HomeMy WebLinkAboutAgenda Packet 1996/06/11
"I declare Noder Pênalty of perjury that r a~
employed by the City of Chuia Vista in the
Tuesday, June 11, 1996 Office of the City Clerk and tha,J: J posted. Council Chambers
this Agenda/Notice on the Bulletin Board at
6:00 p.m. the Public ervices Building and at Ci y JojaJl on Public Services Building
DATED. (, SIGNED
Re lar I 0 e Cil of C
CALL TO ORDER
1. ROLL CALL: Councilmemhers Alevy _, MooI _, Padilla _' Rindone _, and
Mayor Horton _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: May 21, 1996 (City Council Meeting) and May 21, 1996 (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 Jil¡gJ actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there wiU 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 /0)
The staff recommentlations 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 recommentlation; complete the pink fonn to speak in opposition to
the staff recommentlation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommentlations 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 the City Council discussed a potential
case of litigation, the name of which is being withheld under the authority of Government
, Code Section 54956.9.1, and approved appropriating up to $20,000 for legal services in
Closed Session on 6/4/96. Except for the foregoing, there were no other observed reportable
actions taken in Closed Session. It is recommended that the letter be received and filed.
,
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Agenda -2- June 11, 1996
b. Letter and petition from the International Christian Center requesting waiver of sewer
connection fee in the amount of $5,154.06. It is recommended that the City Council instruct
staff to reply to the International Christian Center indicating that the Council cannot waive the fee
as requested, but that staff would work with them to make arrangements to pay the fee over a
period of time not to exceed three years.
c. Letter from Regina Hickey requesting the wording "legally recorded easement for ingress and
egress on private property" he added to the existing ordinance preventing ball-playing,
skating, rollerblading and use of wheeled equipment on City property. It is recommended
that this letter he received and filed.
6. ORDINANCE 2674 APPROVING THE OT A Y RANCH SECTIONAL PLANNING AREA
(SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (PCM
95-olB) (second readiRl! and adootion) - The first Otay Ranch SPA Plan
governs Villages One and Five. SPA One covers 1,061.2 acres generally
located south of Telegraph Canyon Road hetween Paseo Ranchero and the future
SR-125 alignment. The Otay Ranch SPA One application is the firsl
SPA/specific plan submitted to implement the Otay Ranch GDP/SRP jointly
approved by the City and County on 10/28/93. Staff recommends Council place
the ordinance on second reading and adoption. (Special Planning Projects
Manager, Otay Ranch Projecl)
7. RESOLUTION 18328 ACCEPTING BIDS AND AWARDING CONTRACT FOR "POLICE
DEPARTMENT WOMEN'S LOCKER ROOM RENOVATIONS (PS 144)"
AND AUTHORIZING EXPENDITURE THEREFOR- On 5/13/96, hids were
received for the construction of a new police women's locker room and
expansion of the restroom on the main level of the police building. Staff
recommends approval of the resolution awarding the contract to Woodburn
Construction in !be amount of $42,8 17. (Chief of Police and Director of Public
Works)
8. RESOLUTION 18329 APPROVING REQUEST FROM KBNT CHANNEL 19 FOR PERMISSION
TO CONDUCT A SPECIAL EVENT, FIESTAS PATRIAS, ON SUNDAY,
SEPTEMBER 15, 1996, AND AUTHORIZING THE MAYOR TO ENTER
INTO AN INDEMNlFICATION AGREEMENT WITH THE SAN DIEGO
UNIFIED PORT DISTRICT - KNBT Channel 19, a Spanish-language
television station, is requesting permission to conduct a Fiestas Patrias special
event on Sunday, Septemher 15, 1996, in and around Bayside Park. As a co-
sponsor of the event, the Cily is applying for a Tidelands AClivity Permit from
Ihe San Diego Unified Port District, which contains indemnificalion language.
Staff recommends approval of the resolulion. (Director of Parks and Recreation
and Chief of Police)
9. RESOLUTION 18330 APPROVING THE RENEWAL OF THE AGREEMENT WITH THE
SWEETWATER UNION HIGH SCHOOL DISTRICT FOR JOINT USE
OF THE LffiRARY FACILITY AT EASTLAKE HIGH SCHOOL - The
original three-year agreement providing for the joint use of the EastLake High
School Library will expire on 6/30/96. On 12/19/95, Council directed Library
staff 10 negoliate a renewal of the joinl use agreement with School Dislrict staff.
Staff recommends approval of the resolution. (Library Direclor)
Agenda -3- June 11, 1996
10. REPORT APPLICATION OF THE CHULA VISTA PUBLIC LffiRARY FOR
CALIFORNIA DEPARTMENT OF EDUCATION, ADULT BASIC
EDUCATION, SECTION 321 FUNDING FOR THE TWO-YEAR PERIOD
FISCAL YEAR 1996/97 AND FISCAL YEAR 1997/98 THROUGH THE
CHULA VISTA LITERACY TEAM - The Chula Vista Public Library has
applied for $5,840 in California Departmenl of Education, ABE Seclion 321
funds for fiscal years 1996/97 and 1997/98 (subject to availability of funds from
the federal government). The funds will he used to improve the quality and
responsiveness of programs which enable adults to acquire basic literacy skills.
Staff recommends Council accept the report and ratify the Library's application
for California Department of Education Adult Basic Education, Seclion 321
funding. (Library Director)
* * 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 piak fonn to speak in opposition to the staff recommentlation.) Comments are limited to five minutes per
individual.
11. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER
70 FOR CONSTRUCTION OF A 35-FOOT IDGH FREESTANDING SIGN
AT THE BROADW A Y ENTRY TO CHANNELSIDE SHOPPING CENTER
The sign is exempl from Ihe California Environmental Quality Acl by a Class
11 (a) exemplion. On 7/25/94, the Design Review Committee reviewed and
approved the sign with a maximum of five panels. The Coastal Commission
approved a Local Coastal Program (LCP) amendment on 517/96, to allow
freestanding signs up to 35 feet in height within the Inland Parcel, Subarea 4 of
the LCP. Staff recommends approval of the resolution. (Director of
Community Development)
RESOLUTION 18331 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT
PERMIT NUMBER 70 FOR A 35-FOOT IDGH FREEST ANDING SIGN
AT THE BROADWAY ENTRY TO CHANNELSIDE SHOPPING CENTER
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Councü'sjurisdiction that is!l!l1 an item on this agentlafor public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agentla.) 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.
1 _....___ _ _"_n._.._______
Agenda -4- June 11, 1996
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agentla are expected to elicit substantiol discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the CouncU
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request ta Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
12. RESOLUTION 18326 ADOPTING A CITY COUNCIL POLICY ON INSTALLATION OF
SPEED HUMPS FOR RESIDENTIAL STREETS - On 1/24/95, Council
requesled comments from Ihe Safety Commission on a Portland, Oregon report
entitled "Reclaiming Our Streets." On a companion neighborhood traffic safety
item, Council on 3/28/95, requested that the Safety Commission consider the
appropriateness of speed humps on residential streets as a part of their review
of the Portland report. Staff recommends approval of Ihe resolution. (Direclor
of Public Works) Continued from the meeting of 6/4/96.
13.A. RESOLUTION 18332 AUTHORIZING THE CONSTRUCTION OF A PIPE GATE AND
ADDITIONAL POSTS TO PREVENT VEffiCULAR ACCESS ON CITY
PROPERTY IN THE "D" STREET/FIRST A VENUE AREA - On 4/16/96,
Council revoked an encroachment permil issued to Bettie Warren for a fence and
gate across a City'Ûwned parcel of land north of the interseclion of "D" Street
and First Avenue. The conditions of the revocation, however, allowed the gate
to remain in place until staff was able to return with a report on alternatives to
prevent vehicular access so long as pedestrian access was not interfered with.
In addition, the residents indicated that Ms. Warren had erected a fence that
enclosed a portion of the City'Ûwned parcel without a permit. She has applied
for an encroachment permit to allow that fence to remain. Staff recommends
approval of Ihe resolutions. (Director of Public Works)
B. RESOLUTION 18333 DENYING AN ENCROACHMENT PERMIT TO BETTIE WARREN FOR
A FENCE WITHIN CITY PROPERTY AND AUTHORIZING THE SALE
OF CITY OWNED LAND IN THE D STREET/FIRST AVENUE AREA
SUBJECT TO CERTAIN EASEMENTS
14. RESOLUTION 18334 APPROVING AN INCREASE IN THE CITY'S REGIONAL FUND
ASSESSMENT ADMINISTERED BY THE METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB) - The MTDB is requesting an increase in
the Cily's annual Regional Service Fund assessment to reflect changes in
regional transit services that have occurred since 1984. Staff recommends
approval of the resolution. (Director of Public Works)
1
Agenda -5- June 11, 1996
15. REPORT DENYING CITIZEN REQUEST FOR THREE-WAY STOP AT
OLEANDER A VENUE AND MARIPOSA CIRCLE/MARIPOSA STREET-
Based on the provisions of the Safety Commission Policy, adopted by Council
on 3/14/95, whenever the Safety Commission and the cily engineer differ on the
implementation of a traffic related issue, both parties have the right to appeal the
matter to the Council for final resolution. The report, denying the request for
a three·way stop is the city engineer's appeal to over rule the recommendation
of the Safety Commission to install a three-way stop. Staff recommends Council
accept the staff report, thereby denying the request. (Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Councü will discuss items which have been removed from the Consent Calentlar.
Agentla items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes peT individual.
OTHER BUSINESS
16. CITY MANAGER'S REPORTIS)
a. Scheduling of meelings.
b. Replacement of the City Attorney.
17. MAYOR'S REPORT IS)
a.!. RESOLUTION 18335 TAKING A POSITION TO SUPPORT SB 1958 AND TO
SUPPORT A RELATED SAN DIEGO COUNTY PROPOSAL FOR
A 1/4 CENT 5-YEAR SALES TAX FOR LIBRARIES
2. RESOLUTION 18336 TAKING A POSITION TO OPPOSE AB 3116 (CURRENTLY
INACTIVE) REGARDING STATE PRISON CONSTRUCTION
INCLUDING FACILITIES IN THE SOUTH BAY, AND
AMENDING THE LEGISLATIVE PROGRAM ACCORDINGLY-
These items are not addressed in the Legislative Program or otherwise
require direct Council action.
18. COUNCIL COMMENTS
Councilmemher Rindone
a. Concerns regarding attorney fees paid for the City Manager.
ADJOURNMENT
Tbe meeting will adjourn to (a closed session and thence to) a Special MeetinglWorksession on Wednesday, June
12, 1996 at 6:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting on June
18, 1996 at 6:00 p.m. in the City Council Chamhers.
Agenda -6- June 11, 1996
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 items of business which are pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of 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 Jil¡gJ action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
19. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957 - Title:
Interùn City Attorney
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
20. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
............ ...
1 ---.----.-
Tuesday, June 11, 1996 Council Chambers
6:00 p.m. Public Services Building
Re!!\llar Meetin2 of the City of Chula Vista City Council
ADDENDUM
CLOSED SESSION
20. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
GovenuDent Code Section 54956.9
· Fritsch va. the City of Chula Vista
Tuesday, June 11, 1996 Council Chamhers
6:00 p.m. Public Services Building
Re!!\llar Meetin2 of the Citv of Chula Vista Citv Council
ADDENDUM
CLOSED SESSION
20. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
· Fritsch vs. the City of Chula Vista
Tuesday, June 11, 1996 Council Chambers
6:00 p.m. Public Services Building
Re!!\llar Meetin2 of the City of Chula Vista Citv Council
ADDENDUM
CLOSED SESSION
20. CONFERENCE WITII LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
· Fritsch vs. the City of Chula Vista
wI declare ",ndor penalty of perjury that I am
employed by tho City of Chula Vista in the
Office of the City Clerk end thai I posted
this Agenda/Notice on the Bulletin Board at
the Public o/es Building an . t City 'Rail on
..
DATED. tØ 9¿ SIGNED
/
June 6, 1996
TO: The Honorable Mayor and Cit~
FROM: John D. Goss, City Manager ~
SUBJECT: city council Meeting of June 11, 1996
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, June 11, 1996. Comments regarding
the Written Communications are as follows:
5a. This is a letter from the Assistant City Attorney stating
that, as a result of deliberations that occurred in Closed
Session on June 4, 1996, the city Council discussed a
potential case of litigation, the name of which is being
withheld under the authority of Government Code Sec.
54956.9.1, and MSUC (Moot/Alevy) to appropriate up to $20,000
for legal services. The city Council also discussed Fritsch
v. the City of Chula Vista, Christopher 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.
5b. This is a resolution from the International Christian Center
located at 1236 Third Avenue requesting that the city waive
the sewer connection fees for a new sewer connection for their
property. On Saturday, May 4, 1996 the Public Works
Department was notified that a large hole had appeared close
to the City's sidewalk adjacent to their property. The hole
was created by the collapse of the Church's cesspool. When
the Operations Division investigated the situation they found
a number of children standing at the edge of the hole, peering
into it. As a safety measure because they were unable to
contact anyone from the Church, they backfilled the failed
cesspool. As a result of the collapse of the cesspool, under
County Health Department regulations which prohibit new septic
systems when a sewer facility is available in the street, the
Church would have been required to make connection to the
sewer whether or not City crews had filled the failed system.
The total amount required to be paid before connection could
be approved is $2,109.00 in Sewer Capacity purchase based on
0.95 equivalent Dwelling units (EDU's) plus $3,015.00 for the
lateral installation charge plus $30.00 Administrative fee for
a total payment of $5,154.00. Since the City Attorney has
opined that the City Council has no authority to waive sewer
connection fees, IT IS RECOMMENDED THAT THE CITY COUNCIL
INSTRUCT STAFF TO REPLY TO THE INTERNATIONAL CHRISTIAN CENTER
INDICATING THAT THE COUNCIL CANNOT WAIVE THE FEE AS REQUESTED,
BUT THAT STAFF WOULD WORK WITH THEM TO MAKE ARRANGEMENTS TO
PAY THE FEE OVER A PERIOD OF TIME NOT TO EXCEED THREE YEARS.
5c. This is a request from Regina Hickey for an addendum to
include "legally recorded easement" in the City's current
ordinance which restricts skateboarding. In reviewing the
Muncipal Code, the City Attorney's Office and the Police
Department are in agreement that Section 10.28.090(c)
(attached) addreses Ms. Hickey's concerns and there is no need
to amend the ordinance if the property in question is posted
by the property owner. IT IS THEREFORE RECOMMENDED THAT THIS
LETTER BE RECEIVED AND FILED.
In reference to Ms. Hickey's second request, staff has checked
calls for service to the apartment complex in question for
calendar year 1996 and found approximately 14 calls for
service. Only one appears to be directly related to Ms.
Hickey's complaint of skateboarding.
In October 1995, in part at the insistence of Ms. Hickey,
staff initiated a Problem Oriented Policing (POP) Project at
the same complex. The basic complaint dealt with drug
activity, disturbances, loitering and other related
activities. This project, which was closed in March 1996,
resulted in a diminishing of these activities, and a reduction
in police calls.
JDG:mab
--..- . - _. -..-
10.28.070 Freeway use restrictions.
No person shall drive or operate any bicycle, motor·driven cycle, or any vehicle which is not drawn
by a motor vehicle upon any street established as a freeway as defined by stale law, nor shall any pedestrian
walk across or along any such street so designated and described excepl in space set aside for the use of
pedestrians, provided official signs are in place giving notice of such restrictions. (Authorized by Section
21960 Vehicle Code). (Ord. 973 §1 (part), 1966; prior code §19.8.9).
10.28.080 Blocking intersections prolu'bited.
No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient
space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without
obstn¡cting the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication
to proceed. (Ord. 973 §1 (part), 1966; prior code §19.8.1l).
10.28.090 Toy velúcle use restrictions-Skateboard defined.
.... It is unlawful for any person to skate, or use or ride any roller skates, coaster, skateboard, toy vehicle
or other similar device upon or over any public street, bridge, underpass, sidewalk space, sidewalk,
or public property within the business district of the city. Business district is defined by the California
Vehicle Code as 'that portion of a highway and the property contiguous Ihereto (a) upon one side of
which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting
thereon is occupied by building in use for business, or (b) upon both sides of which highway,
collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon,
is so occupied. A business district may be longer than the distances specified in this section if the
above ratio of buildings in use for business to the length of the highway exists.'
B. No ~erson shall ride any of the above described devices within any parking structure or upon ony
public grou.nds where people are assembled, including bUI not limited to trolley srations, Civic Ccnl\'I'
complex, LIbrary complex, and shopping centers. This ordinance does not preclude the riding of
skateboards within areas designared for such activity.
C. No person shall ride any of the above describ¿d devices within any privately owned property without
the written pennission from the property owner.
'Skat~board' ~o,: the Pu:P0ses of this. chapter. means any toy or device upon which a person may ride
standUlg or SIttUlg, whIch coasts, glides, or IS propelled by human power, and which is a board or
other surface mounted on one or more wheels.
(Ord. 2304 §1, 1989; Ord. 973 §1 (part), 1966; prior code §19.16.1).
~...
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CllY OF
CHUIA VISTA
OFFICE OF THE CITY A TIORNEY
Date: June 5, 1996
To: The Honorable Mayor and City Council
From: Ann Moore, " 0... -.,.t\.
Asslstant Clty Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 6/4/96
The purpose of this letter is to announce that as a result of
deliberations that occurred in Closed session on June 4, 1996, the
Assistant City Attorney reports that the city Council discussed a
potential case of litigation, the name of which is being withheld
under the authority of Government Code §54956.9.1, and MSUC
(Moot/Alevy) to appropriate up to $20,000 for legal services.
The City Council also discussed Fritsch v. the City of Chula Vista,
Christopher 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
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276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691·5037 . FAX (619) 585-5612
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1236 Third Avenue ~ECEIVEÐ
Chula Vista, CA 91911
U.S.A. "96 IlAY 28 PI :20
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P.O. Box 3332 ¡reF 6HUlA ViS';
Chula Vista. CA 91909 ·'f "1ft (' S OF F Ii
U.S.A.
Tel.: (619) 585-8717
RESOamON REQUESTING THE CITY COUNCIL OF CHULA \IST A .
THROUGH THE DEPARTMENT OF PUBLIC \VORKS, TO WAIVE TIlE SEWER
CONN"ECTION FEE OF FIVE THOUSA"TI ON"E HUNDRED FIFTI' FOUR
DOLLARS ANTI SL\': CENTS ($5.154.06) IN FAVOR OF THE INTERNATIONA.L
CHRISTIAN CENTER
W1fEREAS, the International Christian Center (ICC) located at 1236 Third Avenue, has
been organized in 1989 to minister to multi-ethnic populations and to help the City of
Chula Vista in the maintenance of peace and order and in the prevention of crime and
juvenile delinquency, through its varied spiritually enriching programs;
WHEREAS, the ICC is a tax-exempt non-profit orgalÙzation without any means of income
except from the tithes and pledges of its members.
W1fEREAS, on May 4, 1996 the Department of Public Works of the City ofChula Vista
filled up a hole in our church prellÚses without the knowledge of the church officers; thus
unknowingJy fùling up its septic reservoir thus clogging its toilet facilities.
WHEREAS, to remedy the situation, the ICC have to cormect its sewer line to the sewer
syslem of the City.
WHEREAS, the ICC carmot afford to pay the sewer cormection tèe of $5,154.06 due to
its vel)' limited budget: and that the congregation has decided to fùe this resolution to
request the honorable members of the Cily C oUtlcil to waive the sewer connection fee.
BE IT RESOLVED, AS IT IS HEREBY RESOLVED. that this request be submitted to
the City Council of Chula Vista for consideration and favorable action.
Signed on May 26, 1996 in the City of Chula Vista, by the officers and members of the
International Christian Center.
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Chula Vista, CA 91911
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1236 Third Avenue
Chula Vista, CA 91911
U.S.A.
~"""/~r.id'
P.O. Box 3332
Chula Vista, CA 91909
U.S.A.
Tel.: (619) 585-8717
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ASSEMlUES OF GOD
pA-.r~~~ ~. !Ø.ud~ 5/; -~_. ~J4.""
Senior Pastor Senior Associate Pastor I\~sociate Pastor
.. - -- ,....----..-...---.... _..--..__._----_._~ --...'----'--------.---. ...
THIS 'AGE BLANK
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"'ECIIVE. r, , .. -,-~-~'~-'--"- r-\ I
t! ¡; ',..\:
'96 .... -3 "2'''6 ¡ ;.,;
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May 31, 1996 ,.;'" t.'j:;Q , h..-I
, --_---1
.œ~IST¡' L...
. ,'S' FilE 'I ;:. Cf-i refS
Mayor Horton lLf. \':SI^ CI~
and Members of the Council
Chula Vista, CA
The City Council passed an ordinance preventing
ball-playing, skating, rollerblading and use of
wheeled equipment on City property, which keeps the
children off of property around your City offices.
Will you please add to this Ordinance the words,
"legally recorded easement for ingress and egress on
private property. " ?
South Bay Community Services owns and operates Casa
Nueva Vida.
They have attracted large numbers of unruly children
who play on the private easements in and around 17-19
4th Avenue. SBCS has no responsible on-site manager
and (apparently) do not intend to get one. They have
no rental agreement which puts oversight of the child-
ren on the parents.
Child care was promised by SBCS at the initial meeting
of the City Council at which the Council approved
Casa Nueva Vida on a conditional basis.
Children playing in easements limited to ingress and
egress use only IS VERY DANGEROUS.
South Bay Community Services is irresponsible and the
homeless children need to be kept off of adjoining þy
means of an ordinance such as the one you passed to
keep all children off of your property.
The Council and the Police Department have not been
responsive to complaints about the unruly behavior of
undisciplined children living at Casa Nueva Vida.
How may I propose such an ordinance other than by letter
to the Council?
~ Please respond.
CC <0. ' J;:f>1 . ,;t!~:;:: . '00\",
~~C?~L-C.-C WRITTEN Regþa HiCM
~ ('0" ,,21 4th Avenue A
. 'J) Ittu
cc: City Attorney ~-' ''If ,'~ ;~, ",. ~ :I/' Jç::
c;> Mm'" Mm.,_ "oooh, & I{;~ lff''''..".~/;
Board of Directors, SBCS C ~ / "~'i8';'¡;';
.q¡.j'
I
,
the I
Godi"clíristlisíiniiH: week 00 ~ presidential' campaign :...
,I,
');.,'. '
"" "
I",,"
.....,'-.
President Clinton cares about our children.
Kathy Lembo, South Bay Community Services, Inc does
not care about the homeless children being housed at
Casa Nueva Vida.
There is no responsible on-site management. The parents
are not required to supervise their children.
The result: large numbers of children, some as little as
two years of age, are playing on the easements surrounding
Casa Nueva Vida and on adjoining private property.
THIS IS A VERY DANGEROUS PRACTICE AND DOES NOT LEAD TO
TRAINING THE HOMELESS FAMILIES TO GET OFF OF THE STREETS
AND BECOME RESPONSIBLE AMERICANS~
~-~
ORDINANCE NO. s,(ç,?1.{. ~\P<?'\\O~
AN ORDINANCE OF THE CITY COUNCIL ~~TY OF
CHULA VISTA APPROVING THE RANCH
SECTIONAL PLANNING AREA ~)~ NE PLANNED
COMMUNITY DISTRICT REGU~ S (pCM 9S-0lB)
WHEREAS, an application for adoption of the Otay Ranch Sectional Planning Area
(SPA) One Plan, was filed with the City of Chula Vista Planning Department in July, 1994 by
the Otay Ranch L.P. ("Applicant"), and;
WHEREAS, the Otay Ranch SPA One Planned Community District Regulations are
intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch
General Development Plan (GDP), to implement the City of Chula Vista General Plan for the
Eastern Territories, to promote the orderly planning and long term phased development of the
Otay Ranch GDP and to establish conditions which will enable the Otay Ranch SPA One to exist
in harmony within the community ("Project"), and;
WHEREAS, these Planned Community District Regulations are established pursuant to
Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community
Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan, and;
WHEREAS, the SPA One Plan project area includes all of Village Five and the portion
of Village One east of Paseo Ranchero. The SPA One Plan project area is comprised of
approximately 1,061.2 acres of land located south of Telegraph Canyon Road between Paseo
Ranchero and the future alignment of SR-125. The area west of Paseo Rancho has been
excluded from the SPA One Plan due to the difficulty in master-planning a village with a major
roadway, Paseo Ranchero, bisecting it. In addition, habitat in Village One, west of Paseo
Ranchero, needs further analysis, and;
WHEREAS, a GDP amendment was required to process this SPA without the area west
of Paseo Ranchero due to a requirement in the GDP that stated that all villages must be master-
planned as a unit, and;
WHEREAS, a GDP amendment was approved by the City Council of the City of Chula
Vista on May 14, 1996, to allow SPA One to be processed without the area west of Paseo
Ranchero, and;
WHEREAS, the SPA One Plan refines and implements the land plans, goals, objectives
and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28,
1993, and amended on May 14, 1996, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project
and notice of said hearings, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and tenants
within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing,
~~ ~-I
_ _ __·__'_'__,"M_~__._.._
Ordinance No.
Page 2
and;
WHEREAS, the hearings were held at the time and place as advertised on November 8,
1995 and November 15, 1995 in the Council Chambers, 276 Fourth A venue, before the Planning
Commission. Said hearings were continued to March 27, 1996, April 10, 1996, April 24, 1996
and May 1, 1996 by a motion of the Planning Commission at which time, said hearings were
thereafter closed, and;
WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft
Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and
Addendum, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been
issued to address environmental impacts associated with the implementation of the Project, and;
WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by
reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan
(GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as
their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program
EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of
Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified
by the Chula Vista City Council on March 21, 1995, and;
WHEREAS, to the extent that these findings conclude that proposed mitigation measures
outlined in the Final EIR and Addendum are feasible and have not been modified, superseded
or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors
in interest, to implement those measures. These findings are not merely informational or
advisory, but constitute a binding set of obligations that will come into effect when the City
adopts the ordinance approving the Project. The adopted mitigation measures are express
conditions of approval. Other requirements are referenced in the Mitigation Monitoring and
Reporting Program adopted concurrently with these Findings and will be effectuated through the
process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on the Draft EIR, the Recirculated EIR and Addendum held on
November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their
public hearings held on this Project on November 15, 1995, March 27, 1996, April 10,
pcm9501b.doc
1111)_1_ .:¿ ~. ¿ -..2
r ~ '
.- . . , -
Ordinance No.
Page 3
1996, April 24, 1996 and May 1, 1996 and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby approves the ordinance adopting the Planned Community
District Regulations for the Otay Ranch SPA One Plan finding that they are consistent
with the City of Chula Vista General Plan and that the public necessity, convenience,
general welfare and good zoning practice supports their approval and implementation.
II. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of
Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding
Considerations are prepared in accordance with the requirements of the CEQA, the State
EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista.
VI. This ordinance shall take effect and be in full force the thirtieth day from its adoption.
Presented by Approved as to form by
1/0-,\/ f-c"",-
,-.,-,-- I , ,-P1~
Gerald Jamriska, Special Bruce M. Boogaard, City
Planing Projects Manager Attorney
A:\ccn _ ord\pcm9SOI D.doc
pcm9501b.doc
-Ht> - J>- .3 ~¿'3
COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE 6/11196
ITEM TITLE: Resolution /8" J ~ B,::ccepting Bids and A warding Contract for '
"Police Department Women's Locker Room Renovations" (PS 144)
and authorizing expenditures, therefore
SUBMITTED BY: Director of Public Works~
Chief of Police ¡l'U(.-/
REVIEWED BY: c¡" -",~)4 ~ ~ ('¡51 lIS VOTE, YES_ NO-".)
At 10:00 AM on May 13, 1996 in the front office of the Public Works Building, the Building
Project Supervisor received bids for the renovation of the police women's locker room and
restroom on the main level of the police building,
RECOMMENDATION: That Council approve the Resolution to:
,
1) Accept bids and award contract to Woodburn Construction in the amount of
$42,817.
BOARDS/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
Funds for this project were approved in the FY 1995-96 Capital Improvement Program (CIP)
budget. The project was funded at $49,000, The scope of work is to provide for renovation
of the police women's locker room and restroom area. The maximum capacity of the existing
women's locker and restroom facilities has been reached in the Police Department. This project
will provide additional locker room space required by female officers.
7'/
----
ITEM
MEETING DATE 6/11/96
Bids were received from four contractors as follows:
WOODBURN, EL CAJON $ 42,817
KIRKWOOD, LAKESIDE $ 44,477
MURRY BUILDERS, LA MESA $ 47,900
C.D.M., EL CAJON $ 48,122
The low bid of Woodburn meets bid specifications. Staff has reviewed the low bidder's
qualifications and references to do the work and found them to be satisfactory. Staff, therefore,
recommends that the contract be awarded to Woodburn.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Attachment A).
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION AMOUNT
A. CONTRACT AMOUNT $ 42,817
B. CONTINGENCIES & STAFF CONSTRUCTION MGMT $ 6,183
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 49,000
FUNDS A V AILABLE (PS 144) AMOUNT
SPCAPOUT (600-6002) $ 12,100
RCT (600-6003) $ 18,900
DIF (36.1 %) POLICE (850-8303) $ 18,000
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $ 49,000
FISCAL IMPACT: This action will authorize the expenditure of $49,000 from funds
appropriated in the Capital Improvement Project (PS 144) resulting in no general fund impact.
?..-;;....
__a___.__._
RESOLUTION NO. )g"3~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "POLICE DEPARTMENT WOMEN'S LOCKER
ROOM RENOVATIONS (PS 144)" AND AUTHORIZING
EXPENDITURE THEREFOR
WHEREAS, at 10:00 a.m. on May 13, 1996, the Building
Project Supervisor received the following four bids for the
renovation of the police women's locker and restroom on the man
level of the Police building:
Woodburn, El Cajon $42,817
Kirkwood, Lakeside $44,477
Murry Builders, La Mesa $47,900
C.D.M. , El Cajon $48,122
WHEREAS, the low bid of Woodburn meets bid specifications
and staff has reviewed the low bidder's qualifications and
references and found them to be satisfactory, and, therefore
recommends that the contract be awarded to Woodburn.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the four bids and awards the
contract to the lowest responsible bidder, Woodburn, in the amount
of $42,817.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the sum of $49,000 is hereby
authorized to be expended from funds appropriated in Capital
Improvement Project (PS 144).
Presented by Approved as to form by
CL~ ~
Richard P. Emerson, Chief of City Attorney
Police
c: \ rs\ locker. bid
7:3
u___...._.__..
ATTACHMENT A
(This affidavit shall be executed by the successful bidder in accordance with instructions in the
Proposal Requirements of this Contract, but bidder may execute the affidavit on this page at the time
of submitting his/her bid).
NON-COLLUSION AFFIDAVIT
To the City of Chula Vista, Public Works Department:
The undersigned, in submitting a bid for performing the following work by Contract being duly
sworn, deposes and says:
That he/she has not, either directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted
any deposit from any subcontractor or material supplier through any bid depository, the by-laws,
rules, and regulations of which prohibit or prevent the Contractor from considering any bid from any
subcontractor or material supplier, which is not processed through said bid depository, or which
prevent any subcontractor or material supplier from bidding to any Contractor who does not use the
facilities or accept bids from or through such bid depository in connection with this Contract .
'If-IO ~~ $/-, &1 Úo)IIJ CA. 120 Ii ~
Business Address
~e. ~~
Place of Residence Signatu idder )
Attach Proper Notarization
M:\ENGtNEER\ADMIN\CONTRACT\PKWYREN2.0 13 71 7-Þ
-._.,.~~--- ,-..-.- ~..... -"'..,._-~ _._~.__.__.-._- ._--~------_......_--- ~-
COUNCIL AGENDA STATEMENT 8'"
Item
Meeting Date 06/11/96
ITEM TITLE: ¡E'Y.J..r
Resolution Approving request from KBNT Channel 19 for permission to
conduct a special event, Fiestas Patrias, on Sunday, September 15, 1996, and
authorizing the Mayor to sign the San Diego Unified Port District's Tidelands
Activity Permit which contains indemnification language.
SUBMITTED BY: Director of par~ Recreatio~
REVIEWED BY: ~:::;~ ÞcJ~ (4/5ths Vote: Yes _ No ..L.)
KBNT Channel 19, a Spanish-language television station, is requesting permission to conduct a Fiestas
Patrias special event on Sunday, September 15, 1996, in and around Bayside Park. As a co-sponsor of
the event, the City is applying for a Tidelands Activity Permit from the San Diego Unified Port District,
which contains indemnification language.
STAFF RECOMMENDATION: That Council adopt the resolution, based on staff's conditions
approving the event and authorizing the Mayor to sign the Port permit.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: KBNT Channel 19, a Spanish-language television station, is requesting permission to
conduct a Fiestas Partrias event on Sunday, September 15, 1996, at Bayside Park. Mexico's Festival of
Independence (Fiestas Patrias) celebrates the anniversary of Mexico's independence from Spain. Popular
belief has been that Cinco de Mayo is the significant Mexican celebration recognizing their independence
from France. However, September 16th is even more significant to Mexico due to the length of time
Spain ruled over their nation. A Fiestas Patrias Festival would focus on community involvement and
participation, emphasizing the importance of the holiday in Mexican culture and history. KBNT would
solicit a Spanish-language radio station to co-sponsor the event.
KBNT has produced other large scale special events in the county, notably a Cinco de Mayo Celebration
that has been conducted in Oceanside for the past six years. That event has developed into the largest
Hispanic community event in North County, and the sponsor would envision similar growth and
popularity here with the Fiestas Patrias.
Staff has met with principals from KBNT to discuss the event, and the support services and supplies that
will be necessary to successfully conduct the festival. KBNT has been notified that the City does not
have resources to provide organizational and logistical support, and that the cost of any and all services
and/or labor provided by the City would have to be fully reimbursed by KBNT.
Staff is recommending conditional approval of the event. KBNT would be required to:
1. Provide all necessary funding to safely conduct the event.
NET-A113-PATRIAS I
~//
Item ~
Meeting Date 06/11/96
2. Provide all necessary personnel to plan, coordinate, promote and produce the event.
3. Provide evidence of adequate insurance coverage as required by the City and the Port, naming
the City and the Port as additional insured on certificates of insurance and policy endorsements.
4. Agree to indemnify, defend, and hold the City hannless from and against any and all claims,
liabilities, and costs, including attorney fees, arising from this event.
5. Provide adequate and appropriate support equipment, supplies, and services such as portable
toilets, traffic control equipment, no-parking and other directional signs, electrical service,
staging, public address systems, temporary shade structures, tables, chairs, and trash receptacles
and trash control.
6. Procure appropriate permits and licenses for specialized services, such as San Diego County
Health Department permits for food and beverage vendors and Fire Department permits for
temporary structures and food preparation equipment.
7. Provide adequate security for participants and spectators, as determined by the Chula Vista Police
Department: KBNT has had initial planning meetings with the Police Department, and a minimum
of one (I) supervisor and three (3) motor officers from CVPD will be required to supplement
additional security personnel. All costs for City Police support will be reimbursed by KBNT
following the event.
8. Involve the City's Conservation Coordinator in the initial planning phases to reduce the
generation of solid waste and encourage the use of recyclable materials by vendors.
It should be noted that their are a number of special events scheduled early next fall: the annual Orange
Crate Derby is tentatively scheduled for September 7 & 8, Harbor Day is scheduled on September 21,
Bonitafest will be conducted on September 28, and the Third Avenue Festival is scheduled for October
6. Approval of this event would commit the City to support relatively large-scale special events five (5)
weekends in a row. The Police Department believes they can adequately handle these events. All of
these events have impacts on City staff, most notably the Police Department.
FISCAL IMPACT: There will be no direct fiscal impact to the City in approving this event, since the
sponsor will be providing all required supplies, services, and personnel to plan and implement the event.
Police services required would be fully reimbursed by the Sponsor following the event.
NET-A113-PATRIAS 2
~-.2
RESOLUTION NO. 18'.3.2. /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REQUEST FROM KBNT
CHANNEL 19 FOR PERMISSION TO CONDUCT A SPECIAL
EVENT, FIESTAS PATRIAS, ON SUNDAY, SEPTEMBER
15, 1996 AND AUTHORIZING THE MAYOR TO SIGN THE
SAN DIEGO UNIFIED PORT DISTRICT'S TIDELANDS
ACTIVITY PERMIT WHICH CONTAINS INDEMNIFICATION
LANGUAGE
WHEREAS, KBNT Channel 19, a Spanish-language television
station, is requesting permission to conduct a Fiestas patrias
special event on Sunday, September 15, 1996, in and around Bayside
Park; and
WHEREAS, as a co-sponsor of the event, the City is
applying for a Tidelands Activity Permit from the San Diego Unified
Port District, which contains indemnification language.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chu1a Vista does hereby approve the request from KBNT
Channel 19 for permission to conduct a special event, Fiestas
Patrias, on Sunday, September 15, 1996 subject to the following
conditions of approval.
1. Provide all necessary funding to safely conduct the event.
2. Provide all necessary personnel to plan, coordinate, promote
and produce the event.
3. Provide evidence of adequate insurance coverage as required by
the City and the Port, naming the City and the Port as
additional insured on certificates of insurance and policy
endorsements.
4. Agree to indemnify, defend and hold the City harmless from and
against any and all claims, liabilities and costs, including
attorney fees, arising from this event.
5. Provide adequate and appropriate support equipments, supplies,
and services such as portable toilets, traffic control
equipment, no-parking and other directional signs, electrical
service, staging, pUblic address systems, temporary shade
structures, tables, chairs, and trash receptacles and trash
control.
6. Procure appropriate permits and licenses for specialized
services such as San Diego County Health Department permits
1
~-J
for food and beverage vendors and Fire Department permits for
temporary structures and food preparation equipment.
7. Provide adequate security for participants and spectators, as
determined by the Chula Vista Police Department: KBNT has had
initial planning meetings with the Police Department, and a
minimum of one (1) supervisor and three (3) motor officers
from CVPD will be required to supplement additional security
personnel. All costs for city Police support will be
reimbursed by KBNT following the event.
S. Invol ve the City's Conservation Coordinator in the initial
planning phases to reduce the generation of solid waste and
encourage the use of recyclable materials by vendors.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to sign the San Diego Unified Port
District's Tidelands Activity Permit which contains indemnification
language.
Presented by Approved as to form by
,~~~.
Jess Valenzuela, Director of ci y Attorney
Parks and Recreation
C:\rs\patrias.915
2
?-'I
October 28, 1996
*
District Attorney's Office
500 Third Avenue
Chula Vista, CA 91910
Dear *:
During this current election, we have been having some problems with people complying with
the City's Campaign Contribution Ordinance. According to the ordinance, the District Attorney
is named as the official to investigate and enforce the City's ordinance.
The violation occurred when Dr. Salganick notified the City of his intention to spend $30,000
in support of Dennis Rowley and in non-support of John Moot. On October 22, I sent a letter
notifying him of a possible violation of the City's ordinance. On October 28, he notified me
that the City was trying to silence his "free speech rights. "
According to the City's Campaign Ordinance, neither the City Clerk or City Attorney is to
investigate or prosecute any alleged violation, but are to refer the matter to the District Attorney
for such investigation and enforcement. Therefore, by way of this letter, I am referring the
matter to you. Enclosed you will find a copy of the City's Campaign Ordinance; letter from Dr.
Salganick dated October 18, 1996; my reply to him dated October 22, 1996; his Form 496, Late
Independent Expenditure Report; his letter dated October 28, 1996; and my reply also dated
October 28, 1996.
It would be appreciated if you would review the material and respond to me as quickly as
possible your decision on this matter.
Sincerely,
Beverly A. Authelet, CMC/ AAE
City Clerk
enclosures
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COUNCIL AGENDA STATEMENT
ITEM 9
MEETING DATE: 6/11/96
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ITEM TITLE: Resolution Approving the Renewal of the Agreement with the
Sweetwater Union High School District for Joint Use of the Library
Facility at EastLake High School
SUBMITTED BY: ù>my Th<,"o<;tf ~
REVIEWED BY: City Manager ~ ~ ...........
(4/5th Vote: Yes_No~
The original three year agreement between the City of Chula Vista and the Sweetwater Union High
School, providing for the joint use of the EastLake High School Library will expire on June 30, 1996.
At the meeting of December 19, 1996, the City Council accepted a report on the continuation of the
joint use agreement and directed staff to negotiate a renewal. (ATTACHMENT A)
RECOMMENDATION: That Council approve the renewal of the agreement for the joint use of
the EastLake High School Library for a three year period; June 30, 1996-June 30, 1999.
BOARD/COMMISSION RECOMMENDATION: At their meeting of December 6, 1995, the
Library Board of Trustees voted to recommend that the agreement between the City and the
Sweetwater Union High School District, providing for the joint use of the EastLake Library, be
renewed for another three year period (ATTACHMENT B). At the Board's meeting on May 1, 1996,
the Library Board of Trustees reviewed a draft of the renewal agreement and voted their support.
(ATTACHMENT C)
DISCUSSION:
In January 1996, Library and School District staff began negotiating a renewal of the library joint use
agreement. The new agreement (ATTACHMENT D) has the full support of City Library and
EastLake High School staff It has been thoroughly reviewed by attorneys rrom both the City and
the School District and the City's Risk Manager.
The renewal agreement continues the basic premise of the first agreement. The School District will
allow the City to use the Library, rent rree, after regular school hours on weekdays and weekends.
(Current City Library hours are: Monday - Thursday 3:30pm to 8:00pm, Saturday 10:00am to
4:00pm, Sunday 1:00pm to 5:00pm) The District provides for all custodial services and pays for all
utilities, except for the City Library's fax line. On-campus parking is provided for the public and
staff The City Library provides the School Library access to its automated library system, including
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circulation and online catalog functions, with the District following City policies regarding patron
registration, loan periods, fines, access to materials and restrictions for delinquencies. The City
Library also provides access to its infonnation network via fuune relay. The District provides campus
security, while the City provides a security guard inside the library facility during library open hours.
Both parties agree to make reasonable efforts to maintain and enrich the book collection. Both
parties also agree to allow all patrons equal access to all library materials, regardless of jurisdiction
or ownership. Neither party shall remove, label or prohibit access to any library material owned by
the other party.
All of the changes in the agreement renewal have been of a minor nature. They include removing
outdated references, clarifications, and a general clean-up of the document.
If approved by both parties, the agreement will be in effect until June 30, 1999.
The Board of the Sweetwater Union High School District is scheduled to vote on this renewal at their
next meeting, which is on July 7, 1996.
FISCAL IMPACT:
In FY 1996-97, a budget of $130,990 has been proposed for City operations of the EastLake Library.
InFY 1996-97, the EastLake Development Company will make one final payment of$95,125 in lieu
of previously negotiated Public Facilities and Financing Plans for interim library obligations. This
payment will account for 73% of the City's operating costs next fiscal year. The City will absorb the
entire cost of operating EastLake Library in FY 1997-98. Loss of funding by either party to support
the operation of the Facility is a cause for tennination or suspension of the agreement.
.
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RESOLUTION NO. J,?':J;JtJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RENEWAL OF THE
AGREEMENT WITH THE SWEETWATER UNION HIGH
SCHOOL DISTRICT FOR JOINT USE OF THE LIBRARY
FACILITY AT EASTLAKE HIGH SCHOOL
WHEREAS, the original three year agreement between the
City of Chula vista and the Sweetwater Union High School, providing
for the joint use of the EastLake High School Library will expire
on June 30, 1996; and
WHEREAS, at its meeting of December 19, 1995, the City
Council accepted a report on the continuation of the joint use
agreement and directed staff to negotiate a renewal; and
WHEREAS, staff has negotiated a three year renewal
agreement which has the full support of City Library and EastLake
High School staff.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the renewal of the Joint
Use Agreement with the Sweetwater Union High School District for
the Facilities located at EastLake High School, 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
David Palmer, Library ~t~~
Director
C:\rs\library.El
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/ ATTACHMENT A
Minutes
Decemher 19, 1995
Page II
Mr. Lippitt replied tbal once the facility was huilt it was an extremely expensive procedure. Therefore, staff felt
the variance procedure was more cost effective.
Councilmemher Alevy stated il was a considerable variance and il bothered him that Southwestern College J.d
closed the swimming pool and tenDis courts 10 the Parks & Recreation program. He felt thai those discussioas
should he reopeued.
Councilmemher Padilla stated the calculalions were eXlremely difficull 10 understand. The ordinance allowed a
relroactive period for refund 90 days preceding Ihe date of filing of the variance applicalion. According 10 the staff
report Ihe variance fee was received by the Cily on 1/11/94 and he queslioned when the appJicalion was received
and why there was SIIch a long lime delay.
Mr. Lippitt stated the application was received 1/11/94 and Ihe period went hack 10 10/21/93. The fee aDd
application were received al the same lime. The City Manager approved the variance in Septemher and al that poinl
Ihe College was not charged the higher rate. There had been several problems in checking the melers and gettiug
information 10 and from the College.
Councilmemher MooI agreed tbat Ihe calculation for the refund was eXlremely complex. He queslioned how !be
Council could he Sllre thai everyone similarly siluated would he lreated the same way. Was the City giving !be
College a refund that was in any way different from refunds given to other schools similarly situaled.
Mr. Lippitt stated it was 8 similar situation to several other schools. Unl~...s a variance was requested the basis for
the sewer billing was the basic water usage. Staff had nol SIIrveyed all agencies or schools in Ihe past regarding
the problem, bul staff had worked with those districts that had come fOlWard requssling a variance.
Mr. Morris responded thai Ihe formula was the same, hul the actual factors thai resulled from thai could vary.
Councilmemher Rindone stated he did not feel Ihe elementary and secondary school dislricts should have 10 discover
that a variance was available. The intent of his motion was to have staff determine whether any of Ihe other schools
would he eligible for a variance and to work wilh those districts.
VOTE ON MOTION: approved unanimously.
@ REPORT CONTINUATION OF THE JOINT-USE AGREEMENT WITH THE SWEETWATER UNION
GH SCHOOL DISTRICT FOR USE OF THE LIBRARY FACILITY AT EASTLAKE fiGH SCHOOL-
The original three-year agreemenl with Sweetwater Union High School providing for joint use of the EastLake
Library will expire in June 1996. The currenl agreement allows for an extension of the nominal lerm. Staff
recommends Council accept the report and direct staff 10 negotiate a renewal for Council's approval. (Library
Direclor)
Councilmemher Rindone stated he would abstain from participation as had been his policy when his employer was
involved in an item.
MSC (Alevy/Padilla) to accept the report and staff recommendations. Approved 4-O-ð-l with Rindone
abstaining.
ITEMS PULLED FROM THE CONSENT CALENDAR
Items pulled: 8, 9, lIB, and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
20. CITY MANAGER'S REPORTIS) - None
93
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ATTACHMENTB
Library Board of Trustees -2- December 6, 1995
Chair Clover-Byram asked if the Library had investigated using a bulk rate stamp
as many non-profit agencies use bulk rate. (Trustee Alexander arrived at 3 :40 pm)
ACTION B. Acceptance of California State Library Matching Funds by Literacy Team
MSUC (Donovan/WilIiams) the Library Board supports the acceptance of
California State Library Matching funds
II. CONTINUED MATTERS
A. EastLake Library
Director Palmer introduced Rosie Diciedue, Senior Librarian at the EastLake
Library. He then briefly reviewed some statistics that had been included in the
Trustees packet regarding the EastLake Library.
Library staff had recently conducted a Public Library Association designed survey
of users who came into the EastLake library. Based on information trom the
survey, other statistical analysis and input received during an EastLake Town
Meeting, Mr. Palmer recommended that the joint use agreement with the
Sweetwater Union High School District for the EastLake facility be continued for
another three year period.
Trustees discussed citizen response at the EastLake Town Hall meeting and also
the suggestion that the facility be open until 9 pm. Trustee Viesca asked about
the issue of shelving and signage. Barbara Jones, High School Librarian, discussed
issues of shelving and custodial assistance during public library hours.
MSUC (WiIliamsIDonovan) that the Library Board supports continuing the
EastLake Joint Use Agreement for an additional three years.
Director Palmer reported that the Library Board's recommendation will go before
the City Council on December 19th at 6 pm. Staffwill take the Trustee's
comments and make efforts to see if they can be incorporated into the new
contract.
ACTION B. YMCA Request
Director Palmer reported that a meeting had been scheduled for December 19th to
discuss this issue. The question of the YMCA sharing the Rancho del Rey site for
a limited period of time will be brought forward at the Board's January meeting.
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ATTACHMENT C
MINUTES
LmRARY BOARD OF TRUSTEES
MAY 1, 1996 LmRARY CONFERENCE ROOM 3 :30 PM
BOARD MEMBERS PRESENT: Chair Clover-Byram, Vice Chair Wtlliams, Trustees
Alexander and Viesca
BOARD MEMBERS ABSENT: Trustee Donovan
CITY STAFF PRESENT: Library Director Palmer, Principal Librarian Margaret Blue
OTIIERS PRESENT: Betty Roche, Robert Coye
I. APPROVAL OF MINUTES - Meeting of March 27, 1996
This item was postponed until the May 29, 1996 meeting.
II. CONTINUED MATTERS
A 1996-97 Budget
Nothing to report
B. EastLake Library Contract
Trustees reviewed the revised EastLake Library contract.
MSUC (ViescalAlexander) to support the EastLake Library joint use contract with
the amendments and changes listed. (Trustees Donovan and Wtlliams absent)
ill. NEW BUSINESS
A Literacy Team application for Families for Literacy Grant Funds
MSUC (AlexanderNiesca) to support this grant application
(Trustees Donovan and Williams absent)
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ATTACHMENTD
Joint Use Agreement
Between the
City of Chula Vista
and the
Sweetwater Union High School District
for the Facilities Located at
EastLake High School
1 Parties
This AGREEMENT, is made and entered into and effective as of the date last executed by
the parties ("Effective Date") by and between the City of ChuJa Vista, a chartered municipal
corporation of the State of California ("City"), and the Sweetwater Union High School District
("District"), a political subdivision of the State of California. The date last executed by the parties is
the Effective Date. This agreement is made with reference to the fonowing fåcts:
2 Recitals
2.1 Whereas, Chapter 22 ofPart 10 of the Education Code commencing at Section 17750,
of the State of Califumia authorizes a District to enter into a contract with the county or other
appropriate entity having responsibility for the provision of public library services in which the district
is located for the purposes of operating a joint-use library facility at a school site owned by the
District.
2.2 Whereas, the City and District are interested in determining it; through cooperative
efforts, the best library services can be provided with a combined pooling of public resources; and
2.3 Whereas, a need for library facilities and services exist in the neighborhoods of eastern
ChuJa Vista which is of concern to both the City and the District; and
2.4 Whereas, the City and the District now seek to define the responsibilities and rights
of the parties concerning the joint use of the District's facilities.
Contract
May 21, 1996 Page 1
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3 Definitions
3.1 The District's Facilities
The District currently owns and operates a library building, parking lots and service road
("District Facilities") located at EastLake High School, on EastLake Parkway, in the City of Chula
Vista, County of San Diego, State of California, as diagrammatically presented in Exhibit A hereto.
Library building includes a library service portion consisting of a reading room, a public access
book and materials collections and a children's library area. Other Service portions include City
Library staff office, storage and delivery areas. A diagram presenting the footprint of the building
with its various portions and identifiable areas is diagrammatically presented in Exhibit B.
3.2 City Public Library Services Defined
As the term is used herein, "City Public Library Service" shall mean the provision of books,
audio-visual materials, infonnation and programming to all potential users for their educational,
cultural, informational and recreational needs.
3.3 Sponsored Group Defined
As the term is used herein in the context of the City Library sponsoring a group who may use
a School District Facility, a "Sponsored Group" shall mean one or more persons who have been given
written permission by the City to use and conduct an activity at a Facility herein defined owned by
the School District pursuant to the license herein granted to the City.
3.4 City Library Hours Defined
City Library Hours shall mean those times the City reserves for public library
service which are the hours beginning no later than 4:00 p.m. Monday through
Thursday and extending no later than 9:00 p.m., and the hours rrom 9:00 a.m. to 6
p.m. on Saturday and 1 :00 to 5:00 pm on Sunday. If school hours change, the City
reserves the right to alter Library hours to coincide with the end of a school day
provided resources are available and use warrants such a change in City Library
hours. _ The City reserves the option to discuss provision of public library services
during specified school hours. In addition, City and contractual repair personnel shall
have access to the facility during school and City library hours.
Contract
May 21, 1996 Page 2
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4 Obligatory Provisions
NOW TIffiREFORE, in consideration of their mutual promises, the parties agree as follows:
4.1 Right of Use
4.1.1 Grant of License to Use
On the tenns and conditions herein specified, subject to the Exceptions herein
pernútted, and exclusive of the areas of the School District's Facilities herein specifically and
exclusively reserved to one or the other party ("Reserved Areas"), and upon the condition that
the City Library complies with the tenns, conditions and covenants herein contained, the
School District hereby grants to the City, for the Tenn herein specified, an exclusive right
(according to the terms herein contained) license for the City Library, and its Library Patrons
to enter upon, occupy, use and operate said School District Facilities ("License") during City
Library Hours.
4.1.2 Exceptions
None.
4.1.3 Reserved Areas
4.1.3.1 City Library Staff Office
District grants the City the exclusive right to use the designated office area
during school and non-school hours.
4.1.3.2 District Classrooms within Library Building
District retains exclusive right to use of the classroom areas within the Library
building
4. 1.3.3 Parking
District will provide designated sufficient and convenient £Tee on-site parking
for City Library staff and patrons. City Library staff may park in any available space
during City library hours. City Library staff should be notified of all major events
which have the potential to impact parking.
Contract
May 21, 1996 Page 3
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4.1.4 License Inclusions
The License herein granted to the City includes the right to place or permanently erect
materials and equipment necessary for conducting library service or special event activities
at the District Facilities, subject to written approval, which shall not be unreasonably withheld
or unreasonably conditioned, of the District. Such materials and equipment shall be
maintained at the sole risk of the City placing or erecting them and are subject to removal at
the request of the District upon a detennination of the District that the equipment constitutes
a threat to the safety of the District, or the public.
4.2 Term of Agreement
The term of this Agreement shall commence on the Effective Date and expire on June 30,
1999 ("Nominal Term"). "Term" as used herein shall mean the Nominal Term as extended or
contracted by the provisions of section 4.3.
4.2.1 Extensions of Nominal Term
On the condition that the parties have a valid grant oflicense hereunder, the parties
agree that each will review and consider, at a public hearing of which the other party has been
given notice and the opportunity to be heard, the advantages and disadvantages of extending
the Nominal Term of this agreement. Each Party agrees to use good faith and best efforts to
render a decision by January 1999 by reviewing the criteria jointly developed by the District
and the City in 1994.
4.3 Causes for Termination, Removal or Suspension
4.3.1 The following shall be cause to suspend or terminate the agreement:
4.3.1.1 Failure of either party to make repairs to their equipment and
Facilities.
4.3.1.2 Destruction of a Facility
4.3.1.3 Loss of Funding by either Party to support the operation of the
Facility
4.3.1.4 Failure of the District to provide a School Campus environment
deemed sufficiently secure in the opinion of both parties.
Contract
May 21, 1996 Page 4
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For Library area, furniture and equipment to include:
2-seat workstation with electrical outlets for personal
computers and CD Rom unit
1 adjustable table for children's area
3M compatible security system theft detection exit
"Book Check" unit to re-sensitize and a brick to desensitize
books
Copier
1 book truck
Bulletin board for public library staff use
3 phone lines and instruments available for joint use
Table or other suitable furniture for OP AC
Book collection suitable for high school use
4.5.1.2 Equipment provided by the City:
Library Automated System and hardware to include 9 terminals, 2 bar code
readers, date due guns
FAX machine
Exterior book drop
Display rack for Public Library pamphlets and handouts
Beeper for City Library security guard
Cash register
Microfilm reader printer
Periodical indices and full text in electronic format
CD Rom hardware and software
Chairs for children's area
Conference table and chairs and lockers for Public Librarian's office
Book collection for library use
4.5.2 Placement of book and audio visual collections, equipment and service areas
4.5.2.1 Both parties agree to the current layout. Any changes will be
negotiated and agreed to by both parties. This layout includes separate children's,
browsing, paperback, periodical and new book areas.
4.5.2.2 District and City Library book collections will be interfiled by
classification.
Contract
May 21, 1996 Page 6
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4.3.1.5 Failure ofthe District to provide sufficient security, in the opinion
of the City Library Director, for City owned materials and equipment, as well
as the database records in the City Library's Automated System.
4.3.1.6 Failure by either Party to make a good faith effort towards equivalent
contributions to the book collection
4.4 Access to a Facility
4.4.1 Access to District Facilities
4.4.1.1 Access during City Library Hours
Absent written agreement to the contrary as to specific times and
circumstances, the License herein granted to the City to use the Library Facilities and
designated parking area of the District shall, during City Library Hours, have
preference over competing District-proposed uses.
4.4.1.2 Access during non-City Library Hours
Absent written agreement to the contrary the License herein granted to the
City to use the Facilities of the District shall, during non City Library Hours, not have
preference over actual competing District uses, except as stated in 4.4.1.1 and for
access to public exterior book drop, City Library office work areas and delivery area.
4.5 Provision and utilization of materials and equipment and facilities
The City and District may, subject to mutual agreement between the City and District
librarians, place or erect materials and equipment necessary for conducting events and/or
activities on the Facilities. Such materials and equipment shall be maintained at the sole risk
of the party placing or erecting them and are subject to immediate removal at the request of
either party.
4.5.1 Both parties will supply furniture and equipment as specified in this section.
4.5. 1.1 Equipment provided by the District:
For City librarian's office, furniture to include:
desk
computer workstation
4-drawer file cabinet
1 chair
Contract
May 21, 1996 Page 5
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4.5.3 Wiring
4.5.3.1 Library Automated System
District has responsibility for installation, testing and maintenance of
wiring for terminals and computers at all points to be connected to the Mechanical
Room to the DTC or Patch Panel and thereby data circuit to the Chula Vista Public
Library at 365 F St.
4.5.3.2 District will provide all cable and connectors including twisted pair
cable, COAX cable DB25 or appropriate connectors.
4.5.3.3 City will provide and maintain bridge, DSU/ CSU, Patch Panel and
HUB needed to connect to computer equipment at the Civic Center and South
Libraries
.
4.5.3.4 City has the responsibility for data lines to maintain this connection.
4.5.4 Telephones
4.5.4.1 District has responsibility for installation and maintenance as well as
for ongoing operating costs of all phone lines between school district staff and Pacific
Bell and for provision of the telephone instruments, with the exception of the FAX
machine supplied by the City. The City will maintain the FAX machine and be
responsible for line charges for the FAX machine.
4.5.4.2 Telephone lines and instruments are provided and installed by the
District at the following locations. Each telephone instrument accommodates the
number of lines specified for each location.
4.5.4.2.1 Circulation Desk
Four lines are installed at the Circulation Desk. Two telephones each
accommodate all four of the phone lines. The four lines are composed of two
school lines and two City library lines. The telephone number for the second
City library line is published to the public.
The fifth line is installed at the City Librarian's Office for a FAX
machine. The City provides the FAX machine.
4.5.4.2.2 Librarians' Offices
A telephone instrument with both of the school lines ITom the
Circulation Desk is located in the School Librarian's office.
Contract
May 21, 1996 Page 7
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A telephone instrument with the first public library line ftom the
Circulation Desk is located in the City librarian's office. The second City
library line ftom the Circulation Desk is installed in the City librarian's office
on the same telephone instrument. One telephone line in the City librarian's
office is provided with long distance access.
4.5.4.3 Wiring for New Technology
When additional wiring or phone lines are required to accommodate new
technology, details will be negotiated by both parties.
4.5.5 Signs
4.5.5.1 District will provide and maintain signage in a manner satisfactory to
the City. Existing permanent interior signage, banners, pennants, flags, posters, and
signs in the public service area of the library building should not be changed without
mutual agreement between the District and the City.
4.5.5.2 Temporary Interior Signs
Temporary banners, pennants, flags, posters, signs in public services areas of
the Library Building must be posted within pre-designated areas for each respective
party. The District and the City libraries are solely responsible for approval of posting
in their own pre-designated areas.
4.5.5.3 Permanent Exterior Signage
Exterior of Library Building will be labeled "Library" in block letters in a
prominent location near the main entrance of the building.
4.5.5.4 Day/Hours Signs
City will permanently post a public library day and hours sign clearly visible
at the main entrance to the Library Building.
4.5.5.5 Exterior Directional Signs
The District will provide directional signage to the Library Building ftom the
campus entrance at EastLake Parkway and ftom all parking lots.
Contract
May 21, 1996 Page 8
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4.5.6 Event ofTennination
In the event of tennination of this agreement, City owned books and
equipment will be removed and returned to the City at City expense within 90 days
after contract is terminated.
4.6 Use Limitations
It is expressly agreed that the Facilities licensed hereunder are to be used, and shall be used,
for the purposes of providing library services and for such other related or incidental purposes as may
first be approved in writing by the chief executive officer of the District, and for no other purpose
whatsoever. The City shall not use the District's Facilities for any other purpose ("Use Duty").
4.6.1 Specific Violations of Use Duty
Without limitation as to other possible violations of the Use Duty, the City shall
specifically not pennit the following uses by themselves or their Sponsored Groups.
4.6.1.1 Political Activities
The City shall not use and shall not pennit or tolerate the use of a District
Facility for campaigning or otherwise working for the nomination or election of any
individual to any public office, partisan or nonpartisan, or for any ballot measure,
including any initiative, referendum, or advisory vote, except with the advance written
pennission of the District.
4.6.1.2 Regular Church Services
The City shall not use and shall not pennit or tolerate the use of a District's
Facility for regular church or religious services.
4.6.1.3 Alcohol and Drugs
The City shall not allow alcohol or illegal drugs to be sold, used or consumed
in, on or about a District Facility. The City shall not pennit or allow any portion of
a District Facility to be rented or utilized by any Sponsored Group that intends to
provide or pennit alcoholic beverages at an event or meeting. A Party shall make
these facts known, in writing and through oral communications, to all staff members
and users at a District's Facility.
Contract
May 21, 1996 Page 9
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4.7 Planning and Scheduling Meetings
4.7.1 Duty to Hold Planning and Scheduling Meetings
The EastLake City and School Librarians shall meet weekly for planning and
scheduling purposes,
4.7.2 Duty to Permit Other Group Use
Both parties may permit other group use during their respective operating hours.
4.7.3 Programs
City reserves the exclusive right to conduct Library programs such as story hours on
the Library premises during City Library operating hours.
4.8 Duty to Supervise
The City will be responsible for any damage occuning during the City's use of the premises
or by groups using the facility with the City's permission.
4.9 Operation Expense, Maintenance and Repair
Except as herein provided, the District agrees to operate, maintain and repair, at its expense,
the Facilities in its condition as it exists upon completion of construction of such Facilities, or a
functional equivalent of their condition as it exists upon completion of construction, nonnal wear and
tear excepted.
City agrees to maintain computer hardware as well as furnishings provided by the City.
District will allow access to the Library by City Staff and Authorized Repainnen.
4.9.1 MajorRepairs
To the extent that a Major Repair to the Facility is required, the District shall
diligently attempt, in good faith to secure the repair of the Facility by estimating the cost of
repair, budgeting funds for same, designing the repair, and implementing the design, all of
which shall be done to the extent that funds are available to do so.
Contract
May 21, 1996 Page 10
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4.9.2 Identifiable Damage
Notwithstanding the foregoing, if a City library staff member or patron or anyone
of its Sponsored Groups, or one of their members, guests or attendees, has caused damage
to the interior of the designated library area of the building during City Library Hours or the
City library staff office, regardless of negligence the City shall pay for the repair of same.
4.9.3 Fee Waiver
The District shall make their respective Facilities available to the City, or a Sponsored
Group of the City, free of charge unless a fee is charged to the users or attendees at such
event or activity. If such a fee is charged, unless the parties otherwise agree the District may
impose a charge on the City for the use of the Facility, but not on a basis different ITom the
rate at which the City charges the users or attendees, or in an amount in excess of the fee
charged by the City. All groups, free or charged, must obtain a District Facilities User Permit
prior to use.
4.10. Facility Modification or Removal Rights
Except with the written consent of the other party to this Agreement, granted by written
resolution of the governing board of said party, no Facility shall be modified or removed ITom service.
4.11 Operational Matters
4.11.1 Policy and Procedure Training
4.11.1.1 The City Library shall cause and train its employees to comply with
procedures in a manual ("Procedures Manual") prepared by the District for the use
of a District's Facility regarding utility turn-ofTs, alarm responses, locking up/closing,
key distribution, facility damage (including graffiti reporting).
4.11.1.2 City Library Staff will conduct training on the library automated
system to District Library key staff and provide written documentation for
procedures.
4.11.1.3 City staff will provide written policies for circulation procedures.
4.11.2 Key Distribution
The District must provide a Library Building Grand Master key for Senior
Librarian. Exterior door keys must be provided for Library Administration, Delivery
Driver, Supervising Librarian, Library Associate and Senior Circulation Assistant.
The District must also provide keys to any gates needed to access the campus.
Contract
May 21, 1996 Page 11
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4.11.3 Library Automated System
4.11.3.1 The Library's Automated System and all bibliographical, item and
patron records are the property of the City. However, in the event that this
agreement terminates, the City shall provide a machine readable version of the school
libraries bibliography and item records. The cost, if any, to produce such records will
be equally shared by the District and the City.
4.11.3.2 City will provide access to Library Automated System circulation,
OP AC and database maintenance functions in accordance with City Library
procedures.
4. 11.3.3 City staff will cooperate with school to provide special computer-
generated reports as requested and resources available.
4.11.3.4 LEFT BLANK
4.11.3.5 District staff agrees to follow City Library procedures in the use of
the system and provide infonnation to the City Library staff to maintain the patron
item database for currency and accuracy.
4.11.3.6 District agrees to follow City Library conditions regarding security
of the database and access to the system. District agree to provide adequate adult
supervision of student library assistants to ensure this security.
4.11.3.7 Reasonable and ordinary maintenance and repair of City owned
equipment will be the responsibility of the City. District will be responsible for
damage to library automated system computer equipment due to gross negligence and
vandalism during school operating hours.
4.11.3.8 City staffwil\ be responsible for the functioning and maintenance of
the library automated system. Questions and maintenance problems will be addressed
to City Library staff.
4. 11.4 Circulation Procedures
4.11.4.1 District must use City library automated system to checkout and
checkin items in the Library collection..
4.11.4.2 District will comply with circulation policies regarding registration,
loan periods, limits, restricting delinquent patrons, overdue notices established by the
City.
Contract
May 21, 1996 Page 12
9-/7
-- -,----~ ~.,_,___._.n
4.11.4.3 District agrees to fines and fees policy in effect at City. These fines
and fees are part ofthe City's master fee schedule.
4.11.4.4 Each party will retain fines and fees collected during their respective
hours of operation.
4.11.4.5 Money collected for lost books will be retained by party that
collects the money. Both parties will issue and retain receipts for lost books
regardless of ownership.
4.11.4.6 Any changes in circulation policy will be negotiated but changes may
not contradict a City policy.
4.11.4. 7 Both parties agree to allow equal access and use to all patrons
regardless of jurisdiction to all items in the collection at the EastLake Library
regardless of ownership. School text books and media materials are excepted.
4.11.4.8 City Library staff will provide delivery service between library at
EastLake High School and other City library outlets daily Monday through Friday.
The District will provide accessible site for deliveries.
4.11.4.9 City staff will supply overdue notices and reports directly to the
school in accord with regular City Library schedule. District will deliver overdue
notices to its students.
4.11.4.10 City staff will cooperate with school to provide special computer
generated reports and notices as requested and resources are available.
4.11.4.11 District may withhold EastLake High School student grades and
transcripts for students with delinquent EastLake Library books only. City will
provide District with a listing ofthese delinquencies in a timely manner.
4.11.4.12 Library patrons (students and City Library) may request inter-
branch transfers ITom other City libraries.
4.11.4.13 District staffwill deal with student patron issues and parent-student
concerns regarding Library materials and their use.
4. 11.4.14 All registration and circulation records in the Library automated
system are the property of the City. A printed and/or electronic copy of those
registration and circulation records pertinent to EastLake High School students and
staff will be provided to the District when this agreement is terminated.
Contract
May 21, 1996 Page 13
9 -/g'
______n_._ ...___.,.
4.11.4.15 All registration and circulation records shall remain confidential and
shall not be disclosed to any person, local agency, or State agency except as follows:
a. By the City Library Director or hislher designee acting within the
scope of his or her duties within the administration of the library.
b. By a person authorized, in writing, by the individual to whom the
records pertain.
c. By order of the appropriate superior court.
The District shall insure that this confidentiality is maintained.
4.11.4.16 Shelving. The responsibility of reshelving books and other library
materials is shared between the district and the city. The district agrees to provide
adequate supervision of student library assistants to ensure accuracy of their shelving
work.
4.11.5 Collection Development and Cataloging
4.11. 5.1 Both parties will agree to support their areas of responsibility in
ongoing collection development and make reasonable fiscal commitment annually to
build and maintain the book collection.
4.11.5.2 Both parties will coordinate the selection process to avoid
unnecessary duplicates or gaps.
4. 11.5.3 City agrees to provide "J" (Juvenile) classed materials collection
which will ultimately constitute 25% of the book capacity.
4.11.5.4 Both parties will use the Dewey Decimal system to classifY the book
collection.
4.11.5.5 District agrees to those collection designations (e.g., Spanish,
Mystery, Picture Books) currently in use at the City Library. Any changes will be
negotiated by both parties.
4.11.5.6 District agrees to designate EastLake High School materials by the
collection codes in the library automated system.
4.11.5.7 The District is responsible for providing machine readable MARC
records for bibliographic and item data input to City specifications. If the District is
unable to supply machine readable MARC records, the City will input bibliographic
and item records at a fee of$1.50 per title.
Contract
May 21, 1996 Page 14
9--;9
4.11.5.8 Each party will physically process their own additions to the
collection according to procedures agreed in planning sessions, i.e., the City Library
current practice for placement of bar codes, spine labels and identification marks.
4.11.5.9 District will maintain their portion of the database in accordance
with procedures detennined by the City Library.
4.11.5.10 District will inform City Library of any necessary maintenance
needed for bibliographic data and item level data for City Library items.
4.11.6 Intellectual Freedom.
4.11.6.1 The City Library subscribes to the American Library Association's
Library Bill of Rights and Freedom to Read Statement.
4.11.6.2 Neither party shall remove, label, or prohibit access to any book,
periodical, audio visual material, microfilm and/or public use computer and CD ROM
software owned by the other party.
4.11. 7 Hazardous Materials
If a party knows, or has reasonable cause to believe, that any hazardous substance has
been released on or beneath the premises on which any Facility is located or proximate to,
that party shall give written notice to the chief executive officer of the Board of the other
party within ten (10) days of receipt of such knowledge or cause for belief Provided
however, if a party knows, or has reasonable cause to believe that such substance is an
imminent and substantial danger to public health and safety, said party shall notifY the chief
executive officer immediately upon receipt of this knowledge or belief and shall take all
actions necessary to alleviate such danger. A party shall notifY the other party immediately
of any notice of violation received or initiation of environmental actions or suits, publicly or
privately brought, relative to the premises. In addition, neither party shall utilize or sell any
hazardous substance on the property without the prior written consent of the other, except
for normal cleaning, construction or other similar types of supplies.
4.11.8 Standard of Employees
LEFT BLANK
4.11. 9 Staffing
The City shall provide sufficient staffing of events and programs to be held or
conducted at a District Facility.
Contract
May 21, 1996 Page 15
9.- .2t?
4.11.10 Campus Security and Alarm System
4.11.1 0.1 District is responsible for campus security and for the provision of
a 24-hour monitored security system.
4.11.10.2 The District is responsible for intrusion alarm system.
4.11.10.3 The City will provide a security person during City Library Hours
for interior oflibrary only.
4.11.10.4 The District will secure portion of building which is unused during
City Library operating hours.
4.11.11 Nonnal Cleanup Maintenance
The District shall provide custodial services in the Library building at times mutually
agreed upon by the District and the City.
4.12 Liability for Damage--Property and Personal Injury
Except as to any liability and duties imposed upon or accepted by District under
section 4.13, City and District agree to defend, indemniíY and hold hannless each other
against any and all claims asserted or liability established for damages or injuries, including ,
death, to any person or property, including an officer, agent or employee of one of the
parties, which arise ITom or are connected with or are caused or claimed to be caused by the
negligent acts or omissions of: (a) the District during District's use of the facilities, or, (b)
the City (or a sponsored group defined in Section 3.3) during City's use of the facilities, in
carrying out the tenns of this agreement; provided, however, that no duty to indemnifY or
hold harmless one party shall arise or exist regarding the established sole negligence or willful
misconduct of that party.
4.13 Liability for Design and Construction
The City agrees with respect to the design, construction, maintenance or repair of the
fàciIity, except as to the City's duty to maintain or repair pursuant to Section 4.9, that District
will indemnifY, protect and hold hannless the City, its officers, agents and employees ITom
and against all claims asserted and liability established for damages or injury, including death,
to any person or property which arise ITom or are claimed to be caused by the acts or
omissions of the District or by the State Architect in the design, construction (including
building materials), maintenance or repair of the facility during any City use, use by a
sponsored group defined in Section 3.3, or any other permitted use by the general public of
the facilities.
Contract
May 21, 1996 Page 16
9~,2/
4.14 LEFT BLANK
5 Rights Expressly Reserved by the Parties
5.1 Related Council Actions
By the granting of this license, neither party is obligating itself to any other governmental
agent, board, commission, or agency with regard to any other discretionary action relating to
development or operation of a Facility. Discretionary action includes, but is not limited to rezoning,
variances, environmental clearances or any other governmental agency approvals which may be
required for the development and operation ofthe Facility.
5.2 No Liability for Lack of Quiet Enjoyment
A degree of reasonableness governing on-site activities should prevail and every attempt to
achieve mutually satisfactory solutions will be made by both parties through adequate
communications, advance preparation and other measures to lessen the impact of on-site activities
on optimal library use.
5.3 Eminent Domain
Nothing herein shall be construed as an abandonment of a party's right of eminent domain.
6 Remedies for Breach
6.1 Default in Performance
If a party shall default in the performance of any covenant or condition required by this
Agreement to be performed by such party, then the other party will give the breaching party written
notice citing such default and demand the breaching party or any person claiming rights through
breaching party to correct such default noticed, and upon giving such notice, the breaching party shall
correct such default as soon as practicable, but in no event, later than 30 days. Failure of breaching
party to correct default shall not result in termination of the License which is the subject matter of
this Agreement, but may be the basis for an injunctive order, writ of mandate, or other equitable
action.
6.2 Waiver
Any waiver of a default by either party is not a waiver of any other default. Any waiver of
a default must be in writing and be executed by the chief executive officer of the party in order to
constitute a valid and binding waiver. Delay or failure to exercise a remedy or right is not a waiver
of that or any other remedy or right under this lease. The use of one remedy or right for any default
does not waive the use of another remedy or right for the same default or for another or later default.
Contract
May 21, 1996 Page 17
9~ ,22
6.3 Miscellaneous
6.3.1 Construction Against Draftsman
This agreement has been fully negotiated by all parties, and no construction or interpretation
is to be made hereof on the basis of draftsmanship of the document.
6.3.2 Time is of Essence; Provisions Binding on Successors
Time is of the essence of all the tenns , covenants and conditions of this lease and,
except as otherwise provided herein, all of the tenns, covenants and conditions of this lease
shall apply to, benefit and bind the successors and assigns of the respective parties, jointly
and individually.
6.3.3 Assignment and Subletting
Except as herein provided, neither party shall assign this license, or any interest
therein, and sha1I not sublicense the real property or any part thereof, or any right or privilege
appurtenant thereto, or suffer any other person, except employees, agents, guests and
permittee of the party, to use or occupy the real property or any part thereof, without the
prior written consent of the other party in each instance. A consent to assignment, subletting,
occupation or use by any other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another person. Any such assignment or
subletting without such consent shall be void.
The license granted by this Agreement is personal to the grantee.
6.3.4 Encumbrance
Neither party may encumber this license, its leasehold estate and its improvements
thereon by deed of trust, mortgage, chattel mortgage or other security instrument during the
tenns hereof
6.3.5 No Inverse Condemnation
The exercise of any right under this lease shall not be interpreted as an exercise of the
power of eminent domain and shall not impose any liability upon either party for inverse
condemnation.
Contract
May 21, 1996 Page 18
9-- ,2 J
-- -- --~-,~.._-----------,-_._-_._-
6.3.6 Notices
All notices and demands shall be given in writing by personal delivery or first-class
mail, postage prepaid. Notices shall be addressed as appears below for the respective Party;
provided that, if any Party gives notice of a change of name or address, notices shall be
appropriately modified to reflect such changes. Notices shall be deemed received seventy-two
(72) hours after deposit in the United States mail.
Notice to the District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula Vista, CA 91911
Notice to the City:
City ofChula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 91910
6.3.7 Compliance with Law
Both parties shall at all times in the maintenance, occupancy, and operation of a
Facility comply with all applicable laws, statutes, ordinances, and regulations of City, County,
State, and Federal Governments, at that party's sole cost and expense. In addition, both
parties shall comply with any and all notices issued by the other party under the authority of
any such law, statute, ordinance, or regulation.
6.3.8 City Approval
The approval or consent of City, wherever required in this license, shall mean the
written approval or consent of the City Manager unless otherwise specified, without need for
further resolution by the City Council.
6.3.9 Partial Invalidity
If any term, covenant, condition, or provision of this license is found invalid, void, or
unenforceable by a court of competent jurisdiction, the remaining provisions will remain in
full force and effect.
Contract
May 21, 1996 Page 19
9',,21
,.._,_..__....._......._...__.._ __'_..n..__
6.3. 10 Captions
The section headings, and captions for various articles and paragraphs shall not be
held to define, limit, augment, or describe the scope, content, or intent of any or all parts of
this lease. The numbers of the paragraphs and pages of this lease may not be consecutive.
Such lack of consecutive numbers is intentional and shall have no effect on the enforceability
of this lease.
6.3.11 Entire Understanding
This license contains the entire understanding of the parties. Both parties, by signing
this agreement, agree that there are no other written or oral understanding between the parties
with respect to the licensed premises. Each party has relied on its own examination of the
premises, advice ITom its own attorneys, and the warranties, representations, and covenants
of the lease itself Each of the parties in this license agrees that no other party, agent, or
attorney of any other party has made any promise, representation, or warranty whatsoever
which is not contained in this lease.
The failure or refusal of any party to read the license or other documents, inspect the
premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of
any objection, contention, or claim that might have been based on these actions. No
modification, amendment, or alteration of this lease will be valid unless it is in writing and
signed by all parties.
6.3.12 City Employee Participation Policy
It is the policy of City that all City contracts, agreements or leases with consultants,
vendors or clubs shall include a condition that the contract, agreement or lease may be
unilaterally and immediately terminated by City if the contractor or District employs an
individual who within the twelve months immediately preceding such employment did in
hislher capacity as a City officer or employee participate in negotiations with or otherwise
have an influence on the recommendation made to the City Council in connection with the
selection of the contractor.
Contract
May 21, 1996 Page 20
9~;25
6.3.13 Disputes
Any dispute involving this Agreement may be submitted in writing to the City's
Library Director or his/her designee and to the District's Director of Operations and the
District's High School Principal. The Parties, in good faith, shall attempt to resolve said
dispute before arbitration may be sought by either Party.
6.3. 14 Arbitration
Any controversy arising out of this Agreement or its breach shall be settled by
arbitration if, prior to the commencement of any legal proceeding arising out of this
Agreement or its breach, either Party demands by written notice that such controversy be
arbitrated. After such demand, and within ten (10) days fÌ'om such demand, the Parties shall
attempt to designate a mutually acceptable individual to arbitrate the controversy. If within
the ten (10) day period the Parties are unable to designate an individual, the controversy shall
be arbitrated under the rules of the American Arbitration Association, and judgment on the
award rendered by the arbitrator chosen by the Parties or used pursuant to the rules of the
American Arbitration Association may be entered in any court having jurisdiction and shall
be fully binding on the Parties.
6.3 .15 Amendment
This Agreement may only be amended by the written consent of all the Parties at the
time of such amendment.
6.3.16 Entire Agreement
This Agreement supersedes any prior agreement and contains the entire agreement of
the Parties on the matters covered. No other agreement, statement or promise made by any
Party or by any employee, officer or agent of any Party that is not in writing and signed by
all Parties shall be binding.
6.3.17 Exhibits
All exhibits to which reference is made are deemed incorporated in this Agreement,
whether or not actually attached.
6.3.18 Further Assurances
Each Party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be reasonably necessary to cany out the provisions of this
Agreement.
Contract
May 21, 1996 Page 21
9 .- 21"
6.3.19 Governing Law
This Agreement has been executed in and shall be governed by the laws of the State
of California.
6.3.20 Headings and Interpretation
This Agreement shall be construed as a whole and in accordance with its fair meaning.
Captions and headings are for convenience and shall not be used in construing meaning.
6.3.21 Counterparts
The Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
6.3.22 Authority
The City and the District represent that the individuals signing this Agreement have
full right and authority to bind their respective Parties to this Agreement.
6.3.23 Invalidity
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
6.3.24 No Strict Construction
This Agreement shall not be strictly construed against any Party hereto.
6.3.25 Nothing herein gives rise to a recordable interest in real property to either
party. No party shall cause or permit this Agreement to be recorded with the Recorder's
Office.
(End of page. Next Page is signature Page.)
Contract
May 21, 1996 Page 22
~~,27
--"-_...~-"--~---~-_....._.-
Signature Page
IN WITNESS HEREOF, the City and the District have executed this Agreement thereby
indicating they have read and understood the same, and indicate their full and complete consent to
its terms:
Dated: ,1996 City ofChula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce Boogaard, City Attorney
Dated: ,1996 Sweetwater Union High School District
by:
Jim Cartmill, President
Board of Trustees
by
Dr. Ed Brand
District Superintendent
Contract
May 21, 1996 Page 23
9-.,2~
COUNCIL AGENDA STATEMENT
ITEM /P
MEETING DATE 6/11/1996
ITEM TITLE: Report on the application of the Chula Vista Public Library for
California Department of Education Adult Basic Education Section
321 funding for the two-year period FY '96-97 and FY 97-98,
through the Chula Vista Literacy Team.
SUBMIITEDßY U_D"OC'~ ~
REVIEWED BY: City Manage&~ / ote: YES LNO~
The Chula Vista Public Library has applIed for $5,840 in California Department of
Education ABE Section 321 funds for each ofFY 1996-97 and FY 1997-98. (All funding
is subject to availability of funds from the federal government.) The primary purpose of
these grant funds is to improve the quality and responsiveness of programs which enable
adults to acquire basic literacy skills. The base ¡¡rant of $3,500 must be used for
supplemental staff development, assessment, and/or networking. Additional funds are
calculated based on the number of learner attendance hours.
RECOMMENDATION: That Council accept the report and ratify the Chula Vista
Public Library's application for California Department of Education Adult Basic
Education Section 321 funding for FY '96-97 and FY '97-98, through the Chula Vista
Literacy Team.
BOARD/COMMISSION RECOMMENDATION: On January 24, 1996 the Library
Board of Trustees voted to support the Library's application for ABE Section 321 grant
funds for FY '96-97 and FY '97-98.
DISCUSSION:
These grant funds will be used to support conducting learner needs assessments and
progress evaluations, (a .19 FTE clerical aide) and to provide additional hours of
supervision and training in the Literacy Center computer learning lab.
FISCAL IMPACT: If awarded this grant will provide $5,840 to the Chula Vista
Literacy Team in each ofFY '96-97 and FY '97-98. Funds cannot be used to supplant the
current volunteer tutor program.
/ð~/
Library Board of Trustees -3- January 24, 1996
The YMCA is planning to move the soccer arena to the library site while
its new facility was being built, probably in early 1998.
The library would ultimately benefit as its site would be improved and
utilities brought in at no cost to the City. The City could then install a
temporary facility to serve the Rancho del Rey community. YMCA staff is
currently negotiating with the Sweetwater School District for joint use of
their soccer fields at the middle school soon to be constructed.
Director Palmer suggested that the Library Board support a two-year
agreement with an option to renew for one year, with a six month notice to
vacate.
MSUC Donovan! Alexander) that the Library Board supports a two year
agreement with the YMCA with an option to extend it for one year and a
six month escape clause.
ACTION C. Literacy ABE Section 321 Grant
MSUC (AlexanderlDonovan) that the Library Board supports the Literacy
Team's application for ABE, Section 321 grant funds.
(Trustee Viesca arrived at this time 3 :30 pm)
ACTION A. 1996-97 Budget
Dawn Herring, City Budget Manager, reported to the Trustees that the
City is transitioning to a more performance based budget. The budgets will
be input on a new local area network-based system which will allow staff
to use information in many different ways. The new system will also have
the ability to evolve to future City needs. The City Manager has asked
departments to prepare potential 10% budget cuts. Staff will go back to
Council in February or March to get feedback on their priorities before the
budget is finalized. (Trustee Williams arrived at this time 4:00 pm)
Chair Clover-Byram asked if the City took into consideration revenue ITom
new stores and businesses such as the new Wallmart. Mrs. Herring stated
that the City Manager did indeed take this revenue into consideration.
/~-,;l..
CITY COUNCIL AGENDA STATEMENT
Item 1/
Meeting Date 06/11/96
ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT NUMBER 70 FOR CONSTRUCTION OF A
35 FOOT HIGH FREESTANDING SIGN AT THE
BROADWAY ENTRY TO THE CHANNELSIDE
SHOPPING CENTER
RESOLUTION J g'3.3 / ISSUING COASTAL DEVELOPMENT PERMIT
NUMBER 70 FOR A 35 FOOT HIGH FREESTANDING SIGN AT THE
BROADWAY ENTRY TO CHANNELSIDE SHOPPING CENTER
SUBMITTED BY: Commoo"" D'."o'm'~:o' C'Ô·
REVIEWED BY: City Manage~~ 'p.¡,ð
.--7 (4/5ths Vote: Yes _ N0.1L)
, Council Referral No. _
BACKGROUND:
The project proposal involves the construction of a 35 foot high freestanding sign at the
Broadway entry to the Channelside Shopping Center (now known as the South Bay
Marketplace). The sign is proposed to be located within the boundaries of Subarea 4, Inland
Parcel, of the City's Local Coastal Plan (LCP) and has been determined to be exempt from the
California Environmental Quality Act by a Class 11 (a) exemption. The site was also the
subject of a General Plan Amendment and Zoning Map Amendment to change the zoning from
"Limited-Industrial" to "Central-Commercial" to allow for the development of the shopping
center.
However, the sign proposal required an amendment to the LCP since it exceeded the LCP's
ten (10) foot height limitation for the Inland Parcel. The Coastal Commission approved an LCP
amendment on May 7, 1996 to allow freestanding signs up to 35 feet in height within the
Inland Parcel, Subarea 4 of the LCP. It should be stressed that the amendment applies onlv
to the Inland Parcel.
RECOMMENDATION: That the City Council: [1] hold the public hearing and consider public
testimony, and [2] adopt the resolution issuing Coastal Development Permit No. 70 to
construct a 35 foot high freestanding sign at the Broadway entry to the Channelside Shopping
Center.
BOARDS/COMMISSIONS RECOMMENDATION: On July 25, 1994, the Design Review
Committee reviewed and approved the 35 foot high sign with a maximum of five panels,
which is consistent with the City's Zoning Ordinance sign regulations for the Central-
Commercial (C-C) zone.
DISCUSSION:
The project (located just south of I-54 between Broadway and Fifth Avenue) is currently
developed with a 125,000 sq. ft. "Wal-Mart" store which will ultimately be built out to
include a total of 220,000 sq. ft. of retail commercial space. The applicant proposes to install
1/-/
Page 2, Item II
Meeting Date 06/11/96
a 35-foot high freestanding identification sign at the Broadway access point to the shopping
center.
The shopping center is set back several hundred feet from Broadway and access from
Broadway to the site is by way of a bridge. The sign will provide visible identification for the
center, while also providing convenience to shoppers and will be of benefit to traffic
circulation. Additionally, the sign will be the primary identification for the tenant that
ultimately occupies the restaurant pad planned for the southwest corner of the project.
The applicable sign regulations allow 150 sq. ft. in sign area with no more than five tenants
and a maximum of 35 ft. in height. The applicant's proposal is in compliance with the height
and area limitations; however, the existing proposal exceeds the allowed number of tenant
panels by two. To ensure consistency with the LCP, the applicant must comply with the
requirements of the Municipal Code and the approved shopping center sign program. Since
it is currently undetermined as to the number of tenants that will ultimately be included in the
center, the issue as to the requested number of parcels need not be addressed at this time.
Additionally, approval of the requested Coastal Development Permit does not require that a
specific number of parcels be stipulated. The Coastal Development Permit conditions merely
require that the sign be consistent with the sign program adopted for the shopping center.
In the event that additional panels are requested in the future, then the request would be
presented to the DRC for their consideration.
The location of the proposed sign is shown to be in an area adjacent to the access bridge (see
attached site plans Exhibit A) and restored native upland vegetation. To ensure that the
project will not jeopardize any requirements of the biological mitigation plan for the
Channelside Center, the applicant is required to submit a letter from a qualified expert stating
that the project construction is in compliance with the mitigation plan and Department of Fish
and Game 1603 Agreement.
Findinqs
Based on the following findings, the proposed project, subject to conditions listed in
Attachment II to the Resolution, the proposed project is found to be consistent with the
Certified Local Coastal Program:
1. The project site is currently developed with a retail shopping center and does
not provide coastal reliant recreational facilities or access to coastal reliant recreational
facilities. The proposal, if undertaken, will not conflict or impact recreational or visitor-serving
facilities to be located on or adjacent to the coast.
2. The project will not interfere with coastal access or coastal traffic circulation.
The project is not located near or adjacent to the coast or bay, therefore, traffic generated by
the project will not interact with coastal or bay destination traffic.
3. The project will not impact coastal resources. The historic Sweetwater River
is located at the east and approximately 20-25 feet below the proposed sign location. A
wetland enhancement plan has been implemented and the applicant is required to notify the
City in writing that the project is in compliance with the Fish and Game 1603 Agreement.
FISCAL IMPACT: No fiscal impact related to coastal related issues is anticipated. However,
)/-,;L
Page 3, Item /1
Meeting Date 06/11/96
approval of the coastal development permit will provide for proper and appropriate signage for
the center from the Broadway entrance and is critical for the development of the restaurant
pad which will provide additional sales taxes and property taxes to both the City and Agency.
[SS\C:\WP51\BUCHAN\113S\35FTSIGN.113j
J/~J
. --..--.--.. ..._-~-_.- -----.---
/
RESOLUTION J8'.JJ /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT
NO. 70 FOR A 35-FOOT HIGH FREESTANDING SIGN AT THE
BROADWAY ENTRY TO CHANNELSIDE SHOPPING CENTER
WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been
certified by the California Coastal Commission; and,
WHEREAS, said LCP includes Coastal Development procedures
determined by the Commission to be legally adequate for the issuance of Coastal
Development Permits and the City of Chula Vista has assumed permit authority of the
Chula Vista Coastal Zone; and,
WHEREAS, the proposed freestanding sign is a Class 11 (a) exemption
from the California Environmental Quality Act; and,
WHEREAS, a public hearing was duly noticed and conducted on June 11,
1996 in accordance with said procedures; and,
WHEREAS, the City Council of the City of Chula Vista, as "approving
authority", has reviewed the project proposal for a 35-foot high freestanding sign at
the Broadway entry to the Channelside Shopping Center.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
does hereby find, order, determine and resolve as follows:
The City Council of the City of Chula Vista finds in accordance with Section 13311
of Title 14 of the California Administrative Code that the proposed freestanding sign,
subject to conditions listed in Attachment I, is in conformance with the Chula Vista
certified Local Coastal Program because:
a. The project site is currently developed with a retail shopping center
and does not provide coastal reliant recreational facilities or access to coastal reliant
recreational facilities. The proposal, if undertaken, will not conflict or impact
recreational or visitor-serving facilities to be located on or adjacent to the coast; and,
b. The project will not interfere with coastal access or coastal traffic
circulation. The project is not located near or adjacent to the coast or bay, therefore,
traffic generated by the project will not interact with coastal or bay destination traffic;
and,
c. The project will not impact coastal resources. The historic
Sweetwater River is located at the east and approximately 20-25 feet below the
proposed sign location. A wetland enhancement plan has been implemented and the
applicant is required to notify the City in writing that the project is in compliance with
//,..5'
the Fish and Game 1603 Agreement; and,
statewide and regional interpretive guidelines have been reviewed, and the proposed
project has been found to be in conformance with the public recreational policies of
Chapter 3 of the Public Resources Code in accordance with Section 30604 (c) of the
Public Resources Code.
BE IT FURTHER RESOLVED that the City Council hereby approves
Coastal Development Permit No. 70.
PRESENTED BY: APPROVED AS TO FORM BY:
e~~ G.--1^I\~ Þ
Chris Salomone City Attorney
Community Development Director
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CITY COUNCIL AGENDA STATEMENT !I~ NOþ /..<..
/8';J;¿~ Meeting Date 6/4/96 ~ 0 ¿
ITEM TITLE: Resolution Adopting a City Council Policy on Installation of Speed
Humps for Residential Streets.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage04 ~ :. l (4/Sths Vote: Yes _ No....xJ
(Council Referral #: 22Q2)
The Council has requested comments from the Safety Commission on a Portland Oregon report
entitled "Reclaiming Our Streets" and at another meeting during discussion on the use of speed
bumps on an alley improvement project, requested that the Safety Commission consider the
appropriateness of speed humps on residential streets as a part of their review of the Portland,
Oregon "Reclaiming Our Streets" program.
RECOMMENDATION:
That the City Council approve the resolution adopting a policy on "Speed Humps For Residential
Streets" and that the number of speed humps be limited to 3 different street blocks for a period
of twelve months after the first block is installed and that twelve months after the first block is
installed, a report from the Public Works, Police and Fire Departments be submitted to the Safety
Commission and City Council with a recommendation on the continuation of the policy.
BOARDS AND COMMISSIONS RECOMMENDATIONS:
The Safety Commission, at their June 8, 1995, meeting voted 5-0-2 with Commissioners Miller
and Pitts absent to recommend to the City Council that they adopt the attached "Speed Hump
Policy". At their meeting of October 12, 1995, the Safety Commission reviewed the concerns of
the Police and Fire Departments and voted MSUC (Miller, Cochrane) to rèaff1111l the
recommendation that City Council adopt the policy as presented.
DISCUSSION:
The City Council has directed staff to consult with the Safety Commission regarding the feasibility
of utilizing speed humps on residential streets only to control the speed of velùcles. Speed humps
are not intended for collector, major, or arterial (multi-lane) streets used by the Fire and Police
Departments to access residential streets. In response to this direction, staff contacted numerous
cities within the San Diego region and other cities through out the State to ascertain their
experience on the effectiveness of speed humps in reducing velùcle speeds on residential streets.
A matrix of 119 cities surveyed and the results of this survey is attached to this report. Thirty
seven cities have speed hump policies but not all have installed them. Conversely, eight cities do
~/d- -/
Page 2, Item
Meeting Date 6/4/96
not have a policy bu have installed speed humps. A total of 40 cities have installed speed humps.
Staff also requested a copy of the policies of each of the 37 cities in the area which has a formal
policy in an attempt to come up with a policy which is consistent with other cities in the proximity
to Chula Vista. These policies are available in the office of the City Engineer. .
Yes No Total
Speed Hump Policy 37 82 119
Speed Hump Installed 32 8 40
Based on the information collected and research perfonned by staff, it was determined that it was
appropriate to proceed with developing a policy for installing "Speed Humps" in Chula Vista.
It is important to note that the California Traffic Control Devices Committee (CTCDC) studied
'Speed Humps" for consideration as an Official Traffic Control Device. In September of 1994,
the California State Legislature enacted legislation which amended the California Vehicle Code,
Section 440, which states that while the Speed Bump or Speed Hump is not considered an Official
Traffic Control Device, it is recognized as a roadway design feature, similar to islands, curbs,
traffic barriers and other roadway design features.
SPEED HUMP/SPEED BUMP DESCRIPTION: I
A speed hump, as the name implies, is a smooth raised mound of asphalt placed across the path
of vehicles. The speed humps are designed to create discomfort to motorist if they travel too fast
over the hump. The speed hump is distinguished from the typical speed bumps found on parking
lots by its width and height. Typical dimensions for a speed hump is 12' in width and 3" in
height. Testing has been conducted in several other cities and these dimensions are in the range
of those determined to be the most effective in reducing speeds while causing the least amount of
disruption to the flow of traffic thereby causing the least amount of negative impact to users of
the street and the residents alike. In the tests conducted, the most effective results were gained
using humps that ranged from 25/8" to 3 liS" in height and from 10' to 20' in width. These
dimensions for speed humps are much gentler to the user versus the typical speed bump which is
l' to 4' in width and 3" to 6" in height (see the attached sketch). As indicated by their
dimensions, speed bumps are much more abrupt and typically require a vehicle to slow down to
5 mph or less to cross. When speed humps are placed in a minimum series of three, and at a 200'
to 300' spacing, these roadway features provide for an effective deterrent to drivers who choose
to disregard speed limits. If humps are placed individually, they tend to reduce speeds in a "spot"
and speeds along other portions of the route are either unaffected, or adversely affected. Thus,
an array of humps is the only application of this roadway feature which is deemed effective.
Speed humps give an undulation effect to a vehicle instead of the sudden jarring effect of the
previously mentioned speed bumps. When speed humps are placed at regular or set spacings,
these "Humps" can be comfortably driven over at or below the desired speed of 25 M.P.H..
When speed humps driven over at higher speeds, the level of comfort is greatly reduced, thereby
providing an incentive for drivers to reduce their speed.
~ /c2-2,
_ m.ou..... _.._._..___~_._u
Page 3, Item
Meeting Date 6/4/96
SAFETY COMMISSION DISCUSSION:
The enclosed policy was drafted and forwarded to the Safety Commission for their review and
critique. It was detennined by the Safety Commission at their June 8, 1995 meeting that the use
of speed humps, when applied in accordance with traffic engineering standards, practices and
criteria, can be a positive measure in reducing speeds on residential streets. The enclosed ·Speed
Hump Policy· prescribes the procedures, design standards, criteria, fmancing and warrants
required to justify the installation of speed humps on residential streets.
POLICE AND FIRE DEPARTMENT INPUT:
Subsequent to the review of the Safety Commission, staff received comments from the Chief of
Police and the Fire Chief. In their comments, both the Chief of Police and the Fire Chief
expressed their concerns regarding the potential negative impact on response time that the
installation of Speed Humps could create. Both departments expressed concerns relative to the
potential damage to their equipment that would be encountered in travelling over the Humps under
emergency conditions. Specifically, the Fire Department's cab-over designed trucks do not fare
well when traveling over either bumps or dips, both of which cause a severe jarring effect on the
equipment and its occupants. On September 12, 1995, the Fire Department took one of their
typical trucks down to the area of Palm A venue, where the City of San Diego has installed Speed
Humps, and conducted some testing. The results of the tests showed that although the Speed
Humps are posted for a speed of 15 M.P.H., the actual top comfortable speed that could be
achieved using the test apparatus was in the range of 10 M.P.H. These tests, coupled with
information gathered from the Fire Departments of the City of San Diego and the City of
Pasadena, constitute the basis for their concerns regarding Speed Humps of public streets. Copies
of the response memo from each department is attached to this report and fully reflects the
concerns of each department. In a subsequent meeting with representatives of the Police and Fire
Departments, they felt that they could live with the speed humps as long as they are not placed
on arterial or collector streets, but only on local residential streets. If this speed hump policy is
adopted, staff intends to set up an interdepartmental review comminee made up of Fire, Police.
and Public Works personnel.
ADVANTAGES & DISADVANTAGES OF SPEED HUMPS:
In general, studies of ·Speed Humps· installed in cities throughout southern California have
revealed the following advantages and disadvantages of using this type of speed control
mechanism:
1. Advantaves
a. Speed Humps effectively reduce speeds on residential streets when designed and
installed in a series developed to maintain set speeds over a set distance.
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_,·,._....u
Page 4, Item
Meeting Date 6/4/96
b. Speed Humps may tend to divert vehicles that are using local streets to avoid
arterial congestion (reduce short-cutting), back to the arterial system provided.
2. Disadvantal'es
a. Speed Humps are not aesthetically pleasing. They require special sigrung and
pavement markings which are often considered to be unsightly by the same
residents that requested the installation of the speed humps. Residents, when
asked, have reportedly sensed a perception of reduced property value after the
speed humps are installed.
b. The discomfort of driving over the "Speed Humps" may divert the undesirable
traffic conditions to adjacent residential streets in the neighborhood.
c. Can be uncomfortable for those who drive over them, especially those who may
live with medical conditions such as lower back or neck pain.
d. May slow down response time for Fire Department and other emergency vehicles
in gaining access to homes in the area affected by "Speed Humps".
e. Residents living adjacent to the "Speed Humps" may experience increased noise I
levels both from the movement of vehicles traversing the hump (Suspension or
Scraping noise) and from the deceleration and acceleration of vehicles arriving at
and departing from the hump (Braking and Exhaust noise).
f. Since by design, the "Speed Hump" is tapered at each end and does not extend into
the gutter, so as not to block the flow of water, vehicles may swerve toward the
curbline as they approach the "Speed Hump" in an attempt to lessen the impact on
the suspension of their vehicle. This maneuver thus, reduces the effectiveness of
the "Speed Hump" installation, and may increase accidents involving vehicles
which are legally parked along the curb.
ID spite of the disadvantages, speed humps can be a useful tool to control speeds on local streets
under the appropriate conditions if residents are infonned of them and choose to accept the
negatives to gain the benefits.
FINANCING METHODS:
The Safety Commission felt that, given the fiscal constraints in the availability of gas tax and
general fund money that the City faces, it appears prudent at this time that if the City were to
adopt a policy accepting the use of speed humps on residential streets the funding responsibilities
for their installation should rest with the benefitting property owners. Staff and the Safety
Commission concur that if the City is to establish a practice of installing speed humps on public
~ /c2-(
Page S, Item
Meeting Date 6/4/96
streets, there is a defInite need to have a strict policy which would regulate when and where these
roadway features are to be installed, and under what conditions. Having this policy would
eliminate the possibility of arbitrarily installing this feature based on other than a documented need
and desire basis.
In the proposed policy there are two methods provided for fInancing the installation of Speed
humps. The methods being proposed, as described in the following paragraphs involve the
financial participation of the residents requesting the installation. For multi-family dwellings, or
properties with multiple residences, the costs would be divided into the total number of dwelling
units (apartments, condominiums, duplexes, and/or mobile home coaches, etc.). Since the speed
humps are an elective residential roadway feature which are intended to benefIt persons living on
the streets where the speed humps are located, the cost to construct speed humps shall be borne
by the property owners and/or residents abutting the streets in question. Given the availability
of resources staff does not see the City's Capital Improvement Program Budget as a viable
alternative for paying for these installations.
Thus, in one method, the property owners of each dwelling unit requesting the speed humps
would collect the funds required and deposit them in a project account with the City to cover the
cost of the investigation, design and installation of the speed humps being requested. The City
Engineer will provide an estimate of the expected costs for the proposed project.
In the second method, the property owners of each dwelling unit would request that the City
establish an assessment district which would cover the costs of the installation, as well as the cost
of administering the assessment district itself. In this way the cost would be divided into smaller
payments which would be collected as a part of the property taxes on the properties in the district,
making it more affordable to the average citizen.
Since it is estimated that each speed hump would cost approximately $4000 to investigate, design,
construct, sign and stripe, and that an array of at least three (3) speed humps will be installed at
each location, the cost for each property owner could be expected to range from $300 to $2000
depending on.the total number of dwelling units on the particular block that is being considered.
Based on statistical infonnation from other cities, the cost of maintaining speed humps ranges
from a low of $200 per year to $900 per year per hump (San Jose indicated the high fIgure). Staff
estimates it will cost approximately $335 per year per hump for maintenance, or $1,000 per year
per site (3 humps). These costs are shown on Attachment 6. This cost includes any repairs that
need to be done to the asphalt on or near the hump, the cost of maintaining and/or replacing signs,
and the cost of repainting pavement markings and legends and the full cost recovery factor.
SPEED HUMP INSTALLATION PROCEDURE:
In order to reduce the risk of liability to the City and their residents, the enclosed policy requires
that the residents residing on a residential street (no collectors, arterials, or major streets) circulate
a petition which at least 75 % of the owners of properties abutting the street acknowledge their
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~ /,,2 -3
_..___~..._.._ .. __..n" _"___
Page 6, Item
Meeting Date 6/4/96
interest in having speed humps installed, and a willingness to pay for the speed humps if they are
to be installed. The same process shall be required in the event that the residents decide to ask
the City to remove the speed humps. Once the petition is submitted to the City Engineer's office
for verification, the request is sent to the Safety Commission with all area residents being notified
of this meeting. If the Safety Commission concurs with the residents to implement the installation
of speed humps, staff will then conduct all necessary investigations, and take the item to the City
Council. At that time City Council can decide to, either set up an assessment district whereby all
area residents are assessed a portion of the cost based on the number of properties which benefit
or require the residents to deposit their share of the estimated cost in advance of the project
commencing.
The following warrants are some of the criteria contained in the "Warrants" section of the Policy
which will be utilized for evaluating a request for speed humps:
1. Average daily traffic not to exceed 3,500 vehicles per day. Speed humps shall not
be permitted on collector, arterial, or major streets.
2. At least 50% of all motorists must be exceeding the 25 M.P.H. speed linùt and the
85th percentile speed exceeds 35 M.P.H.
3. The street must not be wider than 40 feet and have 1/4 mile of length that is
uninterrupted by stop signs or traffic signals.
4. The roadway must have adequate drainage, lighting, and sight distance visibility.
5. At least 50% of properties along roadway frontage must be residential.
6. Transit route or routes commonly used by emergency vehicles are excluded.
7. Delays to Fire and Police must not be deemed unacceptable by each Department.
8. The centerline grades must not exceed 6 % (roadways must be relatively flat).
SPEED HUMP REMOVAL:
Once the speed humps are installed, there may be certain instances whereby there is a need to
remove the speed humps. The City retains the right to decide whether or not the speed humps
should be removed due to unforeseen circumstances, or they are considered a detriment to safety
or a nuisance. The City will remove the speed humps and there will be no refund of any funds
back to the residents. It is estimated that it would cost the City approximately $2,000 per hump
to remove the humps and the associated signs and to sandblast off the associated pavement
markings and legends. The City may charge the residents for the removal of the speed humps if
there are no conditions, other than residents requesting the removal, that qualify as unusual
circumstances which would necessitate the removal, and the removal requires additional funds.
For these same reasons mentioned, residents must also petition the City for removal of speed
humps following the same procedures used for requesting installation.
In conclusion, based on all of the conditions stated above, staff and the Safety Commission
recommend that the City Council adopt the enclosed policy which will regulate the conditions
~ /02 - ¿:
Page 7, Item
Meeting Date 6/4/96
under which ·Speed Humps" will be considered and ultimately installed in the City of Chula
Vista.
TRIAL PERIOD:
Although a trial period was not considered at the Safety Commission meeting, the Director of
Public Works believes that, due to the fact these devices have not been installed on Chula Vista
streets in the past, and due to the concerns of the Police and Fire Chiefs, a trial period should be
in effect for a period of twelve months after installation of the fIrst project. At the end of the
twelve months period, Public Works staff should survey the affected parties, and get reports from
the Police and Fire Department. Based on these reports and success or failure of the program,
Safety Commission should recommend and Council should then decide on whether or not to
continue this policy. If this speed hump policy is adopted, staff intends to set up an
interdepartmental review committee made up of Fire, Police, and Public Works personnel.
FISCAL IMPACT: The cost of a typical series of three speed humps, striping and signing
installation is approximately $12,000 ($4000 each) and will be borne by benefIting property
owners at a cost which could range from approximately $300 to $2000 each depending on the
number of property owners which have frontage on the affected street. Maintenance cost is
estimated at approximately $I,ooo/site/year ($335/hump/year).
Attachments: Attachment I - Information - Speed Bumps vs Speed Humps Plat
Attachment 2 - Matrix/Survey of California Cities
Attachment 3 - Memo from Chief of Police and Fire Chief
Attachment 4 - Safety Commission Report and Minutes (Excerpt)
Attachment 5 - Mission Times Courier article dated 2/8/96
Attachment 6 - Cost Maintenance Breakdown
Attachment 7 - Proposed City Council Policy with Exhibits A & B
IPL:FXR.:dmw
M:\HOMEIENGINEERIAGENDA\HUMPSPOL.DMW
~ /.:2- ?
-., -~...- -------------
RESOLUTION NO. /8'3.2(,
RESO~UTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A CITY COUNCIL POLICY ON
INSTALLATION OF SPEED HUMPS FOR RESIDENTIAL
STREETS
WHEREAS, the City Council has requested comments from the
Safety Commission on a Portland Oregon report entitled "Reclaiming
Our Streets"; and
WHEREAS, on a companion neighborhood traffic safety item,
the city Council, during discussion on the use of Speed Bumps on an
alley improvement project, requested that the Safety Commission
consider the appropriateness of Speed Humps on residential streets
as a part of their review of the Portland, Oregon "Reclaiming Our
Streets" program.
WHEREAS, the Safety commission, at its June 8, 1995
meeting voted 5-0-2 to recommend to the Council that they adopt the
"Speed Hump Policy".
NOW, THEREFORE, BE IT RESOLVED the city Council of the
Ci ty of Chula Vista does hereby adopt a City Council Policy on
Installation of Speed Humps for Residential Streets, attached
hereto and incorporated herein by reference as if set forth in
full.
Presented by orm by
J)
John P. Lippitt, Director of , City
Public Works
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Speed Bump A-113 ~/J-
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In Des1luing Speed Bumps, The Beight And Width Determine The Speed
At Which A Vehicle May Comfortably P.as Over The Bump. loth The
Beight And Width Affect The Comfort.ble Speed. Conaequently, The
Longer The Width, And The Shorter The Beilht, The Bilher The Speed.
Maint.ining The DeBired Speed Ia AccOlDpliahed By Spacing. 250'-300'
Spacing Should Maint.in A Speed Of 25 M.P.B.
~....l.3"t. ,- Speed Bump, Typic.lly Found In P.rking
~ I't. 3' -I Lou, Requires Stop or Near Stop For
p....le hOlD Moat Vehicles
':I}"'h ". Speed Bump, Typically Found In P.rking
~ Lota, SOIDet:laes Vaed On Drivew.ys or
Priv.te Streets Where Speeds Of Leas
- Than 15 M.P.B. Are .equired, p....ge
hOlD Moat V.hid.. 0-10 M.P.B.
Irt.. '4" Priv.te Street Speed Bump, llecoaDended
_\ For Vae On Private Str.eta Where Speed
Of 15 M.P.B. I8 Expected, Can Be Safely .
P...ed Over By Moat V.hiclea At 10-15 .
M.P~B., SolIe Diacomfort May Be Expected
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Public Street "Spaed Bump" or Pav.ant UlldulatioD, Dedpeð To Ie
Comfortably Driven Over At S'paeða Of 15-25 H.P.I. In Moat Vehiclea,
At Speeds Of 25 H.P.B. or Greater Driven Should Izperience SOllIe
Delree Of Diacomfort While Rot Senama Any Lo.. Of Control. Iu
Thia Method Of Speed Control, Moat Driven Will Drtve At Spaeda At.
Which They reel Comfortable And lafe. lanae Of 20-30 H.P.B·/.:j_IO
C"AWN .T D.M.W. TJT~& INFORM A TION
gATE . .
5/22/115 ·Speed Bumps vs Speed Humps
Speed Bump A-113 .urvey Atta('1:mIe:a.t a.
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Attachment 3
MEMORANDUM
August 30, 1995
File No: KY-119
TO: Rick Emerson, Chief of Police
Jim Hardiman, Fire Cheif
FROM: Jobn~_of"'.'W~ - -
SUBJECT: City Council Referral #2962, Speed umps for Residential Streets Policy
On March 28, 1995, the City Council passed on a referral which directed our department to
review the concept of installing ·Speed Humps" on residential streets, and consult with the
Safety Commission to determine if we wanted to use this roadway design feature in Chula
Vista. We have taken the issue to the Safety Commission and received their support on this
matter. As a result, we have prepared a speed hump policy along with the accompanying
Council agenda statement which is attached. Please review this policy and accompanying
report and provide any comments that you feel appropriate. We would like to take this item
to Council on September 26, 1995. For this reason, we would like to have your comments as
soon as possible, on or before September 8, 1995, to allow us to meet the submittal date of
September IS, 1995.
Thank you for your cooperation on this matter. :'
-
~. . - , .~..... . .-
..~,L -'íl-.I8
,------.---...--.
Attachment 3
MEMORA1S.IHlM
I
File Number: KY-158
September 11, 1995
TO: Hal Rosenberg, Traffic Engineer
Frank Rivera, Associate Traffic Engineer
FROM: Jim Hardiman, Fire Chief
VOICE-MAIL FROM FRIDAY. SEPTEMBER 8. 1995
Concerning the speed hump policy. We have serious concerns regarding dAmAge to equipment
and response times. We have spoken to other departments in areas where they have speed
humps and they have experienced problems particularly with response times. I have spoken to
John Lippitt and indicated that we would not have a response in writing by the September 8,
1995 deadline, because of the short turn around time. I have indicated that we would have
something in writing by early this coming week.
We have contacted the City of San Diego and City of Del Mar and talked to the mechanics. Our
calculated speed over time going Code 3 is 3S MPH, however in certain residenûal areas it may
be lower than that speed. Speaking to the City of San Diego, that has speed humps in south San
Diego (Twining Avenue and Palm Avenue area) Station 6 District, their operations people have
indicated that they have had some problems traveling over those humps. Our concerns are
primarily with our forward facing cabs. We have a problem with jarring effect (straight up)
whenever we hit any dip or bump in the roadway. SpC'.Aldng with Rick Emerson, Police Chief,
there were some serious problems with speed humps in Pasadena when they installed them and
they were removed shortly after installation. He said this was due to lost and dAmaged
equipment, and safety concerns. .
.
Our concerns are probably due more from a travel, lost equipment, jarring apparatus aspect than
from response time. If they are in residenûal areas they will probably not have a serious
detriment to our overall response times. Our concern is more from a maintenance of apparatus
and safety concerns issues. We will try to codify this information in a short memo to your
office or to John Lippitt's office in the earlier part of this week coming. Any further questions
call me at 691-5055.
~- ¡Øl-¡9
"- ---.----..-
Attachment 3 ...., . ~ ;"5b ,GLS,.J PL..
~~
DEPARTMENTAL CORRESPONDENCE ,
"ttt,~t.t)
\\ ,~\
DATE: September 22, 1995 ~ ~t~\III~""
~...'d
TO: John Lippitt, Director of Public Works ~
FROM: . Richard P. Emerson, Chief of pOlice~
SUBJECT : speed Humps Proposal Feedback
.
We appreciate the opportunity to comment regarding the proposal for
speed humps on residential streets. . .
Law enforcement is philosophically against the installation of sreed
humps in the city for the very reasons mentioned in your proposa .
We contacted San Diego and Pasadena Police Departments for input.
They experienced problems of slowing down the re~onse time for
emergency vehicles, increased liability with acci ents . involving
vehicles swerving to avoid the humps, and accidents with motorcycle,
bic1cle and skateboard riders traveling over the speed hU?S and
los ng control. Also mentioned was the fact that when spee humps
are installed, they displace the traffic problems experienced on
that street to parallel streets.
san Diego Police Department cited two incidents where fire fighting
rigs had the gas tanks ripped off, and Pasadena Police spoke of one
fire rig having its air hoses broken as a result of increased speed
over the humps.
The proposal, if well written, will outline the criteria which must
be met rrior to the speed humps being installed. If those warrants
are str ctly adhered to, we envision few, if any, speed humps being
installed.
.
Should you have further questions or concerns, please do not
hesitate to call. ."
.
City of Chula Vista, California -
A111
~ I,;{-:J.Q
--~---- -~_. -----
Attachment 3 ~('.V',;rpL-
MEMORANDUM
)
DATE: September 13, 1995
TO: John Uppitt, Director of Public Woltts
FROM: James B. Hardiman, Fire Chieff~
SUBJECT: Speed Hump Proposal Feedback
Ñ previously Indicated, the Fire Department Is concerned about the dect that the proposed
Speed Humps would have upon Fire Suppression operational response times and on the fire
apparatus specifically.
In an effort to acquaint ourselves first-hand with this type of traffic control device, on September
12, Fire Department personnel drove a typical fire apparatus through a number of streets in the
City of San Diego (in the vicinity of Firethorn and Palm Avenue) which have humps Installed.
The posted speed limit on all of the tested streets was 25 MPH. Caution signs advised that the
speed hump recommended speed should not exceed 15 MPH. A number of different approach
speeds were tested, starting at about 8-9 MPH and reaching as high as 18 MPH. It was ..slly
detennlned that the maximum ute speed for a fire apparatus ahould be In the vicinity of
10 MPH. Above that speed, there exists tremendously increased potential for mechanical
failure. loss of contr~l. and/or passenger/driver injury.
In view of the fact that a fire apparatus would typically respond (Code 3) to an emergency
located on a street with a 25 MPH speed limit at or near an actual speed of 25 MPH, time would
be lost If the crew was forced to negotiate speed humps at 10 MPH or less. The primary
concern, however. is the safety of the occupants and the wear and tear on the fire apparatus
and its associated equipment. Consequently,·it Is the Fire Departmenfs recommendation that
this type of device not be installed on City streets.
Your request for the Fire Department's Input on this matter Is greatly appreciated. Should you
have any further questions, please so advise.
Chul. Vi.'. Rre o.p."",enr
~ /~-¿,I
-~..._._._---_...,_._._---,--- .
'. Attachment 4
SAFElY COMMISSION AGENDA STATEMENT
Item 8
Meeting Date 10/12195
ITEM TITLE: Report on Rea.fT'mning the Speed Hump Policy
SUBMIllt;D BY: Traffic En~
.
.
BACKGROUND:
At the Safety Commission meeting of June 8, 1995, the Safety Commission voted 5-0-2 (Miller
and Pitts absent) to accept the speed hump policy as written. Since that meeting, Itaff has
received additional information from both the Fire Department and the Police Department.
RECOMMENDATION: That the Safety Commission accept staff's report which includes
the comments from both the Fire and Police Departments and recommend to the City Council
to adopt the speed hump policy.
DISCUSSION:
At the June 8, 1995 Safety Commission meeting, staff presented a report addressing a proposed
speed hump policy. Subsequent to presenting this report to the City Council, Itaff received
comments from the Fire Department and the Police Department. Both these departments have
concerns with the proposed policy. The Fire Department noted that the speed humps may
impede their ability to travel when on emergency calls. They also believe that the jolting
caused by the hump, may cause vehicle and apparatus damage. Their comments are based on
comments received from the Cities of Pasàdena and San Diego where speed humps exist. The
Chula Vista Police Department expressed similar concerns.
.~
After discussing these concerns with the Fire and Police Departments, traffic engineering staff
concluded that the increase in response times probably could not be measured since the speed
humps would be installed on local residential streets where the speed limit is 25 M.P.H..
Also, the potential risk of equipment damage would not be significant. Thus, we believe the
benefits derived from the speed humps outweigh the Fire Department and the Police
Department concerns.
The proposed speed hump policy which will be forwarded to the City Council within the next
few weeks, is attached for your reference and review.
Attachments: Plats
Safety c;........õ..;OD Minutes (excetpl) dated 6/8/94
Speed Hump Policy
N:_....._w-IIp.fu
~ /;J, -J¿~
Attlchment 4
Safety Commission Minutes
October 12, 1995
Page 7
i
8. REPORT on Reaffirming Speed Hump Policy
Hal Rosenberg said the Police & Fire Departments informed Engineering staff they were not in favor of speed
humps in that it might effect response time as well as damage to emergency vehicles. Speed humps would only
be installed on streets with 25 mph speed limits.
Chair Liken did not feel speed humps would be prevalent based on the fees assessed requesting residents.
MSUC (Miller/Cochrane) to recommend the City Council adopt the speed hump policy.
9. ORAL COMMUNICATIONS
Bruce Henderson, 583 I'arhide Drive, Chu/a Vista, CA 91910, said he was impressed with the Commission and
the job they did with the Terra Nova Drive item and was pleased the Commission was in existence. He wanted
to find a way to discourage traffic from using Hidden Vista Drive as a short cut. The amount of traffic would
increase. He wanted to see a stop sign installed on Hidden Vista Drive at Parkside Drive.for southbound traffic
which would discourage motorists in using the street. Terra Nova Park created a lot of traffic on the weekends.
He then discussed school crossing zones in the area.
Chair liken told Mr. Henderson that because he discussed the item under oral communications, the Commission
could not take action, but indicated that staff could come back with a report if that was his desire.
I
Mr. Henderson said he felt the Commission had the situation under control.
Vice-Chair Miller asked staff if traffic counters could be placed on a weekend.
Hal Rosenberg answered yes and suggested that staff could meet with Mr. Henderson directly. If Mr. Henderson
was not satisfied with discussions with staff, they could prepare a report and bring it to the Commission. The
issues could probably be resolved at the stafflevel.
Motion: (liken) to have a report prepared rezarding increased traffic on Hidden Vista Drive and possibly the
installation of a stop .ign at Hidden Vista Drive and Parkside Drive and have the report brouiht to the
Commission in three to four months when the Terra Nova Drive item was returned to the Commission.
.
Chiir liken said if staff and Mr. Henderson came to in understanding, then the report could be pulled.
Vice-Chair Miller said she would still like to know the decision made ibout the area.
Chair liken said if a resolution was reached, it would appear on the Commission's status report.
SECOND TO MOTION: (Bierd)
VOTE ON MOTION: Approved unanimously.
STAFF R~PORTS
10. Verbal Uodate· L.andv:aM Mêdian Policv
None.
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t:H+ A c.- H M E:.,JT ~
- MAINTENANCE COST PER SPEED HUMP SffE (3 SPEED HUMPS)
PREPAREDBY:~
FIGURES CHECKED BY: r
IPDHUMP8.WC1
ITEM QTY UNIT COST INITiAl UFE EXP. MAlNT, feR FACTOR
COST ~¡yg.R COSTIYR - U7e
1. 'Bumn' Plvement LeQ.nd e EACH '50.00 S3OO.00 1/ .150.00 ....e.~
1/. 12' Wid. 'C,oll·hatching' SI"oino 3 EACH 525·00 '75.00 3 525.00 '7...0
3. 'Bumo', '15 MPH' Sia... end Poets 1/ EACH '100.00 '200.00 5 "0.00 ."a.O<I
.. 'Soeed HUmD' /3.. Tons ....C.1 3 EACH "00.00 '1.200.00 10 '120.00 ~,11/
"'nn..' Estimated Meintenaoe C""t PI, Site 5335.00 SOII6.ae
"ve..o. ...nn..1 Estimated Meintenaoe CœVHumo ,11U7 ~.32
-
(
Þ /.;?-.;¡r, Þ. 7
~
MAO+ f--{ ~ rJr I
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT : DS'1'ALLA'1'IOH or IPDD B'DKPS POLICY IPPBCTIVE
FOR USIDBNTUL S'1'I.BBTS mDmBR !)ATB PAGB
57&-_ OS-3D-IS 1 OP 7
.ADOPTED BY: ...olut:l.on.Ro. --- DATED: 07-30-95
-
n~QRomm
The desire by the community to control speed of traffic in neighborhoods
has created a need to address and resolve this concern other than by
constant enforcement. One method being used by many cities is the
installation of " Speed Humps" or gentle roadway undulations in the
pavement surface that gives discomfort to drivers passing over them at
higher than desirable speeds.· However, the use of speed humps needs to
be applied in accordance with traffic engineering standard policies and
criteria. This Speed Hump 'Policy prescribes the procedures, design
standards, criteria, financing and warrants required to justify the
installation of Speed Humps.
PURPOSE
The purpose of this policy is to establish minimu~ criteria for the
installation of "SPEED HUMPS" as a means of controlling vehicular speeds
on residential streets. . -
CENXRAL PROVISIONS
1. ..t:I. t:l.on
a. All requests for Speed Humps shall be made in the form of a
formal petition which will be provided by the office of the
City Engineer and is made part of this policy (Exhibit A) .
b. If more than one street in a neighborhood is being considered,
a separate petition shall be circulated for each street to be
included in the request.
c. The petition must be signed by the property owners of each
~roperty having frontage on the street affected. In instances
where the owner of the property is not in residence at the
property, it shall be the responsibility of the petitioner to
obtain the signature of the owner, and signatures of tenants
~ /.".,?~)..~
COUNCIL POLICY )
CITY OF CHULA VISTA
SUBJECT : DlSTALLATIOH OP SPJŒD BtDIPS POLICY BFFBCTIVE
WOIt USIDDTIAL STRJŒTS RtJMBBR DATB PAGB
576-_ 07-30-95 2 OP 7
ADOPTED BY: a..olution .0. ~---- DATED: 07-30-95
.-
of the property shall not suffice in place of the signature
of the owner.
d. All petitions to be considered under this policy shall contain
signatures. indicating a favorable voice for the nRequest for
the Installation to Speed Humps·, and a willingness to pay
their share of the costs, of no less than seventy-five percent
(75\) of the owners of properties abutting the street to be
affected by such installation.
e. Completed petitions shall be delivered to the office of:
The Office of the City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
f. The office of the City Engineer shall verify the signatures of
each of the petitioners. If the petition does not meet the
requirements of the policy, the office of the City Bngineer
will notify the person or persons who initiated the petition.
For the purpose of determining who should be notified, the
City Engineer shall contact, by letter, the first
person/persons whose name(s) appears on the petition, unless ,
other specific requests have been received regarding
notification. This letter shall include the reason (s) why the
petition was found to Þe invalid, and why any further studies
have been suspended.
2. Saf.ty commi..ion ..aring .otic.
Speed Bump requests which meet all of the requirements of this
pOlicy, will be submitted to the Safety Commission for a public
hearing to discuss the pros and cons of installing these Speed
Humps on a case by case basis. Prior to the Safety Commission
meeting, the City Engineer will send a notice of said meeting to
the residents and property owners of all homes abutting the subject
street and the homes on adjoining streets that might be adversely
affected by the proposed Speed Humps.
~ 1.:?-,~1
-- -~-"-_.._~_.- -
.
COUNCIL POLICY
CITY OF CBULA VISTA
SUBJECT : DSTALLATIOH OF IPKED JrDID'S POLICY D'PBCTIVB
Foa USIDBNTIAL ITRDTS 1mKBBR 1)A'1'~ PAGE
576-_ 07-30-'5 3 OF 7
.ADOPTED BY: aesolution .0. ----, 1)A~: 07-30-'5
..
3. Financing
The cost of constructing, signing and striping a Speed Hump is
approximately $4,000 for each hump. Since a minimum array of at
least three Speed Humps spaced 200 to 300 feet apart are necessary
to effectively reduce speeds, a typical installation will cost at
least $12,000 and could increase to $20,000 or more depending on
the number of Speed Humps required.
Speed Humps are considered to be add-on roadway features which are
offered as an option to other less expensive methods in controlling
speeds on residential streets. They are not deemed necessary for
the safe design of residential streets and therefore not a part of
the street improvements required as a condition of approval for new
residential developments.
Since Speed Humps are an elective residential feature which are
intended to benefit per~ons owning property and/or living on the
streets where Speed Humps are requested, the co.t to constzuct
Speed B\DIIP. .ball be bOrDe by the property owner., em . per
dwelling unit basis, abutting the .ueet. where the Speed BIDIIp. ere
located. Thus requests for Speed Humps will only be considered
when property owners representing 75 percent of the fronting
properties acknowledge their willingness to pay for the ,
installation, as demonstrated by their signatures on the formal
petition, thereby agreeing to sbare the cost.
Upon approval of the Speed Hump installation, 75 percent of the
fronting property owners must agree to be assessed for their share
of the cost to construct the Speed Humps, in which case .11
.ff.ct.d property own.r. will b. .......d ba..d, em the Aumber of
dwelu'Ag unit. that they own. The cost to the property owner will
be based on an equal percentage of' the total cost depending number
of properties abutting the street where the Speed BumpS are placed.
The method of payment can be through the formation of an assessment
district or direct payment utilizing an arrangement mutually agreed
upon by the benefiting property owners and the City Council. .
=-L~ ItJ-30 .
COUNCIL POLICY I
CITY OF CHULA VISTA
SUBJECT: INSTALLATION OF SPBBD BtJIIPS POLICY BFFBCTIVE
FOR RESIDENTIAL STREETS NCKBER DATE PAGE
576-_ 07-30-95 4 OF 7
ADOPTED BY: a.solution Ro. xxxxx DATED: 07-30-95
4. Design Standards
Speed Humps shall be constructed in conformance with the design
standards and specifications shown on Exhibit B and made part of
this policy.
.
5. aemoval
The City retains the option of modifying or removing any or all of
the Speed Humps after giving proper notice to affected and
interested parties if; a) studies determine that Speed Humps are a
detriment to safety or, b) said studies reveal that the Speed Humps
no longer meet the provisions of this policy or, c) the Speed Humpr i
are considered a general nuisance. There will be no refund of an}
monies to the property owners.
If, after Speed~Humps are installed, residents wish to have the
Speed Humps removed, each petition requesting removal of the Speed
Humps shall contain at least 75' of the residents that face
directly on the street block where Speed Humps are to be placed and
will include all residentes that access the street block. A
separate petition shall be provided for each block. The petition
for removal will be presented to the City Engineer for his
consideration. There will be an additional . charge made to
residents to cover the cost of removing the humps, unless there are
other unusual circumstances which require the removal, in which
case the City may choose not to charge for the removal.
WARRANTS
The installation of Speed Humps on public streets will be considered
only if all of the followina conditions are met over the entire proposed
street segment as determined by the City Engineer:
1. The average eSaily traffic volume shall be less than 3500
through vehicles per day. Speed Humps shall not be permitted
on collector, arterial, or major streets.
2. The street shall not be over 40 feet wieSe and have no more
than 2 through traffic lanes. It shall also have 1/4 mile of
length that is uninterrupted by stop signs or traffic signals.
.~. /.?1-E¡
-.-_.~-_.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DSTALUTXON OF SPUD BtJUS POLJ:CY BPPBCTJ:VB
~oa USXDERTIAL 8'1'1lDTS RtJKBBR DATB PAGE
576-___ 07-30-'5 5 OF 7
ADOPTBD BY: a..olution Ro. -- ÐATBD: 07-30-JS
3 . The curb adj acent to the road Speed Hump locations must be of
the raised six inch standard barrier curb type and not roll-
over curb.
4. The street shall have a posted speed limit of 25 or be
unposted with a prima facia limit of 25 MPH.
5. More than sot of the surveyed motorists must eXceed the posted
or if not posted then the prima facia speed limit for a
residential street of 25 M.P.H., and the 85th Percentile speed
must exceed 35 M.P.H..
6. Residential district as defined in the Chula Vista Municipal
Code, Section 10.52.090IB) shall mean any block in which over
fifty percent of the ground level buildings fronting on said
block are dwellings. Said dwellings may be single-unit
structures or multi-unit structures.
7. To avoid approach speeds of greater than 40 mph, the location
of the first proposed Speed Hump shall be such that the
approach speed in advance of the first Speed Hump can be
effectively controlled via a physical design feature such as
a curve or 'controlled intersection.
8. Installation of a road speed Hump will not be permitted where
substantial diversion of traffic to other local streets will
occur as determined by the City Bngineer.
g. Speed Humps shall not be considered for streets that serve as
bus routes or are commonly used by emergency vehicles as an
access corridor.
10. Street lighting must exist on the street blocks where Speed
Humps are proposed to be installed.
11. The installation of Speed Bumps shall not result in
unacceptable delays to emergency vehicles as determined by the
police Department and the Pire Department.
12 . The street shall have good vertical sight distance, pavement
surface quality, horizontal sight distance, drainage and
street lighting. It must be free of usual features which
might affect the safe operation of Speed 'Humps.
[-5 ~-3ø1
. - ----....--------"
COUNCIL POLICY )
CITY OF CBULA VISTA
~JBCT: DSTALLATIOH or SPUD BUKPS POLICY EPPBCTIVE
rOR RBSIÐBNTIAL STlŒBTS IroKBBR DATB PAGB
57&-___ 07-30-'5 & or 7
ADOPTBD BY: ..a01utioD Ro. :II -- -- DATBD: 07-30-'5
mS'I'ALLATION
A. Construction
1. All Speed Humps should be constructed in accordance with Chula
Vista Design Standards (Exhibit B).
2. The Speed Humps shall be installed across the entire roadway
to the lip of the gutter with the last one foot tapered flush
with the pavement to minimize gutter running and to preserve '
gutter flows.
B. Warnina Devices
1. Signs and markings shall be installed with Speed Hump
construction in accordance with the Chula Vista Design
Standards (Exhibit B).
Placêment of Sneed Humns '
Speed Humps should be placed according to the following guidelines:
1. Speed Humps should be placed from 200 to 300 feet away from
intersections, stop signs or short radius curves (curve of
less than 300' radius). This ensures that sufficient driver
reaction time is provided.
2. Speed Humps should be spaced approximately 300 feet apart.
3. The final position of the Speed Humps should take into
consideration the following which should be field verified
prior to installation:
a. All Speed Humps ahall not be located over manholes or
within 30 feet of hydrants. .
t~-=& /~-j3
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DSTALLATIOHOF"DÐ JmII1IS POLICY BFPBC'l'IVB
FOR. USIÐENTUL ITJlDTS RtJHBBR DATB PAGE
576-___ 07-30-'5 7 OF 7
ADOPTED BY: a..olution Ro. "..-- DATED: 07-30-15
b. Speed Humps should be located downstream of 8tO%1l\ drains.
c. Speed Humps should be 1:ocated at adj acent property lines
between abutting properties when possible.
d. Speed Humps should be 10 feet away from driveways.
f. Vertical curves and grades should be evaluated with
respect to advance visibility of Speed Humps. Typically,
all Speed Humps should be placed at least 200 feet away
from sharp horizontal curves and be readily visible from
at least 200 feet away if placed near vertical curves.
g. Speed Humps should not be placed on horizontal curves.
4. Speed Humps should not be placed on streets with grades
greater than 6\ or in a location that is not clearly visible
for at least 200 feet.
M:\HOME\ENGINEER\TRAPFIC\CCPHUMPS.HR
F~ I~- 3'1-
Exhibit A
)
FORMAL PBTITION .
1'011. '1'IŒ INSTALLATION 01' ·Speed Bump.·
Þate of .etition
SKCDŒNT BBING EVALUATED
..
Street
I'rQIII '1'0
We, the undersigned, do by signature on this petition, wish to
formally request the City of Chula Vista to install ·Speed Humps"
on the segment of street described above. It is understood that by
signing this petition we acknowledge that we, as the property
owners to benefit from this . installation agree to pay our fair
share of the cost for installing these roadway features.
We understand that the policy for such petition process, limits the
requesting parties to the "Property OWners" of properties having i
frontage on the street named in this petition and we do by
signature on this petition acclaim to be said property owners.
We further understand that in accepting this petition, the City is
in no way obligated to install the "Speed Humps· being requested.
The petition serves simply as a request and that the segment
described above will be evaluated in accordance with City Council
Policy only if 75' of the property owners concur.
A copy of said policy is available from the office of the City
Engineer of the City of Chula Vista, and establishes a method of
payment for the installation of Speed Humps being requested. This
policy further provides that if at any time after the Speed Humps
are installed, we as property owners desire to have said ·Speed
Humps" removed, we will be assessed the costs involved with such
removal.
Prior to signiDg on the .etition tbat follow., it i. rec caded
tbat the property owner read and under.tand the advantage. and
di.advantage. of in.talliDg ·Speed Bump.· on re.idential .treet..
1. Ac!vant.aaes
%n general, stucUe. of · Speed Bump.· in.talled .in ciUe.
throughout 80uthern California bave revealed tbat:
.'Þ2 1~-35- -'
1 of 3
--".~--- -~.--.--
.
a. SpeelS Bumps effectively t'elSuce çeeðs ÓD t'e8ilSential
streets wben lSed.pelS eDð izultallelS 1D a .er1es developelS
to _1I1taiD .et .peeðs over a .et distance.
b. 8,peed Bumps _y .tend to divert vehicle. that are usiD;
local .treet. to avoid arterial congestioD (reduce abort-
cuttiDg), i»ack to the arter1al ay.t_ prov1delS.
2. Ði.advaDua..
%D general, JtulSie. of .SpeelS Bumps· iD.tallelS iD cities
t;b:roughout .outherD CaliforDia bave t'av_lelS that.
a. SpeelS Bump. are Dot aesthetically p1_.iDg'. 'lbey' t'equire
.pec1al .ipiDg &DIS pavemeDt _rkiD;. wbich are often
cODailSerelS to i»e UDaigbtly by the .... t'eailSent. that
requested the iDstal1atiOD of the SpeelS Bumps.
lI.esilSent., wbeD askelS, bave t'eportelSly .enselS a
perceptioD of t'elSucelS prop.rty value.
i». Tbe lSi.comfort of driviDg over the .8,peelS Bumps- ..y
lSiv.rt tbe UDIS.sirabl. traffic cODlSitioD. to alSjacent
resilSential .tre.ts iD th. D.i;hborhoolS.
c. C&D i». UDcomfortable for tho.. who drive over th_,
especially thos. who aay live with _lSieal cODlSitioDS
.ucb a. lower i»ack or Deck paiD.
IS. Kay .low cSoWD respoDs. time for I'ire DepartlleDt aDlS other
_ergeDCY vehicles iD gaiDiDg acce.. to belllus iD th. area
affectelS by ·Sp.elS Bumps-.
e. lI.e.ilSents liviD; adjacent to the ·Sp..1S Bumps- ..y
experi&Dce iDcr.aseð Dois. lavel. both from the SlVemeDt
of vehicl.s traver.iDg the bump (SuspensiOll. or ScrapiD;
Doise) aDlS from th. decel.ratioD aDlS acc.1eratiOll. of
vehicles arriviD; at aDc! departiD; from th. bump. (BrakiD;
aDlS KXbau.t Dois.)
f. SiDce by d.aip, th. ·Spe.1S Bump- i. taperelS at _ch enlS .
aDc! cSoe. Dot extenlS iDto th. gutter, ao as Dot to block
the flow of water, vehicle. ..y swerve toward th.
cUZ'i»liD. as they approach the ·Sp.elS Bump- iD aD attapt
to les.en th. _act on the .uspeDSiOll. of their vehicle.
'lbi. aaDuever thus, reðuces the effectiveness of the
-Spe.1S Bump- iDstal1atiOll., aDc! ..y iDcr_se accidents
iDvol viD; vehicles which are le;al1y parkelS alOll.; the
cUZ'i».
BaviD; realS &DIS UDd.rstoolS the cODdition. contaiDelS luareiD, we th.
UDIS.rsip.lS, do attest to b.iD; qualifi.1S p:roper~ OWDer. of the
prop.rty at the aðdre.. listelS 011. the p.titiOD, aDlS cSo IuarCy
formally request that OUZ' .treet be given all cSo cODaidaratioD.
Î~:- /~-.5'~ /3~ 2013
Standards and Spe(:lfications Exhibit 8
16" (1YP.) r+>
EXIST fACE Of CURB rL.E:CTIVE WHITE )
EXIST EDGE or PAVEMENT ILlP PAVEMENT IWIKING
12'
- ----J- - ·-C/L
N
tlCCJ B B
c::: L J
j
REflECTIVE WHITE b;, EXIST EDGE or PAVEIIENT IUP
PAVEMENT MARKING EXIST fACE or CURB
~ L. 1~ (1YP.)
"
~
¡;;
í
.
18" STREET WIDTH
(TYP.) FINISH CROSS SECTION -A-A"
NO SCAlE TRANSVERSE TO STREET elL
CIL
.. '- ~ '" I
fØ C? ~ G'! ~
N N N N
ff'
WlDTH-1Z' I
TEMPLATE CROSS SECTION -8-8"
NO SCIoLE LONGITUDINAL TO STREET CIL
Revised: DMW Nt Dote: 4/30/96 CITY OF CHULA VISTA
Dote: PUBLIC WORKS DEPARTMENT
SPEED HUMPS CVDS
34
~ 1:1.- 3f:(
I Standards and Spaclfications
IIHUIT B
ft&TI or CAUPCNINIA . ~ or ftAIII~
IMCC IUllIEJII.....w.I:.1- 1ODI--1Ul-
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CalTrans Approved Signs 0
~ í!rll!L- ~ /,2.-J/ð .\/11'>
C.-II' þV!"> or ftA,.",~ ,..., "",,...~ Þ" ">lIS»
- --......-----..-.---.......
COUNCIL AGENDA STATEMENT
Item /:J
Meeting Date 06/11/96
ITEM TITLE: R I' /(.:1).), th .. th . f .
eso utIon au onzmg e constructIon 0 a pipe gate and
additional posts to prevent vehicular access on City property in the D
Street/First A venue area.
Resolution / g- ;J;.J denying an encroachment permit to Bettie Warren for
a fence within City property and authorizing the sale of City owned land in
the D Street/First A venue area subject to certain easements.
SUBMITTED BY: rr
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_NoX)
At the April 16, 1996 Council meeting, the City Council revoked an encroaclunent permit issued
to Ms. Bettie Warren for a fence and gate across a City owned parcel of land north of the
intersection of D Street and First Avenue. The conditions of the revocation, however, allowed
the gate to remain in place until staff was able to return with a report on alternatives to prevent
vehicular access so long as pedestrian access was not interfered with. This item addresses those
alternatives.
In addition, the residents indicated that Ms. Warren had erected a fence that enclosed a portion
of the City owned parcel without a permit. Ms. Warren has applied for an encroaclunent permit
to allow that fence to remain. This report also addresses that issue and a related recommendation
to sell a part or all of the City owned land to the adjacent owners.
RECOMMENDATION: That the City Council approve the resolutions: 1) authorizing the
construction of a pipe gate and additional posts in place of the existing chain link fence gate; and
2) denying the encroachment permit for the fence enclosing the City owned land, and authorizing
the sale of the City land: a) to the adjacent property owners to the east, b) subject to certain
easements, c) at a price reflecting the value of the land as a separate parcel, and d) only for
portions fronting entire holdings.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
In January 1996, an encroachment permit was issued to Mrs. Bettie Warren for the installation
of a chain link fence and gate across a City owned parcel of land adjacent to her home at 89 First
A venue. When the fence was installed, several of the residents in the area complained that the
City, by issuing the permit, denied access to walkers, joggers, and bicyclists, to an area enjoyed
/3-(
-..-...--.-- -----.-..
Page 2, Item _
Meeting Date 5/11/96
by local residents for many years. The appeal of the issuance of the encroachment permit by these
residents was heard by the City Council at the April 16, 1996 Council meeting.
At that meeting, the Council adopted a resolution revoking the pennit, however, the Council
indicated a concern over allowing uncontrolled vehicular access to the area. The Council
instructed staff to remove the fence to the west of the gate, but allowed the gate to remain
temporarily, until staff could come back with a report on an acceptable alternative to the chain link
gate. Mrs. Warren was required to supply keys to the lock on the gate to the owners of the
landlocked parcels to the north of her home and attach a Knox box to the gate for emergency
crews. Staff has removed the fence to the west of the gate, reinstalled some of the posts to
prevent vehicles from going around the gate, but in a manner which allowed for pedestrian access,
and Ms. Warren has met the requirements she was required to fulfill regarding the keys and Knox
box.
In addition to the issue of the encroachment permit for the gate and fence across the City owned
parcel, the residents indicated that Ms. Warren had installed another chain link fence enclosing
some of the City owned parcel as part of her property within the week before the Council
meeting, after staff field checked the site and taken pictures. Subsequent to the April 16 meeting,
staff verbally advised Ms. Warren that her new fence was on City property and that she had 30
days to either remove the fence or apply for an encroachment pennit. By the time staff had the
letter prepared as a follow up, Ms. Warren had applied for the encroachment permit and a formal
notification letter was never sent to her. Staff then scheduled and held an administrative hearing
on the new encroachment permit and reviewed solutions for alternatives to the chain link gate.
CHAIN LINK GATE ALTERNATIVES
As a pennanent solution to prevent vehicular access, but allowing pedestrian and bicycle access,
staff has reviewed the following alternatives:
1. Removing all barriers and gates.
2. Placing removable bollards across the driveway and remaining portion of the City owned
parcel.
3. Installing wood posts on each side of the driveway with a locked chain and reflectors
between the posts.
4. Allowing the existing chain link gate and fence to remain in place as modified by the City
crews and currently exists.
5. Installing a pipe gate across the driveway. The pipe gate is shown in Exhibit A.
The first option of removing all barriers would be a reversion to the original state with
unobstructed passage by vehicles as well as pedestrians. Since Council clearly indicated a concern
with allowing unobstructed vehicular access, this option was not considered further and is not
recommended.
The second option of placing bollards was considered and discussed with the Police Department.
In order to be effective in preventing access to the area by noisy dirt bikes as well as automobiles,
JJ.;¿
Page 3, Item _
Meeting Date 5/11/96
the bollards would have to be spaced at approximately 24"-26" intervals, be removable to allow
for passage of authorized vehicles, but lockable to prevent unauthorized drivers from removing
them. Because of the number of bollards that would be required, the Police Department had a
concern over this alternative. Having to remove several of these obstructions would seriously
delay their response time. While staff did not discuss this alternative with the Fire Department,
it is believed that their response would be similar. This alternative is not recommended for those
reasons.
The alternative of installing wood posts on each side of the driveway with a chain between the
posts was also considered. Since visibility of the chain was a problem, reflectors would have to
be fastened onto the chain as an aid to prevent vehicles from running into it. It would be difficult
to add the reflectors to the chain in such a manner that they would remain visible at all times and
not twist such that they would no longer be seen. The Risk Manager and City Attorney's offices
both opined that, due to the lack of visibility of the chain, this alternative would present potential
liability problems. For this reason this alternative is also not recommended.
After consideration of the above, the only two alternatives that remained viable were to leave the
existing chain link gate in place and the installation of a pipe gate. Staff considered the possibility
of leaving the existing chain link gate in place, in as much as it is already existing, has been
effective in prohibiting unauthorized vehicular traffic, allows pedestrians to access the area and
would be easier for City sewer crews and emergency vehicles to open. While this alternative may
be considered the least aesthetically pleasing of the two remaining alternatives, it is a viable option
and the least costly since no additional costs would have to be incurred.
The last alternative of placing a pipe gate as illustrated in Exhibit A is more costly than leaving
the existing fence in place, however, it is less visually displeasing than the chain link gate. In
fact, the City uses this type of gate in the City parks, at maintenance drives to open space areas,
and at sewer access roads in the newer subdivisions. In addition, the pipe gates are sturdier and
less prone to damage by vehicles running into them. There would also be only one lock for City
crews and police and fire personnel to unlock to gain access to the area. Some of the residents
have indicated a concern that the existing opening cannot be seen from First and D and that the
appearance of the chain link gate may discourage residents from the area from using the path
because they are unaware that a pedestrian opening has been provided. By the nature of the pipe
gate, it will appear less imposing to those who may wish to access the river valley, but are
unaware that a pedestrian opening has been provided. While pedestrians will be able to walk
around the gate, the pedestrian opening is not visible from the intersection of D Street and First
Avenue. The pipe gate would at least give the impression they can get through the gate by going
under.
The cost of purchasing and installing the pipe gate is estimated at approximately $400. However,
including the additional posts that would be required to prevent motorcycles from going around
and removing the existing gate and fence posts, the total cost is estimated to be approximately
$1,000. Therefore, staffrecommends the pipe gate alternative to prevent unauthorized vehicular
access to the City parcel. The existing lock and Knox box placed by Ms. Warren would be
13" J
Page 4, Item _
Meeting Date 5/11/96
utilized to insure all the owners of property to the north that require access have it.
At the Council meeting of April 16, 1996, the Council also indicated that staff should look at
placing a sign on the fence indicating, in both English and Spanish, "Pass at your own risk.» This
issue has been reviewed by both the Risk Manager and the City Attorney's offices who have
indicated that, while such a sign does not create any more City liability, it could increase the
possibility of a lawsuit because of the presence of the sign. Therefore, staff does not recommend
that such a sign be put up. If, however, Council determines that such a sign is appropriate, the
cost would be less than $200.
NEW FENCE ENCROACHMENT PERMIT
As indicated, after issuing the first encroachment permit to Mrs. Warren for the fence and gate
across the City's parcel, she had another chain link: fence erected that encroached approximately
12 feet into the City land along the frontage of her property (see Exhibit B). According to Mrs.
Warren, this new fence replaced a wooden, split rail fence that had been in the same approximate
location. The new chain link fence is five feet high. Mrs. Warren applied for an encroachment
permit to allow the fence to remain in place on April 29, 1996. In her application (Exhibit C)
Mrs. Warren stated the fence is needed:
"to enhance my safety because of the remote area where I live with no lights or
police patrol. It will also enhance the looks of my front yard (as it is too skinny
and would look strange.) It will also keep out coyotes and stray dogs, Le. pitbulls
from which I have run on two occasions.»
Because of the sensitivity of the previous encroachment issue, staff determined that an
administrative hearing should be held before making a decision on the new encroachment permit.
Notices were mailed to residents within a l,ooO-foot radius of the fence and the hearing held on
May 22nd. Eleven individuals attended the hearing held before the City Engineer, including Mrs.
Warren and her attorney plus nine individuals from the neighborhood. Michael Roark, Mrs.
Warren's attorney, indicated that his client wished to have the encroachment permit issued because
of her security concerns. The other attendees generally all appeared to be in opposition to
issuance of the permit, although that point could not be absolutely ascertained since two of them
did not speak. A transcribed summary of the meeting is attached as Exhibit D. A summary of
the reasons the neighbors appeared to be in opposition to the permit issuance are:
1. The fence is illegal, the City's procedures on illegal fences should be followed requiring
the removal of the fence before the encroachment permit is issued.
2. The fence is not fair to anybody.
3. The fence should come down or the property owners on the other side of the City property
should be able to add 12 feet to their lots.
4. By approving the encroachment permit Mrs. Warren is receiving preferential treatment.
5. The City should not make a decision on this land until the big picture of what the City is
going to do with the land in the valley is determined.
6. Mrs. Warren does not need the fence on City property for her security.
/J-r
Page 5, Item _
Meeting Date 5/11/96
7. Allowing some property owners to encroach would create an aesthetically unpleasing
situation with some fences in and some fences farther out.
8. The residents have never seen a coyote in 12 years, there is no vandalism in the
neighborhood and very seldom do cars go in there.
9. The fence is over the height allowed in the front yard setback.
The opponents also presented a petition signed by 32 area residents. The petitions are attached
as Exhibit E.
After the opponents completed their statements, Michael Roark requested an opportunity to speak
and indicated, in summary, that the fence does not interfere with any of the reasons given in
opposition, pointed out that the City is not using the land, and that any encroachment permit
would be issued under condition that the land can be reclaimed by the City's demand that the
fence be removed. He also indicated that the proposed encroachment does give her a little more
privacy in that it moves people that much farther away from her residence.
Following completion of the administrative hearing, City staff investigated another alternative to
issuing the encroachment permit and other background information that came to light. The
alternative to issuing the encroachment permit is to sell, or offer to sell, all, or part, of the land
to the adjacent property owners to the east of the City property. The other background
information included an application made on Mrs. Warren's behalffor an addition to her residence
in 1985. That application was made by Harold Winterbottom and indicated that Mrs. Warren's
house was set 20 feet back from the property line (Exhibit F). The Planning Department had
approved the plan on the basis of the required 15 foot setback in the front yard being met. The
application used this 12 foot strip of land as part of the front yard setback. According to old
aerial photos on file in the Engineering Division, the residence was built sometime between 1958
an 1960. The land now owned by the City was dedicated prior to that time and, apparently, the
setback from the actual property line of only 8 to 10 feet was satisfactory, although no records
can be found of the building permit. This information is important because of the questions
brought up by the area residences concerning whether or not the fence was in the front yard
setback. As such the maximum height fence allowed in the front yard setback is 40" .
PROPOSAL TO SELL THE CITY LAND
An integral part of staffs recommendation on whether or not the City should issue the
encroachment permit is the proposal to sell the City land to the adjacent property owners to the
east of the land. Staff has looked into a couple of variations, including selling all, or only part
of the land. Since it would be very difficult to put in a full street without condemning property
to the south, and there are only five total parcels which require access from the City land, it,
therefore, appears that there is no practical need for the City to continue to own the land. As far
as constructing a road that would serve the properties to the north in the Sweetwater Valley, the
access through First A venue to the south of D Street is inadequate to handle the larger volumes
of traffic that such a road would generate. While selling the property to the abutting owners
would place the property back on the tax roles, it would also make it more difficult for the City
to construct a street in the area if the abutting property were ever to further develop. On this
-
)3"'~
Page 6, Item _
Meeting Date 5/11/96
latter point, however, all the property would be under the control of the abutting owners requiring
the street and it could be rededicated as a street as part of any overall development plan.
Therefore, it appears feasible to staff that the strip of City land be offered for sale.
If the land were to be sold, the City would need to retain a sewer easement and an easement in
favor of the other abutting property owners on the east and to the north for access. The properties
abutting the City parcel on the west have adequate frontage on Minot Avenue and are fully
developed. It would be recommended that the City sell outright a strip 12 feet wide and either
retain the remaining 28 feet or sell the entire 40 feet and encumber it with public service and
access easements. The encumbrance could also prohibit the erection of barriers and fencing
across the width of the 28 foot easement without a permit. Staff had a concern about retaining
an easement for pedestrian facilities because that might put the City in a position of having to
maintain the property in a safe condition in order to prevent liability. Also, staff's concern was
that selling the remaining 28 foot strip with the encumbrances would allow the property owners
to fence the area off to totally prevent access by the public similar to the situation which existed
when the area residents appealed the earlier encroachment permit to the City Council. However,
in consultation with the City Attorney's office, it was suggested that the City could retain a "trails
easement" as part of a public service easement. The sale of the westerly 28 feet would be subject
to an easement to all the property owners abutting the property on the east for access and a
"Public Service easement" including the right to own and maintain a sewer and for non-vehicular
recreational trail use by the public. Under the non-vehicular trail easement, the City would have
certain immunities under Sections 831.2 and 831.7 of the Govenunent Code from liabilities
resulting from use of the trail by the public. The main situation in which the City would have any
potential liability results from continuance or maintaining a known dangerous condition. There
is no more liability in this latter situation than the City otherwise now has by allowing the public
to use the property to access the Sweetwater Valley, although there could be an increased risk of
future litigation by encouraging its use by the public. There would, however, be no duty of the
City to maintain the trail so long as no dangerous condition exits.
Based on issues that arose during the administrative hearing on Mrs. Warren's second
encroachment permit, the residents may be opposed to the sale on the basis that if the properties
to the east are allowed to increase the size of those properties, they also should be allowed to
purchase 12 feet of the City parcel. Staff explained that for several reasons this did not appear
to be a reasonable option. First, the 40' strip of land which the City now owns was originally
dedicated in fee title to the City from the original parcel which includes all of the properties
adjacent to the east. Second, the location of the City sewer is 10 feet east of the west property
line and the sewer easement plus access easements would totally encumber any portion of the
property that could be offered to the property owners to the west. Third, the map which
subdivided the property to the west (Map No. 2376, El Rancho Villas, 1946) included a "30'
easement for Proposed Road" on the easterly edge of their property adjacent to the City parcel
(See Exhibit G). Although the map does not clearly indicate that the easement was offered to the
City, and the City did not accept the eaement, it appears that the City would be the beneficiary
of the easement in the event a road was to be constructed. If any offer of sale is to be made for
any of the City parcel, therefore, it should be made only to the owners of the properties adjacent
);l"'¿
Page " Item _
Meeting Date 5/11/96
to the east. The City Council may, however, wish to explore the possibility of vacating or
quitclaiming any easement rights the City may have to the 30 foot strip in question on the El
Rancho Villas Tract.
City staff sent a letter to all of the abutting property owners to the east requesting their input on
a possible recommendation to sell the land to them. The only response the City received was
from Mrs. Warren who indicated a desire to purchase at least some of the property. Based on the
lack of input from the other abutting owners, it does not appear that there would be any objection
to the sale by the abutting owners, nor any particular desire for the other owners to purchase the
property at this time. It also appears to make no difference whether the City can sell the entire
parcel, or only part of it, to the adjacent owners. The existing property does not have any direct
street access or use and sale of only parts of the property would not change that condition. Staff
does recommend, however, that any offer for sale be made only for the portion of the City land
abutting the entire adjacent parcel rather than smaller purchases. The would require Ms. Warren
to purchase the land along her entire frontage rather than only that portion which she has enclosed
with the fence. The City would continue to have access for the sewer easement.
As part of the consideration of the question of selling the City owned parcel, staff explored the
potential revenue to the City. The value ofR-l residential land in this area based on comparable
sales evaluated by staff runs from $3.50 per square foot to $4.50 per square foot with an average
value of $4.10 per square foot for the unencumbered land. The portion of the land encumbered
by the easements would have only a nominal value because of the little use it would have to the
owners. It should be noted that appraisers contacted by City staff were unwilling to express an
opinion of value without doing a full evaluation. As an alternative, in order to encourage the sale
of the property to eliminate any problems of ownership of a parcel of land with no actual value
to the City, the sale could be made based upon the value of the parcel to the City as a separate
and distinct parcel. Since the value to the City for a 40 foot strip of land with certain
encumbrances is very little, the land could be sold for a nominal value, say $1.00 per square foot.
Therefore, before any actual sale is made, the offer should be made subject to an evaluation of
value by an appraiser under one of the approaches to value outlined above. Historically the City
has sought the higher value of land, but that has also been where the adjacent property owners are
initiating the sale.
Using a price of $4.10 per square foot for the usable land based on its value as part of a larger
parcel, each running foot would have a value of ($4.10 x 12') $50 including a nominal value for
the remaining 28 foot width encumbered by the easements. Mrs. Warren has enclosed a strip of
land approximately 49 feet long enclosing approximately 456 square feet (the piece is not square
having a triangular point at the south end). This portion of her frontage would have an
approximate value of $1,800 to $2,000. If Mrs. Warren purchased the entire strip along her 320
foot frontage, the City could realize $16,000 in revenue from the sale if the property is sold based
on its value to the adjacent parcel. If the property were sold at its value to the City as a separate
parcel, the revenue could be between $500 and $4,000.
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Page 8, Item _
Meeting Date 5/11/96
RECOMMENDA nON ON SALE OF LAND AND ENCROACHMENT PERMIT
Because staff does not see a need for public ownership of this strip of land, other than the
described public service easement for sewer and recreational trails, staff recommends that the
property be offered for sale to the owners of the property abutting the parcel to the east subject
to the following conditions: a) the price shall reflect its value as a separate parcel and, b) any sale
be for that portion along the entire frontage of the abutting parcel. Coupled with this
recommendation, staff also recommends that the encroachment permit be denied. Mrs. Warren
erected the fence in violation of the City ownership and has at various times declared the land to
be hers or the City's as it met her needs. Staff believes that if Mrs. Warren wishes to use the land
to benefit her property by moving foot and vehicle traffic farther from her home she should do
so in a manner which benefits the City also. This is accomplished through the sale of the land.
Regardless of whether or not Mrs. Warren purchases the property, if offered, staff will continue
to pursue the other issue of the height of the fence in a front yard setback.
FISCAL IMP ACT: The cost of erecting the pipe gate and additional posts across the City
easement in place of the exixting chain link gate is approximately $1,000. If a sign is added to
the gate indicating "Pass at your own risk" the cost would be an additional $200. Funds are
available in the operating budget to erect both the pipe gate and the sign. If the existing chain link
gate were allowed to remain there would be no cost to the City, other than for the sign.
If the City denies the encroachment permit and offers to sell the property to the abutting owners,
the potential revenue to the City from such a sale to Mrs. Warren is between $500 and $16,000
depending upon the value assigned to the land and the amount of land purchased. Based on staff's
recommended conditions, the estimate of revenue to the City would be $4,000 - $5,000.
Attachments :
Exhibit A . Pipe gale drawing
Exhibit B - New fence encroachment
Exhibil C . April 29 Fence encroachmenl permil applicalion
Exhibit D - Transcribed summary of Administrative Hearing
Exhibil E - Petilion in opposition to encroachment permit
Exhibit F . 1985 Bldg Permit application
Exhibit G - Diagram showing 30' easement and sewer location
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DATE: 6/'4/,(, . PIPE úATE )3,9
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EXHIBIT \61 FILE NO. PE· 37("
DWN BY: ENC/?OACI-/MéNT PERMIT PE- 37~
DATE: 89 FIÆST AVENUE
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APRIL 29, 1996
ATTACHED IS A REQUEST FOR A FENCE TO ENCLOSE HALF
OF MY FRONT YARD AND A SMALL PORTION (APPROX 12'
W AND 48" LONG) OF CITY PROPERTY.
THIS FENCE IS 5' HIGH, CHAIN LINK. IT IS NEW AND
ATTRACTIVE AND IS MEANT TO ENHANCE MY SAFETY
BRCAUSE OF THE REMOTE ARF.A I" ::ERE I LI\1.E . WITH NO
CITY LIGHTS OR POLICE PftL~OL. IT WILL ALSO ENHANCE
THE LOOKS OF MY FRONT YARD (AS IT IS IT IS TOO SKINNY
AND WOULD LOOK STRANGE.) IT WILL ALSO KEEP OUT COYOTES
AND STRAY DOGS, I.E. PITBULLS FROM WHICH I HAVE RUN
ON TWO OCCASSIONS. PEOPLE LET THEIR DOGS RUN UNLEASHED
IN THIS AREA, AND I NEED THIS FENCE FOR PROTECTION AND
ALSO FROM VANDALS, KIDS ON BICYCLES RUNNING ACROSS MY
FRONT YARD AND INDEED IT WILL HELP KEEP C IT STRANGE
LOOKING, CRIMINAL TYPE PEOPLE FROM COMINC CLOSE TO MY
HOUSE. GANG MEMBERS AND GRAFITTI AND ANIMALS.
THE GANG MEMBERS, SO CALLED, COME FROM THE NORTH,
NATIONAL CITY. SAFETY IS THE REASON FOR THIS FENCE.
NEIGHBORS HAVE NO SAY ON THE TYPE FENCING I PUT UP
ON MY PROPERTY JUST I DON'T ON THEIRS.
THIS FENCE IN NO WAY INTERFERS WITH THE PUBLIC AND
CERTAINLY IS NOT A BLIGHT ON THE NEIGHBORHOOD. THE
NEIGHBORHOOD (99%) OF IT CAN'T EVEN SEE IT BRCAUSE
OF THE LOCATION OF MY HOUSE.
I WILL SIGN A STATEMENT THAT IF THE CITY OF CHULA VISTA
EVER NEEDS IS SMALL STRIP IT WILL BE TORN DOWN AND THIS
WILL BE PASSED ON TO ANYONE BUYING MY PROPERTY IN THE
FUTURE.
BETTIE J. WARREN
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ENCROACHMENT PERMIT
APPLICATION PROCEDURE Jt:i-
The following sleps are required to complele application for an encroachmenl permil:
.......1. Submit a letter which includes the following information:
A. A brief description of the proposed encroachmenl. /
B. The reason(s) for the need 10 encroach. ......-
C. An estimate of the cost of the work being done in the right of way, only. 1,
D. If this is nol a temporary permit, you must submit a copy of your deed, å lot book repon or a title
repon. Since the permil is 10 he recorded with the County Recorder's office, we must have a
legal description of your property.
E. The owner's mailing address and phone number.
2. Provide a skelch (sample helow) showing the work to be done as it relates to the street righl of way line,
curb line, parkway, elc. Include dimensions as shown in sample.
3. The following applications fees are to accompany the letter and sketch:
LY For minor incroachments (fences, garden walls, retaining walls under five feet in height) or
lemporary encroachmenls which may he approved administratively: $105.00
'.
B. For all other encroachments which musl he considered by the City Council: $250.00
Submissions may he made al the Engineering Counler located in the Public Services Building or mailed 10 the Office
of the City Engineer, Permils Section, P.O. Box 1087, Chula Vista, CA 91912.
If the permil is approved, the permil form musl he signed (with notarization) by the owner and submitted to this
depanmenl, accompanied by an inspeclion fee in the amounl according 10 the table shown helow.
Esâmatc of
Work Within Insp
FACIl ()F CU~ð Encroached Area fs
5 0-104............... 530
105-144 . . . . . . . . . . . . . .. 36
SID4M1A/.K Pt1L' 145-194 . . . . . . . . . . . . . .. 45
195-254 . . . . . . . . . . . . . .. 57
255-329...............69
~~117" ¿fIlE 33().419 . . . . . . . . . . . . . .. 81
DI/rf4N$ION 420·529 . . . . . . . . . . . . . .. 93
F/~4 II'IÞJtANr 5~59 . . . . . . . . . . . . .. 108
I I 660-809 .............. 123
810-989 . . . . . . . . . . . . .. 135
I 990-1,209 . . . . . . . . . . . .. 150
1.210-1,479. . . . . . . . . . . .. 165
I 1,480-1,819. . . . . . . . . . . .. 183
Is.' t( J.Ot:.4 T I()¡,/ I 1,820-2,259.... ......... 201
I - J!()W rt"I'ë I I 2.260-2,699............. 219
()F WØA~ ~/^,(i l:JI:W~ . Î 2,7()()'3.191 . . . . . . . . . . . .. 234
I 3.140-3.579............. 249
- INDICAT~ H6I&1/7' OF 3,5804.059............. 264
4.060-4.579............. 276
WALLS ()If "'.^,cæs. 4.580-5.139............. 294
5.140-5.739. . . . . . . . . . . .. 312
5.740-6.339... .......... 330
6.340-6,979. . .. .. . . . . . .. 348
6.980-7.659. . . . . . . . . . . .. 366
Sample Sketch 7,66Q-8.379. . . . . . . . . . . .. 384
8.380-9,119. . . . . . . . . . . .. 402
9,120-10.000 . . . . . . . . . . .. 420
0.0,510.000 .......... 4.2%
Ex.C ,.,~ I ;]'/!j
"-tN· 6-~~-"'4 - .--------------------
Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22,1996
In attendance:
City Staff
Cliff Swanson, Deputy Public Works Director/City Engineer
Dave Byers, Deputy Public Works Director/Operations
John Hardesty, Pennits Engineer
Residents
Bettie Warren, 89 First Avenue, Chula Vista
Michael J. Roark, 231 Fourth Avenue, Chula Vista (Attorney for Mrs. Warren)
L. Aguillard, 138 Minot Avenue, Chula Vista
Ted Garcia, 99 D Street, Chula Vista
Frank Luzzaro, 95 D Street, Chula Vista
Susan Luzzaro, 95 D Street, Chula Vista
June Russo, 68 D Street, Chula Vista
Frank Russo, 68 D Street, Chula Vista
Bruce Collin, 58 Corte Maria, Chula Vista
Frank Balistrieri, 89 Las Flores, Chula Vista
Ed Malago, 83 Minot Avenue, Chula Vista
Mr. Swanson introduced himself and indicated that the purpose of the meeting was to hold an
administrative hearing regarding the application for an encroachment permit at 89 First A venue. The
permit was for a fence that Mrs. Warren had constructed in her fi'ont yard that was on City property
and the hearing would focus on whether the permit should be issued. He indicated that the meeting
was not to discuss the gate in front of Mrs. Warren's property. The gate issue would be handled by
the City Council.
Mr. Roark indicated the fence was installed for Mrs. Warren's security, protection, and privacy. The
pennit should be allowed and wondered why the proceeding was taking place.
,
Mr. Luzzaro asked if the pennit request was in writing and if the request indicated that the fence was
for Mrs. Warren's safety.
Mr. Swanson indicated that there was a written request and that to his knowledge it indicated that
the fence was for her safety.
Mr. Luzzaro said that Mr. Roark indicated that the fence was on Mrs. Warren's property, but he
knew that it also surrounded City property. On April 16, 1996 he complained to the Council that
the fence was illegal and on City property. The recent survey of the land confmned that it was on
City property. He asked what was the City's policy when someone violated the City code. A
property owner at F Street and Hilltop Drive had installed a fence two feet onto the City's property
and was required to move the fence. He asked if there was a policy to correct illegal situations.
Page 1
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Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
Mr. Swanson said the procedures were being followed by having the administrative hearing. Mrs.
Warren had been informed that the fence had encroached onto City property and was instructed
either to move the fence or apply for an encroachment pennit. The encroachment permit would be
reviewed on its own merit. The fence was allowed to remain during the encroachment permit review
process. If the permit was denied, the fence would need to be removed. She was given 30 days to
take action. Mrs. Warren had decided to apply for the pennit.
Mr. Luzzaro asked what was the Board of Appeals function.
Mr. Swanson indicated there was no Board of Appeals.
Mr. Luzzaro said if someone was in violation of a City code and was ordered to remove a fence, they
would not have an appeal process.
Mr. Swanson said that was not correct. There was no Board of Appeals.
Mr. Luzzaro asked if the appeal process was to apply for an encroachment permit. He asked if he
built a fence on City property and was told to remove it, would he then apply for an encroachment
pennit.
Mr. Swanson said anyone could apply for an encroachment permit. An application for a pennit did
not assure that the pennit would be granted. There was a process by which the application was
reviewed and it was detennined whether the City would grant the pennit. In Mrs. Warren's case,
the permit could be approved, denied, or referred to the City Council. If the application was denied
or referred, it could be appealed to the City Council, but there was no Board of Appeals. He
explained the encroachment pennit procedures.
Mr. Luzzaro said he had a petition from residents and that the residents were upset and confused
about the issue. The residents understood that the fence had encroached upon the City's property
and that the City's survey showed the same thing. It appeared to him that residents could do what
they wanted to do on City property and then ask pennission later. He did not agree with that policy.
Other residents had told him that if they had done anything in violation of the City code, they were
told to change it. He felt Mrs. Warren's fence should have been removed because it was in violation
of the City code. Other people would have been told to correct the problem and then if they wanted
to appeal, they would go to the City Council.
Mr. Swanson reiterated that Mrs. Warren was given a notice indicating that she needed to remove
the fence. However, under the Municipal Code, she had the right to file for an encroachment permit,
which was the legal process.
Mr. Luzzaro asked how long Mrs. Warren was given to remove the fence.
Page 2
M:\HOMElENGINEERIADMIN\llEARING.CLS
E,X, D-2- /:3 - /-->
--_..._---~._---_.-._._--
Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
Mr. Swanson replied 30 days. He said there was a Board of Appeals for the Building & Housing
Department for illegal buildings, etc., but encroachments did not fall under the Board of Appeals.
The appeal was to apply for an encroachment pennit. If Mrs. Warren had not chosen to apply for
the pennit or had not removed the fence, City staff would have removed the fence and billed Mrs.
Warren.
Mr. Luzzaro asked when the notice was sent to Mrs. Warren to remove the fence.
Mr. Hardesty said he was unsure of what date the letter was sent, but Mrs. Warren applied for the
encroachment pennit within a week.
Mr. Luzzaro asked how long after the April 16, 1996 Council meeting did staff send the notice to
Mrs. Warren.
Mr. Swanson responded approximately one week.
Mr. Luzzaro said the situation was setting a bad precedent. He would like to see the Star News
announce to the citizens of Chula Vista that if they violated the City code, all they had to do was to
appeal to the City Council. He thought there was code enforcement in the City that forced citizens
to comply with the code. He said Mrs. Warren had not been ticketed for her illegal action. Staffwas
saying that he could install a fence wherever he wanted and then he would get a note telling him to
take it down, at which time he would appeal the decision. He felt it was a bad way for the City to
do business.
Mr. Swanson asked Mr. Luzzaro if the petition stated the residents reasons that the pennit should
be denied.
Mr. Luzzaro said the petition stated part of the reasons. He said no one was denying Mrs. Warren's
right to protection or to be build a fence on her property. He failed to find any reason for the fence
to be on City property. The fence would serve as much protection setting on her property rather than
on City property.
Mr. Balistrieri asked if Mrs. Warren was asking for an 12' of City property and if other residents
would be allowed 12' of City property.
Mr. Swanson said she was asking for approximately 12'. If the pennit was approved, it could set a
precedent for other owners. There was a sewer easement approximately 18' west of the fence that
Mrs. Warren installed. He showed the residents on the map where the sewer easement lied.
Mr. Balistrieri asked if other residents would be allowed to have encroachment pennits as long as
the sewer line was not enclosed.
Page 3
M:\HOME\ENGINEER\ADMIN\HEARlNG.CLS
/:J'lt
Ex. D-.3
---..-..-
Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
Mr. Swanson said if the City decided to approve the encroachment pennit, then other residents
would be able to apply for permits. He discussed the dimensions around the sewer easement and
encroachments which would or would not be allowed.
Mr. Balistrieri felt Mrs. Warren was receiving special treatment from the City. He did not feel it was
fair to the residents.
Mr. Malago lived west of the City property. He had written a letter to the City and did not receive
a response. Because of the confrontations with Mrs. Warren, he had two land surveys completed,
and Mrs. Warren still indicated she did not know where his property line was. Mrs. Warren has
planted trees on his property and had asked her to remove them. The trees were out of control and
she was using the trees as a guard around the gate. He had spent over $1,000 and wanted the item
settled. He felt Mrs. Warren had brought the situatiOli on herself. He wanted to see the fence
removed and if it wasn't, he wanted to add 12' to his property which would prohibit Mrs. Warren
from accessing her garage.
Mrs. Russo asked if a pennit was required to build a fence.
Mr. Luzzaro responded that if the fence was on your own property and under 6', it did not require
a pennit.
Mrs. Russo then asked if Mrs. Warren should have gotten a pennit since she knew it was not on her
property.
Mr. Swanson responded yes and that was what the hearing was about.
Mr. Aguillard said he used the property all the time and did not like seeing fences blocking his
access. He explained some of the history of the area and wanted to know why residents were being
kept from accessing the land freely.
Mr. Swanson said that the gate across the road was a separate issue.
Mr. Aguillard said Mrs. Warren was receiving preferential treatment. He felt there should not be any
encroachment or special consideration. He did not understand Mrs. Warren's rationale and said that
no one was bothering her.
Mrs. Luzzaro wanted to know why Mrs. Warren was writing down the names of everyone who was
speaking. She said after the City Council meeting, those who spoked were punished for speaking
and felt that a democracy was about being able to speak without retribution. She objected to the
encroachment pennit because the other encroachment pennit had not been deaÍt with. There was
no reason for the fence to be extended except to augment her property, which was unfair to other
citizens. Based on what was happening, she could build a fence to the curb and then ask the City
Page 4
M:\HOME\ENGINEER\ADMlN\HEARlNG.CLS
Ex. D-4- /3-/7
".-..--
Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
to approve it. The arrangement seemed to be permanent. She felt the City should not be making any
plans until it was decided what the lower Sweetwater Valley area would become. Until there was
a master plan, the area should not be piecemealed together. If one encroachment pennit was
approved, then others would be approved. The City was giving Mrs. Warren 12' to augment her
property and only gave citizens 1-2 feet to access the land. A wheelchair, stroller, or broad
shouldered person could not go through the space that the City allowed for access to the valley. The
special things given to Mrs. Warren and not to the rest of the community, was noted by the residents.
Mr. Malago said he told Mrs. Warren that the fence was on his property and told her to remove it.
Mrs. Warren indicated that she had a pennit and would not. After the Council meeting, it was
detennined that the fence was on his property and City crews removed the fence and placed posts
close together so that it was difficult to get through. He did not understand why the crews put the
posts so close together.
Mr. Luzzaro was disappointed that staff did not provide a copy of the application with the rationale
for the fence. Mrs. Warren's attorney indicated that the fence was needed for security. He wanted
it understood that the residents did not have problems with Mrs. Warren having security. However,
security would start wherever the fence began. The fence on her property line would give just as
much such security as being on City property. It bothered him that a hearing needed to be conducted
for a ridiculous piece of rationale. He asked when a decision would be made.
Mr. Swanson replied that a decision would be made either after the hearing or referred to the City
Council. If it was referred to Council, it was tentatively scheduled for June II, 1996.
Mr. Balistrieri said if additional residents installed fences, it would not be aesthetically pleasing.
Residents who could not afford fences would having people walking into the back of their properties.
Mrs. Luzzaro said Mr. Garcia was taking fences down rather than putting them up and he faced the
same "safety" issues as Mrs. Warren. She was unaware of any security problems in the area. Her
property overlooked Mrs. Warren's property and she had not seen any safety issues.
Mr. Swanson read the encroachment pennit application.
Mr. Garcia lived next to Mrs. Warren. He had never seen a coyote in the area. There was no
vandalism in the neighborhood. People just wanted to walk around and back. He had very seldom
seen cars in the area. He felt the area was safe.
It was asked if the pennit was denied, how long Mrs. Warren would have to remove the fence.
Mr. Swanson replied she would probably be given 30 days.
Mr. Luzzaro asked if the time period was listed as "probably" because there was no specific policy.
Page 5
M:\HOME\ENGINEER\ADMIN\HEARING.CLS
Fx .v - 5 15 .../~
---------...---- - --_._----~._.-
Notes from Encroachment Permit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
Mr. Swanson said unless it was a severe safety hazard, applicants were given a reasonable amount
of time to make corrections. He felt 30 days was a reasonable amount of time.
Mr. Luzzaro asked if the City would pay for the removal of the fence.
Mr. Swanson indicated that it was not his intent to pay for the removal. He could not tell the
residents the date the letter was sent to Mrs. Warren, but indicated that the permit application was
received on April 29, 1996. The notification letter was sent out approximately on April 22, 1996,
however, Mrs. Warren was verbally told prior to the notification letter being sent.
Mr. Aguillard said dates were important because ifhe showed up to a court a day late, he would be
fined. He asked what the City code was on building a fence.
Mr. Swanson responded that with a front yard set back, the height restriction was 42". The front
yard set back was usually defined as that portion off of the street.
It was asked would happen if the permit was denied and Mrs. Warren did not remove the fence
within 30 days and if there would be fines.
Mr. Swanson said there would not be fines imposed, but there would be discussions with the City
Attorney as to which avenue to pursue. There could be legal action involved or Council action to
remove the fence. Staffs recommendation would be to obtain Council permission to remove the
fence and have Mrs. Warren absorb the costs.
Mr. Byers said he was concerned with what was happening because it was his staff that was required
to maintain the affected sewer line in the area and it was his staff that was directed to remove the
fence. He was responsible for where the posts were located. He did not want vehicle or motorcycles
in the area. Staffhad to cement the manhole in the area because youths were taking off the manhole
covers and dropping rocks into the sewer main. He had been back in the flat area and on one
occasion had seen transients drinking alcohol in the area.
Mr. Aguillard said he had never seen undesirables in the area.
Mr. Luzzaro reiterated that Mrs. Warren's security could be obtained by placing the fence on her
property instead of City property. The safety issue was discussed at the previous City Council
meeting.
Mrs. Luzzaro responded to Mr. Byers and said there were open sewer manhole openings in other
locations that did not need to be protected from residents.
It was asked who would make the decision regarding the permit.
/3---17 Page 6
M:\HOME\ENGINEER\ADMIN\HEARlNG.CLS
...-...
Notes from Encroachment Pennit Administrative Hearing
Applicant: Bettie Warren
May 22, 1996
Mr. Swanson responded said under the City code, he was authorized the make the decision in
conjunction with staff. The decision would be either approval, denied, or referred to the City
Council. He explained back to the residents their concerns.
Mr. Roark said the land in question was not currently being used by the City and the fence was
installed with the understanding that if the City wanted to use the land, the fence would be removed.
13 --;).(} pf Page 7
M:\HOME\ENGINEER\ADMIN\HEARING.CLS
E>f. P-7
-.
PETITION IN OPPOSITION TO PROPOSED ENCROACHMENT
PBRMIT
The undersigned, voting residents in the City of Chula
Vista, adamantly oppose the proposed encroachment permit
requested by Ms. Bettie Warren. We oppose it for the
following reasons (1) The land in question was knowingly
and illegally enclosed by Ms. Warren's new fence to
increase her property. Should the City condone this
behavior by formalizing land seizure with an encroachment
permit, a negative precedent would be established for all
City property owners. (2) Nothing justifies or necessitates
this permit. (3) Ms. Warren's property is for sale which
negates rationale and raises title questions. (4) The
future development of City property in the lower Sweetwater
valley is undecided. The road leading to the property
might conceivably be involved in the future development,
i.e. a City maintained footpath connecting the Rosebank
area to the recreational path along the Sweetwater River.
Until an overall plan for the area is conceived and
approved by the City Council, the land in question should
not be parceled off. (5) Once again Ms. Warren seeks to
make public property her own private property.
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PETITION IN OPPOSITION TO PROPOSED ENCROACHMENT
PERMIT
The undersigned, voting residents in the City of Chula
Vista, adamantly oppose the proposed encroachment permit
requested by Ms. Bettie Warren. We oppose it for the
following reasons (1) The land in question was knowingly
and illegally enclosed by Ms. Warren's new fence to
increase her property. Should the City condone this
behavior by formalizing land seizure with an encroachment
permit, a negative precedent would be established for all
City property owners. (2) Nothing justifies or necessitates
this permit. (3) Ms. Warren's property is for sale which
negates rationale and raises title questions. (4) The
future development of City property in the lower Sweetwater
valley is undecided. The road leading to the property
might conceivably be involved in the future development,
Le. a City maintained footpath connecting the Rosebank
area to the recreational path along the Sweetwater River.
Until an overall plan for the area is conceived and
approved by the City Council, the land in question should
not be parceled off. (5) Once again Ms. Warren seeks to
make public property her own private property.
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PBTITION IN OPPOSITION TO PROPOSBD BNCROACHMBNT
PBRMIT
The undersigned, voting residents in the City of Chula
Vista, adamantly oppose the proposed encroachment permit
requested by Ms. Bettie Warren. We oppose it for the
following reasons (1) The land in question was knowingly
and illegally enclosed by Ms. Warren's new fence to
increase her property. Should the City condone this
behavior by formalizing land seizure with an encroachment
permit, a negative precedent would be established for all
City property owners. (2) Nothing justifies or necessitates
this permit. (3) Ms. Warren's property is for sale which
negates rationale and raises title questions. (4) The
future development of City property in the lower Sweetwater
valley is undecided. The road leading to the property
might conceivably be involved in the future development,
Le. a City maintained footpath connecting the Rosebank
area to the recreational path along the Sweetwater River.
Until an overall plan for the area is conceived and
approved by the City Council, the land in question should
not be parceled off. (5) Once again Ms. Warren seeks to
make public property her own private property.
1. ~ ~
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-- _._----_.~~-~,_._~-
PETITION IN OPPOSITION TO PROPOSED ENCROACHMENT
PERMIT
The undersigned, voting residents in the City of Chula
Vista, adamantly oppose the proposed encroachment permit
requested by Ms. Bettie Warren. We oppose it for the
following reasons (1) The land in question was knowingly
and illegally enclosed by Ms. Warren's new fence to
increase her property. Should the City condone this
behavior by formalizing land seizure with an encroachment
permit, a negative precedent would be established for all
City property owners. (2) Nothing justifies or necessitates
this permit. (3) Ms. Warren's property is for sale which
negates rationale and raises title questions. (4) The
future development of City property in the lower Sweetwater
Valley is undecided. The road leading to the property
might conceivably be involved in the future development,
i.e. a City maintained footpath connecting the Rosebank
area to the recreational path along the Sweetwater River.
Until an overall plan for the area is conceived and
approved by the City Council, the land in question should
not be parceled off. (5) Once again Ms. Warren seeks to
make public property her 0 private property.
-
6.
7.
8.
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FILE NO. PE· 37'-
OWN BY: ENCÆOACf/MéNT PéI<M/T Pé-37'
DATE: 6' F/I<ST AVENUE I:J ' ",2 ç"
.-._-"_.~_.._._._-_._.._-_.__._-
ß/J
JUNE 10, 1996 /
-~
TO: HONORABLE MAYOR AND COUNCIL MEMBERS OF THE CITY OF t~ ~J'
~ VISTA, CALIF. ; Q;ùf
FROM: BETTIE WARREN, 89 FIRST AVE., CHULA VISTA, CALIF.
RE: CITY EASEMENT ON NORTH FIRST AVE., CHULA VISTA, CALIF.
I AM REm.w'STING THE FOLLOWING OPTIONS FOR YOU TO CONSIDER
IN PREFERENCE ORDER:
OPTION 1 - IF NOT COST PROHIBITIVE I WOULD BE INTERESTED IN
PuRCHASING THE 40' CITY EASEMENT FROM THE SOIITH BORDERING MR.
GARCIA'S AND MR. MALAGA'S PROPERTY TO THE END OF MY RESIDENCE
TO THE NORTH BUT WITH NO ACCESS BY THE PUBLIC DUE TO LIABIL .-.-..-
r¡: (" l
I WOULD WM'T THE SAME RIG!ITS AS MR. GARCIA HAS WITH HIS PRO L!: " ':..
BUT WITH THE UNDERSTANDING PROPERTY OWNERS TO THE NORTH ON . '\ I
EAST SIDE OF THE EASEMEI.".r HAVE ACCESS AS WELL AS THE CITY F . ~ ri ..D! I 0 ¡[~~
SEWER MAINTAlNENCE.W;"\
I L--- _ _-d
OPTION 2 - I WOULD LIKE TO PURCHASE A STRIP OF THE 40' EAS ~~ '_ ~.;.- 1. l-~ ,'-: \
49 FEET LONG ENCLOSING APPROXIMATELY 456 SQUARE FEET (THE PI c~ ~ ~~'-;:' _.;..,~_.
IS NOT SQUARE HAVING A TRIANGULAR POINT AT THE SOUTH END).
APPROXIMATE VALUE OF $1,800 TO $2,000 PER CHULA VISTA CITY
ENGINEERING DEPT. THIS DOES NOT INTERFER WITH PUBLIC ACCESS IN
ANY WAY.
.......
.... --
OPTION 3 - I REQUEST THAT THE PRESENTLY ERECTED FENCE WITH GATE
R&~IN ACROSS THE 40' CITY EASE}ŒNT AS IT IS CERTAINLY SERVING
IT'S PURPOSE BY KEEPING OUT MOTORIZED VEHICLES AS THIS IS NOT A
PUBLIC ROAD.
HOHEVER I DO REQUEST THAT THE FENCE BE MOVED FROM IT' S PRESENT
.
LOCATION TO THE NORTH TO THE END OF ~~ HOUSE AS IT IS TOO CLOSE TO
MY DRIVEWAY AND I HAVE TO USE GREAT CAUTION BACKING OJT OF MY
DRIVEWAY. THIS WAS MY ERROR BUT I DID KEEP AS CLOSE TO THE DIAGRAM
PROVIDED ME BY THE CITY ENGI~ŒERING DEPT.
IF THE FENCE CAN BE MOVED TO THE NORTH TO THE END OF MY
HOUSE AND IF FIRST OR SECOND OPTION IS APPROVED BY THE CITY, IT .
WILL HAVE A ~IUCH BETTER APPEARANCE AND SERVE BETTER SECURITY AS THE
TWO FENCES WOULD JOIN, REDUCING THE HEIG!IT OF BOTH FENCES TO MEET
CITY REQUIREMENTS. I WOULD BE ~IILLING TO SHARE IN THIS EXPENSE AND
USE NB' MATERIALS FOR A MUCH BETTER NEIGHBORHOOD APPEAPJrnCE. I
WOULD WANT TO CHAIN LINK FENCE FROM THE NW CORNER OF THE FENCE
CROSSING THE EASEMENT SOUTH APPROXIMATELY 20'TO THE TREES TO KEEP
MOTORIZED VEHICLES OUT, HITH ENTRY PROVIDED THROUGH THE FENCE FOR
THE PUBLIC SMΠWIDTH AS IT IS NOI, IN ORDER THAT PEOPLE MAY PASS
THROUGH BUT VEHICLES CAN NOT. IF OPTION 1 IS GRANTED, THERE WOULD /3".2.1
BE NO OPENING.
THANK YOU COUNCIL FOR CONSIDERING THESE OPTIONS. I HOPE TIlli COUNCIL
~TILL RalEMDER THAT I LIVE DOlm THIS EASEMENT AND NO ONE ELSE DOES Am
I SUFFER THE CONQUENCES OF ALL THAT HAPPENS DOWN HERE. THE PUBLIC DOES NOT.
U)
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EXHIBIT \6' FILE NO. PE· 37G.
OWN BY: £NCIlOAC/-IMéNT P¿ÆUIT Pé·!J7~
DATE: 6' FIllsr AVENLlE /3-.;;,f
:PI:;
LAW FIRM OF rJ Πif: Πn fir, R r\
MICHAEL J ROARK II~~I, ' . ,I ,I l:~,!ni
. I r I ' ,I: '
P 0 ,I" I /'" I
A R FESSIONAL CORPORA TJON ILJ L.: i , F, J~J , I i:)A" ' ,
231 FOURTH AVENUE I !'-'
1-- :
CHULA VISTA,CA91910 I (-.-.-.---,-----'
__,,\'
'----
Michael J. Roark PH: (619) 426·4341
A Certified Family Law Specialist FAX: (619) 426-2741
June 11, 1996
City of Chula vista
city Counsel
Department of Public Works
Item 13 on Agenda of City Counsel of 6/7/96
Dear Counsel Members:
I, Mrs. Warren, authorize Mr. Roark to speak on my behalf.
I will not be present.
I wish the counsel to grant the encroachment request to
allow the present fence to remain on the City Property, that has
been my "front yard" for over 30 years. I agree with a
modification to reduce the fence to 42" high. This is subject,
of course, to removal of any encroachment permit granted¡ when
and if the city desires to use such property.
If the second resolution is also passed, AT THIS PARTICULAR
POINT IN TIME, I an NOT interested in buying the 40 foot strip,
as long as, a portion of it has now been encumbered with the
right of pedistrian access BY COUNSEL ACTION OF LAST MONTH.
Please ignore my letter to you of 6/11/96.
i-<~~. u)CM~
6/11/96 at 3:00 p.m. Bettie Warren
/3 -d'1
11/)
TIlE FOLLOIifING PERTAINS TO RESOLUTIO~¡ 18332 /;. 18333, CITY COUNCIL MEETING, 6:00 P.li.
JUNE 11, 1996. I I'¡OULD LIKE ALL COUï~CIL MENBERS TO READ t2IS: 3,¡:,.7:1.·jliIT MID 1'£1 T;';,AT THE
CITY ~ CLERK OR JERRY RINDONE READ IT .ALOUD AT THE I>\EETIIIG. NiSrz,m i iliU·1Y.;~SZ'¡;ATIVE
JILL BE ATTENDING THE MEETING. ,
JUNE 11, 1996
TO: CITY COUNCIL OF CHULA VISTA, CALIF.
FROM: BETTIE J. WARREN, 89 FIRST AVE., CHULA VISTA, CALIF.
RE: 40 FOOT EASEMENT OWNED BY THE CITY OF CHULA VISTA ON
NORTH D STREET, FIRST AVE. AREA
THIS LETTER WILL CANCEL OUT ANY INTEREST I HAD IN PURCHASING
ANY PART OF THE ABOVE EASEMENT.
PURCHASING A 40' EASEMENT ALONG THE FRONTAGE OF MY
PROPERTY WOULD DO ME NO GOOD IF I CAN ONLY USE 12' OF IT, AND
I WOULD NOT TOLERATE PUBLIC USAGEBEeAjJSE OF A!,j:JSE'AND LnBILITYi YOU HAVE
ALSO TAKEN AWAY MY SECURITY BY REQUIRING ME TO LOWER THE FENCE IN
FRONT OF MY HOUSE, AND INDEED REVOKING THE ENCROACHMENT PERMfï AS
YOU HAVE ISSUED TO HUNDREDS OF OTHER CITIZENS IN T~IS CITY. .
MY SITUATION IS UNIQUE IN THAT I LIVE IN THE CITY OF CHULA VISTA
BUT WITH NO STREET LIGHTS AND NO POLICE PATROL. YOU HAVE REFUSED ME
SECURITY IN EVERY WAY I HAVE TRIED TO GET IT. I LIVE ALONE AT 71 YEARS OLD.
I GUESS POLITICS PAYS OFF. FRANK AND SUSAN LUZZARO ME FILD, lmCARING,
VICIOUS ACTIVISTS WHO HAVE HAD THEIR WAY BY STIRRING UP THE NEIGHBORHOOD
IN NUMBERS AND A I'¡EAK CITY COUNCIL HAS GIVEN INTO THEM. ONE COUNCIL
MEMBER LOOKING FOR VOTES, EVEN CAMPAIGNING AT ONE MEETING IN WHICH I
WAS INVOLVED. UNBELIEVEABLE1
I AM R~IOVING ALL FENCING ON CITY PROPERTY THAT I HAVE HAD
ERECTED IMMEDIATELY, AND FOR Irr:ICH I REQUESTED PEBí1ITS AT $100. EACH.
I ASSU}ΠYOU WILL ALSO KEEP THE $200.00 I HAVE PAID FOR TWO
DIFFERENT ENCROACHMENT PERMITS, (BOTH REVOKED) TRYING TO GAIN SECURITY.
THANKS FOR YOUR HELP COUNCIL, I REALLY APPRECIATE WHAT YOU
HAVE NOT DONE FOR ME AS A CITIZEN OF THIS CITY AND AS SOON AS I SELL
MY HOUSE, I AM LEAVING YOUR FINE CITY WHERE I HAVE LIVED AND WORKED
FOR FORTY YEARS, 24 YEARS WITH THE SCHOOL DISTRICT AND VOLUNTEER WORK
WITH THE POLICE DEPARTMENT WHICH ALSO WENT UNAPPRECIATED BECAUSE OF
VICIOUS ACTIVISTS. I HOPE THEY CAN SLEEP AT NIGHT OR MAYBE I DON'T.
1~ W~REN úJ~
89 FIRST AVE.
CHULA VISTA, CALIF. 91910
I NO LONGER HAVE A DESIRE FOR THESE CERTIFICATES.
IT STILL PUZZLES HE "l:¡Y T'rlE CITY COUNCIL ALLOHS TIlE PUBLIC TO TRESPASS
ON CITY PROPERTY SUBJECTING ALL 0-" TIm CITIZENS 0-" THIS CITY TO LAHSUITS
IN CASE OF ACCIDENTS OR INJURYS. TO THE POINT HHERE THEY ALSO TRESPASS /..3 3tJ
ON OTHER PEOPLE'S PROPERTY AND ARE ALLOIJRD TO CUT TIlE STATE'S FREE\JAY
FENCES 1:0 'ŒAc;.¡ S;·J.GETPATER,DIKE? I THGUGFT CITY '" STATEIJORKED TOGETHER::
THE STATE HAS TO CONSTAiTILY REPAIR TI~:3 FEHCZZWffiS I~T'PAn-T TO Ch'ULA VISTA
ÇOWlCIL MEl'IBERS. POLITICS:: UNBELIZvrcADLE:::
RESOLUTION NO. ) ~ ;JJ:2...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CONSTRUCTION OF A
PIPE GATE AND ADDITIONAL POSTS TO PREVENT
VEHICULAR ACCESS ON CITY PROPERTY IN THE D
STREET/FIRST AVENUE AREA
WHEREAS, at the April 16, 1996 Council meeting, the City
Council revoked an encroachment permit issued to Ms. Bettie Warren
for a fence and gate across a City owned parcel of land north of
the intersection of D Street and First Avenue; and
WHEREAS, the conditions of the revocation, however,
allowed the gate to remain in place until staff was able to return
with a report on alternatives to prevent vehicular access so long
as pedestrian access was not interfered with; and
WHEREAS, the two alternatives, the existing chain link
gate and the installation of a pipe gate, were considerable viable;
and
WHEREAS, while the last alternative of placing a pipe
gate is more costly than leaving the existing fence in place, it is
less visually displeasing than the chain link gate and is sturdier
and less prone to damage by vehicles running into them and would
have only one lock for city crews and police and fire personnel to
unlock to gain access to the area; and
WHEREAS, the cost of purchasing and installing the pipe
gate is estimated at approximately $400, however, including the
additional posts that would be required to prevent motorcycles from
going around and removing the existing gate and fence posts, the
total cost is estimated to be approximately $1,000, therefore,
staff recommends the pipe gate alternative to prevent unauthorized
vehicular access to the City parcel.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize the construction of a
pipe gate and additional posts to prevent vehicular access on city
property in the D Street/First Avenue area.
Presented by Approved as to form by
John P. Lippitt, Director of ~A~ ~
Public Works
/5/1 ./ /
--------....---..------ ~
RESOLUTION NO. /ð'.J3;>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING AN ENCROACHMENT PERMIT TO
BETTIE WARREN FOR A FENCE WITHIN CITY PROPERTY
AND AUTHORIZING THE SALE OF CITY OWNED LAND IN
THE D STREET/FIRST AVENUE AREA SUBJECT TO
CERTAIN EASEMENTS
WHEREAS, at the April 16, 1996 Council meeting, the City
Council revoked an encroachment permit issued to Ms. Bettie Warren
for a fence and gate across a City owned parcel of land north of
the intersection of D Street and First Avenue; and
WHEREAS, the conditions of the revocation, however,
allowed the gate to remain in place until staff was able to return
with a report on alternatives to prevent vehicular access so long
as pedestrian access was not interfered with; and
WHEREAS, the residents indicated that Ms. Warren had
erected a fence that enclosed a portion of the City owned parcel
without a permit and Mrs. Warren has applied for an encroachment
permit to allow that fence to remain; and
WHEREAS, because staff does not see a need for public
ownership of this strip of land, other than the described public
service easement for sewer and recreational trails, staff
recommends that the property be offered for sale to the owners of
the property abutting the parcel to the east subject to the
conditions described above and, in order to encourage the sale, at
a price which would compensate the City based on the lands value to
the City; and
WHEREAS, coupled with this recommendation, staff also
recommends that the encroachment permit be denied in that Mrs.
Warren erected the fence in violation of the city ownership.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby deny an encroachment permit to
Bettie Warren for a fence within City property based on the facts
set forth above which the City Council hereby finds and determines
to be true and accurate.
BE IT FURTHER RESOLVED that the city Council does hereby
authorize the sale of certain City land as more particularly
described on Exhibit A attached hereto, to the adjacent property
owners to the east, in pieces which correspond with the frontage of
each such property owner, subject to certain reserved easements for
utilities, ingress/egress, and recreational trail purposes, at a
price reflecting the fair market value of the land as a separate
parcel.
BE IT FURTHER RESOLVED, that such sale is based on the
City Council's finding and determination that such land is no
longer necessary for a public use except to the extent of easements
retained therein.
J3ß,/
BE IT FURTHER RESOLVED that City staff is hereby
authorized to prepare all documents, subject to final approval as
to form by the city Attorney, and take all steps necessary to
implement this Resolution.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\warren
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FILE NO. J'y'·022.
OWN BY: £ X 1-1 / ß / T 'A II
DATE: '5! I 1%
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JJ {J-;J
COUNCIL AGENDA STATEMENT
Item / /f'
Meeting Date 6/11196
ITEM TITLE: Resolution I r:J.:! ~pproving an increase in the City of Chula Vista's
Regional Service Fund Assessment administered by the Metropolitan Transit
Development Board (MTDB)
SUBMITTED BY: ::~::;:~ W~6k~
REVIEWED BY: (4/5ths Vote: YesXNo--,}
In the attached letter to Mayor Horton, MTDB Chainnan Leon Williams requests the City of Chula
Vista approve a change in the Regional Services Fund fonnula (Exhibit A). Since 1984 the City of
Chula Vista, as well as other jurisdictions in the MTDB area, have been contributing a designated
percent of their annual Transportation Development Act (TDA) apportionment to the Regional
Service Fund, which supports regional transit services. The City of Chula Vista's percent was
established at 6.1 % in 1984 which was the amount the City paid for regional service at that time,
provided by San Diego Transit Routes 29 and 32. The San Diego Trolley was not included as a
Regional Service Fund route in 1984. The annual City of Chula Vista contribution to the regional
fund has ranged from between approximately $165,000 to $175,000, depending on the City's TDA
apportionment amount. The MTDB is requesting each jurisdiction to approve a change in the
regional assessment fonnula to reflect regional service changes that have taken place since 1984, and
to increase revenue in the Regional Service Fund to partially offset a projected $5.6 million shortfall
in FY 1996-97. Regional service changes since 1984 include: operating and capital cost increases
over the 12 year period; and addition of the San Diego Trolley as a regional route. The City ofChula
Vista's proposed change would increase the percent ITom the current 6.1 % to 11.1 % beginning next
fiscal year.
.
The attached letter from MTDB General Manager, Thomas Larwin, and the accompanying MTDB
agenda statement, discuss the background of the Regional Service Fund and reasons for the
proposed change (Exhibit B). The City ofChula Vista's Regional Service Fund assessment for FY
1996-97 based on the current 6.1 % assessment would be $175,844; this assessment would increase
to $319,978 based on the proposed percent increase to 11.1 % ($2,882,687 apportionment X 11.1 %
assessment). The proposed Regional Service Fund fonnula charge for all eleven jurisdictions would
result in $1,580,384 additional revenue in FY 1996-97.
The City's MTDB representative, Councilman Rindone, supports the assessment increase. MTDB
staff is present at tonight's meeting to answer any questions Council may have.
RECOMMENDATION: That Council approve resolution authorizing a change in the City of
Chula Vista's Regional Service Fund assessment ITOm 6.1% to 11.1% of its annual TDA
apportionment.
/~-J
."".....-......---.-------
Page 2, Item
Meeting Date 6/11/96
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: As discussed on pages 3 and 4 of the attached MTDB agenda item (Exhibit B),
the existing Regional Service Fund assessments were based on the percent each jurisdiction was
paying for regional transit services in 1984, or 5% of its annual apportionment, whichever was
greater. At that time, the City of Chula Vista was contracting with San Diego Transit for Routes 32
(now the 932) and Route 29. The cost of that regional service was 6.1% of the City ofChula Vista's
annual apportionment; therefore, the assessment for the City was established as 6.1 % and has not
changed since that time. The annual dollar amount that the City has contributed to the Regional
Service Fund has ranged trom between approximately $165,000 to $175,000 depending on the City's
annual TDA apportionment. The original assessment amounts established for each jurisdiction in
1984 did not include the San Diego Trolley (which was added as a regional route in 1986), nor has
the formula been updated to include any other changes to the regional services, including ridership
changes, or cost for these services.
Amendments to the Transportation Development Act (IDA) passed in 1984 by the State legislature
included the establishment of a Regional Transit Service Advisory Committee (RTSAC). This
committee is composed of staff representatives trom each MTDB member jurisdiction. The
legislation also stipulates that any change to a jurisdiction's regional assessment must be approved
by that jurisdiction. During the past two years, the RTSAC has been meeting on a regular basis in
an attempt to reach a consensus regarding changes to the assessment formula. Numerous options
have been considered, some of which are attached to the MTDB agenda item on pages D-l and D-2.
The difficulty with each of these options is that some jurisdictions are affected significantly by any
formula change; therefore, the change acceptable to most members of the RTSAC was to increase
all the jurisdiction's contribution by approximately 5%. Under this approach, the City of Chula
Vista's percent contribution would increase trom 6.1% to 11.1% resulting in a dollar amount
increase next fiscal year trom $175,844 to $319,978 as shown on page A-I of the MTDB agenda
item.
It is Transit staff's opinion that the increase in the City ofChula Vista's contribution trom 6.1% to
11.1 % is reasonable. Currently the three regional services in Chula Vista are the San Diego Trolley,
MTDB contract Route 932 and the San Diego Transit Route 29. There are numerous approaches
that can be used to calculate what the City's "fair share" to support these services might be. Some
of these approaches include: cost to the City if CVT provided the services, or subsidy per passenger
based on boardings in Chula Vista. The addition of the San Diego Trolley ridership to the regional
formula consideration increases substantially any cost contribution because of the large ridership.
For example, in 1995 there were almost 2 million boardings on the San Diego Trolley in Chula Vista
trom the three stations at E, H and Palomar Streets.
The proposed formula changes for the eleven jurisdictions would generate an additional $1,580,384
($12,351,914 - $10,771,530) next fiscal year, which would partially offset a potential $5.6 million
shortfall. Nine of the eleven jurisdictions are requested to increase their contribution. Coronado's
contribution would decrease trom 100% to 90%, and Poway's contribution would remain at 5%, as
/,/-.2
--- --~-"..
Page 3, Item
Meeting Date 6/11/96
explained on page 9 of Exhibit B. Coronado falls under "Rule" 4 and Poway under "Rule 2." Rule
4 says that any jurisdiction contributing more than its use of the regional system will contribute less,
but not to exceed a 10% reduction from the current percent contribution. Rule 2 states that the
minimum contribution is 5%. The percent of regional transit trips for each jurisdiction is presented
on Page I of Exhibit B (the first page ofMTDB Agenda Item No. 34).
As mentioned previously, formula change alternatives that the RTSAC considered are discussed on
pages 6,7, & 8 of the attached agenda item, and the cost impacts of these alternatives are presented
on pages D-I and D-2. Some of these alternatives, for example, Alternative 2, look at boarding by
City of origin and assess the City of Chula Vista approximately $1.4 million annually. This
approach is based on passenger survey information and charges the City for any Chula Vista resident
boarding a regional route anywhere in the County. As indicated on the first page of the agenda item,
over 60% of all transit trips by Chula Vista residents are made on the regional transit system routes
based on 1990 data. However, one important reason that so many Chula Vista residents use the
regional system, (the San Diego Trolley, Route 29, etc.) is because CVT acts as a "feeder" system
to some of these services. For example, on a daily basis, approximately 53% ofCVT riders transfer
to the San Diego Trolley and a lesser percent transfer from CVT to the Routes 29 and 932.
Therefore, there is an important symbiotic relationship between CVT and the regional services. If
Chula Vista contributed $1.4 million annually to the Regional Service Fund, CVT service would
have to be cut substantially, therefore resulting in ridership loss on the regional services.
Transit staff is working on an alternative for consideration by the RTSAC during future meetings
that would give "credit" to transfer passengers ITom systems like CVT to regional services. In other
words, instead of being assessed for each passenger that boards a regional route, one approach for
consideration might be to assess Chula Vista for those passengers who do not transfer ITom CVT to
the regional services. This alternative is only one approach that might be considered; however, it
is staff s opinion that any future changes to the Regional Service Fund assessment should take into
consideration passengers who transfer from the local bus systems to the regional services.
FISCAL IMPACT: The FY 1996-97 City of Chula Vista TDA Article 4.0 apportionment is
$2,706,844; prior year unallocated funds are $4,808,982, resulting in $7,515,826 available for
operating and capital expenditures. Potential TDA Article 4.0 expenditures for next fiscal year
include: $6,295,000 for CVT operations and capital expenditures; $450,000 for the Southwestern
College Bus Stop Improvement Project; and an increase in the Regional Service Fund assessment
ITom $175,944 to $319,978. The proposed $6,295,000 for expenditures include: $2,049,700 for bus
operations; $2,245,300 for nine replacement buses for the CVT fleet; arid $2,000,000 as partial
funding for three hydrogen fuel cell buses for the demonstration program in Chula Vista. Assuming
that all these anticipated projects and expenditures are implemented would leave a TDA Article 4.0
fund balance in FY 1996-97 of approximately $627,000.
Exhibit A - Letter from Leon Williams
Exhibit B - MTDB Agenda Item #34 dated 3/14/96
M:\HOME\ENGINEER\AGENDA\MTDBASSM.WMG
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RESOLUTION NO. /6:13 {
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INCREASE IN THE CITY
OF CHULA VISTA'S REGIONAL SERVICE FUND
ASSESSMENT ADMINISTERED BY THE METROPOLITAN
TRANSIT DEVELOPMENT BOARD (MTDB)
WHEREAS, since 1984 the City of Chula Vista, as well as
other jurisdictions in the MTDB area, have been contributing a
designated percent of their annual Transportation Development Act
(TDA) apportionment to the Regional Service Fund, which supports
regional transit services; and
WHEREAS, the city of Chula vista's percent was
established at 6.1% in 1984 and the annual contribution to the
regional fund has ranged from between approximately $165,000 to
$175,000, depending on the apportionment amount; and
WHEREAS, the MTDB is requesting each jurisdiction to
approve a change in the regional assessment formula to reflect
regional service changes that have taken place since 1984; and
WHEREAS, the City of Chula vista's proposed change would
increase the percent from the current 6.1% to 11.1% beginning next
fiscal year; and
WHEREAS, the letter from MTDB General Manager, Thomas
Larwin, and the accompanying MTDB agenda statement, discuss the
background of the Regional Service Fund and reasons for the
proposed change; and
WHEREAS, the City of Chula vista's Regional Service Fund
assessment for FY 1996-97 based on the current 6.1% assessment
would be $175,844; this assessment would increase to $319,978 based
on the proposed percent increase to 11.1% ($2,882,687 apportionment
X 11.1% assessment).
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve an increase in the City of
Chula vista's Regional Service Fund Assessment administered by the
Metropolitan Transit Development Board (MTDB) from 6.1% to 11.1%.
Presented by Approved as to form by
John P. Lippitt, Director of Ci~or~ ~
Public Works
C:\rs\.tdb,inc
1'I'5¡t
fJlTDB -
Li.iIH
Miltropohtan TransIt Development Board -
1255 Im¡::,enai AvenUE:, S:;ite 1QOC ¡ç X Ifd3.,-¡ If
San DieGo. CA 92101-7490
1619! 231·1466
FAX ~'9'2r'34~7
ay ,1 96 Iõ) . ) -
I~~~: i: ,:~ i~ ~i¡
The Honorable Shirley Horton uJ - 61996 ¡1J
Mayor, City of Chula Vista
276 Fourth Avenue cn::~;f:L (I' rr: r)
Chu1a Vista, CA 91910-2699 C-, _ : ,r: ". /:..
Dear Shirley:
Subj ect: REGIONAL SERVICES FORMULA FOR TRANSPORTATION DEVELOPMENT ACT (TDA)
As you know, the primary source of subsidy funds for our transit system comes
throu9h the Transit Development Act of 1972. This Act allocated funds to the
cities, county, and MTDB within the San Diego metro pol itan area. The last
time the formula was aligned relative to "regional" services and "local"
services was 1984. Since that time, there have been great changes in
passenger riding patterns. As regional service has improved, more and more
people are taking longer trips, i.e., intercommunity trips, and making
increasing numbers of transfers between our local and regional routes.
The best information we have currently shows that 60.8 percent of your city's
residents use the regional network of transit services, defined primarily to
be those that cross community boundaries. However, only 6.1 percent of your
city's TDA allocation is provided to the Regional Services fund because of a
formula in place since 1984. Clearly, the formula should be changed to
reflect actual passenger needs.
The interim change before you now would make modest changes to the formula,
yet would be a step in the right direction toward establishing a fair formula
that would reflect actual regional system usage by your city's residents.
Further, the change would allow SANDAG to compile 1995-96 on-board ridership
statistics to update the figures related to actual use of the regional and
local systems by your community's residents.
A healthy transit system requires both the local and regional components to
work together in a coordinated manner, joined through a unified fare, pass,
and transfer system. The MTD Board is committed to making all elements work
to satisfy your city's constituents as well as those throughout the
metropolitan area.
Sincerely,
"'----_/ .
/ Leon 'fttrfu.~: .
,
Chairman
TFL:dag
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·
MTDB Lffm
Metropolitan Transit Development Board ~
1255 Imperia1 Avenue, Suite 1000 ,
San Diego. CA92101-7490 M62728"~ . r", / .~ U,J- J .
(619) 231-1466 /..' ,.".. -.1ò rttJ. ./.-- .-,
FAX (619) 234·3407 /..1' ~ ,/
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March IS, 1996 '.~ ¡ ~.~ ~ ADM 121 (PC 100)
" ~ ~
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«-9/ \0" t:: X If,,.,./ r
Mr. John D. Goss SltoL£LZ\'\
City Manager
City of Chu1a Vista
276 Fourth Avenue
Chu1a Vista, CA 91910-2699
Dear John:
Subject: TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM PROCEDURES AND REGIONAL
SERVICES FUNDING FORMULA
At their March 14, 1996 meeting, the MTD Soard of Directors approved a
recommendation that each city and the county approve a new formula for
determining the split of regional and local monies available for transit
purposes in the MTDB area. This new formula, and the basis for change, is
explained in the attached report.
Through participation in the Regional Transit Services Advisory Committee
(RTSAC), your staff has been involved in development of the recommendation.
We all recognize that funding, and funding formulas, are complicated issues to
deal with on a regional basis. However, the majority of the Committee and
MTDB agree that the interim approach to change is a good start to correcting
inequities that exist.
I would appreciate your review and Council's support of the change.
Reg~rdless, please feel free to give me a call if you have any questions.
Sincerely,
~
Thomas F. Larwin
General Manager
TFL:dag/bw
L-TDARSFF.TFL
Attachment: Agenda Item No. 34, March 14, 1996
Member.Agencies: /'1- r
City of Chula Vista, City of Coronado. City 01 EI Calon, City of Imperial Beach, City of La Mesa, City of Lemon Grove. City of National City. City 01 Poway, City of San Diego, City of
Santee. County 01 San Diego, Slate of California
Metropolitan Transit Development Board is Coordinalorof the Metropolitan Transit System and is Regulatory Authority for ..: Paratransit Administration
Subsidiary Co.r'porations: 'Q' San ~iego Tra~.s.~~~~~()r~~~m, .==::_~an ~jeg~!~I!!Y::_!...n:.:__~n_~___ . ,San. Diego ~.~~izo~a Easter~ Ra!!way Compan1...__._......-_... .. ._...._.
_.H_.._..___._,...._ .....____......._ _... _ _ ..._..... ..... ...____ ....... . ...
, MTDB 4iÞ/
Metropolitan Transit Development Board
.
1255 Imperial Avenue, Sune 1000 Item No. 34
San Diego. CA 92101-7490 Agenda
(619) 231-1466
FAX (619) 234·3407
Board of Directors Meeting
March 14, 1996 ADM 121 (PC 100)
Subject:
TRANSPORTATION DEVELOPMENT ACT (TDA): REVIEW OF REGIONAL SERVICE
FUND
INTRODUCTION:
At its March 7, 1996 meeting, the MTDB Executive Committee
reviewed this item and concurred with the recommended interim
change for FY 97. and directed that the item be brought forward to
both the joint Finance Committee and MTD Board of Directors.
The effectiveness of our Metropolitan Transit System (MTS) is
dependent upon how well it connects all parts of our region, and
how well it serves all types of trips, short and long. The Board
has worked over the years to make sure services are as direct as
possible, and interconnected to make most transfers as efficient
as possible. Regional transit services form the backbone routes
of MTS and tie together the local and urban routes, and the
regional transit centers.
The importance of this regional service network is demonstrated by
the fact that 49 percent of all MTS transit trips use it for all
or part of the transit ride. By jurisdiction, the percentage of
total transit trips made by residents on the regional system
varies widely (1990 data):
Chula Vi sta 60.8%
Coronado 70.0
El Caj on 36.5
Imperial Beach 69.1
La Mesa 63.7
Lemon Grove 49.3
National City 76.2
Poway 3.4
San Diego 50.5
Santee 13.0
County 12.6
The "Regional Service Fund" derives from a section of the
California Transportation Development Act (TDA) that applies only
for MTDB, and was enacted in 1985 (SB 1736, Statutes of 1984). In
Moml>or Age_I / '1- ~
City of Chu" Villa. Cltyol Coronado, Cltyof £1 c.jon, City of Imperial Beach. City of LA Me.., ity Of Lemon Grove. City 01 National City, Cltyof PowIY, City of San Diego. City of
Sant". Countyof San Diego, Slale of California
Metropotltlin r,..nait Devetopment Board il Coordinator of the Metropolitan Transit System and ¡a Regulatory Authority for (@Jp.r.tranaltAdministr.uon
Subaidtary Corporations: r;J San Diego Transit Corporation. !IJ san Diego TroI..V, Inc. and (jJ San DiegO & ArIzona Eatern Railway Company
order to provide operating revenue for the regional transit
services, a formula was agreed upon in that legislation which
determines how much each city and the county must contribute for
such services.
There have been no changes to the formula since its original
development. An updated formula is needed for several reasons:
0 the existing formula is based upon regional transit services
that existed in 1983-84; and
0 there have been significant changes and additions to the
network of regional transit services that have occurred over
this 12-year period.
Since August 1994, we have been meeting with the Regional Transit
Services Advisory Committee (RTSAC), which includes staff
representatives of each city and the county, to deal with the
various issues related to the TDA regional transit services
formula. Due to potentially significant financial impacts to one
or more local entities, consensus has not been reached on a
permanent change in the formula. However, the Committee did agree
(albeit, not unanimously) to recommend an interim change for FY 97
that would move toward a rational resolution in the longer term.
The MTDB Finance Committee and MTDB Executive Committee last
reviewed this item at their May 11, 1995 and May 18, 1995
meetings, respectively. The actions at that time were to direct
staff to meet with the member jurisdictions to seek input on the
recommended changes. Since any subsequent action would be too
late to affect the FY 96 TDA claim process, management decided to
delay that effort until the start of the FY 97 process.
RECOMMENDATION:
That the MTD Board of Directors review the proposed changes to the
Regional Service Fund formula of the Transportation Development
Act (TDA), as indicated on Attachment A, and recommend to each
member jurisdiction that thetnterim changes to the Regional
Service Fund formula be adopted for use in the FY 97 TDA claim
cycle.
Budaet IrnDact
Eventual action by MTD Board and member jurisdictions on proposed
changes would generate approximately $1,580,384 in additional
regional TDA monies for FY 97 (however, this would also result in
$1,125,332 less in city of San Diego local TDA being available
with a resulting net increase for MTDB's operating budget of
$455,052).
-2- )'1- /~
-_.._--.--- -..------"-----.------.-....-
DISCUSSION:
BACKGROUND
The California State Legislature enacted the Transportation
Development Act (TDA) during the 1971 legislative session. The
TDA was signed by the Governor on November 4, 1971, and became
effective July I, 1972.
The TDA was enacted to assist local jurisdictions at the county
level in improving existing public transportation and encouraging
regional public transportation coordination. To this end, the TDA
created a Local Transportation Fund (LTF) in each county into
which is deposited 1/4 percent out of the total state sales tax
collected in the county. This was ~ade possible by extending the
statewide sales tax to motor vehicle fuel, which broadened the
overall tax base and allowed a 1/4 percent reduction in state
taxes without a corresponding loss in state revenue.
Roles of SANDAG and KTDB
As the Transportation Planning Agency (TPA) for the San Diego
region, the San Diego Association of Governments (SANDAG) is
responsible for the annual allocation of monies from the Local
Transportation Fund. The County Auditor serves as fund trustee.
KTDB directs the allocation of funds for its area of jurisdiction.
Reoional Transit Service Advisorv Committee
The RTSAC (Regional Transit Service Advisory Committee) was formed
in accordance with amendments to the TDA passed in 1984. The
Committee is comprised of staff representatives from each member
jurisdiction of KTDB. From 1984 to 1994, RTSAC was meeting once
or twice a year; however, it has been meeting almost monthly since
August 1994 to deal with various issues related to what is
referred to as the regional transit services portion of the TDA.
REGIONAL SERVICE FUND
The tentative FY 97 apportionment schedule (Attachment B) includes
an assessment for regional transit services from jurisdictions
within the MTDB area, as provided for in the 1984 legislation
(SB 1736). Each jurisdiction within the MTDB area is assessed the
percentage of its FY 84 annual apportionment claimed for support
of regional services, or 5 percent of its annual apportionment,
whichever is greater. The regional service assessment for each
jurisdiction within the MTDB area, based on the provisions of
S8 1736, is:
-3- 1'1"//
.__..~_...__..,._~--_._-~----------
Regional Service
Assessment As a
Jurisdiction Percentage of the
Annual ADDortionment
City of Chula Vista 6.1
City of Coronado 100.0
City of El Cajon 16.9
City of Imperial Beach 65.5
City of La Mesa 36.5
City of Lemon Grove 5.0
City of National City 5.0
City of Poway 5.0
City of San Diego 38.5
City of Santee 5.0
County of San Diego 5.0
The original set of regional routes included for funding through
the Regional Service Fund consisted of those routes which met all
or most of the criteria established in the definition of regional
service as developed by the MTDB Service Concept Element (now
called the Short Range Transit Plan).
Several changes have been made to the list of services funded
through the Regional Service Fund. For example, in 1986 the RTSAC
approved the addition of San Diego Trolley to the mix.
The legislation provided that the formula would remain in effect
for a minimum of three years and, thereafter, might be amended by
agreement of affected jurisdictions and the MTD Board. RTSAC is
required to review the assessment formula annually and recommend
appropriate changes to the MTD Board and jurisdictions.
Since that time, questions have arisen as to whether regional
funds could be used for other than direct operation of transit
services, to cover such items as regional telephone information,
transit center maintenance, signing, and other support services
for regional operations. The Board sought legislation, which was
effective January I, 1992, to add to the definition of uses of the
Regional Service Fund for such support services as transit center
maintenance and security, telephone information, and signing.
UDdated Definition of Reoional Services
After considerable discussion and consideration of a variety of
criteria, in 1995 RTSAC agreed that regional routes should be
defined as those routes which:
0 cross jurisdictional boundaries;
0 provide the trunk line for local/feeder services;
0 serve high volume, intercommunity travel corridors;
0 provide major connections to the regional route network;
-4- It/- /:2.
~ ---~._.__.._.._------_.-
0 serve trips with a long average trip length; and
0 carry significant levels of ridership.
The first three criteria are to be treated as pass/fail criteria.
For a route to be considered regional, the route must pass each of
the three pass/fail criteria and meet two out of the three
remaining criteria. Using these six criteria, each route in the
MTDB area was reviewed to determine whether it qualified as a
regional service.
Thus, beginning in FY 96, the list of regional services includes
routes:
7
15
20
29
81
115
510 (South LRT Line)
520 (East LRT Line)
901
932
The RTSAC recommended that the routes be reviewed against these
criteria on an annual basis, in the fall of each year, based on
actual data from the prior fiscal year. This process has been
concluded for FY 97, and there is no change to the list.
Proiected Costs and Revenues for Reaional Services
MTDB staff has prepared a three-year estimate of the cost and
revenues associated with regional services, as summarized in
Attachment C. The subsidy requirements for regional services are
estimated to increase from about $18.7 million in FY 97 to
$22.9 million in FY 99. This includes the costs for regional
routes and the addition of the Old Town and Mission Valley West
light rail transit (LRT) extensions.
On the revenue side, several assumptions were made regarding the
availability of STA (State Transit Assistance), federal Congestion
Mitigation and Air Quality (CMAQ), and federal Section 9 funds, as
shown in the notes to Attachment C. The estimated net shortfall
for regional services ranges from $5.6 million in FY 97 to
$8.4 million in FY 99.
In addition to the above projections, the ADA assessment of
$369,124 being proposed would also add to the regional service
cost burden.
-S- It/- /;J
-----_.._._.._._-,._-----_._~_...,---
Inclusion of Other Recional Services
RTSAC also discussed whether the costs of providing other regional
services or functions, such as facilities, fare media,
information, maintenance, marketing, security, and signing, should
be borne by the regional fund.
The consensus of the Committee was that as long as the fully
allocated costs of those routes being funded out of the regional
fund reflected the costs of such functions as bus stop
maintenance, sign maintenance, information panels, and marketing,
then the regional fund was already paying a prorated "fair share"
of those regional functions and should not be assessed the full
cost of these functions. There was agreement that the current
contracting mechanism for the regional telephone information
system should continue to be used. It was also agreed that the
operators should consider revising the pass sales revenue
allocation methodology to pay for the costs of The Transit Store
off the top of that revenue.
The issue of transit center maintenance and security, particularly
at Trolley stations served by local bus routes, continues to be a
major topic of discussion by the RTSAC. These costs are already
in the SDTI budget and, therefore, are already indirectly included
in the regional service definition. However, to the extent SDTI
covers the expenses outside of its scope of responsibility, an
unfair financial burden is placed on the regional fund. W~h
deal with this issue continue to be worked on by the RTSAC.
Related to this topic, the RTSAC also recommended that there be
greater coordination of the marketing programs of MTDB, SANDAG,
the Air Pollution Control District (APCD), the transit operators,
and transportation demand management activities to potentially
reduce costs and increase effectiveness. This coordination has
taken place, as is evidenced by the joint marketing efforts
through SMART (San Diego Alliance for Ridesharing and
Transportation).
REVISED REGIONAL SERVICE FUND ALTERNATIVES
Approximately 12 alternatives have been reviewed by the RTSAC
since the fall of 1994. Of those, the following four alternatives
capture the range of ideas offered; the resulting financial
impacts of each are shown in Attachment D.
Alternative 1: Status Ouo
This is the baseline scenario, which will be the formula until
changed by mutual agreement of MTDB and each local area
jurisdiction, or a change in current law. As discussed earlier,
the status quo assessment levels would be based on the percentage
of each jurisdiction's annual TDA apportionment being spent for
regional services in FY 84, or a minimum of 5 percent. The
-6- 1~'l1
resulting assessments are shown in Attachment D, and would produce
S10.8 million, or about S5.6 million short of balancing costs.
Alternative 2: Boardinas bv Citv of Ori9in
This option would assess the costs of the regional system to each
jurisdiction based on the number of riders from each jurisdiction
using the system. This concept would involve the use of onboard
survey information to identify regional service riders by their
jurisdiction of their trip origin or residential location. The
onboard survey data are from 1990 and are currently being updated
at this time. However, the new information will not be ready for
the FY 97 claim cycle.
The proportion of regional service trips by jurisdiction is as
follows (based upon 1990 data):
Percentage
of Regional
Trios bv Oriain
Chula Vista 10.06
Coronado 1.88
El Cajon 3.83
Imperial Beach 2.21
La Mesa 4.08
Lemon Grove 1.41
National City 4.96
Poway 0.18
San Diego 67.99
Santee 0.81
County 2.59
Total - 100.00
Alternative 2 in Attachment D shows the resulting assessments by
jurisdiction with this method. This alternative also highlights
the complexities of making a change to the formula since several
cities would be faced with significant jumps in their regional
service assessment.
Alternative 3: Pooulation Distribution
Under this option, the total cost of the regional system would be
assessed to each MTDB area jurisdiction on a population basis
using the most recent Department of Finance population estimates.
This alternative does not take into account the amount of regional
service being provided and, yet, has the same complexities as
Alternative 2.
-7- J'I-/Þ
_.,_._~--~-_.-
Alternative 4: Increase the Minimum Assessments bv 5 Percent
The current 5 percent minimum assessment was the result of a
series of compromises in reaching the initial agreement on the
regional fund. The impacts of increasing the minimum assessment
to 10 percent, as well as adding 5 percent to the assessment
levels for the other jurisdictions, are shown on Attachment D.
Such an increase would cover the FY 97 shortfall. Its primary
advantage is simplicity.
Other Alternatives
Total Poolina: This option would represent the other end of the
spectrum with all funds apportioned to the MTDB area being pooled,
as in the case with the North County Transit District (NCTD) area
and most of the other major urban areas of the state. Such an
option would avoid the whole process of trying to distinguish
between local and regional services for funding purposes and would
allow for decisions to be made on an MTDB areawide basis regarding
which projects and services are the highest priority for funding.
With each jurisdiction being represented on the MTD Board, the
opportunity is there for everyone to participate in such a
priority setting process for the use of available funding, a
process which seems to work in the NCTD area and numerous other
areas around the state. In order to address equity concerns
regarding the distribution of funds, this approach would need to
involve some form of "grandfathering" of existing service levels
for a certain number of years and/or the establishment of
guaranteed baseline or minimum levels of service for the entire
MTDB area. A requirement to maintain or expand the current
proportion of contract services would maintain or enhance the
level of competition in the MTDB area, and would alleviate
concerns regarding increased costs in the provision of services.
The RTSAC received this option and indicated, in a majority vote,
that this was not acceptable to the Committee.
Rail Passenger Claim "Off the TOD." SANDAG has evaluated the
impacts of MTDB making a claim for rail passenger service in
accordance with PUC Section 99233.4. While this option would
satisfy the rail transit financial needs, it would create other
inequities and not solve the overall funding problem.
Recommended Formula ODtion for FY 97
Recommended for FY 97 is an interim formula that is a variation of
Alternative 4, but takes into account the impact of regional
services in each jurisdiction. This new, interim formula would
operate under these "rules":
-8- ¡J/--/¿
...... ...._--------~.-
,
1. it would exist for FY 97, and be reevaluated by the RTSAC as
part of the ongoing analysis during the year for FY 98 and
beyond;
2. the minimum jurisdictional contribution would remain at
5 percent;
3. the maximum increase for any jurisdiction would be
5 percent, with the total not to exceed its percentage of
trips using the regional system as given by the table on
page I (e.g., Imperial Beach's assessment would increase to
69.1 percent from the current 65.5 percent);
4. any jurisdiction currently contributing more (percentage-
wise) than its jurisdiction's use of the regional system
should contribute less, but not to exceed a 10 percent
reduction from the current formula (e.g., Coronado's
assessment would decrease from 100 percent to 90 percent);
and
5. that the county of San Diego's contribution be increased
2.3 percent rather than 5 percent to reflect the regional
contribution of the county to regional services through its
express bus routes and transit center implementation.
The resulting changes in the formula by jurisdiction, applying
these "rules," are shown as the Recommended Alternative in
Attachment A. The result would be an increase of $1,580,384 to
the regional fund for FY 97, to $12,351,914 from the status quo
figure of $10,771,530.
~é).~
Thomas F. larwin
General Manager
TFL:dag/ss
AI-MARI4.'34
3/8/96
Attachments: A. TDA Regional Transit Service Fund:
Recommended Changes
B. FY 97 TDA apportionment schedule for the Board Only
San Diego region
C. Regional service cost and revenue forecast
D. Regional fund formula alternatives
-9- /'1- / l
~__..u_ __ - - ______ _____ _.___"_________..__._n_.__
Att. A. AI 34. 3/14/96. ADM 121
I
INTERIM TDA REGIONAL SERVICE FUND FORMULA CHANGE
FY97 Status Quo Recommended Interim Change
Jurisdiction APPORTIONMENT A.8881ment % of Apport. Assessment ,",otApport.
Chula Vista 2,882,687 175,844 6.100/0 319,978 11.10%
Coronado 550,266 550,266 100.00% 495,239 90.00%
El Cajon 1,754,399 296,493 16.90% 384,213 21.90%
Imperial Beach 532,639 348,879 65.50% 368,054 69.10%
La Mesa 1,079,899 394,163 36.50% 448,158 41.50%
Lemon Grove 473,088 23,654 5.000/0 47,309 10.00%
National City 1,032,487 51,624 5.00% 103,249 10.00%
Poway 866,873 43,344 5.00% 43,344 5.00%
San Diego 22,506,629 8,665,052 38.50% 9,790,384 43.50%
Santee 1,020,686 51,034 5.00% 102,069 10.00%
County 3,423,539 171,177 5.00% 249,918 7.30%
36,123,192 10,771,530 12,351,914
Recommended formula based on:
1. Any jurisdiction which, on a boardings basis, would be contributing more than 10 percent of
its TDA apportionment for regional services would contribute 5 percent on top of their current
percentage. but not to exceed their maximum boardings-based contribution.
2. Any jurisdiction currently contributing more than their maximum boardings-based share
should contribute less, but not to exceed a 10 percent reduction from the current formula.
.
I'/--/Ý
A-I
- ------_._--------~...~._---,..
Att. B. AI 34. 3/14/96. ADM 121
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Att. C, AI 34, 3/14/96, ADM 121
REGIONAL SERVICE COST AND REVENUE FORECAST
($000)
FY97 FY98 FY99
Estimated Regional Service Subsidy (1 ) $18,667 $20,308 $22,930
Revenue Sources
MTDB Discretionary STA (2) 1,903 1,864 2,120
SDTI Formula STA (3) 384 377 418
Status Quo Regional Fund 10,772 11,349 11,990
Shortfall $5,608 $6,718 $8,402
(1) Includes fares, STA, Section 9, CMAQ and San Diego M.O.E. credits.
(2) Assumes $500,000 per year reserved for matching capital grants in FY 97 and beyond.
(3) Assumes remaining STA revenue formula funds for SDTI are available.
(4) Assumes no fare increase.
REGFOR.RLW
2/20/96
/ (-,.).(J C-1
_'"__~"__..__._....._ . __..m.__'_'"
Summary of Regional Fund Formula Altematlves Att. D, AI 34, 3/14/9~
ADM 121
FY97
Estimated Subsidy Need S 18.875,415
Other Income
MmB STA Discretionary (I) 1,903.000
SD11- STA Operating 373.000
Rcmaibing STA (2) 203,000
CMAQ Operating Assistanc:e (3) 2,150,000
Total Other Income 4.629.000
Remailline Subsidy Needed $ 14.246.415
(I) Less $500.000 for capital ¡ranIS
(2) Suburban Operalor Ponion
1(3) CMAO aoolicalìon
Alremadve I
SlatuS Quo
FY97 %of %of
FY97 Reeional Regional Jurisdiction
Apponionment Assessment Assessment Apponionment
Chula Visla $ 2.882.681 $ 175.844 1.61 % 6.10%
Coronado 550,266 550,266 4.21% 100.00'"
El Cajon 1,154,399 296,493 2.78'" 16.90%
Imperial BelCh 532.639 348,879 3.28% 65.50%
La Mesa 1.079,899 394.163 3.67% 36.50%
Lemon Grove 473.088 23,654 0.22% 5.00%
National City 1,032.481 51.624 0.51% 5.00%
Poway 866,873 43.344 0.42% 5.00%
San Diego 22,506.629 8.665,052 81.22% 38.50%
Santee 1,020,686 51.034 0.49% 5.00%
Cou",v 3.423,539 171111 1.60% 5.00%
Totals S 36 123.192 $ 10.771 530 100.00% 29.59%
Alrcmative 2
Bcardina By City of Origin
Total "of %of
Assessment JuriJcIi<:tion Regional
Apponionment Assessment
Chula VUII S 1.432,781 49.10% 10.06%
Coronado 267,573 48.63% 1.88%
El Cajon 545.848 31.11% 3.83%
Imperial Buch 314,327 59.01% 2.21%
La Mesa 581.900 53.88% 4.08%
Lemon Grove 201,384 42.$1" 1.41%
National City 706.11 0 68.39% 4,96%
Poway 25.912 2.99CJL 0.18%
San Diego 9.686,131 43.04% 67.99%
Sancee 116.042 11.37% 0.81%
County 368,405 10.16'" 2.59%
Totals S 14.246415 39.44'" 100.00%
31'/96 M:\TAANS\TOAIRTSAC.XLS 1'/''';' /
D-l
-
Summary of Regional Fund Formula AnernativeB
Alternative 3
Population Dislribution
Tow % of % of
Assessment Jurilcliction Regional
Apportionment Assessment
Chula Vista S 1,120,225 38.86% 7.86%
Coronado 197,367 35.87% 1.39%
E1 Cajon 692,039 39.45% 4.86%
Imperial BeKh 210,035 39.43% 1A7%
La Mesa 424,308 39.29% 2.98%
Lemon Grove 188,163 39.77% 1.32%
Nalioul City 417,235 40.41% 2.93%
Poway 3S0,194 40.40% 2.46%
San Die¡o 8,886,939 39.49% 62.38%
SanleC 412.495 40.41% 2.90%
CounrY 1,347,41$ 39.36% 9.46%
Totals S 14 246,415 39.44% 1()0.00%
AI_in 4
Increase MiDiDIIIDI Assessment by S%
%of %0£
ToW Jurisdiction Regional
Assessmcnl AppottiOtlll1Cllt Auessment
Chula Vista S 319,978 11.10% 2.S5%
Coronado 550,266 1(10.00% 4.38%
EI Cajon 384,213 21.90% 3.06%
Imperial Beach 37S.511 70.50% 2.99%
La Mesa 448.158 41.50% 3.57%
Lemon Grove 47.308 10.~ 0.38%
National City 103,248 10.Q09I, 0.82%
Poway 86,688 10.~ 0.69%
San Diego 9,790,383 43.50% 78.01 %
Santee 102,068 10.00% 0.81%
Counlv 342,354 10.00% 2.73%
Totals S 12.550,176 34.74% 100.00%
3/1/96 M:\TRANS\TDAIRTSAC.XLS J'I-,;.~
D-2
-..-..--.-- ~- -
COUNCIL AGENDA STATEMENT
Item_ /5
Meeting Date_ 2.il1/}6
ITEM TITLE: Report denying citizen request for Three-Way Stop at Oleander A venue and
Mariposa Circle/Mariposa Street.
SUBMITTED BY: Direct<>, ,fPubU, W'¡
REVIEWED BY: City Manag~ ~ .---:'
(4/5ths Vote: Yes_No-X..)
Based on the provisions of the Safety Commission Policy, adopted by resolution of the City
Council on March 14, 1995, whenever the Safety Commission and the City Engineer differ on
the implementation of a traffic related issue, both parties have the right to appeal the matter to the
City Council for fInal resolution. This report, denying the request for a three-way stop at the
intersection of Oleander Avenue and Mariposa Circle/Mariposa Street, is the City Engineer's
appeal to over rule the recommendation of the Safety Commission to install a three-way stop.
RECOMMENDATION: That the City Council accept staff's report, thereby denying the request
and the recommendation of the Safety Commission to install a three-way stop at the four-way
intersection of Oleander Avenue and Mariposa Circle/Mariposa Street.
BOARDS/COMMISSIONS RECOMMENDATION:
The Safety Commission, at their meeting of April 11, 1996, passed a motion 4-1-1-1
(Bierd/Cochrane), Chair Liken voting no, Commissioner Acton absent, and Commissioner Smith
abstaining due to the location of his residence, to approve establishing a Trial Traffic Regulation
installing a stop sign for northbound Oleander A venue at Mariposa Circle/Mariposa Street, thus
making this four-way intersection a three-way stopped intersection. Southbound traffIc on
Oleander would not be stopped.
DISCUSSION:
In a letter dated January 15, 1996, staff received a request from Mr. Ben Caruso who lives at 664
Mariposa Circle. The request was that the City consider installation of an additional stop sign at
the intersection of Mariposa Circle and Oleander Avenue. In his request, he cited the need for
a stop sign at the southeast corner, stopping northbound Oleander Avenue traffIc because of the
speed of vehicles on Oleander A venue and the limited sight distance to the south from westbound
Mariposa Circle.
The intersection of Mariposa Circle/Mariposa Street and Oleander Avenue is a four-legged
intersection with existing stop signs on westbound Mariposa Circle and eastbound Mariposa
Street, stopping Mariposa traffic for the through traffic on Oleander Avenue. Mariposa Circle
/p/
Page 2, Item,
Meeting Date-..H ilj 96
and Mariposa Street are both 36' wide two lane residential roadways with parking on both sides.
Mariposa Circle has an Average Daily Traffic (ADT) of 330, and Mariposa Street has an ADT
of 246 vehicles per day. Oleander A venue is a 40' wide two lane Class II Collector Street with
parking on both sides. Oleander A venue currently has an ADT of 7,920.
Physical Characteristics
Mariposa Court lies westerly of Oleander Avenue, approximately 665 feet south of Telegraph
Canyon Road. From Telegraph Canyon Road, Oleander Avenue rises at a steep grade (maximum
15 %). The road grade is less (approximately 7 %) by the time it intersects with Mariposa Circle.
Approximately 200 feet (centerline to centerline) south of Mariposa Circle/Street is the T-
intersection of Ivy Court which serves six residences. Between Ivy Court and Jamu1 Court,
further to the south, the street transitions from 40' to 36' in width. Approximately 265' to the
north of the subject intersection is the intersection of Oleander A venue and Manzanita Street.
225 feet south of Ivy Court is the T -intersection of Jamul Court which is controlled by an all-way
stop. This all-way (3-way) stop was installed on 5/23/86 as a result of a City Council resolution
approved on 5/13/86. The City Council ordered these stop signs installed in an attempt to slow
vehicular traffic down on Oleander Avenue between Telegraph Canyon Road and East Naples
Street. A stop sign compliance study was completed by staff at this location to see how many
motorists are making complete stops at the limit line. The results of the study show that 37 % of
the vehicles on Oleander Avenue make a complete stop where the other 63% of the vehicles roll
through the stop sign without coming to a complete stop. Speeds have not been observed to have
changed significantly with the exception of the immediate vicinity of the all-way stop.
When considering an intersection for a multi-way stop control, staff looks at several factors to
determine if the location meets the traffic warrants which suggest that the stop controls will be
beneficial. Staff also looks for unusual conditions which might not be reflected in a standard
warrant evaluation. Pedestrians and vehicle volumes, accident history, and physical factors such
as sight distances, speed of vehicles, and curves were considered. An all-way stop Council policy
warrant evaluation was conducted for this intersection (Mariposa Circle) since this is a more
typical installation practice. This evaluation, which assessed points to the previously mentioned
traffic factors, revealed that this intersection received a total of 10 points out of a possible 54
points, where thirty points minimum are required to justify the installation of an all-way stop.
The only unusual condition noted was the restricted sight distance.
Staff investigation showed horizontal and vertical curves at the intersection and two (2) points
were given for each. The available sight distance to the south of Mariposa Circle is 175' and is
somewhat restricted by a block wall and landscaping. This available sight distance is considered
adequate for speeds between 25 and 30 M.P.H. The 85th percentile approach speeds on Oleander
Avenue are 34 M.P.H. in the northbound direction, and 31 M.P.H. in the southbound direction.
The available sight distance is therefore considered inadequate for existing conditions. Staff has
sent a letter to the property owner to have the landscaping trimmed so that available sight distance
can be increased. This should provide for an increased awareness of northbound vehicles and
15'~
Page 3, Item~
Meeting Date <,6IH/96
provide better opportunities for Mariposa Circle residents. This location does not lend itself to
the application of a multi-way stop, since the major movement of vehicles at this intersection is
north-south through traffic of 7,927 vehicles per day, versus 546 vehicles per day on the east-wesl
movements. A much more realistic approach to resolving the issue at this location would be to
work with the property owner, adjacent to the intersection, to see what can realistically be done
to improve visibility at this intersection.
A review of the accident history for this intersection from January 1, 1991 to present, shows only
one reported accident in over five years. This accident occurred on April 6, 1995 and was of the
rear-end type, which is not correctable by the installation of an all-way stop. Only two reported
accidents have occurred at this intersection over the past 16 years (111180 to present).
Safety Commission Policy
On March 13, 1995, Council approved a policy delegating authority for certain traffic controls
(Including stop signs) to the City Engineer, with the review of the Safety Commission. The
policy states:
"The Safety Commission shall not have the authority to initiate or order
implementation of a Traffic Control Measure, but shall have the power to
recommend to the City Engineer that slhe consider a proposed Traffic Control
Measure. If the City Engineer shall consider and decline to implement a Traffic
Control Measure proposed by a majority of the Commission, the Commission shall
by a vote of at least 4 Commissioners have the power to refer the matter to the
City Council... "
At the Safety Commission meeting of April 11, 1996, The Commission recommended installation
of a stop for northbound traffic. Staff did not support that recommendation, but indicated a
preference for stopping both north and southbound traffic if Oleander traffic was to be stopped
at all. Staff s concern is that motorists unfamiliar with the intersection might assume it to be an
all way stop, and proceed from the stop assuming motorists approaching from the north would
have to stop. This misperception could lead to severe accidents. The Safety Commission heard
testimony that the steep grade of Oleander northerly of the intersection would make it difficult for
stopped northbound vehicles to start again, particularly if pulling trailers. This testimony
appeared to be the primary consideration in the Commission's recommendation to not stop
northbound traffic. Staff has investigated and determined that the grade at the intersection is
approximately 7 %, which is comparable with the portion of East "J" Street where it goes uphill
west of I-80S.
Based on the low volume on the minor streets (7% of the major street volume), the warrants (10
points out of a possible 54 points), and good safety performance of this intersection, staff does
not recommend the addition of a stop sign, including a four way stop, at this intersection.
Because of the potential safety concerns of a three-way stoP at a four 1e¡¡:¡¡:ed intersection. staff
very stron¡¡:ly does not recommend that type of installation As described above, motorists expect
that if they are required to stop at an intersection, then so does the oncoming traffic in the
15- }
.--"...---..-
Page 4, Item_
Meeting Date_ 6/D/96
opposing direction. Staff feels that these expectations are reasonable given the nonnal application
of stop signs. Due to the potential for motorists and younger pedestrians to misinterpret the
unusual condition that this type of a multi-way stop would present, and the confusion during the
peak periods of the day, staff believes that we would be creating a potential for accidents for these
reasons. In addition, there are Chula Vista Transit bus stops on each side of the street.
The primary application of a three-way stop at a four-way intersection is at a location where a
preponderance of the traffic is making one particular movement. An example of this would be
where the major street makes a turn at an intersection such as a left-turn from southbound to
eastbound. In cases such as this, if the predominant movement of traffic through the intersection
is in the direction which will negotiate this turn, traffic may be stopped on the other three
approaches to allow for a free flowing left turn at this location.
Staff has concluded that the installation of additional stop signs at this intersection is not warranted
at this time, as evidenced by the accident history. Should Council consider installation of stop
signs at this location, Staff recommends that both north and southbound approaches be stopped,
creating an all way stop.
All area residents of Mariposa Circle and Mariposa Court have been notified of tonight's meeting.
FISCAL IMPACT: Installation of the all-way stop is estimated to cost $500.00.
Attachments: Exhibit A, Area Plat
Exhibit B, Letter from Mr. Ben Caruso, dated 1/15/96
Exhibit C, Letter from staff to Mr. Ben Caruso, dated 3/6/96
Exhibit D, All-Way Stop Evaluation w/accident history
Exhibit E, Minutes, Safety Commission meeting of 2/13/86 & 4/11/96 (Excerpt)
Exhibit F, Radar Speed Survey dated April 30, 1996
Exhibit G, City Council Minutes dated 4/8/86;5/6/86 & 5/13/86
Exhibit H, Stop Sign Compliance Study dated 4/29/96
Pile No.: 0760-95-CY029
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Exhibit B
~
Ben Caruso
664 Mariposa Circle
Chula Vista, CA 91911
(619) 421-0777
January 15, 1996
Bob PoweU
City Manager ,
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
Dear Mr. PoweU:
.
On behalf of my many neighbors and myself, I wish to bring to your
( attention an urgent traffic problem which has a high potential for serious
accidents and even death. I'm referring to the Intersection of Oleander
and Mariposa Circle. .
A stop sign is very much needed at the ..."th_Act corner for these reasons:
Cars travelling north on Oleander are moving downhill and around a
curve, often at high speed. Drivers cannot see vehicles CI'OSSÎDg or
entering Oleander from Mariposa Circle.
I don't know the actual number of traffic accidents for this corner, but I
do know that we neighbors have been Involved In many "øear-ml""'I!S."
What we do not understand Is that most mbn Intersections along
Oleander have already had stop signs In.cfAUed, and In areas with aœllent
mibUity and without downhW curves.
I would appreciate your review of the above and (:Oaledive action to
upgrade the safety of the above Intersection. If I can be of any assistance
In this matter please let me mow. 1bank you for your cooperation.
( e~
~ /5"--'/,
- - ---_._---~..---~.-
~~~ 1000-00
. . Exhibit C
~~-
'.
~~~
01Y OF
( CHULA VISTA March 6, 1996
DEPARTMENT OF PUBLIC WORKS File #: 0100-IS-KY-lS7
ENGINEERING DIVISION
Mr. Ben CIJUSO
664 Maripòsa Circle
Chula Vista, California 91911
REQUEST FOR ALL-W A Y STOP AT OLEANDER AVENUE AND MARIPOSA
CIRCLE/STREET
This letter is in response to your request from January IS. 1996, coDCCming the intersection of
Oleander Avenue and Mariposa Circle. The Traffic Engineering Section of the Engineering
Dcpanmcnt completed an investigation on March 6, 1996 conccming iDstallation of stop signs at
the above said intersection using the City Council's Policy for IU-way atop 'sign installations
(Ittached). Based on that policy, this intersection was evaluated and did DOt meet the minimlJD1
criteria for the installation of an all-way stop.
Stop signs are very restrictive controls. Our experience has shown that unless tllerc is an ipparent
nccd to stop during periods of peak traffic flow, the stop signs are often disregarded, sometimes
resulting in a worsening of the accident record. Thus, it is œccssary to have criteria for the
installation of stop signs at every residential street intersection.
An all-way stop investigation is based on a point system in which I total of 30 out of 54 points
is required to warrant an all-way stop. The points are subdivided into tile followiD¡ S categories:
The fIrSt category involved the ~tersections' accident history. This category is woMb I total of
14 points, where each reponed accident per year was given 2 points. Our records show one
reported accident from 1/1/91 to 11/30/9S. This accident occurcd on 4/6/95 and was of the rear-
end type, which is not correctable by an all-way stop installation, thus 0 points were given. Only
two reponed accidents have occurcd It this intersection in tile past 16 years (1/1180 to 12/31I9S).
The second category involves any unusual conditions within soo feet of tile intersection such as
parks, schools, fire stations, vertical or horizontal curves. This category is wonh a total of 10
points. Our investigation showed horizontal and vcnical curves at tile intersection and two (2)
points were given for cacho
The third cate¡ory considers pe4cstrian traffic during tile 4 busiest traffic hours where 1 point is
liven for every SO pedestrians for a total of S points. Our invcsti,ltion Ibowed less than SO
pedestrians crossed this intersection during this period, thus only oœ point was given.
The fourth category evaluates träffic volumes during the four busiest traffIC hours and is worth
IS points. Our investigation showed 2795 vehicles on the major street during tile 4 peak hours
/5-f
276 FOURTH AVECHULA VISTA. CALIFORNIA 91910'(6'91 69'·~2' C-1
·
( Mr. Ben Caruso -2- March 6.1996 )
for a total of 4 points and less than 400 vehicles on the minor street (166 total) for the 4-hour peak
period. thus DO points were given for the minor street. .
Finally. the last category uses traffic volume differeuœs, where the 24 hour traffic volume on the
minor and major Jtreet5 were compared to obtain a percentage of vehicles on the minor street to
the number of vehicles on the major street, Our investigation shows that the traffic volume on
the minor street (546 vehicles) equated to only 6.9" of the vehicles on the major street (1927
vehicles). thus only one point was ¡ranted.
Oleander A venue is classified as a Class D Collector Street and is designed to carry an average
daily traffic (ADT) of up to 12,000. Oleander Avenues current ADT is slightly less than 8.000
(1927 Actual). Mariposa Circle/Street arc low volume residential streets. The prima ficie speed
limit of 25 mph on these streets. as well as all other unposted residenti.1 Jtreet5. coupled with the
prima facie speed limit of 15 mph through blind intersections, should afford adequate time for
motorists to avoid conflicts. Stop signs arc not installed to reduce speeds on roadways, only to
help assign the right-of-way at locations where many cars arc approaching from all directions.
,
Based on the low volume, the wmants [ten (10) points out of a possible fifty-four (54) points].
I and good safety performance of this intersection. Traffic Engineering has determined that the
installation of stop signs at this intersection is not wmanted at this time.
1 hope thaI you understand why our recommendation is to deny your request, If you have any
questions regarding this item, please call me at 691-5237. If you desire to bring this item before
the Safety Commission please let me know by Wednesday. March 27. 1996. Based on the study
findings, if a report is prepared to the Safety Commission, Traffic Engineering will be
recommending that the all-way stop request be denied.
If you would like information regarding police enforcement of the speed limit in your
neighborhood. please call Sergeant Gene d'Ab1aing of the ChuIa Vista Police Department Traffic
Bureau at 691-5268.
'p,..,c.-'-- £.ø.-._
FRANCISCO RIVERA. P .E.
ASSOCIATE TRAFFIC ENGINEER
Auachments
FXR:fxr
( cc: Sgt. Gencd'Ablaing. ChuIa Vista Police Dept. Traffic Bureau ~ ~~ 1f7?-ø
(:UIONNNOUŒD\~:':')
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-
.
Exhibit D
COUNaL POUCY r
~j .... OF CHUIA VJSTA
IUI.JECf JOUCY I!PJIBCI'IYE
ALL.VAY STOP
.
.71.03 04-2S·'1 1 .f.
.AÐOP'D!D ay: leso'utfon 110. "'.7 DA'ID IM·fS·"
.
,IACK¡ROUMD
.
The tl1Tr,"s Tr.fffc MlIIUI' Ind "" MllluI1 en ""fonll Tr.fffc Contro1
Devfces Hst crfterfl fn dltel'llfnfn" the Ned for .n '11..~ ltop.
Actul' Med for .11 111..~ fa dtte". Md ~ '" IlIlf,,"rfn, ltaI tItIich
IlImillel the lpeci.1 chlr.cterfstfcl of tlte Ifte. .
A11-wa,y Itop lill\l .re ..ry reltrfctfVl contro1s Ifnc. they NC ufl't ."
lIotorhts '"terf"l the fnterltctioll to Itop It .11 tiMI. Mlell ltop
Iflnl 'I"e fnltl11.d for lpeed cOlltro1 ."d/or th.... fl ftO appll'tllt tr.ffic
r,uolI for the ltop (Htt1. or '''0 Croll tr.fffc), _torfsts rel.rd the .
Itop li," II III UIInec.lllry f.,.dilltllt .lId of tell tiNI do ROt ..Itt I -
comp'ete Itop. Whell thh occurl the ,xpectltiolll of oth.r .fn... alld
pedestrtalll Ire ., tered, ther.by 3.oplrdizflll the Ilf.~ r:rfOIWllce of
the flltersection. A'though Ipeeds .i" be 10wer fn the . cfnf~ of the
Itop, lpeedl wi" be hilher .idb10ck II IOtorfltl tr" to ..k.up for the
. time 10lt .t the Ullwlrrallted ItoP lil". Another MIIUVI .Ipect of
VIIwlrrlnted Itop Iflns fl the fncrelse fn ftOfl' alld po1'utfoll .1 ,.hic'.1
app'y their brll:el to I'OW down .lId .cc.1.rlte out of the fnterl.ctioll.
It is flllPrlct1cl' 'lid 'lIpollib', to 'nltl" .11 I""~ Ito (or other
trlffic cOlltro' device luch II , tr.ffic Ifllll') tItI.",y.r IlId ~,..Y.r .
request fa ..de; oth.nthe durflll "11: ,.rfodl, Ixtellded dl1a,y1 to
lIotorhtl ",y relu't, thUI forcfnl IIOtoriltl to IHk a'temlte routes
through ,lra11"1 Itrttts, of tell . relidelltfl' . It'tI. A Tr.ff1c
EIII'l1eer'l ,r1111r1 101' fl to ..fntl111 Ilf.~ and reduce Vlhfc1. ...,~.
PURPOSE
The ,ur,OIt of . fu111 ust1f1td, ,roper1y fllste11.d .11..~ ltop fl to
eff.cth.11 .lIilll ..f"'t.of..~, ..intein I.f.t,y Ind reduce "tlfc"
.,~. ItIl.r'111, a11..:t ltoPI .... fllltl11.d tItI.... tr.fffc Iflll.1I .,..
.Irr.nted alld/or .n .cc d.llt IIflto" IItI "'" fndfc.ted ~ ",ported
.ccidlllts of a t¡ypt IUlc.ptf.'. to correctfon ~ .n a11ooW11 ltop.
. . .
lDLtCY STAmcM
It Ihl11 .. the poUcy .f the Cft,y of eIIu'a 'fltt, through the Dtpat'tlltllt
of 'ub' fc ltortllEnlfnttrfnl DiYflfoll, to _"","t the fllltl11.tion of
A11.V~ Stops fn accord.lIC. With the 'o11ewtnl poUCYltlttlltlltl:
.
.
/.5~//
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-~~.._,..._..~._---------_...."_.
.'
.
.
COUNCIL POUCY
arY OF QIULA VJSTA .
I
IUIJEC1' toUcy . I:FPBCI'IVE
ALL-1IAY STOP "; NUMBER DA'Π'AGE
478-03 04-13-" I of'
AOOrilWol8Y: Reso1ut1on No. ,.,47 DA'IBD: 04-23-"
. ..
1'11. CaHfol"n1a ,.Mc1. Cod., Stctfon 11350 thl'U 11355, ,1Y'1 tilt
luthol"iv to 10ca' agenci.s to illlta" a"-wI.Y atop trlffic contl"011
upon It...etl in th.,1" relplcth. ~ul"tsdiction.
AcCOl"d1ng to F.del"a' and Stlte tl"affic contl"O' 1\11deHnel, a"-wI.Y
atop 1nsta1tations Ihou1d be rel'l"Yed fol" the contl"01 of ..Mcu'll"
tl"affic conf1icts at int'l"s.ctions Ind Ihou1d not be us.d .1 deyic.s
to contl"01 spe.d.
.
1'11. C1V'J p01icy fol" the insta11ation of .n .'1-w~ ator. contl"01 is
'u.d on I po1nt syst.m. .oints II'" In1gned to tl"a fic flctOl"1
"I.d on the Hyerity of traffic conditions. Flctol"l ....u...d ....:
,
1. .cc1dent fWcords .
I. unusua' conditions :
3. t;destl"iln y01umes
4. raffic yo1umes
L traffic y01ume d1ff.l"tntia11
.
.
.
.
;
/3 -/.:?,
~
COUNCIL POllCY 'f"
DTY OF aIULA VISTA
.
IUI1ECI' . toUCY JIFIIICnYE
ALL-WAY STOP
\ .7..01 CM·!I·" I Of'
.AÐOI'u;u ay: 1II01ution 110. "'47 Do\DD: OWI-"
..
CITY OF CHULA YlSTA
ALL-kAT :mw tON1ROL WARRANTS
í?1Q r . Dlte: . ~h~/"
INTERSECTION .s" ','r¿¡rSl. Tota1 'Oill~
r.e . ( I~o(')
.
!ENERAl:
A fu111 justified. ,roper11 fnlta".d 1"-W11 ltop eln .ff.cti"" Illiln .
right of way. reduce vellic1e de11.Y. Ind decreas. IccfdenU. 1111I1'1"1.
In I"-way Itop .iI "served for the ule It the fllt.rs.ctfon of two
thrOUfh hifhwaysš Ind on', IS In fnttrf~ trlffic eontr01 ..llurf ,rfor to
ligna ilat on. top If Ins II" IIOt to be ul.d for Ipttd eontro1.
The posting of In interlection for I"-way .top contr01 Ihou'd .. .11.d
on flctua' dlta. Wlrrlntl to be consid.r.d tllc1ud.:
1. Accident records
2. Unulua' conditions
I. Traffic v01111111s
4. Traffic v01111111 difference
5. Pedestriln v01111111
.
Points Ire Issign'd to .Ich of tilts. .',.,.Intl. Th. tota' ,of lit I "utb1.
II" 54. Th. fnlta'1Itfon of In '''-Wf ltol. contro' fa ~ultfftld with I
.inilll/lll of 10 ,oinu. un1... II\)' one 0 tII, 1Trlftl crfterfl t. ..t.
~L.WAY STOP POINT ~ CRITERIA:
,. }CCIÞENT WARRANT: .
Two "fllU I" I..tgntd for IIch IcctHllt .ulctptf.'1 to co. rlctton
., In I"-way .top cOIItro1 ."tlll III' fu11 ,.." ,..to" to tilt
tr"reltflltiOll dlte.. .
Tota1 IUllbtr of IcctdenU corrtcttb1. ., 111-w11 ltop: L
....._ ,. "tllU Iz/¡,r 'fD 1I!ID/9r SCORE: .Jl-!ofllU
#I. ¡,.' ,'. I(,~"I'$
0,,11' .,W~ re"~Q&c.1 .,,0/1 II~ .". II '''''16,.116,,1-'''' ,If
I Ijlb "'0 I ,/J'¡,t'; /5-/3
~ .
.
·
.'
.
COUNœ.. POlJCY
mY OF QMA VISTA ·
.
.
,
IUIJECI' roucy JaIIIBCm'E ·
ALl-VAY STOP NUMBER -¡)A'Œ 'AGE
...
..78-03 04-13-" , Of' .
~t'¡II'IIY:..s01utiOll Ito. 111., DA'I'ED: 04-13-"
2. PSUAL CONDITION WARRANT:
IIh.N ,nusul1 condftfons. I list. luch IS a Icho01, ftre ltatton.
"l1ground. horfzontl1 or .ertfcl1 curv.s. Itc.. ,ofnts are Isstln.d
01\ the bufs of Ingfnterinj¡ 3udgment. UnusuI1 condfttons shl" ..
consider.d on'1 tf wfthfn 00 feet of the lub3.ct tnterlectton. In
"sidenth' neighborhoods wheN there ts a conc.ntrltion of Ichool
age chi1dren Ictivftfes leplrlt.d from the relidentil1 neighborhood
b1 I c011ector street and coup1.d ~th other conditionl. the ~
Traffic [Minter lilY IP/.'Y traffic Inginterin¡. 3udr:nt Ind .1 VI
VIe lu-po1nt 111nillum po nt requirtlllllnt to qui 1f1 e tnter.ection
for In 111-way stop contr01. .
I
l'e Ie-pofnt 111n111Um requirement "Y be wli.ed and In a1'-'11 ltoP
ray be 1nstlned on1y 1f 1en reltr1ct1ve contro" III.' IIOt
or 'fcted I clocumented prob1tm. I
·
A11..."y stops "'Y be 3ustiffed blsed on ,r03ected w01111111s and
Iccident frequency when tufffc sign'" Ire warrant.d Ind .n1 ..
tnsta11ed w1thin I specified perfod of tflle. .
Z. 4$ -Ie..... hør¡,.~"I..1 ,..~.,c.. L
"Ufllllll 10 po1nts ;Z ~," h,' I!e""";- I Cfl"~e. SCORE: Pointl
3. PEDESTRIAN VOLUMES
Consiclerltion ts ,iven to 1a",e numberl of "destrilns croSlin, the
11I301' Itl'tlt dUl'fng the foul' bUliest hours of an a..rl,e Å)'.
. .
Pedestl'hn Crossfn' Ma.ior Stf't.t Tota1 durin" busfest trafffc 110,,"
'01....S:~ 1-50 \ 11-100 101-150 151-100 101-OVER
'oints: \JJ I J . .. I
StORE: -1..- Points.
Mad_ I potnts
.
C. mrnc YOLUMIS .
Points Ire llip.ndent tlPOn tilt _",itA/de of "Mcu"r "'_1 entel1n,
the tntar"ction lIurin, the four busf.lt lIoun of an 1.'1'." 1111.
,
/.5 /L/' . . t;pd/
. COUNCIL POllCY ..
.
aTY OF ann.A Ylrl'A
. IUB1ECI' IlQUCY IIRC'J'JVB
ALL-WAY STOP
.71-03
A%)OP'lEDay: blo1ution 110. 1614 DA'ŒÞ:
Traffic Counu (cfre1. four M....lt lIour w01_1): .
Hour Inding At: .
~ -~
. ~.. 0600 0700 080Q 0100 1000 1100 1200 1SOD ,.00'1100 :í¡oq17 1100 1100 2000
NB 1l ZZb ~" -;51 176 t'C 198 22" ZO' Z01 J'fB tee ZB~ t/~ 178
5S II ~D 21'1 Z6? J¿~ It~ 205 ZID z¡,o ~oo .3ß~ ~z~ ~17 31'1 1~1
IS q /.3 '2~ 3D 13 1/ 8 J2 II 19 It ZI ZIP Z'f zl
VB I /9 27 Z/? 25 J~ 17 It! 12 JO 1'1 Il ZI I~ {p
T B~ .31? /;01 ?b¿ ,g( "Iðt ¥Z6 ~/Pz. ~92 /,/{, 7¿Z 797 7ft; 57B i/ð1
Traffic Yo1umes Warrant .
Pointl Iha11 be aSlfgned fn accordanc.·~th· the f0110wing tab1..:
Tote1 of Major Tote1 of "illor
Approach L.gl Approach Legs
'-flour Y01111111 !9fntl . ....our Y01 UIIIt .hintl
D - 1000 D . ~ II,' fl
1001 - 1300 1
1301 - 1IDO I '101 - 100 I
. '1101 - 1100 I 101 . 1000 I
1101 - 1200 . 1001 . 1100 ·
1!~' - 1'1 Þ 1101 . ,.00 I
" 7'S- 1401 . 1100 I
~: C 1101 · 1100 7
1201 - 1500 I '1101 . 1000 ·
S501 - SaDO 1 : 1001 . 1200 ·
3801 - ov.r 0 1201 . ev.r 10
SCORE: .!t 'ofnu ICGRE: Irnu
"III fllllft Ii 1.5-/5 ,"nf_ 10
.
. .
I '..
COUNæ.. POLICY
aTY OF DIULA YJSTA
\ )
.
IUIJECJ' roucy ~
ALL.VAT STOP NUMBER DATE ,AGE .
'78.0' DC-!3-" '0' .
ADOP'ŒÞIY: Res01utfon 11o. 11147 . DA'I1!D:
DC-!'-"
.
5. 1RAFFIC YOlUM[ DIFFERENCE
.n..,ay ltops optr.te Hst _,n th, ""'01' Ind .fnol' Im,t approach
tl'afffc y01 llllleS Irt "111"11 'Qua1. Pofnts Ihan H Issfln'd tn
accordance with the fonowfng tab'e:
.. 14.Hour Minor St. A~roaeh Y0111111es S'ICø
: ., )4I.Hour P\ljor ~t. A roaetl volumes X 10DS -'U.1 = Jlt.Pofnts .
.5· 1 DO 10
85 . '4 , .
75 - 84 .
15 - 74 7 /
55 - 14 ,
. 45 . 54 5
. '5 . 44 .
. 25 - 34 3
15 . 24 -P
q: ': ".,~
fCORE: -L Points
Maxillum '0 Pofnts
CALTRAUS CRITERIA (Chapter. Ca'TI'.ns Tr.fffc Manua't
A1I.Y . of th, fonowfnl condftfòns III.Y ..rr.nt I ,,'tf-way STOP Itgn
tnstl".tfon: .
1. tItI,re trafffc Itgn." Irt ",rr.nted Ind .....nt11 ttttcled. the .,'ttWl.)'
~ . ltot ~ H .n tnterfll .lIure th.t c.n H tllstln.d I Utck1~ to
o con 1'0' tr.fftc _n. .rr.n....nts .'" Mtnl .de to, .. .....1
tllstl11.t1on.
I. . An .cefdent frOb1..· II' tlldfc.ted by ftft If' ..'" Npor1Itd ·acctdents· .
withfn . 12 ..nth "I'tocl of . t,)'P' luse.ptfb1, to col'l"tCtton '-Y ·
~~ .,1Uway stop tll,ta11.tfon. SUe" .ccfHnts tlle1ude t'ilht- Ind .
1.ft.turn c011f'tons IS ..11 I' rtght-anI1. c01'f,toll'.
()n/y ~IIJ.. ~e"d*, IfICC ,."...1'.1 .., ~¡,,'.I ;"+e.Y.leo:.~;'",¡" /¿,.,.s
l/t/flÎ +D I:lPI/95' .
/5 -Ie,;, ~
___.._._~ ___._____ ______".__.._""".._ _.n""
~UNCLPOUCY . .
~1 i Of CHU1A VISTA
IUIJECI' ~r:y ~
ALL-WAY STOP .
C7I-03 0.-23-'1 7 of'
AJ>QP1Ð> IY: .ts01ution 110. 11147 ¡)ADD: M-ZS-'1
S. Miniaum traffic .o1umes
.. 11\t tott1 .thicu1.r .0111IIII .lIttri;& tilt fllttr'ltctioll frail .11
N~ .pproachts .ust .v.ra.. .t 1.ast 0 ..hic1.s fir 'our for I~
8 hours of an .v.rage 11I1. Ind
b. The combilled .thicu1ar ¡lid fldestriall .01_ fl"Cllll tilt ~lIor
str.et or highw&,)' IIIst average at 1.lIt 200 units fir lIour for
tJ~ the lime 8 lIours. with III .verag. 't111 to .illor street
..hicu1ar traffic of It 1tllt SO ..conds fir ..hic1t durillg
the uxillUlll lIour. lIut
.
c. When the 8S-perc.nti1. .pproach spe.d of tilt -.for strtet
~~ traffic txct.ds 40 .i1.s per flour. tile .illilUft .thicu1ar
vo1yme warrant is 70 percent of tile .bovt requiremellts.
.
. .
, .
/5-/7
___ __ _ _______m__
.
.
COUNCIL PQUCY
an' OF QMÅ VISTA
IUIJECI' fOUCY III'PBCI1YE
ALL-WAY STOP NUMBER I)Am ,AGE
. 478-03 0.-13-" of'
A'DOP1B1ay: Res01utfon 110. "'47 DA'ŒD: o.-tl-"
ALL-VAY STOP SUl't\ARY
JmRSECTION:t>/e'm.Jer Ap.,.¡pøs*ft ( /ÞÞo. .(0)
ICC,"--/sr
OAT[ JNYISTIGAilON WAS COMPLETED: 3/1./9(,
.
TOTAL SCORE: /0 ,ofnts out of I ,0Ilfb1. 14. 111. .fnflll/lll
nqui1'td to 3ustu.)' In '11"1.)' stop contr01 is 10 ,ofnts.
,
JmRSECTION 0IAGRAH:
~. ~RJ
. ~~
,..~/' ~~
.~
0;. .s:
..,.
N
IECClltŒNDATJ ONS:
IEMARKS: .
c..,.,.eY
5iS J,of d;S"føM~ O,.,-I~e- 5#1¡f~ , t¡,s +" ;, l¡ÍYI¡"e.J
, . Si,j.~ d;s-t..,,~".s oK ¡.r ¡lS'<f.3() II1.l!{·
-tø /75.
/.5 -/g e--1
.m__. ....___
..
COUNCIL POllCY .
. an' OF QIULA 'YJSTA
IUIJECI' JOUCY EPÆC1'JVE
ALL-WAY STOP
'78-03 04-23-" , of .
ADOP1ED IY: Ruo' ution No. 16147 ÐA'IED: 04-23-"
,
CITY OF CMULA YISTA
ALL-WAY STOP EVALUATION WORKSHEET
Intersection
'. Qua1ifies for A1'-Vay Stop based on 30 or lOre points:
.
Yes No ~ Points 10 Yes No >C
Qua11f1es for ~11- ay Stop base~ ~n other criteria:
If ,y1S. exp1ain:
5ketcn Of 1ntersect10n W1tn Y1S10111~ Gata .
On back Attached X'
1. Acc1Gent "1story r01nU l'oss1Þle
From 12. ~ I ''I4f to II' 30 ''IS-
Accidents yr correctab1e by Stops X 2 pts'accident ø' '4
2. Unusua1 Conditions
Verf,'c.... I (.,,, r v-e-
J./crlz'c)III'I'ul C."raJle-
if 10
3. 'edestrian Y01u.e 1 1
'edestrians ,.t;Þ
crossing the ""or street during 4 hour count
.. Traffic '0111111s ('.at . Hour.) ~
Major approach.s :Z);,'{ 1
Minor approache. ø 10
.
I. Traffic '0'_ Diff.NftC. (,. 'I ~ .1 10
totAL . /0 14
,"ni~ Points ItqUiNd '10
.
/.5-/9
--.-
!·~c CHULH VI~~~. m eA:E; ¡-29-9t
. TRAfFIC tC~lISION OETAIL RE?ORT
~¡~~ LO:A;¡O~: at ~~~!?:~~ 5~ an~ OlEAN:ER AVE le:Ar1DH ceDE: lO:~· r
,
$E~R:~ D~TE: ¡reI tl-01-91 te 11-30'95
(
CD":;: ¡N YIC- iYPE PO:Ni DF pm COL. ".y Dim
F.EfD?~ :o~~!~!~~ ms DF I~?¡:' F ACT DR me j~,' Ri. lED '··YEri!m·-- om.me m"
H' om DR TIME ;N FR tt.. lDtA:IDH Yt m GP NEA LIi S CDN WIT en mHO. iP "V DIF A'E SEX SIC mm
5~~:: O.·~£·~5 TH 1~\5 I 0 REAR 01 : 22350 2 ClR DAY A H C D A I A 8 " 19 r. A H
2 Q H N 41 F A N
r
I
,
'.
(
/.3-.;?Ó ~
.." CHULA V¡STA RL'N Dw.H: 1-29-9.
, ..
TRAFfiC COLLI, ION LOCATION SUMMARY
-
~::: L~:A:¡~~: at ~A~I?:$~ $; Ind o~EANe¡, AVE Lo(Aim to~E: 1000- 0
SE~~:~ ~A¡E~ frce 01-0:·9: tc 11-30-95
(
1. COL~~~!~~ 1Y~;: 3, lIGHTING CONOITIONS
Tm, me. ToTAL PERe,
HEAP' C'; ,. ,0 DAILI.HT 1 100,0
.
SIO£~W¡PE ^ .0 DUSK-OANN 0 .0
.
REAR EN" 1 100.0 DARK, ST lIGHn 0 .0
BROADSIDE 0 ,0 OARK, NO ST lIGHTS 0 .0
HI! Ofn:r P .0 DARK, ST tIGHTS NOT
OV£~"L"~~Et: 0 .0 FUHC¡¡O~IHG 0 .0
AUTo/p¡m 0 .0
OTNER 0 .0 TOTAL 1 100.0\
1C¡ç.L 1 lOC.~\
:. ~C~:F VEH. IN~C~vE: W:Tr. 4. CC~LI5:CN SU"~ARY
D:~C~FT::'~ Tm_ FER:. O¡SCRIPTION ---T 0 TAL -"
COll PERS PERe
ND~C~~~:;::' " ,
· ,.'
PEr,ESTF:A~ ,
0 .0 F~TÞ~ P 0 ,0
~7~ER ~:TOr ÿEr. 1 100.C INJURY , I 10e .~:
-
( r,v. ON eiH RON, 0 ,0 PW OA~m 0 .0
to ., ... ~ .. l' " ! ' ^ .0
, .,1"." ~.' ... I . ·
'RP> 0 .C TOT A.:'! . 1 100.0\
.......,.;¡... , "
I't.h.".¡':' · ,.
ANl!'!A~ C ..
..
FIH:, :::r:· , .0
·
Di:-.H. CE:E:7 0 .0
1~:A~: 1 100.:\
.
.
-
/.5-.2/ ogJ
_____n_.______...__._.~______.__
\
- This Page Blank - I
~/s-~
Exhibit E
Safety Commission Minutes
April 11, 1996
Page 3
Commissioner Cochrane indicated he voted no because the low volumes of traffic did not warrant a stop sign.
He .asked if stop signs were planned when the new school was built.
Frank Rivera indicated that staff would need to wait until the school was closer to opening before making any
recommendations.
Vice-Chair Miller asked if the Commission would be notified when the item went to Council.
Frank Rivera responded that they would be.
8. R@Dort on Renuest for an AII-Wav Stan at Landi, Avenue and Davidson §tl'@@t
MSC {MillerlBierd} to deny the installation of an all-way stop at Landis Avenue arid Davidson Street. Approved
6-0-1 with Commissioner Acton absent.
9. ReDOrt on Reauest for an AII.Wav StQD at Oleander Avenue and Marinou Circle
Chair Liken indicaled that Commissioner Smith would abstain from the item since he lived close to the area.
,
Frank Rivera presented staff's report and showed slides of the area.
Vice-Chair Miller asked if the residenl had a time period to correct the landscaping and what the next step would
be.
Frank Rivera said that if the resident did not correct the problem, the City would then correct the problem and
bill the resident.
Commissioner Cochrane asked what the property owner could do besides moving the block wall.
Frank Rivera said the block wall had been installed for many years and it would be a significant expense to have
the block wall removed and a retaining wall installed.
DUiIM C.usie, 654 Mariposa Cirde, Chula Visú, C4 91911, had personally experienced a few 'close calls' at
the intersection, but agreed that there had not been many accidents. The problem was motorists did not obey
the 25 mph speed limit on Oleander Avenue. The cost of a stop sign verses removing the retaini~g wall should
be taken into consideration. He felt there should be a stop sign installed.
c.rl Hodges, 1291 Nadon Allellue, Chul. Visú, C4 9191 f, was a retired lieutenant from the Coronado Police
Department. Oleander Avenue was the only access to Mariposa Circle. Northbound vehicles on Oleander
Avenue did not travel at 25 mph. There was only 1 Y.I - 2 seconds to enter into the traffic Janes, which was not
enough time. He asked the Commission not to look at statistics for a 'normal' corner, because the intersection
was not a normal corner. The City caused the problem when it allowed the street to be constructed and the
retaining wall to be built. He preferred to go around the block by turning right, rather than attempting to make
a left turn across Oleander Avenue. He felt that 18 years as a police officer qualified him as a professional driver,
and he did not feel comfortable making the turn and asked how a reasonable driver would make the turn. He
suggested a three-way stop sign for motorists traveling northbound on Oleander Avenue.
Samuel c.han, 2828-F /Jr. VieW Drive, s.n DielO, C4 92139, was a registered safety engineer with the State
of California. He complimented staff on their report, but said visibility was hindered when trying to make a left
hand turn. There was a steep hill which caused motorists to go faster. The next stop sign was at amul Avenue
and Oleander Avenue. He did not understand why a stop sign was installed at th~t intersection because there
/5-;<3 UNOFFICIAL MINUTES ~.
Safety Commission Minutes
April 11, 1996
Page 4
were no visibility problems, curves, etc. If deaths and injuries were needed to justify a stop sign, Mariposa Circle
did not meet the criteria by luck. The report did not include near misses. He felt the Commission should address
the potential for accidents as it was a dangerous intersection.
CMoI SheridæJ, 586 MllripoA Circle, Chula Visf4 CA 91971, knew how far into the intersection a motorist must
be in order to get a clear view of traffic. She agreed with the other speakers. She had a handicapped daughter
who crossed Oleander Avenue and she feared for her daughter's safety. The neighborhood consisted of retired
people and families with young children. She asked for a three-way stop for the intersection instead of a four-way
stop, because traffic might be tied up on Telegraph Canyon Road.
Robert W. Kuffel, 628 Mariposa Circle, Chula ViR", CA 9191 J, said the intersection frightened motorists. He
did not understand how motorists could gain speed so quickly from amul Avenue which had a stop sign. He
felt the Commission had a obligation to prevent deaths at the intersection. The area had grown and there was
constant traffic.
Charlie Schleigar, 627 Mariposa Circle, Chu/a Visf4 CA 91971, originally liked the fact that there was only one
way into the street. However, if there were another way to exit Mariposa Circle, he would take it. It was difficult
to make a eastbound turn from southbound Oleander Avenue because of the grade of the hill. A stop sign for
northbound traffic would help alleviate the problem. .
Vice-Chair Miller was amazed at the design of Oleander Avenue. It was a difficult street. Even though the street
did not meet Stale warrants, she appreciated the residents comments.
Commissioner Cochrane said a speaker had mentioned a death at amul Avenue and requested information and
asked about the possibility of removing the all way stop at amul Avenue and making a three way stop at Mariposa
Circle. He felt a three way stop a Mariposa Circle was justified.
Frank Rivera indicated that to his recollection, the stop sign was installed by Council when the residents
complained about speed. The sign was also installed at amul Avenue because it was mid-way between
Telegraph Canyon Road and Naples Street. If the Commission desired to remove the all-way stop, staff would
need to take the item to Council for approval.
Commissioner Hoke asked the distance from amul Avenue to Mariposa Circle.
Frank Rivera responded that the distance from amul Avenue to Mariposa Circle was approximately 425'. The
distance from amul Avenue to Ivy Court was 225' and from Ivy Court to Mariposa Circle was 200'.
Chair Liken asked if there had ever been a permanent stop sign removed with the exception of upgrading to a
signalized intersection.
Frank Rivera said that had never been a stop sign installed and then removed. If the stop sign at jamul Avenue
was removed, the motorists expectations would need to be taken into consideration, since they were used to
stopping at that intersection. There might need to be a special sign indicating that the stop sign would be
removed and might, for a time, increase the risk in the area until motorists became accustomed to the new traffic
control devices.
Steve Thomas said staff's experience was that motorists viewed stops signs as a safety factor. If the Commission
recommended that the stop sign at jamul Avenue be removed, he felt there would be response from the public
asking that the stop sign not be removed.
Chair Liken indicated that stop signs were listed as not being effective in controlling speed problems, yet that was
the reason for the installation at jamul Avenue. He had driven Mariposa Circle and Oleander Avenue and was
concemed with vehicles parked north of the intersection along the west curbline. Par1<ed vehicles created a
/5 - ?.L/ UNOFFICIAL MINUTES m.
Safety Commission Minutes
April 11,1996
Page 5
visibility problem. He felt the intersection was difficult and dangerous and unusual circumstances existed. He
mentioned that the requesting letter asked for a three-way"stop. He asked staff their opinion on the installation
of a three-way stop verses a four-way stop.
Frank Rivera said that motorists expect that when they stopped, the opposing direction would also stop. When
a stop sign was absent for one direction, the motorist from the opposite direction could think that neither direction
was required to stop. A special sign would have to be created to let northbound motorists stopping at a stop sign
that southbound motorists did not have 10 stop. Altemative ways would need to be created to inform motorists
that all directions did not stop.
Commissioner Cochrane said he had been through intersections that had a sign which indicated "three-way" or
"all-way' and did not see it as a big problem.
Vice-Chair Miller asked the distance from Mariposa Circle to Telegraph Canyon Road.
Frank Rivera responded that the distance was approximately 750'.
Vice-Chair Miller indicated that southbound vehicles had a difficult time going up the hill and if a stop sign were
placed for southbound vehicles, it would be difficult for vehicles to stop and start on a hill.
MS (BierdlCochrane) to install a stop sign to stop northbound traffic on Oleander Avenue at Mariposa Circle,
thus making a three-way stop intersection.
Commissioner Hoke suggested having the Commission review the item after the installation of the stop sign.
FRIENDLY AMENDMENT: (Miller) to have the installation as a trial traffic regulation. Agreed to by maker of
motion.
Chair Liken indicated he would be voting no because he did not feel a three-way stop would be best for the
intersection and said he would rather see an all-way stop installed.
VOTE ON MOTION AS AMENDED: Approved 4-1-1-1 with Chair Uken voting no, Commissioner Acton absent,
and Commission Smith abstaining due to the location of his residence.
10. RI!Dort on Traffic Vi~ibilitv ~oncern' rm Lori lane at I:ad I Stre@t
Frank Rivera presented staff's report and showed slides of the area.
Chair Liken commended the property owners for trimming the landscaping in the area. He had noticed high
profile vehicles parked in the area which restricted some sight visibility. He had asked staff about the ordinance
regarding RV and boat parking on a public highway. He was informed that Council had removed the ordinance,
but that the vehicles could be parked for 72 hours. He asked if a tow trailer was considered a commercial
vehicle, and therefore, should not be parked on the street.
Sgt. d' Ablaing indicated that commercial vehicles were defined by a weight limit and the trailer would not qualify
as a commercial vehicle. An ordinance was going to Council regarding commercial vehicles parking on the
street.
Chair Liken said the area had received improvement with the landscape trimming and the movement of the limit
line. He did not want to install red curbing, but felt the situation should still be monitored.
Commissioner Smith asked about the pavement legends and advisory signs. IS
/5-~s UNOFFICIAL MINUTES
SAFETY COMMISSION
REGULAR BUSINESS MEETING \
MINUTES OF FEBRUARY 13. 1986
PAGE TWO
3. NEW BUSINESS:
(a) Council referral of December 10. 1985 - Petition from residents of
Oleander Avenue regarding traffic controls on that street
At the December 10. 1985 meeting. Council referred subject petition to the
staff and Safety Commission for report and recommendation. Residents
requested "immediate action to rectify a dangerous and inconvenient situation
on Oleander Avenue involving traffic control and that at least two traffic
control instruments (signs or lights) be installed between Naples Street and
Telegraph Canyon Road".
City Traffic Engineer Glass reported that traffic counts taken in October of
1983 indicated the volume on Oleander Avenue at approximately 6.500 vehicles
per day; recent counts indicated an increase in volume to approximately 7.800
vehicles per day. ,
I Mr. Glass stated that the posted speed limit on Oleander Avenue is \
25 m.p.h. Radar studies performed in November of 1983 indicated the "85th '
percentile" to be approximately 34 m.p.h. south of Ivy Court; radar studies
taken this month (February 1986) show the "85th percentile" to be
approximately 33 m.p.h. south of Ivy Court and 34 m.p.h. south of Manzanita
(no change from 1983 studies).
Mr. Glass added that there are no other "residential collector streets" in
this area other than Oleander Avenue. Mr. Glass said that installation of
traffic signals would not control speed. None of the intersections studied
met warrants for the lii:5tallation of four-way stops. The intersection of
Mariposa and Oleander received the highest warrant points (12 points);
however. according to Council Policy. the minimum number of points required
before four-way stops should be installed is 30 out of a possible 50.
With regard to accident on Oleander between Telegraph Canyon Road and Naples
Avenue. Mr. Glass reported his studies show a total of four non-injury
"segment" accidents. and one injury "segment" accident for the year of 1985.
Compared with City-wide accident rates. this appears to be normal for this·
type of roadway.
The City Traffic Engineer recommended increased Police enforcement and that no
(traffic control devices be installed on this segment of Oleander Avenue at
this time.
/.5--,;(6 _
"_ _"__ ...._.~,_ u_.._......"._
SAFETY COMMISSION
REGULAR BUSINESS MEETING
MINUTES OF FEBRUARY 13, 1986
PAGE THREE
Police Officer Duncan stated there are three school patrols assigned to
various elementary schools adjacent to Oleander and that she has been working
with all three school patrols recently. She concurred that increased Police
enforcement is needed.
Tom Turner, 1042 Oleander Avenue, asked various questions of staff (i.e.,
exact traffic counts for certain hours) and Mr. Glass provided the requested
information. Mr. Turner asked why Nacion has so many stop signs and why
Oleander has none. Mr. Glass responded that these devices were installed
prior to his employment with the City but he has been informed these devices
were not recommended by staff for installation. Mr. Turner added that several
of his vehicles and others owned by his neighbors have been "wiped out" when
parked on Oleander.
,
MSUC (Stokes/Decker...5-0) to concur wi th staff's recommendation to not
install traffic control devices at this time and to recommend additional
Police enforcement on Oleander Avenue.
(b) Council referral of December 17, 1985 - report regarding request from
11 ffany School representatives for traffic stops and signals in the
Southwestern College area
At the December 17, 1985 meeting, the City Council in response to a written
comnunication request, referred this item to the staff and the Safety
Commission for report and recommendations.. Specifically, Tiffany School
re~resentatives are concerned with the following areas: (1) Charter Point,
(2 College Estates, and (3) the area west of Southwestern College.
The Tiffany school representatives in attendance informed the Commission that
the School District "told Dr. Madison (Principal of Tiffany Elementary School)
that only Kindergarten through third grade students can be bused from Charter
Point"; however, there are at least a dozen or so older students who are not
being bused and who have to walk to school (and they are facing · several
safety hazards·). .
City Traffic Engineer Glass noted that pedestrian counts were made on two
separate days during the time period when school is dismissed. Only one
( pedestrian crossing at the intersection of East "H" Street and Auburn on each
occasion.
/5-':< 7 ~
_.~_._-_.-
- This Page Blank -
~ /5-';:{Ý
_ ~~._"...n··. .,.__~_._._._
Exhibit F
em OF eHVLA YlSTA . VEHICU: SPEED SURVEY
SEGMENT UNDER S'IlJDY r7k..-7.r7...-k/ Æ/;!Þ?/.J¿? (::J8µc.J Ct, - . L/~"S¿';?""...:7 ::;.f )
n...TE '1/7,/9 ( SURVEY SITE Æ/"O/?Ç"';-; ~¡'rl?l2_t POSTED SPEED 'lÇ"
.
..ME START 0/: ~IJ ~M 11ME END /t'?rj<Ç GìJ.M WEA11ŒR _ r /Pn r
DIREC110N ÄJ -0 c:; -, CUM.
MPH NUMBER OF VEHJa.ES TOTAL ,. ,.
. II II .
4S
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43
42
41
40
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32 (') r> n .r"> /' ./ / , ::;a. /<; p./. e.;
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30 ( (": all / ./ OR /"- r_ '"'
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26 ,..-.-, ./ /' "< '"_ ,, it¿
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RECORDER: .,¿ /. ...r:: ..- L I TOTAl. NU.... or YIKlQA; ç?")
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- This Page Blank - J
F~ /.:5-3ò
- . ~ --
~~hi bit
Minu tes - 10 - April 8, 1986
15. REPORT ON PETITION FROM RESIDENTS OF OLEANDER A VENUE
REGARDING TRAFFIC CONTROLS ON THAT STREET
(Director of Public Works/City Engineer)
At the December 10, 1985 meeting, Council referred a petition from
Mr. Tom Turner and other residents on Oleander Avenue to staff and
the Safety Commission for report and recommendation. The petition
ci tes excessive speeds, high accident frequency, and excessive
through traffic volumes as major problems on Oleander Avenue south
of Telegraph Canyon Road. The residents requested at least two
traffic signals and/or three-way stop installations on Oleander
between Telegraph Canyon Road and Naples Avenue. The matter was
considered by the Safety Commission at their regular meeting of
February 13, 1986.
Mayor pro Tempore McCandl iss proposed that this i tern be continued
until a full Council is available.
Mr. Tom Turner, 1042 Oleander Avenue, Chula Vista 92011 ,
concur red with the Council stating that more review of the staff
report is warranted.
MSUC (McCandliss/Moore) to continue this item for 2 weeks.
,
Discussion followed regarding agenda items dockected for April 22
(three public hearings). Mr. Turner noted that he would not be
available to attend the Council meeting on that date either.
,
MSUC (McCandliss/Moore) to reconsider item 'IS.
MSUC (McCandliss/Scott) to continue this item to the first meeting
in May (May 6).
16. REPORT ON THE STATUS OF THE VILLA SAN MIGUEL
SUBDIVISION (Director of Public Works/City
Engineer)
Counci Iman Scott noted he had a possible conflict of interest as
he has a client who has property in the area; therefore, he would
abstain.
MSUC (McCandliss/Moore) to continue this item for 2 weeks.
(Councilman Scott abstained.)
17. REPORT OF THE CITY MANAGER
a. City Manager Goss introduced the new Risk Manager, Diane
Levin.
~ /5-31
,-+_..._._-~--~._-_._-+-_..-
~inutes - 17 - May 6, 1986
Tri -co Floors' bid included a requirement that the Library be
closed for two weeks for them to ensure completion of the
installation pr ior to July 4. They propose to work 24 hours a day
including weekends. The Library Di rector recommended closing the
Library starting approximately June 15 for the two weeks as this
is the only guarantee that the project can be completed by July 4.
Funds needed for the carpet are $161,434 and are provided for in
Account 600-6000-RS58 ($99,000) and 600-6000-CLSA6 ($67,000) .
Gary Anderson, representing Tri-Co Floors, explained it would take
2 weeks to install the carpeting with crews working triple shifts
at 24 hours each. This would include total dismantling of
bookshel ves, removal of books, and replacing bookshelves and books.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
10. RESOLUTION 12462 ACCEPTING BIDS AND AWARDING CONTRACT FOR
OFFSET DUPLICATING SYSTEM (Director of
Finance)
At its meeting of October 15, 1985, the City council deferred
accepting bids and awarding a contract for an offset duplicating
system in order to provide representatives of both bidders--'AB
Dick Company and Multigraphics Corporation --an opportunity to
respond to staf f I S report. More specifically, the bidders were to
be provided an opportunity to address the cost-effectiveness of
the i r offset duplicating system with regard to the cost of
producing the masters, the double-sheet detection system,
maintenance service agreement, and other issues raised in staff's
report.
The cost of the Multigraphics system of $46,461.40 is within the
amount budgeted in FY 1985-86 of $52,000.
The recommendation was that the City Council award the contract to
Multigraphics Corporation.
Counci lwoman McCandliss commented that staff could have
sole-sourced this report since Multigraphics appeared to have all
the features required for the printing operations.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
17. REPORT PE!'ITION FROM RESIDENTS OF OLEANDER
AVENUE REGARDING TRAFFIC CONTROLS ON THAT
STREET (Continued from April 8, 1986)
(Director of pUblic Works/City Engineer)
ç "" .:4 /5 -3':<
--.-
Minutes - 18 - May 6, 1986
At the December 10, 1985 meeting, Council referred a petition from
ft. Tom Turner and other residents on Oleander Avenue to staff and
;he Safety Commission for report and recommendation. The
residents requested at least two traffic signals and/or three-way
stop installations on Oleander between Telegraph Canyon Road and
Naples Avenue. This matter was presented to the Safety Commission
at their regular meeting of February 13, 1986, who recommended to
concu r wi th staff's recommendation to not install traffic control
~vices at this time.
It was recommended Council accept the report and recommendation
that no additional traffic control devices be installed at this
time.
Mr. Tom Turner, 1042 Oleander Avenue, Chula Vista 92011 ,
requested traffic instruments, not traffic signals, be placed on
Oleander noting Oleander measures 36 feet in width the entire
length.
Traffic Engineer Glass commented that the section near Jamul Court
is 36 feet and other sections down Oleander widen to 40 feet.
Council discussion followed concerning the need for some type of
traffic controls in the area, particularly stop signs at Jamul.
~ (McCandliss/Malcolm) to place stop signs at Jamul. ,
Discussion on the motion followed concerning who should designate
~cations for signs.
SUBSTITUTE MOTION
MSUC (McCandliss/Malcolm) to tentatively designate the
intersection at Jamul Court and refer to staff for a report back
to Counci 1.
~yor Cox clarified the motion: to refer the recommendation of Mr.
Turner to install 3-way stop signs, provide double line striping,
and refer this to staff (to come back next week).
The motion for tentative approval passed unanimously.
lB. REPORT MELLO-ROOS FINANCING FOR SCHOOLS IN THE
EASTLAKE PROJECT (Continued from April
22, 1986)(Director of Public works/City
Engineer)
Mayor Cox announced under the advice of the City Attorney, he and
Councilman Malcolm would abstain on this item due to a possible
conflict of interest involving their potential purchase of
Noperty in the EastLake area.
~=-1> /:5-33
~inutes - 13 - May 13, 1986
22. REPORT PROPOSED POOL FEE STRUCTURE (Director of
Parks & Recreation)
~lled from Consent Calendar. )
23. REPORT MEMORIAL PARK WAR MEMORIAL (Assistant
City Manager)
~lled from Consent Calendar.
END OF CONSENT CALENDAR
13. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND YOUNG MEN'S CHRISTIAN
ASSOCIATION (YMCA) FOR THE LEASE OF
CERTAIN PROPERTY IN EUCALYPTUS PARK AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Parks & Recreation)
The Ci ty and the South Bay branch of the Young Men's Christian
Association (YMCA) had a 20-year lease agreement for the property
at 50 Fourth Avenue, which expired on June 30, 1984. The ci ty and
YMCA have been operating under a lease on a year-to-year basis.
Staff has renegotiated a five-year lease wi th the YMCA. The term
of the proposed lease has been changed from 20 to 5 years because
the YMCA plans to construct new facilities in the eastern area of
the City and relocate its operations there.
Counc ilman Malcolm suggested the liability insurance coverage ì
required for this item as well as the item pertaining to the Live
Steamer s (Item 21) should be increased.
MSUC (Malcolm/Moore) to refer these 2 items (13 and 21) to staff
for allocation or shared funding for increased liability insurance.
16. REPORT REGARDING PETITION FROM RESIDENTS OF
OLEANDER AVENUE REGARDING TRAFFIC
CONTROLS ON THAT STREET (Continued from
May 6, 1986) (Director of Public
Works/City Engineer)
At the May 6, 1986 meeting, Council continued this item and
directed the City Traffic Engineer to review each of the
intersections on Oleander Avenue between Telegraph Canyon Road and
Naples Street to determine which location would be best if three
or four-way stop signs were installed. The Council also requested
addi tional information regarding the feasibility of continuing the
centerline on Oleander Avenue south to Naples Street.
Director of Public Works/City Engineer Lippitt noted if three-way
stops are to be installed, the intersection of Oleander Avenue and
~mul Court would be the best choice. Continuation of the double
yellow centerline to Naples Street was recommended.
~~
/S-3/
Minutes - 14 - May 13, 1986
M. Tom Turner appeared before the Council in support of staff's
:ecommendation.
r.suc (Cox!McCandliss) to approve 3-way stops at the intersection
of Oleander Avenue and Jamul Court and continue the double yellow
~nterline to Naples Street.
17. REPORT REGARDING WRITTEN COMMUNICATION AND
PETITION FROM RESIDENTS OF EAST SAN
MIGUEL DRIVE REQUESTING TRAFFIC CONTROLS
AND SPEED BUMPS TO REDUCE SPEED AND
DECREASE ITS USE AS A THROUGH STREET
(Continued from May 6, 1986) (Director of
Public Works/City Engineer)
~ May 6, 1986, the City Council continued this item and directed
the City Traffic Engineer to review the intersection of cuyamaca
Avenue and East Sier ra Way, and Cuyamaca Avenue and East Palomar
Drive to determine which location would be best if three-way stop
signs were installed.
Director Lippitt reported if three-way stops are to be installed,
the intersection of Cuyamaca Avenue and East Sierra Way would be
the best choice. Installation of a double yellow centerline with
raised pavement markers was recommended around the curve. ,
~uncilwoman McCandliss commented if the signs are placed at East
Sierra Way, the City may be alleviating one problem but
compounding it in another area.
MS (Campbell/Cox) to install 3-way stops at the intersection of
Cuyamaca Avenue and East Sierra Way and install double yellow
centerlines with raised pavement markers around the curve.
Mr. Jim Blakely, 54 East San Miguel Drive, Chula Vista 92011,
proposed a possibility of also addressing a sign with "No Right
Hand Turn on Red" at Cuyamaca and "L" Street.
Mayor Cox requested that the motions on item 16 and 17' should
include a report back from staff in 6 months.
The motion to install 3-way stop signs passed unanimously.
MS (McCandliss/Malcolm) refer to staff the question of "No Right
Hand Turn on Red" at the intersection of "L" Street and Cuyamaca
and have a status report on the situation brought back in 6 months.
Councilman Moore stated he could not support designating this type
of signage at one particular street.
The motion to refer this to staff passed with Councilman Moore
opposed.
e",S"
/5-35
-~
- This Page Blank -
~ /5-3&
--....--.-..-.--...-.----.--.-.---..
-
CITY Of E><~:J,;f- H
CHULA VISTA
STOP SIGN COMPLIANCE STUDY
INTERSECTION rJUAAmrr' Ã"r (;) ~"'.<A.., c-+. ('2¢2.¢Ø-¢)
DATE -</ - 2., - '7t', TIME START s:?: AfO tAWl PM
WEATHER r, FAP TIME END CJ: "l.O @ PM
RECORDER . /".,.,,,-t. -.J/-'M/1d'~
MPH DlR£CTION AI .0 S. I TOTAL % C~M.
.. NUMBER,/10F VEHIC~fS 20
> 25
GAEATEA THAN - -
.1 MPH
> 10 rn
GAEATEA THAN --L- -L- -L.1.W
10 MPH
. <101I"'1rl,.-,//
. 5 ~
LEIS THAN - ~
10 MPH
3 I;';~ 0 ^ - - [(';h ,....
< I", ,-.1/1/1/1/ /1/ / / I 1/1/ /1/ / 3'7' 37' 0<.1
LESS THAN - - ~
aMPH
O ¡;;.;:r;..;; ;;; 0 -
-- --~-lr.I^~ /1/// ~ 2L £L
COMPLETE ITop11 11/1/1/ / / // I / / /'//1/ /
OMPH
TOTAL NUMB R OF VEHICLES
"'" ........... OL.£ANDé~ Aý~ ø ......- .
3;0 ~ of l/~híc.lU. ill 0 ¡.,(pJ<
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- This Page Blank -
p- /.5-33
_..'. - - -_._-_.._-~...~-_......_- -.-.--........-."..--...--------...-..- -_.-----
COUNCIL AGENDA STATEMENT /?&-
Item
Meeting Date 6/11/96
ITEM TITLE: Resolution /5':3:1 S- Taking a position to support SB 1958 and to
support a related San Diego County proposal for a 1/4 cent 5-year sales tax
for libraries.
Resolution /~3;J b Taking a position to oppose AB 3116
(currently inactive) regarding additional state prison construction including
facilities in the South Bay, and amending the Legislative Program
accordingly.
These items are not addressed in the Legislative Program or otherwise
require direct Council action.
SUBMITTED BY: Legislative Committee (4/5ths Vote: Yes_ No..K)
The City's 1995-96 Legislative Program was last amended by Council on December 12, 1995.
Although this program was intended to provide comprehensive direction to the Legislative
Committee on the City's legislative priorities, there are certain issues which are reserved for
direct action by the Council. Attached are analyses of two bills and a related County proposal
which are not addressed in the Legislative Program or are otherwise specifically reserved for
direct Council action.
RECOMMENDATION: Legislative Committee recommends approval of the resolutions.
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees took unanimous
action to support the 1/4 cent sales tax proposal at their May 29 meeting (see attached minutes).
DISCUSSION
The bills proposed for Council action is follows:
1. SB 1958 (Mello): TRANSACTIONS AND USE TAXES: COUNTIES: PUBLIC
LIBRARIES Would authorize counties to impose a 1/8 cent sales tax for new or
expanded library facilities and services, not to exceed a 10-year period. This authorization
would be contingent upon voter approval. Within those counties opting for the tax, cities
with their own libraries systems would also accrue revenues.
Fiscal Impact: Approximate revenues of $25 million per year to the region, with $1.5
million per year accruing to Chula Vista.
Legislative Committee Recommendation: SUPPORT
2. SAN DIEGO COUNTY: CALL FOR URGENCY LEGISLATION: PUBLIC LIBRARIES
Would authorize San Diego County to impose a 1/4 cent sales tax for new or expanded
library facilities and services, not to exceed a 5-year period. This authorization would be
contingent upon voter approval. Those cities like Chula Vista which have their own
/7&1<. - /
Item , Page 2
Meeting Date 6/11/96
library systems would also accrue revenues through this tax. Although this proposal may
eventually be incorporated into SB 1958, County staff is also evaluating other legislative
vehicles to obtain state authorization. If this proposal is incorporated into a bill other than
SB 1958, support for this item would take precedence over SB 1958 due to the potential
for up-front funding availability.
Fiscal Impact: Approximate revenues of $50 million per year to the region, with $3
million per year accruing to Chula Vista. According to the provisions of this proposal,
Council would be required to approve a plan for expenditure of these funds, which staff
anticipates preparing for consideration by mid-July.
Legislative Committee Recommendation: SUPPORT
3. AB 3116 (SruIte): CORRECTIONAL FACILITIES Would authorize the Department of
Corrections to construct four new medium and maximum security prisons and two new
"reception centers" throughout the state, including a new 2,500 bed (5,100 inmate) facility
adjacent to Donovan State Prison on Otay Mesa. Appropriation of funds would be
contingent upon voter approval of a $2.6 billion prison bond measure in November. Like
a previous prison construction bill reported to Council (AB 3326), this bill has died.
Although it failed to pass out of the Assembly by the May 31 deadline, staff recommends
Council take action to oppose this bill in conjunction with an amendment to the
Legislative Program so the City may take a more proactive stance to oppose any related
bills or any attempts to waive legislative deadlines and reintroduce the proposal.
Fiscal Impact: Undetermined. Construction (estimated at $92 million) and operation
could provide economic stimulus to the region, but with counterbalancing social, crime,
and/or South Bay image impacts in connection with the additional prison siting. Staff
recommends opposition (and a related amendment to the Legislative Program) in the
interest of achieving a balance in prison locations within the County.
Legislative Committee Recommendation: OPPOSE
The Legislative Program is supportive of authorizing special assessments for local services,
subject to approval by the local electorate. This support, however, is subject to formal Council
action based on the specifics of each proposal (Section n.c.l.c.). The Legislative Program does
not currently speak to the issue of prison siting. Therefore, in addition to recommending an
action on AB 3116, it is recommended that Council add a general provision to the program to
"Oppose the siting of additional prisons or other facilities when such siting would have the effect
of over-concentrating the detrimental impacts of those facilities in the South Bay."
Attachments:
1. Resolutions
2. Analysis and bill text, 5B 1958
3. Letter from County Board of Supervisors
4. Draft Minules, Library Board of Trustees, 5/29/96
5. Analysis and bill texl, AB 3116 c:\wp51\memos\cc611.l13
/7a... -,z
RESOLUTION NO. I¿> ~-1~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TAKING A POSITION TO SUPPORT SB
1958 AND TO SUPPORT A RELATED SAN DIEGO COUNTY
PROPOSAL FOR A 1/4 CENT 5-YEAR SALES TAX FOR
LIBRARIES
WHEREAS, citizens throughout the San Diego County region
rely on their community libraries for a variety of services; and
WHEREAS, current funding levels are insufficient to
provide for essential library programs and operations; and
WHEREAS, a number of library facilities are in desperate
need of repair, remodeling or expansion to properly serve library
patrons; and
WHEREAS, hours of operation have been reduced for many
libraries due to funding constraints; and
WHEREAS, current funding levels are insufficient to pay
for an information-age library system; and
WHEREAS, libraries serve youngsters from pre-school to
college, parents and seniors, as well as businesses; and
WHEREAS, libraries are a vital part of each community;
and
WHEREAS, a sales tax rate increase of one-quarter cent
for a period of five years would generate approximately $50 million
annually for the entire region and approximately $3 million
annually for the City of Chula Vista; and
WHEREAS, legislation is needed to authorize the voters of
San Diego County to vote to impose a sales tax to be used
exclusively for library purposes; and
WHEREAS, urgency legislation is needed before August 9,
1996 to permit the ballot measure to be placed on the November 5,
1996 ballot; and
WHEREAS, Chula vista has been contacted by the County of
San Diego regarding this proposal; and
WHEREAS, the Chula vista Library Trustees voted
unanimously at its May 29, 1996 meeting to support this proposal.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby support adoption of urgency
legislation to permit the voters of San Diego County to consider a
/ 7 c:::- - ;¿ e:v
-----
one-quarter cent sales tax rate increase for five years to be used
exclusively for library improvements as it may be pursued via SB
1958 or other legislation yet to be drafted.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista urges all members of the San Diego Legislative
Delegation and the Governor to support such legislation.
Presented by Approved as to form by
G...r- ~ D...~
Shirley Horton, Mayor City Attorney \I
/7~'r2b
RESOLUTION NO. /3'.:1.3(,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TAKING A POSITION TO OPPOSE AB
3116 (CURRENTLY INACTIVE) REGARDING STATE
PRISON CONSTRUCTION INCLUDING FACILITIES IN
THE SOUTH BAY, AND AMENDING THE LEGISLATIVE
PROGRAM ACCORDINGLY
WHEREAS, AB 3116 would authorize the Department of
Corrections to construct four new medium and maximum security
prisons and two new "reception centers" throughout the state,
including a new 2,500 bed (5,100 inmate) facility adjacent to
Donovan State Prison on Otay Mesa; and
WHEREAS, appropriation of funds would be contingent upon
voter approval of a $2.6 billion prison bond measure in November;
and
WHEREAS, construction and operation could provide
economic stimulus to the region, but with counterbalancing social,
crime, and/or South Bay image impacts in connection with the
additional prison siting; and
WHEREAS, staff recommends opposition (and a related
amendment to the Legislative Program) in the interest of aChieving
a balance in prison locations within the County.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby take a position to oppose AB 3116
(currently inactive) regarding additional state prison construction
including facilities in the South Bay, and amending the Legislative
Program accordingly to oppose the siting of additional prisons or
other facilities when such siting would have the effect of over-
concentrating the detrimental impacts of those facilities in the
South Bay.
Presented by Approved as to form by
Shirley Horton, Mayor ~t~~
C:\rs\SB1958
J~".2c.,
--_..~_......_._---
ATTACHMENT #2
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
May 30, 1996
BILL AUTHOR TITLE INTRODUCED AMENDED
SB 1958 Mello Transaction & Use Taxes: 2/23/96 5/16/96
counties: public libraries
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE San Diego Counly proposal Section II.C.1.c. (Council Action Required)
(attsched)
STATUS: Pending Assembly Committee Assignment
BACKGROUND: Under existing law, various local governmental entities, in accordance with certain
requirements and limitations, may levy transactions and use taxes pursuant to the
Transactions and Use Tax Law.
SB 1958 would: Additionally authorize the Board of Supervisors of a county to impose a 0.125%
transactions and use tax if that tax receives the approval of a two thirds majority of
those voters voting on the ordinance; the tax is imposed for a period not to exceed
10 years; the revenues are only for funding public library programs and operations;
and the funds are used only to supplement existing expenditures for public libraries
and shall not be used to supplant existing funding for the support of public libraries.
In a related matter accompanying this bill, the County Board of Supervisors hope to
send a five-year 0.25% sales tax measure to the voters on the November 5 ballot.
This would require authorizing legislation from Sacramento. The Board will work to
amend SB 1958 to specifically allow San Diego to impose the 0.25% tax over five
years rather than 0.125% over 10 years. Failing that, Senator Killea has offered to
carry legislation on this region's behalf.
In light of the severe cutbacks suffered by public libraries throughout the state, funds
to backfill the losses of the past several years are needed to bring these programs
back to an appropriate level of service. Many facilities are in need of physical repair.
"Information-age" systems are beyond the means of current funding levels. Hours
of operation have been reduced throughout the region. The needs of the community
are not being met.
FISCAL IMPACT: Region-wide, a dedicated revenue stream of $50 million per year for five years is
estimated. For Chula Vista, revenues are projected to be approximately $3 million
per year for a .25% tax, or $1.5 million per year for a .125% tax.
DATE TO COUNCIL RECOMMENDATION LETTERS
Legislative Committee SUPPORT YES
May 30, 1996
174,- :J C:\wp5 1\ANAL VSES\SB1958.ana
-------.---
May 21, 1996, Page 6
California 1995-96 Regular Session 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
1995 CA SB 1958 Code.
Amended
(2) The tax is imposed at a rate of 0.125 percent for 8 period not
Mello to exceed 10 years.
AMENDED IN SENATE MAY 16, 1996 (3) The revenues collected from the tax ere used only for funding
AMENDED IN SENATE MAY 8, 1996 public library programs and operations within the county. These
AMENDED IN SENATE APRIL 9, 1996 revenues shall be used only to supplement existing expenditures for
public libraries and shall not be used to supplant existing funding for
SENATE BILL No. 1958 the support of public libraries.
==================================
(4) The transactions and use tax conforms to Part 1.6 (commencing
with Section 7251).
INTRODUCED BY Senetor Mello
(b) "Public library" means a library, or two or more libraries that
FEBRUARY 23, 1996 are operated as a single entity by one or more public jurisdictions,
that serve the general public and are required to report appropriations
~================================= to the State Librarian under the provisions of Section 18023 of the
Education Code.
An act to add Chapter 2.98 (commencing with Section 7286.59) to Part (c) The board of supervisors may impose a transections end use tax
1.7 of Division 2 of the Revenue and Taxation Code, relating to in any succeeding period not to exceed 10 years per period if all of the
taxation. conditions specified in subdivision (a) are met for that succeeding
period.
LEGISLATIVE COUNSEL'S DIGEST
S8 1958, as amended, Meno. Transactions and use taxes: counties:
public libraries.
Existing law authorizes various local governmental entities, in
accordance with certain requirements and limitations, to levy
transactions and use taxes pursuant to the Transactions and Use Tax Law.
This bill would addition.Oy authorize the board of supervisors of a
county to impose a transactions and use tax at a rate of 0.125% by the
adoption of an ordinance. 8S specified. if specified conditions are met.
Revenues from the tax would be used only for funding public library
programs and operations within the county, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.98 (commencing with Section 7286.59) is added
to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
CHAPTER 2.98. COUNTY TRANSACTIONS AND USE TAX FOR
Ll8RARY
PROGRAMS
7286.59. (a) In addition to the tax levied pursuant to Part 1.5
(commencing with Section 7200). and any other tax authorized by this
part, a board of supervisors of a county may impose a transactions and
use tax [A> in lieu of, and not in addition to, a tax imposed under
Section 7285.5 for the purposes described In paragraph (3), <A] by
adoption of an ordinance in accordance with this part if each of the
following conditions are met:
(1) The ordinance imposing the tax is submitted to and approved by
the voters of the county by a two·thirds vote of those voters voting on
the ordinance in accordance with Article 3.7 (commencing with Section
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...;.;;¡:. " , ATTACHMENT #3
~11"
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BOARD OF SUPERVISORS
1800 PACIFIC HIGHWAY. AOOM 335. BAN DIEGO. CALlFOANIA 82101-2470
May 20, 1996
"
The Honorable Shirley Horton
Mayor
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 91910
Dear Mayor Horton:
The Board of Supervisors has endorsed placing an initiative on the November 1996
ballot seeking 2/3 voter approvaJ of a I/4-cent sales tax increase for five years to be
used exclusively for library purposes. In order to proceed with this initiative, special
State urgency legislation is required to permit the County to place the measure on the
ballot. Therefore, we request that your Council adopt a resolution of support. A
draft is enclosed. We would appreciate receiving the Council's resolution by June
14. A copy must be faxed to Deputy Chief Administrative Officer Lari Sheehan at
531-6439 as soon as possible, but no later than June 14.
The initiative envisioned by the Board of Supervisors would provide that each of the
cities which have their own library, and the County of San Diego libraries would
receive the 1/4-cent sales tax revenue generated within their service area boundaries
for purposes of funding new library services and projects. The monies could not be
used to supplant existing services and projects,
/7.ø.. -?
--.~-_._--------.~..,,--
-2-
County staff will be contacting your staff to work out the details of the ballot
language, the distribution of revenues, and the sharing of costs, in preparation for
passage of the legislation. If you have questions or would like more infonnation,
please contact Ms. Sheehan at 531-5274 or County Librarian Marilyn Crouch at 694-
2389.
Respectfully,
upervisor Bill Horn
Vice Chainnan
,bag;o, d:~,P~
First District Third District
Attachment
cc: Councilmembers
City Managers
i):Iý¿' f'GUmer
I?ct"-?
.-----.----"------.--
Date
RESOLUTION OF THE CITY COUNCIL OF
RE: SUPPORT FOR URGENCY LEGISLATION TO PERMIT LOCAL
VOTER APPROV ALFOR A ONE-QUARTER SALES TAX FOR LmRARIES
On motion of Council Member ,seconded by Council Member ,
the following resolution is adopted:
WHEREAS, citizens throughout the San Diego County region rely on their
community libraries for a variety of services; and
WHEREAS, current funding levels are insufficient to provide for essential library
programs and operations; and
WHEREAS,a number oflibrary facilities are in desperate need ofrepair, remodeling
or expansion to properly serve library patrons; and
WHEREAS,hours of operation have been reduced for many libraries due to funding
constraints; and
WHEREAS, current funding levels are insufficient to pay for an information-age
library system; and
WHEREAS,libraries serve youngsters from pre-school to college, parents and seniors,
as well as businesses; and
WHEREAS,libraries are a vital part of each community; and
WHEREAS,a sales tax rate increase of one-quarter cent for a period of five years
would generate approximately $50 million annually for the entire region; and
WHEREAS,legislation is needed to authorize the voters of San Diego County to vote
to impose a sales tax to be used exclusively for library purposes; and
WHEREAS,urgency legislation is needed before August 9,1996, to permit the Board
of Supervisors to place the ballot measure on the November 5, 1996, ballot.
NOW THEREFORE BE IT RESOLVED by the City Council of that it
hereby supports adoption of urgency legislation to permit the voters of San Diego County
to consider a one-quarter cent sales tax rate increase for five years to be used exclusively
for library improvements; and
/7t!L~~
_._._-~~----_._---_..----_.._,-
'.
BE IT FURTHER RESOLVED by the City Council of that it urges all
members of the San Diego Legislative Delegation and the Governor to support such
legislation.
PASSED AND ADOPTED by the City Council of ,State of California, this
_ day of , 1996, by the following vote:
AYES:
NOES:
ABSENT:
/7c.- ~ '7
- .,-..--- -~,..~---~-_.._-_. ---------.
ATTACHMENT #4
Library Board of Trustees (DRAFT) - 2- May 29,1996
B. Library Referendums - Quarter Cent Sales Tax
Director Palmer reported that the next step in the referendum process is for all
cities in the County to support the urgency measure to allow the sales tax measure
to go on the November ballot by resolution.
This resolution of support for the urgency measure will go to the Chula Vista
City Council on June 11th. The County has asked for these by June 14th. The
Friends of the Umbrella Board will call a special meeting during the next week to
vote their support of this measure.
MSUC (AlexanderNiesca) to support the urgency legislation and the concept of a
quarter cent sales tax dedicated to libraries.
This referendum requires that each city provide a list of how the funds will be
used to the County Board of Supervisors by the end of July. To this end, a special
meeting of the Library Board and members of the Friends of the Library has been
scheduled for June 19th at 4:00 pm.
III. NEW BUSINESS
A. B/C/C Annual Report
MSUC (ViescaJDonovan) The Trustees approve the draft Summary of Activities
for FY 1995-96 as presented.
B. "Musica Para Todos" Program
The South Chula Vista Library has applied for a grant offered by REFORMA for
an audio system and a collection of Hispanic music which could be listened to
over headphones in the library. Trustees asked that if this grant is offered again,
the Library consider applying for EastLake.
MSUC (ViescaJDonovan) to support the library's application for the Musica Para
Todos grant.
IV. LffiRARY DIRECTOR'S REPORT
A. EastLake Senior Librarian
Preliminary interviews for this position will be held on June 3, 1996. A final
selection should be made and the position filled by early July.
/'14.- - /t?
CITY OF CHULA VISTA ATTACHMENT #5
LEGISLATIVE ANALYSIS
May 31.1996
I BILL I AUTHOR I TITLE I INTRODUCEO I AMENDEO
AB 3116 Brulte Correctional Facilities 2/23/96 I 4/23/96
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING PENDING AB 3326 (died in committee) NO; (Council Action Required)
STATUS: Assembly Third Reading
BACKGROUND: The South Bay currently hosts two major detention facilities. One of these is the
George F. Bailey Detention Center, operated by the County of San Diego. This jail
is permitted for up to 6,000 inmates but to date has been built for a capacity of
approximately 2,000. The County is attempting to develop an agreement with a
private operator to lease land on the County property for the construction of a facility
to house Federal prisoners. Information on this proposal was sent to Council in a
separate memo (5/17/96). The second, larger, facility is the Richard J. Donovan
Correctional Facility, operated by the State. Donovan prison was originally designed
to hold 2,000 individuals but has subsequently been redesigned and now houses
some 4,500 inmates. Staff continues to track these proposals closely, but as there
is no current Legislative Program language dealing with prisons, recommends the
addition of an item to oppose the "dumping" of such facilities in the South Bay.
AB 3116 would: Authorize a November 5 ballot measure (which would require a 2/3 vote by the
public) for the sale of $2.6 billion in General Obligation bonds for acquisition,
construction, renovation, remodeling and deferred maintenance of state and local
youth and adult correctional facilities. It also authorizes the use of $25.4 million in
General Fund monies to construct 4 new medium and maximum security prisons, and
2 new reception centers throughout the state, as well as $142.4 million from the
1996 Prison Construction Fund for 10 new living units for the incarceration of
juveniles in various counties.
One of the new facilities which would be constructed as a result of this bill is a
second phase at the Donovan facility; a medium security prison with 2.500 cells and
the ability to house 5,100 inmates. This would more than double the current inmate
population at Donovan but would be within the scope of existing permits for the
facility. The bill budgets some $92 million for this particular facility, including
payments of $2 million each to the County of San Diego and the County
Superintendent of Schools for mitigation costs to those entities.
FISCAL IMPACT: Undetermined. Construction and operation would provide potential economic
stimulus to the region, but with counterbalancing social, crime, and/or South Bay
image impacts in connection with the additional prison siting. The recommendation
to oppose is based on the detrimental affect of an overconcentration of detention
facilities in the South Bay, and a need for more equitable distribution of these
facilities throughout the region.
DATE TO COUNCIL RECOMMENDATION LETTERS
Legislative Committee OPPOSE YES
May 31, 1996 I1Æ/·//
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ÇJhlettdg 0A H,e Ç£lbhah~
(UMBRELLA GANIZATION)
P.O. BOX 393 . CHUL.A VISTA, CAL.IFORNIA 91912
June 6. 1996 .......,:... :-"'-1-
\¡~ I, ( ,- I
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: '¡ :) r---:-' - --- .--
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Shirley Horton, Mayor " [, ' ¡c",r-
i ' '. JJN -1 _-î
City ofChula Vista \U": , i I
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276 Founh Avenue ~: '~-: :.\.':'-'~
Chula Vista, CA 91910 ! C,'" "-",' ~;
Dear Mayor Horton:
The Cmbrella Board of the Friends of the Chula Vista Library asks you to vote in favor ofa reSolulion of
support for the proposed county-wide one-quarter cent sales tax for libraries. This resolution, which wi1l
come before you in mid-June. will help 10 ensure that such a measure is placed on the November generaJ
election ballol. The tax. which would be collected for five years, requires a two-thirds vote of the people.
"ow, more than ever. libraries need financial stabilily in order to accomplish their goals. Although Chula
\'ista is blessed with a wonderful library system, much more needs to be done. For example, the $3
million raised annually could be used to improve services for children. restore the circulating book budget
(the general fund supported circulating book budget has decreased 73°;' since 1992-93), ensure that the
IibraI) is the main community access point to the Internet and provide it with the technologies necessary to
guide Chula \ïstans into the 2] st century. Other options include increasing the hours at the South Chula
\ "ista Library or even constructing the Rancho Del Rey Library years earlier than currently planned.
Thank you for your past support of the librar)' and for your consideration of the resolution of support for
thc one·quarrer cent sales lax for libraries. Please help ensure this measure reaches the ballot and allows
the people to decide.
51,,",'d M
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Harry LaBo , Robert MacKenzie, T
, PresIdent
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·:.-}.á-?//'~? ..+rr:;,({ /
Ronnie Berman. Secreta!)' Frances Reeves. Member-at-Large
r ~~l""~~' ð
Betty Roche, Member-at-Large
Suzan ~ung, Progr hai
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Sandy Pasqua. Publicity Chair Œas, Civic Cent~r--:-,
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Frank Roseman, Heritage !'vluseum Da\id Perez. SCVL/Liter :) Team
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