HomeMy WebLinkAboutAgenda Packet 1997/07/15
-I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City CIeri, cnd t;mt I posted
Tuesday, July 15, 1997 this Agenda/Notice on the Bulletin Board at .
6:00 p.m. the Pub Ii, er ices Building ~ilit Clt~all on . Counctl Chamhers
DATED,' 1/ (' SIGNED- /1//1 ".IA9Ø:'/.- Pubhc ServIces Bulldmg
Re.-ular Meetin" of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -, Padilla -' Rindone -, Salas -' aDd
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: June 4, 1997 (Special MeetinglWorksession), June 9, 1997 (Special
MeetinglWorksession), June 10, 1997 (Regular Meeting), June 17,
1997 (Regular Meeting), aDd June 24, 1997 (Regular Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. The Chula Vista Humao Services Council (CVHSC) has received the prestigious Hammer Award
from Vice President AI Gore aDd wish to share the award with the City Council. Pam Smith,
Chair, CVHSC, will make the presentation.
b. Oath of Office: Harriet F. Ac!on - Charter Review Commission.
c. Proclaiming July as "Parks and Recreation Month" in the City. The proclamation will be
presented by Mayor Horton to Steve Palma, Chair, Parks aDd Recreation Commission.
CONSENT CALENDAR
(Ilems 5 Ihrough 10)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City slaff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please ftll oul a
"Request to Speak FornI" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITfEN COMMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 6/24/97 in which the City Attorney participated, that there
were no reportable actions which are required under the Brown Act to be reported. It is
recommended that the letter be received aDd filed.
b. Letter of resignation from the Human Relations Commission - John Alien. It is recommended
that tbe resignation be accepted with regret aDd the City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office aDd the Public Lihrary.
Agenda -2- July 15, 1997
6. RESOLUTION 18723 APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AGREEMENTS FOR TISCAL YEAR 1997/98 WITH VARIOUS
COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS - On 6/10/97, Council approved CDBG
funds in the amount of $361,350 for 17 public service programs; $310,000 for
8 community deveJopment programs; $157,350 for Capital Improvement
Projects for 3 non-profit organizations aDd $1,102,200 for 8 City Capital
Improvement Projects; and $478,100 for administration and
plaoning/coordination activities. The U.S. Housing aDd Urbao Development
Department requires a written agreement with each subrecipient of CDBG aDd
HOME funds. Staff recommends approval of the resolution. (Director of
Community Development)
7. RESOLUTION 18711 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACT FOR OPEN SPACE DISTRICTS 1, 5, 9 AND 10 TO NEW
WAY PROFESSIONAL SERVICES - Bids were received on 6110/97 to
provide laodscape maintenaoce. Existing contracts expired 6/30/97. Staff
recommends this item he continued to the meetin!! of 7/22/97. (Director of
Parks, Recreation aDd Open Space) Continued from the meeting of 6/24/97.
8. RESOLUTION 18712 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 3, 4,8, 11, 14, 15 AND 24
TO NEW WAY PROFESSIONAL SERVICES AND RC LANDSCAPE -
Bids were received 'tn 6/10/97 to provide laodscape maintenaoce. Existing
contracts expired 6/30/97. . Stall' recommends this item he continued to the
meetin!! of 7/22/97. (Director of Parks, Recreation aDd Open Space)
Continued from the meeting of 6/24/97.
9. RESOLUTION 18724 ACCEPTING BID AND AWARDING CONTRACT FOR THE
"DELINEATOR REMOVAL PROGRAM - PHASE II AT 700 BLOCK OF
THIRD A VENUE AND 400 BLOCK OF "L" STREET IN THE CITY"
(TF238) - On 6/11/97, sealed bids were received. The general scope of the
project involves the construction of raised mediaos along the 700 block of Third
Avenue (in front of the U.S. Post Office) aDd along the 400 block of "L" Street
(in front of the Boys and Girls Club). The work to be. done involves the
removal aDd disposal of exisiing improvements, installation of median curns,
colored aDd stamped concrete slab work, street signs, pavement striping, tratlic
control aDd other miscellaoeous structures. Staff recommends approval of the
resolution. (Director of Public Works)
1O.A. RESOLUTION 18725 APPROVING TINAL MAP OF TRACT NUMBER 96-06, VISTA DEL
MAR, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS
AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISlON IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS - On ]/14/97. Council
approved the Tentative Subdivision Map for Tract 96-06, Vista Del Mar. Tne
Final Map, Subdivision Improvement Agreement, and Supplemental
Improvement Agreement are now before Council for consideration. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 18726 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVE!\~NT
AGREEMENT FOR TRACT 96-06, VISTA DEL MAR
. . . END OF CONSENT CALEN/JAR . . .
Agenda -3- July 15, 1997
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Fonn" available in the labby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish 10
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting.
11. PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96-
01 ON TWIN OAKS A VENUE BETWEEN NAPLES STREET AND
EMERSON STREET, PURSUANT TO THE IMPROVEMENT ACT OF
1911- On 5/6/97, Council approved the boundary map for Assessment District
96-01. Council also approved ordering the installation of street improvements
on Twin Oaks Avenue from Naples Street to Emerson Street pursuaot to the
Improvement Act of 1911. A second public hearing is scheduled for 7/22/97.
Staff recommends the public hearing be opened, testimony taken, and the public
hearing be closed. (Director of Public Works)
12. PUBLIC HEARING RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97-
01 ON OXFORD STREET BETWEEN FOURTH A VENUE AND TIFTH
A VENUE, PURSUANT TO THE IMPROVEMENT ACT OF 1911 - On
5/13/97, Council approved the boundary map for Assessment District 97-01.
Council also approved ordering the installation of street improvements on
Oxford Street from Fourth Avenue to Fifth Avenue pursuaot to the Improvement
Act of 1911. A second public hearing is scheduled for 7/22/97. Staff
recommends the public hearing be opened, testimony taken, and the public
hearing be closed. (Director of Public Works)
13. PUBLIC HEARING OPEN SPACE DISTRICT 1-9, 11, 14, 15, 17, 18,20,23,24,26,31,33,
BAY BOULEVARD, AND TOWN CENTER FOR FISCAL YEAR 1997/98-
In accordaoce with the Municipal Code Section 17.07, the City Engineer
prepared reports on the spread of assessments of tbe open space districts. The
reports were accepted aDd the required public hearings set. The first public
hearing was conducted on 6/17/97. Staff recommends Council approve the
resolution aDd authorize staff to begin the process of determining assessments
for fiscal year 1998/99. (Director of Public Works)
RESOLUTION 18727 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO
THE ENGINEER'S REPORT, AND LEVYING THE ASSESSMENTS FOR
TISCAL YEAR 1997/98 FOR OPEN SPACE MAINTENANCE DISTRICTS
1-9,11,14,15,17,18,20,23,24,26,31,33, BAY BOULEVARD, AND
TOWN CENTER
Agenda -4- July 15, 1997
14. PUBLIC HEARING OPEN SPACE DISTRICT NUMBER 10 FOR FISCAL YEAR 1997/98 -
Based on tbe advice of the City Attorney, tbe item bas been separated due to
conflict of interest concerns since a Councilmember owns property subject to the
proposed assessment in this district. The first public hearing was conducted on
6/17/97. Staff recommends approval of the resolution. (Director of Public
Works)
RESOLUTION 18728 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIF1CATION TO
THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR
FISCAL YEAR 1997/98 OPEN SPACE DISTRICT NUMBER 10
15. PUBLIC HEARING EASTLAKE MAINTENANCE DISTRICT NUMBER 1 FOR FISCAL
YEAR 1997/98 - Based on the advice of tbe City Attorney, tbe item has been
separated due to conflict of interest concerns since a Couocilmember owns
property subject to the proposed assessment in this district. Staff recommends
approval of the resolution. (Director of Public Works)
RESOLUTION 18729 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIF1CATION TO
THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR
TISCAL YEAR 1997/98 EASTLAKE MAINTENANCE DISTRICT
NUMBER 1
BOARD AND COMMISSION RECOMMENDATIONS
This is the lime the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected io -.licit substantial discussions and deliberalions by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommendalions may in certain cases be presented in the alternative. Those who wish 10 speak, please
ftll out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
16. RESOLUTION 18730 ADOPTING A COURTESY PARKING CITATION PROGRAM FOR THE
DOWNTOWN PARKING DISTRICT FOR A NINETY (90) DAY PERIOD
As a result of the Council workshop on Town Centre I, staff from tbe Police,
Finaoce, aDd Community Development Departments investigated tbe courtesy
parking citation program currently being administered in the City of La Mesa.
Community Development aDd Police Department staff believe the concept has
the potential to resolve some of the parking issues currently being experienced
in the Downtown Parking District; however. the Finance Department is
concerned about the negative financial impact associated with the program.
Staff recommends approval of the resolution. (Director of Community
Development)
Agenda -5- July 15, 1997
17. REPORT CONSIDERATION OF CONTINUATION OF MEMBERSHIP IN THE
SAN DIEGO CONVENTION AND VISITORS BUREAU (CONVIS) AND
PAYMENT OF THE SECOND HALF OF THE ANNUAL DUES FOR
CALENDAR YEAR 1997 - ConVis has invoiced the City for $5,250, the
second half of our annual memhership dues of $10,500. Since Jaouary a Chula
Vista resident was elected to the ConVis board of directors aDd a number of
steps have been taken to provide greater marketing for the City aDd its
attractions. Staff recommends Council approve payment of the second half of
the dues. (public Information Coordinator)
IS.A. RESOLUTION 18731 RETAINING SHELTER AND ANIMAL SERVICES - At its 5/20/97
meeting, Council requested staff return with a comprehensive Animal Shelter
status report to include the status of the existing facility, a plao for a new
facility, net City costs for providing animal shelter service, a cost comparison
of County aDd City animal shelter services aDd ao evaluation of contracting with
the County for City animal control services. Staff recommends retention of both
Shelter aDd Patrol Animal Control services aDd approval of the resolutions.
(Chief of Police)
B. RESOLUTION 18649 APPROPRIATING $2,500 FROM ANIMAL SHELTER DONATIONS AND
$2,300 UNCLAIMED CASH BOND FUNDS FOR CONSTRUCTION OF
A CATTERY - 4/5th's vote required. - Continued from the meeting of
5/20/97.
C. RESOLUTION 18732 TRANSFERRING $97,396 FOR STAFTING FROM UNANTICIPATED
SALARY SAVINGS AND AMENDING THE FISCAL YEAR 1997/98
BUDGET TO ADD ONE KENNEL ATTENDANT ($31,624), HOURLY
WAGES FOR OrnCE HELP AT THE ADMINISTRATIVE OrnCE
ASSISTANT I LEVEL ($30,072) AND PROFESSIONAL SERVICES
FUNDS ($35,700) FOR A PART-TIME VETERIN ARIAN AND
REGISTERED VETERINARIAN TECHNICIAN
D. RESOLUTION 18733 DIRECTING STAFF TO PROCEED WITH THE SITING, DESIGN AND
CONSTRUCTION OF A NEW ANIMAL SHELTER AND
APPROPRIATING $95,000 FROM DEVELOPJ\fENT IMPACT FEES (DIF)
FOR CONCEPTUAL DESIGN SERVICES AND FINAL
ARCHITECTURAL DRAWINGS - 4/5th's vote required.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calenflar.
Agenda uems pulled at the request of the public will be considered prior to those pulled by Councillllembers.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
b. Presentation by the Wilson Group: 7/22/97. Representatives from the City's Legislative Advocate
will appear before Council next week to give a quarterly report on their activities in Sacramento
on behalf of the City. If aoy members of the Council would like to meet with our lobbyists prior
to the meeting, please indicate that interest to Patty Wesp.
Agenda -6- July 15, 1997
20. MAYOR'S REPORT(s)
a. Ratification of appointment to the Economic Development Commission - Robert M. Villarreal (to
ftll vacaocy created by Commissioner Moore, whose term expired 6/30/97).
21. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session aDd thence to) the regular City Council meeting on July 22, 1997 at
6:00 p.m. in the City Council Chambers.
.., declare under penalty of perjury that I am
am~'oye" by the City of Chula Vista in the
Of.flce of the City Cler:., and tilat I posted
thIs Agenda/Notice on tho Bulletin Board at
Tuesday, July 15, 1997 b~eTPubl? r Ices Building and at City ~ on Council Chambers
6:00 p.m. ED. /1 SIGNED §~ - . ..Public Services Building
(immediately following the City Council eetmg)
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April I, 1994, there have been new amendments to Ihe Brown Act. Unless the City Altorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protecl the inlerests of the City. The Council is
required by law to return to open session, issue any reports of.iÌ11!1l action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of.iÌ11!1l action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the CUy Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING: - Existing litigation pursuant to
Government Code Section 54956.9
8 Jones Intercable v. City of Chula Vista.
8 Flynn v. City of Chula Vista.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
8 Agency negotiator: John Goss or designee lor CVEA, WCE, POA, IAFF, Executive
Maoagement, Mid-Maoagement, aDd Unrepresented.
Employee orgaoization: Chula Vista Employees Association (CVEA) aDd Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Maoagement, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
HUMAN SERVICES COUNCIL
SERVING THE COMMUNITIES OF THE SOUTH BAY
~ .- A ""'""" of"""""'"
:to providers supporting the community.
. .1.
\'; .
June 30, 1997
Beverly Authelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ms Authelet:
The Chula Vista Human Servic.es Council (CVHSC) would
appreciate being placed on the City Council Agenda, Tuesday,
July 15, 1997 for a special presentation. The CVHSC has
received the prestigious Hammer Award, from Vice President AI
Gore, for making a difference. The CVHSC would like to share
this award with the City Council, and express it's appreciation
for the Council's continued support, making it possible for the
CVHSC to initiate, organize and support the numerous community
, projects that are making a difference, including but not limited
to; Project CARE, Domestic Violence Clinics, Child Link,
Citizens Adversity Support Team (CAST), Law Seminars, Human
Services Directories, and Forums on timely topics such as
Welfare Reform. etc.
CVHSC members will be present and would appreciate having the
presentation placed near the beginning of the agenda if possible.
ã:e~
Pam Smith, Chairman
Chula Vista Human Services Council
7'a - /
COUNCIL AGENDA STATEMENT
Item: Ie
Meeting Date: 07/15/97
ITEM TITLE: PROCLAMATION: Proclaiming July as Parks and Recreation Month in the
City of Chula Vista
SUBMITTED BY: Director of Parks, Recreation and Open spac~
Historically, agencies throughout California have recognized July as Parks and Recreation Month to bring
an increased awareness of the value of the recreational opportunities to all residents of the community.
The Proclamation will be accepted by the Chair of the Chula Vista Parks and Recreation Commission.
[NETWORK-mo-A1t3-0lD97.P&RMnJn.Pn:.¡"'" 'n. 1997]
1/c -' /
PROCLAIMING THE MONTH OF JULY 1997 AS
PARKS AND RECREATION MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, all levels of government and private enterprise throughout the State of California
participate in the planning, development, and operation of parks and recreational facilities; and
WHEREAS, it is appropriate that attention be focused on the mental and physical benefits derived
from involvement in leisure activities in private and public park areas; and
WHEREAS, positive recreational experiences in our recreational facilities and beautiful parks
contribute to good health and enhance the quality of life for all people; and
WHEREAS, park and recreation opportunities provide something of value for everyone:
NOW, THEREFORE, I SIDRLEY HORTON, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of July 1996 as PARKS AND RECREATION MONTH in the City of
Chula Vista and encourage the citizens of Chula Vista to use and enjoy the parks and recreation facilities
in our community.
[NETWORK-=-All3.0LD97-P&RMmn.""-J"", 27. 1997]
L/c-:2..
>--.,
July 10, 1997
TO: The Honorable Mayor and City counc~
FROM: John D. Goss, City Manager -YJ.. \~éJ; J1
SUBJECT: City Council Meeting of July 15; 1997
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, July 15, 1997. Comments regarding
the written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 6/24/97 in which the city Attorney
participated, there were no reportable actions required under
the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT JOHN ALLEN'S LETTER OF RESIGNATION FROM
THE HUMAN RELATIONS COMMISSION BE ACCEPTED WITH REGRET AND THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
~~f?
::-tÞ.t:.-:;
~~
CITY Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: June 25, 1997 ~
To: The Honorable Mayor and City coun~
From: J~n M. KMeny. City Attor~
Re: Report Regarding Actions T en in Closed Session
for the Meeting of 6/24/97
The City Council met in Closed Session to discuss Flynn v. City of
Chula Vista, Newman v. City of Chula vista and labor negotiations.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C:\lt\clossess.no
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585.5612
,t,!; """"""'-'"
RECEIVED
'91 .II 27 P2:23 John Allen
415 D St., #26
CbuJa Vlru, CA 91910
~TY OF CHULA \'1$1,\ Phone: 619-420-5600
TY CLERK'S OfFICE
Demnber 7, 1996
Human Relatiom Commission
City of Chula VISta
Attention: Michele DeiahaDte, President
276 Fourth Ave
Chula VISta, CA 91910
Dear Michele:
I regret to inform you that I must resi&n from the Commission elJective
Deœmber 31, 1996 since I will be moviß& to Paå1ic Beach at that time.
It has been a pleasure servin: on the Commission for these nveral years and I
wish you success as you move into the coming years. Your capable leadership and the
willingness of the members to undertake complex tasks assure the effectiveness of
the group.
~
1
WRITYEr~d"'IO "'1 (I ~f1 'm ~:. ('T.\~ ""'~O~J""
C.' - - J.f< t.ij) ,...." ~"~~~!11" i¡¡Jh'~~~ ø ~;~9)7,
fJ ;; åft )J ~ -¡ ~? :f;;:! ;::;} ¡;; 7f:;) -If
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 07115/97
ITEM TITLE: RESOLUTION ) '8"7"<-3 APPROVING COMMUNITY DEVElOPMENT BLOCK GRANT
(COBG) AGREEMENTS FOR FY 1997.98 BETWEEN THE CITY OF CHUlA VISTA AND VARIOUS
COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAIO AGREEMENTS
SUBMITTED BY: Co"","";~ Donlo""",, m~. ç .
REVIEWED BY: City ManagerJG:\ \'0 t --" (4/5ths Vote: Yes- NoX)
BACKGROUND:
On June 10, 1997, the City Council approved CDBG funds in the amount of $361.350 for 17 public service programs;
$310,000 for eight community development programs; $157,350 for Capital Improvement Projects for three non.profit
organizations; $1,102,200 for eight city Capital Improvement Projects; and $478,100 for administration and
planning/coordination activities. The U.S. Housing and Urban Development Department (HUD! requires a written agreement
between the City and each subrecipient of CDBG and HOME funds.
RECOMMENDATION: That the City Council adopt the resolution approving the agreements with the social service and
community development organizations; and authorize the Mayor to execute the agreements.
BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, Child Care Commission, Housing
Advisory Commission, and Human Relations Commission made funding recommendations which were considered by Council
in approving the CDBG budget on June 10, 1997.
DISCUSSION:
The agreements between the City and the subgrantees cover the period from July 1, 1997 to June 30, 1998. Each
agreement has several exhibits attached which are incorporated into the agreements. An example of an Agreement and
the exhibits are attached as follows:
Exhibit A: The Statement of Work and Performances Schedule describes the services the agency
will be providing and the estimated number of people who will be provided each of these
services each month. This performance schedule will be used to monitor each agency's
progress in completing the scope of work.
Exhibit B: The Itemized Budget shows exactly how the agency intends to expend the CDBG funds.
This itemized budget will be used to monitor expenditures through the year.
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Page 2. Item -
Meeting Date 07115197
Exhibit C: The HUD Income limits for the San Diego Standard Metropolitan Statistical Area
(revised January 1997) will be used to determine the number of low income
householdsfpersons served. Each program is required to serve a minimum of 51 percent
low-income persons/households.
Exhibit 0: City of Chula Vista Party Disclosure Statement.
AGREEMENTS:
The agreements are with the following organizations for the purpose and amount stated:
PUBLIC SERVICES:
CV Youth Services Network $113,000
Happy Child, Inc. $6,500
U.S. Institute of Amateur Athletics $3,000
The Access Center of San Diego, Inc. $3,000
Southwestern College. Career Center (1) $3,000
Lutheran Social Services. Shared Housing $4,000
Adult Protective Services $7,850
Meals on Wheels Greater San Diego, Inc. $12,500
George G. Glenner Alzheimer's Family Centers, Inc. $5,000
Chula Vista Family Violence Prevention Coalition $34,000
Boys & Girls Club of Chula Vista. Facility $19,500
Maintenance "L" Street
Thursday's Meal $3,500
Chula Vista COPS $80,000
Lutheran Social Services. Project Hand $13,000
Chula Vista Public library $17,000
Woodlawn Park Civic League $12,000
Chula Vista Therapeutics $25,000
TOTAL PUBLIC SERVICES $361.350
r;;-;z
Page 3, Item -
Meeting Date 07115/97
(1) Southwestern College Career Center job placement activity to be funded from Public Services in the amount of
$3,000. The activities targeting specific businesses and specific jobs are to be funded under Community Projects
as "special economic development projects" in the amount of $13,000.
COMMUNITY PROJECTS:
SBCS/YMCA - Teen Center Club Rent $33,600
SBCS Graffiti Removal $35,000
LSS.Caring Neighbors $24,000
SBCS Office Rent $61.200
SBCS.Community Development Program (2) $36,200
Border Environmental Commerce Alliance $50,000
Southwestern College. Career Center (3) $13,000
Chula Vista Building & Housing $50,000
Chicano Federation $7,000
TOTAL COMMUNITY PROJECTS $310.000
(2) The SBCS Community Development Program received funding approval in the amount of $73,000 ($36,200 from
CDBG funds and the remaining balance of $36.800 from HOME funds),
(3) The Southwestern College Career Center received funding approval in the amount of $16,000 which is split
between the Public Service Category ($3,000) and the Community Project Category ($13,000), The job training
and job employment portion is eligible to be funded under the Community Project portion of the CDBG budget.
CAPITAL IMPROVEMENT PROJECTS:
Chula Vista Cluster Coordinating Council. Insectary $85,000
Restoration
Boys & Girls Club of Chula Vista. Parking Facility $7,350
Rehabilitation
The Salvation Army. Nutritional Program Building $65.000
Expansion
TOTAL CAPITAL IMPROVEMENT PROJECTS $157,350
t-J
Page 4. Item -
Meeting Date 07/15/97
ADMINISTRATION AND PLANNING:
Fair Housing Council $38,000
CV Human Services Council $28,000
Chula Vista Human Services Council - Community $20,000
Collaborative Dir.
United Way-Homeless Task Force $1,000
CV Park & Recreation Human Services Coordinator $30,000
CDBG Administration $361,100
TOTAL ADMINISTRATION AND PLANNING $478.100
The Agreements will be prepared using the City's standard form of CDBG Agreement tailored to suit the individual
circumstances. A sample of this Agreement is attached for your information.
FISCAL IMPACT: These contracts, totaling $945.700, will be funded out of the City's 1997-98 CDBG and HOME
entitlement funding ($908,900 from CDBG and $36,800 from HOME). In the remote event that HUD should withdraw the
City's CDBG or HOME funding, the agreements provide that the City is not obligated to compensate the sub grantees for
program expenditures.
(JFI H,\HOME\COMMOEVISTAFF.REP\O7.15.97\COBG97.113IJuly8. 199712,15pmll
r:,-Jj
RESOLUTION NO. /f57c2,3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AGREEMENTS FOR FY 1997-98 BETWEEN THE CITY OF
CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, the City participates in the Community Development Block Grant (CDBG)
and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects
and services which will benefit low-income Chula Vista households; and
WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on May
13, 1997 to review and receive public comment on the draft Consolidated Annual Plan for fiscal
year 1997-98; and
WHEREAS, on June 10, 1997 the City Council of the City of Chula Vista approved
the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
program budgets for fiscal year 1997-98 and designated the various Grantees of such funds; and
WHEREAS, the U.S. Housing and Urban Development Department (HUD) requires
a written agreement between the City and Grantees governing the manner in which granted funds
are expended; and
WHEREAS, the Grantees have warranted and represented that they are experienced
and staffed in a manner such that they can prepare and deliver the services required by Grantor
within the time frame herein provided all in accordance with the terms and conditions of this
Agreement; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determine, and resolve as follows:
SECTION 1. The City Council does hereby approve CDBG Agreements on the City's standard
form with the Grantees, and in the amounts specified below, in final forms
approved by the City Attorney, copies of which shall be kept on file in the Office
of the City Clerk with the contract numbers specified below.
CDBG COMMUNITY ORGANIZATIONS - 1997/9B CONTRACT FUNDS
NUMBER ALLOCATED
Chula Vista Youth Services Network CO97- $113,000
Happy Child, Inc. CO97- $6,500
U.S. Institute of Amateur Athletics CO97- $3,000
The Access Center of San Diego, Inc. CO-97 $3,000
Southwestern College Career Center CO97- $16,000
Lutheran Social Services - Shared Housing CO97- $4,000
Adult Protective Services CO97- $7,850
Meals on Wheels Greater San Dieao CO97- $12,500
~-S-
CDBG COMMUNITY ORGANIZATIONS - 1997/98 CONTRACT FUNDS
NUMBER ALLOCATED
George G. Glenner Alzheimer's Family Centers, Inc. CO97- $5,000
Chula Vista Family Violence Coalition CO97- $34,000
Boys & Girls Club of Chula Vista - Maintenance CO97- $19,500
Thursday's Meal CO97- $3,500
Chula Vista COPS CO97- $BO,OOO
Lutheran Social Services - Project Hand CO97- $13,000
Chula Vista Literacy Team Center CO97- $17,000
Woodlawn Park Civic League CO97- $12,000
Chula Vista Therapeutics Program CO97- $25,000
South Bay Community Services - Graffiti Removal C097- $35,000
Lutheran Social Services - Caring Neighbor CO97- $24,000
South Bay Community Services - Office Rent C097- $61,200
South Bay Community Services - Community Development CO97- $73,000
Program
SBCS/YMCA Teen Club C097- $33,600
Chicano Federation - Micro Loan Pro9ram CO97- $7,000
Chula Vista Cluster Coordinating Council - Insectary CO97- $85,000
Restoration
Boys & Girls Club of Chula Vista - Parkin9 Rehabilitation CO97- $7,350
The Salvation Army - Building Renovation CO97- $65,000
Fair Housing Council of San Diego CO97- $38,000
Chula Vista Human Services Council C097- $28,000
County of San Diego - Regional Task Force on the Homeless CO97- $1,000
Chula Vista Human Svcs Council - Community Coil. Director CO97- $20,000
Chula Vista Buildin9 & Housin9 Dept - Community C097- $50,000
Preservation
Park & Recreation Human Services Coordinator CO97- $30,000
Border Environmental Commerce Alliance C097- $50,000
SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula
Vista to execute said contracts for and on behalf of the City of Chula Vista.
SECTION 3. This resolution shall take and be in full force and effect immediately upon the
passage and adoption thereof.
¿{~~
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter in the same in the book of original Resolutions of said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at
which the same is passed and adopted.
Presented by Approved as to form by
~~~ Y
Chris Salomone
Director of Community Development
IIJ" H,'HOMEICOMMOEV'RESOS'COBG97.RES (J,lv 8.1997 12,310m)
¿;;-7
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 07/15/97
ITEM TITLE: Resolution: /'& 7 II Accepting bids and awarding landscape
maintenance contracts for Open Space Districts 1, 5, 9, and 10
to New Way Professional Services
SUBMITIED BY: """"", or PMJ<,. """'"¡.¡ 0,.. Sp.œ 'if
REVIEWED BY: City Manager & 'Oft/) ~ (4/5ths Vote: Yes - No ..xJ
Staff recommends this item be continued to the meeting of July 22, 1997.
[NETWORK-mo-PARKSREC\A1l3\OLD97\0SAwnlCt.A13-JoIy 10, 1997] 1
7-/
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 07/15/97
ITEM TITLE: Resolution: 187/2. Accepting bids and awarding landscape
maintenance contracts for Open Space Districts 3,4,8, 11, 14,
15, and 24 to New Way Professional Services and RC
Landscaping
SUBMITTED BY: D""""",,fI',b, R."""~ - - <¡;--
REVIEWED BY: City Manager~ \?NO /". /I ~ (4/5tbs Vote: Yes - No X)
Staff recommends this item be continued to the meeting of July 22, 1997.
[NErwORK-=-PARKSREClA113\0LD'I7\OSAwnlCLA13-July 10, 1997] 1
~/
COUNCIL AGENDA STATEMENT
ltemL
Meeting Date 7/15/97
ITEM TITLE: Resolution )~7.21j Accepting and awarding contract for the
"Delineator Removal Program - Phase IT at 700 Block of Third Avenue and
400 Block of "L" Street, in the City of Chula Vista, CA." (TF238)
SUBMITTED BY: Director of Public W orks~)
REVIEWED BY: City Manager G~lJ (4/5ths Vote: Yes_NoX)
foJ .
At 2:00 p.m. on June 11, 1997 in Conference Room 3, the Director of Public Works received
sealed bids for the "Delineator Removal Program - Phase IT at 700 block of Third Avenue and 400
block of "L" Street, in the City of Chula Vista, CA (TF-238). The general scope of the project
involve the construction of raised medians along the 700 block of Third A venue (in front of the
U.S. Post Office) and along the 400 block of "L" Street (in front of the Chula Vista Boys and
Girls Club). The work to be done involves the removal and disposal of existing improvements,
installation of median curbs, colored and stamped concrete slab work, street signs, pavement
striping, traffic control and other miscellaneous structures as shown on the plans.
RECOMMENDATION: That Council accept bids and award contract to Star Paving Corp., San
Diego, in the amount of $39,523.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Funding for this project was budgeted during the FY 1996-97 Capital
Improvement Program (CIP) budget process. This project is part of a program that was set up
for the replacement of temporary traffic control delineators that have been placed throughout the
City. The delineators are aesthetically unappealing and must be replaced on a regular basis as
they are run over. The raised medians would provide a more permanent and attractive barrier that
is virtually maintenance free.
The project was advertised for a period of four weeks and plans were purchased by two
contractors, and on the bid opening date we received one bid, shown below:
Contractor Bid Amount
Star Paving Corporation, San Diego, CA $39,523.00
9--/
Page 2, Item-
Meeting Date 7/15/97
The low bid by Star Paving is below the Engineer's estimate of $47,550 by $8,027.00 or 16.88 %.
During the course of advertizing the project, staff contacted various contractors to ascertain the
reason for their lack of interest in the project, and most of them indicated that since the economy
started improving, they were now very busy and most were working on bigger projects that had
better profit margins. It is staff's opinion that since the bid by Star Paving is below the
Engineer's estimate, and taking into consideration the current level of activity in the construction
industry, nothing will be gained by re-advertising the project to get more bids.
The contractor, Star Paving Corp has just recently completed two projects for the City "The Tree
Removal and Sidewalk Replacement at Various Locations (FY 95-96) Program" and "The
Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista (FY 95-96)
Program". In addition, the contractor has done work for the City of San Diego, and the County
of San Diego, and both agencies have found the contractor's work to be satisfactory. We have
also verified the contractor's license and qualifications and determined that they are in good order.
The contractor has satisfactorily met all the requirements. We therefore recommend awarding
contract to Star Paving Corp., San Diego.
Prevailin¡¡- Wa¡¡-e Statement
This project is primarily funded through Gas Tax Funds. Based on the current project funding
guidelines, no prevailing wage requirements were necessary as part of the bid documents.
Environmental Status
The City's Environmental Coordinator has reviewed the work involved in this project and
detennined that the project is exempt under Section 15301(c), Class 1 of the California
Environmental Quality Act (CEQA).
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
Financial Statement
9-2
Page 3, Item-
Meeting Date 7/15/97
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $39,523.00
B. Contingencies (Approximately 11 %) $ 4,221.19
C. Staff Cost (Inspection, Design, Surveying, and traffic) $ 8,500.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $52,244.19
FUNDS AVAILABLE FOR CONSTRUCTION
A. Delineator Removal Program Ph. II (Project No. TF238) $52,244.19
FISCAL IMPACT: Funding for this project was budgeted in the FY 96-97 CIP budget. The
project as budgeted will utilize Gas Tax Funds. Upon completion of the project, only routine City
maintenance mainly sign replacement will be required.
Exhibit: A - Contractor's Disclosure Statement NOT.SCANNED
(0735-10-TF238)
lune 30, t997 (I 1:47am)
H: IHOMEIEN GINEER IAGENDA I TF238. AC
9'3
RESOLUTION NO. /2'702.'/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR THE "DELINEATOR REMOVAL PROGRAM -
PHASE II AT 700 BLOCK OF THIRD AVENUE AND 400
BLOCK OF "L" STREET, IN THE CITY OF CHULA
VISTA, CA." (TF238)
WHEREAS, at 2:00 p.m. on June 11, 1997 in Conference Room
3, the Director of Public Works received the following sealed bid
for the "Delineator Removal Program - Phase II at 700 block of
Third Avenue and 400 block of "L" Street, in the City of Chula
Vista, CA (TF-238):
Contractor Bid Amount
Star Paving Corporation, San $39,523.00
Diego, CA
WHEREAS, the low bid by Star Paving is below the
Engineer's estimate of $47,550 by $8,027.00 or 16.88%; and it is
staff's opinion that since the bid by Star Paving is below the
Engineer's estimate, and taking into consideration the current
level of activity in the construction industry, nothing will be
gained by re-advertising the project to get more bids; and
WHEREAS, the contractor, Star Paving Corporation, has
satisfactorily met all the requirements and staff therefore
recommends awarding contract to Star Paving Corp., San Diego; and
WHEREAS, this project is primarily funded through Gas Tax
Funds and based on the current project funding guidelines, no
prevailing wage requirements were necessary as part of the bid
documents; and
WHEREAS, the City's Environmental Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under section 15301(c), Class 1 of the California
Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
ci ty of Chula Vista does hereby accept the bid and award the
contract to Star Paving Corporation in the amount of $39,523.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of ey
Public Works
C:\rs\delinea.tor 9~f
COUNCIL AGENDA STATEMENT
Item /¿J
Meeting Date1L.lSL.21.
ITEM TITLE: A) Resolution 18'7.2.5' Approving Final Map of Chula Vista
Tract No. 96-06, Vista Del Mar, Accepting on Behalf of the City
of Chula Vista Public Streets and Easements Granted on Said Map
within Said Subdivision, and Approving Subdivision Improvement
Agreement for the Completion of Improvements Required by Said
Subdivision, and Authorizing the Mayor to Execute Said Agreement
B) Resolution /;/7.2.(, Approving Supplemental Subdivision
Improvement Agreement fot Chula Vista Tract 96-06, Vista Del
Mar
SUBMITTED BY: Director of Public Work~
REVIEWED BY: C" M 6:¿\b (4/5ths Vote: Yes_NoX)
lty anager{o1). On January 14, 1997, by Resolution No. 18553, City Council approved the Tentative Subdivision
Map for Chula Vista Tract 96-06, Vista Del Mar (see Attachment 1). The Final Map, Subdivision
Improvement Agreement (see Attachment 2), and Supplemental Subdivision Improvement
Agreement (see Attachment 3) are now before Council for consideration and approval.
RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Map and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The Vista Del Mar Subdivision is generally located north of "C" Street and west of North Del
Mar Avenue. The final map for the subdivision consists of fifteen (15) single family lots. A plat
of the subdivision is presented in Attachment 1.
The final map for said subdivision has been reviewed by the Department of Public Works and
found to be in substantial confonnance with the approved Tentative Map. Approval of the maps
constitutes acceptance by the City of all sewer, drainage, and tree planting easements within the
subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of Vista
Del Mar Court and a portion of North Del Mar Avenue.
Jð?--/
Page 2, Item
Meeting Date..1L1SL2Z...
The developer has executed a Supplemental Subdivision Improvement Agreement, which includes
the following provisions:
1. In satisfaction of Condition No.7 of Resolution No. 18553, the developer agrees to install
fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula
Vista Municipal Code Section 15.36.030, the developer agrees to install, test and operate
all fire hydrants prior to the delivery of any combustible materials.
2. In satisfaction of Condition No. 23 of Resolution No. 18553, the developer agrees to enter
into an agreement to defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37
of the State Subdivision Map Act, provided the City promptly notifies the subdivider of
any claim, action or proceeding and on the further condition that the City fully cooperate
in the defense.
3. In satisfaction of Condition No. 24 of Resolution No. 18553, the developer agrees to enter
into an agreement with the City wherein the developer agrees to defend, indemnify and
hold harmless the City, its agents, officers and employees from any damage, expense,
claim, liability or cost (including attorney's fees) arising from any liability for erosion,
siltation, or increased flow of drainage resulting from this project.
4. In satisfaction of Condition No. 25 of Resolution No. 18553, the developer agrees to enter
into an agreement with the City to insure that all franchised cable television companies
("Cable Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. The developer may restrict access to
the conduit to only those franchised cable television companies who are, and remain in
compliance with, all of the terms and conditions of the franchise and which are in further
compliance with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
5. In satisfaction of Condition No. 28 of Resolution No. 18553, the developer agrees to
comply with all applicable Federal, State, and local laws, and all regulation including,
sections of the Chula Vista Municipal Code and the Uniform Building Code.
j¿J,e:¿
Page 3, Item
Meeting Date..1LlSL21...
The developer has executed a Subdivision hnprovement Agreement and has also provided bonds
to guarantee construction of the required public improvements and the subdivision monwnentation
and benchmarks. The developer has paid all applicable fees.
Please note that the developer's disclosure statement and January 14, 1997 City Council minutes
pertaining to approval of the Tentative Subdivision Map are included as Attachments 4 and 5,
respectively.
FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachments:
Attachment I: Vista Del Mar Location Map/Subdivision Plat NOT SCANNED
Attachment 2: Subdivision Improvement Agreement
Attachment 3: Supplemental Subdivision Improvement Agreement
Attachment 4: Developer's Disclosure Statement 1'.Tn;'1' ""'" . ,,~-..;.
Attachment 5: Minutes of 1114/97 Regarding Resolution No. 18553 NOt SCM"NED
KPA/kpa
[FILE NO. 0600-80-EY418]
June 17. 1997 (8:19am)
[H:IHOMEIENGlNEERIAGENDAI V - DELMAR.KPA]
JjJ.-J
RESOLUTION NO. / ?" 7 ~S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 96-06, VISTA DEL MAR, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA PUBLIC
STREETS AND EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 96-06, VISTA DEL MAR, and more
particularly described as follows:
The southerly half of the southwesterly
quarter of 40 acre Lot 2 in Quarter section
135, excepting therefrom the westerly 189 feet
thereof, of the Rancho de la Nacion, in the
city of Chula Vista, County of San Diego,
State of California, according to map thereof
No. 166, filed in the Office of the County
Recorder of San Diego County, May 11, 1869,
also excepting therefrom, the southerly 153
feet.
Together with all of Lot 4, excepting
therefrom the westerly 189 feet thereof of
Darling's Subdivision, in the city of Chula
Vista, county of San Diego, State of
California, according to Map thereof No. 1612,
filed in the office of the County Recorder of
San Diego county December 1, 1913.
Area: 3.715 Acres No. of Lots: 15
Numbered Lots: 15 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the public vista Del Mar Court and a portion of North Del
Mar Avenue, and easements with the rights of ingress and egress for
the construction and maintenance of sewer facilities, drainage
facilities, and street tree planting, all as shown on this map
1
/¿;J/J-j
within this subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
sewer facilities, drainage facilities, and street tree planting, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by Approved as to form by
Ck-~Jy-
John P. Lippitt, Director of John M. Kaheny, City Att~ney
Public Works
H: \SHARED\ENGINEER\ V_OELMAR. FM
2
/¿J4~2
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3 nt day of
.:JUl-Ý , 199~, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and DBL D FISH,
7449 Girard Avenue, La Jolla, Ca. 92037
hereinafter called "Subdivider";
Nl.INEââEI!L-
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Chula
Vista Tract 96-06, Vista Del Mar, pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /ß-1l-J
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18553, approved on the 14th day of
January, 1997 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-416 through 97-419, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $217,000.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdi vider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- 1¿14-(
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS
($108,500) which security shall guarantee the faithful performance
of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS
($108,500) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees :to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of TWO THOUSAND DOLLARS AND NO CENTS ($2,000) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- /¡J/9 ~5'
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limi ts established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of, final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /?J/J--~
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: DBL D FISH
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Mayor of the City of Chula
Vista
PI< é:-,5~
ATTEST
City Clerk
Approved as to form by
~~~
City Attorney
(Attach Notary Acknowledgment)
-5- / tfJ/J' 7
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $108,500
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $108,500
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $2,000
Securities approved as to form and amount by
~(jfk ~~~~
City Attorney
Improvement Completion Date: Two years from the date of
Council approval of the
Subdivision Improvement
Agreement
H: \hooe \attDrney\ ssia \ vistadel. oar
-6- /tdr r
RESOLUTION NO. /~702.?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
96-06, VISTA DEL MAR
WHEREAS, the developer, DBL D FISH, has executed a
Supplemental Subdivision Improvement Agreement for Chula vista
Tract 96-06, vista Del Mar, which includes the following
provisions:
1. In satisfaction of Condition No. 7 of Resolution No. 18553,
the developer agrees to install fire hydrants as required by
the city Fire Marshall. Further, in compliance with Chula
vista Municipal Code section 15.36.030, the developer agrees
to install, test and operate all fire hydrants prior to the
delivery of any combustible materials.
2. In satisfaction of Condition No. 23 of Resolution No. 18553,
the developer agrees to enter into an agreement to defend,
indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against
the City, or its agents, officers or employees to attack, set
aside, void or annul any approval by the City, including
approval by its Planning Commission, City Council or any
approval by its agents, officers, or employees with regard to
this subdivision pursuant to section 66499.37 of the State
Subdivision Map Act, provided the city promptly notifies the
subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperate in the
defense.
3. In satisfaction of Condition No. 24 of Resolution No. 18553,
the developer agrees to enter into an agreement with the city
wherein the developer agrees to defend, indemnify and hold
harmless the city, its agents, officers and employees from any
damage, expense, claim, liability or cost (including
attorney's fees) arising from any liability for erosion,
siltation, or increased flow of drainage resulting from this
project.
4. In satisfaction of Condition No. 25 of Resolution No. 18553,
the developer agrees to enter into an agreement with the City
to insure that all franchised cable television companies
("Cable Company") are permitted equal opportunity to place
conduit and provide cable television service to each lot
within the subdivision. The developer may restrict access to
the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the
1
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terms and conditions of the franchise and which are in further
compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time
to time be issued by the City of Chula Vista.
5. In satisfaction of Condition No. 28 of Resolution No. 18553,
the developer agrees to comply with all applicable Federal,
state, and local laws, and all regulation including, sections
of the Chula vista Municipal Code and the Uniform Building
Code.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract 96-06,
vista Del Mar, a copy of which is on file in the office of the City
Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
~ ~9{~ k
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C:\rs\V_DELMAR.FM
2
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-,
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 7, 23, 24, 25, 28)
This Supplemental Subdivision Improvement Agreement ("Agree-
ment") is made this ~ day of JULY, 1997, by and between THE
CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and DBL D FISH, a California corporation ("Develop-
er" or "Grantor"), with reference to the facts set forth below,
which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Vista Del Mar.
For purposes of this Agreement the term "Project" shall mean
"Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Vista Del Mar,
Tract 96-06 ("Tentative Subdivision Map") for the subdivision of
the Property.
D. The City has adopted Resolution No. 18553 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
1
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subject to certain conditions as more particularly described in the
Resolution, a copy of which is attached hereto as Exhibit "B" and
incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
I. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to e~ercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project, Developer may have
the right to obtain a release of any of Developer's obligations
under this Agreement, provided Developer obtains the prior written
consent of the City to such release. Such assignment shall,
however, be subj ect to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The City
shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under
this Agreement, and demonstrates, to the reasonable satisfaction of
the city, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is
being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the Burden
2
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of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not,
in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condition No. 7 - Fire Hydrants. In satisfaction of
Condition No. 7 of the Resolution, Developer agrees to install,
test and operate all fire hydrants required by the Fire Chief prior
to placement of any combustible materials on site of any unit in
the Project; in conjunction therewith, developer shall provide
roadway access at such sites for fire apparatus as required by the
Fire Chief.
3. Condition No. 23 - Subdivision Map Indemnity. In
satisfaction of Condition No. 23 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the City, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this Project.
4. Condition No. 24 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 24 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action, or, proceeding,
against the City, including City's attorneys' fees, or its agents,
officers or employees, related to erosion, siltation or increased
flow of drainage resulting from the Property. City agrees to
reasonably cooperate with Developer in the defense of any such
action, claim or proceeding.
5. Condition No. 25 - Cable Television Easements. In
satisfaction of Condition No. 25 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
ci ty of Chula Vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
city of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula vista
the condition of such grant being that (a) such access is coordi-
nated with Developer's construction schedule so that it does not
3
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delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a determina-
tion by the city of Chula vista that they have violated the
conditions of the grant.
6. Condi tion No. 28 - Obey All Laws. In satisfaction of
Condition No. 28 of the Resolution, the Developer agrees to comply
with and obey all applicable Federal, state and local laws,
including all City of Chula vista rules and regulations such as the
Chula Vista Municipal Code and the Uniform Building Code.
Developer further agrees to prepare the Final Map and all plans in
accord with the Subdivision Map Act and City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
7. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Vista Del Mar Tentative
Map, Tract 96-06 established by Resolution No. 18553 and shall
remain in compliance with and implement the terms, conditions and
provisions of the Agreement.
17. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 7, 23, 24, 25 and 28 of the Resolution.
18. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
19. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
recei ved when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
4
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CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
DBL D FISH
7449 Girard Avenue
La Jolla, Ca. 92037
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the ma=er provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation, enforce-
ment or rescission hereof, the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS SIGNATURE PAGE]
5
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[SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR VISTA DEL MAR]
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA DEVELOPER: DBL D FISH
~6~~
Shirley Horton, Mayor Daniel B. Irwin, President
Attest:
Beverly Authelet, City Clerk
Approved as to form:
¡Q :J)1\< ~*
(Jø. :J ~A .
J~. Kaheny,~ty At or ey
H: \Ho.e\Attorney\SSIA\ Vista.DM
6
J;:fJ[J -6
EXHIBIT "A"
LEGAL DESCRIPTION
CHULA VISTA TRACT 96-06, VISTA DEL MAR
The southerly half of the southwesterly quarter of 40
acre Lot 2 in Quarter Section 135, excepting therefrom
the westerly 189 feet thereof, of the Rancho de la
Nacion, in the City of Chula Vista, County of San
Diego, State of California, according to map thereof
No. 166, filed in the Office of the County Recorder of
San Diego County, May 11, 1869, also excepting
therefrom, the southerly 153 feet.
Together with all of Lot 4, excepting therefrom the
westerly 189 feet thereof of Darling's Subdivision, in
the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 1612, filed in
the office of the County Recorder of San Diego County
December 1, 1913.
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.~ RESOLUTION NO. 18553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS ON
TENTATIVE SUBDIVISION MAP VISTA DEL MAR, CHULA VISTA
TRACT 96-06
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein by
this reference, and commonly known as Tentative Subdivision Map Vista Del Mar,
Chula Vista Tract 96-06; and for the purpose of general description herein consists of
3.46 acres located on the west side of Del Mar Avenue between Nixon Place and
Shirley Avenue in the R-1 zone ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on June 17, Dan Irwin ("Developer") filed an application with the
Planning Department of the City of Chula Vista requesting approval of the tentative
subdivision map in order to subdivide said property into 15 single family detached
residential lots (two of which are panhandle lots) served by the widening of Del Mar
Avenue and extending a new cul-de-sac street westerly from Del Mar Avenue
("Project"); and
C. Planning Commission Record on Application
WHEREAS, the Planning C6mmission held an advertised public hearing on the
Project on November 13, 1996, and voted (6-0) to recommend that the City Council
approve the Project. based upon the findings and subject to the conditions listed
below; and
D. City Council Record o.f Applications
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on January 14, 1997. on the Project
and to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same.
WHEREAS NOW. THEREFORE, BE IT RESOLVED that the City Council does
hereby find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
- The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project held on November 13, 1996 and the minutes and resolutions
resulting therefrom. are hereby incorporated into the record of this proceeding.
J&ß -/¡¿
Resolution 18553
Page 2
III. COMPLIANCE WITH CEQA
The City Council does hereby find that the Initial Study, IS-96-33 has been prepared
in accordance with requirements of the California Environmental Quality Act and
Environmental Review Procedures of the City of Chula Vista and, based on the findings and
determinations set forth therein, hereby adopts the Negative Declaration prepared in
connection therewith.
IV. TENTATIVE SUBDIVISION MAP FINDlNGS/ APPROVAL
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map, as conditioned herein for
Vista Del Mar, Chula Vista Tract No. 96-06 is in conformance with the various
elements of the City of Chula Vista General Plan, based on the following:
The project is in substantial conformance with the Chula Vista General Plan
Elements as follows:
1. Land Use: The density of the project of 4.0 dwelling units per acre is
consistent with Low Medium Residential Density Land Use 3-6 DU's/Acre
designation of the General Plan.
2. Circulation: The lots will be served by the widening of Del Mar Avenue
and the installation of a new cul-de-sac street. The panhandle lots will be
served by a private driveway.
3. Housing: The project will provide additional housing consistent with the
zoning and development pattern in the neighborhood.
4. Conservation: The project site has been previously developed and there
are no sensitive plant species found on the property.
5. Parks and Recreation, Open Space: The developer will be required to pay
the Park Acquisition and Development fee with Final Map approval. .
6. Seismic Safety: The project site is not adjacent to a located or inferred
earthquake fault.
7. Safety: The Fire Department and other emergency service agencies have
reviewed the proposed subdivision for conformance with City safety policies
and have determined that the proposal meets the City Threshold Standards for
emergency servIces.
8. Noise: The units will be required to meet the interior noise level
standards of the Uniform Building Code.
9. Scenic Highway: The project site is not located adjacent to a designated
scenic highway. /¡)ß -/j
Resolution 18553
Page 3
~
10. Bicycle Routes: The project site is located within a single family
residential area and is not required to provide a separate bicycle lane.
11. Public Buildings: No public buildings are proposed on the project site.
The project is subject to RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council
certifies that it has considered the eftect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents
of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum sitting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
BE .IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approve the Tentative Subdivision Map subject to the conditions set forth below.
A. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the developer shall:
GENERALIPRELIMINARY
1. Design and construct all street improvements in accordance with Chula
Vista Design Standards, Chula Vista Street standards, and the Chula Vista
Subdivision Manual unless otherwise approved by the City .Engineer. Obtain
City Engineer approval of detailed improvement plans prepared by a registered
civil engineer licensed in tf:1e State of California detailing horizontal and vertical
alignment of said streets. Design transition to meet existing improvements to
the satisfaction of the City Engineer.
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, street
signs, street name signs, striping, sewer and water utilities, drainage facilities,
street lights, signs, and fire hydrants.
2. Install oft-site public street improvements including,. but not limited to,
pavement, curb, gutter, and street lights along the easterly portion of Del Mar
Avenue from the end of existing improvements north of proposed Vista del Mar
Court to Shirley Street. /t!t1-/.2.
Resolution 18553
Page 4
3. Secure, in accordance with City standards, prior to approval of the final
map the construction of all public street improvements deemed necessary by
the City Engineer to provide service to the subject subdivision.
4. Present written verification to the City Engineer from Sweetwater
Authority that the subdivision will be provided adequate water service and long
term water storage facilities.
5. Provide minimum 12' wide paved access to all public drainage facilities
and storm drain clean outs to the satisfaction of the City Engineer.
6. Provide paved access (minimum 12' width) to all public sewer manholes
necessary to serve the subdivision. Design access road to accommodate H-20
wheel loads and maximum 15% grade to the satisfaction of the City Engineer.
7. Install fire hydrants as determined by the City Fire Marshal. Said
hydrant locations shall be shown on the improvement plans.
GRADINGIDRAINAGE
8. Submit and obtain approval by the City Engineer of precise grading plans
prepared by a registered civil engineer. All grading and pad elevations shall be
within 2 feet of the grades and elevations shown on the approved tentative
map or as otherwise approved by the City Engineer and Planning Director.
9. Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
10. Show the location of existing cUt/fill lines on grading plans unless
otherwise approved by the City Engineer. .
11. Submit a list of proposed lots indicating whether the structure will be
located on fill, cut, or a transition between the two situations prior to approval
of the final map.
12. Design all retaining walls to Cnula Vista standards as determined by the
City Engineer. Show details for non-standard walls on the grading plans and
submit structural calculations for said walls for review and approval prior to
issuance of a grading permit. Include design recommendations for retaining
walls in the soils report for the project.
13. Submit a detailed geotechnical report prepared and signed and stamped
by both a registered civil engineer and certified engineering geologist prior to
approval of grading plans and issuance of a grading permit. Said report shall
include a structural analysis of the existing retaining wall along the westerly
boundary of the subdivision. The analysis shall determine whether the existing
retaining wall is adequate for the changing surcharge loads due to the proposed
grading. /~g-/.3
Resolution 18553
Page 5
~
14. Submit a precise drainage study prepared by a registered civil engineer
and approved by the City Engineer prior to issuance of a grading permit or other
development permit. Design of the drainage facilities shall consider existing
drainage patterns. The drainage study shall show how downstream properties
are currentl." impacted. Said study shall include all area from the project to a
point downstream where said runoff is collected in a public drainage system.
The extent of the study shall be as approved by the City engineer.
15. Submit a detailed hydraulic study including inlet size and dry lane
calculations prior to approval of grading or improvement plans.
EASEMENTS
16. Dedicate for public use all streets shown on the tentative map within the
subdivision boundary.
17. Indicate on the final map a reservation for future reciprocal access and
use easements between the owners of Lots 5 & 6. Said easement shall include
the proposed driveway access and parking area shown on the tentative map.
18. Dedicate to the City on the final map drainage and sewer easements for
any public sewer and/or drainage facilities located outside the proposed public
right-of-way. Minimum widths of said easements shall be 15 feet or as
determined by the City Engineer.
19. Grant to the City a 5.5 foot wide street tree planting and maintenance
easement along all public streets within the subdivision.
20. Obtain and grant to ,the City drainage and sewer easements for any
public drainage and/or s.ewer facilities required to serve the proposed
development that are located on private offsite property.
21. Obtain and grant to the City right-of-way required to install full street
improvements along the easterly portion of Del Mar Avenue from Vista del Mar
Court to Shirley Street.
22. The developer shall notify the City at least 60 days prior to consideration
of the final map by City if off-site right-of-way or easements cannot be obtained
as required by the Conditions of Approval.
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements
required by the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-
of-way or easements. Said estimate to be approved by the City
Engineer. /tfJß -)~
Resolution 18553
Page 6
c. Have all easements and/or right-of-way documents and plats
prepared and appraisals complete that are necessary to commence
condemnation proceedings.
d. If the developer so requests, the City may use its powers to
acquire right-of-way. easements or licenses needed for off-site
improvements or work related to the tentative map. The developer shall
pay all costs. both direct and indirect incurred in said acquisition.
The requirements of a, b, and c above shall be accomplished prior to the
approval of the final map.
AGREEMENTS
23. Agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against the City,
or its agents. officers or employees to attack. set aside, void or annul any
approval by the City. including approval by its Planning Commission, City
Council or any approval by its agents. officers. or employees with regard to this
subdivision pursuant to Section 66499.37 of the State Map Act provided the
City promptly notifies the subdivider of any claim. action or proceeding and on
the further condition that the City fully cooperates in the defense.
24. Agree to defend. indemnify and hold harmless the City, its agents,
officers and employees from any damage, expense. claim. liability or cost
(including attorney's fees) arising from, for erosion. siltation or increase flow
of drainage resulting from this project.
25. Agree to ensure that all franchised "Cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the
conduit to only those franchised cable television companies who are, and
remain in compliance. with, all of the terms and conditions of the franchise an.d
which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies
as same may have been, or may from time to time be issued by the City of
Chula Vista.
MISCELLANEOUS
26. Tie the boundary of the subdivision to the California System -Zone VI
(NAD '83).
27. Submit copies of the final map and improvement plan in a digital format
such as (DXF) graphic file prior to approval of the Final Map. Provide computer
aided Design (CAD) copy of the Final Map based on accurate coordinate
geometry calculations and submit the information in accordance with the City l¿JiJ -/5
Guidelines for Digital Submittal in duplicate on 3- is HD floppy disk prior to the
approval of the Final Map.
Resolution 18553
Page 7
Code requirements to be included as Conditions of Approval:
28. Comply with all applicable Federal, State and local laws, any and all rules
and regulations including sections of the Chula VIsta Municipal Code and the
Uniform Building Code. Preparation of the Final Map and all plans shall be in
accordance with the provisions of the Subdivision Map Act and the City of
Chula Vista Subdivision Ordinance and Subdivision Manual.
29. Fencing shall be provided on both sides of the access driveway serving
lots 5 and 6. Said fencing shall be subject to approval by the Planning
Department and shall be decorative in nature and substantial in construction to
minimize its maintenance.
30. Any fencing installed at or near the top of slope on lots 6, 8, 9 and 10
shall have a gate on each lot in order that the slopes may be accessible from
above for mai~nance of the slope planting and removal of debris. This
condition shall bif1n.corporated into the recorded Covenants, Conditions and
Restrictions (CC&R) -and shall apply to all owners including successors in
interest.
31. Landscape and irrigation construction drawings shall be reviewed and
approved by the Director of Planning. Any developer-installed landscaping shall
prescribe to xeriscape design principles whenever possible.
32. A retaining wall shall be provided along the northerly property line of
Lot 1 and the southerly lot line of Lot 15 for the purpose of eliminating the
proposed down slopes in those areas, unless an alternative grading plan is
submitted eliminating said down slopes.
33. Any retaining walls over 4 feet in height should be designed to provide
the ability to easily get to the top of the wall for maintenance of the slopes.
34. Any retaining wall shall maintain a minimum 8 foot setback from the
back of the sidewalk. This restriction shall be reflected in the CC&R's for each
affected lot.
35. The typical street planting pattern for corner lots shall be one tree street
for each street frontage.
36. Noise: The units will be required to meet the interior noise level
standards of the Uniform Building Code.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
I¿?$ - /t approvals herein granted, deny, or further condition issuance of all future building permits.
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
Resolution 18553
Page 8
said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision. or conditions are determined by a Court of
competent jurisdiction top be invalid. illegal or unenforceable. this resolution shall be deemed
to be automatically revoked and of no further force and effect without further action.
VII. NOTICE OF DETERMINATION.
City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the County Clerk.
Presented by Approved as to form by
£84 tL
Robert A. Leiter
Director of Planning
It9E-/7
Resolution 18553
Page 9
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Resolution 18553
Page 10
PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of January, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~u!b~ £Z:~
,.shirley Horton, Mayor
c"
ATTEST:
-.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista-, California, do hereby certify that
the foregoing Resolution No. 18553 was duly passed. approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 14th day of January,
1997.
Executed this 14th day of January, 1997.
~ () (2-¡¡¿ C G
Beverly Authelet. Ctty Clerk
/¿;;iJ -Ie¡
ATTACHMENT 1 %/0
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ATTACHMENT 2
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3n{ day of
.:rue.. Y , 199..2, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and DBL D FISH,
7449 Girard Avenue, La Jolla, Ca. 92037
hereinafter called "Subdivider";
!1 .l T .!'L!Ls. ..2 g T H 1..
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Chula
Vista Tract 96-06, Vista Del Mar, pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1-
2.-1
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18553, approved on the 14th day of
January, 1997 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-416 through 97-419, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $217,000.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement andlor land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2-
or structures in said subdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS
($108,500) which security shall guarantee the faithful performance
of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of ONE HUNDRED EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS
($108,500) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND DOLLARS AND NO CENTS ($2,000) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit IIC" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3-
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses - of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that city, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4-
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any. or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: DBL D FISH
~g~~
Mayor of the City of Chula
vista
jJ,( é:-..5-
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
-5-
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $108,500
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $108,500
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $2,000
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two years from the date of
Council approval of the
Subdivision Improvement
Agreement
H: \ hooe \ attorney\ ssia \ vistade 1. oar
-6-
CALIFORNIA- ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of CAJ.TFORNIA
County of SAN D IEGO
On JULY 3.1997 before me, IDREl'TAJ. HURl'ADO I IDI'ARY PUBLIC
DATE NAME. TITLE OF OFACER. E.G., 'JANE rOE. NOTARY pueue-
personally appeared DANTEr, B. IRWIN
NAME(S) OF SIGNER(S)
;IX] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/~
subscribed to the within instrument and ac-
knowledged to me that he/s~ executed
the same in his~ authorized
capacity(ies), and that by his/~
signature(s) on the instrument the person(s),
- - - ~ ~ - - ~ - ~ ~ ~f or the entity upon behalf of which the
¡:o lORffiH~~~ I person(s) acted, executed the instrument.
a: Comm. " CA1JFORNIA
NOTARY 1'U8UC' :II
~ SanIJelO~1997"
.1\. hlyecmm.£xI*es- WITNESS my hand and official seal.
~/ffi~ 9'\ ;;/Mh~
SIGNATUR~ NOTARv
OPTIONAL
Though the data below is nDt required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 iNDIVIDUAL
íQ CORPORATE OFFICER
PRESIDENr SUBIJI"!SION IMPROVF:MFN1' AGREEMENr
TITLE OR TYPE OF DOCUMENT
TITlEIS)
0 PARTNER{S) 0 LIMITED
0 GENERAL 6
0 ATIORNEY-IN.FACT NUMBER OF PAGES
0 TRUSTEE{S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENT1TY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION' 8236 RemmetAve., P.O. Box 7184' Canoga Pari<, CA 91309.7184
2--7
~,Kl+le>l-r 'It ,I
FileNo.: 5000004524
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of
California, and DEL D FISH
(hereinafter "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated ,
19..22., and identified as project VISTA DEL MAR, EY - 418 C.V.T. 96-06
, is hereby referred to and made a part hereof; and,
WHEREAS, said Principal is requITed under the tenDS of said agreement to furnish a bond
for faithful perfonnance of said agreement.
NOW TIIEREFORE, we, the Principal and FRCNI'IER PACIFIC INSURANCE
COMPANY , a corporation of the State of
CALIFORNIA , (hereinafter "Surety"), are held and fl11IÙY bound unto the City
of Chula Vista, a municipal corporation in the County of San Diego, State of California
(hereinafter "City"), and to and for the benefit of all persons who may suffer damages b~ breach
of the conditions hereof, in the penal sum of *CNE HUNDRED EIGHI' THCXJSAND rFIVE~ & NO/10
($ 108. ¡ÿ00. 00***), lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and provisions in the said Agreement and
any alteration thereof made as therein provided, on his or their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City, its officers, agents and employees, as
therein stipulated, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the tenDS of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the tenDS
of the agreement or to the work or to the specifications.
2-9
.'-\
In addition to the acts bonded for pursuant to the agreement incorporated above, the
following acts and performances are additionally subject to the terms of this agreement:
CY1\J<:;'T'RlTM'T()I\J I>.Nn TN<:;'T'I>.T T,I>.'T'T()I\J OF TMP~ AS SHOtJN CN DRAWINGS
NOS. 97-416 TO 97-419
IN WITNESS WHEREOF; this instrument has been duly executed by the Principal and
Surety above named, on .JUNE 12 , 19..TI..
~¿\.J~ 1"I1ri\1'T'TRR pI>.rTFTr TN<:;YTRI>.NrF. C1""MP1INY
/1e.E..Á. 06L ¿) r-/.ßff ~~~~
Principal Surety
(Above-signatories must be notarized)
Approved as to form:
City Attorney
H: IHOMEIENGlNEERILANDDEV\FP _BOND .SlA
2-(0
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
. - -
State of Ud'tts-v nl~
County of ~o.. V"\ Ð;~(:f>
03 ~ \ "1 q¡ before me~QL ¥:tv\~I.Q;rn'\{.JI ,
D'~~ N,me ao' TOo of Df joe, (e.g., 'J", Doe, Nota", P'blIC")
personally appeared I VlI-R.( 6. ~ w: V'\
Namel') of Sigo"I')
~nally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Is/are subscribed to the
within instrument and acknowledged to me that he/she/they
Debg~~m~Z~ 1~~~~mir~ executed the same in his/her/their authorized capacity(ies),
NOTARY PUBl.IC . CALIFORNIA G) and that by his/her/their signature(s) on the instrument the
SAN DIEGO COUNTY 0 person(s), or the entity upon behalf of which the person(s)
Comm: Exp. Jan. 1, 2001 -' acted, executed the instrument.
;;:;;: ; ~ ~
OPTIONAL S~".,",e of Note", P",,'<
Though the informaYon below is not required by law, ff may prove valueble to persons relying on the document and could prevent
freudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
D Individual D Individual
D Corporate Officer D Corporate Officer
Title(s): Title(s):
D Partner - D Limited D General D Partner - D Limited D General
D Attorney-in-Fact D Attorney-in-Fact
D Trustee D Trustee
D Guardian or Conservator . D Guardian or Conservator .
D Other: Top of th,mb he,e D Other: Top of th,mb he,e
Signer Is Representing: Signer Is Representing:
"1996 N"'on~ Note",A"""'",,, '8236 Remme","" P,O. 50. 7154' Ceooga Parl<, CA91309-7154 PmO. No. 5907 Reo""" Cell ToII.F,e, 1.800-876--6827
2-/(
E)('~(e,ïí'\'e/I
File No.: c:mnnnn4t;?4
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of
California, and DBL D FISH
(hereinafter "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated ,
19_, and identified as project VISTA DEL MAR, EY - 418
C.V.T. 96-06 , is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, Principal is required, before entering upon
the performance of the work, to [ùe a good and sufficient payment bond with the City of Chula
Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082),
Part 4, Division 3, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and FRCNrIER PACIFIC INSURANCE a:MPANY
, a corporation of the State of
C1\1.I~~ , (hereinafter "Surety"), are held and fmnly bound unto the City
of Chula Vista, a municipal corporation in the County of San Diego, State of California
(hereinafter "City"), and all contractors, subcontractors, laborers, materialmen and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of
Civil Procedure in the sum of CNE HUNDRED EIGHT THCUSAND FIVE HUNDRED ~,AND NO/lC
($ 108 , 500.00** ), lawful money of the United States, for materials furnished or labor thereon
of any ldnd, or for amounts due under the Unemployment Insurance Act with respect to such work
or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove
set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, to be awarded and fIXed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to me claims under Title 15 (commencing
with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them
or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully perfonued, then this obligation shall become null
and void, otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the tenus of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the agreement or to the work or to the specifications.
2-/~
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on JUNE 12 , 19----22.
~8V~ FRCNTIER PACIFIC INSURANCE CXMPANY
ß< F ->. 0.$ L- q /-/----""Y ~~£
Principal Surety
(Above-signatories must be notarized)
--
Approved as to form:
City Attorney
H:\HOMElENGINEERILANDDEV\M&L _BOND .SIA
L - (Y
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"- - .. -
- -- . - - -.
State of (fi\\'~r1I;;'~
County of ~V\ nl~
On ~..J,'4 I ) I ~'1 before me~~An'1/M.ÇI.e,rn /112)
Dal~ AeJ"B Nan¡'andT"oIOffice,(,.g.,'Ja",Doe,No"~Publ.'1
personally appeared I"Î. . ÞÝ ¿,..) I Y\.
N""',al 01 S'gn""1
~nally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
. ~ Ôebo~h~A;n TOff';m;ef within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
NOT'~~~~l~d ,1 ~l~ggRNIA G) and that by his/her/their signature(s) on the instrument the
SAN DIEGO COUNTY (') person(s), or the entity upon behalf of which the person(s)
Comm, Exp, Jan. 1,2001 .. acted, executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TItle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Tltle(s): Tltle{s):
0 Partner - 0 LImited 0 General 0 Partner - '] LImited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top of Ihumb he,e 0 Other: Top of thumb he'e
Signer Is Representing: Signer Is Representing:
"'996 Nallon,l Nota~ "'"",'ot'on' 8236 RammotA"., P.o. Bo, 7184' Canoga Po", CA 91309-7184 P'ed. No. 5907 Roo"'" Call TolI.F'.. 1.800-87&-6827
2. -I'c::)
~ØNT'ER PAC'I"/iC
INSURANCE COMPANY
(A Cahla,n,a Company)
4250 Executive Square, Suite 200, Lo Jollo, Coii/ornio 92037
POWER OF ATTORNEY
il\ll"l\l _'\11 :m"ll itlu i!:1!",,'jJ n""llts: ThaI FRONTIER PACIFIC INSURANCE COMPANY, a Californ,a Corporalion, having its pnncipal ollice
in La Jolla, Californ'a. pu<suant 10 the lollowong resolut,on. adopted by the Board of Directors 01 the Colpolalion on the 15th day of Novembel, 1991,
'RESOLVED, thaI the Cha"man 01 the Boald, the Presoden!. or any Vice Presidenl be. and hereby is, authonzed 10 appoint Attorneys-in.
Facllo ,"pfOsent and act lor and on behall ollhe Company to e<ecute bonds. underlak,ngs, recognizances and other contra CIS of indemnity
and wntongs obligatory in the nature thereor. and to attach thereto the corporate seal of the Company, '" Ihe transaction of ils surely
busoness.
.'RESOLVED. Ihal the s'gnatures and atteslalions 01 such ollice<s and the seal ofthe Company may be affixed 10 any such Power of Attorney
0' to any cert,f,cate relating thelelo by lacsomile. and any such Powel 01 Marney or certificale bearing such facsomile signalures or lacsimile
seal shall be valid and bond'ng upon the Company when so al"xed w,th respeclloany bond. undertakong. recognizance or other conlracl 01
,ndemnlly or wriling obligatory in the nalure there or.
'.RESOLVED. thaI any such Attorney-in.Faclde"vering a secretarial certil,cat,on thallheloregoing resolutions slill be in effect may Insert in
such certification the dale Iher""!. said date to be not laler than the date of delivery thereof by such Allorney.in.Fact."
This Power of Attorney.. signed and sealed ,n lacsimile unde, and by the aulhority 01 the above Resolution.
DOES HEREBY MAKE. CONSTITUTE AND APPOINT. KATHLEEN TERRY, KAREN ANDERSON, & PEGGY BLAISDELL
of La Jolla . on the State 01 California ,
its true and lawful Attorney(sl-in.Fact with lull power and authority hereby conlerred in its name, place and stead to sign, execute, acknowledge and
deliver in its behall. and as ils act and deed. without power 01 ledelegation, as follows.
Bonds guaranteeing the fidelity of persons holding places 01 public or private trust; guaranteeing lhe perlo,mance 01 contracts other than
insurance policies; and execulong or guaranteeong bonds and undertakings required or permitted in all aclions or proceedings or by law
allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly aulhorized officers 01
FRONTIER PACIFIC INSURANCE COMPANY, and all Ihe acts of said Attorneylsj-on-Fact pursuanllothe authority herein given are hereby
ratilied and conlirmed.
3Illll1íhll'.. 1lI1!I'n"f, FRONTIER PACIFIC INSURAg!ì,E COMPANY of Iïí'cJolla, ga"fornia. has caused this Power of Attorney to be signed bš'ts
Vice Presodenl and ,ts Corporate seal to be alloxed Ih.. 1 day 01 ovem er ,19 9 .
FRONTIER PACIFIC INSURANCE COMPANY
@ BY: ¿Ç/'~ ~~
STATE OF C!.LlFORNIA) DAVID E. CAMPBELL, Vice President
COUNTy OF SAN DIEGO)
')1 !<ove~~er_~c_w.l!!?e me, Treva Kensler. personally appeared David E. Campbell. personally known to me or proved to me on Ihe besis
01 sa",,'aLfo'y evidence 10 be the person whose name is subscribed to the withon instrument and acknowledged to me that he executed Ihe same in his
aulhOflZed capecity, and thaI by his signalure on Ihe instrument Ihe pe<sonls). or the entity upon behalf of which the personls) acted, executed the
onStrument
WITNESS my hand and ollicial seal
J ' , , 'T~~A'KENSl~~ ' , , , , 1
« Commission # 1045661 Z ~~~
Z Notary Public - Californio Z
Z San [)jego Counfy ::::
Ì", M~,comm. ~Piles NO:,26. ~~8 i Signature 01 Notary
Corporation Acknowledgemenl
" Ihe undersigned, Joseph P. Loughlon, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do heleby certilythallhe original POWER
OF ATTORNEY, 01 which the loregoing is a full, true and correct copy. is in lull lorce and effect.
IN WITNESS WHEREOF, I have hereunlo subscribed my name as Joseph P. Loughlin, Secrelary, and affixed Ihe Corporate Seal 01
the Corporation Ihis 12TH day of JUNE .19...27
@ ~::P ~:~~~f
FM 19.5002B.FF t4/96) 2.. -I 7 W."",."",'M
STATE OF CALIFORNIA}
}ss
COUNTY OF SAN DIEGO}
On JUNE 12.1997 before me, TREV A KENSLER, personally appeared, PEGGY
BLAISDELL, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal. ..--.------
TREVA KENSlER 1
CommissIon # 1045661
Notary Pubic - COIWomlo ¡¡
Son Diego Coun1y ::
My Comm. Expl19s Nov26. 1998
Signature ~_4'..-./ -~ ---- --______r
*****************************************************************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
c2.-:: ('1
lOF 3 BOND NO: SDOOO04531
File No.:
fKlf(B>rr"c. ,,/
SURVEY MONUMENT INSf ALLA nON BOND
LET IT BE KNOWN BY THESE PRESENTS , that DBL D FISH
as the subdivider (hereinafter "Principal"), and FRONTIER PACIFIC INSURANCE COMPANY
, a corporation of the State of CALIFORNIA
(hereinafter "Surety"), are held and finnly bound unto the City of Chula Vista, a municipal
corporation, in the County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the cqnditions hereof, in the
penalsumof **TWO THOUSANP AND NO/100THS**
..
dollars ($ ***2,000.00 ) lawful money of the United States, to be paid to the said City
of Chula Vista.
WHEREAS, Principal is presently engaged in subdividing certain lands to be
known as CHULA VISTA TRACT NO. 97-07, VISTA DEL MAR
subdivision in the City of Chula Vista, in accorClance with the Contract for Completion of
Improvements authorized by Council Resolution No. ; and,
:
WHEREAS, Principal desires not to install durable monuments prior to the
recordation of the fmal map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal
shall have installed durable monuments of the survey by ZOMORRODI, BAKER & ASSOCIATES
(Name of Eorio=)
in accordance with the final map of said subdivision, a copy of which is on file with the City
Engineer of the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in force and effect at the time of giving of this bond, on or before the expiration
of thirty (30) consecutive days following completion and acceptance of public improvements
within said subdivision, then the obligation shall be void, otherwise to be and remain in full
force and effect.
(SignatUres on rever.. -jde.)
2.- L{
"
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on JUNE 12. , 19..22.....
. ,
DBL D FISH FRONTTFR PACIFIC INSlffiANCF COMPANY
~~~-'- .r-- - ~~()~ /
EN'ANDERSON, ATTORNEY-IN-FACT
PIC E5. 4250 EXECUTIVE SQUARE, SUITE 200, LA JOLLA, CA
Principal Surety
(Above-signatories must be notarized.)
:
Approved as to form:
~ /n é_~ a;;¡..1;r4 .
City Attorney / ,
(pW-E-34)
2- - "2..<-
~'I"ER Fa-CliP;;>;
INSURANCE COI>PANY
(A ColifomlO Compony)
4250 Executive Square> Suite 200> La Jolla, California 92037
POWER OF ATTORNEY
jÜll"ll1 All :Him i!:~ ¡[I!e.,> lJn>">llt.: Thaf FRONTIER PACIFIC INSURANCE COMPANY, a California COlpo'"tlon, h.,ing its plincipal office
in La Jolla. Calilom,". pursuant to the following lesolution. adopted by the BDard of DilectoIS ol1he Corpo'"tion Dn fhe 15th day 01 Novembel, 1991.
..RESOLVED. fhallhe Chairman 01 fhe Board, Ihe President or any Vice Presidenf be, and hereby is, auf homed 10 appoint Attorneys-in-
Factto represent and acttol and on behall 01 the Company to .,ecute bonds. underlakings. recognizances and other contra cis of indemnity
and wlltings obligatolY in Ihe natule th.,eof, and to attach Iherelo Itle corporale seal of fhe Company, '" the transaction of its surely
business.
.'RESOLVED. thaI the SIgnatures and attestatoons of such officers and the seal olthe Company may be affixed 10 any such Pow., of Attomey
or to any certillcate relating therelo by facSImile. and any such Power of Attomey or certilicate beatIng such facSImile signatures or facsimile
seal shall be valid and binding upon the Company when so affIXed with respectto any bond. undertaking, recognizance or other contract of
Indemnity or writing obligatory in the nalure thereof.
..RESOLVED, that any such AttomeY-in-Fact delivering a secretarial certilication Ihatlheforegoing resolutions still be in effect may inserl in
such certificalion Ihe date Ihereof. said date to be not laler Ihan the date of deliyery Ihereof by such Attorney.in.Fact"
This Power of Atlomey is SIgned and sealed in lacsimile under and by the authodty of Ihe above Resolution
DOES HEREBY MAKE, CONSTITUTE AND APPOINT KATHLEEN TERRY, KAREN ANDERSON, & PEGGY BLAISDELL
01 La Jolla . In Ihe State 01 California '
its lrue and lawful AttorneYls)-in-Fact wilh lull power and authorily hereby conlened In ils name. place and stead to sign, execute, acknowledge and
deliver in its be hall. and as ils act and deed, wlthoul power of redelegation, as follows.
Bonds guaranteeing thelidelity of persons holding places of public or p"vale truSt guaranteeing the perfolmance 01 contracts other than
insurance policies: and executing or guaranteeing bonds and undertakings required or permItted in all actions or proceedings or by law
allowed: IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND 1$650,000.00) DOLLARS: and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the sameexlentas iI such bond or undertaking was signed by the duly authorized officers 01
FRONTIER PACIFIC INSURANCE COMPANY, and aillhe acts of said AttorneYls)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed
31111I1itlll>$$ lilt!,>n>,,!> FRONTIER PACIFIC INSURANCE COMPANY of La Jolla. Calilomla. has caused this Power 01 Attomeyto be signed by ils
Vice President and ils Corporate seal 10 be affIXed this 15th day of November , 19 9.5 '
FRONTIER PACIFIC INSURANCE COMPANY
«~~I;f~;~)) BY: ¿C7~ ~~
"""""":""",,,,/ DAVID E. CAMPBELL, Vice President
STATE Oi' C;.LfFORNIA)
COUNTY OF SAN DIEGO)
JO NQvem.QerJ..§.L..~e me, Treva Kensier, personally appeared David E. Campbell. peISonally known to me or proved to me on the basis
of salda' lory evidence 10 be the person whose name is subscllbed 10 the wilhln instrument and acknowledged to me lhat he executed the same in his
authollled capacily, and that by his signature on the instrument the personls), or the entity upon behalf ot which the personls) acted, executed the
Instrumenl
WITNESS my hand and official seal
f"":':""""T~~A'K~~;L;R ""'f
;;: Commission # 1045661 Z ~~
Z Notory Public - Colilomia Z
Z Son Diego Counly :::
Ì ~,y .C,o~,~. E~Pir7s. ~o: 26. 1998 ! Signature of Notary
Corporation Acknowledgement
I, the undersigned, Joseph P. Loughlin, Secretary 01 FRONTIER PACIFIC INSURANCE COMPANY, do hereby certilythatthe original POWER
OF ATTORNEY, of which the toregoing is a full, true and correct copy. is In lull force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P Loughlin, Secretary, and aflixed the Corporate Seal of
the Corporation this 12th day of June --- , I. 9..2.7
() ~p~~Js~f
2.-- ¿?:,
FM 19.5002B-FP 14/96) W.""'."96.7M
0 Acknowledgment of Principal
ŒJ Acknowledgm"nt of Surety (Attorney-in.Fact)
STATE OF CALIFORNIA }ss
County of San Diego
On ~ 12/'17 before me, TREVA KENSLER
date here insert name and title or the officer
personally appeared Karen Anderson
name!l) or ligner!l) ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sj
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument. { - - - - ~::~~;--
- @ "- ....., I
¡.: . "1°'<;'" p, ¡r-". .. C:cütomla f
, .>On lJ1egc County -
Signature My Comm. E ¡r (Sea1)
(The balance of this page is intentionally left blank.)
2- 2-'::;-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
. .
State of --ÛLlLw n ( ~
County of ~Q....-y¡ --:D l.e ~
On -:::) L.v1U.. I~, 1 q Qlbefore me,l:)gþMal A-n ñT ~.Q/)1'I :. "" -,
Oat, . Nam"'dTrtI,otOffio"t,.g.,.JaooOoo,NotaoyP'bUo,
personally appeared ~ß.L ""R. -:r:;::r¡Å)Î VI
NomeIS) ot Si900'ls)
~nally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
._~~--~~~~-'~~1 within instrument and acknowledged to me that he/she/they
,! Deborah Ann Tofflemireš: executed the same in his/her/their authorized capacity(ies),
0 CDmm. 111121508 GJ
TARY PUBLtC. CALIFORNt' 0 and that by his/her/their signature(s) on the instrument the
SAN DIEGO COUNTY person(s), or the entity upon behalf of which the person(s)
Comm, Exp. Jan, " 2001 ~ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the informaOon befow is not required by iaw, ft may prove valuabie to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner - 0 limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator . 0 Guardian or Conservator .
0 Other: Top of thumb here 0 Other: Top of thumb he'e
Signer Is Representing: Signer Is Representing:
"'996 National NotaoyA=c;atioo 0 B236 R'mmelA"., P.O, Bo<7184 0 Ca009,Pa"" CA91309.7184 2- - ~ l Prnd. No, 5907 Roo,,'" c,n ToleF", , .800-876-6827
ATTACHMENT 3
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 7, 23, 24, 25, 28)
This Supplemental Subdivision I~rovement Agreement ("Agree-
ment") is made this ..::l.... day of Jut... y , 1997, by and between THE
CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and DBL D FISH, a California corporation ("Develop-
er" or "Grantor"), with reference to the facts set forth below,
which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as vista Del Mar.
For purposes of this Agreement the term "Project" shall mean
"Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the city has approved a
Tentative Subdivision Map commonly referred to as vista Del Mar,
Tract 96-06 ("Tentative Subdivision Map") for the subdivision of
the Property.
D. The city has adopted Resolution No. 18553 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
1
subject to certain conditions as more particularly described in the
Resolution, a copy of which is attached hereto as Exhibit "B" and
incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. city is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the city shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project, Developer may have
the right to obtain a release of any of Developer's obligations
under this Agreement, provided Developer obtains the prior written
consent of the city to such release. Such assignment shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The city
shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under
this Agreement, and demonstrates, to the reasonable satisfaction of
the city, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is
being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the Burden
2
of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not,
in the opinion of the city, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condition No. 7 - Fire Hydrants. In satisfaction of
Condition No. 7 of the Resolution, Developer agrees to install,
test and operate all fire hydrants required by the Fire Chief prior
to placement of any combustible materials on site of any unit in
the Project; in conjunction therewith, developer shall provide
roadway access at such sites for fire apparatus as required by the
Fire Chief.
3. Condition No. 23 - Subdivision Map Indemnity. In
satisfaction of Condition No. 23 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the city, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the city,
including approvals by its Planning commission, City council, or
any approval by its agents, officers, or employees with regard to
this Project.
4. Condition No. 24 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 24 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the city, and its agents,
officers and employees, from any claim, action, or proceeding,
against the City, including City's attorneys' fees, or its agents,
officers or employees, related to erosion, siltation or increased
flow of drainage resulting from the Property. city agrees to
reasonably cooperate with Developer in the defense of any such
action, claim or proceeding.
5. Condition No. 25 - Cable Television Easements. In
satisfaction of Condition No. 25 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
City of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
city of Chula Vista, conditional acCess to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the city of Chula vista
the condition of such grant being that (a) such access is coordi-
nated with Developer's construction schedule so that it does not
3
delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a determina-
tion by the City of Chula Vista that they have violated the
conditions of the grant.
6. Condition No. 28 - obey All Laws. In satisfaction of
Condition No. 28 of the Resolution, the Developer agrees to comply
with and obey all applicable Federal, state and local laws,
including all City of Chula vista rules and regulations such as the
Chula Vista Municipal Code and the Uniform Building Code.
Developer further agrees to prepare the Final Map and all plans in
accord with the Subdivision Map Act and City of Chula vista
Subdivision Ordinance and Subdivision Manual.
7. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Vista Del Mar Tentative
Map, Tract 96-06 established by Resolution No. 18553 and shall
remain in compliance with and implement the terms, conditions and
provisions of the Agreement.
17. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 7, 23, 24, 25 and 28 of the Resolution.
18. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
19. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
4
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
DBL D FISH
7449 Girard Avenue
La Jolla, Ca. 92037
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation, enforce-
ment or rescission hereof, the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS SIGNATURE PAGE]
5
[SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR VISTA DEL MAR]
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA DEVELOPER: DBL D FISH
~8V~
Shirley Horton, Mayor Daniel B. Irwin, President
Attest:
Beverly Authelet, city Clerk
Approved as to form:
John M. Kaheny, City Attorney
H: \Hooe\Attorney\SSIA\ Vista.DM
6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 590'
State of CALIFORNIA
County of SAN DIEGO
On JULY 3,1997 before me, LORETI'AJ. HURrADO, N:YrARY PUBLIC
DATE NAME. TITLE OF OFFICEA. E.G.. "JANE DOE. NOTAAY PUBUC"
personally appeared DANIEL B . IRWIN
NAMEtS) OF SIGNEAIS)
¡ IXJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/HJœ
subscribed to the within instrument and ac-
knowledged to me that he/~ executed
the same in his/~ authorized
capacity(ies), and that by his/~
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
LORmA lUURTADO I person(s) acted, executed the instrument.
Comm. # 1002838
NOT~"':fo~ JI WITNESS my hand and official seal.
/tJ Ccrrvn. £JpßS Aø¡. 1'S7 .
Jzß/?/dA".J ,~ (, jf~~ .
SIGNA>UAE OF TAAY
OPTIONAL
Though the data below is not requíred by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION DF ATTACHED DDCUMENT
0 INDIVIDUAL
í@ CORPORATE OFFICER
SUPPLEMENTAL SUBDIVISION IMP. AG
PRESIDENT TITLE OR TYPE OF DOCUMENT
llMIS)
0 PARTNER(S) 0 LIMITED
0 GENERAL 6
0 ATIORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: JULY 3,1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASCNIS) OA ENTITY!IES)
SIGNER(S) OTHER THAN NAMED ABOVE
«:>1993 NATIONAL NOTARY ASSOCIATION. 8236 Remme' Ave.. P.O. Box 7184' Cano9a Pant. CA 91309.7184
3- "7
ATTACHMENT 4
THE em' OF CHUlA \1STA DIseLOstJRE STATߌNT
You :ore """,ired to file a S:.,cment of Di,o]osu," of ccr:ain oWDership or Ílo'<IIcial w¡ercsts, payments, or campaign contributions.
on all ma¡;:rs which ""jl1 require discretionary action on the pan of Ù1C Ci:y Council, ?lalll1ing COmæ.i"iOll. and 2J] other ofñcial
bodies. ïoc follo""wt info,mation must be è1Sclosed:
1. List the niL.'J)es of all persons h¡¡ving a financial inte:~s! in the properry whictl is me subject of the applica!ion or L~e Contrac:t,
e.g.. owner, appli=t, Comracror, subcontracmr, material supplier,
Oß,L r:> FI.t../-I
S'-~/P?J g I'f -../ <.
2, If any person" identified pursuant m (1) above is a corporation or pannoclllp, .!ist the namc.s of ill individwols owning more
than 10% of the sl=es in the corporation or owning any par1l1ership int....."st W the pannership.
D-4--v I/'... t.,J i -../
[;>1'{ V if> 112.. t:...J ¡...J
3. If any person" jdCltiñed pursuant to (1) above i; non-profit organization or a truSt, list the names of any person serving as
direelor of the non-profit organízarion Or as trUStee or beneficiary or trustor of the trust.
4. Have you had mOTe than $250 worth of business transacted wim any member of the City staff, Boards, Commissions.
Committees, and Council ""jlhID the past twelve momho Yes - No 2C- If yes, please indie2Ie person(s):
5. Pioase identify each ane every persOn, including any agents, employees. wnsultams, or independent Contractors who you
)¡.ave assigned m ::-..present you before the Cit)' in this matter,
.0 A r-./ I R <".1 1-....1
6. Ha"e yOU and/or ¡'OUT officers or agoots, in the aggn:gatt, contributed more !ban $1,000 to a Coundl member in !be curnnt
or preceding e!ection perioeÎ Yes - No 2[ If yes, state which Council me:nbers(s)'
Date: (Ó -11- '77 "." (KaTE: Art3ehed adë:Jges as nec~Q
~~
SignatUre of Contrattor/Applic¡m¡
?J2..E>. f) ~L D F I ..( /-1
Print or type name of COU!ractoriApp1icant
" ~ is defined a.r: "An)' individual, firm, co-partnership. joint ventUre. IJSsocia¡ion, social club, fralema.l organization,
corporation, estate, /rusr, reçeiver, :ryndicaJe, this and any other county, ciry or COUl!lry, dry trumidpality, district, or other political
subdhision, or any other group or combination acting QJ a unit.
ATTACHMENT 5
PUBLIC ItBARING PCS-"-06 - CONSIDERATION
-_U_--_U_-------u_-----------_uU_------__h_____.u_-----_u_--_u_---_u-
OF A TENTATIVE SUBDIVISION MAP KNOWN AS VISTA DEL MAR, TRACT "-06, IN ORDER TO
SUBDIVIDE 3.46 ACRES LOCATED AT THE NORTHWEST QUADRANT OF DEL MAR AVENUE AND
"C" STREET - DAN IRWIN -The applicant, Dan Irwin, has submitted an application for a tentative subdivision
map known as Vista Del Mar in order to subdivide 3 .46 acres located on the westerly side of Del Mar Avenue
between Nixon Place and Shirley Street into 15 single family detached lots in the R-
1-7 zone. Staff recommends
approval of the resolution. IDirector of Planning) 101/14/'7)
RESOLUTION 18553 APPROVING AND IMPOSING
-------------------------------------------------------------------------------
CONDITIONS ON TENTATIVE SUBDIVISION MAP VISTA DEL MAR AVENUE, TRACT '6-06
101/14/'7)
This being the time and place, the public hearing was declared open.
Dan Irwin, 744' Girard, El Cajon, CA, indicated he was the subdivider of the project and would be available
to answer any questions from Council.
Councilmember Salas stated a resident called her indicating opposition to the project because of the 15 units
proposed for this parcel. She asked staff if this was an appropriate number of units for this parceL
Bob Leiter, Director of Planning, replied the gross number of units is consistent with the City's general plan and
zoning for that area, and staff feels it is appropriate.
Councilmember Moot asked how would access be made to Nos. 5 and 6 on the blueprints.
Ken Lee, Assistant Planning Director, responded that Nos. 5 and 6 were flag lots and served by private access
coming off of the cul-de-sac, which is fairly typicaL
Councilmember Padilla requested incorporating the written communication from Ms. Harriett Acton, 265 Nixon
Place, Chula Vista, CA, dated 1/14/'7 as part of the record. Her written comments are as follow", "Ms. Acton
objects to the density of the project. In addition, she feels it will produce a negative impact on the community.
The subdivision will generate more traffic on Del Mar Avenue and diminish the overall quality of life in the area.
She does not necessarily object to the project, only its proposed density."
RESOLUTION 18553 OFFERED BY COUNCILMEMBER RINOONE, reading of the text was waived, title
read, ...aod, and approvod unanim=aly 5-0. 101/14/'7)
BDAlU> AND COMMISSION REC""""",,ATIONS
None submitted.
COUNCIL AGENDA STATEMENT
Item / /
Meeting Date.1ll.Sl21
ITEM TITLE: Public Hearing on the Resolution ofIntention to fonn Assessment District
96-01, on Twin Oaks Avenue between Naples Street and Emerson Street,
pursuant to the Improvement Act of 1911.
SUBMITTED BY: Director of Public Worksg)'
REVIEWED BY: City Manager~f~[" (4/Sths Vote: Yes_NoX)
On May 6, 1997, Council adopted Resolution No. 18657 approving the boundary map for AD96-0 1.
At the same meeting, Council also approved Resolution ofIntention No. 18658 (see Exhibit A)
ordering the installation of street improvements on Twin Oaks Avenue from Naples Street to
Emerson Street pursuant to the Improvement Act of 1911 (also known as the 1911 Block Act) and
setting the public hearings for July 15 and 22,1997. The public hearings are being held to receive
public testimony on the proposed district improvements.
RECOMMENDATION: It is recommended that the Council:
1). Hold the public hearing;
2). Receive testimony;
3). Close the public hearing;
4). Notify the public that a second public hearing will be held on July 22,1997 at 6:00 P.M.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On April 15, 1997 by Resolution # 18630, Council accepted a petition, signed by 18 of the 20
properties, for the fonnation of an assessment district (1911 Block Act) for the construction of street
improvements, such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples
Street and Emerson Street. The Act is a financing mechanism which authorizes local agencies to
impose assessments on benefitted property to finance the construction of public infrastructure
facilities. The public improvements proposed to be financed through Assessment District (AD) 96-
01 include widening the street from a paved width of24 feet to 36 feet, pedestrian ramps, curbs,
gutters, sidewalks, driveways and miscellaneous appurtenant structures. Completion of the
improvements is projected for the first quarter of 1998.
/ j-- /
Page 2, Item-
Meeting Date.1Ll5L21..
In addition, on April 15, 1997, Council also approved Resolution # 18631 appropriating $180,000
ITom the unappropriated balance of the Gas Tax fund into the Twin Oaks Avenue project account.
Staffhas estimated the total project costs at $340,000 with the construction costs at $216,000. About
$115,000 of the estimated $216,000 cost of construction is to be reimbursed ITom the property
owners upon successful fonnation of the assessment district. The construction of the missing street
improvements is included in the Capital Improvement Program (CIP) for Fiscal Year 1997/1998.
All owners of property within the proposed assessment district (see Exhibit B) were mailed notice
of the two public hearings and the estimated assessment to their properties. The boundary map of
AD96-01 was filed in the County Recorder's Office on Friday May 9th, 1997. Also, as required by
the Act, the Resolution ofIntention was published twice in the STAR NEWS newspaper on Saturday
June 28th and on Saturday July 12th, 1997, with the first publication being at least ten (10) days
prior to the Public Hearing date.
In compliance with the Act, each property owner within the proposed district was also notified to
construct the improvements fronting/abutting their property. The notice also indicated that if
construction is not commenced within sixty (60) days after the notice is given, the City shall proceed
with the construction of the improvements and the cost of said construction shall then be assessed
as a lien on the property. If the assessment is not paid upon confinnation, the City shall collect the
unpaid balance of any assessment semiannually in conjunction with the collection of City taxes. In
accordance with the Resolution ofIntention, said balance shall be paid over a period often (1O) years
at an interest rate of 7% per annum. The assessments are based on the amount ofITontage on Twin
Oaks Avenue and a portion of Naples Street. The assessments range from $4,700 to $13,066 (see
Exhibit C). As of June 18th, 1997, none of the property owners has applied for a construction permit
to install the improvements.
All property owners were invited by mail to attend a meeting on Thursday May 29, 1997 at which
details of the project were discussed. Only one of the property owners attended the meeting although
staff did receive some telephone calls ITom other property owners. Staff was able to resolve those
issues which were brought to their attention. Specifically, those issues centered on the widths and
locations of driveways. The major issues discussed at the meeting were: I) assessment district
proceedings; 2) project schedules; 3) project cost estimates and property owner's share of costs; 4)
payment schedules; 5) financing alternatives 6) project design; 7) a question & answer session; and
8) upcoming public hearings.
In order to comply with the requirements of Proposition 218, the "Right To Vote on Taxes Act",
which was passed by a majority of the state voters in a generally held election of November 5,1996,
staff had to prepare ballots. Proposition 218 requires that a ballot be mailed to all property owners
which may be subject to an increase in their property taxes. When the ballots are returned, the
majority of the votes for or against, based on financial obligation detennines whether or not this
I/'~
Page 3, Item-
Meeting Date~
district is fonned. The results of the voting ballot returns as of June 18, 1997 show the following:
16 ballots of20 returned with 14 in favor ($74,166) and 2 against ($19,834) the fonnation of an
assessment district. Based on the property owner's total financial obligation of$114,858, the ballots
returned represent 64.57% of the property owner's share of the financial obligation voting in favor.
As of June 18, 1997, the other 4 property owners had not yet responded with their ballots, but they
do have until the close of the second public hearing date of July 22, 1997 to cast their vote (see
attached ballot summary Exhibit D). Even if these final 4 property owners submit their ballots
against the fonnation of this district, their sum financial obligation will not be enough to reverse the
majority vote submitted. The property owners which have already submitted their ballots, also have
until the closure of the second public hearing date to change their vote, if desired.
Estimated Assessments
The estimated project cost is $340,000. The City will finance the construction of the improvements
estimated at $216,000 and will be reimbursed by the property owner's their share of the cost of the
improvements which are estimated at $114,858. The City will collect these funds through the
fonnation of AD96-01 and the collection of installments with their property taxes. Design,
inspection, district fonnation costs and contingencies, estimated at $124,000, will not be reimbursed
and will be absorbed by the City in accordance with Council Policy #505-01 (Exhibit E).
As mentioned above, the proposed total assessment amount is $114,858. The estimated amounts to
be assessed to each of the parcels in the district is presented in Exhibit C. In order to address the
Council's and property owner's concerns over financial hardship in meeting the payment obligations,
staff has included an attachment (Exhibit F), which describes alternative payment methods that
Council has adopted for other assessment districts. If there is a property owner which has financial
difficulties, they must have Council approval in order to utilize any of the reduced payment
alternatives (Alternatives 2 & 3).
Future Actions
The second public hearing is scheduled for July 22, 1997 at 6:00 P.M. At that time, staffwill request
Council approval of resolutions making certain findings on the district proceedings and directing the
Superintendent of Streets to proceed with the construction of the improvements. Bid results and
award of the construction contract would be submitted to Council by late August, 1997 with
construction commencing in late September or early October, 1997.
Pursuant to the 1911 Block Act, the actual fonnation of the district and confinnation of the
assessments will be brought before Council after the construction of the improvements is completed.
The construction is anticipated to be completed by late February, 1998.
//-3
Page 4, Item-
Meeting Date.1LlSL21..
All property owners within this proposed assessment district of20 parcels have been sent a copy of
tonight's City Council agenda statement and attachments.
FISCAL IMP ACT: This project was originally approved in the FY96/97 budget as CIP project
STL232 - Twin Oaks Avenue between Naples and Emerson Streets. The financing for this project
(Project total of $340,000) is being funded through Sewer Trunk funds ($115,000) and Gas Tax
funds ($225,000).
Assessment district proceedings will allow for the property owners within this district to participate
in contributing $114,800 towards the costs of the construction, preliminarily estimated at $216,000.
The estimated property owner's share will be reimbursed with 7% interest over a period of 10 years.
Exhibits: A - Resolutions # 18657 & 18658 /
B - Boundary Map
C - Estimated Assessments ~~
D - Ballot Summary
E - Council Policy # 505-01
F - Description of Payment Alternatives ~
FILE, 0725.tO.AD96.0J
lun24, 1997;3,04pm
H:\HOMElENGINEERIAGENDA 1AD96 tPH1.FXR
/1-1
EXHIBIT -A-. -%//
RESOLUTION NO. 18657
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE BOUNDARY MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 96-01
OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS
WHEREAS, on April 15, 1997 by Resolution 18630, Council accepted a petition for
the formation of an assessment district (1911 Block Act) for the construction of street
improvements, such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between
Naples Street and Emerson Street; and
WHEREAS, the City Environmental Review Coordinator studied the potential
environmental impacts associated with the implementation of the project and has determined
this project is categorically exempt from the requirement for an Environmental Impact Report;
and
WHEREAS, the City Council of the City of Chula Vista, California, has been presented
and has received a map showing the general nature, location and extent of the proposed
improvement work, and also designating and describing the boundaries of the area proposed
to be assessed in the assessment district under the provisions and authority of the
"Improvement Act of 1911", of the Streets and Highway Code of the State of California; said
assessment district designated as Assessment District 96-01 (hereinafter referred to as the
Assessment District).
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the map of the Assessment District showing the general nature.
location and extent of the proposed public improvements and also showing the boundaries of
the proposed Assessment District and lands and property to be assessed to pay the costs and
expenses of the proposed improvements designated as "PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 96-01 1911 ACT IMPROVEMENT DISTRICT" is hereby submitted.
and the same is hereby approved-and adopted.
SECTION 3. That the original map of proposed boundaries of the proposed
Assessment District and one copy thereof is to be filed in the office of the City Engineer.
SECTION 4. A Certificate shall be endorsed on the original and on at least one copy
of the map of the Assessment District; evidencing the date and adoption of this Resolution.
and within fifteen (15) days after the adoption of the Resolution fixing the dates, times, and
place of hearings on the formation or extent said Assessment District, a copy of said map
shall be filed with the correct endorsements thereon with the County Recorder, all in the
manner and form provided for in Section 3111 of the Streets and Highways Code of the State
of California.
Presented by Approved as to form by
~!¿~
~n P. Lippitt ~
. b~c Works Director
. A-I
Resolution 18657
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of May, 1997, 'by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
,M1Æ/f; j~~
Shi y Horton, Mayor
ATTEST:
~ 0. r1,nZß-J- -,
Beverly, Authelet, City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18657 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 6th day of May,
1997.
Executed this 6th day of May, 1997.
A -z
-"
.
EXHIBIT A
RESOLUTION NO. 18658
RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA
VISTA ORDERING INSTAllATION OF IMPROVEMENTS ON
TWIN OAKS AVENUE BETWEEN NAPLES STREET AND
EMERSON STREET, ORDERING THE SUPERINTENDENT OF
STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND
SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION
TO FORM ASSESSMENT DISTRICT 96-01 PURSUANT TO THE
BLOCK ACT OF 1911
WHEREAS, the City Council of the CITY OF CHUlA VISTA, CALIFORNIA, is desirous
to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", of the Streets and Highways Code of the State of California for construction of
certain authorized improvements in an assessment district known and designated as
Assessment District 96;011911 BLOCK ACT affecting properties fronting/abutting on Twin
Oaks Avenue between Naples Street and Emerson Street (hereinafter known and designated
as the "Assessment District") and
WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the
legislative body, upon its own motion, to order the installation of authorized improvements
in front of or abutting properties with the costs thereon to be assessed as set forth under the
provision of said Chapter 27.
WHEREAS, Section 5131 requires a Resolution of Intention to form an assessment
district to perform such work and Section _5132 requires public hearings to hear objections by
those affected by the district formation
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the public interest and convenience requires, and this legislative
body hereby orders the construction and installation of certain street improvements such as
curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and
Emerson Street in what is known as the Assessment District.
SECTION 3. All of the above mentioned works of improvement shall be generally
constructed at the grades, along the lines, between the points, and at the places and in the
manner as shown on the plans for said work designated by the number and the name of the
Assessment District, which said plans are hereby approved and adopted. For all particulars
as to the alignment of the works and a full and detailed description, reference is hereby made
to said plans and specifications as on file in the Office of the City Engineer.
SECTION 4. That the works of improvements, in the opinion of this legislative body,
will benefit the abutting and fronting properties within said block, and this legislative body
hereby makes the expenses of said improvement chargeable upon the property or properties
within the boundaries of the Assessment District, which District is declared to be the area and
abutting properties benefitting by the work and improvements for a general description of the
- AssQssment District and area of benefit, reference is made to a map of said district previously
A ---3
.
Resolution 18658
Page 2
approved and said map identified by number of this Assessment District. and said map shall
be kept on file with the transcript of these proceedings and open to public inspection.
SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter
27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the
owners of the lots or portions of lots fronting/abutting on Twin Oaks Avenue between Naples
Street and Emerson where this legislative body, pursuant to said Section, by its own motion,
orders the installation of the improvements, and the property owners shall have the duty and
responsibility of constructing or causing the construction of said improvements
fronting\abutting their properties to commence within sixty (60) days upon notice so to do by
the Superintendent of Streets. If the work is not commenced by the property owners within
said period. the Superintende~t of Streets shall proceed to cause said work to be completed.
SECTION 6. That all of the work and improvements herein proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement
Act of 1911", of the Streets and Highways Code of the State of California. For all particulars,
reference is made to said" Act", and the provisions contained therein.
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22TH
OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE
CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 -.
FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS
TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN
SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT
IN ACCORDANCE WITH THIS RESOLUTION.
SECTION 8. If the work is done by the City, and if the assessment cost is not paid
upon confirmation of the assessment, the City shall collect payment of the assessments,
annual installments. and interest in accordance with the provisions of Section 5895 of
Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the
State of California. The number of annual installments shall be 1 0 and the interest rate shall
be 7 percent per annum.
SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or
person in possession of the properties frOnting/abutting that portion of the street in the block
where work is to be constructed and directing them to construct or cause to be constructed
the improvements within sixty (60) days after notice is given, and to diligently and without
interruption prosecute to completion said work.
A. Notice shall be given by mailing a letter, postage prepaid, to the property
owners at their last known address as the same appears on the last equalized
assessment roll used by the City for tax collection, or to the name and address
of the person owning such property as shown on the records of the City Clerk.
B. The City Clerk shall cause a copy of the proposed boundary map to be filed in
the Office of the County Recorder within fifteen (15) days after the adoption
of this Resolution setting dates. time and place for the public hearings.
A-L{-
.-
,
Resolution 18658
Page 3
C. The City Clerk shall cause the Resolution of Intention to be published twice,
with the first publication occurring at least ten (10) days prior to the second
public hearing.
SECTION 10. The estimated cost to the City of the works of improvement as
proposed under these proceedings, is estimated to be $340,000.00.
SECTION 11. For any and all information relative to these proceedings, including the
information relating to the protest procedure, your attention is directed to the person
designated below:
Frank Rivera, Civil Engineer
City of Chula Vista
P.O.Box 1087
Chula Vista, CA 91910
Telephone: (619) 691-5266
Presented by Approved as to form by
þL Ij~
Jøhn P. Lippitt
Public Works Director
-
A-s-
--
,
Resolution 18658
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of May, 1997" by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Þuw. I~
Shirt Horton, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
-
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18658 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 6th day of May,
1997.
Executed this 6th day of May, 1997.
A-fp
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EXHIBIT C
BALLOT SUMMARY
TWIN OAKS AVENUE
ASSESSMENT DISTRICT NO. 96-01
Assmt Initial Cost Cumulative Cumulative
No. Name Estimate Yes or No Dollar Amt Percent
1 Yepiz $6,768.00 ---
2 Truman $4,700.00 on
3 Zepeda $4,700.00 Yes $4,700.00 4.09%
4 Simer $4,700.00 Yes $9,400.00 8.18%
5 Willard $4,700.00 Yes $14,100.00 12.27%
6 Cook $4 700.00 Yes $18,800.00 16.37%
7 Perez $4,700.00 Yes $23 500.00 20.46%
8 Barbaro $4,700.00 Yes $28 200.00 24.55%
9 Rasco $4 700.00 Yes $32 900.00 28.64%
10 Hatlev $13,066.00 No
11 Gaps $8,366.00 Yes $41,266.00 35.92%
12 Ouinlan $4,700.00 Yes $45 966.00 40.02%
13 Marquez $7,050.00 Yes $53,016.00 46.15%
14 Brown $7,050.00 Yes $60066.00 52.29%
15 Delphenich $4,700.00 Yes $64,766.00 56.38%
16 Delnhenich $4,700.00 Yes $69,466.00
17 Robles $4,700.00 ---
18 Montova $4,700.00 Yes $74,166.00 64.57%
19 Bishpn $4,700.00 ---
20 Revnante $6,768.00 No
Total $114,868.00
. Meets minimum 60% requirement of property owners in favor of forming assessment district.
.-- Unknown, no ballot received from property owner as of 6/18/97.
h:lhomelengineerllenddevlad961 bal. wq 1
c-/
C-L
BALLOT SUMMARY EXHIBIT "D"
ASSESSORS
ASSESSMENT BALLOT STREET PARCEL
NUMBER * ADDRESS NUMBER
CD UNKNOWN 1150 1WIN OAKS AVENUE 619-122-16
Q) UNKNOWN 1140 lWlN OAKS AVENUE 619-122-17
Q) YES 1138 1WIN OAKS AVENUE 619-122-18
G) YES 1136 1WIN OAKS AVENUE 619-122-19
~ YES 1134 1WIN OAKS AVENUE 619-122-20
@ YES 1130 1WIN OAKS AVENUE 619-122-21
ø YES 1120 1WIN OAKS AVENUE 619-122-22
@ YES 1116 lWlN OAKS AVENUE 619-122-23
@ YES 1112 1WIN OAKS AVENUE 619-122-24
@ NO 235 NAPLES STREET 619-122-28
(jJ) YES 1101 1WIN OAKS AVENUE 619-131-01
@ YES 1109 1WIN OAKS AVENUE 619-131-02
@ YES 1115 lWlN OAKS AVENUE 619-131-03
@ YES 1127 lWlN OAKS AVENUE 619-131-05
@ YES 1131 lWlN OAKS AVENUE 619-131-06
@ YES 1133 lWlN OAKS AVENUE 619-131-07
@ UNKNOWN 1135 lWlN OAKS AVENUE 619-131-08
@ YES 1137 lWlN OAKS AVENUE 619-131-09
@) UNKNOWN 1143 lWlN OAKS AVENUE 619-131-10
@ NO 230 EMERSON STREET 619-131-11
Q-I
* AS OF 6/18/97
COUPUTER FILE: C:\RIJ\COU\SUPPOR1\S1l229\ASSllTDS1.DWG
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;. £xH 'BIT E:
.. I COUNCIL POLlCY Ii
I.. CITY OF CHUlA VISTA
/.
i SUBJECT: PARTICIPATION BY TI-ΠCIIT OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DA1E PAGE
,/ PROCEEDINGS
r 505-01 08-30-83 I OF 6
ADOPTED BY: Reso]ution No. 11373 I DA1ED: 08-30-83
BACKGROUND
There are propenies within the City limits that do not have full street improvements. In the past, Council has
directed the owners of critical unimproved parcels to install their missing public improvements. The 1911
Block Act Proceedings were uri1Í2ed in most instances. As an encouragement for property owner panicipation,
the City has contributed. funds for the completion of cerrain items of work (i.e., grading, påvement
installation, erc.). Also, the City consistently has contributed engineering inspecrion and administrarive
services at no charge to the property owner(s). However, there is no Council adopted policy regarding City
paniciparion in 1911 Block Act improvement construction proceedings.
This policy is designed to encourage the instal1arion of missing improvements along developed residential lots.
It specificalJy sets City paniciparion goals for the improvement of comer, non-comer, and double frontage
residentiallors. The policy reaffirms City Council intent ro require the insrallarion of public improvements
adjacent ro undeveloped property (residenrial, commercial, and industrial) through the formation of 1911 Acr
Assessmenr Districts or through the subdivision and building permit approval procedures.
..-, This policy shall only apply to areas incorporated on or before this policy's effective dare.
PURPOSE
To establish a policy for participation by the City in the construction of public improvements via the 1911
Block Act Proceedings (Chaprer 27, Street and Highways Code of the Stare of California).
POLICY
The City Council establishes the fol1owing policy for City participation in 1911 Block Act Program
proceedings:
,
1. General Participation
a. The City, at no cost to the property owner(s) shal1 provide all engineering, inspection and
administrative services necessary to insral1 missing improvements via the 1911 Block Act Program
proceedings.
b. lr shal1 be the City's responsibility to relocate al1 existing public improvements found ro be in
co;Ú]icr with the proposed street improvement constrUction. Such improvements shal1 include, but
nor be limired to: street lights, traffic signal standards, drainage structures, fire hydrants, etc.
c. Engineering staff shal1 meet individual1y with each property owner prior ro the program's public
hea..-mg to hand deliver initial correspondence and to explain the plans, proceedings and this policy.
Final engineering plans and project specifications shall reflect as clnse as practicable, the property
owner(s) concerns provided they reflect standard engineering practice.
E- I
I¡
L. COUNCIL POLICY
CITY OF CHlJUI. VISTA ----.
- SUBJECT: PARTICIPATION BY TrE CITY OF CHULA POLICY EFFECTIVE
I VISTA IN 1911 BLOCK ACT PRGRA\1 NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 2 OF 6
ADOPTED BY: . Resolution No. 11373 I DATED: 08-30-83
d. Prior to the end of each fiscal year, the City Engineer shall submit to the City Council for approval
under this program, a recommended Jist of projects for scheduling in the ensuing fiscal year.
Funding for the program shall be detennined annually and shown in the Capital Improvement
Program.
e. City pankipation in this program shall be limited to developed parcels that cannot be split into lots
or building sites.
2. Developed Residential Lots
a. Non-Corner Lots
It shall be the City's responsibility to overlay or reconsU1Jct the roadway !Tavelway adjacent to
non-corner Jots when the !Têvelway is already improved and needs an overlay or reconsU1Jction to
accommodate drainage or traffic safety requirements.
The City's responsibiHry described above is shown on Figure 1 (aü.ached). ..--.
b. Corner Lots
For the purpnses of this policy, the corner lot front lot line shall be defmed to be the shorter of the
tWo adjacent S!Teet lot lines. In this Cêse of a non.rectangular corner lot, the front lot line shall be
the average width of the lot. (See Figure 2).
It shall be the City's responsibility to:
(1) Install curb, guner, sidewêlk and pavement (if non-existent) adjacent to 1/2 the corner lot's side
scree! frontêge.
(2) Overlay or reconSU1Jct the side and frontage s!Teet's !Tavelway when needed to accommodate
drainage or traffic safety requirements.
(3) In the event that there are improvements already existing along the comer lot's side property
frontage ë.1ready existing, these improvements shall be credited to the City if they need not be
removed to accommodate the improvements to be installed.
The City's responsibility described above is depicted on Figure 3 (aü.ached).
3. DuaJ Frontage Lors
It shall be the City's responsibility to:
E-'¿
I
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
I' VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 3 OF6
ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83
a. Install curb, gutter, sidewalk, and pavement (if non-existent) adjacent to the entire lor's rear street
Irontage.
b. Overlay or reconstruct the lor's rear street rravelway when needed to accommodate drainage or
traffic safety purposes. .
For purposes of this policy, dual frontage lots shall be a lot having frontage on tWo parallel or
approximately parallel streets, one of which is an 'alley'. I
4. Developed Industrial/Commercial Lots
The City contribution towards the construction of improvements adjacent to developed
industrial/commercial lots shall be limited to:
a. Tne overlay or reconstruction of existing roadway rravelway areas when found to be required for
drainage or trafñc safety purposes.
.-
5. Undeveloped Residential. Industrial and Commercial Lots
This policy shall reaffinn the City Council's intent to require the instal]arion of missing improvements
adjacent to undeveloped lots (both comer and non-comer with and without double street frontages)
through:
a. 1911 Act Assessment District procedures.
b. subdivision requirements, and
c. building penn it approval requirements.
There shall be no City contribution towards the construction of improvements adjacent to undeveloped
residential, industrial and commercial lots. In the event that an owner petitions the City for inclusion of
hislher undeveloped parcel in a 1911 Block Act Program, all expenses shall be borne by said owner.
6. Applicabilirv
This policy shall be applicab[" to areas within the Chula Vista City limits on or before its effective date.
")
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/1 COUNCil.. POLICY
CITY OF CHULA VISTA -
I
SUBJEcr: PAR110PA110N BY THE CITI OF CHUIA POLICY EFFEcrrvE
I VlSTAIN1911BLOCKAcTPROGRAIv1 NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 4 OF 6
ADOPTED BY: Resolution No, 11373 DATED: 08-30-83
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...--:~.. CITY OF CHUl.A V1ST A
'J SUBJECf: PARTICIPATION BY TrΠCln' OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 5 OF 6
I ADOP1ED BY: ResoJution No. 11373 DATED: 08-30-83
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PARTIOPATION BY THE CITY OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 6 OF 6
ADOP1ED BY: Resolution No. 11373 DA1ED: 08-30-83
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COUNCIL AGENDA STATEMENT
Item / ~
Meeting Date.1LlSL21
ITEM TITLE: Public Hearing on the Resolution of Intention to fonn Assessment District
97-01, on Oxford Street between Fourth Avenue and Fifth Avenue, pursuant
to the Improvement Act of 1911.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: C' M r41(/., (4/5ths Vote: Yes_NoX)
lty anaget~)(o On May 13, 1997, Council adopted Resolution No. 18663 approving the boundary map for AD97-
01. At the same meeting, Council also approved Resolution ofIntention No. 18664 (see Exhibit A)
ordering the installation of street improvements on Oxford Street from Fourth Avenue to Fifth
Avenue pursuant to the Improvement Act of 1911 (also known as the 1911 Block Act) and setting
the public hearings for July 15 and 22, 1997. The public hearings are being held to receive public
testimony on the proposed district improvements.
RECOMMENDATION: It is recommended that the Council:
1). Hold the public hearing;
2). Receive testimony;
3). Close the public hearing;
4). Notify the public that a second public hearing will be held on July 22,1997 at 6:00 P.M.
BOARDS/COMMISSIONS RECOMMENDATION: Not applièable.
DISCUSSION:
On April 22, 1997 by Resolution # 18645, Council accepted a petition, for the fonnation of an
assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter
sidewalk and pavement on Oxford Street between Fourth Avenue and Fifth Avenue. The Act is a
fmancing mechanism which authorizes local agencies to impose assessments on benefitted property
to finance the construction of public infrastructure facilities. The public improvements proposed to
be constructed include widening the existing street to Class II Collector standards of 40 feet with
widening to 52 feet near the intersections of Fourth Avenue and Fifth Avenue, pedestrian ramps,
curbs, gutters, sidewalks, driveways, traffic signal modifications, roadway striping and
miscellaneous appurtenant structures. Completion of the improvements is projected for the end of
the first quarter of 1998. Assessment District 97-01 will pay for a portion of the sidewalk costs.
Staff has estimated the total project costs at $496,858 with the construction costs at $361,858.
Approximately $31,858 of the estimated $361,858 cost of construction is to be reimbursed from the
property owners upon successful fonnation of the assessment district. This project is part of the
overall sidewalk safety program, which provides for the construction of missing sidewalk facilities.
/2-<t/
Page 2, Item-
Meeting Date.1l1.5L21..
As originally budgeted in the FY96/97 Capital Improvement Program (CIP # 0735-1O-STL-229),
the City proposed to build asphalt concrete sidewalks on the north side of Oxford Street only. Funds
for this project were obtained from the Transportation Development Act (TDA) through the San
Diego Association of Governments (SANDAG). However, since TDA funds will pay only for the
sidewalk and not related items such as curb and gutter, additional City gas tax funding was required
and included. The construction of the missing street improvements is included in the Capital
Improvement Program (CIP) for Fiscal Year 1997/1998.
All owners of property within the proposed assessment district (see Exhibit B) were mailed notice
of the two public hearings and the estimated assessment to their properties. The boundary map of
AD97-01 was filed in the County Recorder's Office on Tuesday May 13th, 1997. Also, as required
by the Act, the Resolution of Intention was published twice in the STAR NEWS newspaper on
Saturday June 28th and on Saturday July 12, 1997, with the first publication being at least ten (10)
days prior to the Public Hearing date.
In compliance with the Act, each property owner within the proposed district was also notified to
construct the improvements fronting/abutting their property. The notice also indicated that if
construction is not commenced within sixty (60) days after the notice is given, the City shall proceed
with the construction of the improvements and the cost of said construction shall then be assessed
as a lien on the property. As of June 16th, 1997, none of the property owners has applied for a
construction permit to install the improvements. If the assessment is not paid upon confirmation,
the City shall collect the unpaid balance of any assessment semiannually in conjunction with the
collection of City taxes. In accordance with the Resolution of Intention, said balance shall be paid
over a period of ten (10) years at an interest rate of 7% per annum. The assessments are based on
the amount offrontage on Oxford Street. The assessments range from $372 to $2,793, with 18 of
the 30 assessments at less than $1,000 (see Exhibit C). There are an additional four properties which
have frontage on Oxford Street, but were not included as part of this assessment district since the
street improvements have already been constructed along their frontage (see Exhibit B). Three of
these property owners had submitted a ballot in favor of forming the district while the other property
never returned their ballot. The 3 ballots with zero assessment amount were not considered in the
majority requirement, since they have no financial obligation.
All property owners were invited by mail to attend a meeting on Thursday, January 30, 1997 at
which details of the proposed project were discussed. Thirteen of the 34 property owners attended
this meeting. The major issues discussed were: I) description of the budgeted project and options
for expansion of the project to include construction of improvements on both sides of the street
through use of assessment district proceedings; 2) project schedules; 3) project cost estimates and
property owner's share of costs; 4) payment schedules; 5) financing alternatives; 6) project design;
and 7) a question & answer session. At this meeting, staff discussed the TDA project to construct
pedestrian facilities on the north side of the street and presented the idea of expanding the project
to include the installation of concrete sidewalks on both sides of the street. The reason for this was
)..2 -:2-
Page 3, Item-
Meeting Date.1LlSL21...
that due to the grading required for the work along the north side, the south side would also require
grading to accommodate the proposed ultimate street centerline grade. The project extension to the
south side could be accomplished provided the property owners would participate in the formation
of a special assessment district, whereby the difference in cost from asphalt to concrete sidewalks
would be paid by all area property owners on both sides of the street. Subsequent to the meeting,
staff was also able to resolve those issues which were brought to their attention. Specifically, those
issues centered on the methods of payment, project schedule and limits of work.
In order to comply with the requirements of Proposition 218, the "Right To Vote on Taxes Act",
which was passed by a majority of the state voters in a generally held election of November 5,1996,
staff had to prepare ballots. Proposition 218 requires that a ballot be mailed to all property owners
which may be subject to an increase in their property taxes. When the ballots are returned, the
majority of the votes for or against, based on financial obligation, determines whether or not this
district is formed. The results of the voting ballot returns as of June 18, 1997 show the following:
31 ballots of 34 returned with 29 ballots in favor ($28,201) and 2 ballots against ($2,124) the
formation of an assessment district. Based on the property owner's total financial obligation of
$31,858, the ballots returned in favor represent 88.52% of the property owner's financial obligation.
As of June 18, 1997, the other 3 property owners had not yet responded with their ballots, but they
do have until the close of the second public hearing date of July 22, 1997 to cast their vote (see
attached ballot summary Exhibit D). Even if these 3 property owners submit their ballots against
the formation of this district, their sum financial obligation will not be enough to reverse the majority
vote submitted. The property owners which have already submitted their ballots, also have until the
closure of the second public hearing to change their vote, if desired.
Of the 34 properties with frontage on the 400 block of Oxford Street, four (4) of the properties do
not have any assessment estimate, since along the frontage of their property all of the street
improvements such as curb, gutter, sidewalk and ultimate pavement width are in place. Staff
therefore excluded these properties from the district ("Not A Part"), as shown on the boundary map
(see Exhibit B), and based on financial obligation, their ballot does not impact the formation of the
district.
Estimated Assessments
The estimated project cost is $496,858. The City will finance the construction of the improvements
estimated at $361,858 and will be reimbursed by the property owner's their share of the cost of the
improvements which are estimated at $31,858. The City will collect these funds through the
formation of AD97-01 and the collection of installments with their property taxes. In addition,
design, inspection, district formation costs and contingencies estimated at $135,000, will not be
reimbursed and will be absorbed by the City in accordance with Council Policy #505-01 (Exhibit
E).
/..2..-3
Page 4, Item-
Meeting Date.1L1.5l21...
As mentioned above, the proposed total assessment amount is $31,858. The estimated amounts to
be assessed to each of the parcels in the district is presented in Exhibit C. In order to address the
Council's and property owner's concerns over financial hardship in meeting the payment obligations,
staff has included an attachment (Exhibit F), which describes alternative payment methods that
Council has adopted for other assessment districts. If there is a property owner which has financial
difficulties, they must have Council approval in order to utilize any of the reduced payment
alternatives (Alternatives 2 & 3).
Future Actions
The second public hearing is scheduled for July 22, 1997 at 6:00 P.M. At that time, staffwill request
Council approval of resolutions making certain findings on the district proceedings and directing the
Superintendent of Streets to proceed with the construction of the improvements. Bid results and
award of the construction contract will be submitted to Council this September.
Pursuant to the 1911 Block Act, the actual formation of the district and conflI1Ilation of the
assessments will be brought before Council after the improvements is completed. The construction
is anticipated to be completed by late March, 1998.
All property owners within this proposed assessment district of 30 parcels have been sent a copy of
tonight's City Council agenda statement and attachments.
FISCAL IMPACT: This project was originally approved in the FY96/97 budget as CIP project
STL229 - Oxford Avenue Sidewalk Safety between Fourth Avenue and Fifth Avenue. The financing
for this project (Project total of $500,000) is being funded through Transportation Development
(IDA) funds ($141,500) and Gas Tax funds ($358,500). Assessment district proceedings will allow
for the property owners within this district to participate in contributing $31,858 towards the costs
of the construction, preliminarily estimated at $361,858. The estimated property owner's share will
be reimbursed with 7% interest over a period of 10 years.
Exhibits: A - Resolutions # 18663 & 18664 ~
B - Boundary Map .¡;
C - Estimated Assessments
D - Ballot Summary <5J
E - Council Policy # 505-01 ~
F - Description of Payment Alt~ives
FILR 0725.tO.AJ)97-01 July 8, 1997 (4:47pm)
H: IHOME\ENGINEERIAGENDA \AD971 PH t .FXR
/ ;¿ -(
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EXHIBIT ~
RESOLUTION NO. 18663
RESOLUTION OF THE CITY COUNCIL OF THE CITY ÒF CHULA
VISTA APPROVING THE BOUNDARY MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 97-01
OF"c'PROPERTIES TOt""BE""' ASSESSED" FOR".' STREET
i IMPROVEMENTS ON THE 400 BLOCK OF OXFORD STREET
WHEREAS, on April 22, 1997 by Resolution 18645, Coun.c:ilaccepted a petition for
the formation of an assessment district (1911 Block Act) for the construction of street
improvements, such as curb, gutter, sidewalk and pavement on Oxford Street between Fourth
Avenue and Fifth Avenue; and
WHEREAS, the, City Environmental Review Coordinator studies the potential
environmentaf impacts associated with the implementation of the project and has determined
this project is càteg'ori¿allŸ exempt from the requirement for an Environmental Impact Report;
and
WHEREAS, the City Council of the City of Chula Vista. California. has been presented
and has received a map showing the general nature. location. and extent of the proposed
improvement work, and also designating and describing the boundaries of the area proposed
to be assessed in the assessment district under the provisions and authority of the
"Improvement Act of 1911", of the Streets and Highway Code of the State of California; said
assessment district designated as Assessment District 97-01 (hereinafter referred to as the
Assessment District).
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the map of the Assessment District showing the general nature.
location, and extent of the proposed public improvements and also showing the boundaries
of the proposed Assessment District and lar:1ds and property. to be .assessed to pay the costs
and. éxpenses of the. proposed improvementsc esignated' as "PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 97-01 1911 ACT.lMPROVEMENT DISTRICT" is hereby submitted,
and the same is hereby approved and adopted.
SECTION 3. That the original map of proposed boundaries of the proposed
Assessment District and one copy thereof is to be filed in the office of the City Engineer.
SECTION 4. . A Certificate shall be endorsed on the original and on at least one copy
of the map of the Assessment District, evidencing the date and adoption of this Resolution.
and within fifteån'!15) days after the adoption of the Resolution fixing the dates. times. and
place of hearings on the formation or extent said Assessment District, a copy of said map
shall be filed with the correct endorsements thereon with the County recorder. all in the
manner and form provided for in Section 3111 of the Streets and Highways Code of the State
of California.
Presented by Approved as to form by
~!~ ~~
Jo~n P. Lippitt
Public Works Director A.(
Resolution 18663
Page 2
~
PASSED, APPROVED, and ADOPTED by the City: Council of the City of Chula Vista,
California, this.:~.~thday of May, 1997,:byt~hefollo\l\fing vote.:_.=.. .
:'..'::':;;".,',':. "~:.LÇ :.,:c.':'","',::""";:>."':,,,.,
A YES::"; ;:" Councilmemb,ers:=.¿ "Moot', Padi!!a, Ril)qo[1eè.a~d Horton
~:;:ç'- ,. ,._,.
NAYES: Councilmembers: 'N'¿,ñè
ABSENT: . Councilmembers:, Salas
ABSTAIN: ,'Councilmembers: None
'~
ATTEST: .. ,
î
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 55.
CITY,OF CHULA VISTA. )
:--,c- "... , ,'. . ..,.- : ,', . ,< .. ,. ,.. ..
I. BeverJy A.. Authelet, City Clerk of the City of Chula Vista,"California.,do hereby certify that
the foregoing Resolution. No. 18663 was duly' pãssed, approved, and adopted by the City
Council at a regular'meeting 'of the Chula Vista City CõtJncH neldCln the 13th day of May,
1997. . ,. : .'. . .. .
Ex~cuted this 13th dayof May, .1997.
, . ()~
.. uthelet, City Clerk ..
: "..;: ,..'..,.',. . .'.
¡{-è
A e."
EXHIBIT
RESOLUTION NO. 18664
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON
OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH
AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO
GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING
PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM
ASSESSMENT DISTRICT 97-01 PURSUANTTOTHE BLOCK ACT
OF1911
WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous
to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", of the Streets and Highways Code of the State of California for construction of
certain authorized improvements in an assessment district known and designated as
Assessment District 97-01 1911 BLOCK ACT affecting properties fronting/abutting on Oxford
Street between Fourth and Fifth Avenue (hereinafter known and designated as the
"Assessment District") and
WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the
legislative body, upon its own motion, to order the installation of authorized improvements
in front of or abutting properties with the costs thereon to be assessed as set forth under the
provision of said Chapter 27.
WHEREAS, Section 5131 requires a resolution of intention to form an assessment
district to perform such work and Section 5132 requires public hearings to hear objections by
those affected by the district formation.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the public interest and convenience requires, and this legislative
body hereby orders the construction and installation of certain street improvements such as
curb, gutter, sidewalk and pavement on Oxford Street between Fourth and Fifth Avenue and
Emerson Street in what is. known as the Assessment District.
SECTION 3. All of the above mentioned works of improvement shall be generally
constructed at the grades, along the lines, between the points, and at the places and in the
manner as shown on the plans for said work designated by the number and the name of the
Assessment District, which said plans are hereby approved and adopted. For all particulars
as to the alignment of the works and a full and detailed description, reference is hereby made
to said plans and specifications as on file in the Office of the City Engineer.
SECTION 4. That the works of improvements, in the opinion of this legislative body,
will benefit the abutting and fronting properties within said block, and this legislative body
hereby makes the expenses of said improvement chargeable upon the property or properties
within the boundaries of the Assessment District, which District is declared to be the area and
abutting properties benefitting by the work and improvements for a general description of the
Assessment District and area of benefit, reference is made to a map of said district previously
A-~
Resolution 18664
Page 2
approved and said map identified by number of this Assessment District, and said map shall
be kept on file with the transcript of these proceedings and open to public inspection.
SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter
27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the
owners of the lots or portions of lots fronting/abutting on Oxford Street between Fourth and
Fifth Avenue where this legislative body, pursuant to said Section, by its own motion, orders
the installation of the improvements, and the property owners shall have the duty and
responsibility of constructing or causing the construction of said improvements
fronting\abutting their properties to commence within sixty (60) days upon notice so to do by
the Superintendent of Streets. If the work is not commenced by the property owners within
said period, the Superintendent of Streets shall proceed to cause said work to be completed.
SECTION 6. That all of the work and improvements herein proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement
Act of 1911", of the Streets and Highways Code ofthe State of California. For all particulars,
reference is made to said "Act", and the provisions contained therein.
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22ND
OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE
CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276
FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS
TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN
SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT
IN ACCORDANCE WITH THIS RESOLUTION.
SECTION 8. If the work is done by the City, and if the assessment cost is not paid
upon confirmation of the assessment, the City shall collect payment of the assessments,
annual installments, and interest in accordance with the provisions of Section 5895 of
Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the
State of California. The number of annual installments shall be 10 and the interest rate shall
"be 7 percent per annum.
SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or
person in possession of the propertie~ fronting/abutting that portion of the street in the block
where work is to be constructed and directing them to construct or cause to be constructed
the improvements within sixty (60) days after notice is given, and to diligently and without
interruption prosecute to completion said work.
A. Notice shall be given by mailing a letter, postage prepaid, to the property
owners at their last known address as the same appears on the last equalized
assessment roll used by the City for tax collection, or to the name and address
of the person owning such property as shown on the records of the City Clerk.
B. The City Clerk shall cause a copy of the proposed boundary map to be filed in
the Office of the County Recorder within fifteen (15) days after the adoption
of this Resolution setting dates, time and place for the public hearings.
A - </
Resolution 18664
Page 3
C. The City Clerk shall cause the Resolution of Intention to be published twice,
with the first publication occurring at least ten (10) days prior to the second
public heàring.
SECTION 10. The estimated cost to the City of the works of improvement as
proposed under these proceedings, is estimated to be $496,858.00.
SECTION 11. For any and all information relative to these proceedings, including the
information relating to the protest procedure, your attention is directed to the person
designated below:
Frank Rivera, Civil Engineer
City of Chula Vista
P.D.Box 1087
Chula Vista, CA 91910
Telephone: (619) 691-5266
Presented by Approved as to form by
Â/¿
A-Ç-
Resolution 18664
Page 4
PASSED, APPROVED, and ADOpTED by the City Council of the City of Chula Vista,
California, this 13th day of May, 1997, by the following vote:
AYES: Council members: Moot, Padilla, Rindone, and Horton
NA YES: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
~fÝmJi;¡
Shirl Horton, Mayor
ATTEST:
-.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA I
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18664 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 13th day of May,
1997.
Executed this 13th day of May, 1997.
A-(p
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BALLOT SUMMARY EXHIBIT "n"
ASSESSORS
ASSESSMENT BALLOT STREET PARCEL
NUMBER . ADDRESS NUMBER
CD NO 496 OXFORD STRill 618-270-25
CD UNKNOWN 488 OXFORD STREET 618-270-49
Q) YES 478 OXFORD STREET 618-270-22
ø YES 472 OXFORD STREET 618-270-21
@ YES 470 OXFORD STREET 618-270-44
@ YES 466 OXFORD STREET 618-270-53
(J) YES 462 OXFORD STREET 618-270-19
@ YES 446 OXFORD STREET 618-270-18
@ YES 442 OXFORD STREET 619-270-17
@ YES 438 OXFORD STREET 618-270-16
@ YES 430 OXFORD STRill 618-270-45
@ YES 1198 OXFORD COURT 618-380-01
@ YES 1197 OXFORD COURT 618-380-09
@ YES 1196 FOURTH AVENUE 618-270-41
@ UNKNOWN 497-495 OXFORD STREET 618-301-02
@ YES 485 OXFORD STREET 618-301-20
@ YES 481 OXFORD STREET 618-301-19
@ YES 475 OXFORD STREET 618-301-04
@ YES 467-71 OXFORD STREET 618-301-05
@ YES 465 OXFORD STREET 618-301-06
@ YES 459 OXFORD STREET 618-301-07
@ YES 461 OXFORD STREET 618-301-08
@ YES 453-453.'. OXFORD STREET 618-3O1-D9
@ YES 447-449 OXFORD STREET 618-350-13
~ YES 445 OXFORD STREET 618-350-01
@ YES 441 OXFORD STREET 618-350-02
@ YES 437 OXFORD STREET 618-350-D3
@ NO 433 OXFORD STREET 618-350-04
@ UNKNOWN 429 OXFORD STREET 618-350-D5
@ YES 423 OXFORD STREET 618-35D-06
@ YES 419 OXFORD STREET 618-350-D7
@ YES 415 OXFORD STREET 618-35D-08
@ YES 409 OXFORD STREET 618-350-09
@ YES 1208 FOURTH AVENUE 618-35D-10
. ¡.s OF 6/18/97
C()I PUTER mE: C:\R13\Ç()I \SUPPOI1I\STl229\I.SSMTOST.IJWG
;. ExHIBIT fÇ
COUNCIL POUCY
CITY OF CHUlA VISTA
j SUBJECT: PARTICIPATION BY THE CI1Y OF CHULA POLICY EFFECTIVE
VJSTA IN 1911 BLOCK ACT PROGRAM NUMBER DA 1E PAGE
PROCEEDlNGS
505-01 08-30-83 1 OF 6
ADOPTED BY: Resolution No. 11373 . T DA1ED: 08-30-83
BACKGROUND
There are properties within the City limits that do not have full street improvements. In the past, Council has
directed the owners of crirical unimproved parcels to install their missing public improvements. The 1911
Block Act Proceedings were utilized in most instances. As an encouragement for property owner partkiparion,
the City has contributed. funds for the complerion of certain items of work (i.e., grading, pãvement
installarion, etc.). A!so, the City consistently has contributed engineering inspecrien and administrative
services at no charge to the property owner(s). However, there is no Council adopted policy regarding City
participation in 1911 Block Act imprnvement construction proceedings.
This policy is designed to encourage the insral1ation of missing improvements along develoDed residenriallots.
It specifically sets City parriciparion goals for the improvement of corner, non-corner, and double frontage
residenrial lots. The policy reaffmns City Council intent to require the installarion of public improvements
adjacent to undeveloDed property (residenrial, commercial, and industrial) through the fonnarion of 1911 Act
Assessment Districts or through the subdivision and building penn it approval procedures. I
. - 11ús policy shall only apply to areas incorporated on or before this policy's effecrive date.
t1
PURPOSE
To establish a policy for parriciparion by the City in the construction of public improvements via the 1911
Block Act Proceedings (Chapter 27, Street and Highways Code of the State of California).
I
roucr '
- I
The City Council establishes the following policy for City parrkiparion in 1911 Block Act Program
proceedings:
1. GeneT2l ParriciDation
a. The City, at no cost to the property owner(s) shal1 provide all engineering, inspecrion and
administrarive services necessary!o ins!al1 missing improvements via the 1911 Block Act Program
proceedings.
b. It shal1 be the City's responsibility !o relocate all existing public improvements found to be in
conflict with the proposed street improvement consITUction. Such improvements shal1 include, but
no! be limited to: street lights, traffic signal standards, drainage structures, fIfe hydrants, etc.
c. E..'"1gineering staff shall meet individually with each property owner prior to the program's public
hearing !o hand deliver initial correspondence and to explain the plans, proceedings and this policy.
Final engineering plans and project specifications shall reflect as close as practicable, the property
~) owner(s) concerns provided they reflect standard engineering practice.
E- I
/L
COUNCIL POLICY
/ CITY OF CHULA VISTA .--,
/
,t SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
; VJSTA IN 1911 BLOCK ACT PRGRAM NUMBER DATE PAGE
¡ PROCEEDINGS
505-01 08-30-83 2 OF 6
ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83
d. Prior .to the end of each fiscal year, the City Engineer shall submit to the City Council for approval
under this program, a recommended list of projects for scheduling in the ensuing fiscaJ year.
Funding for rhe program shall be determined annually and shown in the Capital Improvement
Program.
e. City paniciparion in rhis program shall be limited to developed parcels rhat cannot be split into lots
or building sites.
2. DeveJoDed Residential Lots
a. Non-Corner Lots
It shan be rhe City's responsibility to overlay or reconstruct rhe roadway rravelway adjacent to
non-corner lots when rhe rravelway is aJready improved and needs an overlay or reconsUllction to
accommodate drainage or traffic safety requirements.
Tne City's responsibility described above is shown on Figure 1 (attached).
b. Comer Lots
For the purposes of this policy, rhe corner lot front lot line shall be defined to be rhe shorter of rhe
tWo adjacent street lot lines. In rhis case of a non.rectangular comer lot, the front lot line shall be
rhe average wid¡h of rhe lot. (See Figure 2).
It shall be rhe City's responsibility to:
(1) InstaJl curb, gutter, sidewalk and pavement (if non.existent) adjacent to 1/2 rhe corner Iot's side
street frontage.
(2) Overlay or reconsUllct rhe side and frontage street's travelway when needed to accommodate
drainage or traffic safety requirements.
(3) In the event rhat rhere are improvements already existing along the corner Jot's side property
frontage aJready existing, ¡hese improvements shall be credited to the City if they need not be
removed to accommodate rhe improvements to be installed.
The City's responsibility described above is depicted on Figure 3 (attached).
3. Dual FrontaS!"e Lots
It shaJl be the City's responsibility to:
JI
E-2...
I
COUNCIL POLlCY
CITY OF CHUlA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
;' VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 3 OF6
ADOPTED BY: Reso]U\jon No. 11373 I DATED: 08-30-83
a. Install curb, guner, sidewalk, and pavement (if non.existent) adjacent to the entire lot's rear stTeet
frontage.
b. OverJay or reconstTUct the lot's rear street travelway when needed to accommodate drainage or
traffic safety purposes. .
For purposes of this policy, dual frontage lots shall be a lot having frontage on two para1lel or
apprnrimateJy paralJel stTeets, one of which is an "alJey".
4. DeveloDed Industria1lCommercial Lots
The City connibution towards the constTUction of improvements adjacent to developed
industrial/commercial lots sha1l be limited to:
a. The overlay or reconstTUction of existing roadway rravelway areas when found to be required for
drainage or tTaffic safety purposes.
5. UndeveJoDed Residential. Industrial and Commercial Lots
This policy shall reaffirm the City Council's intent to require the installation of missing improvements
adjacent to undeveloped lots (both corner and non-corner with and without double street frontages)
through:
a. 1911 Act Assessment District procedures.
b. subdivision requirements, and
c. buiJding permit approval requirements.
There shall be no City contribution towards the constTUction of improvements adjacent to undeveloped
residential, industrial and commercial Jots. In the event that an owner petitions the City fnr inclusion of
his/her undeveloped parcel in a 1911 Block Act Program, alJ expenses sha1l be borne by said owner.
6. ADDJicabiJirv
This policy shalJ be applicable to areas within the Chula Vista City limits on or before its effective date.
'OJ
£-3
~i
;" COUNCIL POLICY
/ 16 CITY OF CHULA VISTA -
SUBJECT: PARTICIPATION BY THE ClTI OF CHULA POLICY EFFECTNE
I VJSTAIN1911BLOCKACfPROGRA"A NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 4 OF 6
ADOPTED BY: Resolution No. 11373 DA1ED: 08-30-83
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.:.> CITY OF CHUU.. VISTA
If SUBJECT: PARTICIPATION BY THE CIIT OF CHULA POLICY EFFECTIVE
VJSTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 5 OF t
ADOPTED BY: Resolutjon No. 11373 DATED: 08-3G-83
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CITY OF CHUlA VISTA
SUBJECT: PARTIOP.A,.TJON BY THE CITY OF CHU!J\ POLICY EFFECTIVE
VJSTAIN1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 6 OF 6
ADOPTED BY: Resolution No. 11373 DATED: 08-30-83
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To the residents living on Oxford st. between 4th and 5th Avenue
concerning putting in curbs and sidewalks.
We have a serious and dangerous traffic problem on this street
which needs to be changed before someone is killed.
My dog was hit and killed by a car going too fast on Oxford St.,
on July 3, 1997. This could have been one of Your Children. Many
children walk on this street to the school, church and park and
they are in danger from drivers racing up and down this street
going to Broadway and 3rd Ave.
This is the time to complain to the city and have this traffic
slowed down. The City wants to Charge us for fixing the street to
put in curbs and sidewalks. What is needed more is the traffic to
be slowed down with speed bumps.~.
Curbs and sidewalks will not bring up the Value of your property
when there is so much traffic and the speed limit is so high.
We must have the city correct these problems:
1. Traffic is too heavy for residents to get in and out of their
own driveways. Cars are in such a hurry they will pass on the
right side and cut you off rather than slow down to let someone
turn into their driveway.
2. The speed limit is to high. Cars are going 46 - 50 mph racing
to 3rd Ave and Broadway. The speed limit between 3rd and
Broadway is 35 mph on Oxford st. The speed limit on Oxford St.
past Broadway and past 3rd is 30 mph. And the houses are further
away from the road and there are noSchools or churches for miles.
Speed limit signs are allover past 3rd and past Broadway and
there is only 1 speed limit sign between 3rd and Broadway.
There is very little heavy traffic on Oxford pass 3rd Ave. and
very little heavy traffic on Oxford st. past Broadway.
3. There is a school close by and there are children allover
this street.
4. There are apartments on Oxford st. There are families with children
and pets on this street. Commerical and business traffic from
3rd, 4th, and 5th Ave and Broadway cross down Oxford St at high
speed. Cars park on the road on Oxford st. and People can get
killed coming in and out between the parked cars.
of?,.iJÞ.
5. We need speed bumps to keep the speed down for the safety of
our children and family much more than curbs and sidewalks.
6. All the heavy traffic brings property value down ( an example
of this is 4th Ave.).
7. The heavy traffic problen is just going to get heavier as the
years go by if we don't slow it down now. We the residents
live on Oxford St. not the heavy traffic passing through.
The Police Dept. has said they don't have the time to control
the speed down because they don't have enough law enforement.
Who lives on Oxford St - The heavy traffic , high speeds or the
Family Residents?
Who is in control on Oxford st - The heavy traffic, high speeds
or the Family Residents?
Who's paying for curbs and sidewalks - More traffic, high speeds
traffic so they can go faster?
Are the Wooden Posts that your Mailboxes are going on in front of
you residence for the high speed vehicles to protect them?
What about your protection? Wooden posts can be cut down easier
than metal. Wooden posts don't last and residents will have to
pay again for new posts.
To Residents : Curbs and sidewalks are not going to bring the
Value of your property up because of these problems. The City
of Chula Vista will not do anything about them.
L Street, Moss st, Naples st, Oxford St, palmor st and Orange Ave
all have heavy traffic. How many Freeways do we need?
PUBLIC HEARING CHECK LIST
PUBLIC HEARING DATE: ~~ 7 ..;- ? / ~ /97
:::~. ~1if.;;¿ ~~ '~'W~
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SENT TO STAR NEWS FOR PUBLICATION.. BY F#%.BY HAND-==-; BY MAIL -
PUBLICATION DATE q~y? 7 or ;//:;)9 ?
MAILED NOTICES TO PROPER1Y OWNERS - NO. MAILED ~
PER GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ¡;./t;;J9 7
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ON OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEF AX COVER IEITER
Telecopier No. (619) 585-5612
DATE: 1/~?
TO: Star News LeS!:al / Joann
FAX NO: (619) 426-6346
FROM: Carla J. Griffin
SUBJECT: -
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TOTAL NO. PAGES (including cover): 9
PUBIlCATION DATE:4¿P9? . qJ/ ?ß ~ 'J ?
If all pages are not received, please call Carla @ (619) 691-5041.
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619)691-5041
RESOLUTION NO. 18658
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON
TWIN OAKS AVENUE BETWEEN NAPLES STREET AND
EMERSON STREET. ORDERING THE SUPERINTENDENT OF
STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND
SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION
TO FORM ASSESSMENT DISTRICT 96-01 PURSUANT TO THE
BLOCK ACT OF 1911
WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA. is desirous
to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", of the Streets and Highways Code of the State of Caiifornia for construction of
certain authorized improvements in an assessment district known and designated as
Assessment District 96.~01 1911 BLOCK ACT affecting properties fronting/abutting on Twin
Oaks Avenue between Naples Street and Emerson Street (hereinafter known and designated
as the "Assessment District") and
WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the
legislative body, upon its own motion, to order the installation of authorized improvements
in front of or abutting properties with the costs thereon to be assessed as set forth under the
provision of said Chapter 27.
WHEREAS, Section 5131 requires a Resolution of Intention to form an assessment
district to perform such work and Section .5132 requires public hearings to hear objections by
those affected by the district formation
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct. .-
SECTION 2. That the public interest and convenience requires. and this legislative
body hereby orders the construction and installation of certain street improvements such as
curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and
Emerson Street in what is known as the Assessment District.
SECTION 3. All of the above mentioned works of improvement shall be generally
constructed at the grades, along the lines, between the points, and at the places and in the
manner as shown on the plans for said work designated by the number and the name of the
Assessment District, which said plans are hereby approved and adopted. For all particulars
as to the alignment of the works and a full and detailed description. reference is hereby made
to said plans and specifications as on file in the Office of the City Engineer.
SECTION 4. That the works of improvements, in the opinion of this legislative body.
will benefit the abutting and fronting properties within said block, and this legislative body
hereby makes the expenses of said improvement chargeable upon the property or properties
within the boundaries of the Assessment District, which District is declared to be the area and
abutting properties benefitting by the work and improvements for a general description of the
. Assessment District and area of benefit. reference is made to a map of said district previously
.
Resolution 18658
Page 2
approved and said map identified by number of this Assessment District, and said map shall
be kept on file with the transcript of these proceedings and open to public inspection.
SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter
27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the
owners of the lots or portions of lots fronting/abutting on Twin Oaks Avenue between Naples
Street and Emerson where this legislative body, pursuant to said Section, by its own motion,
orders the installation of the improvements, and the property owners shall have the duty and
responsibility of constructing or causing the construction of said improvements
fronting\abutting their properties to commence within sixty (60) days upon notice so to do by
the Superintendent of Streets. If the work is not commenced by the property owners within
said period, the Superintendef'!t of Streets shall proceed to cause said work to be completed.
SECTION 6. That all of the work and improvements herein proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement
Act of 1911", of the Streets and Highways Code of the State of California. For all particulars,
reference is made to said "Act", and the provisions contained therein.
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22TH
OF JULY 1997, AT THE HOUR OF 6:00 P.M.. IN THE REGULAR MEETING PLACE OF THE
CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 ~
FOURTH AVENUE, CHULA VISTA. CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS
TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN
SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT
IN ACCORDANCE WITH THIS RESOLUTION.
SECTION 8. If the work is done by the City, and if the assessment cost is not paid
upon confirmation of the assessment, the City shall collect payment of the assessments,
annual installments. and interest in accordance with the provisions of Section 5895 of
Chapter 27 of the" Improvement Act of 1 911 ", of the Streets and Highways Code of the
State of California. The number of annual installments shall be 10 and the interest rate shall -
be 7 percent per annum.
SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or
person in possession of the properties fronting/abutting that portion of the street in the block
where work is to be constructed and directing them to construct or cause to be constructed
the improvements within sixty (60) days after notice is given, and to diligently and without
interruption prosecute to completion said work.
A. Notice shall be given by mailing a letter, postage prepaid, to the property
owners at their last known address as the same appears on the last equalized
assessment roll used by the City for tax collection, or to the name and address
of the person owning such property as shown on the records of the City Clerk.
B. The City Clerk shall cause a copy of the proposed boundary map to be filed in
the Office of the County Recorder within fifteen (15) days after the adoption
of this Resolution setting dates. time and place for the public hearings.
--
,
Resolution 18658
Page 3
r--
C. The City Clerk shall cause the Resolution of Intention to be published twice.
with the first publication occurring at least ten (10) days prior to the second
public hearing.
SECTION 10. The estimated cost to the City of the works of improvement as
proposed under these proceedings. is estimated to be $340.000.00.
SECTION 11. For any and all information relative to these proceedings. including the
information relating to the protest procedure. your attention is directed to the person
designated below:
Frank Rivera, Civil Engineer
City of Chula Vista
P.O.Box 1087
Chula Vista, CA 91910
Telephone: (619) 691-5266
Presented by Approved as to form by
fuL/~
Jø'hn P. Lippitt
Public Works Director
-
--
.
Resolution 18658
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of May, 1997'- by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~/~
Shirt Horton, Mayor
ATTEST:
-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18658 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 6th day of May,
1997.
Executed this 6th day of May, 1997.
-"
.
RESOLUTION NO. 18664
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON
OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH
AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO
GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING
PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM
ASSESSMENT DISTRICT 97-01 PURSUANTTOTHE BLOCK ACT
OF 1911
WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous
to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act
of 1911", of the Streets and Highways Code of the State of California for construction of
certain authorized improvements in an assessment district known and designated as
Assessment District 97-01 1911 BLOCK ACT affecting properties fronting/abutting on Oxford
Street between Fourth and Fifth Avenue (hereinafter known and designated as the
"Assessment District") and
WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the
legislative body, upon its own motion, to order the installation of authorized improvements
in front of or abutting properties with the costs thereon to be assessed as set forth under the
provision of said Chapter 27.
WHEREAS. Section 5131 requires a resolution of intention to form an assessment
district to perform such work and Section 51 32 requires public hearings to hear objections by
those affected by the district formation.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the public interest and convenience requires. and this legislative
body hereby orders the construction and installation of certain street improvements such as
curb, gutter, sidewalk and pavement on Oxford Street between Fourth and Fifth Avenue and
Emerson Street in what is. known as the Assessment District.
SECTION 3. All of the above mentioned works of improvement shall be generally
constructed at the grades. along the lines, between the points. and at the places and in the
manner as shown on the plans for said work designated by the number and the name of the
Assessment District, which said plans are hereby approved and adopted. For all particulars
as to the alignment of the works and a full and detailed description, reference is hereby made
to said plans and specifications as on file in the Office of the City Engineer.
SECTION 4. That the works of improvements, in the opinion of this legislative body,
will benefit the abutting and fronting properties within said block, and this legislative body
hereby makes the expenses of said improvement chargeable upon the property or properties
within the boundaries of the Assessment District, which District is declared to be the area and
abutting properties benefitting by the work and improvements for a general description of the
Assessment District and area of benefit. reference is made to a map of said district previously
Resolution 18664
Page 2
approved and said map identified by number of this Assessment District, and said map shall
be kept on fHe with the transcript of these proceedings and open to public inspection.
SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter
27 of the "Improvement Act of 1911", it is hereby declared to be the responsibHity of the
owners of the lots or portions of lots fronting/abutting on Oxford Street between Fourth and
Fifth Avenue where this legislative body, pursuant to said Section, by its own motion, orders
the installation of the improvements, and the property owners shall have the duty and
responsibility of constructing or causing the construction of said improvements
fronting\abutting their properties to commence within sixty (60) days upon notice so to do by
the Superintendent of Streets. If the work is not commenced by the property owners within
said period, the Superintendent of Streets shall proceed to cause said work to be completed.
SECTION 6. That all of the work and improvements herein proposed shall be done and
carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement
Act of 1911", of the Streets and Highways Code of the State of California. For all particulars,
reference is made to said" Act", and the provisions contained therein.
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22ND
OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE
CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276
FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS ~
TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN
SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT
IN ACCORDANCE WITH THIS RESOLUTION.
SECTION 8. If the work is done by the City, and if the assessment cost is not paid
upon confirmation of the assessment, the City shall collect payment of the assessments,
annual installments, and interest in accordance with the provisions of Section 5895 of
Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the
State of California. The number of annual installments shall be 10 and the interest rate shall
be 7 percent per annum.
SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or
person in possession of the properties fronting/abutting that portion of the street in the block
where work is to be constructed and directing them to construct or cause to be constructed
the improvements within sixty (60) days after notice is given, and to diligently and without
interruption prosecute to completion said work.
A. Notice shall be given by mailing a letter, postage prepaid, to the property
owners at their last known address as the same appears on the last equalized
assessment roll used by the City for tax collection, or to the name and address
of the person owning such property as shown on the records of the City Clerk.
B. The City Clerk shall cause a copy of the proposed boundary map to be fHed in
the Office of the County Recorder within fifteen (15) days after the adoption
of this Resolution setting dates, time and place for the public hearings.
Resolution 18664
Page 3
C. The City Clerk shall cause the Resolution of Intention to be published twice,
with the first publication occurring at least ten (10) days prior to the second
public hearing.
SECTION 10. The. estimated cost to the City of the works of improvement as
proposed under these proceedings, is estimated to be $496,858.00.
SECTION 11. For any and all information relative to these proceedings, including the
information relating to the protest procedure, your attention is directed to the person
designated below:
Frank Rivera, Civil Engineer
City of Chula Vista
P.O.Box 1087
Chula Vista, CA 91910
Telephone: (619) 691-5266
Presented by Approved as to form by
Ã/~
,
Resolution 18664
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of May, 1997; by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
~~~~~aYor
ATTEST:
-.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18664 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 13th day of May,
1997.
Executed this 13th day of May, 1997.
COUNCIL AGENDA SfATEMENT
Item/J
Meeting Date 7/15/97
ITEM TITLE: Public Hearing: Open Space Districts 1-9, 11, 14, 15, 17, 18,20, 23, 24, 26, 31, 33,
Bay Boulevard, and Town Center for Fiscal Year 1997-98.
Resolution I (f;/.2 ?Ordering certain open space and maintenance facilities to be
maintained, approving modification to the Engineer's Report and levying the assessments
for Fiscal Year 1997-98 Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24,26,
31,33, Bay Boulevard, and Town Center.
SUBMITTED BY: Director of Public works£ ~
Director of Parks and Re eatio.
REVIEWED BY: City Managerf-t j ¿ (4/5ths Vote: Ye8_No..xJ
In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of
assessments of the open space districts. The reports were accepted and the required public hearings were set by
Council at its meeting of May 20, 1997. The first public hearing was conducted on June 17, 1997. This agenda
statement includes information related to the above districts and general information related to Open Space District
10 and Eastlake Maintenance District No.1.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments
for Fiscal Year 1997/98.
4) Authorize staff to begin the process of determining assessments for Fiscal Year 1998/99.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Center
Maintenance District has been forwarded to the Town Center Committee via the Community Development
Department. As the advisory committee for the Town Center developments, the Committee has historically
reviewed this information and provided feedback to staff.
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 97/98. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. That is followed by
a description of the noticing that is required.
As a final note, Council should be advised that the preceding agenda items contain the same information on Open
Space District No. 10 and Eastlake which were separated due to conflict of interest concerns.
/3-/
Page 2, Item-
Meeting Date 7/15/97
Back¡rround
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City
Engineer has prepared and filed the annual reports for all existing Open Space Districts in the City. The name
and location of each open space district is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula Vista
Open Space District Name Location
No.
1 EI Raocho del Rey Units 1-4 Between East H Street aDd Telegraph Caoyon
Road east of Paseo Raochero
2 Lark Haven South aDd east of Lama Verde Park
3 Raocho Robinhood Units 1 & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Southbay Villas Northern end of Crest Drive
6 Hilltop Vista Camino Vista Road
7 Zenith Units 2, 3, aDd 4 North aDd south of Palomar, east of I-80S
8 Raocho Robinhood Unit 3 Surrey Drive
9 EI Raocho del Rey Units Paseo del Rey, north of Telegraph Caoyon Road
11 Hidden Vista Village East H Street, east of I-80S
14 Bonita Long Caoyon North and south of Country Vistas Lane
IS Bonita Haciendas Caoyon Drive, east of Otay Lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera aDd East J Street
18 Raocho del Sur Easterly end of East Naples Street
20 Rancho del Rey North of East H Street, west of Otay Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay
Rio Road
24 Caoyon View Homes Rutgers Avenue, south of East H Street
26 Park Bonita West of the intersection of E Street and Bonita
Road
31 Telegraph Caoyon Estates North of Otay Lakes Rd, west of "SR 125"
33 Broadway Business Home Village West side of Broadway between J Street aDd K
Street
Town Center No.1 Third Avenue, north aDd south of F Street
Bay Boulevard Bay Blvd from E Street to F Street
) :J ~ .2...
Page 3, Item-
Meeting Date 7/15/97
These reports were prepared by the City Engineer or under his direction and are presented to Council for approval
in order to proceed with the public hearings set for June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. in
accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1.
Staff proposes for FY 1997/98 that the assessment be kept within that amount previously approved, increasing the
FY 96/97 assessment by Cpr. Staff has not increased any collectible higher than last year's assessment. Staff
believes that we have complied with all the provisions of Proposition 218. However, there may be issues that will
arise in the future that we are not aware of now. Per the City's Municipal Code, the CPI adjustment is the lesser
of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in
the estimated California fourth quarter per capita personal income as contained in the Governor's budget published
in January. CPI is estimated at 4.2% based on the San Diego Metropolitan Area and 5.7% based on the State of
California. Therefore, staff will use the cpr figure of 4.2 % based on the San Diego Metropolitan Area, which is
the lesser of the two figures. Assessment increases equal to 4.2 % (cpr) are not subject to majority protest. Only
assessment increases !!lll: CPt are subject to majority protest. There are some ambiguities and uncertainties
with Open Space Districts and this process that have been addressed by the City Attorney in a separate confidential
memo. Staff feels, however, even with the uncertainties, the recommendation is appropriate.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 97/98 are proposed at FY 96/97 amounts increased by the
inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal
to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances,
including interest earnings and prior years' savings. Under staff's recommendation, none of the open space
districts are subject to a majority protest on the increase.
The proposed assessments and collectibles for Fiscal Year 1997-98 are as follows:
TABLE 2
PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE
OSD FY 97/98 Proposed Proposed
FY 95/96 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assrnnt/ Collection! Assrnntl FY 96/97 Assrnnt/ Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
Cp¡(4)
1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914
2 39.00 34.00 39.90 41.58 41.58 34.00 8,466
3 267.00 232.00 273.14 284.61 284.61 256.00 32,512
4 282.00 277.00 288.49 300.61 300.61 286.00 60,060
5 275.00 275.00 281.33 293.15 293.15 280.00 34,160
6 136.00 65.00 139.13 144.97 144.97 71.00 11,502
7 95.00 90.00 97.19 101.27 101.27 90.00 9,360
8 434.00 441.00 443.98 462.63 462.63 442.00 48,620
9 123.00 123.00 125.83 131.11 131.11 115.00 44,160
11 84.00 85.00 85.93 89.54 89.54 85.00 112,288
14(1) 270.00 273.00 276.21 287.81 287.81 271.00 236,681
15 240.00 265.00 265.00 276.13 276.13 263.00 14,991
/:3-3
Page 4, It~
Meeting Date 7/151'J7
OSD FY 97/98 Proposed Proposed
FY 95/96 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assmntl Collection! Assmnt/ FY 96/97 Assmntl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(4)
17 124.00 1.00 126.85 132.18 132.18 1.00 46
18 293.00 228.00 299.74 312.33 312.33 270.00 104,639
20(2) 298.00(3) - - - 830,654
Zone I DB 45.28 0.00 46.32 48.27 48.27 0.00 (S)
Zone 2 RC 3.44 1.01 3.52 3.67 3.67 1.87 (S)
Zone3H 4.90 4.55 5.01 5.22 5.22 4.38 (5)
Zone 4 BC 18.25 11.00 18.67 19.45 19.45 12.39 (S)
ZoneS I 275.15 278.26 281.48 293.30 293.30 269.21 (S)
Zone 6 II 211.41 209.12 216.27 225.35 225.35 216.14 (S)
Zone 7 III 130.50 10.55 133.50 139.11 139.11 132.83 (5)
Zone 8 NDB 30.09 0.00 30.78 32.07 32.07 0.00 (S)
Zone 9 TCC 22.89 16.02 24.44 25.47 25.47 16.31 (S)
23 335.00 63.00 342.71 357.10 357.10 337.00 18,821
24 502.00 377.00 513.55 535.12 535.12 377.00 15,080
26 394.00 302.00 403.06 419.99 419.99 296.00 5,624
31 407.00 262.00 416.36 433.85 433.85 1.00 345
33 NA 686.00 1029.00 1072.22 1072.22 0.00 0
Bay Blvd. 1291.00 1311.00 1320.69 1376.16 1376.16 1145.00 11,450
Town Centre 45.00 12.00 46.04 47.97 47.97 8.00 8,000
(I) Includes Sweetwater Authority (withdrew request for waiver).
(2) Collectible adjusted for available figures.
(3) Represented average residential assessment in SPA I.
(4) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest.
(S) Revenue for all zones included in overall District 20 amount.
In general, all budgets have remained the same due to no increases in water cost, contract services, and City staff
services.
Savings from prior years are proposed to be used to supplement the property owner collections to provide the
revenue needed for FY 97/98 maintenance while maintaining reserves between 50%-65% (City Code requires
reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property
owners direction to return as much excess funds as practicaL For those districts where the reserve still exceeds
50-65 %, staff generally recommends using the savings to offset some of the assessments to give lower collectibles.
This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund
checks. Staff generally tries to keep the assessments within the cpr amount allowed by the Municipal Code each
year.
Where reserves are less that 50%, staff recommends that the collectible be higher than the budgeted amount in
order to build up the reserves to at least 50% over a five year period. This occurs where new OSDs have been
formed and there is no history of funding reserves available, such as the Broadway Business Homes. A gradual
build up of reserves allows the collectible to not fluctuate significantly over the first few years that the OSD is in
existence and the landscaping is being established.
/3-(
Page 5, It«=-
Meeting Date 7115/97
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU
for FY 97/98 represents, in all cases, the prior year's assessment with an inflation factor of 4.2%. The assessment
per EDU is the figure to be mailed to the property owners and the collectible is the amount to be collected which
is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve requirements, ending
fund balances and savings. For a detailed outline, see Attachment A.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt! Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
WSD No.1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914
EI Rancho del Rey
Units 1-4
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $86 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $89.61. Although the budget per EDU is $89.14 which exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will
be 57%. The General Fund will be reimbursed $9,836 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt! Collection! Assmt/ Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.2 $39.00 $34.00 $39.90 $41.58 $41.58 $34.00 $8,466
Lark Haven
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $34 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $41.58. Although the budget per EDU is $42.08 which exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will
be 63%. The General Fund will be reimbursed $1,963 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
¡OSD No.3 $267.00 $232.00 $273.14 $284.61 $284.61 $256.00 $32,512
Rancho Robinhood
Units 1 & 2
/:J~f
Page 6, Item-
Meeting Date 7/15/97
Staff reconunends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff reconunends a collectible of $256 per EDU, which is less than the
assessment of $284.61. Although the budget per EDU is $291.66 which exceeds the collectible amount, staff
reconunends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' saving and by adjusting the reserve balance. The reserve under this reconunendation will be 60%. The
General Fund will be reimbursed $5,720 for City staff services from the Open Space District Fund for FY 1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.4 $282.00 $277.00 $288.49 $300.61 $300.61 $286.00 $60,060
Bonita Ridge
Staff reconunends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff reconunends a collectible of $286 per EDU, which is less than the
assessment of $300.61 per EDU. Although the budget per EDU is $289.92 which exceeds the collectible amount,
staff reconunends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this reconunendation will be 59%.
The General Fund will be reimbursed $9,092 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection Assmtl Assmt + Assmt/ Collection! Revenue
EDU / EDU CPl EDU EDU
EDU
I~SD No.5 $275.00 $275.00 $281.33 $293.15 $293.15 $280.00 $34,160
Southbay Villas
Staff reconunends that the assessment remain the same as FY 96/97 plus a CPl of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff reconunends a collectible of $280 per EDU, which is less than the
assessment of $293. 15 per EDU. Although the budget per EDU is $290.53 which exceeds the collectible amount,
staff reconunends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this reconunendation will be 53 %.
The General Fund will be reimbursed $5,494 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
17SD No.6 $136.00 $65.00 $139.13 $144.97 $144.97 $71.00 $11,502
Hilltop Vista
Staff reconunends that the assessment remain the same as FY 96/97 plus a CPl of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staffreconunends a collectible of $71 per EDU, which is less than the assessment
JJ-~
Page 7, Item-
Meeting Date 7/15/97
of $144.97 per EDU. Although the budget per EDU is $91.76 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85%. The
General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY 1997/98.
The reserve for this district is not between 50-65 %, however, the reserve has decreased from 97.3 % in FY 1995-96
to 90% in FY 1996-97. Under this recommendation, the reserve has been reduced to 85% for FY 1997/98. It is
anticipated that the reserve will be reduced each fiscal year until it is between 50-65 %, as staff typically tries to
maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one year since that
action would cause larger increases in collectibles in future years.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt! Collection! Assmt! Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
IOSD No.7 - Zenith $95.00 $90.00 $97.19 $101.27 $101.27 $90.00 $9,360
Units 2, 3, & 4
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $90 per EDU, which is less than the assessment
of $101.27 per EDU. Although the budget per EDU is $100.68 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $1,962 for City staff services from the Open Space District Fund for FY 1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPI EDU EDU
IfSD No.8 $434.00 $441.00 $443.98 $462.63 $462.63 $442.00 $48,620
Rancho Robinhood
Unit 3
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $442 per EDU, which is less than the
assessment of $462.63 per EDU. Although the budget per EDU is $483.28 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 52%.
The General Fund will be reimbursed $8,000 for City staff services from the Open Space District Fund for FY
1997/98.
/Y~7
Page 8, Item-
Meeting Date 7/15/97
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt! Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
¡OSD No.9 $123.00 $123.00 $125.83 $131.11 $131.11 $115.00 $44. 160
EI Rancho del Rey
Units
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $115 per EDU, which is less than the
assessment of $131.11 per EDU. Although the budget per EDU is $135.10 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $7,819 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt! Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 11 $84.00 $85.00 $85.93 $89.54 $89.54 $85.00 $112,288
Hidden Vista Village
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $85 per EDU, which is less than the assessment
of $89.54 per EDU. Although the budget per EDU is $97.56 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 54%. The
General Fund will be reimbursed $18,710 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt! Collection! Revenue
EDU EDU EDU CPl EDU EDU
I~SD No. 14 $270.00 $273.00 $276.21 $287.81 $287.81 $271.00 $236,681
Bonita Long Canyon
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $271 per EDU, which is less than the
assessment of $287.81 per EDU. Although the budget per EDU is $295.62 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $36,998 for City staff services from the Open Space District Fund for FY
1997/98.
/:J~
Page 9, Item-
Meeting Date 7/]5/97
Sweetwater Authority owns a residential lot for future construction of a water tank within OSD 14. The above
mentioned assessment assumes Sweetwater Authority does pay (Sweetwater has withdrawn its request to be waived
from the open space district).
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmll Collection! Assmll Assmt + Assmll Collection! Revenue
EDU EOU EDU CPI EDU EDU
OSD No. 15 $240.00 $265.00 $265.00 $276.13 $276.13 $263.00 $14,991
Bonita Haciendas
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $263 per EDD, which is less than the
assessment of $276.13 per EDD. Although the budget per EOD is $291.67 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 50%.
The General Fund will be reimbursed $2,832 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmll Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EOU EDU CPI EDU EDU
rOSD No. 17 $124.00 $1.00 $126.85 $132.18 $132.18 $1.00 $46
Bel Air Ridge
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $118.50, however, staff recommends minimal collection and
utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' savings and
by adjusting the reserve balance. A special reserve was previously setup for stonn drain maintenance but now has
been included in the contract for FY 97/98. The reserve under this recommendation will be 100%, the maximum
allowed under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%.
Staff recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed
$2,282 for City staff services from the Open Space District Fund for FY 1997/98.
In June of 199 I, there were unanticipated savings experienced due to water allocation programs in response to the
drought. Consequently, the FY 91192 assessment ($154.58 per EDD) did not reflect the savings. However, a
portion of these savings were reflected in FY 92/93 ($146.36 per EDD) and FY 93/94 ($124.74 per EDD)
assessments. To-date, there are still excess funds in the reserve due to an accumulation of interest of approximately
$800 each fIScal year over the past two years.
Staff recommends collection amounts of at least a minimal amount ($IIEDD) to ensure that the Open Space District
collectible is on the tax bill serving as additional disclosure to property owners.
J3~1
Page 10, Ite~
Meeting Date 7/15/97
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmtl Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 18 $293.00 $228.00 $299.74 $312.33 $312.33 $270.00 $104,639
Rancho del Sur
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $270 per EDU, which is less than the
assessment of $312.33 per EDU. Although the budget per EDU is $292.43 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $16,510 for City staff services from the Open Space District Fund for FY
1997/98.
Due to delinquencies in the district, revenues are less than the expenditures causing a decline in the fund balance.
Therefore, staff recommends increasing the collectible from the previous year. Once delinquent property owners
pay their property taxes, the collectible may be reduced accordingly.
CAP: Proposed Proposed
OSD No. 20 FY 95/96 FY 96/97 FY 96/97 FY 96/97 FY 97/98 FY 97/98 FY 97/98
Rancho del Rey AssmntlEDU Collection! Assmnt/ Assmt + AssmntlEDU Collection! Revenue
EDU EDU CPI EDU(1)
Zone 1 - Desilt 45.28 0.00 46.32 48.27 48.27 0.00 $0
Basin
Zone 2 - Rice 3.44 1.01 3.52 3.67 3.67 1.87 $7,436
Canyon
Zone 3 - H St. 4.90 4.55 5.01 5.22 5.22 4.38 $27,061
Zone 4 - Business 18.25 11.00 18.67 19.45 19.45 12.39 $32,784
Center
Zone 5 - SPA I 275.15 278.26 281.48 293.30 293.30 269.21 $483,235
Zone 6 - SPA II 211.41 209.12 216.27 225.35 225.35 216.14 $123,890
Zone 7 - SPA III 130.50 10.55 133.50 139.11 139.11 132.83 $155,538
Zone 8 - North 30.09 0.00 30.78 32.07 32.07 0.00 $0
Desilting Basin
Zone 9 - Telegraph 22.89 16.02 24.44 25.47 25.47 16.31 $710
Caoyon Channel
(1) Collectible adjusted for available figures.
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA I is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made
up of several zones as indicated above. Every property within the district is in more than one zone.
/J,/t/
Page 11, Item-
Meeting Date 7/15/97
TABLE 3
Typical Combined Assessment (FY 97/98)
SPA I (Zones 1 or 8, 2, 3, & 5) $318
SPA II (Zones 1 or 8, 2, 3, & 6) $283
SPA III (Zones 1 or 9, 3, & 7) $154
Business Center (Zones 1, 2, 3, & 4) *
* Industrial (per acre) $878
* Commercial (per acre) $1,106
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY 96/97 plus a CPI of 4.2 % as set forth
in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is less than the
proposed assessment. Funds are available to do this because of prior years' savings and by adjusting the reserve
balance. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum) over 5 years. The
General Fund will be reimbursed $101,878 for City staff services from the Open Space District Fund for FY
1997/98.
Due to new development and the new areas requiring maintenance within SPA III (Zone 7), staff recommends
setting the collectible at $132.83 per EDU, which is less than last year's assessment of $133.50 per EDU.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPt EDU EDU
IOSD No. 23 - Otay $335.00 $63.00 $342.71 $357.10 $357.10 $337.00 $18,821
Rio Business Park
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $337 per EDU, which is less than the
assessment of $357.10 per EDU, utilizing the fund balance to make up the difference. Funds are available to do
this because of prior years' savings due to delayed turnover of improvements and by adjusting the reserve balance.
The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $2,255 for City staff
services from the Open Space District Fund for FY 1997/98.
The budget per EDU of $224.58 does not exceed the collectible amount. Since a high number of delinquencies
exist within this district, staff recommends setting the collectible at $337 to compensate for funds not received last
fiscal year (FY 1996/97). However, should a high percentage of property owners pay their property taxes for FY
1996/97, the collectible for FY 1998/99 will be reduced accordingly.
/3-//
Page 12, Ite~
Meeting Date 7/15/97
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 24 $502.00 $377.00 $513.55 $535.12 $535.12 $377.00 $15,080
Canyon View Homes
Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, laodscaped slopes adjacent to the
townhomes.
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $377 per EDU, which is less than the
assessment of $535.12 per EDU. Although the budget per EDU is $505.98 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 61 %.
The General Fund will be reimbursed $3,343 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 26 $394.00 $302.00 $403.06 $419.99 $419.99 $296.00 $5,624
Park Bonita
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $296 per EDU, which is less than the
assessment of $419.99 per EDU. Although the budget per EDU is $364.63 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %.
The General Fund will be reimbursed $1,461 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPl EDU EDU
OSD No. 31 $407.00 $262.00 $416.36 $433.85 $433.85 $1.00 $345
Telegraph Canyon
Estates
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $257.52, however, staff recommends minimal collection and
utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' saving and
by adjusting the reserve balance. The reserve under this recommendation will be 100%, the maximum allowed
under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%. Staff
recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed $1,082
for City staff services from the Open Space District Fund for FY 1997/98.
/:;-).2
Page 13, Item-
Meeting Date 7/15/97
Staff recommends collection amounts of at least a minima1 amount ($ liED U) to ensure that the Open Space District
collectible is on the tax bill serving as additional disclosure to property owners.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + AssmU Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 33 N/A $686.00 $1,029.00 $1,072.22 $1,072.22 $0.00 $0
Broadway Business
Home Village
No funds collected in FY 96/97.
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $695.56, however, staff recommends a collectible of $0.00 per
ED U. The reserve under this recommendation will be 0 %, since no construction completion is anticipated for FY
1997-98.
Although, a collectible was set for FY 96/97, Community Development requested that no funds be collected
because no construction has been done on this project. However, staff will recommend collecting revenue for FY
98/99 because funds will be needed to do required open space maintenance when construction is completed that
fiscal year.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection/ Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
Bay Boulevard Open $1,291.00 $1,311.00 $1,320.69 $1,376.16 $1,376.16 $1,145.00 $11,450
Space Maintenaoce
District
Note: Costs of this district are shared between four commercial properties.
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $1,145 per EDU, which is less than the
assessment of $1,376.16 per EDU. Although the budget per EDU is $1,360.80 which exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will
be 65%. The General Fund will be reimbursed $8,129 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95/96 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! AssmU Assmt + Assmt/ Collection! Revenue
EDU EDU EDU CPI EDU EDU
Town Center Open $45.00 $12.00 $46.04 $47.97 $47.97 $8.00 $8,000
Space Maintenaoce
District
Note: Methodology spread based on 1/2 of the valuation and 1/2 the front footage.
/ 3~/;g
Page 14, Itern-
Meeting Date 7/15/97
Staff reconunends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff reconunends a collectible of $8 per EDU, which is less than the assessment
of $47.97 per EDU. Although the budget per EDU is $41.41 which exceeds the collectible amount, staff
reconunends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years savings and by adjusting the reserve balance. The reserve under this reconunendation will be 65%. The
General Fund will be reimbursed $20,977 for City staff services from the Open Space District Fund for FY
1997/98.
~
The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at
least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notice of the
hearings to all open space districts. The notice informed the resident of hisiher district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 97/98.
The Parks and Recreation Department has conducted information meetings for all property owners within each
district in April. At the meeting, staff explained the proposed budget to interested owners (approximately 10,000
properties received notice).
Plans, specifications, and assessment roll are on file in the Public WorkslEngineering office.
OSD PROTESTS
The following is a summary of protests received for the City's Open Space Districts:
For OSD 2-9, 11, 14, 15, 17,23,24,26,31,33, Bay Boulevard and Town Center:
No letters of protest.
For OSD 1:
1 letter protesting assessment increase by Charles Fanno.
1 letter II2t protesting assessment increase by W. D. Snell, but had 2 questions regarding maintenance (see
attachment D).
For OSD 18:
1 letter protesting assessment increase, by Frank F. Grasso, Jr. (An oral protest as well.)
2 property owners, Geronimo Abalos & Alfredo Rodriguez, came to Engineering to protest increase in
assessment.
For OSD 20:
1 letter protesting assessment increase by Lorenzo & Karen Carrido.
NOTE:
1 letter protesting assessment increase was provided and distributed at the June 17, 1997, public hearing
meeting (author and OSD unknown).
/3--; {
Page 15, Item-
Meeting Date 7/15/97
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data
Processing. Contractual costs ($890,271) are outlined in Attachment A. These costs are recovered through the
Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement for City staff
services from the above listed Open Space District Funds for FY 1997/98 is estimated to be $273,035.
Attachments:
~
A Cost Summary .¡;
B District Maps
C OSD 20 Assessment Map cfJ
D Protests is,
~O
M ,In 0 MElENG INEER lAGEND A I OSR QIPH2. 808
07110/97 12,06pm
/3-/~
RECEIVED
Vl J1 -8 Pl2 :08
Alfredo and Jennifer Rodriguez
601 Diamond Dr. CITY OF CHULA V/ST A
Chula Vista, CA 91911
CITY CLERK'S OFFICE
We would like to express our opposition to the proposed
assessment for the maintenance of the Open Space District #18.
As it is we are already contributing to three kinds of taxes:
property taxes, meloroos, and the Open Space District
#18. We feel that this is too much taxation from every
direction. When we bought this house, no one told us that we had
to pay taxes for the maintenace of the OSD. Therefore, we oppose
any increase and, if there is such an increase, we will remember
the names of the counsel people when they appear in the ballot.
We believe that a few votes can make a difference in Chula Vista.
Sincerely,
~t1~d~~
C'c." ~ iw-~
,'u~ (""ì
'-.Ju)~
/ :1"-/?
RESOLUTION NO. ;%702?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1997-98 FOR OPEN SPACE MAINTENANCE
DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24,
26, 31, 33, BAY BOULEVARD, AND TOWN CENTRE
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula vista Open Space District Procedural
Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighting and Landscaping Act
("Act") as contained in Streets and Highways Code section 22500, et
seq., or pursuant to the Act itself designated as follows:
1. Open Space District Nos. 1-9, 11, 14, 15, 17, 18, 20, 23, 24,
26, 31 and 33.
2. Bay Boulevard and Town Centre Maintenance Districts.
WHEREAS, in accordance with the Procedural Ordinance, the City
Engineer has prepared a report on the spread of assessments for
said Open Space and Maintenance Districts ("Engineer's Report");
and,
WHEREAS, on May 20, 1997, the city Council approved the
Engineer's Reports and set June 17 and July 15, 1997 as the dates
for the public hearings; and,
WHEREAS, the proposed individual assessments for Fiscal Year
1997-98 as they compare to the last year are shown below:
PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE
OSD FY 97/98 Proposed Proposed
FY 95/96 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assnmt/ Collection/ Assnmt/ FY 96/97 Assnmt/ Collection/ Revenue
EDU EDU EDU Assmt + EDD EDU
CP¡(4)
1 $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914
2 39.00 34.00 39.90 41.58 41.58 34.00 8,466
. 1
/3 ;-/0/1 .J~/7
OSD FY 97/98 Proposed Proposed
FY 95/96 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assmnt/ Collection/ Assmnt! FY 96/97 Assmnt/ Collection/ Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(4)
3 267.00 232.00 273.14 284.61 284.61 256.00 32,512
4 282.00 277.00 288.49 300.61 300.61 286.00 60,060
5 275.00 275.00 281.33 293.15 293.15 280.00 34,160
6 136.00 65.00 139.13 144.97 144.97 71.00 11,502
7 95.00 90.00 97.19 101.27 101.27 90.00 9,360
8 434.00 441.00 443.98 462.63 462.63 442.00 48,620
9 123.00 123.00 125.83 131.11 131.11 115.00 44,160
11 84.00 85.00 85.93 89.54 89.54 85.00 112,288
14(1) 270.00 273.00 276.21 287.81 287.81 271.00 236,681
15 240.00 265.00 265.00 276.13 276.13 263.00 14,991
17 124.00 1.00 126.85 132.18 132.18 1.00 46
18 293.00 228.00 299.74 312.33 312.33 270.00 104,639
20(2) 298.00(3) - - - - 830,654
Zone 1 DB 45.28 0.00 46.32 48.27 48.27 0.00 (5)
Zone 2 RC 3.44 1.01 3.52 3.67 3.67 1.87 (5)
Zone3H 4.90 4.55 5.01 5.22 5.22 4.38 (5)
Zone 4 BC 18.25 11.00 18.67 19.45 19.45 12.39 (5)
ZoneS I 275.15 278.26 281.48 293.30 293.30 269.21 (5)
Zone 6 II 211.41 209.12 216.27 225.35 225.35 216.14 (5)
Zone 7 III 130.50 10.55 133.50 139.11 139.11 132.83 (5)
Zone 8 NDB 30.09 0.00 30.78 32.07 32.07 0.00 (5)
Zone 9 TCC 22.89 16.02 24.44 25.47 25.47 16.31 (5)
23 335.00 63.00 342.71 357.10 357.10 337.00 18,821
24 502.00 377.00 513.55 535.12 535.12 377.00 15,080
26 394.00 302.00 403.06 419.99 419.99 296.00 5,624
31 407.00 262.00 416.36 433.85 433.85 1.00 345
33 NA 686.00 1029.00 1072.22 1072.22 0.00 0
Bay Blvd. 1291.00 1311.00 1320.69 1376.16 1376.16 1145.00 11,450
Town Centre 45.00 12.00 46.04 47.97 47.97 8.00 8,000
0) Includes Sweetwater Authority (withdrew request for waiver).
(2) Collectible adjusted for available figures.
(3) Represented average residential assessment in SPA L
(4) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest.
(5) Revenue for all zones included in overall District 20 amount.
NOW, THEREFORE, BE IT RESOLVED as to all open Space and
Maintenance Districts herein referenced that the City Council of
2
/ 3-/¡Y
the City of Chula vista does hereby find that written protests
against the proposed assessment adjustment has not been made by
owners representing more than one-half of the area of the land to
be assessed from the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessments as proposed in the modified Engineer's Report for the
1997-98 fiscal year and set forth hereinabove for Open Space
Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay
Boulevard and Town Centre Maintenance Districts.
Presented by Approved as to form by
JO~~~ ~
John P. Lippitt, Director of
Public Works Attorney
c: leslOslevy.all
3
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Rancho del Rev Open Space District No. 20
Annualized Costs
Amount Accumuloted
for Fi,co' Ve..,: 90-91,91-92
S2.S3. 93.94, 94-95, 95-96, FV 97-98
Zone De.crintion 96.97 Amount Work De,crint;on
1 Da.llting Ba.in $134,B18 $0 Da.ilting ba.in maintananca lav",v 5 vaa,s)
at E. H St. $33,500 $0 Stsbi)izat;on stuucturas msintananca ¡avarv 3 vaa,s)
$3649 Mi.callsnaou.
2 Rica Csnvon $4,365 $0 Stsging Area - A.C. ovarlav and stripe laverv 5 vasrs)
T,all araa $1.596 $228 Staging ara, maintenance 130 veer period)
$12460 $0 Miscallanaous
3 E. H .traat $0 $0
4 SPA 1 Pha.a 1 $28,014 $4,002 Monumantation replacement (30-V' period)
IBusina.s Ctr.)
5 SPA I, Phasas 2-6 $258,359 $34,617 Thama wall & monument replacement (30-vr)
6 SPA 2 $0 $0
7 SPA 3 $0 $0
8 Desilting 8asin $0 $0 Accass Road to ba built.
at Glen Abbev
9 Talegraph Cvn Chennel $722 $722 Monav on deposit pending pavmant
ISPA 3 arae}
Totol $477.483 $39,569
Notes:
1. Zone 1 . $26,230 (5 vrs) & $6,700 (3 yrs) fOf desilting basin & stsbilization structu,as not collected beyond 5 yr' per Coda,
Zona 2 $873 15 vrs) for AC not collected.
2. Zone 2 - $12,044 from mise ,esa,.a used for mtc (95/96).
3. Zone 2 & 3 . Amortized cost fo, walls not de'armined.
4. Zones 6 & 7 - Theme wall/monumentation to ba sdded.
5. Zone 8 . Am...ize cost at 2 vears pending construction of access road.
6. Zone 9 - See TC spraedsheet for cost breakdown on channal.
h:\homo\oogi",,\oponopo,\97rd..nn.wql Blz'/97
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June II, 1997
1291 Calle Candelero
Chula VIsta, Calif,
91910
City ofChula VIsta
Dept Of Public Works
Engineering Division
276 Fourth Ave,
Chula Vista, Calif
91910
Dear Sir:
Reference your letter of 5/23/97 on the subject of open space maintenance, specifically: OSD#I,
FY 96/97 $86 and FY 97/98 $89,61; I have no difficulty with being assessed to cover the
maintenance of open space adjacent to my property, However I am disturbed at the condition of
some of the playground equipment and would pose the following questions:
I) Why is some ofthe playground equipment at the Ranch del Ray Park in such
poor repair - bordering on unsafe, The (we) homeowners in the area recently held
a bake sale / fun day to raise money for its maintenance; is this really necessary?
2) Are any of the above cited monies used for any purpose other than maintenance of
the immediately adjacent park areas?
~:~
w. D, Snell
(619) 482-1872
kb6eb@aoLcom
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En-<:-eer"rg Divisio'"
TO: The I'ity Council
Spboec~: neeD ~ry~ce Assess~ent Pronosal
I e~ writi-g thi~ to ~il~ a'1 offjc<?J~~test ag~ir~t t¡-'~ -~--c:,"ed "ha" c-e
<-/~- tre '~e,., ,r~ce e-sess-e~t ~c:r ~is"B" Ye2~ ~7/-o i" CST'- -'!1.
I ~-c:',-~ t~ "'1 iC-a-k R""erB, De-.~:-t",c!'t o~ PD'-~i~ "'['r1"s-'>gj!'~e~i g ~'1
t"is date to ~ake my ry-otest verbally a'1d si_nce I will '1ot b~ able t"
atte:-d eithe'1 of t¡-'e sessio'1s fchec'uled, I a!!1 sending this let:e:- to
let the City Council -embers know my feelings in this -atter.
T am a 77 year cold sen" or ,,'h,-; ¡:ets no 10.2% raise i"2 '--ayo des'--< te ,-,:hat
you!' C?'! o!' other data òhov!s and to exnect th:'se of us 1':1'" ar.o :"1 a
Socie,l Se"u~< tv Fixed" n"o-e tC1 keer ¡:< "" - [" u- "'~at 10tt"e °]Ccr",e ',"e d-
".et sac!o vea:-'o f t1-e!'o :' s a,n ^rst ~."' 1i.-"'1[" :'_nc:-ea~e' Os :':--cs"'>c""ble.
"'het ~o-d is a -eage:- :'~co~e inc'1oase of 2% if the Citv CoD--"l use~
C't~e,.. ?tud<es t^ a!,!,:'ve at a 10.2% assessme-t. Tr indicate that t!o"S
as~eSSë.e-t ~ 13 :-cot a "NEW" assess-ent is ludicrous. !t <13 a '1ew a-~u~t.
't 'hi 11 take awav -ore than the CDT ~~ SSD, d~es :f~nallv e:~ ve to cen" -"~
rn t~e ~ne hand w~ile thl'ce we h-ue elected to city ~fNces vcte f-~
the°:- OVID i~c!'eases i", -a.y that -"ar exceeds t!oe meager 25~ elloceted to
the SC'cia,l Securitv :-ece~:'ent8.
If ~"our" ",'a's the ~nJv oytr? asseSS'!lent ~n t1oe "ea~, <t might ~ot '-e t['~
;'a,~. ,-~,t vo'-' a'1e "ot the 0'11" (1~e th~t :feels °t "s ne^essar" to ta~o 1-a^k
'-,-,net li ttle "'e d~ cet. "'he '!,cater D~stT'~ ct, the tele~h~ne ~0--2-V, t\-e
f}.'as ~o-;~an:', et^. ,,'1 -"eel that they ~Uêt have their"~^u!'d r,f flesh"as
"-'ell. Su!'e the" ,~e"~ out t!oe<,.. little nC'tices telling us how mu~h :'t
cost? t- do this c!' that and the" hC11d "'ublic hearing.. to -eke it all
"lef"al" and keen ".t "'Ìtrin the law but the" still take 81'.'ay a ...; t -arc
e"e!'y ~,'ee!'. ViP_EN DC'E~ IT "TCD????
I a- lo:"k",nc fo'1"'a,..d to +he ne}'t ele"tion :for r;j tv Counc"l so ., "an reac'.
aE the"good" the Cou~cj,l -e-::-er" are ["rin," tc '1:-0':':' se to do ~c~ -e a"d
-" -eigh::,:,!,- :',f the" are ele"ted.
YCU SDC"ULD ALl, "'REA'" THE OPEP.AT!NG 1:-¡TDG?T !, ^ IiC I'" WE:RE 1'0"? ~'O"!, "'-UDG?T
ÞYD SO:'þ,Y "'IT:':PJ TEE Ft~?A'IET':'RS YOU ""U~ j) S?T 7'(',~ W'U? C",~: "I'll "E:':C D.
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THE CERTE GROUP
4660 LA .JOLLA VILLAGE DR.. SUITE 1080
SAN DIEGO. CALIFORNIA 82122-4601
618 535-3800 FAX 618 535-3813
June 13, 1997
CitY of Chula Vista
City Oerk
276 Fourth Avenue
Chula Vista, CA 91910
Via Certified Mail. ReceiPt Reauested
Re: Parcel#: 6400703900
Address: 750 East Naples Court, Chula Vista
Type: Annual Assessment for Open Space District Number 18
Gentlemen:
Please be advised that pursuant to our rights under Proposition 218, we protest against the
proposed increase of 4.2% in Annual Assessment for Open Space District Number 18 as it applies
to our legal parcel noted hereinabove.
BYSP;: d-.
Frank F. Grasso, Jr. CFO of The Certé Group
As Property Manager and Agent for Owners
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JUN ,. O, 1"44 Ill-oo 10 1'1 ,KUH-BOYlE SAN DIEGO 1-822 P,O2i1l2 Hi1
Lorenzo & Karen Gærido
720 Cardona Avenue
Chula Vistli, CA 91910
(619) 482-8414
June 24, 1997
City Clerk
CITY OF CHOLA VISTA
276 Fourth Avenue
Chula Vistli, CA 91910
ProDosed AUeJ5rneDt (FY 1997/98) for OSDNZO
In response to the Notice of Public Hearings for the annual assessment (proposed Fiscal Year
97/98) of the Open Space District area #20 that we received by mail, as well as phone inquiries
with Frank Rivera at the DepartInent of Public Works-Engineering, we would like to express our
oPpOsition to the proposed increase in our clJrI'ent assesSlTlent.
We arc proud to live in our colIlJDunity and one of the reasons why we chose the Rancho Del
Rey area was the 2bundance of open space areas. The low overall assesSlTlents in comparison to
other master planned colIlJDunities WILS also a major consideration in our selection. Although we
agree that the maintcmmce costs of these open space areas should be passed on to the property
owners in the area. we believe that the proposed increase is not acceptable. To illustrate, both of
Our empJoyers currently consider only a 2,5-3% cost of living adjustment in reviewing our
salaries, We realize that the indexes used may differ, but we feel that the proposed 4,2% is
excessive in coIIlparison to our Dvm salary adjustmentS, Why should we support an
"inflationary" adjustment which is higher than our own salary increases? Therefore, we strongly
oppose this ÌDcrease and request that the City Council reject this proposal accordingly.
Please feel me to contact us if you have any questions. Thank you.
y~{J/--J ~Þí~
Lorenzo C, G8ITido Karen G. Garrido
Property Owner Property Owner
D-Lj-
COUNCIL AGENDA STATEMENT
Item /7"
Meeting Date 7/15/97
ITEM TITLE: Public Hearing: Open Space District No, 10 for Fiscal Year 1997-98,
Resolution / lr?~&;ering certain open space and maintenance facilities to be maintained,
approving modification to the Engineer's Report and levying the assessments for Fiscal Year
1997/98 Open Space District No, 10,
SUBMITTED BY: Director of Public Works/'
Director of Parks and Recreatio~
REVIEWED BY: City Manager 6f:¡¡ (4/5ths Vote: Yes_NoX)
[.. v Based upon the advice of the City Attorney, agenda items J'I and /5 have been separated due to conflict of interest
concerns, Two Council members own property subject to the proposed assessment in this district, Council should note
that agenda statement J 3 gives all background information and details on open space districts in general which
is applicable to this item, but does not include specific information on Open Space District 10.
A public hearing was held on June 17, 1997, to receive testimony on the proposed assessments, This is the second and
final public hearing as required by law.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing,
2) Direct staff to tally all protests,
3) Adopt the resolution to approve the modification to the Engineer's Report and levying the assessments for
FY 1997/98,
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10
located along East J Street, west of Paseo Ranchero (see Attachment A), Table 1 relates the present year's assessment
to the proposed assessment for Fiscal Year 1997/98, Agenda item /.:3 of tonight's agenda contains all the general
information regarding open space districts,
¡,/-j
Page 2, Item-
Meeting Date 7/15/97
TABLE 1
PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE
FY 97/98 Proposed Proposed
FY95/96 FY 96/97 FY 96/97 CAP: FY97/98 FY97/98 FY97/98
Assmt/ Collection/ Assmt/ FY 96/97 Ai;smt/ Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CP1(1)
Open Space District No, 10
EL Rancho deL Rey 6 & $83,00 $84,00 $84,91 $88.48 $88.48 $84,00 $52,951
Casa deL Rey
(I) FY 97/98 assessment may be set at or beLow this cap without being subject to a majority protest.
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4,2 % as set forth in the Chula Vista
Municipal Code, However, staff recommends a collectible of $84 per Equivalent Dwelling Unit, which is less than the
assessment of $88,48, utilizing the fund balance to make up the difference, Funds are available to do this because of
prior years' savings and by adjusting the reserve balance, The reserve under this recommendation will be 63%,
OSD 10 PROTESTS
1 letter protesting assessment increase by Cathy Webster (see attachment C),
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data
Processing, Contractual costs ($31,613) are outlined in Attachment B. These costs are recovered through the Open Space
District collectible, causing no net fiscal impact, The General Fund will be reimbursed $8,285 for City staff services
from the OSD fund for FY 1997-98,
Attachments:
~:9
A District Map
B Estimate of Cost .( ;
C Protests O~""'"
~
H,IHOME\ENOJ NEER \AOENDA 10SD IOPH2, BOB
0ó125/97 ",'Sam
/'/-)...
"-0-'----' --- _m._.m---'-- ,..,_. u.- -. - --roo---" moo,
RESOLUTION NO. /3'7.2.r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR
1997-98 FOR OPEN SPACE DISTRICT NO. 10
WHEREAS, prior to the adoption of this resolution, the
City Council has caused the formation of various districts under
and pursuant to either the Chula vista Open Space District
Procedural Ordinance ("Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
section 22500, et seg., or pursuant to the Act itself designated as
Open Space District No. 10; and
WHEREAS, in accordance with the Procedural Ordinance, the
city Engineer has prepared a report on the spread of assessments
for said Open Space and Maintenance Districts ("Engineer's
Report"); and,
WHEREAS, on May 20, 1997, the city Council approved the
Engineer's Report and set June 17, 1997 and July 15, 1997 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Open
Space District 10 for Fiscal Year 1997-98 is shown below:
PRIOR FY'S VS, FY 97/98 ASSESSMENT/COLLECTIBLE
FY 97/98 Proposed Proposed
FY95/96 FY 96/97 FY 96/97 CAP: FY97/98 FY97/98 FY97/98
Assmt/ Collection/ Assmt! FY 96/97 Assmt/ Collection/ Revenue
EDD EDD EDD Assmt + EDD EDD
cpr(l}
Open Space District No, 10
El Rancho del Rey 6 & $83,00 $84,00 $84,91 $88.48 $88.48 $84,00 $52,951
Casa del Rey
(I) FY 97/98 assessment may be set at or below this cap without being subject to a majority protest.
1
;1;3
NOW, THEREFORE, BE IT RESOLVED as to Open Space and
Maintenance District No. 10, that the city council of the city of
Chula vista does hereby find that written protests against the
proposed assessment adjustment has not been made by owners
representing more than one-half of the area of the land to be
assessed for the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessment as proposed in the modified Engineer's Report for the
1997-98 fiscal year and set forth hereinabove for Open Space and
Maintenance District No. 10.
Presented by Approved as to form by
~~~
John P. Lippitt
Director of Public Works city Attorney
C:\rs\OS10Levy
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RECEIVED
VI Jfi -6 AlO:1 2
CITY OF CHULA VISì ,\
CITY CLERK'S OFFICE
June 4,1997
City of Chula vista
City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
Dear City Clerk,
I am writing to you in response to the annual proposed tax
assessment for maintenance of the Open Space District (see
enclosed Notice that we received).
This assessment is just another tax that really should not
be levied without a vote. We already have a heavy property
tax that includes Mello-Roos tax and for us comes to nearly
$3200 annually. I've been wondering if it's worth it.
Maybe if the City were more financially efficient additional
taxes (whether "new" or not) wouldn't need to be assessed.
"relYiieJ
cath~ster
1116 Paseo Entrada
Chula Vista, CA 91910
/L/-7
COUNCIL AGENDA STATEMENT
Item /-3
Meeting Date 7/15/97
ITEM TITLE: Public Hearing: Eastlake Maintenance District No, 1 for Fiscal Year 1997-98.
Resolution 18'71- '10rdering certain open space and maintenance facilities to
be maintained, approving modification to the Engineer's Report and levying the
assessments for Fiscal Year 1997-98 Eastlake Maintenance District No.1.
SUBMITfED BY: Director of Public Workst, ~
Director of Parks and Re eatio
REVIEWED BY: City Managerr. ""L (4/5ths Vote: Yes_NoX)
. j
Based upon the advice of the City Attorney, agenda items / 'I and I ~ave been separated due to
conflict of interest concerns, One Council member owns property subject to the proposed assessment in
this district. Council should note that agenda statement 15 gives all background information and
details on open space districts in general which is applicable to this item, but does not include
specific information on Eastlake Maintenance District No.1 (ELMOI).
A public hearing was held on June 17, 1997, to receive testimony on the proposed assessments. This
is the second and final public hearing as required by law,
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing,
2) Direct staff to tally all protests.
3) Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments
for Fiscal Year 1997/98.
DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within
Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay
Lakes Road, adjacent to "SR 125" (Attachment A). Table 1 relates the present year's assessment to the
proposed assessment for the Fiscal Year 1997/98, Agenda item 13 of tonight's agenda contains all the
general information regarding open space districts.
/,5/(
Page 2, Item-
Meeting Date 7/15/97
TABLE 1
PRIOR FY'S VS, FY 97/98 ASSESSMENT/COLLECTIBLE
oso FY 97/98 Proposed Proposed
FY95/96 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY 97/98
Assmt/ Collection/ Assmt/ FY 96/97 Assmt/ Collection! Revenue
EOU EOU EOU Assmt+ EOU EOU(4)
CPIO)
ELMO #1(1) $189,951
Eastlake I $9.32 $8,10 $9.53 $9,93 $9,93 $8.10
Eastlake Greens 15,24 10,65 15.59 16,25 16.25 10,65
OTC 126,20 0,00 129,\0 134.52 134.52 0,00
Salt Creek I 168,32 167,74 172,19 179.42 179.42 167.74
TC Channela) 24.00 15,95 24.55 25,58 25.58 15.95
(1) All areas share in the cost of Olay Lakes Road medians and off-site parkways.
'" Portions of Eastlake I BC and Eastlake Greens are in benefit area,
(3) FY 97/98 assessment may be set at or below this cap without being subject to majority protest.
(4) Collectible adjusted for available figures,
Costs vary by parcel, see budget worksheet, due to the various zones, land uses and attributed traffic
generation factors within ELMD 1. A map showing the proposed typical assessments by area has been
attached, On this map, the Eastlake Business Center parcels' assessment is shown at $336.43 per acre,
Staff recommends that the assessments for each of the areas remain the same as FY 96/97 plus a CPI of
4,2 % as set forth in the Chula Vista Municipal Code, In each of these cases, staff recommends an annual
collectible, as shown in Table 1, which is equal to last year's collectible,
OlvmDic Traininl! Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the Arco
Training Center to continue maintenance of the Wueste Road landscape improvements. It is now
anticipated that the turnover of improvements will occur in FY 1999/2000, Incorporated in the agreement
are safeguards to ensure the maintenance is performed to City standards and there are indemnity
provisions for both parties for the use of the paths along Wueste Road,
Staff recommends setting the collectible at $0 per EDU, since turnover of the improvements has not
occurred, However, in anticipation of future maintenance costs when turnover occurs, staff recommends
that the assessment remain the same as FY 96/97 plus a CPI of 4,2 % as set forth in the Chula Vista
Municipal Code,
ELMD I PROTESTS
I letter protesting assessment increase by Vincent De Lucia (see attachment D).
/..5-- 2..
Page 3, Item-
Meeting Date 7/15/97
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works,
and Data Processing, Contractual costs ($103,242) are outlined in Attachment B. These costs are
recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund
will be reimbursed $40,307 for City staff services from the OSD fund for FY 1997-98,
Attachments:
A District Map ~'9
B Estimate of Cost
C ELMD 1 Assessment Map ~
D Protests O~
~
F, \HOMEIENGJ NEER \AGENDA \OSELMDP2.BOB
0021>107 ,,"=
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RESOLUTION NO. /ð"'?l..Cf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION
TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS
FOR FISCAL YEAR 1997-98 FOR EASTLAKE MAINTENANCE
DISTRICT NO. 1
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula vista Open Space District Procedural
Ordinance ("Procedural ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighting and Landscaping Act
("Act") as contained in Streets and Highways Code section 22500, et
seq., or pursuant to the Act itself designated as Eastlake
Maintenance District No. 1; and
WHEREAS, in accordance with the Procedural Ordinance, the
city Engineer has prepared a report on the spread of assessments
for said open Space and Maintenance Districts ("Engineer's
Report"); and,
WHEREAS, on May 20, 1997, the City Council approved the
Engineer's Report and set June 17, 1997 and July 15, 1997 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Eastlake
Maintenance District 1 for Fiscal Year 1997-98 is shown below:
PRIOR FY'S VS, FY 97/98 ASSESSMENT/COLLECTIBLE
OSD FY 97/98 Proposed Proposed
FY95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY 97/98
Assmtl Collectionl Assmtl FY 96/97 Assmtl Collectionl Revenue
EDU EDU EDU Assmt + EDU EDU'4)
CPI'3)
ELMD #10) $189,951
Easdalee I $9,32 $8.10 $9,53 $9.93 $9,93 $8.10
Easdalee Greens 15,24 10,65 15.59 16,25 16,25 10,65
OTC 126,20 0.00 129,10 134.52 134.52 0,00
Salt Creek I 168,32 167.74 172,19 179.42 179.42 167,74
TC Channe1(2) 24.00 15.95 24,55 25.58 25.58 15,95
(I) All areas share in the cost of Olay Lakes Road medians and off,site parkways,
'2) Portions of Eastlalee I BC and Eastlalee Greens are in benefit area,
(3) FY 97/98 assessment may be set at or below this cap without being subject to majority protest.
(4) Collectible adjusted for available figures,
/5--Y
1
NOW, THEREFORE, BE IT RESOLVED as to Eastlake Maintenance
District No. 1, that the City Council of the City of Chula Vista
does hereby find that written protests against the proposed
assessment adjustment has not been made by owners representing more
than one-half of the area of the land to be assessed for the
improvement and confirms the diagram and assessment contained in
the modified Engineer's Report, and orders the open space and
maintenance facilities to be maintained. The adoption of this
resolution shall constitute the levy of the assessment as proposed
in the modified Engineer's Report for the 1997-98 fiscal year and
set forth hereinabove for Eastlake Maintenance District No.1.
Presented by Approved as to form by
~~ ~
John P. Lippitt John M. Kaheny
Director of Public Works city Attorney
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COUNTY OF SAN DlE{iO. STATE OF CALIFORNIA
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Eastlake Maintenance District No, 1 FY 1997/98 BUDGET WORKSHEET
Overall Zone A Zone B Zone C Zone D Zone E
OlR Eastlake I Greens OTC Salt Creek TC Channel TOTAL
Budget 13,035 85,681 38.010 31,657 74.017 6,378 251,597
Reserve Req't 13,035 55,693 20,906 15,829 29,607 0 222,368
Special Reserve 5,284 0 0 73,180 0 8,836 87,300
Total Funds Req'd 31,354 141,374 58,916 120,666 103,624 15,214 471,146
less amount in reserve 24,638 40,270 16,800 31,325 24,169 8,836 146,038
less prior yr savings 4,071 9,746 228 25,560 9,765 15 49,385
less estimated savings 1,790 8,800 4,210 61,560 0 0 76,360
less estimated interest 855 2,860 1,255 2,220 2,100 210 9,500
Subtotal 31,354 61,676 22.493 120,665 36,034 9,061 281,283
Net payment 0 79,698 36.423 1 67,590 6,153
Participating ADT's 137,551 98,370 34,181 5,000 4,234 387
~W~~'."Jffi¡www~'m~:@oom~i;.~¡, 0.00 159,64 15.91
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FY 97/98 CostlEDU 0.95 8.71 11.12 63.31 174,82 16.50
Asmt Asmt Asmt Payment Payment Asmt>
FY 95/96 FY 96/97 FY 97/98 FY 96/97 FY 97/98 Payment
Zone A/OlR 9.32 9,53 9,93 8.10 8.10 Yes
Zone B/OlR 15.24 15.59 16.24 10,65 10.65 Yes
Zone C/OlR 126.20 129,10 134,52 0.00 0,00 Yes
Zone D/OlR 168.31 172.18 179.41 167.74 167.74 Yes
Zone E 24.00 24.55 25.58 15.95 15.95 Yes
Notes:
1, OlR shown as part of Zone A & B
2, Budget for OlR is for ElMD1 only, balance is In OSD 31 for FY 97/98
per N. Woods
3. FY 97/98 Zones A thru D and OlR share DPW staff ($5500)
4. Zone E is not budgeted. reflects $80 adjustment'see budget line
5, Eastlake Greens' reserve is at 55%, Eastlake I at 65%,
6. Zone D/OlR includes Zone A
7. Zone C includes reserve of $5k,10k for infiltration basin.
8, Zone C ' Refund should be processed.
M :lhomelengineerlopenspacI97elsp. wq 1 6/24/97
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CllY OF
(HUlA VISTA
DEPARTMENT OF PUBUC WORKS
ENGINEERING DMSION
Gentl~: ,I am ~osed to this so da.lled assesSIllent. It is a tax on~operty and
::11'1 violaif'.qÌ{9J:1>..:fæ:-lj::-n::~§.êíòé-~t to a vote" ~ir trle'people ,ace - 'niTo 1á1r.
NOTICE OF PUBLIC HEARINGS~ ~¿
The City Council will consider the annual assessment (proposed Fiscal Year 97/98) for
maintenance of the Open Space District areas at public hearings scheduled for:
June 17, 1997 (Tuesday) at 6:00 p.m.
July 15, 1997 (Tuesday) at 6:00 p,m.
The hearings will take place in Council Chambers, 276 Fourth Avenue, Chula Vista and are for
the purpose of taking testimony on the assessment proposed by staff. The hearings are intended
to provide an opportunity for property owners within the district to convey and express to the
City Council their support or opposition to the proposed assessment. At the second hearing
(July 15, 1997), the City Council will consider and may confmn the proposed assessment as set
forth in this notice or may choose to decrease the final assessment for Fiscal Year 1997/98 after
considering all public testimony. Ple;),se be advise.d lhat letters of support or opposition may be
filed during the public hearings or filed by mail prior to the second hearing at City of Chula
Vista, City Clerk, 276 Fourth Avenue, Chula Vista, CA 91910.
This assessment is not a "new" assessment. City Council considers the amount of the open
space assessment each year, takes public comments, and then determines the assessment amount.
The purpose of the annual assessment is to continue maintenance of the Open Space District
areas adjacent to or near property owned by you.
On the reverse side of this letter within the box, you will find the Open Space District Number
(OSD #), the proposed assessment (FY 1997/98) and your current assessment (FY 1996/97).
The proposed assessment equals your current assessment increased by CPI (estimated at 4.2%).
Please note that the City Council may choose to collect less than the assessment depending on
interest earnings, cost savings, etc, within the Open Space District Fund. The amount will be
collected in two installments on your property tax bill,
Your participation in this process is encouraged. Should you need additional information, have
any questions or wish to set up an appointment with staff, please call Frank Rivera, Department
of Public Works-Engineering at (619) 691-5266.
H: Ihomelengineerllanddevlnoticela. frm
/y /;2..
-----,---
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 07115/97
ITEM TITLE: RESOLUTION j?(73û ADOPTING A COURTESY PARKING CITATION
PROGRAM FOR THE DOWNTOWN PARKING DISTRICT FOR A NINETY (90) DAY
PERIOD
SUBMITTED BY: 'omm"";', D~.I.pmoot ¡ (.<> '
REVIEWED BY: City Manager~ ~ð (4/5ths Vote: Yes- No.ÅJ
..-?
BACKGROUND:
As a result of the City Council workshop on Town Centre I, staff from the Police, Finance, and Community
Development Departments investigated the courtesy parking citation program currently being administered
in the City of La Mesa. Community Development and Police Department staff believe the concept has the
potential to resolve some of the parking issues currently being experienced in the Chula Vista Downtown
Parking District; however, the Finance and Police Departments are concerned about the negative financial
impact associated with the program. In 1990, the Police Department conducted a survey of vacant spaces
in the parking structure and downtown lots, as well as reducing enforcement of meters in the Parking
District. Attached are memos reflecting the results of those actions.
A courtesy parking citation program proposed for the Downtown Parking District is outlined in the following
report which includes potential financial impacts to the Downtown Parking Fund.
RECOMMENDATION:
That the City Council approve a resolution adopting a courtesy parking citation program for the Downtown
Parking District for a ninety (90) day period subject to criteria recommended by staff.
BOARDS/COMMISSIONS RECOMMENDATION:
On May 1,1997, the Town Centre Project Area Committee reviewed staff's initial courtesy citation concept
(without benefit of fiscal impact) and recommended the program be implemented for a six,month period.
Staff's updated recommendation with fiscal impact was scheduled for the Committee's July meeting;
however, due to a lack of quorum, the Committee did not meet.
On June 17, 1997, the Downtown Business Association (DBA) Board discussed issues relating to parking
meters in the Downtown Parking District. The DBA supported a 90 day courtesy parking program. (In
addition, the DBA supported larger and better signage directing traffic to public parking lots and the
/cÞ ~/
Page 2, Item -
Meeting Date 07115197
expanded use of parking tokens. The Association has called a special meeting to discuss alternative ways
to resolve parking district problems. A program to educate Downtown customers is planned which will
include signage in all DBA store and office windows reminding the customers to "feed the meters" before
they begin their business.)
DISCUSSION:
After researching citation patterns within the Downtown area, it was determined that the greatest need for
courtesy time (additional time after the meter expires before a citation is issued) is related to the on.street
parking spaces, particularly along Third Avenue. For the most part, employees and customers expecting to
stay several hours use long,term parking meters (4 hour or 10 hour) located in the parking district parking
lots. It appears that customers expecting to stay one hour or two are more apt to use the on,street meters
(up to 2 hours) and are more prone to over stay their meter time. Currently, approximately 800 citations
per month are issued in the Downtown Parking District About 75% or 600 of those citations are issued
for vehicles parked in on.street spaces.
If the City Council desires to implement a courtesy citation program, it is recommended that a temporary
program for a 90 day period be established and evaluated before a permanent program is considered. (The
City Attorney's office has determined that a temporary program can be approved by a Council resolution.
A permanent program would require an ordinance.)
The following program criteria is recommended:
1. The program will apply to on-street metered spaces only (approx. 500 spaces), public parking lot
spaces would not be included
2. Courtesy citations will be issued at expired meters to allow a complimentary, additional 15 minutes.
If a vehicle is not moved by the time the courtesy time has expired, a fee-citation will be issued.
(The Police Department has indicated that they can work within the 15 minute courtesy time
element)
3. The program will be effective for 90 days and will be evaluated at the end of that time period
including a survey of customers and businesses and the effectiveness of the program will be
reported to the City Council.
The Finance Department estimates a $20,000 loss of revenue from citations as a result of a 90 day
courtesy citation program. The revenue loss is based on an 80% drop in citations for on.street spaces.
A one time $20,000 revenue loss can be absorbed by the unappropriated balance of the Parking Meter Fund.
The balance of the recommended FY 98 Parking Meter Fund budget is needed to support operations for
/¿:-~
Page 3, Item -
Meeting Date 07115/97
meter maintenance and collection, parking enforcement, parking lot maintenance, and Downtown Business
Association advertising and promotions.
If implemented permanently, the courtesy citation program could result in an annual revenue loss of an
estimated $80,000 (based on Finance Department projections), At this time, the Parking Meter Fund does
not have the revenue source to absorb that size loss on an ongoing basis without an off.set reduction in
expenditures. If the Council desired to continue the courtesy parking citation program permanently, options
would have to be developed to either reduce the current level of service or obtain additional revenue from
other sources.
FISCAL IMPACT:
The Finance Department projects a $20,000 revenue loss (based on an 80% reduction in citations) for the
90 day program trial period. The loss can be absorbed by the unappropriated balance of the Parking Meter
Fund.
IPBI H,\HOME\COMMOEV\STAFF,RE~07.15,97\TCPKGPGM,l13 IJ,'y 10.1997 111,1Bamll
/~ -.3
RESOLUTION NO. /8"7 3¿¡
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A COURTESY PARKING CITATION PROGRAM
FOR THE DOWNTOWN PARKING DISTRICT FOR A NINETY (90)
DAY PERIOD
WHEREAS, the City Council has received numerous complaints regarding parking
citations within the Downtown Parking District; and
WHEREAS, the City Council desires to resolve the existing parking issues; and
WHEREAS, the City Council directed staff to investigate a courtesy parking citation
program for the Downtown Parking District.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby adopt a courtesy parking citation program for the Downtown Parking District for a
ninety (90) day period subject to the following criteria:
1. The program will apply to on,street metered spaces only (approx. 500 spaces),
public parking lot spaces would not be included
2. Courtesy citations will be issued at expired meters to allow a complementary,
additional 15 minutes. If a vehicle is not moved by the time the courtesy time has
expired, a fee,citation will be issued.
3. The program will be effective for 90 days and will be evaluated at the end of that
time period including a survey of customers and businesses and the effectiveness
of the program will be reported to the City Council.
Presented by Approved as to form by
eL Srl ~ ---
Chris Salomone
Director of Community Development
[(P61 H,\HOMEICOMMOEV\RESOS\TCPKGPGM,RES (J"'y 2, 1997 (2,27pm)]
/ i:> -;/
DATE: June 20, 1990
TO: Chairman and Members of the Town Centre Project
Area Committee
, ¡/.)
FROM: William J~ters, Director of Public Safety
SUBJECT: Usage of Parking Building and Off Street Lots
in the Parking District
During the period June 11th thru the 19th, staff
inspected the Parking Building and each lot twice each
day and logged the number of empty spaces. The following
table illustrates the results:
No. Meters/ Aver. No. Percent
Spaces Vacant Sp. Vacancy
Lot #1 28 18 64%
Lot #2 76 17 22%
Lot #3 78 33 42%
Lot #4 34 31 91%
Lot #5 30 14 46%
Lot #6 46 19 41%
Lot #7 14 6 43%
Lot #8 54 24 44%
Lot #9 29 19 66%
- -
389 181 47%
Parking Bldg.
1st Floor 204 75 36%
Parking Bldg.
2nd Floor 244 125 51%
Parking Bldg.
3rd Floor 205 184 90%
-
653 384 59%
J'~
The nine off-street lots showed a vacancy factor of 47%.
The Parking Building had a vacancy factor of 59%. Staff
would also note that there is another 508 meters on the
various streets within the Parking District. Staff didn't
attempt to inspect these meters to determine a vacancy
factor.
The specific types of meters in each of the nine lots
are as follows:
2 Hr. 4 Hr. 10 Hr. Handicapped
Lot #l 27 1
Lot #2 41 33 2
Lot #3 27 49 2
Lot #4 33 1
Lot #5 29 1
Lot #6 44 2
Lot #7 13 1
Lot #8 27 25 2
Lot #9 21 7 1
TOTAL 56 194 136 13 = 389
WJW/amh ~
cc: City Manager
Sid Morris
)~/~
DEPARTMENTAL CORRESPONDENCE
DATE: June 25,1990
TO: The Honorable Mayor and City Council
VIA: John Goss City Manager J J..¡Ø-
FROM: W.J. ~i~~rs, Director or Public Safety
SUBJECT: REDUCTION OF PARKING METER ENFORCEMENT IN THE PARKING
DISTRICT
Effective Monday, June 25,1990, the following steps have been
taken to reduce the parking enforcement effort in the Parking
District:
1) Whenever a Parking Control Officer observes a red flag
on a one-hour meter a .25 coin wi 11 be placed in the
meter which will provide 50 minutes of parking. If the
Parking Control Officer returns to that meter and
observes a red flag, a citation will be written.
2) Parking Control Officer John Chavez will be assigned to
the Parking District Monday thru Friday. Parking Control
Officer David Philippi will work the Parking District on
Saturdays. On his other working days (Tuesday thru
Friday) Phil ippi will enforce parking regulations in
those areas of the City that are outside the Parking
District.
3) Robert Shorey who has been acting as a temporary Parking
Control Officer has been relieved from duty. (Shorey was
working for Parking Control officer Valorie Labore who
is on light duty (desk job) due to a leg injury). Shorey
had been working three or four of his five workdays in
the Parking District.
These personnel changes will result in a significant decrease in
the enforcement level throughout the Parking District. Basically
we will be reducing Parking Control Officer hours in the District
from ninety-six hours weekly to forty-eight hours.
JG/WJW/yk
PARKMET.memo
City of Chula Vista, California
16---1
COUNCIL AGENDA STATEMENT
Item No. /7
Meeting Date:
Item Title: Report Consideration of Continuation of Membership in
the San Diego Convention and Visitors Bureau (Con Vis) and Payment of
the Second Half of the Annual Dues for Calendar Year 1997.
Subm;It«! by. Publi, Iufo=,ti" com'",
Deputy City Manager
R~;~'" By. Ci~ M_~.JC.> ~66: ~ 415 Vo... y" - No-"--
The San Diego Convention and Visitors Burea (C~ViS) has invoiced the City ofChula Vista
for $5,250, the second half of our annual membership dues of $1 0,500. Since January, a Chula
Vista resident was elected to the ConVis Board of Directors and a number of steps have been
taken to provide greater marketing for the City and its attractions.
RECOMMENDATION
That Council approve payment of the second half of the dues for the City's membership in the
San Diego ConVis for calendar year 1997,
BOARD/COMMISSION RECOMMENDATION: NIA
BACKGROUND
In January, the Council authorized that the City continue its membership in San Diego ConVis
for six months and advised them that our continued future membership was primarily contingent
upon a South Bay presence on the Board of Directors, Other concerns included providing more
effective marketing for South Bay attractions and a greater opportunity to participate in the
overall ConVis program. The pros and cons of membership are detailed in the Jan, 21 Agenda
Statement. (Attachment A: Agenda Statement and attachments, Council minutes)
DISCUSSION:
Since the January report, San Diego Con Vis has conducted its nomination and election process,
(Attachment B: Feb. II, April 17 and 24 Information Items regarding Con Vis nominations) On
June 24, Chula Vista resident Mr. Scott Alevy was installed as a member of the Board of
Directors at the Con Vis Annual Meeting.
Other activities have included the following:
. The City's Public Information Coordinator Jeri Gulbransen and Chula Vista ConVis
/7- /
Director Robyn Wilner are serving on one of San Diego Con Vis' Super Bowl Task
Forces.
. San Diego ConVis National Public Relations staff have met with representatives from
White Water Canyon for inclusion of the water park in its national and regional
publicity,
. City staff has reviewed all ConVis publications and submitted suggested additions,
changes and revisions to further publicize Chula Vista attractions including the water
park, Olympic Training Center, Nature Center, golf courses, etc.
For the coming year, San Diego ConVis will be exploring with the City ofChula Vista, Chula
Vista Chamber of Commerce and Chula Vista Convention and Visitors Bureau staff a number of
new partnership options, These options are designed to enhance Chula Vista's image as a visitor
destination and to ensure a greater, more tangible return on investment.
Among the options to be discussed are the potential establishment 'of a designated standing
committee seat for Chula Vista on the ConVis Marketing Committee and the application of
Chula Vista's financial contribution to a specific print ad featuring Chula Vista area attractions in
ConVis' official visitors guide,
FISCAL IMPACT
In the fiscal year 1996/97 budget, Council approved the total Chula Vista Convention and
Visitors Bureau budget of$133,000, with $67,500 set aside for contractual services provided by
the Chula Vista Chamber of Commerce. The City's membership dues of $1 0,500 for the San
Diego Convention and Visitors Bureau were included in that amount. Dues for six months of
$5,250 were paid following the January 21 City Council meeting; another $5,250 is encumbered
to pay for the remainder of 1997.
A TT ACHt.IENTS
NOT SCAMIED
/7-e2
7/15/97 ATTACHMENT A-I
.-
COUNCIL AGE],\¡DA STATEMENT
Item No. ) /
Meeting Date: 1/21/97
Item Title Report -- Consideration of Renewal of Membership in the San Diego
Convention and Visitors Bureau (ConVis) and Payment of Annual Dues for
Calendar Year 1997
Submitted By "'lili, húo~"'oo c:c~
Deputy City Manage (Ú
Reviewed By City Manage~ ~ ........, 4\5 Vote: No
San Diego Con Vis has invoiced the City of Chula Vista for our annual membership dues of
$10,500, The Chula Vista Chamber of Commerce has questioned the necessity and cost
effectiveness of maintaining our City membership. The purpose of this report is to discuss
the pros and cons of maintaining our membership and to request Council direction 25 to
whether or not we should pay the dues invoice for 1997.
RECOMMENDATION
That Council approve our City membership in the San Diego Con Vis for 1997 but advise
them that our continued future membership is contingent upon providing more effective
marketing for South Bay attractions as well as a South Bay presence on the Board of
Directors and a greater opportunity to panicipate in the overall Con Vis Program,
BOARD/COMMISSION RECOMMENDATION: N/A
BACKGROUND
Chula Vista has been a member of the San Diego Convention and Visitors Bureau for the
past ten years. Other cities that are ConVis members include the cities of Coronado and
San Diego, as well as the San Diego Unified Port District and the County of San Diego. In
January 1995, the City of Chula Vista transferred responsibility for the operation of the
Bayfront Visitors Center to the Chula Vista Chamber of Commerce. Later the same year, a
Chula Vista Convention and Visitors Bureau was created, The Visitors Bureau is currently
subsidized by the City in the total amount of $133,000. The intent is to gradually transition
the Visitors Bureau into a self sustaining entity through membership dues, and advertising
and marketing revenues, For some time now the Chamber of Commerce has argued that the
City's San Diego ConVis dues would be better directed to the Çhula Vista ConVis
operation, that the benefits to the City from San Diego Con Vis membership are not that
great, and that the basic membership benefits could be realized by the Chula Vista Chamber
1
JÞÍ /?~3
of Commerce being a business member at a much reduced rate, City staff has argued that
the City's membership ,has resulted in a number of regional benefits both tangible and
intangible and helped foster Chula Vista's presence and image with other San Diego
ConVis members and in the region,
DISCUSSION
The issue as to continuing the City's San Diego Con Vis membership or not started about a
year ago. At that time, staff met with San Diego Con Vis staff as well as with the Chula
Vista Chamber of Commerce. (Note Attachment "A", correspondence from the San Diego
Convention Bureau, the Office of the Mayor, and the Chula Vista Chamber dated
November, 1995 - January, 1996.) In May 1996, City staff met with the President and
CEO of ConVis, Mr. Reint Reinders, as well as the outgoing and incoming Board
Presidents, and other ConVis staff and expressed some of our City's objectives as to the
relationship between ConVis and the City, (Note Attachment "B", correspondence from the
Office of the City Manager dated May 15, 1996.) In the most recent correspondence from
the Chamber at the end of last year, the issues have been raised anew, (Note Attachment
"C", correspondence from the Chamber of Commerce dated December 16, 1996.)
The San Diego Convention & Visitors Bureau promotes the entire region as a desirable
vacation, meeting and convention destination. The total San Diego ConVis budget is more
than $9 million, with 82.7 percent spent on sales and marketing. San Diego ConVis
conducts expansive national advertising campaigns to bring visitors to this region, In -
addition, it has a National Public Relations Department that generates unpaid media
exposure in key regional, national and international markets through submitting press
releases, feature stories and photographs; and hosting travel writers and electronic media..
(See Attachment "D", Revenue & Expenses and Fiscal Year 1996 "Report Card"
Highlights.)
The advertising and marketing programs of San Diego Con Vis bring thousands of
tourists/visitors to this region. Staff believes that those efforts cannot be duplicated by the
City, Chamber of Commerce and local ConVis;and that local resources can best be spent
trying to bring visitors to Chula Vista once they have decided to vacation in the County.
As an example, Chula Vista has placed an advertisement and chapter in the "San Diegan"
for a number of years--a guide that is available in many hotel rooms, at local information
centers and at a host of regional attractions.
Staff also believes that San Diego Con Vis membership is important at this time as Chula
Vista now has a major tourist/visitor attraction (ARCO Training Center) and two others set
to open this year or 1998 (water park and MCA amphitheater), In light of these
developments, the City is seeking a larger share of the tourist/visitor dollar. Chula Vista's
San Diego ConVis membership is a major way that the City can promote itself and its
attractions with limited funding and obtain value, Neither the City nor the Chamber has the
budget or the staff to duplicate the activities undertaken by S~ Diego Con Vis, The City
2
~ /?~r
~ has input into maps, publications, national press releases, and other marketing and pubEc
relations materials, and the City regularly supplies photographs and press information.
Membership gives the City the leverage to make sure Chula Vista is not slighted with the
overall promotion of the region. Samples of San Diego Con Vis promotional materials have
been provided and are available in the MayorlCity Council offices,
In addition, as part of its City membership benefits, the Mayor is an Ex-Officio member of
the San Diego Con Vis Board of Directors. Only cities that have city membership are
extended this opportunity to participate regularly at the board level. Also as a City
member, Chula Vista has expressed a strong interest in having a member on the Board of
Directors, At this time, as previously advised, the names and resumes of Scott Alevy, Rod
Davis and Richard Zogob have been submitted to San Diego ConVis for consideration by
the Nominating Committee for the Board of Directors. If Councilrnembers would like to
submit additional names, please inform staff to ensure that the Con Vis Nominating
Committee receives those names. The San Diego Con Vis Nominating Committee will be
convened in February and will take its nominees to the Board of Directors in April. By
maintaining the City's membership at this time, staff believes that Chula Vista has the
leverage needed to have a stronger voice in San Diego Con Vis at the board, committee and
task force, and staff levels, (See Attachment "E", Board of Directors,)
A comparison can be made between this approach to promoting the City's tourist/visitor
industry and the approach the City is using to promote economic development. Chula Vista
is a member of the San Diego Economic Development Commission, the region's economic
development agency. In addition, the City is a member of the South County Economic
Development Commission, and supports an active City economic development program
including the Chula Vista Economic Development Commission. By maintaining
membership in the San Diego Convention & Visitors Bureau, the City recognizes the
importance of being a player in this region's major visitorltourist organization.
The City also has recognized the importance of supporting the Chula Vista Chamber of
Commerce and the fledgling Chula Vista Convention & Visitors Bureau, The total
budgeted for FY 1996-97 is $133,000, including the $10,500 San Diego Con Vis dues.
Since 1995, the City has contracted with the Chula Vista Chamber of Commerce to provide
Convention and Visitors Bureau promotional services, with direct compensation totalling
$67,500 during the 1996-97 fiscal year, The budget administered by the Chamber includes
marketing staff, brochure distribution, advertising and office costs, The focus of the Chula
Vista Visitors Bureau is to promote Chula Vista destinations including the U.S. Olympic
Training Center, Nature Center, Chula Vista Yacht Harbor, special events, and local motels,
restaurants, shopping and other related activities. In addition, the total $133,000 budget has
a number of joint items administered by the City totaling $65,500 for FY 1996-97. These
include City contracts with the Chamber to provide Visitor and Transit Information Services
at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office, as
well as Visitor Center utilities, displays/exhibits and maintenance,
3
)Þ:J /7~
The Chula Vista Chamber makes a valid point that most other cities in San Diego County
are not San Diego ConVis members. However the majority of these cities have a large
number of San Diego Con Vis members (hotels, restaurants, attractions, etc.) that help
ensure that their communities are well-represented. In future years as Chula Vista develops
a greater number of tourist-related facilities such as the water park and MCA Amphitheater,
their memberships in Con Vis could supplement or substitute for full City membership,
\Vhile the Chamber has highlighted some important points in the argument for the City not
to join Con Vis, the extensive marketing and public relations efforts, visibility and image
impacts are not the only reasons to maintain the City's San Diego Con Vis membership
during 1997.
Many of the tangible benefits that the Chamber points out which would accrue to either the
Chamber or the City as a member are the collateral materials that all 1,500 San Diego
Con Vis members receive. For example, all individual members are listed in the San Diego
Con Vis Directory, However, the City's membership goes beyond the collateral materials
that are generated by San Diego Con Vis. Chula Vista's membership benefits the entire
City, including the Chamber, and represents the City's desire to develop into a major player
in the visitor/tourism industry. This benefit is more intangible than those cited by the
Chamber, however, it is substantial. From the mixer at the Olympic Training Center to
strategic planning sessions with City representatives to the recognition of tourism
developments in Chula Vista in the "Convisions" newsletter by President and CEO Reint
Reinders, and Board Chairman Bert James, the City is integrating its emerging tourism
business into the regional tourism industry by being an active member of San Diego -
ConVis. The City's San Diego ConVis membership fits in with Chula Vista's long-term
goal of establishing a strong local tourism industry. Staff believes these intangible benefits
are of such significance that the City should continue to maintain its San Diego ConVis,
membership, (See Attachment F, President's Message, Chairman's Message and ConVis
Memo)
FISCAL IMPACT
In the fiscal year 1996-97 budget, Council approved the total Convention and Visitors
Bureau budget of $133,000, with $67,500 set aside for contractual services provided by the
Chula Vista Chamber of Commerce, The City's $10,500 San Diego Convention and
Visitors Bureau dues are included in that amount If the City's membership was not
continued and the Chamber became a member at the cost of $350, the Chamber has
proposed that the remaining $10,150 be spent on advertising to supplement the $23,100
already budgeted for that purpose,
4
~/ 7- Þ
. 7/15/97 ATTACHMENT A-2 ~
V CHULA VISTA CHAMBER OF COMMERCE 00
;;5.;.~.;;~~~
,......"......"
"""""""'"
January 29, 1996
AN
INVESTMENT IN ATTACHMENT A
THE FUTURE
The Honorable Shli'ley Horton
Mayor City of Chula Vista
BOARD OF DIRECTORS 276 Fourth Avenue
;oresiden!
Cons LewIs Chula Vìsta, CA 91910
?residen,E!ec! Dear Mayor Horton:
Deve Were
Vice ?residen!s: Have you wondered why the other cities in the county do not belong
;oemc:e 3ames to Con vis? The answer is that either their chamber belongs or their
;o:~=;:o:~:~~~ hotel/motel association belongs. The cities have the same opportunity to
:::a':' Wilson be covered in the editorial, and they appear in the map, I did not suggest
that the city not belong to Con vis but rather that it belong through the
;\::~e~~e chamber at a rate of $350 rather than at the $10,500 rate, The savings
cose Dcne could then be used to buy ads in Con Vis publications.
~jike Green In vour letter to me you list six points. All but two accrue to us no
_usan ,;emev .
-:-om :vlcAnòr~ws matter which price we pay, The city would not get the following two
:.en Moore points with a Chamber membership, First, the Mayor would not sit on
;~~~~~;:~~~r MD the advisory board - we have no Chula vista or South Bay member on
::en "',;ccarcson the Board of Dli'ectors, and I am not sure oftbe value of this limited
:='ank Soon particiuation. Second, the city's name would not be included as a
~"~;~~~a;tro memb~r. I have included the Guide from Con Vis so that someone could
CO" :';1sn show me this listing and explain its value to me.
EJcec:Jlive Direc:cr In addition, one of the best features Con Vis oñers is the fax,back
=00 :evis feature reserved for advertisers not for sponsors, I wanted to get this
letter to you prior to the meeting so staff could review it, I look forward
to our discussions,
Sincerely,
Chula Vista Chamber of Commerce
) -,-"-----
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) þ¿¿-,~-
R'od Davis
/Executive Director
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-----
CllY OF
CHULA VISTA
OFFICE OF THE MAYOR
SHIRLEY HORTON
January 25, 1996
Mr. Rod Davis, Executive Director
Chula Vista Chamber of Commerce
233 Fourth Avenue
Chula Vista, California 91910
Dear Rod:
As you know, we've talked for some time about the extent of value that our City
membership in the San Diego Convention and Visitors Bureau (ConVis) affords Chula
Vista. Below is an outline prepared by City staff as to some of ~he tangible and
intangible benefits of ConVis membership.
. Access and exposure to the major activities, programs, and dollars that promote
our region, including Chula Vista:
For example, this summer's promotion of a Star,Spangled Summer will include
information about the ARCO Olympic Training Center and Tour d'Elegance in
Chula Vista. In addition, thousands of dollars used to promote the San Diego
region through radio, television and print-advertising brings tourists/visitors to our
region, Our membership gives us the leverage to make sure Chula Vista is not
forgotten as the overall region is promoted.
. Chula Vista has input into maps, publications, national press releases and other
marketing and public relations materials:
For example, ConVis gets a copy of all of the City's pertinent press releases and
promotional materials and incorporates these into press releases and stories
(Chula Vista Nature Center, ARCO Training Center, MCA amphitheater). ConVis
uses photos of Chula Vista supplied by the city of sights and attractions to
accompany releases (harbor, Nature Center, golf courses, restaurants, etc.).
ConVis also seeks city input to update and revise maps and editorial descriptions
of city and South Bay area in its publications,
/7-ð
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691.5044' FAX (619) 476,5379
ê---
Mr, Rod Davis
January 25, 1996
Page 2
. Chula Vista events are included on calendars:
For example, major Chula Vista events listed include Harbor Day, Starlight Yule
Parade, July 4th activities and Arturo Barrios Race.
. Chula Vista is named along with San Diego and Coronado as city members:
This recognition among other Con Vis members adds to Chula Vista's credibility
and our efforts for regional recognition,
. Con Vis membership is especially productive at a time when the City is seeking
to playa greater role in regional promotion to develop '10urist-visitor" status:
Similar to Chula Vista's membership in the San Diego Economic Development
Commission, the City can't playa major role in the region by looking "in the
windows" of these organizations. To be recognized as a major regional player,
Chula Vista has to be seatec' at the table and be a part of the decision,making
process. For the first time in its history, Chula Vista has a major tourist/visitor
attraction and has the beginnings of other facilities. Our ConVis membership is
a major way that the city can promote itself with limited funding and obtain value.
In addition, as you know, I am an ex-officio member of the board which makes
decisions on regional convention-tourist programs providing us with a direct
opportunity for input
. City does not have staff or money to do major regional/nationalf¡nternational
promotion:
Our $10,500 investment is minimal compared to amount the City would have to
spend to duplicate Con Vis promotional activities, In addition, an ad would only
be in one visitor-based publication, compared to the broad appeal we receive
ctherwise.
For your information, the ConVis membership was a part of the City's overall budget that
Council folded into this year's Visitor and ConvEntion Bureau budget. The yearly
membership runs from December 1, 1995 to December 1, 1996, We have been billed
for our dues, but at this point, they haven't been paid,
J 7- <J
CITY OF CHULA VISTA
Mr. Rod Davis
January 25, 1996
Page 3
I look forward to discussing this item with you further. I also understand that staff is
looking at the possibility of a 1/4 page ad, per your suggestion, to come from the Visitor
and Convention Bureau Budget that the City has formulated with the Chamber. Perhaps
these could be part of our next "Marketing our City" promotional meeting scheduled for
Friday, February 2, 1996 at 4:00 p.m, here at City Hall.
Thank you for your input.
Sincerely,
~~
Shirley orton
Mayor
cc: George Krempl, Deputy City Manager
Jeri Gulbransen, Public Information Coorriinator
J?-/c
CITY OF CHULA VISTA
~ ¡;::: /¡¿ - (», :/:C'
San Djego Convention & Visitors Bureau
401 B Street. Su,te 1400. San Diego. CA 92101,4237. Telephone (619) 232-3101, FAX (619) 696-9371
November 30, 1995
Mr, George Krempl
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear George:
It was nice to meet you during my recent visit to your office. Your time and
consideration was much appreciated, I enjoyed the opportunity to review the growing
partnership between the Bureau and the City of Chula Vista with you and Jeri
Gulbransen,
As discussed in our meeting on November 3, Chula Vista's membership in the Bureau
entitles the City to the many benefits enjoyed by all ConVis members (please see
.attachment). Among these benefits are the following !sID'. promotional tools which
'include Chula Vista and provide exposure for your community and the South Bay:
Visitor Planning Guide, 250,000 guides are sent out of town in response to visitor
requests for information.
Official Visitor Guide. 200,000 guides are distributed locally to visitors and convention
delegates.
Travel Planner's Guide. This colorful publication is targeted to the professional travel
trade.
Travel Writer Hosting. This program provides an opportunity to gain media coverage
for regional facilities.
International Visitor Information Center, Provides visitor information on regional
attractions to over 150,000 "walk-in" and "phone-in" visitors per year,
In addition to these promotional vehicles, numerous opportunities exist for Bureau
members to stay informed on tourism trends and meet key contacts in the visitor
industry, These include the bi-monthly President's Breakfasts, quarterly ConVis
Forums, bi-monthly Membership Mixers and Membership Familiarization Forums,
Funde" Ø8"'ally by"" CIty. County. an" Pan 01 San Doepo
@ /7,-//
Mr. George Krempl
City of Chula Vista
November 30, 1995
Page 2
As you can see from the attached list of member benefits, there are many advantages
to being a Bureau member. Perhaps the most important benefit for the City of Chula
Vista has been and continues to be the availability of senior Bureau staff to offer
valuable input on projects of interest to the City. We have been privileged to meet with
Mayor Horton on several occasions over the last year to offer insight and expertise on
the Arco Olympic Training Center, Mid-Bayfront project and the recently approved
amphitheatre.
As discussed at our meeting in early November, the Training Center and
amphitheatre (when completed) will continue to be integrated into our efforts to
promote Chula Vista's visitor attractions. On a related note, I hope you will be available
to attend our ConVis Membership Mixer at the Olympic Training Center on July 24,
1996. This celebration of the Center will draw more than 500 visitor industry
representatives and will provide the City of Chula Vista a unique opportunity to interface
with key tourism leaders, I will be providing you with more detailed information on this
event as it becomes available.
In the meantime, if I or the Bureau can be of any assistance to you or your colleagues at
the City of Chula Vista, please do not hesitate to call.
SG:cam
Attachment
cc: Jeri Gulbransen
/7,,/:2
~~f?
=-- ~:::
~~:::-=-
CITY OF
(HULA VISTA
OFFICE OF THE CITY MANAGER ATTACHMENT B
May 15, 1996
Mr. Reint Reinders if
President & CEO
San Diego visitor and Convention Bureau
401 B Street, suite 1400
San Diego, CA. 92101-4237
Dear Mr. Reinders:
Thank you for meeting with myself and Ms. Gulbransen on April 25,
1996 regarding the city of Chula Vista's CONVIS membership and
direct benefits therefore. We enjoyed meeting Ms. Roscoe and Mr.
James from your Board as well as other members of your staff. The
meeting was an informative one and we hope to keep in touch with
the Bureau on an ongoing basis. As you know, our objective is to be
able to target some goals which tie in with CONVIS and Chula
vista's visitor and promotion program.
The points we noted from the meeting are as follows:
1. Chula vista would like to see a representative from the South
Bay on your Board of Directors. (In that regard, one
suggestion was recently forwarded from Mayor Horton to Mr.
Giametta for consideration of a Mr. Richard Zogob for future
Board appointment.)
2. Representatives from Chula vista would like to participate, as
appropriate, on CONVIS commissions or task forces addressing
topics which might be germane to our interests.
3. We would like to see CONVIS continue to integrate Chula Vista
material into your promotional material and advertising. A
couple of specific ideas would be the Chula vista Nature
Center, the ARCO Olympic Training Center, Chula vista Harbor,
and the golf opportunities at the Chula vista and Eastlake
Greens Golf Courses. Use of Chula vista photos affords an
opportunity as well. In that regard, we were pleased that the
production people for the CD ROM had an opportunity to be at
the recent Olympic Torch ceremony. We also followed through as
to having a city display at your recent mixer and appreciated
the suggestion.
4. The possibility of inviting our Mayor to attenâ a future
CONVIS sales event is an idea we would find attractive and
look forward to exploring that further.
) }-/3
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 69',5031 . FAX (619) 585,5612
5. The upcoming CONVIS mixer at the Olympic Training Center on
July 24,1996 will offer a good opportunity to showcase that
facility as well as Chula vista. We also liked the idea of
CONVIS coming to a city Council Meeting sometime shortly
before the July mixer under Special Orders of the Day on our
Agenda to provide the City council members with additional
information about CONVIS and extend them a personal invitation
to attend the mixer. We will pursue this with Mayor Horton.
6. Finally the suggestion to do some forwBrd thinking with us on
specific projects as well as helping to define and market our
vision in advance is one we will continue to focus on as move
forward with such projects as the 23,000 acre Otay Ranch, the
Chula Vista Bayfront Development and special projects such as
the proposed MCA amphitheater and water park.
We would appreciate any further thoughts you might have to offer us
as well as an indication as to whether or not you agree with the
items in the above summary. Thanks again for the opportunity to
have met with you.
sincerely,
Ø:.T;;.~
Deputy City Manager
cc: Mayor Horton
John Goss
Sal Giametta
Jeri Gulbransen
/7- /1
< iii
V CHULA VISTA CHAMBER OF COMMERCE
ACCREDITED
~.K..' _.,~
,....".."...."
....,.."....,...
December 16, 1996
AN ATTACHMENT C
INVESTMENT IN
THE FUTURE
The Honorable Sh¡~iey Horton
BOARD OF DIRECTORS Mayor City of Chula Vista
President 276 Fourth Ave r. '.JE'
Chris Lewis Chula Vista, CA 91910
President Elect
Dave Ward Dear Mayor Horton:
Vice Presidents:
Patricia Barnes I am ;)aing to renew my objectjc,n te the City's rej,:>ining
JoAnne Clayton the Sail Diego Cor.Vis. First, at ,he Familiariz¡3.tion Tour
Gary Nordstrom
Brad Wilson CO!1ductea yestardav, the fund¡~lg sources for S,D. Can Vis
Members: were ¡¡sled, and He were not ni'iiTò6G, Second. we would
Renee Bardwell receive exactly the same co'.'erage. in fact! think b-:.tter
Jose Doria than we get today, if the Chambsr. flot the city. were the
Mike Green
Susan Herney member. I have included the pres'.:' list that S.D. Can Vis
Dan Higgins hands out, and as 'lOll can see, we have no press soLlth of SR-
iorn McAndrews
Bena Mensik 94. Pat Barnes is a media. host (takes reporters on tours fc~
Len Moore SD ConVis), and her tours scheduled by S.D. Can Vis do not
Scott Mosher
Roben Penner. MD include anything in South Bay.
5en ¡ilcha,dson When i w rate you! a s t year you rsspcndedby I ett e r Of:
crank Scotl
Mary Anne Stro Jar.ua,y 25. The points mace :n that lettef dre discuss~d
Bob Thomas halow'
Executive Director Your jetter szid "Acces~ »!ld axpcsurç TO major
Rod Davis activities. . .". \Ne prov:de c=.Ienc=.r iniormé:tion week:y, We
are covered. The two activities you mentioned had
exceptional coverage becaus~ th::y (ARCOO OiYl11pic Training
Genie, a:;d tne S:A) are members, Our membership as a city
has !::Jrought us nothing additional!
YOC!ï Is!!er said "Chula Vista has input. . ,", So do all the
other cities in the ('.GliO1ty. and it is impOõtant to note that
the onGS that do r1ot b:?long (al! except Chu!a Vista and
Coronado) 9€-t me-re .:;overage than we do, OeOé;¡USé the:~ have
more individual ~e¡-..be,s of 8,0. CorN,s in their cities than
we do,
//-6
233 FOURTH AVENUE. CH UIA VISTA,-C AL IF ORNLA 91910' TEL', (619) '20.6603
Your letter stated "Chula Vista events are listed.. .", So are all the
events in the rest of the county who are not members,
Your letter states "Chula Vista is named as. . .". Where? I can not
find any meaningful credit given toChula Vista. Advertisers get fax back
while we as city members do not.
Your letter states "ConVis membership is especially productive. . ,".
In the last line of this paragraph, you state "Our ConVis membership is a
major way that the city can promote itself with limited funding and
obtain value." This is the heart of my argument. Other than the ad that
C.V.C.V.B. bought there was no advantage gained from S.D. ConVis
membership.
I n your lette r, you sta te t hat $10,500 is allocated by the city for
S,D, Con Vis and that the city could not advertise on the same basis that
S.D. Con Vis does, and I certainly agree. My proposal is that the same
benefits accrue to the city by virtue of Chamber membership at $350 as
accrue to the city for $10,500, and we have $10,000 to spend in other
ways, Our contract with the city, which contains this $10,500 item, also
allows redistribution of funds between budget items.
Once again, I urge the city to not rejoin S.D. Con Vis but to receive
the same benefits through Chamber membership and to invest the $10,000
saved thereby in other ways to advertise the city.
Sincerely,
Chula Vista Chamber of Commerce
.-, ,.~. ,
. . ..' I
I /,9. /'.1:~
Rbd Davis
Executive Director
RD:ce
pcs:
Jerry Rindone
Steve Padilla
John Moot
Scott Alevy
John Goss
George Krempl
Jeri Gulbransen
/7-/?
ATTACHMENT 0
REVENUE & EXPENSES
Total Budget $9,515,500*
Community
Relations 8.6%
Sales & Marketing
82.7%
Revenue Expenses
.This figure does not include the 52,0 million Supplemental Marketing Program funds,
Revenue Sources Expenses
The hulk (86,0%) of the Bureau'~ funding continues to come In keeping with the Bureau'~ ~aleslmarketing mjs~ion. 52,"% of
from the puhlic sector. and our panner,hip \"¡th local g"'lTn. the Bureau's hudgel is being dedic;t!ed 10 marketing and sab
ment i~ stronger than e\'er. The four,year (fi~caJ year 1995 actilitie~ and program~.
through fi~caJ year 1998) finandal agreement \lith the Gin' of
San Diego prO\ide~ a gro\ling, prewctable and ~tahle funding
base,
San Diego Visitor Industry
. The \'jsilOr inåuslfl generates "'er '.'.1' billion in U11paG on . Sau Diego's award \\inning ConlemiuI1 Center has hostl.d ~
the regional economy. record breaking 209 conl'ention~ and trade ~hows \lith more
. Tourism pro\ides approJdmately ]22.000 job~ for residents in than 1.1 ï million delegates since il~ opening in '\ol'emher
ùle greater San Diego County area, 1989,
. The region'~ hole] invento~' is approximately 45.000 rooms. . More ùtan ]3 million overnight \isitor~ experienced the ~ighls
and sounds of America's mosl hospitable city-San Diego-
ùÜs past year,
17---/?
"-
ATTACHHENT D
FISCAL YEAR 1996 "REPORT CARD" ffiGHLIGHTS*
MARKETING
0 Produced 127 media promotions valued at close to $2.5 million in positive media exposure for San Diego and Bureau
member trip sponsors, Fiscal Year 1996 promotions include 112 radio promotions and 15 television promotions offering
San Diego Sweepstakes trips in important Urget markets.
0 Distributed 500,000 copies of the 1996 San Diego SUr-Spangled Value coupon book through 1,800 numbers and write,
ins resulting from a major media campaign with co-op partners such as Sea World, the San Diego Zoo and the Wild
Animal Park, American Express and the Gaming Tribes of Barona, Sycuan and Viejas,
0 Produced more than $1 million in Cooperative Advertising utilizing San Diego banner pages which incOIporated matching
editorial and the ads of approximately 150 Bureau members,
0 Provided visitor information through the International Visitor Information Center (IVIC) to more than 162,000 potential
visitors. More than 102,000 telephone calls were answered and close to 60.000 walk-in visitors were served, including
almost 26,000 international visitors. More than 48,500 information packets were mailed from IVIC
0 Sent close to 400,000 pieces of visitor inquiry mail to potential visitors in direct response to advertising and promotional
efforts,
0 Hosted 370 prominent print and electronic journalists.
0 Wrote and distributed 48 news releases to 900 qualified outlets,
0 Pro,ided media assistance and information to 1.966 journalists,
0 Achieved an estimated 35.000 column inches of San Diego coverage with an estimated comparable advertising value of
$5 million.
. Produced 340.000 incremental room nigh~ thm the Suppl<mental Marketing Plan,
MEMBERSHIP DEVELOPMENT/MEMBER SERVICES
0 Increased membership retention to 84%.
0 Conducted six membership networking Mixers and Special Mixer Showcase.
0 Conducted three member Forums designed to enhance visitor industry skills,
0 Conducted six Familiarization Forums designed to better familiarize members with Bureau services,
0 Hosted six President's Breakfasts to give members an inside view of the latest information about the industry and
upcoming projects,
/ 7-/~
SALES
0 Produced over 1800 single property meeting leads, with 1.25 million room nights, representing increases of 12% in
number of leads and 18% in number of room nights from FY '96 goals.
0 Produced 9 Concourse bookings resulting in an additional 23,585 booked room nights, an increase of 19% from FY '96
goals,
0 Produced 63 citywide Convention Center bookings with 853,186 room nights, an increase of 3% from FY '96 goals.
0 Exhibited at 30 industry tradesho"~, selling San Diego to the corporate, association, incentive and specialty markets,
0 Conducted 221 individual client site visits,
0 Produced 7 direct mail programs targeted to geograpruc and specialty markets.
0 Placed over 20,000 restaurant reservations in San Diego member restaurants through the Restaurant Booth Se,,;ce,
0 Provided 42,000 Housing Registration staff hours to meetings and conventions capturing full cost recovery,
0 Provided convention support materials to 80% of meetings and conventions booked and reported to th~ Bureau,
0 Implemented VIP delegate \;sitor welcome program in the form of The Select Club Card.
COMMUNIIT RELATIONS/COMMUNICATIONS
0 Continued to position the visitor industry as a vital, growing, desirable sector of the regional economy that positively
impacts the community's economic, cultural. social and environmental quality of life.
0 Identified and supported infrastructure and tourism projects that will facilitate growth in the visitor industry.
0 Continued to form broad,based partnerships with business/civic, education and community groups in an effort to address
issues that threaten tourism, as well as identify opportunities for additional visitor industry development and promotion,
0 Provided editorial direction for the official Bureau newsletter. Con Visions, published in cooperation with the San Diego
Business Journal, with a circulation of24.000 copies monthly,
0 Distributed to the local media n",,~ releases that demonstrate the impact of the San Diego visitor industry on the regional
economy. based on monthly statistical repons generated by the Research Deparunent.
0 Generated 85 news releases resulting in 6,800 column inches of print media coverage, as well as significant radio and
television coverage of local visitor industry events and issues,
0 Developed special events and programs during National Tourism Week to educate local media. elected officials,
government policymakers, and the community at large about the positive economic, social and cultural impact of the
visitor industry to San Diego.
0 Thi.< is just a paniallisting of the Bur<Ilu's FY '96 accomplishments,
17--/1
ATTACHMENT E
BOARD OF DIRECTORS i
I
I
I H, L. BcrtJamcs (Chainnan)' Frank McCully Ex-Officio Members
Hilton Be;tch & Tennis Res0I1 Avis Rem-A,Car Systems C,P. Oscar Escobedo Carignan
Douglas G, Myers TIju:lJla Convemioo & Visitors Bureau
Erendira Abel Zoologic:¡] Socie~' of S:lJl Diego Represeming COTVCO
.-Ihel & Associates
Dayid ,"uffer (1st Vice Chair)" Berit \, Durler
Joho R. .\hlerin~, )I.D. \utfer/SmitI1lTucker, loc, San Diego Commissioo for .,rtS & Culture
Cardiovascular Anesthesia Medic;¡] Group
James L. Oddo Don Hall . .
Richard Bartell ,"las lIoteis. loc, S:lJl Diego Coon~'l!otel.Motei Assoclauon
Bartelilioteis
Ted Owen (2nd Vice Chair)' .Ilary Herron
Susie Baumann Sail Diego ßl/SilleIsjOl/mal ,Ilavor. Cin' of Coronado
Baii HailI.ighlhouse
, L. Robert Payne Shirley Horton
Hal Brown Multi-Vemure;. Inc. .ll:1yor. Cit\' of Chula Vista
San Diego State VniverslO
Ralph Pesqueira John Jakobsen
Richard A. Burt EllodllJ Ile\icao FlJlJds W;OLI\lJ
(ira\ Ca!"\ Ware & Freideonch
. . Diane Powers'" Bill Kolender
John CampbeW Bazaar del Mondo Sheriff, Counn of S:lJllJiego
La Jolla Beach & Tennis Club . ,
Patricia L. Roscoe GIlbert A. Partuh¡
Ben G. Clay (Secretary)" Pani Roscoe & ,lssoCiates Grl'all" San lJie~o Chamber
Carpi & Clal of Commerce
Hal G, Sadler
Patricia Cohen'.\lbrecht Tucker. Sadler & Associates. .-Ill Sandy Purdon
Cohen Latino Communications S:lJl Die~o Imernatiooai Sports Couocil
Elsa R, Sa-'od
Gus Colachis' U,-IIe\ic<> Border Pro~ress Foundation Daniel 0, Pe~g
JC ReslJrtS EclJ"oouc lJelelop""'i1l CIJ'l1Or;UIIJ"
Liejuao B, Tlntns Funeke
Joseph W, Craver Secreta!"\ of Toorism. Anthony Pico
Gaia-,ie )Ian;¡~emem. Inc. Baia California Sta« Go\ernmem Kumm", Indiao Tribe
C. Michael Cross R.,nda Trapp Reint Reinders (President/CEO)"
Sea World of Ctlilorn"t San lJie~" G", & [Iectne Compam Sao lJiego Comention & lïsno" Bnreau
Tom Fa! Thomas C, Vincent Ron Roberts
China Camp San Die~o Prince" San Diego Coun~' Board 01 Suremso"
Danah Fayman Ray Warren Jerry Sanders
Partoers lor üyahle Places-San lJìe~o Sal; Die~o )Iarriott liotel & ,larina (hid of Police, Cin of San Dil'~o
Patrick Fearn" Ron Yanura William B. Sailer'
Certilied folder Displa\ S'Ul Die;, Tr:Ulsit GrJ\ CaJ"\ Ware & Freidenrieh
Dr. Joyce M. Ganas (TreasurerY Karima Zaki,Pope" Valerie Stallings
San Die~o Stale Vniversin' Red Uon lIotei Couneilmemher. City of Sao Oil'~o
Stephen J, Gold Jess Van Deventer
SherJ",n ¡irJnde Torrev I'lIles S:lJl Die"o Enilied Port Distriet
"Lvtel/lit'" Cummllle" 0
Mel Katz' Carol Wallace
Manpower TemporJT;' Se!"\'iee' S:lJl Die~o Cnnvemion Center Corp
Dougla.' F. M;mchestcr Ronald Z"ppardino
i Ilaochester Iborts S;1Il Dil'"o Ibl"nr;lIlt Issoe:;,,"'"
: ¡
I / 7~';¿cJ I
I
ATTACHMENT F
'1'V1Ê
¡,i~Ú~~;,~~;~t;i¡~
1997 - Another Banner Year for San Diego's Visitor Industry!
s we ring in the rate growth is e>.:pected to con, age. Our largest target market,
new year, I see tinue above the inilation rate. Southern California, has also
every indica, In addition to the myriad other stabilized economically and ìs
tion that 1997 proJects to which I alluded, San enjoying increased job growth.
will be another Diego ,,";11 soon see the first With a solid economy comes
banner year for major new hotel to open since consumer coniidence - and the
>-.... San Diego's tourism sector - 1993, the Four Seasons Resort desire to spend those discre,
~ the fourth consecutive year of Aviara 'with 331 rooms, tionary dollars for pleasure
\- gro,^w for our visitor industry' As a result of this positive travel to San Diego. Frequent
As in no time in the past, the growth, overnight\~sitors, both and low COSt air transportation
:j San Diego region, from Nonh those sta)~ng in hotelimotel from Northern California to San
~ COUnty to Chula Vista, is in the rooms and those sta)~ng in pri, Diego makes it easier than ever
throes of eÄ1:ensive development vate households, are projected for these '~sitOrs to reach our
'í::- which will positively impact to increase as well. The total sunny shores.
~) tOurism ior years to come. In number of overnight visitors Five of the strongeSt meao-
the next issue of should corne very politan areas nationally are in
ConFisions, we will close to 14 million the Western United Stales, anè
outline these major for 1996; it is antici, we hope to attract more ,'¡s}tOes
projectS, both proposed pated to reach 14.25 from these areas over tbe next
~ and in progress, which million in 1997. yeaT. .AJso, we e>.:pect the na-
will directly affect our In this issue of tional e>.:posure San Diego re-
industry and add bil, ConFisions, you will ceived from the Republica!"!
.\J lions of do11ars to the read about our grow, National Co!"!vention to belp
'-... regional economy. ing popularity as an ìncrease awareness of the reo
,~ I'm happy to report international '~sitor gion among visitors in otber
~ that preliminary íigures indi, destination. We e},:pect ,-isitors areas of tbe countr\", which re.a"
cate that 1996 was one of the from both the PaciÍicRim and also eventUally m;'n lDcreased
~ most successful years for San the SoUth American market to visitOrs from these markets.
Diego's hotel industry. Buoyed increase significantly in 1997. On behalf of the San Diego
\J by the success of the Republi, Visitors from Canada ",~11 find Convention &. Visitors Bureau,
\} can. National Convention in it more convenient than ever to 1 would like to ,^~sh vou and
August, San Diego is.on a pace fly to San Diego, "'~th the addi, your families a very i,cahhy,
~ to post the highest occupancy tion of tWO .AJaska Airlines di, happy and prosperous 1997!
rate in eight years, For 1996, rect daily f]jghts from
~ area ,wi de occupancies are pro, Vancouver.
~ jected to come in around 68 Approximately one-half of al1 ~I ~.@.,
........ percent, "ith the average daily our visitOrs come from Caliio!,
room rate estimated to be dose nia, therefore the health of the
to £79 for the year. state economy has a direct ef,
And a11 indices point to a feet on our local visitor indus,
continuation of this gTo'\1:h in try. I'm happy to report that, Reinr Reinders
1997 - After more than a decade, again this year, the state of President /» CEO
hotel occupancies are forecast Caliiornia is forecast to grow at San Diego Conl'emion
to break 70 perc~nt and room a rate above the nationa] aver, e:) Visjrors Bureau
J7---cÅ /
7/15/97 ATTACHMENT A-3
Minutes
January 21, 1997
Page 4
Gerald Young, Senior Management AssislAnt, answered that an estimate was not conducted, but the work would
be minima] and primarily access the documents needed as source material for the consultAnt.
Councilmember Moot asked if explanations were given by the two people who did not respond to the RFP.
Mr, Young answered the firm of Ralph Andersen indicated they were not interested due to their other priorities,
A representative from the firm of Willdan suggested Marty Chase.
Councilmember Padilla reiterated that it was important for staff to spend more time to anticipate particular tasks
lil::e this to examine ways of handling the work in-house,
RESOLUTION 18554 OFFERED BY COUNCll..MEMBER PADll..LA, reading of the text was waived, title
read, passed, and approved unanimously 5..().
11. REPORT CONSIDERATION OF RENEWAL OF MEMBERSHIP IN THE SAN DIEGO
CONVE!'ITION AND VISITORS BUREAU (CONVIS) AJ\'D PAYMENT OF AI\I!'I'UAL DUES FOR
CALENDAR YEAR 1997, San Diego Con Vis has invoiced the City for annual membership dues ofSl0,500. Tne
Chula Vista Chamber of Commerce has questioned the necessity and cost effectiveness of maintaining the City's
membership. The purpose of this report is to discuss the pros and cons of maintaining membership and to request
Council direction as to whether or not the dues invoice for 1997 should be paid. Staff recommend.<; Council approve
the City's membership in the San Diego ConVis for 1997 but advise them that continued future membership is
contingent upon providing more effective marketing for South Bay attractions, as well as a South Bay presence on
the Board of Directors and a greater opportunity to participate in the overaIJ Con Vis program. (Deputy City
Manager K.rempl and Public Information Coordinator)
Mayor Horton stated she previously discussed with the President and CEO of San Diego Con Vis the concern of
Chula Vista's Jack of presence on the Board. The Board will be making their recommendAtion and voting on this
issue within the next month.
Jeri Gulbransen, Public Information Coordinator, stated in the past few years, there has been an increased Jevel of
awareness from San Diego Con Vis regarding Chula Vista's activities. Chula Vista has been mentioned regularly
in their newsletter, as well as their press releases and web page.
Councilmember Salas asked if Chula Vista was guaranteed a Board appointment.
Mayor Horton replied there is no guarantee, but it is being recommended accordirig to top officials of San Diego
ConVis.
Councilmember Salas stated there is a need for Chula Vista to have a stronger presence on the Con Vis Board,
because we have attractiollS that are desirable to the public. She felt that participating with Con Vis was important,
because we cannot match dollar for dollar the pubJici!)' we would receive from them.
Councilmember Padilla felt that Chula Vista did not receive much coverage on web page. There are valid points
raised by the Chula Vista Chamber regarding other cities that are not members who receive the same coverage as
Chula Vista, He asked what was the difference between City government being a member or for the City to be a
member through the Chamber.
Ms, Gulb= replied one of the major things we receive is a greater presence for Chula Vista in the overaIJ
regional membership, and it will help promote our tourism/visitor industry, Chula Vista is specifically mentioned
in their newsletter, and the non-member cities aren't. ConVis has been supportive in belping Chula Vista plan for
some of the major tourism activities and integrating those into the overall region. J 7 ,. c-27
Minutes
January 21, 1997
Page 5
Mayor Horton believes Chilla VistA will gain a position on the Board of Directors, and by approving this item,
Chilla VistA will have a greater voice in what ConVis does, which will be beneficial to the entire community.
Councilmember RIDdone suggested maintaining the membership for another year, and if Chilla VistA does not
receive an appointment to the Board and if there are not improvements, he woilld not vote for this in the future,
('.onncilmember Moot concurred it was important for Chilla VistA to receive an appointment to the Board and onJy
if ¡hat occurred woilld he support payment of the dues,
Councilmember Padilla raised the issue that this exact same discussion regarding a Board appointment was made
the previous year, and the Board appointment did not happen, The Chamber indicates Chilla VistA can receive equal
representAtion through its membership, We can save money, take the balance of those funds, and direct them
ourselves to guarantee we receive the kind of publicity and promotion for Chula Vista's assets that we want. He
felt that ConVis' primary focus is to promote the City of San Diego, and our focus should be to promote Chula
VistA. If Chilla VistA continues to have the ability to participate with San Diego ConVis for a lesser amount of
money, we have the opportunity to direct those funds to someone who will work exclusively on promoting ChuJa
VistA.
Councilmember RIDdone suggested a six month membership with ConVis to ensure ChuJa VistA receives an
appointment to the Board.
John Goss, City Manager, commented that given the size of the San Diego's budget versus our smaIJ size budget,
Con Vis really promotes San Diego and tries to draw people to the city, The people that Con Vis will draw in will
also take advanage of the attractions in ChuJa VistA such as the waterpark, MCA amphitheater, Olympic Training
Center, and the Nature Inletpretive Center,
. Rod Davis, 233 Fourth Avenue, Chula Visa, CA, Executive Director of the Chamber of Commerce, stated
whether ChuJa Vista has a seat on the Board or not, our treatment by ConVis is directly proportionable to the
number of Convis members and the attractions a City has. He mentioned there were cities in North County who
have never belonged to ConVis and have people on the Board. We have a wonderful Nature Center, steam railroad
at Rohr Park, and some nice places to visit at the Marina; but we haven't had what you call tourist attractions,
There are 18 entities in this County and onJy 3 belong to ConVis: San Diego, Chula Vista, and Coronado. He
suggested the money would be better spent by allowing the ChuJa Visa Chamber to advertise ChuJa Vista's
attractions. In his opinion, the only difference between a Chamber membership and a City membership is the
Mayor would not receive a seat on the Advisory Committee, and the City's name would not be included as a
member,
. Councilmember Padilla believed it was premature at this stage to move with ConVis, and felt it was more prudent
to allow the Chamber the opportunity to promote Chula Vista, In a year or two when some of our new projects
come on-line, the City can =amine 1JSÏng both Con Vis and the ChuJa Vista Chamber,
.
Mayor Horton stated the major improvement is that Chula VistA has built a stronger relationship with ConVis
through City staff and Council meetings. Convis is more aware of our City and she could not put a price tag on
having this type of re1ationship. She added that the ChuJa Vista Chamber did not have this type of relationship with
ConVis,
MSC (RindoneJPadilla) to approve $350 for a Chula VISta Con Vis membership with the Chula Vista Chamber
of Commerce, and for the Chamber to use the remaining 510,150 balance to provide publicity for Chula VISta
activities and tourism.
Councilmember Salas stated an appointment to the Board is important because we would be a regional player in the
tourism industry, particularly at this time when Chi 7~ )..ÿrojects that will turn into tourist attractions. She
Minutes
January 21, 1997
Page 6
expressed support of Mayor Horton's option of a membership with ConVis, but for six months' dues to ensure we
have SOme kind of leverage that they are serious in appointing a member from Cbula Vista to their Board.
Mayor Horton indicated she would not support the motion for the reasons earlier stated, She concurred with staff's
recommendation and stated there is a need to look at this more on a regional basis. If we obtain a seat on the
Board, we will be able to do that and enhance the yjsibility of our community through that networlcing system.
VOTE: Motion failed 2-3 with Horton, Salas, and Moot opposed,
MSC (MootlHorton) to approve a six-month membership with San Diego Con Vis for 1997, approved 3,2 with
Rindone and Padilla opposed.
ITEMS PULLED FROM THE CONSENT CALENDAR
(None)
OTHER BUSINESS
12. CITY MANAGER'S REPORTrs) -
a. ScbeduIinp of meetinps.
8 Goals Workshop. Mr, Goss reminded Council of the goals workshop to be held on Saturday, 1/25197 at
9:00 a.m.
8 Scbool Board Meetinp. Mr. Goss suggested a joint meeting with the two School Boards for 02/19/97 at
5:30 p.m. Council concUIred.
8 CO2 WorksbOD. Mr. Goss reported the next regular workshop is scheduled for 02/13197 regarding the Chula
Vista CO2 reduction plan.
b. Chula Vista Main Library, Mr, Goss reported that the CbuIa Vista Main Library was dosed due to a minor
asbestos problem, The library is expected to re-ope:n for public use on 02/28/97, The employees from the main
library will temporarily worlc at the South Cbula Vista Library, whose bours have been extended to aIlow library
service to the public,
13. MAYOR'S REPORT(s)
a. Ratification of appointment to the Design Review Commission - Patricia Aguilar. (To fill vacancy created
by resignation of Commissioner Stokes, whose tenn expires 6/30/2000.)
Councilmember Salas commented that Patricia Aguilar's fust recommendation was for a position on the Planning
Commission, and she requested clarification to make sure a qualified applicant was not precluded from being
considered for the Planning Commission.
/?:-ø2f
7/15/97 ATTACHMENT B-1
INFORMATION ITEM Item /~
Meeting date~'~
. .
TO,..-.Th~HO",mbi, Mayora""CüyC~""'" . ~
VIA, Johri D. G"". Cüy Ma...", JGj ~
FROM, Ge"ge K'empl, De"",,, City M",age, t:.
Jeri Gulbransen, Public Information Coordinato
At the City Council meeting of Jan. 28, Councilman Rin one raised questions about
membership eligibility for the Board of Directors of the San Diego Convention & VisITors
Bureau. Councilman Rindone noted that these concerns were expressed in a discussion
with Chula Vista Chamber of Commerce Executive Director Rod Davis. Staff spoke with
San Diego ConVis staff, received a copy of their Bylaws and met with Mr. Davis. Three
issues were identified and responded to as follows:
1) What is the board application/nomination process? Attachment"N is a
five-page briefing paper that details the San Diego Con Vis nomination and election
process. No formal form is required to make a nomination and nominations may be made
verbally or by letter. As Council is aware the names of Rod Davis, Scott Alevy, Richard
Zogob and Jeri Gulbransen have been submitted to ConVis as potential board
candidates, The Nominating Committee begins meeting in February and submits a slate
of candidates to the Board of Directors in March.
2) Can a City representative be a voting director? Yes. No language exists
in the San Diego Con Vis Bylaws that prohibits a City representative from being nominated
or elected to the Board of Directors. Attachment "B" is a letter from Vice President of
Community Relations Salvatore Giametta confirming this interpretation as well as the
section of the Bylaws regarding the Board of Directors. And, as Councilman Rindone
requested, the name of the City's Public Information Coordinator Jeri Gulbransen has
been submitted to the Nominating Committee.
3) Are there other Chula Vista businesses that might be considered for
nomination to the ConVis board? Attachment "C" is a list of the CITY's other active
ConVis members who would be eligible for nomination to the Board of Directors. Mr.
Davis has indicated that White Water Canyon water park also has recently joined the San
Diego ConVis. Should Council wish to submit the name of an individual from one of
these other businesses, please notify staff as soon as possible to meet the Nominating
Committee's schedule.
In addITion, San Diego ConVis has a number of active Standing Committees and Chula
Vista is encouraged to submit the names of nominees to serve on these committees, It
is not a requirement to be on the Board of Directors in order to serve on a committee.
--
/7-.2.7
~
?!:-:. '.'. '...." ,. ,'.
.-.".- ..."
7/15/97 ATTACHMENT B-2
ATTACHMENT A
SAN DrEGO CONVEN11ON & VISITORS BUREAU
(ConVis
ConVis is a community organizafjon with the goal of dllVllloplng, promoting and maintaining. a
hlKlllhy conYlll1lion and visilor industry in the San Diego region In a manner thatwill benefit the
ccmmunity economically, culhJrally, socially and environmentally. k a community organization,
the Bureau seeks out l&adership representing a broad diversity of interests from ell 5egmenls of the
nag.on.
'The maior function of ConVis is 10 promole the visitor industry, with particular emphasis on the
affraction of organized group meetings such as convanIions, as well as the leisure Ir-avel morket.
Adårfianally, the Bun=au 3Upplamenb its pl'OlTlQlitmal adivitie3 by serving as the central organize-
fion for harmonizing the inhmlsls of the tourism industry..
Par1icipation in the Bunonu
In addition to general membership in the Bureau and participation in Bureau related odivifies such ~.
as MDœn., Fcrums, cooperoñvø advariisins, etc:., ritere Œ'B søveral other avenues for Involvement In
the Bureau.
Soard of Directors
ConVI1 is governed by a voluntes- board of diTDdors who are elðC!ed to three year terms (maxi-
mum of two terms) by the Bureau', general mernk~hip. The 39 member Board indudes 19 repre-
senIaIives who are directly associaied with various tourism industry sedors and 20 non-industry
affiliates.
Individuals inlerestød in serving on the ConVis Board of DirBdors may write 10 the Chairman of the
Board.
Mr. H.L Bert James, Chairman
San DIego ConvMIion & VisIIors Bureau
C/O HIlton Beach & Tennis Resort
1775 E: Mkdon Bay Drive
San Diego, C4 92109
fAG! 1 Of" 1;7 --02. ¿,
[r~"}
Standing CornmÎt1881
Bureau members, upon invilalÎon, may serve on one of five standing committees, AppoIntmenTs 10
ecx:h commit1we are made by the Chairman of the Boord in consultation with the Committee Chair.
Following is a listing of each ccmmit1we and their respeclive missions/objectives.
. Community RølcJIions
. Hot8I Sa'"
. M8mI:Ienhip
. Morbfing
. Travellnduatry Sale,
COMMUNITY RElATIONS -1be Communily R8Iations CommÏIIM shall:
. Concern ibelfwith all matters relating 10 ConVis' funding from govemmenlal
apes;
. Devise and c:a1T)' ouT plans 10 enhance ConVls relolions with all govemmentcl
funding bodies;
. Support ConVis' efforts 10 obtain funding from government;
. Support ConVis in governmental advocacy programs;
. Strengthen unclersianding of the visilor industry's role within the community ond
ensure that the industry receives input from the communily on its opinions and
altitudes tcward the visitor industry;
. Alert the Board of Directors Ie issues of public policy of potential concern to ConVis
and the visitor industry, and advise the ßòord of Directors regarding the position of
ConVis on such issues.
HOTEL SAlES . The HoI8I Sa" Committ88 shall:
. ExTend Ihe efforts of the ConVis Soles DIvision 10 enhance the economy of San Diego
by supporting programs 10 increase meetings and conventions development;
. Review the goals and objec:tiws of the Soles Department section of the annual
morketing plan, including convention soles, convention facili1y soles, and convention
services;
. Actively porticipate in the development and implemenlalÎon of promotional programs
10 acni8V8 the soles gools as set forth In !he annual marketing plan/progrom of work;
PAGUOF'
_. .. 17/~ 7
. Function asliailOn between CanVis, the membership, the industry and the community
to promote the exchange of infonnation and build awareness of Bureau sales
programs and achilMllTleflls;
8 Support the efforb of ConVi¡ in the promolion of Son Diego as a host site for
industry mMlings and special events.
MEMBERSHIP - The Membership CoImnitl8e shaH:
. In concert with the staff and established polides, coordinate and stimulate members
to remain adive and to solicit nllW memberships;
8 Keep aware of the Cldivities of the Con Vis Membership Department by meeting with
key membership and staff personnel at Ieost IMII')' month;
8 Keep appriJed of the progress against the annual goal and morlœting pion;
. Analyze and develop ideas for more elfediYII Membership Department policies and
activities:
8 Act as ambassadors and allBnd member¡hip-sponsored mixers and other ~enb to
provide infonnation and assistance to members and potential members.
MARIŒTING - 'The MorIceting CommlffM shall:
. Support and extend the efFor1s of the ConVis staff to enhonœ the economy of San
Diego through marketing, promotion, and travel industry sales efforts thot position the
city as a desirable travel destination;
. Provide industry support and leadership in the communication of the ConVis
maJÌ¡eting goals to the community;
. Provide recommendations for research, advertising, notional public relations and
other promotional programs that assist in the ottainment of marketing goals
cantgined in the annual marlœting plan. k; appropricm:, ~ew and support
additional s1aff recommendations which further achi- ConVis' marketing goals;
8 Assist in Ihe preparation of the annual morteting plan. Support staff
rec:ommendations of Ihe marketing plan and recommend th~ plan to the Executive
Commill1le;
. Function os liaison between ConVis, the industry and the community promoting the
exchange of infcnnation and assisting in the coordination of programs which
increase the awareness and preførønœ for San Diego as a desirable destination.
PAGE3OF-4
17-;¿~
ConVis members interested In serving on a Bureau slandin8 committee may write to the Chairman
of the Board with courtesy copies 10 the chairman of the committee and staff liaison.
Mr. H.L Bert James, Chainnan
San Diego Conwnlion & VIsitors Bureau
C/O HiIIDn Beach & Tennis ReIOI't
1775 E. Mission Bay Drive
San Diego, CA 92109
Commin. I chairman Slaif Uaison
Community Relations
Dr. Joyce M. Gallas Solvotore Giametta
Decm Vice Presidant of Community Relations
College of Professional Studies and fine Arts Son Diego Convention & Visitors Bureau
San Diego Sta18 Uniwrsity AD1 B Street, SuÏ18 1.400
San Diego, CA 92182-0412 Son Diego, CA 92101
HoI8I Sales
Hw.. Karima Zaki-pope Sandra Butler
General Manager Vice President of Soles
Red Uon HatøI San Diego Convention & Visitors Bureau
7450 Hœard Center Drive 401 B Street, Suite 1.400
San Diego, CA 92108 San Diego, CA 92101
TMlftllndustry Sala
Gus CoIachis John Reyes
Exocutivc Viœ PresidŒ1t Associate Vice President of Sales
JC Resorts San Diego Convention & Visitors Bureau
533 Coast Blvd, South 401 B Street, Suite 1400
La Jolla, CA 92037 San Diego, CA 92101
M.mbenhip
Ntr. Patrick Fearn Dona Donoto
Vial President Diredor of Membenihip Development
Cer1i~ed Folder Display San Diego Convention & Visitors Bureau
1120 Joshua Way 401 B Street, Suite 1400
VISta, CA 92083 San Diego, CA 921 01
Marbting
Wu-. John Campbell Anne North
Gøneral Manager Director of National Public Relations
La Jolla Beach & Tennis club San Diego Convention & Visitors Bureau
2000 Spindrift Drive 401 B Street, Suite 1400
La Jolla, CA 92037 San Diego, CA 92101 DIF
7/96
"'OUOPA
/7-21
ELECTION TIMETABLE FOR 1997 BOARD OF DIRECTORS
122Z
February Board Meeting With Board approwl, Chairman of the Board
appoints a Nominating Committee composed of fIVe
Bureau members, at least two of whom shall be
members of the Board.
lfiZ
February Nominating Committee meets, prepares slate of
nominees and contacts them to outline
responsibmties if nominated, and secure
commitment to serve.
l22Z
March Boarq Meeting Nominating Committee presents list of candidates to
the Board of Directors for approval; and
Board of Directors establishes RECORD DATES for.
. April 1 - Determining which members are
entitled to vote for the election of directors;
and
. April 30 - Oose of Nominations.
After April 1 Written notice of candidates nominated sent to
eligible members.
April 30 Close of nominations, 5:00 p.m.
May 1 Ballots prepared and mailed to eligible members.
May 17 Polls close at 5:00 p.m.
Week of May 20 . Counting of ballots by staff. (In the event of a
tie vote for any director{s), II committee of
three election judges shall detenTIine the
succ:essful candidate by such lottery as they
shall devise.)
. Nominating Committee meets to review
results of election, prepare II slate of Board
officers and secure their commitment to
serve.
May Board Meeting Report on results of election and presentation of
slate of officers for election by the Board of
Directors.
/7- J cJ
7/15/97 ATTACHMENT B-3
ATTACHMENT B
$V
'ef~
CONVENTION & VISITORS BUREAU
February 6. 1997
Mr. George Krampl VIA FAX 585-5612
Deputy CUy Manager
City of Chula Vista
276 Fourth Avenue
Chula VISta, CA 91910
Dear George:
Thank you for your telephone call this afternoon requesting clarification on "Board'
member aiteria fer the San Diego Convention & Visitors Bureau. Your interest in the
Bureau is welcome and appreciated,
As discussed, the Bureau's aileña for 'Boan:f' membership (for both voting and non
voting members) can be found in Article VI, Sections 2a and 2b (page 14) of the
Bureau's bylaws, a copy of which I provided to your office last week.
At. you have found in your reading of the bylaws, there is no preclusion of eligibility for
employees of municipal government In other words, city employees may be
considered for nomination to a slate of "Board" candidates, There is nothing in the
bylaws which precludes the "Board's' Nominating Committee from making such a
recommendation.
I hope this helps to clarify the matter concerning "Board' membership. Should you or
any member of the CUy Council have additional questions regarding the Bureau's
'Board" appointment procedures, please do not hesitate to give me a call (557-2837). I
have enclosed two items which may be helpful in your review of our election process.
SincerelØ/
~-
Vice President of Community Relations
Attachments
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~: To borrow money and incur indebtedness for the
purposes of the Bureau and to cause to be executed
and delivered therefor in the corporate name the
promissory notes, bonds, debentures; deeds of trust,
mongages, pledges, financing statements,
hypothecations, or other evidences of debt and
security therefor.
Ei!!hth: To terminate or suspend memberships or expel or
suspend members as provided in Article III, Section
7 of these Bylaws.
Section 2. NUMBER AND OUALIFICATION.
a, Votin!! Directors. The Board of Directors of the Bureau shall be
composed of thirty-nine (39) members of the Bureau, or
representatives thereof designated in accordance with the
provisions of Article ill, Section 3 of these Bylaws, a majority of
whom shall be Non-affiliates,
b. Non-Votin!! Directors. In addition, Honorary Life Members, a
designated representative of the City of San Diego, and such other
persons as may be appointed from time to time by the Board of
Directors shall serve as ex officio members of the Board of
Directors and shall have all the rights and privileges of directors,
except the right to initiate or second motions and to vote.
c. Elioibilitv for Reelection. No voting director shall be eligible for
reelection after six (6) consecutive calendar years of service as a
voting member of the Board of Directors, but a member, or a
representative thereof designated with the provisions of Article III,
Section 3 of these Bylaws, shall' be eligible for election as a
director at any time after a one year absence from the Board of
Directors,
Section 3, VACANCIES,
a, How created. A vacancy or vacancies on the Board of Directors
shall be deemed to exist in the case of the death, resignation or
removal of any director, or if the number of directors be
increased, or if the members fail to elect the full number of
directors to be voted for at any election, Directors may be
removed, upon vote of the remaining directors, for any reason
14
/7-3;2..
ATTACHr'IENT C
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7/15/97 ATTACHMENT B-4
INFORMATION ITEM
DATE: April 17, 1997
TO: The Honorable Mayor and City Council
VIA: John D, Goss, City Manager ~
FROM: George Krempl, Deputy City Manager ~
Jeri Gulbransen, Public Information Coordinat
RE: Nominees for San Diego Convention & Visitors Bureau Board of Directors
As Council is aware, a major concern about renewing the city's membership in the San
Diego Convention & Visitors Bureau (ConVis) was gaining representation on the
organization's Board of Directors. In January, Council authorized payment of half of its
annual membership dues of $1 0,500 and submitted the names of Rod Davis, Scott
Alevy, Richard Zogob and Jeri Gulbransen to ConVis for consideration by their
Nominating Committee, The Nominating Committee began meeting in February and
submitted a slate of candidates to the Board of Directors in March,
Subsequent to a slate being presented to the Board of Directors, the following Notice to
the Membership was mailed, Chula Vistan Scott Alevy, also a member of the staff of
the Nelson Communications Group, is one of the 16 nominees. Also nominated is Elsa
Saxod of the U.S.-Mexico Border Progress Foundation, who serves on the Board of
Directors of the Border Environmental Commerce Alliance (BECA) in Chula Vista,
Attached is the full list of nominees for Council's information which includes the balloting
timetable,
As per Council direction, staff will return in June before the City pays the second half of
its dues.
Attachment
/ 7~ 3 i
-',
,
9D~f Apri17,1997
CONVENTION & VISITORS BUREAU
NOTICE TO THE MEMBERSHIP
NOMINEES FOR BOARD OF DIRECTORS
SAN DIEGO CONVENTION & VISITORS BUREAU
In compliance with Section 5(b) of Article VII of the Bylaws of the San Diego Convention &
Visitors Bureau, a nominating committee comprised of Tom Cartwright, Gus Colachis, Joyce
Gattas, David Nuffer, and Karima Zaki-Pope has nominated the following candidates who
have consented to serve as directors of the San Diego Convention & Visitors Bureau fortenns
as shown above, ifelected. There are sixteen (16) positions to be filled.
THE NOMINEES SELECTED ARE AS FOLLOWS:
For a three-vear tenn commencinq July 1. 1997
ScottAleyy Tim Fennell Ralph Pesqueira
Nelson Communications Del Mar Fairgrounds Ellndio Mexican Foods
Group
Larry Gittins Jill Sheffield
Hal Brown Radelow-Gittins United Airlines
SDSU College of
Business Administration John Hawkins Elsa Saxod
Cloud Nine Shuttle U.S.-Mexico Border
Ian Campbell Progress Foundation
San Diego Opera Jeff Mabe
American Airlines Tom Vincent
Ben Clay San Diego Princess
Carpi & Clay Joe Martinez
Martinez, Cutri & McArdle Ray Warren
Tim Considine San Diego Marriott
Considine & Considine Robert Payne
Multi-Ventures, Inc.
THE BYLAWS PROVIDE THAT A WRITTEN PETITION MAY BE SUBMITTED FORAMEMBER TO BE
PLACED IN NOMINATION IFTHEWRITTEN PETITION IS SIGNED BY THIRTY-TWO (32) BUREAU MEMBERS
AND DELIVERED TO THE PRESIDENT ON OR BEFORE 5 P.M" APRIL 3D, 1997, THE NOMINATING COM,
MITTEE HAS GONE THROUGH A CAREFUL PROCESS OF SELECTION, BUTTHERE MAY BE OTHER
WORTHY MEMBERS WHOSE NAMES MIGHT WELL BE PLACED IN NOMINATION.
Ballots will be mailed to the membership on May 1, 1997 and must be returned to the
Bureau offices no later than 5 p.m. on May 14,1997.
'C'll.'", ,,",¡'ú¡ ':'C"::'-';9?¿~11-£:ì2323101 '0>1619)6969371
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7/15/97 ATTACHMENT 8-5
INFORMATION ITEM
DATE: April 24, 1997
m The Hooornble M,yo, aod c;ly co"",;~
VIA: John D. Goss, City Manager~ ~ .
FROM, Ge",e K",mpl, Dep"ty C;ty M""ec G. 'f:::
Jeri Gulbransen, Public Information Coordinator
RE: Nominations for San Diego Convention & Visitors Bur u Board of Directors
In response to the request at the April 22 City Council meeting, staff is providing this
additional information about the nominations for the San Diego Convention & Visitors
Bureau Board of Directors.
The ConVis Nominating Committee was comprised of 1) Tom Cartwright, Secretary of
the San Diego County Hotel/Motel Association, Director of Marketing and Public
Relations for Premier Ride, and ConVis committee member; 2) Gus Colachis, Executive
Vice President of JC Resorts, (a tourism development company with properties
including the Rancho Bernardo Inn), chair of the ConVis Travel Industry Sales
Committee, and member of the ConVis Board of Directors; 3) Joyce Gattas, Dean of
the College of Professional Studies and Fine Arts at San Diego State University,
treasurer of the ConVis Board of Directors and member of the Executive Committee; 4)
David Nuffer, CEO and Chairman of the Board of Nuffer, Smith, Tucker, Inc., Chairman
of the ConVis Nominating Committee, and Chairman of the ConVis Board of Directors;
and 5) Karima Zaki-Pope, General Manager of the Doubletree Mission Valley (formerly
the Red Lion), incoming President of the San Diego County Hotel/Motel Association,
member of the ConVis Board of Directors and Executive Committee, and Chair of the
ConVis Sales Committee,
With respect to the question of a potential conflict of interest, we are not in a position to
have access to information or evaluate whether any business relationship exists or not,
and whether it might constitute a conflict. Obviously, the Con Vis Board would need to
consider such an issue.
The full list of nominees to the ConVis Board of Directors is attached for your
information,
Attachment
- /)-J6
S~;¡f April 7, 1997
CONVENTION & VISITORS BUREAU
NOTICE TO THE MEMBERSHIP
NOMINEES FOR BOARQ OF DIRECTORS
SAN DIEGO CONVENTION & VISITORS BUREAU
In compliance with Section 5(b) of Article VII ofthe Bylaws of the San Diego Convention &
Visitors Bureau, a_nominating committee comprised of Tom Cartwright, Gus Colachis, Joyce
Gattas, David Nuffer, and Karima Zaki-Pope has nominated the following candidates who
have consented to serve as directors ofthe San Diego Convention & Visitors Bureau for tenns
as shown above, if elected. There are sixteen (16) positions to be filled.
THE NOMINEES SELECTED ARE AS FOLLOWS:
For a three-year term commencina July 1. 1997
ScottAleyy Tim Fennell Ralph Pesqueira
Nelson Communications Del Mar Fairgrounds Ellndio Mexican Foods
Group
Larry Gittins Jill Sheffield
Hal Brown Radelow-Gittins United Airlines
SDSU College of
Business Administration John Hawkins Elsa Saxod
Cloud Nine Shuttle U.S.-Mexico Border
Ian Campbell Progress Foundation
San Diego Opera Jeff Mabe
American Airlines Tom Vincent
Ben Clay San Diego Princess
Carpi & Clay Joe Martinez
Martinez, Cutri & McArdle Ray Warren
Tim Considine San Diego Marriott
Considine & Considine Robert Payne
Multi-Ventures, Inc.
THE BYLAWS PROVIDE THAT A WRITTEN PETITION MAY BE SUBMITTED FOR A MEMBER TO BE
PLACED IN NOMINATION IFTHE WRITTEN PETITION IS SIGNED BY THIRTY-TWO (32) BUREAU MEMBERS
AND DELIVERED TOTHE PRESIDENT ON OR BEFORE 5 P.M., APRIL 30, 1997, THE NOMINATING COM.
MITTEE HAS GONE THROUGH A CAREFUL PROCESS OF SELECTION, BUT THERE MAY BE OTHER
WORTHY MEMBERS WHOSE NAMES MIGHT WELL BE PLACED IN NOMINATION,
Ballots will be mailed to the membership on May 1, 1997 and must be returned to the
Bureau offices no later than 5 p.m. 011 May 14, 1997.
:: J7'"3 7
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COUNCIL AGENDA STATEMENT
Item
/8'75) Meeting Date 07/15/97
ITEM TITLE: /) RESOLUTION RETAINING SHELTER AND ANIMAL CONTROL SERVICE
(3/5ths vote),
/J, RESOLUTION /&>,,¿..IZPROPRIATING $2,500 FROM ANIMAL SHELTER
DONATIONS AND $2,300 UNCLAIMED CASH BOND FUNDS FOR
CONSTRUCTION OF A CATTERY (4/5ths vote).
C' RESOLUTION )9"73.2¡.RANSFERRING $97,396 FOR STAFFING FROM
UNANTICIPATED SALARY SAVINGS AND AMENDING THE FY 97,98
BUDGET TO ADD ONE KENNEL ATTENDANT ($31,624), HOURLY WAGES
FOR OFFICE HELP AT THE ADMINISTRATIVE OFFICE ASSISTANT I LEVEL
($30,072), AND PROFESSIONAL SERVICES FUNDS ($35,700) FOR A
PART,TIME VETERINARIAN AND REGISTERED VETERINARIAN
TECHNICIAN (3/5ths vote),
)) RESOLUTION! ;t7{,~ECTING STAFF TO PROCEED WITH THE SITING,
DESIGN AND CONSTRUCTION OF A NEW ANIMAL SHELTER AND
APPROPRIATING $95,000 FROM DEVELOPMENT IMPACT FEES (DIFI FOR
CONCEPTUAL DESIGN SERVICES AND FINAL ARCHITECTURAL
DRAWINGS ( hs vote),
SUBMITTED BY: Chief of Po ice
Director of Fin nceRP
REVIEWED BY: City Manag~ (4/5ths Vote: Yes- No_)
At its May 20, 1997 meeting, the City Council requested that staff return with a comprehensive
Animal Shelter status report to include the status of the existing facility, a plan for a new facility,
net City costs for providing animal shelter service, a cost comparison of County and City animal
shelter services and an evaluation of contracting with the County for City animal control services.
RECOMMENDATION: Staff recommends retention of both Shelter and Patrol Animal Control
services and construction of a new facility as well as approval of the following resolutions:
Resolution retaining shelter and animal control service,
Resolution appropriating $2,500 from Animal Shelter donations and $2,300 unclaimed cash bond
funds for construction of a cattery;
Resolution transferring $97,396 for staffing at the shelter and amending the FY 97,98 Budget to
add one Kennel Attendant ($31,6241, hourly wages for office help at the Administrative Office
Assistant I level ($30,072), and professional services funds ($35,700) for a part,time Veterinarian
and Registered Veterinarian Technician,
!g~/
Page 2, Item -
Meeting Date 07/15/97
Resolution directing staff to proceed with the siting, design and construction of a new animal
shelter and appropriating $95,000 from Development Impact Fee (DIF) for conceptual design
services and final architectural drawings and feasibility study.
BOARDS/COMMISSIONS RECOMMENDATION: Staff's recommendation is supported by the
community support group, People Empowering The Shelter (PETS).
SUMMARY
In May of this year a proposal was made that Chula Vista consider contracting with the County
of San Diego for animal control services. Staff recommends against that option because, as this
very lengthy report will detail:
. Over the last six months, City staff, in concert with an outpouring of community
volunteerism, has significantly upgraded its animal control facility. These actions were in
response to concerns raised by the Humane Society and by City residents. On June 20,
the County Office of Veterinarian Services conducted an inspection of the facility. Their
findings were that "methods and standards of operation are adequate, and sometimes
better than other city and non'profit animal organizations". We are proud of that
achievement and thank the community for its on-going support.
In Chinese the word .crisis" is written with two symbols: one
stands for "catastrophe" the other for "opportunity". The recent
crisis at the City's Animal Shelter created a wonderful opportunity
for staff and residents to work together in a new and exciting way!
We look forward to continuing that partnership.
. The remaining issue from the original Humane Society Report is the construction of a
cattery. This report recommends committing $4,800 towards that project, which can be
completed within 30 days of plan approval. Staff's recommendation is supported by
People Empowering the Shelter (PETS), the community group providing volunteer support
at the shelter.
. Staff believes that a new animal facility can be open for operation 14 months from tonight.
The report from the County Office of Veterinarian Services as well as a recent report from
the American Humane Association state that the current facility (with the proposed
cattery) has a useful life of two' three years.
. The construction of an expanded shelter to handle the City's animal control needs at build-
out is a project in the City's Public Facilities Development Impact Fee (PFDIF) program.
Funds sufficient to construct a basic $1,5 million facility are available in current,
unencumbered PFDIF fund balance. (The City's cost share in the project will depend on
the final building design that is adopted by CounciL)
. Under the recent County proposal, a contract for a lower level of animal control services
would cost the City $29.295 more in annual operating costs than the cost for providing
services in,house. A contract for shelter services only would cost $55,160 more. Several
important points to note about the comparison are:
/13. :2
Page 3. Item -
Meeting Date 07/15/97
n The County's proposal is principally a single,year proposal, with costs reevaluated
upon renewal.
For FY 1997,98, the City of San Diego's initial proposed contract from the
County is proposed to increase from $1.4 million to $2.1 million because
of overly optimistic County revenue projections for the preceding year.
Staff believes the revenue projections for Chula Vista that were used by the County
in their proposals are overly optimistic.
,- In each budget year. the County's related capital improvement costs would be
spread among participating jurisdictions. If past allocation formulas are used, Chula
Vista could end up paying for new facilities in central and north County, even
though there would be no direct benefit to local residents. This should sound alarm
bells for anyone aware of the problems experienced by south County rate payers
in the trash system. Moreover, even if the County "guaranteed" that only the
capital costs related to south county would be spread to Chula Vista, the County
currently has no methodology to amortize these costs for more than one year. This
could lead to significant year,to'year "spikes" in contract costs.
n Also, the City's share of the County's capital costs would come from General Fund
revenues. while the City's capital costs for its own facilities would come mostly
from the PFDlF,
n In terms of service, the average response time to Priority 1 (i.e., biter, aggressive
and injured animals) calls within Chula Vista is 38.5 minutes, essentially identical
to the current County rate of 38.4 minutes. For Priority 2 (quarantines, confined
strays, cruelty investigations), 3 (dogs running loose, non,venomous snakes) and
4 (public nuisances, barking dogs, relinquishments) calls Chula Vista residents now
receive a response within 8 hours. The County service level is to respond to these
calls within 12-72 hours. Furthermore,;ill calls are responded to by the City.
Approximately 15.6% of calls received by the County are not responded to
because of the service by response by priority only system used by the County.
n The County's field patrol operations operate 112 hours per week. Comparatively,
Chula Vista has four fully dedicated animal control officers, each at 40 hours per
week. Because City staff are fully dedicated to Chula Vista needs, residents
receive faster response times for Priority 2, 3 and 4 calls for service.
n The County shelter is presently open to the public 40 hours per week. Chula
Vista's shelter is presently open 43 hours and will provide full day service on
Saturday effective September 1. Additionally, the City will begin experimenting
with Sunday hours which would increase public accessibility to 52 hours per week.
0 If the City chooses to contract shelter services, it would delete the animal shelter as a
PFDIF project. In essence, the City would be replacing the impact fees to build an
expanded facility with general fund monies to pay for the increased operating costs
/f3..3
Page 4, Item -
Meeting Date 07/15/97
associated with the County contract. Impact fees cannot be used to pay for operating
costs.
. The bottom line for any shelter is pet adoption. When the Shelter Manager is hired, staff
is hoping to work with PETS to develop creative programs to increase the adoption rate.
Possible projects could include:
n a "dog show" whose contestants are all shelter residents. The show could be run
at the City's Lemon Festival, Bonitafest and the Harbor Days celebration, with a pet
adoption booth staffed nearby;
-- a 1 to 3,K run with dog (spayed/neutered entries only), possibly organized as a pre,
event to the Arturo Barrios race.
. Lastly, staff congratulates the CAO and his staff for their proposal. Many times we hear
that government should act like the private sector. Well, the two operating imperatives
of private business are to expand market share and to maximize profits and this proposal
does both for the County. Similar to the County, we also believe in expanding market
share, if for no other reason than to create economies of scale. However, as any
economics major will tell you, those economies increase with size only up to a point. At
some point largeness creates its own diseconomies. Moreover, monopolies, whether in the
public or private sector, operate within their own set of rules. And cost efficiency is
generally not the rule of a monopoly. We believe the public interest and most importantly
the interests of Chula Vista citizens are best served by competition. We are ready to
compete for business with the County; we do not believe we should go out,of-business for
the County.
BACKGROUND:
The City of Chula Vista has been in the business of providing animal control services since 1923.
During that time, the City began providing its kennel services to the City of National City, followed
by full animal control services to the City of Imperial Beach, and most recently, the City of Lemon
Grove, Since then we have received interest from the City of Santee, City of La Mesa and City
of San Diego for animal control services.
Most recently, concerns have been raised regarding the condition of the Shelter and staffing
needs. The process leading to building a new facility in the early part of the nineties slowed down
due to an economic downturn, reduction in staffing to address these types of CIP projects and
other demands (amphitheater, waterpark) for the property originally expected to house the
Corporation Yard and Animal Shelter.
Currently, the animal control service provided by the City reflects a concentration of resources
placing an emphasis on providing field functions, such as, meeting the goal of the department to
provide protection to both the public and animals. The shelter is an older but serviceable facility
that has been enhanced with the addition of staff and some physical improvements and the
operation will be further enhanced with the construction of a new facility, which would then be
the most "state of the art" facility in the County.
/8 - ¿l
Page 5, Item -
Meeting Date 07/15/97
As Council is aware, during the last five years the City has experienced an economic downturn
which has been shared by all City departments through budget cuts and postponement of major
projects. Despite the economic downturn, the City has maintained its vehicle replacement
program which replaced three of six animal control trucks (including cages) during FY 96,97 and
will replace the Animal Control Manager's truck during FY 97,98. Additionally, an Animal Control
Officer was added (including all associated equipment and the purchase of a new truck) using
grant funds during FY 96,97. Overall, the Shelter's vehicle fleet is young with the oldest vehicle
purchased in 1993. The current number of animal control officers is sufficient to cover animal
control demands through the year 2002, While it has not yet been possible to add additional
kennel and office staff on a permanent basis, the department, on an interim basis, reallocated its
resources to provide an additional office person. Moreover, despite delays in the start of the
construction for a new animal shelter, funds (described in Part 2, Strategic Plan for Construction
of a New Animal Shelter) continue to be set aside through the Public Facilities Development Impact
Fees in the Corporation Yard DIF for the construction of the Shelter. Interim Shelter improvements
have recently been completed as discussed later in this report so as to maintain the Shelter in a
safe, clean and functionally efficient manner.
As we illustrated during this year's FY 97,98 Budget deliberations, the economic downturn seems
to have "bottomed out" and the future appears to be more promising for the City of Chula Vista.
As a result, we will be able to focus on staffing and equipment (including automation) needs of
the Shelter and other facilities throughout the City that may have been placed on hold during the
past five years.
DISCUSSION:
This report is in response to Council's request for a comprehensive report regarding the existing
animal shelter and animal control services, a plan for a new facility and a cost comparison and
evaluation of contracting with the County for animal control services, The report has been divided
into five sections.
The first section will address the conditions of the existing facility and findings of the recent site
inspections by both the County veterinarian and the American Humane Association, The second
section is intended to address Council's request for a strategic plan for construction of a new
animal shelter facility, This section will include staff's research and findings regarding shelter
design, construction and costs including available sites and a timeline for construction, The third
section will address staffing needs at present and build'out for the Animal Shelter. This section
includes a description of enhancements to be accomplished by the addition of the staff approved
by Council on an interim basis, on May 20, 1997, as well as potential funding scenarios. The
fourth section is in direct response to Council's request to explore the alternative of having the
County provide animal shelter services, both shelter only and full service, This section will include
the cost for provision of these services by the County. The fifth section will provide Council with
existing Chula Vista only and Chula Vista with contract cities cost, comparison between City and
County animal control services and costs including associated fee schedules, including a discussion
pertaining to why it makes sense to retain animal shelter services (local control, level of service,
economics, etc.).
/6" <5
Page 6, Item -
Meeting Date 07/15/97
.L CONDITION OF EXISTING FACILITY
On January 31, 1997, the San Diego County Humane Society conducted an inspection of the
Chula Vista Animal Shelter at the request of the City of Chula Vista. On February 19, 1997, the
Humane Society raised 12 points of concern which were identified in a report to Council dated
March 25, 1997, A follow,up short,term solution report was forwarded to Council on April 15,
1997.
. To date, all of the San Diego Humane Society's points of concern
have been addressed with exception of the construction of a
separate area for cats.
Most recently staff requested two independent inspections, one from the County of San Diego,
Office of County Veterinarian and the second one from the American Humane Association to
provide an on,site inspection of the Chula Vista facility. The first inspection was conducted by
the County of San Diego, Office of County Veterinarian Services on June 20, 1997. A copy of
the letter describing the County Veterinarian's findings (Attachment 1) is provided for Council's
review.
. The County Veterinarian's findings were "that methods and
standards of operations are adequate, and sometimes better than
other city and non,profit animal organizations". Additionally,
animals were well cared for by both employees and volunteers at
the Shelter. The County Veterinarian's conclusions were that the
present infrastructure should be acceptable for another two to three
years (for Chula Vista and existing contracts), unless a significant
increase of contract cities is added in the immediate future.
The County Veterinarian's letter concluded with a few new technical recommendations to be
addressed by staff such as modifying certain reporting procedures and labeling the storage of
certain chemicals, With the exception of a separate area for cats, these technical
recommendations were not raised in the initial inspection conducted by the San Diego Humane
Society. However, all of the technical recommendations have been implemented at this time
concerning construction of a cattery. Staff is recommending Council take action tonight to
construct a cattery at the existing Shelter until such time as the new animal control facility is
constructed.
. The second inspection of the existing Shelter was provided by the
American Humane Association on July 8 and 9, The verbal
indication is that the facility meets industry standards and its overall
operations received a favorable rating. A written letter highlighting
the findings will be forwarded to staff in the next few days. A copy
will be forwarded to Council upon receipt,
In addition, a local veterinarian, Ken Upton, stated that he has never seen an animal suffering
unattended in this facility and describes the Chula Vista Shelter as "a suitable place to keep
animals awaiting for adoption". (See Attachment 2,)
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A letter dated July 9, 1997 was received from Mary Sessom, Mayor of the City of Lemon Grove,
one of the cities contracting with Chula Vista for animal control services. She indicated that on
June 18, she and Mayor Pro Tem Thomas Clabby toured the facility and were pleased to see the
improvements installed at the shelter, as well as witnessing the "genuine care for animals by Chula
Vista staff..." She stated, "After touring your facility, we are satisfied the animals at Chula Vista
Animal Shelter are being cared for properly and humanely," She adds that, "The level of services
we are receiving in Lemon Grove has been exceptional." In addition, she states, "When compared
to the level of services we received from the County, the last two years with the City of Chula
Vista has been a dramatic improvement." (See Attachment 3.)
The Bahia Sur Kennel Club of Chula Vista President, John Bowen, wrote July 10, "The current
conditions we found at the shelter were exemplary, with the exception of the cat
accommodations." He adds, "It is a well run facility and even our Show Dogs would fare well
there." (See Attachment 4.)
In summary, inspections by the Mayor and Mayor Pro Tem of Lemon Grove, a local veterinarian
plus recent inspections by the County Veterinarian and the American Humane Association have
determined that the present condition of the Chula Vista Animal Shelter meets standards for a
safe, clean facility where animals are cared for properly and humanely with exception of the need
to construct a cattery. Additionally, both agencies have concluded that the present infrastructure
is acceptable for another two to three years. During that timeframe staff recommends immediate
construction of a cattery, enhancement of services (to be discussed under staffing), maintenance
of the existing contracts and construction of a new animal shelter facility within 14 months.
Construction of a Cattery
As described above, the only area of non'compliance is the need to construct a separate area for
cats (cattery) at the existing Shelter. Staff is recommending construction of a wall in the existing
Shelter which will accommodate a separate area for cats. The area will hold the existing amount
of cages which is sufficient and cost $4,800. Construction can be completed within 30 days.
This is a more cost effective alternative than construction of a separate cattery as originally
proposed to Council in April and could be built in half the time frame (30 days instead of 60 days).
The proposed cattery would meet the County Code, 62.645,12(d), requirement to house the cats
in a separate enclosure from the dogs. The total cost includes a separate room for cats, electrical
lighting upgrades, and heating and ventilation. To accomplish the work Staff recommends
appropriating $2,500 from unanticipated Animal Shelter donations and ($2,300) unclaimed cash
bond revenues to pay for the construction. The proposed appropriation will provide the funding
necessary to build a separate room for the cats. The issue of the cost of the cattery vs.
contracting with the County for shelter only services is discussed in Section 5 of this report.
The alternative originally presented to Council in April proposed an interim cattery which would
occupy 612 square feet along the north side of the existing structure. It would house the current
24 cat kennels and 12 additional cages, to be purchased for an approximate total of $6,000. The
structure itself was proposed to be built from donations, and donated materials and labor (which
has been tentatively arranged) or if necessary, through available balances of contractual impound
fees, The expense of buying additional cat kennels need only be incurred once, since these
kennels are on wheels and may be easily relocated to the new site. Thus, under this scenario, to
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Meeting Date 07/15/97
the extent that donations are available for the building itself, there will be no lost city investment
when the cattery is relocated.
The third alternative which is not recommended by staff is that the County provide interim shelter
services at the County facility until the City's facility is ready to occupy. While this is certainly
an option, if Council is interested in constructing a shelter, it is not worth the turmoil caused by
laying off the kennel staff and have them hired (below their current wage levels) by the County
for what would amount to a 14 month period of time, Adding to this is the fact that the County
Veterinarian and American Humane Association have inspected Chula Vista's shelter and found
it to meet standards for another 2,3 years. Again, staff would not recommend this course of
action. Most importantly, the cost for County shelter services is $55,160 above Chula Vista's
shelter service cost.
. Staff's cattery recommendation is supported by the community
support group, People Empowering the Shelter, (PETS) assembled
for the purpose of helping with the overall conditions at the Animal
Shelter. Additionally, both the County Veterinarian and the
American Humane Association have indicated that the proposed
cattery would bring the Shelter into compliance.
b. STRATEGIC PLAN FOR CONSTRUCTION OF A NEW ANIMAL SHELTER
Among the issues which staff has been working hard to address are the capital facility concerns
raised by the Humane Society, Among these were: lack of kennels for large animals, insufficient
heating, lack of impermeable barricades between kennels (to prevent nose,to,nose contact through
fencing material), lack of a separate area to house cats, and potentially inadequate drainage within
the kennels, All but the cattery have been addressed. The cattery is presented again tonight for
an appropriation to be authorized. The kennel drainage will be most effectively addressed via
construction of the new facility, but in the interim, it is be addressed via raised pallets for dogs
to stay dry during cleaning and through close oversight to prevent any puddling.
The completion of the requisite work was verified in reports issued by the County Veterinarian
(Attachment 1) and by the American Humane Association. Other items on which staff continues
to make improvements are the installation of new automatic feeders mounted on the kennel doors
(ongoing) and an automatic watering system (pending).
As the debate on the animal shelter issue has continued, involving various legislative bodies and
the press, there may have been some public perception that Chula Vista's shelter problems extend
beyond these identified issues. The terms used have sometimes been quite emotional and
exaggerated. By contrast, the County's facility as an alternative may have been perceived as a
"perfect" solution, The fact is, both facilities are about 20 years old, and while neither is perfect,
both offer an appropriate level of shelter to the animals in their care. The following (Table AI is
offered not as a criticism of either facility, but rather as an indication that both the City and
County are typical of the style of facility provided in Southern California and both meet the
requirements of County law:
[Table A on next pagel
;6-8
Page 9. Item -
Meeting Date 07/15/97
Table A: Protection from Various Weather Protection
Weather conditions: Chula Vista South County
Rain All rows of kennels and interior Separate roof over each back,
walkways under a single roofed to,back set of 2 rows of
structure, with 3 foot overhang kennels with open air
and waterproof canvas curtains to walkways between. Roof has
keep animals dry in rain 9 inch overhang to keep
animals dry in rain
Cold In,floor and overhead radiant In,floor heating
heating
Wind Reinforced canvas curtains on Open air walkway between
building exterior. Stainless steel on each row of kennels,
three sides of each kennel Landscaped 6,foot fence
surrounds the property,
approx. 12 feet away from
kennels. Stainless steel on 3
sides of each kennel.
Heat Curtains may be opened in hot Open air design
weather to allow greater airflow
through the facility
Some may argue that an indoor, air,conditioned facility is more humane. Nevertheless, considering
the mild San Diego climate, the accommodations listed above for rain, wind and cold and heat are
both reasonable and appropriate.
The options costed below for the construction of a new shelter include: 1) outdoor construction
along lines similar to those at the South County shelter, 2) indoor construction, for reasons of both
climate and noise control. Neither of these options is considered a "cadillac" proposal. They are
intended, however, to meet the City's needs, the needs of our animal population, and all applicable
laws and industry standards,
Master Plan/Corporation Yard Issues:
In looking at the various shelter options, staff started with a Corporation Yard relocation and
expansion master plan that was completed in 1991 by RNLllnterplan, Inc. This master plan
assumed that the animal shelter would be co,located with the corporation yard, with its square
footage, site specifications and construction cost also included in the calculation of public facilities
development impact fees. This plan called for a 1.49 acre facility to serve Chula Vista's needs
and those of National City and Imperial Beach.' Those acreage figures also included space to
serve Bonita, but not the Otay Ranch.
¡The City's needs will be partially paid from DIF, other funding sources will be used to pay for contract
cities.
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Page 10, Item -
Meeting Date 07/15/97
At one time, it was anticipated that the animal shelter and corporation yard could be
accommodated on a single parcel and thus share certain parking, construction and infrastructure
costs. However, there is no requirement (either financially or operationally) that these facilities
be co,located. It is also not necessary that the two proceed on the same timeline.
Among the joint,location sites that have been evaluated are two which are no longer deemed
feasible or are too distant in the future: the Otay Rio business park (site of water park and MCA
amphitheater) and the Sunbow industrial area (which could not be developed until Orange Avenue
is extended). A third site which would be too constrained in its layout and size for co,location is
the SDG&E corporation yard along Maxwell Road. Thus, based on continuing evaluation of
corporation yard options (to be addressed in a separate report), staff has identified a variety of
available parcels, specifically to accommodate the shelter.
The parcels discussed below range from 1.7 to 10 acres. If additional space is available beyond
what might be needed for the shelter, this space may be appropriate for consideration of future
city needs (e.g. satellite office space or equipment storage, vehicle impound, K,9 training course,
or certain retail partnerships to sell animal products or supplies). For the purposes of cost
comparison, however, staff has priced only the acquisition of the required animal shelter acreage.
Land Acquisition:
Based on the existing master plan and a preliminary needs assessment, staff estimated a facility
need of approximately 2.0 acres. Community Development Department Staff identified a list of
12 possible sites. These sites were selected taking into account site size, availability, location,
zoning, land use compatibility, and site features. The sites were all located in industrial areas of
the city including the Otay Valley Road area, areas along Main Street in the southern part of the
city, and the industrial area in the northern part of the city along Highway #54 east of Fourth
Avenue,
Based upon further field analysis, the potential site list was narrowed to the following five sites
(Attachment 5):
1, Sexton Property
Located on Maxwell Road north of Otay Valley Road, this is the 10 acre parcel that the city
recently permitted for a solid waste transfer station and which was acquired by Sexton.
The transfer station proposal is currently on hold due to low tipping fee rates at the County
Landfill. The Sexton Company located in Illinois is also currently up for sale. One of the
advantages of this site is its proximity to one of the city's corporation yard possibilities,
the SDG&E Corporate Yard. The Sexton site is vacant, with a purchase price estimated at
$4.00,$4,50/s.f,
2. Hazard Property
Located on Maxwell Road north of Otay Valley Road, this is an 8 acre site, The property
has the same basic locational and site advantages as the Sexton Property, The site
contains some minimal storage of wood and iron beams as well as a temporary office
trailer. The purchase price is estimated at $4.00,$4.50/s.f.
/6 - /0
Page 11, Item-
Meeting Date 07/15/97
3. Trousdale Property
Located on the north side of Trousdale Drive east of Glover Drive, (up Glover Drive north
and east of the Department of Motor Vehicles) this is an approximately 3 acre site. One
advantage of this site is its proximity to the South Bay Freeway. Any potential noise
impacts of the animal shelter on the surrounding area might be offset by the adjacent
freeway traffic, The site is vacant. The purchase price is estimated at $6.50,$7,50/s.f,
4. Beyer Way Property
Located on Beyer Way between Main Street and Hermosa Avenue, this is an approximately
1.74 acre site and therefor slightly smaller than needed. However, the site can be
expanded to 2.0 acres by adding some available vacant land to it to the west. The site is
vacant and has excellent access and visibility from a major thoroughfare. The purchase
price is listed at $5.95/s. f.
5. Faivre Street Property
Located at the southwest corner of Broadway and Faivre Street, this is approximately 2.47
acres. The site is vacant and has excellent access and visibility from a major thoroughfare.
The purchase price is listed at $6.00/s.f.
For the five different properties, a 2.0 acre property purchase price would vary from $331,000
to $620,700 depending upon the particular property selected and the outcome of negotiations
with the property owner, Using a middle'range price of $5.50/square foot, staff has estimated
a figure of approximately $455,200.
In summary, all of the sites are for sale and available and we would be prepared to return to
Council in 30 days with a final preferred site for which to pursue purchase. Community
Development staff has been assigned to facility negotiate with prospective property owners.
Indoor vs. Outdoor:
One of the concerns that has been raised about the Chula Vista shelter is its semi,outdoor nature.
The shelter consists of a roofed structure with finished acoustic ceiling and chain link fence outer
walls. Reinforced curtains on these fences provide flexibility to open the shelter for maximum
airflow during the summer and shield the animals from nighttime or winter winds. The wind is
further cut by stainless steel walls that have been added to three sides of each kennel. 2 The
overhang of the roof also provides a covered 3' perimeter around the kennel area to keep the
animals dry during the occasional rain storm.
Although this is not the same as having an enclosed building, in combination with in,floor and
radiant heaters, it generally serves to keep the animals comfortable. It is a standard practice in
the Southern California climate to build outdoor shelters. Among those built on an outdoor model
2 The steel barriers have also reduced the incidence of barking, since as the view of most other animais
or peopie walking through the sheiter is eliminated. Cats are also shielded from having visual contact with the
dogs (one of the issues raised by the Humane Society),
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Page 13. Item -
Meeting Date 07/15/97
Construction Timetable:
In an attempt to fast track the construction of a new shelter, staff is proposing to pursue a design,
build process. This would involve a combined bid process for a construction firm and a
subcontracted architect. Estimated timelines are as follows:
Table B: Construction Timetable
Complete site acquisition and concurrent consultant assistance to 3 months
refine the proposed build out animal shelter program and master plan
as well as prepare alternative concept layouts for the selected site
Conduct any needed environmental review, secure any needed 3 months
discretionary land use approvals and provide for a public review
process. Complete final design and working drawings
Go out to bid, advertising the project as a design/build in order to 2 months
save time
Begin and complete animal shelter construction 6 months
TOTAL TIMELlNE: 14 months'
. While this is a very ambitious schedule, staff is comfortable estimating 14 months until project
completion. It may also be possible to acquire the buildings as pre-fabricated construction and
save as much as 4,8 weeks on the construction time.
DesiQn Process:
If a decision is made to move ahead with facility construction, staff has already been in contact
with several design professionals who have worked on other area animal shelters. The ballpark
price for conceptual design services is from $8,500 to $25,000. Final architectural drawings are
estimated to cost an additional $70,000. Staff would circulate an RFP for design of a shelter
which takes into consideration the suggested designs discussed above, Council input, and a public
workshop process. One consultant with whom staff discussed the timeline for such design work
indicated a turn around time for completed plans of approximately three months, depending on the
level of public participation involved.
Interim Facilities:
Since the new Chula Vista shelter would not be ready to occupy for approximately 14 months (See
timeline above). staff has been carrying out a number of interim improvements. These have
included repair of in,floor heating, installation of ceiling mounted radiant heaters, replacement of
chain link kennel walls with stainless steel sheeting, and design of an interim cattery, These
upgrades were noted by both the County Veterinarian and American Humane Association in their
favorable reports for the continued use of our current facility while design and construction of a
new facility is ongoing,
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Page 14, Item -
Meeting Date 07/15/97
Proposed New Chula Vista Shelter Costs:
The estimated cost to build a new facility to serve the Chula Vista and its current contract cities'
is shown on the following Table (C):
Table C: Estimated City Facility Cost
BASE COSTS Initial Cost Phase II Cost* Total
Concept and Final Design $80,000 $80,000
Land Acquisition $455,200 $455,200
Administrative Offices, Work Rooms, Storage $373,200 $83,200 $456,400
Cattery Building $40,250 $14,500 $54,750
Exterior Storage/Corrals $4,000 $4,000
Parking/Landscaping $146,750 $146,750
Furniture, Office Equip, $50,000 $50,000
Staff Time $114,940 $9,770 $124,710
Contingencies $114,940 $9,770 $124,710
SUBTOTAL $1,379,280 $117,240 $1,496,520
Phase II costs would only relate to additional space needed to serve contract cities. Each city would be
proposed to bear a percentage of the total project cost. See further discussion below.
Note: These costs represent rough estimates developed by Public Works staff based on prior master plan
documents and current construction rates. Actual costs will vary w/final program definition and design.
KENNEL BUILDING ALTERNATIVES (Including staff time and contingencies)
Initial Cost Phase II Cost Total
#1 Roof only, metal sidewalls (Similar to County 1,595,280 171,240 1,766,520
facility)
#2 Roof only, masonry sidewalls 1,685,280 193,740 1,879,020
#3 Enclosed structure, metal walls 1,667,280 189,240 1,856,520
#4 Enclosed structure, masonry walls 1,757,280 211,740 1,969,020
The Alternative #1 construction cost shown includes construction of kennels with three solid walls
and a fence gate. The base construction cost assumes only that there would be a roof over the
shelter (as exists at the South County shelter) with an overhang to shield animals from the rain.
Alternatives #2,#4 show expenses to provide an improved quality of construction or to enclose
this area in a building rather than just providing a roof. These initial costs should cover all of Chula
Vista's needs through build-out, As conceptual and final design are completed, these cost
estimates can be refined, with additional reports to Council as information becomes available.
The Phase II cost of additional construction would be incurred if Chula Vista continues to provide
shelter space to other cities (Imperial Beach, Lemon Grove and National City) as well as revisiting
cities. 'The City's needs will be partially paid le~ /t~unding sources will be used to pay for contract
Page 12. Item -
Meeting Date 07/15/97
are the County's Central and South Bay shelters, the Humane Society's San Diego shelter, and
other shelters in Southern California, The County facility provides roofs over the kennels
themselves, but only a minimal overhang in the aisles in between. Thus, the front of each row
of kennels is open to both sun and rain.
While an indoor facility can mitigate some of the concern over exposure to the elements, it also
carries with it potential for increased spread of airborne diseases, greater indoor noise, and higher
cost.
SuQQested DesiQns:
Rather than proposing just one option to build a new shelter along either one of these lines, staff
has prepared cost estimates for both as shown in Table C: Estimated City Facility Costs. The
dimensions and costs assume initial capacity to serve Chula Vista and all of its contract cities
(Lemon Grove, National City and Imperial Beach) through the year 2005, with additional kennels
and other improvements to be added through build'out (projected in 2030).
The outdoor design assumes construction along the lines existing at the County South Bay shelter,
but with rooflines overhanging the kennels and a block wall fence surrounding the kennel area to
block the wind. The site could be set up as either parallel rows of kennels (as with the current
Chula Vista and County shelters) or a square design around a central courtyard (See
Attachment 6.)
The indoor design would be a tilt,up kennel building with appropriate acoustic improvements to
mitigate noise, ventilation to provide complete air exchanges, separate ventilation for the animal
quarantine areas, and roll,up or hangar'style doors to provide fresh air on temperate days. Tilt,up
buildings can be built for a range of prices and construction styles. Generally, this would
accommodate any use which does not require extensive indoor framing. One attractive local
example of a tilt,up structure is the Community Youth Center on L Street, The indoor design
would potentially include two rows of kennels back to back, with a service corridor between them.
Both designs would include in,floor heating, sloped concrete floors, impermeable surfaces to inhibit
bacterial growth, and solid walls between kennels to prevent injuries from chain link fencing. The
administrative offices in both cases would include examination facilities and capacity to add future
surgical facilities (see discussion of Services).
While such designs were considered in staff's preliminary analysis, there is no limit to the number
of possible space configurations. The final design will be a factor of Council's direction on the
type of facility to be built and the design consultant's input on how best to accommodate that
direction on the selected site. Other options that may be considered include: combined facilities
in which each kennel has both an indoor and outdoor area for animals to wander back and forth,
and public/private facilities that incorporate retail space for pet supply vendors,
In summary, staff's recommendation would be to implement the outdoor design because it can be
done in a more cost effective, timely manner; but, still offer very high quality service in a healthy
environment for the animals.
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Page 15, Item -
Meeting Date 07/15/97
the City's growth projections over time. It is proposed that these cities be assessed a share of
the overall facility cost (Initial and Phase II, including land, administrative offices, etc.), amortized
over a projected 40,50 year facility depreciation. Since other City contracts are for much shorter
time periods with no guarantees as to their renewal, the spread of costs between Chula Vista and
anyone else for Phase II improvements will need more discussion as we get closer to that need.
By the time Chula Vista reaches build,out, if the City is still providing shelter space to these other
cities, there would be an additional expense as shown above. If no other cities are contracting
at that time, there would not be a need to build phase II.
Neither the initial or phase II estimates include the cost of providing shelter services for any
additional cities. If Santee, La Mesa, South San Diego or any other agency were to contract for
shelter space, these costs would need to be adjusted accordingly.
The above costs include an examination and treatment room and interior space for a future surgical
suite. They do not, however, include the equipping of this surgical area. This is for three reasons:
1) it is possible and maybe even advisable to continue providing spay, neuter and emergency care
off,site; 2) the County facility to which this shelter is being compared also lacks a sterile surgery
room and 3) it is possible to lease this space to a private vendor and provide surgical services at
no cost to the City.
On the first point, the provision of a full, sterile surgical area is a significant expense and one
which might not be justified given the number of spay/neuter procedures to be performed.
Currently, Chula Vista provides for these procedures through a voucher system and a volunteer
veterinarian, who performs approximately 5-7 operations per week. This is anticipated to be
sufficient to serve most of the animals considered likely for adoption. People adopting other
unaltered animals pay a deposit to the shelter, which is refundable upon presentation of a voucher
showing that they had the pet spayed or neutered at a local veterinarian,
Spay/neuter "clinics" can be carried out regardless of whether the operating room is on site at the
shelter or at a private office. Recuperation time for such an operation is short, so the animals can
be dropped off by the owner at the shelter, transported to the veterinary clinic, spayed or
neutered, and returned to the shelter until their release to the owner the following day, This
alternative provides the same level of services without the cost of equipping a duplicate surgical
facility.
On the second point, the County has proposed construction of a sterile surgical room in their CIP.
The estimated cost of this facility is $58,000, but no schedule is offered for when this facility
might be built, In the meantime, what spaying/neutering is performed on'site is done in the
examination room, The remainder of the procedures are either handled off,site by the adopting
owners (approximately 65% are done by voucher) or are performed at private vets due to potential
complications with performing the procedures on younger animals.
On the third point, in preliminary discussions with local vendors, interest has been expressed in
a private/public partnership to provide animal control services.
The costs on Table C increases administrative space from approximately 1,500 to 2,000 square
feet and adds a conference room/large community room for classes or volunteer meetings.
/9 -15
Page 16, Item -
Meeting Date 07/15/97
Obedience classes would also be accommodated within the landscaped "get-acquainted" areas
or courtyards of the proposed facility.
Automation is another area to be upgraded as part of the new facility. The shelter currently has
an inventory of three microcomputers and uses a computerized dispatching system, The
computerized dispatch system currently in use at the shelter allows for tracking of calls for
services and other animal shelter statistics, Additionally, as part of the Computer Aided Dispatch
bid from Unisys, the City also obtained a unit price bid to add a remote dispatch station and mobile
data computers for the animal shelter ($22,500), While this would offer some improved level of
service via the computerized automated dispatch system, it may not be a necessary step beyond
networking of the computerized system already in place. This issue will be evaluated further in
the conceptual design process.
Implanted microchip reading is a service already performed at the shelter via hand,held scanners
used on all impounded animals. The County uses a walk'by scanner for this service to scan all
parts of the animal, since microchips can drift in the body after injection. Such an installation may
be worth evaluating if the existing equipment reaches the point of replacement or if recommended
via the conceptual design process, but it is not recommended at this time. In the meantime, staff
would recommend continuing to use hand held scanners and simply pass them over the length of
the animal as is done with hand held metal detectors at airports,
Microchip implantation is a service provided by the County to pet owners for a fee. If the City
were to invest in such equipment, it would also charge a fee for its use. Thus, this item would
not be a City cost in either a City-operated or County,contracted shelter and it is not included in
the capital cost projections. Staff recommends referring microchip implantation to the new Animal
Shelter Manager for a recommendation.
Facilitv FinancinQ:
The Public Facilities DIF was established in 1989 and the City has been collecting monies since
that time for various public facilities. The DIF includes approximately $22 million for the
Corporation Yard relocation project, This includes approximately $727,000 for the animal shelter
and kennels, with associated costs for land, parking lots, design, equipment and contingencies
bringing the total amount funded to approximately $1.7 million.
The DIF is divided into two types of funds: those designated for a specific project and those which
are collected in a pooled account, capable of being loaned from one project to another as the need
arises, To date, the corporation yard/animal shelter portion of the DIF has accumulated
approximately $1 million. These funds may QDJy be spent on corporation yard/animal shelter,
related projects, The remainder of the DIF (for all Public Facilities DIF projects combined) includes
$2.6 million which may be allocated on an interim basis to any DIF project. Of this total, $2,4
million was actually collected from corporation yard/animal shelter fees,
The primary concern with the expenditure of these funds is that a sufficient balance remains
available to fund pending DIF projects, such as fire stations and libraries. For 1997,98, these
other projects' funding was taken into account before arriving at the $2.6 million remaining
balance.
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Page 17, Item-
Meeting Date 07/15/97
In addition to PFDIF funds, animal shelter construction can be financed through three other funding
sources: 1) sale of the existing property, 2) advance of other non,DIF portions of the project (e.g.
transit or sewer). or 3) payments by contract cities. In the first case, it has been estimated that
the current 0.71 acre site could sell for $5.50 per square foot or $170,000 (less approximately
$25,000 in demolition and closing costs). Non,DIF portions of the corporation yard project might
be appropriate contributions if a shared facility were planned, such as if a joint parking lot were
to be built. Since the shelter and corporation yard are currently being viewed as stand'alone
facilities, staff does not recommend use of any of these funds toward the shelter. Finally, in terms
of contract cities, the appropriate share of capital costs, amortized over the life of the facility,
would be a topic for discussion in contract renegotiations as current agreements expire in the next
1,3 years, In the short run, there is not anticipated to be significant cash flow from these
contracts to support the up'front construction cost, This leaves available funds of:
Table D: Available Funds
Corporation Yard/Animal Shelter DIF $1,040,000
Combined Available DIF Balances $2,600,000
Net Propertv Sale $145,000
Total Available: $3,785,000
As mentioned previously, the shelter replacement costs vary from an estimated $1.4 million to
$1.9 million depending on the option. Thus, adequate funding is available for the project funding
needs.
. If Council were to decide to contract with the County rather than
build a new shelter, there could be potentially a loss of DIF funds
from the seven years in which the fees have been collected.
Currently the funds are set aside for construction of a new shelter and cannot be used for
defraying operational costs associated with contracting for shelter services. Thus, contracting
with the County may result in a loss of DIF funds.
Contract Cities' Share of Capital Costs:
In the long run, the initial facilities to be constructed will serve Chula Vista's build'out needs. As
such, they can be financed by DIF funds with City contribution of the proceeds from the sale of
the existing property. To the extent that the space is provided ahead of its need, the rental
income paid by contract cities would be used to rebate the DIF. The proposed facility rental rate
is based on the overall cost of the facility, the percentage of the build,out facility projected to
serve the contract cities,' and the city's customary amortization of building depreciation over a
40,50 year period.
4 Using the built,out shelter as the benchmark actually reduces contract cities' costs in that Chula Vista's
continued growth will decrease their percentage share of the shelter in future years. This is also seen as a more
appropriate measure than current year percentages of shelter space based on the 40,50 year timeline for payment
of capital costs.
/6-/7
Page 18, Item-
Meeting Date 07/15/97
As additional expansions are required, for instance to serve the build,out of the Otay Ranch, the
accumulated funds from the contract cities can contribute to the expansion. If those contract
cities were not to stay with Chula Vista, then the facility as built would continue to accommodate
new development without additional expansion. The exact share to be borne by those other cities
would depend on how many cities are accommodated at the built'out shelter and what could be
negotiated. If the number of contract cities remains the same, it is estimated that they would
occupy approximately 31.5% of the shelter.
The projected facility share of the current contract cities are as follows:
Table E: Potential Contract Cities' Facility Shares {Subject to Negotiation)
Animals/Year
(projected in
City 2015) Percentage Cost Annual Cost
Chula Vista 4,460 68.5% 1,210,066 24,201
Imperial Beach 708 10.9% 192,551 3,851
Lemon Grove 476 7.3% 128,956 2,579
National City 869 13.3% 234,947 4,699
TOTAL 6,513 100.0% 1,766,520 35,330
If Chula Vista were to add additional contract cities, they would bear a portion of the facility cost
as well. Each annual facilities charge will be subject the terms of the individual contracts and their
provisions for renegotiation.
By way of comparison, Chula Vista could look at renting space in the County shelter for the next
forty to fifty years. The shelter space could be provided for $227,695 during the first year of the
contract, but the price remains subject to annual recalculation and additional County CIP financing,
therefore, it is preferable for the City to build its own shelter for a predictable cost rather than
paying annual, fluctuating lease rates.
Countv CaDital Costs:
To enable a true comparison to be made, City and County staff exchanged lists of questions on
existing facility capacities, staffing levels, kennel dimensions and boarding policies, anticipated
animal populations and capital improvement plans. Animal population figures are based on current
statistics and SANDAG's Series 8 population growth projections, Attachment 7, (adjusted for the
recent Otay Ranch annexation).
As the County staff indicated at the May 20 Council meetin9, this comparison process is
somewhat hindered by the fact that they had just done their first capital improvements plan in
several years. At this time, they mention a need to double the size of their cattery facilities, and
complete certain other CIPs detailed on Table F. There was no indication that the Capital
Improvement Plan is funded or that South, Central or Eastern facilities would need to be expanded
/6-- 18
Page 19. Item-
Meeting Date 07/15/97
to serve Chula Vista or other contract cities. The County's CIP would need to be reevaluated in
that context. If South County expansion were required, the existing 18 acre site should have
sufficient capacity to absorb those additions. However, the expansion costs would be shared by
all cities participating in the pool.
The only commitment the County has made to staff is to try to maintain a single animal per
enclosure (as Chula Vista does, unless the animals are from the same litter or pack or are nursing),
but during periods of high shelter population, it may sometimes be necessary to "double'up." The
County has also indicated a willingness to guarantee that the South Bay shelter would be the
location where Chula Vista animals are housed, unless there is an issue of the animal's health or
welfare,
In any event, if expansion of the County facility did prove to be necessary, either to serve Chula
Vista or Chula Vista and all the contract cities, that cost would be passed along later. In staff's
opinion, this initial proposal from the County for a one'year contract (or for a long term contract
on general operational terms only! would in effect lock the City into a service contract without
disclosing the true long-term cost, Nevertheless, the survey questions and responses did attempt
to address this capital improvement need and also speak to questions of who would pay for
system'wide construction costs.
Cost estimates were requested for capital expenditures through the years 1998, 2000, 2002 and
2015 (the last year for which SANDAG population data are available). Although it is difficult to
project service costs for such an extended period of time, staff felt this timeline was appropriate
to determine the comparable capital needs of both the City and County and to attempt to answer
Council's questions about staffing. The County did not have figures available for any of these
milestone yearsn-for either construction, repair, vehicles or other upgrades.
At this point, the County does not have a timetable outlining when various improvements would
need to be made or an estimate of how that schedule would change with the addition of new
contract cities, Among the capital improvements that the County has identified so far are $8.8
million in facility expansions or improvements and miscellaneous other projects for which no
funding or cost estimates are available. These include:
[Table F on next pagel
/g~ /9
Page 20, Item -
Meeting Date 07/15/97
Table F: County CIPs
Shelter Projects (identified 3/31/97) Estimated Cost
South Enlarge Cattery (proposed to increase from 54 kennels $12,200'
to 120)
Add Sterile Surgery room (surgery currently done in $58,500
treatment room)
Add 10 new adoption kennels $95,400
Add: information/public service booth, reptile room, $94,800
livestock barn, office space, waiting area
Central Replace existing shelter, To be negotiated with City of $4,2 million
San Diego for payment of most of this cost.
Add 12 new kennels $114,500
Add automatic watering system $ not available
North Replace/remodel facility $1.5 million
Replace chain link w/ solid dividers between kennels to $21,400
curb transmission of disease
Upgrade lighting $30.500
§ílR~j;j¡¡Š~U~ ~QÊ~~M~!!~!:!l~.~
Expand automatic watering system $ not available
Expand roofing with overhead heating $ not available
East/South New shelter for East County and "extreme South $2.1 million
County"
* The cattery project~!!ît~q~h~þp¡¡P~~!'ìmt¡¡r~ has since been appropriated at a total of
$50,000,
County Cost,spread MethodoloQv:
The capital improvements plan which the County has provided itemizes some of the projects slated
for the three shelters. With the exception of those items which they are successful in negotiating
with the City of San Diego, these costs would be spread to all participating jurisdictions according
to an as yet undetermined formula. Previous capital improvements were reported to have been
spread on the methodology used for direct departmental costs, which would mean an allocation
of 50% of the cost based on population and 50% based on calls for service.
The highest cost items in the County's CIP are for replacement or rehabilitation of the 60'year old
Central Shelter and 30'year old North County Shelter and for the construction of a new East
County/far' South County Shelter.
. If any of these costs were passed along via the County's 50% /
50% formula, Chula Vista could end up paying for new facilities in
the county's shelter network even though there would be no direct
benefit to Chula Vista residents, Furthermore, the County does not
currently have a methodology for amortizing capital costs over more
than one yearmthis too would be subject to reevaluation. Thus, / t' /';L(J
even if the repair and construction bill the city would receive
included only those items listed for South County, there could be
Page 21, Item-
Meeting Dete 07/15/97
even if the repair and construction bill the city would receive
included only those items listed for South County, there could be
considerable spiking in contract costs as new surgery facilities or
kennels are added.
Taken together with the significant service cost variation that has been the experience of other
cities contracting with the County, it is difficult to say that the County can offer anything more
than a one'year contract with an unknown price for future years, Where costs are discussed in
the County's response, they are qualified as subject to being recomputed annually. Thus,
potentially, the City could enter into a contract, layoff its employees, sell its animal control
vehicles, and be faced with a significant capital improvement lump sum billing and service cost
increase the following year. In this sense, by contracting with the County, Chura Vista would not
be getting a 20 year old shelter in the South County, but full participation in the cost of a larger,
older and more costly network of shelters.
. In 1995, Lemon Grove's cost analysis revealed a 36% increase from
FY 89,90 to FY 94,95, as much as 14% a year. This year, the City
of San Diego's bill from the County is proposed to rise from $1.4
million to $2, 1 million (50% increase) based on overly,optimistic
1996,97 revenue projections.
Conclusion:
In evaluating the capital question alone, staff is indicating that sufficient funds are available to
build a new shelter and that it can be completed in approximately 14 months, By way of
comparison, this shelter could be built to a "state of the art" standard.
If, based on cost and level of service and other factors, Council concurs in staff's overall
recommendation to proceed, the resolutions presented tonight would appropriate funds to build
the cattery, begin the conceptual design process and architectural drawings. Staff has already
been in contact with a number of companies experienced in animal shelter planning and design.
A conceptual design has been priced at between $8,500 and $25,000, which is within the City
Manager's purchasing authority. With the approval of tonight's recommendation, staff would be
prepared to hire a design firm and begin negotiations on the purchase of the land immediately.
~ STAFFING NEEDS - PRESENT TO BUILD,OUT
Staffing levels at the Shelter at present consist of the following:
1. Six animal control officers (4) to cover Chula Vista, (1) Imperial Beach and (1) Lemon
Grove,
2. Two kennel attendants.
3. One Administrative Office Assistant II, one part,time (20 hours per week) AOA!.
4. One temporary part,time veterinarian, one kennel attendant and hourly office staff. (The
Temporary Registered Veterinarian Technician position is in the process of being filled at
this time.)
18.-;;21
Page 22, Item -
Meeting Date 07/15/97
Enhanced StaffinQ
In response to staff's May 20, 1997, animal shelter report, City Council authorized Police staff to
fill on a part,time basis for 45 days additional staffing to be added to the Animal Shelter kennel
and office in addition to a part,time veterinarian and registered veterinarian technician, A total of
four positions were authorized to be filled and $12,000 was appropriated for this purpose. Since
Council's action on May 20, staff has hired the additional kennel and office staff and the part,time
veterinarian. The hiring of the interim staff has enhanced the Shelter services. The veterinarian
is able to examine animals on rounds each day, treat and vaccinate animals as needed and is in
the process of helping staff develop community outreach programs as well as monthly or bi,weekly
vaccination clinics at the Shelter.
Additionally, the enhanced staffing will allow for expanded Saturday hours at the Shelter. There
has been interest expressed by the community that the Shelter be open longer on Saturday.
Currently, the facility is opened Monday through Friday, 9:00 a.m. to 5:30 p.m. and Saturday,
9:00 a,m to 12 noon. Staff proposes extending Saturday hours to 5:00 p.m, beginning September
1, 1997, and experimenting with Sunday hours 10,2 p.m, to provide community outreach
programs.
The existing staffing, including the additional positions authorized by Council, provide the coverage
needed at the Shelter and the coverage needed for Saturday hours. Staff recommends paying for
these positions from unanticipated salary savings until such time as new revenues can be
implemented.
The following is a summary of recommended staffing levels from FY 98 until the year 2002 based
on projected population and average number of animals per household for the City of Chula Vista
and existing contract cities.
Animal Control Officers (ACO)
There are no additional ACO positions recommended at this time. A new ACO was added in FY
96,97 to enhance services in the field and provide community outreach. The first year's cost of
this position and truck were paid for by the Federal Local Law Enforcement Block Grant secured
by the Police Department. Furthermore, because of the temporary enhanced staffing added on
May 20, 1997, ACO's have more time for field and community outreach activities as a result of
added staff to the kennel and office. Prior to the additional temporary staff, ACO's were used to
backfill in both the kennel and office and transport all animals to Bonita Pet Hospital. This has
been eliminated by the staffing enhancements, increased volunteer support and an on-site part,
time veterinary care.
Kennel Staff
Temporary staff approved by Council has enhanced kennel and office services. This has helped
relieve current staff duties as well as provide the additional customer service, extended coverage
and backfill for time,off due to illness and vacation. The result is an enhanced level of service at
the facility,
/6-;2 2-
Page 23, Item -
Meeting Date 07/15/97
In the past, the Kennel Attendants overlapped for a 5,hour period daily. This, coupled with staff
shortages, as a result of illness or leave, was insufficient for regular kennel duties, preparing for
those animals incoming to the facility (i.e., clean, feed, set,up kennels, clean cat areas, prepare
adoption kennels, daily inventory, euthanasia). These issues have been eliminated as a result of
Council's action to add a third Kennel Attendant, plus employees coming off of illness or injury
leave.
Office Staff
Based on operational needs as temporarily approved by Council, staff determined that a minimum
of two office employees are required at all times. The office is currently staffed with one AOAII,
a Transcriptionist currently on loan from the Police Department, and a part,time AOAI dedicated
to the Spay/Neuter Program. Staff is recommending budgeting hourly wages for three non,
benefitted part,time employees at the AOAllevel. Budgeting the AOAI on an hourly basis will give
the Shelter Manager flexibility and the opportunity to make staffing adjustments during peak
workload periods. This will provide enough office staff to provide customer service (both phone
and counter service), fill in for staff shortages, coverage for extended hours on Saturdays and
potentially Sundays to help provide proactive community outreach,
Veterinary Staff
Staff recommends continued funding of a part,time Veterinarian and a Registered Veterinarian
Technician. Both enhance veterinarian services at the shelter and provide expertise on critical
triage of animals brought into the facility, Additionally, the part,time veterinarian could be used
to vaccinate incoming animals, host and supervise community outreach programs and conduct
vaccination clinics.
Based on the above, it is recommended that: a part,time Veterinarian and Registered Veterinarian
Technician, one Kennel Attendant and three non, benefitted part-time Administrative Office
Assistants, be permanently added to the Animal Shelter.
Table G below shows the staffing additions recommended to be permanent and associated
benefits for Council action. These positions are proposed to be paid from projected salary savings
and new program revenues, New program revenues will be forwarded for Council review upon
evaluation by the new Shelter Manager. Even with the additional costs associated with these
positions, based on the level of service provided and enhancements made, staying in the animal
shelter business is a more cost effective alternative than contracting with the County as discussed
in sections 4 and 5. The addition of staff described in this report will also allow for extended
weekend hours to the public at the Shelter,
ITable G on next pagel
/6.;23
Page 24, Item -
Meeting Date 07/15/97
Table G: Recommended Enhanced Staffing
FY 97,98
Position Days Hours/Week Total Cost
w/Benefits
Part,time Veterinarian 5 15 $32,000
Kennel Attendant 5 40 $31,6245
Registered Veterinarian Technician (RVT) 2 6 $3,700
Administrative Office Assistant I (AOAII 5 20 $30,072
(Hourly) to provide customer service,
dispatching and assist with phones and
records, coverage on weekends.
TOTAL $97,396
Staffiml Forecast
A complete staffing forecast at build,out will be provided to Council sometime this summer by the
consultant hired to update the Masterplan. In the interim, staff has used SANDAG Series 8 the
projected population and average number of animals to be housed per day through the year 2030
to project staffing needs. Table H summarizes staff's findings.
Table H: Staffing Forecast
POSITIONS
Animal Animal
Projected Shelter Office Control Kennel
YEAR Population Manager Staff Officer Attendant Total
1998 265,325 1 2.5 6 3 12.5
2000 292,291 1 2.5 6 3 12,5
2002 305,971 1 2.5 6 3 12.5
2005 326,491 1 3.5 7 4 15.5
2015 382,380 1 4 8 6.5 19.5
2030 277,0346 1 4 8 7 20
5The cost for the kennel position will be offset by an estimated $3,000 savings in overtime.
6Population for City of Chula Vista only, populations for contractual cities not available,
/8. ;¿ c/
Page 25, Item -
Meeting Date 07/15/97
1.., SERVICE ALTERNATIVE, CONTRACTING WITH THE COUNTY
As directed by the Council on May 20, 1997, City staff met with County staff to explore animal
control service options (shelter only, field service only, or full service). A proposal, subject to
negotiations, has heen provided by the County for each component. All of the proposals received
are for a one year duration. The County was unable to provide a fixed price proposal or multi'year
proposal with caps. County staff believes that the numerous variables (fuel, supply costs, salary
increases, etc.) surrounding animal shelter services are difficult to predict. Using County staff's
own words, "The County cannot offer a multi-year contract at a predetermined set rate, it is
impossible to accurately project cost and revenue changes over time and obtain full recovery of
costs for services provided by contract."
Furthermore, as we indicated on our May 20, 1997 report, the County Animal Control Department
is currently undergoing a reorganization and restructure of methodology used to calculate costs
for services, As a result, all existing contractual agreements with the County are for the duration
of one year, Thus, if the City elected to contract with the County, the contract would be subject
to an interim agreement subject to renegotiation. Absent, a long,term commitment for service,
multi-year contracts or price caps, entering into an agreement at this time is not a desirable
alternative.
Countv Contract Costs
The first year's contract cost for full service, shelter service only, patrol service on a priority basis,
is as follows:
Table I: County Contract Costs
Full Services Shelter Only Patrol Only
Direct Costs $362,185 $177,852 $169,920
Dept. Overhead 54,621 .' 26,822 25,626
External Support 46,880 .: 23,021 21,994
Deas ^.niFRal Pisl¡ ~¡J aRe 22.000 0 22.000
Res¡JeRse te Neise
g¡ê[g~~iRts ¡:¡~~g;M\iì¡m~!
Total Cost $485,686 $227,695 $239,540
Despite the County's efforts to provide a contract. inclusive of all associated costs, specific dollar
costs associated with facility expansion, repairs, maintenance, vehicles, etc., are not included.
7Dead animal pick,up .Ad re.peA.e Ie Rei.e .empl.'RI. .,e)¥ nol provided by Counly Animal COnlrol¡{
: i~ i¡ ;~'i;~ i~i¡~ ~t\f§t ~;;~ h¡ ~i~~: ~f~Ïii\: ';;, ~ ~:a ~ ~t~:n :~~ § ~(\í~ I :~~ ~~!i~ ~~I~Y£~ ~~ ~¡t¡ ~y !!t§n~ ~9Ji~ t~. Wi m
....---
/ð'/.2~
Page 26, Item -
Meeting Date 07/15/97
Therefore, this cost component will be subject to change as the County further defines and tries
to fund its capital improvement plan prepared this fiscal year.
Two more areas of concern involve the argument that "economies of scale" savings will be
realized by joining the County animal control program and that the City will avoid liability costs.
. Staff has not received information regarding "economies of scale"
that will illustrate a benefit to the City or other jurisdictions currently
in the County pool. (See general discussion of this topic at the
beginning of this report in the "Summary" Section.)
. In terms of liability avoidance, it is a false assumption to believe that
the transfer of animal control services to the County will eliminate
all liability costs from claims filed against the City,
To date, City liability costs resulting from claims associated with animal control services have been
nominal. Liability costs under the county's methodology are shared among all jurisdictions in the
pool. Not only would the City be subject to liability costs arising from animal control services in
Chula Vista but to those liability costs occurring in other cities over which we have no control.
According to our Risk Management staff, Chula Vista has had nominal liability costs associated
with animal control services. Therefore, absent any information on the liability costs by jurisdiction
served by the County, staff can only assume that our liability costs will increase.
County Full Animal Control Services
The cost for full animal control services provided by the County for a one'year period is $485,686.
This cost provides a different level of service than Chula Vista. The County of San Diego is
proposing to provide animal control services which include 24,hour a day, 7 days a week, field
response to citizens request for service.
. Patrol service is provided on a priority call for service and after
hours on a call,out basis. Thus, not all calls for service are
responded to by the County, based on the County's priority
response system.
. While a total of 112 County staff hours are available to patrol the
entire South Bay area, they do not equate to four dedicated (40
hours each) animal control officers responding to calls for service or
available to do proactive animal control services in the City of Chula
Vista city limits,
. Currently average response times are reported to be comparable
38.5 minutes for the City and 38.4 minutes for the County for
Priority 1 calls. The County's average could potentially increase if
additional ACO staff is not added to meet service demands for
Chula Vista and potentially National City and Imperial Beach.
/g,(~&
Page 27, Item -
Meeting Date 07/15/97
. Approximately 15.6% of calls received by the County are not
responded to due to the County's response by priority only system.
Specifically,
. .4% of Priority 1 calls receive no response due to no
time because of service by response priority.
. 1.2% of Priority 2 calls receive no response due to
no time because of service by response priority.
. 14% of Priority 3 calls receive nores/Jonse due to no
time because of service by response priority.
Table J: Definition of Priority levels
Priority Examples
1 §9*Þ~Rl~p.¡Rrabid or biter animal at large, dangerous animal or vicious
animal at large, injured animal, threatening feral or wild animals, cruelty to
animals, fighting animals, animals secured in vehicle, venomous snakes
and Police cover.
2 Quarantining of animal, confined strays, minor injured animals, checking
the welfare of animal for possible abandonment, Ðtra'{s at lar€J8.
3 Dog running loose, non'venomous snakes, strays~t'!¡¡rg¡¡¡
4 Dead animals, barking dogs, public nuisances, relinquishments, delivery of
cat traps, and proactive patrol.
Additionally, the City is contractually obligated until year 2000 to provide service to lemon Grove,
The County's cost proposal does not reflect the potential cost from litigation or settlement should
the City elect to contract with the County.
Shelter Services
The County proposes to provide 5 day per week (Tuesday through Friday, 9:30 am to 5:30 pm;
Saturday, 9 am to 5 pm) public access to three shelters for reclaiming and adopting animals, The
Shelter that would be designated for housing Chula Vista animals would be the Shelter located in
Bonita. According to County staff, this shelter currently has excess capacity to accommodate the
current Chula Vista animal population, exclusive of contractual cities, Economics of scale can only
be accomplished if excess capacity exists. Thus, if Chula Vista folds into the County, jurisdictions
currently serviced by Chula Vista will have no choice, Due to the lack of excess capacity, the
result will be an increase in costs associated with facility expansion and improvements.
The County methodology used to calculate costs and revenues (with the exception of dog license
revenues) for full animal control services are allocated among the participating jurisdictions using
the following formula: 50% of the costs and revenues are allocated based on each jurisdiction's
)'6,r~ 7
Page 28, Item -
Meeting Dete 07/15/97
proportional share of the total service area population; 50% are allocated based on each
jurisdiction's proportional share of the total licenses sold (revenues).
Shelter Services Only
The shelter service only component for the County of San Diego cost is $227,695. This cost will
fluctuate based on the actual number of impounds.
County Contract Conditions
While, the County will not provide a fixed price multi'year contract with a cap, they are willing to
enter into contracts for up to 5 years, using the cost sharing methodology of 50% of costs and
revenues allocated based on relative population and 50% based on relative requests for services,
Based on this formula, each year's cost during the 5-year period would be recalculated and
possibly negotiated prior to start of each contract year, Each year's contract charge for Chula
Vista would be based on the City's allocated share of anticipated costs of providing services, and
allocated share of the prior year's actual revenue. The variables that could change in each year's
contract are as follows:
. Changes in costs due to negotiated salary increases, increases in supply cost, necessary
capital improvements, etc. Again, there are no guarantees being made or price escalators
included in contracts to keep changes in costs in this category from occurring.
. Changes in revenue receipts, The County's proposal includes a revenue estimate for the
first year of $260,321 which staff believes is an extremely high estimate based on current
revenue receipts and the City of San Diego and Lemon Grove experiences.
. In 1995, Lemon Grove's cost analysis revealed a 36% increase from
FY 89,90 to FY 94-95, as much as 14% in one year. This year, the
City of San Diego's bill from the County is proposed to rise from
$1.4 million to $2,1 million (50% increase) based on overly'
optimistic 1996,97 revenue projections.
Furthermore, there are no revenue guarantees for subsequent years. Therefore, the second year's
contract charge which will be based on the City's volume of request for services and share of the
prior year's actual revenues will undoubtedly increase. Changes in each jurisdiction's relative
population and request for service. This does not only include Chula Vista but other jurisdiction's
population and request for service, prior year experience.
Changes in the number of jurisdictions participating in the County's regional animal control
program. According to County staff, the County's first year costs have been made under the
assumptions that Chula Vista's residents are at the median level for the current jurisdiction's
service by the County, Therefore, the degree to which our residents behavior differ from the
median will affect subsequent contract costs. For example, if our residents are high requesters
of service, as they have been accustomed to and have a moderate rate of compliance with dog
license regulations, our share of costs in subsequent years will increase.
/8 --;28
Page 29, Item -
Meeting Date 07/15/97
Transfer of City Staff to County
The County has indicated that they are willing to absorb all animal shelter staff into current and
vacant positions. However, they have not made any guarantees as to whether these staff
positions will retain the same classifications. All classifications of existing County animal staff are
currently under review and proposed to change by mid,October. In fact, our employees would not
only be subject to a reclassification; but, a loss in salary at a minimum of approximately 2%
because Y,rating is prohibited by County Charter, Section 501.2.
In regard to benefits, City staff would receive comparable level from the County with few
exceptions:
. Retirement benefits' The City of Chula Vista is a PERS agency, under which an employee
is vested at 5 years of service. The County has their own independent system, (1937 act
system), under which an employee is vested after 10 years of service. A reciprocity
agreement exists between the two systems such that an employee may defer retirement
with the City and enter into the County system and retire from the City using the highest
pay earned from the County.
. County employees are subject to paying social security,
§., WHY RETAIN PATROL AND SHELTER SERVICES IN CHULA VISTA?
The City can provide animal control services more economically and efficiently than the County
of San Diego. While this is more specifically discussed in this section, the major differences are
in the areas of the level of patrol service, shelter service, costs, fees and revenues.
Patrol Service
. The City provides a higher level of patrol service, Currently, the City provides 24,hour a
day emergency service on a call,out basis, 7 days per week to citizens requests for
services. This includes four (41 dedicated Animal Control Officers to patrol Chula Vista
exclusively,
. While the County's response time is reported to be the same, response time will increase
unless the County adds field staff to service Chula Vista and any other new contracts,
. The City responds to 100% of calls for service in comparison to the County whose
response on a priority basis means no response to 15.6% of calls received by the County,
Shelter Service
. As discussed earlier, the facility is in compliance with State and Federal regulations and
both the County Veterinarian and American Humane Association projected a useful life of
approximately 2 years, The City shelter is currently open more hours to the public than
the County shelter. Nevertheless, staff is recommending extending hours on Saturdays
and experimenting with Sunday hours to provide educational programs, clinics and other
18.:29
Page 30, Item -
Meeting Date 07/15/97
community outreach programs. The total hours open to the public will far exceed the
County's hours.
. In terms of shelter staffing, the additional enhanced staffing approved by Council on an
interim basis and recommended by staff, provides the additional staff required to run
shelter operations and provide enhanced services, coverage on weekends and community
outreach,
. Additionally, there is a revenue stream generated by the shelter, which partially offsets the
costs associated with running this program. In addition, to the contracts with Imperial
Beach and Lemon Grove, the shelter collects impound fees, daily fees for the time an
animal has been housed, adoption fees and licensing fees. Thus, entering into an
agreement with the County would result in a loss of revenue control and a higher fee
schedule which would be managed by the County. This coupled with a loss in expenditure
control and local home rule, makes the County alternative a more expensive, less desirable
option.
The following Table K provides Council with FY 98 City costs for all animal control services
(including contract cities), City costs for animal control services for the City of Chula Vista only
and a comparison of costs to the County.
Table K: Comparison of City Cost and County Contract Proposal
for Animal Control Services
Full Service Shelter Only Patrol Only Licensing Only
County Contract proposal $463,686 $227,695 $217,540 $56,944
City Cost (enhanced) $ 562.762 $262,840 $298,172 $1,750
Cost (Savings) from ($99,076) ($35,145) ($80,632) $55,194
Contracting
Net Revenue from $75,150 $69,250 $3,450 $2,450
Contract Cities
Grant Revenue $53.221 $21,055 $32,166
Net Cost (Savings) from $29,295 $55,160 ($45,016) $57,644
Contracting
Table K focuses on the bottom line and it excludes common revenues since revenues under both
contracting out and the City scenario were considered to be equal. It breaks out the net benefit from
the City providing services to the three cities currently under contract. Table K includes contract
revenues from other cities that would disappear if we contracted with the County. The revenues are
shown to illustrate the true cost to the City. This is a comparison factor that needs to be included
because the City currently receives a net benefit for providing services to other jurisdictions. Line 4
is the excess of revenue that we charge over the actual cost of our services (i.e., the net figure of
$75,150 is the City's net income from contracting out). Table K concludes that the City actually saves
approximately $29,295 by operating the full services in,house over the County proposal.
/6~3()
Page 31, Item -
Meeting Date 07/15/97
The total cost for Chula Vista is a comprehensive service cost which includes: the cost of dead animal
pick,up, response to animal noise complaints, vehicle replacement, and recent service enhancements
and staffing additions.
Furthermore, to be able to make a fair comparison of the costs between the City and the County, it
was necessary to eliminate revenues. Once revenues are removed, the tables show the Citv is able
to provide an eauallevel of shelter services and a hiaher level of field service for $29,295 annuallv less
than the Countv, Again, it is important to note that the County proposal is a one year proposal subject
to annual increases.
The capital costs are not included in the cost comparison because the County did not provide any costs
in the proposed contract for facility expansion/construction, Chula Vista has an established
Development Impact Fee Program which partially pays for facility construction, Obviously, if the City
contracted with the County and overtime paid for a portion of the County's capital costs, that expense
would be from the City's General Fund, The City's capital costs: however, if it still provided animal
control service, would primarily come from the PFDIF.
Other Reasons for Retainina Patrol & Shelter Services
The City of Chula Vista is the second largest city in the County. The City long ago achieved a
level of urbanization at which it assumed greater responsibilities, including a high degree of local
representation and control over services, regulations and revenues. Despite the costs savings of
staying with the City, there are five compelling reasons for keeping animal control services within
the City of Chula Vista.
. Services, By keeping animal control services, the City retains the ability to improve and
deliver animal control services in the community.
. Revenues, The City retains all revenues to support operations.
. Representation and Local Control, The City retains the ability to represent its residents and
give the community control over the delivery and costs of animal control services and the
level of fees charged, Furthermore, contracting with another Agency will not necessarily
avoid complaints. Cities receive complaints whether they provide services directly or by
contract, In fact, complaints may increase if the level of field services diminishes,
. Liability' The City eliminates the potential to be driven by the performance of other
jurisdictions, and polices (i.e., performance liability for another jurisdiction) of another
jurisdiction,
. Competition, The City is the only alternative for many jurisdictions. Competition
eliminates monopolies of service which often result in higher prices and lack of
accountability in regards to efficiencies achieved.
In regards to "economics of scale", once the new facility is constructed the City can benefit from
its own economics of scale by expanding services to additional jurisdictions and benefiting from
associated savings in costs. This is an optimal method of service provision in that it ensures
competition in a local market by breaking up a concentration of economic power in one agency
which can ultimately drive both service levels and costs. Besides costs, these are compelling
reasons to stay in the animal control business.
lta.- 3 /
Page 32, Item -
Meeting Date 07/15/97
Revenues/Fee Schedules
Under the City's current fee structure, $90,400 is collected annually. Historically, the City's fees
especially in the area of animal control licenses, have been kept low with the goal of encouraging
a higher level of animal licensing. Based on a comparison of estimated County and City licensing
rates, the City's lower fee structure has apparently not succeeded in accomplishing this as both
jurisdictions estimate licensing to be hovering around 50%. Therefore, staff will be bringing forth
a combination of proposed new revenue generating programs and small fee increases to increase
the City's revenue from $90,400 to approximately $200,000 annually. The new revenues will be
used to offset the costs of the recommended enhanced staffing and services. The combination
of new revenues and small fee increases will include enhanced revenue from rabies vaccination
clinics, community outreach to identify unlicensed animals and ensure compliance with health and
licensing laws, increased license fees and a special licensing program to encourage adoption of
animals at the shelter. While staff will begin developing some of these programs, it is
recommended that a total program approach for proposed revenues be brought forward for
Council's consideration by the new Shelter Manager, As stated earlier, the City is in the process
of recruiting for a Shelter Manager and anticipates hiring of this position by mid-September, 1997.
The following chart provides a breakdown of revenues collected by the City for animal control
operations:
Table M: Chula Vista Revenues
Current FY 98 Estimated Revenue from Contracts $172,400
Current FY 98 Estimated Revenue from Fees $90,400
Proposed Pr09rams & Fee Increases $109,600
Spay/Neuter Staff Reimbursement $21,055
Total City Revenues for Animal Control Operations $393,455
In comparison, the County's projected revenues from fees are $260,321. This assumes adoption
of the County's fee schedule which results in higher fees to residents.
The following tables provide a summary of fees currently collected by both the City of Chula Vista
and County of San Diego. Staff proposes that these fees be evaluated by the new animal shelter
and that a total revenue program be provided to Council for consideration mid-year.
[Table N on next pagel
/ø - _3~
Page 33, Item -
Meeting Date 07/15/97
Table N: Summary of Fees
Item CV Current San Diego County
Impound Fees $20,00 first impound $25.00 first
$40,00 second $45,00 second, Dogs
$60.00 third & subsequent $65,00 third
$20.00 Cats
$30.00 Exotics, Farm
Animals
Board Fees Dogs & Cats, $5,00 per day $6.00 per day, Cats & Dogs
Exotics & others, $7.00 per $12,00, Farm Animals
day $15.00, Equine/Bovine
Vaccination Clinics None $~.OO plus cost of license
Table 0: Summary of Fees
Chula Vista San Diego County
Item
Altered' Unaltered' Altered Unaltered
Dog License Fees $9.00/yr $18.00/yr $10.00/yr $25.00/yr
$12.00/2yr $24.00/2yr $17.00/2yr $41.00/2yr
$14.00/3yr $28.00/3yr $23.00/3yr $53.00/3yr
Puppy License Fee $8,OO/yr $~¡!ì;99/yr
$3.00
Late Charges $3.00
$10,00 $10.00
License Inspection None None ~ ~
Potential Litiqation Matters
The City currently provides full animal control services to the cities of Imperial Beach and Lemon
Grove and shelter services to the City of National City. Based on the City Attorney's review,
termination of these contracts would be subject to the following and could in the case of Lemon
Grove result in litigation if the contract is terminated prior to its expiration date. This is an
additional cost that would need to be added if the City chooses to contract with the County.
/g'~ ,13
8Altered refers to animals which have been spayed or neutered.
9Unaltered refers to animals which have not been spay or neutered.
Page 34, Item -
Meeting Date 07/15/97
Table P: Contract Cities
CITY PROVISION
National City The contract may be terminated at any time.
Imperial Beach The contract may be terminated within 180 working days of
notice.
Lemon Grove The contract may be terminated for cause by either party or at
renegotiations in the year 2000, Thus, there could be potential
litigation involved if the City terminates the contract prior to the
year 2000.
FISCAL IMPACT:
The fiscal impact of retaining both Patrol and Shelter animal control services including contract
cities is $29,295 minus $4,800 for construction of a cattery, The operational costs are partially
offset by animal control revenues. The cattery costs would be offset by $2,500 in donations and
$2,300 in unclaimed cash deposit funds. The cost for a new animal shelter (including site
acquisition, design, construction) is estimated to be $1.4 million to $1.9 million depending on
design. This cost is partially offset by DIF funds, the proceeds for the sale of the existing animal
shelter property and contract cities.
Attachments:
Appendix A
1. County Veterinarian Report
2. Letter from Ken Upton, DVM
3. Letter from Mary T. Sesson, Mayor of Lemon Grove
4. Letter from Bahia Sur Kennel Club of Chula Vista, Inc.
5. Potential Sites
6, Courtyard Concept NOT SCANNED
7. SANDAG Series 8 Population Forecast/Animal Population Projects
nqll ",'wp5"",',!!3""""y.!!3 [J"'y 10, 1997 ",O<pm)[
/ 8- ~t/
APPENDIX A
ANIMAL CONTROL OPERATIONS
FACT SHEET
Field Patrol
"On,Duty" Hours: 9 am ' 5 pm 6 am - 10 pm CV: 4 dedicated
Days: Mon through Fri 7 days per week ACO's for 40 hours
Number of Staff: 4 dedicated ACO's 2 ACO's assigned' each
Area of Coverage: assigned one would cover west County: 112 hours
CV, 1 Imperial Beach and of 1,805 & the other
1 to Lemon Grove would cover east of I,
805 including
unincorporated areas
Patrol Response Times 38.5 minutes 38.4 minutes, South The County average
Priority 1 Average Priority 1 County Average could potentially
Priority 1 increase unless
additional staff is
Priority 2, 3, 4 Within 8 hours of 12,72 hours response added to deal with
receiving report the increase in
demand for service
Percent of no response All calls are responded to The County responds from Chula Vista and
by the City regardless of to calls for service on other contractual
priority level. a priority basis. As a cities.
result 15,6% of calls
received are not
responded to by the
County.
Vehicle Replacement Yes Yes
Program
Dead Animal Pick,up Yes No Provided by another
County department
at an additional cost.
Animal Noise Yes No Provided by the
Complaints County at a cost.
/8 -3)
Shelter Open to Public
Hours: 9 am to 5 pm 9:30 am - 5:30 pm County: 40 hours
Days: Mon' Fri; Sat., 9,12 Tues ' Fri; Sat., 9,5 CV: 43 hours
Proposed Hours: Saturday 9,5 CV: 52 hours
Sunday 10-2
Saturday Staffing 1 Kennel Attendant 5 clerical Shelter remains open
24,hr Vet on call 6 kennel attendants during Saturday
Volunteer staff 1 reg, vet, tech. hours.
Proposed: "On Call" ACO to handle
call,outs.
1 RVT
1 Clerical
On,Site Veterinarian Yes, Part,time Yes, Part,time
Microchip Implants of No Yes Pet Identification
Adoption Animals System, can be
easily implemented in
Microchip scanning Yes Yes Chula Vista with no
cost to the City,
Low Fee Spay/Neuter Yes Yes Referral Program
Program with private
vets
Volunteer Auxiliary Yes (PETS) Yes (FOCAS)
Shelter Yes No,County's first CIP So, County Shelter
Replacement/Expansion Program in years adequate for Chula
Program begun FY 1996,97. Vista impounds.
Both Chula Vista &
County need a new
cattery.
Selling of Animals for No Yes
Research
"One Stop" Licensing No, however applications Yes, at veterinarians At veterinarian's
through private vets. given by vets. discretion. discretion.
Permanent Tags, year, No Yes License fees are
to,day licenses much higher with
County
/6-3(0
Activity/Program Chula Vista County Comments
License Canvassing No Yes For generating
Program revenue. Chula Vista
does not provide
canvassing due to
negative community
reaction.
Rabies Vaccination No Yes Veterinarians
Notification Program required to forward
rabies vaccination
Proposed new program Yes information to DAC
Automated Animal Yes Yes
Management System
Internet Web Site No Yes Used for advertising
services, adoptions,
lost and found pets.
Television access Yes, Channel 10 Yes, County television Used for adoption
coverage for adoption network purposes and
advertising services.
Monthly Activity Yes Yes
Reports by City
Integrated Voice No Yes Automated telephone
Response information retrieval
system
Yes, field officer handles
with appropriate judicial
support.
Special Events Yes Yes
Training Academy Yes Yes All officers receive
Academy training.
Department Newsletter Yes. Access to City- Yes, "Paws for
wide Newsletter. Thought" quarterly
Joint Alert Program Yes Yes All officers are
with Social Services mandated to report
regarding child and both child and animal
animal abuse abuse.
/if~37
ATTACHMENT 1
HUBERT JOHNSTONE, DVM QInuut~ nf ~au J§i£gn JEAN CREEK, MT (ASCP)
COUNTY 'E""'"AR'^, "'C,oa,o,ooy
KERRY S. MAHONEY, DVM DEPARTMENT OF AGRICULTURE, WEIGHTS & MEASURES
OFFICE OF THE COUNTY VETERINARIAN MARGARET STEWART, AHT
","OCOOy "BE"",'YTECH"'C,,"
5555 OVERLAND AVENUE, BLDG. 4, MIS 0525
LEROY N, MILLER, DVM, MPH SAN DIEGO, CALIFORNIA 92123-1274 J- ALFONSO GUAJARDO. MVZ
"BE""ARY puauc HEACTH PHONE (619) 694-2838 FAJC (619) 571-4268 "EmcO '<TEA'"A"O ZOOTECMSTA
Jlme 20, 1997
TO WHOM IT MAY CONCERN:
On June 20, 1997 at 9:30 a,m. I conducted an on site inspection for the Animal
Shelter of the city ofChula Vista, at 690 Otay Valley Rd,Chula Vista 9191 L I met
with Captain Dan Wolf, Chula Vista Police Dept., Officer. Corina Culver, Shelter
Supervisor, and Officer Juan Estrada from Chula Vista Animal Control.
The shelter has 72 chain linked dog mns, that measure 8 feet long by 3 feet wide, 60
are used for regular impounds, and 12 used only for quarantine animals. In case of
impounding a very large dog, or a whelping bitch with puppies, there is a converted
run, which measures 8X6- There are 12 smaller mns for adoption dogs that measure
6 feet long by 3 feet wide. There are 24 separate stainless steel cages for cats, 18 for
regular impounds and six used in the quarantine section. Stainless steel barricades
are placed at the end of all the runs to protect impounded dogs from weather and
cat cages are next to concrete brick walls- Between rows of the dog mns, there is 6
inches wide by 1 foot tall cement wall, which serves as a splash guard, so feces or
urine does not go from one mn to the other, while it is being cleaned and washed off
with a hose.
The facility is totally covered, and the surrounding walls are made of chain linked
fence, with heavy duty plastic curtains on all four sides, which can be adjusted by
opening or closing as needed, depending upon the weather. This is a better method
than a totally enclosed facility, since air circulation is maximized and odor control is
at minimum. Quarantine section is next to the regular impOlmded section, separated
by a locked gated entrance,
/B-3B
ATTACHMENT 1
Male dogs and cats have a blue cage card, and females are identified by a pink
colored card. A folded cage card, means a cage needs to be disinfected. The current
method of disinfection is bleach, at A I: 5 dilution, and a high pressure steam
cleaner are also used for the inside premises.
The shelter has two small cages suitable for rabbits, rodents and other smaller
impowlded animals, and two glass covered enclosures (aquariums).
Most of the dogs impounded at the time, had a sleeping plastic cot, with a
removable carpet liner, which is 6-8 inches raised from the concrete floor. The
carpet liner is washed daily with detergent, bleach and an ammonium chloride based
disinfectant (A-33). All of the cats housed in cages, including the quarantine section
had the same setup, All of the Occupied cages had food and water available, and
were clean. In the adoption section, located in the west entrance, there is also a
covered plastic receptacle with dog treats so the public can use to feed the dogs,
The floors are made of concrete, and heated on the fIrSt section next to the cage
door. Stainless steel bowls for food and water is provided in each individual nlll.
Seventy two-automatic stainless steel feeders, with a five-pound capacity, have been
recently purchased, and to be installed soon. There is also an overhead heater
system, which keeps the temperature at 72 degrees Fahrenheit throughout the
shelter.
The shelter's dog food is stored in a separated shed, Dry cat and dog kibble is stored
in plastic bins. Dry dog and cat food is obtained every two weeks to avoid spoilage,
Canned food is also kept in stock, and is used on a daily basis to improve
palatability mixed with kibble, Food for other type of animals (rabbits, chickens,
hamsters, guinea pigs, etc,) is also kept in small quantities in small containers, and
bedding in the storage shed. The plastic bins used for dry food storage are cleaned,
washed and dried before they are placed again in a dog run.
Next to the quarantine section on the outside building, there is an exercise area so
volunteer and kennel workers used with the dogs kept in the facility. The floor is
totally made of concrete and is well fenced. There is a separate building, which is
totally enclosed, which is used for several other activities, There is a sink to wash
and disinfect stainless steel bowls. Some small dogs and cats are bathed as well by
volunteers in there. There are also an enclosed washing machine and dryer. A
stainless steel table is used for euthanasia. A walk in refrigerator next to this room,
is used to store bodies for the animal disposal company. Pickups are made once a
/6 - 3q
ATTACHMENT 1
week, and the room is cleaned and disinfected after the bodies are taken by kelmel
personnel weekly. A small refiigerator is used for vaccine storage and other
refiigerated biologicals, All dogs impounded receive a Distemper-Hepatitis-
Parainfluenza-Parvo virus vaccine, Cats adopted receive a Rhinotracheitis-
Calicivirus-Panleukopenia vaccine, and both dogs and cats that are up for adoption,
get a fecal parasite exam and dewonned accordingly. Dogs impounded are scanned
for any evidence of a presence of a microchip.
Contract and volunteer veterinarians who visit the shelter, have a treatment board in
this multiple use room, leaving specific instmctions on each patient on the schedule,
There is a Euthanasia log kept on premises, and the euthanasia solution is kept in
separate storage room in a locked safe. All syringes and bio-hazardous materials are
placed in approved containers, and sent to the Police Dept. crune lab for proper
disposal.
The Chula Vista Animal Shelter also has adequate grooming supplies, and has
arranged with a local grooming school to provide services for shelter for adopted
animals at no cost.
A daily inventory report, specifying the number of dogs and cats on premises is
issued and remarks are pointed out such as if the animal is eating or is exhibiting
any signs of illness. If any evidence of ill health, it is put in the quarantine section,
or in an emergency, it is taken to a contract veterinarian for examination.
The Dept. Of Animal Control ofChula Vista, has presently 10 employees; Six field
officers, four kennel workers, two are pennanent full-time, and two temporary full-
time positions. Two kennel officers are scheduled at a time, For tlle fiscal year
1995-96 the department has licensed a total of2,290 animals.
The Shelter has 17 registered unpaid volunteers, which aid in tlle general
maintenance of the shelter. A separate section next to the kennels is provided for
their use, as an office and related paperwork, and posted schedules are visible.
DISCUSSION:
After thoroughly inspecting the physical aspects of the facility, reviewing the written
policies of the daily operations, and speaking with shelter's supervisors, field
personnel, kennel attendants, office personnel and contract veterinarians, I
personally feel that methods and standards of operation are adequate, and
sometimes better that other city and nonprofit owned animal organizations.
/8-~
ATTACHMENT 1
There are no signs the health and welfare of the animals under their custody, or that
of the employees and volunteers that work in the shelter is taken for granted,
I still would like to mention a few teclmical aspects that should result according to
other state and federal governmental agencies, The present infrastmcture should be
acceptable for another two to three years, unless a significant increase of contract
cities is added in the immediate future.
RECOMMENDA nONS:
1, - Legal controlled substances, such as sodium pentobarbital solution, used for
euthanasia, needed not only to be logged each time is used, but also keep a rwming
total per bottle, and recorded after each entry,
2. - All spray bottles are currently labeled, but in cases of disinfectants or other
potential hazardous chemicals, full description of contents must clearly be written
on the container itself. A book describing and listing Material Safety Data sheets
should be easily available for all personnel, and reviewed and sign every six
months.
3, - Keep a thermometer in the walk in refrigerator always.
4, - Written protocols on disinfection procedures on mns, equipment, refrigerator,
utensils, etc,
5. - Keep a copy on premises of biohazard waste containers transported to the
police laboratory,
6. - Ideally, house cats and dogs in different buildings.
7, - Increase the amount of light capacity in kennel area.
Please feel free to call me about any questions you have on any oftlle above
situations at (619) 694-2562
sm"œlC:~ J
1. Alfonso Guaj do, MVZ, DVM
Veterinary Public Health
;6- c.(1
ATTACHMENT 2
Jun~2, 1997
- --,
Dear Lieutenant "like BecKer:
I have been examining the mumals at the Chula Vista ,"..nimal Shelkr two times a
week for the past couple of months. TIle Kennel Staff and Officers at the shelter
have demonstrated a sincere concern for the well being of the animals and also a
so1id knowledge base for identification of iníèClious diseases,
In the time that I have spent at the shelter, I have never found an animal suffering
unattended or ex-pired ill its cage, The animals have had food and water and the
cages have been kept reasonably clean.
During the past month, there have been two very positive changes at the shelter.
First, the animals now have elevated stands to lie on so they are not on the cold
cem<ènt. .:\5 well as. th~ cag~s can be cleand \\'ithout getting the animal wet.
Secondly, and most importantly, a sheet metal barrier is being placed between the
cages to help preveIll common air borne diseases, (i.e., Kennel Cough.. Di"temper.
etc.).
Thes~ changes should dramatically cut dO\\l1 the prevalence of disease at the shelter
and make it a more suitable environment for the animals. Overall, tile Chula Vista
Animal Shelter is a suitable place to keep animals waiting for adoption,
Respectfully,
¡LU~ ,~U~
Kt:n Cpton, D\~f
/6 -- v,;;).
, ',"""-""" """,.", .c--
:-,-> .-. c.'. _::~ :"- .:~---:~ ~~!t:!: ::.:ï~ :_:.;: !::. :::::::-::
ATTACHMENT 3
July 9,1997
Mary Teresa S<SSOQ}
Mayor
3:32 Main Strut The Honorable Mayor Shirley Honon
l£mon Grey., CA 91945 City of Chula Vista
(619) 464-6934 :276 Fou.¡-¡h Avenue
F.x(619) 460-J716 ChulaVista,CA919lQ
Dear Madam Mayor:
It has been brought to my aHentjon that in me very near future, you and your
fellow Council members wi!] be deciding on whether or not the City of Clllùa
Vista should begin contracting animal control services with the Countv of San
Diego, I know for the past several months, the primary issue has been the
colldiùon of your animal shelter and the lreatment of ÜJC animals.
The purpose of this letter is to let you know that on June IS, 1997, Lemon
Grove's Mayor Pro Tern, Tom Clabby. and myself toured YOtu shelter facili::--,
We were very pleased to see improvements installed at the shelter, such as steel
barriers between kennels, heated pads- an expanded kennel size for Jarge dogs and
animals, and a 5eparate area for quarantined and sick animals. We also witnessed
genuine care for Úle animals by Chula.Vista Staff that included welfare inventory
inspections, animal examinations by- a veterinarian, and volunteers giving ¡he
animals their daily exercise.
Chula Vista City Council and staff should be commended for the improvements
made at the shelter and the sincere concern for the well being of the animals.
After touring your faciJjty, we are satisfied the animals at Chula Vista Animal
Shelter are being cared for properly and humanely,
Also, I wanted lO assure you that the level of services we are receiving in Lemon
Grove has been exceptionaL When compared to the level of services we received
from the County, the last two years with Chula Vista have bccn a dramatic
improvement. The anir:1a1 control officers designated to work in Lemon Grove
are always courteous, professional anà dedicated to their jobs. Lemon Grove
truly appreciates the dedication to our community by your animal control officers.
/6, y3
j-'j: I',:. ,:,~ ';, L£MONGEOE ;;'¡: NO, 61'?~SD371ô :
- '.. HC ..
Mayor Shirley Horton
City ofChula Vista
July 9, 1997
Page 2
In conclusion, I am confident the animal shelter will remain in standard working
conditions and that our animals ""iIl be in good hands under ChuJa Vista's
custody. I surely hope our 1\\'0 cities will contil1ue working together well into ¡he
m:xt millenium.
Sincerely.
~~~
M y T. sess:rn
City of Lemon Grove Mayor
cc: (hula Vista City Council
Chula Vista City Manager
Captn Wolf. Police Department
/8.- t/~
ATTACHMENT 4
BAHIA SUR KENNEL CLUB OF CHULA VISTA,Inc.
LICENSED BY AMERICAN KENNEL CLUB
p,o, BOX 877 TELEPHONE
CHULA VISTA.CA9Z012 (619) 420,8404
10 July 1997
Mayor Shirley Horton and
Members of the City Council
The recent adverse publicity received by the Chula Vista Animal
Shelter created concern among the members of Bahia Sur Kennel
Club of Chula Vista, Inc, This is a twenty three year old
association of professionals, skilled experts and highly trained
hobbyists within the dog community, recognized and sanctioned by
the American kennel Club, for the purpose of furthering and
improvlng the state of dogs in the human community. The concern
prompted the Board of Dlrectors of the Club to meet at the
shelter on Monday 7 July for a fact finding tour of the facility,
The following is a synopsis of the findings of the Bahia Sur
Kennel Club Board of Directors,
The current conditions we found at the shelter were exemplary,
with the exception of the cat accommodations. The procedures
described were comparable to, and in some cases superior, to
other shelters in the county. We toured the facility after hours
when no clean-up could have been done for at least two hours, and
the place was spotless, It is a ~ell run facility and even our
SHOW DOGS would fare well there.
Since the City Council has been pushed to the point of deciding
whether to continue providing local service, or abandoning a
seventy year tradition and contracting with the county, we ~s a
corporate citizen, expert in the care and keeping of dogs,
interested and knowledgeable in the keeping of cats and other
species, feel qualified in offering our collective opinion, That
opinion is for the City of Chula Vista to "stay the course" and
keep this part of government and community service local and
personal. Our citizenry is up to the task, we feel our government
is also.
We further commend the City Council, The Police Department, Chief
Rick Emerson, Captain Dan Wolf, Lieutenant Mike Becker and the
shelter personnel for their outstanding effort and community
cooperation in resolving needed capital improvements and
embracing the volunteer efforts previously needed by the shelter.
We feel that continued community involvement will be forthcoming
/g - c¡s
and accepted in spirit by the City for the betterment of the
entire area.
In looking to the future, and the continuing prospects for the
'1eed rof an animal shelter, it should be noted that the nationwide
trend of a reducing number of animals served by shelters applies
here also. This consideration in no way should diminish our
regard for the need to continue to treat the animals served
humanely with compassion, nor to diminish the current need to
provide adequately for the cats. It is urged that the City
continue to implement plans for a new cattery to fill the interim
need, and to plan,construct and utilize a complete new facility,
In the face of diminishing need and effective community
involvement, such a new facility may well be the last ever
required in our community.
P:'~
~ hn Bowen, President
ahia Sur Kennel Club
of Chula Vista, Inc.
JB: jb
CC City of Imperial Beach
City of Lemon Grove
City of National City
/8 - ¡~
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Mf;RCY CRUSAOf;, INC,
ANIMAL 'Wt;Lç:ARfORGANIZATION
July II, 1997
Letters to the Editor
San Diego Union-Tribune
P. å. Bo~ 191
San Diego. CA 92112-4104
RE: Chula Vista AnirnaJ Shelter i
I
Adequate County Vet Reports I
by Kathryn Balint
July 8, 1997
The county veterinarian ref"rred to in this article is Dr. J. Alfonso Guajardo 11 pathologist with the I
County's Department of Agriculture, Weights and Measures. One of their functions is to protect the public I
health from diseased and dead animals such as a suspected rabid animal. Why this department was called I
upon by Chula Vista Animal Control is a mystery, This is the FIRST TIME such a request has ever been !
made by an animal shelter, This is NOT their field of expertise ¡
As a COlU1ty employee it is incredulous that Dr. Guajardo did this inspection with the approval of his i
supervisor without talking to Mr. Hector Cazares, Director of County Animal Control or the County [
Supervisors. According to Dr. Guajardo. he was not aware that Chula Vista and the COlU1ty were cum:ntly f
negotiating regarding animal control services. If he know he "would not have done tl1e inspection." This ¡
issue has been in the San Diego Union-Tribune for the p~t four months, all reporting done by Kathryn ¡
Balint.
¡
A quote from Dr. Guajardo's report "I personally feel that methods and standards of operation are
adequate. and in some cases better than other city and non-profit owned animal shelters." What shelters is
he referring to'? Was this at someone's request, in what capacity and what were lùs credentials?"1
personally" implies a private opinion, so why was lùs report done on County stationery? Why was it
addressed 'TO WHOM IT MAY CONCERN"?
Dr. Guajardo worked for the County Department of Animal Control as a field officer. he worked at the
South County Shelter. He had only lùgh praise for the department. "San Diego's County Animal Control
is one of the most efficient and professional in the State."
The Department has received several prestigious awards for their outstanding accomplishments.
r
619'278-1745/ P,O. 8ox 17784/ SAN DIEGO. CALIFORNJA 92177
Recycled. ~ PIper Iff-50
Mf;RCY CRUSADf;, INC.
ANIMAL '\x1f;L+=ARf;ORGANIZATION
- 2 -
The Chula Vista Shelter has had the dubious distinction of being the harshest and most run down of all city
shelters. For the past dozen years it has been rapidly deteriorating with little or no repairs being made. The
city grew rapidly, the shelter remained the same, mired in a state of despair and disrepair. There was
always the promise that a new shelter was to be built. In February of 1996, the complaints and hoITOr
stories carne to light All letters and documents were given to the San Diego Humane Society and SPCA.
An investigation was started. ChuJa Vista was told to start making inunediate changes for the welfare of
the animals in the shelter. Very little was done for eight months. The Humane Society went back to the
shelter and pUt a scathing 26 page report together. Changes are being made, but they are woefully
inadequate. One thing is fIXed and another breaks down, because of all the years of neglect.
Heavy tarps act as walls. Dr. Guajardo remarked in his report that "this is a good method," On cold,
windy, rainy days, the tarps are not suitable. How would Dr. Guajardo like to live in a house with tarps as
protection and insulation?
The ChuIa Vista Shelter has had 110 available records for several years. This includes Chula Vista and the
contracting cities, Lemon Grove, Imperial Beach and National City. Did Dr. Guajardo question this? How
could he possibly know the fate of thousands of animals without this information?
Since the Chula Vista Shelter knew that Dr. Guajardo wås"coming. there was plenty'; of time to arrange
things and put the shelter in order.
Since the Department of Agriculture, Weights and Measures has never inspected an animal shelter before,
what can they compare it to? This is not part of their job, their expertise is in other areas. Because of this I
put very little merit in Dr. Guajardo's report.
~\J\,-:D l~~'3-ta-
Toni DiMaggio, Director
Mercy Crusade - Animal Welfare
4328 Mt. Putman, San Diego CA 92117
(619) 5õ5-7960
619'278'1745/ P.O. Box 17784/ SAN DIEGO. CALIFORNIA 92177
R.",I." ~ p,.., /8-$1
63 Inverness Dc;'. e :.ö:
Englewood. Co:o-eco SOl] 2-5 117
303179Z-99oo ;e.x 303/792-5333
July 9, 1997
The Honorable Shirley Horton
276 4th Avenue
Chula Vista. CA 91910
Your Honor:
The American Humane Association (AHA), this country's oldest and largest
humane federation, conducted a shelter evaluation of the Chula Vista Animal
Shelter on July 8 and 9, 1997. We found the animal shelter to be clean and
organized, however, the physical plant has reached the end of its service life. The
AHA strongly recommends that a new animal shelter be constructed to replace the
current facility.
While there has been criticism of shelter operations and staff procedures in the
media recently, AHA found instead a caring, professional and humane staff who
showed compassion and willingness to make changes to improve services and
operations. While the operation is not perfect, it can and should be able to
humanely and responsibly serve both the animals and the Chula Vista constituents
well until a new shelter can be constructed.
AHA cannot recommend that the City of Chula Vista contract with the County for
animal housing services since that shelter voluntarily releases animals to laboratory
research. AHA is unalterably opposed to shelters that voluntarily release animals
to research.
American Humane Association is optimistic that the Chula Vista Animal Shelter
can maintain humane services for animals, continue its fine field services and
operations, and construct a new animal shelter for the citizens for Chula Vista
within the next 18 to 24 months. AHA is furthermore willing to help, guide, or
advise the City in any way appropriate during this time of improving services on
behalf of the animals and public of Chula Vista.
Sincerely,
'.:: i .:~.. .".
Nicholas Gilman
Director of Field Services
American Humane Association
NG:sm
Protecting Children and Animals Since 1877 / g.. 52-
COUNTY OF SAN DIEGO
INDEX OF HANDOUTS TO CHULA VISTA CITY COUNCIL
JULY 15, 1997
Points ofIssue with City Staff Report
General Information Charts
Animal Control Service Providers within the San Diego Region
Animal Control Costs for Cities Contracting with the County
Animal Control Costs for Cities Contracting with Chula Vista
Shelter Animals Used for Medical Research
City Contracts which Preclude Use of Shelter Animals for Medical
Research
Animals to Research Fact Sheet
State Statutory Provisions re: Rabies Clinics
MAJOR POINTS OF ISSUE WITH THE CITY STAFF REPORT
REVENUES
. City staff claim the County's revenue estimates are "overly optimistic". On the other hand, they
acknowledge that City revenues are artificially suppressed in a failed attempt to encourage dog
licensing, Our projection of $260,321 - never revealed in the City staff report - is not vastly
dissimilar to the City staff projection of $221,055 under a revised fee structure (Table M page 32
without contract revenue).
. City staff imply our revenue projections cannot be trusted because the City of San Diego's recent
projections have been overly optimistic, This is unfair - San Diego's projections included pilot
revenue generation programs that were not as successful as hoped. We base estimates for Chula
Vista only on our experience with established programs.
. Time-limited grant revenues are used to lower the City's apparent costs. This is misleading - to
maintain the same level of service, the City must replace this funding when the grant expires (page
22 implies the grant is for one year, but the information is so vague that it is not possible to be certain
of the timeline).
Net revenue from contract cities is used in the cost comparisons, The Imperial Beach City Manager
recommends switching to the County for animal control services. City staff's report gives insufficient
information to suggest how much this will raise the City's net costs. On the other hand, the staff
report faults the county proposal for failing to include potential litigation costs associated with the
Lemon Grove contract.
. City staff downplay the fiscal impact of the new facility because funding would be from the PFDIF.
This is disingenuous - remember, any PFDIF money spent on a new shelter is not available for
corporate yards, fire stations, libraries, parks, and other needs.
COSTS
. Animal control is a regional issue - dogs do not recognize city lines, rabies does not stop at your city
boundary or the international border for that matter.. The County is promoting an effective regional
system of animal control. We do not "maximize profits" (page 4). All of our partner jurisdictions share
in the benefits, and economies of scale, of our regional program.
. City staff make much of the County's inability to guarantee future year costs. Yet City staff offer no
projections of future year costs for their program.
. A false picture is presented of the County contract cost to the City. The contracts offered by the
County are for fixed net costs each year - gross costs less estimated revenues - not the gross
costs shown in the report, Using this "net" cost formula, the first year costs for county service to the
City are:
.. Full Service .,",...",.....,....,......, $203,365
.. Shelter Only....."....."..."......,... $205,610
.. Patrol Only """""""""""""'" $197,716
.. LicensingOnly...",....."...."....,.. <$164,604>
No details are included on the City's operating costs. Are support costs like Police Department
oversight, personnel and payroll, utilities, etc. included? Automation cost is briefly discussed (page
16), but appears to be missing from the total costs. These hidden costs raise the true cost of the
City's program. The County's proposals include all costs.
The cost for Shelter Service Only will not "fluctuate based on the actual number of impounds"
(page 28). Our proposals are for fixed costs each year. The total impounds are used to set future
year's costs, but would not affect the current year cost.
City staff proposes to amortize the cost of the new shelter over 50 years. This is a very optimistic
life-span for this type of facility; the current city shelter needs replacement after only 20 years.
SERVICE PROVISION
. City staff claim they have addressed the issues raised by the Humane Society, but this hasn't
been verified by the Humane Society, Rather, City staff went shopping for a more positive report
from the County Veterinarian and the American Humane Association (no relation to the San Diego
Humane Society).
. Much of the recent improvements in the City shelter have been through the efforts of volunteers
concerned over the conditions reported in the Humane Society's report and the press. Volunteers
are a very important component to the provision of community services such as animal control.
However, it is not prudent to use volunteers to supplant ongoing, permanent staff. Volunteers
should supplement staff functions with enhanced, "nice to have" but not essential functions.
Our response times will not worsen if the City is added (pages 29 and 35), Our recent times are
worse than they should be because of our staffing shortages. We are correcting these shortages
this year. If the City is added, we anticipate adding another three additional patrol officers to insure
this improvement continues.
. The County's proposals are for existing proven programs.. While we are proud of our efforts to fine-
tune and improve these services, they are not based on crisis-driven efforts to throw together a
program:
.. The County has always had sufficient shelter staffing on Saturdays.
.. The County was a leader in establishing a regional micro-chip implant effort.
.. The County has an existing program requiring veterinarians to report rabies vaccination
information,
.. The County has existing programs to encourage adoption and responsible pet ownership -
Walk WIth The Animals, Weekend Adoption Events, school presentations, etc. - City staff are
"hoping to work with PETS to develop creative programs. (page 4).
SAN DIEGO COUNTY
ANIMAL CONTROL SERVICE PROVIDERS
Carlsbad County of San Diego County of San Diego
Chula Vista Chula Vista Chula Vista
Coronado Coronado Coronado
Del Mar County of San Diego County of San Diego
El Cajon El Cajon El Cajon
Encinitas County of San Diego County of San Diego
Escondido RFP this month RFP this month
Imperial Beach Chula Vista Chula Vista
La Mesa El Cajon By contract with Chula Vistsa
employees
Lemon Grove Chula Vista Chula Vista
National City Chula Vista National City
Oceanside North County Humane Society North County Humane
Society
Poway County ofs.an Diego County of San Diego
San Diego County of San Diego County of San Diego
San Marcos County of San Diego County of San Diego
Santee County of San Diego County of San Diego
Solana Beach County of San Diego County of San Diego
Vista North County Humane Society North County Humane
Society
County of San Diego County of San Diego County of San Diego
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SAN DIEGO COUNTY
ANIMAL CONTROL CONTRACT LANGUAGE
PRECLUDING USE OF POUND ANIMALS
FOR MEDICAL RESEARCH
ImI"f}~-~"- ~-.~N;;'~L~ r)~.~';~(!~
f.i__~~h"r~~~it ~~l¡fJ"~~
Carlsbad County of San Diego YES
Del Mar CountY of San Diego YES
Encinitas County of San Diego YES
Poway County of San Diego YES
San Diego County of San Diego NO
San Marcos County of San Diego YES
Santee County of San Diego YES
Solana Beach County of San Diego YES
CountY of San Diego CountY of San Diego NO
ANIMALS TO RESEARCH
FACT SHEET
Recent Data
Fiscal Year Dogs Cats
1991,92 226 6
1992-93 243 0
1993-94 159 0
1994-95 84 0
1995-96 65 0
1996,97 64 0
Contract Cities which Preclude Animals to Research
Carlsbad
San Marcos
Del Mar
Solana Beach
Encinitas
Poway
Santee
Proposed Contract Language Precluding Animals to Research
"The County agrees to continue its existing practice of not providing animals originating in City
to UCSD or any other facility for research purposes and agrees to give City sixty (60) days
written advance notice of any change in that practice, At an annual review, the City Manager
shall determine that there has been no change in County Animal Control policy that would result
in the sale to the University of Cali fomi a at San Diego (UCSD) or any other facility for research
purposes of animals picked up or originating within City limits."
Rabies Areas Licensing, Vaccination Regulations.
(H. & S. 121690.) In rabies areas, all of the following shall apply:
(a) Every dog owner, after his or her dog attains the age of four months, shaH
, no less than once every two years secure a license for the dog as provided by
ordinance of the responsible city, city and county, or county. License fees shall
be fixed by the responsible city, city and county, or county, at an amount not to
exceed limitations otherwise prescribed by state law or city, city and county, or
county charter.
(b) Every dog owner, after his or her dog attains the age of four months, shall,
at intervals of time not more often than once a year, as may be prescribed by the
department, procure its vaccination.by a licensed veterinarian with a canine I
antirabies vaccine approved by, and in a manner prescribed by the department.
(c) All dogs under four months of age shall be confined to the premises of, or
kept under physical restraint by, the owner. keeper, or harborer. Nothing in this
chapter and Section 120435 shall be construed to prevent the sale or
transportation of a puppy four months old or younger,
(d) Any dog in violation of this chapter and any additional provisions that may
be prescribed by any local governing body, shall be impounded, as provided by
local ordinance.
(e) It shall be the duty of the governing body of each city, city and county, or
county to maintain or provide for the maintenance of a pound system and a rabies
control program for the purpose of carrying out and enforcing this section.
(f) It shall be the responsibility of each city, county. or city and county to
rovide do vaccination clinics, or to arran e for do vaccination at clinics
i . operated by veterinary ~oups or associatIons, held at strategic ocatlons
¡ throu out each ci ,city and county, or county. The vaccination and licensing
¡ procedures may e com ine as a smg e operation in the clinics, No charge in
excess of the actual cost shall be made for anyone vaccination at a clinic. No
owner of a dog shall be required to h3¥e his or her dog vaccinated at a public
clinic if the owner elects to have the dog vaccinated by a licensed veterinarian of
the owner's choice.
All public clinics shall be required to operate under antiseptic immunization
conditions comparable to those used in the vaccination of human beings.
(g) In addition to the authority provided in subdivision (a), the ordinance of the
responsible city, city and county, or county may provide for the issuance of a
license for a period not to exceed three years for dogs that have attained the age of
12 months or older and have been vaccinated against rabi<;.S. The person to whom
the license is issued pursuant to this subdivision may choose a license period as
established by the governing body of up to one, two, or three years. However,
when issuing a license pursuant to this subdivision, the license period shall not
extend beyond the remaining period of validity for the current rabies vaccination.
A dO3 owner who complies with this subdivision shall be deemed to have
CO «1 li~d with the requirements of subdivision (a),
(En:"Aed 1957, amended 1995.)
-
Page 25, Item -
Meeting Date 07/15/97
~ SERVICE ALTERNATIVE, CONTRACTING WITH THE COUNTY
As directed by the Council on May 20, 1997, City staff met with County staff to explore animal
control service options (shelter only, field service only, or full service). A proposal, subject to
negotiations, has been provided by the County for each component, All of the proposals received
are for a one year duration. The County was unable to provide a fixed price proposal or multi'year
proposal with caps. County staff believes that the numerous variables (fuel, supply costs, salary
increases, etc,) surrounding animal shelter services are difficult to predict. Using County staff's
own words, "The County cannot offer a multi-year contract at a predetermined set rate, it is
impossible to accurately project cost and revenue changes over time and obtain full recovery of
costs for services provided by contract."
Furthermore, as we indicated on our May 20, 1997 report, the County Animal Control Department
is currently undergoing a reorganization and restructure of methodology used to calculate costs
for services. As a result, all existing contractual agreements with the County are for the duration
of one year. Thus, if the City elected to contract with the County, the contract would be subject
to an interim agreement subject to renegotiation. Absent. a long, term commitment for service,
multi, year contracts or price caps, entering into an agreement at this time is not a desirable
alternative.
Countv Contract Costs
The first year's contract cost for full service, shelter service only, patrol service on a priority basis,
is as follows:
Table I: County Contract Costs
Full Services Shelter Only Patrol Only
Direct Costs $362,185 $177,852 $169,920
Dept. Overhead 54,621 26,822 25,626
External Support 46,880 23,021 21,994
Oeea ^Ail'Ral Pial< ,,~ aAa 22,000 0 22,000
¡;¡8s~eAse te Neise
CeFR~leiAts ~~gðJ¡¡m~!
~¡ê~\1!¡f
Total Cost $485,686 $227,695 $239,540 ~/'/'
!
Despite the County's efforts to provide a contract, inclusive of all associated costs, specific dollar
costs associated with facility expansion, repairs, maintenance, vehicles, etc" are not included.
70ead animal pick-up aRB r..~aR.. ta Rai.. .a"'~la.i~t. ".'.:1* not provided by County Animal
~.@y~t~:¡¡rêYlg~NfM#Mg~!j!m~!¡¡¡Þ~¡i1¡¡¡' ~ ,'Th¡¡,~gg¡tlð¡¡âl'
/¥/;2-1
fl7/15/1997 17: fl5 5195521445 BIA OF SAN DIEGO PAGE fl2
~ BU1LJ)1N
ASSO 10
SAN. DIE Oc
6336G~Dttve,SuÈA
s... OIoIgo, CA 0212U994
(619)450-1221
FAXNo,(819)S52-1445
Joly 15, 1997
PRESIDENT
Chri. J..Chambeno Mayor
COnllnentBI Hanes
VIce PflESIDENT. .
Mark MoMlllln
M<:Milin Companies
"tREASURER
Miele Palllnsan
Bðrratt American
SECRETARY The BuiJdbt Assoc.iation would like 10 register its a>.1Jcetn regarding the
COlin seld cxpcDditUJe on!. bnpect Fee. (DIF) for:your animaI control sbelter. Dming our
CoIRiCh communities, k1c. rt:YÌr:wof 's Public }'açi ity DIP prognom we highlighted some problems
.n:~g ocation of new developrlltll!i firir shaxe xespoßSlõllity for providing
. IMMEDIATE PAST point is tho matter ~ this ex>unàl1Onigh!. The need for a new
PRESIDENT out of the inability of the City's p- $!Idler to meet c:m:œn1
Ian M. Gill striQt1y beœuse of any 1JIaj0r In=aso in need generated by Dew
Hghlsi>d Pall,nership, Inc, 'çu aIiy con=ned when the City lists Deve1opmon!. Impact Fee.
EXECU1lVE ' ble """"'" of &nding. We boliGW this =ates the opportunity !Or
wbich can n:suIt in more money e>q>ended for a project then r=I
VICE PRESIDENT assessed.
""'" A. Tryon
for the use of these funds clearly describes the need on the part of
CaI/omla BWding nexus between the DIP and its use. We do not believe that Chula
Industry ~ ntificd die proper nexus for tJûs project at this tiroe and -would urge
Nallonal - this expenditure.
01 Home Bliiders eçooomic ICSOUIõCS an: thin it woold better serve the 111m' home
. g the$C ítcs if you can:fiJl1y consider other more cost c1fedive
. serviœ 10 yout commnni1;y iru:lnding the possibility of conb'acIing
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151 arnmg,thevrandUIQ .tile nearLrenUlllg ClïSIS
m competing elements,
)d a study after the '96 t Chul V. t A "YI1';~ I Sh It '
~r r the Dole camp~ign a a IS a.l1ll.lllla e er.,
,t an five party facuons.
mb r, which his candidate
:cc ss - had sought to
nsi t of: By Lauren Jonlaux connected), it was not surprising to find. '
is, ho are interested Animal abuse: No one likes to read or this lack of direction for everyday proce' :: \
19 uts and a balanced hear aboutit, and yet it occurs all dures aswell, , "~
, too often in San Diego County. The The discl,?sures ma,de In the ~clety s - i
S, f r whom tax reductIOn San Diego Humane Society and S,P.C,A. relX!rt are disheartenmg?n thelf own . !
ler ssues"" investigates over 2,100 cases of abuse ment,butyetanothertwlsthasoccurred:: ¡
)nc rned mainly WIth op- each year, Most ofthese are in homes or to I.'ull even more tensIOn on ~ose heart- '~ "
Ind gay rights, and who privately run businesses, but more recent- stnngs, ,Remember, Chula V1St~ ~al : i
le~ ,", ' , ly, a governmerit-run shelter has come un- ,S~eltefls~g?Vernment'runfacllity- ;' ,I
.uli ~s, tar~etlng cnme, derflfe, facing severe charges of animal Cltyrun-:-Wlth Mayor Horton~t the, ;:, I
ma I,:e action., ' F neglect and abuse. , ' , helm. y.'hile most ~ould e~pect unmediat:..:,
fav DOg abortIOn nghts '" , Following a lengthy investigation, the atte!ltion, conc~rn an~ actIOn toward cor- ~'
ed . , Humane Society has substantialed com: recting a,ndlor lIDpr°Vl!'g ~e South, Bay ¡
'be his bunch should ad, plaints against the Chula Vista Animal ' S~elt,er,Just th,e oPP,oslte IS happening, 1
ta er, Shelter in a 26-page report, provided to WIt!t lffesponslble dlSre¡¡ard and delay~, '-
J " Chula Vista Mayor Shirley'Horton, City At Its most,recent meeting o!, May 20, th~~~, ,
Council members and top administrators, CIty Council voted to a~owclty st~yet : =' ','
, , ' . Thisre' rtaetailsmariYareasofconèern: ;'i..another>4,f\,da~s~orey!~wJhe.optionsnow..
J.." ",', "'.~""""""?"'.d"""" ,,' ..,,' "áJ'" ""ti"'-,'-" "on'theta"b1é'10r, cll,scu"ss"lo,n,:T', his follows ','
, , ,. 'UüI' cow warrant cnnun prosecu on.' , , """"'. '. . ',' ' "
j , ':TheChwaVistaAnimalShelterprovides' severalo!llerdelày~~alwaysaskingfor: -
, animal control services not only for Chula' more repo~s. ,. ,.', ,< ¡
Vista, but for Lemon Grove, National City, T,he SocletYlsdeeplybother~d by the ':~ i
, and Imperial Beachas well, ' ,cl~ysappar~ntlac~ofconcernandcom- ':
., Humane officers are trained and certi- nutment, to ~ediate change, At th,e ~ay- ,
~ fled to educate animal owners and care- 20 meeting, It wa~ clear, that the main lID' ~:
;, takers on proper animal care, veterinary pedirn,ent pr,event!Dg better care for the :::
" needs and state laws that protect the wel, suffenng arumals IS Mayor Horton., ;
,~. fare of helpless animals" Mayor In opposition
, For mon~s:the San D,iego Hwnane So- For more than a year, Horton has re- . ,:.
" clety has tned t'? 'York WIth. the Chula VIS' fused to accept the severity of the preva¡¡~::
ta sh~l~er's administrator~ m the hopes of ing conditions, publicly stating her denial',:
proVl~g long-tenn solutions to ever- and attacking the credibility of the Hu- ..
gr°":'IIg pr?blems, T~ese problems ar~ mane Sodety, During questioning of Soci.-",:
. !lot sllDple madeq~acles: they are multiple ety staff, it became clear that she has no -;;;
!, ' m nature and are Intensified by a lack of real understanding of the role of the San'-:
nd eministmovem~nts, proper guidance. " Diego Hwnane Society in this county. Un:::'"
es t politics, Mo~aJer Besides the obvious need for facility fortunately, the city's inaction and lack of, ~ '
he, 'oks she registered modifications and improvements, the So- résponsibility ÎlOt onlý affect people, they, " ,
has never cast a ballot. ciety has found prevailing problems in pol- weigh héaviest on the animals, ',"
:oh jer is not representa- icies and procedures, Almost symbolic, ' , : Initially, the Society was putting all its ':
ion, She is representatlve there are no exterior walls or barriers, effo~s intoworkiI¡g with Chula Vista staff,
II akeup. protecting thè animals, and at the same to modify the prešent facility and improve'-
at a~y gets under my time, there are no concrete policies, pro- working conditions, Recommendation for.
en atlOnal stuff: the cedures or priorities for staff to follow in improvements are listed in the 26-page '0
ar' which you were born the daily care of those animals. report, and the. Hwnane Societyhaspro-,_-
In o:'~ level of intelli, A simple daily cleaning ~comes a vided technical eXpertise on site as well. :: ':
ore tlVlty, Sure each gen' nightmare when kennel attendants hose Everything f~òm veterinary care to volun-'.
1;1\ ultw:al refere~ces and through the kennels, drenching the ani- teer coordin~tion has been covered WIth ::
w c llectlve expenences, mals and their towels, if they have any. regard to policy,settmg and everyday pro~;
at mersandGenXers Fecal matter is hosed haphazardly as well, cedures.! , ,
,n C n.'mon than I!°t. And often landing in the drinking bowls. Chula Vista Animal Shelter adrninistra, ,~>
na m common IS that we There are no surrounding walls, only tors also have been making positive
jel ~rentroPI~. tarps. So, if the animals get wet and a cool strides. Efforts have beenmadè ~o fIX bro': .
ma, ~e,o us~ f breeze comes along, they can get chilled, ken heaters and erect some bamers be", !
sa e. am It~US. I ~ 0 which might make them more susceptible tween kennels, and new methods are be, ': I
eo us c;ar~ eep ht ut to disease. Disease can then spread most ing used for proper care and cleaning. , \
;5 ~~~~r:eo~;y ~ener' easily as there are no protective barriers, ,Wh!le. this does appear somewha~ proni,~ ¡
,¿ rpetuate the myth between kennels. ISIng, It a~tually se,rves as a Band-Aid, '.. \
tan 'vely different from Records missing temporarily coverIng a so~~ that may ne.v, , 1,
"ial fora rofit Novelist erheal.Mostoftheprevailingproblems" ,
~I ~ghing~llth~Wayto C?nsidering the fact that there aren? didn,?tjusthappe,noveœght:Addtothis: !
e oney he makes ex- retnevable records (adnumstrators clal~ ,the, City Council s conslde~ation of a ne:-v ' ;
ora ion to corporate exec, all was lost when a computer cord was dis, ,facility at $1. 7 miilion. While c~n~tructlOn ì
IS estimated at take two years, It IS very
likely that it could go on for three or four
JONIAUX is interim e.xecutive director of the years, necessitating more money, and
San Diego Humane Society, once again, causing unnecessary delays ,,--
for the animals,
- - -"...
RESOLUTION NO. /3'73/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RETAINING SHELTER AND ANIMAL
SERVICES
WHEREAS, recent inspections by the County veterinarian
and the American Humane Association has determined that the present
condition of the Chula vista Animal Shelter meets standards with
the exception of the need to construct a cattery; and
WHEREAS, staff is recommending construction of a wall in
the existing Shelter which will accommodate a separate area for
cats to comply with County Code 62.645.12(d); and
WHEREAS, both the County veterinarian and the American
Humane Association have concluded that the present infrastructure
at the Shelter is acceptable for another two to three years; and
WHEREAS, additional staffing at the Shelter has enhanced
Shelter services; and
WHEREAS, a new Animal Shelter is proposed to be
constructed within fourteen months; and
WHEREAS, the City is a more cost effective alternative
than contracting with the county of San Diego; and
WHEREAS, the city provides a higher level of field
services and comparable level of shelter services to the County of
San Diego.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby retain providing full Animal
Control Services.
Presented by Approved as to form by
Richard P. Emerson, Chief of John M. Kaheny, city Attorney
Police
c: I r.l.h_lt_r
/15/1-/
RESOLUTION NO. ¡I¿r~?i5f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $2,500 FROM ANIMAL
SHELTER DONATIONS AND $2,300 UNCLAIMED CASH
BOND FUNDS FOR CONSTRUCTION OF A CATTERY
WHEREAS, County Code 62.645.12(d) requires cats to be
housed in a separate primary enclosure from the dogs; and
WHEREAS, staff is recommending construction of a wall in
the existing Shelter which will accommodate a separate area for
cats; and
WHEREAS, the estimated cost of $4,800 includes a separate
room for cats, electrical lighting upgrades, heating and
ventilation; and
WHEREAS, construction can be completed within 30 days.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby appropriate $2,500 from Animal
Shelter donations and $2,300 from unclaimed cash bond funds for
construction of a cattery.
Presented by Approved as to form by
Cl- !vL~ 6t. k
Richard P. Emerson, Chief of John M. Kaheny, City torñey
Police
C:\rs\cattery
/88-/
RESOLUTION NO. / JY73;¿
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING $97,396 FOR STAFFING
FROM UNANTICPATED SALARLY SAVINGS AND AMENDING
THE FY 97-98 BUDGET TO ADD ONE KENNEL
ATTENDANT ($31,624) HOURLY WAGES FOR OFFICE
HELP AT THE ADMINISTRATIVE OFFICE ASSISTANT 1
LEVEL ($30,072) AND PROFESSIONAL SERVICES
FUNDS ($35,700) FOR A PART-TIME VETERINARIAN
AND REGISTERED VETERINARIAN TECHNICIAN
WHEREAS, at its May 20, 1997 meeting, Council authorized
Police staff to fill on a part-time basis for 45 days additional
staffing to be added to the Animal Shelter kennel and office in
addition to a part-time veterinarian and registered veterinarian
technician; and
WHEREAS, a total of four positions were authorized to be
filled and $12,000 was appropriated for this purpose; and
WHEREAS, since Council's action on May 20, staff has
hired the additional kennel attendant and office staff and the
part-time veterinarian which has enhanced the Shelter's services;
and
WHEREAS, additionally the enhanced staffing will allow
for expanded Saturday hours at the Shelter.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby transfer $97,396 for staffing from
unanticipated salary savings and amending the FY 97-98 budget to
add one Kennel Attendant ($31,624), hourly wages for office help at
the Administrative Office Assistant I level ($30,072) and
Professional services Funds ($35,700) for a part-time veterinarian
and Registered veterinarian Technician.
Presented by Approved as to form by
Richard P. Emerson, Chief of John M. Kaheny, City Attorney
Police
c: \r.\cattery
/()C~ )
RESOLUTION NO. )~j7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING STAFF TO PROCEED WITH
THE SITING, DESIGN AND CONSTRUCTION OF A NEW
ANIMAL SHELTER AND APPROPRIATING $95,000 FROM
DEVELOPMENT IMPACT FEES (DIF) FOR CONCEPTUAL
DESIGN SERVICES AND FINAL ARCHITECTURAL
DRAWINGS
WHEREAS, in an attempt to fast track the construction of
a new shelter, staff is proposing to pursue a design-build process
which would involve a combined bid process for a construction firm
and a subcontracted architect; and
WHEREAS, the total estimated construction time is
fourteen months until project completion; and
WHEREAS, if a decision is made to move ahead with
facility construction, staff has already been in contact with
several design professionals who have worked on other area animal
shelters; and
WHEREAS, conceptual design services is estimated to be
from $8,500 to $25,000 and final architectural drawings are
estimated to cost an additional $70,000; and
WHEREAS, staff would circulate an RFP for design; and
WHEREAS, the Public Facilities DIF was established in
1989 and the City has been collecting monies since that time for
various public facilities and includes approximately $727,000 for
the animal shelter and kennels, with associated costs for land,
parking lots, design, equipment and contingencies bring the total
amount funded to approximately $1.7 million.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby direct staff to proceed with the
siting, design and construction of a new Animal Shelter and
appropriating $95,000 from Development Impact Fees (DIF) for
conceptual design services and final architectural drawings.
Presented by Approved as to form by
Ov.- YVLt~ ~h
Richard P. Emerson, Chief of John M. Kaheny, City torney
Police
c: \r.\cattery
)~f)/ /
Robert M. Villarreal
2257 Tal! Pines Drive R£CEIVED
Chu/a Vista, CA 91915
'97 .M 10 All :09
January 9, 1997
IfI#A y/tit
,... ,S GFFIC":
Office of the City Clerk
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mayor and Councilmembers:
Please accept my application for serving on the City of Chula Vista's Planning
Commission. I am interested in serving on this Commission, not only
because of the impact it has on the future development of the City, but also
because of the critical role planning plays in a resident's quality of life. I am a
Community Economic Development Specialist and work in communities
that are blighted and deteriorating, due in part to poor and inadequate
planning. I am aware of the mistakes, and successes, that other cities and
communities have made and will bring that experience to the Commission. I
will also bring an enthusiastic approach and passion for successful planning
and development to the City of Chula Vista. I was raised in Chula Vista and
my wife and I made a very conscience decision to raise our family in Chula
Vista. As you will note in the attached resume I have a commitment to
communities and their development. I have served on the San Ysidro
Planning and Development Group and have been a participant on
committees that have dealt with planning and development. I wish to focus
now on serving in the community that I have lived in for most of my life,
I look forward to hearing fro", you and further discussing my qualifications.
Thank you for your consideration.
~~'
Robert M. Villarreal
02 ¿:Ja. - r
MEMORANDUM
July 14, 1997
TO: The Honorable Mayor and City Council
VIA: Joho D. Go", C;ty M,o"" tJ e J
FROM: Richard P. Emerson, Chief of Police [}.
SUBJECT: Item 18 - Animal Control Report Corrections
During the last 45 days an enormous amount of information has been accumulated
from discussions from the County staff on animal control services. The staff report
(Item 18) is representative of those discussions with County staff. County
information sections of the report were forwarded to the County for verification of
information. Since publication of the report, County staff has noted various
corrections. These corrections are attached for your review. Information deleted is
noted by strike-out and information added is noted by shading, These pages may be
substituted for the same corresponding pages in your Council Agenda packet.
Item 18 in your original Council Agenda packet was copied single-sided (not double-
sided) to allow for insertion of additional information pertaining to animal control
services.
If you have any questions, please contact me at extension 5185.
REP/scs
cc: City Clerk