Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 1999/05/18
May 13,1999 FROM: The Honorable Mayor and City Council / \\ I David D. Rowlands, Jr., City Manage-rc>e.~(ÿiV\ ~ City Council Meeting of May 18, 1999 TO: SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, May 18, 1999. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions take in Closed Session on 5/11/99, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS lETTER BE RECEIVED AND FilED. 5b. IT IS RECOMMENDED THAT THOMAS J. RODRIGO'S RESIGNATION FROM THE ECONOMIC DEVELOPMENT COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK'S OFFICE BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. DDR:mab .-.._-~_..,._~---_.-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May ]8,1999 6:00 PM A Regular Meeting of the City Council of the City ofChula Vista was called to order at 6:02 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue. Chula Vista, California. CALL TO ORDER I. ROLL CALL: PRESENT: Council members Davis, Moot, Padilla, Salas, and Mayor Horton. Councilmember Padilla arrived at 6 15 p.m ABSENT: None 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of May 4, 1999 (Regular Meeting of the City Council) and May] ], ] 999 (Joint Meeting of the Redevelopment Agency and City Council). ACT]ON: Mayor Pro Tern Salas moved to approve the minutes as submitted. Councilmember Davis seconded the motion, and it carried 4-0, with Councilmember Padilla not yet present. 4. SPECIAL ORDERS OF THE DAY A. Ron Bolles, from Bonita Vista Music Machine, presented a gift from the City of Odawara to Mayor Horton. B. Joe Amaro, Director of the Miss Chula Vista Pageant, was not present and will introduce Miss Chula Vista Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo at a future meeting. C. Proclaiming the week of May 16 through May 22,1999 as "Public Works Week." Mayor Horton read the proclamation, and Mayor Pro T em Salas presented it to John Lippitt, Director of Public Works. CONSENT CALENDAR (Items 5 through 12) Councilmember Moot asked that Item #7 be removed from the Consent Calendar for separate consideration. A member of the audience asked that Item # J 2 be removed for separate consideration. Co unci I member Davis stated that she would abstain on Item #9, Mayor Pro Tern Salas stated that she would abstain on Item # I 0, and Councilmemher Moot stated that he would abstain on Item #] 2 --....--.....----..--.------ CONSENT CALENDAR (Continued) 5. WRJTTEN COMMUN1CATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May] ], 1999, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from the Economic Development Commission - Thomas 1 Rodrigo. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. RESOLUT10N ]9455, APPROVING THE FIRE STAT10N NUMBER 4 FOURTH DEFERRAL AGREEMENT This is the fourth deferral agreement with regard to the construction of the new Fire Station Number 4 in Rancho del Rey, off of East "H" Street. The City's current agreement with Rancho del Rey lnvestors, L.P. to extend the deferral for the advancement of funds for relocating Fire Station Number 4 was predicated upon the City adopting an updated Public Facilities Development lmpact Fee Program by June ], 1999. As the Public Facilities Development lmpact Fee Program will not be presented to Council for action until after June 1, 1999, an extended deferral agreement is again necessary. Staff recommendation: Council adopt the resolution. (Fire Chief and Deputy City Manager) 8. RESOLUT10N 19457, ACCEPTING BJDS AND AWARDING CONTRACT FOR "SIDEWALK REHABILITATION AT VARIOUS LOCAT]ONS IN THE ClTY (STL-203)" PROJECT On March 3], ] 999, sealed bids were received. The work consists of the removal and replacement of displaced curbs, gutters. sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements. other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. Staff recommendation: Council adopt the resolution. (Director of Public Works) 9. RESOLUTION 19458, APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SP ACE MAINTENANCE DISTRICTS 1-9, II, 14, ]5,17,18,20,23,24,26,31, AND 33 DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 PM. AND JULY 13, 1999 AT 600 PM AS THE DATES AND TIMES FOR THE PUBUC HEARINGS Page 2 0511 8/99 CONSENT CALENDAR (Continued) The City administers 25 open space districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Staff recommendation: Council adopt the resolution. (Director of Public Works) ] O. RESOLUTION 19459, APPROVlNG THE ENGINEER'S REPORT FOR THE FISCAL YEAR ] 999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT] 0, DECLARING THE INT¡:;NT10N TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22,1999 AT 6:00 P.M. AND JULY 13, 1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item was separated due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution. (Director of Public Works) 1 I. RESOLUT10N 19460, APPROV]NG THE ENG1NEER'S REPORT FOR FISCAL YEAR J 999/2000 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DlSTRlCT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22,1999 AT 600 PM Al'm JULY 13,1999 AT 600 PM AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item was separated due to conflict of interest concerns, since a Councilmember owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution. (Director of Public Works) ACTION Mayor Horton offered Consent Calendar hems #5, #6, and #8 through I ], headings read, texts waived. The motion carried 5-0, except on Item #9, which carried 4-0-J, with Councilmember Davis abstaining, and on hem #]0, which carried 4-0-1, with Mayor Pro Tern Salas abstaining: 7. RESOLUT10N 19456, AUTHORIZING THE 1SSUANCE OF ENCROACHMENT PERMIT NUMBER PE-452 TO BUILD A GASOLI1\!£ F AC1L1TY OVER AN EX1STING 20 FOOT PUBLIC STORM DRAIN EASEMENT AT 1144 BROADWAY The owners of the property located at 1144 Broadway (Costco Wholesale) are proposing to build a Costco retail gasoline facility which partially encroaches over an existing public storm drain easement. The owners have requested the City to grant an encroachment permit to allow a portion of the gasoline facility to be built on top of the existing public storm drain easement. Staff recommendation: Council adopt the resolution. (Director of Public Works) Page 3 05/18/99 CONSENT CALENDAR (Continued) Council member Moot commended staff on moving forward with this item in an expedient manner. ACTION: Council member Moot offered Resolution #] 9456, heading read, text waived. The motion carried 5-0. 12. RESOLUT10N 19461, AÙTHORlZING THE 1SSUANCE OF ENCROACHMENT PERMIT NUMBER PE-453 FO~ CONSTRUCTION OF TWO ENTRY ACCENT WALLS PROPOSED FOR THE MCM1LLIN OT A Y RANCH SPA 1, PHASE I, WITHIN PUBUC DRAINAGE EASEMENT AND AN ASS1GNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT ON BOTH SIDES OF LA MEDIA ROAD SOUTH OF TELEGRAPH CANYON ROAD McMillin Otay Ranch, LLC., is proposing to construct two entry accent walls along La Media Road, south of Telegraph Canyon Road, within a public drainage easement and an assignable and irrevocable general utility and access easement. According to Section 12.28 of the Municipal Code, any permanent structures built within any public easement, such as permanent accent walls, require Council approval utilizing the encroachment permit process. Staff recommendation: Council adopt the resolution. (Director of Public Works) Carolyn Butler, 97 Bishop Street, asked if the encroachment impacts any drainage or pump station. Staff responded negatively. Ms. Butler stated that she did not want filtered water on her property. ACTION: Mayor Horton offered Resolution # 19461, heading read, text waived The motion carried 4-0-1, with Councilmember Moot abstaining. ORAL COMMUNICAT10NS Carolyn Butler, 97 Bishop, asked about the definition of "misleading" and the Brown Act. PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 13. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EX1STING TRANSPORTATJON DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 4, 1999) Staff recommendation: The public hearing be continued to June 8, 1999. (Director of Public Works) ACTJON Mayor Horton moved to continue the item to June 8, 1999, as recommended by staff. Council member Davis seconded the motion, and it carried 5-0. Page 4 05/18/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) 14. PUBLlC HEARING PCM 99-09/PCC 99-31; CONSIDERA T10N OF AN AMENDMENT TO THE RANCHO DEL REY SPA I COMMERCIAL DISTRlCT REGULATIONS TO ALLOW SELF-STORAGE FACILITY TO BE CONSTRUCTED AT 8] 0-812 LAZO COURT - CASTER GROUP, LP. Staff recommendation: The 'public hearing be continued to June 8, 1999. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the hearing. ACT10N: Councilmember Salas moved to continue the hearing to June 8, 1999, as recommended by staff. Council member Davis seconded the motion, and it carried 5-0. 15. PUBLlC HEARING ON CONSIDER1NG AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EX1STING FEES FOR AN1MAL SHELTER SERV1CES (CONTINUED FROM MAY 4, 1999) RESOLUT10N 19462, AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXlSTING FEES AND EST ABLlSH NEW FEES FOR ANIMAL SHELTER SERVICES The proposal is to amend the Master Fee Schedule to adjust existing fees and establish new fees for animal control services. These fees are a part of a comprehensive business plan for the animal control shelter and construction of the new animal shelter facility. All changes to the fees proposed are to be effective July I, ] 999. Staff recommendation: Council adopt the resolution (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the hearing and asked if anyone from the audience wished to speak There being no one, Mayor Horton closed the hearing. Mayor Horton acknowledged the letters of support for the fee increases. ACTION: Mayor Horton offered Resolution # 19462, heading read, te>.1 waived. The motion carried 5-0. Page 5 05/18/99 ACTION ITEMS ]7. RESOLUTION 19464, APPROVING THE PRELIMINARY FINANCE PLAN AND PROPOSED DESIGN FOR CONSTRUCTION OF THE NEW ANIMAL CARE FACILITY The proposed funding plan is to be used to finance the new animal care facility. Staff recommendation: Cou~cil adopt the resolution. (Chief of Police) This item was taken out of order. Staff and project architects provided Councn with a status update on construction costs, project schedule, and design plans for the new animal care facility, which is scheduled to be completed by July, 2000. JoAnn D' Aquila, 337 Fifth Avenue, representing the Pets Welfare Foundation, asked the Council to honor its commitment to animals made two years ago. Sallye Graves, 194 E. Millan, a volunteer at the shelter, spoke in support of the proposed facility to benefit animals and staff Carolyn Butler, 97 Bishop, spoke in favor of the proposed shelter. Betsy Anderson, 11 19 Flora Avenue, stated that the proposed shelter will be beneficial to the animals and the City ofChula Vista. Mayor Horton commended the architect for the design and stated that the facility will enhance the southern section ofChula Vista. She expressed concerns about the increased costs of the proposed shelter and the possibility that the public might feel the City supports animals over children, since the YMCA facility in Rancho Del Ray had to use trailers for office space to off-set its increased costs. City Manager Rowlands stated that the shelter will have no impact on the general fund and will provide a long-term solution to address the City's animal shelter program. Mayor Pro Tern Salas commented that the City Charter prohibits a design/build process and needs to be amended. Councilmember Davis stated that if the City is going to huild the shelter, it needs to be done right. Councilmember Moot asked if the state-imposed mandate included funding. ] ntergovernmental Affairs Coordinator Colleen Kelly stated that the initial bill contained a small amount of funding. Councilmember Moot suggested that information concerning this legislation be given to animal supporters in the community so they can write letters to the state to support state funding. He also stated that the animal shelter is a long-term investment for the City. Page 6 05/18/99 ACTION ITEMS (Continued) Mayor Horton commended the animal supporters in the audience for their endorsement of the shelter and their belief that Chula Vista is capable of handling its own animal shelter program Councilmember Padilla stated that the City needs to plan for the long term, and Councilmembers need to be advised on the status of the legislation. ACTION: Mayor Horton offered Resolution #19464, heading read, tex1 waived. The motion carried 5-0. ]6. RESOLUTION 19463, APPROVING A GRAFF1TI ERAD1CATION BUDGET REALLOCATION POLICY The purpose of the policy is to provide a positive financial incentive and reinforcement through peer pressure to help reduce and stop graffiti. Staff recommendation: Council adopt the resolution. (Deputy City Manager) Former Councilmember Len Moore stated that graffiti is a crime that adds costs to the business community and private property owners. Councilmember Davis agreed that graffiti has an adverse effect on the business community, and the cost to eradicate it is high. She indicated her support of the proposed program. ACTION: Mayor Horton offered Resolution #19463, heading read, text waived. The motion carried 5-0. OTHER BUSINESS ]7. CITY MANAGER'S REPORTS There were none. 19. MAYOR'S REPORTS A. RESOLUTION ]9465, SUPPORTING SB 911 (FIGUEROA), EMERGENCY CARE· B. RESOLUTION 19466, OPPOSING AB 842 (MIGDEN), CHARTER SCHOOLS C. RESOLUTION 19467, OPPOSING AB 1626 (MIGDEN), BU1LDlNG ST ANDARDS SB 91 I, AB 842 and AB 1626 are pieces of legislation on which the City has been asked to take a position but which do not fall within the guidelines of the City's adopted legislative program. As a result, the three bills were brought forward to the City Council for consideration. Recommendation: Council adopt the resolutions Page 7 0511 8/99 --.,_....-._---"'._,.,~-_.._----_..._._--_.._--_._-_.._,._-... ..--....-- .- OTHER BUSINESS (Continued) ACTION: Mayor Horton offered Resolution # 19465, heading read, text waived. The motion carried 5-0. ACTION: Mayor Horton stated that Resolution # 19466 will be continued indefinitely. ACTION: Mayor Horton offered Resolution # 19467, heading read, text waived. The motion carried 5-0. 20. COUNCIL COMMENTS Councilmember Padilla thanked his intern Lisa Duerfeldt for her work on his behalf and acknowledged that she will be completing her degree. At 7:43 p.m., Mayor Horton recessed the meeting to closed session. CLOSED SESSION 1. CONFERENCE WlTH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECT10N 54956.9(A) REGARDING EXISTING LlTIGATION Fritsch v. City ofChula Vista. lnstructions were given to legal counsel. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately 7 acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course. Negotiating Parties: City of Chula Vista (Chris Salomone) and Diamond Development Company. Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property. lnstructions were given to the negotiator ADJOURNMENT At 8:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May 25, 1999, at 6:00 p.rn. in the Council Chambers. ~ Respectfully submitted, /.ižiLLrl~cg~ Susan Bigelow, CMC/AAE, City Clerk Page 8 05/18/99 "I declare under penalty of perjury that' am employed by the City of Chule 'Iista in the Office of the City Clcr!¡ and that I posted thit! Agenda Notice on the Bulletin Board at . Tuesday, May] 8, 1999 the Public ervic 5 Building .aR.4 _l 8:'.1 11...11 on CouncIl Chambers 6:00 p.m. DATED, SIGNED 6~~~ PUblic Services Building (immediately following the City Counci eeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted 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 offinal 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 terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9(a) _ Fritsch v. City ofChula Vista. CONFERENCE WITH REAL PROPERTY NEGOTlA TOR- Pursuant to Goverment Code Section 54956.8 - Property: Approximately 7 acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course. Negotiating Parties: City of Chula Vista (Chris Salomone) and Diamond Development Company. Under Negotiation Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property. --'-----_.._._.__...._--_._._.."~.- 1. ROLL CALL "I declare under~/W>df perjury that I am employed by the City of Chula Vista in the Office of the City Clerk end tile! I posted 6:00 p.m. this Agenda/Notice on the Bulletin Board at the Pu~~?~ Building and aj~on DATED SIGNED U.~.--......" Council members Davis, Moot, Padilla, Salas, and Mayor Horton. May 18, 1999 CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of May 4, 1999 (Regular Meeting of the City Council) and May 11, 1999 (Joint Meeting of the Redevelopment Agency and City Council). 4. SPECIAL ORDERS OF THE DAY A. Ron Bolles, from Bonita Vista Music Machine, will present a gift from the City of Odawara. B. Joe Amaro, Director of the Miss Chula Vista Pageant, will introduce Miss Chula Vista, Anika Dominguez, First Princess Claudia Gongora, Second Princess Jennifer Rowell, and Miss Congeniality Lillianna Montijo. C. Proclaiming the week of May 16 through May 22, 1999 as "Public Works Week." Mayor Horton will present the proclamation to John Lippitt, Director of Public Works. CONSENT CALENDAR (Items 5 through 12) The st'!ff recommendations regarding the following items listed under the ('onsent Calendar will he enacted hy the Council hy one motion. withollt discllssion, IInless a Councilmemher, a memher {!l the pllhlic. or City staff reqllests that the item he removedfor discussioll. (fyolI wish to speak on one {!fthese items, please.ftll out a "Request to Speak " form (availahle in the lohhy) and sllhmit it to the City Clerk prior to the meeting. Items¡mlledfrom the COlISent Calendar will he discussed after Action Items. Items p"lled hy the pllhlic will he the.ftrst items of husiness. 5. WRITTEN COMMUNICATIONS A Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May II, 1999, there were no actions taken which are required under the Brown Act to be reported Staff recommendation: The letter be received and filed. B. Letter of resignation from the Economic Development Commission - Thomas 1. Rodrigo. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. ------.-...--,-"-.-. ...-.--.--..-.--..... .._---"._._~-,_.~~..._._.._. Agenda 2 May 18,1999 6. RESOLUTION 19455, APPROVING THE FIRE ST AnON NUMBER 4 FOURTH DEFERRAL AGREEMENT This is the fourth deferral agreement with regard to the construction of the new Fire Station Number 4 in Rancho del Rey off of East "H" Street. The City's current agreement with Rancho del Rey Investors, L.P. to extend the deferral for the advancement of funds for relocating Fire Station Number 4 was predicated upon the City adopting an updated Public Facilities Development Impact Fee Program by June I, 1999. As the Public Facilities Development Impact Fee Program will not be presented to Council for action until after June I, 1999, an extended deferral agreement is again necessary. Staff recommendation: Council adopt the resolution. (Fire Chief and Deputy City Manager) 7. RESOLUTION 19456, AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMlT NUMBER PE-452 TO BUILD A GASOLINE FACILITY OVER AN EXISTING 20 FOOT PUBLIC STORM DRAIN EASEMENT AT 1144 BROADWAY The owners of the property located at 1144 Broadway (Costco Wholesale) are proposing to build a Costco Retail Gasoline Facility which partially encroaches over an existing public storm drain easement. The owners have requested the City to grant an encroachment permit to allow a portion of the gasoline facilities to be built on top of the existing public storm drain easement. Staff recommendation: Council adopt the resolution. (Director of Public Works) 8. RESOLUTION 19457, ACCEPTING BIDS AND AWARDING CONTRACT FOR "SJDEWALK REHABILITATION AT VARIOUS LOCATIONS IN THE CITY (STL- 203)" PROJECT On March 31, 1999, sealed bids were received. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. Staff recommendation: Council adopt the resolution. (Director of Public Works) 9. RESOLUTION 19458, APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, II, 14, 15, 17, 18, 20, 23, 24, 26, 31, AND 33 DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P.M. AND JULY 13, 1999 AT 6:00 PM. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS The City administers 25 open space districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, - ---_~._.,_._ '._.___ ~_.._,."_"_,_ . __"._'·_.·m_.._.~" __,_,_, '. Agenda , J May 18,1999 a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Staff recommendation: Council adopt the resolution. (Director of Public Works) 10. RESOLUTION 19459, APPROVING THE ENGINEER'S REPORT FOR TIIEFISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22,1999 AT 6:00 PM. AND JULY 13, 1999 AT 6:00 PM. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item has been separated due to conflict of interest concerns since a Council member owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution. (Director of Public Works) I L RESOLUTION 19460, APPROVING THE ENG1NEER'S REPORT FOR FISCAL YEAR 1999/2000 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22,1999 AT 600 PM AND JULY 13,1999 AT 600 PM AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS Based on the advice of the City Attorney, this item has been separated due to conflict of interest concerns since a Councilrnember owns property subject to the proposed assessment in this district. Staff recommendation: Council adopt the resolution. (Director of Public Works) ]2. RESOLUTION 19461, AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-453 FOR CONSTRUCTION OF TWO ENTRY ACCENT WALLS PROPOSED FOR THE MCMILLIN OT A Y RANCH SP A I, PHASE I, WITHIN PUBLIC DRAINAGE EASEMENT AND AN ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT ON BOTH SIDES OF LA MEDIA ROAD SOUTH OF TELEGRAPH CANYON ROAD McMillin Otay Ranch, LLC., are proposing to construct two entry accent walls along La Media Road south of Telegraph Canyon Road within a public drainage easement and an assignable and irrevocable general utility and access easement. According to Section 12.28 of the Municipal Code, any permanent structures built within any public easement, such as permanent accent walls, require Council approval utilizing the encroachment permit process. Staff recommendation: Council adopt the resolution. (Director of Public Works) ORAL COMMUNICATIONS PUBLIC HEARINGS AND RELA TED RESOLUTIONS AND ORDINANCES The following items have heen advertised aI/dol' posted as puhlic hearingl' as required hy law. If you wish to speak to any item. please fill out a "Reqllestlo Speak " form (availahle il/ Ihe lohhy) and suhmit It to Ihe Cily Clerk prior 10 the meeling. -_._----~--~_._,._..._--_._-_._-_._.---~-------_._--_.'.."-_._-_._...~ Agenda 4 May 18,1999 13. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 4, 1999) Staff recommendation: The public hearing be continued to June 8, 1999. (Director of Public Works) 14. PUBLIC HEARlNG PCM 99-09/PCC 99-31; CONSIDERAT10N OF AN AMENDMENT TO THE RANCHO DEL REY SPA I COMMERCIAL DISTRlCT REGULATIONS TO ALLOW SELF-STORAGE FACILITY TO BE CONSTRUCTED AT 810-812 LAZO COURT - CASTER GROUP, LP. Staff recommendation: The public hearing be continued to June 8, 1999. (Director of Planning and Building) 15. PUBLIC HEARING ON CONSIDERlNG AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES FOR ANIMAL SHELTER SERVICES (CONTINUED FROM MAY 4, 1999) RESOLUTION 19462, AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES AND EST ABLISH NEW FEES FOR ANIMAL SHELTER SERVICES The purpose of this report is to amend the Master Fee Schedule to adjust existing fees and establish new fees for animal control services. These fees are a part of a comprehensive business plan for the animal control shelter and construction of the new animal shelter facility. AU changes to the fees proposed are to be effective July I, 1999. Staff recommendation Council adopt the resolution. (Chief of Police) ACTION ITEMS The items listed in this section o! the agenda are expected to elicit substantial discussions and deliberations by the Council, statl or members o! the public. The items will be considered individually by the Council, and staf! recommendations may, in certain cases, be presellled in the alternative. ¡!you wish to speak on any item, please fill out a "Request to Speak "form (available in the lobby) and submit it to the City Clerk prior to the meeting 16. RESOLUTION 19463, APPROVING A GRAFFITI ERADICATION BUDGET REALLOCATION POLICY The purpose of this policy is to provide a positive financial incentive and reinforcement through peer pressure to help reduce and stop graffiti. Staff recommendation: Council adopt the resolution. (Deputy City Manager) - _._._,--"'--".._,_._..~_._-._ _·__"···__·_+·_·'·_·__""_··'_·'·__'___·+~n'.~._·' Agenda 5 May 18, 1999 17. RESOLUTION 19464, APPROVING THE PRELIMINARY FINANCE PLAN AND PROPOSED DESIGN FOR CONSTRUCTION OFTHE NEW ANIMAL CARE FACILITY This report will describe the proposed funding plan to be used in financing the new animal care facility and will provide Council with a status update on construction costs, project schedule, and design plans for the new animal care facility scheduled to be completed by July, 2000. Staff recommendation: Council adopt the resolution. (Chief of Police) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 18. CITY MANAGER'S REPORTS A. Scheduling of meetings. 19. MAYOR'S REPORTS A. RESOLUTION 19465, SUPPORTING SB 911 (FIGUEROA), EMERGENCY CARE B. RESOLUTION 19466, OPPOSING AB 842 (MIGDEN), CHARTER SCHOOLS C. RESOLUTION 19467, OPPOSING AB 1626 (MIGDEN), BUILDING ST ANDARDS SB 911, AB 842 and AB 1626 are pieces of legislation on which the City has been asked to take a position but which do not fall within the guidelines of the City's adopted legislative program. As a result, the three bills are being brought forward to the City Council for consideration. Recommendation: Council adopt the resolutions. 20. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of May 25, 1999, at 6:00 p.m. in the Council Chambers. ***A Special Joint Meeting of the Redevelopment Agency, City Council and Housing Authority will be held immediately following the City Council Meeting. *** ~-_._--'--"---------~'---'---'-'---""'- ~~~ ii!e!iiii ~~~~ ~~~~ CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: May 12, 1999 To: The Honorable Mayor and City Council John M. Kaheny, City Attorney ~~ Report Regarding Actions Taken ~n Closed Session for the Meeting of 5/11/99 From: Re: The City Council met in Closed Session on 5/11/99 to discuss: CONFERENCE WITH LEGAL COUNSEL REGARDING: . Significant exposure to litigation pursuant to Government Code Section 54956.9(b): One case . Initiation of litigation pursuant to Government Code Section 54956.9 (c): One case CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government code Section 54957.6: Agency negotiator: David Rowlands, or designee, for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employees: Executive Management, Mid-Management, and unrepresented. The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk H:\home\lorraine\lt\clossess.no s/?-/ 276 FOURTH AVENUE, CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619 409-5823 i';PœI-0:ruTøFltqdadPope" May 5, 1999 RECEIVËO '9) l'Ifty -6 A8 :49 CITY OF CHULA V/Sì CITY CLERK'S OFFìcf Economic Development Commission City of ChuIa Vista 276 Fourth Avenue Chula Vista, CA 91910 To Who It May Concern, Due to my increased responsibilities as a Principal at Southwest Junior High School and as a Doctoral student at both SDSU and Claremont Col1ege, I must resign my duties as a member of the Economic Development Commission effective immediately. Sincerely, !!:;---d' ~ é'c.' , WRITTEN COM,.-\UNlCATlO~S -Ø-Y1J ~ 'i;Š- (3) r Q)~~~ S(J---/ ---.-..-----..-"..,--.-..'--.--.....-...--...-.-------,., COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Agreement. Fire Chief ÇÏfIt- ~ Deputy City Manager City Manag~ 'U/7 Item~ Meeting Date 5/18/99 / '1 ¥5'~pprOVing the Fire Station NO.4 Fourth Deferral SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes_NojU This is the fourth (and anticipated as the final) deferral agreement with regard to the construction of the new Fire Station #4 in Rancho del Rey off of East 'H' Street. The City's current agreement with Rancho Del Rey Investors, L.P. (the McMillin Companies) to extend the deferral for the advancement of funds for relocating Fire Station No.4 was predicated upon the City adopting an updated Public Facilities Development Impact Fee Program (PFDIF) by June 1, 1999. As the PFDIF will not be presented to the City Council for action until after June 1, 1999, an extended deferral agreement is again necessary. RECOMMENDATION: That Council approve the Resolution extending the final date for which advance funds from McMillin would be due if not otherwise paid pursuant to the terms of the Fourth Deferral Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: (Note: The background and discussion information which follows is virtually identical to that which the Council approved on December 15, 1998 with the Third Deferral Agreement.) The purpose of this item is to consider deferring again the obligation of the Rancho del Rey Investors, L.P. (the McMillin Companies) to advance funds for relocating Fire Station NO.4 from the current site on Otay Lakes Road to the approved site in Rancho del Rey on Paseo Ranchero north of East "H" Street. The original request was to defer the payment until the adoption of the revised Public Facilities DIF or July 1, 1998, whichever occurs first. The Second Deferral Agreement extended that period until December 15, 1998, and the Third Deferral Agreement extended the period until June 4, 1999. Backaround In July of 1995, the City and McMillin agreed upon terms and conditions including financing for a new relocated fire station in Rancho del Rey (Attachment 'A'). The terms of this agreement ("Agreement") were memorialized as condition #53.5 in the project's final map supplemental subdivision improvement agreement, and included a provision for McMillin to deposit with the City on February 1,1998, an advance of $598,600 adjusted upward for inflation from February, 1996. ¿--j Item: Meeting Date: 5/18/99 Page: 2 The funds are for the construction of a 4,000 square-foot 2-bay fire station including furnishings. With, however, the Public Facilities Development Impact Fee Program (PFDIF) and the 1989 Fire Station Master Plan being updated, the City approved a request by McMillin to defer the payment of the advance funds until such time as the update to the PFDIF was complete, or until July 1, 1998, whichever occurred first. PFDIF Update and the Fire Station Master Plan The revised Fire Station Master Plan and the technical work for the PFDIF Update have been completed. With the annexation of the Otay Ranch Western Parcel and a revised fire station system, the Fire Station Master Plan suggests that fire station needs be addressed differently and more globally through the Fire DIF fee than they have in the past. This approach, when fully laid out and presented to Council with the Master Plan, could affect both the amount of the obligation McMillin (as well as other developers) have for providing fire protection facilities and the timing of those obligations. Although the revised Fire Station Master Plan has been completed, it is desirable to have it reviewed as part of the overall PFDIF update. In that way, the new fee for fire- related facilities and equipment can be properly assessed within the context of the overall citywide fee for public facilities. For the above-stated reason, it made sense to defer McMillin's February 1,1998 obligation (as long as it had no negative impact on City fire operations, capital improvement planning, or the threshold standard) until the City Council received all the necessary information and made a final policy decision on both the Fire DIF fee and Master Plan updates. That information was anticipated to be brought forward to Council by June 1, 1999. However, due to some minor scheduling factors, the update should be ready for Council action sometime in June, 1999. Consequently, Staff is recommending that the advance payment funds be deferred again to permit sufficient time to finalize the PFDIF with the stakeholders, and bring it forward for Council review and subsequent implementation, as appropriate. Status/Timina for the Construction of the New Fire Station No.41 and Trainina Classroom The project architect is in the process of completing the design for the fire station and training classroom. The updated project schedule estimates the construction of the fire station to begin in September, 1999; the advance funds from McMillin will need to be available to the City shortly thereafter. The current schedule for the construction of the new Fire Station #4 is such that the deferral is of no consequence. Terms Under a Revised Deferral Aareement The following terms have been agreed to by McMillin to make payments against their obligations with reference to circumstances where the revised PFDIF is adopted, and those where it may not be ultimately adopted. The terms below are substantially the same as those previously approved with the Third Deferral with the exception of the following: -Reference to the non-reimbursable portion of the payment has been deleted due to the fact that McMillin satisfied the provision entirely with a payment on December 18,1998. -McMillin has agreed to pre-pay the DIF fees for units to be permitted after June 1, 1999 at the rate of $203 per unit (the rate to be proposed in the PFDIF Update.) ¿'-..2, . --------~-----.--~-~---~--"-_.__.._-----_..__.---_...,. Item: Meeting Date: 5/18/99 Page: 3 1. On or before June 1, 1999, Developer shall pay to City a lump sum payment as follows: a. For all building permits issued during the period January 1 to June 1, 1999, for which no Fire Development Impact Fees (Fire DIF) have yet been paid: payment shall be made at the rate of $141 per unit. b. For all remaining building permits which will be issued subsequent to June 1, 1999: payment shall be made at the rate of $203 per unit. 2. Should the revised PFDIF not be adopted by the City on or before January 1, 2000, City and Developer agree that the final date for payment of the Advance Amount as referred to in the Deferral Agreement dated February 17, 1998 ($647,202 plus interest from February 1, 1998 at the City's Pooled Investment Rate, adjusted monthly), shall be deferred to January 4, 2000, at which date it shall be paid in full. Those funds paid pursuant to Paragraph 1 of this Fourth Deferral Agreement shall be credited against the Advance Amount due on January 4, 2000. 3. Developer's existing performance bond with the City shall remain in effect until Developer's obligations as set forth in this Fourth Deferral Agreement have been satisfied. FISCAL IMPACT: In accordance with the terms of the Second Deferral agreement, McMillin paid the City $79,383 on July 14, 1998 for 563 units which had been permitted and for which Fire DIF fees had not been paid as of July 1, 1998, and under the Third Deferral Agreement, McMillin also paid on December 18, 1998, $35,532 for 252 units which had been permitted since July 1, 1998 (through December 31, 1998) and for which Fire DIF fees had not been paid. In addition, McMillin also paid $132,049 which is the non-reimbursable portion of the total owed. To date, the City has received a total of $246,964 on this project. By June 1, 1999, the City will receive an estimated $21,470 for units which had been permitted since December 31, 1998 (through June 1, 1999) and for units to be remitted after June 1 at the higher rate. The City then will have received an estimated $268,434 by the end of this fiscal year. This deferral does not waive the previously agreed-upon commitment, nor the amount of the obligation, but merely allows for its enforcement at a later date. Additionally, the time frame of the deferral will not affect the ability of the City to proceed with the completion of the fire station design, preparation of bid documents, or the construction schedule for Fire Station No.4. ~ --] -_._----._._---_.~--"_._~_._._,.._.__....._,- RESOLUTION NO. J'f~// RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRE STATION NO. 4 FOURTH DEFERRAL AGREEMENT WHEREAS, the City's current agreement with Rancho Del Rey Investors, L.P. (the McMillin Companies) to extend the deferral for the advancement of funds for relocating Fire Station No. 4 was predicated upon the City adopting an updated Public Facilities Development Impact Fee Program (PRDIF) by June 1, 1999; and WHEREAS, as the PFDIF will not be presented to the City Council for action until after June 1, 1999, an extended deferral agreement is again necessary. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve the Fire station No. 4 Fourth Deferral Agreement, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor 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 James B. Hardiman, Fire Chief i···~'~ (.../ - - John . Kaheny, City Att ney H: \home\lorraine\rs\firedef. 4th ~---Ij --_.~--.."._-----~_.._-~~_..._...._._.._--_._-----_._- FIRE STATION NO. 4 FOURTH DEFERRAL AGREEMENT This Fourth Deferral Agreement is made this day of May, 1999, by and between the City of Chula Vista, California and Rancho del Rey Investors, L.P., with reference to the facts set forth below, which recitals constitute a part of this agreement: WHEREAS, the City of Chula Vista ("City") and Rancho del Rey Investors, L.P. ("Developer") entered into a Supplemental Subdivision Improvement Agreement ("Agreement") on July 5, 1995, whereby Developer agreed to advance funding for Fire Station No. 4 by a certain date; and WHEREAS, City and Dev\1loper entered into a deferral agreement ("Deferral Agreement") on February 17,1998, whereby the Agreement was modified to defer the advance funding payment for Fire Station No. 4 until July 1, 1998; and WHEREAS, City and Developer entered into a deferral agreement ("Second Deferral Agreement") on June 23, 1998, whereby the Agreement was modified to defer the advance funding payment for Fire Station No. 4 until December 15, 1998; and WHEREAS, City and Developer entered into a deferral agreement ("Third Deferral Agreement") on December 15, 1998, whereby the Agreement was modified to defer the advance funding payment for Fire Station No. 4 until June 4, 1999; and WHEREAS, on July 15, 1998, in accordance with the terms of the Second Deferral Agreement, Developer paid to City the sum of $79,383 for Fire Development Impact Fees for 563 units permitted as of July 1, 1998 in Rancho del Rey SPA III; and WHEREAS, on December 18, 1998, in accordance with the terms of the Third Deferral Agreement, Developer paid to City the sum of $167,581 for Fire Development Impact Fees for 252 units permitted in Rancho del Rey SPA III as of December 31, 1998 ($35,532), and $132,049 a$ the non-reimbursable portion of the Agreement ($125,000 plus interest accrued); ¡:¡nd WHEREAS, the parties now wish to extend the deferral period as the revised Public Facilities Development Impact Fee Program (PFDIF) will not be presented to the City Council for action until after June 1, 1999; and WHEREAS, Developer, in anticipation of the adoption of the revised PFDIF, desires to pay the DIF fees for the remaining units at the proposed new rate at the same time as the payment is made for the units which have been permitted since January 1, 1999; and 1 /' t-J? WHEREAS, Developer acknowledges that the revised PFDIF mayor may not be adopted by City. NOW, THEREFORE, City and Developer agree as follows: 1. On or before June 1, 1999, Developer shall pay to City a lump-sum payment as follows: a. For all building permits issued during the period January 1 to June 1, 1999, for which no Fire Development Impact Fees (Fire DIF) have yet been paid: payment shall be made at the rate of $141 per unit. b, For all remaining building permits which will be issued subsequent to June 1, 1999: payment shall be made at the rate of $203 per unit. 2, Should the revised PFDI:= not be adopted t.¡ t¡ ,e City on or before January 1, 2000, City and Developer agree that the final date for payment of the Advance Amount as referred to in tile De~arral Agreement dated February 17, 1998 (~e47,202 !,h,'S interest fro"., February 1, 1998 at the City's Pooled Investment Rate, adjusted monthly), shall be deferred to January 4, 2000, at which date it shall be paid in full. Those funds paid pursuant to paragraph 1 of this Fourth Deferral Agreement shall be credited against the Advance Amount due on January 4, 2000. 3. Developer's existing performance bond with the City shall remain in effect until Developer's obligations as set forth in this Fourth Deferral Agreement have been satisfied. 2 t> -~ ·-_·___·_·"·___·____~__·___·k_. SIGNATURE PAGE TO FIRE STATION NO.4 Fuü"ï¡; i)ï:F~R¡';AL ""GFŒï:lvlENT IN WITNESS WHEREOF, the parties hereto have caused this Fourth Deferral Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA RANCHO DEL REY INVESTORS, L.P. A California limited partnership By: Shirley Horton, Mayor By: McMillin Project Services, Inc. a California Corporation, As Attorney-In-Fact under Durable Power of Attorney Attest: Susan Bigelow City Clerk Approved as to form: By: tf:¿¡¿...uI ~ Name: i!~w«l-t., ~ ~ ,.. .~ Title: f'r"'j ~~J?ì¡C~ ~o . Kaheny City Attorney 3 ¿'~7 ----.----.-..-......--......-..--.--..-.-.-.-..---------.-..-...--.,.." COUNCIL AGENDA STATEMENT ITEM TITLE: Item~ Meeting Date 05/18/99 Resolution )9 ~uthorizing the issuance of Encroachment Permit No. PE-452 to build a gasoline facility over an existing 20 foot public storm drain easement at 1 144 Broadway SUBMITTED BY: Director of Public Worksf} ~ REVIEWED BY, CityMm..~ ~ ® The owners of the property located at 1144 Broadway (Costco Wholesale) are proposing to build a Costco Retail Gasoline Facility which partially encroaches over an existing public storm drain easement (see Exhibit "A"). The owners have requested the City to grant an encroachment permit to allow a portion of the gasoline facilities to be built on top of the existing public storm drain easement. According to Section 12.28 of the Municipal Code, this request must be approved by the City Council. (4/5ths Vote: Yes _ NoX) RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-452 and direct the City Clerk to record said permit. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: On April 7, 1999 staff received a letter from Barghausen Engineering, Inc. on behalf of their client, Costco Wholesale requesting an encroachment permit to construct and operate a gasoline facility partially over the existing 20 foot public drainage easement (see Exhibit "C"). The easement was recorded on July 20, 1981 as per File/Page No. 81-227829, and is for a 36-inch storm drain conveyance pipe. The nature of the proposed encroachment is as follows: 1. A 5-foot by 25-foot rectangular area of the canopy wil1 encroach over the easement area, a minimum vertical clearance of 14 feet will be maintained. 2. The Gasoline vapor recovery piping between the underground tanks and the HassTech vapor recovery burner unit required by the San Diego Air Pollution Control will also encroach within the easement. Piping for future canopy expansion will also be constructed. 7 .--- / --_.._.__.._..,----_._._...~.._----_._._._-"----- -._-'" Page 2, Item Meeting Date 05/18/99 3. Power and telephone services lines to serve the controller enclosure will also encroach within the easement. This encroachment permit includes an indemnity clause holding the City, its agents and employees harmless from damages resulting from the construction of the gasoline facility over the drainage easement. The encroachment obligates the permittee to maintain, relocate or remove the encroachment at no expense to the City. In addition, the City maintains its rights to use the existing drainage easement for access and general maintenance. FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on the Permittee, there are no direct costs to the City, except for the processing of this permit and inspection fee. Costco Wholesale has paid $250.00 application fee for processing the Encroachment permit and will pay inspection fee in the amount of$ 312.00 Prior to the recordation of the Encroachment permit. Attachments: Exhibit "A" - Locator plat Exhibit "B" - Letter Exhibit "C" - Encroachment Permit PE-452 H:IHOME1ENGINEERIAGENDAtPE452A.BFS 7---2. -_._--_._-~._--_._-~.._-_._---_.__.__.__.__. ---_.~._-_._.._--_._.._-- .....-...- RESOLUTION NO. )9,,/.5"?' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-452 TO BUILD A GASOLINE FACILITY OVER AN EXISTING 20 FOOT PUBLIC STORM DRAIN EASEMENT AT 1144 BROADWAY WHEREAS, Cost co Wholesale, owners of the property at 1144 Broadway, are proposing to build a Costco Retail Gasoline Facility which partially encroaches over an existing public storm drain easement; and WHEREAS, the owners have requested the City to grant an encroachment permit to allow a portion of gasoline facilities to be built on top of the existing public storm drain easement; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within right-of-way or City easements require City Council approval utilizing the encroachment permit process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the issuance of Encroachment Permit No. PE-452 to build a gasoline facility over an existing 20 foot public storm drain easement at 1144 Broadway. BE IT FURTHER RESOLVED that the city Clerk is hereby directed to record this resolution and permit. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~4j¡!fgJ?/< ~¡ John . Kaheny, City torney H:\home\lorraine\rS\PE452.enc 7-3 ---______...._.._.._ _ ,_,_,__ '.n..__.. ..__.._ ___'.__'_"'_W_"_'_'~"._.'_'___'_'" Joð"u","", 6647 ,- .. q..GH~ÚQ\ 18215 72ND AVENUE SOUTH Don").,." J~1< 1lJV'~~ KENT, WA 98032 Dr<I"" ~ <~ ~ (425)251-6222 ;, - ;t" ,:#11: (425)251-8782 FAX .:r-...,-ª-!L o 'J¡ .ß..~....~ ~ .....orovecBK ~!<...,.~ <1,<0": CMLENGINEE:RING,:..ANCPLANNING. (1'-''''G ~NG,é~ SUR'VE'nNG, ENVlRûNMENTAL S::R\IICE~ "",.4/16/9 --- :'-' .. .' . iO! X¡- (S' i :;: I ¡.... -:D' o ,Cf. :xl ,m !m -f i .. I' j I > I I ~ I 1 '-- > I .. ~; i 1\,\ IT ïr-- ,¡ \.....~- \~ '\- ~\. ",', \\ I: , I: . I I > > --) I'.' I: > L I I > I I l L: ~ § , I'·' ,- I ¡.} II -'....~ - .~ , "'.' ~- , . ... -- -- -' ! ',I 'I .--\._.1.\._\ :5\'t\ ~"~,, -U'\ ~~¡~ ~\c\J,\ Ii;)" ','I \ " >_ , " / C :::0..... -. -:" :\' / a¡)26 - v· ~-' ~\'\Y' J } .. rl ~/ / ~~§ -0<::::: -:J~ 'i,~' ~~ &j~8"'tJ '''Exi 1, ''-( ~ Xo" Cìé) jg~ ~~\ >' "';c .... 00 01 ~ ~8~ v,~ \ r . \}' ~ ~ § ~ \ C\----.... ~ ~.....~ 'N~""~' -'-'l~ I, f- -- -,~~~\, ;~-~.~ : /~;;¡\ \ \ ._~. ¡y." ~~----~-i-L-i\~ \ '.' ~ iiiC) ~ \ ,\ / -< 3 '\1 ~" IO 0"; Z~ ~~ ~> ~z "'~ n ~ ':~1i' "'4. ':'I~:\\ .-- 0,--·.---"-".... _j~'c, _,' ! i " ., l~, ,., I ,',., , '. , "' ,. ' . Is( . , . .^," ... j '='.. '-'- ".::;~,;-; ,". , ' . == ..' " ' . I 'I~\ \ ' \ \ , ,-.,!:!, ·--~-~-··iT·--====== '-", 'I I' I I' II BROADWAY I - ____~... u.__ ,. 4i"'!'i~ I Dat. I By c~c. Sea'" . -.'..._- _._~ -- ___~1T,. ¡~. I "- 1 i~':¡;¡\.'~';f. 4-r~ ¡:~'C I_;-"~'tr-,,) I-'I>~r ! Revi..on ;: ~ m z o :D o Þ o I ìJS: rm Oz -1-1 ìJìJ rm Þ:D zs: -1 m >< I CD -1 Þ Till.: ENCROACHMENT PERMrr EXHIBIT A PLOT PlAN Hor;z""I~1 1"=40' V.~cCi 7'1 NfA COSTCO GASOUNE C06TCO WHOLESAI..E ... LAKE œÆ ISSAOUAH. WA. 98027 EXHIBIT "B" (I.(:Jt\AV~ ø~..~.·~.'.'.~ ~ n ~~. \ 'itJ'IlIt.~ ! "<>, #". 'Ate .rNG,,,,E: ::;,\',- ENGINEERING. ;.A"'IO PLANNING, SURV::YiNG. ENVIRONM:::NTA:.. S::RV::::~ April 30, 1999 PRlORlTY FEDERAL EXPRESS Ms. Bushra Salem City of ChuJa Vista Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 RE: Encroachment Permit for the Costco Retail Gasoline Facility 11 44 Broadway, Chula Vista, California Costco Loc. No. 405 I Our Job No. 6647 Dear Ms. Salem: As requested, I am sending you one revised Encroachment Permit Exhibit" A" and one $312 cbeck payable to the City of Chula Vista for inspection fees. The enclosed Exhibit "A" was revised in accordance with direction from Mr. Bill AUrich. We removed the future dispenser sumps and future underground product piping. As a result, the revised exhibit and nature of the proposed encroachment are now as follows: 1. A 5-foot by 25-foot triangular area of the canopy will encroach over the easement, with an overhead clearance of aooroximatelv 14 feet. 2. Underground utilities that will encroach this easement include power, telephone, and vapor recovery piping. 3. Miscellaneous curbing and landscaping will also encroach over the easement. Please forward a copy of your report to me, which will be forwarded to the City Council for their consent calendar. Thank you for your prompt attention to this request. Sincerely, ~¿.¿¿:¿.i'? ~7/) Bruce K. Creager, AICP Director of Planning Services BKC/sm 6647C.079 enc: As Noted cc: Ms. Kathy Nishihira, Costco Wholesale Mr. Rick Galvez, MuJvanny Architects Mr. Jay S. Grubb, Barghausen Consulting Engineers, Inc. Mr. Eric G. laBrie, Barghausen Consulting Engineers, Inc. ~7S- 18215 72ND AVENUE SOUTH KENT. WA 98032 (425) 251·6222 (425) 251·8782 FAX -- ---',. -..- ,,"",,-- ~'" ~_.._.,--~---.~ ---...-.---".",'-..--,,-..--...-- £XHIB/T lie .¡. Recording requested by and please return to: Î:~ Ji: I :~:~: ¡~§ 1\ ::::~: g [ X 1 This document benefits ,., ",*"E::~;!:¿::::~:::",,,,,",,J,,,",,&,W""".''''''~'"''&::':'':;,:::,:::,~::~:~::~:,,::,:,:,'~:~:,"",:,"" City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 ........................... '·:·'·'·'·'·'·'.'·'.''''.'.:M:.',y,",-," Affects Assessor's Parcel No(s) 688-200-50 C.V. File No. 071O-40-PE-452 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-452 Application Fee: Receipt No.: Inspection Fee: Receipt No.: $250.00 188948 $312.00 190157 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the CITY OF CHULA VISTA (hereinafter "City") to: COSTCO WHOLESALE. (hereinafter "Permittee") whose mailing address is 999 Lake Drive, Issaquah, W A 98027 to construct gasoline facility over an existing drainage easement belonging to the City of Chula Vista subject to the terms and conditions contained in this permit ("Permit"). I. City ProDertv City's property ("City Property) affected by this permit is described as follows: Drainage Easement granted to the City of Chula Vista as per File/Page No. 81-227829 recorded on July 20, 1981 in the County of San Diego. 2. Benefitted Prooertv The property benefitting from the grant of this permit is the Costeo Wholesale store and is described as follows: LEGAL DESCRIPTION: Parcell of parcel Map No. 12083, fùed in the Office of the Recorder of San Diego County on April 29, 1982 as Per File/page No. 82-124226 of Official Record. ADDRESS: 1144 Broadway, Chula Vista, Ca 91910 Page1~ 7-? .._-"_._._..~,,_._~._-.._~._-- ..-. 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose ("Encroachment") : Installation and maintenance of gasoline facility in the form and location approved by City in accordance with the depiction and site plan shown on Exhibit A attached hereto and incorporated herein by this reference. 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. The Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to City. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Permittee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the public right-of- way. f. Permittee will be responsible for repair and restoration of any facilities removed or damaged as a result of maintenance or repair of the storm drain pipe within the easement by the City. g. City shall not be liable for any loss of revenue or any costs associated with the closure of the gas facilities due to repair andlor maintenance of the storm drain pipe within the easement. h. Permittee shall comply with all requirements of the National Pollutant Discharge Elimination Sysytem (NPDES). This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation must be removed or relocated, as and when specified by City, at Permittee's cost. If Permittee fails to remove or relocate Encroachment within the period allotted, City may cause such work to be done and the cost thereof shall be imposed as a lien upon Permittee's property. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work covered by this agreement, or the existence or maintenance of such work. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such Page 2 ~7-? --------.-"---.-------.--.- claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Permittee hereby agrees to and shall defend City, its elective and appointive boards, officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken under this permit by Permittee directly or by hislherltheir agent(s), contractor(s), or agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result of actions taken, or alleged to have been taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Encroachment permit should interfere with the future use of the City's right of way by the general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when indicated by City. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. (End of page. Next page is signature page.) Page 3 7/t CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to aJtach acknowledgment.) PERMITTEE: Signature: Date: (Notary to attach acknowledgment & Permittee to provide corporate authority for signature) ADDroved as to form: City Attorney NOTE: Permittee is to submit a check or money order payable to County of San Diego equal to the total of $7.00 for the first page and $3.00 for each page thereafter. including notary acknowledgments for all signatories.. ... (For office use only) ... Encroachment has been constructed and is in compliance with the attached sketch. Signed Dated (Inspector) (Signature Page For Chula Vista File No. 2710-40-PE-452) H:\HOME'J!.NGlNEERIPERMITSIPE4J2A.BFS Page 4 /-9 COUNCIL AGENDA STATEMENT Item Meeting Date gI 5/18/99 Resolution /9'1S'? Accepting bids and "Sidewalk Rehabilitation at Various Locations in California (STL-203)" project. SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manage~ ~ (4/5ths Vote: Yes_NoX) On March 31, 1999, the Director of Public Work~receiv: sealed bids for the "Sidewalk Rehabilitation at Various Locations in the City of Chu]a Vista, California (STL-203)" project. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs & gutters, aspha1t concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. ITEM TITLE: awarding contract for the the City of Chula Vista, RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Rehabilitation at Various Locations in the City ofChula Vista, California (STL-203)" project, to Jimenez, Incorporated ofChula Vista, California, for $40,461.75. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY1997-98 CIP Budget is a project for the removal and replacement of deteriorated sidewalks, curbs, gutters, and driveway approaches. Some existing sidewalks, curbs, gutters and driveways show severe cracks, and are badly deteriorating and need to be replaced. This project will remove and replace deteriorated improvements on various locations in the City of Chula Vista. Engineering staff prepared plats, specifications, and advertised the project. Staff received and opened bids on March 31, 1999. The City received bids ftom three contractors as follows: CONTRACTOR BID AMOUNT 1. Jimenez, Incorporated - Chula Vista, California. $40,461.7 5 2. Gypsy Queen, Incorporated - National City, California. $44,730.80 3. Star Paving Corporation - San Diego, California. $56,176.00 The low bid by Jimenez, Inc. is below the Engineer's estimate of $49,600.50 by $9,138.75 or 18%. Jimenez, Inc. has done various CIP projects for the City and their work has been satisfactory. Staff has reviewed the low bid and is recommending awarding the contract to Jimenez, Inc. of Chula Vista, California. Table 1 (Attachment A) shows the specific work to be done at each location, approximate quantities of sidewalk, curb, gutter, and driveway to be installed. Disadvanta¡¡ed Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. The Community Development Specialist has reviewed %rj Page 2, Item Meeting Date 5/18/99 the bid documents submitted by the three lowest bidders. Her conclusion is that the lowest bidder, Jimenez Inc., dba MJC Construction, meets the City's Minority and Women Business Enterprise (MBE/WBE) goals (See Attachment B). Staff also reviewed Jimenez Inc., dba MJC Construction eligibility status about federal procurement programs and the status of the State contractor's licenses. Jimenez Inc., DBA MJC Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded fi-om Federal procurement or non-procurement programs as of April 5, 1998). The low bidder has satisfactorily met all the requirements. Staff, therefore, recommends awarding the contract to Jimenez Inc., dba MJC Construction, of Chula Vista. Disclosure Statement Attachment "C" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Replacement of Existing Public Improvements). Wage Statement The source of funding for this project is Community Development Block Grant Funds. This project is covered by the Davis-Bacon and Related Acts. The Davis-Bacon Act requires the payment of prevailing wage rates to all laborers and mechanics employed for the work under this project. Prevailing wage rates are those determined by the U.S. Department of Labor or the Department of Housing and Urban Development. FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $40,461.75 B. Contingencies $5,000.00 C. Staff Costs (Design & Inspection) $5,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $50,461.75 FUNDS AVAILABLE FOR CONSTRUCTION A. Community Development Block Grant (654-6540-STL203) $50,461.75 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $50,461. 75 Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A - Table I (location of work) B - Memorandum from Community Development Department. C - Contractor's Disclosure Statement H:IHOMEIENGINEERIAGENDAISTL203AI I3.doe Yr2. ---..~.----..---.-~....._-.--_._----'------_._._. ....,-..-.--.....-.. RESOLUTION NO. /9'157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK REHABILITATION AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-203)" PROJECT received Locations WHEREAS, on March 31, 1999, the Director of Public Works sealed bids for "Sidewalk Rehabilitation at Various in the City of Chula vista, CA"; and WHEREAS, bids were received from three contractors as follows: Contractor Bid Amount 1. 2. 3. Jimenez, Inc. - Chula vista. Ca. Gypsy Queen, Inc. - National city, Ca. Star Paving Corp - San Diego, Ca. $40,461.75 $44,730.80 $56,176.00 WHEREAS, the low bid by Jimenez, Inc., is below the Engineer's estimate of $49,600.50 by $9,138.75 or 18% and staff has reviewed the low bid and recommends awarding the contract to Jimenez, Inc.; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Replacement of Existing Public Improvements); and WHEREAS, the bid documents set forth participation requirements per federal regulation for meeting the disadvantaged and women-owned business goals and the Community Development Specialist has concluded that Jimenez Inc. meets the City's Minority and Women Business Enterprise (MBE/WBE) goals; and WHEREAS, since the source of funding for this project is Community Development Block Grant Funds, it is covered by Davis- Bacon and related acts which requires the payment of prevailing wage rates to all laborers and mechanics employed on this project. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept the bids and award the contract for sidewalk rehabilitation at various locations in the City of Chula vista to Jimenez, Inc. in the amount of $40,461.75. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\Rs\sidewlk órJ _._---"--,,------_._------_._...--_..._----------,,-------..-- Table 1 - Location and description of work No 1 2 3 4 5 6 7 8 9 10 m_mu___ 11 .*-*~----'* 12 13 -~~- 14 15 16 17 18 19 20 21 22 23 M__~_,__,~",M",M 24 ,,~---_. 25 27 28 29 30 31 32 ------ 33 ---- Street Number Street Name --_._~ -- -------- Church Avenue Church Avenue 255 Church Avenue 255 Church Avenue 263 Church Avenue 2631Church Avenue 264 Church Avenue 267 Church Avenue Avenue Avenue Avenue (across street) 217 Church Avenue (across street) __M',MM,,_M~~~'_~___~_ 245 Church Avenue (across street) 261 Church Avenue (on parking lot) ___._0.__........__ _.__._.,.,.,"_,.~....~_".,"...,"'__"__,_____.,_,.,__.,......m_._ Church/Davidson n/w corner 211 Del Mar Avenue ,------------ 219 Del Mar Avenue 224 Del Mar Avenue M.__..,_M.'M__..M_'M_,__...",.._,.,.._~... 233 Del Mar Avenue Del Mar Avenue 241 Del Mar Avenue ------**---~. 248 Del Mar Avenue ._-_.__....-.--+------~--_._---_...._._.... - ..... . .... 249!Del Mar Avenue ___._.,.__ ____.__.__..____...."'''"',.._ .,'mm__...w.,w.m,"____...m..w. 263 Del Mar Avenue 267 Del Mar Avenue 270 Del Mar Avenue __.________ _______.._."_ "." .,.___ ..M'""....._..........._..__...__mw........, 275 Del Mar Avenue __www___ 283 Del Mar Avenue **---~ 210-212 Del Mar Avenue --- 216-218 Del Mar Avenue 216 cond Avenue 226 Second Avenue ____w_______.,_ ?"7 ATTACHMENT "A" 4" S/W SF __M'__" 180 390 75 75 165 115 105 113 126 212 267 285 210 230 100 2 ______.M.'.__ 105 85 75 1251 120 150 165 65 6" D/W SF STL-203 CIG LF 10 33 27 Table 1 - Location and description of work No Number Street Name Second Avenue Second Avenue Second Avenue ^"_~_~_~M_^' 256 Second Avenue 203 Twin Oaks Avenue ------'209ITwin Oaks Aven~:.._m_mm~~ 212 Twin Oaks Avenue 217 Twin Oaks Avenue 218 Twin Oaks Avenue ~____ _~~~______."__"'"____·^M~___M~_"'_____M' 221 Twin Oaks Avenue 233 Twin Oaks Avenue Oaks Avenue Oaks Avenue 261 Twin Oaks Avenue 266 Twin Oaks Avenue n Oaks Avenue Oaks Avenue Avenue Avenue ~'.5 ATTACHMENT "A" STL-203 4" S/W 6" D/W CIG SF SF LF 120 335 415 56 ------ 224 216 168 120 144 72 150 75 270 1 105 205 330 85 10 1 ._....,.---._.._"-,~_.._----_._--- ATTACHMENT "B" MEMORANDUM April 26, 1999 TO: FROM: SUBJECT: Jim Holmes, Civil Engineer, Design Section Judith Atwood, Community Development Specialist 111 ~. Review of MBE/WBE for STL 203 I have reviewed the bid packages for STL -203 and have determined that Jimenez Inc. (MJC) Construction has provided the required information determining his firm as a Minority Business Enterprise. I noticed in MJC's bid package the Certification from the City of San Diego, claiming MJC as a Minority Business Enterprise. If, in the future, you could communicate to the apparent three lowest bidders to include certification of their MBE/WBE status, it would save me a lot of time in attempting to acquire this information directly from the contractor. In addition, I know this bid package was received by my department on April 1 , 1999, however, I was unable to review the documents due to my increased work load and I apologize for the delay. If you have any questions, please call me at extension 5036. %"/~ THE CITY OF CHULA VISTA DISCLOSURE ST ATEMENTA II ACHMENT "C" You are required to tile a Statement of Disclosure of certain ownership or fInancial interests, payments, or campaign contributions, on all mauers which will require discretionary action on the part of the City Council, Planning Commission, and all other offIcial bodies. The following infonnation must be disclosed: 1. List the names of all persons having a f"mancial interest in the property which is the subject of tile application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. '\ i\\J'er~ '3/ H¡~')f:'7-- 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. :111"ICil.. ~IMENE-z,.... i I , - ~. 3. ¡fany person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profIt organization or as trustee or beneficiary or trustor of the trust. // / / 4. Have you had more than $250 worth of business transac~ith any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Ves _ No Þ If yes, please indicate person(s): 5, Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this mauer. ,'TA,II [; ¡I_ ;:Ji M EN F 7-- ,J 'of 6, Have you andlor your officers or agents. in the aggregate, contributed more than $1,000 to a Council member in the cUlTent or preceding election period? Ves _ No¥lfyes. state which Council members(s): Date: · · . (NOTE: Attached additional pages as necessary) · . . . ( . '< ~':;j, .0 \...I'vv.....vv....¿ Signature of Contractor/AppliclUl ..TAl" ri2 J'IHENF2. Print or type name of Contractor IApp Ii cant . fg¡;¡.Q!l is defined as: '~ny individual, firm, co-plJTtnerShip.joint venture, association, social club, fralernal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city or country. city municipality, district, or other poli/ical subdivision, or any other group or combination acting as a unit. 46 2;--; ----------.-.----.--.....-----.---------..- COUNCIL AGENDA STATEMENT ITEM TITLE: Item1 Meeting Date 5/18/99 Resolution / 1 i'~~ Approving the Engineer's reports for the FY 1999-2000 spread of assessments for City Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24, 26, 31, and 33 declaring the intention to levy and collect assessments and setting June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. as the dates and times for the public hearings. SUBMITTED BY: Director of Public Works City Manager&I.t/ f"<fV v REVIEWED BY: (4/5ths Vote: Yes_NoX) The City administers 25 open space districts established over the last twenty-five years. The districts provide the mechanism to fmance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. Tonight's action begins the process for Fiscal Year 1999/2000. The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The above resolution approves the reports and sets the dates for public hearings to consider the levy of assessments and collection of funds. RECOMMENDATION: That Council approve the resolution: 1) Approving the reports, directing the City Clerk to publish the Resolutions of Intention pursuant to Government Code 6063, and setting the dates of the public hearings on the assessments for June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. 2) Direct staff to notice the property owners pursuant to State Codes. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 1999/2000. Following Table 2, there is some general information that applies to all the districts and then each district is analyzed individually. That is followed by a description of the noticing that is required. As a final note, Council should be advised that the following two agenda items contain the same information on Open Space District No. 10 and Eastlake which were separated due to conflict of interest concerns. The Bay Boulevard and Town Center Open Space Districts were separated due to Proposition 218 issues because these districts were not formed as the result of a 100% petition from the landowners. It was recommended by the City's Bond Counsel, Warren Diven, to mail ballots and conduct a public hearing with the property owners in those two districts in order to validate the formation of the districts. Staff will discuss and resolve these issues in future agenda statements. 9,.-/ . . _ ~__ _.._____ _ _...... ___ __·M___····_ Page 2, Item_ Meeting Date 5/18/99 Backeround Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and the City ofChula Vista Municipal Code, Chapter 17.07 -Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Space Districts in the City. The name and location of each open space district is shown in the following table. TABLE 1 Ooen Soace Districts Within the City of Chula Vista Open Space District Name Location No. 1 El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road east of Paseo Ranchero 2 Lark Haven South and east of Lorna Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridee Camino Elevado 5 Southbav Villas Northern end of Crest Drive 6 Hilltoo Vista Camino Vista Road 7 Zenith Units 2, 3, and 4 North and south of Palomar, east of 1-805 8 Rancho Robinhood Unit 3 Surrev Drive 9 EI Rancho del Rev Units Paseo del Rev, north of Teleeraoh Canvon Road 11 Hidden Vista Villaee East H Street, east of 1-805 14 Bonita Lone Canvon North and south of CountrY Vistas Lane 15 Bonita Haciendas Canvon Drive, east of Otav Lakes Road 17 Bel Air Ridee Northeast of Paseo Ladera and East J Street 18 Rancho del Sur Easterlv end of East Naoles Street 20 Rancho del Rev North of East H Street, west of Otav Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road 24 Canvon View Homes Ruteers A venue, south of East H Street 26 Park Bonita West of the intersection of E Street and Bonita Road 31 Teleeraoh Canvon Estates North of Otav Lakes Rd, west of "SR 125" 33 Broadway Business Home Village West side of Broadway between J Street and K ~tTPpt These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1. 1-;2. -------"- -...------.-.---.--...---.-------... ._-...,-~~_.__.._-,,-,._--,.._._---~-,.. Page 3, Item_ Meeting Date 5/18/99 Staff proposes for FY 1999/2000 that the assessment be kept within that amount previously approved, increasing the FY 1998/1999 assessment by an inflation factor. In all cases, staff has set each collectible lower than the proposed assessment for each district. Per the City's Municipal Code, the inflation factor is the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated California fourth quarter per capita personal income as contained in the Governor's budget published in January. The CPI is estimated at 3.6% based on the San Diego Metropolitan Area and 4.97% based on the the change in the estimated California fourth quarter per capita personal income. Therefore, staff will use the estimated CPI figure of 3.6% based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment increases equal to 3.6% (CPI) are not subject to majority protest. Only assessment increases over the CPI are subject to majority protest. All of the districts were formed as the result of a 100% petition by the land owners and are exempt from the provisions of Proposition 218. Assessments & Collectibles Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 1999/2000 are proposed at FY 1998/1999 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staff's recommendation, none of the open space districts are subject to a majority protest on the increase. The proposed assessments and collectibles for Fiscal Year 1999-2000 are as follows: TABLE 2 PRJOR FY'S VS. FY 1999/2000 ASSESSMENTICOLLECTIBLE OSO FY 99/00 Proposed Proposed FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00 Assmntl Collectionl Assmntl FY98/99 Assmntl Collectionl Revenue BOU BOU BOU Assmt + BOU BOU CP¡(2) 1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472 2 41.58 33.00 42.04 43.55 43.55 33.00 8,217 3 284.61 287.00 287.74 298.10 298. 10 286.00 36,322 4 300.61 223.00 303.92 314.86 314.86 223.00 46,830 5 293.15 176.00 296.37 307.04 307.04 175.00 21,350 6 144.97 76.00 146.56 151.84 151.84 76.00 12,312 7 101.27 88.00 102.38 106.07 106.07 88.00 9,152 8 462.63 366.00 467.72 484.56 484.56 363.00 39,930 9 131.11 132.00 132.55 137.32 137.32 132.00 50,688 11 89.54 53.00 90.52 93.78 93.78 53.00 70,015 14 298.10 257.00 290.98 301.45 301.45 291.00 254,148 15 276.13 214.00 279.17 289.22 289.22 213.00 12,141 17 132.18 62.00 133.63 138.44 138.44 42.00 1,932 18 312.33 222.00 315.77 327.13 327.13 221.00 96,135 20 308.9S1) - - - - - 913,464 Zone I OB 48.27 0.00 48.80 50.56 50.56 0.00 (3) Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3) Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3) 1-J Page 4, Item_ Meeting Date 5/18/99 OSD FY 99/00 Proposed Proposed FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00 Assmntl Collectionl Assmntl FY98/99 Assmntl Collectionl Revenue EDU EDU EDU Assmt + EDU EDU CPI(2) Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (3) Zone 5 I 293.30 281.98 296.53 307.20 307.20 307.20 (3) Zone 6 11 225.36 163.80 227.84 236.04 236.04 163.23 (3) Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3) Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 (3) Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (3) 23 357.10 112.00 361.03 374.03 374.03 85.00 7,579 24 535.12 375.00 541.01 560.48 560.48 447.00 17 ,880 26 419.99 229.00 424.61 439.90 439.90 228.00 4,332 31 433.85 108.00 438.62 454.41 454.41 1.00 345 33 1072.22 0.00 1084.01 1123.04 1123.04 0.00 0 (I) Represented average residential assessment in SPA I. (2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest. (3) Revenue for all wnes included in overall District 20 amount. In general, most budgets have increased due to adjustments in water and contract services. The increase in water is due to projected rate increases and the increase in contract services is due to a CPI clause on contracts. Savings from prior years are proposed to be used to supplement the property owners collections to provide the revenue needed for FY 1999/2000 maintenance while maintaining reserves between 50%-65 % (City Code requires reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners direction to return as much excess funds as practical. However, where maintaining a 65 % reserve could result in future steep rate increases, staff recommends maintaining the current rate. For those districts where the reserve still exceeds 50-65 %, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100 % in future years, thereby avoiding processing refund checks. Staff generally tries to keep the assessments within the CPI amount allowed by the Municipal Code each year. The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU for FY 1999/2000 represents, in all cases, the prior year's assessment with an inflation factor of 3.6%. The assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No.1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472 EI Rancho del Rey Units 1-4 9~ 'I ---~---_.._._~-^.__._-_.._.~-_."----_._- Page 5, Item_ Meeting Date 5/18/99 Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $40 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $93.86. Since the budget per EDU of $75.60 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82 %. The General Fund will be reimbursed $7,762 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/00 FY99/00 Assmt! Collection/ Assmt! Assmt + Assmt! Collection/ Revenue EOU EOU EOU CPI EOU EOU I~so No.2 $41.58 $33.00 $42.04 $43.55 $43.55 $33.00 $8,217 Lark Haven Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of$33 per EDU, which is less than the assessment of $43.55. Since the budget per EDU of $44.47 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 90%. The General Fund will be reimbursed $2,144 for City staff services from the Open Space District Fund for FY 1999/2000. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99100 FY99100 Assmt/ Collection/ Assmt/ Assmt + Assmt! Collection! Revenue EOU EOU EOU cpr EOU EOU OSO No.3 $284.61 $287.00 $287.74 $298.10 $298.10 $286.00 $36,322 Rancho Robinhood Units 1 & 2 Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $286 per EDU, which is less than the assessment of $298.10. Since the budget per EDU of$313.57 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82 %. The General Fund will be reimbursed $6,290 for City staff services from the Open Space District Fund for FY 1999/2000. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. 9-S- Page 6, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmt/ Collection/ Assmt/ Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU I~SD No.4 $300.61 $223.00 $303.92 $314.86 $314.86 $223.00 $46,830 Bonita Rid"e Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $223 per EOU, which is less than the assessment of $314.86 per EDU. Since the budget per EDU of $273.12 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 74%. The General Fund will be reimbursed $8,818 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99/oo FY99/00 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU I~SD No.5 $293.15 $176.00 $296.37 $307.04 $307.04 $175.00 $21,350 Southbay Villas Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $175 per EOU, which is less than the assessment of $307.04 per EOU. Since the budget per EOU of $253.78 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 84%. The General Fund will be reimbursed $5,012 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99100 FY99100 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPl EDU EDU I~SD No.6 $144.97 $76.00 $146.56 $151.84 $151.84 $76.00 $12,312 Hilltop Vista Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of$76 per EDU, which is less than the assessment of $151.84 per EOU. Since the budget per EDU of $95.43 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 94%. The General Fund will be reimbursed $2,777 for City staff services from the Open Space District Fund for FY 1999/2000. 9~~ Page 7, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99100 FY99/00 Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPI EOU EOU I~so No.7 - Zenith $101.27 $88.00 $102.38 $106.07 $106.07 $88.00 $9,152 Units 2, 3, & 4 Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of$88 per EDU, which is less than the assessment of $106.07 per EDU. Since the budget per EDU of $100.49 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 86%. The General Fund will be reimbursed $2,055 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue EOU EOU EOU CPI EOU EOU OSO No.8 $462.63 $366.00 $467.72 $484.56 $484.56 $363.00 $39,930 Rancho Robinhood Unit 3 Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $363 per EDU, which is less than the assessment of $484.56 per EDU. Since the budget per EDU of $400.00 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 72 %. The General Fund will be reimbursed $6,892 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99100 FY99100 Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue EOU EOU EOU CPI EOU EOU OSO No.9 $131.11 $132.00 $132.55 $137.32 $137.32 $132.00 $50,688 El Rancho del Rey Units Staffrecommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $132 per EDU, which is less than the assessment of $137.32 per EDU. Since the budget per EDU of $153.08 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 81 %. The General Fund will be reimbursed $9,024 for City staff services from the Open Space District Fund for FY 1999/2000 . Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. 9-7 Page 8, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/o0 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EOD EOD EOD CPI EOD EOD I~SONO. 11 $89.54 $53.00 $90.52 $93.78 $93.78 $53.00 $70,015 Hidden Vista Village Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $53 per EDU, which is less than the assessment of $93.78 per EDU. Since the budget per EDU of $87.61 exceeds the collectible amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 98 %. The General Fund will be reimbursed $17,237 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EOD EOD EOD CPI EOD EOD foso No. 14 $298.10 $257.00 $290.98 $301.45 $301.45 $291.00 $254,148 Bonita Long Canyon Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $291 per EDU, which is less than the assessment of $301.45 per EDU but higher than the collectible for the current year. Since the reserve of 80% is significantly below the margin allowed of 100%, staff recommends increasing the collectible to be closer to the budget amount. Since the budget per EDU of $294.98 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The General Fund will be reimbursed $37,695 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/o0 FY99/00 FY99/00 Assmt/ Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EOD EOD EOD CPI EOD EOD 10SO No. 15 $276.13 $214.00 $279. 17 $289.22 $289.22 $213.00 $12,141 Bonita Haciendas Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $213 per EDU, which is less than the assessment of $289.22 per EDU. Since the budget per EDU of $277.05 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 82%. The General Fund will be reimbursed $2,825 for City staff services from the Open Space District Fund for FY 1999/2000. 9/0 Page 9, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99100 FY99100 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU OSO No. 17 $132.18 $62.00 $133.63 $138.44 $138.44 $42.00 $1,932 Bel Air Rid.e Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $42 per EDU, which is less than the assessment of $138.44 per EDU. Since the budget per EDU of $114.78 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $2,336 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99100 Assmtl Collection! Assmt/ Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPI EOU EOU 17S0 No. 18 $312.33 $222.00 $315.77 $327.13 $327.13 $221.00 $96,135 Rancho del Sur Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $221 per EDU, which is less than the assessment of $327.13 per EDU. Since the budget per EDU of $255.08 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 90%. The General Fund will be reimbursed $16,547 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed OSO No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99100 FY99/00 Rancho del Rey Assmnt/EOU Collectionl Assmntl Assmt + Assmnt/EDU Collectionl Revenue EDU EOU CPI EDU Zone I - oesilt 48.27 0.00 48.80 50.56 50.56 0.00 0.00 Basin Zone 2 - Rice 3.67 3.71 3.71 3.84 3.84 3.84 15,305 Canyon Zone3-HSt. 5.22 2.80 5.28 5.47 5.47 4.38 27, 134 Zone 4 - Business 19.45 19.66 19.66 20.37 20.37 20.37 53,882 Centre Zone 5 - SPA I 293.30 281.98 296.53 307.20 307.20 307.20 551,427 Zone 6 - SPA II 225.36 163.80 227.84 236.04 236.04 163.23 93,563 Zone 7 - SPA 1Il 139.11 140.55 140.64 145.70 145.70 145.70 171.458 Zone 8 - North 32.07 0.00 32.42 33.59 33.59 0.00 0 Desiltino Basin 9'"7 Page 10, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed OSD No. 20 FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/o0 FY99/00 Rancho del Rey Assmnt!EDU Collection! Assmnt! Assmt + Assmnt/EDU Collectionl Revenue EDU EDU CPI EDU Zone 9 - Telegraph 25.47 13.26 25.75 26.65 26.65 13.23 694 Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing all three areas with the understanding that the open space improvements would be constructed in phases. Because this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made up of several zones as indicated above. Every property within the district is in more than one zone. TABLE 3 Typical Combined Assessment (FY99/00) SPA I (Zones 1 or 8, 2, 3, & 5) $334 SPA II (Zones 1 or 8, 2, 3, & 6) $296 SPA III (Zones I or 9, 3, & 7) $162 Business Centre (Zones 1, 2, 3, & 4) * * Industrial (ner acre) $921 * Commercial (ner acre) $1,158 Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been attached. Staff recommends that the assessments remain the same for each zone as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal to or below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City Municipal Code. The General Fund will be reimbursed $139,272 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmt! Collectionl Assmt! Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU ~OSD No. 23 - Otay $357.10 $112.00 $361.03 $374.03 $374.03 $85.00 $7,579 Rio Business Park Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $85 per EDU, which is less than the assessment of $374.03 per EDU. Since the budget per EDU of $142.41 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $2,379 for City staff services from the Open Space District Fund for FY 1999/2000. Lj----/O .-..-----.---.--.--..--.-----.--........... Page 11, Item_ Meeting Date 5/18/99 CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/o0 Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 24 $535.12 $375.00 $541.01 $560.48 $560.48 $447.00 $17 ,880 Canvon View Homes Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $447 per EDU, which is less than the assessment of $560.48 per EDU. Since the budget per EDU of $502.63 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85%. The General Fund will be reimbursed $3,447 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/oo FY99/00 FY99/00 Assmtl Collection/ Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 26 $419.99 $229.00 $424.61 $439.90 $439.90 $228.00 $4,332 Park Bonita Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $228 per EDU, which is less than the assessment of $439.90 per EDU. Since the budget per EDU of $339.95 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $1,479 for City staff services from the Open Space District Fund for FY 1999/2000. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99100 FY99100 FY99/00 Assmt/ Collection! Assmt/ Assmt + Assmt/ Collection/ Revenue EDU EDU EDU CPI EDU EDU OSD No. 31 $433.85 $108.00 $438.62 $454.41 $454.41 $1.00 $345 Telegraph Canyon Estates Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $1 per EDU, which is less than the assessment of $454.41 per EDU. Since the budget per EDU of $280.74 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $14,514 for City staff services from the Open Space District Fund for FY 1999/2000. 9/// Page 12, ltem_ Meeting Date 5/18/99 There have been excess funds available in this district because staff anticipated that the turnover of improvements would occur in FY94/95. Therefore, staff began collecting the assessment with the belief that the City would begin maintenance that fiscal year. However, turnover of improvements did not occur (except the medians), because The Baldwin Company, the original owner, did not complete the improvements prior to going bankrupt. This left excess funds in the district and no revenue was collected FY95/96. For FY96/97, staff anticipated that the turnover of improvements would occur that fiscal year and, therefore, collected $271 per EDU. Since turnover of improvements did not occur because a guest builder did not develop the property as anticipated, only $1 per EDU was collected in FY97/98. For FY98/99, it was anticipated that the turnover of improvements would occur in July of 1998 and therefore $108 per EDU was collected. However, only a portion of the improvements were turned over to the City, which has left excess funds. Although it is anticipated that the turnover of additional improvements will occur next fiscal year, staff recommends collecting only $1 per EDU for FYI999/2000. Funds are available to do this because of prior years' excess funds. CAP: Proposed Proposed FY97/98 FY98/99 FY98/99 FY98/99 FY99/00 FY99/00 FY99/00 Assmt/ Collection! Assmt/ Assmt + Assmt! Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No. 33 $1,072.22 $0.00 $1,084.01 $1,123.04 $1,123.04 $0.00 $0 Broadway Business Home Villaoe No funds collected since incention. Staff recommends that the assessment remain the same as FY98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. The budget per EDU is $0.00, therefore, staff recommends a collectible of $0.00 per EDU. The reserve under this recommendation will be 0%, since no construction is anticipated to be completed during FY1999/2000. Community Development has requested, since FY96/97, that no funds be collected because no construction has been done on this project. However, staff may recommend collecting revenue for FY 2000/2001 because funds will be needed to do required open space maintenance if construction is completed that fiscal year. Notice The public hearings will be noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks and at least 10 days before the second public hearing. Staff will mail notice of the hearings to all open space districts. The notice will inform the resident of hislher district, the current year assessment, the CPI adjustment and the proposed assessment for FY 1999/2000. The Parks and Recreation Department has conducted information meetings for all property owners within each district in March. At the meeting, staff explained the proposed budget to interested owners (approximately 10,000 properties received notice). Plans, specifications, and assessment roll are on file in the Public Works/Engineering office. FISCAL IMPACT: Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, Data Processing and Finance. Contractual costs ($840,958) are outlined in Attachment A. These costs are recovered 9--/;1.. ._-----,._-_._._--_.._~-_.- - -----.---.-...----- .-'-'-'--'".-,-, Page 13, Item_ Meeting Date 5/18/99 through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement for City staff services from the above listed Open Space District Funds for FY 1999/2000 is estimated to be $288,505. Attachments: A Cost Summary B District Maps C OSD 20 Assessment Map H:\HOME\ENGINEER\AGENDA \QSROI99a.BOB 05/05199 to:SOam 9---/3 ."-.------.---..--.----.-..---- -.-...-........-.-. RESOLUTION NO. /9'1~g/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY 1999-2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, AND 33 DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P.M. AND JULY 13,1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and or under order to July 13, of 1972. WHEREAS, these reports were prepared by the City Engineer his direction and are presented to Council for approval in proceed with the public hearings set for June 22, 1999 and 1999 in accordance with the Landscaping and Lighting Act The reports cover the following districts: Open Space District Nos. 1 through 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 and 33. WHEREAS, the proposed assessments for Fiscal Year 1999-00 are as follows: TABLE 2 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE OSD FY 99/00 Proposed Proposed FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00 Assmnt/ Collectionl Assmnt/ FY98/99 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(2) 1 $89.61 $40.00 $90.60 $93.86 $93.86 $40.00 $26,472 2 41.58 33.00 42.04 43.55 43.55 33.00 8,217 3 284.61 287.00 287.74 298.10 298.10 286.00 36,322 4 300.61 223.00 303.92 314.86 314.86 223.00 46,830 5 293.15 176.00 296.37 307.04 307.04 175.00 21,350 6 144.97 76.00 146.56 ]51.84 151.84 76.00 12,312 7 10 1.27 88.00 102.38 106.07 106.07 88.00 9,152 8 462.63 366.00 467.72 484.56 484.56 363.00 39,930 9 131.11 132.00 132.55 137.32 ]37.32 132.00 50,688 1 9-;7 -_._---_.._-----_.._.,---_.,_.__.__..._....~_.__._- -- -- --.-<>-'".-. "-_._..,._.__._~~--.-- OSD FY 99/00 Proposed Proposed FY 97/98 FY98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00 Assnmtl Collectionl Assnmtl FY98/99 Assnmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU cpr2) 11 89.54 53.00 90.52 93.78 93.78 53.00 70,015 14 298.10 257.00 290.98 301.45 301.45 291.00 254,148 15 276.13 214.00 279.17 289.22 289.22 213.00 12,141 17 132.18 62.00 133.63 138.44 138.44 42.00 1,932 18 312.33 222.00 315.77 327.13 327.13 221.00 96,135 20 308.95(1) - - - - - 913,464 Zone 1 DB 48.27 0.00 48.80 50.56 50.56 0.00 (3) Zone 2 RC 3.67 3.71 3.71 3.84 3.84 3.84 (3) Zone 3 H 5.22 2.80 5.28 5.47 5.47 4.38 (3) Zone 4 BC 19.45 19.66 19.66 20.37 20.37 20.37 (J) Zone 5 I 293.30 281.98 296.53 307.20 307.20 307.20 0) Zone 6 11 225.36 163.80 227.84 236.04 236.04 163.23 13) Zone 7 III 139.11 140.55 140.64 145.70 145.70 145.70 (3) Zone 8 NDB 32.07 0.00 32.42 33.59 33.59 0.00 13) Zone 9 TCC 25.47 13.26 25.75 26.65 26.65 13.23 (J) 23 357.10 112.00 361.03 374.03 374.03 85.00 7,579 24 535.12 375.00 541.01 560.48 560 .48 447.00 17,880 26 419.99 229.00 424.61 439.90 439.90 228.00 4,332 31 433.85 108.00 438.62 454.41 454.41 1.00 345 33 1072.22 0.00 1084.01 1123.04 1123.04 0.00 0 (1) Represented average residential assessment in SPA I. (2) FY 1999/2000 assessment may be set at or below this cap without being subject to a majority protest. (J) Revenue for all zones included in overall District 20 amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's reports to declare its intention to levy and collect assessments for the FY 1999-00 for the spread of assessments for City Open Space Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 and 33, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. in the Council Chambers, City of Chula vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6063. 2 9//Š ___________·"·_·____·_._.m......,.._. Presented by John P. Lippitt, Director of Public Works H:\home\lorraine\rS\OSAlleng.rep ----..----.--.-..---. --" .--....---..- Approved as to form by / v/ 3 f-I? citVttor y , o N o en o >- Q) p:: i J o .<:: " c ro 0:: Oã) !2z CJ) CJ) >- LL "'-- '" '" '" Q) 0) Q) ....J .~ Q; >- CU e CIJ '" CJ) '" '" CJ) Q) Q)-a:: -100 OJ >- LL Oû) !2 0 CJ)ü CJ) >- LL O'§û) !2Eo ~«ü >- LL - Q) 0) 1:) ::J CD Q)b- ~ Q) g¡a:: Q) a:: O~o; !2~CD CJ)I'-<"§ CJ) CO >- LL 'E Q) E >- cu 0.. OLO'<tNI'-MOOO'<t &'7OMOON<OLO CJ) C')....OOvLO'<t <0 a.ñ ,.....h ri -r-- ri -c-- __NI,{)L()O)t-- LO .... 00000000000000 ~O'\OO~\OO'\OO&'7N -£-.MI:"-OO ~ ...... -: M~ 1£)-'\0- 0'" vtvtiA f"') &'7- "" "" - Q) 0) 1:) ::J CO OO'<t'<tON'<tOO vt C") 0 0) "~·"T- 0 LO_ ~_ V_ V_ T"""_ CD_ '<tl'-OJOJOOOJ ____NM1!)r-- M O('l')f'-.,MCDvNON iil7C"')NNMtO...r- N OMt--c.cr--.oc- f'.. ~ c!i ID cD ,.....- __- C')'<tOONLO<O OJ.... N 0000 ""N N NI'-O 0.... 0<0 '<t'<t C') OON N I'- OO<O<O<OLOI'-OO f:I7 """'__"""00""" OMOOO<O " ... " ... ... 0'> C"') 0'> CO r--.. __NCO,....."I::t C') oV) V) EFtOI.r)O 00 '" '<t Ó r-" 0\ M '" V) rr:¡ 0'\ 1£)0 0 '<tl"-\O \0 ... (".I" 0\ M" '" 1"-- V) '" ~ Ürnrnrn e ",Q)Q)Q) ã5 I >- '" a:: a:: a:: ..c: § Ü.......Q)__NM"t::CC ro Q)CIJ.~««« O..c: CD.s:!I gJQ.Q.Q.Zü Oa::LlJCOClJClJClJCDü I I I I I I lOt- ....NM'<tLO<OI'-OOCJ) Q) Q) Q) Q) Q) Q) Q) Q) Q) c c c c c c c c c o 0 0 0 0 0 0 0 0 NNNNNNNNN ...'<t \0<0 ....'<t M - _C') 0--.... ",,0> o o M. 00 V) "" ... 00 V) 00 M V) "" 0000 "''<t MC') 6- _0 V).... .........Lt)_ "" .... 0-- \0 V) 0'>' M "" - M O. 00 M V) "" 00 ... I"- ",' M 0'> "" '" Õ f-< :tIcl Q) ~ Q) $ '" Q) ~ 0)1:) 1:) Q) ~ .t:! et ._ 0 1:) E Q) cu -g E u e .~ - .~ Z' OJ ",CJ) 800 ,0> :::>- CULL û)~ ~u 1'-- , E N ~ '" 0 Q)- CO OC') N LO. o'<t - .... 1:)- CU 0 Q) Q) Q.~ '" Q) s: g¡ 0.. a:: 0, ON 00 Q) LO e LCio &'7N Q) Q) ;;; N :;r ~ C' ::: <:i "' -t; ð; Q) -: ~ :¡; ....N / Rancho del Rey Open Space District No. 20 Amortized Costs Amount Accumulated for Fiscal Years: 90-91,91 , 92-93, 93-94, 94-95, 95-96, FY 99-00 Zone Description 96-97, 97-98, 98-99 Amount Work Description 1 Desilting Basin $134.818 $0 Desilting basin maintenance (every 5 years) atE. H SI. $33.500 $0 Stabilization stuuctures maintenance (every 3 years) $3,649 Miscellaneous 2 Rice Canyon $0 $0 Staging Area - A.C. overlay and stripe (every 5 years Trail area $357 $228 Staging area maintenance (30 year period) $0 $0 Miscellaneous 3 E. H street $0 $0 4 SPA 1 Phase 1 $36.018 $4.002 Monumentation replacement (30-yr period) (Business Ctr.) 5 SPA 1, Phases 2-6 $327,593 $34,617 Theme wall & monument replacement (30-yr) 6 SPA 2 $0 $0 7 SPA3 $0 $0 8 Desilting Basin $0 $0 Access Road to be built. at Glen Abbey 9 Telegraph Cyn Chan $2,888 $722 Money on deposit pending payment (SPA 3 area) Total $538,823 $39,569 Notes: 1. Zone 1 - $26,230 (5 yrs) & $6.700 (3 yrs) for desilting basin & stabilization structures not collected beyond 5 yrs per Code; Zone 2 $873 (5 yrs) for AC not collected. 2. Zone 2 - $12,044 from mise reserve used for mtc (95/96). 3. Zone 2 & 3 - Amortized cost for walls not determined. 4. Zone 2 - $3.990 from mise reserve used for mtc (FY97/98). 5. Zone 2 - $8,470 from mise reserve used for mtc (FY98/99). 6. Zone 2 - $4,365 from Sta9in9 Area - A.C. overlay and stripe (FY98/99). 7. Zone 2 - $1,695 from Staging area maint (FY98/99). 8. Zones 6 & 7 - Theme walUmonumentation to be added. 9. Zone 8 - Amortize cost at 2 years pendin9 construction of access road. 10. Zone 9 - See TC spreadsheet for cost breakdown on channel. h:\home\engineer\openspac\99rdrann.wq1 4/23/99 ¿ . '" f- Z W " :I: () '" 1= '" o o o N d, ~ ~ >- "- "' f- "' o () W () Z '" Z W f- Z ;¡o " "- o W f- '" " _.i= 1 '" 00 00 ~ "- c> c> '"~ d z tic> æ~ f-~ Ô~ WOO ()~ '" 0. "' ZO wO 0.1<1 0", c> 00 ~ N d zoo f-OO ()~ ã:cb [;;c> õ~ W () Cf:o ",0 ZO wN 0.'" O~ ~ ~ d zc> f-OO ()~ å:cb [;;00 õ~ w () '" 0.0 ",0 ZO wN 0.'" O~ ~ o C! a; ... .. 000000 ~oo0C!0 (")ooot--o IDONCOOO 'Ctvr--C'>NCO Ñ .ria:> ~ o o o oo '" .. 000000 000000 ct5cic6a:i"":o IDOMCDOO '¢"'CfMI'-NCO Ñ <6"': ~ ~ o o or; "" .... .. 000000 o~oooo oooN""':ci IDOC»<o:tOO M'CfNONCO M CIicò ~ ~ '" 00 00 ~ "- 00 c> o o ..; "" ;;:; 000000 000000 co?o~"":""':ci IDvCOr---MtO o Q)I{)C")(") Ñ "":1.(') o o ..; .... ;;:; 000000 000000 M o U"Ì 0""': 0 1.0 "It Ll)1'-C") co o o("')C")C") Ñ ÑLÕ o o or; c> ~ 0000 0000 ..tcO"",:ó 'CfVMCO .....vC"')C"'> ÑtÕ "'0 NO ~ . -0 ¡;¡... '" c> 00 ~ "- 00 00 - 0000 000C! criómo NOtOtO 1D"ItC')C") fØ~o) ~ 0000 0000 c6""';ció c<)CCCOV ci~O)~ N 000 o~o ciao) "'0'" ......"" fØ .....~ oi ~ 00000 o0C!C!0 g~~~~ (")~~O)~ ~ 00 00 00 '" 0 oo... ....: 000000 ODa0C!0 OONcnOO (C<D<OCDa)'Cf ciM ~,..:CÐ ~~ N _ ro '" 8. '" is '" .. B " .~ .Q " t; '" .!2 ëõ õ ,,"'U o~..c ~ = ~ a..S¡:: '" 'C OJ õ 13 2 2 W ûj ¡g; C I/) .g> !ß ~.Q B :ë!ß!ß:a.c:~'~ Jl _~·~.2 g.'~!E¿ß U)~ Ë4I~(/) i-ro~ oU,)CJ)~.9()~55E~ - ~ - ro ~ ~ .2 E 8 41 moo mOl/} ~ 1».~ëi5 e~'~~~~4i 1» ~ ~=ª'§ Cm ~ e §-£-Èj :>C/)()ü~::EIDa..C/JO« o o ... o ..: "" .. 0'#.8 ~~o ~\O Ñ N .. o o -.i <õ as "" .. '#.0 000 C!II")Ó (õd ",,'" ..; N .. o o -.i N '" CO; "" .. 0*° 000 CÓ~O ooN ",00 Ñ "" .. o o ,..: .... ... o ;;:; 8. '#. g ~ci o~ ",'" <6 .. o o oó o ... ci ;;:; ~~~ "'~ ....'" <6 .. o o ..; .... o ~ ;;:; o o <6 '" 00 C£ .. o o or; c> 00 as oo .. o o ,..: N '" ..; "" .. o o oó '" N as ... .. o'#. 00 .....:~ "'~ ""- '" ;;; .. o C! "" o ci oo .. o u w u Z « Z w >- Z ;¡: ::;; o w >- « ::;; ;::: '" w o _0 <6 :x;~~ ~ N- ~z¡ 00 ;~ 0.... ~.... ~cD ~z¡ 00 00 ~~ --"" ~~ ~.. 00 00 6cci 0.... "'coo 00 - ~'" .. 00 00 6C'i 0.... ;--.....- ~g¡ ,#-0 00 00 o '" 00 0C! 00~ ~~~ ~cö ",," #.0 00 00 ,.: ~ 00 00 gN ",N -.... ~cõ ""oo .. o 0 ~~~ 0.... "'c_ ~cõ ~¡;:¡ 0#.° 000 lri°o NN 0_00 ... .. 1" " E " ~ ~ "5 ë Q) g~~ 0: ~ Q).o..ro ~ v " æ ~ g !ß ~:g 0:"'''' ~ .L. _0 00 N-.:i N"" "'coo 1;c.ë ~N .. >- Z vw g::;; .!!'" 0'" ::Ow .,,'" ='" æ<c ->- ~w -JZ o o ,..: N ~ ...'" ",b or;~ oo N .. o o ,..: N - o*- NN ,..:~ '" N .. o o ,..: N - ",'" °9 có '" N .. o o '" ... N L!)cf!. :9 "" '" o o '" ... N N'" co:!;> N "" .. o o '" ... N ...'" c>b N "" .. '" .... <õ '" ~'" ""'9 or; '" .. '" ": <õ '" L!)cf!. oo... aíl.l( "" .. 00 ": <õ '" CJ)cf. o~ o ... .. '" :, o w "'N oo ~ NOO .. - N "" .. .... c> ...... N'" .. - "' "" .. "'N 00 '" N "" .. - '" "" .. "'" ...'" .. ... as .. "".... ...~ .. N as .. ....... ...~ "'N as .. "'... ...~ .. '" <6 oo .. ON ....... .. ... <6 N .. ON ....... .. ... <6 N .. '" ro " ,., o "§. E o '" 1" " E ,., ro ro Co 1š~ 't:> " " > " " ¡¡; E ',g :J " 0'" w æ ã5£ ;g ü~ .!2u Õ ã3 UO- -...'" ~t--:~ ~~O; ~~~ ""2"OL!):::e :::;¡~~ 00c>0 "'N"" ~..'" o ,....cf!. oo"" ..; ;;; .. - 00 '" N "" 00"'''' ~o~ ;TNN w~iÅ ""'L!)ocf!. ~L!)CC! NC":i....' ~iÅiÅ ~ ~ ..; ... ~ ....'" ...10 -.i ... .. 0... ~~;; ~~~ oeor--:::!:: \OCC!~ro OCf')N"";'" 0'. 0> r-- ~.... '" 00 ..; '" ~ 0'" ",:;'- or; .... .. '" 10 ..; " :5" TI ª Æ ~ "0 " UO: ã: U £ "§ ~ :J æ 0-" w u iiE gê ~ " !DO- ëë " " E E '" '" '" '" " " '" '" '" '" «« I '" ro ~ ,., .Q Q. E ,g '" c> ,., ro ~ " ro ~ Õ '" ro c> 00 ,., '5 ~ .2 ~ u " ro ro .c 'C " " 'C " ro .¡¡ 1ñ w ~ ~ '" =- ~ 1ñ ~ õ a: c- . ~ - o ~ ~ Û ro " " = v " 9 . v = 'c, = w .. E o :¡; :I: <t ... z w " I Ü ~ <t o 8 '1' '" '" '" >- "- '" .... '" o ü w Ü Z <t Z w .... Z ¡¡ " "- o w ... <t " ;:: '" W ,:. '" "'~ o z ... ü Õ'''' ....'" "'~ Ôc6 w'" Ü'" <t- o. '" Zo Wo 0.0 ON ¿, '" '" - '" 0", Z'" ...'" ü_ iEc:b ....'" "'''' is- W ü <::0 "'15 ZN ~cÐ O~ - '" '" '" - , .... '" '" - '" o Z 0'" ä:~ .... "'ø is,,, w'" ü- <t a. '" ~8 0.0 0'1' '" '" '" - ",; '" '" '" '" '" - ,:. '" '" - rn '" 8. '" is '" "" ¡¡ c: '2' .2 Q) Õ en Æ - Õ "'",U g.~ .r:. ~ ~ æ 0..5.= o o o o N '" 000000 oooc:~o ~~gM~g ..........U">I'--c;) " LÓ Ñ\Ó o o o '" N '" 000000 o~oooo 00(")0"":0: "I:tN"I;f"O.....CO ..............."''''..... tÔ ÑLÒ o o <ri .... N '" 000000 ooooc:o ,...:0.....:0.....c:i ~~r:::~M¡:e tÕ ÑtÕ o o o '" W 000000 000000 o o...t M""': 0 NNCJ)COvO N.....vCDCJ)CO a5 lÓoi - o o o '" W 000000 ooac:oo ~~~;;~g N..... coco C)) co crj .¢ri - o o o N '" 000000 ~~~~~â a;~o~~æ: 0) 1J;i"¡ o o <ri '" '" '" 8ggg~g OONMCO?O CDOtb"l:tOO MCCOC).....OO Ñ O)J.Ô~ - '" o o o '" "! ;;¡ 000000 000000 ooo..tcr)o ~ggLõ;:~ N~ aSci..... - '" 15 o o "':. ;;¡ 000 000 oocci "'0_ "''''''' ~ a5c;)..... 000 000 ~8g q.....aJ '" E 02 t5 ü 2 2 ëñ ~ CI).g:§~ 'C", Q):ë:;:¡U U'J :ëB¡ß~.5~·~ ~ c·-oo..col=:Q) 1ii2:'~~E~(/)-æ:g E~ÆQ).9ü~~êO) .91t:-g.CI)~oE8·~ 819 ~ ~~g.~~....:e æ"2: U) J:= "c Q) ~ Q) 0.. Q) Q) l2 Q)~§ æro ~'ê §-£.fj >cnuu...J::::Ema..cno< o o <ri '" '" ..¡ w o o ... ... '" ..¡ '" ~§â ",0 "'_ 00 - '" o o o '" ... ,,; w o o N '" '" ..¡ w o o ... ... ... ,,; '" '" ';to 800 uic;O "'~ ....~ oj w o o o .... '" oj N '" o~g ~§;o ~:£ oj w o ~ (; '" o '" '" o o 0-: o o cõ N '" o o M '" '" o '" '" °sg C:oc:i '" ~ N '" ,,; '" '" o o 0-: o '" ,,; '" '" o~o ocO ci~O "'~ 0'<' cõ '" '" o o <ri '" '" r-: '" '" o o M ... ... Ñ ... '" o U w U Z " Z W I- Z ;;: ::¡ o w !;;: ::¡ ¡:: en w E Q) E Q) !? > "S ë æ 0-0'" ~ ~ ~ Q)Q.,ê > 0 0 á> è:= ¡ß ~:g 0::"''' o o <ri '" '" Ñ '" *0 00 00 .; 00 ,#-0 00 00 ... '" ~~ 0_ 00 .-,,,, ~.,..: ~~ ,#-0 00 00 ... 00 00 o~ ...... ~~ ~ - ~- "'"~ 00 o~ g15 ....-- ~ó ..~ ~g 8""': r:x:.~ ~c6 ..;:¡; *,0 00 00 ... .... 00 00 "'- '<'", "'.", C:;c6 ..;:¡; ... z ow g::¡: ""'" .", "'w .,,'" =en æ< -I- ·w ~z l- I o _0 ~c:i 5~ g ~. - - ~ ..;;¡ 00 o~ 0", ~.~ :!Ñ "w 00 0,< ='''' $~ ~ ::: N- "w 00 00 00> ,"N óT"""~ ~~ '" o o N '" - o o N '" - o o N '" ~ o o N N - o o N N v* N.... criC( .... W o o N N - o#. N _ <ri .... w o o o N '" NM <Ó '" N '" o o o N 0'" "'~ ~~ N '" o o o N 0'" 00 M N N '" en :, o w ::;¡ Q) 00> W ¡¡¡ wt5 ;Q t5~ ~ ~ Õ Q) U"- ",'" ",ß, o .... '" N#. "'.... <ri .... '" o:>#. ~9 .... '" L{)ìf .... N oj .... N '" 00 "'''' N_ '" - ... '" '" "'N ........ ~... '" - N '" ",0 ....'" -'" '" - N '" "'0 "'''' NO "'0 '" '" MO "'''' N'" "'CÕ ... '" MO "'''' "'''' '" - '" ... ... '" ro Q) ,., .Q 0. E o -= E .. E ,., '" ~ Co :mfß- o c: ".. c: > Q) Q) ã> E , e ..- :ë .. t$ E Q) Q) = > 0.. Un: _N ....0 "''''- ...."'''' "''''.... ""cri"": ......'" --'" ..", '" "'N ....- "'''' Ñ w ~~t£j~ ...o....:C\i ...",,,, ;;;;;~ "'N ....- "'''' Ñ ;;¡ ('I')#. ...'" <ri '" '" ... 00 - ~ - .. ~.... '" - '" '" ~~g NNN ..",,,, r--vf'...* MOVC:C ~"":""':"7 ~g~ "'''' ... CO '" o ~ .. o:>#. ........ M '" N '" NN '<''''''' gMO> z;;gre "'''' N(oN* 0'10:>('1')9 8..;t~ MMN ..",,,, '<' 00 ... ~ .. N* - '" M .... N '" '" o '" M ã: U :; O¡ 8, ::;¡ ¡¡¡ 0'<= w" ~]5 .g~ " Q) <Do. c:c .. Q) E E '" '" '" '" Q) Q) '" '" ;J2;¡¡ '" ro .. ,., o o§. E g '" ¡¡¡ '" C- · -c w o '" ~ · ~ - = · ~ o '" · · = .'" 1;; Q) õ ò: o ! Ï >- .. "' >- "' o " UJ " Z " Z UJ >- Z ;¡: " .. o UJ >- " " ¡: --^~~ " >- z UJ " :I: " " ~ 8 o '1 œ œ œ I ~ '" '" œ~ Ö Z 0'" æ~ >- "'d:, õ'" UJ'" ,,~ " a. "' ZO UJO 0.1;: 0d, '" '" ~ '" '" '" ~ ,.:. '" '" ~- cj z >- "'" â'''' >-'" ôd; '" UJ", ,,~ " a. "' ZO UJO 0.0 0')' '" '" '" ~ '" '" '" ~ ,.:. '" '" ~ ~ cj z 0'" æ~ >- "'d:, õ'" UJ'" ,,~ " a. "' ZO UJO 0.0 0')' '" '" '" - CD! '" '" ro '" 8. '" is '" '" 1] c .~ .Q " 13 en .!1 ro ë5 c",u g~~ as - ro c..S'= 000 000 oci.q: '" 0 ~ "'...... fß""":ai 00000 00000 cia:iNLOci ~;;g~~. ""':0 N - - 000 000 00"'; '" 0 ~ "'...... ~...:ci - 00000 00000 óci&riLrici NCODOOO C':Iâ~O_Ul N - - 000 000 cici.q: '" 0 0 "''''N ~...:....: N 00000 00000 o..¢aiuici NN,....OO CO?âri°.LO. N - - o o ci o '" '" 000000 000000 "':OONNO r::~g:g.~~ ~ 05;; o o ci o '" '" 000000 000000 "":ciCÓc:ONO .....NI.()t'?NU'> ~M~CO."O;f"(,,) _ N o o ci N '" '" 000000 000000 cx:iciNc:åC'\iO LONo)C"')NIO (CJ("'}COO,,¢"M M wÑ _ N o o ci '" ;;; 888888 còoN""':-.:tci <0 o co..... (") (0 CC N OJ,.... N ('I') ri "':ri o o ci '" ;;; 000000 oo~ooo ~g~~~g <DNOI.ONM M Ñri o o ci .... ;;; 000000 0C!0C!C!C! <riOIO<rI'<tO <OOLO(DM(D CONOI.l)NM ri C\I- ri '" '0 0: g 1:5 J:¡ 2 '" üj ~ C I/) ci) (/):2 .0_ " 'CtIJ a>.Q U en :ë8~=ä..E1š·~ ~ .E-::;:.5:2 g.ro~~ UJ:S ro~t=CI)E.... 160 ECfJQ)4)oc3~ëEæ .9:t::~g.;~oQ)Ec: ~S~oroo·¡;j~8~ Q;._ CI) .... C/).¡: ¡¡:; ~ Q..... Q) ":::: '= __ë-g.$"Õ- a.~ > ~ Q) =" 0 ro ro en e :::I -- -0 >(/)ÜÜ...J::!:CCQ.cnO<t: o o ci '" "'. ;¡:; '" ~~~ N ....., ~>:o M '" '" o o ... '" '" <6 '" ... o o cri '" '" Ñ '" '" o o N '" ~ .; '" '" 0*° 000 M~O ID~ ¡-; ... '" o ~ ¡¡; - M '" '" o o ... ... '" ..... N '" o o '" o .... Ñ ... ... 0*° 000 ,..:°0 "'~ ....>:0 ¡-; N '" o o ci o o ... ... '" 0*° 000 ci°ci ",N "'. ~ ;;; '" o ~ .... ... o ;;; ,*0 800 có°o 0"'; ",>:0 <6 '" o o N '" '" å ;;; o~g ~8o-: vV-; g ,.....~ <6 '" o ~ ;¡:; ... å '" 0*8 ~8o ",0 "'oc .; ... o u W U Z " Z W f- Z <i' ::õ o W f- " ::õ ¡:: en W " " E " l' > "S"E: 05 g~~ cr; ~ Q)c..ê > 0 0 á:i c::; II) Q) :s Q) :ß-o cr;",,, o o N ~o ~.- -... ~~ ~f5 ;;:)0 ,..: ~ 00 00 ;?M :;õ~ ~ oc . ~o ",,,, '" "'0 00 ~ci ~N OC.'" ~ó "'::;¡ ß8 ~O N ~ 00 00 o~ 00 N. '" ~oõ ",,,, '" ~o "'0 gg N.N gó ...,~ :00 ~~ ~'" ~N ~.'" ~o) "'~ :00 00 0"": >:0- "'''' ~ . ",'" '" o o 0; '" "'- oc . ...,~ _0 00 r-.ir-..: "'... N._ 00) ;;;... f- Z oW 2::E 'en .en !:Ow ..,en =en .E< ~f- .3~ ~ ~ o ~ ;¡; '" If)# ~";- ... '" o o ~ '" "" O¡¡, N~ '" ;;; o o ~ '" co?ft ~9 ;;; ;;; o o ci - ",,,,, ~o ... ... ... o o 0; ~ - o?ft 0.... .0- '" '" '" o o ci :: v?ft "'- N' '" '" ... o o ... o - C))?ft "'- cri' '" '" o o ... o - 0'J?ft ~~ '" '" o o ... o - If)?ft "'0 '" '" '" en :, o W ::J " 0'" W æ w£ f2"E 13 " ~ ~ õ" Utl. on 0 ~'" ; 'r"~ ... ... '" "'''' "'''' ~'" '" . o '" '" "'''' "'''' _ '" '" . o '" '" NO ;~ ... . '" ... '" ",0 "'''' "'N '" . o ... '" "'0 "'''' "'''' '" . '" '" '" :¡:¡s "'''' a; '" "'N .. '" ...- a; '" .. N .. '" ...- a; '" ø ro " >. .Q 5. E o "" " " E >. ~ ~ ~6't o C '0" = > " " ã; E , e ,,- :¡; " ts È " " => 0" ocr; -"'0 -"'- ~NLri ~"'''' - ...,~~ "" ~~~Cn ~~!.; ;:;~;; N ~ ,..: ~. fg~1 ..; '" ;;; I - '" ~N'" ~f'-.N Nr-..:M >:0",,,, ~~~ NCO :::e. ("'--LONO c;~g';J ~~~ >:0 ~ ... OC '" '" 0"" 0:;" 0; o '" '" ~"'''' ~('O")co -NO ~oo ....;;;; OOf'-.M?ft 1"")0iX)"';'" ~gg ;:;;;~ ~ o o o '" CT1?ft ... ci o ;;; '" ro " >. .Q 5. ¡¡: E U 0 "" £ " .§ 0) ::J æ 0-'" W u "''' ~8 '0 ~ ~ " !:Otl. "" . '" ..; "Eë " " E E '" '" '" '" " " '" '" ~~ œ œ " ;, 1;; " õ ct '" · '0 · o œ œ Õ · ~ · = · ~ o -c · o = '¡¡' = UJ .. E o :; :I: '" I- Z W ::; ;¡: ü '" ~ o o o '1' m m m >- "- '" I- '" o ü w Ü Z '" Z W I- Z ¡¡ ::; "- o W I- '" ::; ¡:: '" w :'? o z t>~ æ~ 1-' ",,,, ô~ w~ ü '" "- "'0 zo wo "-'" Od, '" '" ~ ..:. '" '" :':~ o z 0'" æ~ I-~ "'a, 6", w'" ü~ '" "- '" zo wo ,,-0 0'" d, '" '" - ;: ö Z'" 1-", ü'" æ~ I-a, "'''' 6'" w- ü '" "- "'0 zo wo "-'" od, '" '" ~ '" ~i ..:. '" '" ~ '" '" '" '" '" '" ..:. '" '" ~ 15 '" 8. '" is '" "" ~ c: '2' .2 " " '" .!2 ro 0 c: '" U ~~-t5 Q) - ~ 0..::>... o o 6 '" V; 00 00 .no "'''' o~ <6 0000 o~<=!o N~"II:tO MNO'V COONN Ñt--.- o o 6 '" V; 000000 000000 trici"':r.ri-.io CONCONOv O.....CONNN cD t'\Î cô o o 6 '" V; 00 00 cOo "'''' "'- <Õ 00 00 tri,..: ~;;; Ñcri 00 00 or:to 0'" "'''' o o 6 ... .... - '" 000000 000000 "':ocOMcDc::i CC"'¢"CDCCt--O InNCDr--.....O r.D~r.D-.:iri~ .... "'''' ~ o o 6 '" ..... V; 0000 ;3~~~ CC"l!:tLl)(C Ll)Nvv rri...:r-:a; r-.. M;: 00 00 <Dei ....0 ~o r:ri«:i o o 6 o "'!. V; 000000 000000 ciciLri6cOo ccvtbMr--O .....NCOI.().....O ~...:~~riv- - 000 000 601.0 "''''.... "''''- '" . '" '" 000 000 cci""': ...-'" .......... cõllf ~.... 00 ~~ ;::; M 000 000 cic:::iui ..."'.... ...'" '" c;,; '" 00000 00000 OM a;"": ci 'It CD co..... V -q-MLOt--v ,..: aj ri ~'" 00 00 cici 0'" "'''' '" 0000 0000 g~~èt r--.<o;tNM Ñ "':0 '" ~'" 00 ~o _6 ;::; M '" " ~ õ Õ 2 2 c;¡ u; ¡g; é) U)"Oc:ß 1§~:ß~~~'~ ~ c:.!JUC."rol;Q) "- "00 2:"-:] E1:: Cl)lG '0 E " ~ '" ,,-.!!! g ocnÆ8.,gü~ä3E~ -~ - ro $ ~.2 E S'æ ....CD.æ~()roÓ~Q) :¡:¡ $·~Cf.).b~15j2.!a.Q5 Q5 roQ)~§æro~eg.£ii ;¡:"'UU...J::;lDo..",O< o o ui '" '" <6 V; o ~ C; '" <Õ '" o o " '" .... <Õ V; o o ..,: '" ~ a; '" '" '" o o 6 '" "'. .... '" V; o o '" '" M ... '" '" u; '" as '" '" o ~ N '" ..: '" '" '" 0*8 ~~ó 8~ <6 o '" '" o o .; '" '" as '" V; o o '" '" '" c;,; '" '" o o '" '" .... - - '" 8~~ ;¡;;:o ...~ Ñ .... '" o o " ... .... <Õ ~ V; o o '" '" ... M - V; ° U w U Z < Z w ... z « ::; o w ... < ::; ¡:: '" w 'E " E " ~ ~ "5 ë Q) C'~'" ~ ~ ~ Q)Q..ê ~ ~ ~ CI) ~ "0 " ~"C 0:0:< 8§ð M--.;O ;; '" as '" o o ci '" '" ó V; #.0 00 ~ci ~ ~ 0*° 000 a)oci ...'" "'~ Ñ '" '¿f?O 00 06 vi ~ õ~ 6... 00 -.'" ~r.D -'" "'1;; o'#- ~g vi ~ 000 000 cioo::i 0", "'''' Et "'1;; 00 00 a\a) ...", "'''' '" . 0;1; ~~ ,*0 00 06 "" ~ 00 00 g6 N~ re ~Ñ "'~ V; 00 00 6,...: ~~ =~ "'''' *0 00 06 oò '" 00 00 "'0 ~- "'''' ~pJ ",,,, ... Z ~w g::; ~'" -;;", COw "'''' "'" &:< ~I- ~w ...JZ /' ~. 00 00 00:; ~.... "'.'" '" . ",'" V; 00 o~ go o~ gj ::!Ñ "'V; 00 00 ......,: 0", ~.- =Ñ "'V; o o '" '" o o '" "' o o '" "' '" '" .; .... '" '" '" .; .... '" '" '" .; .... '" U??fl. C'!~ C; '" '" '" ~ N '" ~ CD"#. ~9 '" '" '" ~ N '" - CO#. ....'" ~C'( '" '" ~ N '" - ",,,, co,? " "' '" '" => o w ø " " >. .12 c. E g ::> " 0'" W ¡¡¡ W-'" :c " :s~ Æ ~ õ" uo.. r---cf:. .... ,,' '" '" '" ",,,, ",&, ..,:~ N '" co"#- '" ,,' N '" coèft. "', ;: '" '" t:Cõ N'" .. . '" '" '" '" r.oèft. ~~ "' '" '" ....... on", N... '" . ... '" '" '" ~'" ..... N_ .. . ;1; '" '" on", "'''' .. '" Ñ - V; "'" on _ "'0 ó .... '" "'" on ~ "'0 ó .... '" 'E " E >. ro " c. ='" o c: "C " c: > " " ã; E , e ,,- ;§ ~ "c: " " = > o " UO: " - "'''' N'" .. ...' V; ~....~ ~;~ ........'" "'N'" "'",,,, ...'" ~'" N~ '" . '" V; I'C\lcn:::e: ;;C\lf"':" 1'0:)00 ~re~ "'''' ,,- ~... N _ .. . '" V; r.oèft. ~'"';" .... '" '" '" '" '" 00 '" '" -"'''' ~ ">CD r;;;oLri ~ææ "'''' oor.o...,.:::e: d~~~ "'0.... ~i4z;t ~ "" o ~ '" ",,,, "'~ ..,: CO> '" '" ..."'''' ~"'''' gO""': ~~~ NOOCO:::e: o.r.,.... C"':! ~ ggci!;'"';" "'",,,, 00 ~'#. .... "'... M ,...: '" '" '" '" '" . '" .; ä: U '" .~ & ::> ¡¡¡ 0-'" w" ~c .g'ê " " 1D0.. 1::1:: " " E E '" '" '" '" " " '" '" ~~ m m ¡;¡ ;¡ ø " " >. o .~ E o '" ¡;. . '0 w o m !I; ro 0. w o i't o 'C ~ ~ " "Q¡ t; .!2 o ct õ ,. ± <. .... z w ;:¡ I " ~ <= <= <= N do '" '" >- u. '" .... '" o " w " z <. z w .... Z ¡¡: ;:¡ u. o w .... <. ;:¡ .--"' ¡¡ Ö z ....'" Q", "'''' ....~ ~cb ,,'" W'" ~~ a. '" zO WO 0.0 ON d, '" '" ~ '" '" '" ~ , ~ '" '" :"~ ö z 0'" ¡¡:'" ....'" "'.r, is,,, w'" ,,~ <. a. '" zO WO a.¡;¡ 0d, '" '" ~ , ~ '" '" ::~ ö z ....'" 2~ "'~ .... , ",,,, ë~ w~ " <. a. "'0 ZO wO 0."1 od, '" '" ~ '" '" '" , ~ '" '" ~ 00 00 cicci 0'" Ov a:i16 ~'" '" '" '" '" ro '" 8- '" is '" "" '" <= " 0 .~ t5 Æ ~ ëii Õ <=",0 ~~~ Q)...... ~ o.:::>f- 0000 ooo~ g~~(2; I.O.....CF)ID córiÑ '" '" "I 0000 0000 a::icriN..n .....COU">(J) co~ N N ('1"). ......öo)"<:t OO)...-N ~'" 00 00 cOo "'0 vO a.ô",,: '" 0000 qoo:~ og;;;~ LOmC"),... 0) r:t5,..: ~ "'~ "I ~v 00 00 00 "'''' ~ "'- .,.¡'" ~ ~ 000 000 ~~g <D<D CÖÑó ;;;"1 00 00 NCÓ ~'" "I'" e£lÓ "'''' ~ '" 00 00 00 "'''' ~'" <6a.Ö ~ - o o '" v 0. ;;; o o ci ~ v Ñ '" 0000 0000 óC'.Îcód ~......~~ <6..... ..... ~'" o o o <D ~ '" o o ci ... v Ñ '" 00 00 "':0 t: Fò. <Pv ~'" 00 00 cOo '" 0 "'''! - o o o '" '" '" o o <Ó ;;; .,.¡ '" 0000 0000 "':cicóci .q-CDCOO 100. co (J) N~ eDlri" ..... ~'" o 0000 o 0000 ci Nmoo CD COil) I!) 0 I,t') Nm!.O..... Ñ"': o 0000 o 0000 c::i aric:ic:io CD C>OIJ')O LO ~""'LO...... Ñ"': o o o <D '" 0000 0000 tÓ-.ioo ro')CO)I,(')O ('1"),...10..... Ñ- '" "0 OJ t5 tf 2 2 ü) 1;) å tI æ en"C.ª Q) "CI/) cv:c.....o If) :C8¡ß~c:5'~ ~ ·~·~·~~'~$iß-æ:g ~~~ ~.9ð~~ ê ~ ; ~ ü ~ ~ ~ .~ ~ 8 .~ CD·2êi5g~·ä5~~a.æ~ ~ >,C c:- 0 0 CoJ:: > ~~58.5~ÆIl:ã5õ~ o o o '" '" c; '" '" '" o o N '" <D Ó '" '" '" o o <Xi v ~ Ñ '" '" '" o 0. ;;; '" M ~ ;;; o o .,; ~~ M ~ '" o o N o ,.: o ;;; 0,#0 000 cri~ci "'~ ",'<' c; <D '" o o ci '" '" ó ~ ;;; o o ,.; <D '" c; '" '" o 0. ;;; v .,.¡ '" 8. *8 go L{;ci v;:: .,.¡ '" o o or; o v .,.¡ '" 0*° 000 ..q:oci "16 ",00 ..¡ '" o o o '" "I .,.¡ '" 0*8 080 °ó "'0 ~- '" o o LU o z « z LU f- Z <ë ;:¡ D LU .... « ;:¡ ¡:: (/) LU E '" E '" l' >- "S ;;; ~ g ~ ~ O:v- CD 0.. ê ~ v 0 Q) è:;;:; ~ ~:g 0:"'« '#.0 00 c:çi =>0 00 cci =>... ",,0 => - O\~ ~'" '$.0 00 06 6 '" =>0 =>0 :::iN ;;;.~ :!c6 -'" ~'" =>0 00. g", ""l~ =~ ~ o o 5~ O',.cc ~~ =>0 =>0 <Ò'" "'~ '<'.", 00 - ~;;; .... Z vLU g~ -"'" .'" ::OLU "EC/'J ;'" u.« "f- "LU ~Z rì =>0 =>0 =><Ó =>", "'<D ~..¡ ~o ;;; Q; ð3 92 .c<ñ "'" ~ 19 0 øw3: '" '" ,.: '" '" o ~ "I '" '" '" ~ '" '" o>'#- 0'" N'7 "I "I '" o o .,; '" v ~ ~9 N "I '" o o <Ó v o'#. 00 '0 £'7 o o <Ó '" 0'" '" <= Cõ '" o o to v '" ~ c '" '" (/) :, D LU :::> '" DO> LU <= Q5~ :c~ :;::; c ~ 8 =0 å:i 00. LOg; 0'" ...'" N<D '" . ~ ;;; N<D "I'" NO '" . <D '" '" ~ '" "I'" N~ '" - <D '" '" _<D "'v '" "IN "'''' "'''' Ñ '" "IN "'''' "'''! ;;; '" ffi '" >- _2 is. 'E '" E >- '" å; 0. ='" 0<= "0" <= >- '" '" ¡¡; E , 0 ","= :ë '" :g ª ~ ~ 0" 00: E o "= ~~'" ~...... N..oc-.i žiMgJ "'''' o o Õi '" !'-C"')N::::e:G: !'-..........~ .,.;r--:có ~~~ "'''' ~ - ,.: N ~ ..., 00 '" 0 - <D", p¡~~ ;;;~~ I""1~O# '<'v", Mcrir--:' ~"'~ ;;;Z;~ ... ... 00 ~ ..., ~ . '" ,.; ã: ü £ '" -§ OJ :::> ¡¡¡ o.c LU " 1Èã5 .g~ => '" <Do. ëï:: '" " E E '" '" '" '" '" '" '" '" ~~ '" '" '" v .£ "0 '" a:>::::e:rn oårm ..0 ts ~ ~ '" '" :::> D LU <= ¡¡; -c E is ;;; '" " "0 => U £ '" '" " .....::::e: :;: aJ ........ co Q5 U ~~cn~ ::= <= .œ '" {j)"E >. '[¡j ü E '" '" ffi '" >- is .§. E ,g ~ ~ ?5 ;;¡ ;;; '" õ a: cr . ~ w o '" '" Û ro C- w o v C- O " v o .'" o W .. o Õ ~ I '" ~ 2 W " I ;,¡ 1= '" o o o N do '" '" >- "- "' ~ "' o u w U 2 '" 2 W ~ 2 ;¡: " "- o w ~ '" " ¡= "' w '" '" '" ~ ..:. '" <n'" N- O z ti", õ:'" 1-'" BcO '" w", ;,¡- a. "' ZO wO 0.0 ON d> '" '" ~ " N o 2 b~ õ:'" ti;tb B~ W~ u '" a. ",0 ~g a.N od> '" '" ~ '" '" '" ..:. '" M'" N~ o 2 ~ U'" õ:'" ~'" "'~ ÕCÒ '" w'" U~ '" a. "' 20 wO 0.0 O~ '" '" '" ~ o o o N ;;¡ 00 00 00 ...... .... ~ 00 00 Cõ~ ...'" ·M 00 00 00 ...... ~ o o o '" '" 00 00 00 ...... .... ~ 00 00 cD... :;¡:~ "':Ñ 00 00 00 ...... ~ o o o '" '" 00 00 cDO 0'" "'. - 00 00 cri-.i "'0 ...0 ..,..:t"i 00 00 00 ...... - '" '" '" '7 ... '" '" ~ 00000000 OOOO'=!C!00 ciciMO(I"JMcici .qCOOCD'VCOO(¥') C'lNO.....C'")(J)..;tCO fh ,...: c;j,...: 00 00 60 - '" ~ N '" 000000 000000 ("')0("')"":06 O(DO)'¢OM O.....MO'¢a::I r-: coir--.· 00 00 cio N'" N '" 000000 000000 NO""":cóoci m(D-vr--oC'? tD........,......vo:;¡ t--- cti,...: 00 00 cio "'''' "'N 000000 000000 "":oLri"";oo ~væ~N~ ...¡ Ñ"¡ 000 DOC! oor--- "''''''' "'NO ..¡ 00000 0c!0oo ON..tOO """"re~N~ Ñ"'¡ 00000000 00000000 gg~~~~og ~N<D c<).....NC!I ...¡ N·...¡ "' '0 Ì52 13 rn ü 2 8. 2 :- U) ü.i C) C t".I is é) U)'CoQ> U') oð 32Cf.1(/)Æ:ët;;·5:2 Q) c .00>,,"0.0..502: (.).Q c._o rot;:Q) .~ Ü '~~'~~E~~ en ..9:? oC/)cn CD.9ü ~ ro õ .....1t::-g.!!1;c.Q CCf.lÜ Q)!!!(.)o.~,.Q~ o.!y..c: i».2cn,g~ ID~~ ~=: J -è:>.cc:-u Q):';::~~Q)~o«J~t'tIe a..:J~>C/)UÜ...J.:=.c:la.. "' Æ -ä:g ëEO'I " E 0 E 0 Iii Q)u:¡:; "'i5..ã; Q5 §-£i; (/)0« o o cD N '" cD '" ~~~ ~~ ... '" o o N N cD '" 0*'8 ~gci ",", 0'" ..¡ '" o o ci '" ... cD '" 0*8 C!8o "'6 "'0 ~- '" o o ci '" N c5 N '" o o <Ó ..,.- ",'" Ñ '" o o ..; N N c» '" o o cD '" ... Ñ ;;¡ o o cD o Ö N '" o o ci '" o ,.: ;;¡ o o ..; ;:¡I; Ñ ;.:; ~§â IO~ .; '" o o ..; ... "'. 0,*0 000 C\Î~o "'~ ...'" ,.: '" ;.:; o o ci '" "' Ñ '" o#.- 08 crió "'0 ~- ;;¡ o ü UJ ü z « z UJ f- Z ;;: ::¡ o UJ ~ ::¡ ¡:: (/) UJ 1: " E " i!! ¡: "5 ë 35 g~~ 0: :; Q)o.ro ~ " 0 Íi5 t:g CI) ~ ~ " "'0 0:"'« ~8 80 õ8 ÓLÓ °co "'-0 ~.,; "';;¡ "#.0 00 Co "' '" 00 00 goo r---~ 0: :=LÕ "';':; ~o :;'0 00 "' ~ 00 00 NN 0", "lco a- . -... "'- '" 80 .0 Rcó ~~ ;;;~ '" 00 6~ 00", ""'" ~sf ~8g Or--.~ ~~ ;::,..: ~'" f- Z "UJ g::¡ .(/) õ(/) COUJ -o(/) O(/) æ< ..... .3~ 000 000 6 . 00- ocdó ~ t{)~ '" 00 00 go a-~ ~ :::.;~ 00 00 "'- ~'" ",-", ~~ /7 y; o o ci - o o 0; - ..o'#. "'''' cx:i~ N N '" o o ci ~ "'~ ~9 ... N N '" o o o ... "'~ 9 ,.: ... '" '" o o o ... "'~ -.:t9 cD ... '" '" o o o ... o'#. "'''' ,.:~ ... ... '" '" '" cD '" ",,,,, o&' ":'" ",'" '" '" ... ~ ci co -.:t'#. «>... ;::<9 ;;¡ ... ~ ci '" OJ'#. ...... 'N ~, '" (/) :, o UJ :J " 0'" UJ æ '<;.0 :¡; " t)ë ~ ~ õ Q5 Üe.. ......#. ~~ '" N '" "'- N '" N'" '" . ... '" "'N N'" N'" ... - ... '" ...0 ...'" MO '" . '" ~ '" "'0 "'0 MO '" - '" ;;¡ "'0 ::¡::g '" . ... ;;¡ ...~ MN M'" '" . '" ;;¡ N... ~ co ~'" '" - '" '" ...'" "'... '" '" ,.: '" "' ro " >- .12 c. E o .:: 1: " E >- '" ro Q. ='" 00 '0 " o > " " ¡¡; E , 0 .:: " ;fã ~ <:;0 .!1 " Õ ð; üO: ..... O>N N«> '" . '" '" '" '" "'"'"' d-«:i...-i- :;;NCD ...,~~ OLO~ 1.00)0>0 ~~æ~ ~~~ o a- d, .., ... ~ "'~ "'~ ci '" '" '" ~~~ o.n~ui ~;1;~ ~"'''' COCO#. ~-.:tLOLl( ;;gg ~~~ ~ ... 6 '" ~ ~ ('O')#. «>'" N o '" '" =:MCD r-:~..o V1Cõ~ ~~~ ......Mt--~ C:ONO ;C;¡!~'"t :;:¡:;~ .., o '" ... .., ~ ;;'. ...«> N ... '" "" o "' ..; ë: ü £ .~ ~ :J æ 0.0 UJ " ~~ .g>~ ::> " IDe.. ëë " " E E "' "' "' "' " " "' "' "' "' <{« '" m ¡;¡ " "' ro " >- o "§. E o .:: ~ · ~ · o m '¡; · ~ w o ø ~ o 'C " " o ." <ñ " õ ã: õ :; Ï <C I- Z W ::¡ I " ~ <C o o o ~ ~ ~ ~ >- u. V) l- V) ° " w " Z <C Z W I- Z ;¡: ::¡ u. o W I- <C ::¡ " 1 00 0> 0> ,.:. 0> 0> ~ 000 000 066 "'OON NNO .... N M M 00> ã:~ I-~ V)<b Co> wo> ,,- <C a. V) ZO wO a.¡;¡ 0", 0> 0> - 000 000 000 ",OON NNO .... N 00000 d2j~dd cocoCX)~-.:- 0).0...... N ~,,; ~ 00 00 ció 0000 0>. 000 000 ooci 00"'''' O_N -,,; ~ 00000000 0 00000000 0 OÓOOOOOO 6 .... 00 0> 0> ,.:. 0> 0> - o o o '" '" .... ;;; 1-0> º~ 0:_ I- ' !Q~ 00> w- " <C a. V) ZO wO a.¡;¡ 0", 0> 0> - o o o '" '" .... o o o '" '" .... 000000 000000 <ÓÓ~O)NÓ o;~~fó~t=; 0) MO'¡·Ñr>'i N _'" 00 00 cóci 00 0> '" c» N 00 00 -.:to "'00 N'" N '" '" 'C q, ~ ü 8. 2 '" -¡;; ë5 ci) ~ ~ ~B~ .~ .Q .E"2:;-~ Îii Õ ~ Q) ~ (/) ~ 0 en en ro õ -:t::_ c UJ Ü Q).£9 0 o Æ.c Q:).S:2 CIJ .§ ~=(f.)-C:>.c IV:= e to CD:'::: 0 n.::J~;::enüü 0000 0000 cci"":NO I.OtDCÐt--. ,...........00 ..¡ riÑM· -'" 00 00 -.:rcó ~tti_ "'''' ~'" 00 00 NO 0> .... 00 Ñri Ü 2 1ñ Vi gCID ¡ß:iS .Q u '5. <= B'~ §- -æ § ~ en E Q:¡ CDBü"ê c.ø::o ~ 16 0 Ii) w";;:¡¡;;: (f) 'OQ)x~ æro~e ...J::EIDa.. o o o 00 C>. '" o o o 00 0> '" '" " ~ rJ)~ :§ ~ fi5 E ~ E 0 "¡;.; Q)U:;:; "õ..(¡}Q; §-£i; enO< o o o '" o ,,; N .... o o o '" o ,,; N .... o o o .... o o .. '" 00 06 00 .... o o '" o '" 0> .... o o .; '" 00 <Õ 0> .... ° ü LIJ ü Z < Z LIJ ~ Z ;;: ::; " LIJ I- < ::; ¡: en LIJ 0*"° 0 00°50 ...¡. 00 ó..,¡. 00 ~'¢ I.() - I.(). N .... .... N .... o~8 ~õó 00 "'- N .... 58 0"": "";g ,..: N .... 8~g egó ~~ 58 00 "".... o"#. 08 ~g 06 00 .... 000 000 cógtÓ ~ o:T~(ð ~~~ ",,- o~ 00 o~ ~. ~ CD .... o 0 0_0 ("')_0 ~?¿.~ ~~~ "".... gŠgð8 có°ó'¿"'¡' ~ª~~~ (¡j oi~ó 0> 4o"7.....N ~ to" ~ " " E " i!! ~ "5 ë Q) g~~ a: ¡¡ Q)o...ro >- 0 <= fi5 c: g ¡ß ~ :g a::« ~ Z oLIJ ;¿::¡¿ -en _en oLIJ ]~ v.~ v.LIJ ~Z /' i o o .; '" .......'#. N ui- '" .... .... o o cO '" ;:~ ui '" .... .... o o cO '" o#. 00 00 ....'7 o o ui '" '" ,.....?ft. "'''' có~ ~ o o ui '" '" .... 0> '" o 0 ;;;<= o o ui '" '" Ñ '" '" '" ~~ en ::, " LIJ ::J " ,,0> LIJ Iii Cii£ ;£ t5~ ~ " õ Qj ün. co ........ co ........ 00 ........ _'" ....'" '" .... 000 0'" _N .... . .... '" .... - '" ....'" '" .... '" rn " >- -Q c. E o "= " " E >- o - Q. ª~ 0<= 'C " <= > " " ¡; E o ",,= :c " Bê ..9:! g: õ" üa: ~~t15 N-.:rlri 8_~ ~ ;;;¡'ß -"'''' 00'" ~>";Iri o.~ ffi V;~tfl '" '" '" N - . - .... ~NN OOCD~ ~ccir--. ~~æ ........ ~;~ ~~N '<:t~~ ""........ - ~ '<i ~ '" "" ¡¡: ü 5 .~ ~ ë"E~æ (1)(1)&1-5 EE",_ Vol Vol (1) c:: Vol Vol 0; (1) g¡ ~ ~ ~ Vol Vol ~ (1) «<{CJQ.. '" 0> iD 0> >- u,. 1S. " ~ ~ :s " " <= ~ 'C " Ü ~ '5 " " ~ <= " > ~ o Z o"$. 00 '0 ~"7 " ¡;; "" E . ü "'ü >- -2 !Q "Ct ~I'~ ~ ~ æ iê "'7 i~ ,-õ I~ ~ :b M ~I ro: ~i c. E o "= ~ ~ Õj ;:¡ ~ " Õ D: ~ · '0 · o ~ co 'G ro ~ · o o ~ 9 ii3 · o '¡;' o w .. E o :; I >- ü- CIJ ro .~ :r: ocrw r/') r/) rJ') 11) ClJ (1) C ....a:::cr:c:::t::ro Ü.....NnO..c «««ZÜ ~a..a...a..CDO CCCf)U)Cf.)O!- on '" " o N NMVLOCDr--COC1> 11) 11) (1) 11) 11) 11) 11) W 11) C C C C C C C C C o 0 0 0 0 0 0 0 0 NNNNNNNNN on 0 to 0 '" 0 0 0 '" .... to ~ 0 õ; '" .... 0 ~ 0 N .... ..,. ..,. 0 N 0 0 .,; .0 M <D 0 N w '" '" "'''' ..,. '" .... .... N '" >- '" œ.....CD,..... '" ~ - LL. M'<õÑ"': - on", ~'" oro w'" >- LL. to 0 '" 0 0 0 '" .... to '" ": 0 ~ 0 "! .... ..,. ..,. N 0 0 .0 .,; ",.,; 0 N '" '" '" ..,. '" .... .... N '" '" '" to ":. '" ": ~ M <6 Ñ u; 0 ~ 0 0 .... .... 0 0 "" 0 0 '" ... '" - ..,. 0 .... Ü Õ; 0 r-' .,¡ "" 0 '" C ..¡ '" N "" '" >- "" LL. U; '" 0 "" "" .... "" 0 "" 0 '" - .... "" 0, N 0, "'! 0 .... ü ro - r-' .. N C ~ C "" '" N ~ ~, >- "" LL. U; '" '" .... .... "" '" 0 '" 0 '" '" '" ... ~ ... .., ... â ~ ü ;:: '" "" ~ r-' '" "" g 0 '" 0, N >- N N LL. '" 0 0 ..,. '" .... 0 '" 0 0 '" :is 0 õ; 0 '" '" '" "! N .... 0 N I~ 0 M ..,. 0 .... M .0 0 M '" N 0 to ..,. 0 >- '" ~ ~ Ü LL. '" '" 0 ~ 0 to '" 0 '" 0 to ~ Q? 0 .... '" <0 "! '" '" 0 N Ü '" 0 M N 0; ~ M 0 0 M .!'! '" '" to ..,. 0 >- N ~ ~ Ü LL. -E 0 "" ... .... .... 0 ..,. '" '" '" e ~ '" .. "" N 0 ": ~ "" on '" ..¡ vi 0:; r-' 0 ~ ..¡ 0 on '" Vi N 0 "" .. "" N « >- "" N - LL. -E ~ onro on", «>- LL. òÕ '" '" "" ... .. N ~ ": N "" ~ '" "" ... ": '" "" vi '" 0 r-' C N ~ ... 0, N :! "" N N N -E '" .... .... N ~ 0 "" ~ .... '" N '" N ... .., "" ..,. ~ ;:: vi '" '" ~ '" "" "" ~ N ~ « '" ... 0, N ~, "" N >- N N LL. 0 on on on N " '" '" '" ., " 0 :>. .....a:::a::a::t: '" U) Üù5Ö.....NMO.c: 0 (1) <c<c<cZO ~ CC·5:2:r:~c..a..a.a:¡ü ID a: .oa::WIDCf)C/)Cf)OI- .. '0 N '" ... '" to .... '" '" 0 !!! '" '" '" '" '" '" '" '" ~ u " " " " " " " " c Õ 0 o 0 0 0 0 0 0 ro N NNNNN N NN a: 0> ~ ~ ... ~ oi <1> -:-: :¡: /ó ~- ~ i~ g ~ ~~ . ~+- :.- ~~ b z~ tiJ ~fS¡:: o \ ..' \ .....2 . 1/ , . '. ~ i ·1 m rH~ \ ......, --- \ , I , ~ ~/ ~ /~./ ~ ~,~\ , . '-, , ' \../,/ /' ) o t"'~ ~ '~/ -~ :>- ' ILL! --I :<i · > ~~\~-----j~ . o ...2- \ - -- - ~JÀ\ 1 II T ~ - \T f00111 III rp-r. 0Ø/ 7..... ,r ~~j '\, II I ~ 1LU ~: ~Q \ ~~ ~ ~I:>. ~^Z -,~ '- ~, é: II I ~\ IIII II w.\\~\ I l~ '\IJ.,A II II ~ '61 / d: 1= / / / \I!I\\!\\! r:,- ~ ~ .......1- J- 1= \ \ \":r:::: I I!II!I \ ill - - j '\~ '/::.. ~./I II I-~ /'I!I/ '&t\\ ~ \:P"':\.t '-L\Z:: I ~~ jJ::-..",'</' ~ m :7'1~' ~~ W " " " " , ::\." í ";. /í ~~/'}. h.. ~ -r- æ æ mæ '\J: \.Px \~ 'I 1111 -~ == ff:sJ "" ~~ 1\ ~~ ~ .~ - - ~....... "'" /1 1111\ ~It!£ j ~~.,,~~::::;- :: ~Ië ~ rlÀ-1- G i /çIT ~(II ~~ ~ \ {-\ \ ~ \ 11/ I ,I I -.>i '1 \ ,." ~ I 7 I ~Ç3, 1III1I1II1 -ITTIîï II ~V - I ~~ II I I 11111 I I I ì """"" ~'\,::::JW- _ ~ ~ :~ \ ¡j~i'''~ "-41~', \J0 II ",""" :":1_1= ~ )\ \~,~ I I) i ~~ ___lì~ ~ , , 3 ~ ~ ~ ,''; 'L I " - !II B m IHIÐ (¡ t:I~ fJ) 0> z <:1 >--' u=> -'T' c::- >-u ~"- co w>- u>- <t- Q.U II) W z:I: w>- Q.,,- 00 æ "';;1 Ell m i--.. ~'liJElJ& mID IDIB i-- ~ ~ ~ f- ¡...--., I I ¡I' I j I , ' I II L /;:¿ !B m æ EB EB æ æ æ~ mæ æ - n t:: ~ ; ~ T- III / w c::: U l- I z 5 A c:::. z'" ~ I W = ~ ~o , \- <tz 0 ~ ~b ~I- / ¡ >- ~~ l- t:) zt/') ~ wO l- e... 0 J ~ 5 \ / ~2 / IC) ~ 0 > Z <t RÞNC:HR ~ ...J U ::> - :r: a:: ~ u U) lJ.. 0 0 w >- u t: <t U a. U) w \....-- z :r: """'2 .- w (; a. lJ.. 0 0 \ - ~~:-¡\"...:~i~'" ~0'.·':.fL -ri«~ ~\~~ II '1'(7íl\i(\\'\í~I\ ' ______''y II Ii ' í ~ I ., . \f~~- r \ \ i:ì Ii'\.. .D": ~ \ )..-- \ I :\ illD~-;:; ~~~~ ... Ij\~~ \ .\ -' A 0~ U.:...-' '/ ~'ª, ~ ~ ~ \", \--- 2!!J. ). j\ ì ~;:;~r1i -' ~ 'V:- X =" \) y//, ~ - ;;<\ -1 "iff".- J æ w \- IX ?0---;:- - = - ='Ç. >-K\ ,\Y1" m \ \ -'j.~ - - E.--0" / /~~ *~.... :::\0' \ð\ :J- :f\i \ :Y -:?,~ / t-V / \\-t\ ~'ey - ~I ~ ~ \ti='< v // ~~ ~'W ~~ ~ _" 1/1 f(\ ~.0. \ ;:-' -' H '" ,..J / '\\~ ~ _ ì'" ~ \ I- / ) ::..>.\~ = 1/ ,... ¡:= =- \ ~, - ~ C!.\ '¡:. !::: IJ.. \. ....-:l\-\-' ~ \,.;;:,ÿ /1 \~\r~&1 Z>- I :'1 ~~~~ ~ ~~ I~ / _/, --(;r? ~, -::~ ~ H~ I ~cN-/, ~h <, r - 'jitP ~ I Ii 0 "j¡ ).,,-\~\ I II \ 1'--/ ~ ~r-,IIK :.-~ I \ i---\- y~ \' _ r= ~ 1\) ~ ==1;-' jS;~Ë ~, / / I, ~ -, . ; I: J; \\~ ""V/ rœ::Jd§ ./ v / ':- 1-"-.) '-J...' ~_ ------~ 'I n ~ =J'¡ I IT~~~;~ í{/ .d - Î1\-D\\. 1\.. '2 ~ Pd~ II \.- -).~ -j;:"~1 -r '\.. -'C....\' ;::::;.- -\ \...--r 5 r-i:- -X ::5;' .k" ¡,., 'r ....... '\... n:: ...1) .-J ~ ......., '- \Y- '.J¡~ ¡.....-'j ~ 1, -íÍ f'I" ~ \---- \@:: ~';? -I-, l'-<.. ~ ......'= \t \\ \ -' ~. 'i I - ~ \._--- ~ J"T'1 Z CJ) v ::> (') I~ en - ::0 - (') - Z .0 < o "'T - :I: I'TI C") =ï -< o "'T C") ::I: C ï :> ~ CJ) ~ ~ ~\Y \ . \ , , \ . \ \ \ \ . ------\ ------- \ . ----- "'~ \ \ \ \ \ .~.. \~\ \ \ ' \ 0 0 Ï lJ -I JTI I Z JTI Cf) Z..... () lJ 1> -I () ~ JTI , 0 0 \ Ï Cf) (') -I I :::0 - C () r --I :Þ < . 0 Cf) ....... -i :Þ ;' ! L \".~ '" \ \. \~ \ \ \ \ , ......, .... / ) ) r- , .--1 - \ \- '\ , ( J rJ@fl / -- ! [ Wk (Q ~~ J ?,~ ~~_ :- c (I ~,~~~ ~ ~~ I~ t#~- \ '~ ~~:/~ ø /' r-, 'f/X~~ - \)'¡'y ""\\ t'.. g ~ \:f~ï!~~ 1 :j \: ~/h-<o -.\: \ ¡.J ~"'I I , ~ ~- ~\I7'- ~~~~ ') -2 ,A. v, ~ ~"?'; \',! .--.-.- ~ ] . y..... ¡... _ b::::1--:J \- ;.. ~ r-, '\- !>\ \. iW  "'< 'C /" >-- 7r_ ;,.-\ M.- ~\-- .. ,,<; '<-' vl(T \~ ): \:Y~ ..... ~4J~r-->-' 1) £ __~ ~ (~ ^ ..-1 J \ '<ø ~..A (' NY- ~~ 811 ~~uz 1 T\~.J-- ~ l\ V ~ /' ,pi' -rll, ~0 " , ~--_!'/ ~ /: - ~ ( \ " ---- _'__~___~__m__ Q ~I rn ~ :; ~ < U ...J - ~ a: = ~ u rn ~ is 0 L¡J ~ u ~ < - c.. u rn L¡J z = L¡J ~ a.. ~ o 0 I. ~ , -z- i '" n z ~ ... ~ ~ n § i! ¡; :II ñ < -4 ~ J ~ '\ . L ---'-- -- j 9::- . r- '...--- 1E;RRA, NovA, DR :2::"'" \) V ~~~~ Q::;i,.., <.....~.....z --<.....,.., r.n zse ~~~~~. ~ ~ þ \ a 7 \ i \ ..\ - - ;) l- -+- t- I J ~ ...- \ ) - \ L(~\ - ·t\~5_~'~~ \\. ,- \ '^ '-'-'-V' :;;¡::: - ~ ~ ~ \y' '~ \ Æ PI f:tl::¡' ffV/' "\~ -, \ I 'Î\ ~ ~v '~(L{I\ J-oo" ì..~ \- JI'-<' ' \.' ~ ~ I- E.~ ~~ y~ -- \Il~ ~ 'þ1J ~;.. \ ~io.. '-1"'i:::S :U. ~ &¡... ~ 0 (/, 7,( ~W f7)" ; ~ ¿ff ~ L/§~ <í I" I~ ~~ ~ ~ rr:\~ .... ~~ ) ~Fi ,t t-,.::¡- l'~~~. ~~ Ifl) ""!:11:;1. ....¡¡¡;" {:::':.. 4 ;; '" I ~ ~ :ì. IIII,"~ ,). '/¡...J'~-.....l:\\.\/'<~ R'Ç ,I ~;:.\ (1'~/'\. t-- \. U-o,p, ì')~""''''' ~ _ ~ &:<:7 -À1¿ ~&~~ /fi"::. ~ r\ ~ \ c;~ rl"': r/ ¡.. -12 If. t¡ 'Ii "'..I ~ ;l,f') '~ ~ ~ r ~ ~j J" ~ ~ /, ~ ~~~~~~ V~ 11\' ~~ {~Ã~v. ~ 'J)Þ:-.~~ ~ \ ~ ~\"~- ~....~ ~ - ..:.~ / \-~, ~~ 1('- /\ ~ /J9-:i1 ?.. 'fJ' -< s: ~ ~ rf ¡ & .:§ ~~ ~w ¡--1 ~o J"~ I ¡ ~ ~~~ ~~ ~ ~- j~~ ø~ ~ (£ ...-~~ \ \~ ~ :t. ~ \ c5: o ~ -0 ¡::;:; º ZfT1 , ., en (") -Ien -I ::tJ-o -< (")> -1(") ~o fT1 ~"É~ » ~ < -~ Ví 4:>-' -I Z > hi / 2ûV- __ _ /"í"." '>..' ~.... \ \ - l.. . ~~r\~ _~\ F 'r\'~~ ,:¡¡o;; )~ ¡: · ~O "-- '\ ~ pi ""," ~ ~ "\0, , I d ~ ß tIE 0: " ,? -À 'r ~ E' ' ,. ":1 ~ ~ '*".2fl¡ ~, f""O~ ""'- 0~~ ,,"-~ ~ """ ~"i'. rr ?< IÜÍIi IfPr '-, '1}V ¿,"f ~ ~ n "Ø7' :1:-1-.~:'þ "" ~!i:~ ~ y ,,,..- ~ ~ ~~DR ....,.;; 'JI\. / ~ rfl1lj-1 ~~";:;~ ,- -~" ~. I "Æ ~ .~ u <-- '''' \' ..[ f:i '\ """ ~ 'v., oE ~ ~ ¡" S II "",,' /' ' rs f-,t'l r7 'f.ß]k: \ ~ t\ ~ 11 ¡¡CD) NH'-'" ~ £ ,", ' 'þ ,» '~ ~"'~ ,t:..'''' ~,l!l ÆÞ1 ~ _'2 -, '" ~rQiK 'o/IIIIIØ/ \.æ-~ Il' 'Wj' > '-<m. "#ll _ J' ~ :\. ~ ~ W~ ,~, , ^ð ~~ 0 í;J ¡,~:. y ,,<~. ;g " ~ ið --><KI',m Z }):i ..<.'~ ~~. / ~ ~J;1 ~~ I. '; I (' , f;1 o (§ '" ~ ~ ~ " ~ ~ ~' :¡ '\\ \ J I I ì . ~ - - \ ~ T -r-- ç:::- ... I Ci- ~ ~ .~~ ~ ( ~~ ðír ¡;;~,,~ II I:: H"(: r-- , ~ , \~ -.-("" ~ .r -:s:. \ ~ - ) \ '>(/ r:: .z.- z p \ . '('.~ - (]I I"'j ./ _/ ¡ ~~! \ / / ;::~~ ~ "t â:1 ~ ~ ~~'~llm ~~ ~~ - ..-<II~:1J: \ \ :/li1H1J:!. ~ "" ~~ ~ ~\~ t\: ~~ t= ~ ~ ~III~ ~' ~ "" ..:~ ~ ~ ~ ~~ I ~ ~ t\~' :It-: L.n'.-K" ï JjJ,Q. i'- ~~ ~ ~\/. ~ ~~ ~ ~ ~ ~II l:; ~ ~ ~ ~4' ~ ~ ~ ~ ~ r~ 'I':: .....~ ~ rll :::...: \ ~ 'I ~~J1;1:.-- ~ v ~~~ >: ~ 'Nt-;. (-.¡::. t= ::/ ~ ~ ~ ñ1 0 ). 1== ~-= ê~ ~ "" '\ ~ p~o~ ~~~o- ~ \ ~~ ~ ~ ~ ~ ~J"" ~ ~ ---- I~ 'A à. """--Q ;::;;;..< ~ E~¡¡:::;¿ o 51!~ ~ ~ ~ ~j:: g- ~. _ :2~ ~ It: ~ ~.~ \ \ ,.J. ~ \ i 'Y' , I- I I (~ ~ ~~- ~ ø i -3 '""' '-' - .I -c ["J r%J Oz n- - (I.) rr. -3 -3 \JJ -<;:;J-U -;x> O~:J ~-; r=J ("')6:= :I:. > c_z r-J-3 ;x> r%J <02 -~> U) Z -3 n > r=J - 7 ~ ~ -i \\ ,-+.~ í ,_ ,_ ~ :\:: o -4 -c ;;¡;; Q rTlz 1 'I (J) S ~~ -< ~n ~~ rr1 ~ z~ o~ -4 1> rr1 < _Z ü5 ....1> ~ Z 1> ~ - j ~- r;/3 ._~-,-"._~-_. ~ d I '-,.);'- \. '''I.Y '@ \ ~ -- -!: í> , \ \ Ii, \J ..; {I - . } -47 i.;. ~t I. ,\J IE w )'- (ii. to '7 N ~ i ~ .~ ) / t---: r; - . / I , , : , ~ . 5- ,- n. - :. t. fl 0 ,. ~ ': . Z :1 , . c.n ... ;g 0 (") ...; i I"T1 ~ ,. 3: \ 1> ::c I. Z Õ .- I ...; rr1 ~ . Z .' . 1> Z Z (') rr1 " rr1 tn 0 tn - c.n ~ æ ! ~§~ ...; ::c ::c - . I ("") ^ -f =1 1.1 II I .5 I ~ I .. t I ; ! .= f\) I i¡ t II ¡ ~ CJJ I ! I I J ., i !t I III ~ ( i s I . I i II I i ¡ I = I I " ! ~ ;; . I · ¡ · - · . - - 2< -.- ,--".--- ----- Hn_ -- ~ - \.., \ , , --::: · · ~ Ii Ii i ~ c 5 · ! B . f & · i ~ .....--- ( I I I / Iii I /! /1 =, ~~ ~..~ ==:S:-__ECD I __ / / . / ; / / /' .I ; ; II I I / / ;/ ...--", I /....,. j..'/ i / ,'~....... I '/ ! --~~-j I / .I / , i , .r "1 v ! c ~_ '"t QÏo ¡;; (1)2 S ~~ -< ~(", IT' ~~ š: o Zþ , Ož r: ....¡ >IT', <: t-' Z V5 0'- ~ ~ r. :::> _J:r OPE~ SPACE DISTRICT ~O. 31 CITY OF CHt:LA VISTA COt:~TYOF SA.'" DIEGO. STATE OF CAUFOR~!A TELEGRAPH CA~YO~ ESTATES ) . e': .. .õ :. . .. arU"!I'-.2UO.'::,' :1" I ,. .., . , ¡'I," '. ".~ ". ~ ,,'.:r u-n " I: ¡,",:aII",.: . , I ,I" .. -:;"~2~;'·. . ". ;.: .. .,¡; ;. . ~'~'~. , ' , . !: i--D ~f . ' · · · I . :: · · · :: · · - - ~ - " I ~ . ....¿ -..... -..... ) ~ Jt[Ft";f[IooC[ ·S -I[R[8' WAX TO -..£ COu........ or SA" a·ECO, .SSESSOR -&aCt_ WA~ ;"0. JUAILE' D "["IS 0..5 or ...[Uy au..... D.lJtC~ ...,. ASStsS.,tJlrff WAS ..tYIC ". THe CITV COUNC.. or n.C cITY or c..u..... Vts-.., ST..rr OC' c.allC'QItNIA, 0"4 "~r..s DC' ......ND s..O.... OM -.. 5 Mt("OEJ Þ.SSESSIrÆNT )tAG""" ..... SA D .toSSESS"[N! w.u ..tv.Q ON T"'E ___ oa,. Of ___. .. ttU. _t~RtNCt S MA:)[ TO -w¡: ASSCSSWv." ltOo.L. ~tCORDtD .. THC Qr':"Jct or ~c C.- tlotClNCVI ;0'" TH[ EXACT .....01.1".... OF' r&e.. &SS(SSWlNT _[VIED AGAINST tACH ,:)&:rcn. or _.....OJ $-0." ON 'MS AfIIf(NDD US!SSWê:Irr T )IACUw. err'" (;¡,J;1If1( - C-" Q" CHU'" VISTA LO" ,. - 1.13 .eRts lO- " - ..12 AClfS LOT IC - CUI &COD lO'" 2A - 20M .cus lD" .. - .... ACIIU lD" .. 1.10 ACID ff£COJtDED ·IIt TME OrTIC[ OF' "'M£ CI~ ENGlN[l1t OJ' r..t OTY or OiU.... VIS"'A TNfS _ DAT or _0 '''3. C¡TT t.....Nt.:.. - c; ... Òf c;HU..A VI$(" r""LtI) .. THC OJTIct or '"'04[ I:T'" cu:tll: or .....c C-~ or 0tUu. v,sr.. THIS _ 0&" or '"3. !.W;:!P crr" C::U1þ[ - c;--- Of" CMU...to .,ISTA --- ASUSSIII(NT D'~ tauNDAJr"r ~ "~__T NUMIt. "'LED THIS _ DAy or _" °M3 AT _ IN Ht[ QC'nC[ or Tw£ COUhTT AUD.·Otl or TN[ COUMTT or SA'" DI£GO. STArt or CAI,.."OItNU... I 11 ~';¡í/;~ .1tfG:A~D Qþ!", SPACt C;OUNTT AUQ 0111 Of SA"'I OICr;Q ...01.1"'1'· o '"" '00 ICO aaa OIfNAMtN'"'AL L..ANDSCA:I[ CIIaltloolC SCALI ) "'~"'CATt:) OIltN 5:J&Cï: /t:!'..J! " -........fta¡ rftSMI_ r..r -.at. OPEN SPACE DIS-R Cr NO. 31 SHE.,. NO. 1 O' . :í-l" /C' --~ ! . V --- .~-- ..,......_. :.....,C< )1 . :,,,., .~._ 4111)00 .'1 ...--Ü)<O n - :.I!-,,,,,., III II' . I I! - (1m f I ~ª~ /III~I I f I t i I :J I j ! i; , ¡~ I ! . I I . ! ! I IIII'III¡ II Iii I Ii II I'. ·1 I I . I·HI - !I I I I :& I '. ~ ~ I lC' 4· !I~IO I - '. ~. / ~ . i . , {§i ~ o ~ \CJ ©:iE "ª'~ 1iiii1< ::¡: ~ ~= '\I~ ~- nZ Iñii: \CJ~ -..... ~= ~O' =. ñlñii ~< - :tI:ü- lOa- . ~ ~~ WIiiii1 , ..- If./v~" """¿;~I@v. I iV vVV "í~'" /1'':7 ~- "=''''''' L--. / ' i" I_'-~~ r-"""'<_v >v i/i' ~ v,, ty... ,/ , -"'/ ;>;. / -EI3r /~ ':>', '-" - " 1',>' :%~~/ -~ ,~, ,'~r ,:~ ..' ,r/1 l~ , ..;!Plt?;'"" ,/~. "", ~.' ~ ,.(¡¡jtp;~~'~';.;'02;;j;o."';Ei.~ /~' '. -Y':f§'Æ (Ä-ì;:'~":i:8 8 ~¡I¡ ~ 0....'Z..y;r~r,_:=!; ,-.__<~~I t:;¿ ~:: "'.--':Yf:::.,,--,.--;::¡; ----::.<',,'y,""':::;-:¡¿:=¡,: -------- '<~,YJ."'- c/. (-:\}-;¿~~'Øm-r-,-0 . '~r~~,"1J7i~:D " -f:I't~Ù-\ - r _CÑ-- ,/ =-==~"C\~ '''''''''B' D~·~· ..-~ ~ r~~2:J>-\ ~-c:::.íJ., "Y '"~ --'~~:/Çl/,>::'v..- .' " ./,<;: \. ):..-1-'->' .... , .. '-,..J;" / .- '-- /~7)/};:'~"-- ,:.-<;-;:,\" /~, :j'~:\ < ~/[j ,:r-)\ -ji:{ . ¡. 1.1> CJ.. i!,'~~. i..~LI::::'../._::) !::\~._..'" .~. <7-,.... '. ~ I.~ '-(';-,' ;,:,~¿--«.-;.,¿ ':- \\' \-- .'~.~~:~'..".:~':'. j~l/.I., , II ,ft~=,~.-, f::¡ I/~-/-'~:~'---' .. ..~~, IV ~_' ./.. ,/.... )1~\~\]\11~~:>-,>,_ fr \ / / \.0S]hrt;b'¡>,;;::\::"Î ....i... \\--~\ /\ .. TCIIL.I, \ G)- ",>::'" I ·_--:~~~~è~\ ~ "~3.~~-~·!·"~~Gs~:>,'/ . /",v\:\\N:'· ,,\,.~, ' ~ \ :;.1;' .. ,¿:t:5-0~Ø,-;:~,j ( V/~ \\\);' ~ -'~I{~f~<,'" ~I " ~ ( ~~J!?S'i> I. I' 1\\ ~ \:lji{fj)fl _' . i' ) ¡J \\ 0 );fJß.~..2rí::. . <ê( \ 'I. J'0 ¡;;,-- \ c..>,~-:Ç\,TJc/" 7' "j "" j ') u£:t¡"».. \\~~0-\~~~~\Ü~\;¡ , ,,,, - >~, > '''~~~~I~\~W~~~~-')\Y / ~~ß¡;\"''':' ,00: q::..):\:';¡;:\'.,,/, / ~,," , 1"I;::>fj - þ-- ,--'-:"\;::::1';:'. I ! '- ,..-' _I ' g;%A // 0---0\::H :tIt: \~.;~\ '@0,:'J/1;: 1- ~ y " ~,/ '-'d=§t{:1 '--) ---.-V\'; ; I I ~, . , ~~'1Þ / ¡-..ü- t"J~{1'IDJL'j \ \ '::::-:!,~Ir 1,- ,.:---:;:. - ~ ..J- I . ~mm¡r,\\,,"'" .......,r-I-r--..---¡~ '-.,;, ~ ,~ ¡' 'I:'.~- -3() ."'./ ----- COUNCIL AGENDA STATEMENT Item / ¿J Meeting Date 5/18/99 Resolution If;l..52proving the Engineer's report for the FY 1999-2000 spread of assessments for City Open Space District No. 10, declaring the intention to levy and collect assessments and setting June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. as the ~at/d times for the public hearings. Director of Public :::rks¡}f r City Manager G ~ 1.- (/)1 Based upon the advice of the City Attorney, agenda items / tJ and /1 have been separated due to conflict of interest concerns. Two Council members own property subject to the proposed assessment in this district. Council should note that agenda statement gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on Open Space District 10. ITEM TITLE: SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes_NoX) RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 22, 1999, at 6:00 p.m. and July 13, 1999 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10 located along East J Street, west of Paseo Ranchero (see Attachment A). Table I relates the present year's assessment to the proposed assessment for Fiscal Year 1999/2000. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE FY99/oo Proposed Proposed FY97/98 FY98/99 FY98/99 CAP: FY99/00 FY99100 FY99100 Assmt/ Collection! Assmtl FY 98/99 Assmtl Collection/ Revenue EDU EDU EDU Assml + EDU EDU CPI(I) Open Space District No. 10 El Rancho del Rey 6 & $88.48 $87.00 $89.45 $92.67 $92.67 $87.00 $57,278 Casa del Rev (I) FY 199912000 assessment mav be sel at or below this cap without being subiect to a maioritv protest. Staff recommends that the assessment remain the same as FY 98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $87 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $92.67. Since the budget per EDU of $88.41 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are /tfl~ I Page 2, Item Meeting Date 5/18/99 available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 76%. Because this district was formed as a result of a 100% petition by the land owners and the assessment is not being raised above the CPI, as provided for in assessment formula, this district is exempt from the provision of Proposition 218. FISCAL IMPACT: Staff costs associated with the open space program are generated by Public Works (including Open Space staff), Data Processing and Finance. Contractual costs ($31,525) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $8,941 from the OSD fund for FY 1999-2000. Attachments: A District Map B Estimate of Cost H:\HOME\ENGINEER\AGENDA \05D1099.808 /tfl/ol --._.~--.'-------.-."~----~-------.--~- RESOLUTION NO. / f'/fr . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1999-2000 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P.M. AND JULY 13, 1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the city; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 22 and July 13, 1999, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 10; and WHEREAS, the proposed assessment for Fiscal Year 1999- 2000 is as follows: TABLE 1 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE FY 99100 Proposed Proposed FY97/98 FY 98/99 FY 98/99 CAP: FY99/00 FY99/00 FY99100 Assmt/ Collection/ Assmtl FY 98/99 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI(1) Open Space District No. 10 EI Rancho del Rey 6 & $88.48 $87.00 $89.45 $92.67 $92.67 $87.00 $57,278 Casa del Rey (1) FY 99/00 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 1999-2000 for the spread of assessments for City Open Space Maintenance District 10, a copy of which is on file in the office of the City Clerk. 1 /~:} -... -. - ---- - --- ~ . . ~Q ~. ffi . '~ :i ~ g.. ·~i515 ~ ¡~ ~: .z§ ~~ I § .¡: ~~ .,. - :r ~ o 3 !E- m ~ <0 3' " " ð '0 " ~ m '0 ~ ¡¡; "' o ø 0. ~ .c ~ ~ w ¡¡; "' "'(J ª- " ~ m o c "' 5' -Eß " gg ro :r:. Q:I~...... "' OJ" CD C. S- O'> '" eo W "'"0 Õ'cF- ~ ." -< co co Õ !" »» ø ø ø ø <D <D ø ø "' "' 3 3 CD CD ~;:t "'(J[D <D <= @cß- ;a.~ " m "'0 ~ c: :E CD ~ () ~ =r o 3 't:I ~ Q' '< CD OJ ¡¡¡ W ¡" >!! o ""R", eo co 00 :"!!'>I.O (J'IŒ:':" CO","v. "''''", eo eo 00 :"I~oo 01.þ.~ W"'OO ;:U() <D 0 < - <D <D êg CDS!: _CD ~ o ' 3 ~ <D <D < :J CDc. :J 0 "'= 't:I OJ OJ ~ '< 3 <D ;a. '" '" N '" --.. '" '" "'" 1->... ","co eo"," '" '" ... 00... ...co "'"'" '" '" '" ëo... ",co ~... "'(J() <D 0 £ CD :J ¡¡. -c;: " iD "'_ OJ m :J 0 '¡6c =r o 3 't:I ~ ~r '< CD OJ ¡¡¡ '" eo "'" 0" '#,CD '" eo "'" "'.. ?fiN '" eo W bi:.n cf!....... m o c: cñ 0'> '" eo W "'" 0'> W o W "'" '" W o W "'" zr6:~;U ~g¡a.~~ »~Õ=< ~ cn:J::3~(t) cnQ...~n;c m~"'ri(1) (IJ p-; CD n .c C/)Q)'CfI:Jc ~5~""'=r m (!) < (tI Z CD 3 -I gj ~ '" '" ",,,, ... ."'" t ... ~~o~~ 00000 ooo~o '" ",,,, "'w . '" ~. 0° !=Ðð 00 00 '" W '" ",00 OV1~ 080 0'#.° '" ",,,, "'w . "'" "'. ...w 0:5 06 00 '" W ... ",:'" ow~ ago o'<f.° /¿)- ~ m U> :::j ;;:: ~ m o ;;:: ;!:: Z -I m z » z () m () o »OOO"'(J[D;;::r-()()OO:;;:-I¡¡¡"'(J ~~.§ [~æ-[~~~ ß) ~ ~~ ;::1.-.~m :::tI:::!.cn tJ g:ë')~::rffi'o w'O en 0 Q:I 0 0 m CD 0 en::3 _.03 õ' ~ 00 Q:I - ~- ~ ~ c53~::J()õ-gcncno ã) en 3-Qtm 00(1)(1)3 Q. (t) 8.~(JJ3:3cs.<9l. 0" :< -. CD:::tI ß) U (') ¡::ï::J c5' !:!: ., 0 5''0 (D CD C'" ::::I ( ) CD <Q) =YJcn- (J) en Õ'07;c"( ) a. m0ë:cn (C ø:J~ ~ . ~ "' <= 2" g. Q. <Q . c. "' '" '" eo 1-> o co o o W ~ ~ eo '" w.....,,¡u,(cf\.>O COWf\J.þ.OtD OCD01......0CC 000000 000000 '" '" '" 1-> ~ '" o o W ~ oeo W W.....,,¡ëoOON"".....J COW"""'¡010(X) 0(000)0...... 000000 000000 '" '" .'" ~ "'" eo o o W ~ ~eo W W......Ò)Ì\JN"".....J COW......COQCXI oc.owc.no...... 000000 000000 ¡¡o o ¡¡, 't:I o "' ~ '" W '" '" o o ~ co co co ,(,0 0-" om OZ t/J -" » ~o com co ~~ co;¡j ~o -< Z o '" '" co o o o '" ~ eo o o o ~ ~ COO co ';" ~ co co eo m t/J -< j:; "'< m o -n ;: » Z -< m Z » Z o m o o t/J -< t/J -n -< "' "' "' " o o o ~ I ;: m Z -< OJ COUNCIL AGENDA STATEMENT SUBMITTED BY: ItemÆ Meeting Date 5/18199 Resolution )7' ft q'pproving the Engineer's report for the FY 1999/2000 spread of assessments for Eastlake Maintenance District No.1, declaring the intention to levy and collect assessments and setting June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00. p.m. ~ïe dates and times for the public hearings. Director of Public work~ (f City ManagerE~{I/ (4/5ths Vote: Yes_No..xJ ITEM TITLE: REVIEWED BY: Based upon the advice of the City Attorney, agenda items / P and I J have been separated due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this district. Council should note that agenda statement gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on EastIake Maintenance District No.1 (ELMDl). RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay Lakes Road, adjacent to "SR 125" (Attachment A). Table I relates the present year's assessment to the proposed assessment for the Fiscal Year 1999/2000. Agenda item of tonight's agenda contains all the general information regarding open space districts. TABLE 1 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE OSD FY 99/00 Proposed Proposed FY97/98 FY 98/99 FY98/99 CAP: FY 99100 FY 99/00 FY 99/00 Assmtl Collection! Assmtl FY 98/99 Assmtl Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CP¡(3) ELMD #1(1) $208,779 Eastlake ¡ $9.93 $8.48 $10.04 $10 .40 $10.40 $9.07 Eastlake Greens 16.24 11.53 16.42 17.01 17.01 12.13 OTC 134.52 7.83 136.00 140.90 140.90 6.12 Salt Creek I 179.41 181.38 181.38 187.91 187.91 175.44 TC Channel(2) 25.58 13.56 25.86 26.79 26.79 13.28 (I) All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake ¡ BC and Eastlake Greens are in benefit area. (3) FY 98/99 assessment mav be set at or below this can without bein~ subiect to maioritv protest. Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMD 1. A map showing the proposed typical assessments by area has been attached. On this map, the I/o',! Page 2, Item Meeting Date 5/18/99 Eastlake Business Center parcels' assessment is shown at $352.37 per acre. Staff recommends that the assessments for each of the areas remain the same as FY 98/99 plus a CPI of 3.6% as set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown in Table 1, which is below the assessment amount. The reserves for each zone is at 65 % or above. Because this district was formed as a result of a 100% petition by the land owners and the assessment is not being raised above the CPI, as provided for in assessment formula, this district is exempt from the provision of Proposition 218. Olympic Trainin~ Center On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic Training Center to continue maintenance of the Wueste Road landscape improvements. Incorporated in the agreement are safeguards to ensure the maintenance is performed to City standards. There are indemnity provisions for both parties for the use of the paths along Wueste Road. However, OTC turned over to the City the maintenance of a median on East Orange A venue. Staff recommends setting the collectible at $6.12 per EDU to cover the maintenance cost. Public Works' staff (Open Space) has indicated that OTC will continue maintenance of the Wueste Road landscape improvements until the Eastlake Trails' property has been developed. After this occurs, OTC will turn over all the maintenance to the City as the property owners within Eastlake Trails will share in the maintenance cost. Presently, OTC is maintaining Wueste Road slopes with the services of the landscape maintenance firm performing maintenance services within the Training Center. This contractor is performing this service at a price lower than a typical City solicited price. Landscape maintenance firms sometimes subsidize the maintenance of high visibility, high publicity areas to take advantage of publicity opportunities such sites can provide. The proposed assessment was developed on the basis of the City maintaining all of the Wueste Road landscape improvements. Until the City takes over maintenance, there will continue to be a large difference between the collectible and the proposed assessment. FISCAL IMPACT: Staff costs associated with the open space program are generated by Public Works (including Open Space staff), Data Processing and Finance. Contractual costs ($90,431) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $34,707 for City staff services from the OSD fund for FY 1999-2000. Attachments: A District Map B Estimate of Cost C ELMD I Assessment Map H:\HOME\ENGINEER\AGENDA \OSELMD99.BOB 11-,2., RESOLUTION NO. J9~¿~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1999-2000 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 22, 1999 AT 6:00 P.M. AND JULY 13, 1999 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the pUblic hearings set for June 22 and July 13, 1999, in accordance with the Landscaping and Lighting Act of 1972. The report covers Eastlake Maintenance District 1; and WHEREAS, the proposed assessment for Fiscal Year 1999-00 is as follows: TABLE 1 PRIOR FY'S VS. FY 1999/2000 ASSESSMENT/COLLECTIBLE OSD FY 99/00 Proposed Proposed FY97/98 FY 98/99 FY98/99 CAP: FY 99/00 FY 99/00 FY 99/00 Assmt/ Collection/ Assmt/ FY 98/99 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI() ELMD #1(1) $208,779 Eastlake I $9.93 $8.48 $10.04 $10.40 $ 10.40 $9.07 Eastlake Greens 16.24 11.53 16.42 17.01 17.01 12.13 OTC 134.52 7.83 136.00 140.90 140.90 6.12 Salt Creek I 179.41 181.38 181.38 187.91 187.91 17 5.44 TC Channel(2) 25.58 13.56 25.86 26.79 26.79 13.28 (I) All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake I BC and Eastlake Greens are in benefit area. (3) FY 98/99 assessment may be set at or below this cap without being subject to majority protest. 1 //"'3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 1999-00 for the spread of assessments for Eastlake Maintenance District 1, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set June 22, 1999 at 6:00 p.m. and July 13, 1999 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6063. Presented by Approved as to form by John P. Lippitt, Director of Public Works ey h;\HOME\LORRAINE\rS\OSlOeng.rep 2 //-,ý .._.~._------~_.,+-_._--,_._. OJ I- 2 W ::;; I ~ I- ~ o o o N d> ", ", ~ >- "- en I- en o Ü W Ü :¡: 2 W I- 2 ;j' ::;; "- o W ~ ::;; ¡:: en W I- Ü õ' I- en is W '" Ü '" 2 '" « ~ aJ 00 I-~'" 2«'" «LU...... ::;; g¡ W::JO "'20 :5 0 I- " ~ ¿., W g¡ ~ "" '" '" ~ ,.:. '" '" coca 0000 oci~d (XJ(CLOO <0,....0<0 ~..,¡..¡ '" '" 0000 0000 r--.:C\iO...r 0"",,"(\1(1') C"'>C\lO(J) cicriÑ"'¡ ","0 ~ ~ 00000000 ~OOOOO~<==! 0000"":..000 C\lCOC\lC\l(J)O(J)L!) I'L!).....<D......COOv M ,...: L6oi"':C\Ï Eß- CD <'? co 00 00 " . .0 ~" ........ .,.; ... 00000 ooc0c! d-.:tci....:...... COOC\lOM LOCOtD,..."'d: C\Î -q--a ..... "'''' 00 00 dd "'''' 0"," "':C'\Ï '" ~ "Ö m ëi .s o '" '" a. I... ø Cf) 1;) C) t/) (5 ó) cn"06Q) oð 'OCf)VJ·~:a16° (/) c: :a Q) Q) c.. c: (.)"2 ~ o c:.5:?OQ.ët;l¡::Q)ø:e f< ï¡;2:¡~:"'E'ECI)-_mo ~ E Q) CI) Q) m E ..92 (l)Q)Q)oü....cEC> - 0 (1)0.- ....Q) C 15 8 ;~õ~"*~·QEo·êi) §~.c åi·5:?CI)g.gj·~~ ~~~~ ~= (1)- i::?¡oc c:- 00 Co..!:: > Q):¡:¡ ~~ 0).- 0 m~ co L..CI)"'o-;¡¡ a.:JI->CI)(J(J...J""aHI. , '" Q) o .~ Q) CI) ---,_.~...__._._------,--_..-. _._-_.~..~.._--_._.._._- o o ,..: '" "l ~ '" " ... o o N '"' ~ ~ o " '" o o N "" '" ,..: o " '" o (J w (J Z « Z w I- Z « :::;: o w !;¡: :::;; ¡::: CI) w ë Q) l- E Q) Z Q) :> CI) W "- L.. 0 ~ "SEæ_ãCl) 0' v Q) ¡J CD CIS(/) -"""CCw Cï:v'iij"'OCI) ,,"- i:: (1) § § CI) Q) I:::¡:¡ ~ « II) IU'- If.¡ I- m rG:g rG W D::C<<(....¡z / (- -š- ", ", '" ;¡. ~ - ~ ~ m " m -ci " " " ~ >. E ,;¿ >- 0 ~ 0 ~ ", >. "'! ~ 0 m 0 ." ~ c. '" "§. <0 C. m Q. E ='" ¡¡: E ~ 0" ~ .g "Q Q) (J 0 ~ " > oS 01= 'i! :J Q) Q) Q) Q) 0 C> > E .~ C> v " Q) " v w m , 0 ë ë :J m " Q¡ .c: ~ 0 .c: '" " ,,- " " 0 ~ :¡; :¡; " E E w W 13 ë 13 :J '" '" ""- 1;; w CI) " " " " '" '" "," E => Æ Æ " " Q) 2 ~ > '" '" "Q ~ 0 0 0 Q) 0 Q) '" '" '" Q) e :; w (J a. (JD:: «« co a. a. Ï Eastlake Maintenance District NO.1 FY 1999/00 BUDGET WORKSHEET Overall Zone A Zone B Zone C Zone D Zone E OLR Eastlake I Greens OTC Salt Creek TC Chann TOTAL Budget 29,938 72,206 34,401 1,829 69,209 6,378 213,961 Reserve Req't 29,938 46,934 22,361 1,189 44,986 0 145,407 Special Reserve 0 0 0 0 0 27,970 27,970 Total Funds Req'd 59,876 119,140 56,762 3,018 114,195 34,348 387,338 Less amount in reserve 29,599 45,767 20,673 873 39,599 27,970 164,481 Less estimated interest 2,180 4,337 2,066 110 4,157 1,250 14,100 Subtotal 31,779 50,104 22,739 983 43,756 29,220 178,581 Net payment 28,097 69,036 34,022 2,035 70,439 5,128 Participating ADT's 137,045 98,286 33,759 5,000 4,234 386 FY 99/00 Net payment/EDU 2.05 7.02 10.08 4.07 166.36 13.28 FY 99/00 Cost/EDU 2.18 7.35 10.19 3.66 163.46 16.52 Asmt Asmt Asmt Payment Payment Asmt> FY 97/98 FY 98/99 FY 99/00 FY 98/99 FY 99/00 Payment Zone A/OLR 9.93 10.04 10.40 8.48 9.07 Yes Zone B/OLR 16.24 16.42 17.01 11.53 12.13 Yes Zone C/OLR 134.52 136.00 140.90 7.83 6.12 Yes Zone D/OLR 179.41 181.38 187.91 181.38 175.44 Yes Zone E 25.58 25.86 26.79 13.56 13.28 Yes Notes: 1. OLR shown as part of Zone A & B 2. Budget for OLR is for ELMD1 only, balance is in OSD 31 for FY99100. 3. FY 99100 Zones A thru D and OLR share DPW staff ($5580), included in budgets. 4. Zone E is not budgeted, reflects $80 adjustment-see budget line 5. Zone D/OLR includes Zone A h:lhomelengineerlopenspacI9gelsp. wq 1 4/23/99 /I/~ .--..--~,-,.,..,.~,.---.-...~.-.,-.----------_.._-_...---.~ / I \ --z , \ L., ~ ' , ~ '" ~ -( \J c ~ . .. ..... . o z c. .... ~t . g 1,1 ~ ...s . Ii) : iJ -.4- C.>, . ~ ~~ ä i~ z g ~~I z ~¡ - .... ~ g, ~ i ~ L6J II AGRAM ¡ ( EASTLAKE MAINTENANCE ·DISTRICT CITY OF QiULA VIS T A COUNTY OF SAN DIEGO, STATE OF CAUFORNIA NO.1 e ( ..,k -- ',_- J'~'\ O~~ \" ' \, )) //~-=--=::~, ~" I ~/)) \\,J/ --::/ '\ ~/ . I' '" /- ":\ I'.: V . ,I I / /r":::1/. ,,~ ,Ii [I II 1/ '¥' \¡ I d II Ii/ \ I \ \\ ~I I I I 'I.' \ \ ZONE B ~ I \... j L I I ',' I r=-Ir~~ \'1 I I " ---'~ J ' I II'~' ....'....--_-""1 I L ..:--_/ '~ ¡I' ~ II --- \\~ II i /f \\ \~ II II ~ ~~. I / ~. ~ I (I ~ "{\ r ~ I - - ~~ I~·~ " " ,~ ~~ // '\~ ~ ~ ,,,,," .J~ ~~ . ,,~" J" I -.;:----:::;.' ,. _~--Ø--/ ,..-. - ~~,,- ----- - ... . - e .' ....-4..C.1 . ...,. ... 1D WI --" .. _111110.....11011----- .. i--",.._..lJ-Jt~~· J/ /g/ - M..J. .. M '1. ~.' -l .-....,... I .., .... . . GRAM EAST LAKE MAINTENANCE DISTRICT NO. I ~ . CITY OF OtULA VISTA COUNTY OF SAN DIEGO, STATE OF CAL'FORNIA ~- (' , / ... ............... ' I . I t L~ , ~ .. - ZONE C ....._. __..... __ __ OJ _"'D~.aall'_.AIIC&I.___ . J / ..-- q ....·~...WIiI..r·~!-·..····· //1 ~.',. '-"-'''.J .-rT .... .. . l I .... II, I I i '1(lnITI L~_~_ -~1J-=ñ ,,'.. f, UI.\......_L.i . \\I.-' ·"tI -\1' I, I 1'\11' II .\\ _ .I, '" ~ .-- ----_._~-----~-~-\ ...... ~ "'.'\ 0 ',II -.:t )~ '" // /i ./ .;/ /~/ '.' <.'. . /':> ~-. <;;> ---~"""'--~;-------- -. f/I' -'1 </ \~:--"1 'AILWJJ1~l~> '0'>;(n~('T,%,çmr-\1.; «:' .//(:\yJ?\\YS!;Jß 1\Y;}._ COUNCIL AGENDA STATEMENT ITEM TITLE: Item /)... Meeting Date 05/18/99 1· If~A'¿1í/" th· fE hm . E Reso utlOn ut onzmg e issuance 0 ncroac ent Perrntt No. P - 453 for construction of two entry accent walls proposed for the McMi11in Otay Ranch SPA1, Phase 1 within public drainage easement and an assignable and irrevocable general utility and access easement on both sides of La Media Road south of Telegraph Canyon Road SUBMITTED BY: (4/5ths Vote: Yes _ NoXJ REVIEWED BY: City Manag~ McMillin Otay Ranch, LLC. a California Limited Liability Company, is proposing to construct two entry accent walls along La Media Road South of Telegraph Canyon Road within a public drainage easement and an assignable and irrevocable general utility and access easement (Exhibit "A"). According to Section 12.28 of the Municipal Code, any permanent structures built within any public easement, such as permanent accent walls, require City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-453 and direct the City Clerk to record said permit. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Entrance monuments and walls for subdivisions and businesses are commonly placed within street right-of-way, City owned open space land or easements. In each case, staff has reviewed detailed plans showing locations and elevations of the proposed entry accent walls to insure that walls do not create traffic hazards with respect to sight distance restrictions. This encroachment permit includes an indemnity clause holding the City, its agents and employees harmless from damages resulting from the construction and maintenance of the entry monuments belonging to McMillin Otay Ranch, LLC. On March 25, 1999, staff received a copy of a letter from the McMillin Land Development Company requesting an Encroachment Permit (Exhibit C). The applicant believes that the Encroachment is necessary for the visibility of the monument and entry walls. /.;2,-/ ---,._-~------- _.__..._______m__' Page 2, Item Meeting Date 05/18/99 The City's standard encroachment permits contain the necessary maintenance, removal and hold- harmless cIauses. The encroachment permit protects the City from maintenance problems and liability for damages and/or bodily injuries arising from the performance ofthe work connected with the monument signs. The cash bond required for the permanent encroachment will help reinforce the encroachment removal clause. According to Section 12.28.020 of the Chula Vista Municipal Code, a Council resolution must authorize the issuance of this encroachment permit. FISCAL IMP ACT: McMillin Otay Ranch, LLC. A California Limited Liability Company has paid a $250.00 application fee for processing the Encroachment permit and posted a cash bond in the amount of$6,700.00 on April 29, 1999 to secure the demolition and removal of said entry accent wa]]s. Attachments: Exhibit "A" - Encroachment Permit PE-453 Exhibit "B" - Locator plat Exhibit "C" - Letter from McMi1hn Land Development Company H:\HOME\ENGINEERlA GENDA \PE453A.BFS 1).,--2 RESOLUTION NO.~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-453 FOR CONS- TRUCTION OF TWO ENTRY ACCENT WALLS PROPOSED FOR THE McMILLIN OTAY RANCH SPA 1, PHASE 1 WITHIN PUBLIC DRAINAGE EASEMENT AND AN ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT ON BOTH SIDES OF LA MEDIA ROAD SOUTH OF TELEGRAPH CANYON ROAD WHEREAS, McMillin Otay Ranch, LLC., a California Limited Liability Company, is proposed to construct two entry accent walls along La Media Road south of Telegraph Canyon Road within a public drainage easement and an assignable and irrevocable general utility and access easement; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within right-of-way or city easements, such as permanent accent walls, require city Council approval utilizing the encroachment permit process. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby authorize the issuance of Encroachment Permit No. PE-453 for construction of two entry accent walls proposed for the McMillin Otay Ranch SPA 1, Phase 1 within public drainage easement and an assignable and irrevocable general utility and access easement on both sides of La Media Road south of Telegraph Canyon Road. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution and permit. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~ ~£~--L~ John . Kaheny, City ttorney H:\home\lorraine\rs\PE453.enc ) :¿ --3 Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 Chula VistA, CA 91912 [ X] This documenJ benefits pennittee. Recording fee required. :«::'$ . ?:::: EXHIBIT "A" }:.;. X·O· n ::::::: :$:; I ~',' @ ~ [~: m ~. (This space for Recorder's use, only) I ø.:::::::æ: -;. Þ.:::~::::::;:::;:::::;:::;::~;~;:::::;::::::..;::::,:::::,:,::~,;. Affects Assessor's Parcel No(s) 642-060-11 & 642-080-01 C.V. File No. 071O-40-PE-453 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-453 Pursuant to Chapter 12.28 of the Chula VistA Municipal Code, permission is hereby granted by the CITY OF CHULA VlSTA (hereinafter "City") to: MCMILLIN OTA Y RANCH. LLC. (hereinafter "Permittee") whose mailing address is 2727 Hoover Avenue, National City, Ca 91950, to perform work within public drainage easement and an assignable and irrevocable general utility and access easement belonging to the City of Chula VistA subject to the terms and conditions contAined in this permit ("Permit"). 1. City Proœrtv City's property ("City Property) affected by this permit is described as follows: Portions of drainage easement recorded 11/28/90 as File No. 90-634651 of O.R. and an assignable and irrevocable general utility and access easement granted to the City of ChuIa Vista per Map No. 13605, McMillin Otay Ranch SPA 1 Phase 1. 2. Benefitted Pro,perty The property benefitting from the grant of this permit is the McMillin Otay Ranch Projects and is described as follows: LEGAL DESCRIPTION: Portion of McMillin Otay Ranch SPA 1 Phase 1 & 2, further described in Exhibit "A" attached. 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose ("Encroachment") : Installation and maintenance of the decorative accent walls along the sides of La Media Road South of Telegraph Canyon Road, more particularly described in Exhibit "1;1" attached hereto and incorporated herein by this reference. /;2. - i Page 1 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. The Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Ally costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to City. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Permittee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the public right-of- way. This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installatíon must be removed or relocated, as and when specified by City, at Permittee's cost. If Permittee fails to remove or relocate Encroachment within the period allotted, City may cause such work to be done and the cost thereof shall be imposed as a lien upon Permittee's property. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the executíon of the work covered by this agreement, or the existence or maintenance of such work. Permittee's indemnification shaIl include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shaIl not be limited by any prior or subsequent declaration by the Permittee. Permittee hereby agrees to and shaIl defend City, its elective and appointive boards, officers, agents and employees against any cJaim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of same. Permittee further agrees to and shaIl indemnify and hold harnùess City, its elective and appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result of actions taken, or alleged to have been taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Encroachment permit should interfere with the future use of the City's right of way by the general public, it must be removed or relocated at Permittee's expense and such right shaIl be terminated as and when indicated by City. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shaIl resolve said dispute in his sole and unfettered discretion, reasonably applied. ).).'",-5 Page 2 CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach ackrwwledgment.) PERMITTEE: Signature: Date: (Notary to attach acknowledgment & Permittee to provide corporate authority for signatory) Aooroved as to form: City Attorney NOTE: Pennittee is to submit a check or money order payable to County of San Diego equal to the total of $7.00 for the first page and $3JJO for each page thereafter, including notary acknowledgments for all signatories. . (Signature Page For Chula Vista File No. 2710-40-PE-453) H:\HOMEI£NGlNEERIPERMITSIJ'E4j3A.BFS //}~J Page 3 ~ y APR-20-99 01:56 PM RICK ENGINEERING COMPANY 2914165 P.02 " ,- DRAINAC.E ES"T ovER ALL OF" LOT ° Do LOT '0" ... OPEN b SPACE ... t; LOT'E" ... OPEN SPACE SEWER AND WATER ESMT _1£= -- LOT'B" DP..EN-~ ___ -sPACE .SSIGN:~D IRREV. C.ENERAL UT I L I TY .ND ACCESS ES"T. ~. AL TR~JL , NOTE: ALL LOTS PER MAP NO. 13605 ,.. o DRAINAGE EASEMENT RECORDED II -28-90 AS FILE NO. 90-634651 O.R. o SLOPE EASEMENT RECORDED 11-28-90 AS FILE NO. 90-6346520.R. VICINITY M/JP PROJECT NO SCALE LOCA TION RICK ENGINEERING COMPANY CML ENGINEERS· SURVEYORS· PLANNERS 5620 FRIARS ROAD. SAN DIEGO CA. 92110-2596 PHONE: (619) 291-0707 NO SCALE Sheet 1 of 2 Sheets PROJECT NUMBER. J-131Z6L McMILLIN OTA Y RANCH SPA I, PHASE 1 WALL E1!ÇRQACHMENT EXHIBIT "B" .-- ._. DATE· APR ILl e;. I 999 'u.../þ"<'J""'hl/d.yþ'...UU.U"....'T I.....ao........uuu... :~..~~!.:"~ ~~t ~~~~~. ",......... ~ ~'I-' t,,¡, I ......uu..... /2 r 7 <t 65'-0" tt @ 'OC , '" M . ;..', .. -.~ . ® @ LEGEND CD ® @ 1 112" W.I. RAIL 5/8" RD. W.I. PICKET 111 4" O.C. P.I.P. CONCRETE CAP WITH INTER GAL COLOR TO BE SCOFIELD 'ADOBE TAN' o 2" POST úiI 8' OC_ ® FINISH GRA~' ® WELDED ANGL.E TOP AND BOTTOM ø 3/8" LEAD EXPANSION BOLT WITH 2-5/8" LAG SCREW ® PILASTER . She,et 2 of 2 Sheets ENTRY ACCENT WALL WITH PILASTER . . . .' EXHIBIT "A" LEGAL DESCRIPTION PARCEL I BEING A POIITION OF QUARTER SECTION II AND II. PORTION OF QUARTER SC-cnON (2 Or- RANCHO DE LA NACON.IN THE COUNTY OF SAN DIEGO, STAlE OF CAUFORI'IIA, ACCORDING TO MAP THEROOf 1"0. 166. BY MORRIll. fILED IN THE OfF1CE OF THE COUNTY IŒCORDER OF SAN' DIEGO CDUI'<TY. ~IAY I. 1869. BEING MORE PAR'I1CULARLY DESCIUBED AS fOlLOWS: COMMENCING AT 11iE SOlll'l!EASTElU-Y CORNER OF FRAcnoNAL QUARTER SECTION 13: THENCE ALONO THE SOUTHERLY UNE OF SAID FRACTIONAL QUARTEI1. TO THE SO\JTHWEnCRLY CORNER OF SAID ~'RAcnONAL QUAR'ŒR; THENCE AI.oNG 11lE WES'reRl. Y LINE THERF.OF TO THE sotrI'HWE.'>reR Y CORNER OF SAID QUARTER SECTION \I: 'THENCE CONTINUING ALONG THE WF.sTERLY LlNETHEREOF TO THE TRUE POINT OF BEGINNING: 'THENCE COHTTNUlNG TO THE SOUIHERLY RIGHT-OF-WAY LINE OF 1ELEGRAPli CANYON ROAD AS DESCRIBED IN PARCF.I. NO. f,6141·A IN DEED RECORDED APRIL III, 1961 /IS FILE NO. S3JO.1 OF OFFlClALIŒCORDS:'IHENCE ALONG SAID RIGtIT .QF-WA Y ; !HENCE TO 11iE BEGINNING OF A NON-TANGmIT '033.00-HJOT RADWS CURVE CONCAVE SOtrrHr>AS1CRl,Y. A RAmAl. 1.IM' TO SAID POINT BEARS NORTH 47"S2'sr wroST: THF.NCE ALONG THE ARC OFSAID CURVU THROUGH A CEJ<TRAL ANGLE OF 20"53'IT: TIiF.NŒ TANGENT TO SAID CURVE : THENCE : TIŒNCE TO THE BEGINNING OF A TANGENT 1933JX¡- ·o(n RADIlIS CURV¡¡ CONCAVE SOlJTllliAS'Œ]!.LY. A RADIAL UNr, TO SAID POINT BEARS NORTH 26"52':<4- WI!ST: TIißNCE ^I.ONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGIE OF 02"J9'40" TO THE; EAS'lERL Y UNE OF SAID QUARTERSF.cnON II:TIIENŒ (.BAVING SAID CURVE AWOO THE EASTERI.Y UNE THEREOF TO THE BEGINNING OF A NON·TANGENT soa.OO-FOOT RADIUS CURVE CONCAVE solT/'HWESTERl. y, A RADIAL UNE TO SAID CURVE BEARS NORTH 25"40'03- EAST. SAID POINT BEING A DISTANCE 01' \107.47 FEET SOUTHERLY O~ THE NOR.THEA..STERL Y CORNER OF SAID QUARTER SECTION 12. 'fIiliNCE ALONG TIlE ARC OF SAID CURVE NORTItWESTIiRLY 131.37 FEET THROUGH A CENTRAL ANGLE Of 15"Q,n.-: TIlEI'Œ TANGENT TO SAID CURVE NORTH79"23'II-WEST 2461.02FE1:T TO THE BEGINNING OF A TANGENT 6OCtOO-I'OOT RADIUS CURVE CONCAVE SOlm!ERLY: THENCE ALONG THE ARC' OF SAID CURVE NORTHWES'!ERL Y 342.82 FEET 11IROUGH A CT,m'RAL ANGLE OF 3r4.·13- TO mE; TRUE POINT OF BEGINNING, SOUTH 71"57'24" WEST 2600.99 FEET HORTHIr5I.'-WEST 4171.11 FEET NORTH 17"51.1-W"..sr 2<1\.45 FEET NOR11! 17"51'2'-WEST 1677.69 ¡'¡,ET NORTH 42"03'10" F.AST 426.71 FEET SOU11l47"S6'5<r EAST 0.04 FEET NORTIlEASTERI..Y 7fJ1.61FE...q NORTIl6J"OYJD" EASõ 1:<41.6K FEET SOlTJ'H 26°51'33" EA.S7 0.65t-=¡ HORre 63"0776- EAST 154.45 F¿", NORTHEASTERLY K9.77 FEET SOUTIII7"52'2'- EAST 3694.65 r.cET CONTAINS 162.960 ACRES MORE OR LE.~S . )2 ~( PARCEL 2 BEING A PORTION OF QUARTER SECTION t \. A PORTION OF QUARTER SECTION 1'2 AND A. PORTION OF FRACTIONAL QUARTER SECTJON ).; OF RANCHO DE LA HAOON. IN THE COUNl");' OF SAN D1EGO. ST ATE OF CAUFORNIA. A=RDING TO MAl' 'lHEREOF NO. 166. BY MORRJU. ALa) IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY I, 1869, BEING MORE PARTICULARLY DESCRIBED A5 fOL!..OWS: COMMENCING AT nœ SOtrn!l!AS'!!!RLY CORNER OF FRAcnONAL QUAR'!CR SECTION I~: THENCE AL!:NJ 'mE sout1IERL Y LINE OF SAID FRAcnoNAL QUARtER SO\TIH71°S7'24-WEST 2600.99FEET TO nœ sournwesTERLY CORNER OF SAID FRACTIONAL QUARtER SECTION 13: !HENCE ALONG TIlE WEõIER1.Y LINE 'I1IERFDP NORm I'!"S 1'21" WEST 1272.13 FEET TO nœ TRUE rGlNT OF BEGINNING, SAID POINT BEING ^ DISTANCE OF 263.21 FEET sotmIERLY OF TIlE SOUIHWESTERL Y CORNER OF SAID QUARlER SECTION 12: 1HENC!! CONntIUE ALONG TIlE WESTI!RLY LINE THI!JŒOF NORTIllrSI'2I"WEST ~IOO.43 FEET TO THE BEGINNING OF A tlON-TANGEtIT roo..oo-FOOT RADIUS aJRVE CONCAVE sotrrHERLy, A RADIAL UNE TO SAID POINT BEARS NOKTII22"0T'24" WEST, SAID POINT ALSO BEING A DISTANCE OF 201.4S ÆEI' NORnœRL Y OF 'T1Œ NORTHWES'IERLY CORNER OF SAID QUAR1ER SECTION 12: THENCELEAVINO SAID WESTERLY UNEALONGTHE ARC OF SAID CURVE EASTERLY 342.82 FEET THROUGH A CENI'RAL ANGLE OF 32"44'13'; TIlENŒ TANGENTTO SAID CURVE SOUTIl79"2J' -EAST 2461.02FEET TO nœ BEG1NNING OF A TANGEI'IT Soo.oo-FOOT RADIUS CURve CONCAVE SOUTIIWESTERLY: THENCE ALONG mE ARC OF SAID CURVE SOUTI!EASTERLY 131_'1 FEET TIlROUGH A CENI'RAL ANGLE OF 15"03·'.... TO r<1t EASTERLY UNE OF SAID QUARTER SECTION 12. SAID POlh, BEING A DISTANCE OF 1107.47 FEET SOUTHERLY OF THE NOR1H!!ASTERLY CORNER OF SAID QUARTER SECTION 12: '!HENŒALONG SAID BAS1ëRLY UNETIIERSOF SOUTIlI7"S2'24- EAST 922.IS FEET TO A POINT BEING 598.00 FæT NORTHERLY OF THE SOtmJEAS'li!RLY CORNER OF QUARTER SECTION 12: 11IENCE LEA VINe SAID EASTEIU. Y UNE SOUTIl5r2!':zrWEST 6U.39FEET TO nœ BEGINNING OF A TANGENT 3S00JIO-R>OT RADIUS CURVe CONCAVE soumEASTERLY: 'lHENCE AlONG me ARC 01' SAID CURVE SOUTHWESTERLY 288,16 FEET THROUGH A CENI1tAl ANGLE OF 04°43'02-: THENCE TANGENl'TO SAID CURVE SDl1Jl!47"3S'2S"WEST 581.33 FEET TO me BEGINNING OF A TANGENT 25OO.00-R>0T RADIUS CURVE CONCA VE NORTHWESTERLY: 11iENCE ALONG TH~ ARC 01' SAID CURVE SOUTl!WES1ERLY 621.73 FEET THROUGH A CENI'RAL ANGLE OF 4°14'S6-: TIJENCE TANGENl'TO SAID CURVE SOUTII 61"53'21- WEST 647,78 FEET TO TIlE TRIIE POINT OF BEGINNING CO~TAlNSI~~5A~MOREORL~S 2. / :2 --Ie; r .".', EXBIBI'1' -¡'. st:)Œ 1"-1000' _ O~Y VJŒS Rtì\D SHFi 1 OF J SHEITS 7fJ..E'GRAPH C'JiYIJN R(W) ~. _ PER [J()C. /10. ~9 ~ ~ G:~ ':)1'8%7 5.U04 ~ ø vØ ~ P.fX, 11/28/90 ~."," ~ ~ ~;:¡J Oíf~'{ 0'" ~....¡ g!JS ¡j?P'~. ~.rfJ. \ Jì.4. rß"? . \..j I ~~ ¡..ú- pU .~6'02:£ Z . ~ S27:¿+.J"gl "~:y-'~' I..~}) oJ1'L '~'Z._ ..Go \.~t \.~ '-- -- ,~/ 1U.s. "" ~ \~.:t' \..~A ----SE£oaN.. ~')'/ ~ š \ 11"'- V' ~<j / ~ ~ Q .,; C.\.,,,,, JI- ~ ~ ~/ \S1!lrE' -:¡. t ....... \~~r¡r ~ -4 / -tf ~ VI ,A" . ~.... . - "'"')!"'."..~ .... Q:) {>.). ~"ç,(),11 "1.' r.O I~ 64~cØ /1. ~ I ~ "f>- ...-1'ION 1 ~ '5. _ ~ I~ pO~ 11 - 0. ~ ~ ~ 5£C~~\ ~~ V'~ ....."NG ....£ --- ... - N ~I"-- Z4'oW...:;.- ... "" Ø:;..-c1~' C3 ---z~. ( N7V'2.J·"ìr 2-IG1.~. ~ ~~ ~L2:.tJ;.rT ""'/ACi"" 1" "c ¡; .... 0 Sr- . "i ~ 1/A .,., \ ", ~ ~I Ti8S Rl W S.B.M. = = -< L ",,' ~. " P C ~ ~.~ ~z600'~ \\- :~c,. .0. . '" -';. ,,p,f. ~tI¡¡!J<1' ~ fWIS. 1.z,5,6 é i' "1. ~3~~5í' '<5 -0, ~ . T.P.O.B. I£GAL DESCRIPnON ~ V' ~\ .~ ~ b, PN?S. J k oj QUN(ffR SEI:T1ON 12. FRAC/IOI'«L &\2'~"uf ":. ..., . It'- Q!.I4R7J:R SfI:i1ON 15 AND )JL rw.r v~r7"" 1/ A tl1fS!z '].' POIl1ION OF Otwm:R SEr:1KJN II AlL _ _ T.P.O.8-cr<A.G. 13 1606,9 OF RANCHO D£ LA NACION. IN 711£ CITY ~ ~ PM. 2 r ~r - .nI'-99' :fi 2 CHtJLA ~ NXXJR[JINr; 10 /lAP NO. 166 't, ~ S~· . ~10'JZ.:I4· z6:l;"~ BY IJOfmL. Rl£D IN THE CIfRC£ OF 711£ . "! ,:;1'.2.(.. 7 r£~1' 4 COUNTY RS;ORDER OF SAN DIEJX) CDUh7Y. 1111 6õ \ S~ of',R $/}Jf: OF cmFrJ«N1A, TOGE1HfR H'/1I/ L(]lS 1565- L 19. 20, 21 AND 22 or OTAY RANCHO. IN 111£ COU/ID' or SAN OISXJ, STATE OF CAI.JI'ORMA CURVr DELTA NXORDING 10 AW' no. 852, F/!ED IN 111£ CJFI'Œ CI 211'58'2T OF mE COUNTY R£C()(I[)£R or SAN DIEGO COUNTY. C2 02"J!J' $/}Jf: OF 00JF0f1N/A. ßI.SIS OF F/FN1IIIGS CJ 5:un THE B,OflJ. IS 111£ r:ALCIM1FD - IX 15W'1 ~ PUJ/CTE ENOl .~ 9£TII'fÐ{ /IDN. lID. JJ6 d: 15JO PER CS 1-1'1'("Sõ .. _ ..,.. ~. mm: ...... ..,., R OF 5 1#92. TJiE 8E'NI1HG5 SI/DI!N C6 (U'.ßT]. "'"".......- ..... ARE IN 7<RJIS Or" TH£ c.c.s. N'lJ8J ~7 2~'~' IIIEle ..) z.:s:1-HØ r.u ~ ~, ~ ~ '" I~GO ICR5 126.9-f5 N:R£S 97..919 ACRES 17rJ.B33 ACRES 149.151 ¡A.."REJ: 186.482 ACRES 132.572 ACR£S øjIP SfTE ~ ill:> ~ RANcHO DF' LA NACJoN )... <S '" i3 :;: T.P.O.B. PAR. I VIÇjN/TY MAP HoTs.. fXGTlNG ZOHIfHG: pç (PWINfD 1::Ofo(MUHTTT) Þf¡¡:¡posm use RE5/D--::mw.. NfI NEk PN?Cfl. 1 PA'IC£!.. 2 FN/Cfl. J PI'RCEL oj FIRœ. 5 PARC£1. 6 PIRŒl 7 UNt L! L2 U Loj L5 L6 L7 OIRECTION 1#2'03'1 E 1HT5 II' NõJ"07'2 E N2ô. ' II' N61'5J'Z1 f N4TJIJ'. E N5:!2I'2 f 0ISrANC£ 426.71' D.t#' 15HS' D.65· 647.78' 58tJJ' 61/,39' fW){US r..mr;m 19:J3.00' 707.61' 19:J3.CJ(]' 89J7' 6CJOJXI' Jf2.BZ· 500.00' IJI.J7! 25(){J.()()' 621.13' 35OO.1XJ' 288.16' 5212..92' 2527.41' 3 ..---.-.- - /:¿ //j APR-20-99 01:56 PM RICK ENGINEERING COMPANY 2914165 P.02 ,. - DRAINACE [SMT OVER ALL OF LOT' O' LOT "D" OPEN SPACE ;.._ LOT"E" o OPEN SPACE SEWER AND WATER E51011 -''£= LOT "8" OP..EN-~ ___ -sPACE ASSIGN:-¡rt¡D IRREv. GENERAL UTILITY AND ACCESS (SUT. ~. AL TR~IL 10 0--.. _ 0--.. lOT "A"-_ OPEN SPACE EXIST. ~. SIDEwAl~ ASSIGN. AND IRREV. GENERAL UTILITY AND ACCESS ESIoIT. NOTE: ALL LOTS PER MAP NO. 13605 " o DRAINAGE EASEMENT RECORDED 11-28-90 AS FILE NO. 90-634651 O.R. o SLOPE EASEMENT RECORDED 11-28-90 AS FILE NO. 90-634652 O.R. VICINITY M/JP PROJECT NO SCALE LOCA TION RICK ENGINEERING COMPANY CML ENGINEERS· SURVEYORS" PLANNERS 5620 FRIARS ROAD. SAN DIEGO CA" 92110-2596 PHONE: (619) 291-0707 NO SCALE Sheet 1 of 2 Sheets ._- J-131Z6L APR \ L 16. 1999 McMILLIN OTAY RANCH SPA I, PHASE 1 WALL ENCROACHMENT EXHIBIT "B" .-- PROJECT NUMBER. DATE· IU..-/P""C1J(lnfrtfd_II'"P"..··..··.·....·tll_.....U..;UU... :'!"':~~~~~t~~~,,~.r>'..I..........u,-' tab ,.....u........ /:2 ;'1.2. ct 65'-0" 't 0- ® . OC TYPICAL , N C") . .""'.'"" ® @ LEGEND CD ® '.0 1 1/2" W.I. RAIL 5/8" RD W.I. PICKET ICI 4" O.C. P.I.P. CONCRETE CAP WITH INTERGAL COLOR TO BE SCOFIELD 'ADOBE TAN' o 2" POST íiiI 8' OC. ® FINISH GAA~' ® WELDED ANGLE TOP AND BOTTOM CD 3/8" LEAD EXPANSION SOL T WITH 2-5/8- LAG SCREW ® PILASTER She,et 2 of 2 Sheets ENTRY ACCENT WALL WITH PILASTER - EXHIBIT "e" .\\ McMillin Land Development A Corky McM,¡"" Company March 25,1999 Mr. Silvester Evetovich City ofChula Vista Engineering Dept. 276 Fourth Avenue ChuJa Vista, CA 91910 Subject: McMi1lin Otay Ranch SPA 1, Entry Accent Wa1l Dear Mr. Evetovich: Please take this letter as a fo=al request for an encroachment pe=it for Entry Accent wa1ls proposed at the McMillin Otay Ranch project. The accent wa1ls are 3.5' ta1l with 4' ta1l pilasters at each end and are proposed to be insta1led within the open space jots on either side of the La Media at the Telegraph Canyon crossing. Attached is an original Authorization for Encroachment on City Property agreement and related exhibits as requested by you. Please provide us the application, if required, and pe=it fee, at your earliest converuence. Should you have any questions please do not hesitate to contact me at (619) 336-3799 Sincerely, McMILLIN LAND DEVELOPMENT. :;2'-""'::0. '.('¢A~' /Ý~ ¿o---.E.-~¿//. ~;::V~ / ~ L /~ Sohail Bokhari / Project Manager. Engineering ~\\, ~" McMillin Realty McMillin Mongage ~,,/.2 "/t:" ~\\ McMillin Commercia] McMillin Land Development McMillin Homes CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY. CA 91950 TEL (619) 477-4117 FAX (619) 336·3112 ~_mcmillln_com COUNCIL AGENDA STATEMENT Item J.3 Meeting Date 5/18/99 ITEM TITLE: Public Hearing to consider the modification of the existing Transportation Development Impact Fee SUBMITTED BY: Director of Public Works City Manage~~ REVIEWED BY: (4/5ths Vote: Yes_NoXJ It is recommended that this public hearing be continued to the June 8, 1999. H :\HOME\ENGINEER\AGENDA \TDIF .LDT FILE NO., HY09I 13- ) COUNCIL AGENDA STATEMENT Item: d Meeting Date: 5/18/99 ITEM TITLE: Public Hearing: PCM 99-09 I PCC 99-31: Consideration of an amendment to the Rancho del Rey SPA 1 Commercial District Regulations to allow self- storage facilities subject to approval of a Conditional Use Permit and associated Conditional Use Permit to allow a self-storage facility to be constructed at 810-812 Lazo Court in the C- 1 Commercial District - Caster Group, L.P. Resolution: A Resolution of the City ofChula Vista City Council denying an amendment to the Commercial District Regulations of the Rancho del Rey Sectional Planning Area (SPA) Plan to allow for self storage facilities to be considered subject to approval of a conditional use permit. SUBMITTED BY: Resolution: A Resolution of the City ofChula Vista City Council denying a conditional use permit to allow for the construction of a self storage facility at 810-812 Lazo Court in the C-l Commercial District of Rancho del Rey Planned Community. Director of Planning and BUildinlrí- REVIEWED BY: City Manager 4/5 Vote: Yes No X This item is being continued to the City Council meeting ofJune 8, 1999. If -' / COUNCIL AGENDA STATEMENT Item: / ~ Meeting Date: 05/18/99 ITEM TITLE: PUBLIC HEARING: CONSIDERING AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES AND ESTABLISH NEW FEES FOR ANIMAL SHELTER SERVICES. RESOLUTION J 9 iJ? :J... AMENDMENT TO THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES AND ESTABLISH NEW FEES FOR ANIMAL SHELTER SERVICES. AUTHORIZING THE SUBMITTED BY: REVIEWED BY: Chief of pOlice~ C \ ^ City Manage~ ~~ 1 (4/5ths Vote: Yes.....lL No_) The purpose of this report is to adjust existing fees and establish new fees for animal control services. These fees are a part of a comprehensive business plan currently being developed for the animal control shelter and construction of the new animal shelter facility. All changes to the fees proposed are to be effective July 1, 1999. BACKGROUND The City of Chula Vista has been in the business of providing animal control services since 1923. During that time, we have provided animal control services for a reasonable fee. Those fees are part of the City's master fee schedule and were last updated in 1993. Since then they have remained relatively the same despite a service cost increase and the provision of additional services provided by animal control staff. The most recent of these service changes occurred on July 15, 1997, when Council approved enhancement of shelter resources (staff and veterinarian services) as part of a decision to retain shelter and animal control services within the City. No adjustments were made to existing fees and no new fees were adopted in order to reasonably recover the cost of providing the specified product or service to the public. Staff is proposing amendment to the master fee schedule to adjust existing fees and to add new fees for enhanced services. This proposal also includes the implementation of two new programs (offsite adoptions and a senior adoption program). Adjustment to existing fees and establishment of new fees are supported by a variety of groups: the SpaylNeuter Action Project (SNAP), the Fund for Indigent Animals, Mercy Crusade, Inc., the Friends of County Animal Shelters and PETS, which is a volunteer group formed to support activities at the Chula Vista Animal Control Shelter. Letters from each of these groups are attached for Council's review. ;f/j ._---_._~"--------~,--._--_._---,..._. --.-.-.--'-,".- Page 2, Item Meeting Date: 05/18/99 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City may charge reasonable fees to recover actual and related indirect costs for providing a specified product or service. Staff is proposing fees that will reasonably recover costs without discouraging the public from licensing, adopting animals or using other services provided by the Chula Vista Animal Control Shelter. All changes in fees proposed are to be effective July 1, 1999. Detailed calculations of the proposed fees are available for the public's review by contacting the Administrative Services Manager for the Chula Vista Police Department. Methodology - Prior to proposing changes to the fee schedule, the cost of providing each service was calculated (including full cost recovery) in an effort to determine the cost of providing these services. In most cases, the actual cost exceeded what the market would bare and what is considered a reasonable fee. This conclusion was derived after a county-wide comparison of similar fees among agencies providing animal control services was conducted (Attachment I). Furthermore, staff reviewed each individual fee with the goal of increasing licensing and adoptions by at least 10% annually with a corresponding decrease in euthanasia and repeat offenders. Program City Cost with Full Cost Recovery Licensing $92,167 annually Home Quarantines $158 per quarantine Pathology Reports $54 per report request Veterinary Services $10 per animal plus medication Return to Owner in Field $52 each Tranquilize Animal $179 per animal Owner Relinquishment $45 each Impound $68 each Board $41 per day The following is a summary of proposed changes to existing fees and the addition of new fees. Projected new revenues are based on the estimated number of animals anticipated to be processed during FY 99-00. In order to derive at a FY 99-00 estimate, current year actuals were adjusted for a potential 5% loss in the number of license renewals and owner relinquishments as a result of the fee increase. Staff anticipates full recovery will occur as we increase public awareness and voluntary compliance with vaccinations and licensing requirements. Staff plans to initiate a public awareness campaign which will consist of the use of local media, veterinarians, local pet stores and schools to promote licensing and adoption of pets. Additionally, staff is in the process of /5'~ _______._________.____.______..._________0_____..__._.____ Page 3, Item Meeting Date: 05/18/99 developing various brochures to be distributed in veterinarian offices, pet stores, local events and schools. The anticipated 5% loss in renewals is not significant in light of an increase of $89,257 in new program revenues. A detailed description of each fee is included in Attachment 2. Summary of Fees A.LICENSES Current Proposed Est.# of Licenses Projected New Fee Fee in FY 99-00 Revenue 1 Yr. Altered $9.00 $12.00 1,900 $5,850 2 Yr. Altered 12.00 Eliminate 3 Yr. Altered 14.00 23.00 1,000 9,000 1 Yr. Unaltered 18.00 25.00 800 5,600 2 Yr. Unaltered 24.00 Eliminate 3 Yr. Unaltered 28.00 50.00 300 6,600 Puppy 8.00 Eliminate Late Fee 3.00 No change 5% Adjustment 50 (1,352) Net Total 4,050 $25,697 Reference Attachment 2-A for details. B..tMPOUNDS Est. # of Current Proposed Impounds in Total Projected Fee Fee FY 99-00 Revenue DogslCats 1 Impound $20.00 $25.00 655 $3,275 2 Impound 40.00 45.00 200 1,000 3m Impound 60.00 65.00 100 500 Exotic/Livestock 20.00 30.00 5 50 Birds/Poultry 20.00 No change Reptiles 20.00 No change Rodents/Rabbits 20.00 No change Total $4,825 Reference Attachment 2-8 for details. C. BOlird(PerD lY) Current Proposed Est. # of Projected New Fee Fee Boards Revenue Dogs & Cats $5.00 $6.00 1,000 $1,000 Livestock 5.00 10.00 8 40 Other Small Animals 5.00 No change Total $1,040 Reference Attachment 2-C for details. / S'- 3 Page 4, Item Meeting Date: 05/18/99 D. OWNlõRiRELINQUI$HMeNTS Est. Dogs & Cats Current Proposed #of Projected New Fee Fee Relinquishments Revenues @ shelter wi license $5.00 $15.00 1,575 $15,750 @ shelter wlo license 15.00 25.00 'UTD UTD @ shelter for euthanasia 5.00 15.00 UTD UTD Litter 5.00 15.00 UTD UTD Exotic/livestock 5.00 15.00 UTD UTD Other small animals 5.00 No change UTD In field Relinquishments 25.00 35.00 UTD 5% Adjustment (75) (750) Net Total $15,000 Reference Attachment 2-D for details. 'UTD - Unable to Determine E. VACCtNATtON$ (Dogs & Cats Only) Current Proposed Est. # of Projected New Fee Fee Vaccinations Revenue FVRCPIDHLPP 0 $3.00 655 $1,965 Rabies 0 5.00 655 3,275 Total $5,240 Reference Attachment 2-E for detaIls. F. VETERINARIAN FEES Current Proposed Est. % of Animals Projected New Fee Fee Examined by Vet Revenues Exam 0 $10.00 10% $650 Daily Medication 0 Per Day 2.00 10% 260 Total $910 Reference Attachment 2-F for detaIls. G. RETURNED TO OWNER (In Field Only) Est. # of Animals Current Proposed Returned to Projected New Fee Fee Owner Revenues All Animals 0 $25.00 50 $1 ,250 Reference Attachment 2-G for details. / f-- 'I ^---~---,_..__._----'-,._-~_.._-- .."~_._.._- .-.-.--.--....-- Page 5, Item Meeting Date: 05/18/99 H. TRANQUILIZED ANIMALS Current Proposed Est. # of Projected Fee Fee Tranquilized Animals New Revenues All Animals 0 $30.00 10 $300 Reference Attachment 2-H for details. I. HOME QUARANTINE Current Proposed Est. # of Home Projected New Fee Fee Quarantines Revenues All Animals 0 $30.00 90 $2,700 Reference Attachment 2-1 for details. J. PATHOLOGY Current Proposed Est. # of Projected New Fee Fee Pathology Reports Revenues All Animals 0 $45.00 1 $45 Reference Attachment 2-J for details. ..... K. DlIl'Igerous,Dog Est. # of Dangerous Current Proposed Dogs in Projected New Fee Fee FY 99-00 Revenue Dangerous dog or potentially $50.00 dangerous dog 0 per year over & 1 $50 above reg license Reference Attachment 2-K for details. JY~ ._._---"._--~-----"._--_.-..,. ._- ". ~._,-._+-_._-_...__._~ Page 6, Item Meeting Date: 05/18/99 1.... SHELTERADOPIIONS Current Proposed Est. # of Adoptions Projected New Fee Fee In FY 99-00 Revenue SIN Dogs $5.00 $50.00 175 $7,875 SIN Cats 5.00 40.00 80 2,800 UN SIN Dogs 5.00 30.00 500 19,000 UN SIN Cats 5.00 30.00 300 7,500 SIN Rabbits 5.00 No change Minimal Un SIN Rabbits 5.00 25.00 Other small animals 5.00 No change Minimal Livestock 5.00 30.00 Minimal 25 SIN Deposit (Refundable Male Cat 12.00 40.00' (2,800) Female Cat 20.00 40.00' (2,000) All Dogs 25.00 40.00' (4,200) 'Refundable deposit mandated by State law for un spayed or neutered dogs and cats Total $28,200 M. OFF,SITEADOPTIONS Payment Current Proposed To Non-Profit Projected Fee Fee Agency Revenue Dogs 0 $50.00 $35.00 $1,700 Cats 0 40.00 22.00 1,100 Rabbits 0 30.00 25.00 1,200 Total $4,000 Reference Attachment 2-L & M for details. FISCAL IMPACT: Adjustment of existing fees and establishment of new fees will become effective July 1, 1999. The proposed new and modification to existing fees will generate ongoing revenue of approximately $89,257 annually. These revenues will be used to offset ongoing operating costs. Attachments: Attachment I - Animal Control Fees Comparison Chart Attachment 2 -Summary of Animal Control Fees Attachment 3 - Letter of Support from SNAP Letter of Support from The Fund for Indigent Animals Letter of Support from Mercy Crusade, Inc. Letter of Support from Friends of County Animal Shelters Letter of Support from PETS Welfare Foundation {J:\usrladminlscsla 113s\2asfees. doc] /5"/? -------_._--_.,_._,-_.._-~-_..,'.._.~,..__.. RESOLUTION ) 7 'It J. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES AND ESTABLISH NEW FEES FOR ANIMAL SHELTER SERVICES. WHEREAS, animal control fees have remained relatively the same since 1993; and, WHEREAS, fees attempt to recover the cost of providing specified products or service to the public; and, WHEREAS, the City proposes to amend the Master Fee Schedule to adjust existing animal control fees and add new fees as appropriate; and, WHEREAS, a county-wide comparison of similar fees among agencies providing animal control services was conducted; and, WHEREAS, the proposed fees reasonably recover costs without discouraging the public from licensing, adopting or using other services provided by the City; and, WHEREAS, the cost of to provide animal control services are available for public review by contacting the Police Administrative Services Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Master Fee Schedule as set forth in Attachment 2 to modify existing fees and add new fees. Presented by: Approved as to form by: Richard P. Emerson Police Chief John M. Kahen City Attorney H :\shared\clerk\feesched .doc /3-7 - ....._....-.- ------..--------..- ATTACHMENT 2 PROPOSED FEES ANIMAL CONTROL SHELTER A. LICENSES Current Proposed # of Licenses Projected New Fee Fee in FY 99-00 Revenue 1 Yr. Altered $9.00 $12.00 1,900 $5,850 2 Yr. Altered 12.00 Eliminate 3 Yr. Altered 14.00 23.00 1,000 9,000 1 Yr. Unaltered 18.00 25.00 800 5,600 2 Yr. Unaltered 24.00 Eliminate 3 Yr. Unaltered 28.00 50.00 300 6,600 Puppy 8.00 No change Late Fee 3.00 5,00 5% Adjustment 50 (1,353) Net Total 4,050 $25,000 Approximately 4,500 licenses are issued annually by the City. The annual cost of the licensing program is $92,167 of which the City receives offsetting revenue from the issuance of licenses in the amount of $61,000. Staff is recommending an increase to the existing licensing fee schedule to recover most of the annual cost of the program. Licensing services include the issuance of the license, monitoring and maintenance of the database which enables animal control staff to continue reunification services to pets and their owners. The increase in fees will generate an additional $25,000 in revenue. As a result, the annual program cost of $92,167 will be offset by approximately $86,000 in revenues for a net cost of $6,167. Current licensing fees for altered are proposed to be increased by $3.00 for the first year altered license and $9.00 for the three year altered license. Staff believes the discount offered for purchase of a three year license will encourage owners to license their pets for longer terms. The second year license is proposed to be eliminated since it is infrequently used and therefore, not cost effective. In addition, unaltered fees are recommended to increase by $7.00 for a one-year license and $22.00 for a three-year license. These fees are set at a higher rate as an incentive for pet owners to spay and neuter animals. The second year unaltered license is proposed to be eliminated. In addition, the puppy license which is rarely purchased is proposed to be eliminated. )þ"%' -------~_._-,--~,_.__._-_.._- ._~-_..-_..-_.. ----- ,. _._----,--.._-_._--_._~-. B. IMPOUNDS Current Proposed Est. # of Total Fee Fee Impounds in Projected FY 99-00 Revenue D09s/Cats 1SI Impound $20.00 $25.00 655 $3,275 2na Impound 40.00 45.00 200 1,000 3ra Impound 60.00 65.00 100 500 Exotic/Livestock 20.00 30.00 5 50 Birds/Poultry 20.00 No change Reptiles 20.00 No change RodentslRabbits 20.00 No change Total $4,825 Impound and boarding costs per day - Currently the shelter charges an impound fee and boarding costs per day per animals kept at the shelter. The existing impound and boarding charges vary depending on the type of animals housed at the shelter. The fee varies according to the amount of time expended by an animal control officer, kennel attendant and admin office assistant in processing and caring for the animal. For example, the care and feeding of a dog or cat is less expensive than the care and feeding of livestock. In addition, impound fees for dogs and cats escalate for repeat offenders. The average cost of impounding an animal is $68. The current fee is set at $20 with escalating amounts in increments of $20 for second and third impounds. Staff proposes a $5.00 increase be applied to all current fees with exception of birds/poultry, reptiles and rodentslrabbits, which are proposed to remain the same. In comparison to dogs and cats and exotic livestock, these animals require less space, staff time and food products. C. Board (Per Day) Current Proposed Est. # of Projected New Fee Fee Boards Revenue Dogs & Cats $5.00 $6.00 1,000 $1,000 Livestock 5.00 10.00 8 40 Other Small Animals 5.00 No change Total $1,040 In addition to impound fees, the animal shelter currently charges a per day board fee for dogs and cats, livestock and other small animals. The current fee is $5.00. The actual cost to provide the service is $41.00. Increasing the current fee to recover full cost of boarding per day is excessive and discourages owners from claiming their pets. Therefore, the board per day fees are proposed to increase by $1.00 for dogs and cats Attachment 2 Page 2 ;5' ~ 7 and $5.00 for livestock. The board per day fee for other small animals is proposed to remain the same. D. OWNER RELINQUISHMENTS Est. Dogs & Cats Current Proposed # of Projected New Fee Fee Relinquishments Revenues @ shelter wI license $5.00 $15.00 1,575 $15,570 @ shelter wlo license 15.00 20.00 *UTO UTD @ shelter for euthanasia 5.00 15.00 UTD UTO Litter 5.00 15.00 UTD UTO Exotic/l ivestock 5.00 15.00 UTD UTO Other small animals 5.00 No change In field Relinquishments 25.00 35.00 5 % Adjustment (75) (750) Net Total $15,000 *UTD - Unable to Determine Owner Relinquishment - Beginning July 1, 1999, legislation (SB 1785) will require shelters to hold relinquishments for a minimum of three business days regardless of their adoptability. This places a requirement to hold and care for not only the healthy, young adoptable animals; but, also the older, sick and even aggressive animals for three business days. In order to encourage pet owners to properly relinquish their animals, staff is proposing that relinquishment fees remain low. The current fee for relinquishment of dogs and cats is $5.00 with license and $15.00 without. Staff proposes the current fees be increased by $10.00 to help offset some of the cost of providing this service. The increase will help recover the disposal cost and associated supplies used in the euthanasia process. Other small animals are proposed to remain at the same current fee of $5.00. Animals relinquished in the field as proposed to those brought into the shelter by the pet owner will increase by $10.00 to help offset the cost of the officers' time in retrieving and transporting the animal to the animal shelter. Euthanasia services will be provided for $15.00 which is $10.00 more than the current fee of $5.00. /y/i/ Attachment 2 Page 3 E. VACCINATIONS (Dogs & Cats Only) Current Proposed Est. # of Projected New Fee Fee Vaccinations Revenue FVRCPIDHLPP 0 $3.00 655 $1,965 Rabies 0 5.00 655 3,275 Total $5,240 Vaccinations (Dogs and Cats only) -In an effort to protect shelter animals and control the outbreak of disease, shelter staff currently vaccinates all cats and dogs on entry. Two vaccines are currently provided: ~ FVRCP - Is a 4 in 1 feline vaccine which protects cats from Rhinotracheitis, Callci, Panleukopenia, Chlamydia Psittaci disease. These are the most common contagious diseases cats contract in this area so we vaccinate all cats on entry to provide them with initial protection. ~ DHLPP - Is a 5 in 1 canine vaccine which protects dogs against the common contagious diseases of Distemper, Adenovirus Type 2, Leptospira Canicola, Icterophaemorrhagiae, Parainfluenza and Parvovirus. All dogs receive this vaccine on entry to provide them with initial protection. There is a hard cost for each vaccine and a cost for the animal control officer or attendant's time to vaccinate the animal. Vaccines routinely cost the public at least $6.00 (at a vaccine clinic) and $8.50 and upwards to $30.00 at regular veterinarian offices. Currently, the shelter is providing a free service to the public by not charging for these vaccines. Staff recommends the implementation of a new fee to recover the cost associated with vaccinations given to pets in addition to a new fee for rabies vaccinations. By law all dogs over the age of 4 months must receive a rabies vaccination. Prior to the issuance of an animal control license. F. VETERINARIAN FEES Est. Total Current Proposed % of Animals Projected Fee Fee Examined by Vet Revenues Exam 0 $10.00 10% $650 Daily Medication 0 Per Day 2.00 10% 260 Total $910 Veterinarian Fees - Animal control facilities are required to provide all animals veterinarian treatment while boarded. On site veterinarian services were added as part of shelter enhancements adopted on July 15, 1997. The City currently pays for an on- site veterinarian at an hourly rate of $40 to care for the animals five days per week. All /s--// Attachment 2 Page 4 _.~--_.,.__._----_._~-,-,-----_.,~----_._._....._.- animals are examined by the veterinarian at least once while boarded at the shelter. Additionally, sick and injured animals are examined and treated by veterinarian staff as needed. Staff proposes the implementation of veterinarian fees to recover City costs for providing specialized care to these animals. The proposed $10.00 veterinarian fee would be charged only as an initial exam fee for sick or injured animals and serve to defray associated costs for the caring and treating of these animals. Additionally, $2.00 per day will be charged for animals requiring daily medication. G. RETURNED TO OWNER (In Field Only) Est. # of Animals Current Proposed Returned to Total Projected Fee Fee Owner Revenues All Animals 0 $25.00 50 $1,250 Return to Owner (In Field Only) - Often animal control officers will capture an animal in the field. The officers will, in most cases, return the animal to the owner. Staff recommends the implementation of a return to owner fee of $25.00 after the second offense. The first return to the owner will be done as a courtesy. During the first return staff will provide the educational materials to aid the owner in caring for their pet. The fee will be used to discourage chronic violators and recover staff time spent on animal impounds in the field. H. TRANQUILIZED ANIMALS Current Proposed Est. # of Projected Fee Fee Tranquilized New Animals Revenues All Animals 0 $30.00 10 $300 Tranquilized Animals - Animal control staff often tranquilize animals in the field which are aggressive or a threat to public safety. A substance known as Telezol is used because it is a highly effective and a safe tranquilizer; although, very costly. Tranquilization requires special equipment and special training. Most dogs are tranquilized because of aggression and require more than one officer at the scene. Once the animal is taken to the shelter it requires close monitoring by kennel staff. This fee will recover some of the cost associated with tranquilizin9 an animal. I. HOME QUARANTINE Current Proposed Est. # of Home Projected New Fee Fee Quarantines Revenues All Animals 0 $30.00 90 $2,700 /5-/2. Attachment 2 Page 5 Home Quarantine - The animal shelter currently does not charge fees for home quarantines. Quarantines are mandated by state law and are currently done in home as a courtesy to the owner. Staff recommends a fee be charged for these services to recover the cost of providing the service. Quarantines are time consuming for all staff involved. An administrative office assistant or animal control officer must first take a report and enter the information into a data base. Follow-up calls and officer home site visits are required for the observation of the animal and provision of educational manuals to the owner. In addition, a quarantine form is required to be completed which includes a background check on the animal to investigate any prior occurrences requiring quarantine. If a victim is involved, animal control officers must also follow-up with the victim and provide them with educational materials. It costs the City approximately $158. The proposed home quarantine fee will partially recover the cost to provide quarantine services. J. PATHOLOGY Current Proposed Est. # of Projected New Fee Fee Pathology Reports Revenues All 0 $45.00 1 $45 Animals Pathology -Pathology reports on humane cases are mandated in order to determine cause of death. Whereas Necropsi are free of charge, pathology reports are costly. Pathology is an examination of a dead animal's body to determine the cause of death. These exams are done at the County Veterinarian's office and there is a charge of $45.00. The Animal Shelter is required to investigate and enforce all State Anti Cruelty laws. When an animal has been neglected, beaten, poisoned or maliciously killed, we often have to ask that a pathology report be done to determine how the animal died in order to prosecute the case. Also, often we are asked by citizens to determine the cause of death for a pet when the pet died in a questionable manner. Staff proposes establishing a new fee to recover the cost of a pathology report from the owner when possible. K. Dangerous Dog Current Proposed Est. # of Projected Fee Fee Dangerous New Dogs in Revenue FY 99-00 Dangerous dog or $50.00 potentially dangerous NC per year over & 1 $50 dog above reg license 1 Necropsy _ an examination of a dead animal's brain tissue to determine whether the rabies virus is present. This exam is only done on biter dogs, cats or other mammals which are known rabies carriers. This exam is required by law and is done at the County Veterinarian's office at no charge to the City. /~--/J Attachment 2 Page 6 Potentially DangerousNicious Dogs - Legislation (Chapter 9 of Fd & Agr 31601) enacted in 1989, allows local agencies to charge an additional registration fee for a dangerouslvicious dog. This is a statewide regulation to protect the public from the threat posed by vicious and potentially dangerous dogs. Potentially dangerous dogs are defined as follows: a) Any dog which when provoked on two separate occasions within the prior 36- month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury. b) Any dog which when unprovoked bites a person causing a less severe injury than as defined in Section 1604. c) Any dog which when unprovoked on two separate occasions within the prior 36- month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. L. SHELTER ADOPTIONS Est. # of Current Proposed Adoptions Projected New Fee Fee in FY 99-00 Revenue SIN Dogs $5.00 $50.00 175 $7,875 SIN Cats 5.00 40.00 80 2,800 UN SIN Dogs 5.00 30.00 500 10,000 UN SIN Cats 5.00 30.00 300 7,500 SIN Rabbits 5.00 No change Minimal 50 Un SIN Rabbits 5.00 25.00 Other small animals 5.00 No change Minimal Livestock 5.00 30.00 Minimal 25 SIN Deposit (Refundable 100 Male Cat 12.00 40.00* (2,800) Female Cat 20.00 40.00* (2,000) All Dogs 25.00 40.00* (4,200) *Mandated by State Law for unspayed or neutered dogs and cats Net Total $28,200 M. OFF SITE ADOPTIONS Current Proposed Payment To Non-Profit Projected Fee Fee Agency Revenue Dogs 0 $50.00 $35.00 $1,700 Cats 0 40.00 22.00 1,100 Rabbits 0 30.00 25.00 1,200 Total $4,000 /s-/ '/ Attachment 2 Page 7 Adoptions -The proposed adoption fees recover staffs time associated with the adoption of animals and adoption programs. The fees suggested below are reasonable and comparable to fees charged by other agencies. Based on the experience of other agencies, staff does not believe the increase in the adoption fee will discourage adoptions. New Pro9ram and Fees The goal of the adoption program is to place animals into permanent, responsible homes. Staff is proposing implementation of the following adoption programs which will increase the number of adoptions. Off-Site Adoption Program - One way to increase adoptions is through an "Off Site" adoption program. The City has several unique opportunities to make more animals available for adoption through a cooperative program with Petco and PetS mart. Both of these companies will accept spayed and neutered cats from the shelter for adoption at their stores. There is no charge for the service, the only condition is that pets be spayed or neutered. Their staff is trained to counsel potential adopters and process adoption paperwork. For dogs, staff has several opportunities each year to participate in "Adopt-A- Thons" at local businesses such as Walmart, PetS mart, and Saturn dealerships. In addition to a large annual adoption weekend at the Del Mar Fairgrounds and several other locations throughout the county. These events are successful in helping shelters get the necessary exposure needed to increase public interest and "display" the adoptable pets. Again, the only condition at these events is that the animals be spayed or neutered. Spay and neutering of animals is an expensive process. The fees charged by veterinarians vary depending on the size of the animals. As a result, staff is recommending the use of non-profit organization as a cost-effective solution. Pets Welfare Foundation of Chula Vista is a non profit organization established to be a support group for the animal shelter. There goal is to help us increase adoptions, decrease euthanasia and implement a progressive volunteer program. They are interested in helping shelter staff implement an active off site adoption program by spay and neutering pets so they are eligible for the off site adoption programs. The foundation will take eligible unaltered animals and have them altered at a private veterinarian. The City will reimburse the non-profit agency for the cost of a spaylneuter from proceeds from the sale of an animal at the altered rate. This is the most cost effective method to spaylneuter pets eligible for adoption at off-site locations. All off site programs require spay and neutering of pets before acceptance. The payment for this service to PETS Welfare will be $22.00 for cats and $35.00 for dogs. I n addition to dogs and cats, rabbits are often requested at off-site locations. The House Rabbit Society is a private, non profit rescue agency which has agreed to spay and neuter rabbits for $25. Rabbits would be sold at the altered rate of $30 in order to pay House Rabbit Society for $25 for spay/neutering. /~--/~ Attachment 2 Page 8 Senior Adoption Program Staff is proposing the implementation of a Senior Adoption Program. The goal is to put seniors and companion pets together. Seniors over the age of 60 would be allowed to adopt a spay or neutered pet over the age of 3 for $25 (half price). Pets over 3 years of age are better companions for seniors. They are usually housebroken, more settled and easier to handle. Senior homes usually provide a stable, secure home for animals. We believe the revenues generated by this program will be minimal, however, increased adoptions would be a benefit. Other Programs Other programs are currently in the development stage. Upon completion of the new animal control shelter, staff believes it will be in a better position to implement a microchip program, and potentially a retail center for the provision of animal goods. As these programs are further defined and developed, staff will return to Council with the recommendation. [J:\usrladminlscs\a 113slsheldump.doc] 13--/1> Attachment 2 Page 9 ...... - C ( ) E .c (,,) ns ~ r--C"JN'<t "t""'"('t)"C""'"C'\I EI'>EI'>EI'>EI'> .,...('t')coCX) ~N Eßf;hEßT""" EI'> OLnOLnNLnCDNLnO "C""""C\I"C""'"C\I<r"""NYT"C""'"EßT"" EI'>EI'>EI'>EI'>EI'>EI'> EI'> EI'> ",,,, a '" '" N '" rn - .¡¡; .,c. 0 .- c. ~~ .c _ c. "'"" ., 0::0 0 ( ) ns ( )LL..c 0 Ln 0 Ln CD Ln "C-o Ln r-- C"J EI'> ~ r-- .- 0 EI'> EI'> EI'> EI'> EI'> 3:,þC >.CO _ O.!!! 0 Ln 0 CD CD Ln CO ... CD CD '<t ~ ~ r-- ~- ns EI'> EI'> EI'> EI'> EI'> EI'> 0 ns C- O E E .- 0 Ln 0 r-- Ln <X) CO ~ ~ EI'> EI'> EI'> EI'> EI'> « , CD EI'> --------------- ._.,-"-----~-- Ln Ln 0 0 Ln CD CD CD '<t C"J EI'> EI'> EI'> EI'> EI'> Ln Ln Ln 0 Ln '<t '<t '<t C"J N EI'> EI'> EI'> EI'> EI'> Ln Ln Ln 0 Ln N N N N ~ EI'> EI'> EI'> EI'> EI'> 'C 'C 'C 'C 'C "C ¡ ., ~ Q) Q) Q) Q) "C 'C 'C 'C >- 'C >- 'C >- 'C >- ~ Q) ~ Q) ~ Q) Q) Q) Q) Q) Q) Q) 'S: Q. Q. Q. >- Q. >- Q. >- Q. 0 Q) '" Q) '" Q) '" Q) '" Q) '" Q) '" Q. " Q. " Q. " Q. " Q. " Q. " ~ '" ::J '" ::J '" ::J '" ::J '" ::J '" ::J C. Õ c: 0 Q) ., 0 <.) :2 "0 '1: .¡¡; "0 c: Q) >- "0 c: <II 0 c:>- ., - c: c: '(? <IIID (/) c: 8 <II e :J Q) 0 E'ü II 0 en U 0 W 0 :J 0 /ß~/? 0 w 0 0 (J)I(J) - .,---..--.,.--------------.-.- /I en ( ) :< £' :;] o - '0 a < ä: ( ) c. en m (") 0 m (") 0"0 (") (") 0 0 £ en 0 :ra :::T c: (") a 8 c c c: ~ :t !\) !\) ::J -'Ðc I\) 11I r::: _. ::J ::J ::J - SIlO ::J 0 III C. '< fþ < 3 en Si. - :;] a. ä: ä: ¡¡;. 0 0> 0 tD,CL :;] ( ) 0 - - :c! ( ) D> 0> en I 0 1 0 ..... (j) - '< ...... 0 ..... ... ... 0 '" ... ~:e ~ :;] fIO 0 fIO 0> fIO fIO .... .... c..> fIO - 01 01 01 0 0 ....(J1 01 .- õ' Ž ::J .... ~I ::u ... .... ... !:~ tn ( ) fIO 0 fIO ~ fIO .c fIO fIO .... , c..> !,) .... S'lo 0> C 01 01 01 tn 0 "·01··· 01 :x:m ( ) 3:::0 en .... )10m - m ID a. ... ... :::Sc Z '"' '"' l!i ...¡ fIO 0 tn ~, fIO $ !,) , . .... fIO en 0> .... . .¡-i 01 01 01 tn tn . 01 01 I..g.. "" < fIO I !!I , .... . , , I 0 I , , , , ..... .......... I.. ........ .... ~ fIO ... ~t! I\) .... ... I . , 01 , I J , , . , , ..... z ::0 m z I]~ N :;u ...¡ z , , , , , , , c 0 , , , , , , I· cr. , I ...¡ ........ )Io¡ ......... :::s.:::S -.D , , , , , , $. , I~ , , I I , I ....~ , .... 1111 ...... ....... D ......... i:x: . fIO ... .... I ¡to I I I I I\) ....... is fIO 0 $ . :::s I\) ~ ..~ 01 0 CD ..... "0 .. It I , , , ... , ::F I I , , , I I 0 '¥t...., 0 (C 01 '< . i 5? .. ...... C:::S I I I , , , tS.·cg I , , .... . fIO ~.. a CD c 01 0 III /5""/ðY ."._--~--_._"------------"-'-'--"-~-"- o~ o -. 330 -cli)O II) 0- c ... ::;, -·0 .... (11::;,,< 0..< ::;,...< 00 -. -Q, ::T"T1CD II) CD ~CD en '1J~ 0>.... cell) ( ) 0 I\)::T 3 CD ::;, .. -to. PROPOSED FEES ANIMAL CONTROL SHELTER A.iL.ICENSES Current Proposed # of Licenses Projected New Fee Fee in FY 99-00 Revenue 1 Yr. Altered $9.00 $12.00 1,900 $5,850 2 Yr. Altered 12.00 Eliminate 3 Yr. Altered 14.00 23.00 1,000 9,000 1 Yr. Unaltered 18.00 25.00 800 5,600 2 Yr. Unaltered 24.00 Eliminate 3 Yr. Unaltered 28.00 50.00 300 6,600 Puppy 8.00 No change Late Fee 3.00 5.00 5% Adjustment 50 (1,353) Net Total 4,050 $25,000 Approximately 4,500 licenses are issued annually by the City. The annual cost of the licensing program is $92,167 of which the City receives offsetting revenue from the issuance of licenses in the amount of $61,000. Staff is recommending an increase to the existing licensing fee schedule to recover most of the annual cost of the program. Licensing services include the issuance of the license, monitoring and maintenance of the database which enables animal control staff to continue reunification services to pets and their owners. The increase in fees will generate an additional $25,000 in revenue. As a result, the annual program cost of $92,167 will be offset by approximately $86,000 in revenues for a net cost of $6,167. Current licensing fees for altered are proposed to be increased by $3.00 for the first year altered license and $9.00 for the three year altered license. Staff believes the discount offered for purchase of a three year license will encourage owners to license their pets for longer terms. The second year license is proposed to be eliminated since it is infrequently used and therefore, not cost effective. In addition, unaltered fees are recommended to increase by $7.00 for a one-year license and $22.00 for a three-year license. These fees are set at a higher rate as an incentive for pet owners to spay and neuter animals. The second year unaltered license is proposed to be eliminated. In addition, the puppy license which is rarely purchased is proposed to be eliminated. /~~/7 :( BW Current Proposed Est. # of Total Fee Fee Impounds in Projected FY 99-00 Revenue DogslCats 1St Impound $20.00 $25.00 655 $3,275 2na Impound 40.00 45.00 200 1,000 3ra Impound 60.00 65.00 100 500 ExoticlLivestock 20.00 30.00 5 50 BirdslPoultry 20.00 No change Reptiles 20.00 No change RodentslRabbits 20.00 No change Total $4,825 Impound and boarding costs per day - Currently the shelter charges an impound fee and boarding costs per day per animals kept at the shelter. The existing impound and boarding charges vary depending on the type of animals housed at the shelter. The fee varies according to the amount of time expended by an animal control officer, kennel attendant and admin office assistant in processing and caring for the animal. For example, the care and feeding of a dog or cat is less expensive than the care and feeding of livestock. In addition, impound fees for dogs and cats escalate for repeat offenders. The average cost of impounding an animal is $68. The current fee is set at $20 with escalating amounts in increments of $20 for second and third impounds. Staff proposes a $5.00 increase be applied to all current fees with exception of birdslpoultry, reptiles and rodentslrabbits, which are proposed to remain the same. In comparison to dogs and cats and exotic livestock, these animals require less space, staff time and food products. C. Board (Per Day) Current Proposed Est. # of Projected New Fee Fee Boards Revenue Dogs & Cats $5.00 $6.00 1,000 $1,000 Livestock 5.00 10.00 8 40 Other Small Animals 5.00 No change Total $1,040 In addition to impound fees, the animal shelter currently charges a per day board fee for dogs and cats, livestock and other small animals. The current fee is $5.00. The actual cost to provide the service is $41.00. Increasing the current fee to recover full cost of boarding per day is excessive and discourages owners from claiming their pets. Therefore, the board per day fees are proposed to increase by $1.00 for dogs and cats JÝ~CJ Attachment 2 Page 2 and $5.00 for livestock. The board per day fee for other small animals is proposed to remain the same. D. . . OWNERRELINQuilStlMI!NTS Est. Dogs & Cats Current Proposed #of Projected New Fee Fee Relinquishments Revenues @ shelter wI license $5.00 $15.00 1,575 $15,570 @ shelter wlo license 15.00 20.00 ·UTD UTD @ shelter for euthanasia 5.00 15.00 UTD UTD Litter 5.00 15.00 UTD UTD Exotic/livestock 5.00 15.00 UTD UTD Other small animals 5.00 No change In field Relinquishments 25.00 35.00 5 % Adjustment (75) (750) Net Total $15,000 ·UTD - Unable to Determine Owner Relinquishment - Beginning July 1, 1999, legislation (SB 1785) will require shelters to hold relinquishments for a minimum of three business days regardless of their adoptability. This places a requirement to hold and care for not only the healthy, young adoptable animals; but, also the older, sick and even aggressive animals for three business days. In order to encourage pet owners to properly relinquish their animals, staff is proposing that relinquishment fees remain low. The current fee for relinquishment of dogs and cats is $5.00 with license and $15.00 without. Staff proposes the current fees be increased by $10.00 to help offset some of the cost of providing this service. The increase will help recover the disposal cost and associated supplies used in the euthanasia process. Other small animals are proposed to remain at the same current fee of $5.00. Animals relinquished in the field as proposed to those brought into the shelter by the pet owner will increase by $10.00 to help offset the cost of the officers' time in retrieving and transporting the animal to the animal shelter. Euthanasia services will be provided for $15.00 which is $10.00 more than the current fee of $5.00. /Þ02/ Attachment 2 Page 3 E;.YA(;(;INATIQNS..(Dog iiJ,Catlli()I1IY) Current Propollied Ellit. # of Projected New Fee Fee Vaccinationlli Revenue FVRCPIDHLPP 0 $3.00 655 $1 ,965 Rabies 0 5.00 655 3,275 Total $5,240 Vaccinations (Dogs and Cats only) -In an effort to protect shelter animals and control the outbreak of disease, shelter staff currently vaccinates all cats and dogs on entry. Two vaccines are currently provided: ;,. FVRCP - Is a 4 in 1 feline vaccine which protects cats from Rhinotracheitis, Callci, Panleukopenia, Chlamydia Psittaci disease. These are the most common contagious diseases cats contract in this area so we vaccinate all cats on entry to provide them with initial protection. ;,. DHLPP - Is a 5 in 1 canine vaccine which protects dogs against the common contagious diseases of Distemper, Adenovirus Type 2, Leptospira Canicola. Icterophaemorrhagiae, Parainfluenza and Parvovirus. All dogs receive this vaccine on entry to provide them with initial protection. There is a hard cost for each vaccine and a cost for the animal control officer or attendant's time to vaccinate the animal. Vaccines routinely cost the public at least $6.00 (at a vaccine clinic) and $8.50 and upwards to $30.00 at regular veterinarian offices. Currently, the shelter is providing a free service to the public by not charging for these vaccines. Staff recommends the implementation of a new fee to recover the cost associated with vaccinations given to pets in addition to a new fee for rabies vaccinations. By law all dogs over the age of 4 months must receive a rabies vaccination. Prior to the issuance of an animal control license. F. VETERINARIAN FEES Est. Total Current Proposed % of Animals Projected Fee Fee Examined by Vet Revenues Exam 0 $10.00 10% $650 Daily Medication 0 Per Day 2.00 10% 260 Total $910 Veterinarian Fees - Animal control facilities are required to provide all animals veterinarian treatment while boarded. On site veterinarian services were added as part of shelter enhancements adopted on July 15, 1997. The City currently pays for an on- site veterinarian at an hourly rate of $40 to care for the animals five days per week. All /.5> ~ :z Attachment 2 Page 4 animals are examined by the veterinarian at least once while boarded at the shelter. Additionally, sick and injured animals are examined and treated by veterinarian staff as needed. Staff proposes the implementation of veterinarian fees to recover City costs for providing specialized care to these animals. The proposed $10.00 veterinarian fee would be charged only as an initial exam fee for sick or injured animals and serve to defray associated costs for the caring and treating of these animals. Additionally, $2.00 per day will be charged for animals requiring daily medication. G. RETURNED TO OWNER (In Field Only) Est. # of Animals Current Proposed Returned to Total Projected Fee Fee Owner Revenues All Animals 0 $25.00 50 $ 1 ,250 Return to Owner (In Field Only) - Often animal control officers will capture an animal in the field. The officers will, in most cases, return the animal to the owner. Staff recommends the implementation of a return to owner fee of $25.00 after the second offense. The first return to the owner will be done as a courtesy. During the first return staff will provide the educational materials to aid the owner in caring for their pet. The fee will be used to discourage chronic violators and recover staff time spent on animal impounds in the field. H. TRANQUILIZED ANIMALS Current Proposed Est. #of Projected Fee Fee Tranquilized New Animals Revenues All Animals 0 $30.00 10 $300 Tranquilized Animals - Animal control staff often tranquilize animals in the field which are aggressive or a threat to public safety. A substance known as Telezol is used because it is a highly effective and a safe tranquilizer; although, very costly. Tranquilization requires special equipment and special training. Most dogs are tranquilized because of aggression and require more than one officer at the scene. Once the animal is taken to the shelter it requires close monitoring by kennel staff. This fee will recover some of the cost associated with tranquilizing an animal. I. HOME QUARANTINE Current Proposed Est. # of Home Projected New Fee Fee Quarantines Revenues All Animals 0 $30.00 90 $2,700 /~~3 Attachment 2 Page 5 ~-------_.._._-"--'--'--~""-'~-"'-'-- Home Quarantine - The animal shelter currently does not charge fees for home quarantines. Quarantines are mandated by state law and are currently done in home as a courtesy to the owner. Staff recommends a fee be charged for these services to recover the cost of providing the service. Quarantines are time consuming for all staff involved. An administrative office assistant or animal control officer must first take a report and enter the information into a data base. Follow-up calls and officer home site visits are required for the observation of the animal and provision of educational manuals to the owner. In addition, a quarantine form is required to be completed which includes a background check on the animal to investigate any prior occurrences requiring quarantine. If a victim is involved, animal control officers must also follow-up with the victim and provide them with educational materials. It costs the City approximately $158. The proposed home quarantine fee will partially recover the cost to provide quarantine services. J.PATHOL.OGY Current Proposed Est. # of Projected New Fee Fee Pathology Reports Revenues All 0 $45.00 1 $45 Animals Pathology -Pathology reports on humane cases are mandated in order to determine cause of death. Whereas Necropsy1 are free of charge, pathology reports are costly. Pathology is an examination of a dead animal's body to determine the cause of death. These exams are done at the County Veterinarian's office and there is a charge of $45.00. The Animal Shelter is required to investigate and enforce all State Anti Cruelty laws. When an animal has been neglected, beaten, poisoned or maliciously killed, we often have to ask that a pathology report be done to determine how the animal died in order to prosecute the case. Also, often we are asked by citizens to determine the cause of death for a pet when the pet died in a questionable manner. Staff proposes establishing a new fee to recover the cost of a pathology report from the owner when possible. K. Dal1gerouslDøg Current Proposed Est. # of Projected Fee Fee Dangerous New Dogs in Revenue FY 99-00 Dangerous dog or $50.00 potentially dangerous NC per year over & 1 $50 dog above reg license 1 Necropsy - an examination of a dead animal's brain tissue to determine whether the rabies virus is present. This exam is only done on biter dogs, cats or other mammals which are known rabies carriers. This exam is required by law and is done at the County Veterinarian's office at no charge to the City. /.,p/' ,21 Attachment 2 Page 6 Potentially DangerousNicious Dogs - Legislation (Chapter 9 of Fd & Agr 31601) enacted in 1989, allows local agencies to charge an additional registration fee for a dangerous/vicious dog. This is a statewide regulation to protect the public from the threat posed by vicious and potentially dangerous dogs. Potentially dangerous dogs are defined as follows: a) Any dog which when provoked on two separate occasions within the prior 36- month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury. b) Any dog which when unprovoked bites a person causing a less severe injury than as defined in Section 1604. c) Any dog which when unprovoked on two separate occasions within the prior 36- month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. L..S1'IEI..1"ER ADOPTIONS Est. # of Current Proposed Adoptions Projected New Fee Fee in FY 99-00 Revenue SIN Dogs $5.00 $50.00 175 $7,875 SIN Cats 5.00 40.00 80 2,800 UN SIN Dogs 5.00 30.00 500 10,000 UN SIN Cats 5.00 30.00 300 7,500 SIN Rabbits 5.00 No change Minimal 50 Un SIN Rabbits 5.00 25.00 Other small animals 5.00 No change Minimal Livestock 5.00 30.00 Minimal 25 SIN Deposit (Refundable 100 Male Cat 12.00 40.00* (2,800) Female Cat 20.00 40.00* (2,000) All Dogs 25.00 40.00* (4,200) *Mandated by State Law for unspayed or neutered dogs and cats Net Total I $28,200 M. OFFSITEADOPTIONS Current Proposed Payment To Non-Profit Projected Fee Fee Agency Revenue Dogs 0 $50.00 $35.00 $1,700 Cats 0 40.00 22.00 1,100 Rabbits 0 30.00 25.00 1,200 Total $4,000 / S -- ..2,.5 Attachment 2 Page 7 Adoptions -The proposed adoption fees recover staff's time associated with the adoption of animals and adoption programs. The fees suggested below are reasonable and comparable to fees charged by other agencies. Based on the experience of other agencies, staff does not believe the increase in the adoption fee will discourage adoptions. New Program and Fees The goal of the adoption program is to place animals into permanent, responsible homes. Staff is proposing implementation of the following adoption programs which will increase the number of adoptions. Off-Site Adoption Program - One way to increase adoptions is through an "Off Site" adoption program. The City has several unique opportunities to make more animals available for adoption through a cooperative program with Petco and PetS mart. Both of these companies will accept spayed and neutered cats from the shelter for adoption at their stores. There is no charge for the service, the only condition is that pets be spayed or neutered. Their staff is trained to counsel potential adopters and process adoption paperwork. For dogs, staff has several opportunities each year to participate in "Adopt-A-Thons" at local businesses such as Walmart, PetS mart, and Saturn dealerships. In addition to a large annual adoption weekend at the Del Mar Fairgrounds and several other locations throughout the county. These events are successful in helping shelters get the necessary exposure needed to increase public interest and "display" the adoptable pets. Again, the only condition at these events is that the animals be spayed or neutered. Spay and neutering of animals is an expensive process. The fees charged by veterinarians vary depending on the size of the animals. As a result, staff is recommending the use of non-profit organization as a cost-effective solution. Pets Welfare Foundation of Chula Vista is a non profit organization established to be a support group for the animal shelter. There goal is to help us increase adoptions. decrease euthanasia and implement a progressive volunteer program. They are interested in helping shelter staff implement an active off site adoption program by spay and neutering pets so they are eligible for the off site adoption programs. The foundation will take eligible unaltered animals and have them altered at a private veterinarian. The City will reimburse the non-profit agency for the cost of a spaylneuter from proceeds from the sale of an animal at the altered rate. This is the most cost effective method to spaylneuter pets eligible for adoption at off-site locations. All off site programs require spay and neutering of pets before acceptance. The payment for this service to PETS Welfare will be $22.00 for cats and $35.00 for dogs. In addition to dogs and cats, rabbits are often requested at off-site locations. The House Rabbit Society is a private, non profit rescue agency which has agreed to spay and neuter rabbits for $25. Rabbits would be sold at the altered rate of $30 in order to pay House Rabbit Society for $25 for spay/neutering. /Þ'--..2J Attachment 2 Page 8 Senior Adoption Program Staff is proposing the implementation of a Senior Adoption Program. The goal is to put seniors and companion pets together. Seniors over the age of 60 would be allowed to adopt a spay or neutered pet over the age of 3 for $25 (half price). Pets over 3 years of age are better companions for seniors. They are usually housebroken, more settled and easier to handle. Senior homes usually provide a stable, secure home for animals. We believe the revenues generated by this program will be minimal, however, increased adoptions would be a benefit. Other Programs Other programs are currently in the development stage. Upon completion of the new animal control shelter, staff believes it will be in a better position to implement a microchip program, and potentially a retail center for the provision of animal goods. As these programs are further defined and developed, staff will return to Council with the recommendation. [J:\usnadminlscsla 113slsheldump.doc] /5~~? Attachment 2 Page 9 Attachment 3 SPAY NEUTER ACTION PROJECT 14781 Pomerado Road, No. 193 Poway, CA 92064 (619) 525-3047 April 1, 1999 To Whom It May Concern, The SNAP Board of Directors is wTttmg in support of the proposed adoption fee increases at Chula Vista Animal Control. The new fees are very reasonable and are more in line with existing adoption fees charged by other shelters and rescue organizations in San Diego County. Additionally, higher fees will help to defray shelter costs, will help to educate people regarding the costs to properly care for pets and will help to set a standard that pets have value and deserve a lifetime commitment. Sincerely, .' ,.~: ¿'''/frA' //}d(f~'~~¿"N'-'- Cé'-#¿%Ûcx.. ¿.-£. Candace A. Schumann Co-Founder and Director /5/~~ There's a Simple Solution to Pet Overpopulation. Prevent the Births. . . Stop the Killing. @ Prl"t~d 0.. recycled papn'. Attachment 3 The Fund for Indigent Animals P.O. Box 2574 Spring VaHey, CA 91979 466-0426 Chula Vista City Council, The Fund for Indigent Animals is a non profit, animal rescue agency which has been active in San Diego for over 15 years. We concentrate our efforts on finding homes for shelter animals and assisting the shelters in providing medical care for sick or injured animals so they may be more adoptable. Over the years we have helped hundreds of shelter pets find new homes. Our agency is aware of the new proposed fees that the Chula Vista animal shelter has recommended to you, and wish to express our complete support of these new fees. We feel this is a very reasonable and responsible increase, and is as beneficial to the pets of Chula Vista as it is to the owners. Sincerely, {J~~f)~ Penny Adams, President Fund for Indigent Animals l /3'" ;2..; Attachment 3 MgRCY CRUSADs, INC. AN !MAL 'W ÇLÇARfORGANIZA TION ChuIa VIIeI CIIy CouncI; MRy c..... would .. to..... our support at the propcud anim811he1ter 1M iI'.cnM... We fwt the ~ t'MI .... very *lCnabl. and ~ ~ . gfMt help to the Ih4IItM and to all the anmaltl Nt .,.. carwd for In lilt r.cIlty. WeItrOngIy belieVe in the Irnpor't..-œ 41pp1ying ~ry velut to the pets adoptett and claimed from the 1heItet. It is imperative that the ..... Itf'Petu.tIt . positive n-.~ to the ÛIIC ~ the WIllie of oonlpllliOn anilTlllt Without. monMary commitment ,..,. it rereIy eny other commitment made to the aniInIIt. Tilt higher .. will ellO help aft.... the high COlt of c:arinO for the niter ani",.. In todaya ~ economy, the only IMpOntible appI'(*h to obtaining more rIIOUmII for the eheIter it to .. the ~ to be *POftllblt for 101M of the COlt. We thank the ChuIa Vi_ Animal Shelter for recommending theM prog...w. chtnlJll -10Ý\~ ~I''''\~~,~ .(D\I'"~~>f" JyJ¡¿ ele-~7B-17A5/ P.O. Box 17784/SAN DIEGO, CALIFORNIA nl'? R.o¡¡;,"Cl..,~ P.par to 39~d ~ÞLI8L~6¡9 16:~~ 8661¡~~/~¡ ,_~.__...._,.._~ _.·m._~·· ._.__.... 04/08/99 1~:29 PI D·" hard of Di~ H~~_ ~_t U...... AIIIIog _-Pro_ JVl j1h C__d T,..,.",.,. Cori. DI-' S.......ry Ro(iehkw JUI'IIIICdh s...,eM ~ynl- Ihmice Frildfnln E'II~" Grunnebeck N.nu,_ Pog" _I CIItt!__ II..... ROId AIon _ DonI. Winn ~:utlve Dindðr 11011".. Grnne fOCM Prni_. Adopllan E~ 8...... ~ C......... Foohr P"'I rIIII ~InoryAId Adopllon.nd."""""", Aid -..U~ IIr..d R-. _!I'VoIUllloon PwIi,A-. U760 634 8131 BARBARA GREENE . __._~O~_ Attachment 3 FI';ends 01 County AnilJJlll Shelters Post Office Box 8375, La Jolla, CA 92038-8375 (619) 585-3536, Fax: (760) 634-8131, E-flifBII:bg.fDcas@juno,com Internet address: www.focas-sandíego.org April 8, 1999 To Whom It May Concern: FOCAS, Friends of County Animal Shelters, ~he!i to offer support to the Chula Vista Animal Shelter on their new fee proposal As a large shelter support organization, we know and understand the importance of assigning monetary value to the animals that are adopted and claimed frum shelters. We also understand the need to help defray shelter costs which can ultimately provide the shelter with more resources to better care for the animals. We believe that this proposed fee schedule is much more responsible to the pets of Chula Vista and will be a beneficial tool ror educating both new and expert owners on the issues of pet responsibility. FOCAS applauds the efforts of the City Council and the Animal Shelter to make their fees more practical and proportional Sincerely, r;; ~~ Barbara Greene Executive Director FOC:AS was incorporate<! In 1987 as a non-pl1Jlil, volunteer organization committed 10 a strong adgption program fQr the many lost an~ ab8ndoned animal. at the three public shellers cporated by the SIIn Diego County Department of Animal Control. /.Þ/ J/ Apr-09-99 02:22P DAILY CALIFORNIAN 619 447 6496 P.Ol Attachment 3 PETS WELFARE FOUNDATION OF Chula Vista P.O. Box 2534, Chula Vista, Ca 91912 April 9, ]999 To Whom It May Concern: The Pets Welfare Foundation of Chula Vista is supportive of the new fees proposed by the Chula Vista Animal Shelter. The proposed fees are practical and do not present a haxdship for the citizens of Chula Vista. They do however put the responsibility back on the owners of animals, which end up at shelters. The increase adoption fees are also very responsible and an excellent tool with which to educate the public about the value of pets and the commitment that must be made to each new pet. The Pets Welfare Foundation ofChula Vista was fO\U1ded by a group ofChula Vista citizens concerned about the condition of the animal shelter and the welfare of our local lost and abandoned animals. Our purpose is to provide support to the shelter and to help animals through adoption and volunteer programs. We believe this new fee schedule is a progressive step that benefits the animals, the shelter and the citizens ofChula Vista. :~106 - ~ JoAnnD'Aquila ~ President /~ J¡;}.. " , "" ~ " COUNCIL AGENDA STATEMENT Item / ? Meeting Date 5/18/99 ITEM TITLE: Resolution / r 7' t 3 Approving Real1ocation Policy SUBMITTED BY: Deputy City ManagerG V REVIEWED BY: City Manager a Graffiti Eradication Budget (4/5ths Vote: Yes_NolU The purpose of this policy is to provide a positive financial incentive and reinforcement through peer pressure to help reduce and stop graffiti. RECOMMENDATION: That Council adopt the policy. BOARDS AND COMMISSIONS RECOMMENDATIONS: NIA BACKGROUND: The genesis oftms policy dates back to 1994 and a concept initiated by then City Councilmember Len Moore. The idea was discussed in conjunction with the FY 1993-94 budget deliberations and the subject ofa budget supplemental report by staff(see attached) but never implemented. The City would like to re-initiate the effort under the auspices of Mr. Moore as a volunteer lead person assigned to the City Manager's office. DISCUSSION: The City spends a great deal of time, money and effort to paint out graffiti as wel1 as requiring private businesses to eradicate graffiti. We also exercise enforcement efforts through the Police Department to catch graffiti perpetrators in the act of doing graffiti, Very little effort is spent however on eradication and graffiti prevention. This policy is an attempt to prevent and reduce graffiti by presenting an alternate "carrot" reward approach. If graffiti is measurably reduced, then the actual dol1ars saved in eradication and enforcement would be translated into recreation programs or activities desired by youth that are not currently provided, or are not adequately provided. The key to the success of such a proposal will be to first infonn and educate the youth through an outreach program at the schools, then to engage them to stop or cause others to stop graffiti, to agree on what would be desirable expenditure of any savings, to be able to document the savings, and to be ready to implement programs or activities expeditiously. The first step is the one before the Council this evening, to fonnalize a policy statement. The second step will be for Mr. Moore to develop a flyer and handout and begin marketing the concept through the school system over the next several months. The third step wi1l be for staff It,.;/ --.----...-----.-,... - ~--_..__.. .- --..--------.-- by September to do a detailed analysis of our current graffiti program and budget and develop program guidelines and specifics as to the City's participation and implementation strategies. The program would be brought back to Council for approval. Actual savings levels would be examined after about a six month period or in January, 2000 and recommendations returned to Council. The City staff effort obviously involves a number of departments including Public Works, Planning & Building, Library and Recreation, Police, Community Development, City Manager and City Attorney and the Public Information Coordinator. On the volunteer level, there would be involvement of a number of possible agencies and organizations. First, of course, would be the lead efforts of Mr. Moore. Second, the Police Activities League has agreed to be a coordinator for information on identifying youth recreation needs and making program or facility recommendations to the City. The business community, through the Chamber of Commerce, would likely be involved. The Chula Vista Elementary School District and the Sweetwater Union High School District wi1l be key. Other graffiti involved agencies may also be asked to participate with suggestions or financial assistance including Pacific Waste Services, SDG&E, Pacific Bel1, Cox Cable and CALTRANS. The policy is intended to set the framework for the efforts ahead and show the commitment and support of the Mayor and Council for the overal1 effort. This is intended to be a long term endeavor over a multi-year period. FISCAL IMPACT: The fiscal impact of this policy and eventual program is undefined at this point and subj ect to further definition and delineation. The objective is to have no net general fund impact but rather to redirect monies currently being spent on graffiti eradication and enforcement to alternative positive recreation programs and facilities. Attachments: Minutes of June 7, 1994 Council Meeting (Page 15) Supplemental Budget Report #43 dated June 13, 1994 Draft Council Policy (Graffiti Eradication Budget - Real1ocation) /¿~2 RESOLUTION NO. ) 9Jft3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRAFFITI ERADICATION BUDGET REALLOCATION POLICY WHEREAS, the City spends a great effort to paint out graffiti as well businesses to eradicate graffiti; and deal of time, money and as requiring private WHEREAS, the City also exercises enforcement efforts through the Police Department to catch graffiti perpetrators in the act of doing graffiti; and positive pressure WHEREAS, the purpose of this policy is financial incentive and reinforcement to help reduce and stop graffiti; and to provide a through peer WHEREAS, if graffiti is measurably reduced, then the actual dollars saved in eradication and enforcement would e translated into recreation programs or activities desired by youth and not currently provided. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the attached Graffiti Eradication Budget Reallocation Policy. Presented by Approved as to form by George Krempl, Deputy city Manager H:\home\attorney\reso\graffiti.pol /þ -" ;1 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GRAFFITI ERADICATION BUDGET- POLICY EFFECTIVE REALLOCATION NUMBER DATE PAGE 05-25-99 1 of 1 ADOPTED BY: Resolution No. I DATED: 05-25-99 BACKGROUND The City spends a great deal of time, effort and money trying to enforce a reduction in graffiti and paiuting out or requiring private property owners to paint out graffiti. PURPOSE The purpose of establishing this policy is to provide a positive financial incentive and reinforcement through peer pressure to stop graffiti. The preIIÙse is that the best and possibly only way to make a major reduction in graffiti is to demonstrate to taggers as well as peers that there can be real benefits back to them bv reducing graffiti. POLICY It shall be the policy of the City of Chula Vista that a graffiti reduction program be developed in accordance with the following policy statements: I. Using FY 99/00 as the base year, any savings in graffiti eradication costs (personnel, supplies and equipment) that can be attributed to a reduction in the amount of graffiti eradication required would be earmarked for youth activities. 2. City staff are to develop a fonnulalprocess for determining the base year expenditures from which "savings" will be calculated and a means for determining the actual savings achieved in subsequent fiscal years. 3. The program/facilities to which funds will be allocated should confonn to the following criteria: (a) Shall generally not be a duplication of other programs provided by the City, School Districts, YMCA, Boys & Girls Club, etc. (b) Both the youth and an oversight governing body, the Police Activities League, should mutually agree as to program/facility proposals, which the City would be requested to implement. (c) Must be used in established and mutually agreed priority. (d) May be used for liability insurance and/or supplement City insurance programs. 4. A potential listing of programs/facilities IIÙght include such suggestions as: Teen club(s); Skateboard/Roller Blade Park: Art Classes; After School Programs, etc. Joint use of private/public facilities could also be an asset. 5. The graffiti eradication program alternative would be promoted and encouraged via cooperation, promotional material and outreach efforts with both the Chula Vista Elementary and Sweetwater Union High School Districts. 6. This policy is to be a long-range program to demonstrate continuity and sincere concern in reducing graffiti and allocate savings to recreation programs not routinely funded, or underfunded, and which have extensive youth involvement in their fonnulation. /¿-¥ I l t I :1"... ...-c--' " ¡-, r.' !: í t r . r. ,. . , , .. -.'.' II~:.) , "', Bi' fii~' Ii I~" :~~: ~ ·~~t· " .,'. :' ",µc Ø-Î.:' ~:. it,: fe! ·i . . . -:-;.- ..!i~ . '~..:;. ~:~ ,_J.,. .. Minutes June 7. 1994 Page 15 25. COUNCIL COMMENTS Councilmember Horton a. Service Station refueling service for disabled persoos. Councilmember Horton stated sbe bad been contacted by members of the community that were disahled complaining about the problem. Their concern dealt with being able to find service stations that would service disabled members of the community. She questioned what the City could do to belp provide that service. Mr. Boogaard recommended that staff input be obtained regarding contacting all service stations. He felt the service station operators should be invited to a conununity meeting wh~re staff could explain the concerns and try to develop a consensus on bow to deal with the issue. He felt staff needed more information on the scope of the problem, have a meeting with the operators, and report back to Council with recommendations. Mayor Nader stated be brougbt the issue up to Council in 1987. Researcb had indicated that the law allowed a local entity to do the enforcement of the State law. At that time, the City Attorney was directed to send out a letter on the premise that tbere were operators that were unaware of their obligations under State law and the complaints seemed to drop off after that. '. . Mr. Boogaard stated staff could sc:nd letters to the op~~ators. hut sugg~tèd that the businc:ss license division would be better equipped to send out the letter, Mayor Nader felt it would be appropriate if the letter came from the City Attorney as he was authorized to enforce tbe law. Couocilmember Moore felt a copy of the Statute should be included with the letter. He questioned if a public meeting would be beneficial. Mr. Boogaard stated the letter could include the option of a meeting aod if there was a significant level of interest in response to the letter he would send out a second letter inviting them to a meeting. Councilmemher Moore b. Graffiti Eradication Budget-Reallocation' Recommend Council Approval. Councilmember Moore stated the item had heen before Council previously, but direètion had b""n unclear. His proposal provided necessary clarification and would provide a Council policý. .. MSC (MooreIHorton) to approve the recommendation to: I) Council initiate action to fonnulate ~ Council policy; 2) bring back the policy and supplem~ntal report to Council not later than the first week in August. Approv~d unanimously. * * * Councilmember Fox arri\'t~d at 5:58 p.m. * * * c. . Economic Incentive Policy for Basiness Expansion - Recommend Council Approval. J\IS (Moor~lNad~r) to approv~ th~ recllmm~ndatilln in concept and direct th~ City Manag~r to d~v~lop a City policy. . . Mayor Nader re.quested that the City Manager incorporate into the response to the motion. the n:port that was done for Community Devdopment and suhmitted to the Economic Devdopment Manager and the EDC involving a labor study and recommendations on types of businessèS that would provide jobs for those that needed them in the community. He fdt it could he at guide for husinesses the City should he targeting for recruitment, retention and expansion. /1. ---5 June 13, 1994 SUPPLEMENTAL BUDGET REPORT ;..)3 TO: FROM: Honorable Mayor and City Council John D. Goss, City Manager r Kenneth G. Larsen, C.B.O., Director of Building and Housing VIA: SUBJECT: GRAFFITI ERADICATION BUDGET - REALLOCATION PROGRAM Staff has performed a preliminary review of the Council's directive to examine a program oriented to reallocate graffiti eradication funds for diversion into community oriented youth programs (See Attachment A). Staff fully supports Councilman Moore's proposal as meritorious with incentives for youth to exercise positive peer pressure to reduce graffiti vandalism and to participate in rapid eradication of graffiti. Given the Council's acceptance and direction to administer the Graffiti Eradication Program presented to Council on May 17, 1994, a reduction of Citywide graffiti is projected to occur over the next several years. Hence, it is highly probable that a reallocation of graffiti funds to support community based youth activities could become a model of success for other cities to consider. 1. ESTABLISHING FY 1993-94 AS THE BENCHMARK YEAR: Specifically, the amount of revenue estimated to maintain the Graffiti Eradication Program for Citywide graffiti eradication is approximately $200,000. As Council is aware, this amount reflects a full cost recovery (FCR) rate as the cost of seNices in the event the City were directly billing for graffiti eradication services. The actual funding levels in 1993-94 for Graffiti Eradication are more closely projected at $128,000. This amount reflects the totals for materials ($24,000), transportation ($9,000), plus the salary and benefits of a percentage of a Public Works Supervisor, two FTE Public Works staff members assigned to graffiti eradication and the Graffiti Coordinator position within the Police Department ($95,000). Hence, under Councilman Moore's proposal for establishing 1993-94 as base year funding and implement a five to ten year program of graffiti fund savings earmarked for youth activities, this amount shall be set at $128,000. It. /& Supplemental Budget Report Graffiti Eradication Budget June 13, 1994 Page 2 2. SAVINGS FROM FY 1993-94 GRAFFITI FUNDING SOURCES: Unfortunately, for 1993-94 there were no remaining funds available from the two Graffiti Supplies Accounts (Public Works #1400-5305-Private & #1400-5306- Public) at the conclusion this fiscal year to establish the initial funding source. This amount is designated for the purchase of paint and materials for use by citizens for private property removal and for staff for public property abatement. 3. RECOMMENDATION - FIVE TO TEN YEAR PHASE-IN PROGRAM: To accomplish a funding mechanism for community based youth activities premised upon savings in graffiti eradication costs for the five to ten year phase- in, staff is proposing the following: A. An autonomous account entitled "Graffiti Savings" will be established for purposes of transferring savings of graffiti eradication revenue generated during the fiscal year. B. Establishment of an Oversight Committee headed by a highly visible public organization such as Police Athletic League (PAL) to promote the merits of the Graffiti Allocation Program throughout the community. C. Staff will provide quarterly assessments to the City Manager for transmittal to the City Council on costs and projected savings/deficit regarding the graffiti eradication funds. D. Staff will return to the City Council no later than the August 2, 1994 City Council Meeting with a detailed program analysis encompassing future funding levels via projected savings and a proposed allocation format for distribution to various youth organizations' Attachment: Memorandum from Councilman Moore, Dated 6/7/94 'Given the benchmark amount of $128,000 from 1993-94, the fund savings is anticipated to be from materials and supplies initially. In the event that graffiti activity is reduced from existing levels through the Graffiti Eradication Program over time, there would be more significant savings if some of the staffing could be reduced thereby causing the funds required for this expense to be transferred to the Graffiti Savings account. I¿, .- 7 -'-'---"---_..._--_._,-_...~--~_.... -"-"'..".---.-- '"-...-.- O'ly ofChuJa Wsla MEMORA.NDUM DATE: June 2, 1994 TO: Councilman Len Moore Ji ~~] FROM: John D. Goss, City Manager SUBJECT: Stairs Interpretaûon of Council's Acûon Regarding ~û Eradicaûon Budget Reallocation Program As you requested I am providing the following sununary ofstatrs interpretation ofCounciJ's 5/24/93 action related to your proposal for a Graffiti Eradication Reallocation Program. · Using FY 93/94 as the base year, any savings in graffiti eradication costs (personnel, supplies and equipment) that can be attributed to a reduction in the amount of graffiti eradication required would be eannarked for youth activities. · Staff is in the process of developing a fonnulalprocess for determining the base year expenditures from which "savings" will be calculated and a means for detennining the actual savings achieved in subsequent fiscal years. · Staff intends to return to Council later this sununerwith a report and reconunendation as to how the aforèmentioned fonnulalprocess could be implemented, It is staffs further understanding that you would like to have the Graffiû Eradication Reallocation Program fonnally presented as a budgetary policy. Staff will bring forward a Supplemental Budget Report presenting this policy for consideration prior to the adoption of the FY 94/95 budget. If you have any further questions please contact me. l¡n.ß'dÎ) cc: City Council . City Manager Ken Larsen Dave Byers /¿-~ June 7, 1994 ....... MEMO TO: The Honorable Mayor & City Council FROM: Councilman Leonard M, Moore SUBJECT: GRAFFITI ERADICATION BUDGET·REALLOCATION It is my considered opinion that the best and possibly the only way to make a major reduction In graffiti, Is to entice peer pressure. If peer pressure Is effective for Dlegal actions. why can It not be also effective for the good. In order to pursue this program, a funding source Is needed. The only one that can be reallocated. without adverse effect is the Graffiti Eradication Budget. The 'carror to stop graffrti is to use graffiti eradication saving toward something taggers can relate to. RECOMMENDATION: I respectfully request the Council initiate action to formulate a Council Policy similar to the following: A. The Chula Vista City Council direct the City Manager to Include In budgetary form via 1 gg4/95 budget supplemental report prior to final budget approval in June 1994, in order to commit all SAVINGS of the present graffiti eradication fund that can be contributed to reduction in graffiti, to our City youth via an approved oversight activity such as the Chula Vista Police Activity League, for a period of 5-10 years using 1993/94 as the base year. The program/facilities to which funds will be allocated must meet the following criteria: (1) Shall not be a duplication of other programs provided by the City, YMCA. Boys & Gins Club etc. (2) Both the youth and oversight govemlng body mutually agree as to program/facillty. (3) Must be used in ..~blished and mutually agreed priority. (4) May be used for liability Insurance andlor supplement City Insurance programs. B. The Chula Vista City Council direct the City Manager/CIty Attomey, to formulate a 'Council Policy' and submit to the City Council for approval based on Item 'A' above not later than the first Council meeting In August 1994. / C. A potential listing of programs/facllities Is suggested: Teen club(s), SkateboardlRoller Blade Pari<, Art Ciasses, Wrestling Programs. Joint use of prtvate/public facilities with fair share of equipment may be an asset. UI,,,. "'- /~-9 COUNCIL AGENDA STATEMENT Page 1, Item--.L.7 Meeting Date: 05/18/99 ITEM TITLE: IPf& f Resolution Approving the preliminary financing plan and proposed design for construction of the new animal care facility. SUBMITTED BY: Chief of Police ~ /'\\ ,) City Manage~~ ~ (4/5ths Vote: Yes_ NoXX) REVIEWED BY: This report will describe the proposed funding plan to be used in financing the new animal care facility and will provide Council with a status update on construction costs, project schedule, and design plans for the new animal care facility scheduled to be completed by July, 2000. RECOMMENDATION: That Council approve the preliminary financing plan and proposed design for construction of the new animal care facility. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On July 15, 1997, the City Council approved the construction of a new Animal Shelter and appropriated funds for the design and construction documents required to build the facility. Subsequently, the City purchased property in the Southwest Redevelopment Area at 4th Avenue and Beyer. On September 15, 1998, the City Council approved a contract with Sutro and Company for financial advisory services to assist in formulating and implementing a financing plan for the animal care facility and other capital improvement projects. On October 6, 1998, the City Council approved a contract with architectural firms Jackson and Ryan from Texas, and Eric Davy from San Diego for the design of the new animal shelter in south Chula Vista. Design of the new facility is nearing completion and construction is expected to begin later this year. On March 3, 1999, Council authorized staff to issue a Request for Proposal (RFP) to determine interest in leasing, developing and operating compatible businesses on the excess portion of the animal shelter site on an interim basis. Proposal submittals were due April 30, 1999 and as yet none have been received. Staff will work with Community Development to pursue locating an appropriate development. /7" / Page 2, Item_ Meeting Date: 05/18/99 DISCUSSION: Revised construction costs - The 1998 Capital Improvement Program Detail estimated $1,416,000 for construction. During the Architectural selection process, several of the competing firms indicated that this project was under budgeted. One of the most accomplished firms wrote in their proposal that "the budget seemed low" and based on their experience, projected costs were "unrealistic". In addressing the original estimates, City Staff from Building Construction indicated that original construction estimates produced in July 1997 were based upon a "Design Build" concept and land location had not been established. Staff contemplated that by using a "Design Build" approach, provisions could be made to help "Fast Track" this project. When this approach was presented to the City Attorneys office staff advised that the City Charter did not allow for a "Design Build" process. As a resulted staff had to proceed with traditional construction methods resulting in an increased construction cost of 20-25% and adding approximately six months to the project schedule. Original estimates also included basic design features with smaller landscape areas and included land estimates of 1.9 acres. Since the original estimates, the design features have been enhanced and the actual land acquisition was 2.84 acres thus increasing the original land costs by approximately $215,000 and related landscape costs. Additionally construction costs since the original estimate in 1997 have continued to increase at a rate of 2-3% per year. On November 6, 1998, Staff reviewed the first program data guidelines produced by Jackson and Ryan architects. The initial estimate for construction of the animal shelter that met all the specifications in the original RFP was approximately $2,526,000, approximately $1,000,000 over budgeted construction costs of $1 ,416,000. In an effort to reduce costs but still meet the needs of the City, staff met and worked with the architect during December and January to make modifications to the facility and complete schematics. The primary modifications included changes to the type of block material that will be used, make and type of kennels, building heating ventilation and air conditioning, heating for kennels that went from underground to overhead heating, and floor treatment. The combination of these modifications yielded savings that brought the project construction costs to $2,157,000, still $741,000 over budget. In February staff made additional modifications not only to the facility structure but also to the outside kennels. The interior modifications included removal of the EducationlConference room and proposed feed room, thereby reducing the structure by 640 square feet. Other modifications included elimination of cattery doors, modifying the kennel doors, eliminating three of the four proposed kennel kitchens, and reducing vehicle parking by half. Another set of schematic floor plans was produced with the revised modifications bringing the project construction costs to $1,916,000, still $500,000 over budget. /7-- ;L Page 3, Item Meeting Date: 05/18/99 The most significant drawbacks of making the modification proposed in the $1,916,00 facility include the following: 1. The reduction in square footage would require City employees to move outside the new facility into a permanent trailer. 2. The original RFP included an education room which would be used to present pet responsibility classes, conduct educational seminars for adults and children, conduct training for staff, volunteers and other local animal care professionals, and be used by the public for club meetings and other functions. The volunteers and other interested members of the public considered this room an important component of the new shelter because of the need to provide comprehensive educational programs to both children and adults. The Education/Conference room will enhance the opportunity to achieve the City's goals to decrease the number of animals euthanized, increase the number of animals adopted to good homes, improve and expand relations with other animal welfare groups, obtain a high percentage of licensed and altered pets in our city and ultimately drastically reduce if not eventually eliminate the number of animals being impounded at our shelter. 3. The kennel kitchen areas are small rooms at the end of each row of kennels in which there is a sink and where food bowls, food containers, food preparation equipment can be stored. The purpose of having these throughout the kennels is to reduce staff time and preparation time for feeding the animals. It provides staff a safe, private area in which to work without interfering with the public. The greatest problem in eliminating these areas is one of staffing. It is simply more labor intensive to have to prepare food in a separate area and then haul it throughout the kennel each day. The new proposed facility has four banks of kennels at a cost of $121,000 per bank; each bank containing 26 kennels. It has become apparent that bringing costs to within the budgeted amount would require cuts to the kennels of nearly 50% providing for 52 kennels. The existing facility has 64 kennels; a 50% cut would cause the new facility to have fewer kennels than our existing facility. In addition to a reduction in kennels, staff would also have to propose other significant cuts to the main structure of the facility. Construction Supervisor Dick Thompson believes the proposed new animal care facility at a cost of $2,157,000 is at the lower end of per footage cost as compared to other city projects. Staff is confident that construction of the facility can be successfully completed at a cost of $2.1 million that would include a 10% contingency and necessary furnishings. Staff has submitted the necessary adjustments to the 1999 Capital Improvement Program and is formulating a business plan to supplement future funding. Staff is prepared to phase in the fourth bank kennels if necessary to avoid future cost overruns. /7~ Page 4, Item_ Meeting Date: 05/18/99 Revised project schedule - Staff estimates construction to begin in October of 1999 with completion of the animal shelter by July 2000 and has included a revised project schedule (Attachment A). Although the project will be delayed, recent public sentiment has been very favorable. On March 31, 1999 representatives of the community and the Pets Welfare Foundation attended a community forum unveiling the design plans for the animal shelter. Those present were informed of the revised project completion date and voiced little concern of the delay. An article entitled "Design plans for Chula Vista animal shelter draw praise" appeared in the Union Tribune on April 2, 1999 and a similar article entitled "Animal shelter gets high marks from watch dogs" appeared in the Chula Vista Stars-News on April 3, 1999. The following is a list of issues that have contributed to the delay and revised project schedule: Revised Cost Estimates - As discussed above, budget considerations required several meetings as well as repeated designing efforts and cost estimates. Request for Proposal (RFP) - At the direction of City Administration, an RFP was drafted to solicit proposals for the utilization of vacant land adjacent to the animal shelter site. Staff time has been extended to coordinate with other departments and review the process of the proposals and selection of potential clients. Traditional Construction Method - As discussed above staff was unable to proceed with a "Design Build" concept, therefore adding approximately six months to the project schedule. Key staff changes - The Police Department had a change in the position of project manager as a result of a retirement. Some orientation to the project and formal City process was necessary for the new project manager and resulted in minor delays. Coordinated Architectural Services - There are two architects working on this project, Jackson and Ryan from Texas, and Eric Davy from San Diego. There was a significant benefit for the project and the City to merge these two firms. As a result of the merger, some coordination and minor time delays have occurred; however, the delays are minor in comparison to the benefit of the merger. Potential revenue sources Business Plan - As a result of the increased cost estimate for the project, staff has been exploring and reviewing other sources of revenue to help offset construction and operating costs associated with the animal shelter. Staff is working towards developing a business plan toward that effort. /7-~ Page 5, Item_ Meeting Date: 05/18/99 Additional contract services - Administrative staff from the City of Imperial Beach have expressed a desire to re-establish animal care services from the City. Staff is reviewing the terms of such a contract. Land Lease Request for Proposal (RFP) - An RFP was drafted to solicit proposals for the utilization of vacant land adjacent to the animal shelter site. The shelter site has almost one acre of land which will be unused or underutilized for some time. It may be possible for the City to capitalize on the excess site area by determining if there are any compatible businesses or services interested in leasing, improving and using this property on an interim basis thereby providing an income stream for the City. In terms of estimating minimum revenue from lease of the vacant land at current rates in the area (approximately $.60 to $.80/square foot), the City could receive up to $34,000/year. Financing Plan - Attached is a preliminary Capital Improvement Program plan (Attachment C) for financing of the animal shelter project. The cost of the animal shelter project including land acquisition, design and construction cost is $3,025,000, additional costs of bond issuance and financing brings the project total to $4,108,351. A total of $860,000 from Development Impact Fee revenue has been appropriated to date for the purposes of architectural servicesldesign, land acquisition and general administration. Staff proposes to pay for the remaining project balance from the following sources: ~ Development Impact Fees (DIF) - The existing shelter site does not have the capacity to serve the City's projected population growth estimated at 277,000 at build-out. As a result, the animal shelter project is 48.5% DIF eligible. Staff recommends appropriation of $952,175 from DI F during FY 99-2000 Capital Improvement Budget deliberations. ~ Long-term Financing/Residential Construction Tax Funds (RCT) - The remaining City share of the project $1,179,350 is proposed to be financed over a 20- year period. The total cost including financing and bond issuance is estimated at $2,262,701. The long-term debt service payments on this amount are estimated to be between $112,000 and $114,000 annually. The proposed debt service payments are proposed to be paid for from residential construction tax funds. In an effort to minimize financing costs, staff is currently in the process of pulling together various projects (Corporation Yard and Library Automation) which may lower the actual cost of financing and bond issuance for this project. As the cost for all three projects becomes firm, staff will return to Council for approval of a detailed financing plan. /7-~ RELATED INFORMATION: Page 6, Item_ Meeting Date: 05/18/99 Senate Bill (SB) 1785 - A copy of Senate Bill 1785 was forwarded to the City Attorney's Office for a legal interpretation (Attachment B). As a result, it was the opinion of the City Attorney that the law changes appeared likely to have a fiscal impact on the construction and daily operation of the animal shelter. At this point the City's obligations under SB 1785 have not been fully translated into actual costs towards the construction and operation of the animal shelter. The primary changes include increased holding times for stray and relinquished animals, increased record keeping requirements and further obligations to reunite owners with their pets. Design Review Board - The Design Review Board meeting to evaluate completed plans was set for May 17,1999. FISCAL IMPACT: Costs associated with the animal shelter project are part of the City's Capital Improvement Budget CIP - GG158. The Capital Improvement Project describes the preliminary financing plan. Currently $860,000 has been appropriated from the Development Impact Fee's (DIF) towards the new animal care facility. Preliminary estimates show that an additional $2,165,000 will be necessary to complete the project. This cost is partially offset by the DIF making the City share of the project $1,179,350 plus $33,475 of in-kind services. The $1,179,350 City share of the project is recommended to be financed over twenty years thus incurring a financing cost of approximately $1,080,000. In an effort to minimize financing costs, staff will work with Sutro and Company in an effort to package other major Capital projects and will return to Council for approval of a detailed financing plan. Attachment A - Project Schedule Attachment B - City Attorney review of SB 1785 Attachment C - Financing plan AS A113 051299 /7'¡' ----,._----_._-------~-_.._-,--_._--_.". /I ~ ~ 0 0 ê f ~ ~ c ~ ,- ~ ~ ~ 0 0 ~ > - - .~ ; " ~ ~ ~ j 1 . · ;; ;; . - " 7- To < j , ~ c ¡ i = - ~ c i ~ -; , '! i ~ :t f . ~ > - ~ - g ~ , , > ~ ~ - õ ~ ~ õ - , ~ j - ~ '=' .,. z . < z õ ~ ! - , 0 - - , > è ~ , ." 0 õ ê "- 0 ~ > 0 { - z ~ 0 , · 0 ~ c 0 -g ? ] ¡ f. · ~ :? " ~ ª ~ ? " · , - ~ , " j z , 0 'j c c ~ ~ ~. f ! , - ~ ª ~ > s ~ ¡ . ! , ~ - - - "- 1 · > ~ .' ~ 'ª ~ > >- " ~ - c - " " Õ 3. Õ §.. ~ z ~ " " . " ~ ~ < " < < . . · · . ¡¡ · . ¡¡ , ~ ~ ~ ~ ~ § § - ~ ;¡ ~ ~ , " 5 < ~ ~ ~! ~ ~ ~ § § '> § § ~ § ;¡ ~ ~ ¡; ~ '> ~ > , ~ · · " " ;; ~ " ;¡ , . " · ¡; 0 , 0 0 " = t ~ 0 0 . " 0 ;; = 0' " " - - 0 - ~g- õ' . ~ §; . . · ~ ¡¡ · , . ~ ¡; " " < " " " · " " ::l¡;- ¡¡ ~ § ~ § § ~ § § § § . § . § § § § ~ ;¡ § ::; ~ ~ ~ :; ~ ~ ~ " > ~'-:O . · ~ ~ · " . " " " '~ j.. ..... .j 1 . I I .;11-11 ..- ~ ~ · J . I . J I g t J . . ~ ~ ~ > < 0 < < , . 0 ~ ,. , i ~ § ~ c " 0 " 0 " 0 c 0 " 0 , " 0 0 " 0 " , > " > ] > > > " > I . I ] , ,. " ~ > -. ; J I ! ~ g ~ ~ > , c , c c ~ ~ ,. , i ~ § c > ,. I c /?~ ;; ~ N ,.. ~ ~ " ~ ~ -------.---.-----.----...--.- · .., ¿j ~IEìVIORA~DUM CITY OF CHUL\ VISTA. OFFICE OF THE CITY A TTORi\EY To: From: Leonard Miranda, Captain If Elizabeth Wagner Hull, Deputy City Attorney 6 Re: Impact of SB 1785 on New Animal Shelter Date: December 7, 1998 5B 1785 amends a number ofstatutes relating to stray animals and the duties of pounds and shelters. This bill includes changes that increase the length of time an animal must be held before it may be euthanized: limits the circumstances under which an adoptable animal may be euthanized; and creates civil liability for failure to comply. Currently, statutes prescribe ¡he treatment private citizens must extend to stray animals they \'o[untarily pick up. Under SB 17S5 these requirements are extended to public and private animal shelters. Current Law Existing [aw provides that a stray dog or cat which is impounded must be held for T2 hours betore it may be killed. .-\dditioml[y, existing [aw requires public pounds and some shelters to provide owners and finders OtlOst animals with specitìed services to restore the lost animal to their owners. These requirements are not mandatory and do not create liability tor public entities or employees. 58 1785 Changes Through ¡his bil[ the legislature has declared it is a goal of the S¡a:e to reduce ¡he number of animals killed annua[ly and to end euthanasia ofanima[s by 2010. This bill also sets out the policy of the State that no adoptable animal should be euthanized and those sick animals who can be treated with reasonable effor1s and will then be adoptable should not be euthanized. It also criminalizes cer1ain behavior by owners and authorizes peace officers and animal control oftïcers to seize an animal under cmain conditions. This bill codifies existing case law to require animal control centers to conduct post seizure hearings. Three significant changes are in the areas of animal holding time, owner relinquished animals, and administrati\'e requirements. 1. Holding Time Effective Ju[y 1, 1999, the required period for holding a stray cat. dog, rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, tUr1le, or tOr1oise will be 6 business days. not including the day of impoundment. The holding period may be reduced to 4 business days plus the day of impoundment if(l) the animal was made available for owner redemption on one weekday evening until at leas! 7:00 p.m. or one weekend day; or (2) the shelter has fewer than 3 full-time employees. However, before killing the animal, the shelter must make it availab[e to any nonprofit animal adoption or rescue agency. The nonprofit may not be charged more than the standard adoption fee and a spay/neuter fee. During the period the animals must be held, -- /7/ Y" they are available for owner redemption tòr the first J days and then tòr adoption or owner redemption for the remaining time period. A feral cat (unsocialized cat) need only be held for J days and then after qualified personnel have determined it is a feral cat. it may be euthanized or released to an appropriate nonpro ti t agency. 2. Owner Relinquished Animals If an animal is relinquished by the owner to a shelter, the shelter must hold it for two full business days, not including the day of impoundment. It is not available for adoption until the second day. Effective July 1,2001, this section will require an animal relinquished by its owner to be held for the full 6 days. 3. Administrative Requirements SB 1785 also imposes a variety of obligations upon shelters regarding the reuniting of owners and pets. Specifically, shelters must provide the owners of lost animals and those who tind lost animals with all of the following: I. Ability to list the animal they have lost or found on "Lost and Found" listš ? Referrals to animals listed that may be the animals the owners or finders have lost or found Telephone ntlmbers and addresses of other shelters in the area Advice as to how to disseminate information about a lost animals Telephone numbers and addresses of\'olunteers who may assist in the search for an animal J. I ~. ). Shelter staff must also keep detailed records on all animals taken up. medicall\' treated. impounded or euthanized. These records must be maintained for 3 years. Support and Opposition This bill was suppo!1ed by a variety of animal rights groups including The Humane Society of the US, Friends of Animals. and The Cat and Dog Rescue Association. It was opposed by California Animal Control Directors Association. California Agricultural Commissioners and Sealers .'\ssociation, and the Ciiy of Los Angeles. The opponents were primarily concerned with the increased costs due to additional holding days and the additional record keeping obligations. Fiscal Impact Clearly, there will be fiscal impacts caused by the implementation of this bill. These costs may be divided into program costs and construction costs. Program costs are ¡hose requirements which may result in additional staff or operational changes. Depending on current or planned practices, the record keeping requirements and the owner/pet reuniting services may ha\e a financial impact. If the City does not currently conduct post seizure hearings, this requirement may result in increased program costs. The bill also indicates the State policy and preference for treatment of animals over euthanasia. ¡fthe City currently euthanizes animals instead of providing reasonable treatment this may also result in increased costs. --/?--9 ~ Construction costs are those requirements that will result !Tom design and build changes necessary to meet the additional requirements of 5B I 875 as it is implemented. Specifically, the additional holding days will require additional space, supplies and, potentially, staff. If[he City intends to treat the animals, design changes may be necessary in the medical treatment portion of the facility to provide sufficient space to adequately care for and treat the animals. The post seizure hearing and record keeping requirements may require changes to the design to provide appropriate space for these functions.. /7--/0 ._----------_._,_.~~_._-_._,- . -.,..--.----.-----,- 0 0 CD 0 CD .. 0 0 " " 0 0 0 ,;. M ..' ,¡ 0 - ~ " 0 ~ - 0 N 0 M > ~ ... M 0 Co " . ~ ~ 0. . 0 0 V 0 V '" '" 0 0 '" '" ..", V v m ~ 0 õ,.c N N N M · 0 - ~ 'C u 0 - - " ;; N 0 0 ~ ~ > m 0 M ... ;: ~ l; .!!! ~ · '3 ;; '" · 0 0 - 0 ~ 0 ~ .; N 0 0 '" '" m.o 9 '" '" '" .. ¿ '" - ,¡ ,¡ '" '" ~ 0 ~ - '" 0 .E 0 0 - ~ - ~ - " N 0 m ".0 m u :iË 0_ > - - 0. ~ ... ~ 0 !¡,.c ~Q.....i e .E j 0 0 '" 0 en ~U: - 0 0 V V g.ë 0 " " u ë. Ò N N W 0 - - . · 0 ~ - :i u N w Ö . · > ...J W 0 .; ... :c¡ "" 0: u 0 '" w cd? f- e " W w « .5;; 0 0 CD 0 N 0 C :t .. z ~- 0 0 0 "' " co " u....« :: C. 0 0 M 0 '" 0 " '" " '" Cl)a1:æ '" 0 0 ~ '< ~ 0 - "' '" ~ :¡; o " .;, - "' ai CO; Ñ .¿ Ò 0 0. M <t >::¡... U 0. '" N '" " '" '" - '" 0 <t c: ""....U m '" '< ~ en - - f- CI ""o:W W ;¡; - N Ñ 0 ~ !!2c Sex:. .... ~ > 0 0 ......0 0 ¡; u. >c: -Wo: 0.. !;Oa.. Z « SI/) 0 0 0 0 0 ;:Jf- "'.... 0 0 0 0 0 0 0 0 :¡:Z 0 0 0 0 0 0 Zz 0 0 0 0 0 0 OW Qw ,¡ Ò ,,; Ò Ò ò u..:¡; "" ....0: " " ~ '" '" '" C~ c:c<cc:a: - '" CD CD CD ....æ=»« 0 0 0 0 >- 0 Oa.tJW f-C: ....O~> -0.. 0:0: O~ ..", ~... ...J <t f- 0 0 CD 0 N 0 0 - - "' - '" - ¡¡: 0 0 '" 0 '" 0 en '" "' " 0 " '" <t ..."" 0 0 ~ '< - 0 V CD M - " V M ¡¡¡« ,¡ Ò - '" ai '" Ò N ai Ñ N M ai 0 ...,.... " " N '" " - 0 CD 0 - '" '" 0 00 - '" '< N CD - ~ N - 0:... N ,¡ - N ,¡ 0 .. 0 0 0 .g m u 0 <J) In '¡; "" "" 0: ;: <: <: C ... .... 0 · 0 0 ;; E ... .... 0 0. m 0 " " o.'¡; · Z w > ;; Ü w . M -'" · .§ Z m . u <: ,"0: .~ · ~ Z . ~ !:! ¡¡: .0 · 0 · · ",'" · '" '" if " " <Do; ~ ,;; . u "7 E .0 . Ii " ;; · :; 0 - u e>" " ;;; ~ 0 - ..§ 0 e><I '" . .g M · u ë ë ;; M ~ .;; ~ :; !:! M < E ~ " !!!. ~ 0 E . U M W In .g ~ c. ·Õ '" a: '" ~ ;; 0 « " ,;; 0 · '3 'Ë u " '" " 0 0- 0 U W CD Z § '3 .g · w '" · u '" « '" 0- U ::¡ 0; " ~ '" c: '" 0 u U M 0 'i 0 :;¡ "" w .!!i " È ¡; § " !!!. .¡; '" · .. ... ~ 0 '" .£ « :ë '" M ~ 'õ '" 0 '" > ::¡ u 0 0 'õ 0 0 . '" CD 0 " ... .;¡ m 0 It 5 ~ " 0 ~ .¡; 0 z -= "" u u. " '" ü: e> 0 ~ '" Z 0- · U. ci '" w ¡; c: 0 " zw ::¡ ... z 0 ~ ~ "" ::¡ '" <I U ... 0 e:t:: 0 0 ;::: z u. U . u.... u u - - - :> :; :; :; ¡¡: õ c: " U E-< Z µ:¡ ::;: p:: u ..: E-< E-< ..: -,-~_.~,.,-" /7-// w.~,:;:":"._ ;oR o o o .9 'in '3 c- u '" " o '" ....J § ~ Üj ro .~ i¡j ~ " '" '" õ '" o ·z 2 00'" §5 u ,,1f. ",It> "'co "''<t .!? C/') .. .- " - " u " c.~ '0 o - '';:; Co ëñ Q.) '3 -5 0' ~õ " '" '" ...J ~ " '" 'i¡j ~. E '" " o _ '';:; Q) ._ .0 U - .. .. ,,~ co .. .9 ~ g " .': u " 'õ c. .. è U -5 " > :;; . oS è .¡; '" 0. '" " " -5 " > '" õ " I:: 0 ..:E III '5 .g.c ~ êtí "¿;j c .... .2 ~ ro ]~ .. 0 ",0. .£ 0 :; g w "" ".... .0'" I-@¡ .§ û) -¡¿£ ~ ~ ~ 0 .., 0, õ w ~ <:: rn ã.i '" 1? ~ '" o E " Ü ::¡ " "ë u 0. 5", Q. I:: " '" I:: '" " en en ro ~g uo .~ N ",rû> N êC "3 > .., :; " -'- " rn õ]v >" .": m.9 ~ ~ ã) ~mC. 3: ïj ¡:: (1) C Õ I:: " U m <3 ü õ " 00 ë5' I:: en " .g m a.. U .. Ètòü ~ iV'~ 8-gõ "'Oõ";¡: ~ 0 c e c ~ ~oc:: '" '" 'ü ~ C. I:: en " :JN~ 8 ~ ~....,.., _..... B =s ~ U '" ",,, ( ) 2 .~ -.c > Õ C1J iii 1/)..... c " > o .c '" I:: ~ ~ -¡;; '" " ~ i¡j ~ " .c oS '" " '" I:: " E E o U ~ .!? o It> M '" .... ~ õ ü " 'õ c. ..š õ " .. .0 .. è U k o ~ ¡:: · · · f JI .. , " > ~ Q) co C Q) CD ~ C ctI -5 E =ë C 0 .- .c: - £ u ~.2 .- ~ ~ ~ >- ~ .12 Õ 5 '" ~ o U ;; " 8 .~ 0" oE cn~ C) " >--= ...>- " -= >- ~ .. frl ü '- " e 'õ o.~ " " -= " :.= o~ - " en ]! 03 CI') ë _ c: m CD c·~-= a)~~eõ -.: ¡ 0 æ ~ªa:~~c. '" >-E·~18~ u.. CD 03 - 'õ :v CJ .5 CD CD c CD·E~g'-5._Ë > ~ e ~ CI') CD 0 ~ <{ £.Ei.cQ. ~ CD > 0 ..; =æ -S"C:V-g_ :::IECI')03·Õ~ o ... ~.5 ...0. m -Š~~ë. U) C) C E _ C G) CD c:.E~::: " ~" [.~õ.~ ctI"O__ Q.§æãi -g-[êñ~.E IV ~ ctI ~ ~ c. II) ~·õ C).2G)üj.-.c: .5 ñi ... o...J :::I g ,:: CD 0"'C 0 mC.£03CU C e ... c: m 0 :;:::: Q. o'õ - ... Q. G) c:: Ü c:: m Ie (,) rg.~ ~ ~ G).;.5: ..._ >~Q5-C.~ -... U) Q) "'C c:: =:I _ .!::! ... Q)-.cEm~ ~-~.~>- ~~'E-C::'¡ -;.;: 0 0... c: _ .- CI') ·ë-grn.2êC =:I u G) _ 0 Iii CI') c: ~ 0 0. " ~~=:I':oã; >.:;:::: g"¡Uõ '" ~ .12 .. :;; 0. o ~ .¡¡ ~ "C " "C ~ m 0. x " £ .~ ~Õ .12 õi E o :; m ~ '" o " '" :§ '§ '" "C ~ m ~ '; õi ~ .g '5 "C <0: õi > o ~ 0. m õ ~ ¡¡¡ ~ " o /7- J;¿ < ~ > o _._-~....__.,,_._-,--'---:::'" RESOLUTION J 97" t 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PRELIMINARY FINANCE PLAN AND PROPOSED DESIGN FOR CONSTRUCTION OF THE NEW ANIMAL CARE FACILITY WHEREAS, on July 15, 1997 the City Council approved the construction of a new Animal Shelter and appropriated funds for the design and construction documents required to build the facility; and, WHEREAS, the City subsequently purchased property for the site in the Southwest Redevelopment Area at 4th Avenue and Beyer; and, WHEREAS, on September 15, 1998 the City Council approved a contract with Sutro and Company for financial advisory services; and, WHEREAS, on October 6, 1998 the City Council approved a contract with architectural firms Jackson and Ryan from Texas, and Eric Davy from San Diego for the design of the new animal shelter which is nearing completion; and, WHEREAS, on March 3,1999 the City Council authorized staff to issue a Request for Proposal (RFP) to determine interest in leasing, developing and operating compatible businesses on the excess portion of the animal shelter site on an interim basis; and, WHEREAS, the 1998 Capital Improvement Program Detail estimated $ 1,416,000 for construction, which figure was later described during the Architectural selection process to be under budgeted; and, WHEREAS, the original construction estimates produced in July 1997 were based upon a "Design Build" concept which was later determined by the City Attorney's office to be impermissible under the City Charter and which resulted in an increased construction cost of 20-25% and added an additional six (6) months to the project schedule; and, WHEREAS, in an effort to reduce costs of the proposed animal shelter significant modifications were made to the plans which reduced the total amount of the project construction costs; and, WHEREAS, staff believes that the construction of the facility can be successfully completed at a cost of $2.1 million which would include a 10% contingency and necessary furnishings; and, WHEREAS, staffhas submitted the necessary adjustments to the 1999 Capital Improvement Program and is formulating a business plan to supplement future funding; and, WHEREAS, staff estimates construction to begin in October, 1999 with completion of the animal shelter by July 2000 as set forth in Exhibit A; and, /7/0 WHEREAS, staff has prepared a prelinúnary Capital Improvement Program plan for financing the anirnal shelter project as set forth in Exhibit B which reflects a total cost of the project including the cost of bond issuance and financing to be $4,108,351. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the preliminary financing plan and proposed for design for construction of the new animal care facility. Presented by: Approved as to form by: Richard P. Emerson Chief of Police John M. Kaheny City Attorney h:/homelattomey/cllenlsheher.rso /7//( ~ ~ g ~ ~ ..: N ~ '[ , < < < 0 "" > ~ . < ~ ~ " 0 0 .. 0 , ~ 0 ! z " 0 ¡; - ~ ii. " 0 "" - < > " 0 , · > · . · < · ~ " I r [ . . [ I ! ! ! . . I I . ! ¡ 0 . " · · .. ~ ~ 0 > 0 t . . z I I I [ · 8 t " · · & ~ · ~ ~ ~ · ~ ~ . ~ ~ t t t t § · $ ~ t ~ ~ S ~ . ., ~ · ~ ~ t t ~ t ~ ~ .:!: ~ Š ~.E ~ · ~ ~ '; ;¡ '; '; '; >: ;;. ¡; '; ¡; ~ ¡¡ ¡; ¡¡ ¡¡ ¡:- 0 l~ ~ · · . · .. , . . · . - . = , . . · . . " . . . " .. ! = , ~o - , ~ · · ~ · . . . ~ < · < t ~ ~ t ~ < ¡; < ~ t ~ ~ ~ ~ ~ . ~ 0 · ~ · . ~ . . ~ ~ · ~ " · . ~ . 0' ~ ? ~ ~ ~ ~ , ;;. " " ;; ;¡ s: '; ;; ¡; ¡; ¡¡ ill"· , . >: · , · z z Q ð 0 - ~ ~ > ~ " " " " z , < '" Æ ~ ~ - .3 j ~ õ . ª ~ ¡ - < ~ - ;r. ¡ - < " > ~ c - - , . " z - " ~ ] - c Z - J. J. " " c < - - - - - § < ?< z ¡; .;: } ~ .". , , - ! - > - , - ~ ž 0 - - .. ~ - ¡; , J - " € < - - g ~. - - - - < , - - " - '> , ~ ~ - , - , - < < < , ~' - - - < 7 ; 7 · ~ ~ ~ 7:-;5' - I EXHIBIT A ~ E-< H ~ H :r x µ:¡ 0 0 CO 0 CO .t 0 0 ~ ~ 0 0 0 ,;. M " .,i 0 - - ;: 0 - - 0 N 0 0 >- m 0 ... 0 e- -' 0 Q. · 0 0 " " '" e> '" 0 0 '" '" >." "', '" -E..È 0 N " " 0 · 0 - - 'ë u 0 - - ~ 'S N 0 e .;? ~ >- ~ e 0 ... .. ~ ~ .!!! g '" .. ;; ." '" 0 0 - " - 0 '" oS N 0 0 '" '" ~ 9 '" '" OJ .. '" ,,' ",' " e> ~ OJ 'C 0 0 - - '" e E 0 0 - - ~ ~ - . N 0 . . -", ~ ~:Ë 0_ >- Q.. U. 0 U. .<J ~o. ,,¡ Õ = .2 -¡ u: 0 0 '" 0 '" ~ 0 0 " " ë.- 0 ~ ": .0 u ë. 6 " " K 0 - - . · 0 - - i u N K Ö 0 · >- ...J W 0 .; u. <i -' '" u e '" w e>.E l- e " .E ëã w w '" 0 0 co 0 " 0 " 0 " '" ~ '" ~ 0 :¡: .. 2 0- u.... '" .E ã. 0 0 ~ 0 '" 0 ~ " - '" en2 .. 0 0 co, ~ - 0 - '" " - ~ w :0 0 ~ a, - '" ai C" " " '" ci « >-:0 .... u 0. '" " '" ~ '" '" - '" 0 « a: -'.... u · OJ - '" - - -'0: W ;¡; ~ Ñ 0 l- e:¡ :!!'" w " - '" -, .... 0 0 0 0 ....0. 0 >- ;; a: - w '" 0 t; ... n. ~o 0. 2 '" « '" ...J 0 0 0 :J I- en 0 0 0 0 0 0 0 0 0 0 :!: Z 2 .... 0 0 0 0 0 0 02 ~ 0 0 0 0 0 tJ w ci ai 0 0 0 :;; _w '" u.. -' ....'" ~ ~ - '" '" '" 0 w '" ",a: '" - '" co CD CD > .... -'" '" 0 0 0 0 > 0 0 ~u w .... 0:0 >- I- a: C3 n. "'''' ~ o.:¡: ~.... ...J « I- 0 0 co 0 " 0 0 - - '" - '" - ¡¡: 0 0 '" 0 '" 0 '" '" '" ~ 0 ~ '" .... 0 0 co, ~ - 0 " co '" - ~ " '" « u -' ,,' 0 ai ai 0 a5 0; a5 tJ w '" - '" N N '" -, .... ~ ~ " '" ~ - 0 co 0 - '" '" 0 0 0 - '" ~ N CD - CD, " - '" .... " .j - " ,,' 0. 0 0 0 £ · u 0 en <J) Õ -' -' '" .. '" " c .... .... 0 . 0 0 ;; E t- .... e Q. 0 " ~- 0. . ~ Z K > ;¡; ü w . · ." .1; Z · . · " u =a: 'S ;; :§ Z · - ~ !!! ü: '" 0 e 0 en . '" <J) # 'Õ 0 "'-~ ,;; u "'~'" '" .. ~ · · ... E - 0 ;¡; ¿,-= ~ - u e 0 ;;; e - .g e ""'en . .2 . · u '¡' .. § ;;; · 0 'S · !!! · .. . 0 :'1 '" 0; 0 E E ;; u )'! w en .g '" 0. '1, . ." '" '" · 0 '" ;¡; ,;; 0 ~ '5 'Ë u 0 en 0 0- 0 '" 5 '5 .2 æ w -c ~ U w 2 cij t; 0- Ü :0 .. " 0 '" U -c l' '" u v. 0 '" 0 '" -' w E 2 ~ ;¡; :'1 :0 # ~ .... '" ü 'ü 0. ;; 0; e '" .~ '" :¡: -c · E 0 '" >- :0 u 0 0 'õ 0 ~ · en co 0 'C .... .;¡ '" 0 ö: 5 . 0 0 c> ~ 'ü 0 Z ¡: -' u u. c> '" ¡¡: 0 0 en 2 0. · u. 0: ~ w 13 a: 0 0":0 ~ ;¡; z~:E .... 2 0 0; en '" u .... 0 e:t:o 0 ;:: 2 u. U . u.... u u -' = - > :; :; :; ü: Õ rr: " J/-/t 'm_.__COu '" o o o .~ :~ " ':; 0- u . -C C '" ...J ,OJ "§ -¡¡; -¡¡; .§ rn ~ m e . Õ c .2 " ;: ;;;u. 50 u ,,'if c'" "'", c.t .E> (/) " .- ~ü m c: '0 .g 0. :§ \D "'O£ "'- ~ 0 " :;; c" ~ c .Æ~ ! _ .e .... - u :~ 00 .2 ro ~ o 0. " ;:; u '" '0 C. ," >- u -E '" > :;; '" oS .~ u . 0. ro u '" £ '" > ro .e Õ '" c 0 "':!;! Q} "3 .g.o ~ ro .¡¡¡ I: ~ .2 ~ m m:; .eo. '" 0 ",0- .!: 0 .; g x "'.... "'.... .eN I-@¡ ë .... o '" 0';: Q) ~- .!!.e ~ ~ ~ e .., '" õ c '" " rn ã; '" '" . c '" o E '" " '" '" ;E "ë u 0. 5" 0. C " '" c '" .... '" '" -¡¡; :;0 ,,0 .~ ~ Ñ -£ >- N ro "5 >- -, "3 ~ J'::~ - " ro o '" " >-" c :'::: ro .2 15 ~ ;; ~(tIc.. ~ 'õ 1= Q) c:: Õ c '" u ro 8 õ õ '" CD~ 'õ c '" ~ 0",0- "t VI ÈcDü '" m c: Iv'-::: O.o.e u 0 := ]ü<l: > 0 C e c: ~ ~o cr: '" "" rj ~ c c'" 0 '" N '" o '" U ~ ~,..:-, - 0 ~ - .= >- :i ~ (f.I " '" '" Q) 2.2 -.0 > Ü (1) Q5 ",,,-,,, '" > o .0 . C ~ 2 -¡;; " '" "' ¡¡; ;§ m .0 oS à:> " c '" E E o u i':' .!!1 o '" '" '" .... ., õ " '" 'õ is. -5 õ '" :;; .e '" ~ u ~ ¡:: :; o . ~~ .¡¡ e '" e ¡¡: o ., > ~ Q)O)~~Q)E .c c: CU ': -:e;c:: 0 .- c -= g ::2x·~.c ;;CD~...~ 8 ~ !: g U rg 0 ._~ o ... .- 0 0 °iSt)c.c. m-2Q,)CD 0) CD ûí..c:: G;I >-~§:..: u. 0 _ CD . ~- CD ..c Cf) m C) en ~-'';c:~ c: c:.-_ .mID::_ CJ) E"'C 0 _ . - E"Ü) ~ 0 ¡ij à)':S~]~Q. 0" .. IV en IV 0 C'J ,.....·;-EU.E u.. Q) c:: II> (,.) ... U ._ 1I)..c:: C cu':;: ~ C'J... ~ IV .... 0 ~ en.- >~~o«- Q) 0 ft "C ..c::-.cc. Q; -.g>o....:=æ¡ ..c::"C«i-~ã) CD cn 01'-"0 :I E fI c e o'-CP'-o.m .c!uë. _ -~~EcO en c CD Q) .2r¡;¡ 'ê:12..c:::::fti> CD ... (I) E 0 EtDõcnoQ. >.£ ---0. cu"O'E_¡cu o.§a>(ã ... "C-Eû».E ccn>~m_ C'tI c: ttI en..c.ü ~.2g.¡¡;::¡§ .--;....00 CJ._ III CJ"'C U c o...c: CD!: cu 0 .... c m 0 ~Q.ê5·ü-- ...o.lDc~E mm.e~·õ.a Q) CD >._ .... Q) .:;0- ... iD - 0. .... ~~cn~"'C= C ~ -.- m > œ-.oE > 3: - CD._ >_ ....B-C.E eñi 03: 0 E.2 Ü; .f "'C -; B fti .... E ~ CD ... 0 CD :J C CJ .... 0. ê;j ~m:S.Eõ.!! ~:§gœuu .. " ·ß 1: " Q. o >- - 'ü ~ ." " ." " '" Q. X " -= .~ .. ;;; o u '" :§ .. ;;; ." c: '" g :; "iij " ~ '5 ." « '¡; ~ ¡¡¡ ~.~-,.. ~ - 17-/7 o " - ~ COUNCIL AGENDA STATEMENT Item / 1 Meeting Date 5/18/99 ITEM TITLEt'9Resolution ¡fit'£: Supporting S8 911 (Figueroa), Emergency Care; p.Resolution / 9'/.t~- Opposing AB 842 (Migden), Charter Schools; and C. R",'uH,o I ,y, 7- 0""'0. AB 16~d,"I' Bulld'o. Stood"d, SUBMITTED BY: Legislative committe$~ /'1 4/5 Vote: Yes_ No.lÇ Senate Bill 911 (Figueroa), Assembly Bill 842 (Migden), and Assembly Bill 1626 (Migden) are pieces of legislation on which the City has been asked to take a position, but which do not fall within the guidelines of the City's adopted legislative program. As a result, the three bills are being brought forward to the City Council for consideration. RECOMMENDATION: That the Chula Vista City Council adopt the three Resolutions. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Backaround. SB 911 Nearly 700 Americans die every day from sudden cardiac arrest. This number could be reduced substantially with a sequence of actions known as the "chain of survival" being enacted as soon as a cardiac arrest emergency is detected. Amon9 the four links in the sudden cardiac arrest chain of survival is early defibrillation. Defibrillation is the name for the process in which an electronic device re-establishes normal contraction rhythms in a heart that's not beating properly. Risk managers of public gathering places like stadiums and shopping malls are hesitant to acquire automated external defibrillators (AEDs), or to allow trained employees to use them, for fear of lawsuits which might be filed by those treated or their families. 58911 would expand California's Good Samaritan law by affording legal protection to trained users of AEDs, just as it does to those who perform Cardiopulmonary Resuscitation (CPR). The bill would provide immunity from civil liability, but would also include training requirements similar to those for CPR. The American Heart Association believes cardiac arrest survival rates can be improved by strengthening the chain of survival. Although the passage of SB 911 does not guarantee that more AEDs will be purchased and made available at public gathering places, this bill will remove one of the primary impediments to their use. 19-/ Page 2 Item No,_ Meeting Date; 5/18/99 The recommendation to support 5B 911 is based on the desire of the Legislative Committee to afford common sense protection to trained users of AEDs which, in turn, has the potential to increase the survival rate of those who suffer sudden cardiac arrest in public gathering places. BackClround. AB 842 Existing law, the Charter Schools Act of 1992, permits teachers, parents, pupils, and community members to petition a school district governing board to approve a charter school. These schools operate independently from the existing school district structure. Charter schools are generally exempt from the provisions of the Education Code applicable to school districts. These schools do, however, have the option of choosing to be bound by those provisions of the Education Code (such as representation by unions) which they wish to adopt. In Chula Vista there are five charter schools with a total enrollment of nearly 3,500 students. None of these schools has chosen to be represented by an employee organization. AB 842 would mandate that charter school employees be members of a bargaining unit, such as the California Teachers Association (CTA). This bill, which is vehemently opposed by charter school teachers, is being sponsored by CT A. The recommendation to oppose the bill is based on the Legislative Committee's opposition to State intervention in matters which are inherently local. Much like SB 402 (city opposed 4/6/99) which would impose binding arbitration onto Charter Cities, AB 842 inappropriately and unnecessarily intrudes into the local decision-making process. Local School District Superintendent Dr. Libia Gil has indicated that, in her opinion, passage of AB 842 would result in each of Chula Vista's five charter schools ceasing to operate as charter schools -- much to the detriment of the thousands of students who now benefit from this creative and responsive learning environment. The recommendation to oppose AB 842 is based on the City's long-standing opposition to actions by the State which infringe on the local decision-making process. BackClround. AB 1626 The Building Standards Commission governs building standards in California. This Commission is made up of 10 experts in the fields of plumbing codes, electrical codes, mechanical codes and building codes as well as members of the public. The Governor of the State of California appoints these independent experts. The Commission continually reviews building codes from around the nation and makes annual changes in the State Building Standards in order to ensure that the best practices are put to use throughout the state. City and county building officials, in turn, enforce those standards adopted by the Commission. /9--.1- Page 3 Item No. Meeting Date: 5/18/99 A recent rift among professional associations in the building field has led to an attempt by the International Association of Plumbing and Mechanical Officials (IAPMO) to force the Building Standards Commission to adopt their specific codes to the exclusion of all others. IAPMO filed a lawsuit against the Building Standards Commission as part of this effort. The state appellate court found in favor of the Building Standards Commission. AB 1626 would overturn the appellate court decision and require the Building Standards Commission to adopt and enforce only those standards included in the IAPMO codes. This action would prevent the Building Standards Commission from adopting the most effective and efficient codes for construction in California, and sets a precedent for allowing the State Legislature to determine appropriate codes. In addition to the obvious concern with allowing non-experts to specify standards about which they are not necessarily knowledgeable, this bill will require the Building Standards Commission to appeal henceforth to the Assembly, Senate and Governor for special legislation to enact future changes to the State's building codes each year. The Commission reviews hundreds of proposed code modifications every year. Obtaining the needed legislation, and overcoming the pressures of various special interest groups, to continue that work will be overwhelming and unmanageable. The adoption and enforcement of building codes should not be placed in the political arena. It is an action best left to the objective experts who serve on the Building Standards Commission. The recommendation to oppose AB 1626 is based on the Legislative Committee's desire to prevent the politicization of building standards in California which are enforced by city and county building officials. FISCAL IMPACT: There is no direct fiscal impact to the City anticipated from the passage of any of these proposals. attachments: · Analysis of SB 911 · Text of SB 911 · Resolution adopted by the City of Imperial Beach in support of SB 911 · Article regarding SB 911: San Diego Business Journal (4/12/99) · Analysis of AB 842 · Text of AB 842 · Letter from Libia S. Gil, Ph.D., Chula Vista Elementary School District Superintendent reo AB 842 · Analysis of AB 1626 · Text of AB 1626 c:\...\A1 1 3\sb91 1ab1626. 113 11-3 -_._-----"---"- CITY OF CHULA VISTA LEGISLATIVE ANALYSIS May 18. 1999 BILL AUTHOR TITLE INTRODUCED AMENDED SB 911 Figueroa Emergency care: 2/25/99 4/27/99 automatic external defibrillator: acquisition and liability CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM PENDING NONE NONE No; Council Action Required STATUS: Pending Committee Assignment in Assembly BACKGROUND: Existing law provides immunity from civil liability to any person who, in good faith and without compensation or the expectation of compensation, renders certain types of care at the scene of an emergency. This immunity is expressly provided to any person who completes a designated cardiopulmonary resuscitation (CPR) course and, subsequently, performs CPR at the scene of an emergency. Existing law also calls for the Emergency Services Authority to establish minimum standards for the training and use of automatic external defibrillators (AEDs) by individuals not otherwise licensed or certified for the use of these devices. Nearly 700 Americans die each day from sudden cardiac arrest. Many of these occurrences are in places where large crowds gather, such as stadiums and shopping malls. The chance of survival is greatly increased if a sequence of actions known as the "chain of survival" is initiated as soon as the cardiac emergency is detected. The chain is made up of four links: early access to an effective 911 emergency medical services system, early cardiopulmonary resuscitation, early defibrillation and early advanced medical care. The American Heart Association believes that the cardiac arrest survival rate outside of hospitals can be improved from 5% to 20% by strengthening the chain of survival. Risk Managers of public gathering places are reluctant to acquire AEDs, to have their employees trained in the use of these machines, or allow them to administer treatment with an AED for fear of lawsuits which might be filed by the individual who received treatment or their family members. SB 911 would: Expand the existing immunity from civil liability to those individuals, trained in the use of AEDs within the preceding 12 months, who render treatment through the use of an AED at the scene of an emergency. These individuals must be rendering said treatment in good faith and not for compensation. This bill would not relieve a manufacturer, designer, developer, distributor, installer or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. FISCAL IMPACT: There is no anticipated fiscal impact to the City of Chula Vista resulting from the passage of this proposal. The recommendation to support is based on a desire to increase appropriate access to automatic external defibrillation during emergency situations. DATE TO COUNCIL RECOMMENDATION SUPPORT LETTERS YES Legislative Committee May 18,1999 Jj- '/ C:\...\ 1 999\ANAL YSES\sb911.doc Legislation Subscribe BillInfo Past Sessions Codes Statutes Constitution lof3 http://www.sen.ca.gov/htbinltestbi...OO.SB09] ] ]CURR VER. TXT; ]/bill/SB911 .~'!!!!~!!!~~.ø~::~!~'~!~~~:AUdiOITVFaq ~Current Session Legislation~ SB 911 Emergency care: automatic external defibrillator: BILL NUMBER: SB 911 AMENDED 04/27/99 AMENDED IN SENATE APRIL 27,1999 AMENDED IN SENATE APRIL 8,1999 INTRODUCED BY Senator Figueroa (principal coauthor: Assembly Member Oller) (Coauthors: Senators Alarcón, Morrow, Peace, Perata, Rainey, Schiff, Sher, and Solis) (Coauthors: Assembly Members Baugh, Cardoza, Havice, Maddox, Romero, Torlakson, Washington, Wildman, and Zettel) FEBRUARY 25, 1999 An act to add Section 1714.21 to the Civil Code, and to add Section 1797.196 to the Health and Safety Code, relating to emergency care. LEGISLATIVE COUNSEL'S DIGEST SB 911, as amended, Figueroa. Emergency care: automatic external defibri11ator: acquisition and liability. Existing law provides immunity from civil liability to any person who, in good faith and without compensation or the expectation of compensation, renders emergency care at the scene of an emergency. Existing law expressly provides immunity from civil liability to any person who completes a designated cardiopulmonary resuscitation (CPR) course and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency, without the expectation of receiving compensation for providing the emergency care. This bi11 would provide immunity from civil liability to (1) any person who, in good faith and not for compensation renders emergency care or treatment by the use of an automated external defibrillator at the scene of an emergency, has completed a basic CPR and automated external defibrillator (AED) use course that complies with regulations adopted by the Emergency Medical Services (EMS) Authority and the standards of the American Heart Association or the American Red Cross for CPR and AED use, (2) a person or entity who provides CPR and AED training to a person who renders emergency care pursuant to (1), and (3) a physician er meàieal autflsritj who is involved with the placement of an AED and any person or entity responsible for the site where an AED is located if that physician, medical authority, person, or entity has complied with certain requirements. The bi11 would provide that its protections shall not apply in the case of personal injury or wrongfùl death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, authorizes the Emergency Services Authority to estabIish minimum standards for the training and use of automatic external defibri11ators by /9/.3 5/3/1999 8:47AM Legislation http://www.sen.ca.gov/htbin/testbi...OO.SB0911]CURRVER. TXT; l/bill/SB911 individuals not otherwise licensed or certified for the use of the device. This bill would require any person who acquires an automatic external defibrillator to comply with specified requirements in the bill. Vote: majority. Appropriation: no. FiscaJ committee: no. State-mandated local program: no. SECTION I. It is the intent of the Legislature that an automated external defibrillator may be used for the purpose of saving the life of another person in cardiac arrest when used in accordance with Section 1714.21 of the Civil Code. SEC. 2. Section 1714.21 is added to the Civil Code, to read: 1714.21. (a) For purposes of this section, the following definitions shall apply: (I) "AED" or "defibrillator" means an automated or automatic external defibrillator. (2) "CPR" means cardiopulmonary resuscitation. (b) A person who has completed a basic CPR and AED use course within the preceding 12 months that complies with regulations adopted by the Emergency Medical Services (EMS) Authority and the standards of the American Heart Association or the American Red Cross for CPR and AED use, and who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency shall not be liable for any civil damages resulting from any acts or omissions in rendering the emergency care. (c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) shall not be liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. (d) A physician er Hle"ieal atitflsrity who is involved with the placement of an AED and any person or entity responsible for the site where an AED is located shall not be liable for any civil damages resulting from any acts or omissions of a person who renders emergency care pursuant to subdivision (b) if that physician, HloMeal autflority, person, or entity has complied with all requirements of Section 1797.196 of the Health and Safety Code that apply to that physician, Hle"ieal a>1tflsrity, person, or entity. (e) The protections specified in this section shall not apply in the case of personal injury or wrongfUl death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (f) Nothing in this section shall relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. SEC. 3. Section 1797.196 is added to the Health and Safety Code, to read: 1797.196. (a) For purposes of this section, "AED" or "defibrillator" means an automated or automatic external defibrillator. (b) In order to ensure public safety, any person who acquires an AED shall do all of the following: (I) Comply with all regulations governing the training, use, and placement of an AED. /9-~ 200 5/3/19998:47 AM Legislation http://www.sen.ca.gov/htbinltestbi...OO.SB091 I ]CURR VER. TXT; l/bi11lSB911 (2) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. (3) Ensure all of the following: (A) That expected AED users annually complete a training course in cardiopulmonary resuscitation and AED use that complies with regulations adopted by the Emergency Medical Services (EMS) Authority and the standards of the American Heart Association or the American Red Cross. IE) That tRe dÐfiBrill~tsr io maifltaincà and tested accerdinª te the maRBf~etHEcrT8 eporatioR~l ªBidolinco. -fb+- (B) That the defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, and the American Red Cross, and according to the rules and regulations set forth by the governmental authority under the Federal Drug Administration and any other applicable state and federal authority. (C) That the AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days. Records of these periodic checks shall be maintained. (D) That any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible, and reports any use of the AED to the licensed physician or meclical a..tRority and to the local EMS agency. +&J-- (E) That there is involvement ofa licensed physician or medical authority in developing a program to ensure compliance with regulations and requirements for training, notification, and maintenance. (c) A violation of this provision shall not be subject to penalties pursuant to Section 1798.206. Home Senators Le!!islation Committees Schedules Offices/Caucuses AudiorrV FaQs/Links Please send any questions or comments about this site to WebMaster¡¡V,sen.ca.!!ov /9-7 30f3 5/3/1999 8:47AM - ~-~-,-_.__.,. - .--.,,--"-..-..-...--..-.-....-.--,...-.... -",-,-- -- .-...-'--'---" RESOLUTION NO. 99-5041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, SUPPORTING SENATE BILL 911, THE AUTOMATED EXTERNAL DEFIBRILLATOR-INCLUSIVE GOOD SAMARITAN LAW AND URGING ALL CITIZENS OF SAN DIEGO COUNTY TO GET INVOLVED IN LIFE-SAVING ACTIVITIES BY LEARNING TO RECOGNIZE THE SIGNS AND SYMPTOMS OF CARDIAC ARREST, ACTIVATE THE EMERGENCY MEDICAL SYSTEM, AND LEARN CPR. WHEREAS, approximately 2,900 people suffer sudden cardiac arrest in California every month, and 250,000 Americans die each year from cardiac arrest; and, and, WHEREAS, 95% of those who suffer cardiac arrest die before they reach the hospital; WHEREAS, progress in improving the survival rate for sudden cardiac arrest IS lagging behind the survival rate for nearly all other types of cardiovascular disease; and, WHEREAS, the American Heart Association, the world's largest voluntary not-for- profit health organization with a mission to decrease disability and death from heart disease, stroke and other cardiovascular disease that annually kill nearly one million Americans, believes the survival rate for sudden cardiac arrest can be improved to 20 % or higher and as many as 50,000 lives can be saved each year if the chain of survival is strengthened; and, WHEREAS, the four links in the cardiac arrest chain of survival are early access to the emergency medical services system, early cardiopulmonary resuscitation (CPR), early defibrillation, and early advanced medical care; and, WHEREAS, every link in the chain of survival is critically important and can increase the prospects for survival; and, WHEREAS, early defibrillation is the only treatment to correct ventricular fibrillation, the most common cause of death from sudden cardiac arrest; and, WHEREAS, survival from cardiac arrest is critically dependent on the early defibrillation link in the chain of survival, and the sooner a heart can be restarted with a life- saving electric shock defibrillation - the better the chances of recovery; and, WHEREAS, the American Heart Association, the American Red Cross, American College of Cardiology, and others are working to remove legal barriers to residents operating automated external defibrillators (AEDs); and, /?-y J:\CITY CQUNCIL\Cily Council Resos\99-5041.doc Resolution No. 99-5041 Page 2 WHEREAS, 5B 911 will add immunity from civil liability for a trained AED user, the trainer, prescribing physician, and business or facility where AED is located. NOW, THEREFORE, BE IT RESOLVED, That the City and County of San Diego supports SB 911, the automated external defibrillator-inclusive Good Samaritan Law; and be it FURTHER RESOLVED, that the Board of Supervisors urges all Citizens of San Diego County to get involved in life saving activities by learning to recognize the signs and symptoms of cardiac arrest, activate the emergency medical system, and learn CPR. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its regular meeting held on the 7th day of April, 1999, by the following roll call vote: AYES: COUNCILMEMBERS: ROSE, WINTER, McCOY, MALCOLM NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BENDA Diane Rose DIANE ROSE, MAYOR ATTEST: Cheryl L. Neal CHERYL L. NEAL DEPUTY CITY CLERK I, City Clerk of the City of Imperial Beach, do hereby certify the foregoing to be a true and exact copy of Resolution No. 99-5041, A Resolution of the City of Imperial Beach, California, supporting Senate Bill 911, the automated external defibrillator-inclusive Good Samaritan Law and urging all Citizens of San Diego County to get involved in life-saving activities by learning to recognize the signs and symptoms of cardiac arrest, activate the emergency medical system, and learn CPR. CIT~;( ~ '¥/ ~/97' DATE /3-<; r./'J. ~ ;> . ,....¡ ~ aJ ;> ro r:n o ~ :: I ~ro ¡U ~ u o Q) '" '" ...... N ..... ...... ... i~ ~ o C'd ~ ~ 0'\ -' <X: z 0:: :::> o 'J V1 V1 w.J Z ..... V1 :::> CO o '" w.J ..... o Z <X: V1 ~ ~ .~ ~ Q) ~ C'd o Q) C/j '" '" ~ CH'>l1U B-gu;"Occuc:<- U:¡..0:I.I CIINfi;U)ï:"õ";ñ:O .!!~c¡ Jœ I « >,::1 c "'''' ~'~'" ~.E';;-=~~ ¿, ~ ,--go 0'" -=-:::~I-o>'- ._:.:cu....o ""- 0,,- =So~~=O~" ~",>o >, .,~ .. C y OS 00.. , .. ~ .. '" o.u '': ... ;;" -.: E ~-o ~c~~=U~·_u ~ ~~>c ~e ~«= 0"0-'" ~~~ c·-o-" ~~ ::I . U ... It) Q "'eo.; - a:I 0 S.:: > ~ .. V "'O~.!:! Q...!!:;-=ó~oêt: uVJv.lg~u ::r:: ~ce ~~~æ~e=::I& =~ea:lVJE ~~ .5 :;0 0.. ¡¡ In bl !'""I .::: U.g ~ 0.. .EJ... c.. u ... IU ';:I o::s e~-¡; ",_c-.~;;~~ i~~æa;; ~KI -oE~ c-~~Q2~ '" =~ u ~~.~ _ o.c::lO.c-"'OfU'. u.cUUfIJ-. ".-, ;~~ E~~t-cl..cE ~"a~i1 ~~! tJi ~~~~~Iii~ :i~[;~ ~ii ~".. "",o~_Eocð -=::IO-S ~~~ OEc ~-c-=c:¡~-«~oc =¡o-,,~ -.." _ 0 ~ _ -~ a .->~ ~--~ ::. as .. .c CII "'- ~ ~, ð Q....... -'" - _ ,~ -::I u-u-e- --~ c; = ca -.': I _ U .c ~... ::! _~ 0'1, -." \i, ~"2 00'. "¡;j ] ¡ 8'~ ¡¡ E-"C ~ .!! - - ... "" -~ ~.c'~ uEo:f.I~~~c'-o =-_~S~~¡-"" ".:" _ '" ",._ '" ~ '" c > .~ '" '" '" .- f-o " " ¡¡. .~~; ~~VJQð&co"'O Co:f.l~C8",,,,"'~,,,c~i~]~ 00"'0 IU "'0 "'0 ~.c c...!2'':: ~ u .. - 00'" _o..c-C::l-~" 0""'0. ~,,~~~ -0'" =oei"''''~''. =e..c_-~~~1~ ~~~ ~O_cu_E",coUº'~ u~o~:cou~~c ~ 0 "'-" 4.1 "OE'_o-";:'-~ uc~ ~cu~~~~u ~~c ~.~e-~~ c'- > . _ co u ~''': 11....... ... u; ... 4.1 8 0 = ""0 - .'" .¡;: ...... ¡¡_«IIIJ_._;;...co»...<t; '-c~O IIJ- >~..cO~E~æ~~-~oo ""ë",~,,,~j~ o 1IJ~~oe E_CGCG_._~=lIJu_o~~~~ EO~<-~uu ..o.S:!::cuäüuuCGeoc-=:·"'''''' ~«I ~_~>~IIJ"O OU~-IIJ«I ullJ~~~ ~~~~ ð~~II.I»uu"'S~~c....5"OU~.C~ -<r: en < .E,.::E -= u... = «I ~ «I ""0 t: ~ :: ..;: ~~ c..·ëcn-=:::I U .:!~ o ~ ~ I',J C' .:¡ ~ _0 C· «1.- C «I'" ~ 4.1 "0 111 .E C ""0 =._ ..c CIS 111 _ u'" .S:!::: ';... o _ 4.1 ..c'" «I ~5~ ~¡ß-5 = c:: u ::: u t:: 5.2= '-~:i c"O u 111 =..c ou..c :lE= =6 ë...,g g ~ .: _ 0 _ ... I( IIJ o u 1: Co. u e o 0.. = U "O..c ¡;j~'ij -=~>. s C::'" ... e'" of coo 4.10:; .£.E§ -=~o 4.1;'':: c"'....:.,gûec~ 011.111:1-«1=": .=~u.!!c"'Oc .!! ='f: o.,g 4.1 8 =Eug£-~- J:)CIS_II:III1UClS ¡;:::auu.- E ...:;;.:=c86 .!!ou::::.g·:;:c Bc~~ë;u:l '.E~ ~ 0:::"O~ c; u~.Q·S:!::': ~1I1::-;¡t:§-;¡ _E~:-::Ö'::¡;j g e :::: ~ H CI! ... _ CIS C'II "ii ~ - ,: CII ce 1:- Dill Oii: D . ClII.. '"I: °D D,: CJa, ...::.! ocn ë; ~.!!a .2 .9 ''''0 - '::'ë=,e §-cc.9= è:u--~ ..c=.~ 111.9 :::I..co=~ v.lullJ In- ~õD",.::u "'Oë;Ji 8~ l:c:l:> CIS CeI;) U _~o;o CIS~~ C'llCIS ~~gll:l:§ Ê~=- u~ u>.v.I.,g= =0>' =:.; :¡;..o~_c..cå:ëug "ª:i ..0 ë C'II co ~ e !:! .= 4.1 c....c uuE.:.-C'IIII:Ic..:::I h:= ~u.->- ucC".:u .. tï 3 e ~ ~~ ~J:: C'II c.. §c..uc..u.~-~u e: .= 0 ..c E..c 0 rJ ° - . 00·- «1<"1--- U =-oC 'õ ~..: >.·i;.!:! ~ £'~ -.2 OClSU_IIJ{/)c..U..c~""-; ~u>ëõc _..o_~c,- v.I- u u'-~ ° c';;.!! u 0 < .. :t: 0 eI;)_ v.I :; ~ '- E 0 _ o_uc"'c"'o'-~ :;o:c"O..o._u :::I "'0_ u- u>.lIJoouu:;y....... :c"Eëii õ':: E ~ ~g~ 6"1: c>.::e§eË.!!~"'·-~ >.B2è:;v.lotlO uu"ElI:I::I: _._ c.. ._ u O..:.c ... C :ë u tï u E a 1:: u o...~.,g C'II Õ - ..c g.E'-~~-= c'" ~ ~LtJ IIJ-.. ...<4.10__0": ._<~C c.. ..ocu=:UIIJ"O ...0 oo.,g C ._ _ s.!! ~ =; :; e "0 .= .: = ~ ~ ~ ÕD=E ~ E U':; ~ :ê ëô<uU.2=~'=: ~C'" ï:: u _u_e¡;:.....bOuu2..o ..0 e..c CIS..c u .:..c «1.-- r.: _C_"O c..~.9 ~ õ.g 00'0 ~_ ~oO'- ë]~.,gQ.°?':- ~ IIJ ~ 0.. "'~ ._ CIS 0_ os'~ ¡¡ ëã ~ >. ,- "t:I I .:¡~. œO~~ ~~=II:I..c~> ~~-"'...~~ u~ _ u ~ ....... ._ U «I .... 4.1 .è:; - 4.1 o:OS g u ~~ c u~ >~CIS B~ =CG-u cue C u >._ c '" ..c IIJ 0 ....:a( e ,,0 "'~ ~"'~~ ~.OO~c~ -c ..c- ..c~ 1æ~~ =~,,£,,~~ ~1~g~ ;ë u:; N- 0 u~ ._cE~~"'~ OU c..u ~u._U üf';cwc"'Oë ... IIJ§ -¡¡c eÖ...J.: "~"",,,¡¡:,, 11t"¡¡-¡;; ._'" ~u eE¿>. =~~"O~œ~ uc~.~~ ~~ c~ ~~u~ œuu~o u IIJ~IIJ=C'II os- ¡:j::l >,0"'" "=",,,,c.~c. Ë~2">' ..c>, s: ~=.~ ~i",æ~_o ",~>,~i ~~ c. _o~'- ~~o~.~...>œ- ..... ~o U ~ ç_ IIJ _'" CO : >. 0 ~ u = = u - eLl E- U U"'O~IIJO'~- cœ"'O c- _ >æ~~ cc>'-c~ ~=o-= .-- ~~ u~_.~ UC'll._t u=c d:O\E:;:CIS -:v.I ~o .2"'O~~ "'OlIJtëõ~~U uU-~-E 'i~ {/)..c ""O>.Õ-: -g~~'::eu'õ~ 5·~i5..u.c IIJU = ~ ~ -=..c.. '" e ~ 1:: W '" ï:. ~".::O -:;:, 'üõ ~ ';'~ ",:¡;;;,.::;¡.o= .8,... ;~'E¡¡of 11¡:¡ cO .~>..«I..c- ",ullJ"";:IC lIJuC'II.... Cou ~~ ~oo~,,~~~,,~~"'È " ,,~~~E..c ='- _C_~C'IICUcoo~ ~;>."'~~u= ï:._o 5.~~~=uœ~c~0""O Co~3~·:;:~·2 .......u~..c.~..:.c=u.-uuu .'- œ - .-- õ ¡¡ :> g&",=~.~ ~ ~11~æ g >,~;;;" ;-",.:0 ¡:..!! . (,) 0 t: _ U U 11:1 __« IIJ ...., E..;:,¿. ... :-:: ¡; ~ ~,... S ~.~ " '" ~ =, .- .. ¡¡ -¡¡.: ~ ..: - ~ c :;; ~ _ U.:: >. IIJ ""0 "'-:J VJ U U >.~ ... ""0 - ~ := co:.:: IU =-= .:0 0.1::- ",'_ -: 0 c..c..c ~,,~,,~;;. ..: c >,..c';; r;=~-:~~;£~..c~¡¡~~o~>,~"'=~~~ -J....IIJU IIJ 0 =1IJ.....c 0"0 cO=' CJ-;::cr.=->>'>. ~SZ2=¡¡~æE~"~~.;;~'" -=~W~-= _ ",="'u c=~=u_~UII:I..o..o .0= =_ œcu'CIS o===u::::':" ut:~œu"",u o 4.1 c.. CO ::= .....- CJ ~ ~. ... _ œ>""Ouu .s: /9"" If) CITY OF CHULA VISTA LEGISLATIVE ANALYSIS May 18, 1999 BILL AUTHOR TITLE INTRODUCED AMENDED AB 842 Migden Charter schools: laws governing 2/24/99 -- CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM PENDING NONE SB 402 (Burton) No; Council Action Required City opposed 4/6/99 BACKGROUND: AB 842 would: FISCAL IMPACT: STATUS: Pending in Assembly Appropriations Committee Existing law, the Charter Schools Act of 1992, permits teachers, parents, pupils and community members to petition a school district governing board to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Charter schools, in general, are exempt from the provisions of the Education Code applicable to school districts. These schools may, however, choose to adopt those provisions of the Education Code (such as representation by unions) by which they wish to be bound. There are currently 140 charter schools operating in California. In Chula Vista, five charter schools are in operation. Total enrollment for these five schools is reported to be nearly 3,500 students. Mandate that charter school employees be members of their school district bargaining unit. The bill is sponsored by the California Teachers Association (CTA) but is vehemently opposed by the teachers and administrators of charter schools throughout the state. Chula Vista Elementary School District Superintendent Libia S. Gil has indicated that passage of this bill would result in Chula Vista's five charter schools ceasing to operate as charter schools. Much like SB 402 (Burton), which would impose mandatory binding arbitration on Charter Cities, this proposal is a clear intrusion by the State into issues which are inherently local in nature. There is no direct fiscal impact to Chula Vista anticipated from the passage of this bill. The recommendation to oppose is based on the City's opposition to infringement on the local decision-making process. DATE TO COUNCIL RECOMMENDATION OPPOSE LETTERS YES Legislative Committee May 18,1999 c:\...\ 1999\ANAL YSES\ABOB42.ana /9/1/ Legislation Subscribe Bill Info Past Sessions Codes Statutes Constitution 10f3 http://www.sen.ca.gov/htbin/testbi. . .00 .AB0842]CURR VER. TXT; l/hill/ AB842 .fl!!!t~!:~!r:~~~!!:S~!!!?!~AUdiO'1V '~aq ~Current Session Legislation~ AB 842 Charter schools: laws governing. BILL NUMBER: AB 842 INTRODUCED 02/24/99 INTRODUCED BY Assembly Member Migden FEBRUARY 24, 1999 An act to amend Section 47610 of, and to add Section 47609 to, the Education Code, relating to charter schools. LEGISLATIVE COUNSEL'S DIGEST AB 842, as introduced, Migden. Charter schools: laws governing. Existing law, the Charter Schools Act of 1992, pennits teachers, parents, pupils, and community members to petition a school district governing board to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law, with certain exceptions, generally exempts charter schools from the provisions of the Education Code applicable to school districts. This bill would require that all certificated or classified employees of a charter school be deemed to be school district employees for the purposes of collective bargaining rights and obligations under the law pertaining to public school employees and public school employers. The bill would require all certificated or classified employees of the charter school to be members of the same bargaining unit of the certificated or classified employees of the school district where the charter school is located if the school district employees are represented by an exclusive collective bargaining representative. The bill would apply to all collective bargaining agreements in effect as of, or entered into after, January 1, 2000, between the school district where a charter school is located and the exclusive representative of the certificated or classified empIoyees of the school district to charter school certificated or classified employees. By increasing the class of employees for which collective bargaining and employee grievance procedures would apply, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $ 1 ,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates detennines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. )9-1.2.. 5/4/] 999 3 :09 PM Legislation http://www.sen.ca.gov/htbin/testbi...OO.AB0842 ]CURR VER. TXT; l/hill/ AB842 SECTION 1. Section 47609 is added to the Education Code, to read: 47609. Notwithstanding any other provision of this part, all certificated and classified employees employed in a charter school shall be, for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title I of the Govemment Code, deemed employees ofthe school district where the charter school is located and shall be subject to all of the following provisions: (a) If the certificated or classified employees of the school district where the charter school is located are represented by an exclusive representative, as defined by subdivision (e) of Section 3540.1 of the Government Code, all certificated and classified employees employed in the charter schooI shall also be members of the same certificated or classified bargaining unit represented by that exclusive representative. (b) All collective bargaining agreements in effect as of, or entered into after, January 1, 2000, between the school district where a charter school is located and the exclusive representative of the certificated or classified employees of that school district shall apply to the certificated or classified employees employed in the charter school. Nothing in this subdivision shall prohibit the exclusive representative of certificated or classified employees employed in the charter school from mutually agreeing with the district to amend the collective bargaining agreement as it applies to employees in the charter school to address the charter school's site-specific issues, including but not limited to, discipline and dismissal. SEC. 2. Section 47610 of the Education Code is amended to read: 47610. (a) A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the lm:s "eVeTRÜlE, school EIiotTieto the Education Code except all of the following: +a+- (1) As specified in Section 4761 I. -fÐt- (2) As specified in Section 41365. +a+- (3) All laws establishing minimum age for public school attendance. (b) In the event that the requirements applicable to a charter school set forth in this part conflict with any requirements applicable to a charter school located in any other part of the Education Code, this part shall control. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one mil1ion dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. /7'-/3 200 5/4/1999 3 :09 PM Legislation http://www.sen.ca.gov/htbin/testbi...OO.AB0842]CURRVER.TXT;1 /bilV AB842 Home Senators Legislation Committees Schedules Offices/Caucuses AudiorrV FaaslLinks Please send any questions or comments about this site to WebMaster(Q)sen.ca.lwv /f--/f 300 5/4/]9993:09 PM The Superintendents' Council for Systemic Change April 21, 1999 _.cla S. ~;i 0res;cent ~a:D¡; 3¡:Hter, ¡ice ?~es¡dent ,-{en ,\Jccnan, "ice ~reS¡de!1t C~anie "Jae r<nignt, 'lice PreSIQent :Ora ~¡tcn, -;-,easwrer ',1:ke -<:emSC:1Y, Sec:etary SC:;cCIS :'Jtwres =ì.esearc:'1 Gene ~.L:ff;n, :=:O 3nan 3ennett. Director ~ ~ 9·<392· ¡ 971 Dear Editor: The Superintendents' Council for Systemic Change is a recently established organization dedicated to challenging the status quo in public schools and eliminating all barriers to student success. Our purpose is to improve achievement for ALL students by creating systemic change through the exploration of new educational delivery models such as charter schools. Our group represents more than one hundred years of service to public education in the State of California. We cover the geographic diversity of the State and are adamantly opposed to AB 842 and/or any other legislation which seeks to limit the flexibility and creativity of charter schools. The basic premise for charter schools development is gaining freedom from bureaucratic rules and regulations in exchange for greater responsibility and accountability for student achievement àt the school site level. AB 842 is a needless intrusion by CTA which continues to attempt to sabotage the commitment and dedication of teachers in charter schools. We believe that our teachers are professionals who are capable of making decisions regarding their work environment without the coercion of an employee organization that seeks to impose collective bargaining. Current legislation allows choice for teachers and we support the maintenance of a perspective which respects and honors the teacher's active role in decision-making. AB 842 is regressive legislation. This bill makes a mockery of our State's effort to join the national charter school movement which enjoys support from bipartisan leadership at the highest levels of government. We must strive to support our most innovative educators as they create models for effective teaching and learning that will prepare our students for the 21st Century. We urge you to defeat this reprehensible piece of legislation that is not in the best interest of our children's education. Sincerely, å~S.~ Libia S. Gil, Ph.D. Superintendent LSG:cmh /9;/5' CITY OF CHULA VISTA LEGISLATIVE ANALYSIS May 18, 1999 BILL AMENDED AUTHOR TITLE INTRODUCED AS 1626 Migden Building Standards 2/26/99 I -- CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM PENDING NONE NONE No; Council Action Required BACKGROUND: AB 1626 would: FISCAL IMPACT: STATUS: Pending in Assembly Appropriations Committee Building Standards in California are governed by the Building Standards Commission. This Commission is made up of 10 experts in the fields of plumbing codes, electrical codes, mechanical codes and building codes as well as the public at large. These independent experts are appointed by the Governor of the State of California. The Building Standards Commission continually reviews building codes from around the nation and makes annual changes in the State Building Standards in order to ensure that the best practices are put to use throughout the state. City and county building officials, in turn, enforce those standards adopted by the Commission. A recent rift among professional associations in the building field has led to an attempt by the International Association of Plumbing and Mechanical Officials (lAPMO) to force the Building Standards Commission to adopt their specific codes to the exclusion of all others. IAPMO filed a lawsuit against the Building Standards Commission as part of this effort. The state appellate court found in favor of the Building Standards Commission. Overturn the appellate court decision and require the Building Standards Commission to adopt and enforce only those standards included in the IAPMO codes. In addition, the bill requires the Commission to adopt the codes of certain agencies which no longer publish them and which are obsolete. This action will prevent the Building Standards Commission from adopting the most effective and efficient codes for construction in California, and sets a precedent for allowing the State Legislature to determine appropriate codes. In addition to the obvious concern with allowing non-experts to specify standards about which they are not necessarily knowledgeable, this bill will require the Building Standards Commission to appeal henceforth to the Assembly, Senate and Governor for special legislation to enact future changes to the state's building codes each and every year. The Commission reviews hundreds of proposed code modifcations every year. Obtaining the needed legislation, and overcoming the pressures of various special interest groups to continue that work, will be overwhelming and unmanageable. The adoption, and enforcment, of building codes should not be placed in the political arena. It is an action best left to the objective experts who serve on the Building Standards Commission. Undetermined at this time. The Building Division of the City of Chula Vista recommends opposition to this bill based on its negative impact on the process for reviewing and adopting the most efficient and effective building standards. DATE TO COUNCIL RECOMMENDATION OPPOSE /9//1 LETTERS YES Legislative Committee May 18, 1999 c:\ 1 999\ANAL YSES\ab1626.ana Legislation Subscribe Bill Info Past Sessions Codes Statutes Constitution lof7 http://www.sen.ca.gov/htbin/testbi...O.AB I 626]CURR VER. TXT; I /billl AB 1626 .~l!!!!~!:~!~~!.I!~!:S~!~?!:AumOiTV Faq ~Current Session Legislation~ AB 1626 Building standards. BILL NUMBER: AB 1626 AMENDED 04/21/99 AMENDED IN ASSEMBLY APRlL 21,1999 AMENDED IN ASSEMBLY APRlL 12, 1999 INTRODUCED BY Assembly Member Migden (Principal coauthor: Assembly Member Torlakson) FEBRUARY 26, 1999 A.n act to amend Sections 17922, 18916, 18930, 18931, and 18938 of the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGEST AB 1626, as amended, Migden. Building standards. The State Housing Law requires building codes to confonn to the most recent editions of specified unifonn codes, and the California Building Standards Law separately lists the unifonn codes, the latest editions of which define a model code for purposes of that law. This bi11 would generally require building codes to confonn to the model codes listed in the California Building Standards Law, which the bi11 would recast to refer to the most recent edition of specified model codes, or to specified amendments to a model code. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. SECTION 1. Section 17922 of the Health and Safety Code is amended to read: 17922. (a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 and the other rules and regulations, which are contained in Title 24 ofthe California Code of Regulations, adopted, amended, or repealed from time to time pursuant to this chapter shall be adopted by reference, except that the building standards and rules and regulations shall include any additions or deletions made by the department. The building standards and rules and regulations shall impose substantially the same requirements as are contained in the model codes specified in Section 18916 and the Unifonn Housing Code of the International Conference of Building Officials, except its definition of "substandard building." (b) Except as provided in Section 1 7959.5, local use zone requirements, local fire zones, building setback and side and rear yard requirements, and property line requirements are specifically and entirely reserved to the local jurisdictions, notwithstanding any requirements in this part. / ~,. /7 5/4/19993:11 PM Legislation http://www.sen.ca.gov/htbin/testbi...O.AB I 626]CURR VER. TXT; l/hilll AB 1626 (c) Regulations other than building standards that are adopted, amended, or repealed by the department, and building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, governing alteration and repair of existing buildings and moving of apartment houses and dwellings shaH permit the replacement, retention, and extension of original materials and the continued use of original methods of construction as long as the hotel, lodginghouse, motel, apartment house, or dwelling, or portions thereof, or building and structure accessory thereto, complies with the provisions published in the State Building Standards Code and the other rules and regulations of the department or alternative local standards adopted pursuant to subdivision (b) of Section 17920.7 or 17958.5 and does not become or continue to be a substandard building. Building additions or alterations that increase the area, volume, or size of an existing building, and foundations for apartment houses and dwellings moved, shall comply with the requirements for new buildings or structures specified in this part, or in building standards published in the State Building Standards Code, or in the other rules and regulations adopted pursuant to this part. However, the additions and alterations shall not cause the building to exceed area or height limitations applicable to new construction. (d) Regulations other than building standards that are adopted by the department and building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 governing alteration and repair of existing buildings shall permit the use of alternate materials, appliances, installations, devices, arrangements, or methods of construction if the material, appliance, installation, device, arrangement, or method is, for the purpose intended, at least the equivalent of that prescribed in this part, the building standards published in the State Building Standards Code, and the rules and regulations adopted pursuant to this part in performance, safety, and for the protection of life and health. Regulations governing abatement of substandard buildings shall permit those conditions prescribed by Section 17920.3 that do not endanger the life, limb, health, property, safety, or welfare of the public or the occupant thereof. (e) No local enforcement agency may prohibit the use of materials, appliances, installations, devices, arrangements, or methods of construction specifically permitted by the department to be used in the alteration or repair of existing buildings, but those materials, appliances, installations, devices, arrangements, or methods of construction may be specifically prohibited by local ordinance as provided pursuant to Section 17958.5. (f) No local ordinance may permit any action or proceeding to abate violations of regulations governing maintenance of existing buildings, unless the building is a substandard building or the violation is a misdemeanor. SEC. 2. Section 18916 of the Health and Safety Code is amended to read: 18916. "Model code" means: (a) With respect to the building code, the most recent edition of the International Building Code and the 1nternational Residential Code authored by the International Conference of Building Officials. (b) With respect to the plumbing code, the most recent edition of the Uniform Plumbing Code authored by the International Association of Plumbing and Mechanical Officials, except for Section 103.1.3 of the Uniform Plumbing Code regarding licensing. (c) With respect to the mechanical code, the most recent edition of the Uniform Mechanical Code authored by the International Association of Plumbing and Mechanical Officials. /9 __ / Ý 2of7 5/4/19993:11 PM Legislation http://www.sen.ca.gov Ihtbinltestbi...O.AB 16261CURR VER.TXT; llbilV AB 1 626 (d) With respect to the electrical code, the most recent edition of the National Electrical Code authored by the National Fire Protection Association. (e) With respect to the fire code, the most recent edition of the Uniform Fire Code authored by the Western Fire Chiefs Association, Inc. (t) With respect to the building conservation code, the most recent edition of Appendix Chapter 1 of the Uniform Code for Building Conservation authored by the International Conference of Building Officials. (g) Only with respect to codes covering subject matter other than a subject matter covered by the codes listed in subdivisions (a) to (t), inclusive, the most recent edition of a model code authored by a national or international model code writing body and approved by the commission. (h) If the title or the authoring organization of a model code is different than the title or authoring organization specified in subdivisions (a) to (t), inclusive, that difference shall not affect that code's designation as a model code pursuant to this section if the commission finds that the authoring organization of the model code specified in subdivisions (a) to (t), inclusive, continues to be the author or a principal coauthor of the model code. SEC. 3. Section 18930 of the Health and Safety Code is amended to read: 18930. (a) Any building standard adopted or proposed by state agencies shall be submitted to, and approved or adopted by, the California Building Standards Commission prior to codification. Prior to submission to the commission, building standards shall be adopted in compliance with the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. Building standards adopted by state agencies and submitted to the commission for approval shall be accompanied by an analysis written by the adopting agency or state agency that proposes the building standards that shall, to the satisfaction of the commission, justify the approval thereof in terms of the following criteria: (1) The proposed building standards do not conflict with, overlap, or duplicate other building standards. (2) The proposed building standard is within the parameters established by enabling legislation and is not expressly within the exclusive jurisdiction of another agency. 30f7 (3) The public interest requires the adoption of the building standards. (4) The proposed building standard is not unreasonable, arbitrary, unfair, or capricious, in whole or in part. (5) The cost to the public is reasonable, based on the overall benefit to be derived from the building standards. (6) The proposed building standard is not unnecessarily ambiguous or vague, in whole or in part. (7) The proposed building standard consists of a model code specified in Section 18916 or, if determined to be appropriate by the commission, the proposed building standard consists of an amendment to a model code specified in Section 18916 that is either (A) based upon a national or international specification or published standard, or (B) justified by a written statement submitted to the commission with the proposed building standard. /J- 17 5/4/19993:11 PM Legislation http://www.sen.ca.gov/htbin/testbi. . .O.AB 1626]CURR VER. TXT; 1 /bill/ AB 1626 (8) The format of the proposed building standards is consistent with that adopted by the commission. (9) The proposed building standard, if it promotes fire and panic safety, as determined by the State Fire Marshal, has the written approval of the State Fire Marshal. (b) In reviewing building standards submitted for its approval, the commission shall consider only the record of the proceedings of the adopting agency, except as provided in subdivision (b) of Section 11359 of the Government Code. (c) Where the commission is the adopting agency, it shall consider the record submitted to, and considered by, the state agency that proposes the building standards and the record of public comment that results &om the commission's adoption of proposed regulations. (d) (1) The commission shall give great weight to the determinations and analysis of the adopting agency or state agency that proposes the building standards on each of the criteria for approval set forth in subdivision (a). Any factual determinations of the adopting agency or state agency that proposes the building standards shall be considered conclusive by the commission unless the commission specifically finds, and sets forth its reasoning in writing, that the factual determination is arbitrary and capricious or substantially unsupported by the evidence considered by the adopting agency or state agency that proposes the building standards. (2) Whenever the commission makes a finding, as described in this subdivision, it shall return the standard to the adopting agency or state agency that proposes the building standards for a reexamination of its original determination of the disputed fact. (e) Whenever a building standard is principally intended to protect the public health and safety, its adoption shall not be a "factual determination" for purposes of subdivision (d). Whenever a building standard is principally intended to conserve energy or other natural resources, the commission shall consider or review the cost to the public or benefit to be derived as a "factual determination" pursuant to subdivision (d). Whenever a building standard promotes fire and panic safety, each agency shall, unless adopted by the State Fire Marshal, submit the building standard to the State Fire Marshal for prior approval. (f) Whenever the commission finds, pursuant to paragraph (2) of subdivision (a), that a building standard is adopted by an adopting agency pursuant to statutes requiring adoption of the building standard, the commission shall not consider or review whether the adoption is in the public interest pursuant to paragraph (3) of subdivision (a). SEC. 4. Section 18931 of the Health and Safety Code is amended to read: 18931. The commission shall perform the following duties: (a) In accordance with Section 18930 and within 120 days from the date of receipt of adopted standards, review the standards of adopting agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval. When building standards are returned for amendment or rej ected, the commission shall inform the adopting agency or state agency that proposes the building standards of the specific reasons for the recommended changes or rejection, citing the criteria required under Section 18930. When standards are not acted upon by the commission within 120 days, the standards shall be approved, including codification and publication in the California Building Standards Code, without further review and without return or rejection by the commission. /9 - e2éJ 40f7 5/4/19993:11 PM Legislation http://www.sen.ca.gov/htbin/testbi...O.AB 1 626]CURR VER. TXT; l/hill! AB 1626 (b) Codify, including publish, only building standards of adopting agencies or state agencies that propose the building standards that consist of the model codes specified in Section 18916 and amendments thereto, and statutes def'ming building standards into one California Building Standards Code. (c) Resolve conflict, duplication, and overlap in building standards in the code. (d) Ensure consistency in nomenclature and format in the code. (e) In accordance with Section 18945, hear appeals resulting from the administration of state building standards. (f) Adopt any procedural regulations which it deems necessary to administer this part. (g) The commission shall direct the executive director to prepare a comprehensive listing of all state amendments developed for publication in the California State Building Code (Part 2 (commencing with Section 101), Title 24, California Code of Regulations), referencing the 1994 Edition of the Uniform Building Code, as published by the International Conference of Building Officials, for the period beginning January 1, 1995, through December 31, 1995. The listing shall identify the following: (1) Each new state amendment to the 1994 Edition of the Uniform Building Code, as published by the International Conference of Building Officials, and the state agency that adopted the new amendment. (2) (A) The analysis justifying the adoption or proposal of the amendment identified in paragraph (1), submitted pursuant to paragraph (2) of subdivision (a) of Section 18930. (B) The analysis justifying the adoption or proposal of the amendment identified in paragraph (1), submitted pursuant to paragraph (3) of Section 18930. (C) The analysis justifying the adoption or proposal of the amendment identified in paragraph (1), submitted pursuant to paragraph (5) of Section 18930. (D) The analysis justifying the adoption or proposal of the amendment identified in paragraph (1), submitted pursuant to paragraph (7), or to subparagraph (A) or (B) of paragraph (7) of subdivision (a) of Section 18930. (3) Existing state amendments, published in earlier editions of the California State Building Code (Part 2 (commencing with Section 101), Title 24, California Code of Regulations), which are published in the California State Building Code referencing the 1994 Edition of the Uniform Building Code, as published by the International Conference of Building Officials. (4) The California Building Standards Commission's determination as to whether the amendment referred to in paragraph (3) continues to be justified under the criteria set forth in Section 18930. The commission shall use information gathered in the study required by Chapter 1289 of the Statutes of 1990 in making its determination, and may also request information from the state agency that adopted or proposed the amendments. The commission shall perform this task to the extent feasible, and within the existing budget constraints during the triennial adoption process of the California Building Standards Code, referencing the 1994 Edition of the Uniform Building Code as published by the 1nternational Conference of Building Officials. The commission shall be authorized to reduce the scope of the review should fiscal restraints warrant this action. In the event a reduction in the scope of the review is made, the commission shall give priority to those sections of the California State Building Code (Part 2 (commencing with 1;-':2-/ 50f7 5/4/19993:11 PM -_.,,---,,_..._,,-_.._~- ,- ,-.--.-.-.--------<---- Legislation http://www.sen.ca.gov/htbin/testbi...O.AB 1626]CURR VER. TXT; l/bilV AB 1626 Section 101), Title 24, California Code of Regulations) that directly affect residential construction. (5) Upon completion of the comprehensive listing required by this subdivision, the commission shall inform the public and all state agencies with the authority to develop building standards that the listing has been completed, and that copies will be made available upon request. SEC. 5. Section 18938 of the Health and Safety Code is amended to read: 18938. (a) Building standards shall be filed with the Secretary of State and codified only after they have been approved by the commission and shall not be published in any other title of the California Code of Regulations. Emergency building standards shall be filed with the Secretary of State and shall take effect only after they have been approved by the commission as required by Section 18937. The filing of building standards adopted or approved pursuant to this part, or any certification with respect thereto, with the Secretary of State, or elsewhere as required by law, shall be done solely by the commission. (b) The building standards contained in the model codes set forth in Section 18916, as amended, or incorporated by reference in the California Building Standards Code, shall apply to all occupancies throughout the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission or at a later date after publication established by the commission. (c) (1) Except as otherwise provided in this subdivision, an adoption, amendment, or repeal of a building standard shall become effective 180 days after its publication in the triennial edition of the California Building Standards Code or one of its supplements, or at any later date as approved by the California Building Standards Commission, with the exceptions of building standards adopted by the Occupational Safety and Health Standards Board, standards adopted pursuant to Section 25402 of the Public Resources Code, and those regulations that implement or enforce building standards. (2) Building standards adopted by the Occupational Safety and Health Standards Board and those regulations that implement or enforce building standards shall become effective 30 days after filing by the commission with the Secretary of State. (3) This subdivision shall not apply to emergency building standards, and building standards approved pursuant to subdivision (b) of Section 142.3 of the Labor Code and published pursuant to subdivision (b) of Section 18943. (4) An amendment or a repeal of a building standard in the California Building Standards Code that, as determined by the commission, would result in a less restrictive regulation, shall become effective 30 days after filing ofthe amendment or repeal by the commission with the Secretary of State. (d) Emergency standards defined in subdivision (a) of Section 18913 shall become effective when approved by the commission, and filed with the Secretary of State, or upon any later date specified therein, and remain in effect as provided by Section 11346.1 of the Government Code and Section 18937 of this code. Emergency standards shall be distributed as soon as practicable after publication to all interested and affected parties. Notice of repeal, pursuant to Section 11346.1 of the Government Code, of emergency standards defined in subdivision (a) of Section 18913 within the period specified by that section, shall also be given to the parties by the affected agencies promptly after the termination of the statutory period pursuant to Section 1 1346.1 of the Government Code. (e) This section shall not apply to the time limits set forth in Sections 17922 and 17958 for approval of uniform codes and for changes by local agencies in the California / <j -02. 2.. 6of7 5/4/19993:11 PM Legislation http://www.sen.ca.gov/htbin/testbi...O.AB I 626]CURR VER. TXT; I /bill! AB 1626 Building Standards Code. Home Senators Leeislation Committees Schedules Offices/Caucuses AudiorrV Faqs/Links Please send any questions or comments about this site to WebMaster{a)sen.ca.eov 19-;;'3 ? of? 5/4/19993:11 PM ,......... RESOLUTION NO. ) t) '/ t..!> RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA SUPPORTING SB 911 EMERGENCY CARE THE CITY OF (FIGUEROA) , WHEREAS, SB 911 would expand California's Good Samaritan law by affording legal protection to trained users of automated external defibrillators (AEDs), just as it does to those who perform Cardiopulmonary Resuscitation (CPR); and WHEREAS, the bill would provide immunity from civil liability, but would also include training requirements similar to those for CPR; and WHEREAS, although the passage of SB 911 does not guarantee that more AEDs will be purchased and made available at public gathering places, this bill will remove one of the primary impediments to their use; and WHEREAS, the recommendation to support SB 911 is based on the desire of the Legislative Committee to afford common sense protection to trained users of AEDs which, in turn, has the potential to increase the survival rate of those who suffer sudden cardiac arrest in public gathering place. NOW, THEREFORE, BE IT RESOLVED the city of Chula vista does hereby support Emergency Care. City Council of the SB 911 (Figueroa), Shirley Horton, Mayor Approved as to form by "he!::,:! :5e) Presented by Joh H:\home\attorney\reso\sb911 11/1'/ RESOLUTION NO. ) '7 IiI- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING AB 842 (MIGDEN), CHARTER SCHOOLS WHEREAS, AB 842 would mandate that charter school employees be members of a bargaining unit, such as the California Teachers Association (CTA); and WHEREAS, this bill is vehemently opposed by charter school teachers; and WHEREAS, the recommendation to oppose AB 842 is based on the Legislative Committee's opposition to state intervention in matters which are inherently local and on the city's long-standing opposition to actions by the state which infringe on the local decision-making process. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby oppose AB 842 (Migden), Charter Schools. Presented by Approved as to form by Shirley Horton, Mayor KahenÒi:7 ~:y ) .- H:\home\attorney\reso\ab842 /~ß~/ RESOLUTION NO. /9ýt. 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING AB 1626 (MIGDEN) , BUILDING STANDARDS WHEREAS, AB 1626 would overturn the appellate court decision and require the Building Standards Commission to adopt and enforce only those standards included in the International Association of Plumbing and Mechanical Officials (IAPMO) codes; and WHEREAS, this action wold prevent the Building Standards Commission from adopting the most effective and efficient codes for construction in California, and sets a precedent for allowing the State Legislature to determine appropriate codes; and WHEREAS, in addition to the obvious concern with allowing non-experts to specify standards about which they are not necessarily knowledgeable, this bill will require the Building Standards Commission to appeal henceforth to the Assembly, Senate and Governor for special legislation to enact future changes to the state's building codes each year; and WHEREAS, the recommendation to oppose AB 1626 is based on the Legislative Committee's desire to prevent the politicization of building standards in California which are enforced by city and county building officials. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby oppose AB 842 (Migden), Charter Schools. Presented by Approved as to form by Shirley Horton, Mayor A~ H:\home\attorney\reso\ab1626 /fL'1