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Agenda Packet 1996/06/18
UI declare ~nder penalty of perjury that í am employed by the City of Chula Vista in the Office of the City Clerk and that I posted Tuesday, June 18, 1996 trua Agenda/Notice on the Bulletin Board at Council Chambers 6:00 p.m. the Public ervices Building and at City'Hall on Public Services Building DATED. <,,y;:¡: SIGNED~~~_' n ReilUlar Meetio1! of the City of Ch a Vis Itv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _. Moot _, Padilla _, Rindone _. and Mayor Horton _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: May 28, 1996 (City Council Meeting) and May 28, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) 4. SPECIAL ORDERS OF THE DAY: None submitted. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 12) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the stoff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the Assistant City Attorney stating that as a result of deliberations that occurred in Closed Session on 6/11/96 the City Council appointed Ann Moore as the Interim City Attorney. The City Council also discussed Fritsch v. the City of Chula Vista and labor negotiations. Except for the foregoing, there were no other observed reportable action taken. It is recommended that the letter be received and filed. ~~J. 7f~/¡fp (j lAklLi~ce Agenda -2- June 18, 1996 6. RESOLUTION 18337 APPROVING SEVENTH AMENDMENT TO AGREEMENT WITH REMY, THOMAS AND MOOSE FOR LITIGATION REPRESENTATION SERVICES - The City retained Remy & Thomas at Baldwin's expense. The lower court trial is now complete and on 4/19/95, Chaparral Greens filed a Notice of Appeal, appealing the lower court's denial of a writ of mandate. Ms. Thomas' bill will now exceed $632,000 by $35,000 with additional expenses for the appeal. Baldwin concurs with the increase, and of course, is solely liable. Staff recommends approval of the resolution. (Interim City Attorney) 7. RESOLUTION 18338 APPROVING THE PAYMENT OF BUILDING FEES FROM HOME PROGRAM FUNDS, NOT TO EXCEED $1,000, ASSOCIATED WITH THE HABITAT FOR HUMANITY REHABILITATION/FIRST-TIME HOMEBUYER PROJECT LOCATED AT 194 CARVER STREET, AND APPROPRIATING FUNDS THEREFOR - Habitat for Humanity, a non-profit organization has acquired a single family home located at 194 Carver with the purpose of substantially rehabilitating it and selling it to low income first-time homebuyer family. In order to make this a successful project, Habitat is proposing to use volunteers to make improvements to the home and to obtain building material donations from local merchants. In addition, Habitat is requesting that the City cover the payment of the building fees associated with this project. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. 8. RESOLUTION 18339 AMENDING AGREEMENT 11-4239 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION EXTENDING THE TERMINATION DATE AND BUDGET THROUGH 1996/97 FOR THE TELECENTER PROJECT - Approval extends an existing agreement with no additional requests and allows a rollover of funds from one fiscal year to the next. Staff recommends approval of the resolution. (Environmental Resource Manager) 9. RESOLUTION 18340 AMENDING THE 1995/96 BUDGET FOR THE PUBLIC WORKS GARAGE TO APPROPRIATE FUNDS DUE TO INCREASED FUEL COSTS AND CONSUMPTION AND UNANTICIPATED REPAIR WORK- The Central Garage has had unanticipated expenditures due to increased fuel prices. Additional funds are needed to ensure that the garage's budget has sufficient funds to cover remaining expenses for 1995/96. Staff recommends Council approve the resolution appropriating $19,790. (Director of Public Works) 4/5th's vote required. 10.A. RESOLUTION 18341 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, UNIT 1 ACCEYfING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEYfING THE 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 - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake Greens. On 8/16/94, Council approved the Amended Tentative Map Agenda -3- June 18, 1996 88-3A for EastLake South Greens, and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18342 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 1 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUTE SAME 11. RESOLUTION 18343 EXTENDING AGREEMENT WITH CALGIS, INC. FOR A GIS BASED TRAFFIC ACCIDENT RECORD SYSTEM - On 6/30/96, the agreement with Calgis, Inc. for development of a GIS based Traffic Accident Record System will expire. This is a grant funded project through the State of California Office of Traffic Safety (OTS). The agreement needs to be extended to 12/31/96 to allow for completion of the project. Staff has requested and received a project extension through 12/31/96 from OTS. Staff recommends approval of the resolution. (Director of Public Works) 12.A. RESOLUTION 18344 APPROVING ISSUANCE OF AN ANNUAL ENCROACHMENT PERMIT FOR IDENTITY AND OTHER BANNERS TO BE PLACED ON CITY LIGHT STANDARDS IN RANCHO DEL REY AND AUTHORIZING STAFF TO ISSUE FUTURE EXTENSIONS ON THE ENCROACHMENT PERMIT - Application has been made for a temporary encroachment permit for ground-mounted directional signs and cloth identify banners mounted on City street light standards for the Tour d'Elegance. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18345 APPROVING ISSUANCE OF A ONE- YEAR ENCROACHMENT PERMIT FOR IDENTITY AND OTHER BANNERS TO BE PLACED ON CITY LIGHT STANDARDS IN RANCHO DEL REY AND INSTRUCTING STAFF TO RETURN WITH A POLICY ON PLACEMENT OF BANNERS WITHIN CITY RIGHT -OF -WAY PRIOR TO FUTURE EXTENSIONS OF THE ENCROACHMENT PERMIT * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation,. complete the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 13. PUBLIC HEARING CONSIDERING A RATE ADJUSTMENT FOR FISCAL YEAR 1996/97 INCLUDING A RATE DECREASE FOR COMMERCIAL REFUSE AND A RATE INCREASE FOR RESIDENTIAL REFUSE, YARD WASTE AND RECYCLING SERVICES - There are proposed changes to the existing rates _._-_.._._~_._~_._._-- Agenda -4- June 18, 1996 charged by Laidlaw Waste Systems as a result of a number of changes to different components of the rate. Although some of the components may be proposed to increase and some to decrease, the overall effect on final rates is a decrease for the existing rate for commercial and an increase for residential service. The rate adjustments do not include the cost of adding mixed paper to curbside or the disposal costs associated with providing periodic Community Clean-up events for residential and multi-family customers. Staff recommends approval of the resolution. (Deputy City Manager Krempl and Conservation Coordinator) RESOLUTION 18346 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE, RESIDENTIAL AND YARD WASTE RECYCLING EFFECTIVE 7/1196 14. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1996/97 LEVY OF ASSESSMENT FOR CITY OPEN SPACE DISTRICT NUMBER 1 - Based upon the advice of the City Attorney, this agenda item has been separated due to conflict of interest concerns. Staff recommends the public hearing be opened, testimony taken, and the public hearing closed. (Director of Public Works) 15. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1996/97 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NUMBER 10 - Based upon the advice of the City Attorney, this agenda item has been separated due to conflict of interest concerns. Staff recommends the public hearing be opened, testimony taken, and the public hearing closed. (Director of Public Works) 16. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1996/97 LEVY OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NUMBER 1 - Based upon the advice of the City Attorney, this agenda item has been separated due to conflict of interest concerns. Staff recommends the public hearing be opened, testimony taken, and the public hearing closed. (Director of Public Works) 17. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 2-9,11,14,15,17, 18,20,23,24,26,31, BAY BOULEVARD, AND TOWN CENTER - The City administers 24 open space districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons. trails, medians, etc.) associated with and benefitting that particular development. As part of the process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. On 5/23/96, Council approved the open space reports on assessments for all existing open space districts and setting the public hearings. A second public hearing is scheduled for 7/16/96. (Director of Public Works) ----- -"- _.."..,---._-~ Agenda -5- June 18, 1996 ORAL COMMUNICATIONS This is an opportunily for the generol public to address the City Council on any subject matter within the Council'sjurisdiction that is!1Jl1 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 yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council wül consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by the Council, stqff, or members of the general public. The items will be considered individually by the Council and stoff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 18. RESOLUTION 18316 ACCEPTING BIDS AND AWARDING CONTRACT FOR "THE CONSTRUCTION OF MEDIAN ISLANDS ON COUNTRY CLUB DRIVE IN THE CITY (TF-222) - On 5/1/96, sealed bids were received. Funds for the construction of the project were included in the fiscal year 1995/96 Capital Improvement Program budget. The work to be done includes the installation of stamped concrete medians, pedestrian ramps, sidewalks, and traffic control. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 5/28/96. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councibnembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 19. CITY MANAGER'S REPORT IS) a. Scheduling of meetings. b. Council direction regarding issues for further analysis in preparation for final budget workshop and sdoption of budget. ~ - - - .._--_._-----~-_.._._._-- Agenda -6- June 18, 1996 20. MAYOR'S REPORT IS) 21. COUNCIL COMMENTS Councilmember Rindone a. RESOLUTION 18347 SUPPORTING THE EXPANSION OF JACK MURPHY STADIUM AND THE SAN DIEGO CONVENTION CENTER b. Development of policy for reserve fund balance. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a Special MeetinglWorksession on Thursday, June 20, 1996 at 6:00 p.m. in the Council Conference Room, thence to a Special Joint Meeting of the City Council/Planning Commission on Tuesday, June 25, 1996 at 6:00 p.m. in the City Council Chambers, and thence to the Regular City Council Meeting on July 9, 1996 at 6:00 p.m. in the City Council Chambers. A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council Meeting. ***** CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following üems of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of Ji!!il1 action taken, and atljournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 22. CONFERENCE WITH LEGAL COUNSEL REGARDING: - Anticipated litigation pursuant to Govermnent Code Section 54956.9 . Fritsch vs. the City of Chula Vista PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, 1AFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ---- _____.._._._..__.._.____m_.. _ June 13, 1996 TO: The Honorable Mayor and city Council FROM: John D. Goss, City Manager~ ~~ ~l~ SUBJECT: city council Meeting of June 18, 1996 This will transmit the agenda and related materials for the regular City council meeting of Tuesday, June 18, 1996. Comments regarding the Written communications are as follows: 5a. This is a letter from the Interim city Attorney stating that, as a result of deliberations that occurred in Closed Session on June 11, 1996, the city Council appointed Ann Moore as the Interim city Attorney. The City Council also discussed Fritsch v. the City of Chula vista and labor negotiations. Except for the foregoing, there were no other observed reportable actions taken by the City Council in Closed Session. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~~f?- =~~ ~-..::~~ "'"~~~ - - -~ CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: June 12, 1996 To: The Honorable Mayor and city council From: Ann Moore, . 't tt q¡(}, Inter~m c~ y A orney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 6/11/96 The purpose of this letter is to announce that as a result of deliberations that occurred in Closed Session on June 11, 1996, the City Attorney's office reports that the city Council appointed Ann Moore as the Interim City Attorney. The city Council also discussed Fritsch v. the city of Chula vista and labor negotiations. Except for the foregoing, there was no other observed reportable action taken by the City council in Closed Session. AM: 19k C:\lt\clossess.rep ~'^' - I 276 FOURTH AVENUE, CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 © PœI.co-røRec)dedPiJØ' ~--- ---r--'.' ..--,..u__·_>____ , COUNCIL AGENDA STATEMENT Item ~ Meeting Date 6/18/96 ITEM TITLE: Resolution I~}':&..l Approving Seventh Amendment to Agreement with Remy, Thomas and Moose for Litigation Representation Services SUBMITTED BY: Interim city Attorney~~1 4/5ths Vote: Yes No-1L - After the city council and Board of Supervisors approved the Otay Ranch General Development Plan, Chaparral Greens sued on CEQA theories. The City retained Remy & Thomas at Baldwin's expense. The lower court trial is now complete and on Apr il 19, 1995, Chaparral Greens filed a Notice of Appeal, appealing the lower court's denial of a writ of mandate. Ms. Thomas' bill will now exceed $632,00 by $35,000 with additional expenses for the appeal. Baldwin concurs with the increase, and of course, is solely liable. RECOMMENDATION: Approve the attached resolution approving the Seventh Amendment to the City's Agreement with Remy and Thomas for legal representation in the Chaparral Greens litigation. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Approval of the resolution will increase the maximum compensation set forth in the Agreement by $35,000 from $632,000 to $667,000. It will allow continued representation of the city by Tina Thomas of Remy, Thomas and Moose, the attorney who has provided advice with regard to compliance with CEQA and the adequacy of the EIR throughout the entire planning process for the Otay Ranch project. Both the City and the County are named as Real Parties in Interest in the litigation, and the defendant is the Baldwin Company, through its corporate entity, Otay vista Associates. FISCAL IMPACT: $35,000, the difference between the old authorization ($632,000) and the amount herein approved ($657,000), which by the agreement is to be paid by the Baldwin Company and the establishment of a deposit account. The city has no funds exposed for payment of attorney's fees in this matter. Our duty to pay the attorney is dependent on collection of funds from Baldwin. M:\Ho.e\Attorney\Chapprl3 (.-/~ ---.-----.--.,--..- RESOLUTION NO. \~~~J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SEVENTH AMENDMENT TO AGREEMENT WITH REMY, THOMAS AND MOOSE FOR LITIGATION REPRESENTATION SERVICES IN CONNECTION WITH THE CHAPARRAL GREENS LAWSUIT, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the city, by Resolution No. 17347, on January 4, 1994, approved an Agreement with Remy and Thomas for Litigation Representation Services in connection with the Chaparral Greens lawsuit; and, WHEREAS, the City of Chula Vista, by Resolution No. 17426 on March 29, 1994, approved a First Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $75,000 to $160,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17481 on May 10, 1994, approved a Second Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $160,000 to $295,000; and, WHEREAS, the City of Chula Vista, by Resolution No. 17571 on July 19, 1994, approved a Third Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total amount of compensation from $295,000 to $395,000; and WHEREAS, the City of Chula Vista, by Resolution No. 17650 on September 13, 1994, approved a Fourth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total compensation from $395,000 to $495,000; and WHEREAS, the City of Chula Vista, by Resolution No. 17709 on November 8, 1994, approved a Fifth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total compensation from $495,000 to $557,000; and WHEREAS, the city of Chula vista, by Resolution No. 17920 on June 13, 1995, approved a sixth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and increase the total compensation from $557,000 to $632,000; and 1 ~ <3 WHEREAS, it is necessary to amend said Agreement to increase the total amount of Agreement from $632,000 to $667,000; and, WHEREAS, Otay vista Associates is required by an Indemnity Agreement to defend, indemnify and hold harmless the City regarding any litigation arising from City's approval of the otay Ranch General Development Plan, including payment for legal counsel to represent City in such litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Seventh Amendment to Agreement with Remy and Thomas for Litigation Representation Services in connection with the Chaparral Greens lawsuit, known as document number C096-___, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Seventh Amendment for and on behalf of the City of Chula vista. Presented and Approved as to form by Cl,,-, f1~ ASr\ ~ ~ City Attorney C:\rs\reMy.6th 2 b~tf SEVENTH AMENDMENT TO AGREEMENT WITH REMY, THOMAS AND MOOSE LmGATION REPRESENTATION SERVICES WHEREAS, the City of Chula Vista, by Resolution 17347 on January 4, 1994, approved an Agreement to provide for litigation representation services in connection with the Chaparral Greens lawsuit; and WHEREAS, the City of Chula Vista, by Resolution 17426 on March 29, 1994, approved a First Amendment to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $75,000 to $160,000; and WHEREAS, the City ofChula Vista, by Resolution 17481 on May 10,1994, approved a Second Amendment to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $160,000 to $295,000; and WHEREAS the City of Chula Vista, by Resolution 17571 on July 19, 1994, approved a Third Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $295,000 to $395,000; and WHEREAS, the City of Chula Vista, by Resolution 17650 on September 13, 1994, approved a Fourth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $395,000 to $495,000; and WHEREAS, the City of Chula Vista, by Resolution 17709 on November 8, 1994, approved a Fifth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $495,000 to $557,000; and WHEREAS, the City of Chula Vista, by Resolution 17920 on June 13, 1995, approved a Sixth Amendment to Agreement to provide for continued litigation representation services in connection with the Chaparral Greens lawsuit, and an increase in the maximum compensation from $557,000 to $632,000; and WHEREAS, since that time, it has become apparent that litigation expenses will be higher than originally anticipated it is necessary to amend said Agreement to increase the total amount of Agreement from $632,000 to $667,000; and WHEREAS, the petitioners, Chaparral Greens filed a corrected Notice of Appeal on April 19, 1995, appealing the lower court's denial of a writ of mandate. ~~S -- -- -'-"'-'---~-'-"-"'-- WHEREAS, Otay Vista Associates (Baldwin) is responsible for and agrees to pay all costs involved in defending the litigation as a result of the Indemnification Agreement approved by the Council as part of the final approval of the Otay Ranch Project. NOW, THEREFORE, the parties hereto agree as follows: 1. That Paragraph 2.b.iv. be amended to change the amount of $632,000 to read as follows: "iv. Consultant shall not incur costs or billings which, in total, exceed Six Hundred Sixty-Seven Thousand Dollars ($667,000) without further written approval of the City." 2. All other terms and conditions not modified by this Seventh Amendment to Agreement shall remain in full force and effect. IN WITNESS WHEREOF, City, Consultant and Developer have executed this Seventh Amendment to Agreement this _ day of , 1996. CITY OF CHULA VISTA REMY, THOMAS AND MOOSE ~~ ¿;-~~ TINA A. THOMAS A TIEST: OT A Y VISTA ASSOCIATES CITY CLERK APPROVED AS TO FORM: (~Ì\~ () ~ CITY A TIORNEY 6060257.001 0~~ ------"-----..-..- CITY COUNCIL AGENDA STATEMENT Item 7 Meeting Date 6-18-96 ITEM TITLE: RESOLUTION 1& '33~ APPROVING THE PAYMENT OF BUILDING FEES FROM HOME PROGRAM FUNDS, NOT TO EXCEED $1,000.00, ASSOCIATED WITH THE HABITAT FOR HUMANITY REHABILITATION/FIRST TIME HOMEBUYER PROJECT LOCATED AT 194 CARVER STREET IN CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR SUBMITTED BV, Comm"";ty Dov"opm'~t., {, ç, . L REVIEWED BY: City Manager JG{ Ptð ----::> (4/5ths Vote: Yes X No ) - - Council Referral No. BACKGROUND: Habitat for Humanity, a non-profit organization has acquired a single family home located at 194 Carver Street in Chula Vista with the purpose of substantially rehabilitating it and selling it to a low income first time homebuyer family. In order to make this a successful project, Habitat is proposing to use volunteers to make improvements to the home and to obtain building material donations from local merchants. In addition, Habitat is requesting that the City cover the payment of the building fees associated with this project which are estimated not to exceed $1,000. It is anticipated that contingent upon the success of this project, Habitat will request similar assistance from the City in the future. RECOMMENDATION: That the City Council adopt the resolution approving the payment of the building fees from the HOME Program funds, not to exceed $1,000.00, associated with this project, and appropriating funds therefor. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: This report will discuss the following topics: a description of the Habitat for Humanity organization, and a description of the proposed project. Tijuana - San Diego Habitat for Humanity Habitat for Humanity is a non-profit organization whose objective is to reduce poverty housing and to make decent shelter a matter of conscience and action by facilitating needy and affluent people working together in equal partnership. Habitat builds new relationships and a sense of community as well as new or (-I - - --,------- -....-..-..- Page 2, Item Meeting Date 6-18-96 renovated houses. Habitat has been building homes since 1976 and at last count has built 40,000 homes in about 50 countries. The San Diego Affiliate of Habitat for Humanity was established in 1987. The Tijuana-San Diego affiliate assisted in the construction of 300 homes in Mexico. In 1990 Habitat built seven new houses in San Diego. In 1993 and 1994 one home each year was renovated in San Diego. In 1995 three renovations and one new home were completed. Already this year there are six renovations in process with another in escrow. Habitat's goal in 1996 is to complete at least fifteen houses, which will include homes in Escondido, Oceanside, Lemon Grove and Chula Vista. Families qualify to purchase Habitat homes based upon income (cannot exceed 60% of the median income in the county), family size, credit history and demonstrated need. Families must contribute 500 hours of sweat equity on their home or other projects as the down payment. Home are sold with a zero interest mortgage. The family is responsible for taxes and insurance. Each family has a partner/counselor from Habitat who guides them through the ownership process. Habitat is a program of people helping people who desire to help themselves. The organization relies heavily on fund raising, in-kind donations of new materials and volunteer labor. Description of Project Tijuana-San Diego Habitat for Humanity is beginning to work in Chula Vista with the rehabilitation of the house in southern Chula Vista. The house is located at 194 Carver Street. Originally a two bedroom one bath, the house will be enlarged to a three bedroom one bath with a utility room and completely renovated inside and out. These improvements have been estimated to cost about $25,000. The renovation will provide an attractive affordable home which will be purchased by a family in Chula Vista. The following are some details of the project; Address: 194 Carver Street Lot Size: 7,000 Sq. Ft. House Size: Existing 756 Sq. Ft. New 300 Sq. Ft Total 1,056 Sq. Ft Estimated rehabilitation cost $25,000 Estimated sales price $105,000 7'd-. Page 3, Item Meeting Date 6-18-96 The house was acquired by Habitat at a cost of $75,200 from a HUD list of foreclosed properties and financed through the federal 203K loan program. The rehabilitation work will be done by volunteers from area colleges and universities, churches, the U.S. Navy and City staff. The property will be sold to a family with an income of 30% to 60% of the median income of the area. It is currently estimated that the house will be sold for $105,000 with a 20 year 0% loan to be made by Habitat. Monthly payments will not exceed 30% of the monthly income of the family and the family will be required to contribute 500 hours of sweat equity. FISCAL IMPACT: The building fees associated with this project have been estimated to be $800.00 from the building and housing department and $180.00 from planning. It is proposed that these fees be paid by the City's HOME Program. [AH\C,\WPWIN\JUANIA113\HABITAT.A113J -¡-3 _ -...-....-..--....- RESOLUTION NO. ¡r:JYg/' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF BUILDING FEES FROM HOME PROGRAM FUNDS, NOT TO EXCEED $1,000.00, ASSOCIATED WITH THE HABITAT FOR HUMANITY REHABILITATION/FIRST TIME HOMEBUYER PROJECT LOCATED AT 194 CARVER STREET IN CHULA VISTA WHEREAS, the City of Chula Vista Housing Element and Consolidated Plan encourages the development of programs that increase home ownership opportunities; and WHEREAS, Habitat for Humanity is a non-profit organization devoted to the production and improvement of affordable housing; and WHEREAS, Habitat for Humanity plans to rehabilitate a home located at 194 Carver Street, Chula Vista and to sell it to a low income first time homebuyer; and WHEREAS, the City supports this project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows; The City Council does hereby approve the payment of building fees from Home Program Funds, not to exceed $1,000, to cover the cost of building fees associated with the Habitate for Humanity Rehabilitation/First Time Homebuyer Project located at 194 Carver Street in Chula Vista. PRESENTED BY: APPROVED AS TO FORM BY: C^'--- rl/\_)û(~ Q Chris Salomone Ann Moore Community Development Director Interim City Attorney N:\ahared\attorney\HABIT AT. RES 7-Y /7 3n/ormalion memorandum June 18,1996 TO: Honorable Mayor and Council members FROM: Chris Salomone, Community Development Director ~S ' RE: City Council Meeting - June 18, 1996 - Item #7, Resolution 18338 Item #7 Agenda Item Title needs to be revised as follows in order to be consistent with the proposed Resolution title. APPROVING THE PAYMENT OF BUILDING FEES FROM HOME PROGRAM FUNDS, NOT TO EXCEED $1,000, ASSOCIATED WITH THE HABITAT FOR HUMANITY REHABILITATION/FIRST TIME HOME BUYER PROJECT . LOCATED AT 194 CARVER STREET IN CHULA VISTA. 7-5 .- ........-.._-.-_.--~---_..._---------~------- Page 1, l~l~ Date lJ _ COUNCIL AGENDA STATEMENT TITLE: Approve resolution ~~~ to extend Cooperative Agreement No 11-4239/Al (Document No 9459) and approving agreement No 11-4239/A2 between tbe State of California Department of Transportation and the City extending the termination date and budget through FY 1996-97 for tbe Telecenter Project. SUBMITtED BY, B.,hnn "mh...". Em"ronmroW ~ M.nn~ REVIEWED BY: John D. Goss, City Manager~ ~ 15th Vote: Yes.x. No_) In April 1994, the City Council approved the development 0 0 Telecenters, funded through various grants. The first telecenter opened in August 1994, the downtown telecenter in December 1994. The telecenters, to date have brought in revenues of over $28,000 and grants to the City in over $400,000. This action simply extends an existing cooperative agreement beyond fiscal year 1995-96 into the next fiscal year. It approves a carryover of the $21,814 appropriation from the city's existing grants to be carried over to FY 96-97 for the Telecenters project. Extension of the contract does not provide additional funds nor additional requirements. It rolls over funds that would otherwise be given back to CalTrans. RECOMMENDATION: Approve resolution to extend Cooperative Agreement No 11- 42391 Al (Document No 9459) between the State of California Department of Transportation and the City extending the termination date and budget through FY 1996-97 for the Telecenter Project. DISCUSSION: Since the first telecenter opened at East "H" Street, the City has been part of a state-wide study on the impact telecenters have on trip reduction. The primary goal of establishing a telecenter program is to enable residents to work out of the telecenter one to four days per week. The telecenters serve the city's highest concentration of "information workers" - those residents who can work at their current job at a site closer to home through the use of telecommunications equipment (i.e. computers, modems, and telephones) to stay in touch with their office. A secondary goal is to develop partnerships that will assist in the goal of reducing or eliminating vehicle trips by using the telecenters for a variety of purposes, such as distance learning, telemedicine, videoconferencing, etc... Finally the Telecenters provide economic development opportunities by retaining residents in the community n capturing shopping, restaurant and retail dollars otherwise spent outside the City, reducing travel, and freeing up local infrastructure resource demands. 1 ~~I Page 2, Item Date In 1994 a contract was provided for $50,000 in federal Intermodal Surface Transportation Efficiency Act (ISTEA) "pass through" monies from Caltrans to be given to the City to assist in the development of the Chula Vista Telecenters. This contract was extended through FY 95-96. Staff is recommending approval of an additional extension through FY 96-97 to provide funds for marketing and partnership development. The original funds allowed for marketing, business plan development, feasibility assessment and partnership development. Business plan development and feasibility assessment has been completed. The business plan outlines the following: the telecenters will need three years prior to becoming self sufficient. After the third year, numerous partnerships should be developed which will bring a combination of grant funds and additional revenue to turn the telecenter into a profitable venture. Fiscal year 1996-97 marks the third year of operation, after which the program will be reassessed. Marketing and partnership development has been implemented, however there are additional funds of $21 ,814 remaining to continue the marketing and partnership development aspects of this program. These funds are remaining because we have used other short term funds first in an attempt to stretch the Caltrans funds and make them more productive. As a result we can continue the program for a longer period of time. The East "H" Street telecenter, open since August of 1994 has a combined telecommuter and renter occupancy rate of 40%. The downtown telecenter, open since December of 1994, has a combined telecommuter and renter occupancy rate of 30%, however, the occupancy rate at the downtown telecenter was 75% in the month of May due to four additional users that utilized the telecenter for the month. These users potentially will return depending on the results ofthe work they performed, thereby continuing the 75% occupancy rate. Reduced VMT (vehicles miles traveled) for the year of 1995 totaled to a savings of 45,490 miles in travel from telecommuters and approximately 41,500 in mileage savings from partners and renters for a total of 86,990 miles saved. Additionally partners and renters bring revenue to the telecenters, the current partner/renter revenue is approaching $30,000. Telecommuter revenue is approaching $4,000. Also the City recently won an award for $25,000 from Public Technology Incorporated, Urban Consortium Energy Task Force. These funds will be available to the City this fall and will cover salary and some promotions into 1997. FISCAL IMP ACT: There is no impact to the general fund. The Council will be taking action on extending existing Caltrans contract in department 280-2806 providing for a rollover of appropriated grant funds, and reappropriating $21,814 to FY 96-97. 2 ~-~ Page 3, Item Date ATTACHMENT I Caltrans Fund Telecenter 280-2806 Object Account Item Budget 5105 Hourly Wages 16,374 5201 Professional Service 2,761 (redirected buildings) 5211 Advertising 293 5212 Printing and Binding 275 5218 Postage 615 5562 Buildings 1,450 5398 Other commodities 46 Total $21,814 3 <:t-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COOPERATIVE AGREEMENT NO. 11-4239 BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION EXTENDING THE TERMINATION DATE AND BUDGET THROUGH 1996/97 FOR THE TELECENTER PROJECT WHEREAS, in April 1994, the City Council approved the development of two Telecenters, funded through various grants; and WHEREAS, the telecenters, to date have brought in revenues of over $28,000 and grants to the city of over $400,000; and WHEREAS, it is necessary to extend the existing cooperative agreement beyond fiscal year 1995-96 into the next fiscal year and approve a carryover of the $21,814 appropriation from the city's existing grants to be carried over to FY 96-97 for the Telecenters project; and WHEREAS, extension of the contract does not provide additional funds or additional requirements; it rolls over funds that would otherwise be given back to CalTrans. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend Cooperative Agreement No. 11- 4239 between the State of California Department of Transportation extending the termination date and budget through 1996/97 for the Telecenter Project. Presented by Approved as to form by Ú'" yV{Al-1~ {~ Barbara Bamberger, Environmental city Attorney Resource Manager C:\rs\telcentr.ext <:6 -If .. .. ~-_.._._._--_... 11-SD-VAR P.M. VAR EA 60-995196-3TEL3-936054 Agreement No. 11-4239/A2 Telecenter Study AMENDMENT TO AGREEMENT TlfIS AGREEMENT, ENTERED INTO ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CHULA VISTA, a body poli tic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS l. The parties hereto entered into an Agreement, District Number 11-4239 (Document NO. 9459), on June 30, 1994, said Agreement defining the terms and conditions of a project for a telebusiness work center, referred to herein as PROJECT. 2. CITY requests a no cost extension of remaining funds in order to continue the program for a longer period of time. Approximately $18,000.00 of CALTRANS funds are remaining due to CITY using other short term funds first in order to stretch the CALTANS funds and make them more productive. IT IS THEREFORE MUTUALLY AGREED: l. The termination date as specified in Section III, Article 9, of the original Cooperative Agreement 4239 of June 30, 1994, and as amended in Amendment To Agreement No. 11-4239/A1 of June 27, 1995, shall now be June 30, 1997. 2. The other terms and conditions of said Agreement 11-4239 (Document 9459) shall remain in full force and effect. 3. This Amendment To Agreement of previous Amendment To Agreement No. 11-4239/A1 and to original Cooperative Agreement No. ¡l- '-I~3>' (Doc.vlt\urr q< .~). ~.5" --------~--"-~-"- 11-4233 STATE OF CALIFORNIA CITY OF CHULA VISTA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOB EN SELS Director of Transportation By: By: D~strict Division Chief Mayer Certified as to funds: Approved as to form and procedure: District Budget Manager City Attorney, City of Chula Vista Approved as to form and procedure: Attorney, Department of Transportation Certified as to Procedure: Accounting Administrator 2 <6-~ _ ______..__" __ .___._...~________u_____ ~;.'~}'1. .....,- .' .. ..... . ._.4 .. . .- --. ~.. ----- -~-: .. . . ..", t, ., . .:"¡: I t . ,'. :;. I, 11-SD-VAR : P.M. VAR EA 995196-3TEL3-114239 Agreement No. 11-4239/Al Telecenter Study AMENDMENT TO AGREEMENT THIS AGREEMENT, ENTERED INTO oN~;;;1'7, qqS:-, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF CHULA VISTA, a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITALS 1. The parties hereto entered into an Agreement District Number 11-4239 (Document No. 9459) on June 30, 1994, said Agreement defining the terms and conditions of a project for preparation of a study for a telebusiness work center, referred to herein as PROJECT. 2. It has been determined that PROJECT will not be completed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 9, of the original Agreement, shall now be June 30, 1996, instead of '- June 30; 1995 ;..... c·..n. .. . - 2. The other terms and conditions of said Agreement 11-4239 ',' (Document 9459) shall remain in full force and effect. ~ ..' .. . - :: - - I / ~-1 '¥. 'lìc.,l.\,~ i: . U> ~<;-t:l...,,\ , tc'" .'.' -- ",..--::-~~.:"~.:~~.:. --=~:~:~~~~_..~~'~'.= :~ ---.~,., t,'" . ..' h . ..' ~.~_:... ... -."-"¡' ...'_'.. __.. .'.___ 0'_-.__----- __ .__ _ _ ~ :~..:..:;:~ -:~'I\:.· !'. . ·Y. ,. :~ ~. - i l..·· ..;. .:-~".L . . I 11-4239/Al 3 . This Amendment to Agreement 11-4239 is hereby deemed to be part of Document 9459. STATE OF CALIFORNIA CITY OF CHULA VISTA : DEPARTMENT OF TRANSPORTATION By: By: ~~,t. Deputy ~d a, to fund, istric?::so~K~ Approved as to form and procedure \N~r-(~·--- Attorney - ista Department of Transportation Certified as to Procedure ~ Administrator .,--,. . -.- ... - .. , f . , , ~ ;. , 2 ~~~ .; - -~._'". '" - --"7':~' ~_'''.'':'':''';'-'-:'''~--'=~'';-~__'''' . ::.^.:..o-__';:"~"-=:::-=':"'''.':~''~' -...--.-- ..... ...-,...... - - ..""'.-....:,.....--.... .. ',_._~., .. ."-';'. -. ._.~-_..__._.- . -------_...._--- . --..-~-_._"-~ -'--..--.--- -_.__...._..__.._..-.__._-_.._~----_..._~._---~._.- <, RESOLUTION NO.1 7943 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING AGREEMENT NO.1 1-4239 BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY EXTENDING THE TERMINATION DATE AND BUDGET THROUGH FY 1995-96 FOR THE TELECENTER PROJECT; EXTENDING LEASE AGREEMENT ON A MONTHLY BASIS FOR THE H STREET TELECENTER AND APPROPRIATING $20,000 FOR SAME WHEREAS, in April 1994, the City Council approve the development of two Telecenters, funded through various grants; and WHEREAS, the first telecenter opened in August 1994, the downtown telecenter in December 1994; and WHEREAS, staff recommends Council support the telecenter project's second year of operation. provide an extension of an existing lease agreement on a month to month basis for the H Street Telecenter, approve a carryover of the $26.000 appropriation from the City's existing grants to be carried over to FY 1995-96 for the Telecenter project and appropriate additional funds. NO'^', THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend Agreement No. 11-4239 between the State of California Department of Transportation and the City extending the termination date and budget through 1995-96 for the Telecenter Project, a copy of which is on file in the office of the City Clerk as Document No. C095-094. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby extend the 12ase agreement for 1550 East HStreet between the City and Bollenbacher & Kelton, Inc. on a month to month basis as set forth in their letter agreement dated June 7, 1995. BE IT FURTHER RESOLVED that the sum of $20,000 of estimated rental revenues is hereby appropriated to Energy Conservation Fund Account 280-2821 for rental and operation of the telecenters. Presented by ~~ Barbara Bamberger Environmental Resources Manager ~-4 ! . .,..,..,.."".... -"_'___--"7' ~-___,_____ -__. --.-..-...-.-. _.._-_.."~~ - -.-..-,-,----. --- ----...-------- .~ .... __ - ___..__m______ "_._.._,..,__._.__.___._...__,_.___~____~ ... Resolution No. 17943 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of June, 1995, by the following vote: YES: Council members: Alevy, Moot, Padilla, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) I, Beverly A. AutheJet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17943 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of June, 1995. Executed this 27th day of June, 1995. THE FOREGOING INSTRUMENT IS A CORRECT COPY 0, THE ORIGINAL ON ii:.'- IN THI OFFICE, ", .:ST: ~ ,19£.2:,. 0. _ ) D ~~THCf~ CLGRK o BY: (<-,d,.~A -.^~.,.". ,-,- "' .-----, -'-.._-,--"-- ~_._- -- ..~. - - - ----_..~----_.- ,. ---,--~- --_...------- " .'. ll-SD-VAR P.M. VAR EA 995~96-3TEL3-~~4239 Agreement No. 11-4239 Telecenter Study COOPERATIVE AGREEMENT TIlIS AGREEMENT, ENTERED INTO ON 0 ()/lI.JL ~O , is between the STATE OF CALIFORJ.'lIA, acti::lcr band throucrh its DeDartment of Transportation, referred to herein as STATE; and - CITY OF Chula Vista, a body politic and a municipal corporation of the State of California, referred to he=ein as CITY. RECITALS 1. S7A7E and CITY pursuant to St=eets and Highways Code Sections 1~4 and 130, are aut::orized to enter into a Cooperative Agreement for improveme::lts to State highways within the CITY. 2. STATE wishes to have a regional T=affic Demand management (7~M) program which includes, but is not limited to, develoDme::lt of TDM research and the evaluation of new tech.""1oiocries such as telebusiness work centers and their Dote::ltiaï to imDact transDortation mode shifts. This Åcreement addresses the ùse of residential area-based t~lebusiness work centers. Marketing, business plan development and feasibility assessment must be performed as fi=st step. This work is henceforth referred to herein as , S'TIJDY' . 3 . CITY is willing and able to perform STUDY and STATE is agreeable to this. 4. Subsequent phases in the development of a telebusiness work center in the City of Chula Vista, including Implementation and Evaluation could be the subject of one or more future Agreements. 5. STATE and CITY provide benefits to the public by alleviating trips and traffic congestion in the San Diego County metropolitan area, thereby mitigating the negative impacts on ai= quality, travel time and energy consumption associated with such congestion. Doc. No. 9459 <:() - 1/ ~,..". .-..--.--..--".... ----. .,---- _._-, ----..--..--------... --- ---~---_._~...._--_._---~-- ·------ ." 11-4239 6. The funding source under this Agreement for STUDY is the Intermodal Surface Transportation Efficiency Act ISTEA) 23 USC SEC. 146. 7. STATE and CITY mutually desire to cooperate and jointly participate in STUDY and desire to specify herein the terms and conditions under which the STUDY is to conducted, financed, and administered. SECT:!:ON I CITY AGR:>:ES: 1. To carry out the Work Plan for STUDY as specified in Attachment 1 of this Agreement. 2. To provide, from local, non-federal sources, at least twelve percent (12%) of the t:::tal S':'ATE contribution as matching fu~às in sup9crt of S~UDY. 3. To becin the work described in Attachment 1 of this Acreement July i, 19~C", O:;r, upon execution of this Agreement. ,..hisRsooer . ., - I¿/ ~_ _~_2r. ¡ 4. To submit an initial billing for STUDY expenditures described in Attachment 1 of this Agreement within thirty (30) days of execution of this Aq=eeme!"'.t. S. To be sòlely responsible for all travel costs associated with STUDY. 6. To provide STATE monthly reports of actual expenditures for comparison against the advance payment. 7. To provide STATE with monthly written reports beginning August 1, 1994, or cne month after work begins, describing the results of activities undertaken pursuant to the approved Work plan for STUDY. 8. To meet informally with STATE at least bi-monthly in order to monitor progress of STúwY. 9. To account for all costs of STUDY to be paid by STATE pursuant to this Agreement. 10. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to STUDY. 2 Doc. No. 9459 ~ - Id-. -,..----.... --.- -_..._.---_..~...~-.......-.- - -- -----.-.---------- -~ 11-4239 11. To return any unused portion of STATE's deposit upon completion of work, within 30 days after expiration of this Agreement or within 30 days after termination of this Agreement. SECTION II STATE AGREES: 1. To deposit with CITY within twenty-five (25) days of receipt of initial billing an amount not to exceed $50,000 to SUDDort the activities described in Attachment 1 of this Agreemèñt. 2. To work with CITY to assure that recruired State and Federal laws and regulations are followed. - 3. To provide prompt reviews and approvals, as appropriate, of submittals by CITY and to cooperate in timely processing of STUDY. SECTION III IT IS MUTUALLY AGREED: 1. All oblications of S~ATE under the te~s of this Acreement are subj ect -to the appropriation of resources by the Federal Highway Administration (FhlNA), the Legislature and the alloçation of resources by the California Transportation Commission. 2. STA~E shall designate a Contract Manager and CITY shall designate a representative through whom all communications between the two agencies shall be channeled. The initial STATE Contract Manacer is MICHELE FELL-CASALE and the initial CITY representative~ is BARBARA BJL"IBERGER. 3. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority _ or jurisdiction delegated to CITY under this Agreement. 3 Doc. No. 9459 c:a - 13 '.~.'> _'" ___~_._~~~,._." '_L_~_~·'~ _~_ .__. ._~__._ ,'.._,'_ _._~_. -~_._'.,._.- --.-."--.- ,',--.,--- - - -- -- ------,----~._---- J.J.-4239 4. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Codes Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 8J.0.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. S. Ownership, title or copyright of all product (s) of STUDY including but not limited to, reports, studies, and software developed for STUDY; will automatically be vested in STATE.and no further agreement will be neçessary to transfer ownership to S':'ATE. 6. To affix the statement and disclaimer in Attachment 2 to all products of STUDY as described in the Article above. 7. Provisions contained herein may be altered, changed, or amended by mutual written consent of the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. All Þ..t':achments re:e:::-enced in this Ag:::-eement a::-e hereby incorporated and made part of this Agreement. 4 Doc. No. 9459 <t-J~ _._--"--> '--'-'- . - - -- - --~._--~~---~.__...._- _ ~"_L __.______.~__.__...__...._ 11-4239 9. This Agreement shall terminate upon completion of STUDY by CITY, or on JUNE 30, 1995, whichever is earlier in time, unless all parties agree to an extension of time. STATE OF CALIFORNIA CITY OF CHULA VISTA DEPARTMENT OF TRANSPORTATION By: &~~øa..-?""4 By: _ (. /l~-1- - Deputy District Director Approved as to form Approved as to form and procedure and Procedure Certified as to funds and procedure: ~~ J) !i7/Y1/'-V ~. ;iftrict Accounting Administrator 5 Doc. No. 9459 ~-I~ - -"....__.._-_._~--_. .."...~._.." - ~", - .~-."........ ~-_.__..," _..-._----~,- -~- . -..---- .....', .~- - ..----.----~."~-----~---.-..-.--.--,--- -'-"---"<-'-~'-"'" ,..t-.... ----_._--,_._-~._....._~~._---_.~ -- --- '~--'--_.'~-- ....' A TTACHME,,'T I City of Cluùa Vista TeIecente.s Project I. BACKGROUND The City of Chula Vista has developed a proposal to operate two Neighborhood Telecenters in Chula Vista. The goals of the Chula Vista telecenters include: A) serving as a pilot that will supply evaluation criteria to those interested in developing telecenters. B) monitoring and evaluating activities at the center for their transportation, air quality and energy reduction impacts. Exploring the potential of utilizing telecenters as a land use measure relating to mode-shift, trip reduction, air quality reduction measures, and congestion management. C) assisting businesses in their compliance efforts to reduce vehicle trips while maintaining a professional alternative environment for workers to telecommute. D) Reducing vehicle trips by replacing them with the movement of information through state-of-the-art telecommunications technology (for example, video conference, fiber optics, teleshopping, etc) II. GEJ.'ŒRAL APPROACH The Neighborhood Telecenter is proposed to be used by both public and private entities, with the greater emphasis on recruiting employees from private businesses. T elecenters allow for the partial substitution of computers or telecommunication technologies in place of a typical commute to work by employees. The Telecenter will also contribute to reducing employee commute trips which will help businesses comply with oncoming air quality regulations, help reduce pollution from automobiles, improve jobs/housing balance, result in an approximate 12% improvement in worker productivity (according to Caltrans figures), allow employees to work closer to home, and result in cost savings for the employer from avoided transit subsidies. The goal of this project is to reduce 44 daily vehicle trips through use of the telecenter by the end of the contract period. The ultimate number of trips reduced is based on the capacity of the center and the variety of users it attracts. The first telecenter will open by August I, 1994 with 10 workstations and with a telecommuter occupancy of 25%. The second telecenter will open in the fall of 1994 with 10 workstations, for a total of 20 workstations, and the second telecenter will offer conference room facilities equipped with state-of-the art telecommunications equipment that will potentially be linked to other parts of California and to Mexico via satellite. We will develop partnerships for evening uses of the workstations and the conference room, through distance learning, computer courses, etc. We will market the telecenters to employees and to off-peak hour uses, all those uses having the intended purpose of reducing trips and turning the telecenter into a self-sufficient operation. In order to maintain high occupancy I Doc. No. 9459 ~-JIo ""~---'"'."---'------'- . --_..._-~--"---~--._----- -- , . . rate, a variety of partnerships will be sought. During the first two years of operation, the telecenter will seek added services to be available to the public and, at the same time reduce trips. These uses include, but are not limited to distance learning, teleshopping, telemedicine, video conferencing, and night classes. At maximum occupancy during year two, the goal is to reduce vehicle trips by 44 trips per day. It is expected that the telecenter can initially reduce vehicle trips by 10-44 trips per day for the first year. IV. SECURITY The City has developed an Education Technology Task Force to identify the technological needs and security concerns associated with the telecenters. The City plans to take the highest level of precaution to protect not only the computer equipment but also the privacy of those businesses patronizing the telecenter. Security is of utmost concern and will be addressed within the planning process for bmh telecenter sites. During off-peak hours, there will be a code system to enter the building and the computers and telephones will be coded as well. ------------------------------------------------------- ------------------------------------------------------- I. CONCEPT A1'<1) OBJECTIVES THE CONCEPT The primary goal of establishing a telecenter program is to enable residents to work out of the telecenter one to five days per week. The City will develop two telecenters, both serving the city's highest concentration of "information workers" - those residents who can work at their current job at a site closer to home by using telecommunications equipment such as computers, modems and telephones to stay in touch with their offices. The telecenters will accommodate most computer hardware and software and allow individual commuters from Chula Vista and the local area to telecommute from a centrally located facility, thereby reducing the number of vehicles, the number of trips generated and promotes mode shift and congestion reduction on the region's highway and road infrastructure. A secondary goal is to develop partnerships that will assist in the goal of reducing and! or eliminating vehicle trips by using the telecenters for a variety of purposes at off- commuting hours. The City plans to establish the feasibility for state-of-the-art telecenter partnerships, such as telemedicine, video-conferencing into Mexico, teleshopping, distance learning, distance learning, and other uses that can occur in the telecenter, instead of driving long-distances and across the border. Finally, the Telecenter will assist in the economic development of the Chula Vista community by locating two telecommuting centers convenient· to shops, restaurants and other public establishments creating work opportunities close to housing, capturing home and work shopping, reducing travel, and freeing-up local infrastructure resource demands. 2 Doc. No. 9459 ~-11 . -,,.,.,_. . . ,....-..- ___u_~_.__ _ _..,--, ~~_.~ - ----... OBTECTIVES The following objectives are proposed based on implementation of all phases of the proj ect: 1. The TeleCenters will be operational within nine (9) months of initiation of the proj ect. 2. A 25% occupancy rate of the first telecenter with 10 workstations will be achieved by opening day, increasing to 50% by November I, 1994; a 25% occupancy of the second telecenter with 10 workstations will be achieved upon opening of the telecenter, which wi1l occur by December 1994; the occupancy rate increasing to 50% six months after opening. 3. The TeleCenters, when both are fully operational, will eliminate approximately 880 commute trips per month from the Chula Vista area. 4. The TeleCenters will meet the needs orits participants by providing computer facilities, office equipment, services to enable users to work out of the telecenter. 5. Identify if there's a market for transportation "replacement" services (¡.e. partnership development) to a) reduce cross-border transportation impacts b) help meet the goal of reducing regional trips and b) enable the telecenter to become self-sufficient. 6. Identify the feasibility of turning telecenters over to the private sector as a concession once the telecenters are up-and-running. II. PHASING DESCRIPTION The Chula Vista TeleCenters project is requesting funding for Phase I & II of a three phased program: Phase I - Business/Marketing Plan development and Employee Recruitment Planning, Phase II - Implementation, Operational Evaluation and Plan Update. III. ACTIVITIES PHASE I: Business/Marketing Plan Development and Employee Recruitment Planning ACTIVITY PERIOD: MONTH I - 3 This proposal outlines activities for Phase I of the Chula Vista Telecenters which consists of conducting comprehensive marketing, promotions, site and design, and partnership development. 3 Doc. Nc. 9459 ~.. J[( -... ~.--._.__._--, . ~--"~.. - -..-...-----......-- -~-~---,----,~--~ --- - ,- ,. --_.~-- - -_._-----=.:;.~~".:-"'.';"'-,,...~;;:::.~--;.;;.:.:; '. . .. Proposed Tasks: 1. Select Subcontractor City will conduct a selection process to obtain a qualified subcontractor(s) to conduct activities in Tasks 2 - 7. City will work with Site Designer to implement Product: Agreement with subcontractor to conduct marketing/promotional tasks, and to begin development of partnerships. Activity Period: Month I 2. Conduct Marl.eting Analysis Utilizing available and relevant information, task will include: 0 review of regional air quality employer trip reduction mandates. 0 Refine existing business and marketing plan to include section on partnerships. 0 employee and employer participation recruitment. 0 Conduct study on the feasibility of a) concessionairing the telecenters to the private sector, b) the use of new technologies for potential new partnership to pursue 0 Prepare feasibility analysis and partnership report for presentation to City and CalTrans. Product: Addendum to business plan/marketing plan and report on partnership development, specifically on which have the potential for success and how those partnerships will be pursued. Activity Period: Months I -3. 3. Conduct Marlœting/ReauitmentJPrormtional Activities A marketing strategy will be launched to attract potential employer and employee users and will, ata minimum, consist of the following: 0 Develop quality brochures and information materials explaining the concept, purpose and benefi ts of the proj ect targeted to the needs and interest of the market(s) identified in Task 2. 0 Announce the telecenter through press releases to major and regional - 4 :Joe. No. 9459 "6 ., )1 --~.,....",..,~....".,-....,.., ~~",'.~ -"·..'--·e_·..":__,,:,,,,,-~-__ --..,,---..- ._-~--~.~ _~'"~H' . _.___~__'__"."'__"... --. ~-__._, ... d _'. ...''""_m·"''-'"-"_-''...._ newspapers, publications, voice and video media. 0 Conduct a direct mail solicitation to residents within a 3 mile radius of the telecenters and identify employers/agencies with telephone and face- to-face follow up. No less than 6,000 prospective employees and 50 prospective employer/agencies will be identified and contacted. 0 Meet with both potential employers and professional groups to explain the proposed program and identify interests and requirements. 0 Secure Participation Agreements from employers. Product: Promotional materials, revised marketing plan, letters of intent. Activity Period: 1 - 6 4. Business and Operating Plan Further develop and implement the initial Business Plan to incorporate the following: 0 Identify most likely partnerships and other revenue generating services. 0 Project start up and promotional costs for each partnership and service. 0 Project first year operational costs and revenues for centers, including partnerships and services. Product: Business Plan, feasibility study results Activity Period: Month 3 - 6 5. Repo..t':ug Reports will be prepared and delivered to funding agencies including Marketing Analysis tasks and Business Plan. Product: Reports provided in multiple copies and on word processing computer disk. Activity Period: Month 3 and 6. END OF WORK TASKS IN PHASE I 5 Doc. No. 9459 ~-dD ._~-- ----_...~._.- -.---...-..-..-.....-.--- ------". ------ ---_... -...-,-..-.....- · . IV. BUDGET The anticipated budget requirement for Phase I of the Chula Vista TeleCenter is detailed below. CHUIA VISTA TELECENTER PHASE I & n PROPOSED BUDGET ëATEGORY /ITE¡\1 # UNITS EST. FUNDING FUNDING PROJECT UNIT MATCH REQUEST TOTAL COST CONTR.:\CT SERVICES Feasibility 300 hrs 70.00 21,000 21,000 Study /Partnershi p Development Marketing/Promotion 140 hrs 70.00 39,900 9,800 49,700 Recruitment Addendum to deliverable 0 30,000 0 30,000 Business/:vrarketing Plan of marketing efforts Site Planning/Design 30,000 11,700 41,700 Reporting /Preparation 40 70.00 2,800 2,800 OTHER COSTS Printing/Reproduction 8,000 2,000 10,000 Telecommunications 20,000 500 20,500 Postage 4,000 1,700 5,700 Travel Reimbursement (4) 750 750 Misc. Reimbursable (5) 500 500 GRAND TOTAL 132,650 50,000 182,650 6 Doc. No. 9459 q"d-\ --,-. ~ . -.- ..._-~.._...,._---_.._-_.,---_._---_._..--- ATTACHMENT 2- Documents or written reports prepared under this Agreement shall contain the following statement: This report (document) was prepared through gran ts from the United States Department of Transportation, Federal Highway Administration with the cooperation of the State of - California, Department of Transportation. Documents or written reports prepared under this Agreement shall also contain the following disclaimer: The contents of this report reflect the views of the author who is responsible for the facts and accuracy of the data prese!1ted herein. The contents do not necessarily reflect the official views or policies of the State of California or the Federal Highway Administra tion. This report does not constitute a stanàard, specification or regulation. Doc. No. 9459 ~"d-~ -----, "_'_-,--._~, - ._, ..- -- -~,-~-_..._.~.._-_._,-_._-, '-'-'~'----'---- ..----- -~._.._,-~.... -. ._.__..~--- .,~~,. '.' RESOLUTION NO. 17538 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY ACCEPTANCE OF $50,000 FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (lSTEA) "PASS THROUGH" MONEYS FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CHULA VISTA TELECENTER AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH CAL TRANS, ESTABLISHING THE TERMS OF SUCH AGREEMENT IN A FORM ACCEPT ABLE TO AND APPROVED BY THE CITY ATTORNEY AND THE CITY MANAGER, AND AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE $50.000 TO THE APPROPRIATE ACCOUNTS AS NEEDED WHEREAS, as part of the City's overall effort toward development of a comprehensive energy conservation and air quality improvement program, and consistent with the City's Environmental Agenda. the City applied for funding from the State of California Department of Transportation (CaITrans); and, WHEREAS, CalTrans and the City pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the San Diego County metropolitan area; and, WHEREAS, the CalTrans wishes to have a regional Traffic Demand management program which includes the research and the evaluation of new technologies such as telebusiness work centers and their potential to impact transportation mode shifts; and, WHEREAS, up to $50,000 in federal Intermodal Surface Transportation Efficiency Act (lSTEA) "pass through" monies from CalTrans will be given to the City of Chula Vista to assist in the development of the Chula Vista Telecenters; and, WHEREAS, the City will receive a total, not to exceed $50,000 to implement the Chula Vista Telecenter Project; and. WHEREAS. the Agreement between the City and CalTrans will address the use of residential areá-based telebusiness work centers and develópment of partnerships therein; and, WHEREAS, marketing, business plan development and feasibility assessment must be performed as a first step toward implementation of the Telecenters; WHEREAS, in order to proceed with a contract between the City and CalTrans, CalTrans requires a resolution which authorizes the Mayor to proceed with contract negotiations, in accordance with the CalTrans ISTEA Funding guidelines. Doc. No. 9459 <6-"d3 - ~_.- ------- ~-------_..,------:_:,,----_. - -- -- ,..----- -- -_._-_...._"---~--"._---~--- "_._- -~_.,-_._._-- ----~--- --- --~--.._-~-- ...---- ,-.--~----_._-, .- ....."..-' , Resolution No. 17538 Page 2 NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute a contract with CalTrans establishing the terms of such an Agreement in a form acceptable to and approved by the City Attorney and the City Manager. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to appropriate $50,000 to a newly established activity account within the Energy Conservation Fund, earmarked Telecenter II, Account 280-2806. Presented by Approved as to form.' /J ~~.¿ l~LJ Barbara Bamberger I!'ruce M. Boogaard Environmental Resource Manager City Attorney . ~-~lf Doc. No. 9459 h.··. n_____ _ ~_._n ..._0_._ ...,.__ ._____..___________ -'.---.- " ...__u.__". . ..--......---...-- . .-- - --~..- n____. __ ....~..~.____ ~--_.- -,- - -- -- . .- Resolution No. 17538 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of June, 1994, by the following vote: YES: Councilmembers: Fox. Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None ~ S ley Horton Ma or, Pro-Tempore ATTEST: ~N'~ () (1-;;-1. C?¡· 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. 17538 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21 st day of June, 1994. Executed this 21 st day of June, 1994. ~J/~ () (}mJ!/J£ Beverly . Authelet, City Clerk THE FOREGOING INSTRUMENT IS A CORRECT COpy OF THE ORIGINAL ON FILE S OFFICE. A ST: BE EK y,A. Doc. Ho. 9459 BY: ~ -d-ç ___-' - - n ____.... ....__..,. _ ___ - ------ ~--_...-._----- COUNCIL AGENDA STATEMENT Item-5- Meeting Date 6/18/96 ITEM TITLE: Resolution Iß' 3L/b Amending the 1995-96 budget for the Public Works Garage to appropriate funds due to increased fuel costs and consumption and unanticipated repair work SUBMITTED BY: Director of Public Works ~ REVIEWED BY, City M_"J\~~ (4I5th",."" Y,,-<. N.--! The Central Garage has had unanticipated expend! ures -"1due to increased fuel prices and fuel consumption and repair work to a City vehicle damaged in a citizen-caused accident. Additional funds are needed to ensure that the Garage's budget has sufficient funds to cover remaining expenses for 1995-96. RECOMMENDATION: That the City Council adopt the resolution approving an appropriation from unanticipated revenues of the Central Garage Fund in the amount of $19,790 for fuel and $6,937 for automotive services. BOARDS/COMMISSION RECOMMENDATION: N/A. DISCUSSION: The 1995-96 appropriation in the Public Works Garage for fuels, oils and lubricants is $267,110.1 Included in this amount is the purchase of 200,000 gallons of unleaded gasoline priced at $.97 per gallon.2 The cost per gallon throughout the year has been higher than the amount budgeted, especially during the months of April, May and June. In addition, fuel consumption has been higher than anticipated, due primarily to the increased City activity in the eastern part of Chula Vista. Based on the higher fuel prices and fuel usage, the expected shortfall in the fuel account is $19,790, which will not be covered by the Garage's remaining budget. The appropriation in the Services to Maintain-Automotive account for the Garage did not include costs to repair the City vehicle damaged in the accident. The accident and repair work to the City vehicle occurred in the prior fiscal year, but the payment to the vendor for the repairs was made this fiscal year. In addition, the reimbursement to the City from the citizen's insurance carrier, which equaled the payment to the vendor, was made this fiscal year. 'Transit's diesel fuel is budgeted in a separate account and is not part of this request. 'The cost for fuel purchased by the City is less than the price at commercial retail stations because the City buys fuel through a wholesale price contract and is not assessed Federal excise tax. q~ I _ _______.··__".__m__m~...'__,_,__ RESOLUTION NO.Jt ~l£O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1995-96 BUDGET FOR THE PUBLIC WORKS GARAGE TO APPROPRIATE FUNDS DUE TO INCREASED FUEL COSTS AND CONSUMPTION AND UNANTICIPATED REPAIR WORK WHEREAS, the Central Garage has had unanticipated expenditures due to increase fuel prices and repair work to a City vehicle damaged in a citizen-caused accident¡ and WHEREAS, additional funds are needed to ensure that the Garage's budget has sufficient funds to cover remaining expenses for 1995-96¡ and WHEREAS, the Public Works Garage is an internal service fund that is funded by equipment maintenance funds budgeted in departments that have vehicles or equipment¡ and WHEREAS, an appropriation from the unappropriated balance of the Equipment Maintenance Fund is needed since the $26,727 was not appropriated and therefore not budgeted accordingly in all of the departments' equipment maintenance accounts. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend the 1995-96 budget for Public Works Garage by appropriating from the unappropriated balance of the Equipment Maintenance Fund the amount of $19,790 for fuel and $6,937 for automotive services. Presented by Approved as to form by Lippitt, Director of ~ Y\~.I9 }--z.. t"'- John P. City Attorney Public Works C:\rs\fuel.app °1"3 ^ ..~---_.----_.- Page 2, Item _ Meeting Date 6/18/96 FISCAL IMPACT: The Public Works Garage is an internal service fund that is funded by equipment maintenance funds budgeted in departments that have vehicles or equipment. An appropriation from the unanticipated revenues of the Central Garage Fund is needed since the $26,727 was not anticipated and therefore not budgeted accordingly in all of the departments' equipment maintenance accounts. a:\fuelrepa.age 1'~ _...·.____....._.___m..__ COUNCIL AGENDA STATEMENT Item 10 Meeting Date 6/18/96 ITEM TITLE: A Resolution 1931./1 Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 88-3A, EastLake South Greens, Unit 1. 8> Resolution )83'/,). Approving Supplemental Subdivision Improvement Agreement for EastLake South Greens Unit 1 Requiring Developer to Comply with Certain Unfulfilled Conditions of Resolutions No. 15200 and 17618, and Authorizing the Mayor to Execute Same. SUBMITTED BY: Director of Public Work ( KEV1EWED BY, Cby M="'~ 1j ~ (41"'" Vore, YMJ<OX) On July 18,1989, by Resolution 15200, the . Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. On August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South Greens, Tentative Map 88- 3A, and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. The fmal map for EastLake South Greens, Unit 1 is now before Council for approval. RECOMMENDATION: That Council adopt the resolutions approving the final map, subdivision improvement agreement and the supplemental subdivision improvement agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located northerly of South Greensview Drive and easterly of Silverado Drive and consists of 52 lots for single family residential units and 4 lots for open space. The final map for EastLake South Greens, Unit 1 of Chula Vista Tract 88-3A, has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance by the City, on behalf of the public, of Riviera Drive, Riviera Way, Cypress Point Court and Thunderbird Place. Approval of the final map also constitutes acceptance on behalf of the City the following easements: a 5.5 foot tree planting and maintenance easement along said streets; and a 10 foot drainage easement on a portion of Lot 13. 1/)'( -.-- - - ---..-----..---..--- Page 2, Item Meeting Date 6/18/96 At this time, the City is rejecting the dedication of Lots A, B, C and D for open space and other utility purposes. However, under Section 66477.2 of the Subdivision Map Act these offers of dedication remain open and subject to future acceptance by the City. These four open space lots will be maintained by the EastLake Homeowners' Association (HOA) unless the City determines that the level of maintenance does not meet City standards. In that event, Council may, by resolution, accept the offer of dedication on behalf of the City. The City accepts offers of dedication in fee for open space lots only when City resources will be used to maintain these lots. Since the HOA maintains all open space within the development, under this procedure the HOA retains fee ownership of the open space lots until such time as the City decides to assume maintenance responsibilities for these lots. This has become a standard procedure for all unit development within EastLake. The developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy the following conditions: 1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. 2. Condition No. 33 of Resolution No. 15200 requires the developer to enter into an agreement to guarantee the construction of all improvement work necessary to provide service to the subdivision. 3. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. 4. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold hannless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. 5. Condition No. 34 of Resolution No. 17618 requires the developer to enter into an agreement with the City relating to the provision of franchise cable television services. The developer has also executed a Subdivision Improvement Agreement for this map and provided bonds to guarantee construction of the required public improvements (CV drawings 96-100 through 96-106) within the subdivision. The developer has paid all applicable fees and has It)-~ "- --,-_._-_._-,,_._~---_._--"-_. Page 3, Item Meeting Date 6/18/96 provided a bond to guarantee the subdivision monumentation. A plat is available for Council viewing. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Exhibit A - Plat - EastLake South Greens Unit 1 Exhibit B - Disclosure Statement Exhibit C - Minutes of 7/18/89 (Reso 15200) & 8/16/94 (Reso 17618) GV (M,\HOMEIENGINEER\AGENDA\ELG01BFM.GV)) File: 0600-S0-ELGOlB It) -3 -~_._--~--_._-_._. I' ,. XH\ BtT A EASTLAKE SOUTH, GREENS UNIT 1 ~ >: (I~ -11S' 1>-1~ -< co;.; -1 ~ ~-1 1:Ý ~ JýT~ íC> /IS' 1: ~IS' . )0- . íC> ~Q~~-1 <(). / ~ ~, )0- /.() ~/}(. ~ ..?..?~ is' r<\ \»/ ';\>' (þ -to r:c ';\>'c: "r [t\';\>' (þ<. 3:0- ';\>'C(þ ""'(\-t-t J:';\>' ZQ , 0:;:1..... r . [t\:;:I o [t\';\>' -t -zo 46 w(þ-t tv ~v, 'Z tvï)? 47 J: ';\>'0;1 48 (þo;l [t\( tv~ 49 1:-> W N ~,~ ~ \~ o·~ :-<. ~y..~9 ,,0 ~ \ ., ,,\~~~9 r¡.~~ :<.). ~«; \ ~:~ ~~O' ~'Y~'Y):.).'( :<.. r¡. OY;~).9 'yO ICM.E ... 100' - ....,. . IOCK~CLNPmY ~T'.~'r. --- L~__ --- A-..1.. EKH'.\T "A' IIJ- >".,...·.··,:i^'·":~"'~ " If EXH16\T B TIIE CITY OF CHUlA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or finandal interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. EastLake Development Company 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of tbe shares in tbe corporation or owning any partnership interest in the partnership. Boswell Pronerties. Inc. The Tulago Company 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list tbe names of any person setving as director of tbe non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 wortb of business transacted witb any member of the City staff, Boards, Commissions, Committees, and Council witbin tbe past twelve months? Yes_ No xx If yes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Bill Ostrem. EastLake Develo_ent Co. ~o,~ ~ - !l.\<1. :e;.r<tìwa~ Tom Adler. EastLake Development Co. 6. Have you aoel/or your officers or agents, in the aggregate, contn"buted more than $1,000 to a Counci1member in the current or preceding election period? Yes_ No_ If yes, state which Counci1member(s): " " "(Nom Attach additional pages as necessmy) , · . r;n. Date: fJ Zqþf . 7-. <[.~ Signature of contractor/applicant ,,- B-.1. Thomas E. Adler. Project Manager . / ~ ...:¿, E H C2 \' l' Print dr type name of contractor/applicant X , po IT 6 . . " Penon is d4ú1ed ør "Any individu4J,finn, ~,joúu ~ "..JOCÚJti<m, 1tJCi41 dJIb,fratmwl orgrmiztztWn, rorporation, cstaI<, tnIS1, recdva, syndkDl<, this Ø1u1 "'!Y other~, city œuI COU1IÞ)\ city municipality, diSrria, or other pø/iJica11UbdivisWn, or any other 17""1' or C<mIbÚUJdon Dl:tÍ1Ig as Q unit.. ,11 nutt!s - 0 - tJUIY '0, I~O::r ·ORDINANCE OFFERED 'By MAJOR COX, IS Imended, the reeding of the text was waived by unanimous consent, passed and a ) )roved with EXHIBIT C Councilman Malcolm Ibstaining on the Country Club portion of the zoning ordinance. 15 PUBLIC HEARING CONSIDERATION OF FINAL EIR-86-4 - EASTLAKE GREENS (Director of Planning) I. RESOLUTI ON 15197 CERTIFYING FINAL EIR-86-4· - EASTLAKE GREENS PUBLIC HEARING PCM-87-7 - CONSIDERATION OF EASTLAKE II GENERAL DEVELOPMENT PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS( EASTLAKE GREENS SECTIONAL PLANNING AREA SPA) PLAN, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN, EASTLAKE. GREENS DESIGt MANUAL; EASTLAKE DEVELOPMENT COMPANY b. RESOLUTION 1519B APPROVING THE EASTLAKE II GENERAL DEVELOPMENT PLAN c. ORDINAIICE 2317 ADOPTI NG AN At~ENDt~ENT TO THE EASTLAKE I PlANNED COMMUN ITV DISTRICT REGULATIONS TO ADD EASTLAKE I I TO SAID REGULATIONS - FIRST READING d. RESOLUTION 15199 APPROVING THE EASTLAKE GREENS SPA PLAN, PUBLIC FACILITIES FINANCING PLAN, AND DESIGN MANUAL e. RESOLUTION 15200 APPROVING TENTATIVE SUBDIVISION MAP PCS-BB-3 FOR EASTLAKE GREENS f. RESOLUTIOtJ 15201 ADOPTING CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE GREENS g. RESOLUTION 15202 AD oP TI NG THE MITIGATION MONITORING REPORT FOR EASTLAKE GREENS, EIR-86-4 . This being the time and pllce as Idvertised, Mayor Cox decllred the public helring o )en. Pllnning Consultant Doug Reid explained that a Master EIR for all the EastLake development (including EastLake Greens/Trails) was completed in February of 1982. In addition, 392.1 acres of EastLake Greens were reviewed in an EIR prepared for EastLake I in Janulry 1985. This presentation contains additional information. and covers effects on the environment which are not specific to the ElstLake Greens/Trlils site and those that were not previously Iddressed IS significlnt effects. C. -I 'I " It) -~ EXH\8\T C ---^--~_._-_._,._..._._,,- ~;1 routl!S - 9 - July 18, 1985 M.r. Reid then introdu' ) Jeanne Munoz, ERC Er runmenUl and EXHIBIT Co Energy Services, who pr..~ented conclusions in the final EIR and also the findings on the CEQA related documents, Ms. Munoz noted essentially, the one significant unmitigable impact would be on paper only: air quality. The reason being that it is in non-conformance. In the San Diego arn, a project is considered to have a significant cumulative air ~uality impact if the project has not been included in the SANDAG Series 5 and 6 Growth Forecast. EastLake Greens and EastLake Trans were not included in those forecasts. At the time at which they become included the project will be in compliance and conformance and it will no longer be an unmitigable air quality impact, . Councilman Nader noted the unmitigable impact on air quality (on paper) is a rnl air quality impact and it is only on paper that impact will disappear if SANDAG revises it projects and the implementation plan for meeting quality air standards is revised. He questioned the existing inadequate implementation phn and the need to revise it to be stricter and asked how it is that we anticipate the implementation plan end the SANDAG forecast will be revised and therefore, on paper, the air quality impacts unmitigated will go away and somehow remove the same amount of air pollution that was an unmitigated impact on the EIR. Ms. Munoz responded that it is confusing, but that what it is, is that once the SANDAG Series 5 & 6 forecasts are incorporated into the revised Air Quality Management Plan, this project will be in compliance with the predictions made in that phn. It will not change air quality at all, but it will be in complhnce and performance. The point needs to made however, that in large part, the problems with air quality in San Diego County are a result of the air quality problems in Los Angeles and there is nothing we can do about that. Mr. Bud Gray, Ci ty Consultant, noted he would be discussing the Eestlake II General Development Plan and the Eastlake Greens SPA Plan; Tom Bandy from Wi1ldan would be presenting the EastLake Greens Public Facilities and Financing Plan and Principal Planner Ken Lee from the Planning Department would be presenting the Tentative Hap. Tom Bandy reported on the Eastlake Greens Public Facilities Financing Plan. He noted that the plan has four key features. It describes the public facilities needed to serve the project, on-site and off-side, the estimated costs, the .ethod of financing, and the phasing of facilities. c.. - ;L It) -1 .. ._""-----_._---~._-_._"... . Principal Planner .ue r sented his report 0, tht Iroject, noting . the proposed subdivisio" encompasses 830 acres of land located in the eastern portion of the City east of 1-805 and south of Otay . Lakes Road. He noted the General lotting of the area includin~; EXHIBIT c.. standard lots, small lots, attached product lots, townhou e product lots, condominium product lots, high density condominium lots. Mr. Lee a150 noted a htter from Kent Aden of EastLake referring to proposed clarifications to conditions for EutLake Greens. Council discussion followed regarding lot sizes, density, famfly shes; affordabflty of the homes; rOSSibly hlposing a moratorium if development came to outstr p public facilities, water management plans, and land use patterns. . Bob Santos, President, EastLake Development Company, too Lane Avenue, addressed the issues about the General Phn fOliCy IS it relates to achieving density higher than target dens ty shown fn the General Phn. He noted that EastLake, before the Phnning Commission, voluntarily reduced the density of the EastLake Greens, EastLake II proposal that was before Counc fl this evening. They will only request density above that hvel if the City's newly adopted policies are revised and situated to provide for EastLake's ability to do that. katie Wright, Project Manager, EastLake Development presented s11 des and transparencies on the EastLake Neighborhood and family characteristics associated with the EastLake Project. She noted statistics on buyers, families, needs and household sfzes. Also noted were the percentages of first time buyers, move up buyers and chief reasons why those buyers selected Eastlake. Kent Aden from EastLake noted that there were now over 90 Conditi 0 ns imposed on the SPA Plan and tentative map. He noted that in the spirit of cooperation EastLake woul d 1 ive up to the majority those conditions. He requested consideration of alternative wording and modification to six of those conditions: 1. Te.nta t i ve ~lap #37: requires equal access to Cable TV franchises. This f ssue is best dea 1 t on a City-wide basis. They will be applying for a Cable TV franchise and because of this they request that Councfl modify the condition to make EutLake subject to any new City-wide ordinance or resolution of this issue. They wi" be subject to this at the time at which it is adopted. 2. Tenta t he Map '64/SPA 12: in regard to the pedestrian bridge. They don't know if the bridge fs warranted or not, it wi" require substantial public monel to lIaintain and ElStLake believes it should be included n the Public Facilities Ffnancfng Plan, not as a Tentative Map conditfon. C--3 It) -r --_...._...__..~....- .... ..._._----.---~-_._--- Minutes - 11 - ,ly 18, 1989 3. Tentative Map '38G: Currently states that resident1l1 construction ta x may be waived for excess park improvements. EXHIBIT c.. EastLake is committing to excess park improvements, therefore would like a commitment from Council to waive the RCT accordingly. 4. Tentative Map 146/SPA 6: Conn icting conditions regarding church sites. EastLake would like to chri fy they are currently showing a 4.8 acre site in EastLake Greens for churches. In addition, there are 12.3 acres in EastLake I and II. In total, 22 acres will eventually be planned for the EastLake community. - 5. Tentative ~Iap 144/SPA 19: rehti ng to low/moderate income housing. These items must be deferred at this time if Council accepts the Planning Commission recommendation. EastLake cannot meet these guidelines until the effect of the analysis on the General Plan Policy Section 6.2 and 6.3 as they relate åO the final density of the five high density parcels is etermined. 6. Phnning Commission Item SPA Condition 13: regarding the deferral of the density. EastLake supports this condition but is asking that Council adopt this with a 30 day time frame in mind with the Task Force to come back with recommendations to be adopted by Council. With this in mind, EastLake asked that the project be adopted with the General Plan Policies as they were adopted last week. Speaking in favor of the EastLake project were: Richard Esslinger, Postmaster, Chula Vista, 2134 Horthshore Drive: Jackie Metcalf, 546 Port Harwick: Larry Rehhnder, Victory kutheran Church' Peter Watry, speaking for CROSSROADS, 81 Second venue: Fran O'Meara, 1858 Gamay Terrace: ,",osepn r.ownack, 1891 Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive: Bob O'Connell: 2072 I~aterbury Circ1e: Joseph Cummings, 1848 Ithaca Street: Richard Stahley, 30 Woodlawn Avenue. Collectively, their remarks incl uded the foll owi ng: Crossroads does not intend to concede one additional unit to EastLake Greens and EastLake Trails: should stick to target density end approve condition 113, which embodies the Planning Commission's recommendation and EastLake's proposal: Post Office in process of negotiation budget, if project is put off for any length of tille it may detrimentally affect ability to procure funds necessary to construct EastLake Project: EastLake is the best community ever Ieen: has dis ti nctive nei ghborhood end lifestyle; courteous corporation to work with for land site for churches; EastLake has changed Chuh Vista's poor image; increased City revenue end increased number of businesses; various amenities are offered: homes are affordab1e: hrge yards: ..any of the neighbors hIVe grown up in Chula Vista and moved to Cottage because they coul d afford them and still are near their families: pleased that EastLake has voluntarily chosen to reduce the density: insulated community _ can give back to community in the form of good neighbors and citizens: EutLake good project "but there is some concern over private v. rUb1iC parks; would like to give density transfer to keep from pay ng upkeep of parks. C,;-~ 1~-1 -------------,------ . .. - . - .. , ~ '" w '.1 '" , .~\J'" .Speaking against, J Garch, 484 Fifth len . Chula Y is ta . He stated that he was concerned about the wa te r situation. He asked if the water situation has been addressed. Mayor Cox responded that it would be addressed on an incremental EXHIBIT c. basi s because a certifi ca t ion woul d have to be done by the Otay Water Dfstri ct that they would be able to provide the water service for this project. The Mayor also noted that Councilman Moore has put together a Water Task Force and that all property owners are working with the water districts; the Task Force .eets on a monthly bas is. The Otay Wa ter Dis tri ct is comi ng out this week with water a110cations so that the deve10pers know that they have certain restriction and cannot go beyond that with guaranteed water rights. . There being no further pub1ic testimony. the public hearing was c10sed. RESOLUTION A OFFERED BY MAYOR COX. the reading of the text was waived by unanimous consent. passed and approved by the foll oW'ing vote to wit: AYES: Cox, Moore. McCandliss NO: Malcolm. Nader RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent. Council woman /1cCandl i ss asked if since the bulk of her concerns were on the Tentative Map, would it be possible to adopt the General Development Plan then POSSib1l' with removing the actual t~rg\t number for the area, continue he Tentative Map unti1 after e ask Force reviews that section and bring it back within 30 days. Or, if there was a desire to amend the tentative map. would they have to go back and amend the SPA Plan. Facilities Financing. Director Kremfl responded that they could consider the General Development .p an and the SPA Plan and reserve decision on the Tentative Map. He noted that if the Tentative Map changed. as far as density or location of product ty~es. for the most part the structure woul d stitl be relevant. he Task Force coul d review the Lind Use Element of the General P11n within a 60 dlY period of time. The Resolution B pissed by the f01lowing vote: AYES: Cox. Moore. McClndliss NO: Nlder. MIlc01m ORDINANCE C OFFERED BY MAYOR COX. the reading of the text was wlived by unanimous consent. pissed and approved by the following vote to wit: . AYES: Cox. Moore. McCand1iss. Nlder NO: Malcolm, c.-~ ItJ-/ð ----- --_.._---..._.__.__.._---~-.~--,.. .,j '4" ,,1;~ - ,. - "".. ''¡ .. , ........... RESOLUTION D OFFEREO 3Y ~4' 1 COX I EXHIBIT e- MOTION Nader/ to amend the resolution to include an agreement that the development will conform with the Growth Mana\ement Element to eventually be adopted ßS part of the Chula Vista eneral Plan. Mayor Cox asked if this would be more suitable under Item [ - the Tentative Map Director Krempl responded that it coul d be placed under whatever action they felt comfortable with. MOTION RESTATED 10 amena tne resolution to state that EastLake would agree with whatever Growth Management Element is added into the Genera1 P1an; it wou1d become part of the agreement that the d.eve10pment will conform with the Growth Management Element that wi11 eventua11y be adopted as part of the General Plan. -- Council member Moore questione1l"the ~s used; ·aogree· as opposed to ·conform." , ," .,....",,-. _"Y\.. ¡;'1.A'1 Councilman Nader clariffed that EastLake could decline the agreement but then the project woul d not go ahead, so in effect, it is a rtquirement that EastLake conform. Discussion ensued regarding the agreement. Mr. Santos noted that this is the appropriate legal document to make that kind of commitment, but suggested it e addressed at that point in time. In answer to Councilman Nader's question, Mr. Santos responded they did have a problem in that Council is asking them to take a considerable risk, as they have done in the past. Councilman Nader withdrew his motion as to Item D and noted he would resubmit it as to Item E, but that it should be make clear at some point tonight that Council is doing this. VOTE ~N THE MOTION, Item D The motion carried with Councilman Malcolm voting no. RESOLUTION E OFFERED BY MAYOR COX as read. MOTION (McCandlissl Nader) that the res01ution be continued and returned at the Council meeting with the report on the General Plan. Councilman Nader asked for a c1arification of the motion. C-(p /éJ-11 0-- ___ __ . ._~_,_ ~_.,,~_._.. -- ----_._-----_..~--_.._- .. ........ "... ~ . , w" '03 'fill. ."WJ Councflwoman McCa.. lis s ta te û that what Ie ,ul d like the committee to deal with transfers and bonuses and come back to EXHIBIT Ç. Council before approval of the tentative map Mr. Santos state d they were interested in moving ahead, but . concerned about the feelings that EastLake had a lack of commitment. He suggested that the provision of a tract map condition that re~uires the develo~ment agreement for the pro~ect make EastLake sub ect to the Growt Management Policy that wil be adopted by the City in the future. Secondly. that a track .ap condftion on the ~roject requires that EastLake cannot exceed on a cumulative basis in the eastern territories 7.426 dwelling units until such time as the City has updated their Transportation Phasing Plan. or the Growth Management Plan. .. VOTE ON THE MOTION The motfon to continue failed by the following yote. to wit: AYES: McCandliss, Nader NOES: Cox, Malcolm. Moore . Mayor Cox noted there was one amendment he would like to make. MSUC (Cox/Mal colm) that before recording of the final map there would have to be an agreement executed by the City and by EastLake resolving the outstanding issues on the public v. private parks as they relate to EastLake I and EastLake II. MSUC (Nader/McCandlfss) Condftion 79 - the developínent be subject to the Growth Management Element of the General Phn in the Transportation Phasing Plan to be adopted by the City. Councflman "alcolm noted that he had n~ problem wfth item 37 where EastLake is subject to any new Cittwide resolutions regardfng cable television and no problem wit item 44 - that condftions related to low and moderate income housing shall be deferred Ind evaluated as a factor in the analysis of the General Plan 10licies 6.2 and 6.3 as they relate to parcels R-24, R-25. R-26. -27 and R-28. MOTION (Malcolm/Moore) to amend 37 Ind'44 IS per EastLlke's request. Dfrector of Public Works L1 ppi tt noted that Item 37 was put in because of Council's concern of equal access - it could be changed _ he recommended Uk ing out the word ·Ci ty-wi de· becluse we don t know whit the ultimate solution is going to be and it mlY be different from the western portion of the City in ElstLlke. ~-1- !IJ..¡Q _____. __n_n...__._ --_._.._~._.,....."._"..- n1nl,ltl!S - I:' - .JlJlY ItI, l~tI~ AMENDMENT TO MOTION . Councilman Malcolm am~..ded his motfon to delete the word ·CitY-wide" EXHIBIT c... The motfon carried unanfmously. Councilman Malcolm also stated he had a problem wfth the golf course. He spoke to EastLake and they agreed· to do something other than a private golf course: the general public ought to have a ri ght to use the open space: Eas tLake has an obli ga'ti on to the public. He asked the City Attorner if Council could leave a condition where EastLake has to be w lling to open up to some type of public use, to be determined by the City of Chuh Vista at a later date by the Parks & Recreation staff and other gOlfin, fac 11 i ti es in Eas tLake to come back with some type 0 recommendation. Assistant City Attorney Rudolf, in response to Council man Malcolm's question noted that if that condition would be consistent with what was already approved in Resolutions B, C, and D: if that issue is not already addressed in those provisions, then this condition would be inconsistent. It was noted by Mr. Gray that this would not be inconsistent with anything Council has acted upon thus far because nothing in the phns really speak to the private v. public nature of the golf course. Mr. Santos noted that EastLake Country Club is envisioned to be a ßrivatelY owned and operated Club; it is not a municipal course. hen it is opened in 1991, it wf1 1 be open for pub 11 c phy for a ~eriOd of time which has ·l1Ot yet been determined. The commun~ty . . as expressed a desire to have this available for· a community-at-large use. There will be a CUP for the golf course permit and at that time the whole concept of the public v. private play can be addressed. MOT! ON MSUC (Malcolm/Nader) to add thi s as Condition 180 - pri Dr to any o~eration of the Golf Course that an a~reement between the City of C ula Vista and EastLake regarding publ c play be entered into, to be considered as part of the procedure with the Conditionel Use Permit. MSUC (Nader/Moore) Condition 181 - to incorporate the Phnning Commission's recommendations. VOTE ON MAP RESOLUTION E OFFERED BY MAYOR COX, IS Imended, the reading of the text was waived by unanimous consent, passed Ind approved with Councilman Nader and Councilwoman McCandliss voting no. c.-~ /¡j - 13 - -------~_._,---~--~.- ·.....",..., - .'" - "''''J IU. 1:10~ . RESOLUTION F OFn .D BV MAYOR COX, the re, 'ng ~ the text was waived by unanimous cc. ent, pused and approvea .,ith Councilman Malcolm voting no and Councilman Nader voting no on the Statement EXHIBIT C- of Overriding Considerations. RESOLUTION G OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent passed and approved with Councilman Malcolm voting no. Councftman Moore questioned the Councfl poUcy on traffic studies in future developments. " Director of Public Works Lippitt responded that a traffic study was done for this plan in the EIR and one will be done when ~unbow and other major developments come in. The City is .utomaUcally following through on its policy. Mr. Krempl noted that on the Task Force, whfle indicating that it may take 60 days, they woul d be trying to get the group together as soon as it was authorized by Councfl and proceed to do it in the shortest time possible. Mayor Cox noted the Council should try to make a commitment to have this issue resolved in the next 60 days. 16. ORAL COHMUNICATIONS - Opportunity for the public to speak to tile (;1ty (;ounc; I on any subject matter within the Councfl's jurisdiction but not an item o"n today's .genda. Each speaker's presentation may not exceed five minutes. a. Mr. Wade R. Guflhni, s214 J Street, Chula Yista addressed the issue of the 706 and 706A buses, the Chula Yista Trolley. He noted that seniors and handicapped individuals that are having difficulties accessing those buses. He suggested that perhaps a study be done to correct these buses to be adequately used by these individuals. MSUC (Cox/Moore) to refer this petition to staff for a report and evaluation to come back to Council. b. Joseph Garch, 484 Fi fth Avenue, Chula Vista, suggested City invest in a 54 or 60 inch television monitor with a VCR to be installed in the Council Chamber. City Manager Goss noted the City. has that capability and equipment ready' to be used when neeéled. c. Paul Green, 141 Lotus Drive, Chula Yista, addressed concerns regarding an informational item dated February 15, 1989. The City Manager noted he wi11 send another copy of the response to his letter that had been sent. d. Rick Short Tan, 55 Oxford Street, Chula Yista, requested that Chula Yista Historical Society consider trees as part of Chula Vista's history. He cannot get information on certain trees in the area. e -Cf It) -if .. ---_._..~-,._,_..,,,._,_._._,..__._- . MjnUleS AUJIISII6. 1994 Pa¡e4 EXHIBIT (!. parcell Dr die Ea,otT .It~ G_ GeDeral P1III ~_! which lake _ from die iDlMIII ciR:u1atiDO or die EastLlke G_ Plumed CommWlÌly (DOrIbeut Dr Ibe SDGltE &nDIIIÚlliDO 1_); (2) Improve ....1pIIi.. IIId UClioDaI nlaliCllllbip Dr rMicleDliaJ cleDsil)'/produel dillribulioa within die Eu" ...... G_ P1enDed "--....ity area: IIId (3) UpdaIe \be '.ofT .It~ a- SPA P1III111d IIIJIP'-IUJ ~p_llto NIIect GIIIftIIt _fl,.;,." Ud tecbøic:al ~1I1Iued DO lite p1III approv"llIId muttlt ODDSideralioal. SCaff.... A I"' "'" 00uDci1 III- die lIIIIiA"At:ef DO fint rMdiD¡ ud app_ die NlDlIlliDO. (Director or PlIIIDiDa) A. ORDINANCE UOO APPROVING 111£ PREZONING OF 22.' ACIŒS OFUNlNCORI'ORA'nD LAND TO POC PLANNED COMMUNITY AND ADOPI'ING MITIGATED NEGATIVE DECLARATION ON JS.~1f AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO film ..dlM\ I. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE n (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) AND ADOPI'ING MITIGATED NEGATIVE DECLARATION ON JS.~I' AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO flint ..diM\ C. ItESOLUnON 1'76111 APPROVING AND IMPOSING AMENDMENTS AND CONDmONS ON 111£ EASTLAIŒ U (EASTLAIŒ I EXPANSION) GENERAL DEVELOPMENT PLAN. EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN. EASTLAIŒ GREENS AIR QUALITY IMPROVEMENT PLAN. EASTLAIŒ GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENT ATlVESUBDlVISlON MAP AND ADOPl'ING MITIGATED NEGATIVE DECLARATION OFJS.~ l' AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO KeD 1M. Ãlliltllll Director Dr Plumiaa, IUmmariz.ed the i_ involved with the projecl. COIIcIitiDO IC of lb. ordÏDlllce ..rerred to die aortb lide Dr parcel R27 (lnillyltem) IIId Ibould be corrected to reed die IIOftb lide Dr ClublaouM Drive. . . . COWM:ilmm1ber Horton uriYed .t ':2f p.m. · · · Mayor Nader lilted the Resource Conservalion Commillion minulllllhould have been iDcIuded ill die pecbt. He had IUd the lIIÎIIulea which ..nected a S~ vOle for the IllÍli.aled neaalive declaraliDO. This beina the time and place .. advertised, the public bearina - declared open. lna Sloan, 900 lADe Avenue. '100. Chula Viata, CA. np.-lin. EutLalte ~.Jopawøl COIIIf"'PlY. . -.umd with die iliff ncollllllClldatiDIII. 'Ibere beina DO furtber public leIIimony, Ibe public llearina - cl~. ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AND RESOLlTI'lON 1"111 OnERED BY COVNClLMEMBER BORTON, nadllll of &he leX! ... waived, passed and .pprv.... _..I",_y. 13. PUBLIC REA1tING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YAID WASTE RECYCLING SERVICES ROM AN OPl'IONS PROGRAM TO A UNIVERSAL MANDATORY RATE STRUCTURE· TIle City', naideatiaJ ,.,. wute ooIlection propm be.... I/IIN... ... "optiDDa" prDJIIIII-'icb aIIøwa 1ÌD.Ie-fuDily naideall the cboioa of !low !hey will pII'Iiciplle,lIued DO ....r ... -t or tbeir ,.,. wute...... A __ or \be ~~t:iDO. a.II, ud _III or.... .iI... ..... or.... ¥OhuI1UJ "aptiDDa" ,..,.. IIIow dial ... .. far ia. _III_ _liDueliDO or die pIOIIUIla . J~ I ~ f-' IIpCIO . .... lIti_t to _ ooUectiDO ud pI r ¡"..... ..........-ived from 1Md\aw ,.. _I", ODDSidantiDO or. ...._t to.... ,.,. wute fee 1IrTICt\I.. efrectiVl '/IIN whiela -W iDvoIVI..... to .IIIIÍ-.! --t.,,,? .... ItrUCtIIn to "1pnId to ..11ÏDJJc.fuaily__ta. llarr J: fr 1fIprD.... 01 \be -autillll. (Deputy City M.....1tNmpI) . RESOLtmON 1'7619 APPROVING A UNIVERSAL RESIDENTIAL Y AID WASTE C01J.ECI10N RATE CHANGE TO sua PER SINGLE-FA~In.Y HOME - C-IO I tJ ~/.s - ---~- -^-,_._,--_.,-----_._---~-.,.,- RESOLUTION NO. '8 '2>1../ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT aa-3A, EASTLAKE SOUTH GREENS UNIT 1 ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE 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 The City Council of the City of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT aa-3A, EASTLAKE SOUTH GREENS UNIT 1, and more particularly described as follows: Lot 1 of Chula vista Tract No. aa-3A, EastLake South Greens in the city of Chula vista, County of San Diego, State of California, According to Map Thereof No. 13292, filed in the Office of the County Recorder of San Diego County, January 25, 1996 Area: 19.90a acres No. of Lots: 56 Numbered Lots: 52 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Riviera Drive, Riviera Way, Cypress Point Court and Thunderbird Place, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, B, C, and D are hereby rejected for Open Space. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the city of Chula vista the easements with the right of ingress and egress for street tree planting and maintenance, and 1 /O~I1"/ the storm drain easement, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be, and 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 accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space and other public uses and are rejected on behalf of the City of Chula vista and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility easement and storm drain easement, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and 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 day of , 1996, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he 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 Lippitt, Director of (L- ~~ John P. city Attorney Public Works 2 IDA ,,~ 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 toa 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 day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, 900 Lane Avenue, suite 100, Chula Vista, California 91914, hereinafter called "Subdivider"; H.ITH];ââ];T!!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 EASTLAKE SOUTH GREENS, UNIT 1 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 and complete, at Subdivider's own expense, all the public -1- 1t)/1 ,. 3 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. 15200, approved on the 18th day of July, 1989 ("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. 96-100 through 96-106 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 Nine Hundred Forty-Three Thousand six Hundred Dollars ($943,600). 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 únderstood 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 third 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- 10 A, 'I 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 Four Hundred Seventy-One Thousand Eight Hundred Dollars ($471,800) 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 Four Hundred Seventy-One Thousand Eight Hundred Dollars ($471,800) 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 Ten Thousand ($10,000) (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 improvement security. Subdivider agrees to pay to the City any -3- ¡¿yfl --Š · 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 indemnification and agreement to hold harmless shall extend to -4- loll ~I:, - ._-~---------_._-- 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: EASTLAKE DEVELOPMENT COMPANY Mayor of the City of Chu1a vista ATTEST City Clerk Approved as to form by G\..,- YY\.W\.G--....>: 1(t~ city Attorney (Attach Notary Acknowledgment) -5- I ()A ' 7 - -,--_._--_.....-------~_._- By: EASTLAKE DEVELOPMENT COMPANY, a California general partnerslüp By: Boswell Properties, Inc., By: The Tulago Company, - a general partner a general partner By: ~~ By: /a-L /~ Paul G. Nieto, Vice President Paul G. Nieto Vice President By: By: )Off - ~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $471,800 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $471,800 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $10,000 Securities approved as to form and amount by City Attorney Improvement Completion Date: c: \ag\sia\elag.1 -6- lOA - 9 RESOLUTION NO. I ß 3lfê). RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 1 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NO. 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on July 18,1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map for Chula vista Tract 88-3, EastLake Greens; and WHEREAS, on August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South Greens, Tentative Map 88-3A, and imposed additional conditions of approval which amendment covers the area south of Clubhouse Drive which is designated as EastLake South Greens; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy the following conditions: 1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the city's adopted thresholds. 2. Condition No. 33 of Resolution No. 15200 requires the developer to enter into an agreement to guarantee the construction of all improvement work necessary to provide service to the subdivision. 3. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. 4. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. 1 (ðA - J ______m__________ ._ 5. Condition No. 34 of Resolution No. 17618 requires the developer to enter into an agreement with the City relating to the provision of franchise cable television services. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve Supplemental Subdivision Improvement Agreement for EastLake South Greens unit 1 requiring Developer to comply with certain unfulfilled conditions of Resolutions No. 15200 and 17618, 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 Lippitt, Director of (l- 'h~~ .~ John P. City Attorney Public Works C:\rs\ElSG.Un1 2 /ó;f>....J. ~ -_._-,.._--_._.._-'"---_..."'~_..- 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. ) ) ) ) Developer ) ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 30 & 33 of Resolution No. 15200, Conditions 32, 33, 34 of Resolution No. 17618 ) This Supplemental Subdivision Improvement Agreement ("Agre\'!Illent" ) is made this day of , 199 , by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and EASTLAKE DEVELOPMENT COMPANY, a general partnership ( "Developer" 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 "An attached hereto and incorporated herein (" Property") . The Property is part of a project commonly known 1 /Óß... .3 as EastLake South Greens Unit 1. 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 EastLake Greens, Tract 88-3 ("Tentati ve Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 15200 and subsequent Resolution No. 17618 ("Resolutions" ) pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolutions, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. E. Condition No. 30 of Resolution No. 15200 requires Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any uni ts in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. F. Condition No. 33 of Resolution No. 15200 - Guarantee of Construction. The resolution requires that prior to the approval of any final map for any lot or unit, the Developer shall guarantee the construction of all improvement work (streets, sewers, drainage, utilities, etc. ) deemed necessary to provide service to such lot or unit in accordance with City standards. G. Condition No. 32 of Resolution No. 17618 requires Developer 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 attach, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers or employees with regard to this subdivision 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. 2 I()~ ,'/ ___._..___."._.___.._......__,.-0..'."'... H. Condition No. 33 of Resolution No. 17618 requires the Developer to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. I. Condition No. 34 of Resolution No. 17618 requires the Developer 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 and as more particularly set forth in Condition 34. Developer further agrees to 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. J. 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 land owned by the City adjacent to the Property, described as EastLake Community Park, more particularly described as Lot 2 of Map No. 12544, recorded January 26, 1990. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement shall be released from title, as to an individual lot or unit within the Property upon the sale of any lot improved with a residence, provided however, the City determines that the effect of such release, or in 3 IO~,5 -.-..-- conjunction with previous releases, will not jeopardize the completion of the improvements or other obligations remaining under this Agreement. If the City determines that the release will not jeopardize said obligations, the City shall execute a quitclaim releasing the Burden of this Agreement from the title to any such lots. As to any lots which have not been released, the Burden of this Agreement shall continue to encumber such lots and shall be binding upon, and run with, the ownership of such lots until such lots are released. a. Developer Release on Guest Builder Assigrunents. 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 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. 30 of Resolution No. 15200 - Building Permi. ts Not to Issue While Thresholds Deficient. In satisfaction of Condition No. 30 of Resolution No. 15200, the Developer agrees that the City has the right to withhold building permits for any dwelling units on the Property at such time as the traffic volumes on otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the level of service identified in the City's adopted thresholds. 3. Condition No. 33 of Resolution No. 15200 - Guarantee of Construction. Prior to the approval of any final map for any lot or unit, the Developer shal;!. guarantee the 4 IlJiJ ,~ ------------_._---------~.- . construction of all improvement work (streets, sewers, drainage, utilities, etc. ) deemed necessary to provide service to such lot or unit in accordance with city standards. 4. Condition No. 33 of Resolution No. 17618 In satisfaction of Condition No. 33 of Resolution No. 17618, the Developer agrees to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 5. Condition No. 32 - Subdivision Map Indemnity. In satisfaction of Condition No. 32 of Resolution No. 17618, 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, indemni fy, 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. 6. Condition No. 34 - Cable Television Easements. In satisfaction of Condition No. 34 of Resolution No. 17618, 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 coordinated with Developer's construction schedule so that it does not 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 5 /¡J,B -7 enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the City of Chula Vista that they have violated the conditions of the grant. 7. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 8. Mîscellaneous. 8.1 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: EASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue Suite #100 Chula Vista, California 91914 Attn: William T. Ostrem Vice President 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. 8.2 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. 6 /¿J/3 ,~ 8.3 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. 8.4 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. 8.5 Recitals; Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 8.6 Attorneys' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. , 7 /tJ,ð ..9 ~_._-_.- .-.- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute the day and year first hereinabove set forth. By: city of Chula Vista Mayor Attest: Beverly Authelet, City Clerk * EASTLAKE DEVELOPMENT COMPANY Approved as to . 7 . /!1 'i ¿ø..i ú~ ~ .Y. By: (. Bruce M. Booga d, ity Attorney Name: Title: Date: By: Name: Title: * PLEASE SEE ATTACHED SIGNATURE PAGE . 8 /IJß;/~ _._.----------.--< -- ---~ By: EASTLAKE DEVELOPMENT COMPANY, a California general partnerslüp By: Boswell Properties, Inc., By: The Tulago Company, a general partner a general partner By: ~~- By: ~~ By: By: //)~"" ) / -~-".,.,.- EXHIBIT "A" Property Description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF CHULA VISA TRACT NO. 88-3A, EASTLAKE SOUTH GREENS, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13292, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1996. SCHEDULE "1" I¿J~../~ --" ----_.~--_._.. COUNCIL AGENDA STATEMENT Item /1 Meeting Date 6/18/96 ITEM TITLE: Resolution IS ~4? Extending Agreement with Calgis, Inc. for a GIS based Traffic Accident Record System SUBMITTED BY: D'redor 0' Pill>He ~~ ¡r- REVIEWED BY: City Manager~~ ./? 4/5 Vote: Yes No X } Currently, the City has an agreement with Calgis, Inc. for the development of a GIS based Traffic Accident Record System. This agreement will expire on June 30, 1996. The agreement needs to be extended to allow completion of the work on the project. RECOMMENDATION: That Council approve an extension to the agreement with Calgis, Inc. until December 31, 1996 for the development of a GIS based Traffic Accident Record System. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On November 7, 1995, the City Council approved Agreement Number C095-221 with Calgis, Inc. for the development of a GIS based Traffic Accident Record System. This is a grant funded project through the State of California Office of Traffic Safety. This agreement, which is due to expire on June 30, 1996, needs to be extended. After execution of the agreement there was a delay of 8 weeks before the notice of commencement was delivered to Calgis, Inc. while issues regarding their insurance carrier (which was not licensed in the State of California) were resolved. The kick-off meeting for the project was held on January 3 and 4, 1996 . In addition to the delay in beginning the project, work on the first phase of the project has proceeded more slowly than anticipated due to the complexity of the proposed system. Staff has requested and received a project extension through December 1996 from the Office of Traffic Safety. it -I _ _n_"__.___m Item Meeting Date 6/18/96 Therefore, extension of the agreement to December 31, 1996 (to coincide with the new completion date approved by OTS) is required for this project. There will be no changes to the scope of the work or to the amount ($38,645) of this fixed fee agreement. FISCAL IMPACT: This project was funded when the contract was approved by Council. Since there is no change in the contract amount, The fiscal impact is minimal. Attachment: Agreement C095-221 File: 0735-10-TF231 0760-95-CY029 M,\HOME\ENGINEER\AGENDA\A_CALGIS.SM . \\-~ RESOLUTION NO. If/ 3'13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING AGREEMENT WITH CALGIS, INC. FOR A GIS BASED TRAFFIC ACCIDENT RECORD SYSTEM WHEREAS, currently, the City has an agreement with Calgis, Inc. for the development of a GIS based Traffic Accident Record system which will expire on June 30, 1996; and WHEREAS, the agreement needs to be extended until December 31, 1996 to allow completion of the work on the project; and WHEREAS, there will be no changes to the scope of the work or to the amount ($38,645) of this fixed fee agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby extend the Agreement with Calgis, Inc. for a GIS based Traffic Accident Record System until December 31, 1996. BE IT FURTHER RESOLVED that all other terms and conditions of said Agreement shall remain in full force and effect. Presented by Approved as to form by ~ 1'vtÁ9-{ 'kJ... John P. Lippitt, Director city Attorney of Public Works C:\rs\calgis.ext ~ f!o q~ -:1/11 \\-3 )¥ R. /'io93 "---..-.--, - --,- . . -- .- · . 4// . · · Aqre_ent between . City of Chula Vista anð Calgb, Inc. for a G.I.S. .aaeeS '1'raffic AccieSent aecoreS Sl.t_· Agreement Humber 'tHIS AGREEMENT, maeSe ana .nterea into thb ~ day of Hovember, '995, in the City of Chula Vi.ta, Coun y 0 an Di.go, Itate of California, i. by ana b.tw.en the City of Chula Vi.ta (City), . municipal Chart.rea corporation of the Itate of California, through it. duly .1ecteeS or appoint.a, qualifi.a ana acting Deputy 'ublic Work. Director/City Engin.er (Aðmini.trator), ana Calgia, Inc. (Consultant), a Corporation, who.e place of bu.ine.s ana telephone number. are .et forth on Exhibit A, 'aragraph 6. ~hi. Agreement, dated -. ~~¡lj~ for the purpo.es of reference only, and effective as 0 the date la.t .xecuted unl..s another date is otherwise .pecifiea in Exhibit A, 'aragraph , i. .aae with reference to the following fact.: aecitals Whereas, the City of Chula Vi.ta has aav.rti.ea for aequest For 'roposals for a consultant to develop a G.I.S. .a.ea '1'raffic Acciaent Recora System under a grant from the Stat. of California, Office of ~raffic Safety (OTS); ana, Whereas, after having received ana r.vi.wea 'ropo.als from eight (8) licen.ea firms, qualifiea to provide .uch .ervice., the City of Chula Vi.ta has cho.en, ana ors has approved, Calgi., Inc. a. the mo.t qualifiea ana d..irable firm with which to .nt.r into agreement with to fulfill the requireme~ts of this contract; and, Whereas, the Consultant warrant. ana repr...nt. that they are .xperiencea ana .taff.a in a .anner .uch that th.y ar. ana can prepare and deliver the product. aneS ..rvic.. r.quir.a of the Consultant to the Administrator within the tim. fram.. h.r.in proviaed all in accoraanc. with the t.rm. aneS coneSition. of thi. Agr..ment; HOW, 'tHEREFORE, BE IT RESOLVED that the Aðminiatrator and the Con.ultant do h.r.by mutually agr.. that the Consultant for an4 in conaiaeraUon of the cov.nant., coneSiUon., .gr....nt., ana .tipulation. of the Admini.trator her. in .xpr....eS, do.. h.r.by agree to furni.h ~o the Aðmini.trator ..rvic.. ana ..t.rial., a. follows: ~ C ~fÝ.t..21 11-..5 ',fJl'ð93 . . . . Article 1 _ statement of.Work/conlultant'. Dutiel A. General INti...· Consultant ahall perform all of the aervice. ðe.cribed on the attached Exhibit A, Paragraph 7, entitled "General Dutie."; and, B. Scope of ~ork and Scheðule In theproce.. of performing and ðeUvedng aaid "General INtie.", Conaultant ahall al.o perform all of the aervice. a. ðe.cdbed in Exhibit A, Paragraph 8, entitled "Scope of Work and scheðule", not incon.istent with the General INti.., according to, and within the time frame. aet forth in Exhibit A, 'aragraph 8, and ðeliver to the City auch Deliverable. a. are identified in Exhibit A, 'aragraph 8, wi thin the tille frame. aet forth ther.in, tille being of the e..ence of this agreement. . The General INti.. and the work and deliverable. required in the Scope of work and Schedule ahall be herein referred to a. "Defined Service.". "ailure to complete the Defined Service. by the .times indicated doe. not, except at t.he opt.ion of t.he City, operate t.o t.erminate t.hi. Agreement. ,. C. Reðuction. in Scope of Work City may inðependently, or upon reque.t from Con.ultant, from time to t.ime reduce t.he Defined Service. to be performed by t.he Con.ultant under thia Agreement. upon doing ao, City and Con.ultant agree to meet in good faith and confer for the purpo.e of negotiating a ·corre.ponding reduction in the compen.ation a..ociated with aaið reduction. D. Adðitional.Service. In adðiUon to performing the Defined Services herein aet forth, City..y require Con.ultant to perform additional con.ulting aervice. relateð to t.he Defined Service. ("Additional ,ervice."», .and upon doing ao in writing, if t.hey are within the acope of aervice. offered by con.ultant, Con.ultant .hall perform aame on a time anð ..tedal. ba.b at the rate. aet forth in the "Rate Schedule" in Exhibit A, 'aragraph 11 (C», unl... a ..parat. fixed fee is otherwise agreeð upon. All compensation for Aððitional Service. ahall be paid monthly a. billeð. . Such Aððitional Service., if they ar. to be fundeð unðer grant from the O'l'S, .hall be approved by the 0'1'8 pdor to the con.ultant %.ceiving a Motic. to 'roceed from the City for the performance of auch Aððitional Service.. . » //-(, "-------," . E. Standard of Care Consultant, in performing any Services under this agre.ment, whether Defined Services or Additional Services, ahall perform in a manner consistent with that level of care and akill ordinarily exercised by membera of the profeaaion currently practicing under aimilar conditiona and in aimilar a1tuat1ons. F. Inaurance Consultant represent. that it and it. agent., ataff and aubconaultant. employed by it in connection with the Service. required to be " rendered, are protected aga1nat the r1ak of loaa by the following 1naurance coveragea, in the following categor1e., and to the limit. apecif1ed, policies of which are 1aaued by Inaurance COmpanies that have a Best.a Rating of "A, Claas V" or better, or ahall meet with the approval of the City: Statutory Worker'. Compensation Inaurance and Employer'. Liabili ty Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph g. Commercial General Liability Inaurance including Bua1neaa Automobile Insurance coverage in the amount aet forth in Exhibit A, Paragraph g, combined aingle limit applied ..parately to each project away from premiaes owned or rented by Cona~ltant, which name. the City and Applicant as an Additional In.ured, and which is primary to any policy which the City may otherwise carry ("Primary coverage"), and which treats the employee. of the City and Af.plicant in the aame manner as members of the veneral public ('Cross-L1ability Coverage"). Errors and Omissions Insurance, in the amount aet forth in Exhibit A, Paragraph g, unless Errors and Omissions coverage is included in the General Liability Policy. G. Proof of Insurance Coverage . , (' ) Certificate. of In.urance. Conaultant ahall demon.trate proof of coverage herein required, prior to the commencement of aerv1cea required un4er thia . Agreement, by delivery of Certificate. of Inaurance demonatrat1ng aame, and further indicating that the policies may not be canceled without at leaat thirty (30) daya written notice to the Additional Inaured. (2) 'olicy JEndora..enta .equ1rea. In oraer to demonatrate the Aaa1 tional In.urea Coverage, 'r1mary Coverage and " Croas-L1ability Coverage .requirea unaer - Conaultant'. Commercial General" Liability Inaurance policy, .. 11-7 --_._--~.._-,- -- ~._..__._..- . Consultant ahall deliver a policy .ndorsement to the City demonstrating aame, which ahall be reviewed and approved by the Risk Manager. . H. Security for 'erformance. (1) Performanee ~onð· In the event that Exhibit A, at 'aragraph ", indicates the need for Consultant to provide a 'erformance Bond (indicated by a check mark in the parenthetical apace immediately preceding the aubparagraph entitled "'erformance Bond"), then consultant ahall provide to the City a performance bond by a aurety and in a form anlS amount aatisfactory to the Risk Manager or City Attorney which amount is indicatelS in the apace aajacent to the term, ....rfonaance Bond", in aaid 'aragraph ", Exhibit A. (2) Letter of Credit In the event that Exhibit A, at .aragraph ", indicates the neelS for Consultant to provide a Letter of CrelSit (indicated by a check mark in the parenthetical space immediately precelSing the subparagraph entitlelS "Letter of CrelSit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfetterelS discretion by aubmitting to the bank a letter, signed by the City Manager, atating that the Consultant ia in breach of the terms of this Agreement. The Letter of Cr.lSit ahall be issued by a bank, anlS be in a form anlS amount satisfactory to the Risk Manager or City Attorney which amount ia inlSicatelS in the space alSjacent to the term, "Letter of Credit", in sailS 'aragraph 19, Exhibit A. (3) Other Seeuritv In the event that Exhibit A,'aragraph ", inlSicates the neelS . for Consultant to provide secud ty other than a 'erformance Bond or a Letter of Credit (inlSicated by a check mark in the 2~enthetical apace immelSiately precelSing the subparagraph entitled "Other Security"), then Consultant shall provide to the City auch other security therein listelS in a form and amount aatisfactory to the Risk Manager or City Attorney which type anlS amount is inlSicated in the apaces beneath the term, "Other security", in aaid 'aragraph ", Sxhibit A. t. Business License Consultant agrees to obtain a business license from the city for each calenlSar year that the Consultant perfo~ work for the City and/or performs work within the City limits and to otherwise comply with Title 5 of the Chula Vista Municipal eoðe. Consultant shall pay· the City's Business Licens. Tax (S105/year) as part of obtaining the requirea business license. . . /1-8 . Article 2 - proiect Costs pursuant to satisfactory completion of this Agreement, a single fixed fee' payment of S 38.645 (which inclueSes all expenses incurreeS by the Consultant) will be aaeSe to the Consultant. . ~e above single fixeeS fee paymen~ for satisfactory performance, inclueSes salary, fringe benefits, overhead, profit aneS all other expenses incurred by the Consultant. Article 3 - Cost Limitation Total expenditures made under this contl~ct shall in no case exceed the sum of . 38.645 . Article 4 - Method of Pavment A. The Consultant w1l1 be compensated for performance of the ÞefineeS Services herein deacribeeS as are allowab],e under the provisions of Part %-15 of the FeeSeral Procurement Regulations. B. Consultant shall be reimburseeS as prov1deeS in Exhibit A, 'aragraph '1 in arrears. Consultant shall submit .11 invoices in triplicate aneS aeSdressed to the Administrator. C. The AeSministrator shall retain ten percent of the billings, which retention shall be paid to the Consultant together with the final payment, upon acceptance by the Administrator .neS the California Office .of Traffic Safety of the satisfactory Final Iteport. D. Compensation - Upon receipt of . properly prepareeS bllling from Consultant submitteeS to the City periodically .s indicated in Exhibit A, 'aragraph 18, but in no event aore frequently than monthly, on the day ~f the period 1ndicateeS in Exhibit A, 'aragraph '8, City shall compensate Consultant for .11 services rendereeS by Consultant accoreS1ng to the' tenas and coneS1tions set forth in Exhibit A, 'aragraph 11, aeS~acent to the governing compensation relationship indicated by a "checkllark" next to the appropriate .rrangement, sub~ect to the require.ents for . retention set forth in Article 4, paragraph C, and in Exhibit A, paragraph 19, aneS shall compensate Consultant for out of pocket expenses .s provideeS in Exhibit A, paragraph 12. All billings submitteð by Consultant shall contain sufficient information .s to the propriety of the billing to penait the City to evaluate that the amount due anð payable thereunðer is proper, anð shall specifically contain the City's account n~r ineSicated . . t 11-9 . . on Exhibit A, Paragraph 1 B (C) to be chargeeS upon lIaking .uch payment. Article 5 _Fubeont:rac:t.ina Consultant ahall not be permitteeS to aubcontract ;AnY portion of thia Contract without the express written conaent of the City aneS the OTS. Article 6 - ComDlet:ion Ðat:e Consultant ahall complete the following portions of the work within the following time frames from the iasuance by the City of a "Notice to proceeeS" for this project: JÞortion of Work fJ'imf! Yrame 1. Sy.tem Ðefinition 1 month 2. System Design 2 months 3. System Ðevelopment C months C. System Support Development 5 months 5. System Evaluation 5 1/2 months 6. System Installation 6 months ,. Final aeport 'reparation , month. ~hi. Agreement ahall terminate when the ,artie.·have complieeS with all executory provisions hereof, and in no ca.e after the date of June 30. "96 . Article , - ReDort:s Consultant ahall furnish interim report. quarterly as to the proqress of the project or upon demaneS by the City or the orS. A Final aeport in draft form .hall be provideeS to the City and the OTS thirty (30) day. prior to contract termination· tor review, recommendationa aneS approval by both parties prior to the Consultant furniahing twelve (12) pI' in teeS copies of the approved final report. ~he approveeS Final .eport ia due to OTS thirty dats after project completion. Cost. incidental to the r,port a preparation or delivery that are incurreeS .ubsequent . to the te~nation date of the project are not allowable. . For any report or document that the Consultant prepares or participates in the preparation of in performing the Defined Servicea, Consultant ahall include, or cau.e the inclu.ion of, in .aid report or document, a atatement of the number. and co.t in dollar amounta of all contract. aneS .ubcontracta relating to the preparation of the report or document. . . . . /I-If) .·...u..., .~.,"-_.__..._-"-_....~._..--_.~.~ . Article 8 - Publieation A. Consultant .hallnot be authorbeð to copyright the final report, any paper., interim report., fOrllls, or other material which i. a p.rt of the work unlSer the Agreement, without written approval from the City anð the eTS. . B. Publication right. to any document. proðuceð are to be r..erv.4 to the City anð the eTS. oral an4 writt.n relea... of "inforlll.tion are aubject to prior writt.n approval of the Admini.trator an4 eTS. C. All r.port. publish.ð by the Con.ultant ahall contain the following statement on the creðit ahe.t: "The opinion., finðing., anlS conclusion. .xpr....1S in this publication are tho.. of the author. anlS not n.c....rily tho.. of the Offic. of Traffic Safety, the National Highw.y Traffic Safety Aðmini.tratioD, the FelSeral Highway Aðmini.tration or the city of Chula Vi.ta." 1). Both writt.n anlS oral r.le.... ar. con.ilSerelS to be within the context of public.tion. How.v.r, there i. no int.ntion to limit discu.sion of the project with amall technical groups or lectur.. to employ.e. or stuðent.. Lectur.. to oth.r ¡roup. which describe the proj.ct but ðisclose neither ðata nor result. ar. p.rlllissible without aðvanc. writt.n approval. . E. All reports sh.ll contain the following cr.lS1t lin.: ''In cooperation with the State of California, Busin.ss, Transport.tion anð Housing Agency, Office of Tr.ffic Safety, the U.S. Department of Transportation, National Highw.y Traffic Safety Admini.tration anlS F.ðeral Highway Administration." Article 9 - Proi.e~ Yn.Ðeetion The Office of Tr.ffic S.f.ty, the N.tion.l Hi9hlc.y Traffic S.f.ty Administration, the Feð.~al Highway Aðministrat on, anlS the Aðministrator m.y r.vi.w anlS in.pect the Consultant'a activities as to this contract ðuring the progre.s of the proj.ct. :. . Article 10 - Aeeountino Reeorðs Consul tant must maintain accounting recorð. anð other .videnc. pertaining to costs incurrelS. All recorðs anð documents .hall be kept available at the Consultant'. California office during the Contract perioð anð ther.aftar for three years from the ðate of final payment of Feðeral funlSs. ~ 1/-1/ . Article " - Dwn@r.hiÐ 0* Ða~a. ReÐroðu~tion anð U.@ of Material All report., atudie., information, data, map., atati.tic., forms, designs, plans, procedures, ayatems and any other material. or properties produced, coll.ct.d, cr.ated or prepar.d under thia Agreement ahall become the joint property of the City and the 0'.1'8. Mo auch materiala or properties produc.d in whole or in part under thia Agreement ahall b. aubject to private ua., copyright. or patent righta by Con.ultant in the United Itat.s or in any other country without the express written consent of the City and the MS. City and the 0'.1'8 ahall have unr.strict.d authority to publish, diaclose (exc.pt as .ay be li.it.d by the proviaions of the Public Records Act), distribute, and oth.rwiae use, copyright or patent, in whole or in part, -any auch r.porta, atudi.s, data, atatiatics, forms or other materiala or properti.a produc.d under this Agreement. Article 12 - Warranty Consultant warrants that the aoftware programs for the GIS Based 'traffic Accident Record System will function aa intended and described in the Detail.d Scope of Work (Exhibit B). 'thia warranty ahall be effective for one year from the acceptance of the project by the City. Article 13 - ~ermina~ion o~ Aore@ment for ~au.e If, through any cause, Consultant ahall fail to fulfill in a timely and proper .anner Conaultant'a obligationa under thia Agreement, or if Consultant ahall violate any of the covenants, agreements or atipulationa of thia Agreement, City aball have the right to terminate this Agr.em.nt by giving writt.1) DoU.ce to Consultant of auch termination and apecifying the effective date thereof at least five (5) daya before the effective date of auch ~ermination. In that event, all finished or unfiniah.4 documenta, data, atudies, aurveys, drawing., .aps, reporta and ottier materials prepared by Conaultant ahall, at the option of the City' and the 0'.1'8, become the joint property of the City and the OTS, and Conaultant ahall be entitl.d to r.ceiv. juat and equitable compenaation for any work aatiafactorily compl.t.d on auch . document a and other .ateriala up to the effective date Of Motice Of 't.rmination, ftot to exc.ed the aJDounta payable h.reund.r, and less any damagea caused City by Consultant'a breach. Article 'C _ ~.rmift.~iðft of Aðreement ~or ~ðftv.fti.fte. ð~ ~ity City .ay terminate this Agr....nt at any U.e and for any r...on, by giving apecific writt.n notice to Consultant Of auch -. termination and apecifying the .ffective date ther.of, atl...t -~ I/-IJ . thirty (30) days before the effective date of such termination. In that .vent, all finished and unfinished document. and other materials descr1beð hereinabove shali, at the option of the City anð the OTS, become the joint property of the City anð the OTS. If the Agreement is terminateð by City as provideð in this paragraph, Consultant .hall be enUtled to receive ~ust. and equitable compensation for any .aUsfactory work comp1.t.d on .uch document. anð other aater1als to the effective date of such termination. Consultant hereby .xpressly waives any and all claims for damag.s . or compensation arising under this Agr....nt .xcept as s.t forth h.rein. Article 15 - .ssianabilitv 'the serv1c.s of consultant ar. personal to the City, anð Consultant shall not assign any int.r.st in this Agr.ement, and shall not transfer any inter.st 'in the same (wheth.r by a..ignment or novation), without the prior written consent of the City and the OTS, which the City anð the OTS may not unreasonably deny. City hereby consents to the a.signment of the portions of the Defineð Services identifieð in Exhibit A, Paragraph l' to the subconsu1tants identified thereat a. "Permitted Subconsultants". Article 16 - Am@ndm@nt It is mutually unðerstood and agreed that no alteration or variation of the terms of this Agreement, or any subcontract requiring the approval of the Administrator and/or the Office of 'traffic Safety, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. Article l' - Non-Solicitation Clause "The Consultant warrants that he/sheha. not ,mp10yed or retained any company or persons, other than a bona tide employee working solely for the Consultant, or paið any fee, commission, percentage, brokerage f.e, vift., or any oth.r con.ideration, contingent upon or r.sulting from the award or ..king of this Agreement. For br.ach or violation of this warranty, the .tate shall bav. the right to annul this Agreement without liability, or, . in its discretion to d.duct from the Agr.ement price or con.ideration, or oth.rwise recover, tbe full amount of such fee, commission, perc.ntage, brokerage f.e, vift, or conting.nt fe.." Article 18 _ .aual ðeDortunitv a..uranee During the performance of this Agreement, the Consultant agree. as' follow.: ' . 11-/003 . . A. The consultant' will not d:l.ac:dminate against any employee or applicant for employment because of race, aex, creed, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, ant! that employees are treated during employment, without regard to their race, aex, creed, color or national origin. Such action ahall include, but D01 be limited to the following: employment, upgrading, demotion or transfer;· I recruitment or recruitment advertising¡ layoffs or tenlination¡ rates of payor other fOnls of compensation¡ and aelection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, .available to employees and applicants for employment, notices .etting forth the provisions of this Dondiscrimination clause. . B. '1'he Consultant will, in all .olicitations or eðvertisements for employees placeð by or on behalf of the Consultant, .tate that all quallfieð applicants will receive consiðeration for employment without regart! to race, .ex, creeð, color or national origin. C. The Consultant will .enð to each labor union or representative of workers with which he/she has a collective bargaining agreement or contract or unðerstanding, a notice aðvising the labor union or worker's representative of the Consultant'. commitments unðer this nonðiscrimination clause anð .hall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Consultant will penlit access to books, records anð accounts by the applicant agency, the state, the Feðeral Highway Aðministration anð/or the National Highway '!'raffic Safety Administration for purposes of invesligation to ascertain compliance with this nonðiscrimination clause. . E. In the event of the Consultant'. noncompliance with the nondiscrimination clauses of this Agreement, this Agreement aay be eanceleð, tenlinateð or auspenðeð-in whole or in parf: Article ,g - C~~:~;:~~eW~~:~r::ð(~}:,~~:)veterans Business During the performance of thi. Agreement, the Consultant agrees to insure that ainority, disabled and women busines~ enterprises as defined in 49 crR .art 23 and california Coðe of .egulations, '1'itle 2 ahall have the aaximum opportunity to participate in its performance. '1'he Consultant will take 811 necessary and reasonable .tep. in accordance with th... r.gulation. to insure that M/W/DVBE'. have the aaximum opportunity to compete for and perfonl any .ubcontract. for aaterial., .ervice. or aupplies procured under this Agreement. . . 1/-1# '-'~-"----"-"'------~---" . . Article 20 - Drua-Free WorkÐ1Bee Cer~ifieBtion During t:he performance of this Agreement, the Consultant agree. to provide a drug-free workplace a. out1inelS in the Government Code Section 8355 by: . A. Publi.hing a .tatement ftotifying employee. that company policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled .ubstance, and defining action. to be t:aken for violation of the policy. B. ..tablishing a drug-free awarene.. program to inform employee. about the danger. of drug abu.e in the workplace, the organization'. policy of maintaining a drug-free workplace, any available counseling, rehabilitation and employe. e..i.tance program. and penalties that may be impo.ed upon employees for drug abu.e violation.. . C. Providing that every employee who work. on the propo.elS contract will receive a copy of the company'. drug-free policy .tatement and requiring that the.e employee. agree to abide by the terms of the company'. .tatement a. a conlSition of employment on the contract. . Article 21 - Con8ultB~ion anð Cooaeration The City .hall regularly consult the Consultant for the purpose of reviewing the progress of the DeUnelS Service. and Schedule therein contained, anlS to provide direction and guidance to achieve the objectives of this agreement. The City .hall permit acce.. to it. office facilities, files, and records by Con.ultant throughout the term of the Agreement. In addition thereto, City agree. to provide the information, data, item. and material. .et forth on Exhibit A, paragraph 10, and with the further unlSentanding that delay in the provision of the.e materials beyond 30 days after authorization to proceelS, .hall con.tit~te a ba.i. for the justifiable delay in the Con.ultant'. performance of this Agreement. Article 22 - .ðmini.tration ðf ~ontraet . .ach party de.ignate. ~e individual. ("Contract Administrator.") indicated on Exhibit A, Paragraph 13, a. .aid party'. contract admini.trator who i. authorized by .ai4 party to repre.ent them in the routine admini.tration of this Agreament. .. . 1/-1.5 , . Article 23 - Liauidated Damaces ~he provisions of this section apply if a Liquidated Damag.. .ate ~s provided in Exhibit A, .aragraph 1.. . It i. acknowledged by both partie. that time i. of the essence in the completion of this Agreement. It is difficult to ..timate th~ amount of damages ~esulting from delay in performance. ~he parties have u.ed thei~ 'udgement to arrive at a~easonable amount to compen.ate for delay. Failure to complete the Defined Service. within the allotted time. period .pecified in this Agreement shall soesult in the following penalty: For each consecutive calendar day in exce.. of the time specified for the completion of the Z'e.pecUv. work assignment or Deliverable, the COnsultant shall pay to the City, or have withheld from monies due, the sum of Liquidat.d Damag.. Rate provided in Exhibit A, Paragraph,. ("Liquidated Damages Rate"). . ~ime extension. for delays beyond the Consultant's control, other than delays caused by the City, shall be requ..ted in writing to the City's Contract Administrator, or de.ignee, prior to the .xpiration of the specified time. Extensions of time, when granted, will be based upon the effect of delay. to the work and will not be granted for delay. to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Article 24 _ Finaneial Ynterest. of con.ultant A. Consultant i. Designated a. an FPPC Filer If the Consultant is designated on Exhibit A, .aragraph 15, as an "FPPC Filer", Consultant is deemed to be a "Consultant" for the purposes of the political Reform Act conflict of inter.st and disclosure provision., and .hall Z'eport .conomic int~~.st. to the City Clerk on the required statement of Economic Interests in .uch reporting categories as are specified in paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to .articipate . . Regardles. of whether COnsultant is designated as ån npc Filer, Con.ultant .hall not ..ke, or participate in ..king or in any way attempt to u.e con.ultant'. posiUon to inUuence a· gov.rnmental d.cision 1n which Con.ultant know. or baa Z'ea.on to know Consultant baa a financial intere.t other than the compen.ation promi..d by this Agr....nt. . . "'W- II-lIP .__._------~ ._____.m~_________~____·_ , , c. Search to Determine Economic Intere.t. aegardless of whether Consultant is designated as an FPPC Filer, Consultant warrant. and represents that Consultant has diligently conducted a .earch and inventory of Consultant's economic interest., a. the term i. useð in the regulaUons promulgate~ by the Fair Political Practic.. Commission, anð bas determined that Consultant does not, to the best of Consultant'. knowleð;e, have an economic inter.st which would conflict with Consultant'.dutie. unðer thi. Agr.ement. . Ð. promi.e Hot to Acquire Conf~icting tnterest. aegarðl... of whether Con.ultant i. delivnateeS a. an FPPC Filer, Consultant further warrant. aneS repre.ent. that Consultant will not acquire, obtain, or assUllle an economic interest durin; the term . of this A;reement which woulð consU tute a conflict of interest as prohibit.eS by the Fair Political Practices Act. E. Ðuty' to Aðvise of Conflictin; tnterests aegardles. of whether Consultant is d.li;nated as an FPPC Filer, Consultant further warrants· anð represents that Consultant will immeðiately aðvise the City Attorney of City if Consultant learns of an economic intere.t of Consultant'. which may re.ult in a conflict of interest for the purpose of the Fair· poliUcal Practices Act, and regulation. promul;ated thereunder. F. Specific Warranties Against Economic Int.r.st. Con.ultant warrant. and repre.ent. that neither Con.ultant, nor Consultant'. immeðiate family member., nor Con.ultant'. employees or agents ("Consultant Associate.") pr..ently have any interest, directly or indirectly, whatsoever in any property which may be the .ubject matter of the DeUneð S.rvice., or in any property within 2 raðial mile. from the .xterior bouneSarie. of any property which may be the .ubject matter of the Defineð Service., ("prohibited Interest"), other than :as li.teð in"'Exhibit A, Paragraph 15. Con.ultant further warrant. aneS repr..ent_ that DO promi.e of future employJllent, remuneration, con.id.ration, gratuity Or other . r.wareS or vain ha. be.n aaðe to Con.ultant or Con.ultant'. ...ociate. in conn.cUon with Con.ultant'. performance of this Agreement. Con.ultant promi... to aeSvis. City of any such promise that ..y be ..eSe during the "erm of this Agr.ement, or for 12 aonths ther.aft.r. Con.ultant agr... that con.ultant ...ociat.. shall Dot acquir. any .uch Prohibiteð lnt.r..t within the ".n of thi. Agr....nt, or for 12 aonth. after the .xpiraUon of thi. Agr...ent, exc.pt with the writt.n peni..ion of the city. ~ 11-/7 -------_._.__._~---_.- . . consultant may not-conduct or solicit any business for any party to this Agreement, or for any third party which aay be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of the City. Article 25 - Holð Harmless Consultant shall ðefend, indemnify, protect and boleS ban!e.. tbe City of Cbula vista, its elected and appointed officers and employees, from and against all claiu for ðamages, 11ability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Consultant, or any agent or _ployee, subcontractors, Or otbers in cOMecUon wi tb tbe execuUon of the work covered by tbis Agreement, except only for tbose claims arising from the sole negligence or.o1e willful misconeSuct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expens.., attorney's fees and liability incurred by the City, its officers, agents, or _ployees in defending against such claims, whether the same proceed to judgement or not. Further, Consultant at its own expense shall, upon written request by the City,.ðefend any such suit or action brought against the City, its officers, agents, or employees. Consultant's indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. Article 26 - Errors anð Omissions In the event that the City Administrator ðetermines that the Consultant's negligence, errors, or omi..ions in the performance of work under tbis Agreement bas resulted in expense to City greater than would bave resulted if there were no such neg1ig,nce, errors, omissions, Consultant shall reimburse City for any addi Uona1 expenses incurred by tbe City. Notbing berein is intendelS to 11mi t tbe City's rigbts under otber provisions of tbis agreement. . . , Article 21 - InðeÐenðent contraetor CU~y is interestelS only in the results obtained aneS Consultant sball perform as an independent contractor wi tb sole control of tbe manner anlS .eans of performing the services requireeS uneSer this Agreement. City aaintains the dgbt only to reject Or acce,t Consultant's work products. Consultant aneS any of the Consultant s agents. employees or representatives are, for all purposes uneSer tbis Agreement. an indepenlSent contractor anlS sball not be ðe..elS to be an employee of City, anlS none of tbem sball be enUUeeS to any benefits to wbicb City _ployees are enU UeeS inclulSing but not limiteð to, overtime, retirement benefits, worker's compensation benefits, injury leave or otber leave benefit.. ~herefore, City . -w... /I-/f -----.----.-.---.---.> ~-..-.- ----- . will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with re~ard thereto. Article 28 _ ~dmi~i.trativ@ ~laim. W@ouirem@nt. .n~ proe_ður.. No suit Dr arbitration .hall be brought arising out of this . A~reement, a~ainst the City unless a claim bas first been presented in writin~ and filed with the City and acted upon by the City in accordance with the procedures .et forth in Chapter 1.3. of the Chub vista Municipal Code, as .ame lIay from time to time be amended, the provisions of which are incorporatea by this reference as if fully set forth herein, and such policies ana proceaures used by the City in the implementation of same. , Upon request by City, Consultant .halllleet and confer in good faith with City for the purpose of reso1vin~ any dispute over the terms of this Agreement. Article 29 - ~ttornev'. Fees Should a dispute arising out of this A~reement result in litigation, it is agreed that the prevailin~ party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney'. fees. Article 30 - Miseellaneous A. Consultant not Authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. . , B. Consultant is .ea1 Estate Broker and/or Salesman If the box on Exhibit A, .aragraph 16 i. ..rkea, the Consultant and/or their principals is/are licensed with tbe state . of California or some other .tate as a licensed real .state broker Dr .a1esperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licens.d real .state brokers or .alespersons. . C. !fotices All noUces, demanas or requ.sts provided for or pemitted to be given' pursuant to· this Agreement .ust be ili writing. All . notices, demanas ana requests to be sent to any party shall be ~ 1/- /9 -- ^ _._--------,-- . . ~eemed to have been properly given or aerved if personally .erved or ~eposited in the United states lIail', addreueð to such party, postage prepaid, registered or certifieð, with return receipt requested, at the addresses identified herein as the places of business for each of the ~esignated parties. D. Entire Agreement ~ia Agreement, together with any other written ðocwnent referreð to or contemplated herein, emboðy the entire Agree.ent and understanding between the parties relating ~o the aub~ect aatter hereof. Neither this Agreement nor any provision hereof aay be amenðeð, ~ified, waived or discharged except by an instrument in writing executeð by the party against which enforcement of such amendment, waiver or discharge is aought. E. capacity of Parties Each signatory and party hereto hereby warrants anð represents to the other party that it has legal authori~y and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue Thia Agreement ahall be voverned by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in the County of San Diego, State of California, and if applicable, the City of Chula Vista, or a. close thereto as possible. Venue for this Agreement, and performance hereunðer, ahall be the City of Chula Vista. G. Consul tant aub~ect to OTS Grant Program Manual (Vol. II). . Consultant understands and agre.. that its obliga~~ons, rights anð duties under this agreement. are further aub~ect to any requirements that may be imposed upon the pro~ect or the City, or both, by the OTS Grant Program Manual (Volume XI). tEnd of Page. Next Page is Signature Page.] - ""- 11-.20 . Signature Page to . Agreement between City of Chula Vista and Calgis, %nc. for a GIS aased Traffic Accident aecord System XNWITNESS WHEREOF, City and Consultant bave executed this Agreement thereby indicating that they bave read and understood aame, and indicate their full and complete consent to its terms: Ðated:A62"I";-ER '7,19.1?'" City of Chula Vista By: _}lm/~ Sh r y Horton, Mayor . . . ~J Attorney Ðated: Calgis, %nc. BY.:~~~ erald Ði d ne, President By: . Exhibit ~ist to Agreement (x) Exhibit A (x) Exhibit B: Ðetailed Scope of Work (x) Exhibit C: Cost/Price proposal '" \ICK\tCINEtR\ TWF1C\AIISGCDN'T. 8'1 ~ I/-~I ---..- -..., ...._."-_..._,--~ · . Exhibit A to Agreement between City of Chula Vi.ta and Calgi., %nc. 1. Effective Date of Agreement: 2. City-Relateð Entity: (x) City of Chula Vista, a .unicipal Charteð corporation of the stat. of California ("City") 3. 1'lace of Budn... for City: . City of Chula Vista, 276 Fourth Avenue, Chula vista, CA 91910 4. Consultant: Calgis, Inc. . 5. Business Form of Consultant: (x) Corporation 6. Place of Business, ~elephone anð Fax Number of Consultant: 1477 E. Shaw Ave., Suite 110 Fresno, California 93710 Phone: (209) 298-1816 Fax: (209) 298-1815 7. General Duties: Consultant ahall furnish all aervices as requireð to proviðe ·a fully functional GIS baseð anð IBM PC/Windows compatible Traffic Accident Record/Road Register computer..ystem. Servides provided ahall, in general, consist of the following: £Ys~em DefinitiDn consultant ahall collect anð analy.e information necessary to define the functional requirements of the proposed .yatem. . consul tent ahall develop a detaileð description of the proposed syste. (software and procedures) which is adequate for the .ystem design and ahall produce a Iystem Definition DocUIDent and a Þetailed Project Ichedule which .eet with the City'. .pproval. Said proposed .yste. ahall include user friendly features and ti.e aaving feature a which fully utili.e the capabilities of ArcView/2. Examples of these types of features are .sfollows: . ""'- II- JlA -- -- -. -~-~--_._-_.__.__. . ~he ability to graphically di.play a location (at a preset .cale) and or to automatically &oom/pan to that area of the map by typin~ in the name of the location (intersection, .egment, .treet etc.) instead of repeatedly pannin~ and &oomin~ on a map of the City. ~he ability to &oom in/out on an area and to pan acroa. an area displayed graphically. ~he ability to ~ump to a part of a Uat· (for example, a atreet name list) by typing in the firat lettera or number of the name instead of scrolling through the entire list. Consultant shall provide the City with apecificationa and costs for computer hardware and peripherals (including printers, plotter. and other nece..ary output devices) required for the operation of the propo.ed aystem. Examples of graphic and text output for printer. and plotters consiaered aaequate by the Consultant for the aystem proposed shall be .ubmittea as part of the hardware apecifications provided. Approximately ten percent of the Consultant' s efforts shall be expended on these tasks. ($3,000) . f;yst@m De!;ian Consultant shall design the data base, develop detailed program schematics for the proposed system, develop user interfaces and produce the f~nal detailed design for all aoftware programs for coding. Consultant shall apend approximately fifteen percent of their time on this task. ($6,000) SVBt@m De~@lo~ment Consultant shall write the source code for all required programs for the proposed system. Consultant shall teat and debug the software to inaure that all ob~ectivea estabU,bed for the ayatem are met. Consultant ahall deliver the completed'aoftware aystem to the City, including ArcView/2 and all other aoftware and any neceasary licenses required for interface with the Ci,ty's exiating GIS aystem and for the propoaed accident record ayatem to function aa intended. Coats for all necesaary licenaea for the operation of the system ahall be included in the total compenaation for this pro~ect and no additional compensation ahall be due from the City for theae items. Consultant shall apend approximately forty percent of their .ffort on thia portion of the work. (''',000) Rv.~em RUÐÐort Ð_velðement Conaultant shall produce and provide comprehenaive documentation for the accident record ayatem software provided. . "" 11-1lJ m . . . Consultant .hall also provide all 'documentation (aanuals, warranties, etc.) for all'other .oftware provided for thia project. Consultant shall perform extended certif:Lcat:Lon ~esting of all functions w:Lth:Ln the appl:Lcat:Lon .oftware, document:Lng test results and .-king any necessary modificat:Lons to the .ource code requ:Lred for the .ystem to function aa intended. APprox:Laately f:Lfteen percent of the Consultant'. effort. .hall be expended on these tasks. ('6,000) Rv.t.m Evaluation .n~ ~.n.latiðft ef .xi.tina Data COnsultant .hall convert the moat current copy of the City'. existing Collision History and Road Regiater computer ðatabue files over to function w:Lth:Ln the City'. GIS attribute database. Consultant .hall resolve ell problems encountered during the data translation to the City'. .atisfaction. ',' Consultant shall perform on-s:Lte test:Lng of the appl:Lcat:Lon .oftware and database files to insure that the afstem functions as intended. Consultant ahall evaluate the .ystem . performance and software and shall prov:Lde .a:Ld evaluat:Lon to the City as part of the project f:Lnal report. Approximately ten percent of the Consultant'. efforta .hall be expended on these tasks. ($3,000) System Installation Consultant shall complete all aspects of the .ystem installation and shall insure that the entire aystem functions as intended. Consultant shall provide on-aite training for City .taff in all phases of the operation of the system. Conaultant .hall prepare a project final report. Said final report .hall .atisfy all requirements for format and content as contained in the latest varsion of the OTS Grant Program Manual. . ,..~ In add:Ltion to the installed .ystem, Consultant shall ðeliver one backup copy of the complete .oftware .ystem (exclud:Lng ArcView/2) and .ystem ðocumentation to the City. Consultant .hall alao provide one copy of the complete software sy.tem (excluding . ArcView/2) and .ystem dOCWDentation for fonarcSing to CTS with the approved I'inal Report. '1'he remaining 'approximatelY ten percent of the Consultant'. efforts .hall be expended on these taska. ($3,000) 8. Scope of Work and Schedule: A. Detailed Scope of Work: As defined in Exhibit .. 1.... II-.J.I/ B. Date ~or Commencement of Consultant Services: (x) Same as Effective Date.of Agreement ( ) Other: C. General Scheðu1e Time Limit. (from i.suance by ~he City of a Notice to Proceed for this project) for Delivery of Each of the Following Deliverable.: Deliverahle 'J'imt! Limit: . ,. Syatem Definition Ðocument, , IDOnth Detailed Project Schedule anð Harðware Specifications 2. Complete Acciðent aecord System S IDOnths Software Package, including ArcView/2 Software 3. Complete Software Documentation 6 months ... Interim aeports Quarterly (or on demand by the City or the OTS) 5. Final Report ., months The Detaileð Project Scheðu1e proviðeð as part of Deliverable Number 1 .ha11 be in general accordance with the General Scheðu1e Time Linea proviðeð herein. D. Date for completion of all Consultant .ervices: ..Yun@ 30. '996 9. Insurance Requirements: (x) Statutory Worker'. Compensation Insurance (x) Employer'. Liability Insurance coverage: '1,000,000. (x) Commercial General Liability Insurance: '~,POO,OOO. ( ) Errors anð Omissions Insurance: None aequired (included in COmmercial General Liability coverage). (x) Error. and Omissions Insurance: '500,000 (not inc1udeð in Commercial General Liability coverage). . . '0. Material. aequired to be aupplied by City to Consultant: The City will furnish the Consultant, upon request and to the extent that it i. available, information on the City'. exi.ting Accident .ecord/Road aegister System and database, and the data . dictionary of the GIS .treet ba.e ..p. ... ~ . .- II-d.~ -_."- ....__._-_..~_..- . . '1. Compensation: , A. ex) Single Fixeð Fee Arrangement. City .gree. to compensate Con.ul"t.nt .. per Exhibit C for performance of all ðefineð .ervice. by COn.ult.nt. For perform.nce of .11 of the Defineð Service. by COnsultant .. herein requireð, City .b.ll p.y . .ingle fixeð fee in the amount. anð at the time. or mil..ton.. or fór the Deliverable. .et forth below: Single Fixeð r.. AmoUnt: S38.64S , p.yabl. .. follow.: Mile.tone or Event Amount of 10. Amount 1... or D@livt!rable Fixeð "e@ Retention . R@t:ention Completion of: 1 . Proviðe City with proof S 3,645 S 365 S 3,280 of p.yment for Error. anð Oai..ion. In.ur.nce 2. Sy.tem Definition, 3,000 300 2,700 incluðing the following approveð ðeliver.bles: Syatem Definition Document Detaileð Project Scheðule Hardware Specific.tions 3. Sy.tem Deaign 6,000 600 5,400 4. Sy.tem Development, 14,000 1,400 12,600 . incluðing the following ðeliverablea: .' Complete Acciðent Recorð Sy.tem Software Package, incluðing ArcView/2anð any other n.c....ry software - 5. Sy.tem Support Dev.lopment, 6,000 600 1,400 incluðing the following ðeU verabl..: Complete Software Documentation I. Sy.t.m Evalu.tion anð 3,000 300 2,700 'translation of Exi.Ung D.t. - ~ II-~" _.._--,...._-_._-_..._.._...__..._,.__._.~-_.._- . Milestone or Event Amount of 10' . Amount 1.s. or Del~[Yerable fixeð Fee lI.t:ention Ret:ention Completion of: ,. System Installation, 3,000 300 . 2,700 Training of City Staff anð .reparation of Final Report B. ( ) Phaseð Fixeð Fee Arrangement C. ( ) Hourly Rate Arrangement For perforlllance of t:he Defineð Services by Consult:ant as herein requireð, CUy shall pay Consultant for t:he proðucUve hours of time spent by Consultant in the perfOrlllance of saið services, at t:he rates or amounts set forth in t:he Rate Scheðule hereinbelow accorðing t:o t:he following t:erms anð conðitions: 1. ( ) Not-t:o-Exceeð Limitation of ~ime anð Materials Arrangement . Notwithstanðing the expenðiture by Consultant of t:ime anð materials in excess of saið Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defineð Services herein requireð of Consultant for S incluðing all Materials, anð other "reimbursables" ("Maximum Compensation"). 2. ( ) Limitation without Further Authorization on ~ime and Materials Arrangement . At such time as Consultant shall have incurreð time and materials equal to be ("Authorization Limit"), Consultant shall not enti tieð to any aðði tional compensation without further authorization issued in writing anð approveð by. the City. Nothing herein shall precluðe Consultant from providing adðitional Services at Consultant's own cost and expense. . . . .""'- I /-,;J. '1 --...-+-.- . RATE SCHEDULE Category of Employee Hourly of Con!lult:ant: . Ham~ RAt:e Project Manager G. Dildine teo '1'eam Leader C. Bohan S6S Sr.· GIS Specialist R. Munjy 180 . programmer/Analyst It. Myer 160 Clerical S3S () Hourly rates may increase by" for .ervices rendered after (month), 1i ,if delay in providing .ervices i. caused by City. 12. Materials Reimbursement Arrangement For ~he cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. 13. Contract Administrators: City: Frank Rivera, Associate ~aff1c Engineer, Public Services Building, 276 Fourth Ave., Chula Vista, CA ii910" (619) 691-5237 Consultant: Gerald Dildine, President, Calgis, Inc., 1477 E. Shaw Ave., Suite 110, Fresno, CA 93710, (20i) 298-1816 14. Liquidated Damage. Rate: ..1 .. . ( ) . per day. (x) Other: In ~he event Consultant fei1. to deliver the GIS Based ~aff1c Accident Record System and all deUverable. . .pecified in this Agreement by June 30, 19i6, and ors exerci.es any rights pursuant to 'ections 3.8 and 1.3.1 of the OTS Grant 'rogram Manual (vo1WDe II), whereby City is obligated to reimburse ors for funds advanced by ors to City, City may require Consultant to reimburse City for that amount, unless City elect. to conUnue. . . ..... // - ~g ----~._~_._--_. . . 15. statement of Economic Intereata, Conaultant ..portin¡ Categoriea, per Conflict of Intereat Coðe: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. . Inve.tment. ànð sourc.. of income. ( ) Cate¡ory No.2. Intere.t. in real property. ( ) Category No.3. Inve.tment., intere.t in real property and aource. of . income aubject to tho.e regulatory, permit or licen.ing authority of the department. . ( ) Category No.4. Inve.tment. in bu.ine.. entities and .ource. of income which engage in lanð development, con.truction or the acquisition or .ale of real property. ( ) Category No.5. Inve.tment. in bu.ine.. entities and .ource. of income of the type which, within the pa.t two years, have contracted )lith the City of Chula Vista (Redevelopment Agency) to provilSe .ervice., aupplies, materials, machinery or equipment. ( ) Category No.6. Investment. in busine.s entitie. and aource. of income of the type which, within the paat two years, have contractelS with the designatelS employee's ISepartment to prov1lSe services, supplie., materials, machinery or equipment. ( ) Category No.7. Busines. positions. ( ) I.iat "Conaultant Aa.ociatea" intereat. in real property within 2 radial miles of Project Property, if any: . 16. ( ) Consultant is .aal ..tate Broker anlS/or Sale.man 17. PermittelS lubconaultant.: Non@ - ~ ll-~f _ _ ____~_~.u ..,._~_._.____.__ ~ 18. Bill Processing: A. Consultant'. Billing to be .ubmitted for the following period of time: ( ) Monthly ( ) Quarterly ." . . (x) other: upon completion of each aUe.tone or event or deliverable a. specified in Exhibit A, paragraph 11 (A). B. . Day of the period for submis.ion of Consultant'. Billing: . ( ) First of the Month ( ) 15th Day of each Month (x) End of the Month ( ) Other: C. City'. Account Number: 219-2192-TF231 19. Security for performance ( ) Performance Bond, $ ( ) Letter of Credit, $ (") other Security: Type: Amount: $ (x) Retention. If this .pace is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City .hall be entitled to retain, at their option, either t,:he following "Retention percentage: or "Retention Amount" until the City determines that the Retention Release EVent, listed Below, has occurred: .-' . : (x) Retention percentage: 10 , ( ) Retention Amount: . aetention aelease Event: (x) Completion of All Consultant 'ervie.., incluaing acceptance by the City ana the OTS of the .atisfactory Final aeport (all required copies). ( ) other: . ..: \1IOME\DlGDŒER\'1'RAFJ'IC\MSCC-A.1M . ...... 11- 3D ___~ n__ ______.____._n..___.__ , . ' . Exhibit B to A9Z'e_ent between City of Chul. Vi.t. and Calgi., %nc. ÐETAYL£D SCOPE OF WORK COn.ult.nt ah.ll furni.h.ll .ervice. .. r.quir.d to provide . fullY functional GIS b...d Accid.nt a.cord/Road R.gi.t.r computer ay.t.m. Said ay.tem ahall have all the r.cord ..nag.m.nt and r.port/printout gen.r.ting cap.biliti.. of the City'a .xiating ay.t.m plus the additional b.n.fit. to be g.in.d from a GIS b...d aoftw.r. .y.t.m. ~. ay.t.m ahall con.i.t of comput.r aoftw.r. programs (including aource cod.), all n.c....ry d.tab... un.g.ment or r.port gener.ting .oftw.re, and cOIIIpl.t. and prof..81on.l documentation on the in.tall.tion .nd u.e of the ay.tem. ~he GIS based Accident Record System .hall b. dev.lop.d on ESRI'a Arcvi.w2 . aoftware operating on .n IBM compatible PC .nd HS Window.. Acc.s. to the GIS databas.. .hall be from the City'. Novell n.twork. No direct linkage to the City'. ARC/Infowork.tation. are .nticipat.d. However, a proce.. that include. .upportive or ap.ci.l d.tabase. that .re processed and gener.ted by the ARC/Info work.t.tions i. .cceptable. Except for currently at.ndard GIS d~tabas.., all direct or non-direct links to new or .peci.l GIS databases .h.ll be identified for city approval during the Ded;n t.sk of this project. All .oftwar. necessary for the propo.ed ay.t.m to interface with the City'. GIS .y.tem and to op.r.t. as int.nded ahall be provided by the Con.ult.nt. Consultant shall utilize the g.ogr.phic datab.... of the City'a .xi.ting GIS .ystem in the d.velopment and implement.tion of the new GIS ba.ed accident record ay.tam. Consultant .hall inatall all equipm.nt and aoftw.re àCq\lir.d by the City a. part of this proj.ct. Consult.nt ah.ll in.br. that all hardware and .oftw.re ah.ll int.rf.c. (and op.r.t. succ...fully) with the City'. .xiating GIS ay.t.m hardwar., pro;rama and databa.. and will function a. int.nded. ~h. exi.ting GIS ay.t.m 18 . n.twork.d on the citywid. Novell (verdon 3.1) a.rver with '0 ba.e- ~ n.twork card. and conn.ctor.. City 'at.ff ace... the GIS database. on this a.rv.r u.ing JBM compatibl. .ea and Arcvi.w2 which 18 a windowa ba..d product. Loc.l n.twork.d printer. (g.n.r.lly HP x....rj.t.) ar. u..d for r.pOrt printing: or the print.r ..y be non-n.tworked. .roblema with ay.tem hardw.re or aoftw.re sh.ll be re.olv.d by tb. Con.ultant ~ ü. City'a .atiaf.ction before final ayatem acceptanc.. Consultant sh.ll furnish an int.~illl report qu.rterly a. to the progr.s. of the project or upon d.mand by th.. City or the orS. ....... 11-3/ -- - . . These interim reports shall ..tisfy .11 requirement. for format .nð content as containeð in the lateat vera ion of the 0'1'5 Grant Program Manual. Conaultant ahall proviðe the.e report. to the City with aufficient leað time for the City to review anð forward these reports to OTS in order to meet OTS daadlines apecifieð in the lateat version of the OTS Grant .rogram Manual. COnsultant ahall provide three copies of . comprehensive user'. aanual on the new aystem, in .adi tion to three copies of the aoftware. COnaultant shall provide one full week of training for city staff in .11 .specta of the operation of the Accid.nt ..cord/Roað a.gi.ter sy.t.m provided.. COn.ultant ahall commit to providing aððitional training for City staff a. n..ðed Cat the City's r.que.t) . Con.ultant .hall provide software upgr.ðes .na on-going technic.l support, both on-.ite anð telephone aupport .. n..ðeð, throughout the warranty period for the software at no .ðditional co.t to the City. The warranty perioð .hall not b.gin until the .yst.m installation .nð .11 .ystem .oftware have been .cc~pteð by the City. The aoað aegiater porUon of the system shall be designeð to accommoðate other ayatema .uch .s .avement Manag.ment anð infra.tructure inventori.s as well a. the Accid.nt a.corð Sy.tem. Con.ultant ahall convert the mo.t current copy of the City'. exisUng Collision Hi.tory .nð Roað R.giat.r computer database file. over to function within the city'a GIS .ttribute databa.e. Con.ultant ahall incorporate .ððitional data fil.. from the exi.ting Accident Record/Roað Register ay.tem into the n.w ay.tem C.a neeðeð) to maintain the quality of the data currently provided . by the exi.ting programs .nd report..· All problem. encountereð during the data translation ahall be r..olv.ð by the COn.ultant to the City I a aaU.facUon. ': . , The sy.tem shall allow data to be .cc....d, updated anð aanipulated, .. well .. r.porta .nð printout. to be ven.rateð, dir.ctly from the d.t.baae a. w.ll .a through the GIS ayatem. . %nformation re.iðent in the GIS databa.. Cauch .. .tr..t D&III.. anð s.gm.nt lengths) shall be provideð by the ay.tem program. rather than input. Where po.sible,· n.c....ry fielð. of information Cauch a. cWDulative IUat.nce.) .hall be calcul.tea by the program. inst.ad of being input by the u..r. "the n.w ay.tem ahall be d.signeð to aCCOlllllloðate future t rowthin the City up to .t le..t. doubling the number of accident. anð , "- //-3" - . .ccident location. that ..ke up the current .ccident r.cord/road regi.ter database. . All programs provideð .hall be able to handle the change in dates in the year 2000 .0 that no problems will occur in the inputting of dat~ or in the veneration of report. and printout. for data which apans the turn of the century. . h'O;ram. provided ahall be able to handle both atandard (pperial) and .etric unita of ....ur..ent .t the us.ra di.cr.tion. ~ograms that output r.port. anð printout. to the print.r ahall have the option of .ending the information to . fil. in the computer in printer ready ASCII format and in WordPerf.ct format (WP ver.ion 6.0 or lat..t v.r.ion). ~e format of .11 report. and printout. .hall be approved by the City prior to final acceptance of the ay.tem. aequired feature. of accident record .ystem programs (e.pecially those using exi.ting look-up table.) .ay b. . dea1gn.d by the COnsultant to function in .ome other way as long a. the required features are provideð and the exi.ting quality of input and output data i. maintained. ~he .ystem .upplied by the Consultant .hall provide as a minimum the following program., report. and .y.tem capabilitie.: ~olli.ion Mi.~orv Databa.@ Maintenanee Prooram ~his program .hall add, lIIodify, and delete accident report. to/from the collision history databa.e file (which will be tied to the GIS sy.tem) . Inputting errors shall be flagged to allow error correction at the input atage rather than after update of the data file has been completeð. 'rovi.ion ahall be ..de for the r.moval of data from the active file and for the archiv1ng of this historical data for later use. Information input ahall'be from the atandard California Highway Patrol (CHP) Traffic Collision aeport ~orm'5SS with aðditional field. of information added (i... location coðe., etc.). .oa~ .eoi.t.r nataha.. Maiftt.nBne. Prððram ~his program ahall .dd, lIIodify, anð del.te interaection and a.gaient record. to/from the road r.gi.ter databa.e fil. (which will be tied to the GIS .y.tem). Information r..ident in the GIS databa.e (.uch .. atreet nam.a and a.gment l.ngth.) ahall be provided by the program rather than input. . , 11-33 . . 'J'he following three monthly reports (for high accilSent intersecUon and aegment locationa and for the Colliaion statiatica Summary) ahallbe generated by one program or batch file for the aonth/year anð area apecifielS by the user. Monthly Summary ReÐort of Hiah Accident Location. - Yftt@r.@c~ion. . 'J'hh program ahall produce a report on high accident location. (with a user apecifielS minimum number of accidents during the reporting period) for a u.er .pecified area up to and incluðing City-wide. Statiatica for each location ahall include number of total coll1a1on. (current and previous IIOnth), nWllber of collision. (current month) by category (fatal/injury/PDO), interaection ranking, location code, approach yolume for each entering leg of the interaection and a notation if the interaection 1a aignalized. Monthlv Summary ReDort of Rioh Accident Location. - Recment. 'J'his program ahall generate a report on high accident aeglllent locations which provides ·the aame information a. noteð above for the high accilSent intersection location. report. Monthly Summary ReDort of Colli.ion Itati.ticB '.I'hia program ahall generate a report which provide. atatiatic. (for a user arecified area up to and including City-wide) on colli.ion. occurring during the reporting perioð for colli.ion type, primary cau.ative violation group, number of colli.ion. (by extent· of injury), anlS number of victims (by extent of injury). statisUcs for each of these categodea ahall be provided for number of collisions (current month anð aame month last year) and percent change, number of collision. (12 month. to date and previoua 12 months) and percent change, anð percent of this month'. total collisions. .1 Route street Colli. ion Summary ReÐort POI' each of two user apecified time period., thia program ahall generate a report which provide. atati.tic. on number of collision. . (by collision type and total collision.) for each interaection and aegment along a route .treet (atarting and ending at uaer apecified interuction.). 'J'hia information ahall be organized geographically . by .urvey direcUon. Aððitional information ahall be provideð on aegment and route length., total inter..ction and .egment colliaion. along the route for each ti.. period, traffic yolum.. (u.er .pecified) and colli.ion rat.. for each time period, and perc.nt change in collision rat.. betw.en the two time perioð.. . . .. "'- II- 3'; .._"___m___ -- --------.....------"---...- . . ~e Co~i.iDn Detail ReÐort The program ahall output information on each individual accident occurring at any user apecified location (intersection or .egment). for any user .pecified time period. Accident report data .hall be aorteð by colliaion date anð time anð ahall contain the information input from the CHP Traffic Colliaion aeport Form 555. !'he pr09ram .hall prompt for addiUonal locaUona ao that mulUple reporta liaY . be run without exiting and restarting the .oftware. 'J'raffie ~o11.i.ion Det.ail Re!)ort lOn_Sereen Ver.ioft , !'hia program ahall be an on-acreen verdon of the Traffic ColUdon Detail aeport described above" Multiple acreens of data ahall be diaplayed aequenUally (when prompted by the user) when the amount of data in the report requires more than one acreen. 'J'he program ahall prompt for aððitional locations ao that multiple reports may be displayed without exiting and restarting the aoftware. ~raffie Collision D@tail ReÐort (Summarv) Thia program shall output a swnmuy of the Traffic Collidon Detail aeport described above proviðing staUstical data on colUsion type, motor vehicle involved with, lighting conditions, and injury/property ðamage information. Thia report ahall be generated by the aame program or batch file that producea the harðcopy Traffic Colliaion Detail aeport. Colli.ion Cateoorv Loeation ReÐort For any user specifieð time period anð area (up to anð incluðing ci ty-wide) , this program ahall aearch the database for accidents matching any user apecified .et of aearch parameter.. For every accident record founð which matches the criteria beipg testeð, a copy of the record is to be .ent to a file on a floppy disk drive. A (printer ready) report ahall be aent to the floppy di.k which liata each location where an accident occurreð Which aatchesthe aearch criteria, and (for each locaUon) the total Dumber of colliaiona during the reporUng period and the Dumber of collidon. matching the aearch criteria. Mðitional information .hall be proviðed on the total number of record. in the time period being aearched, and the total number of accident. (and the percentage) found matching the .earch criteria. !'he pr09ralll ahall alao provide the option of printing or plotting a map of the location. found in addition to or inatead of printing the de.cribed report. "'he pr09ram .hall allow previewing of aaid ..p ~rior to printing or plotting and .hall allow porUon. of the ..p to be printeð or plotted aa well a. plotting the entire ..p. " "- 11-;35 -----.....--.--- . . . R@nort ðn Mi..ino/Dunlieat@ &e~iðent R@eorðs This program ahall aearch the accident record data and output a report l.isting the l.owe.t accident report number in the fUe, lIIissing report numbers, duplicate report numbers (including the locaUon codes where each duplicate report occurs), and report numbeu UnclucUn; the 10caUon codes' where the report OCCUU . ane! the year of the report) where the year of the report does not match the report number aeries usee! for that year~ ~olli.ion Hi.~orv Pile Print Proeram . lTom user apecified line numbers in the file, this program ahall print out the contents of any record or aeries of recor4s fl"Olll the Traffic Accident Collision History file. Vehiele Cod@ Violation GrOUÐ. Prooram This program shall update ane! print out the existing computer file containing the 1.1st of vehicle code violaUons (ane! their a..ociateeS group numbers) which are recognizeeS by the program useeS to input accident recoreSs into the aystem. Roað Reaist@r Dist_nee Ch@ek prooram This program shall check the roaeS register computer file for faulty recoreS (location .coeSe) sequence. aneS errors in cumulative 41stance.. A report shall be genera teeS which lists RoaeS Register recoreS number, location coeSe, street names, incorrect cumulative distance listeeS aneS correct cumulative distance (where the error occurs in the cumulative distances along the route)¡.aneS range of recor4 numbers, location coeSe an4 street name (where the error is a faulty record sequence). ." .. Road Reai.ter Interaeetion Print Proaram This progr&JII shall venerate a printout of the roa4 register's inter.ection records containing the information input into this record type. The recor4s in this report ahall be aorteeS . alphabetically by route atreet an4 then geographically (within the route street) by aurvey direction. The progr&JII must be able to atart the printout at any user apec1fie4 point in the file a. well as atarting the printout at the beginning of the file. . '" 11- 3h ~ - . .. . Road Reaister Reamen~ Prin~ Proaram . This program ahall venerate a printout of t.he roað iegister I a aec¡ment recorðs containing the information input into this record type. The records in this report shall be sorted alphabetically b)' route atreet and then veographically (within the route atreet) by aurvey direction. The program IIU.t be able to atart the printout at any u.er apecifieð point in the file aa well a. atarting the' printout at t.he beginning of the file. " . Renort on Loeation eo~e. naeð to Ð8~e This program ahall check the road regi.ter computer fUe veneraUng a printout (li.ted numerically) of all the location cocSe. u.ed to date, leaving apace. in the liating (for unu.ed location coðe.) where cocSe. are available for as.ignment to new inter.ections. %nver.. Ynter.eetion Print Pro~ram Thi. program ahall venerate a printout which li.t. .ach location code used in the accident record .ystem database (.orted numerically) and the .treet names of .ach atreet at that inter.ection (up to four atreet names). The progrUl IIU.t be able to .tart the printout at any user specified point in the file as well as .tarting the printout at the beginning of t.he file. ~ S1anali~eð Ynterseetion Li.tina This program ahall update and print out a UsUng (aorted alphabetically) of the .ignalhed inter.ecUons (and their location cocSe.) in the city. ,treet Mile.a. Li.tina ." ." This program shall print out a street lisUng (alphabetically) which li.ts the lIileage for .ach cla.sification along .ach atreet (and the total lIileage) for .ach atreet in t.he City. Additional information ahall be provided listing t.he total lIil.age ~or each atreet cla.siUcaUon city-wide and t.he total IIU.age for all - atreets c1 ty-wide. '1'he program ahall differenUate between public atr.eta, private atreets and atreets not yet accepted by t.he City. Colli_ion Ðiaðram. '1'be aystell provided ahall be capable of procSucing on-acreen and printing or plotting Ðr.s.ntation aualitv collision diagrams (for both interaections and a.c¡ments) for accidents occurrin;during a , .,.., ~--- //-31 .---."--.-.---.....,-.-------.----..- . . . user specifieð time p.rioð. 'the systelll ahall us. atanðarð aymbols (useð in completing the eKP Form 555 traffic accident report form) anð any aððiUonal apecia1 symbols specifieð by the City. .review anð eðiting of collision diagrams anð data prior to printing or p10tUng ahall be proviðeð. 'time, date, number in,ureð anð primary collision factor shall be provideð for each accident. Said data .ha1l be labeleð on the symbol of the vehicle responsible for the .' collision or shall be shown in an attacheð table vith the . responsible vehicles appropriately referenceð on the collision diagram. Accident rates for the data useiS to produce the eolliaion diagram shall be provided along vi th a· summary of incluðeð accidents (showing numbers and totals of accidents for each type of eolUsion and each extent of in,ury). "he time period for the accidents incluðeiS in the eollision diagram .hall be user apec1f1eð. ~omÐu~eriEe~ Pin MaÐS . 'the system proviðeð shall be eapable of producing on-screen anð printing or plotting an electronic pin map for a user specifieð area (up to anð inc1uðing City-viðe) vhich shows all acciðents occurring within a user specifieð time perioiS. 'the accidents shown shall, as a minimum, be ðifferentiateð by intersection accident, segment acciðent, anð aeverity of in'ury (property damage only, in'ury, anð fatality). S.~ent ADT and Inter.eetion Turnino Volumes 'the system shall proviðe attribute records for segment average daily traffic (ADT) volumes anð for intersection turning movament volumes. 'these recorðs shall be separate from the road register intersection anð segment recorðs. 'the segment ACT ~ecord shall incluðe the traffic volume for each direction, total (non- . directional) volume anð the date of the count. "he intersection turning movement volume recorð shall incluðe the date of the eount, the (vehicle) approach volume for each entering' eg of the intersection, anð traffic volumes for left turn, through, right turn, right turn on reð, anð peðestrian movements for each entering leg of the interaecUon. 'the system shall be capable of inputting, moðifying anð deleting these records, displaying graphically anð . prinUng or plotting selecteð data, and venerating reports on these record types. ,tria MSÐ ef Aeeident ~.ftt. 'the system shall be eapable of producing on-screen and printing or . plotting a strip map or plot showing accident events v~th other .electeð data (i.e., number of lanes, etc.). , ..... . 11- 3 t ---- -.-..._..__._~ - . - - . -- . . MaÐ ðr Plat ðf·Aeei~ent. vi~h ~.ffie Vo~ . ~he ayatem .hall be capable of producing on-acre en and printing or plotting a map or plot of accidenta with traffic volume data along a selected route. . Ði.Ðlav of að Hoe Aeeið@nt An.lvaia . ~he ayat_ .hall be capable of performing ad boc accident anal)'ah and diapla)'ing graphicall)'and printing or plotting the selected data. For example, map a .elected 1L"0ute with .peed aonea delineated and-accidenta aorted b)' time of day and/or with å1cOhol lL"elated accidenta broken out. ,{an R@eords ~he aystem ahall provide attribute lL"ecorda for traffic signa. ~he .yatem ahall be capable of inputting, modifying and deleting theae lL"ecorda, diaplaying graphically and printing or plotting mapa of aign locationa (by aign type), and generating - lL"epcSrta on sign locationa, .ign type., aign aize. and aign age. StriÐino Reeords ~he ayatem ahall provide attribute recorda for traffiC striping. ~he ayatem ahall be capable of inputting, modifying and deleting theae recorda, displaying graphically and printing or plotting mapa of atriping locations (by atriping type), and generating lL"eporta on striping location, color, type and age. .' . 11: \BCIŒ\INGIIŒD\'l'RAFFIC\AUGC-..1M . . "'" 1/-39 - . - . . . . . . . . Þhibit C UI Agreement between City of Chula Viata anð Calgia, %nc. . ~~T/pR!~ PROPO~~ pYRE~ LI.BOR Hourly Wmelevee ~at.ðOrY BAIU Hour. Rat. iJ'OTAL Pro~ect Manager G. Dildine 60 · 36.06 2,163 '1'e&lll Leaðer C. Bohan 280 · 15.26 ..,273 Sr. GIS Specialiat It. Munjy 60 · 36.06 2,164 programmer/Analyat It. Myer 200 · 12.12 2,424 Clerical 60 · 9.81 589 . 11.613 EMPLOYEE ~~N£FtTS 20 , . 2.322 COST ÐYR~~ ~O!;'rS DUANTITY PER UNtT TOTAL Equipment/Supplies (Itemize) - - - other Direct Costs (Itemize) Arcview/2 Software 1 2,000 2,000 . 2.000 ~HDY~E~ ~OSTS (Overheað) Approved OVerhead Itate 119.64 , .' " $ 19.065 ~1I~maN~ m~T 'Hot Ruh~.et. t.o OV.r....ð Rat.) - Errora and CIIIIiaai~ %naurance . :'.fi.! 'I'DTAL CDST . . !8.645 ~ , M: \1IOIŒ\J:RGna:ER\'1'RAITIC\AUCC-C.1M II-liD ,..--~-,._-",,,~.._,..- · COUNCIL AGENDA STATEMENT Item I~ Meeting Date 6/18/96 ITEM TITLE: A . Resolution I ~ ~l.( 4 approving issuance of a Temporary Encroachment Permit for directional signs and banners for the Tour d' Elegance in Rancho Del Rey 8. Resolution \"6 ~4 S approving issuance of a one year encroachment permit for identity and other banners to be placed on City light standards in Rancho Del Rey and instructing staff to return with a policy on placement of banners within City right-of-way prior to future extensions of the encroachment permit. . SUBMITTED BY: Director of Public Worksj;.~ D"",,~ ofPJonnin, ~ REVIEWED BY: City Manager JC,* ~ ~ (4/5ths Vote: Yes _ NoX) Application has been made for a temporary encroachment permit for ground-mounted directional signs and cloth identity banners mounted on City street light standards for the Tour d'Elegance being planned for the Rancho Del Rey area. McMillin Development has also requested permission to allow permanent installation of cloth banners in the Rancho Del Rey development area. In accordance with Section 12.28.020 of the Municipal Code, the City Engineer may be authorized by Council Resolution to issue these permits. The City Council does not have a specific policy on the placement of banners within City right-of- way. However, the sign and banner programs have been reviewed by both Planning and Engineering staffs and found to be in conformance with our Municipal Code, with the addition of certain conditions, which are further discussed in the body of this report. RECOMMENDATION: That Council adopt resolutions: 1) approving the issuance ofa temporary encroachment permit for banners identifying the Tour d'Elegance and directional signs thereto; 2) approving the issuance of a one year encroachment permit for permanent banners in the Rancho Del Rey Community, and; 3) instructing staff to return with a policy on placement of banners within City right-of-way within one year prior to future extensions ofthis encroachment permit. BOARDS/COMMISSIONS RECOMMENDATION: No Board or Commission action is necessary for this matter. DISCUSSION: Temnorarv signs and banners là-I --...- - - - -...----.-,......-.----...,-.,,--.-.- Page 2, Item Meeting Date 6/18/96 The Rancho Del Rey area has been chosen by the Building Industry Association (BrA) as the site for its Tour d'Elegance, in which custom, luxury homes by various builders are showcased in one area. This exposition is planned for the Rancho Del Rey area during the period of July 12th through August 11th. McMillin Development, being the developer of Rancho Del Rey, in association with Motivational Systems, Inc., is coordinating the signage for the Tour. The plan is to provide surface-mounted directional signs along various roads, directing traffic into Rancho Del Rey and around Rancho Del Rey Parkway to the Tour site. Please refer to Exhibit B. These directional signs vary in size. At the intersections where motorists are to turn , the signs are 4 feet by 8 feet on double posts. The others are 17 inches high by 23 inches wide, mounted on a single stake. Please see Exhibit C for details. The smaller signs are to be placed along the routes as an aid to the driving public and will be spaced adequately so as to provide direction and, at the same time, not cause visual clutter. Temporary banners identifYing the Tour d'Elegance are proposed to be placed on the double light standards located within the median in East H Street, extending east from I-80S to Del Rey Boulevard, as shown in Exhibit D. The proposed banners are 30 inches (2' - 6") wide by 94 inches (7' - 10") long. These would be identical in size to those recently put up in the downtown area by the Downtown Association. Staff recommends approval of the temporary encroachment permit to allow the directional signs and banners for the Tour d'Elegance with the conditions as follows: I) The banners and signs shall be removed ITom the City's rights-of-way by August 26, 1996. 2) The banners will promote the Tour d'Elegance only, and no other advertising or logos shall be allowed. 3) The number of signs, their locations and their sizes shall not exceed those indicated within the permit. Permanent banners in Rancho Del Rey McMillin Development has also applied for an encroachment permit for banners to be placed on City light standards within the Rancho Del Rey community. Please refer to Exhibits E and F. These will be more permanent in nature, however, they will be removed when the community is built out. In the absence of a formal banner policy, the issuance of the encroachment permit, with certain conditions, will suffice until a policy is in place. ld. -d.- Page 3, Item Meeting Date 6/18/96 A similar encroachment permit was granted recently to EastLake for the banners on Otay Lakes Road promoting the Olympic Training Center and within the EastLake Greens community. The banners used by EastLake were, however, smaller (30" wide X 48" long) than those proposed by Rancho Del Rey. Staff proposes to limit the banners on prime arterial and major streets which are abutted by Rancho Del Rey development on both sides, except for Telegraph Canyon Road, where we are allowing three banners each direction from Paseo Ranchero. If Council authorizes the issuance of the permit, conditions of approval include the following: 1) Banners located on prime arterial and major streets, as identified on the City's General Plan, shall display information related to civic uses and events or seasonal messages of general benefit or interest to the community and contain no advertising, including logos or color and design schemes. 2) All banners should have a unifying design theme or element and shall be limited to 15 square feet per banner, equating to 30 square feet for double mounted banners. 3) All banners proposed must be approved by the City with respect to the number, location, size, design, colors, materials, installation and maintenance of the banners. 4) Bottom of banners are to be a minimum of 13 feet from ground level and shall be uniform in height. 5) A cash bond shall be posted by the permittee to guarantee the timely removal, should the permittee not do so upon direction by the City. The amount to be posted shall be $50.00 per light standard used times the proposed number of75 lights, plus a 10% contingency and rounded to nearest thousand, or $4,000.00. 6) Permit may be revoked at any time without cause at the sole discretion of the City. 7) A modification to Rancho Del Rey's sign program will be processed separately to incorporate this banner program. 8) If City finds that maintenance or repair of banners is necessary, including replacement due to fading, permittee shall respond to City's notice within three working days. 9) In case of knock-downs of street lights, permittee shall be responsible for replacing banners and hardware on the new light standard. \d. - 3> Page 4, Item Meeting Date 6/18/96 10) A rranchise fee of $1.66 per month for each street light used shall be paid at the time of issuance of this permit and then paid annually thereafter. For 75 light standards, this equates to $1,503.00 per year for the use of the City rights-of-way and street lights. Assessing an amount per light gives the City a basis to raise or lower the fees proportionately, should the number of banners change in the future. II) The encroachment permit for the permanent banners shall be valid for one year, with the option to renew subject to staff review for conformance with any specific policies or requirements that may be approved by the Council, and upon payment of a processing fee and rranchise fee as proposed in Condition 10, above. The City's standard encroachment permits contain the necessary maintenance and removal and hold- harmless clauses, protecting the City rrom maintenance problems and liability for damages and/or bodily injuries arising rrom the performance of the work connected with the encroachment permits. The cash bond required for the permanent encroachment will help reinforce the encroachment removal clause. FISCAL IMP ACT: The Encroachment Permit fees have been paid by the applicant to cover processing costs and will pay those costs upon any renewal requests in the future. All costs involving the installation of signs and banner will be borne by the applicant, if the permits are approved. The General Fund may be increased by an estimated $1,500 per year, if Council approves the condition of approval regarding a rranchise fee, as part of the encroachment permit for the permanent banners. Attachments: Exhibit A - Locator map Exhibit B - Directional sign locations Exhibit C - Sign details w/ dimensions Exhibit D - Banners for Tour d'Elegance Exhibit E - Permanent banner locations for Rancho Del Rey Exhibit F - Permanent banner examples [M:\HOME\ENGINEER\AGENDA \RDRBANRS.JWH] \~-4 -,-_.~.._--~_._-_._------_.._._-- . MEMORANDUM DATE: May 22, 1996 TO: John Hardesty, Permits Engineer VIA: Ken Lee, Assistant Director of P FROM: Patty Nevins, Assistant Planner ~ SUBJECT: . Encroachment Permit for Rancho del Rey Banners, Engineering File No. 0710-40-PE-373 The Planning Department has reviewed the request for a permanent banner program for Rancho del Rey. While staff believes that the selective display of banners within the public right-of-way can serve a community interest, a number of issues arise with respect to permanent banner programs. Examples of the issues to be resolved are the question of who should be eligible to utilize banner programs, the number and locations of banners to be accorded to any single applicant, the appropriateness of advertising on banners, and potential competition between parties wishing to utilize the same areas (i.e. certain streets) for banner programs. Planning staff is currently working on a draft permanent policy to address these, and other, issues. In the absence of a permanent policy, we would recommend support the current request for a permanent banner program for Rancho del Rey subject to modifying their program to meet the following criteria: 1. Banners may be considered only for the display of information related to civic uses and events or seasonal messages of general benefit or interest to the community, or to identify areas which in the opinion of the City Council have historic or other value to the community as a whole; 2. The fee for processing a banner program or modifications thereto shall be the fees specified in the Master Fee Schedule for planned sign programs. Minor modifications to the program may be approved by the Directors of PIAnni1\g and Public Works provided they are found to be consistent with the program approved by the City Council; 3. A banner program shall consist of plans and information of sufficient detail to describe all aspects of the proposal, to include the duration of the program, the number, location, size, design, colors, materials, installation and maintenance of the banners, and a list of the proposed messages and the parameters for their use on the banners; 4. All banners submitted as part of a single application program should have a unifying design theme or element and shall be limited to IS sq. ft. in area per sign and mounted at a uniform height. S. Banners located on prime arterial and major streets as identified on this City's General Plan shall contain no advertising of any kind, including logos or color and design schemes. (Jr," f t·If'" i, i; J -- t H sf I TC. N:J , 0,(,., t=J '¡'..,. ' ". ....., ~ '... .,,-. t\'{)!'¡¡i S{ - (4- ~~x.u) 1~-5 .._-,.._~-~-~--~---_._- Banners located on streets other than arterial or major streets may utilize up to 30% of the banner area for advertising or corporate logo's. 7. Permits for banners may be revoked at any time without cause at the sole discretion of the City, and the banners and all related hardware sha11 be removed by the permittee within two weeks . . of notification by the City; 8. A cash bond (in an amount to be determined by the City Engineer) sha1l be submitted to the City prior to the insta11ation of banners in order to ensure their timely removal by the City if the permittee fails to do so. 9. A modification to Rancho Del Rey's sign Program(Ref PSP-89-2) will be processed separately to incorporate this banner program, along with any other proposed signage changes, into the existing Rancho del Rey community signage program. Note: Council may wish to invoke a monthly fee or rent on those banners containing advertising or corporate logo identification. Thank you for allowing us the opportunity to comment, we would be happy to offer our assistance in addressing this item to the City Council. i I 1 , , J i ¡ I r , ¡ m:\bomeIp111111ingIpattylbanœrs.rdr ~ \à -t.e. , "., , .' . L" ","" '.IWI '. I \ DIEG,i........ TOUR --- SITE sp.N~_~IS1A - ~....1t1lJ~A ( CI,III ,0001 . . ...-..... = .~. . IT" fT . .. !I., .001: r. · ,~. ." · · ~ . EXHIBIT ''I:(' I DRAWN BY T I T L E ----------- LOCATOR MAP FO¡¿ 1~-7 DATE TtJtlR Ð'Eté6ANC,£ --- ------ .-..-.._-_._-~,.- . 10m 1t:::':::I vfJ~ >- oJ"I-t.'ô ó'~' , " '4., -1. ...... ~ h I *' ==- ..;;.~\. ?; 0;:.0.... "" ::::t' ....,........,.' -··"w OISYd If --y(. 'I --- Ii':. ..... --....... W .~.~ J ~ ""I:~t''''' ,t; ~, ....... " "'\ , ~ A Þ'; I ~ - '.t -, A. '~'-- A .... -- .;¡;;  ~~ ~ ~~--) ~ ~ þ. ~. .J ~ - :<;õ{ J., ~ { - ~ ..~ EXHIBIT "BII ~ -- ......- 0 II) II) I ..:. 11i ~ Q ts· I A. Q ffi ðo i I . -- iB 0 æ ~ F is ~ is "I ïI!! . ; ~ ^ Å I ¡ f"s'\... Q ...~L 4..'5' I~'Y . i 8' t . O~123 L .. 4!fN'{i~i~ 4' ~,..,..~.. . '. .. "'~ '. .." ." , . ". . ." , .' '-~.:' ~.._:,.,; ,,~~ .. .. t ;.. i' . 'f" " '.' .,.~. .' ..... "f' ...'..... . ........., ./,¡<Ii .,!.. ,#.~... . " ... " ,',.. ., '".' ,..' ...' .'. , '''i¡\,.:~\:1'i:1/Ir¡'·Lif ,.~.. "~:H ..... "'!f"'\\' ··;:1....'·"·"" 'w;:.,·· '. '" ~. ~ I ','\. .i!'t·"I'I(jO!"·',·· [Y'" . " . I ':;":'1't'J;"~\;~;i\ XU '.' ome/,.: OU ,~ , ':I"1:"'.'~: ..A:~1f.~ -....., .~.~' 'yi :"~~'.";:' ''I~';..,.,\..>,,!,,: .....~ '. . ,... ~.,..'~~,.·...I·"~·i·.·"g·.~ ~·..,. .;'~"'~·';-'·¡~·.;"1'i"~1~,~,~,~~",,;'. .' . .. .~ .~ ," . '.':' "I I ...'.... ',. ,-. ',;."" ,... ," ',: -,".: . . . { - Nor TO StAlE - i Z3" t I I /7" I , . FILE NO. PE .J11} OWN BY: 't' II DATE: .-....._-". fr; dZ/l RESOLUTION NO. I~~v: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ISSUANCE OF A ONE-YEAR ENCROACHMENT PERMIT FOR IDENTITY AND OTHER BANNERS TO BE PLACED ON CITY LIGHT STANDARDS IN RANCHO DEL REY AND INSTRUCTING STAFF TO RETURN WITH A POLICY ON PLACEMENT OF BANNERS WITHIN CITY RIGHT-OF-WAY PRIOR TO FUTURE EXTENSIONS OF THE ENCROACHMENT PERMIT WHEREAS, application has been made for a temporary encroachment permit for ground-mounted directional signs and cloth identity banners mounted on City street light standards for the Tour d'Elegance being planned for the Rancho Del Rey area; and WHEREAS, in accordance with section 12.28.020 of the Municipal Code, the City Engineer may be authorized by Council Resolution to issue these permits; and WHEREAS, the sign and banner programs have been reviewed by both Planning and Engineering staffs and found to be in conformance with our Municipal Code, with the addition of certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve issuance of a one-year Encroachment Permit for identity and other banners to be placed on City light standards in Rancho del Rey subject to the following conditions: 1) Banners located on prime arterial and major streets, as identified on the city's General Plan, shall display information related to civic uses and events or seasonal messages of general benefit or interest to the community and contain no advertising, including logos or color and design schemes. 2) All banners should have a unifying design theme or element and shall be limited to 20 ~ square feet per banner, equating to 40 ~ square feet for double mounted banners. 3) All banners proposed must be approved by the City with respect to the number, location, size, design, colors, materials, installation and maintenance of the banners. 4) Bottom of banners are to be a minimum of 13 feet from ground level and shall be uniform in height. 5) A cash bond shall be posted by the permittee to guarantee the timely removal, should the permittee not do so upon /:J.H - ( ..~_._-_._._,-- RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ISSUANCE OF A ONE-YEAR ENCROACHMENT PERMIT FOR IDENTITY AND OTHER BANNERS TO BE PLACED ON CITY LIGHT STANDARDS IN RANCHO DEL REY AND INSTRUCTING STAFF TO RETURN WITH A POLICY ON PLACEMENT OF BANNERS WITHIN CITY RIGHT-OF-WAY PRIOR TO FUTURE EXTENSIONS OF THE ENCROACHMENT PERMIT WHEREAS, application has been made for a temporary encroachment permit for ground-mounted directional signs and cloth identity banners mounted on City street light standards for the Tour d'Elegance being planned for the Rancho Del Rey area; and WHEREAS, in accordance with section 12.28.020 of the Municipal Code, the City Engineer may be authorized by Council Resolution to issue these permits; and WHEREAS, the sign and banner programs have been reviewed by both Planning and Engineering staffs and found to be in conformance with our Municipal Code, with the addition of certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve issuance of a one-year Encroachment Permit for identity and other banners to be placed on City light standards in Rancho del Rey subject to the following conditions: 1) Banners located on prime arterial and major streets, as identified on the City's General Plan, shall display information related to civic uses and events or seasonal messages of general benefit or interest to the community and contain no advertising, including logos or color and design schemes. 2) All banners should have a unifying design theme or element and shall be limited to 15 square feet per banner, equating to 30 square feet for double mounted banners. 3) All banners proposed must be approved by the City with respect to the number, location, size, design, colors, materials, installation and maintenance of the banners. 4) Bottom of banners are to be a minimum of 13 feet from ground level and shall be uniform in height. 5) A cash bond shall be posted by the permittee to guarantee the timely removal, should the permittee not do so upon I~ß .. \ direction by the City. The amount to be posted shall be $50.00 per light standard used times the proposed number of 75 lights, plus a 10% contingency and rounded to nearest thousand, or $4,000.00. 6) Permit may be revoked at any time without cause at the sole discretion of the City. 7) A modification to Rancho Del Rey's sign program will be processed separately to incorporate this banner program. 8) If City finds that maintenance or repair of banners is necessary, including replacement due to fading, permittee shall make such repair or maintenance as required by the City's notice, within three working days. 9) In case of knock-downs of street lights, permittee shall be responsible for replacing banners and hardware on the new light standard. 10) A franchise fee of $1.66 per month for each street light used shall be paid at the time of issuance of this permit and then paid annually thereafter. For 75 light standards, this equates to $1,503.00 per year for the use of the City rights-of-way and street lights. Assessing an amount per light gives the City a basis to raise or lower the fees proportionately, should the number of banners change in the future. 11) The encroachment permit for the permanent banners shall be valid for one year and may be extended if staff determines that such banners are in conformance with any banner policy or requirements that may be adopted by the Council, and upon payment of a processing fee and franchise fee as proposed in Condition 10, above. BE IT FURTHER RESOLVED that staff is hereby instructed to return with a policy on placement of banners within City right-of- way prior to future extensions of the Encroachment Permit. Presented by Approved as to form by CL,,-_)rfv.. 9-'\~ John P. Lippitt, Director of city Attorney Public Works l~ß,,~ ." __._____n__..__ __ _..n, __.__.__._.__..m...._ ..._..,,_.._._._... COUNCIL AGENDA STATEMENT Item No. /,J Date 6/18/96 ITEM TITLE: PUBLIC HEARING: Consideration of Rate Adjustments for Fiscal Year 1996/97 Including a Rate Decrease for Commercial Refuse and a Rate Increase for Residential Refuse, Yard Waste and Recycling Services ¡F';¡J/¿ RESOLUTION: Approving Rate Schedules for the Collection and Disposal of Refuse, and the Collection and Processing of Recyclables and Yard Waste Effective 7/1/96 SUBMITTED BY: Deputy City Manager Krempl .. Conservation Coordinator Meacham ~ 'I I.\. REVIEWED BY: City Manager (;~) c 4/5th Vote: Yes_ No...x. This report describes proposed changes to the existing rates charged by Laidlaw Waste Systems, the City's franchised waste hauler, as a result of a number of changes to different components of the rate. Although some of the components may be proposed to increase and some to decrease, the overall effect on final rates is a decrease for the existing rates for commercial and an increase for residential service. RECOMMENDATION: Adopt the resolution approving the rate schedules (Attachment A) to be effective 7/1/96 which: 1) removes the temporary 1996 reimbursement disposal charge, 2) lowers the disposal component based on the reduced rate at the County landfill and anticipated 1996/97 landfill costs, 3) removes the retro-active portion ofCPI increase granted Laidlaw Waste Systems on 1/1/96, 4) replaces the per dwelling unit multi-family recycling charge with a commercial recycling surcharge 5) reduces the avoided disposal revenue for yard waste and recycling, 6) reduces the materials sales and "avoided disposal" revenue proj ections for recycling programs, and 7) applies the current franchise fee (8%) and AB 939 fee (1%) to "gross revenue," BOARD/COMMISSION RECOMMENDATION: The Resource Conservation Commission unanimously recommended that City Council approve the addition of mixed paper to curbside recycling and the change in funding for the multi-family recycling program at their June 10, 1996 meeting. DISCUSSION: Recent Rate History and Related Actions The most recent rate change for the collection and disposal of refuse was implemented effective 1/1/96 and included several temporary increases in both the commercial and residential rates. One increase allowed Laidlaw Waste Systems Inc. (L WS), the City's franchised hauler, to recover landfill fees paid to the County of San Diego between 1/1/96 and 6/30/96 that would not have been recovered under the 13-/ ~._... _._-,--~..-..-_._-_.- ---------- Page 2, Item No. J3 Date 6/18/96 previous landfill rate component. The temporary reimbursement period has ended and the reimbursement charge should be deleted. A similar charge that reimburses L WS for 1995 charges is being amortized over 12 months and is scheduled to be removed on January I, 1997. The San Diego Solid Waste Authority has officially announced plans to lower the disposal cost at the landfill from $47.50 to $40 effective 7/1/96 for all system users. That reduction creates an opportunity to further reduce the landfill component applied to commercial and residential rates. Additionally, the 2,5% CPI increase granted to LWS for the entire 1995/96 fiscal year was collected over a six month period and the retro-active portion of that increase is deleted from the rate structure. Trash Rate Structure Overview For background, Council approved a methodology in August 1991 for the calculation of refuse collection and disposal rates, With that change, the rate payer's total cost of service is broken down into several components. These components are briefly described below in tenns of how they are detennined and what their status is currently. (The proposed changes and their impacts are described in more specific detail, further on in the report.) · Landfill Disposal F ee- Paid to landfùl operator for disposal; amount set by operator, Cost is passed directly through to the ratepayer. The previous year's actual tonnage is used to detennine an average weight per household for residential and an average weight per cubic yard for commercial customers. Any "shortfall" or "overage" in revenue is applied to the next year. · Franchise Fee- Collected by Laidlaw in the billing process as a direct pass-through of costs and remitted to the City monthly to offset public costs of maintaining streets, litter control and code enforcement etc.; the amount is a percentage of gross receipts. The Municipal Code provides for the franchise fee to begin at 4.5% in 1986 and increase by 1/2% each year until it reaches a maximum of 10%, The last franchise fee increase was to 8% in 1992, Actual practice since August 1993 has been to process franchise fee rate adjustments as "revenue neutral" to avoid increasing costs to rate payers while landfill tipping fees were causing dramatic rate increases. As a result, the franchise fee currently "frozen" at 8% since 1993, had the actual effect of generating approximately (7.4%) on total gross receipts for 1995/96. Effective 7/1/96, landfill tipping fees will be $40, $3 lower that the 1993/94 rate of $43 per ton that triggered the "freeze." · AB 939 F ee - Collected by Laidlaw in the billing process as a direct pass-through of costs and remitted to the City monthly to help recover the administrative costs of developing and implementing the California Integrated Waste Management Act of 1989 (AB 939). The AB 939 fee was established last year as 1 % of gross revenue. The AB 939 fee is equitably distributed across commercial and residential customers based on their level of service, As future recycling programs needs develop, the option exists to adjust this revenue source commensurately. · Other Costs - Laidlaw Waste Systems Inc., cost of personnel, operating expenses, capital investments etc. Pursuant to the municipal Code, the hauler is limited to one increase per year based on the most recent CPI adjustment for the immediate area, The last increase was granted by City Council in December 1995 for the 1995/96 fiscal year. /3".2. Page 3, Item No, /::1 Date 6/18/96 Curbside Recycling and Yard Waste Rate Structure The residential curbside recycling program for single-family homes began citywide in February 1991. Since that time, residential recycling programs for apartments and condominiums and yard waste collection have been added to the list of services provided to Chula Vista residents. The first program set the basic rate structure which is currently followed for establishing the cost of all of the City's recycling programs, In general, the cost of these services starts with the operating cost (cost of collection, processing and marketing), public education franchise fee and AB 939 fee. For curbside and multi-family recycling the total cost is then potentially reduced by the following components: Revenues- Income from the sale of materials collected and delivered to the processor for secondary markets is applied 100% to reduce the cost of service. Landfill diversion credit- Credit is calculated at current landfill tip fees for tonnage collected in the program but diverted to secondary markets instead of being disposed, Grants or other funding sources - In the earlier years of the recycling program Laidlaw Waste Systems Inc, has been the recipient of grant funds for start-up costs to reduce capital expenditures. Most recently, the company receives refunds from the State through the Beverage Container Redemption Program which is an incentive program to encourage beverage container recycling, All grant funds, no matter the source, are applied 100% to reduce program costs. There are no revenues from material collected through yard waste recycling, The operating cost is based primarily on the curbside collection, transportation and processing costs. Franchise and AB 939 fees are also applied, However, the total cost is reduced by an estimated landfill diversion credit which is applied to yard waste tonnage collected but diverted to compost instead of being disposed of at a landfill. In all recycling programs, rates are further adjusted at each review period based on a comparison of the projection to actual performance of these components. The component format provides the best mechanism under the current contract to identify and pass on program savings and revenue benefits to the rate payer and to review the financial performance of the program and its contractor. Examples of how the rate components work together can be seen in the history of recycling program rates. The curbside recycling program rate was $1.10 per month, per household from its inception in 1991 to the 1993/94 fiscal year, The rate decreased in fiscal year 1994/95 to $0.35, and decreased again in 1995/96 to <$2.43> (the decrease was reduced to <$2.35> from January to June 1996 when the contractor was awarded a CPI increase. Through these periods strong markets for recycled material, high avoided disposal revenue and active public participation made it possible to use recycling revenue to offset the costs of refuse collection by as much as $2.43. The same factors had an impact on the multi-family recycling program rates which were reduced from $1.50 per dwelling unit to $0.92 per dwelling unit per month in 1995/96. /.1* 3 .-.-.---..- Page 4, Item No, 1;1 Date 6/18/96 The revenue from newspaper sales accounts for the majority of revenue in the City multi-family and curbside residential recycling programs. Newspaper market prices climbed steadily in 1994/95 to an all time high ($213 per ton), and this spring they plunged to the lowest level in many years ($30 per ton), Those market conditions effected both revenue projections and the actual revenues. A reduction in the revenue from the sale of materials, theft of curbside recyclables and a reduction in "avoided disposal" have caused the projected recycling costs to increase ("avoided disposal" revenue goes up and down with the landfill per ton tipping fee). The recycling programs are responsible for approximately 450 tons of diversion from landfills each month. The projected costs for the 1996/97 fiscal year are $1.19 per month, per household for residential recycling and $1.46 per month, per unit for multi-family recycling. The yard waste program has gone through a number of changes. The weekly collection service rate at the beginning of the program was $2.00 per month, per household. When the·program went to mandatory collection the price was reduced to $1.85, then $1.48 and $0.64 per month (the price went up to $0,85 this January when the contractor was granted a CPI increase), The reduction in the landfill tipping fee has triggered a reduction in "avoided disposal" revenue which offsets collection and processing costs, The yard waste program diverts approximately 1,000 tons of material per month and represents the City's largest diversion by material type and volume, The projected yard waste recycling costs for fiscal year 1996/97 are $1.75 per month, per household. Recommendations Based on the above discussion, it is recommended that the rates included in Attachment A be approved effective 7/1/96, Those rates include the following adjustments and their justifications: 1. Disposal Component o Remove the 1995 landfill adjustment (commercial/residential $3,88/$0,025), o Remove the 1995 retro-active CPI increase (commerciallresidential $1,09/$0.168), o Reduce the 1996 disposal pass through by (commercial/residential $0,61/$0.144), o Reduce the component to reflect the reduced landfill disposal rates, (commercial/residential $4.96/$1. 024) o Replace the multi-family recycling per unit rate with a general commercial recycling fee, o Include the cost of "Community Clean-Up" events in disposal rates. Discussion' This is the second decrease in landfill tipping fees over the past year and represents a 27% reduction in landfill charges. Ten years ago in 1986 landfill rates accounted for 10% or less of the average customers bill. By 1994/95 it was 55%. The new, lower landfill rate will still account for 32% to 35% of the average customer's rate. Historically, we have passed savings and expenses on to rate payers as quickly as possible, but the lag time between rate announcements and their implementation has often exaggerated the impact for rate payers. We cannot be certain if local landfill rates will continue to go down, stabilize or go back up, however we are scheduled to remove the final JJ-¿.j ._~._._-.--- Page 5, Item No. /J Date 6/18/96 landfill pass through charge in the current rates on January 1, 1997, That will produce an additional rate reduction for commercial/residential refuse of approximately $4,88/$0,007 per month respectively, The replacement of the per unit multi-family recycling rate with a "commercial recycling fee" is designed to meet state mandated diversion rates as efficiently and effectively as possible. This approach will result in lower rates for apartments, condominiums and mobile home parks that receive commercial service. All commercial rate payers will still receive the $4.17 reduction in their current rates and are scheduled to receive an additional rate reduction of $4,88 in January of 1997. In 1993/94 the County of San Diego eliminated its free landfill passes for "Community Clean-Up" events and the events where subsequently cut from the Building and Housing Department budget and cancelled. The lack of events and public education connected to the events has reduced the disposal options for some residents and led to an increase in illegal disposal that contributes to blight within the City. The disposal component also includes a projection for the potential cost of disposal for "Community Clean-Up" events. The impact of adding disposal costs for two to three "Clean-Up" events per year is estimated to be less than $0.01 per household and $0.03 per average commercial rate payer per month, 2. Franchise Fee Component o Apply the 8% franchise fee to "gross revenue" as it had been originally established in 1992/93. Discussion' Municipal Code Chapter 8.23.040 provides for a 1/2 % increase per year to the 4.5% franchise fee established in 1986. Pursuant to the municipal code, the franchise fee would be at 10% in the 1996/97 fiscal year. In August 1993, the City Council expressed concern about continuing to increase the franchise fee each year. As a result of those concerns, each subsequent rate review hearing presented Council with a "revenue neutral" scenario, Since the franchise fees are calculated as a percentage of gross receipts, the result has been a gradual erosion of the effective franchise fee rate which is now approximately 6,5% of the average residential rate and 6,0% of the average commercial rate on a base rate of 8%, Additionally, the floating "revenue neutral" approach creates over 120 variables in the current rate schedules which are time consuming to manage and almost impossible to audit. Based on the City's current fmancial situation and an analysis of franchise fee revenue over the past three years, staff recommended a return to the "gross revenue" application of the franchise fee which has not been increased since the 1992/93 fiscal year. At the time the budget was prepared the "gross revenue" approach would produce up to an additional $135,000 in revenue. It should be noted that, an existing landfill pass through for commercial rates is schedule to be eliminated on January 1, 1997. Eliminating that fee will reduce the amount of franchise fee revenue generated and further reduce the cost to the basic commercial customer by $5,25 per month (the savings increases for large commercial generators who will save as much as $220 per month). This franchise fee adjustment would increase the cost to commercial rate payers by $1.50 per month and the average residential rate payer by $0.166 per month for the first six months, The initial franchise fee increase would go down approximately /.3,5' . Page 6, Item No. IJ Date 6/18/96 $0.39 for commercial and $0,002 for residential rate payers on January 1, 1997 when the landfill component is reduced, 3, AB 939 Administrative Fee Component The current public and private recycling efforts have made it possible to exceed the current mandate to divert 25% of the City's annual waste stream from landfills. Therefore, no change is being recommended for the AB 939 fee at this time. The AB 939 shall continue to be "gross revenue" fee, as adopted in June 1995 and outlined in Attachment N Residential Rates. As we move toward the year 2000 and the 50% diversion mandate future recycling programs needs may develop and the option exists to adjust this revenue source commensurately. 4, Recycling Program Components 0 Remove the retro-active portion of the cpr adjustment for 1995/96 ($0.042) 0 Increase the "curbside" residential recycling component to reflect the reduction in the revenue from sales of material and the reduction in "avoided disposal" revenue, 0 Add mixed paper to "curbside" recycling by 12/1/96 at no additional cost to rate payers, 0 Replace the $1.47 per dwelling unit charge for multi-family recycling with a $0.368 per, cubic yard commercial recycling fee, 0 Recycle/compost illegally disposed of yard waste and tree trimmings. Discussion: The retro-active portion of the CPI increase was a temporary measure implemented to reimburse Laidlaw Waste Systems Inc, for the previously unpaid portion of CPI for the fiscal year. As stated earlier, newspaper prices account for the majority of material sales revenue to the programs. Newspaper prices have dropped from a high of $213 per ton to $30 per ton. When the price of newspaper was at $213 per ton the Conservation Coordinator received almost daily calls reporting scavenging, The curbside theft of beverage containers and newspaper along with the drop in newspaper prices will prevent the recycling programs from paying for themselves until the markets change. An additional rate adjustment is expected in January of 1997 when we reduce rates by removing the last landfill fee increase currently on the rate schedules. If markets have improved, we could make more favorable market adjustments to the rates at that time. When recycling markets do improve, and projected revenue exceeds expense as it did in 1995/96, staff recommends that a portion of the revenue be used to establish a reserve, The reserve would be applied to future rate increases and limit the dramatic fluctuation of residential rates, Laidlaw Waste Systems Inc. staff has committed to providing bi- monthly reports on revenue status to assist with those adjustments, Additionally, a curbside "anti-theft" grant will begin next fiscal year and should help to substantially reduce the loss of revenue the program has experienced through theft. Finally, Laidlaw Waste Systems staff and the Conservation Coordinator have been working together to obtain more competitive processing bids, and combine residential and commercial programs when cost effective. These steps could produce efficiencies and reduce program costs that can be re-evaluated next January. A six month pilot "mixed paper" program will be added to curbside recycling by 12/1/96. Mixed paper is part of the residential curbside program in 15 of 18 cities in San Diego County, The addition of mixed paper to the curbside program is expected to divert approximately 200 additional tons of material per month from landfills. The six month pilot for mixed paper "drop-off" has been very successful. Bins sizes have been increased and the frequency of collection have been increased at /.3 - ¿, Page 7, Item No. /-;/ Date 6/18/96 many of the five locations throughout the City. The mixed paper "drop-off" program will stay in place to serve multi-family dwellings and other small generators, The proposed program will be paid for at Laidlaw's risk, through savings from the reduction in waste service, "avoided disposal" revenue, and a shared portion of the market value, This formula will provide rate payers and Laidlaw Waste Systems Inc., an incentive to increase the quantity and quality of material collected (Attachment B), The details of that agreement will be brought to Council for approval prior to the implementation of the "curbside" mixed paper component. The commercial recycling proposal replaces the multi-family program's costs of $1.47 per dwelling unit charge for recycling with a $0.368 per, cubic yard commercial recycling fee. The impacts of this proposal are described in the disposal component where financial impacts are realized. Five San Diego County cities collect the multi-family recycling fees as part of the commercial refuse service rate. At least two other San Diego cities pay for their multi-family recycling pilot programs with this approach and are likely to continue when the program is expanded, The revenue change will not impact the expected diversion from multi-family, however it will provide an opportunity to consistently offer recycling services to some businesses at no charge, The tree trimmings, yard waste debris and illegal disposal of yard waste that are collected by the Public Works Department along road sides and in open spaces has historically been reused as mulch or disposed of at landfills. Material that cannot be reused by the City as mulch will be composted through the residential yard waste program where the City and rate payers benefit from volume rate discounts and increased diversion. The impact of that change will be approximately $0,01 per month, per household, The major rate increases in the recycling programs are due to the reduced revenue from "avoided disposal" and the sale of materials. "Avoided disposal" or landfill diversion credit is calculated at current landfill tip fees for tonnage collected in the program but diverted to secondary markets instead of being disposed. When tipping fees are reduced, landfill disposal credit is reduced. The 27% reduction in landfill rates in the past six months reduces the proj ected landfill diversion credit to all the recycling programs by approximately $20,000 per month, Conclusions: The impact on monthly rates for commonly used services is illustrated below: Type of Service Current Rate Proposed Monthly 6/30/95 Rate 7/1/95 Change Residential/Single family *$13,09 *$16.14 $3.05 Senior "Yellow Bag" Program (average *$7,31 *$9.86 $2.55 monthly cost for - delivered bags) Commercial (I bin I pick-up per week) $91.62 $87.45 <$4,17> Commercial multi-family (with 5-12 units **$102.66 **$87.45 <$15,21> with recycling) Commercial-small business-up to (2) 40 gallon cans: once per week $15.63 $14,25 <$1.38> twice per week $28.06 $25.26 <$2,50> three times per week $41. 40 $37.30 <$3,69> *Includes charges for curbside recycling and yard waste, **Includes charges for multi-family recycling )3-7 Page 8, Item No. Date 6/18/96 Options Evaluated: Staff reviewed a number of options with Laidlaw Waste Systems Inc. The first option considered the recommended rate adjustments without the replacement of the multi-family fee with a commercial recycling fee. That would reduce commercial rates an additional $4.78 cents before January 1997 and increases commercial rates for multi-family dwellings of 5 units and more by $1.00 to $1.46 per unit. That would effectively increase residential rates for approximately 50,00 residents living in apartments, condominiums and mobile home parks. The second option considered the recommended rates with a two year amortization of the residential recycling revenue short-fall, That option would temporarily reduce residential rates approximately $0.48 per month in expectation of improved markets for recycling materials. However, if markets do not improve those costs would have to be made up by higher rates in the future. The third option reviewed the impact of not changing rates until 1/1/97, when a re-evaluation could include the savings from further reductions in the landfill component, revenue accrued from the existing surcharges in commercial rates and the possibility of improved revenue from recycling markets, That option would produce a deficit of approximately $250,000 that would require an increase in rates to commercial and residential rates. These options were not considered to be in the best long-term interest of rate payers. FISCAL IMPACT: An estimated $765,000 in franchise fees and $94,000 in AB 939 fees will be generated this fiscal year, 1995/96. Applying franchise fees and AB 939 fees as a portion of "gross revenue" for all twelve months of the next fiscal year would generate $866,000 in franchise fees and $108,000 in AB 939 fees. That would produce $101,000 in additional franchise fees and $14,000 in additional AB 939 fees, However, staff expects the City Council to reduce residential and commercial refuse rates six months later, on 1/1/97. That reduction in rates will produce a corresponding reduction in franchise fee projections of $15,000 and a reduction in AB 939 fees of $1,500. Approval of staff's recommended rates will ultimately produce an estimated $86,000 in additional General Fund revenue and $12,500 in AB 939 fee revenue for fiscal year 1996/97. The savings projected by Public Works Department from the recycling of street tree trimmings and illegal yard waste disposal through the residential yard waste program was included in the proposed budget. mtm:cas-rcc rates-96.cas Attachments I J- ír --- --- ._~_._------_.- RESOLUTION No.I~~4 to RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE, RESIDENTIAL AND YARD WASTE RECYCLING EFFECTIVE 7/1/95 WHEREAS, it is staff's conclusions and recommendations, to approve the rate schedules effective 7/1/96 which include the following adjustments: · Remove the 1995 landfill adjustment (commercial/residential $3.88/$0.025). · Remove the 1995 retro-active CPI increase (commercial/residential $1.09/$0.168). · Reduce the 1996 disposal pass through by (commercial/residential $0.61/$0.144. · Reduce the components to reflect the reduced landfill disposal rates, (commercial/residential $4.96/$1.024) . · Replace the mUlti-family recycling per unit rate with a general commercial recycling fee. · Include the cost of "Community Clean-Up" events in disposal rates. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the rate schedule for collection and disposal of refuse, residential and yard waste recycling effective 7/1/96 as set forth in Attachment A, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by C"--~"-~ George Krempl, Deputy City City Attorney City Manager c: \ rs\ trashrate. inc 13 -11) . -~-,,- "-.----- ---- (Attachment A) CITY OF CHULA VISTA RESIDENTIAL RATE SUMMARY - EFFECTIVE 7-1-96 6-5-96 FIŒCVSUM796 SINGLE FAMILY RESIDENTIAL UNITS: WASTE RATE $14.59 $13.20 I CURBSIDE RECYCLING RATE ($2.35 $1.19 'YARDWASTE RECYCLING RATE $0.85 $1.75 TOTAL RATE $13.09 $16.14 SENIOR CITIZEN - WEEKLY SERVICE: WASTE RATE $14.59 $13.20 CURBSIDE RECYCLING RATE ($2.35 $0.78 YARDWASTE RECYCLING RATE $0.85 $1. 75 TOTAL RATE $13.09 $15.73 , , ! SENIOR CITIZEN BAG PURCHASE: WASTE RATE $52.37 $43.42 CURBSIDE RECYCLING RATE ($14.10 $4.68 YARDWASTE RECYCLING RATE $5.10 $10.50 TOTAL RATE $43.37 $58.60 SENIOR CITIZEN BAG PURCHASE W/DELlVERY: WASTE RATE $52.91 $43.95 CURBSIDE RECYCLING RATE ($14.10 $4.68 YARDWASTE RECYCLING RATE $5.10 $10.50 TOTAL RATE $43.91 $59.13 J:J -)1 E S-C-~-¡-; C I: C C! C l ;,c,1i I: C ! I:! ~ ~ z -= J :: z :: ! =: i! t ! /: I :/: 'z I: i II I: z ! ! ! ! ! ! ! ~ ! ! ! ! '! !;!:!:!! ~!! -~ ~ CC I: I: ¡ II: I: I: C I: I: .' .,1 C ,I: ,. Ie ,., " .~. ~!!~~~;;:; '!!!!I;lr!'!'I!:!.! ¡"" ... '" '" .. "' '" .. '" ;:: '" .. .. I.. I'" '''' I'" .. ¡'": ·.M·m ; ,I I' I ",,, ' ,.~ ~ . . . . . . . .. . .'_1_ _'w~_ '-1- .1-1-1-1- _:..-;- : ~ ~!D . ~ ~ .. . ~ ~. _._" ~ ~'.¡.!~!~I.I.iY!Y!N!.i_i_! ;c I jj'S,i:¡ ¡ ¡ i i"it it: :.'::1'';&1 ~'!·¡:;1=1:altlJ.!.i311~:! ~ :i ~:E~I Ii ;;I~~ ¡I !;mã ::::::."1 . ~ .. 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C\I V W "'~ ~ .:.J **** ::I ~ ~ '" ~~ W 0"::1 ,I- ~ <:I I 0" ~ 0 Z '" ~ ':1 0 ~ a: i! -w ž i oIS ¡¡;- ~~t:! 8 ~ ~~ . en:" W CD~," a: t <z ,. :: ~ ~ã~~~~ ~z! ~¡ ~ ~§";t~~ < . <21!i~"O <00 <c! -c w~ 8 ¡::¡~ Q."'!i"'"!!i Q.f¡f¡ a:l6= ¡f"=~" :; Zc' a::e"~;,, a:~~ a:§¡¡ w~'""!!I ~ ø ~~~ ~~!!I¡:¡:~ ~oo O....! :I€I~¡: u 01 -.;;;¡~ -:. :w)o -co - L :&oJ:r-w ~;"" ~! m ~ g g ; ~ ~ ~ ~ ~ ~ ~ ~ ¡ ! 8 ; ~ ~ ~ ) J ~ /.:;; CITY OF CHULAVISTA RESIDENTIAL CURBSIDE RECYCLING CONTRACT RATES YEAR 6 RATE EFFECTIVE 7-1-96 II-~-gr, FLE: CV1=IEC796 C!J RATE MODIFICATIONS YEAR CPI ADJ BASE RATE 6 RATE '96 RETRO ADJ RATE I RATE BASIS COST COMPONENTS: I $1,76 I ($0,042)1 $1.72 ! OPERATING COSTS BACKOUfOF CPI ADJ 7/1/95 - 1291/95 ; PUBLIC EDUCATION $0.01 $0.01 FIXED AMOUNT - NO CHANGE FRANCHISE FEE $0.09 I $0.01 i $0.10 ! .ADJUSTED TO 8% AB939 FEE $0.00 $0.01 i $0,01' ADJUSTBJ TO 1% TOTAL RECYCLING RATE ! [ $1.86 i $1,84 [ TOTAL RATE I RATE SOURCES: MATERIAL SALES $1.615 $0,58 10 MOO AVG PROCEEDS (6,95 - _ : LANDFILL DIVERSION $0.786 $0,22 12 MOSAVG TONS(5/95-4¡æ)@$40.00/TONi PROGRAM GRANTS $0.043 $0,05 PROGRAM GRANTS BALANCE i I , BASE UNIT RATE III ($0.5811 I $0.2361 BASE UNIT RATE I $2.12 ! , $0.830 : RATE SOlIICE SHORlFALL ADJUSTMENT I $0.61 i $0.127 ! RATE SOlIICE SHORlFALL ADJUSTMENT CUSTOMER CHARGE RATE II ($2.3511 II $1.191 YEAR 6 BILLING RATE : SENIOR CITIZEN RATE II ($2.3511 II $0.78,1 35% SENIOR DiSCOUNT )J-/~ -- --~~_.._--_..._.._...__.,--_.__.. CITY OF CHULA VISTA RESIDENTIAL YARDWASTE RECYCLING CONTRACT RATES YEAR 3 RATE EFFECTIVE 7-1-96 FILE: CVYW196 0-2-. I YE:R I [ZJ I RATE MODFICATIONS I 3 RATE 'M REIRO I'M IIBUÐ I _ WGHT RATE I RATE BASIS COST COMPONENTS: OPERATING COSTS $2.132 $0,051 $2,061 BACK OUT c-= CPI ADJ 7/1/95 - 12/31/95 PROCESSING COSTS $0,967 $0.044 ($0.031 ($0,016 $0.962 1M RETm INCA. go REFUND." 8ði07 WEIGHT: =::::1 FRANCHISE FEE $0.120 $0.020 $0.140 AOJUSJED TO 8% AB939 FEE $0.006 $0.012 $0.018i ADJUSJEDT01% TOTAL YARDWASTE RATE $3,2451 I ($O,OO~ ($O.031~ $0.0131 I $3,220 I TOTM. RATE BASE RATE SOURCE: I BASE RA1UDJ I LANDFILL DIVERSION I ($1.656j $0,24 I ($1.415j 12 MOSAVG TONS@$40,OO(TOND!VEF;':N BASE UNIT RATE I $1.5671 I $1.6061 BASE lI<IlT RATE RATE SHORTFALL / (OVERAGES): LANDFILL DIVERSION I I {$0.739j 1 $0,661 I ($0.055j RATE SOURCE (OVERAGE) ADJUST1ÆNT CUSTOMER CHARGE RATE II $0.84811 II $1.7511 YEAR SBLLING RATE - I;!. -17 CITY OF CHULA VISTA MULTIFAMILY RECYCUNG CONTRACT RATES FOR THE THIRTYONE MONTHS ENDED: JUNE 30, 1996 &-~-. YEAR 3 RATE EFFECTIVE 7-1-96 FILE CVMF7ge YEAR RATE MODtACATIONS I Y~R I , 2 BASE RATE i RATE ADJ RATE i RATE BASIS I , COST COMPONENTS: OPERATING COSTS $1,680 $1.680 i PUBLIC EDUCATION . ] $0.010 $0.010 FIXED AMOUNT - NO CHANGE I FRANCHISE FEE , $0.120 I ($0,0031 $0.117 ADJUSTED TO 6% , , $0,009 , $0,015 I AB939 FEE $0.006 ADJUSTED TO 1% i $1,8191 I $0.002 i $1,8211 ! TOTAL RECYCLING RATE TOTAL RATE BASE RATE SOURCE: MATERIAL SALES $0.397 $0.0721 10 MOS AVGPROCEEDS (ð/95-3j96) LANDFILL DIVERSION $0,235 $0.046 12 MOS AVG TONS (7/9S-ðj!ile) @ $40_00ITON BASE UNIT RATE ] $1,1861 I $0.1181 $1.3061 BASE UNIT RATE ! RATE SHORTFALL I (OVERAGES: ! MATERIAL SALES . I $0.270 I $0,4151 i $0.1451 RATE SOURCE SHORTFAll ADJUSTMENT , $0.001 I LANDFILL DIVERSION $0.008 $0,007 RATE SOURCE SHORTFALL ADJUSTMENT' i I CUSTOMER CHARGE RATE .1 $0.9211 I' $1.4611 YEAR 3 BILLING RATE , I J 3-} 8" - --.....---.....-. - ------~-----.... - (Attachment B) øøecøøø LAIDLAW WASTE SYSTEMS INC. June 7, 1996 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Residential Curbside Recycling - Mixed Paper & Cardboard Dear Michael: I am pleased to propose to you the addition of mixed paper/cardboard to the Residential Recyclables Collection Program in Chula Vista. Our proposal is to convert two of our recycling collection vehicles to three compartments for collection of these additional recyclables. Laidlaw proposes to commence this additional recycling service as a pilot program effective December 1, 1996. This lead time provides for the time to retrofit the necessarily vehicles, set up the required routing, and complete the public education to support the program's success. Our proposal is to implement this addition to the recycling program with no additional charge to the residential ratepayers. Laidlaw would incur the operating costs and retain the landfill diversion generated and the Net Material Sales after processing. The current Residential Waste Rates under review are based on mixed paper and cardboard being collected and disposed at the landfill at $40.00 per ton. Our proposal to add this service at no cost to the ratepayers is predicated on the waste rate not being reduced for the savings from landfill diversion of these commodities. The savings in ·disposal cost for the actual materials diverted from the landfill would then be used by Laidlaw to offset the processing costs and increased operational costs. Laidlaw is assuming all of the risks of implementing this program. The market value of mixed paper in June is at $0 per ton, in May the market rate to sell it was at a charge of $10.00 per ton, and the cost of processing is approximately $17.00 per ton. The quantity of mixed paper to be separated at the curb is not known. Based on our discussions and information from other cities, we are projecting that mixed paper will equate 8364 CLAIREMONT MESA BLVD., SAN DIEGO, CALIFORNIA 92111 (619) 278-6061 FAX (619) 278-7528 @ /3 -/7 - "--- ------------- - ---_._---,--"._..~,_...,-_." to 72% of the ONP tonnage collected (approximately 187 tons/month). Based on this tonnage projection, our proposal is that if the Net Material Sales and the landfill diversion net over $35 per ton that 40% of those net proceeds above $35 be shared with the ratepayers. As a partner with the City, we are willing to take the risks of implementing the program based on these assumptions at no additional charge to the ratepayers and make the operational adjustments necessary to assist the City in achieving its AB939 goals. After we have six to twelve months experience in the pilot program, participation in the program has been established, the tonnage diverted is known, and the actual operational costs are incurred, a review of the program's costs would be completed. My hope is that this proposal meets the needs of the City; expansion of the recycling programs to meet AB939 goals with minimal impact on the ratepayers. Please let me know your thoughts so we can plan accordingly. . , ~ '""'-'C. - Daniel P. Higgins General Manager LWS96-5034/mc J :J...,.¡P . __. _n____._·___.~___.__ ..--.....- -,-,.._-,--_.--._~. ..--- COUNCIL AGENDA STATEMENT Item~ Meeting Date 6/18/96 ITEM TITLE: Public Hearing to consider testimony on the FY 96/97 levy of assessments for City Open Space District NO.1. cr!' SUBMITTED BY: Director of Public Works ',. m,ocro, or """ """ ROC'M W£---. REVIEWED BY: City Manager jC:>. YN (4/5ths Vote: Yes_NoX) U ,~ Based upon the advice of the City Attorney, agen terns 1/-, )Çand II,. have 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 Il 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 1. RECOMMENDATION: That Council open the hearing, take testimony, and close the hearing. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Maintenance District Number 1 located between East H Street and Telegraph Canyon Road, east of Paseo Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Year 1996-97. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 96/97 ASSESSMENT/COLLECTIBLE FY 94-95 FY 95-96 FY 95-96 FY 95/96 Proposed Proposed FY 96-97 Assmtf Collection! Assmt/ Assmtw/ FY 96-97 FY 96-97 Revenue EDU EDU EDU CPI per Assmt/ Collection/ Muni Code EDU(2) EDU OSD No.1 $77 $53 $81 $82.86 $86(1) $86 $56,900 El Rancho del Rey Units 1-4 (I) Assessment increase is 3.8% ($3.14/EDU subject to majority protest), plus future CPI adjustments. (2) Does not reflect subsequent year CPI adjustments. At the May 21, 1996 meeting, staff recommended an increase in the assessment from $81 to $92 per EDU to reflect the estimated cost and funds needed for FY 96/97, This represented an $11 per EDU increase. Staff also recommended a collectible of $92 per EDU, which equaled the proposed assessment. An increase in assessment was recommended primarily because of an increase in contractual services due to asphalt concrete sidewalk repair, which is a supplemental work item. This work was to make repairs to the meandering bike path on the south side of East H Street between the Methodist Church and the entrance to Southwestern College, 14 -I - ------ ---.--.-.--..- _.__..~._-,._----.._-~-- Page 2, Item Meeting Date 6/18/96 Staff now recommends an increase in assessment from $81 to only $86 per EDU, This recommendation reflects not increasing the reserve for the supplemental, one-time only work items. The reserve under this recommendation will be 50% for all on-going work items, The recommendation of $86 per EDU is an amount greater than the current year's assessment plus CPI. Consequently, the increase above CPI, $3, 14/EDU ($2,100), is subject to a majority protest. Should this occur, there will be a shortfall of funds unless Council reduces the budget or the reserves are reduced below ~ % . FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing, Contractual costs ($34,711) 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 $9,836 from the OSD fund for FY 1996-97 for City staff services. Attachments: A District Map B Estimate of Cost M:\HOME\ENGINEER\AGENDA \OSD1PH I.DDS )4-,d-. _0_'_'. , ..t. .l- S ~ oS \I J cz - '" ~ i I . t. ~ Ilf..3 C ,.~. 00 00000 0 ~ 0 N e ~ ~~ ~~~~~ ~ . ~ ~ U ~ 00 00000 0 ~ ~ N ~ _ _~ M_~~~ - ~ ~ ~ - , t--N ~OO\OM 00 ~ .., §' 'g, _ \O~r---~"': r--" (1)/'\ 0\ N N iii 00 _ Efl .., 'I:t ~ ~~ ~~ 00 00000 0 o~goo ~ .~ MII'ì -\OV~~..~ ~O\ 00 00000 0 000 ·00 . t--N llit-- 00000\0 ~ WO\ .. ..... . '("1')0" 'M ~O ..,. ._~ ;;:;!_ 00 00000 0 M. OM \Q N, " M"'d"'- ~~ ~~ ~õ~g~ ~ ~~ ~~ \Q ~ ~ ~~ ~~ " enOl oó ,,"t'--""': .,.j'''': _"~ it4 O'a_ CI? 250\ - N V"') M I,f"}M ~ Q.,fl ä: JJJ- ~ (,II! ~ """" Oeß )- U ,-0 0\ 0 0 '$. ~ .... ~ <..... 000000 0 0 O~ 00 r-- 1Iì~ ~V = V"')~O~Q. ~ 000000 0 0 00 00 . f"'-M ~- = 0\0\1Iì~0 '" '" ....,., , ...... .. - . '" '" '" . . - II .. ~ ~ ~~~~~~ ~ ~ ~~ g~ \Q ~ ~ ~ ~ bU~ UJ œ, llìNMMOOt-- 0 - O\"'d" r<"If"-. \Q "" VI _ "" i>':2u ~ o ø.. \Q it4 " "" ...... ... it4...... U (f.I .~ U O~ ~ O\~ - ::g ~ ~~ ~U-§ w _ "" iR ~"" C:::<CZI CD ü U - ¡XJ~ ~ W ~ ~ ! w "0. U - en ........ _!;j¡ ~ z ii 0 ~_Z ~ -oJ 2..( >. ~ ~ ;>. ~ ~< 0 0 t; Z Is ~ 5: 1) :::¡ 5r.Ë.; 'C!;¡ "C :1 LL. .- v.I bJ) C c.. _ c.. N Q., U) -'~ ~ ~~ ~~.g 8 ~ ~ ¡¡ ,,~ §:g-;: 5 § ~ ~ ~ .~ .§ ~.~.~ l~ ~ ] ~ ~ ~.! ... ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ ~¡:: t ¡¡ erJ!t"'oð..Se.. w ¡f~~~¡g ~¡j '0 --:>c¡j .æ crfß rI'J = o~tI)g,-~=5e= E-< œQ..ãi"'Or.I) -.¡::.£¢ 55..r::: ~ ãiv.l8 ;s~~io·~E8:~ ~ UU~§~ ~~ ig ee~~ .. ~ CU ~Q ~~·C=~U ~ ._~~ ~ c uc ~~~c ~ ]~]~]g8]j!£}@! ~ JJ~~~ ~ ~] ð~ !!!] £ ~ 14"~ _______~... .__n_..._____.OO·_. _ _ _._.... _._~_______.__,_".._"_ D5]:) I ' . . mE CITY OF CHUU nSTA PÅRTY DISCLOSURE STATEMENT ., Statement of disclosure of certain ownership interests, payments, or campaign contnòutions, on all matters ( which will require discretionary action on the part of the City Council, Planning Commission, and"all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest in the contract, i.e.. contractor, sUbco~actor, material supplier. /1 - 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list"the names" of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. .... - " - \ 4. Have you had more than $250 worth of business transacted with S"lf n¡ember of the City staff, Boards, Commissions, Committees and Council within the past tweh.; months? Yes_ No _ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contnòuted more than '$1,000 to a Councilmember in the current or preceding election period? Yes _ No _ If yes, state which Councilmember(s ): l.w!m is delJDed IS: ~/lY indMdutl~Jlmr, CO-ptrnnenhip. joi/lt I'CIIIIn, GØØdtJIkm, 6Ødtll dub. frø-I"ftIIÚZtIIÏOII C«'pØrtltiDII, rstfl/r, tfUst. TtC/li_. SJ'f/diUltl!, 'his and IIII)' «hI!/' UIIl~ dty tutti _11/I)'. diy, rrwnidptlliry, district Of «hi!/' ptJIitÍCIJlsubdMsiUlI, or '711)' «hI!/' group or I!Ø/llbÚUl/iDII tll!ting tIS II u/lil: ~ (NOTE: Anach additional pages IS necessary) Date: i Signature of contractor/applicant Print or type name of contractor/applicllnt "\.: ".\;DISCLOSE.Th.'l t{~5 IK~: 11~)61 - ~----,--,_._._._--- June 6, 1996 900 Otay Lakes Rd, Chula Vista, Calif 9l9lU City of Chula Vista Dept. Of Public Works, Engr. Div. 276 Fourth Ave. Chula Vista, Calif 91910 Dear Sir, Reference your notice dated 5/23/96 on the subject of annual assessment for maintenance of the Open Space District; I have no trouble with a modest increase if you stipulate that all such monies will be used exclusively and directly for the maintenance of open spaces adjacent or near by. I would appreciate a response assuring me that this will be the case. If necessary please forward this letter to the City Council for a public clarification. Thank you II W D. Snell ðáb ) or \S- '? /tf .,~ ,-2_c<' '",,\ le(7/'1G. '"^~ ,.--..-.-- .'. '... -'-..---~-----_._._----.._,...- Memo To: Donna Snider From: John Strasner Date: June 4, 1996 Re: Open Space District 1 annual assessment. Regarding the annual assessment proposal for maintenance of the Open Space District area 1, I have no objection to the new amount of $82.86 providing the following is met. Who ever is contracted to perform the maintenance does not kill the ivy on our wall as is the case currently. It has taken me over two (2) months to clean the dead ivy from over 100 feet of our property adjacent to the park. The cause of the dead ivy was a direct result of the current maintenance crew using foliage killer which penetrated the roots of our ivy and killed it. By all rights we should have had the park maintenance crew clean up the mess they left and replant new ivy in its place. We will not do that if the future maintenance crew only cleans the park side ivy and does not kill the plant. þ(~~r~ -- John Strasner 1369 Don Carlos Ct. Chula Vista, CA 91910-7107 421-8485 (4--7 O~D ~ \ ""R~c 'd r,!¡¿,/Civ, ---,.._...___ .._________ ".._. __..___...____ ._._u."______________._,,_~__..___.,_ COUNCIL AGENDA STATEMENT ItemA Meeting Date 6/18/96 ITEM TITLE: Public Hearing to consider testimony on the FY 96/97 levy of assessments for City Open Space District No. 10. rf( SUBMITTED BY: Director of Public Works I ttP 0;""", of PO''' wd ~ REVIEWED BY: City Manage~ ~ /1 (4/5ths Vote: Yes_No..K) Based upon the advice of the City Attorney, agenda items /~ , /S" and JJ. have 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 statetnent 1 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. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. !i 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 1996/97. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE I PRIOR FY'S VS, FY 96/97 ASSESSMENT/COLLECTIBLE FY94-95 FY95-96 FY95/96 FY 95/96 Proposed Proposed FY 95-96 Assmnt/ Collection! Assmt/ Assmt w/ FY 96-97 FY 96-97 Revenue EDU EDU EDU cpr per Assmnti Collection! Muni Code EDU(1) EDU Open Space District No, 10 $42 $71 $83 $84.91 $84,91 $84 $52,951 E1 Rancho del Rey 6 & Casa del Rey (1) Does not reflect subsequent year cpr adjustments. Staff recommends that the assessment remain the same as FY 95/96 plus a CPI of 2.3% 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 $84.91, 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 59%. Is -I _..._-------------~- Page 2, Item Meeting Date 6/18/96 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 from the OSD fund for FY 1996-97. Attachments : A District Map B Estimate of Cost M:\HOME\ENGlNEER\AGENDA\OSDlOPHl.DDS It; --do. ___...________.._n___. "--_."._---,_.,..-...._---------~-----------_.._._----_.-- . -.-. . .. --.-- - -.~ -.-- - . . < . Q ~. . ·ex Ii g..t ~b ~ ~.... >- 1 9) ~ .... t ~ 0 \) . ~ ~~ 0 . ...¿'Z . . " -- A-\\t:õc-~ ~ + "B ESTIMATE OF MAINTENANCE COSTS FY 96-97 OPEN SPACE DISTRICT NO. 10 1996-1997 1995-1996 1994-1995 Personal Services Utilities $180.00 $13,960.00 $16,200.00 Trash Collection & Disposal Water 13,781.00 Service to main bldg,struct,grds 200.00 City Staff Services 8,285.00 6,800.00 6,160.00 Contract Services 31,613.00 31,330.00 31,330.00 Landscape Supplies 739,00 740.00 740.00 Materials to main bldgs,struct. 380.00 380.00 380.00 Backflow Certification 200.00 200,00 Professional Services Supplementals Other commodities Advertising ESTIMATED MAINTENANCE C $55,178.00 $53,410.00 $55,010.00 Reserve Requirement $32,555.00 $29,086.00 Reserve Percent 59,00% 54.46% Additional reserve 0.00 0,00 Less Fund Balance $34,900.00 $36,402,00 NET ASSESSMENT $52,833.00 $44,624.00 EDU'S 630.37 630.37 630.37 Collectible/EDU $83,81 $70.79 $42.18 Percent change from prior years 18% 68% Collectible - even dollar $84 $71 Revenue ITom even $ payment $52,951 $44,756 Assessment 84.91 $83 Assessment with CPI 2.3% $84.91 Budget/EDU $87.53 $84.73 $87.27 Percent change from prior years 3% -3% Protest: /Ç--¥ F: IhomelEng ineerlOpenspacl960sd. wq 1 6/3/96 "-_._._._~ _ .··.H_"_~__.,..__..,_"._____ OSt> It) THE CITY OF CHULA VISTA PAR7Y DISCLOSURE STATEMENT Statement of disclosure of certain ownership jnterests, payments, or campaign contributions, on all matters ( which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. I.j~t the names of all persons having a financial interest in the contract, i.e., contractor, /suóêciñ'tT or, material supplier. ---.------------ 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is non-profit organization or a trust, lisfthe names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. t 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No _ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period'! Yes _ No _ If yes, state which Councilmember(s): Person is defined as: "Any individual, jimr, co-pannership, joint venture, association, social club, fraternal organization, corporation, eSlrIle, trust, receiver, syndicate, this and any other COlint)', city and count')', city, mUllicipality, district or other political subdivision, or all)' other group or combination aCliJlg as a unÎl." (NOTE: Attach additional pages as neccssary) Date: í Signature of contractor/applicant 1\-: I '-"DISCLOSE.TXll / ç... Ç"Print or type name of contractor/applicant (H.cvj~cd: 1] /30/1)0] --~ ..._~---~~-------_._-~ .."._-~--_.- COUNCIL AGENDA STATEMENT Item~ MeetÙlg Date 6/18/96 ITEM TITLE: Public Hearing to consider testimony on the FY 96/97 levy of assessments for Eastlake Maintenance District No. 1~ SUBMITTED BY: Director of Public Works O;,OC", ,fp",," "" ROC~~ REVIEWED BY' C"' M"",,, J--\ ~ ~ "' (4"" Y,~, Y,"-,,'X) Based upon the advice of the City Attorney, agen a items )~ , /!;and II.,. have 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 11 gives all background Ùlfonnation and details on open space districts in general which is applicable to this item, but does not Ùlclude specific infonnation on EastIake Maintenance District No.1 (ELMD1). RECOMMENDATION: Tbat Council: 1) Open the hearing, take testimony, close the hearing, 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 1996/97. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 96/97 ASSESSMENT/COLLECTIBLE OSD FY94/95 FY 95/96 FY 95/96 FY 95/96 Proposed Proposed FY 95/96 Assmnt/ Collection! Assmntl Assmt w/CPI FY 96/97 FY 96/97 Revenue EDU EDU EDU per Muni Code Assmntl Collection/ EDU(3) EDU(4) ELMD #1(1) Eastlake I $9,32 $4,34 $9,32 $9.53 $9,53 $8,10 $190,000 Eastlake Greens 14,08 14,08 15,24 15.59 15,59 10.65 OTC 125,95 77,31 126,20 129.10 129.10 0.00 Salt Creek I 168.32 167.38 168.32 172.18 172.18 167.74 TC Channel(2) 6.16 16.74 24.00 24,55 24.55 15.95 (I) All areas share in the cost of Otay Lakes Road medians and off-site parkways, (2) Portions of Eastlake I BC and Eastlake Greens are in benefit area, (3) Does not reflect subsequent year CPI adjustments. (4) The collectible is subject to decrease pending final analysis of data by Parks & Recreation. Staff recommends that the assessments for each of the areas remain the same as FY 95/96 plus a CPI of 2.3 % 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 less than the proposed assessment, utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings, mostly in contractual services. The reserve varies for each zone, lie -/ ---..--..-......-.-......--'.....--. Page 2, Item Meeting Date 6/18/96 FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing, Contractual costs ($102,172) 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 $32,690 for City staff services from the OSD fund for FY 1996-97, Attachments: A District Map B Estimate of Cost F:\HOME\ENGINEER\AGENDA\OSELMD1P.DDS 11e'd- - -----_._------,- . u ... .. . 0 ~2 Z ct I- :!t o zr - 5. ~ ~s c( c~o \J _ t-.,~ c: Q ·5~4. ~ A ~ j~ \II '\ ä :» r¡ 41 oj li . z g f.¡J"w t- IS ~ >-S c:(!: ~ ." ~ i t; &3 )r 1~..3 . 1 . AGRAM EASTLAKE MAINTENANCE . DISTRICT NO. I ( c:t: . . CITY OF Q4ULA VISTA 1- COUNTY OF IAN DlEGO.ITATE OF CAL.,ORNIA ~ ~ t . '. ~- - __ \ '1. ~-=':::::.... 0 . I' ~ II ",.,,~ \1);'" /f"· ~ ~ I J' ,..J/ ~~-:,. ~~ I..i V ; ,'I I 1~'1"". "-'A ~ . \\\ t I /1 ì, . ~í'~ \~ " d II /,r¡ \ I \' \\ ~ ; I I ~ \ \ ZONE 8 ( ! I __JL 1\ I r-lr~ I'i ~ -_! \ . , I J II: ":::=-::1:"--_::"' ,1' t, \I - ~~~ " L \ \ '\ II II \~ .. I // ,\', ~ - . , ~ .~~ ~ '....JL"~ ~ ~ r· 'l'~ . ~ . ~~ 1/ ~ .. . ~ ~ t . ~ ,1" ~ ~~ .1,;.... ~::::....:__.....~~ . -..._ ___ "itJ¡IIÞ .' : . ----. - - _....,.,... /b ,0 - .... ......11...... ___IIIMII . " ..11..T..~.lJUM.N--I.. . A*.A ~.. ~ --..-ct-I . 'L ..., ... ., . , RAM EASTLAKE MAINTENANCE DISTRICT NO. I <{ . ~ / . CITY OF Q4ULA VIITA 1 . COUNT~ OF IAN DIEGO, IT ATE ' OF CALI'ORNIA _ ~ 1 ~- 1? ì ( " . . , ~ / \ °r_ ~ . ,. ." \ -.. e ' . . I ~ ZONE C . & . , - I ~ ........ . - .... ,. .. ...... .. . ) /, ~5- ... "''',11'''_ 'IICIIo"""...1IfMII ........" ..4Inl .~ ~n-"·· 6. 11ft ., lIT "V .-....... I . ... ... .. . . i\+\&Ch~nt ß ESTIMATE OF MAINTENANCE COSTS FY 96-97 EASTLAKE MAINTENANCE DISTRICT NUMBER I 1996-1997 1995-1996 1994-1995 Personal Services Utilities $1,680,00 $85,560.00 $100,130.00 Trash Collection & Disposal 4,760.00 4,760.00 7,560.00 Water 93,624.00 Service to main bldg,struct,grds 600.00 760,00 0.00 City Staff Services 32,690.00 34,620.00 45,370,00 Contract Services 102,172.00 118,310.00 209,430,00 Landscape Supplies 1,990.00 2,420.00 4,970,00 Materials to main bldgs,struct. 4,884.00 5,820.00 9,500.00 Backflow Certification 1,480.00 Professional Services Supplementals Other commodities Advertising ESTIMATED MAINTENANCE C $242,400.00 $252,250.00 $378,440.00 Reserve Requirement Reserve Percent See Additional reserve budget Less Fund Balance worksheet NET ASSESSMENT EOD'S CollectibleÆDU Percent change from prior years Collectible - even dollar Revenue from even $ payment Assessment Assessment with CPI 2.3% Budget/EDU Percent change from prior years Protest: I~ ,.(, F :lhomelEngineerlOpenspacl960sd, wq 1 6/3/96 .. .--.... ---..-------.------ ---- - .--""-.-. -" - --~~----~-_.._-----_....__.._- AtI"'.oI\.....l.....t B Eastlake Maintenance District No.1 FY 1996/97 BUDGET WORKSHEET Overall Zone A Zone B Zone C Zone D Zone E OLR Eastlake 1 Greens OTC Salt Creek TC Channe TOTAL Budget 13,035 85,681 38,010 31,657 74,017 6,378 248,778 Reserve Req't 13,035 55,693 20,906 15,829 29.607 ° 222,368 Special Reserve 5,284 ° ° 73.180 ° 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 I 67.590 6,153 Participating ADT's 137,585 98,380 34,205 5,000 4,234 387 FY 96/97 Net paymentlEDU 0.00 8.10 10.65 0.00 159.64 15.91 FY 96/97 CostlEDU 0.95 8.71 Il.ll 63.31 174.82 16.50 Asmt Asmt Asmt Payment Payment Asmt> FY 94/95 FY 95/96 FY 96/97 FY 95/96 FY 96/97 Payment Zone NOLR 9.32 9.32 9.53 4.34 8.10 Yes Zone B/OLR 14,08 15.24 15.59 14.07 10.65 Yes Zone C/OLR 125.95 126.20 129.10 77.31 0.00 Yes Zone D/OLR 168.31- 168.31- 172.18 167.38 167.74 Yes Zone E 6.16 24.00 24.55 16.70 15.95 Yes Notes: 1. OLR shown as part of Zone A & B 2. Budget for OLR is for ELMDl only, balance is in OSD 31 for FY 96/97 per N. Woods 3. FY 96/97 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$5":lokror infiltration basin. 8. Zone C - Refund should be processed. M:\home\engineer\openspac\96elsp.wq 1 6/3/96 Ie, .. 7 ----------- -----"---~----- --"---- £U1DI THE CITY OF CHUU JlISTA PAR7Y DISCLOSURE STATEMENT ," Statement of disclosure of certain ownership interests, payments, or campaign contnoutions, on all matters ( which will require discretionary action on the part of the City Council, PJannins Commission, and· all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, sUb1rtJ;J/;¡,r:rr/~aterial supplier. 2. If any person identified pursuant to (1) above is a corporation or partnership,1ist the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If aný person identified pursuant to (1) above is non-profit orsanization or a trust, lisfthe names· of any person serving as director of the non-profit organization or as trustee or beneficial)' or trustor of the trust. t 4. Have you had more than 5250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes_ No _ If yes, please indicate person(s): 5. Please identify each and eveI)' person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contnouted more than ·51,000 to a Councilmember in the current or preceding election period? Yes _ No _ If yes, state which Councilmember(s): Person is defined as: ~ny individual, firm, cD-pnnnmhip, joint _/U~ tWodntion, Iodal dub, fmtÐMI ørgnnizntion, corpora/ion, I!Sltlll!, tnlSt, receiver, syndicate, this ond ony other count)', dt)' ond _ntry, dt)', nlunicipnlity, district or other politicol subdivisiu/~ or .111)' other group or combination acting os a unit." (NOTE: Anacb additional pages as necessary) Date: ( Signature of contractor/applicant I',f Print or·type name of contractor/applicant 1·\'; J '.\;DISCLOSE.Th'T) IR",,¡"'d; J 1/:.1O'JO -----.-.- ----. :TIe,." '" /r.. f., (1'1/11" 70 ~f @N5":ñ-~ Ifp-t ~ ~~ ~~#'" q6/p?, .ler.,..,.,.Rð::!;;;!¡ , 4'f'..: ()..-~~~ ~~~Â.~ J~Þ~IfeØP5tr k. ~~~P6¡f7, ~'~~' !~.,,_..., - -,.,. ... ~ ~ ~'d.- (ø/iiJ.lq~ . "'~."~- .....,...". (~ ~, 0Sf)=tF- ¡¿U'1l> I - /10 -- 9 ^ ~____u~__._ u COUNCIL AGENDA STATEMENT Item 17 Meeting Date 6/18/96 ITEM TITLE: Public Hearing to consider testimony on the FY 96/97 levy of assessments for City Open Space Districts 2-9, 11, 14, 15, 17, 18,20,23,24,26,31, Bay Boulevard, and Town Center SUBMITTED BY: Director of Public worksi... ~ O_"rrPMk",.¡ R, ~ "6P REVIEWED BY: Ci<, M_~ ~ ~ " (4/5ths Vote: Yes_NoX) The City administers 24 open space districts established over the last twenty-five years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc,) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Tonight's action continues the process for Fiscal Year 1996197, On May 21, 1996, Council approved the open space reports on assessments for all existing Open Space districts and set tonight for a public hearing to take testimony on the proposed assessments, A second public hearing is scheduled for July 16, 1996, RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 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 upon approval of the resolution. 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 for the first public hearing on the levy of the annual assessments to provide 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 96/97. 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 inf~rmation on Open Space District Nos. 1, 10, and Eastlake which were separated due to conflict of interest concerns. Background 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, l"l -I .".'-------_..," "....m___~__"~______·______m.._..~_._ Page 2, Item Meeting Date 6/18/96 TABLE 1 Open Space Districts Within the City of Chula Vista Open Space District Name Location No, 2 Lark Haven South and east of Lorna Verde Park 3 Rancho 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, and 4 North and south of Palomar, east of 1-805 8 Rancho Robinhood Unit 3 Surrey Drive 9 El Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road 11 Hidden Vista Village East H Street, east of 1-805 14 Bonita Long Canyon North and south of Country Vistas Lane 15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air ridge Northeast of Paseo Ladera and East J Street 18 Rancho 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 Canyon View Homes Rutgers Avenue, south of East H Street 26 Park Bonita West of the intersection of E Street and Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Rd, west of "SR 125" Town Center No, 1 Third Avenue, north and south of F Street Bay Boulevard - At last year's hearing, Council confirmed the assessments which included a CPI adjustment for subsequent years. Staff proposes for FY 1996/97 that the assessment be kept within that amount previously approved, increasing the FY 95196 assessment by CPr. 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 2.3 % based on the San Diego Metropolitan Area and 2.89% based on the State of California, Therefore, staff will use the CPI figure of 2,3% based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment increases equal to 2.3 % (CPI) are not subject to majority protest. Only assessment increases over CPI are subject to majority protest. \l'~ Page 3, Item Meeting Date 6/18/96 Assessments & Collectibles Ordinance 2631, adopted by Council last year, also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 96/97 are generally proposed at FY 95/96 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. Tbe 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, a total of two open space districts, OSD 1 and 15, would be subject to a majority protest on the increase (OSD 1 is discussed on separate agenda statement). Tbe proposed assessments and collectibles for Fiscal Year 1996-97 are as follows: TABLE 2 PRIOR FY'S VS, FY 96/97 ASSESSMENT/COLLECTIBLE OSD FY 95196 Proposed Proposed FY 94/95 FY 95196 FY 95196 Assmnt wi FY 96/97 FY 96/97 FY96/97 Assmntl Collection/ Assmntl CPI per Muni Assmntl Collection! Revenue EDU EDU EDU Code EDU(6) EDU 2 $34,00 $30,00 $39.00 $39.90 $39.90 $34.00 $8,466 3 267.00 204.00 267.00 273.14 273.14 232,00 29,464 4 282,00 224,00 282,00 288.49 288.49 277.00 58,170 5 243,00 229,00 275,00 281.33 281.33 275.00 33,550 6 136,00 0.00 136.00 139.13 139.13 65.00 10,530 7 95.00 39,00 95,00 97.19 97,19 90.00 9,360 8 430.00 300.00 434.00 443.98 443,98 441.00 48,510 9 101.00 93.00 123.00 125,83 125.83 123.00 47,232 11 83.00 74.00 84.00 85,93 85.93 85,00 112,288 14(2) 270.00 150.00 270.00 276.21 276.21 273,00 238,154 15 234.00 189,00 240.00 245.52 265.00(4) 265,00 15,105 17 124,00 0,00 124,00 126.85 126,85 1.00 46 18 293,00 234.00 293.00 299.74 299,74 228.00 88,361 20(5) 203,00(1) - - - - - 694,700 Zone 1 DB 36.67 0.00 45.28 46,32 46,32 0.00 (7) Zone 2 RC .19 0.00 3.44 3,52 3.52 1.01 (7) Zone 3 H 3,73 3.55 4.90 5.01 5.01 4,55 (7) Zone 4 BC 18,25 ,78 18,25 18.67 18,67 11.00 (7) Zone 5 I 187.62 83.82 275.15 281.48 281.48 278.26 (7) Zone 6 II 0.00 211.41 211.41 216,27 216.27 209,12 (7) Zone 7 III 9.39 5,59 130,50 133.50 133.50 10.55 (7) Zone 8 NDB 0,00 0,00 30,09 30.78 30,78 0.00 (7) Zone 9 TCC 0,00 16.61 23.89 24.44 24 .44 16.02 (7) 23 335.00 205.00 335.00 342,71 342.71 63,00 3,519 24 432.00 341.00 502.00 513,55 513.55 377,00 15,080 26 394.00 356.00 394,00 403.06 403.06 302.00 5,738 31 407.00 0,00 407,00 416.36 416.36 262.00 90,495 33(3) NA NA NA NA 1029,00 686.00 12,348 \ì."~ ---_.."--- ----~-_.~--"-- - Page 4, Item Meeting Date 6/18/96 OSD FY 95/96 Proposed Proposed FY 94/95 FY 95/96 FY 95/96 Assmnt w/ FY 96/97 FY 96/97 FY96/97 Assrnntl Collection! Assrnntl CPI per Muni Assmnt/ Collection! Revenue EDU EDU EDU Code EDU(6) EDU Bay Blvd. 889,00 31.00 1291.00 1320.69 1320,69 1311,00 13,110 Town Centre 45.00 39.00 45.00 46.04 46.04 12.00 12,000 (I) Represented average residential assessment in SPA I. m Assumes Sweetwater Authority does not pay (pending agreement), (3) Per Resolution No. 18127, assessment and collectible set for FY 96/97 (first year assessment & 18 units), (4) Assessment increase is 6% ($19.48IEDU subject to majority protest). (5) Collectible adjusted for available figures, (6) Does not reflect subsequent year CPI adjustments. m Revenue for all zones included in overall District 20 amount. In general, all budgets have increased due to adjustments in water cost (1.20%), contract services (1 %), and City staff services (20%), The increase in water cost for most districts is based on water rate increases, and reflects historical use figures which have increased due to less rainfall. The increase in contract services is due to a CPI clause on contracts. The increase in City staff services for most districts is due to the addition of an open space inspector/maintenance worker as proposed in the 1996-97 Open Space budgets, If this position is not approved in the budget, the collectible will be revised. Savings from prior years are proposed to be used to supplement the property owner collections to provide the revenue needed for FY 96/97 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 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 CPI amount allowed by the Municipal Code each year. 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 EOU for FY 96/97 represents, in most cases, the prior year's assessment with an inflation factor of 2,3%. The assessment per EOU 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 EOU reflects impacts of the reserve requirements, ending fund balances and savings, For a detailed outline, see Attachment A. FY 95196 Proposed Proposed FY96-97 FY94-95 FY 95196 FY95-96 Assmt w/ FY96-97 FY 96-97 Revenue . Assmt/ Collection! Assmt/ CPI per Assmt/ Collection! EDU EDU EDU Muni Code EDU EDU IOSD No, 2 $34.00 $30.00 $39.00 $39.90 $39.90 $34,00 $8,466 Lark Haven Staff recommends that the assessment remain the Same as FY 95/96 plus a CPI of 2,3% as set forth in the Chula Vista Municipal Code, However, staff recommends a collectible of $34 per Equivalent Owelling Unit (EOU), which is less than the assessment of $39,90, utilizing the fund balance to make up the difference. Funds are available to do this \\ ~y _.'"'-- - ---'-.-.-.-.-~--.'.--. Page 5, Item Meeting Date 6/18/96 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 $1,963 for City staff services from the Open Space District Fund for FY 1996-97, FY 95/96 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt wi FY96-97 FY96-97 FY96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU OSD No. 3 $267.00 $204.00 $267.00 $273.14 $273.14 $232.00 $29,464 Rancho Robinbood Units 1 & 2 Staff recommends that the assessment remain the same as FY 95196 plus a CPI of 2.3 % as set forth in the Chula Vista Municipal Code, However, staff recommends a collectible of $232 per EDU, which is less than the assessment of $273.14, 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 $5,720 for City staff services from the Open Space District Fund for FY 1996-97. FY 95/96 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt w/ FY96-97 FY 96-97 FY 96-97 Assmt/ Collection! Assmtl CPI per Assmti Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU I~SD No.4 $282.00 $224.00 $282,00 $288.49 $288.49 $277.00 $58,170 Bonita Ridge Staff recommends that the assessment remain the same as FY 95/96 plus a CPI of 2.3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $277 per EDU, which is less than the assessment of $288.49 per EDU, 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 $9,092 for City staff services from the Open Space District Fund for FY 1996-97. FY 95/96 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt w/ FY96-97 FY 96-97 FY 96-97 Assmti Collection! Assmti CPI per Assmti Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU [OSD No, 5 $243,00 $229,00 $275.00 $281.00 $281.00 $275.00 $33,550 Southbay Villas Staff recommends that the assessment remain the same as FY 95196 plus a CPI of 2.3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $275 per EDU, whicb is less than the assessment of $281 per EDU, 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 $5,494 for City staff services from the Open Space District Fund for FY 1996-97. \l-'S ---_...__."--_.._----_..---~._,-----_..~._..._-,._..-.,-_. Page 6, Item Meeting Date 6/18/96 FY 95/96 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl cpr per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU OSD No, 6 $136.00 $0.00 $136,00 $139.13 $139,13 $65.00 $10,530 Hilltop Vista Staff recommends that the assessment remain the same as FY 95/96 plus a cpr of 2.3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $65 per EDU, which is less than the assessment of $139,13 per EDU, 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 90%. The General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY 1996-97. FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmt/ CPI per Assmtl CoHec- Revenue EDU EDU EDU Muni Code EDU tion!EDU OSD No, 7 - Zenith $95,00 $39,00 $95,00 $97.19 $97.19 $90,00 $9,360 Units 2, 3, & $ Staff recommends that the assessment remain the same as FY 95/96 plus a cpr of 2,3% 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 $97.19 per EDU, 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 1996-97. FY 95196 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 . Assmt/ Collection! Assmtl cpr per Assmtl CoHec- Revenue EDU EDU EDU Muni Code EDU tion/EDU OSD No, 8 $430,00 $300.00 $434.00 $443.93 $443.93 $441. 00 $48,510 Rancho Robinhood Unit 3 Staff recommends that the assessment remain the same as FY 95/96 plus a cpr of 2,3% as set forth in the Chula Vista Municipal Code, However, staff recommends a collectible of $441 per EDU, which is less than the assessment of $443.98 per EDU, 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 53 %. The General Fund will be reimbursed $8,000 for City staff services from the Open Space District Fund for FY 1996-97. \l~L. --.-- --'.-.---.---..-----,.--.-,.--. Page 7, Item Meeting Date 6/18/96 FY 95196 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt w/ FY96-97 FY 96-97 FY 96-97 . Assmt/ Collection! Assmtl cpr per Assmtl Collec- Revenue EOU EOU EOU Muni Code EOU tion!EOU OSO No.9 $101.00 $93.00 $123.00 $125.83 $125.83 $123.00 $47,232 Er Rancho del Rey Units Staff recommends that the assessment remain the same as FY 95196 plus a cpr of 2.3 % as set forth in the Chula Vista Municipal Code, However, staff recommends a collectible of $123 per EDU, which is less than the assessment of $125.83 per EDU, 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 1996-97. FY 95/96 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl cpr per Assmtl Collec- Revenue EOU EOU EOU Muni Code EOU tion!EOU [~SO No. 11 $83.00 $74 ,00 $84.00 $85.93 $85,89 $85.00 $112,288 Hidden Vista Village Staff recommends that the assessment remain the same as FY 95196 plus a CPI of 2.3% 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 $85.93 per EDU, 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 52 %, The General Fund will be reimbursed $18,710 for City staff services from the Open Space District Fund for FY 1996-97. FY 95196 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl cpr per Assmtl Collec- Revenue EOU EOU EOU Muni Code EOU tion!EOU ~OSO No. 14 $270,00 $150,00 $270.00 $276.21 $276.21 $273.00 $238,154 Bonita Long Canyon Staff recommends that the assessment remain the same as FY 95196 plus a cpr of 2,3% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $273 per EDU, which is less than the assessment of $276.21 per EDU, 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 63 %, The General Fund will be reimbursed $36,998 for City staff services from the Open Space District Fund for FY 1996-97. Sweetwater Authority owns a residential lot for future construction of a water tank within OSD 14. The above mentioned assessment assumes Sweetwater Authority does not pay (pending agreement per Resolution 17957). \l~l ..--,.-.-.............-.., ---------- --- ----------------.....- Page 8, Item Meeting Date 6/18/96 FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmt/ Collec- Revenue EDU EDU EDU Muni Code EDU(I) tionlEDU OSD No. 15 $234.00 $189.00 $240.00 $245,52 $265,00 $265,00 $15,105 Bonita Haciendas (I) Assessment increase is 6% ($19.48/EDU subject to a majority protest). Staff recommends an increase in the assessment from $240 to $265 per EDD to reflect the estimated cost and funds needed for FY 96/97. This represents a $25 per EDU increase. Staff also recommends a collectible of $265 per EDD, which equals the proposed assessment. An increase in assessment is recommended due to increased water costs, City staff services and còntractual services for the district. 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 1996-97. The increase above CPI, equaling $19.48/EDU ($1,110 total revenue), is subject to a majority protest. Should this occur, there will be a shortfall of funds unless Council reduces the budget or the reserves are reduced below ~ % . FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tionlEDU OSD No, 17 $124.00 $0.00 $124,00 $126.00 $126.00 $1.00 $46 Bel Air Ridge Staff recommends that the assessment remain the same as FY 95196 plus a CPI of 2.3 % as set forth in the Chu1a Vista Municipal Code, 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 $1,082 for City staff services from the Open Space District Fund for FY 1996-97. Staff recommends collection amounts of at least a minimal amount ($l/EDU) to ensure that the Open Space District collectible is on the tax bill serving as additional disclosure to property owners. FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU MuniCode EDU tionlEDU OSD No. 18 $293.00 $234.00 $293.00 $299.74 $299.74 $228.00 $88,361 Rancho del Sur Staff recommends that the assessment remain the same as FY 95/96 plus a CPI of 2.3% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $228 per EDD, which is less than the assessment of $299.74 per EDD, 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 1996-97. \l~<? ----,- ~ -_.._----"~-_.__.._~..--~~.._-_..- - -----..--------------..-----..----.-..-..--'"-- Page 9, Item Meeting Date 6/18/96 FY 95196 Proposed Proposed FY 94/95 FY 95196 FY 95196 Assmt wlCPI FY 96/97 FY 96/97 FY 96/97 AssmntlEDU Collection! Assmntl per Muni Code AssmntlEDU Collection! Revenue EDU EDU EDU(I) OSD No. 20 - - - - - - 694,700 Rancho del Rey Zone 1 - Desilt Ba- 36.67 0.00 45,28 46,32 46.32 0.00 sin Zone 2 - Rice Can- .19 0.00 3.44 3.52 3.52 1.01 yon Zone 3 - H St. 3.73 3.55 4.90 5.01 5.01 4.55 Zone 4 - Business 18.25 .78 18.25 18.67 18.67 11.00 Center Zone 5 - SPA I 187.62 83.82 275.15 281.48 281.48 278.26 Zone 6 - SPA II 0.00 211.41 211.41 216,27 216.27 209.12 Zone 7 - SPA III 9.39 5.59 130,50 133.50 133.50 10.55 Zone 8 - North 0.00 0.00 30.09 30.78 30.78 0.00 Desilting Basin Zone 9 - Telegraph 0.00 16.61 23,89 24.44 24.44 16.02 Canyon Channel (I) The collectible has been adjusted based on fmal figures from Parks & Recreation and is subject to City Council approval, Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is approximately 50% 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. TABLE 3 Typical Combined Assessment (FY 96-97) SPA I (Zones 1 or 8, 2, 3, & 5) $305 SPA II (Zones 1 or 8, 2, 3, & 6) $271 SPA III (Zones 1 or 9, 3, & 7) $147 Business Center (Zones 1, 2, 3, & 4) -- Industrial (per acre) $833 Commercial (per acre) $1028 Staff recommends that the assessments remain the same for each zone as FY 95/96 plus a CPI of 2.3 % 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. Also, the improvements are being constructed in phases and not all phases are anticipated to be turned over to the City for maintenance during FY 1996/97. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum) over \ \.-'1 ~~~_..--------- Page 10, Item Meeting Date 6/18/96 5 years. The General Fund will be reimbursed $89,581 for City staff services from the Open Space District Fund for FY 1996-97, FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collectionl Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tionlEDU I~SD No. 23 - Otay $335.00 $265.00 $335.00 $342.71 $342.71 $63.00 $3,519 Rio Business Park Staff recommends that the assessment remain the same as FY 95196 plus a CPl of 2.3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $63 per EDU, which is less than the assessment of $342.71 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 1996-97, FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmt wi FY96-97 FY 96-97 FY 96-97 Assmtl Collectionl Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tionlEDU OSD No. 24 $432.00 $341.00 $502.00 $513.55 $513.55 $377.00 $15,080 Canyon View Homes Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY 95196 plus a CPl of 2,3% 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 $513.55 per EDU, 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 $3,343 for City staff services from the Open Space District Fund for FY 1996-97. FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmtwl FY96-97 FY 96-97 FY 96-97 Assmtl Collectionl Assmtl CP1 per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tionlEDU OSD No. 26 $394.00 $356.00 $394,00 $403,06 $403.06 $302.00 $5,738 Park Bonita Staff recommends that the assessment remain the same as FY 95196 plus a CPl of 2,3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $302 per EDU, which is less than the assessment of $403.06 per EDU, 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 1996-97. \ \. -It> Page 11, Item Meeting Date 6/18/96 FY 95196 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmtwl FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU OSD No. 31 $407.00 $0.00 $407.00 $416.36 $416.36 $262.00 $90,495 Telegraph Canyon Estates Staff recommends that the assessment remain the same as FY 95196 plus a CPI of 2.3 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $262 per EDU, which is less than the assessment of $416.36 per EDU, utilizing the fund balance to make up the difference, Funds are available to do this because of saving from prior years and turnover of improvements did not occur. The reserve under this recommendation will be 10 %, and will increase to 50% over five years pursuant to Municipal Code. The General Fund will be reimbursed $13,047 for City staff services from the Open Space District Fund for FY 1996-97, FY 95196 Proposed Proposed FY94-95 FY 95/96 FY95-96 Assmtwl FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU Bay Boulevard Open $889,00 $31.00 $1,291.00 $1,320.69 $1,320.69 $1,311.00 $13,110 Space Maintenance Distict Note: Costs of this district are shared between four commercial properties, Staff recommends that the assessment remain the same as FY 95/96 plus a CPI of 2.3 % as set forth in the Chula Vista Municipal Code, However, staff recommends a collectible of $1,311 per EDU, which is less than the assessment of $1,320.69 per EDU, 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 $8,129 for City staff services from the Open Space District Fund for FY 1996-97. FY 95196 Proposed Proposed FY94-95 FY 95196 FY95-96 Assmtwl FY96-97 FY 96-97 FY 96-97 Assmtl Collection! Assmtl CPI per Assmtl Collec- Revenue EDU EDU EDU Muni Code EDU tion!EDU Town Center Open $45.00 $39.00 $45,00 $46,04 $46.04 $12.00 $1,000 Space Maintenance District Note: Methodology spread based on 1/2 of the valuation and 1/2 the front footage, Staff recommends that the assessment remain the same as FY 95/96 plus a CPI of 2.3% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $12 per EDU, which is less than the assessment of $46.04 per ED U, 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 $20,977 for City staff services from the Open Space District Fund for FY 1996-97. \ t· It _.__·_u . u.. ._.~,__,...___~_____._.__._~....._ Page 12, Item Meeting Date 6/18/96 ~ The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks 10 days before the second public hearing, OSD's 1 and 15, proposed for assessment increases above the range previously noticed, have more stringent notice requirements. Staff has mailed notice of the hearings to all open space districts. The notice has informed the resident of his/her district, the current year assessment, the CPI adjustment and the proposed assessment for FY 96/97. The 2 districts (OSD 1 & 15) which are proposed for assessment increases, were notified that any increase in assessment above the CPI adjustment may be overruled by a majority protest. The Parks and Recreation Department will conduct information meetings for all property owners within each district this month. At the meeting, staff will explain 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. FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data Processing. Contractual costs ($828,000) 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 1996-97 is estimated to be $257,500. 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NNO\-- 0\ 00 "" - "'''' ~ ~jE Ot"l_gg_ooo.,., ¡:!1 V")~I' V"IN N OCNf"oooOC V"IM .,., .c ... c OÔMMr--:'Óv:Sr-: r:U rn- '-'__N_M - - 1"1 ~ '" '" '" ONOO_\COf'OO §. '" ~ .. ~.,.,eo: MO-NM 1"1 Mt"'\t""I\C t"I O\ti .. .. .. .. r: ",.,.,0\0\ r-- >-00 _ _ 1"1 r-- ¡,.,"g 1"1 1"1 CQ ~ r--t! 'f')\COCt""l-t'---ON t"I t"I $8 OO\Ctf"¡NN-\c 1"1 t"I <"I t"-U'ìV)N--.:tf""oo. r-- - - 0\ ~ .. .. .. .. .. .. ÑÑ Mf"'o-\co\\Of' >- MV"If'MV"iN 00 00 ¡,., 00 - - - . . - - ~ r--št! OOOONr--OOON $1 ~~8 ~N 0- N 1"1 0'" r-- "1.-û .¡: ",,' 0\ >- <"I <"I ¡,., ~ ... .. ... OONOOO\V"I-OO ~ ~ ï: -g' .,., ~_O\MOOOOM "" .,., "g1A" ",,,,r--,,,<"I"" .,., ~ .. .. .. .. .. .. t CQ~ O\MO\-OC- ir-- NNON- <"I ~ $ 00 ~ 0\ ~ ¡eo:ü tnOCl~f'P')V\NOO= II! >- 0\ tl¡ oo OCN OC_f"")('f" - ïs ¡,., t: 11.] r--r--oo"" 000<"1 o. M .. Po ... .. .. .. 00 .2r--15 t: CQ t"It"INNoo'" _f"'\..-CN- <"I ! i ,~ .,.,- r-- ~ ~ ii .! 0 2 .......Ss ~ 00\ 0 =~ B~~~ 1 ~~1"" N .,.,t"I 8 ... C 1"1'" . ið ~ _Urñ~-N<"Itð 11~~ ... J ,- i ... 8 ·_«<z "i!5å1 ~~~~~~~§~ ~ ~ N-g- 'P i _NM."'\oI'OCQ:\ !!a! ~ ~ ~ ~ ~ ~ ~ ~ ~ 11 ~~~~~~~~~ ~ "':f'irr\-.t ~ II: :I ~ ,'t) /7-;..g .--_.._,.~-- --- ..---...- Rancho del Rcy Open Space District No. 20 Annualized Costs AIIIOUDt ACCUlllullted for Fileal Van: 90-91,91-9 IT 96-97 ~.. Descriptio. 92-93,93-94, 94-95, 9S-9fi Amouat Work Descriptio I IlJeSUIIn¡ tlaSm ~134,KIK III ¡ua. m awn_ce (evei)' , years) IIE.HSI. S33,5oo SO S1IbÎliZlliOD _ ....-~ (every 3 years) . S3,649 Miscelllneous ~ Rice Canyon 54,365 $0 SII¡in¡ Area· A.C. overlay ODd IIrí Ie (every 5 yèmO Tnil uea SI,368 1228 SIqiD¡ _ ...._..,.. (30 _ period) S12,460 SO Miscellaneous 3 E. H stteet $0 SO 4 SPA I Phase I S24,012 14,002 MODlDDentation Jq>loccmcnl (3Q-yr period) (Business Or.) 5 SPA 1, Phases 2-6 S223,742 S34,617 Theme wall &; lIIonlDDent Jq>loccment (3Q-yr) 6 SPA 2 $0 SO 7 SPA 3 SO SO 8 Desilting Basin SO SO Access Road to be built. at Glen Abbey 9 Telegraph Cyn Channel S722 S722 Money on deposit pending payment (SPA 3 area) otal 5438,636 139,569 NOleS: 1. Zone 2 - SI2,044 from mise reservc used formtc (95196) 2. Zone 2 &; 3 - Amortized cost for walls not determined 3. Zone I - S26,230 (5 yrs) &; S6,7OO (3 yrs) for db &; stabilization structwcs not collected beyond 5 yrs per Code; Zone 2 S873 (5 yrs) for AC not collected. 4. Zone 8 . Amortize cost at 2'years pcndin¡ constructi~n of ICOCSS road 5. Zone 9 . See TC spreadsheet for cost brakdown on channel. 6. Zones 6 &; 7 - Them. walllmonlDDcntatÎon 10 be added. 7. Zone I . Add S8,065 10 reserve for FY 97198 (mise). 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CI . ~ ~ ...~ '" ~i g ~...~~ ~~ b '~ ~ I - OPEX SPACE DISTRICT XO. 31 cm OF CH\i1A VISTA- .. COt:~"TY OF SA." DIEGO. 51:ATE OF CALlFOR."1A TELEGRAPH CA..~YO~ ESTATES " · . Ie. ) ... . - · . ". II . . . i' i' .. . I.. '.. ~.. "I'" ¡¡ , , . . . '. I .~ . I , · .....,..,.. . I _or I I , : , , i ~ - - } .rc:""-CI 'S «lit" t6AX to -·1 cou-.- or "111I 0·100. &II11S0tI .AICI. ..... tOIl XtMU I"''''''' or _ _ ...u.L ... _.....I1IC.. M _ _.orM . em 01 c.U..I VII-., .'al1 or C6L~~"IA. .. p,.,:r.s or .MO 1-cÞW't 011 -.. MlIIlilDE~ AlSllswe..' ,.... .... . lA, ..StlS.CMf ... .&v,C) III "c m-- lA' or --, . ,"¡. IItrelc,," . _ to ... . seSS.ror' ...... ItCCOIDtO II TNt O"'ICI or ...c c·'" ENCI.."II '011 nc cuc' _ or c_ .s.s..... .IVC' _, c.... -,.en or ....., l-ow-t 011 1M' ..., AlltllME'" -.... . 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I , .. ... , I Þ..+r.c.t- I . ·-4" Sr. &oW\cla'l .Il/flft'W'. . .f . """""4of^(¡, . . . ~ c:i (11~.(J61'.' ) . ~ - ~-- ~ ... f( It¡ .::Ioo4Y'$ INI<I . Þlø "If ~ '" ¿.IJDti. Qc (41~.(J11'34) ~ . . · CD II) · . ~ -- ~ 4L TD~I TØ - . - I ~4S rlifu/~,cAlT - , -. I i (I' ., ·(JI I., .,) ~ · I ... . · I CD · I 'q: I -- .... ~ø"p 4)(c,., 'I - . V) - == IfI,sr,ø.VIt.A r ct Y' 'U Iii .... - . - ~ - - " II' 0 " II ¡:: " . ST. · Ii .~ · 11 .. . - - II . - - " j . t · ,...... "z '0 rnu .A. . BAY BOULEVARD ~i.o- /7-45 ,." 04-19-89 .LIGHTING a LANDSCAPING DISTRICT e· .. - -- --_._..._-_._-~._---._- - ~ - - - - -- ~- --------------- u _....... . ( - . f .. . - . . . ·4· . . ."...,. . . @ ~~~.~~.I . . .".., @) Þåt:h-i c.t @) ~""i : . #"·#1 e . ,&o&.iyui....y. , . . @> . A$$I.$$(J/l· .,,,.,, 111':IJJ ~' ø(J"~ (!) ""., .,'ø .' ",I 6~ß (!) ,,".,. · ",,-"1 ø ø /Uti·'. IU ""- " OJ . æ ""., .~. ~ ."-13 @I ~ #1'·'4 0 .', (!) (J~"·16 ~ 117'·/1 @ . ø (J"" ·14 ~ 0 . . 117'-'. ID (}~4 ;/~ 0 . 117/-" , (J104·11 "AII'".$(f') .. II..T . 8 ,SI·I' ,.,- z. o ISI·~ ,.'.(JJ . ~ I. '.(J4 ~ ~ . e ISZ·I. I . ~ o 16Z·I. . i . ... @ ISZ'I" C) ~ I V) o ISI·11 Q: I.'· II} S ... ... = Q 1'1"" :t ,.,-" ~ . ~ I ., .... ,.,-/Z 0 . ~ . , 0 ~ 0 - ,- . . ,.,-,. '.'-.11 @ -- : S T E 44 T ts.rr -l~' 2 Î , _ '- , roU .0""'« .~ ( . OWN ,,,: "IN" TOWN' CENieR NS I Silli:T J./~H'IN(; ./ DATE: J.øJN!)SC':P£ M':/NT-=N~,vC= DISTlllcr . 17-J/{¿, -..... .- - ---------,-~,_.._------- . _. u _ o. -- . . ..." .. - ::.,.... ....'.... ~ .. 0 , '- . ~. ...- ~ :-. .-.'.- . ......".~-- --- ) , . .oF- .. .$ r ¡If 1-4 .__. .- . .. It .... .. . .' ,I .. ~ ~ a . . ... . . . . 2-. __.. " R a . .. · -. ..4e . .. ~ . Z"Ii/J . Iii _. 0 . .- . \ -(þ~-:' · · . . . - . . · . . .. _. · . . . . Oi.+rIC:~_· . . 2>CKA~åa'"t.. - S4SSi!JI1S . . -~.. ."Ii/J·I ,ø"þ/t . II. I~ð · --.-.- .. ...~ · - · '. . - ..... o ... .' --@- Z1fJ ·13 11" .(;4 · - . ---.. . . - ---1 ... . '1$1:'01 . ..- - JI,.fJJ ~IT'f . --- . -H,( "... . " . 0_.- ... '. ..., t$~ . -... ... .. ~ .. . ....... . -, - .-..... ~ . --.. _.. . PARK WA YO. . .. ._.. . 31"'13 0 0 . . ~ IN·IS 0 .... t( IIØ'" 8 IØ#--'if,o " . · 0 .:t · . " ISØ·" 8 , "(i" STR.4T .. !1iU OJ' !. Z-I 'ILE NO .JQ.()t;J'I1 OW", IY: JIWJ 'ï()~VIV C£Ni,,£ . V~ r STñ'£!T llGHTINt:i t OAT! : l.AN;SC":,':'£ ,"''':,Ni':N,.:,vC$ Ol6il?Ier .+.... ..+ ~ -~+.. --"--.--,,--".. , June 6, 1996 900 Otay Lakes Rd. Chula VISta, Calif. 91910 City of Chula Vista Dept. Of Public Works, Engr. Div. 276 Fourth Ave. Chula Vista, Calif. 91910 Dear Sir, . Reference your notice dated 5/23/96 on the subject of annual assessment for maintenance of the Open Space District; I have no trouble with a modest increase if you stipulate that all such mOlÙes will be used exclusively and directly for the maintenance of open spaces adjacent or near by. I would appreciate a response assuring me that this will be the case. If necessary please forward this letter to the City Council for a public clarification. Thank you!! W. D. Snell 051) \ or IS" ? -c- J /7-48 ? c-'" 'd "Ii /'1(, ..... ..~._-----"-,--~._--_._- \ T -fori .¡p /7 "'.11 ~/'1(", June 12, 1996 City of Chula Vista Department of Public Works Engineering Division Attn: Donna Snider This letter is in regard to the your Notice of Public Hearings dated 28 May 96 re: City Council annual assessment of Open Space District areas of Chula Vista. As a resident of Bonita Long Canyon, ODS#14 I am against your intentions of of increasing the assessment of the open areas for the following reasons: a. I have not seen any maintenance people maintaining the areas. Dead Bushes, weeds and grasses during summer time are not cleaned which are all fire hazard to the community. b. Last year I called your office requesting a clean up of of the back of my house (which is an open space, because I feel that those brown trees/grass are fire hazard. Somebody in your office referred me to call the wildlife. wildlife told me that those areas can not be cleaned because a special specie of birds are living their. If birds are priorities over protecting our houses 'from fire then let Wildlife pay the taxes for those open space. I think its just fair for all residents of Bonita Long Canyon. c. People who bought houses (speaking for myself) in this areas are losing money and can hardly pay their exorbitant property taxes. Property owners in our area have lost a lot of money and still the City or member of City Council have the nerve of increasing the taxes of these open areas which is another additional burden on their pocket. Can the City think of something to help out residents hold/stay in these areas. DON'T DRIVE PEOPLE OUT OF CHULA VISTA/OR BONITA LONG CANYON. I a very concerned citizen and hopefully what I have said in this letter will make each and everyone in City Council to consider that increasing or putting another money burden on our part is unbecoming and unconsiderate. . Lß='" ~ ~~ /Mrs. elicula Ban a. /.'1 ~'d "/\1(Cfk /7-50}y OSL> ~ \~ -~-.-. .~._._"_.m @B d/~ . To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: TIf:llp A "RnWAT' !lit Address:_ - 7 _._._.--_._---~--- ----------.- .<IÎ~.-.----._--------.-.-. -... ...........-.....-.-.. June 18. 1996 S Date -.-'''---.,----.----..-----.--.-----------.-.----. ~--~ ---..---...----...-----.--.-.----.---- As a 27 year resident of the Country Club area. it has been apparent to me that the existing traffic barriers have produced a dramatic reduction in traffic speeding and accidents. However. some drivers still cut corners across opposing lanes and are heard to impact the rubber pipes. The proposed permanent median islands would clearly further improve both trafOL and pedestrian safety as well as provide significant visual enhancement to the area. Therefore. I strongly support and urge your vote of approval to proceed with construction of the median islands as designed by the Public Works staff who have spent many hours over the years on this issue. All the attention and efforts by City Council and the Public Works staff are very much appreciated. /9-1 ~' To: Chula'Vista Mayor and Chula Vista City Councjl This is to confirm our support for you to approve the construction of median islands on Country Club Drive in Chula Vista as recommended to you by the Director of Public Works at the May 28. 1996 City Council Meeting. This has been an ongoing project with the City Council for the past eight years. and the construction is urgently needed to improve safety and reduce traffic speeds in the area. We sincerely recommend approval at the June 18. 1996 City Council meeting. Robert and Patricia Crozier - ----~---- - ---_._~--------,----------_.. / -- ..---' June 12. 1996 ----------------.-----.-- _.._._--------_._----~- ----.-.---.-.---..-.-..-------------.- --------------_.._-'- ___.._.______..______._____M__._____.________· /t-:l. - @B To: Chula Vista Mayor and Chula Vista City Council . This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: ;Ø_L4 / ::I~ ~~ ¡!dt/C:V~ , Address: - - ----- ¿I~ ---------.. q~/S; /97f , . y Date -..--".---..-------..--,...-.------..--.--- -----.-----....-.-------------.--..---.---- _._.~--._--------,-._-----,-- -..-----.-..--.-...-..----------- --- ._~--'--_._---------------,------~.._--~-- /3-3 - ...' @B . To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: ~ a~ Address: - (2~ L--, Icy" ~:-y--. 90 .--- (; )/1/ /9t - .- Signature Date \ ~~Jo- ~~cff2--.~~ ~ >~'~M -~'Itt-o ~ ~ ' ~-- c/t.¿ p¿ß7tJ . ,) þ~~ JtJ~~ ~~~( ~~ ~C2-. If-J/- ",.. - ~B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for ~u to a~rove the construction of median islands on untry ub])rive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expecb you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: Atihimn ~eaf ~D~C~f/ , , Address: / I , ~~ . -------'.. 0/1,?/q& , Date -.-------.'.----.'.--.-"--- l --.--------..--.- ~ lib- 'V~ Win.1 ~V\~U~ lD 1W~ i'hUt- ~ ~i~ ~ WMtYwiiOY1 t ~ I'iJVJuð& mJ¡MIÀ-. . D(-f ()nß ðV\ ~ IM~ IJY\ 1vtt ~ /dgcK" fr ViIf 31 YCO( "j, J LìI\I.., W1ÞJV\ iV1~ ~ o}1L ~ j1) f~ ~(ai ~ IV\ 1Iv ~ ~ OJY\ "\'UJt 1\IIr; UtA -w ~,Qo¡,¡~ ~'~ \ llLVli\Y1') ~ ~ ~(Ww.~ Ie, if' ac~~ a 12--~ '¡jYœt; Wt JJAA'r 1\ot it wt1W¡J ~ ú\ ~ if1u- iÞ r1 /K~ ~ "'. . tv ~ ~ ~ of ~~ærJ Vwc- -t'eY1A0 Of ~'F~ -li~ ~ µ 'YUJÏ ~ ~ J!ímd IJY\ 1ht Jsid£W~iVì ~ ~ 6Yl ~ J6.Ó1-- of cW-t ~\ {)J:y it í0 0 (il~ r C»M. .J I&h 1fLUaJi jv ~ ~oL ~ 1Ws- ~~I ()f.- 1h/,Vc- ofC/ iJJdjJ;~ .~ &rax ~ ~~. . 1V\0vv\X\ \ ~~ l 1/J()JÁ , ()JJfw~ - /f-~ '\)' ~B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expecD you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: Gt t...--¡fl Qoe....\2,e.., Address :_ ~ . ~ - It - q£ ! Date ., qç +v ha,v"ì ~ f,.. uc;\l. ~ L't' Ove.('" 0'1 o ul . G() .( '1 f!./ Q"cJ 9~.....d \"'1 CL -p<.;, '3 è"4, e/ O!(~ \ '\ GJ\ Q. ~ 1> lJ 1 Q '\ce.. J '1+ b ("c..C\,-e. CA. f f (~.I~'"'\ + -+ ~CI 4- 'tl.e.. c..o,-." +í'v vA to'"' eft . '1'/ (, J-. Co\. '"'\ \9((À.....d,~ wO vI d G 0')+,...'; b ui-E +ò Q. S 4-~e.< n ~ V{ \, bõtl; ù() d . I CL 1~'¿ ~ (, 'G. +e.. Q"d loa\¿ 1o/wG.ý cl -+CJ '.1 uff'ûA . ~ you( ,-( ""a. '"'\ \¿ you 1 ., CrL- /5-7..,. - ~. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: r:; / €Aloh'/L U/DOP Address:_ ~ , ,q {I - , ~ L 06/r'f /9(, / Slg rlate ".,1. I%-g_. . - @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. /n/~ f-/?,Î/-r /l¡;~r:/ - Name: / V" r /f f' r- " Address :__ )r Il/(' I - &/y/1; < ...,-...--'" )/t L· <-- ¿/ýY Sign / Dite " /1-9 ~ - . @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: -:';/.µW '-1"h.v-J-v¿...Þ . V Address:_ l' ~I f'¡1 - < J¿.i, - .b/I~/f'(, SigJ 'Date ,I jg-.¡lJ " ' @B To: Chula vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: JÐ~n 1-10 r-Je ~ .L'C:Þ\'\lS € \~vdeV'- Address:_ ¡ ~ JVl'le /51 7? Date I ~ \. \{\tÙÏJÃß<0 11U'\.C~ 4.fu;/Wo /~;:/I - ~ '. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. .' I) r¿{; S ~u..UI'\y11E L Name: ( Address:_ qt¡J r~: C~, ~/;SJ9C S (Dat.é . .1 /f-/~ 0:;" ",'. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as reco@nended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: \'--\\~(~~ \¡~\ c-¿ Address:--.:' ~ Of \C¡ ( ( - ;. <:::-~-\- ()~l/ n/qþ .~ - Øate / J //-/,5 ~' @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. fÍ7. J:htA#k. Name: l:.e+....v - Address:_ L-j - ~ < ~/ ¡>ltf? E Date " 1%-.11/ '0.' @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. £ (I C;¡ B¿ 1ìI T: .--:- Name: ~j D ¡¿ lYIrJ - Address:_ 1« - c¡ I~ I; , Xie¿1j ~J , 6/?/?{, /' - baté . Sigr " 13-}5 ~. <:>," @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: JA5DJ PV/IJOcQS - Address: - ,\/ f 6 Cf¡110 - < ~ (Ó-/6~ 9f Date , /3-1(P ~ . - @ß To: ChuJa Vistël 1'layor and Chula Vi'Sta City Council This is to confirm my support for you to approve the construction of median islands on couIltry club drive in Chula Vista as recorrnnended to you by the Director oJ' Public Works at the May 28,1996 City Council Neeting. We bave workeò on this project for eight ye~rs and expect you ùD 'vote approval to provide for our safety when this i~ appears at the June 18,1996 City Council meeting. Name:~B'u:Œ~m_2 A c.h A R; AS ·1 ~ uJAI Address:_ -- '--P , 0/15/'It, ~-~--,. t-Jr ft- A 1 ~'l. s: Date I J - ~:l ~-. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: ~ y - _ _ ~VìÎ f1b1cvYU.Jr~ Address:_ iJ-ý ( If q¡o/¡I - (.~.. , 6-/,Ç-9b ;>ç . W\. / / 8i Date V í /3-/9 '" ~'. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: (J3-t-?~t¿ c ¿~:~_ ¿ , ¿u- '1 Q-e(-~¿,k}( Address:_ ~ " . Lí~-;1ó/ / U/ - ..c-- . . f c~tþ1vZ /7 /1 c¡j' / v S t/ Date / ,r li-/9 ~' 9B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: })êNN1.íbo{)(,¿- Address: . ~."""'iS ÒII... //( 9t<¡¡( , ~ ç,j; 7/'/ ~ Date f. JI-~f) ,,-" @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. > J '!) 0 cI~ Q_ Name: I,~/-J/tll' (tCe, b Address :~ /Jr'. ( (!P Cì¡'-1¡/ - . ,/6 r;,-/,,?- Co)£ Sj Date ; It-~I "",' @B ~ ~ To: Chula vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name:.~ .. ~' HHf-..h%2 ' u:Jðì?lft Address:_ Q-¡, 9/1/1 ~jífÞ , - D te 'I tf....A" <;:, ~' @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: ~U_1 )¡t..' é/ !Cìdk¡{ 4/t'l'c:.t, . / ll{/ Address :_ / - ,:>,~J ( ~ . [", - /(::.- y ¿, s: Date , /!-M - ~" @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: C-o.-v- \ (0 <" f.e.../'V\...Cl,j\ rl..M¿ Address:_ -bv-' ~ C-a q \t:) 1I I , &, ~ 8i, v I v IS-..¡J.¥ ~' @B To: Chula vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: T¡((o.(f/ (,.< lJ'/1171/ Address:_ ~/è i C)/911 / . /Ù¿(... Y¡¿¡¿C.15 /r¡q)., -u s . Date /' ;$-;1,5" ~, . ~. @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. ..~ T{¿!flEN /VI. ,--,;1\E C_ Name: 1,0-\ fè ~- N [, ,Çf)Vr: L - Address: - 'r - q¡ c¡! / . (-:{- - tN, t -¡: /1(, " ~. '\. / ,/Jign Da e 1) Ir.Abl 1 , 13-:-R,IP "'. June 13, 1996 To The Chula Vista City Council: Unfortunately, I am out of town on business today and can not attend the City Council meeting that will be discussing the issue of the traffic islands in the Country Club area of Chula Vista. This may be a relatively new issue for this City Council, however it is an old and dangerous problem for the residents of the area. I have lived atl - for more than twenty years. I have seen twenty years of speeders, drunks and hot rodders use our streets as a race course. Many of us who live on Country Club Dr., Palomar, Sierra Wy. and San Miguel Dr. have witnessed several accidents that are much more sever than a residential neighborhood with a 25MPH speed limit should encounter. We, personally, have been the victim of a drunk driver who was speeding out of control down San Miguel Dr. and smashed their car into the tree in our front yard at approximately 60MPH. If the car had not hit the tree it would have gone into our living room, Most residents of the area could tell you similar stories of out-of-control cars who couldn't make a turn and careened onto lawn, mowed down fences and shrubbery, or slammed into trees and houses. ,Go . We have been working with the city's traffic engineers for ~ years on (his issue. It is time to resolve lhis issue and bring it to a close, We have been guinea pigs in countless tests, surveys, and studies. Chula Vista should be proud of the Country Club area and want to preserve it. It is time to take out the ugly, temporary traffic controls and install permanent islands. Not only for the improvement of the neighborhood, but primarily for our safety. Sincerely, ) ., ( Gretchen Osa 838 Country Club Dr. Chula Vista, Ca, 91911 tG -~ '/ ~" @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item . " appears at the June 18,1996 City Council meeting. A Name: l Jó'ocl- lorn~+ e:L Address :_ :e - (A t:\' \Ýi\ ~ /t;- ,~ - q k> -C Date 1,1'-.;1, f - '" @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appears at the June 18,1996 City Council meeting. Name: ..71 E AA./AJ t9- 1/. $ACH€ Address :" 'J12J fiE ( 9 J? 1/ ~ ¿þ -/J' - fJ~ Date /S-~9 <;;, @B To: Chula Vista Mayor and Chula Vista City Council This is to confirm my support for you to approve the construction of median islands on country club drive in Chula Vista as recommended to you by the Director of Public Works at the May 28,1996 City Council Meeting. We have worked on this project for eight years and expect you to vote approval to provide for our safety when this item appea~ June 18,1996 City Council meeting. Name: 4J)~l~ 'ÇéêLÐ - ~ ;';J :1ßJL \b3',,()8~ Date I , /$ -oJ!) r :;i7-- ~---- 10) ~ rr' ') ~' 'e í.\ I r, ",", , ' ~¡ , ~--- I,. ' , TO THE CITY COUNCIL OF CHULA VISTA, CALIFORNI~,,"~ ... i ( I' r I ( ~ 'e' ' ( " ! , ,~~ ) MY NAME IS WALLIE GRAY AND I LIVE AT 31 SIERRA WAY. I UNDER- STAND THAT THE ISLANDS (FOR WHICH THE FUNDS HAVE ALREADY BEEN APPROPRIATED) MAY NOT BE CONSTRUCTED AT THE CORNERS OF FIRST AND COUNTRY CLUB DRIVE, AT SIERRA WAY AND COUNTRY CLUB DRIVE, AND AT PALOMAR AND COUNTRY CLUB DRIVE. THESE ISLANDS (AS HAS ALREADY BEEN ESTABLISHED) ARE VITALLY NECESSARY TO CONTROL THE SPEED OF TRAFFIC ON COUNTRY CLUB DRIVE AND THE ADJOINING STREETS. WHILE THE TEMPORARY POSTS HAVE BEEN HELPFUL IN SLOWING DOWN THE TRAFFIC, THEY HAVE NOT BEEN TOTALLY EFFECTIVE. I BELIEVE THAT THE PERMANENT ISLANDS WILL NOT ONLY ACCOMPLISH THE INTENDED RESULT, BUT THEY WILL ALSO BE ESTHETICALLY PLEASING FOR THE NEIGHBORHOOD. THEREFORE, WE ASK THAT YOU PLEASE VOTE TO ALLOW THE ISLANDS TO BE BUILT SO THAT THEY WILL ACCOMPLISH THEIR INTENDED PURPOSE. RESPECTFULLY YOURS, ~f-M WALLIE P. GRAY P.S. AS I WAS OUT OF TOWN AT THE TIME, I COULD NOT ATTEND THE MEETING ABOUT THE ABOVE. I WOULD HAVE BEEN PRESENT IF AT ALL POSSIBLE, AS THIS SITUATION HAS BEEN OF DEEP CONCERN TO ME AND TO MY NEIGHBORS. WE ALL HAVE HAD HIGH HOPES OF A BAD AND DANGEROUS SITUATION COMING TO AN END. . Copy on file -rH ¡.i i J TO (<::,.J¡: ,t'M .My 7õ rA / S ul"/OÆ. T Or -mil (ETTé/2.. fiN.Þ .I w: f ( ß~ ¡Iv /r rruJ'i:>,,¡,.J({ A' 1H~ ch"':" \0,",-"(; I 1"1 E" ~ T';V 6- ON '/iifr¡lç· ~ '/9/T' :;íé/II~N M ,¡"'VeL Ij-3/ 53 ).€ R~'" W>1'T' <tn-I;)"]! . #/~ Chula Vista, CA. 91911 June 12, 1996 Dear Mayor Horton: While channel surfing on the late evening of May 28th, I was surprised to see a neighborhood lady addressing the Chula vista City Council. After a few minutes it became apparent that a subject that all the neighborhood considered long ago resolved was being reintroduced. To be certain of all that transpired, I borrowed a tape of the 28 May meeting from the city library. I saw that both Dr. and Mrs. salgankk addressed the council. For people who did not participate in the many neighborhood and city meetings held years ago it was surprising to see their new found concern. To get your attention, they found it necessary to exaggerate a bit. Dr. Salganick said that he had lived on Country Club Drive for 24 years. I have lived next door just short of 24 years and I remember two families that lived there before the Salganicks. He also stated that the whole idea of median islands was the result of a couple of accidents that occurred years ago. He failed to mention the truck rollover that occurred just a few months ago across the street from his house. Police, ambulance, and wrecker personnel were called so you can check the details. The problem was so bad that one property on Sierra Way had sustained damage four times. The notice sent to area residents stated that the topic for consideration by the council was the awarding of contract to build the medians. I, as well as many neighbors with whom I have talked, have no interest in who builds the medians just as long as it gets done. If the neighborhood had any idea that the whole project was being reconsidered on 28 May, there would have been a huge turn out at the council chambers. The temporary barriers now in place have been proven to greatly reduce speed and also reduce traffic in the Country Club Drive area. After permanent medians were approved by the City Council, everyone understood that it would probably take several years for funding to become available. For that reason, the neighborhood quietly put up with the temporary barriers. After over eight years of waiting, everything is finally in place except letting of a contract. I urge you and the rest of the City Council to accept staff's recommendation and have the permanent medians installed. 1 - _ - ---:-.-:-----' '1.:\ " fl' r I" f::ì' , I" ,'1 ,! -.- . ; ¡ !"\ Ii. ['i ll, '.' , il, n ; ! Sincerely, ::1')1 -----'li,11 " . , II<,!I : : -, ~ ¡ : :: - ' 1'1" 1 8 i:::~~ ': iJ I, ,_', '-, ."J! Clint D. Sadler I L--: _.----- I I , I -_._- ..-.-- /3-3:;" SUPPLEMENTAL COUNCIL AGENDA STATEMENT REPORT June 18, 1996 File No. 0735-10-TF-222 OlOO-15-KY -157 TO: Homrnbl, ","yo, ,rn! Ci<y Omocil ~ FROM: John Goss, City Manage~ ~ VIA: John Lippitt, Director of Public rk:j" SUBJECT: Information - Country Club Drive Median Project - Resolution #18316 This report is to inform you of the status of the raised median project and to address the issues raised at the Council meeting of May 28, 1996. At the City Council meeting of May 28, 1996, the City Council directed staff to reschedule this item for the June 18th Council meeting since there was opposition from the public to award this contract and notify them that it would be reheard. Staff has notified the residents of the area that this item is on tonight's agenda, City staff presented a report to the City Council on May 28, 1996 with the intent to award this contract to Basile Construction Incorporated. At the Council meeting, there was testimony from two area residents that the raised median project should not be awarded at all. Since there was no one to speak in favor of the project, the Council therefore did not take action on awarding this contract. Instead, the Council delayed the action for three weeks until their June 18, 1996 meeting. The Council specifically asked staff to notify the residents that this contract has not yet been awarded and that the area residents need to inform the City Council of their intent to either drop or award the contract for the raised medians. The City Council also directed staff to provide input from the Police Department regarding the safety element. Staff contacted the Police Department Traffic Bureau and they recommend that the project be awarded due to its effectiveness in enhancing safety. Another concern raised at this Council meeting was that the raised medians would not be aesthetically pleasing. In an effort to provide aesthetically pleasing raised medians, staff incorporated red colored stamped concrete which will be in a "running bond" pattern. The color and pattern was specifically chosen to closely resemble that of some of the adjacent properties. Per the Safety Commission's November 12, 1992 recommendation, a workshop meeting was scheduled with the area residents to go over possible raised median design alternatives. The ultimate design of these medians was approved by the residents at the January 25, 1993 workshop meeting. All through lanes are at least 12' wide in order for the school busses and street sweepers to maneuver around. Westbound traffic will be travelling at a very slow speed through this area, since these approaches are all stop controlled. Eastbound approaches will be made at a much lower speed than existed before the temporary delineators were installed because of the narrower lane width. In evaluating all of the reported accidents in the intersection area, they were all a result of excessive speed. Some of these accidents also involved drivers which had been drinking. Staff studies show that there is a need for these raised medians and that due to the excessive intersection width, the existing centerline striping does not necessarily keep motorists on the appropriate side of the roadway. )~ Country Club Drive Median Project -2- June 18, 1996 Staff believes that this is a helpful project for a unique neighborhood traffic problem. The delineators, which were installed in 1989 have reduced traffic volumes on the streets, as well as average vehicular speeds, (see Table 1). The medians will provide an attractive and relatively maintenance free permanent solution to this problem. Staff has received telephone calls from some of the area residents, and they have expressed an interest in attending the June 18th Council meeting to voice their recommendation to award this project. If the project is awarded on June 18th, the contractor will commence work in approximately three weeks and the it will be completed by late July or early August. If the City Council does not award this project, the City will continue to maintain the temporary delineators until such time as the City Council directs staff to remove them or develop an alternative solution such as reducing the scope of the project. All area residents living between Hilltop Drive, K Street, L Street and First A venue have been notified of all public meetings and have been notified of tonight's City Council meeting. Attaclunents: Area Plats Table I (M:\HOME\ENGINEER\TRAFFIC\CCTF222.FXR) )%'Þ N - - ~ ~ a 81 Y6 II) éñ - a: - :r: 1 . ~ - w ~ en 18 co CÞ ~ II) 31 1!3 - - CD U'I U'I ~ - ! (.) ~ ¡¡: - ~ I IS co pj 12 N ~ ::¡ C') 18 - - N CÞ I"- C') en 81 II) ~ ~ ~ c:i FJ ~ - C') 1 2 Q - W w i t Q. . M C') ~ - (/) ~ FJ FJ - N w - C') C') cw ~ ~ ~a a: cc:: w r-- Q. ~ _a:lz i M C! en - ~ w30 en ~ - ~ FJ - 5U¡:: - M C') c>c I-~C:: :r: N co N en . ,.. Ii; Q. 81 2 ~ FJ IØ It'Í . ;:)z - N C') C') Q 1 00 w u:E w w Q. C (/) - W en ..J ~ C') en en CÞ N ~ FJ ::j ::j ,..: It'Í - C') . I~ ! a: ~ ~ p.- ~ I en CD C') CÞ CÞ ..: ¡;; !Si ::j ~ II) - C') , a: ffi ~ ffi ~ CD ë w - ð D ~ ~ ~ (.) f f ~ t I ! S i ~ co -i a¡ ~ ; Q. Q. ,.. ~ ,.. CÞ ill) C') M C') /<;5c, .--.-...-- " .._.__....~- _....__.._----,_.-.--...--.--~-~_."._--,...- . I .J , ~ -_I t '_.__________ _ ' -------- " · '- '. ", u, .0,:.'0:.,m '_' Om. , . - 0" ....... '. _ __L-...:_-_-=______. _ . I I " " , .", -. .... , '1"; , . , >---,- ~', ¡ . 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II!' : o. 5, 5 · · I , <C ' , . " .. , ' ,..s ~., -"I - ¡¡. ~ , 5. · '" ..,", .. '" " " " W · '- -.. . ". · ., ., '~". ',' ,,~ . " -------._~. ' . - , , ;.. . . = . ô. {Ii 53 .' a ° a: .. '. . . , , ' " , " -- ", , '. , "-, ':. , ."', '., <C ' , :r rl , ~t ~:; 5 ~I . ; E I ' , " , , , ' '. - . , .' '" ' .. ; ,I , , ¡ I" I ' " . ", '. - " ". , ,. .. 1 "~'. , "','1 ~ I 1 I I I '. , "[ / I I : ' , , " , I ' , , " '. " "I , '''', ", J 'd' 1 · .,.. " ---~-'--. m '. I .. : J. __L__ ___n___ _ I u.¡ . __n _.__. , __ . , ,-- ---.- '... , ~ "0 , .. _______ ____ '.. __ - - ---- i .... r _Ii :. . ~...______ . ' - .. " 2 ~ . . - - . - " .. .... " .. · í ...... ' --, 0 .. _ , ".- 0 I _ , _ . 2. I. '5 ~ ' , = 'I I " :. '! .. I ' " .- I '~ ., I , ~: ~ ~, L '" . - - .0 /', ¡, m CD · , · CD "'1 .... m .. .... .. . .. ... ... 'Jscf Q ø/7!b CITY COUNCIL 1996-97 BUDGET ADOPTION OUTSTANDING ISSUES 1. Should the one-time revenues used to balance the ProDosed 1996-97 Budget (transfer ftom Golf Course Fund, Equipment Replacement Fund and sale of Marina View Park) be used to increase City General Fund Reserves? (- ~J 2. If the above-mentioned one-time revenues are actually used to balance the 1996-97 budget, should possible one-time revenues or credits that may be received during 1996-97 be utilized to increase City Reserves? Examples: Results of the negotiations with Sharp Hospital and the possible additional credit that could be received ftom PERS during the course of the fiscal year. ., ( ,.'~-:) , /9/J-1 TABLE 1 LEVEL lREYENUE PRQPQSALS (Ref:CHARTB from page xxyiþfPropos¢d Budget) .... Increased Staff Time To better reflect changes in staff time allocation for $100,710 Reimbursements reimbursements due from Sewer, Parking Meter, Grants and DIF Administration funds. &I,~~i~Time AI~~~8¡}io~ Correction orGIS staff time to fund with 50% non- $250,000 General Fund sources ($150,000 represents one- ,~ '/'-,..t...¡j.;(~·,-A",· time correction, $100,000 on-going revenue. -y" \,.,- Revenue Allocation Facility rental revenue placed in Trust Funds when $55,000 Correction - Facility Rentals should have been put in General Fund ($30,000 one-time correction and $25,000 on-going revenue, Cash Bond Account Close- Transfer of funds from obsolete cash bond $50,000 'Ç<' /..' -<-! r accounts. ($50,000 one-time revenue) out'Af! ( V ~-(;' ~:, -i'-Iti,"";' ~, . ~,~~ Update of City' Cost Correction of fees to more accurately reflect the $75,000 Allocation Plan actual costs of services provided. (On-going revenue of$150,000 to Gen Fund and $50,000 to other funds. City Credit Card City sponsoring of a Credit Card (Anticipated on- $15,000 going revenue of $25,000) Video Machine License Police Department to assist with business license $10,000 Increased Enforcement tax enforcement of video machines licensing, Library Non-returned Book Increased fee for processing of non-returned library $2,500 Fee books. Book Transfer Postage Fee Establish new fee for the postage costs related to $735 the transfer oflibrary books, Software Use Fee at SCVL Establish a software hourly use fee for use of non- $14,400 Computer Lab information software, Library Non-Resident Card Reduce cost of non-resident Library card from $30 $0 Cost Reduction to $20, Reflects a market-based adjustment to fee). (fr'7<0 Recreation Facility Rental Increasing the rental rates for recreation facilities $16,850 '-' ~-- f' (Xt¡j_ Rate Increases and community centers, ->p C r \~ _t".:J Rental of CV Youth Offer the Chula Vista Youth Community Center for $4,000 Community Center rental with fees that equal those charged by the Boys and Girls Club. Ballfield Rental Rate Increase Increase in ballfield rental rates for organized $1,000 groups using the fields; does not affect adult or youth leagues. Tennis Court Lighting Fee Increase the fee for hourly lighting of tennis courts $5,000 (from $2 to $3 per hour) Ir.iJ-~ Special Interest Class Fee Increase the fee for special interest classes by $1 per $7,200 Increase class. Tournament Fee Establish a fee of $50 per season for teams $2,500 participating in non-city sponsored tournaments, Commercial Recreation Establish rental area at parks for commercial $5,000 Company Fee for use of Parks recreation companies to use for private picnics and and "Astro" Jumps include a fee for placement of "astro" jumps on park turf. (On-going revenue of$6,000) Swimming Class Fee Increase Increase fee for instructional swimming classes by $7,200 $1 per session per participant. Picnic Shelter Rental Expand the Picnic shelter rental season to begin in $13,000 Expansion March and add the 9 new sites. Utility Users Tax Audit Hire a Consultant to audit the Utility Users Tax $50,000 Consultant revenue to verifY proper collection, Jail Booking Cost Paid by Charge violators the cost of jail bookings when $2,000 Violators booked into cells and released prior to transfer to County. (On-going revenue of $5,000) Flood Zone Fee Establish a fee for flood zone detenninations to $1,320 lenders, title and real estate companies. Tree Planting Fee Increase the fee for planting of street trees ITom $10 $740 to $58 to more closely reflect the actual costs. Roadside Debris Clean-up Fee Establish a fee to cover the cost of city crews clean- $25,000 YJ'![.( ~ . . ~..CI'¡ up of roadside debris to be applied to existing trash '-O..0--U-" . ~,/cc:~ LJ..JJ bills. Fee of additional 2.5 cents for residential and 19 cents for commercial trash customers, Housing Pennit Fees for non- Expand the housing pennit fee to include non- $270,000 owner occupied single family owner occupied single family dwellings ($52/year) dwellings and duplexes and each duplex rental unit ($3 5/year/unit) Adjustment Plat Fee Increase Increase flat fee for adjustment plats ITom $250 to $7,000 $750. Master Fee Schedule Increase Complete a comprehensive review of the Master $0 Fee Schedule and potential fees for new services in conjunction with the City cost allocation plan update, TOTAL $991,155 Fib -3 --- --. \ ' \ ifll.! , . TABLE 2 ,i). .. PR.OPOSEIlAbDITIONAL tEVEI':IR.tVENÛESF(}R GENERALFtJNI)· ..... ........ ..... ...... Otay Project Area Loan This represents an outstanding loan /Tom the $263,964 Repayment General Fund to Otay Project area which may be able to be paid off partially this year and fully next fiscal year. CIP Completed Project Review of old and completed CIP projects $99,167 closure identified the closure of several projects and the release of funds currently being held. The closure will release $99,167 which can be returned to the general fund. Golf Course Transfer In Council recently approved the appropriation of ($100,000) adjustment for Project $100,000 for constructing golf cart bridge in (Approved by Council) connection with the County building the Central Avenue Bridge. Golf Course Annual Revenue Currently, all Golf Course revenue is deposited into $308,000 the Golf Course Fund and periodically transferred to the General Fund. It is recommended that these funds, which have no specific expenditure requirements, be deposited into the Golf Course fund and transferred into the General Fund on a quarterly basis, ~Ijs.kilit)' ¡salll," ¡¡¡n'~'er. Eastlake III Processing As a result ofEastlake's request to stop processing $30,000 Revenue Eastlake III the revenue budgeted for that purpose will be eliminated. However this will /Tee up staff to work on other fee-recoverable projects: Fire Master Plan $40,000 Baytront Master Plan $50,000 PF DIF Update $10,000 Trans DIF Update $10,000 ($80,000 original estimate ofEastlake III revenue) Golf Course Funds available During deliberations, Council indicated a desire ~'^ ^^^ }if , /Tom Fence Project. .. .. ( remove golf course funds set aside to install a fence J/ C:, c.:t' (:) --.Yo . :£. C- in order to possibly fund items in the General Fund, \J...Lvl>1./Å. -' r~ ,_ d"t~" J", I (..":".:"1......,, ;' This amount was originally included in the CIP. Special Capital Outlay Fund balance available after closure ofCIP. These $24,054 funds could be used to fund the Golf Course/Jogging Trail Fence if combined with $28,746 /Tom the Charter Point Reserve Funds as identified below. Charter Point Reserve Funds Fund balance available after closure of CIP $44,700 State Grant Funding for South This reflects a pass-through of funds /Tom the State $7,150 Bay Community Services to South Bay Community Services, which is discussed in Supplemental Budget Report # 20, /9 IJ-J/ Master Fee Schedule Increase Complete a comprehensive review of the Master $50,000 ,I. \ .~I. ~ ¡ \;"'r¡<) 'r 'o·! Fee Schedule and potential fees for new services in ¡ ^ conjunction with the City cost allocation plan ~D ,) '\'-.' ~). ( C'~" '^: ,..,; update. (This is listed in Chart B issues below however, no funds were included in the proposed budget. This $50,000 estimate is recommended to be added to the proposed revenue, TOTAL RECOMMENDED ADDnnONALREVENUE $779,835 /9 j; -5 TABLE 3 LEVEI...IlRE%NUE$.Prol>dsecl bYParh arid ReereatioTla.fteTbticll1:et was öril'lted ........ Quarterly Recreation It is recommended that the City's Recreation Unknown Brochure Advertising brochure generate revenue by allowing advertising 01'1 the il'lside of the ITOnt cover artd 01'1 the inside artd outside of the back cover. Advertisers could be corporate entities such as the telephone comparty, cable comparties, bartks, credit unions, etc. As long as this is done tastefully, the funds received could be used to offset cost of producing artd printing brochures artd to fund recreation classes. Bus Advertising External and internal bus advertising could be $50,000 I . ' . utilized to support specific youth programming (i,e" j : \. ; '-^'~ jY-AJ.. YMCA). One option is to have funds collected .........1 .~ I. '~'. ",,/¡C\;¡_J C (, '-- ITom paid advertisements to go to a non-profit fiscal ~ . ·,co agent (i.e., Youth Coalition) who in turn, would provide youth programming with oversight by the Youth Coalition, First year estimate of$50,000 with ongoing potential of $100,000. Need to revisit the legal analvsis of this issue. V'L/ Youth Sports Leagues Fee Implement a fee for each team in a youth sports $5,000 .;L' , r league of $2 per season to offset maintenance costs . þ, {.L,; for use of fields, , Recreation Class Increase Increase each class fee by $2.00, instead of $7,200 recommended $1 Parking Fee - Rohr Implementation of a $2.00 parking fee per car at $5,000 ,j " Rohr Park, Sweetwater Park, on weekends ITom G/à ~n k" ''''' t~ March through October. The proposed revenue , . v-;., reflects this program starting in Spring, 1997. This amount is net of the required start-up costs of $23,000, (Annual revenue in FY 97/98 would be $50,000) TOTAL (KNOWN) $67 200 ¡9h-b __ _____.~__.___m._ ...______u.. TABLE 4 LEVEL II REVENUE PROPOSALS Redevelopment Special Use Establish a fee for businesses applying for special $42,000 0ermit ~ee 1 ' , use permits in redevelopment areas. Funds directed '-OM .I..<J 1-¡\ ""'L~+<C',,, to Redevelo ment A en 'ß~¡'~:~e~ EiJõ¡'c~~nt of Enforcement of the existing storm drain ordinance $15,000 Storm Drain Ordinance through fines on violators. Previously tried to correct though education. (Revenue directed to Storm Drain Fund Increase Pool Usage charge for High School and $1,950 Elementa School District. See a e A 78 Allow Busines~ License Tax Up to to Increase I' , $450,000 Zoning Permit Fee Increase Increase fee to reflect actual cost of providing $7,500 service. From $15 to $30. Traffic Control Plan Fee Establish a fee for preparation of traffic control $10,000 Increase lans for s ecial events and construction roo ects, Sewer Variance Processing Establish a fee for the processing of sewer variances $5,000 Fee based on actual cost to process these fees. Impact ' on lar e institutions. Fund to Sewer Fund. Advertisin Unknown TOTAL $531 450 /9~-7 - ._._-~_..- TABLE 5 LEVELUJŒVENYES -'(Transmittal r.etter)R.equest »irec~ionßnwhetbertopursuetbese ideas Laidlaw Franchise Fee/V) Place Franchise Fee back to 8% across-the-board Franchise Fees 0); A¥iti()k~ Addition of charging rranchise fees on Sewer and Utilities 2(;'(/1 ill' it ü ,,)r,lc~ Water Services. t t Apply Utility Users T~:D:æ Apply the Utility Users Tax to the Wireless Wireless Technolol!V Technolo !;V such as cellular Dhones. Vacant Building Surchar~~ Apply a surcharge on buildings that have been a,fA' \,.L):',klq, -, U,i ~_V_'~ ~,).,"', vacant for more than 6 months with funds generated C¡,<,·'>;1'ti.'.-J , .; , ... .'. to assist in lZfaffiti eradication. SDG&E Power Plant on Seek change in State law to place this power plant Utility Roll , ) on the City's utility roll or that any increase in , investment would accrue to onlv Chula Vista. Expansion ofBayfTont Project Expand the BayfTont Project Area to include Port Area \..JA',,;¡ Tidelands /fb-ð TABLE 6 LEVEL III REVENUES ~--': Sanitation Fee for Street Apply a sanitation fee to cover the cost of street Sweeping sweeoimz, Hi¿ Utility Users Tax Increase Increase the Utilitv Users Tax ITom 5% to 5.5% $270,000 \1 , Assessment Distriq Implement Assessment Districts city-wide for ¡' i J Landscaping. (Half of City already in these ' r. I lj./ iUi< t;'::· .-.,/",~ "'-"~ Districts) , 0 I I / h'¡-' ' ~i Q " cj(! ,,'/ ;:A Ie t' ¡r"/~_:' j /...ljC! .' ,--.-,: f' - .' " '" I j . / ) j r(..r" r!JQI tv ., I i i i if { , c. t. .<."",,: '", v·./ \ \;' Ie¡ .h-9 -----_.~,.. ._._--,-,. TABLE 7 possmm ONE-TIME REVENUES TO INCREASE RESERVE BALANCE OR TO fUND MID-YEAR CONTINGENCIES Sharp Hospital Staffis currently negotiating $1,000,000 with Sharp Hospital; _..····u~_,_...,...._ negotiations likely to be concluded during 1996-97. PERS Credit Assumption that the City ~ $400,000 receive additional credit ITom PERS during the year as a result of actuarial information and PERS' increased returns ITom investments Sale of SDG&E Bonds The City may be used by $265,000 SDG&E for processing their bonds during this fiscal year. Total Possible ITom one-time revenues to build up reselVes $1,665,000 /91> -II) -----~--,-----_.,._-_.- .~.~... EXPENDITURE ADJUSTMENTS As a result of public testimony and input received rrom Council to date, the following are funding areas within the Proposed Budget which the Council may wish to re-evaluate. The items in the first section of the chart are those which are recommended to amend the Proposed Budget due to changes which have occurred since the Budget was printed. The second group represents areas where there has been public testimony or input rrom Council to reinstate items which were originally proposed to be reduced. TABLE 8 '0. ...... ..... l~ ..... ......... \«ii \ .................. .......\\ ........\ \ Reduction in TC I COP As a result of recent refinancing the payment ($100,000) payment for the TownCentre I COP will be reduced Personnel Department As discussed in Supplemental Budget Report $16,236 (,25 Sr. Pers Analyst) # 6, the Senior Personnel Analyst's position is recommended to stay at the current .75 FTE status. Planning Department As discussed in Supplemental Budget Report $14,452 (Associate Planner, # 6, The position assigned to Eastlake III will Senior Admin. Office return to the current class for the full year and Specialist) the position anticipated to be rrozen upon retirement must be fully funded as the retirment date has been delayed, Admin (DCM) As you may know, Deputy City Manager ($74,262) Thomson has accepted another position and will resign July 10, 1996, It is recommended that this position be rrozen for the remainder of the fiscal year (-$95,646) with this savings offset by additional hourly wages for interim administrative support as necessary (+$17,867). InterNet 'E' -Mail Add $819 to Council budget to establish· $819 Access InterNet E-Mail accounts for Councilmembers. Travel Budget Adjustment to several departments' budgets ($3,450) Adjustment to correct Proposed Budget to reflect citywide policy ofa max of $750 (per dept) available for conference attendance. Increased Fuel Costs As discussed in Supplemental Budget Report $32,511 # 22, there is a need to increase funding as a result of higher fuel costs, /9.6 -II EXPENDITURE ADJUSTMENTS As a result of public testimony and input received fÌ'om Council to date, the following are funding areas within the Proposed Budget which the Council may wish to re-evaluate. The items in the first section of the chart are those which are recommended to amend the Proposed Budget due to changes which have occurred since the Budget was printed, The second group represents areas where there has been public testimony or input fÌ'om Council to reinstate items which were originally proposed to be reduced. TABLE 8 Reduction in TC I COP As a result of recent refinancing the payment ($100,000) payment for the TownCentre I COP will be reduced Personnel Department As discussed in Supplemental Budget Report $16,236 (.25 Sr. Pers Analyst) # 6, the Senior Personnel Analyst's position is recommended to stay at the current .75 FTE status. Planning Department As discussed in Supplemental Budget Report $14,452 (Associate Planner, # 6, The position assigned to Eastlake III will Senior Admin. Office return to the current class for the full year and Specialist) the position anticipated to be fÌ'ozen upon retirement must be fully funded as the retirment date has been delayed, Admin (DCM) As you may know, Deputy City Manager ($74,262) Thomson has accepted another position and will resign July 10, 1996, It is recommended that this position be fTozen for the remainder of the fiscal year (-$95,646) with this savings offset by additional hourly wages for interim administrative support as necessary (+$17,867), InterNet 'E'-Mail Add $819 to Council budget to establish $819 Access InterNet E-Mail accounts for Councilmembers. Travel Budget Adjustment to several departments' budgets ($3,450) Adjustment to correct Proposed Budget to reflect citywide policy of a max of$750 (per depO available for conference attendance. Increased Fuel Costs As discussed in Supplemental Budget Report $32,511 # 22, there is a need to increase funding as a result of higher fuel costs. I'll; - /~ - ---'--"-'-'--'-"'-"'--"~-'-"'-- Cultural Diversity Re-appropriation of Funds set aside for Police $10,000 Training Department Cultural Diversity Training in the current year budget which will be needed in 1996-97. This issue is discussed in more detail in Supplemental Budget Report # 19, State Grant Funding for This reflects a pass-through of funds ITom the $7,150 South Bay Community State to South Bay Community Services, Services which is discussed in Supplemental Budget Report # 20. Refuse cost savings in The Conservation Coordinator has been able ($5,000) Parks Division ITom to identify additional savings in the processing reduced refuse rates of refuse ITom city parks. Sub-total Recommended Adjustments ($101,544) l ii;;; ii-c ii » i . ......> i<i «< ST. IL~ ........ >< > < . .....» ..>< ....·.·.·..i.....· .····.·.·.i.····.> Parks, Recreation and Open Space Parks Maintenance Should Council wish to eliminate proposed $192,868 reorganization of the Parks Division: Maintains the Parks Supervisor Classification and eliminates any bumping, This proposal did not include any layoffs, and will still leave 3 vacancies. The savings was also predicated on the reduction of vehicles ($25,674) which is included in the $192,868. If the Council should desire to "Y" rate all existing employees to maintain current pay levels, but implement the new structure, an additional $50,543 would need to be added to the Proposed Budget. Aquatics Reinstatement of the Aquatic Coordinator $49,245 position and the Pool Manager's returning to .75 level for each pool and reducing the number of Senior Lifeguard hours to current benefitted status. Cultural Arts Proposed Budget includes an increase in the $0 Coordinator FTE for the Cultural Arts Coordinator ITom .50 to .75. This increase is proposed to be funded ITom the Fine Arts Fund. Nonnan Park Center Maintains Sat p,m, staffing to allow the $4,000 Closure Saturday PM Chamber Orchestra to continue practice. Nonnan Park Center Maintain current staffing level for 4 hours of $3,000 Closure on Friday Night staff support for bridge and chess groups, Oxford Senior Program Maintains the program at the existing level $4,986 with .22 FTE Recreation Specialist coordinating the program /9/; -/3 ,....__.._____+_m+___"_.__._~_.. After School Recreation This proposal consolidated the after school $40,200 Program proposed recreation programs at 3 sites with non-profit consolidation with other programs (B & G Clubs) operated within sites walking distance of the schools, and one near . a city recreation center. After School Recreation This proposal is to eliminate the second week $4,467 Program Reduction of Winter ijreak after school recreation (2nd week of Winter program due to very low attendance. Holiday closure) Library Hours Reinstatement of current level of hours at all $147,550 Library facilities Total Possible Expenditure Adjustments (Includes Recommended) $344,772 ... .., ...... ....,,'(v.. IlS < ....< ...... /> I % Salary Increase fOT IAFF $54,396 1 % Salary Increase for Middle Managers $48,000 1 % Salary Increase fOT Unrepresented $7,300 1 % Salary Increase fOT Executives $31,400 1 % Salary Increase for WCE $15,050 /9.iJ -/¥ -.-------- TABLE 1 - LEVEL ONE REVENUE PROPOSALS (Chart B) $991,155 TABLE 2 - PROPOSED ADDITIONAL LEVEL I REVENUES $779,835 TABLE 3 - LEVEL II REVENUES (parks & Rec Commission) $67,200 TABLE 4 - LEVEL II REVENUES (Chart C) $531,450 TABLE 5 - LEVEL II REVENUE (Transmittal Letter) TABLE 6 - LEVEL III REVENUES $270,000 TABLE 7 - ONE-TIME REVENUE TO RESERVE BALANCE $1,665,000 TABLE 8 - POSSffiLE EXPENDITURE ADJUSTMENTS ($344,772) /96-/5 -,._~._--~_.---- jJ /9!J ,rõj f' (r' I, I' ,,{ r _I' D L trj il II ! II I ~ , 0, ----, I ; In I I'll i 13 June 1996 ,UU! JUN 18'QQ~ ¡¡UI' L__ v /) IL.J Cn' ',rrl' ("" . ..J .. . L ,I: ,~l l .I ¡ ;r~s Chula Vista City Counctl Cicl, /. V:';U CA Chula Vista, CA Regarding the library budget: I was unable to attend the hearing on Wednesday night but would like to add my thoughts to the many you apparently received at that time. During the seventeen years I worked for the Portland, OR., library system, there were many budget discussions. One very drastic cutback prompted an editorial by one of the local authors and it expresses my feelings as a ex-employee as well as a avid user of your system, both personally and as membership chairman of the Chula Vista Genealogical Society. and I quote " A library is the central institution of a city. It is not exclusive. It is not just for the young, as are the schools, not just for the criminal, as are the jails, not just for the sick, as are the hospitals. Rather it is for the minds of all. It is the principal storehouse of knowledge in the city. It is there that individuals can find out how to build a birdhouse or a home computer.... Communities must have knowledge if they are to prevail, let alone grow....." In one of the small branches (like your Castle Park) a single father, trying to raise three young daughters, came in asking for help to learn how to use a portable sewing machine he had been given, Since our most basic book was not basic enough, we suggested he bring in the machine and we showed him how to thread the machine and then he could follow the manual from there. However on his second request, we were unable to give him "on hands" help, all we could do was hand him a copy of the Automotive Engine repair manual. I understand someone said at the hearing about having the building[ s} and then they are closed down for lack of funding. Any chance that more of the organizations that you fund could or would use the existing library buildings to make your money go farther? Thanks for listening and good luck on your endeavors. - /,> ' <-/..,,~ - " ~/,~-z.,.a ~ -V" r-r-C-f? Mrs. D. 1. Moore 3340 Del Sol Blvd # 93 San Diego, CA. 92154-3455 /9¡'-/~ _ _ ___~_._._..._ ._"_~._,._"_.m .,_~______ Resolution No. l~~~l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXPANSION OF JACK MURPHY STADIUM AND THE SAN DIEGO CONVENTION CENTER WHEREAS, Jack Murphy Stadium and the San Diego Convention Center are located in the City of San Diego; and WHEREAS, these facilities are regional serving in that they are used by the entire population of the San Diego metropolitan area, including Chula Vista residents; and WHEREAS, a well balanced economy will include such facilities in major metropolitan centers; and WHEREAS, the proposed expansions will have a postive impact on the community by generating increased job opportunities in the construciton field as well as the service industry; and WHEREAS, the City of Chula Vista wishes to lend its support for the expansion of these regional facilities. NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby support and encourage rapid completion of the expansion of Jack Murphy Stadium and the San Diego Convention Center in order to serve all the the citizens of this region. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to convey this Resolution to the Mayor of the City of San Diego to move forward in the expansion efforts on behalf of all residents of the region, Presented by Approved as to form by Jerry Rindone, Councilman Ci~~n~~ F'-- ~ \0- - )