HomeMy WebLinkAboutAgenda Packet 1992/02/18
¡'j declare under penà1ty of perJury thaf I gm
emp:o:,:e·j hi the City of Chule V¡s·~a ¡n th~
Or¡;~e of the City Clerk and t:1a¡ I pos::ed
T d F b 18 1992 t:lls t\Jend¡¡/Noti'òe on the Bulletin Board at C i1 Ch b
ues ay, e ruary, th p. r . B lid' d t Cit It /I ounc am ers
6 00 e UD IC erv, es U mg an a a on P bl' S . B ild'
: p.m. DATED. /'1 1.2. SIGNED . .. U lC emces u mg
Re
CAlL TO ORDER
1. ROlL CAlL: Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone -' and
Mayor Nader _.
2. PLEDGE OF AlLEGIANCE TO TIIE FLAG. SILENT PRAYER
3. ,APPROVAL OF MINUTES: February 4,1992
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of plaque from the National US/Mexico Sister Cities Association to the Chula
Vista Irapuato Sister City Commission for third place in the nation -- a merit for outstanding
programs and participation in 1991.
b. Presentation of a Japanese umbrella, Odawara lantern, tapestry, and other items from our
Sister City Odawara, Japan, to the City of Chula Vista donated by Mrs. Doris Cox, Emeritus
member of the International Friendship Commission. Also, a presentation of a certificate
of appreciation to Mrs. Cox.
c. Oath of Office: Design Review Committee - Alex Galchenko
International Friendship Commission - Gabriela Carman
d. Presentation of Award Plaque for design of Memorial Park.
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following iJems lisœd under the Consent CaIendor will be eJJOJ:ted by the
Council by one motion wiJhout discussion unless a CounciJmember, a member of the public or City staff requests
that the it£m be pulled for discussion. If you wish to speak on one of these iJems, pleiJse fill out a "Request to
Speak Form" avaùable in the lobby and submit it to the City Clerk prior to the meelÍ1Ig. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposiJion to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items and Boards and
Commission Recommendations. Items pulkd by the public will be the first iJems of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting installation of traffic signal at Otay Lakes Road and Gotham Street -
Thomas A. Davis, 1657 Gotham Street, Chula Vista, CA 91913.
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Agenda -2- February 18, 1992
b. Letter regarding formation of a TwinPorts Task Force by the City of San Diego and
expansion of Phase I Economic Impact Study - Penny Allen, Chair, Chula Vista Economic
Development Commission.
c. Letter regarding traffic concerns on Oleander and Sequoia Avenues - William F. Speir, 1543
Oleander Avenue, Chula Vista, CA.
d. Oairns Against the City - Albert M. Chatham, c/o Robert T. Gustafson, Attorney at Law, 226
Church Avenue, Chula Vista, CA 91910-2703. It is the recommendation of the City's claims
consultants, Carl Warren & Company, and Risk Management, that the Application for Leave
to Present a Late Claim be denied.
6. RESOLUTION 16503 APPROVING GRANT APPUCATION FOR TIIE STATE OF CAUFORNlA'S
HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM - The citizens of
Chula Vista generate approximately 400 tons of household hazardous waste
each year, most of which is disposed of illegally in the landfill. If awarded
funding under this grant program the City would begin a household
hazardous waste reduction and proper disposal awareness program. Staff
recommends approval of the resolution and authorize the City Manager to
execute. (Administration)
7. RESOLUTION 16504 APPROVINGANAGREEMENTWITHEASTLAKEDEVELOPMENTCOMPANY
REGARDING TIIE INTER1M FIRE STATION IN EASTLAKE - The agreement
provides for an interim Fire Station No.6 to be constructed and equipped
by EastLake Development Company on Lane Avenue in the EastLake
Business Center. The agreement preserves and clarifies the intent of the
existing EastLake I SPA Agreement, Part lll: Public Facilities Financing Plan
and will enhance the level of fire protection services in eastern Chula Vista.
Target date for opening interim Fire Station No. 6 is 5/10/92. Staff
recommends approval of the resolution. (Fire Chief)
8. RESOLUTION 16505 RATIFYING AN AGREEMENT WITH TIIE CAUFORNIA DEPARTMENr OF
HOUSING AND COMMUNlTYDEVELOPMENT (HCD) TO PROVIDE $2,000
OF HOME FEDERAL HOUSING FUNDS - The agreement provides that the
State will transfer $2,000 from the State's HOME funds for the purpose of
becoming a participating jurisdiction. The transfer is conditioned on the
Council's adoption of the 1991/96 Housing Element on 3/10/92, submittal
to the State by 3/12/92, and a subsequent review and rmding by HCD that
the adopted Element is in substantial compliance. Staff recommends
approval of the resolution. (Director of Community Development)
9. RESOLUTION 16506 APPROVING AN AGREEMENT WITH FN PROJECfS TO PROVIDE LOW
AND MODERATE INCOME HOUSING WITHIN SALT CREEK 1 - Condition
No. 11 of the Tentative Map required the applicant to reach an agreement
with the City to devote 10% of the project units to low and moderate
income housing. The agreement provides for 2.5% low and 7.5% moderate
income housing within the Salt Creek I 'Condominium Project Area'. The
developer will subsidize the low income units by depositing $301,878.15
into an escrow account to be used by the City to assist approximately
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Agenda -3- February 18, 1992
thirteen low income purchases in Salt Creek I. Staff recommends approval
of the resolution. (Director of Community Development)
10. RESOLUTION 16507 APPROVING STATE-LOCAL PARTNERSHIP PROGRAM MASTER
AGREEMENT NUMBER SLTPP-5203 BETWEEN TIIE QTY OF CHULA
VISTA AND THE STATE OF CAUFORNlA AND AU1HORIZING TIIE QTY
ENGINEER TO SIGN AU. PROGRAM SUPPLEMENTS TO STATE-LOCAL
TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT - Council
Resolutions 14150, 15738, and 16259 approved the submittal of
applications for State-Local Transportation Partnership Program funds in
cycles 1, 2, and 3. In order to qualify for funding under said program the
City is required to enter into an agreement with the State that delineates
certain responsibilities relative to the prosecution of all projects in the
different cycles. There will be one program supplement agreement for
each project. Staff recommends approval of the resolution. (Director of
Public Works)
II. RESOLUTION 16508 APPROVING AN AGREEMENT FOR PAYMENT OF CONSTRUCTION COSTS
FOR STREET IMPROVEMENTS ON FIFTH AVENUE FRONTING TIIE VIlLA
DEL REY CONDOM1NIUMS - On 3/14/90, the Planning Commission
approved Tentative Map 90-5, the Villa Del Rey Condominiums. A
condition of approval required the developer to construct street
improvements on Fifth Avenue along the frontage of the property. In lieu
of constructing the improvements, the developer has entered into an
agreement to pay the City for constructing the improvements in
conjunction with a capital improvement project. Staff recommends
approval of the resolution. (Director of Public Works)
12. REPORT DRAFT AMENDMENTS TO THE OTY'S SIGN ORDINANCE TO ADDRESS
SIGN PROCESSING, ELECTRONIC READER BOARD SIGNS, AND
COMBINATION SIGN MURAlS - On 1/28/92, Council directed the City
Attorney and Planning Department staff to prepare draft amendments to
the City's sign ordinance to address: 1) Modifying the process for review
of sign permits by the Zoning Administrator and the Design Review
Committee; 2) Allowing electronic message board signs in commercial
zones; and, 3) Allowing combination sign-murals which may exceed the
size restrictions for conventional signs. The Council also requested that the
draft amendments be distributed to several groups and organizations for
initial review and comment, and returned to Council for further
consideration at their meeting on 2/18/92. Staff recommends the Council
confirm that the draft amendments are consistent with Council direction,
and direct staff to process these amendments and receive input from
relevant Boards and Commissions. (City Attorney & Director of Planning)
. . END OF CONSENT CALENDAR· .
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Agenda -4- February 18, 1992
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following iJems have been advertised and/or posted as public IJearîn&Y as required by low. If you wish to speak
to any item, please fill out the "Request to Speak Form" avaùable in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendotion; complete the pink form
to speak in opposition to the staff recommendotion.) Comments are IimiIed to five minutes per individual
13. PUBUC HEARING GPA-91-04, PCZ-91-F, QTY-INITlATED PROPOSAL TO AMEND THE
GENERAL PLAN FROM "RESEARCH AND UMITED MANUFACl1JRING" TO
"RETAIL COMMERCIAL", TO AMEND TIIE MONTGOMERY SPEaFlC PLAN
FROM "RESEARCH AND UMITED INDUSTRIAL" AND "OTHER" TO
"MERCANTILE AND OFFlCE COMMERCIAL" AND TO REZONE FROM I-L-P
TO C-C-P CERTAIN THREE ACRE TERRITORY LOCATED SOUTH OF
PALOMAR STREET BETWEEN BROADWAY AND TIIE METROPOUTAN
TROlLEYDEVELOPMENfBOARD (MIDB) PALOMAR TROlLEYSTATION -
The City-initiated General Plan Amendment, Montgomery Specific Plan
Amendment, and rezone for three acres located on the southerly side of
Palomar Street are required actions for implementation of an expanded
18.2 acre Palomar Trolley Center commercial project pursuant to
Council/Redevelopment Agency direction in August 1990. Staff
recommends Council place the Ordinance on first reading and approve the
resolutions. (Director of Planning) STAFF RECOMMENDS TIfAT TIIE
PUBUC HEARING BE OPENED AND CONTINUED TO 2/25/92.
ORAL COMMUNICATIONS
This is an opportuniJy for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an it£m on tJús agenda. (Stote low, Iwwever, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subjec~ please complete the yellDW "Request to Speak Under Oral Canrmunü:ations Form" avaùable in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, pleiJse give your 1UU1U! and address
for record purposes and follow up action. YOIU time is IimiIed to three minutes per speaker.
ACl10N ITEMS
The items lisœd in tJús section of the agenda are expected to elicit substontial discussions and deliberations by the
Council, staff, or members of the general public. The iJems will be considered individually by the Council and staff
recommendations may in certoin cases be presented in the altenuJtive. Those who wish to speak, pleiJse fill out
a "Request to Speak" form avaùable in the lobby and submit it to the City Clerk prior to the meelÍ1Ig. Public
comments are IimiIed to five minutes.
14A REPORT LETTER REQUESTING APPROVAL OF A RESOLUTION SUPPORTING A
COMMITTEE TO ENACf A PATRIOTIC ALTERNATIVE TO COMMERCIAL
TAKEOVER OF AMERICAN AIRCRAFT PRODUCl10N AND MAINTENANCE
(pAC.T.) . Support of a resolution was requested by William Hickey, Sr.,
San Diego Area Director, PAC.T., 4150 Kearny Mesa Road, San Diego, CA
92111, as a Written Communication of 2/4/92. Two alternatives are
presented. Continued from 2/11192 meeting.
B. RESOLUTION 16502 SUPPORTING EFFORTS TO FIND ASUITABLE ALTERNATIVE TO FOREIGN
INVESTMENTS IN MCDONALD DOUGLAS AND GENERAL DYNAMICS
CORPORATION
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Agenda -5- February 18, 1992
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the Ci1y Cauncü will consider iJems whü:h have been forwarded to them for consideration by one
of the City's Boards, Cammissions and/or Committees.
None submitted.
ITEMS PUlLED FROM THE CONSENT CALENDAR
This is the time the Ci1y Council will discuss iJems whü:h have been removed from the Consent Calendar. AgendiJ
iJems pulled at the request of the public will be considered prior to thase pulkd by Councilmembers. Public
comments are limited to five minutes per individual
OTHER BUSINESS
15. aTY MANAGER'S REPORTCS)
a. Scheduling of meetings.
16. MAYOR'S REPORTCS)
a. Ratification of appointment: Human Relations Commission - Elsie Hashimoto
b. Board and Commission recommendations.
c. Advance availability of staff material on agenda items.
17. COUNaL COMMENTS
Councilman Rindone:
a. Enforcement Technology notification letters and procedures.
b. Water Taxi.
c. Mayor's salary and expenses.
d. Status report on the commercial usage of Bayfront.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Kerby v. City of Chula Vista, et
al.
Impending threatenedlpotentiallitigation pursuant to Government Code Section 54956.9 relating
to use of prevailing wages in conjunction with Proposition A, Public Works project.
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February
25, 1992 at 6:00 p.m. in the City Council Chambers.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
February 12, 1992
Mr. Alex Galchenko
1358 Calieme Loop
Chula VISta, CA 91910
Dear Mr. Galchenko:
During the City Council meeting of February 11, 1992, you were appoimed to fill a vacancy on the City's
Design Review Committee. My congratulations on your appointmem to this Important commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 18,1992. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. In the
evem you are unable to attend this meeting, please call the City Clerk's office at 691·5041 and she will
gladly make other arrangemems with you so that you can take the oath.
The secretary to this commission will send you Information regarding the meeting dates. Should you have
any questions, please feel free to comact her at 691-5101.
Conflict of Interest - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of Imerest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect financial imerests. The Commission to which
you are appolmed has been Idemified In Chula Vista's Conflict of Imerest Code and you are required to
file a Statemem of Economic Imerest Form 730 upon assuming office (within 30 days of swearing in),
yearty by April 1, and a leaving office statement. Failure to file these documents with the City Clerk carries
a state· mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your cominued imerest in serving the City of Chula Vista.
Sincerely,
..r: /le'~--
Tim Nader
Mayor
LMM:dv
appoim
cc: City Clerk
Maureen Haynal
'Ie - /
276 FOURTH AVENUEICHULA VISTA. CALIFORNIA 919101(619) 691-5044
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CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
Februæy 12, 1992
Ms. Gabriela Carman
103 'L' Street
Chura Vista, CA 91911
Dear Ms. Carman:
During the City Council meeting of February 11, 1992, you were appointed to fill a vacancy on the City's
International Friendship Commission. My congratulations on your appointment to this important
commission.
The Oath of Office will be administered by the City Clerk during the regular City Council meeting on
February 18, 1992. It will be held at 6:00 p.m. in the Public Services Building, 276 Fourth Avenue. In the
event you are unable to attend this meeting, please call the City Clerk's office at 691·5041 and she will
gladly make other arrangements with you so that you can take the oath.
The secretary to this commission will send you information regarding the meeting dates. Should you have
any questions, please feel free to contact her at 691-5055.
Conflict of Intereat - According to the Fair Political Practices Commission, all local government agencies
are required to adopt conflict of interest codes designating certain positions which entail the making, or
participation in the making, of decisions which may affect. financial interests. The Commission to which
you are appointed has been identified in Chula Vista's Conflict of Interest Code and you are required to
file a Statement of Economic Interest Form 730 upon assuming office (within 30 days of swearing in),
yearly by April 1 , and a leaving office statement. Failure to file these documents with the City Clerk carries
a state-mandated fine of $10 per day. You may wish to review a blank or sample completed form prior
to accepting office. The City Clerk's Office stands ready to help you with the forms at any time.
Thank you for your continued interest in serving the City of Chula Vista
Sincerely,
_r: ~d1-
-
Tim Nader
Mayor
LMM:dv
appoint
cc: City Clerk
Lorraine Alexander
L/c-3
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
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February 14, 1992
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City ManagetJti, ~~
SUBJECT: City Council Meeting of February 18, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, February 18, 1992. Comments regarding the Written
Communications are as follows:
Sa. This item is a letter from Mr. Thomas A. Davis, 16S7 Gotham Street, Chula
Vista, expressing dissatisfaction with the City's traffic signal priority
system and the delay in the construction of a traffic signal at Otay Lakes
Road and Gotham Street. Mr. Davis contends that the recent construction
of the signal at Camino Del Cerro Grande and Otay Lakes Road was
constructed ahead of a number of other intersections with a higher
priority; spec ifi ca lly the intersect ion of Otay Lakes Road and Gotham
Street.
The intersection of Otay Lakes Road and Gotham Street was ranked number
one on the 1990 City Traffic Signal Priority List. The intersection of
Anita and Industrial was ranked number two and the intersection of Otay
Lakes Road and Camino Del Grande was ranked number three in 1990..
The rankings of traffic signal candidate intersections are based on the
City's traffic signal policy in which points are assigned to a variety of
traffic factors. The factors that influence the ranking of an
intersection signal candidate are volumes entering the intersection on the
major streets, volumes entering the intersection on the minor street,
pedestrian activity, accident history, and design considerations. The
primary reason the Otay Lakes Road/Gotham Street intersection ranked
number one was the traffic in and out of the college and not the traffic
from Gotham Street.
When the fiscal year 1990-91 Capital Improvement Program was being
prepared it was discovered that the County was planning a transit center
at Southwestern College. The traffic conceptual plans indicated that the
transit center would have its access from Otay Lakes Road to the two
driveways serving the college parking lot opposite Gotham Street and
Elmhurst Street. It was concluded that the access for the transit center
would affect the distribution of college traffic. Redistribution of
college traffic due to the transit center could reduce traffic conflicts
at the Gotham Street intersection and cause a greater impact at the
Elmhurst Street intersection. In addition, the actual construction of the
transit center could require the relocation of any signals installed in
advance of the transit center itself. It was for these reasons the Otay
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Lakes Road and Gotham Street signal was not recommended for signalization
in the 1990-91 fiscal year Capital Improvement Program.
The concept plan for the transit center is now complete. Ingress to the
transit center will be from Gotham Street and egress on Elmhurst Street.
In consideration of college traffic and bus access, it was determined that
a signal would be much more effective if located at the intersection of
Otay Lakes Road and Elmhurst Street. It was further determined that a
shift in traffic volumes on Gotham Street east of Otay Lakes Road
alleviated the need for a traffic signal at Gotham Street.
An agreement between the City, County, and Southwestern College to proceed
with the Southwestern College Transit Center project will appear before
the City Council within the next two months. Funds for the transit center
project are available from the Regional Transit Development Act (TDA)
funds. City traffic signal funds will not be required.
It is worthy to note that Mr. Davis' concern for traffic safety in his
neighborhood resulted in the installation of all way stop controls at
three locat ions on Gotham Street. The stop controls were intended to
impede and discourage motorists from using Gotham Street as a through
route. Since the open i ng of Rutgers Street to East "H" Street, and
installation of the three stop signs, traffic volumes have diminished from
2500 to 1100 vehicles per day on Gotham Street. The decision to defer the
signal at Gotham Street and the redistribution of co 11 ege traffic
resulting from the transit center plans could have an even more beneficial
effect on Gotham Street neighborhood traffic. The Elmhurst neighborhood,
on the other hand, should not be affected by the construction of a traffic
signal at Elmhurst Street and Otay Lakes Road since Elmhurst Street is not
a through route.
IT IS THEREFORE RECOMMENDED THAT MR. DAVIS' LETTER BE RECEIVED AND FILED.
5b. This is a proposal from the Chula Vista Economic Development Commission to
request that a citizen advisory committee be formed by the City of San
Diego to monitor the preparation of a Twinports Master Plan. A second
proposal is to request that the Phase I economic study for the Master Plan
also consider the economic impact of buildout with the currently approved
land uses.
Chula Vista is on record strongly opposing Twinports. A ballot advisory
measure is planned for June 1992. Any citizen task force would be led and
controlled by the City of San Diego. Participation by Chula Vista at this
po i nt cou 1 d be taken as support for the process. Therefore, IT IS
RECOMMENDED THAT THE REQUEST FOR A TASK FORCE BE RESPECTIVELY ACKNOWLEDGED
BUT DECLI NED.
With regard to the economic impact study, the point is well taken that the
study should look at opportunity costs as well as benefits, and
alternative impacts of Twinports versus no Twinports. IT IS RECOMMENDED
THAT A LETTER BE SENT FROM THE MAYOR TO THE CITY OF SAN DIEGO SUPPORTING
THIS REQUEST OF THE ECONOMIC DEVELOPMENT COMMISSION.
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5c. This is a letter from Mr. Thomas Speir of 1543 Oleander Avenue requesting
relief from traffic problems on Sequoia Street adjacent to his home.
Specifically, Mr. Speir is requesting that Sequoia Street be closed just
west of Brandywine Avenue. Mr. Speir contends that most of the vehicles
traveling on Sequoia Street originate from the Point Robinhood area and
that closing Sequoia Street would divert this traffic to Brandywine
Avenue.
It is worth noting that Brandywine Avenue will eventually connect to
Medical Center Drive to the north when the Sunbow Development is
constructed. When this occurs, traffic patterns in the neighborhood will
change and probably provide some traffic rel ief on Sequoia Street.
Closing Sequoia Street as suggested by Mr. Speir would also place an
inconvenience on those neighborhood residents who would be forced to
travel out of direction. Further, closing off Sequoia Street would cut
off direct access to the school on Oleander Avenue by residents to the
south and east. Even if Sequoia Street were to be closed, Mr. Speir would
still be confronted with the traffic noise from traffic on Oleander Street
since his home is located at the corner of Oleander Avenue and Sequoia
Street.
IT IS RECOMMENDED THAT NO ACTION BE TAKEN ON MR. SPEIR'S REQUEST AND THAT
HIS LETTER BE RECEIVED AND FILED.
5d. IT IS RECOMMENDED THAT THIS APPLICATION TO PRESENT A LATE CLAIM BY ALBERT
M. CHATHAM BE DENIED.
JDG:mab
trans
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Thomas A. Davis I ~ ~ ..,' ,~, '~'-
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1657 Gotham Street .. ..~----.~ --"---'92 FEB 12 A9 :12
Chula Vista, CA 91913
421-6577 CITY
February 8, 1992 CiTY
The Mayor and City Council of the City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Mayor and members of the City Council:
The reason for corresponding with you is to point out
an inconsistency that seems to exist in the way funds are
allocated for the installation of traffic signals. These
inconsistencies result in unnecessary and prolonged traffic
hazards for the citizens.
This situation is exemplified by pointing out that
during the week of February 3, 1992, installation of a
traffic light, and extensive curb work required by federal
regulation for the "physically challenge", was completed at
the intersection of Otay Lakes Road and Camino Del Cerro
Grande. The "warrants" for this intersection have never
placed it high on the city's priority list for funding
traffic lights. In fact, unti 1 two recent accidents that
occurred in the general vicinity of this intersection
(related to excessive speed and a curve in Otay Lakes Road
to the north of the intersection), the intersection did not
even appear on the priority list at all.
As an additional point of interest, close to the Otay
Lakes Road/Camino Del Cerro Grande intersection is an exist-
ing traffic signal two hundred yards north of the intersec-
tion (Allen School Road) , and another less than a quarter of
a mile south (Avd Del Rey/Ridgeview Way). Also, of an aver-
age of about 2200 vehicles that enter Otay Lakes Road daily
from the cross street, the clear majority of outbound traf-
fic enters from the east side and uses the already marked
right hand turn lane to merge with the north bound Otay
Lakes Road traffic. Returning traffic turns left from a
marked lane on Otay Lakes Road east bound into the cross
street in the generous gaps provided by nearby traffic
signals. Pedestrial traffic is close to nonexistent.
In a convoluted staff decision involving something
over $100,000 dollars, a signal was approved for the Camino
Del Cerro Grande intersection, and not at a number of inter-
, sections with a higher priority. For example, the intersec-
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The Chula Vista City Council. February 8, 1992. Page 2.
tion at Otay Lakes Road and Gotham Street has ranked number
one on the traffic light funding priority list since 1990
(and in the top six since 1988); the intersection of Bay
Boulevard and Anita Street is currently ranked number two.
Funding and installation of a traffic light and curb im-
provements were approved for Camino Del Cerro Grande despite
intersections with higher priorities.
Information provided by the Traffic Engineer to explain
the inconsistency in city policy indicates that within the
past year a plan has been put forward by the County of San
Diego to construct a "transportation center" on the grounds
of South Western College (a project that absolutely no one
knows about in the area around the college). This "plan"
seemed to involve the installation of a stop light at either
the intersection of Elmhurst Street and Otay Lakes Road, or
Gotham Street and Otay Lakes Road. The decision as to which
intersection should get the light was not made until recent-
ly when the tentative location of the transportation center
was made and Elmhurst was chosen. The key consideration in
this whole process was that part or all of the traffic light
costs might be picked up by the county. The "transportation
center" is still in the planning stage and best estimates
for completion is sometime in 1993.
I do not think that it is proper to allow citizens to
continually face years of high risk at intersections deter-
mined by the city's own criteria to require traffic lights,
and then fund and install traffic signals at intersections
with lower priorities. The current justification that the
city will "save money" by postponing the installation of a
high priority light at Otay Lakes and Gotham Street trades
off public safety for a speculative transfer of funds from
one tax source to another" and seems completely unjustified
as the reason for not funding the Otay Lakes Road/Gotham
Street stop light. All of the signals on the priority list
are required; only the lack of funds prevented the immediate
resolution of the traffic control problems at these inter-
sections. If funds are available, required signals should be
installed without delay. The "priority" list should be
meaningful" or discarded if it is so arbitrarily applied.
I appeal to the City Council to give some sense of
correctness to the policy that governs staff decisions for
the installation of traffic signals. I fully appreciate the
potential for "saving" the City of Chula Vista some money by
getting the county to fund part or all of a signal's cost
(from the sales tax road repair fund). However, only one
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The Chula Vista City Council. February 8, 1992. Page 3.
intersection on the priority list was in the least way
affected by this odd situation. Even then the Gotham/Otay
Lakes Road top priority ranking existed before the "trans-
portation center" idea came along. The fact that higher
priorities existed before planning began for the light at
Otay Lakes and Camino Del Cerro Grande (certainly the city's
longest street name - two complete lines on the street sign)
also points up the inconsistency of the decision.
I request that there be no further delay in installing
a traffic signal at Otay Lakes Road and Gotham Street - the
number one priority on the funding plan for two years, and
high on the list for at least two years before that. If the
plan for a "transportation center" ever actually material-
izes at South Western College, then the matter of an addi-
tional traffic light at Elmhurst Street should be considered
at that time.
~[.
om Davls
.
S~-3
-.....----
ALLEN & company
community relations· markl't research
«~,
February 6, 1992 ~ ~ ~~~~
Ct:: ~ ''':> ~"
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The Hon. Tim Nader
Mayor
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader,
On Tuesday, February 4, 1992, the San Diego City council approved
a recommendation to "accept an FAA Airport Improvement Program
(AlP) grant of $144,000 for purposes of completing Phase I of the
Twinports Master Plan," and to "enter into a contract to complete
Phase I of said Master Plan."
At present, Phase I of the plan contains no provision for the
formation of a citizen advisory task force to monitor the plan's
preparation. It is the contention of the Economic Development
Commission that, given the potential economic impact the building
of the Twinports airport would have on the City of Chula Vista, the
City should be represented and have an ability to be involved in
overseeing any master planning for the airport.
Therefore, by a unanimous vote, the city of Chula vista Economic
Development Commission recommends the city of Chula vista:
Request that the City of San Diego form a broad based
citizen advisory task force, including a representative
from the City of Chula vista, to monitor the preparation
of the Twinports Master Plan.
Further, the City of Chula vista should also request that
the proposed Phase I economic impact study be expanded
to include an analysis of the projected economic impact
if Twinports is not constructed, and build out is
completed based upon the currently approved land use
designations for the Otay Mesa site.
The Economic Development Commission would be pleased to select one
of its members to serve as the City's representative, should a
TwinPorts Task Force be formed.
Go ~\ [\\( ('i) W~·'~~··P'¡N COA4\MUNiCATIONS
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-- ---~-----_._--~-~--_._-------- ----._-~.._-_.__._--"--_.,'- --.----
Economic Development Commission Recommendation
February 6, 1992
Page Two
Thank you for your consideration.
Sincerely,
~
Penny
Chair
Chula vista Economic Development Commission
51>-;(.
------ - - ....-. ----- ----"~~_._~_._--
February 7, 1992
The Honorable Tim Nader
Mayor of Chula Vista!¡'Ì U I;' I
276 Fourth Avenue : I 'I r----~- '
. 'U¡"
Chula V1sta, CA 91910 I; U.' ,
LffB12. ,,}
Dear Mayor Nader, ~,..__~_ ,.. ~ 1.../ i
CidC' , -'~
We have a very serious vehicular tr . 'pf¡;¡..Im '"(:n ou
neighborhood. I live on the corner of Oleander an·' Avenues
at 1543 Oleander Avenue. Out of curiosity I conducted a random
traffic survey of traffic passing by my residence. This survey
was conducted over a ten hour period in five, 30 minutes, segments
during a normal working day.
For a normally quiet neighborhood the results of the survey were
disheartening as not only to the hourly rate of traffic but also
the noise discomfort, air pollution, and property damage caused by
vehicle exhaùst blowing over my residence by the prevailing westerly
breeze.
Please refer to the attached illustration that gives the average
rate and direction of vehicular traffic during the survey period.
During the peak period of observation, from 7:31 a.m. to 8:01 a.m. ,
a period of 30 minutes, 300 vehicles passed by my residence; this
included commercial trucks, city and school buses and individuals
making a U-turn at the stop sign to deliver their children to the
local school.
Because of the severity of noise and pollution from the traffic
around this corner, I may be forced to move from my residence in
order that I may sleep during the day when I work the graveyard
shift six weeks out of an eighteen week rotation.
Mayor Nader, I know I have appeared before the City Council and .
have corresponded with you on a proposed re-routing of the Chula
Vista Transit Bus Route 703 to eliminate it from Sequoia Avenue. Now
I am appealing to you to take a good look at our traffic problem. On
the average, over 80% of the vehicles using Sequoia Ave. and over 50%
of the vehicles using Oleander Ave. originate from the Point Robinhood
area and for some reason do not use Brandywine Ave. and Orange Ave.
One solution is to close Sequoia Avenue to through traffic, thereby
provid~ing the neighborhood relief from the density of vehicles that
originate from the Point Robinhood area.
In closing, it would be a pleasure if you or a member of your
staff would visit me some work day morning around 7 a.m.to have
coffee and observe the traffic from my residence to gain your own
impressions of the problem.
10.~ L\~) .JerelY,
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COUNCIL AGENDA STATEMENT C'¡
Item .:Ja
Meeting Date 2/18/92
ITEM TITLE: Claim Against the City
SUBMITTED BY: Director of personnel~ (4/5ths Vote: Yes_ No~)
REVIEWED BY: City Manage~
Claimant: Mr. Albert M. Chatham
c/o Robert T. Gustafson
Attorney at Law
226 Church Avenue
Chula vista, CA 91910-2703
On January 14, 1992, Mr. Albert M. Chatham filed an application
for leave to present a late claim against the city of Chula vista. The
attached claim alleges personal injuries were received in connection with
an incident involving our Police Department on January 31, 1991, including
anxiety, indignity and emotional distress from having been placed under a
citizen's arrest.
Because of the excessive delay in submitting this claim, and because
of questionable liability, it is recommended by the city's claims consult-
ants, Carl Warren & Company, and Risk Management, that the Application for
Leave to Present a Late Claim be denied.
RECOMMENDATION: Deny Application for Leave to Present a Late Claim.
J
5d-/
Form A-113 (Rev. 11/79)
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date02/18/92
ITEM TITLE: Resolution / ~5Í:J 3 Approving Grant Application
for state of California Household Hazardous Waste
Grant Program
SUBMITTED BY: Conservation coordinator~
REVIEWED BY: City Manage~ ~~ (4/5ths Vote: Yes_No..lL)
BACKGROUND: California state Health and Safety Code prohibits the
disposal of hazardous waste at solid waste landfills. The County
of San Diego, in order to enforce the State law is currently
conducting load checks of vehicles entering the landfill; vehicles
found to contain hazardous materials may be fined. Any product
labeled warning, caution, poisonous, toxic, flammable, corrosive,
reactive or explosive is considered hazardous. Today, hazardous
materials can be found in almost every house and come in many
forms, including household cleaners, automotive products, paints
and solvents and pesticides.
Chula vistans dispose of an estimated 400 tons of household
hazardous wast'e each year, most of which ends up at the Otay
Landfill. In an effort to provide information to Chula Vista
residents about the importance of using alternatives to toxic
household hazardous products when available and to properly dispose
of waste from household hazardous products, City staff proposes to
develop a Household Hazardous Waste Reduction, Alternatives, and
Disposal Educational Awareness Project. This report describes the
proposed Project for FY 1992-1993 for which State grant funds are
being requested.
RECOMMENDATION:
Approve resolution for State of California Household Hazardous
Waste Grant Program application and authorize the City Manager to
execute.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. The Resource
Conservation Commission will be provided a copy of the grant, and
if awarded grant funding staff will bring the proposed Project to
the RCC for input.
DISCUSSION:
The California Integrated Waste Management Board established a
Household Hazardous Waste Grant Program that awards grants, on a
competitive basis, to cities, counties, and local agencies
(jurisdictions) for local programs that help prevent the disposal
/;-/
of hazardous waste, including household hazardous waste, at solid
waste landfills.
The proposed Household Hazardous Waste Reduction, Alternatives, and
Disposal Educational Awareness Project to be developed under the
grant will provide information and educational materials to school
children and adults in the Chula vista community. Attachment A
provides an overview of the proposed Project. Through the Project,
an intern will be hired to work with the City's Conservation
Coordinator to target classrooms (K-Middle and Junior High) for
household hazardous material curricula usage. This curricula and
other informational materials have been developed by the
Environmental Health Coalition (EHC), a local non-profit
organization contracted by the County of San Diego to provide
regional educational awareness of hazardous waste.
If awarded funding, staff proposes to contract with EHC to provide
classroom presentations, teacher in-service trainings and
corresponding curricula and materials. Staff also proposes to
contract with EHC to offer printed materials and presentations to
adults (both in English and in Spanish). Additionally, staff
proposes to purchase a mobile educational display unit that will
provide pictures, samples and information on household hazardous
waste to be set-up in public areas.
Grant Requirements
The total proposed project is estimated to cost $47,826. Funding
from the State grant program is being requested at $39,493.
Although not required, matching local contributions to the State
Grant Program application are desired by the State and will enhance
the chances of being awarded funding. If awarded the grant, staff
will return to Council to accept the grant and appropriate the
funds. This proposal includes approximately $165 in "hard match"
(including paper and stencils for printing); soft match funding, in
the amount of $5,413, will be provided through the activities of
the Conservation Coordinator, printing staff, and related support
staff. Additionally, the Environmental Health Coalition will
provide an in-kind donation of literature, valued at an estimated
$930; the County of San Diego will provide an in-kind donation of
literature, media assistance, and technical consultation, valued at
an estimated $1,825.
The due date for the grant application submittal to the California
Integrated Waste Management Board (in sacramento) is February 28,
1992 by 4:00. A copy of the grant application will be on file in
the City Manager's Office as of 2/17/92.
FISCAL IMPACT: There is no fiscal impact as a result of this
action. If the grant application is approved by the State, all of
the city's matching funds ("hard" and "soft") are currently
appropriated. The additional donation of literature will be
provided directly by the Environmental Health Coalition; the County
will provide their in-kind donation of literature, media support
and technical consultation directly as well.
6-,2
ATTACHMENT A
GRANT ELEMENT 2: PROJECT OVERVIEW
ELEMENT 2: OBJECTIVES OF THE CITY OF CHULA VISTA'S HHW REDUCTION
AND DISPOSAL AWARENESS PROJECT
1. TO FOSTER AN INCREASED AWARENESS IN SCHOOL CHILDREN OF THE
PROBLEMS CREATED BY THE PRESENCE OF HHW IN THE HOME, COMMUNITY,
AND IN THE ENVIRONMENT.
Action steps
1. Survey schools to determine those that are currently using
the HHW Curriculum developed by EHC.
2. Based on results of Action step One, contract with the EHC
to provide curricula and related materials, in-service
trainings, and presentations to Teachers and school children
in Chula vista.
3. Distribute HHW informational brochures as take-home
materials directed toward an increased awareness, in both
school children and adults, of the problems related to the
presence of HHW.
4. Develop additional educational materials for school
children directed toward an increased awareness of the
problems relating to HHW.
2. TO FOSTER AN INCREASED AWARENESS IN ADULTS OF THE PROBLEMS
CREATED BY THE PRESENCE OF HHW IN THE HOME, COMMUNITY AND IN THE
ENVIRONMENT.
Action steps
1. Distribute EHC informational brochures and fact sheets and
City informational flier which outline the problems generated
by the improper handling and disposal of HHW and provide
suggestions for nontoxic alternatives.
2. Disseminate HHW reduction and proper disposal information
targeting adults by means of a mobile educational display to
be set up in public locations such as shopping malls and
èommunity fairs.
3. Contract with EHC to offer HHW educational presentations
to targeted adult groups within the City to include spanish-
speaking individuals, senior citizens, and at least one High
School.
¡-J
-_._~......-
4. utilize established Neighborhood Watch Program and
volunteer infrastructure for community outreach through
literature dissemination, forums and neighborhood event
participation.
5. utilize the city of Chula vista's existing Business
Recycling Outreach Project to foster employee awareness,
targeting specifically employees residing within the City and
surrounding area.
3 . TO CREATE A CONSUMER AWARENESS OF ALTERNATIVES TO THE USE OF
TOXIC MATERIALS IN HOUSEHOLDS.
Action steps
1. Contract with EHC to print additional copies of their
recently developed consumer shopping booklet which outlines
alternative products that may be utilized as substitutes for
common household products that are considered toxic.
2. Contract with EHC to develop Spanish translated version of
consumer shopping booklet, and print booklet.
3 . Disseminate consumer shopping booklets (English and
Spanish) by means of mobile educational display to be set up
in public locations such as shopping malls; through community
presentations and by mail upon request.
4. Establish consumer awareness of nontoxic product
alternatives to toxic products within school educational
programs, adult presentations and at literature distribution
points.
5. Target one local store for consumer awareness of toxic
household products and nontoxic alternatives commonly found in
stores. This aspect of the proposed Project would provide the
basis for a model consumer awareness program through the
establishment of an ongoing HHW awareness literature
distribution display at the targeted store and "point-of-
purchase" signage in order to foster greater awareness of the
availability of safe alternatives in retail stores.
4. TO EDUCATE THE WASTE GENERATOR ABOUT THE PROPER DISPOSAL OF HHW
Action steps
1. As part of the educational awareness for all ages
described in Action Steps One and Two, City staff and EHC will
include in all presentations information on the importance of
1) if a toxic product must be used, to only purchase what is
necessary; 2) use the product until the container is empty,
and 3) dispose of any unused product properly.
t-Lj
..----.-...--.--...--....-
2. Disseminate information regarding the proper means of
disposal of HHW in the city of Chula vista and South Bay
Region, through the presentations, mobile educational display
unit, and other points of literature distribution, as
described in the above Action steps.
3. Work with local media to promote household hazardous
awareness collection events in the South Bay region, and to
periodically advertize the availability of collection at
APTEC.
5. TO INSTITUTIONALIZE HHW CURRICULUM AS A PART OF THE CHULA VISTA
SCHOOL DISTRICT CURRICULA
.
Action steps
1. As described in Action Step One, the City would contract
with the EHC for the purpose of presenting Teacher workshops
and classroom presentations to familiarize teachers with the
EHC HHM curriculum. Through the Project evaluation, and
ongoing follow-up, City staff would monitor the continued use
of the curricula, and encourage additional adoption of the
curricula in other classroom through teacher networking,
"word-of-mouth", and continued targeting of schools for
curricula usage.
2. Provide HHM educational information to the school district
for the purpose 'of distribution to school children who will
then take the information home to their parents.
h-Þ /6-'
RESOLUTION NO. /¿5'b3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING GRANT APPLICATION FOR
THE STATE OF CALIFORNIA'S HOUSEHOLD
HAZARDOUS WASTE GRANT PROGRAM
WHEREAS, the City of Chula Vista recognizes that it is in the public
interest to enact and implement an integrated waste management plan to address
the state's diminishing landfill space and the potential adverse environmental impacts
from landfilling; and
WHEREAS, funds have been established by Assembly Bill 2448 (Eastin,
1987), and are available from the Solid Waste Disposal Site Cleanup and
Maintenance Account in the General Fund through the California Integrated Waste
Management Board for grants to local governments to establish and implement
waste diversion and separation programs to prevent disposal of hazardous waste,
including household waste, in solid waste landfills.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista authorizes
the submittal of an application to the California Integrated Waste Management Board
for a Household Hazardous Waste grant.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula
Vista is hereby authorized and empowered to execute in the name of the City of
Chula Vista all necessary applications, contracts, and agreements and amendments
hereto for the purposes of securing grant funds and to implement and carry out the
purposes specified in this application.
Presented by ~~rm
Athena Lee Bradley, Conservation 'Bruce M.
Coordinator Attorney
C:\Rs\Housohold WBSte grant
&'~7
-.--..----------------..-
COUNCIL AGENDA STATEMENT
Item 7
.
Meeting Date 02/18/92
ITEM TITLE : Resolution 16;i~1'APprOVing an Agreement with
Eastlake Development Company Regarding the
Interim Fire Station in Eastlake.
SUBMITTED BY : Fire chief5b~ ,
REVIEWED BY : Ci ty Manager,J';¡ ~k' {4/5TH Vote: Yes__No~}
This agreement provides for an interim Fire Station #6 to be
constructed and equipped by Eastlake Development Company on Lane
Avenue in the Eastlake Business Center. This agreement preserves
and clarifies the intent of the existing Eastlake-I SPA Agreement,
Part III: Public Facilities Financing Plan, and, will enhance the
level of fire protection services in eastern Chula Vista. Target
date for opening interim Fire Station #6 is May 10, 1992.
RECOMMENDATION: Approve the Resolution
BOARDS/COMMISSIONS RECOMMENDATION: None Applicable
DISCUSSION:
Under the Eastlake-I SPA Agreement, Part I I I: Public Facilities
Financing Plan (dated February 19, 1985) Eastlake was obligated to
provide a one-acre fire station site, and, construct and equip a
permanent fire station located in the Eastlake-I Village Center.
Since the signing of this agreement in 1985, two significant City
policies have been implemented. First, in 1989 the Fire Station
Master Plan was adopted by the City Council. The Fire station
Master plan identified a new, sixth, City fire station sited within
the salt Creek Ranch development. This fire station was sited in
the Salt Creek Development in lieu of the Eastlake Fire Station for
better overall response times in the City's eastern territories.
Secondly, the Fire Suppression System component of the Public
Faci li ties DIF was implemented. Eastlake was now obligated to
assist in funding the salt Creek Station via Developer Impact Fees.
Due to the inuninent Otay Ranch development, there is growing
concern that the salt Creek Ranch site may not be optimal for a
permanent facility. Once plans for the Otay Ranch are more
completely determined, staff will be compelled to reexamine siting
of the permanent fire station.
7-1
Page 2, Item /'
Meeting Date 02/18/92
Given the present phasing for the salt Creek Ranch development, it
would not be prudent to construct a permanent fire station in Salt
Creek at this time. However, because significant development has
occurred within the area, a sixth City fire station is needed to
meet the operational requirements of the Fire Department. City
staff has been meeting with Eastlake to negotiate the terms and
conditions for constructing and equipping an interim fire station
in Eastlake. As a result of this process, the City and Eastlake
have agreed upon a preferred site for the interim facility in the
Eastlake Business Center on Lane Avenue at Fenton Street (see
Exhibit #7 of the attached agreement). It is anticipated that the
interim site will be needed for three to five years.
should the City need to use the temporary site for other, non-
emergency related ancillary activities, such as overnight parking
of Public Works Operations' vehicles working in the area, City
staff and Eastlake have agreed to discuss the conditions under
which such uses would be permitted.
The total cost for building and equipping Interim Fire Station #6
is estimated at approximately $489,700. This figure includes all
site preparation, the modular building, the truck port, util i ties
hook-ups, landscaping and City staff services ($177,350) for which
Eastlake is directly responsible.
Concurrently, City (Fire Department) staff will be responsible for
coordinating with Eastlake the acquisition of a triple combination
pumper, and, fire fighter related equipment, tools and gear
($312,350). Under this agreement, Eastlake will bear all costs
related to the original furnishings, fixtures and equipment for the
station (including any costs up to 15\ in excess of the agreement's
estimates) . should project costs exceed the agreement's estimates
and the 15% cost overrun contingency, the City would be obligated
to pay the excess amount. However, these excess costs would be
added to the fire portion of the Development Impact Fee (DIF) and
the City would be reimbursed from the DIF. The Fire Department's
FY 1992 budget contains funding for one-quarter of a year of
staffing (9.0 positions) at interim Fire Station #6. The City wi 11
annualize these personnel costs in FY 1993.
The proposed agreement represents a "win-win" proposition for the
City and Eastlake. In addition to gaining the interim fire
station, the proposed agreement conunits Eastlake to buil d a
permanent fire station should the preferred permanent site be
within the Eastlake development. The Fenton Avenue site is also
more conducive to fire operations than a site in the Village Center
(i. e. , less pedestrian and vehicular traffic than the original
7-.2-
.--.-
Page 3, Item ?
Meeting Date 02/18/92
Village Center site considered by staff). The proposed agreement
enables Eastlake to free-up the one-acre Village Center site for
commercial use. Under the terms of this agreement, the
City agrees to process at the developer's expense a SPA Amendment
for the Vi 11 age Center which, if approved, would convert the
previous open space/public use designation of the one-acre fire
station site to a commercial use designation. The City's agreement
to process the proposed amendment does not imply that said SPA
Amendment will be approved.
As discussed in the agreement, further study, taking into account
development plans for the otay Ranch, is needed prior to making a
final determination as to the preferred permanent location for Fire
Station #6. If it is decided to locate the permanent fire station
in Eastlake, the agreement calls for Eastlake to finance the cost
of that station within specific time lines (dependent upon the
selected location). The agreement does, however, permit Eastlake
to request extension, in time, if they have not recovered 80\ of
the cost associated with the interim station. These costs are
recovered through credits against the fire portion of the DIF,
which are used at the time building permits are pulled. (The 80%
level is to be evaluated in conjunction with any refunds owed
Eastlake and paid by the DIF and/or any offsetting DIF funds which
are contributed to the cost of the permanent station. ) The City
does, however, retain the right to make the final determination of
whether an extension is to be granted. Based on Eastlake's current
development plans, 80\ of the interim fire station costs would be
recovered through credits alone in approximately five years.
During the time between the final determination of the preferred
site and the building of a permanent fire station (within or
outside of Eastlake) , the interim fire station will remain in
operation.
FISCAL IMPACT: Eastlake Development Company will be funding
the costs associated with this agreement. The Eastlake Development
Company shall be entitled to credit against all, or a portion of,
the Fire Suppression System component of the Public Fad li ti es
DIF. Estimated project costs are $489,700. If utilized, the 15\
contingency would fund up to $73,455 in costs in excess of this
estimate.
The Fire Station #6 operating costs of $172,500 for partial year
funding were budgeted in the 91/92 budget. Approximately $600,000
will be required in FY 1993 to operate the fire station for a full
year.
?~3 /7- ~
RESOLUTION NO. /ø5tJtj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH EASTLAKE
DEVELOPMENT COMPANY REGARDING THE INTERIM FIRE
STATION IN EASTLAKE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, this Agreement provides for an interim Fire
station #6 the costs of which are to be advanced by EastLake and
reimbursed from the DIF, and provides that the Interim Fire station
is to be constructed and equipped by Eastlake Development Company
on Lane Avenue in the Eastlake Business Center; and
WHEREAS, this agreement preserves and clar if ies the
intent of the existing Eastlake-I SPA Agreement, Part III: Public
Facilities Financing Plan, and, will provide an appropriate level
of fire protection services in eastern Chula vista; and
WHEREAS, the target date for opening interim Fire station
#6 is May 10, 1992.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the "Agreement For an
Interim and Permanent Fire station in EastLake", dated January 29,
1992" with EastLake Development Company regarding the interim fire
station in EastLake, a copy of which is on file in the office of
the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by ed as
,~ Lope'_ Fire Chief }.=ce MA
Attorney
C:\RS\EL Interim Fire Statioo.
7.,5/7- ¡,
.._--,---_.,-_.~_.~
,
.
.
AGREEMENT
FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTLAKE
This Agreement, dated this 6th day of February, 1992, for
the purposes of reference only, and effective as of the date last
executed by the parties, is between the city of Chula Vista, a
chartered municipal corporation of the State of California,
("City") and Eastlake Development Company, a California General
Partnership, hereinafter referred to as the "Developer", and is
made with reference to the following facts:
1 Recitals.
1.1 The Fire Station Master Plan of the City of Chula Vista
identified a permanent site for a new, sixth City fire station
within the Salt Creek Ranch development. Because the Salt Creek
Ranch is presently in the General Development Plan stage and
lacks supporting infrastructure, it would be infeasible to
construct a permanent fire station within that development at
this time. However, given the development which has occurred in
the area, and the development which is underway, a sixth fire
station will be needed in the near future to meet the operational
requirements of the City's Fire Department in the area of
EastLake, EastLake Greens, Salt Creek Ranch, Rancho San Miguel,
and, if annexed to the city, the Western Parcel of the otay Ranch
("Prospective Area of Need"). Therefore, the purpose of this
Agreement is to cover the terms and conditions for developing and
equipping an Interim and possibly Permanent Fire station within
the Eastlake development. In addition, the development and
equipping of the Interim Fire station satisfies the requirements
outlined in the Fire station Master Plan (PART II, Section HI,
paragraph 2, page 35) dated February, 1989 and revised July 10,
1989, relating to the need for a fire station to be in operation
prior to Greens development proceeding south of the specified
area.
1.2 Under the Eastlake-I SPA Agreement, PART III: Public
Facilities Financing Plan dated February 19, 1985, and Tentative
Map No. 84-7, Condition No. 15, as set forth in Council
Resolution No. 11960, adopted March 19, 1985, the Developer is
obligated to provide a one-acre fire station site within the
Eastlake-I village Center, and, construct a permanent fire
station thereon, and to equip same.
1.3 While a new fire station may, depending upon the pace
of development, soon be needed to serve the Prospective Area of
Need, the city is still studying the optimal location for a
permanent site. Therefore, a fully equipped temporary fire
station ("Interim Fire Station") is needed to serve said Area.
2 Obligatory Provisions.
7'/
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The City and Developer hereby agree as follows:
2.1 provision of Land; Duration of Lease.
The Developer agrees to provide a minimum one (1) acre site,
acceptable to the City, for use as an Interim Fire station site,
for the period of time it takes the City to locate according to
the procedures herein established, finance, design, construct,
and commence operations at, a permanent Fire station in the
Prospective Area of Need.
2.1.1 Location of Interim Fire station site.
The Interim Fire station shall be located at the Lane
Avenue site, described in the Plot Plan as "Temporary site"
attached as Exhibit 1~
2.1.2 Nature of City's Occupancy Right.
The city shall have only that interest in the Interim
Fire station site as is provided in this Agreement and the
attached Exhibit 2, the "Interim Fire station site Lease" and
shall not accrue any fee interest in the interim site, except
according to the provisions of this Agreement. City and
Developer shall abide by all terms and conditions of Exhibit 2,
as if set forth fully in this Agreement.
2.2 BUILDING AND SITE IMPROVEMENT
2.2.1 Duty to Provide. The Developer shall provide
City with a turnkey Interim Fire station. Such a turnkey
facility shall include all buildings and site improvements as
described below and in Exhibit 4 of this Agreement, as well as
tenancy in the Temporary Site, at zero (0) dollars rent, as
provided in this Agreement, including Exhibit 2.
2.2.2 General Specifications.
2.2.2.1 station House. The Developer shall
provide for a temporary modular building of approximately 1500
square feet for City use as an interim fire station. Said
building shall consist of: three (3) bedrooms, two (2) 3/4
bathrooms, and common areas configured to include a kitchen,
dining area, living room, private office, public greeting area
and sufficient closet space. Developer shall meet and confer with
City regarding interior design of Interim Fire station.
2.2.2.2 Truck Port. The Developer shall provide
an enclosed and covered truck-port with minimum dimensions of
twenty feet (20') in width and forty feet (40') in length. Said
truck-port shall have doors with minimum clearance dimensions of
fifteen (15') in width and twelve feet (12') in height at both
ends. Developer shall meet and confer with city regarding design
of the Interim Fire station truck-port.
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2.2.2.3 station House-Truck Port Connector. The
Developer shall provide a covered patio to connect the modular
building and truck-port. Said patio covering shall afford City
personnel well lighted, unobstructed truck-port ingress and
egress without exposure to rain. Developer shall meet and
confer with City regarding design of the covered patio.
2.2.2.4 utilities. The Developer shall provide
all utility hook-ups (including water, sewer, gas, electric and
telephone, and cable television if cable television is available
during the time the interim fire station is operational)
landscaping and other non-building site work (including
driveways, turnarounds and paved areas for staff parking), and
all related street signage/signing (i.e. warning lights and/or
signs).
2.2.3 Processing Design.
The attached site plan provides a preliminary defini-
tion of the proposed Interim Fire station and its appurtenances.
Developer shall meet and confer with City regarding the final
configuration of the Interim Fire station facility. It is the
intent of both parties that the final configuration will conform
to the preliminary design (attached as Exhibit 3 & 4) and
description outlined above as closely as determined feasible by
the parties.
All site plans shall be reviewed by city staff in
accordance with the City's standard review procedures and shall
meet the City's applicable design, building and signage criteria.
All site plans shall be subject to review and approval by the
city's Boards, commissions and City Council. The city shall
specify in writing all reviews and approvals required.
In the event that the City and Developer are unable to
reach agreement after meeting and conferring as herein required,
the City shall have the right to make, at its sole discretion,
final revisions to any Interim Fire station modular building,
truck-port, landscape, signage or other site improvement designs.
The Developer shall be responsible for providing the
funds necessary to purchase the modular building, truck-port and
covered patio. The Developer shall be responsible for the costs
associated with undertaking all site-related and street-related
work. The costs estimated to be associated with the modular
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building, truck-port and patio and for site-related work are
individually summarized below and are estimated at $177,356.00.
MODULAR BUILDING $ 64,931
TRUCK-PORT $ 18,000
SITE PREPARATION $ 26,975
UTILITIES $ 20,000
(hookups, permits, etc.)
LANDSCAPE $ 18,700
City STAFF SERVICES $ 9,750
CONSULTANTS $ 19,000
TOTAL ESTXMATED COST $177.356
2.2.4 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS
The Developer shall be financially responsible for the
provision of the Interim Fire station site and Improvements,
whose Total Estimated Cost is $177,356, regardless of actual
cost, except as provided in the following Subsections.
2.2.4.1 Any additions, deletions or changes in
the size, design, fixtures of the modular building or provisions
of the site or its improvements (hereinafter "Building/Site
Changes" as set forth in Exhibits 3 & 4), shall be subject to a
cumulative cost limitation of fifteen percent (15%) of the total
estimated cost, so that all such Building/Site Changes shall not
result in additional costs to Developer in excess of $26,603.40
above the total amount estimated above (without regard for the
individual estimates). city shall not by this provision be
limited from making modifications should it determine to bear,
and advance at the time of expenditure by the Developer, the
financial responsibility for such changes; and
2.2.4.2 Developer's financial responsibility
under this Section shall not modify or in any way abridge
Developer's rights of credit and/or reimbursement as hereinbelow
provided with respect to "Development Impact Fee Credits
("DIF")."
2.2.5 Title to Building and site Improvements.
upon completion of the building and site improvements
made under the obligations of this Section, acceptance of same by
the city, and upon inclusion of same in the DIF assessment, title
to same, but not the land, shall be vested in the City, and
assigned to and accounted for in its General Fund.
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2.3 MAINTENANCE & UTILITIES
During the term of the lease, the City shall be responsible
for maintaining the property grounds and building as provided in
Exhibit 2, the "Interim Fire station Lease" and until then, the
Developer shall be responsible.
The City shall be responsible for utility costs after the
Interim Fire station becomes operational, and until then, the
Developer shall be responsible.
^For all purposes of this Agreement, the station will be
deemed "operational" when the Station is staffed by City
personnel and available for fire suppression duties.
2.4 STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be responsible for providing
furnishings, fixtures and equipment for the Interim Fire station
subject to the terms and conditions of this Agreement. Said
furnishings, fixtures and equipment shall meet all standards of
functionality, as are customary for City fire stations. An
inventory of such items is attached to this Agreement as Exhibit
5. The City reserves the right to make final amendments, at its
sole discretion, to Interim Fire Station and Fire Fighter
equipment requirements. Any such amendments shall be made by
City no later than one-hundred and twenty (120) days from the
date the station becomes operational. In any event, such equip-
ment shall not exceed the usual and customary fire station
equipment.
Developer shall be responsible for providing the funds
necessary to enable the City to purchase the fire pumper, pumper
related equipment, fire fighter related equipment and fire
station-related furnishings. These components, listed in Exhibit
5 along with their estimated cost, include, but are not limited
to, the following:
FIRE PUMPER: Triple combination, 1500 gallon per $223,762
minute fire pumper.
FIRE PUMPER Includes fire hose, nozzles, clamps $ 50,333
EQUIPMENT: and adapters; breathing apparatus;
mobile and portable radios; booster
lines; resuscitator; defibrillator;
and related tools.
FIRE FIGHTER Includes turn-out and related gear $ 13,554
EQUIPMENT: and manuals.
FIRE STATION Includes all related communications $ 24,713
FURNITURE , equipment, kitchen appliances,
FIXTURES AND furniture, lounge furnishings and
EQUIPMENT: exercise equipment.
TOTAL ESTIMATE $312,362
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2.4.1 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS ON
STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be financially responsible for the
funding of the City's acquisition of Fire Fighter and Fire
station equipment as provided hereinabove and the attached
Exhibit 5, whose Total Estimated Cost is $312,326, regardless of
actual cost, except as provided hereinbelow in the following
Subsections.
2.4.1.1 Any changes in the specification of
equipment, additions to equipment, or substitutions of equipment
provided hereinabove or in Exhibit 5 ("Equipment Changes") shall
be subject to a cumulative limitation of fifteen percent (15%) so
that all such Equipment Changes shall not result in additional
costs to Developer in excess of $46,854.30. The City shall not
be limited by this provision should it determine that additional
Equipment Changes are desirable at its own expense; and
2.4.1.2 Developer's financial responsibilities
pursuant to this section shall not modify or in any way abridge
Developer's rights of credit and/or reimbursement as provided
hereinbelow with respect to "Development Impact Fee Credits."
2.4.2 Upon provision of the furnishings and equipment
made under the obligations of this Section, acceptance of same by
the City, and upon inclusion of the costs for same in the DIF
assessment, title to same shall be vested in the City.
3 PROCUREMENT AND FINANCING
The Developer shall be responsible for procuring financing
and bearing all other costs related thereto, and providing to
city all buildings and site improvements as provided and limited
in this Agreement.
The Developer shall be responsible for providing the neces-
sary funds to the City for any equipment described in Exhibit 5
of this Agreement subject to the limitations herein specified.
Upon request for such funds from city, Developer shall remit said
funds within thirty (30) days of the request.
Developer shall procure all items detailed in Exhibit 4 in
accordance with the terms and conditions set forth in section 4:
"Developer Construction of Various Public Facilities," of City
Ordinance #2320, which established the Public Facilities Develop-
ment Impact Fee and which is attached as Exhibit 6.
4 ADMINISTRATION OF CONTRACT
The City hereby designates the City Manager, or his
designee, as its representative for the review and administration
of the work performed by Developer herein required.
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The Developer shall be responsible for reimbursing city for
City staff services that are directly related to the development
of the interim fire station, as is usual and customary for City's
standard capital projects, including, but not limited to, plan
design and review, and site/building inspection. Such reimburse-
ments shall accrue to City at the full cost recovery rate.
The City shall be responsible for all City staff costs
including general operating and insurance costs once the station
becomes operational.
5 DEVELOPMENT IMPACT FEE CREDITS
In consideration of the funding requirements herein placed
on the Developer, the Developer, and its successors as herein
permitted, shall be entitled to a credit against all or a portion
of the Fire Suppression System component of the Public Facilities
Development Impact Fee (DIF) in the manner herein provided.
5.1 Permissible Expenditures. The credit shall be
determined following a cost accounting of expenditures which
takes into account:
5.1.1 the costs associated with the furnishings,
fixtures, and equipment for the Interim Fire
station, as herein required of the Developer
and detailed in Exhibits 4 and 5 and
including contingency costs, if incurred.
Authorized costs shall include authorized
amendments made by the City within one-
hundred and twenty days from the date the
station becomes operational; and,
5.1.2 the costs associated with the Interim Fire
Station building and site improvement, as
herein required of Developer and including
contingency costs, if incurred; and,
5.1.3 the costs for street improvements associated
with the use of the facility as an Interim
Fire Station, such as caution signs, warning
lights, etc, but not for developing any
infrastructure which may serve other parcels;
5.1.4 all reimbursements for City staff services
and City Consultant costs that are directly
related to the development of the interim
fire, as described in section 5;
5.1.5 any special assessments, property based
taxes, special taxes or owner's association
dues paid by Developer while the site is
being used as an Interim Fire Station; and
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Should the parcel be used as a site for a
permanent fire station, upon conveyance of same to
the City:
5.1.5.1 Neither city nor the Public Facilities
DIF shall be responsible, under any
conditions, for paying an any special
assessment, special taxes, or owner's
association dues, including monthly
charges of the Eastlake Business Center
Owner's Association; and,
5.1.5.2 Developer shall receive DIF credit for
costs of reallocating the Business
Center Owner's Association among the
remaining Business Center parcels.
5.1.6 Any direct demolition costs incurred by the
Developer in removing any building or site
improvements abandoned by the City upon
termination of the lease term, net of the
fair market value of same. In the event that
any Developer receives more for the value of
said improvements upon sale there of than the
direct cost of demolition, Developer shall
pay said excess over to the City. No claim
hereunder shall be permitted except upon
proof of disposition of the building and site
improvements by the Developer, and proof of
proceeds therefrom.
5.1. 7 All other expenses associated with the
Interim Fire station which are accepted by
the City and included in the present DIF
assessment or future DIF assessments, as
provided in section 5.2 & 5.3 below.
5.2 Processing of Credits; Accounting Due Date. Said
accounting shall be performed at Developer's expense one-hundred
and thirty (130) days after the Interim Fire station becomes
operational. The City shall review said accounting within thirty
(30) days of submission of a complete accounting by Developer.
The city may challenge any expense itemized by Developer. If an
expense is challenged, Developer and city shall use good faith to
reconcile differences. The City shall, however, be the final
arbiter as to what is an acceptable expense for purposes of
determining the Developer's' DIF credit against the Fire
Suppression System component of the Public Facilities DIF.
5.3 Annual Updating. The city shall make a good faith and
best effort to update the Fire Suppression system Fund component
of the Public Facilities DIF once a year to account for the
Interim Fire Station costs, and to account for accepted periodic
expenditures (e.g. assessments and taxes) made by Developer in
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subsequent years when the site is still being used for an Interim
Fire station following its completion.
5.4 Use of Credits; Manner of Application. At such time as
the full costs incurred by Developer of the Interim Fire Station
are included by the City in the Fire Suppression System component
of the Public Facilities DIF, and the Developer's DIF-eligible
expenditures are determined by the City, the Developer shall be
entitled to meet its obligation to make DIF contributions (upon
the issuance of building permits) to the Fire Suppression System
component of the Public Facilities DIF by application of said
balance to the required DIF contribution. The amount of said
credits shall be equal to the then current (i.e., at the time the
building permits are pulled) DIF rate allocable to the Fire
suppression System component times the number of Equivalent
Dwelling units for which building permits are issued. Developer
shall have the right to assign all or a portion of its credits
from time-to-time to third parties, upon written notification to
City. As said application is made, the City shall determine the
difference between the DIF eligible expenditures made by the
Developer on the Interim Fire Station and applications made
against said amount under the authority of this section.
5.5 Refund. The terms of repayment or refund shall be in
accordance with the terms set forth in City of Chula vista
Ordinance No. 2320, which established the Public Facilities DIF
and which is attached as Exhibit 6, as such may be from time to
time amended.
6 TIMING
. The facility shall be completed, and ready to be utilized
within City's fire suppression and emergency response system, as
determined solely by City, by no later than June 30, 1992. All
equipment/furnishings, except as subsequently noted, shall be on-
site and installed no later than July 31, 1992 or, if the
facility is completed sooner, 30 days of completion of the
facility. Fire fighter equipment shall be available no later
than May 30, 1992, or if the facility is operational sooner,
sixty (60) days prior to the facility becoming operational. The
fire pumper shall be available by March 1, 1992. Developer shall
use good faith and best efforts to have the Interim Fire station
completed and to have all equipment available on the dates set
forth herein or upon later dates agreed to by the City. The time
frames set forth herein may be modified by mutual agreement of
the Parties. They shall be subject to the time required for City
approval of the site design and improvements, delays caused by
the unavailability of materials and equipment, war, earthquake,
flood, or national, state or regional emergencies.
7 TERM
The City shall have the right to occupy the Interim Fire
Station until such time as it takes the city to finance, design,
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construct, and commence operations at, a permanent Fire station
in the Prospective Area of Need.
8 PERMANENT FIRE STATION: SITE
8.1 Duty to Retain Interest During Term.
Developer shall not sell, hypothecate, or otherwise transfer
any interest in the Temporary site and shall remain able to
convey clear, marketable title to same, during the time city has
the right to occupy the Interim Fire station site, except in
conjunction with a sale, transfer or hypothecation of all or a
substantial portion of the interests of Eastlake Development
Company to a third party, including a pledge of assets as may be
required from time to time by any creditor of Developer, and then
only with 30 days advance written notice to the prospective
transferee, with a copy of same to the City, of the city's
interest under this Agreement.
8.2 Duty to Determine Permanent site Location.
FOllowing approval of the General Development Plan ("GDP")
for the western parcel of the otay Ranch and the land use element
of the General Plan ("LUE/GP") applicable to the western parcel
of the otay Ranch, the City shall commence determining its
location for the placement of a permanent station ("Permanent
station Site", or alternatively, "Permanent Site") in the
Prospective Area of Need, and shall use reasonable diligence to
determine said location, obtain financing, design, construct and
commence operations at the Permanent site not later than 5 years
from the date of approval of the GDP and the LUE/GP, or as soon
thereafter as is possible. The date upon which the city
determines the location of the Permanent Fire station shall be
herein referred to as the "Date of Permanent Site Determination".
8.3 Permanent site is at the Interim Fire station site.
If the Permanent site is determined by the City to be at the
location of the Interim Fire Station Site, the following rights
and duties obtain:
8.3.1 Duty to convey Fee Title to City.
Developer shall convey title to the Temporary site to
City, together with all improvements, appurtenances, rights,
privileges, and easements benefitting, belonging or pertaining
thereto, in fee simple, free of all monetary liens, taxes and
encumbrances.
8.3.2 Duty to Build and Equip Permanent Station.
If the Permanent Fire Station is at the location of the
Interim Fire Station Site, Developer will use good faith and best
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efforts to provide the Permanent Fire station when required by
the City, but in no event later than 18 months after the Date of
Permanent site Determination, subject to the right of Developer
to request extensions thereof, which request right is hereby
allowed upon proof submitted by the Developer that (1) Developer
has not recovered, through the use of credits against the fee for
fire facilities, eighty percent (80%) of Developer's eligible
costs associated with the Interim Fire station, as determined by
the City according to this Agreement, or (2) refunds paid to the
Developer in conjunction with the aforementioned credits are less
than 80% of Developer's eligible costs, or (3) funds contributed
towards the costs of the Permanent Fire station from the Fire
Component of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer's eligible
costs.
8.4 Permanent site is in EastLake, Not at the Interim site.
8.4.1 Permanent site is Supplied with Infrastructure
at the Date of Permanent site Determination.
If the Permanent site is determined by the City to be within the
territory of any tentative map, within City or City's "sphere of
influence" which is applied for, owned or sponsored by Developer
and served by paved streets, water, sewer, electricity, gas and
telephone utilities ("Served by Infrastructure"), the following
rules obtain: Developer will use good faith and best efforts to
provide the Permanent Fire station when required by the City, but
in no event later than 18 months after the Date of Permanent site
Determination, subject to the right of Developer to request
extensions thereof, which right to request is hereby allowed upon
proof submitted by the Developer that (1) Developer has not
recovered, through the use of credits against the fee for fire
facilities, eighty percent (80%) of Developer's eligible costs,
as determined by the City according to this Agreement, associated
with the Interim Fire station, as determined by the City
according to this Agreement, or (2) refunds paid to the Developer
in conjunction with the aforementioned credits are less than 80%
of Developer's eligible costs, or (3) funds contributed towards
the costs of the Permanent Fire Station from the Fire component
of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer's eligible
costs.
8.4.1.1 If the Permanent Fire Station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.4.2 Permanent Site is not Supplied with Infra-
structure at Date of Permanent Site Determination.
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If the Permanent Site is determined by the City to
be within the territory of any tentative map, within city or
City's "sphere of influence" which is applied for, owned or
sponsored by Developer but not Served by Infrastructure the
following rules obtain: Developer will provide the Permanent
Fire Station with reasonable diligence after said site is Served
by Infrastructure, but in no event later than 18 months after the
date upon which said Permanent site is Served with Infrastructure
subject to the right of Developer to request extensions thereof,
which request right is hereby allowed upon proof submitted by the
Developer that (1) Developer has not recovered, through the use
of credits against the fee for fire facilities, eighty percent
(80%) of Developer's eligible costs associated with the Interim
Fire Station, as determined by the city according to this
Agreement, or (2) refunds paid to the Developer in conjunction
with the aforementioned credits are less than 80% of Developer's
eligible costs, or (3) funds contributed towards the costs of the
Permanent Fire station from the Fire component of the Public
Facilities DIF in conjunction with the aforementioned credits are
less than 80% of Developer's eligible costs. Nothing herein
shall obligate the Developer to provide the Permanent Station
site with the above referenced infrastructure outside of the
normal course of development by virtue of its being selected by
the City as the Permanent Station site.
8.4.2.1 If the Permanent Fire Station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.5 Permanent site is Not in EastLake
If the Permanent Fire station is not within the territory of
any such map, Developer shall have no further obligation after
expiration of the lease term, with respect to such station under
the terms of this Agreement. Nothing herein shall obligate or
exempt the Developer from charges, taxes, assessments (including
impact fees) otherwise lawfully imposed.
In such case, City shall use its best efforts to acquire the
real property necessary for such a site and enter into agreements
with respect to its financing and construction as soon as
feasible.
8.6 Duty to "Provide" Fire Station.
As the term is used in this Agreement to impose on the
Developer a duty to provide a Permanent Fire station, it shall
mean that Developer shall do the following:
8.6.1 Provide the funds for, or, at the option of the
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.
. Developer, plan, design, and construct, to the specifications
reasonably set and approved by the City, a two bay, 4,000 square
foot fire station facility.
8.6.2 Irrespective of whether the permanent fire
station is located in EastLake, Developer shall not be required
to purchase requisite apparatus, equipment and tools as herein
required. That is to say, the apparatus, equipment and tools
purchased as required in this Agreement for the temporary Fire
station shall be ·transferred to the Permanent Fire station upon
completion of said Permanent Fire station.
8.7 City's Entitlement to Reimbursement for Land
Contribution.
Prior to the establishment of the Public Facilities DIF for
Fire Facilities, city negotiated with Developer for a one acre
permanent fire station site within the Eastlake-I Village Center.
This site was obtained by City in exchange for various project-
specific considerations granted by City. Having procured the
aforementioned one acre site for considerations of equal value,
and, having mutually agreed that a one acre site in the
Eastlake-I Business Park (the Temporary site) is the preferable
site if a permanent fire station is constructed in Eastlake, City
and Developer agree that city shall receive reimbursement from
the Public Facilities DIF: Fire Suppression System Fund for
providing the requisite land, if the Temporary Site is used for
the Permanent Fire station.
9 PROCESSING OF ENTITLEMENTS
City and Developer agree to the following as a result of
Developer's reserving a site (the temporary site or other site
within EastLake as specified above) for the Permanent Fire
Station:
1- The Eastlake-I SPA Agreement provision and subsequent
map condition (Tentative Map No. 84-7, Condition No.
15, Resolution No. 11960) requiring the dedication of a
one-acre fire station site within the Eastlake village
Center has been waived.
2. city agrees to process at Developer's expense a SPA
Amendment for the Village Center Area which, if
approved, would convert the previous Open Space/Public
Use designation of the one acre fire station site to a
commercial use designation. City's agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved. Furthermore, such
processing shall be subject to all discretionary City
actions and public hearings as required and, if
necessary, environmental review.
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3. city agrees to process a SPA Amendment for the area
surrounding the Temporary site. City's Agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved by City. Furthermore,
such processing shall be subject to all discretionary
City actions and public hearings as required. (See
Exhibit 7 for approximate boundary of the SPA
Amendment) .
10 ATTORNEY FEES
In the event of any dispute between the parties, the pre-
vailing party shall recover its attorney fees, and any costs and
expenses incurred by reason of such dispute.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the date first set forth.
City of Chula vista Developer
~
Mayor
Attest: Approved as to form by:
city Clerk Bruce M. Boogaard
City Attorney
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Exhibit List
Exhibit 1- The Lane Avenue site Plot Plan
Exhibit 2. Interim Fire station site Lease Agreement.
Exhibit 3. Preliminary design of the Interim Fire Station
site.
Exhibit 4. Building and site Improvements.
Exhibit 5. Furnishings, fixtures and equipment for the
Interim Fire Station.
Exhibit 6. section 4: "Developer Construction of Various
Public Facilities," of city Ordinance #2320, which
established the Public Facilities Development
Impact Fee.
Exhibit 7. Approximate Boundary of the SPA Amendment for the
area surrounding the Temporary site.
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ORIGINAL
INTERIM FIRE STATION SITE LEASE AGREEMENT
Exhibit 2
THIS LEASE, dated as of , 1991, is between
EASTLAKE DEVELOPMENT COMPANY, a California general partnership
("Landlord") , and THE CITY OF CHULA VISTA, a municipal corpora-
tion ("Tenant").
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES
1.1 Premises. Landlord leases to Tenant and Tenant hires
from Landlord, on the terms, covenants and conditions hereinafter
set forth, that certain real property (the "Premises") situated
within the Eastlake Development in the City of Chula Vista,
County of San Diego, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated herein.
2. TERM
2.1 Condition Precedent to Commencement of Term.
Notwithstanding any other provision contained herein the
commencement of this Lease and obligations hereunder shall be
expressly subject to a condition precedent that the Agreement
known as the "AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTLAKE" (hereinafter "Agreement") is approved by the City
Council of the City of Chula vista in accordance with their
procedures without modification except as accepted by Landlord.
Landlord's satisfaction with the Agreement shall be evidenced by
Landlord's execution of the Agreement in a manner provided for
therein.
2 . 2 Term. The term of this Lease shall commence upon
receipt of written notice from the City Manager of Chula vista by
Eastlake Development Company that the Fire Station Improvements
to be constructed on the site are "Operational." For purposes of
this Agreement the station will be deemed Operational when it is
staffed by City of Chula vista personnel and available for fire
suppression duties as provided in the notice. The Term as
provided herein shall end upon written notice to Eastlake
provided by the City of Chula vista that the City has completed
or caused to be completed the construction of a permanent fire
station either within the confines of the property owned by
Landlord or otherwise.
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3. RENTAL
3.1 Rental. Tenant shall have a right in consideration of
the covenants contained in the AGREEMENT FOR AN INTERIM AND
PERMANENT FIRE STATION IN EASTLAKE to occupy the Premises free of
charge.
4. REAL PROPERTY TAXES
AND OWNERS' ASSOCIATION FEES
4.1 PaYment of Real PrODertv Taxes and Owners' Association
~. Landlord shall pay all real property taxes when due and
payable. Landlord shall also pay any and all owners' association
dues or fees which may become due and payable on the Premises all
in accordance with the Agreement.
4.2 Credit for Taxes and Owner's Association Fees.
Landlord's payment of real property taxes and owners' association
dues or fees shall be subject to a credit against certain fees
owed by Landlord to Tenant, as more fully set forth in the Letter
of Understanding [defined below].
5. IMPROVEMENTS
5.1 ImDrovements. Landlord shall construct certain
improvements on the Premises (the "Improvements") as more fully
set forth in that certain AGREEMENT FOR AN INTERIM AND PERMANENT
FIRE STATION IN EASTLAKE, dated , 1992, by and
between Landlord and Tenant. Upon completion, Tenant, subject to
Tenant's complying with the requirements of the Covenants,
Conditions and Restrictions ("CC&Rs") shall have the right to
make any alterations, additions, utility and sign installations
or further improvements on the Premises without the prior consent
of Landlord. After the term of this Lease, Tenant shall have the
right to remove all Improvements. If Tenant fails to remove any
or all of the Improvements within ninety (90) days after the
expiration of the term of this Lease, such Improvements may be
disposed of in the manner set forth in the paragraph relating to
"DEVELOPMENT IMPACT FEE CREDITS" of the "Agreement".
6. MAINTENANCE AND REPAIRS
6.1 Tenant's Obliaation for Maintenance of Premises and
ImDrovements.
6.1.1 Good Order, Condition and ReDair. It shall
be solely the obligation of Tenant to keep the Premises and
Improvements in good repair and in a clean, sanitary condition
during the term of this Lease.
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6.1.2 Condition UDon Surrender. At the expiration
of this Lease, Tenant shall surrender the Premises, broom clean,
in good sanitary order, condition and repair, ordinary wear and
tear excepted. As provided in this Lease, Tenant shall have the
right to remove any and all Improvements on the Premises, in its
sole discretion, and shall repair any damage to the Premises
caused by such removal.
6.2 No Maintenance ResDonsibilitv for Landlord. The
parties intend that Landlord shall have no obligation, in any
manner whatsoever, to repair and maintain the Premises, nor the
Improvements thereon, nor the equipment therein, all of which
obligations are intended to be that of Tenant. Tenant waives the
benefit of any statute now or hereinafter in effect which would
otherwise afford Tenant the right to make repairs at Landlord's
expense or to terminate this Lease because of Landlord's failure
to keep the Premises in good order, condition and repair,
including, but not limited, to California civil Code sections
1932, 1933, 1941 and 1942.
7. USE OF PREMISES
7.1 Permitted Use. Tenant shall use the Premises solely as
a fire station and for emergency services, and shall make no
other use of the Premises except for fire station and emergency-
related services.
7.2 Protective Covenants. Tenant will (i) comply with any
covenants, conditions and restrictions affecting the Premises on
the Commencement Date, (ii) immediately give Landlord written
notice of receipt by Tenant of any notice of violation under any .
protective covenants and (iii) indemnify and hold Landlord
harmless from any liability or costs (including attorneys' fees)
indirectly or directly arising out of Tenant's violation of any
of the protective covenants.
7.3 Utilities Costs. Tenant shall pay directly to the
appropriate supplier, the monthly cost of all natural gas, heat,
light, power, sewer service, telephone, water, refuse disposal,
and other utilities and services supplied including without
limitation any taxes or additional fees or charges levied upon
the provision of such services to the Premises.
8. HAZARDOUS MATERIALS
8.1 Prohibition of Hazardous Materials. Tenant shall not
cause or permit any hazardous material to be brought upon, kept
or used in or about the Premises by Tenant, its agents, employ-
ees, contractors or invitees without the prior written consent of
Landlord, which may be withheld in Landlord's sole and absolute
discretion. Tenant shall, at its own expense, at all times and
in all respects comply with all hazardous materials laws.
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The term "Hazardous Materials" as used herein shall
mean any federal, state or local laws, ordinances, codes,
statutes, regulations, administrative rules, policies and orders,
and other authority, existing now or in the future, which
classify, regulate, list or define hazardous substances,
materials, wastes contaminants, pollutants, including without
limitation any legal authority, regulations, or policies relating
to or implementing such Hazardous Materials laws.
9. INSURANCE AND INDEMNITY
9.1 Liabilitv Insurance. Tenant shall procure and
maintain in full force and effect during the term of this Lease
comprehensive liability and property damage insurance to protect
against any liability to the public, or to any invitee of Tenant
or Landlord, arising out of or related to the use of or resulting
from any accident occurring in, upon or about the Premises with
limits of liability in an amount not less than Two Million
Dollars ($2,000,000.00) single limit liability. Such insurance
shall name Landlord as an additional insured thereunder. The
policy shall also insure performance by Tenant of the indemnity
provisions of section 9.2. The limits of said insurance shall
not, however, limit the liability of Tenant hereunder.
9.2 Tenant's Indemnification. Tenant shall indemnify,
protect, defend and hold Landlord, its agents, employees and
contractors, harmless from and against any and all liability for
injury to or death of any person, or loss of or damage to the
property of any person, and all actions, claims, demands, costs,
including without limitation, reasonable attorneys' fees, damages
or expenses of any kind arising therefrom which may be brought or
made against Landlord or which Landlord may payor incur by
reason of the use, occupancy and enjoyment of the Premises by
Tenant or any invitees, sublessees, licensees, assignees,
employees, agents or contractors of Tenant or holding under
Tenant from any cause whatsoever, including without limitation
any breach of the Hazardous Materials provisions set forth in
section 10.1 of this Lease, other than negligent acts or
omissions by Landlord, its agents or employees. Landlord, its
partners, agents, employees and contractors shall not be liable
for, and Tenant hereby waives all claims against such persons
for, damages to goods, wares and merchandise in or upon the
Premises, or for injuries to Tenant, its agents or third persons
in or upon the Premises from any cause whatsoever other than the
negligence of Landlord, its agents or employees.
10. SUBLEASE AND ASSIGNMENT
10.1 Assianment and Sublease of Premises. Tenant shall
not, at any time, voluntarily or by operation of law, assign,
transfer (hereinafter collectively referred to as "assignment"),
sublet or otherwise transfer or encumber all or part of Tenant's
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interest in this Lease or in the Premises. Any purported assign-
ment of Tenant's interest in this Lease shall be void and a
breach of this Lease.
11. DEFAULT
11.1 Events of Default. The occurrence of any of the
following shall constitute an event of default on the part of
Tenant:
11. 1. 1 Obliaations. Failure to perform any
obligation, agreement or covenant under this Lease, such failure
continuing for thirty (30) days after written notice of such
failure. If it is not possible to cure such default within
thirty (30) days, so long as Tenant shall commence a cure within
said thirty (30) day period and shall diligently prosecute
acomplete cure, Tenant shall not be in default. The thirty (30)
day written notice described above shall be served in accordance
with California Code of civil' Procedure Section 1162 and shall be
the same notice and in lieu of any other required by California
Code of Civil Procedure section 1161.
11.2 Remedies. In the event of any such event of default
or other breach by Tenant, Landlord may at any time thereafter,
with or without notice of demand and without limiting Landlord in
the exercise of any right or remedy which Landlord may have by
reason of such default or breach: (a) terminate Tenant's right
to possession of the Premises by any lawful means, in which case
this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord. In such event, Landlord
shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default, including, but not
limited to (i) the cost of recovering possession of the Premises;
(ii) expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorneys' fees and any
real estate commission actually paid; and (iii) any other amount
necessary to compensate Landlord for all detriment proximately
caused by Tenant's failure to perform its obligations under this
Lease or which, in the ordinary course of things, would be likely
to result therefrom and/or; (b) pursue any other legal or
equitable rights or remedies Landlord may have for Tenant's
breach of this Lease. Tenant's default under this lease shall
not constitute a default of the Agreement nor shall defeat City's
rights under the Agreement unless Tenant's act or omission should
constitute a default under the Agreement. The remedies provided
in this section are not exclusive but supplemental to any such
other legal or equitable rights and remedies.
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12. ADDITIONAL COVENANTS OF TENANT
12.1 Adiustment in Taxes. Tenant shall cooperate with
Landlord in any manner necessary for the purpose of documenting
or otherwise evidencing the public use of the Premises in
connection with the adjustment of any real property taxes,
including any special taxes or assessments.
12.2 Boundarv Line Adiustment. Tenant shall cooperate with
Landlord in any manner necessary in connection with the accep-
tance of a boundary line adjustment on the Premises or the
creation of a parcel map to more accurately fix the boundary
lines of the premises, either as may be required for the recor-
dation of an abstract of this Lease, as provided in section 13.4
below, or as may be required for the dedication of the Premises,
as provided in the Agreement.
13. MISCELLANEOUS
13.1 Notices. All notices, consents, waivers, payments or
other communications which this Lease requires or permits either
party to give to the other shall be in writing and shall be
deemed given when delivered personally or forwarded by registered
or certified mail, postage prepaid, to the parties at their
respective addresses as follows:
To Landlord:
EastLake Development Company
900 Lane Avenue, suite 100
Chula vista, California 91914
Attn: Bruce N. Sloan
with a copy to:
Luce, Forward, Hamilton & Scripps
Attn: Craig Beam
600 West Broadway, suite 2600
San Diego, California 92101
To Tenant:
Fire Chief of the
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
cc: Bruce M. Boogaard
City Attorney
or to such other address as may be contained in a notice from
either party to the other given pursuant to this section. Rental
payments and other sums required by this Lease to be paid by
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Tenant shall be delivered to Landlord at Landlord's address
provided in this section, or to such other address as Landlord
may from time to time specify in writing to Tenant.
13.2 Litiaation Between Parties. In the event of any
litigation between the parties hereto arising out of this Lease,
the prevailing party shall be reimbursed for all reasonable
costs, including, but not limited to, reasonable accountants'
fees and attorneys' fees.
13.3 Time. Time is of the essence of this Lease and of
every term and condition hereof.
13.4 Abstract of Lease. The parties hereto shall record an
Abstract of this Lease in a form to be agreed upon by both par-
ties. The parties hereto agree to cooperate in the preparation,
execution, acknowledgment and recordation of such document in
reasonable form.
LANDLORD: TENANT:
EASTIAKE DEVELOPMENT COMPANY, a CITY OF CHUIA VISTA
California general partnership
comprised of corporations
Mayor
By: ifornia
Partner
Attest:
By:
I City Clerk
By: Approved as to form by:
DAVID V, INC., a alifornia
corporation, General Partner
Bruce M. Boogaard
By: ~ City Attorney
Its: c-J{~
C:\DMS\HSM.DIR\7035465.WP 7
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EXHIBIT "A"
Description of Leased Premises
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CHI.II.A VISTA, OAUFOANlA 'I: I
EASTLAKE DEVELOPMENT COMPANY
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LETI'ER OF UNDERSTANDING
FOR AN INTERIM FIRE STATION
IN EASTLAKE
EXIllBIT 4
The DEVELOPER shall build and provide CITY an Interim Fire Station including:
1. Temporary modular building of approximately 1500 square feet for CITY use as an
interim fire station.
2. Said building shall consist of:
a. three (3) bedrooms; and,
b. two (2) 3/4 bathrooms; and,
c. common areas configured to include:
i. kitchen, including built-in stove; and,
ii. dining area; and,
iii. living room; and,
iv. private office; and,
v. public greeting area; and,
vi. exercise room, and;
vii. sufficient closet space and hose racks; and,
viii. all necessary wiring and audio devices for standard Fire Department tone
activated communications system.
3. An enclosed and covered truck-port with:
a. minimum dimensions of twenty feet (20') in width; and,
b. forty feet (40') in length; and,
c. doors with minimum clearance dimensions of fifteen (IS') in width and twelve
feet (12') in height at both ends.
4. A covered patio to connect the modular building and truck-port:
a. patio covering shall afford CITY personnel well lighted, unobstructed truck-port
ingress and egress without exposure to rain.
5. The DEVELOPER shall provide all utility hook-ups:
a. water, sewer. gas, electric, telephone and cable television), landscaping.
6. The DEVELOPER shall provide all site work:
a. driveways, turnarounds and paved areas for staff parking, flagpole; and,
b. related street signage/signaling (i.e. warning lights and/or signs).
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LEITER OF UNDERSTANDING
FOR AN INTERIM FIRE STATION
IN EASTLAKE
EXIllBIT 5
FIRE PUMPER AND FIRE PUMPER EQUIPMENT
Qwmtity Dl!8cription
1 Triple Combination Pumper - $223,762
1200 ft. 4 inch hose - $9,327
1000 ft. 2.5 inch hose - $2,080
1000 ft. 1.75 inch hose - $2,000
200 ft. 1 inch booster line - $550
500 ft. 1 inch forestry hose - $550
1 Pager with charger - $500
2 Hose straps - $70
4 Self Contained Breathing Apparatus (SCBA) - $8,000
4 Spare oxygen SCBA bottles - $2,000
1 Mobile radios - $650
2 Portable radios - $1,750
4 Task force nozzles - $3,020
1 Booster line nozzle - $580
1 S- 200 nozzle - $664
2 B-800 nozzles - $1466
2 Smooth bore nozzles - $100
1 Pike pole tool - $80
2 Axes - $90
1 Ram bar - $295
1 Halligan Tool - $120
I Pry bar - $24
1 Sledge hammer - $27
1 Bolt cutters - $120
1 Persuader - $34
1 Box: miscellaneous tools - $400
1 Round point shovel - $45
1 Scoop shovel - $40
1 Metal rake - $56
2 Squeegees - $124
1 Mop - $15
2 Hall runners - $60
1 Com broom - $13
1 Debris bag - $120
1 Smoke ejector - $460
1 Smoke eradicator - $15
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1 Flood light - $145
1 50 ft. extension cord with adapters - $108
4 Hand lights - $480
2 Chock blocks - $70
1 Canteen - $23
1 Utility rope - $130
1 Life line - $130
8 Traffic cone - $40
1 Salvage cover - $55
8 Flares - $5
3 Quick fit devices - $75
1 Water vacuum - $1100
N/A Assorted redwood plugs - $5
1 Pressurized water extinguisher - $100
1 Carbon Dioxide Extinguisher - $280
1 Dry chemical extinguisher - $125
1 Set of Run Cards - $15
1 1991 Thomas Bros. Map Book - $10
1 Knox Box key - $5
1 Domestic water key - $20
1 Pair binoculars - $80
1 Defibrillator and related supplies - $7,000
1 Resuscitator - $1,065
1 Medical Suction Unit - $590
1 Trauma Box and related supplies - $600
1 Spare oxygen bottles - $65
1 Ked Sled - $159
1 Backboard - $69
1 Hare traction device - $189
2 Hay hooks - $20
2 Double Male Adapters - $104
2 Double Female Adapters - $174
1 4" x 2.5" Adapter - $260
2 Spanner Wrenches - $29
1 Gated Wye - $345
1 2.5" x 1.5" reducer - $45
1 4" x 2.5" reducer - $160
1 1.5" xl" reducer - $38
1 4" hose clamp - $365
24 Mounting Brackets - $610
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FIRE STATION FURNISHINGS, FIXTURFS AND EQUIPMENT
3 17 cubic foot, frost-free, refrigerators with ice makers - $ 2,400
1 Industrial quality 4 burner stove with oven - $750
1 Dishwasher - $500
1 Microwave oven - $400
N/A Assorted kitchen cookware and utensils - $500
6 Kitchen chairs - $300
1 Kitchen dinette table - $150
4 Heavy duty relining lounge chairs - $1,800
1 26" color television - $800
1 VCR - $400
3 End tables - $300
1 Office (mid manager quality) desk - $450
1 Office (mid manager quality) desk chair - $300
2 Side chairs - $350
3 4 drawer, letter size, locking, file cabinets - $600
1 ffiM compatible AT style Microcomputer - 2,500
1 NLQ printer - $500
4 Telephones, compatible with City phone system - $400
2 Floor lamps - $200
4 Beds, mattresses and box springs - $1,800
4 Night stands - $600
1 Air compressor - $550
1 Set of mechanics tools and box - $500
1 Lifecycle - $3,000
1 Bench/incline press - $500
1 Set of bar bells, dumb bells and 400 Ibs of compatible weights - $300
1 Gas Lawnmower - $350
1 Gas Edger - $250
N/A Miscellaneous gardening tools - $150
N/A Janitorial supplies - $300
1 Vacuum Cleaner - $200
1 Portable hose storage rack - $400
1 Hose Drying Rack - $1,200
1 Bunn Coffee Maker - $175
1 Gas Bar-B-Que - $200
1 Basketball Backboard, Rim, Net and Pole - $150
1 Flag Pole - $500
1 UFC and UBC books - $100
1 Principles of Fire Protection by: Cote and Bugbee - $48
1 Full set of NFC books - $ 500
1 Apparatus Manual notebook - $25
1 ICS 120 and 220 book - $40
1 Fire Investigation A & B notebook - $40
1 Wildland Firefighting Handbook - $30
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1 Webster Dictionary - $ 25
1 Fire Fighter Career Development Manual - $40
1 Driver/Operator Training Manual - $120
1 Pump Operator's Handbook - $20
1 Fire Command A & B notebook - $40
1 EMT Skills manual - $15
1 EMT pre-hospital care book - $35
1 CVFD Ropes and Notes book - $15
1 Fire Chief's Handbook - $35
1 Fire Apparatus and Procedures book by: Earvin - $35
1 Full set of IFSTA books including study guide - $600
1 Hazardous Materials Information notebook #1 and #2 - $30
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FIRE FIGHTER EQUIPMENT
27 Flame resistant uniform pants - $945
9 Flame resistant jump suits - $900
18 Pairs fire fighter safety boots - $1800
9 Badges - $450
9 Name tags - $45
9 Fire fighter helmets - $1125
9 Fire fighter turnout coats - $2520
9 Fire fighter turnout pants - $1620
9 Fire fighter turnout boots - $585
9 Brush pants - $270
9 Brush jackets - $360
9 Nomex hoods - $100
9 Pair of fire fighters gloves - $180
9 Folding spanner wrenches - $324
9 10ft sections of tubular webbing - $75
1 Box of yellow chalk - $5
9 MSA SCBA masks - $800
9 Canvas bags for brush and SCBA gear - $180
9 CVFD Operations Manuals - $90
9 IFSTA "Fire Fighter Essentials" book - $180
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. ,
ORDINANCE NO, 2320
AN ORDINANCE OF THE CITY OF CHU ..A VISTA,
CALIFORNIA ESTABLISHING A DEVELOPMENT IMPACT FEE
TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA -
WHEREAS, th~ City's Genera1 Phn Land Use and PubHc Facnities
Elements require that adequate pubHc facnit.ies be avanab1e to accOlllllodate
increased popu1ation created by new deve10pment. and
WHEREAS. the City Counci1 has determined that new deve10pment within
the City of Chula Vista wnl create adverse impacts on the City's existing
public facilities which must be mitigated by the financing and construction of
certain public facilities identified in this ordinance. and·
WHEREAS, the City Counci1 has determined that a reasonab1e means of
financing the pubHc facnities is to 1evy a fee on a11 deve10pments in the·
City of Chula Vista. and
WHEREAS. the fee has been Justified by the report entit1ed. ·Report
on Supplemental Development Impact Fee for Public Facilities· dated June 1989
and prepared by the Budget Officer of the City of Chu1a Vista. and
.
WHEREAS. the report and various other reports show that the City's
public facnities wi11 be adversely impacted by new developments within the
City unless publ ic facn ities are improved or constructed to acconvnodate the
new development. and
WHEREAS. developers of 1and' within the City shou1d be required to
mitigate the burden created by deve10pment through the construction or
improvement of public facilities within the boundaries of the development. the
construction or improvement of public facilities outside the boundaries of the
development which are needed to provide service to the development in
accordance with City standards and the payment of a fee to finance a
development's portio~ of the total cošt of the pub1ic faci1ities. and
WHEREAS. all development within the City contribute to the cumu1ative
burden on various public facnities in direct relationship to the amount of
popu1ation generated by the deve10pment or the gross acreage of the commercial
or industrial land in the development. and
. WHEREAS. on August 1. 1989. City Councf1 held a duly noticed meeting'
at which oral or written prese~tations cou1d be made. and
,
WHEREAS. the City Council determined~ based upon the evidence
presented at the meeting. the City's General Plan and the various reports and
other information received by the City Council in the course of its business.
that imposition of the pub1ic facilities development impact fee on al1
developments as indicated in Attachments B through G in the City of Chula
Vista for which building permits have not yet been issued is necessary in
order to protect the public safety and welfare in order to ensure effective
imp1ementation of the City's Gene~al Plan. and
.
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WHEREAS, the City Council has determined that the amount of the fee
tevied by this ordinance does not exceed the estima'ted cost of providing the "
public facilities.
NOW, THEREFORE, THE' CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS: .'
I SECTION t: Establ ishment of Fee. -_.
~ (a) A development impact fee in the amounts set forth in attachments
I B through G is hereby establ ished to pay for various public
facilities within the City of Chula Vista. The fee shall be
, paid before the issuance of bUilding permits for each
I development project within ·the City of Chula Vista as indicated
by Attachments B through G. The fee shall be deposited into a
public facility financing fund which is hereby created and shall
be expended only for the purposes set forth in the this
I ordinance. The Director of Finance is authorized to establish
various accounts within the fund for the various improvements
and facilities identified in this ordinance and to periodically
I make expenditures from the fund for the purposes set forth .
herein in accordance with the facilities phasing phn or capital .
improvement plan adopted by the City Council. The City Council ..
finds that collection of the fees established by this ordinance
at the time of the buil ding permit is necessary to ensure that
· funds will be available for the construction of facilities
concurrent with the need for these facil ities and to ensure
I' certainty in the capital facilities budgeting for growth ,
impacted public facilities,
I (b) The fee established by this section is in addition to the
requirements imposed by other City laws, policies or regulations
relating to the construction or the financing of the
I construction of public improvements within subdivisions or
developments, __
(c) The fee' for each development shall be calculated at the time of
I building permit application and 'shalt be the amount as indicated
at that time and not when the tentative map or final map were
granted or applied for, or when the building permit phn check
I was conducted. Each single family detached dwelling, single
family attached dwelling, Or unit,within a multi-family dwelling.
shall be considered one EDU for purposes of this fee, Each
commercial project shall be charged at the rate ,of 10 EDU's per
I gross acre and each industrial project shan be charged at the
rate of 6 EDU's per gross acre, The charges shall be those '
outlined in Attachments B through G, .
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I· The City Council shall annually review. the amount of the fee,
The City Council may adjust the amount of this fee as necessary
to reflect changes in the Engineering-News Record Construction
I Index, the type, size, location or cost of the various public
facilities to be financed by the fee, changes in land use
designat'ions in the City's General P1an¡ and upon other sound _.
engineering, financing and planning information. Adjustments to
I the above fee m~ be made by resolution amending the Master Fee
Schedu1e. _
I (d) The fees collected shall be used by the City for the following
I purposes as determined by the City Counci1:
'1, To pay for the construction of facilities by the City, or
I to reimburse the City for facilities installed by the City
, with funds from other sources.
, 2, To reimburse developers who have been required by Section
4(a) of this ordinance to install approved various public
faci1ities 1isted in Section 3.
3. To reimburse developers who have been permitted to install
improvements pursuant to Section 4(b) of this Ordinance,
SECTION 2: Definitions.
For the purposes of this ordinance, the f0110wing words or phrases
sha11 be construed as defined in this Section, unless from the .'
context it appears that a different meaning is intended.
(a) wBui1ding PermitW means a permit'required by and issued pursuant
to the Uniform Building Code as adopted by reference by this
~~ . .
(b) wDeveloperw means the owner or developer of a development.
(c) wDeve10pment PermitW means any discretionary permit, entitlement
or approval for a development project issued under any zoning or
subdivision ordinance of the City.
(d) wDevelopment ProjectW or wDevelopmentW means any activity
described in Section 65927 and 65928 of the State Government
Code. .
(e) wSupplemental Development Impact Fee ReportW ·means that the
wReport on Supp1emental Development Fee for Public Facilitiesw .
report prepared by the Budget Officer of the City of Chula Vista
dated June 28, 1989, and on file in the Office of the City Clerk.
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SECTI ON 3: Public Fac;lities to be Financed by the Fee.
.
(a) The various pub li c facilities to be financed by the fee
established in this ordinance are:
1. .Expansion of the Chula Vista Civic Center. "
2. Remodeling of the Police .facility.
3. Construction of a new corporation yard in the Eastern
Territories.
4. ·Construction of two new libraries east of I-80S.
5. Expansion of the Fire Suppression system.
.6. Geographic Infonnation System.
(b) The City Council may modify or amend the list of projects in
order to maintain compliance with the City's General Plan or the
Capital Improvement Program.
SECTION 4: Developer Construction of Various Public Facilities
(a) Whenever a developer of a development project would be required
by application of City law or policy as a condition of approval
of a development pennit to construct or finance the construction
of a portion of a public facility identified in Section 3 of
this ordinance, the City Council may impose an additional
requirement that the developer install the improvements with
supplemental size or capacity in order to ensure efficient and
timely construction of the public facilities listed in this
ordinance. If such a requirement is imposed, the City Council
sha 11, in its discretf on, 'enter into a reimbursement agreement
with the developer or give a credit against the fee otherwise
levied by this ordinance on the development project or some
combination thereof.
(b) A developer may request authorization from the the City Council
~o construct one or more of the facilities listed in Section 3.
(c) Whenever a developer requests reimbursement or a credit against
. fees for wor~ done or paid by the developer under subsections
(a) or (b) of this section, the request shall be submitted in
writing to the City Council before commencement of the work.
The request shall contain the following infonnation and if . .
.
granted, shall be subject to the following conditions:
1. Detailed descriptions of the project with the preliminary
cost estimate.
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I 2. Requirements of developer: .
. - preparation of plans and specifications for approval
· by the City;
- . secure and dedicate any rigM-of-way required for the
project; . .
- secure all required pennits. environmental clearances
· necessary for construction of the project;
- provision of perfonnance bonds (where the developer
intends to utilize provisions for immediate credit,
· the perfonnance bond shall be for 100 percent of the
value of the project);
- payment of all City fees and· costs.
· 3. The City will not be responsible for any of the costs of
constructing the project. The developer shall advance all
I necessary funds to construct the project.
4. The developer shall secure at least three (3) qualified
, bids for work to be done. The construction contract shall
I be granted to the lowest qualified bidder. If qualified,
the developer may agree to perfonn the work at a price .
equal to or less than the low bid. Any claims for
I additional payment for extra work or charges during.
construction shall be justi fied and shall be documented to
the satisfaction of the Director of Public Works.
í 5. The developer shall provide a detailed cost estimate which
itemizes those costs of the construction attributable to
the Public Facility Construction and excludes any work
I attributable to a specific subdivision project. The
estimate is preliminary and subject to final detennination
by the Director of Public Works upon completion of the
I Public Facility Project.
6. Upon approval of the estimated cost by the Director of
I Public Works, the developer shall be entitled to illlllediate
credit for 75 percent 'of the estimated cost of the
construction attributable to the Public Facility
Construction. The immediate credits shall be applied to
I the developers' obligation to pay' fees for building pennits
issued after the. establishment of the credit.. The
developer sl1all specify these building pennits to which the'
I credit is to be applied at the time the developer submits
the building permit applications.
.
7. If the developer uses all of the 75 percent immedi ate
I credit before final completion of the public facility, then
the developer may defer payment of Development Impact Fees
for other building pennits by providing to the City liquid .
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I security such as cash or an irrevocable letter of credit,
but not bonds or set-aside lettrrs, in an amount equal to
I ) the remaining 25 percent of the estimated cost of the
I
I public facility. . ..
8. When all work has been completed' to the satisfaction of the
I -
I City, the developer shall submit verification of payments
. made for the construction of the project to the City. The
Director of Public Works shall make the final determination
I
: on expenditures which are eligible for credi t or cash
. reimbursement.
9. After final determination of eligible expenditures has been
. made by the Public Works Director, the final amount of
Development Impact Fee credits shall be determined. The
! developer shall receive credit against the deferred fee
I oblivation in an amount equal to the difference between the
fina expenditure determination and the amount of the 75
I percent immediate credit used if any. The amount of the
I deferred fee obligations shall be based upon the fee
· schedule in effect at the time of the final credit
determination. The Director of Public Works shall convert
I the credit to an EDU bash for residential development
· and/or a Gross Acre basi s for commercial or i ndustri a 1
development. The City shall notify the developer of the
I final deferred fee obligation, and of the amount of the
applicable credit. If the amount of the applicable credit
is less than the deferred fee obli gati on, then the
developer shall have thirty (30) days to pay the deferred
, fee. If the deferred fees are not paid within the
· thirty-day period, the City may make a demand against the
liquid security and apply the proceeds to the fee
obligation.
I 10. The developer will receive the credit against required
Development Impact-Fees incrementally at the time building
· permits are issued for the developer's project.
If the total constructfòn cost amounts to more than the
I total Development Impact Fees which will be required for
i
~ the developer's project, then the amount in excess of
Development Impact Fees will be paid in cash when funds are
avanable ,as determined by the City Manager, a
reimbursement agreement wil 1 be executed; or the developer
may waive reimbursement and use the excess as credit
against future Development Impact Fee obligations. .
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SECTION 5: Procedure for Fee Waiver or Reduction:
.
Any developer who, because of the nature or type of uses proposed for
I a development project, contends that application of the fee imposed
by this ordinance is unconstitutional or unrelated to mitigation of
the burdens of the development, may. apply. to the City Councf1 for a .
- waiver or reduction of the fee. The application sha11 be made in
writing and ff1ed with the City Clerk not later· than ten nO) days
after notice of the public hearing on the development permit
I application for the project is given, or if no development permit is
I required, at the time of the filing of the building permit
application. The application shall state in detail the factual basis
I for the claim of waive or reduction. The City Council shall consider
the application within sixty (60) days after its filing. The
I deci si on of the Ci ty Councf1 shan be final.' If a reduction or
waiver is granted, any change in use within the project shall subject
I. the development to payment of the fee. The procedure provided by
this section is additional to any other procedure authorized by law
for protection or challenging the fee imposed by this ordinance.
I. SECTI ON 6: Exemptions.
.
* Development projects by public agencies shan be exempt from the
provisions of the fee if those projects are designed to provide the
public service for which the agency is charged.
SECTION 7: Assessment District.
If any assessment or special taxing district is established for any
or all of the facilities listed in Section 3, the owner or developer
of a project may apply to the City Councl1 for a credit against the
fee in an amount equal to the development's attributable portion of
the cost of the authorized improvements as determined by the Director
of Public Works plus incidental costs normally occurring with the
construction project but ex~luding costs associated with Assessment
District proceedings or financing.
SECTION 8: Expiration of this Ordinance.
This ordinance shan be no further force and effect when the City
Councf1 determines that the amount of fees which had been col1ected
reaches an amount equal t.o thl! cost of the public facf1ities or
reimbursements. ,
,
SECTION 9: Time Limit for Judicial Action.
.
Any jUdicial action or proceeding to attack, review, set aside, void
or annul this ordinance shan be' brought within the time period as
established by Government Code Section 54995 after the effective date
of this ordinance.
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SECTION 10: Effective Date. .
Pursuant to Government Code Section 65962. this ordinance sha11
become effective sixty (60) days Ifter its second reldfng Ind
Idoption.
Presented by
~( f>4 . .
.
av ~rs ~
Budget Offfcer
PC 2869A
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Existing EastLake I Boundary - .. -
Proposed Amendment Area V/ / />"1
EXHIBIT 7
PROPOSED EASTLAKE SPA AMENDMENT
LOCATION MAP
7·d/r;
- - --" ~..~--_.-._..._... .,--
COUNCIL AGENDA STATEMENT
Item L
Meeting Date 02/18/92
ITEM TITLE: RESOLUTION /¿,5éÞ Ratifying an agreement with the
California Department of Housing and Community Development to
provide $2,000 of Home Federal Housing Funds
SUBMITTED BY: Community Development Director ¿... .0-
REVIEWED BY: City ManagerJ&1~
(4/5ths Vote: Yes _ No...xl
BACKGROUND:
On February 4, 1992 the City Council approved Resolution 16492, stating the City's intent to
participate in the new HOME federal housing program, and the Agency approved Resolution
1225 appropriating $2,000 for the HOME program. The latter action was required in order to
provide matching funds to reach the $750,000 level and become a "participating jurisdiction."
Two weeks prior to the Council and Agency action, the California Department of Housing and
Community Development (HCD) offered to provide the City with $2,000 of the State's HOME
funds if the City agreed to a schedule to bring its 1991-96 Housing Element into compliance.
RECOMMENDATION: That the City Council adopt the resolution ratifying the agreement
with the California Department of Housing and Community Development
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The agreement provides that the State will transfer $2,000 from the State's HOME funds for the
purpose of the City becoming a participating jurisdiction. This transfer is conditioned on the
City's Council's adoption of the 1991-96 Housing Element on March 10th, it's submittal to the
State by March 12th, and a subsequent review and finding by HCD that the adopted Element is
in substantial compliance.
HCD has sent the City a letter of intent to transfer funds, which the City has sent to HUD with
its letter of intention to participate (see attached). If the City fails to comply with this
agreement, or if the City Council chooses not to ratify this agreement, then the State will
withhold the funds. However, as the Agency has previously appropriated $2,000 for the HOME
program, this would not prevent the City from becoming a participating jurisdiction.
FISCAL IMPACT: The City will receive $2,000 of HOME funds from the State when the
City's adopted Housing Element is found in substantial compliance. If this does not occur
according to the schedule, the Agency's previous appropriation of $2,000 will be used in it's
place.
[C:IWP51ICOUNCIL\l13SIHOME-2.113] ð'/ /~-:¿
-.....---....--.---..-..
RESOLUTION } (, .5íJ,Ç
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT TO PROVIDE $2,000
OF HOME FEDERAL HOUSING FUNDS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has been allocated $748,000 of HOME
federal housing funds the HOME program regulations require a minimum of $750,000 to
become a participating jurisdiction; and,
WHEREAS, the California Department of Housing and Community Development
(RCD) has offered to provide the City with $2,000 of HOME funds from the State's allocation;
and,
WHEREAS, in order to receive the HOME funds, HCD requires the City to
adopt and submit an updated Housing Element for 1991-96 according to a specific schedule; and,
WHEREAS , the City Council is scheduled to consider the Housing Element at
its regular Council meeting on March 3, 1992, at which time it may adopt the Housing Element.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista hereby approves the resolution ratifying the agreement with HCD, a copy of which
is attached hereto and incorporated herein.
Presented by: Approved as to form by:
~~ B!:_~~~
Chris Salomone
Community Development Director City Attorney
[C:IWP51ICQUNCILIRESOS\HOME-2.RES]
f)"- ;S
,....-.,.-..---,.----........
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
STATING THE CITY'S INTENT TO PARTICIPATE IN THE NEW HOME
FEDERAL HOUSING PROGRAM AUTHORIZING THE MAYOR TO SEND A
LETTER OF INTENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as
follows:
WHEREAS, the City of Chula Vista has been allocated $748,000 of HOME federal
housing funds; and,
WHEREAS, the HOME program regulations require a minimum of $750,000 in order
to become a participating jurisdiction; and,
WHEREAS, $2,000 has been appropriated by the Redevelopment Agency from the low
and moderate-income housing fund to be used with the HOME funds for eligible activities; and,
WHEREAS, the HOME program will enable the City to meet the housing needs of
lower-income residents;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista states its intent to participate in the HOME Investment Partnership program and desires
to become a participating jurisdiction
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to submit
a letter of intent to participate to the U.S. Department of Housing and Urban Development.
Presented by: y:
~c~ -- ~~
Chn Salomone Bruce M. Boogaard
Community Development Director City Attorney
[C,IWP51ICOUNCILIRESOSIHOME.RES]
I \0 So S
._-~--_._._._"_._.-
REQUEST FOR HOME FUNDS AND SCHEDULE
FOR HOUSING ELEMENT ADOPTION
The City of Chula Vista requests a transfer of $2,000 from the State of California's 1992
allocation of HOME funds for the purpose of becoming a participating jurisdiction in the federal
HOME Investment in Partnership Program.
It is understood that the approval of this transfer is conditioned on the adoption of the City' s
housing element with the appropriate revisions, in accordance with the schedule set forth below.
Any amendment to this schedule shall be mutually agreed upon by the City and HCD. In the
event the City does not comply with this agreement, the City shall use an alternative funding
source in order to participate in the HOME Program.
The City agrees to comply with the following schedule:
A. A resolution from the governing board confirming this agreement will be forwarded to
HCD no later than February 13, 1992.
B. If necessary, submittal of the draft element for HCD review no later than already
submitted.
C. Adoption of the element with any necessary revisions no later than March 12, 1992.
~.~ ~ 2-CJ-jL
, , nMM'1A.-.
+~/í)hn D. Goss, City Manager (Date)
(.:\howjÜns)
g/~
>----
HCD COMMUNITY AFFAIRS TEL:916-327-6660 Feb 07,92 17:24 No.021 P.02
STAn¡ Of CAUrollNIA. BU........ TRANlPOIß'ATlOM AND _INO AClBNCY ~ WILSON. ftmMrnar
DEPARTMENT OF HOUSING AND COMMUNI'fY DEVELOPMENT fa
DIVI8ION OF OOMNUNTY AFF~
1800 nIIRP STlU'.ET
P.O. (IX 9520$_
SAœAM1!NTO. CA !lCS2-20S4
(916) m· ! 60 FAX (916) m_
February 7, 1992
John GOBs
City Manager
City of Chula Vista
'¥16 Fourth AVCJIue
Quia ViBta, CA 94537
Dear Mr. GOBS;
The State of Califomta Department of HoosIng and CommunilJ Development
hereby authorizes the Department of Housing and Urban Dcvc10pment to ttansfer
$2,000 of the State's HOME aBocation to the City of Chula Vista for the FY 1992
aßocation to the HOME Investment Partne:rships Pro¡ram. The CJt)' of Chula Vista has
complied with tbe: State's requiremenÞ regarding compllanec with hOUling element law.
This transfer is authorized pursuant to TItle 24, Code of Federal ReguJatlons. Section
92.102(b).
We wish you sUCcellllm the impleme:ntatlon of your HOME program.
Very slnecrely ~
&-ef~
Donald P. Maddy
De:puty Director
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COUNCIL AGENDA STATEMENT
Item 9
Meeting Date 02/18/92
ITEM TITLE: RESOLUTION /&~t Approving the Agreement Between
FN Projects and the City of Chula Vista to provide low- and moderate-
income housing
l ç.
SUBMITTED BY: Community Development Director -
REVŒWED BY: City Manager -\~&- ~~
(4/Sths Vote: Yes _ No...xJ
BACKGROUND:
On September 12, 1989 the City Council approved a tentative map for the subdivision of Salt
Creek I. Condition No. 11 of the tentative map required the developer (FN Projects, a joint
venture including the Baldwin Company) to reach an agreement with the City to devote at least
10 percent of the project units (approximately 55 units) to low- and moderate-income housing
in conformance with the City's Housing Element.
RECOMMENDATION: That the City Council adopt the resolution approving the Agreement
between FN Projects and the City of Chula Vista to provide low- and moderate-income housing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Housing Element of the General Plan requires that subdivisions of 50 units or more address
the provision of 10 percent of the subdivision's units as affordable to 10w- and moderate-income
households. Discussions over time between staff and the Salt Creek I developer have been
directed at most feasibly satisfying that requirement. As a result, condition No. 11 was imposed
on the tentative map which required the applicant to reach an agreement to provide low- and
moderate-income housing in Salt Creek 1. On May 14, 1991 the City and applicant entered into
a Supplemental Subdivision Agreement which shifted the burden of condition No. 11 to the
"attached housing area" of Salt Creek 1. Subsequently, on December 17, 1991 the City and
applicant entered into an Amendment to the Supplemental Subdivision Improvement Agreement
which further shifted the burden to the "condominium project area" of Salt Creek I.
To satisfy the affordable housing obligation, the applicant has agreed to provide 2.5 percent of
the total Salt Creek I units as low-income units (13 units) and 7.5 percent as moderate-income
units (39 units). All of those units will be provided in the condominium project of Salt Creek I,
which is the highest density and most feasible for affordable housing.
The most significant components of the agreement are as follows:
9-J
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Page 2 Item í
Meeting Date 02/18/92
l. SubsidylDelivery of Units: FN Projects has agreed to subsidize the low-income units
through a in-lieu payment of $600 per market rate unit throughout the Salt Creek I subdivision.
As each Salt Creek I market rate unit sells, the developer will pay $600 to a fund maintained
by the City. The maximum accrual to the fund will be $301,878, which will provide a potential
subsidy to each low-income unit (13 units) averaging $23,221. This subsidy is approximately
one-half of the amount necessary to subsidize the target units to an affordable level for low-
income households. Given the subdivision densities, the for sale product types, and the ability
of the market rate units to sustain additional financial burdens and still remain marketable, it is
felt that such a subsidy level is a maximum feasible level for the developer to provide. The City
agrees to attempt to provide additional subsidies to bring the 13 low-income units to an
affordable level. This seems feasible with such programs as the Mortgage Credit Certificate
Program. If the City cannot deliver additional subsidies sufficient to provide 13 low-income
units, then the combined subsidies of the developer and the City would be applied to achieve as
many low-income units as possible. At the City's sole option, the developer's subsidy could be
switched to any other affordable housing project or program in the City.
At the point at which 13 low-income units are provided in Salt Creek I through any combination
of mechanisms, regardless of the status of the payments to the developer's subsidy fund, the
developer would have no further obligation to pay into the subsidy fund, and the unused balance
of the fund would be returned to the developer.
No subsidy is necessary for the moderate-income affordable units, as market rate for these
condominiums is currently affordable to moderate-income households. The 39 unit restriction
in the agreement simply assures that the moderate-income units will be delivered if conditions
change (Section 4.1).
2. Phasing: In accordance with marketing and lending practices, the condominium project,
and the delivery of affordable units within the project, will be phased. A phasing schedule has
been incorporated in the agreement, and the affordable units have been spread throughout the
project in that schedule. Affordable units can be "pre-sold" before release of a phase for sale.
If an affordable unit remains unsold 30 days after issuance of a Certificate of Completion, the
developer can obtain the City's release of that unit for non-low-income sale and "roll-over" that
obligation to the next phase. No phase would have more than 20 percent concentration of low-
income units (Section 11).
3. Resale Control: The City will be structuring a subsidy program for the developer
subsidy and any City subsidy, which may include down-payment assistance or a silent second
loan with equity participation. The agreement stipulates that for each low-income unit receiving
a subsidy, the City will have the right to impose a resale deed restriction for 10 years. Through
that deed restriction, the City would have the right to first refusal, which would be exercised or
assigned to another low-income buyer. This would avoid "windfall profits" to the initial buyer
and would sustain affordability of the units (Section 4.3.1, 2, and 3).
4. Marketing Plan: The agreement requires the developer to provide a marketing plan for
the low-and moderate-income units which is acceptable to the City. The City agrees to assist
9-ø2,
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Page 3 Item c¡
Meeting Date 02/18/92
in the marketing and to call upon third-party non-profit organizations to assist where possible.
Such organizations with specialized skills exist and could be brought into the marketing effort
(Section 7).
5. Administrative Costs: The developer will pày the City $iOO per low-income unit for
administrative costs (Section' 8).
6. Special Consideration of Subsidies: The City agrees, to the maximum extent feasible,
to give special consideration to obtaining cost reduction mechanisms for the Salt Creek I project
affordable housing requirement. This is effectively a good faith pledge to provide subsidies that
might become available to this development before providing them to other projects which have
not yet negotiated an affordable housing agreement, as long as subsidy program regulations
would allow such special considerations (Section 9).
This agreement is not intended to be precedent setting for future negotiations to provide
affordable housing in other developments. This project is considered to be unique for a variety
of reasons including the configuration of the property, single access to the project area, and the
inability to provide rental units. Based on these considerations, staff believes that the attached
negotiated agreement is equitable and provides for the maximum number of low income for-sale
units which were determined to be achievable within Salt Creek 1.
FISCAL IMPACT: The City will receive $1300 from the applicant to pay for administrative
costs incurred by City in connection with the Administration of this Agreement. The applicant
will pay an affordable housing subsidy of $301 ,878.15 into an escrow account to be used by City
to assist approximately 13 Low Income purchasers to purchase units in Salt Creek 1.
[AOIA,ISALTCRK.\l3]
9 -- J I t:J-lj
. ~_.~-~"" ....-..
RESOLUTION /~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN FN PROJECTS AND THE
CITY OF CHULA VISTA TO PROVIDE LOW- AND MODERATE-INCOME
HOUSING
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, FN Projects, a California Corporation is the owner of certain real
property consisting of approximately 130 acres located in Chula Vista and commonly known as
"Salt Creek I; and
WHEREAS, A tentative map for the subdivision of Salt Creek I has been
approved subject to certain requirements and conditions, as contained in Resolution No. 15299,
approved on September 12, 1989; and
WHEREAS, Condition No. 11 of the tentative map requires Applicant to "reach
an agreement with the City to devote at least 10 percent of the project units to low and moderate
income housing; and
WHEREAS, The City and Applicant entered into a Supplemental Subdivision
Improvement Agreement known as document #C091-081 dated May 14, 1991 which shifted the
burden of Condition No 11, as it applies to Chula Vista Tract 89-9, units 1, 2, and 3 to the
remainder of Salt Creek I; and
WHEREAS, City and Applicant entered into a First Amendment to the
Supplemental Subdivision Improvement Agreement regarding Condition No. lIon December
17 1991 which further shifted the burden on Condition No. 11 as it applies to Chula Vista Tract
89-9, Unit 4, to the remainder of Salt Creek I ("Condominium Housing Area") and set forth that
the applicants obligation is to provide 2.5 % of the total project units as Low Income Housing
Units and 7.5% of the total project units as Moderate Income Housing Units.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of
the City of Chula Vista does hereby approve an agreement with FN Projects to provide Low and
Moderate Income Housing within Salt Creek 1, a copy of which is on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by: Approved as to form by:
~ ~ i'~~J ~
Chris Salomone (Richar D. Rudolf
Community Development Director Assistant City Attorney
[C:IWP51ICOUNCILIRESOSISALTCRK1.RES] 9-5/q-J,
.~_......_.._.._-" ._-,----,-,.'..
RECORDING REQUESTED BY: )
)
City Clerk )
)
WHEN RECORDED, MAIL TO: )
)
City Of Chula vista )
276 Fourth Avenue )
Chula Vista, CA 91910 )
Attn: )
)
)
Space Above for Recorder's Use
No transfer tax is due as this
is a conveyance to a public
agency of less than a fee
interest for which no cash
consideration has been paid or
received.
AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING
This AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING
( "Agreement") is made this , 1992, for the
purposes of reference only, by and between THE CITY OF CHULA VISTA,
California, a municipal corporation ("city") and FN PROJECTS, a
California Corporation ("Applicant"), with reference to the facts
set forth below.
RECITALS
A. Applicant is the owner of certain real property
consisting of approximately 130 acres, located in Chula Vista,
California, as more particularly described on Exhibit "A" attached
hereto and incorporated herein ("Salt Creek I").
B. A tentative map ("Tentative Map") for the subdivision of
Salt Creek I has been approved, subject to certain requirements and
conditions, as contained in Resolution No. 15299, approved on
September 12, 1989.
C. Condition No. 11 of the Tentative Map ("Condition No.
11") requires Applicant to "reach an agreement with the City to
devote at least 10% of the project units (approximately 55 units)
to low and moderate income housing."
2/11/92
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~ .-...-
D. City and Applicant entered into that certain Supplemental
Subdivision Improvement Agreement known as Document #C091-081,
dated May 14, 1991, and recorded in the Official Records of San
Diego County on June 18, 1991, as Instrument No. 91-0292169
("Supplemental Agreement") which shifted the burden of Condition
No. 11, as it applies to the Chula Vista Tract 89-9, Units 1, 2 and
3, to the remainder of Salt Creek I.
E. City and Applicant also entered into that certain First
Amendment to Supplemental Subdivision Improvement Agreement
regarding Condition No. 11 known as Document # , dated
December 17, 1991, and recorded in the Official Records of San
Diego County on , as Instrument No.
("First Amendment"), which further shifted the burden of Condition
No. 11 as it applies to Chula vista Tract 89-9, unit 4, to the
remainder of Salt Creek I ("Condominium Housing Area") as more
particularly described on Exhibit "B" attached hereto. As used
herein, the term "Supplemental Agreement" shall refer to the
Supplemental Agreement as modified by the First Amendment.
F. In order to satisfy Applicant's obligations under the
Supplemental Agreement, and in full and final satisfaction of
Condi tion No. 11, Applicant has agreed to devote, or otherwise
provide, 10% of the total dwelling units which are permitted by
city to be constructed in Salt Creek I ("Total Salt Creek I Units")
as Low Income Housing units (as defined below) or Moderate Income
Housing units (as defined below). Applicant shall devote 2.5% of
the Total Salt Creek I units as Low Income Housing units and 7.5%
of the Total Salt Creek I Units as Moderate Income Housing units.
In addition, Owner has agreed to pay to city a low income housing
subsidy which may be used by City to subsidize the purchase prices
for the purchase of Low Income Housing units by Low Income
Purchasers (as defined below) or for certain other affordable
housing purposes within the City.
G. The parties desire to execute this Agreement to provide
for the obligations and rights of Applicant and City with respect
to the allocation of Low and Moderate Income Housing units in the
Condominium Housing Area of Salt Creek I.
NOW, THEREFORE, in consideration of the foregoing recitals and
for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
set forth below.
1. Definitions.
1.1 Low Income Housina unit. The term "Low Income
Housing Unit" shall mean a residential structure designed for sale
to a Low Income Purchaser, and constructed pursuant to said design.
2 2/11/92
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n. ____·.'·m~._._··._··._._.
1.2 Low Income Purchaser. The term "Low Income
Purchaser" shall mean an actual or prospective purchaser of a
residential unit in the Condominium Housing Area, which is a
household whose gross annual income does not exceed 80% of the San
Diego Area Median Income, based upon household size. The parties
acknowledge that all residential units to be sold in the
Condominium Housing Area as Low Income Housing units shall contain
two bedrooms. Therefore, household size for purposes of
determining the San Diego Median Income for Low Income Purchasers
shall be a household of four.
1. 3 Moderate Income Housina Unit. The term "Moderate
Income Housing unit" shall mean a residential structure designed
for sale to a Moderate Income Purchaser, and constructed pursuant
to said design.
1.4 Moderate Income Purchaser. The term "Moderate
Income Purchaser" shall mean an actual or prospective purchaser of
a residential unit in the Condominium Housing Area, which is a
household whose gross annual income does not exceed 120% of the San
Diego Median Income, based upon household size. The parties
acknowledge that all residential units to be sold in the
Condominium Housing Area as Moderate Income Housing units shall
contain two or three bedrooms. Therefore, household size for
purposes of determining the San Diego Median Income for Moderate
Income Purchasers shall be a household of four for a two-bedroom
unit, and a household of six for a three-bedroom unit.
1.5 Phase. The term "Phase" shall refer to either a
development or marketing phase within the Condominium Housing Area.
1.6 San Dieao Median Income. The term "San Diego
Median Income" shall mean the San Diego County Area Median Income
Level as determined from time to time by the Department of Housing
and Urban Development, United States Government, based on household
size.
2. Satisfaction of Tentative MaD Condition and Termination
of First Amendment. The parties agree that the performance and
satisfaction by Applicant of every term, covenant and condition of
this Agreement will constitute full and complete satisfaction of
Condition No. 11 and the Supplemental Agreement. Upon recordation
of this Agreement, OWner and City agree that the First Amendment to
the Supplemental Agreement shall terminate and both parties shall'
be released from all obligations set forth therein. City shall
execute a quitclaim or other document requested by a title company
to release the First Amendment.
3. Dutv to Provide Moderate and Low Income Housina units.
Applicant shall devote, or otherwise provide, 10% of the Total Salt
Creek I units as Low or Moderate Income Housing Units in the
Condominium Housing Area. Applicant shall devote, or otherwise
3 2/11/92
'}-1
.,.u.._____..u._._".
provide, 7.5% of the Total Salt Creek I units as Moderate Income
Housing units within the Condominium Housing Area and 2.5% of the
Total Salt Creek I units as Low Income Housing units within the
Condominium Housing Area. As an example of such allocation, assume
that the Total Salt Creek I units is 523 units. In such case,
Applicant shall be required to devote 52 of such units within the
Condominium Housing Area as Low or Moderate Income Housing Units,
39 of which shall be devoted as Moderate Income Housing Units, and
13 of which shall be devoted as Low Income Housing units.
4. Low Income Housina Units.
4.1 Low Income Housina subsidv. Applicant will pay an
affordable housing subsidy of $600 per Salt Creek I unit ("Per Unit
Subsidy") to City at the close of escrow for each unit sold in Salt
Creek I, commencing as of the close of escrow on the twentieth unit
sold in Salt Creek I; provided, however, that Applicant shall not
be required to pay the Per unit Subsidy at the close of escrow for
the sale of any Low Income Housing Units. city will place the Per
unit Subsidies in an interest bearing escrow account. The Per unit
Subsidies will be paid until (a) 2.5% of the Total Salt Creek I
units are purchased by Low Income Purchasers as Low Income Housing
units or (b) until Three Hundred One Thousand Eight Hundred Seventy
Eight Dollars and Fifteen Cents ($301,878.15), plus the
Administrative Cost (as defined in Section 8), accrues in the
escrow account (including interest), whichever occurs first. The
escrow account shall be used to assist approximately 13 Low Income
Purchasers to purchase units in Salt Creek I. However, if at the
sole discretion of City, it is determined that any of the Low
Income Housing units cannot be provided on site, City shall use the
funds to provide other affordable housing opportunities in the City
of Chula Vista. At the point at which 2.5% of the Total Salt Creek
I units are sold as Low Income Housing units in accordance with
this Agreement, any unused funds in the escrow account shall be
returned to Applicant within forty-five (45) days after the sale of
the last unit comprising 2.5% of the total Salt Creek I units.
city shall deliver to Applicant, concurrently with the release of
a Phase for sale by Applicant, an accounting of all payments made
by city of such funds, together with a listing of all units to
which such subsidy payments were applied.
4.2 Initial Sales Price for a Low Income Housina Unit.
The initial sales price for a Low Income Housing unit in the first
Phase of the Condominium Housing Area shall be One Hundred Fifteen
Thousand Dollars ($115,000). If the San Diego Median Income is
increased, then the sales price for Low Income Housing units in any
Phase may be increased to reflect the increased purchasing power of
the Low Income Purchasers.
4.3 Proaram to Assist Low Income Purchasers. City
will develop and implement a program to assist Low Income
Purchasers with the purchase of units within the Condominium
4 2/11/92
CJ'" JIl
Housing Area. Such program shall be implemented subject to the
provisions set forth below.
4.3.1 Deed Restriction Proaram for Subsidized
Low Income Housina units. For each Low Income Housing Unit for
which the city provides a subsidy or any other assistance to the
Low Income Purchaser, the city shall have the right to restrict the
resale of a Low Income Housing Unit by prohibiting the resale of a
Low Income Housing unit to anyone other than a Low Income Housing
Purchaser for ten (10) years by imposing a deed restriction if such
resale would result in (a) a unit being sold below the current
market rate until all units are sold within the Condominium Housing
. Area; or (b) result in a "windfall" for the Low Income Purchaser
due to the financial assistance provided by Applicant and/or city.
If the city elects to impose such a deed restriction, then the deed
restriction shall include a provision which gives the City the
right to repurchase the Low Income unit in the event the Low Income
Purchaser elects to convey the Low Income Housing unit ("Right of
Purchase"). Such Right of Purchase may be assigned by the City to
a Low Income Purchaser who agrees to purchase such Low Income
Housing unit. The deed restriction shall include a provision which
states that, if the City or its assignee does not exercise its
Right of Purchase, the deed restriction shall terminate.
4.3.2 Deed Restriction for Non-Subsidv. Low
Income Housina Units. with respect to the conveyance of any Low
Income Housing units for which the City has not provided a subsidy
or any other assistance, the city shall have the right to impose a
deed restriction on a Low Income Housing Unit which is conveyed by
Applicant to a Low Income Purchaser to preserve and maintain the
affordability for subsequent purchasers, for a period of up to ten
(10) years after the conveyance of such Low Income Unit to the Low
Income Purchaser by Applicant ("Non-Subsidy Deed Restriction").
City acknowledges that the Non-Subsidy Deed Restriction is being
imposed upon Applicant as a requirement of the City, and Applicant
makes no warranty or representation regarding the enforceability of
any such Non-Subsidy Deed Restriction. City hereby waives,
relinquishes and covenants not to sue Applicant, any homeowners
association formed to govern the Condominium Housing Area
("Association"), or any other owners in the Condominium Housing
Area as a result of a breach by a Low Income Purchaser of any Non-
Subsidy Deed Restriction affecting such Low Income Purchaser's
unit. City further agrees that it will not take any actions to
enforce the Non-Subsidy Deed Restriction if such actions will
adversely impact Applicant's ability to market the remaining units
in Salt Creek I. City shall indemnify, protect, defend and hold
Applicant and its successors and assigns and any Association
harmless from and against any claims, actions, damages, and
liabilities (including, without limitation, attorneys' fees)
arising from or attributable to the Non-Subsidy Deed Restriction
and any actions filed by the City to enforce such Non-Subsidy Deed
Restriction.
5 2/11/92
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"--...--..-.---
4.3.3 Reauirements Reaardina Deed Restrictions. Any
deed restrictions imposed under Sections 4.3.1 or 4.3.2 shall be
imposed in accordance with the requirements set forth below. Any
deed restrictions permitted under Sections 4.3. 1 and 4.3.2 shall be
imposed at the time that Applicant conveys a unit to such Low
Income Purchaser. city agrees that any deed restrictions, shall
not unreasonably adversely impact Applicant's ability to market the
remaining units within Salt Creek I and City shall obtain the prior
written approval of Applicant to any such programs or deed
restrictions at least nine months prior to the implementation of
such programs or deed restrictions. The approval of Applicant to
any deed ~estriction shall not be unreasonably withheld by
Applicant. If Applicant reasonably withholds its consent,
Applicant and the Director of Community Development shall meet, in
good faith, to reach agreement on a form of deed restriction which
will be acceptable to both Applicant and City.
5. Construction Standards. The Low and Moderate Income
Housing Units shall be constructed to substantially the same
material quality standards as all other residential units to be
constructed in the Condominium Housing Area.
6. ReDortina Reauirements. Commencing on the date on which
the units in the first Phase are released for sale, and continuing
on the dates on which the units in each subsequent Phase are
released for sale, Applicant shall deliver to city a report
("Compliance Packet") which includes the information set forth
below.
6.1 Actual Purchasers. with respect to each Low and
Moderate Income Purchaser who enters into a purchase contract with
Applicant since the previous report, the Compliance Packet shall
include (a) a copy of each purchase contract entered into with such
Low and Moderate Income Purchasers and (b) a qualifying form to be
signed by a representative of Applicant or by any other person
designated to qualify purchaser as a Low or Moderate Income
Purchaser which includes the information which Applicant relied
upon in determining that the purchaser qualifies as a Low or
Moderate Income Purchaser. The qualifying form shall be in a form
approved by city's Director of Community Development, in such
person's reasonable discretion.
6.2 Non-Purchasers. with respect to each person who
applies as a Low or Moderate Income Purchaser but did not qualify
as a Low or Moderate Income Purchaser, the Compliance Packet shall
include a report which sets forth each household's name, address,
telephone number, size of household, gross annual income,
ethnicity, date of application and reasons for not purchasing a
unit. The report shall be prepared by Applicant or by any other
person designated to qualify a purchaser as a Low or Moderate
Income Purchaser.
6 2/11/92
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......-....--.-.-,.
6.3 Authorization for Release. Each Compliance Packet
which is delivered to City shall contain an acknowledgement by each
household applying as a Low or Moderate Income Purchaser that (a)
the information in the Compliance Packet is required by city, (b)
the household authorizes the release of the Compliance Packet to
City, (c) the information in the Compliance Packet is for use only
by City in accordance with the sale of Low and Moderate Income
Housing Units in Salt Creek I, and (d) such information may not be
disclosed to any person or entity other than representatives of
City who are administering Applicant's compliance with the
provisions of this Agreement.
7. Dutv to Provide a Marketina Plan and Dutv to Market Low
and Moderate Income Housina units to Low and Moderate Income
Purchasers. Applicant shall provide a plan ("Marketing Plan")
acceptable to City, in its reasonable discretion, for proactively
marketing the Low and Moderate Income Housing units to Low and
Moderate Income Purchasers. Applicant shall use good faith and
reasonable best efforts to market the Low and Moderate Income
Housing Units to Low and Moderate Income Purchasers, respectively,
according to the Marketing Plan. City agrees to use good faith and
reasonable best efforts to assist Applicant in marketing the Low
and Moderate Income Housing Units and to assist in obtaining the
services of a third-party organization in connection with such
marketing efforts and in processing the applications of prospective
purchasers of Low and Moderate Income Housing Units and complying
wi th the reporting requirements set forth in section 6 of this
Agreement.
8. Administrative Costs. Applicant agrees to pay City for
the reasonable administrative costs incurred by city in connection
with the administration of this Agreement; provided, however, such
administrative costs shall not exceed $100 for each Low Income
Housing unit sold to Low Income Purchasers ("Administrative
Costs") . The Administrative Costs will be applied by the City,
toward staff costs associated with the City's obligations under
this Agreement, including, but not limited to, such things as costs
relating to telephone questions and referring eligible buyers,
advertising, assisting with marketing program, monitoring sale and
phasing of Low/Moderate units, administering "silent 2nd" program,
or applications for state and federal subsidies.
9. Additional Subsidies. The parties acknowledge that, due
to the increased cost of land development, it is becoming
increasingly difficult for developers such as Applicant to offer
affordable housing units for sale to Low and Moderate Income
Purchasers. Accordingly, during the term of this Agreement, City
agrees to use good faith and reasonable best efforts to assist
Applicant in providing affordable housing in Salt Creek I by
obtaining the benefit of certain financing and other mechanisms
which would reduce the cost of providing affordable housing in Salt
Creek I, including, but not limited to, local, state and federal
7 2/11/92
9-)3
- -----"--_..
subsidies, density bonuses, planning, design and development
techniques and standards which reduce the cost of providing
affordable housing, the issuance of mortgage revenue bonds and
application for Federal Mortgage Credit certificates (collectively,
the "Cost Reducing Mechanisms"). The parties acknowledge that City
is unable to guarantee the availability of any Cost Reducing
Mechanisms to Applicant or on a project specific basis for Salt
Creek I. Notwithstanding the foregoing, in light of the fact that
Applicant is one of the first developers in the City to enter into
an agreement to provide affordable housing in the City, the parties
agree that if, as a result of any legislation enacted after the
date of this Agreement or any other changed circumstances, the City
is able, both legally and as a result of the availability of such
Cost Reducing Mechanism, to reserve or otherwise provide any Cost
Reducing Mechanisms for the benefit of any developer in the City,
or for the benefit of any specific project in the City, then city
agrees that it will afford Applicant special consideration in
obtaining the benefit of such Cost Reducing Mechanisms before such
Cost Reducing Mechanisms are offered to other developers in the
city.
10. EXDeditina Issuance of Buildina Permits and processina of
~. In order to achieve the purpose of this Agreement which is
to provide Low Income Housing units and Moderate Income Housing
units within the Condominium Housing Area, City agrees that it will
make a good faith effort to insure the timely issuance of building
permits to Applicant and the timely processing of maps for Salt
Creek I.
11. Phasina for Low and Moderate Income Housina Units. As a
matter of economic practicality, the parties recognize that all of
Applicant's compliance under the terms of this Agreement shall
occur by the sale of units in the Condominium Housing Area. It is
the plan of Applicant to construct and sell units in the
Condominium Housing Area in various Phases, depending on market
absorption. The parties agree that the sale of Low and Moderate
Income Housing units in various Phases shall occur as set forth
below.
11.1 Phasina of Low Income Housina units.
11.1.1 Phasina Schedule. Attached hereto as
Schedule "1" is a phasing schedule ("Phasing Schedule") which sets
forth the number of phases in the Condominium Housing Area, the
number of Low Income Housing units which Applicant intends to sell
in each phase and which individual units in each phase shall be
sold as Low Income Housing Units. City acknowledges and agrees
that it may be necessary for Applicant to make changes in such
Phasing Schedule. City hereby delegates to the Director of
Community Development the right and power to agree to any· changes
to such Phasing Schedule. Any changes to such Phasing Schedule
shall not require an amendment to this Agreement. The following
8 2/11/92
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provisions shall be applicable to the phasing of units in the
Condominium Housing Area.
11.1.2 ComDliance with Phasina Schedule.
Applicant shall use good faith efforts to design, construct, price
and sell Low Income Housing units according to the Phasing
Schedule.
11.1.3 Modifications to Phasina Schedule. The
Phasing Schedule may be modified by Applicant from time to time
provided that any such modifications are approved in advance in
writing by City's Community Development Director, in such person's
reasonable discretion. In addition, the parties acknowledge and
agree that if any unit which is designated in the Phasing Schedule
as a Low Income Housing Unit is not sold at least thirty (30) days
after the issuance of a certificate of completion then (a)
Applicant shall be released from its obligation of selling such
unit as a Low Income Housing unit within such Phase and (b) the
Phasing Schedule shall be modified such that Applicant shall
designate a Low Income Housing unit in the next Phase in which no
Low Income Housing units have been designated. Notwithstanding any
modifications to the Phasing Schedule as provided in this Section,
the parties agree that in no event shall the number of Low Income
Housing units in anyone Phase exceed twenty percent (20%) of the
total number of units in such Phase ("Maximum Threshold").
11. 2 Phasina of Moderate Income Housina units.
Applicant and city agree that Applicant shall use good faith
efforts to sell thirty percent (30%) of the total units to be sold
in each Phase as Moderate Income Housing Units.
11.3 Phase 5 Meetina. If, as of the date which is
ninety (90) days prior to the first sale of a unit in the fifth
Phase, Applicant has not sold all of the Low and Moderate Income
Housing units which Applicant is obligated to sell under this
Agreement, then, at least ten (10) days prior to the first sale of
a unit in the fifth Phase, Applicant and City shall meet in good
faith to evaluate the Marketing Plan and to make any adjustments or
modifications in the Marketing Plan or any of the other
requirements and obligations of this Agreement as may be warranted.
12. Release.
12.1 Release of Units. City shall release units
located in the Condominium Housing Area from this Agreement and the
burden of the covenants set forth herein upon the satisfaction of
any of the conditions set forth below.
12.1.1 If (a) Applicant enters into an agreement
to sell a unit to a Low or Moderate Income Purchaser which,
pursuant to the sales agreement, will be sold in compliance with
this Agreement, and (b) Applicant pays the Per Unit Subsidy to City
9 2/11/92
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at the close of escrow, if required, then City shall release such
unit from this Agreement concurrently with the close of escrow for
such unit.
12. 1. 2 If (a) Applicant enters into an agreement
to sell a unit to a purchaser who is not a Low or Moderate Income
Purchaser, (b) sufficient units remain available to satisfy
Applicant's obligations under this Agreement in the Condominium
Housing Area, and (c) Applicant pays the Per Unit Subsidy to city
at the close of escrow, then City shall release such unit from this
Agreement concurrently with the close of escrow for such unit.
12 . 1. 3 If, after thirty (30) days after the
issuance of a certificate of completion by the City, Applicant,
despite its good faith efforts, is unable to sell the Dwelling Unit
to a Low Income Household or a Moderate Income Household, city
shall release such Dwelling Unit from this Agreement.
12 . 1. 4 If Applicant has reached the Maximum
Threshold for Low Income Housing units in each remaining Phase
pursuant to section 11.1.3, City shall release the Dwelling units
in excess of the Maximum Threshold from this Agreement.
12.2 Procedures for Release. If city is obligated to
release a unit pursuant to section 12.1 above, then Applicant may
obtain the release by delivering the following to city: (a) a
written request indicating the unit to be released, (b) if the
release is requested pursuant to section 12.1.1 or 12.1.2 above, a
copy of the agreement evidencing the sale of the unit, (c) if the
release is requested pursuant to Section 12.1.2 above, evidence
that there are a sufficient number of units which remain available
to satisfy Applicant's obligations under this Agreement, (d) if the
release is requested pursuant to section 12 . 1. 3 , a copy of the
certificate of completion, (e) if the release is requested pursuant
to section 12.1.4 a statement from Applicant certifying that the
Maximum Threshold has been reached, (f) a Release of Property from
Affordable Housing Agreement in the form attached hereto as Exhibit
"B'L' and incorporated herein or a quitclaim or any other document
acceptable to a title company to remove this Agreement from title
("Release" ) to be executed by the Director of Community
Development, and (g) such additional documentation as Applicant and
the title company may reasonably require to effect the release.
Within thirty (30) days after city's receipt of such documents, the
Director of Community Development shall execute the Release and any
other documentation reasonably required to effect the release and
return it to the escrow agent designated by Applicant. The Release
shall then be recorded by escrow agent in the Official Records of
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the San Diego County Recorder's Office at the close of escrow for
the sale of the unit.
13. General Provisions.
13.1 Maintenance of Records. Applicant shall use
reasonable efforts to keep and maintain complete records of
information that it receives in connection with the application by
individuals/households to become Low or Moderate Income Purchasers
and all information received from lenders regarding the
qualification of such individuals/households.
13.2 Audit bv citv. city shall have the right during
normal business hours and following reasonable prior written
notice, to inspect the records maintained by Applicant in
connection with the fulfillment of Applicant's obligations under
this Agreement, subject to any privacy rights afforded to any such
purchasers.
13.3 Reliance bv Applicant. Applicant shall be
entitled to reasonably rely on information furnished to it and to
lenders by Low and Moderate Income Purchasers. Nothing in this
Agreement shall be interpreted or construed to require Applicant to
perform any extraordinary investigation or verification regarding
such information, provided that Applicant and the lenders involved
in financing the sale of Low or Moderate Income units employ usual
and customary means of information verification.
13.4 Notices. Unless otherwise provided herein,
control and administration of this Agreement shall be vested in the
Director of Community Development of City as to City's interest
herein. Any communications relative to the terms or conditions or
any changes thereto or any notice or notices provided for by this
Agreement or by law to be given or served upon either party
hereunder may be given or served by personal delivery or by
certified or registered mail, deposited in the united States mail,
postage prepaid and return receipt requested, or by Federal Express
or other similar overnight delivery service and addressed to the
party for whom intended, as follows:
To City at:
City of Chula vista
Community Development Department
276 Fourth Avenue
Chula vista, California 91910
Attn: Director of Community Development
11 2/11/92
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To Applicant at:
FN Projects
c/o The Baldwin company
11975 El Camino Real, Suite 200
San Diego, California 92130
Attn: Ms. Claudia Troisi
with a copy to:
First Nationwide Bank
Salt Creek I
9800 S. Sepulveda Blvd., suite 202
Los Angeles, CA 90045
Attn: Rob Jepson
Any party hereto may from time to time, by written notice to the
other, designate a different address which shall be substituted for
the one above specified. Unless otherwise specifically provided
for herein, all notices, payments, demands or other communications
given hereunder shall be in writing and shall be deemed to have
been duly given and received (i) upon personal delivery, or (ii) as
of the third business day after mailing by united States registered
or certified mail, return receipt requested, postage prepaid,
addressed as set forth above, or (iii) the immediately succeeding
business day after deposit with Federal Express or other equivalent
overnight delivery system.
13.5 Gender: Number. The use herein of (i) the neuter
gender includes the masculine and the feminine and (ii) singular
number includes the plural, whenever the context so requires.
13.6 Modification. No modification, waiver, amendment,
discharge or change of this Agreement shall be valid unless the
same is in writing and signed by the party against which the
enforcement of such modification, waiver, amendment, discharge or
change is or may be sought.
13.7 Attornevs' Fees. In the event either party shall
institute any action in connection with this Agreement, the
prevailing party shall be entitled to recover from the other party
all of its costs of action, including without limitation reasonable
attorneys' fees.
13.8 Bindina on Successors. All terms of this
Agreement shall be binding upon, inure to the benefit of and be
enforceable by the parties hereto and their successors and assigns.
12 2/11/92
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13.9 Entire Aareement. This Agreement contains the
entire agreement between the parties re1ating to the transactions
contemplated hereby and a1l prior and contemporaneous agreements,
understandings, representations, negotiations and statements, oral
or written, are hereby superseded and merged into this Agreement.
13.10 Burdens of Covenants Run with the Land. The
parties agree that the burden of the covenants herein contained
touches and concerns the Condominium Housing Area, and that it is
the intent of the parties that such covenants shall be binding
upon, and run with, the land. The property which is benefitted by
such covenants shall be the property owned by City within City
limits which is located adjacent to Salt Creek I. Accordingly, the
burden of such covenants shall be binding upon and oblige the
successors in interest to the Condominium Housing Area regardless
of express assumption thereof by future owners at least until the
covenants are performed or released according to the provisions
hereof.
13.11 Remedies. without limitation, City is authorized
to exercise all remedies, including all discretionary and
ministerial governmental powers, in order to obtain compliance with
the terms of this Agreement. Applicant shall also be entitled to
exercise all available remedies in order to enforce the terms of
this Agreement.
13.12 Protection of Lenders. A breach by Applicant of
any of its covenants under this Agreement shall not defeat or
render inva1id the lien of any first mortgage or first deed of
trust made in good faith, without knowledge of the breach and for
value by any lender of funds for the construction or improvement of
the Property.
13.13 Governina Law. This Agreement shall be governed
by and construed under the laws of the state of California. This
Agreement shall be deemed made and entered into in San Diego
County.
13.14 Severabilitv. In the event that any phrase,
clause, sentence, paragraph, section, article or other portion of
this Agreement shall become illegal, null or void or against public
policy, for any reason, or shall be held by any court of competent
jurisdiction to be illegal, null or void or against public policy,
the remaining portions of this Agreement shall not be affected
thereby and shall remain in force and effect to the fullest extent
permissible by law.
13 2/11/92
9-li
13.15 Counterparts. This Agreement may be executed in
counterparts, each of which, when taken together, shall constitute
fully executed originals.
WHEREUPON THE PARTIES HERETO DO HEREBY INDICATE THEIR CONSENT
TO THE TERMS OF THIS AGREEMENT BY SETTING THEIR SIGNATURE
HEREINBELOW, AND BY DOING SO, REPRESENT THAT THEY WERE AUTHORIZED
BY THEIR PRINCIPAL TO EXECUTE THE AGREEMENT ON BEHALF OF THEIR
PRINCIPAL.
CITY:
Dated: THE CITY OF CHULA VISTA, a
municipal corporation
By:
Tim Nader, Mayor
APPLICANT:
Dated: ~_/~ -jrt- FN PROJECTS, a California
corporation
BY:ItÇ~ ~~
By:
Its:
f'.. ~7
APPROVED as to form and legality this 1'1 day of -¡.J!.". ,
17 'í7 .
\\ltJ ~
D. Richard Rudolph,
Assistant city Attorney
F:\DMS\NTS.DIR\7D~3095.WP
14 2/11/92
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F,J<HIBIT "A"
-~
Legal Owner:
FNP, Inc.
The Legal Description for Salt Creek One is:
'parcel 1 of Parcel Map 16033 filed in the County Recorder's
Office of the County of San Diego on March 22, 1990 of File
Number 90-152376.
A working description of the portion of the property for which
the applicant seeks a final map is all 124 acres of 'parcel 1 of
Parcel Map 16033 filed in the County Recorder's Office of the
County of San Diego on March 22, 1990 of File Number 90-152376.",
except the south eastern 33.5 acres which are designated for
residential densities in excess of 5 dwellings unites per acre.
1-;2/
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I
I EXHIBIT "B"
I
PARCEL 3
--------
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, FILED IN
i THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 22, 1990, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
,
1 BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP,
DISTANCE THEREON, SOUTH 00 DEG 05' 00" EAST, 2026.58 FEET FROM
THE NORTHEASTERLY CORNER THEREOF; THENCE LEAVING SAID BOUNDARY
SOUTH 89 DEG 55' 00" WEST, 72.00 FEET TO A POINT ON THE ARC
OF A 1964.00 FOOT RADIUS NONTANGEN'l' CURVE, CONCAVE WESTERLY, A
RADIAL LINE '1'0 SAID POINT BEARS NORTH 89 DEG 55' 00" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON-
TANGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET;
THENCE SOUTH 75 DEG 27' 51" WEST, 50.00 FEET; THENCE SOUTH 63
DEG 45' 00" WEST, 376.60 FEET; THENCE, SOUTH 57 DEG 56' 07"
. WEST, 91.72 FEET TO A POINT ON THE BOUNDARY OF THE ABOVE MEN-
TIONED MAP NO. 12827; THENCE, SOUTHERLY ALONG SAID BOUNDARY TO
A POINT ON THE BOUNDARY OF THE ABOVE MENTIONED PARCEL MAP NO.
16ú33; THENCE FOLLOWING SAID BOUNDARY OF PARCEL MAP NO. 16033,
! SOUTH 89 DEG 06' 06" EAST, 517.28 FEET, AND NORTH 00 DEG 05'
100" WEST, 605.72 FEET TO THE POINT OF BEGINNING.
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SCHEDULE 1
SALT CREEK ONE
LOW-INCOME HOUSING CONSTRUCTION PHASING SCHEDULE
Phase No. of Unite in Phase Low-Income
1 Recreation (0) 0
2 Models (12) 0
3 12 1
4 24 4
5 24 2
6 12 3
7 24 3
8 21 0
9 12 0
Note: If marketing does not result in sale of these designated
units then additional units which could be designated are available
as follows:
Models 1
Phase 7 2
Phase 8 5.
Phase 9 3
9 -,23
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RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
The Baldwin Company )
Salt Creek I )
11975 El Camino Real, suite 200 )
San Diego, CA 92130 )
Attn: Ms. Claudia Troisi )
}
Above Space for Recorder's Use
RELEASE OF PROPERTY FROM
AFFORDABLE HOUSING AGREEMENT
This RELEASE OF PROPERTY FROM AFFORDABLE HOUSING AGREEMENT
("Release" ) is made and effective as of by THE CITY OF
CHULA VISTA, a municipal corporation ("City"), with reference to
the facts set forth below.
RECITALS
A. City and FN Projects, Inc. , a California corporation
("Applicant") entered into that certain Agreement to Provide Low
and Moderate Income Housing dated , 1992 ("Affordable
Housing Agreement") which provides for the obligations and rights
of city and Applicant with respect to the allocation of affordable
housing units in a development located in the City of Chula Vista,
County of San Diego, state of California commonly known as "Salt
Creek I."
B. section 12 of the Affordable Housing Agreement provides
for the release of certain dwelling units from the burden of the
Affordable Housing Agreement upon the satisfaction of certain
conditions. City acknowledges that the conditions set forth in
section 12 for the release of the property described on Exhibit "A"
attached hereto and incorporated herein ("Property") have been
satisfied.
C. City desires to execute this Release to release the
Property from the burden of the Affordable Housing Agreement.
NOW, THEREFORE, in consideration of the premises set forth
above and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledge, City agrees as set
forth below.
EXHIBIT "B"-I
Page 1 of 2
9/02Lj
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1. Release of ProDertv. By execution of this Release, City
acknowledges and agrees that the conditions to the release of the
Property set forth in section 12 of the Affordable Housing
Agreement have been satisfied and that the Property is hereby
released from the burden of the Affordable Housing Agreement.
IN WITNESS WHEREOF, City has executed this Release as of the
date first above written.
CITY:
THE CITY OF CHUIA VISTA, a
municipal corporation
By:
Director of Community Development
EXHIBIT "B"-I
Page 2 of 2
/
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EXHIBIT "A"
-
Legal Owner:
FNP, Inc.
The Legal Description for Salt Creek One is:
·parcel 1 of Parcel Kap 16033 filed in the County Recorder's
Office of the County of San Diego on March 22, 1990 of File
Number 90-152376.
A working description of the portion of the property for which
the applicant seeks a final map is all 124 acres of ·Parcel 1 of
Parcel Map 16033 filed in the County Recorder's Office of the
County of San Diego on Karch 22, 1990 of File Number 90-152376.",
except the south eastern 33.5 acres which aredesiqnated for
residential densities in excess of 5 dwellings unites per acre.
9-,2 V
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I . EXHIBIT "8"
PARCEL 3
--------
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, FILED IN
THE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 22, 1990, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
,
I BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL MAP,
DISTANCE THEREON, SOUTH 00 DEG 05' 00" EAST, 2026.58 FEET FROM
THE NORTHEASTERLY CORNER THEREOF; THENCE LEAVING sAID BOUNDARY
SOUTH 89 DEG 55' 00" WEST, 72.00 FEET TO A POINT ON THE ARC
OF A 1964.00 FOOT RADIUS NON'l'ANGENT CURVE, CONCAVE WESTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 89 DEG 55' 00· EAST;
THENCE NORTHERLY ALONG '!'HE ARC OF SAID CURVE THRoUGH A CENTRAL
ANGLE OF 02 DEG 20' 37", A DISTANCE OF 80.34 FEET; THENCE NON-
TANGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET;
THENCE SOU'l'H 75 DEG 27' 51" WEST, 50.00 FEET; THENCE SOUTH 63
DEG 45' 00" WEST, 37/).60 FEET¡ THENCE, SOUTH 57 DEG 56' 07"
WEST, 91.72 FEET TO A porn'!' ON THE BOUNDARY OF THE ABOVE MEN-
TIONED MAP NO. 12827; THENCE, SOUTHERLY ALONG SAID BOUNDARY TO
A POINT ON THE BOUNDARY OF THE ABOVE MENTIONED PARCEL MAP NO.
16ú33¡ THENCE FOLLOWING SAID BOUNDARY OF PARCEL MAP NO. 16033,
! SOUTH 89 DEG 06' 06" EAST, 517.28 FEET, AND NORTH 00 DEG 05'
I 00" WEST, 605.72 FEET TO THE POINT OF BEGINNING.
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COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 2/18/92
ITEM TITLE: Resolution J¿.5t?? Approving State-Local Partnership
Program Master Agreement No. SLTPP-5203 between the City of
Chul a Vista and the State of California and authorizing the
City Engineer to sign all program supplements. to State-Local
Transportation Partnership p~Agreement #SLTPP-5203
SUBMITTED BY: Director of Public w~~
REVIEWED BY: City Manager JUG ~ 4 (4/5ths Vote: Yes_No_.!..)
Adopted Counc il Resolutions #14150, 15738, and 16259 approved the submittal of
applications for State-Local Transportation Partnership Program funds. In
order to qualify for funding under said program the City is required to enter
into an agreement with the State that delineates certain responsibilities
relative to the prosecution of all projects in the different cycles as
discussed below. This resolution also will authorize the City Engineer to
sign all the program supplements to the State-Local Transportation Partnership
Program Agreement #SLTPP-5203. There will be one program supplement agreement
for each project.
RECOMMENDATION: That City Council adopt the resolution as stated in the item
title above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1988, the State-Local Transportation Demonstration Program was created by
Senate Bill SB-140. This program provided State funds for local entities on
highways and exclusive mass transit guideway projects for transportation
improvements. Most of the provisions in SB-140 depended on the passage of a
Transportation Bond Act in June of 1989. The bond act did not pass and the
Department of Transportation subsequently determined that the State-Local
Transportation Demonstration Pr09ram should continue.
A year later, the program became the State-Local Transportation Partnership
Program under SB-300. Instead of bonds, the funds for this program came from
the State Highway Account and were included in the Governor's Annua 1 Budget.
Under this program, the State shares in the construction cost of each eligible
project by matching up to 50% of all eligible costs. Eligible costs include
any locally generated funding such as Transnet (Prop. "A" sales tax), General
Funds, or developer contributions. The State will not match Federa 1 fund s or
State grants (including Gas Tax). As a result of previous legislation, the
Partnership Program is a continuous program. Each cycle within the program
begins with the application submittal on July 1 and could require a maximum of
five years to complete. The construction contracts must be awarded within two
years after submi tta 1 deadline of July 1. The legislative intent of this
program is to identify eligible locally funded projects which are ready to
construct with minimal State planning and review.
j¿J....J
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Page 2, Itell /¿J
Meeting Date 2/18/92
The City Council has approved submittal of applications for cycles 1, 2, and 3
of said program. Currently we have the following projects in each cycle:
Cvcle 1 (Construction contract was awarded orior to set deadline of
June 30. 1991):
1. Telegraph Canyon Road/Otay lakes Road Phase III
Cvcle 2 (Construction contracts must be awarded bv June 30. 1992):
1. Broadway between "F" and "I" Streets
2. Otay Valley Road between I-80S and east of Nirvana
3. Main Street at the MTDB crossing
4. Fifth Avenue between "l" and Naples Streets
5. Fifth Avenue between Oxford Street and Orange Avenue
Cvcle 3 (Construction contracts must be awarded bv June 30. 1993):
1. Broadway between "l" and Naples Street
2. Broadway between "I" and "l" Streets
3. Broadway between Naples Street and southerly city limits
4. Main Street between 1-5 and Industrial Boulevard
5. Fifth Avenue between Naples Street and Oxford Street
6. Fourth Avenue between Kittiwake lane and Del Rey High School
The submittal deadline for Cycle 4 is June 30, 1992.
As a condition of qual ifying for funds under the State-local Transportation
Partnership Program, the City of Chula Vista must enter into an agreement with
the State of California that delineates certain responsibilities relative to
the prosecut ion of each of the projects 1 i sted above. Said responsibil ities
pertain to the fo 11 owi ng articles: contract administration, right-of-way,
engineering, accommodat i on of ut il it i es, condition of acceptance, and other
miscellaneous provisions.
The following are highlights of the major conditions outlined in the Master
Agreement:
1. Projects shall be constructed in accordance with the Master Agreement and
the SB-300 guidelines.
2. The City is responsible to advertise, award and administer the
construction contract for the project and to acqu ire any right-of-way
with City funds at no cost to this program prior to advertising.
3. The Ci ty agrees that the payment of SB-300 funds wi 11 be 1 imi ted to the
1 esser of the product of mult i plyi ng the calculated pro-rata percentage
as determined by the State by either:
JtJ...;¿
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Page 3. I tell I~
Meeting Date 2/18/92
a. The total eligible State-Local partnership project cost in the
approved State-Local Partnership Program application.
b. The award amount.
c. The final cost amount.
4. The City is responsible for preparing an expenditure report within 120
days of completion of construction and for conducting a financial audit
of the project costs. The audit could be reviewed by the State if it is
determi ned necessary and the State has the abil ity to demand return of
excess funds.
Said Agreement is a Master Agreement that will be foll owed by Program
Supplement Agreements for each specific project. Adoption of this resolution
will authorize the City Engineer to sign each of the Program Supplement
Agreements that will follow for all the projects listed above, and in
addition, for the projects that will be included in future cycles.
FISCAL IMPACT: Potential revenue amounts to the City wi 11 be dependent upon
the computed percentage of State share in each of the cycles. The State share
ratio for Cycle 1 was set at 21.8%. The Cycle 2 State share ratio is about
30%. The ratio for Cycle 3 has not been set yet. Based on the Cycle 1 and 2
ratios, the potential revenue to the City for cycle 2 and cycle 3 could be as
much as $219,000 and $3,076,000, respectively.
SMN: kpj/Fil e: KY179
WPC 5859E/Sami r
/¿J.-y //IJ-J.j-
RESOLUTION NO. /6.5tJ7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING STATE-LOCAL PARTNERSHIP
PROGRAM MASTER AGREEMENT NO. SLTPP-5203
BETWEEN THE CITY OF CHULA VISTA AND THE STATE
OF CALIFORNIA AND AUTHORIZING THE CITY
ENGINEER TO SIGN ALL PROGRAM SUPPLEMENTS TO
STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
AGREEMENT #SLTPP-52-3
WHEREAS, Council Resolutions #14150, 15738 and 16259
approved the submittal of applications for State-Local
Transportation Partnership Program Funds; and
WHEREAS, in order to qualify for funding under said
program, the City is required to enter into an agreement with the
State that delineates certain responsibilities relative to the
prosecution of all projects in the different cycles; and
WHEREAS, it is necessary to authorize the City Manager,
or his designee, to sign all the program supplements to the State-
Local Transportation Partnership Program Agreement #SLTPP-5203.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve State-Local Partnership
Program Master Agreement No. SLTPP-52-3 between the City of Chula
vista and the State of California, a copy of which is on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager or his
designee is hereby authorized to sign all the program supplements
to the State-Local Transportation Partnership Pro ram Agreement
#SLTPP-5203.
Presented by
John P. Lippitt, Director of , C ty Attorney
Public Works
C:\RS\SLTPP
lð"'5!/()-b
- = -- --~_._--,-
- - -
¡/18/90
STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPp-'im'\
STATE-LOCAL PARTNERSHIP PROGRAM
(Pursuant to S&H Code Section 2600 et seq)
11 City of Chula Vista
DISTRICT LOCAL ENTITY
THIS AGREEMENT, made in duplicate this day of
199 -' by and between Citv of Ch111A V;~rA ,
a City, County, or LOCAL ENTITY, as defined in streets and
Highways Code Section 2601(a) , hereinafter referred to as
"LOCAL ENTITY", and the state of California,_ acting by and
through the Department of Transportation, herein referred to
as "STATE".
WITNESSTH
WHEREAS, as provided by Section 2600 et seq. of the
Streets and Highways Code, LOCAL ENTITY, has applied for
State Share funds to be used for an "Eligible project" as
defined, herein referred to as "PROJECT" selected by LOCAL
ENTITY.
WHEREAS, STATE is required to enter into an agreement
with LOCAL ENTITY to delineate certain responsibilities
relative to prosecution of the said PROJECT.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - Contract Administration
1- Projects shall be constructed in accordance wit~ this
agreement and as described in the Project Termini and Type
of Work of the Program Supplemental Agreement.
2. Unless otherwise provided in the Program Supple=ent the
LOCAL ENTITY shall advertise, award and administer ~he
construction contract for the PROJECT.
3. The construction work for PROJECT shall be performed by
contract. As a condition of acceptance of the State Share
Funds provided for this PROJECT, LOCAL ENTITY will abide by
the State/Local Partnership Program policies, procedures,
guidelines and any special covenants in the Program
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supplement which is made part of this agreement by this
reference.
,1-.
4. The estimated cost and scope of PROJECT will be as shown
in the approved project Application which, by reference
herein, is made part of this agreement. A contract for an
amount in excess of said estimate may be awarded and
expenditures may exceed said estimate provided LOCAL ENTITY
will provide the additional funding and that sufficient
LOCAL ENTITY money is available to finance same.
5. If the total state Share for all eligible PROJECTS
exceeds the amount specified in sUbdivision (b) of
section 2600 of the Street and Highways Code, the STATE shall
compute the pro rata share of State Share' funds to be
available so that each eligible PROJECT will receive the same
ratio of State Share to local share funding.
6. The LOCAL ENTITY agrees that the payment of State Share
Funds will be limited to the lesser of the product of
multiplying the calculated pro rata percentage as determined
by the STATE by either:
(a) the Total eligible State/Local Partnership Project
Cost in the approved State/Local Partnership Program
Application. *
(b) the award amount. *
(c) the Final Cost amount. *
and accepts any consequent increase in LOCAL ENTITY
funding requirements.
* Includes contract items plus a maximum of 10% for
contingencies and construction engineering.
7. subsequent to the Legislature appropriating the State
Share funds and after the LOCAL ENTITY has entered into:
a) this State-Local Entity Master Agreement; b) a project
specific Program Supplement; and c) awarded the contract
for a eligible project, the LOCAL ENTITY may request and
shall receive payment for eligible work as follows:
(a) STATE will pay it's proportionate "State's Share"
of the eligible participating costs upon LOCAL ENTITY
submittal of acceptable monthly progress pay estimates
for expenditures. Initial progress billings should
cover completed or underway contract work.
(b) If PROJECT is a cooperative project and
includes work on a STATE highway, PROJECT shall be the
subject of a separate cooperative agreement between
the STATE and LOCAL ENTITY.
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S. The Legislature of the state of California and the
Governor of the State of California, each within their
respective jurisdictions, have prescribed certain employment
practices with respect to contract and other .ork financed
with state funds. LOCAL ENTITY shall ensure that work
performed under this agreement is done in conformance with
the rules and regulations embodying such requirements where
they are applicable.
9. After completion of all work under this agreement and
after all costs are known, LOCAL ENTITY shall contract for a
financial audit of the project costs. The Final Audit, to be
accomplished at the LOCAL ENTITY'S expense, may be done on an
individual project basis, or may be included in the LOCAL
ENTITY's annual single Audit. If an individual project audit
is done, the auditor must prepare a Final Audit Report. If
the LOCAL ENTITY chooses the Single Audit option, a
Management Letter will be required for the State Share
funding. In either case, the audit will include compliance
tests required by the single Audit Act and its implementing
directive, OMB Circular A-12S. The compliance testing should
ensure controls are in place to assure that:
(a) Reimbursement claims submitted to the State for
the project are supported by payment vouchers and
canceled checks.
(b) Charges for the various categories of eligible
costs incurred by the LOCAL ENTITY are fully supported.
(c) Ineligible costs were not claimed as reimbursable
on the project.
(d) Construction Engineering and conti~gencies do not
exceed 10% of contract items.
(e) Local match funds were from an approved source.
10. The Final Project Expenditure Report must be completed
within 120 days of project completion and should be in the
format described in Volume I, Section 19, E~~ibit 19-1a of
the Local Programs Manual. The Final Audit must be completed
by December 30th following the fiscal year of project
completion. Project completion is defined as when all work
identified in the approved State/Local Partn~~ship
Application and Program Supplement Agreement has been
completed and final costs are known. The report documents
(Final Project Expenditure Report and Final Audit Report)
will be sent to the appropriate State Department of
Transportation District Office. Failure to comply with these
reporting requirements may result in withholding of future
3 I () -1
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allocations by the Commission.
11. The state reserves the right to conduct separate
technical and financial audits if it is determined necessary.
After the financial audit, LOCAL ENTITY shall refund any
excess state Share funds reimbursed to LOCAL ENTITY beyond
its entitlement.
12. Should the LOCAL ENTITY fail to pay STATE claims within
30 days of demand, the STATE, acting through State
Controller, may withhold an equal amount frcrm future
apportionments due the LOCAL ENTITY from the Highway Users
Tax Fund. The STATE may, at its option, intercept and apply
any monies otherwise due the LOCAL ENTITY to pay these
claims.
13. When THE PROJECT includes work to be performed by a
railroad, the contract for such work shall be entered into by
LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement .
with the railroad providing for maintenance of the protective
devices or other facilities installed under the service
contract and for Railroad Protective Insur~~ce during
construction as necessary.
ARTICLE II - Right-of-Way
1. All related rights-of-way as are necessary for the
construction PROJECT shall be acquired by LOCAL ENTITY at its
own expense and no contract for constructic~ of PROJECT, or
any portion thereof, shall be advertised ur.~il the necessary
rights-of-way have been secured.
2. The furnishing of rights-of-way as prov:1ed for herein
includes but may not be limited to:
(a) all real property required for :3E PROJECT free
and clear of obstructions and enc~=ances.
(b) the payment of damages to real ;roperty not
actually taken but injuriously affec~ed by the
proposed improvement.
(c) the cost of relocating owners a~1 occupants
pursuant to Government Code Sections 7260-7277.
(d) the cost of demolition and sale of all
improvements on the right of way.
(e) the cost of all utility relocat:on, protection or
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removal legally obligated to be done zy the LOCAL
ENTITY.
(f) the cost of all hazardous materia:s and waste
clean up not reimbursable by prior o~.ers.
(g) the costs which arise out of delals to the
contractor because utility facilities have not been
removed or relocated, or because righ~s-of-way have
not been made available to the contra~or for the
orderly prosecution of the work.
3. Should LOCAL ENTITY, in acquiring right-of-way for
PROJECT, displace an individual, family, business, farm
operation, or nonprofit organization, the LOCAL ENTITY shall
provide relocation payments and services as required by
california Government Code, Sections 7260-7277.
ARTICLE III ~ Engineering
1- "Preliminary Engineering" costs may not be financed with
State Share funds and shall be financed by the LOCAL ENTITY
with other sources of funding available to the LOCAL ENTITY.
2. "Construction Engineering" as used herein includes actual
inspection and supervision of construction work, construction
staking, laboratory and field testing, preparation and
processing of field reports and records, estimates, final
reports, and allowable expenses of employees engaged in such
activities and may be financed with State S~re funds.
Established overhead for employees working ~irectly on an
approved PROJECT is eligible for cost shari~g. The LOCAL
ENTITY shall contribute its general adminis~ative and
overhead expense and not bill that cost as ~art of local
contributions.
3. Unless the parties shall otherwise agree in writing, LOCAL
ENTITY'S employees or engineering consultan~ shall be
responsible for all engineering work. When =onstruction
engineering is performed by STATE, charges ~~erefore shall
include an assessment on direct labor costs in accordance
with section 8755.1 of the State Administra~ive Manual. The
portion of such charges not financed at Sta~e cost shall be
paid from funds of LOCAL ENTITY.
ARTICLE IV - Miscellaneous provisi:ns
1- The cost of maintenance performed by LO~\L ENTITY forces
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during any temporary suspension of the work or at any other
time may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by LOCAL ENTITY
under or in connection with any work, authority, or
jurisdiction delegated to LOCAL ENTITY under this agreement.
It is also understood and agreed that, pursuant to Government
Code section 895.4, LOCAL ENTITY shall fully indemnify and
hold STATE harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by LOCAL ENTITY under
or in connection with any work, authority, or jurisdiction
delegated to LOCAL ENTITY under this agreement.
,
3. Neither LOCAL ENTITY nor any officer or employee thereof, i
shall be responsible for any damage or liability occurring by
reasons of anything done or omitted to be done by STATE under
or in connection with any work, authority, or jurisdiction
delegated to STATE under this agreement. It is also
understood and agreed that pursuant to Government Code
section 895.4, STATE shall fully indemnify and hold LOCAL
ENTITY harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority, or jurisdiction
delegated to STATE under agreement.
4. Auditors of STATE shall be given access to LOCAL ENTITY'S
books and records for the purpose of verifying costs and pro
rata share to be paid. All project documents will be
available for inspection by authorized state personnel at any
time during project development and for a three-year period
from date of final payment under the contract or one year
after the audit is completed or waived by the STATE,
whichever is longer. If a state audit is conducted, the
source of local match funds will be checked to determine if
the source complies with the program requirements.
ARTICLE V - Accommodation of utilities
.
1. utility facilities may be accommodated on the right-of-way
provided such use and occupancy of the right-of-way does not
interfere with the free and safe flow of traffic or otherwise
impair the roadway or its scenic appearance: and provided a
Use and Occupancy Agreement, setting forth the terms under
which the utility facility is to cross or otherwise occupy
the right-of-way is executed by the LOCAL L~ITY and OWNER.
The Use and Occupancy Agreement setting forth the terms under
which the utility facility is to cross or otherwise occupy
. 6 J¿J--/'ð-
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the right-of-way must include the provisions set forth in
Volume I, Section 12 of the LOCAL PROGRAMS MANUAL published
by the STATE, unless otherwise approved by the STATE.
2. If any protection, relocation or removal of utilities is
required within STATE's right-of-way, such .ork shall be
performed in accordance with STATE policy and procedure.
LOCAL ENTITY shall require any utility company performing
relocation work in the STATE'S right-of-way to obtain a State
Encroachment Permit prior to the performance of said
relocation work. Any relocated utilities shall be correctly
located and identified on the as-built plans.
ARTICLE VI - Condition of Acceptance
As a condition of acceptance of the State Share Funds
provided for this project, LOCAL ENTITY will abide by the
state policies, procedures and guidelines pertaining to the
State/Local Partnership Program.
IN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officers.
CITY OF CHULA VISTA
STATE OF CALIFORNIA LOCAL ENTITY
Department of Transportation
By By
District Director of Transportation
Date Date
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COUNCIL AGENDA STATEMENT
Item I /
Meeting Date 2/18/92
ITEM TITLE: Resolution /~5órf Approving Agreement for Payment of
Construction Costs for Street Improvements on Fifth Avenue
fronting the Villa Del Rey Condominiums
SUBMITTED BY: Director of Public Work~~
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_ No..x..1
On March 14, 1990, the Planning Commission approved Tentative Map 90-5, the Villa
Del Rey Condominiums. A condition of approval required the developer to construct
street improvements on Fifth Avenue along the frontage of the property. In lieu of
constructing the improvements, the developer has entered into an agreement to pay
the City for constructing the improvements in conjunction with a capital improvement
project (CIP).
RECOMMENDATION: That Council approve the agreement and authorize the
Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As a condition of approval of the tentative map for the Villa Del Rey Subdivision, the
owner was required to construct street improvements which include, but are not
limited to: curb, gutter and sidewalk, driveway and A. C. pavement along the
property frontage on Fifth Avenue. At the time of map approval, the developer was
advised of a City CIP for the construction of street improvements on Fifth Avenue
between Orange Avenue and Naples Street which was then in design. Since the
proposed subdivision is located within the limits of the project, the owner was given
the option of independently constructing the street improvements (consistent with
City improvement plans) or entering into an agreement to pay the City for constructing
the improvements in conjunction with the capital improvement project.
The CIP is currently in bid process. Closing date for submittal is February 26, 1992,
with the award of the contract scheduled for March 10, 1992.
The owner has entered into an agreement to deposit sufficient funds with the City to
pay for construction of the required street improvements. The City agrees to pay
engineering design, construction inspection, surveying and all incidental expenses
11"/
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Page 2, Item / I
Meeting Date 2/18/92
associated with the project. We believe it is appropriate for the City to pay the
engineering costs since our overall project design needed to take this parcel into
account and since the developer will not be ready to construct the improvements for
sometime, it encourages the developer to complete the improvements now. The
agreement is now before Council for approval.
FISCAL IMPACT: The engineer's cost estimate for the CIP project, Fifth Avenue from
Naples to Orange (Projects ST119 and ST409), is $1,409,178. The preliminary
estimate for the developer's share of this cost is $12,536. The actual amount for the
developer's share will be determined after bid opening on bid unit prices.
EAF:SB/EY-313
SB/A-113S/FIFTHAVE.VIL
021292
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RESOLUTION NO. J6.5CJg
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT FOR PAYMENT OF
CONSTRUCTION COSTS FOR STREET IMPROVEMENTS ON
FIFTH AVENUE FRONTING THE VILLA DEL REY
CONDOMINIUMS
WHEREAS, on March 14, 1990, the Planning commission
approved Tentative Map 90-5, the Villa Del Rey Condominiums; and
WHEREAS, a condition of approval required the developer
to construct street improvements on Fifth Avenue along the frontage
of the property; and
WHEREAS, in lieu of constructing the improvements, the
developer has entered into an agreement to pay the City for
constructing the improvements in conjunction with a capital
improvement project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an agreement for
payment of construction costs for street improvements on Fifth
Avenue fronting the Villa Del Rey Condominiums entitled "Agreement
between the city of Chula vista and John & Yolanda pollorena to
Construct Street Improvements Fronting the Villa Del Rey
Condominiums", a copy of which is on file in the office of the City
Clerk as Document No. C092-018.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula V. s a.
Presented by
John P. Lippitt, Director of
Public Works
C:\Rs\Villa del rey condos
1/-'3//1-1-
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AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
JOHN & YOLANDA POLLORENA
TO CONSTRUCT STREET IMPROVEMENTS FRONTING THE
VILLA DEL REY CONDOMINIUM DEVELOPMENT
THIS AGREEMENT is made and entered into this day of
, 1992 by and between the CITY OF CHULA VISTA,
hereinafter "CITY" and John & Yolanda Pollorena, hereinafter
collectively called "OWNER".
WIT N E SSE T H
WHEREAS, Owner is required by conditions of approval of the
Villa del Rey Subdivision, CVT 90-5, to construct street
improvements along the frontage of 1182 - 1184 and 1190-1192 Fifth
Avenue in the City of Chula Vista, and
WHEREAS, City is in the process of requesting bids for a
capital improvement project for the construction of street
improvements on Fifth Avenue from Orange Avenue to Naples Street,
and
WHEREAS, it is mutually beneficial to construct the
improvements as one project.
NOW, THEREFORE, for mutual considerations the parties agree as
follows:
1. ci ty agrees to construct the street improvements as shown
on Chula vista Drawing No. 91-621 for property identified as
APN 618-210-47.
2. City agrees to pay all incidental expenses incurred in
connection with said construction (Le. , plan preparation,
inspection, surveying costs, printing costs, etc.) .
3. Owner agrees to pay the proportionate share of the
construction cost based on unit costs, as contained in the contract
documents for the contract awarded by the city.
4. Owner agrees to deposit with the City the estimated
proportionate share of the construction costs based on bid amounts,
prior to award of the contract and/or transfer of ownership to the
property, whichever occurs first.
11-5"
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5. City agrees upon completion of project and acceptance by
the City to refund to the owner the remainder of funds deposited by
the Owner which exceeds the Owner's proportionate share of the
costs.
6. The Owner (s) agree to grant to the City a temporary
easement and right-of-way for the purpose of placing construction
forms and/or to alter existing driveways or other structures or
obstructions as shown on the plans, together with the right to
enter upon and to pass and repass over and along said easement and
right-of-way to deposit tools, implements, and other materials
thereon by said City, its officers, agents and employees and by any
lIt. his agents and employees engaged by said City for the
con ractor, purposes above set forth.
The Owner further understands that the above described
easement and right-of-way shall terminate and become extinguished,
and all the rights of the City therein shall automatically revert
to the owner as of the filing of the pertinent "Notice of
Completion."
IN WITNESS WHEREOF, this agreement was made and entered into
the date hereinabove set forth.
OWNER
Mayor, City of Chula vista ~¿_' / I!JÍ~~~
'J hn E. Pollorena
Attest: 'ð~?· ~ Q<L-<",¿'1!-.~-<A .,-"
Pollorena
CITY CLERK
Y:J
orney
Attach appropriate n y
EAF:nm
(EAF2\BOUND1.FRM)
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PRELIMINARY COST ESTIMATE
1190 - 1192 FIFTH AVENUE
curb, gutter & sidewalk 99 L.F. @ $23.00 = $2,277.00
Driveway 155 S.F.@ $ 4.00 = 620.00
water meter relocation L.L.@ 200.00 = 200.00
Asphalt Concrete 24 Tons @ $50.00 = 1,200.00
Processed Misc. Base 137 Tons @ $20.00 = 2,740.00
Evacuation & Grading L.S. by Proportion = 3,200.00
Traffic Control (Proportional) 1. 160.00
Subtotal $11,397.00
10% Contingency 1.139.00
Total $12,536.00
Design, Inspection and Utility Relocation other than water meter
covered by the City.
WAU
1/31/92
(EAF2\BOUND1.FRM)
//-7
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COUNCIL AGENDA STATEMENT
Item /.;1..
Meeting Date 2/18/92
ITEM TITLE: Report: Draft amendments to the City's sign ordinance to address sign
proœ""" ~ ""'" ....,. ""', Md oombi,,"oo "" m""'"
SUBMITTED BY: City Attorney ;ø¿
Director of Planni
REVIEWED BY: City Managerf (4/5ths Vote: Yes_No.lO
On January 28, 1992, the Council directed the City Attorney and Planning Department staff to
prepare draft amendments to the City's sign ordinance to address the following:
1. Modifying the process for review of sign permits by the Zoning Administrator and the
Design Review Committee;
2. Allowing electronic message board signs in commercial zones;
3. Allowing combination sign-murals which may exceed the size restrictions for
conventional signs.
The Council also requested that the draft amendments be distributed to several groups and
organizations for initial review and comment, and returned to Council for further consideration
at their meeting on February 18, 1992.
RECOMMENDATION: That Council confirm that the draft amendments are consistent with
Council direction, and direct staff to process these amendments and receive input from relevant
Boards and Commissions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The attached amendments are presented for Council's consideration without staff analysis or
recommendation. If Council should decide to proceed with one or more of the draft
amendments, staff should be directed to prepare a report and recommendation for public
hearings before the Planning Commission and City Council.
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Page 2, Item JoZ.
Meeting Date 2/18/92
The amendments were distributed on February 13, 1992, to the following groups for review and
comment. Any comments received by February 18 will be reported to Council at the meeting.
Planning Commission
Economic Development Commission
Design Review Committee
Chula Vista Chamber of Commerce
Downtown Business Association
Broadway Business Association
FISCAL IMPACT: Undetermined.
(ordamend....)
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19.60 Signs
19.60.030 Application-Contents required-Determination authority-Appeals.
All signs requiring a sign permit shall be submitted for approval by the zoning
administrator, prior to installation. The application shall indicate the size, location, design,
color, lighting and materials of all signs to be erected. The application shall also contain
sufficient information on the architecture, colors and materials of the building on the site, as is
necessary to determine compatibility of the sign to the building. In addition, the applicant shall
submit a color rendering and/or paint sample boards or chips and/or actual materials to be used
on the sign.
The zoning administrator. or the desi¡:n review committee on Iij),pea!. shall determine
whether approval shall be granted for any sign based on its conformance with the regulations
and design standards set forth herein. Where an ap.plication is denied by the zonin¡:
administrator. or the desi¡:n review committee on anneal. the applicant shall be informed in
writin~ of the chanl!es necessary in order to anDrove the annlication. If the ap.plicant chooses
to amend the ap.plication to reflect said chan¡:es. the zoning administrator shall¡:rant the permit.
The zoninl! administrator shall render a decision on a si¡:n permit within seven d~s of
the date of ap.plication or the permit shall be deemed ap.proved. The decision of the zoning
administrator may be appealed to the plllBftÏfig eeææissieft Ïfi aeeeFèaRee 'Nidl tile pftwiaiefts ef
Sootiell 19.11.050. desÏl:n review committee within ten workin¡¡ d~s after the decision is
rendered. In the absence of such appeal, the determination by the zoning administrator shall be
final.
The desi¡:n review committee shall render a decision on the Iij),pea! at the next available
desil!n review committee meetinl! or the si¡:n permit shall be deemed ar¡proved. Anap,pea!
received at least ten d~s prior to a design review committee meeting shall be scheduled for that
meetinl!. The decision of the desil!n review committee m~ be further Iij),pea!ed in accordance
with the provisions of Section 19.14.583.
(S;g..196O)
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19.04.229 Sian. Combination Sian-Mural.
Combination Sian-Mural is a sian which has both a commercial
messaae or content. reaardless of the use of alphanumeric
svrnbols. and an artistic component or aspect, and is affixed to
the side of a buildina. fence or other wall bv paint, lamination.
emulsion. or other similar process. and is located on the same
propertv on which is beina conducted the commercial activitv to
which the commercial messaae relates.
19.04.235 Sian. Electronic messaae board.
Electronic messaae board sian means a sian whose messaae is
displaved in liahts, or liaht emittina diodes. and is electronic-
allv chanaeable.
19.60.170 Flashing, animated or moving signs
prohibited-Except ions-other prohibited signs.
No sign, as defined in this chapter, shall be moving, nor
shall light be intermittent or flashing, with the exception of
time and temperature signs~ &ftà barber poles and electronic
messaae board sians. as same mav be herein permitted.
Signs are also prohibited with the exception of those listed
as permitted in the above paraaraph which:
A. Intermittently reflect lights from either an artificial
source or from the sun; or
B. Have an illumination which is intermittent, flashing,
scintillating or of varying intensity; or
C. Have any visible portion in motion, either constantly or at
intervals, which motion may be caused by either artificial
or natural sources.
D. utilize whirligigs or any similar item which uses wind as
its source of power. (Ord. 1575 S1 (part), 1974; Ord. 1356
§1 (part), 1971; Ord. 1212 §1 (part), 1969; prior code
§33.950(E) (3).
19.60.600 Combination Sian-Mural.
A. The Zonina Administrator. or his desianee. shall
determine if a sian or a pictorial representation is a
Combination Sian-Mural. The decision of the Zonina Administrator
shall be appealable to the Desian Review Committee in accordance
with the normal procedures for appeal of sian decisions.
B. A Combination Sian-Mural shall complv with all rules,
reaulations and other standards relatina to wall sians. and the
area of a sian-mural shall be included in calculatina the maximum
/;¿-i
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permitted sian area for a aiven buildina except the Zonina
Administrator may increase the total permitted sian area of a
aiven buildina if the Zonina Administrator shall deem that the
Combination Sian-Mural has artistic value which warrants such
consideration. The decision of the Zonina Administrator shall be
appealable to the Desian Review Committee in accordance with the
normal procedures for appeal of sian decisions.
19.60.610 Electronic Messaae Board Reaulation.
On the condition that the location for an electronic messaae
board sian is at least 500 feet from any other lawfullY permitted
electronic messaae board sian. the Zonina Administrator may issue
a conditional permit for the use of an electronic messaae board
sian in any commercial zone except the Commercial-Neiahborhood
Zone upon such conditions as said Zonina Administrator shall deem
appropriate but which conditions shall include. but shall not
necessarily be limited to. the followina:
A. The operator of said sian dedicates at least 30% of the
time messaaes are displayed on the sian to conveyina non-
commercial announcements. or other messaaes. of benefit to
the community, or to a sianificant portion of the community.
accordina to such rules and reaulations as may. from time to
time. be promulaated bY the Zonina Administrator.
ClOR\S;¡..J
)2-5'
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COUNCIL INFORMATION ITEM
February 18, 1992
To: The Honorable Mayor and City Council
Via: John Goss, City Managep "
From: Robert Leiter, Director of Planning /~
Subject: Supplement to Item 12; Comments on Draft Amendments to the City's Sign
Ordinance
On February 13, 1992, the draft amendments were distributed to several groups and
organizations for initial review and comment. To date, the Planning Department has received
the following comments:
Verne Decker. Planninl! Commissioner:
With respect to electronic message board signs, there should be a provision so that non-
commercial messages are not relegated to off hours; i.e., overnight.
William Tuchscher. Plannin~ Commissioner:
Could some consideration be given to special sign regulations or exceptions for "power centers."
Mike Sœthman. Desi~n Review Committee Member:
With respect to electronic message boards, there is a need for a defmition of commercial versus
non-commercial messages; it would be difficult to enforce/administer 30% non-commercial
message allotment; cannot personally think of a circumstance where such signs would be
appropriate, and not a distracting and unattractive element.
With respect to combination sign-murals, the City would need specific guidelines on what is or
is not a sign-mural and what constitutes "artistic merit" or the review process would be totally
subjective.
RAL:SG/nr
(·icnonI·com)
/ ;¿ -?
. -.. ---. -..---"'.
Item No. /:3
Date -'/18')9.2.
,
J3, PUBUC HEARING GPA-91-04, PCZ-91-F, a1Y-INlTIATED PROPOSAL TO AMEND
THE GENERAL PLAN FROM "RESEARCH AND UMITED
MANUFACfURlNG' TO "RETAIL COMMERCIAL', TO AMEND TIIE
MONTGOMERYSPEQFIC PLAN FROM "RESEARCH AND UMITED
INDUSTRIAL' AND 'OTIlER' TO "MERCANTILE AND OFFICE
COMMERCIAL' AND TO REZONE FROM I-L-P TO C-C-P CERTAIN
THREE ACRE TERRITORY LOCATED SOUTH OF PALOMAR
STREET BETWEEN BROADWAY AND THE METROPOUTAN
TROlLEY DEVELOPMENT BOARD (MTDB) PALOMAR TROlLEY
STATION (Director of Planning)
Staff recommends that the Public Hearing be opened and continued to 2/25/92.
.
/3-/
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CllY OF
CHULA VISTA
U,J I '=- (=-'t:P:,:,:~/1~:i'~
February 6, 1992
Lawrence P. Colman
Motrol Scientific, Inc.
P.O. Box 8941
Chula Vista, CA 91912
Dear Mr. Colman:
Here are the statistics you requested. I know that we discussed
a one year search with month by month breakdowns. Unfortunately,
the data base we utilize only captures citations for a six month
period. The following statistics begin in August of 1991 and
conclude with January of 1992. If I can be of any further assist-
ance to you, please do not hesitate to call. My phone number is
(619) 691-5219 and my work hours are 0730 to 1630.
August 0
September 6
October 1
November 1
December 24
January 15
Total 47
These are, again, citations for violation of signs in the 700 block
of Third Avenue.
Sincerely,
ßdf:f:t, <256
C~~r~
276 FOURTH AVENUE'CHULA VISTA. CALIFORNIA 92C10
, .-.,..- .--..----
COUNCIL AGENDA STATEMENT 1.'1
ITEM:
MEETING DATE: 02/18/92
TITLE : A. Report Letter Requesting Approval of a Resolution
Supporting a Committee to Enact a Patriotic Alternative
to Commercial Takeover of American Aircraft Production
and Maintenance (P.A.C.T.)
B. Resolution 16502 Supporting Efforts to Find a Suitable
Alternative to Foreign Investment in McDonnell Douglas
and General Dynamics Corporations
REVIEWED BY: City Manager.J~ þ~~
SUBMITTED BY: Principal Management Assistant Snyder~)
(4/5ths Vote: Yes No X )
--
BACKGROUND:
At the February 11, 1992 meetin9, the City Council continued for one more week
the written communication item from the International Association of Machinists,
requesting a resolution for support for P.A.C.T. (Attachment 1) During
discussion, Council requested that staff redraft the alternative resolution which
focussed on support i ng efforts to find a suitable alternative to foreign
investment in McDonnell Douglas and General Dynamics Corporations. The revised
resolution was to reflect Council's intent that the delay of the merger should
not be supported if:
1) Alternative U.S. investment could not be found, and
2) If the delay would adversely impact jobs in the State of California.
This report brings forward for discussion the two alternatives presented last
week, and incorporates Council directed changes in the alternative resolution.
RECOMMENDATION: That the City Council consider:
Alternative 1 - No action of support by the Council as a whole, recognizing
that individual Council members may wish to provide letters of
support. Or
Alternative 2 - Adopt resolution supporting efforts to find a suitable
alternative to foreign investment in McDonnell Douglas and
General Dynamic Corporations.
BOARDS/COMMISSIONS: Not applicable.
)Lj- /
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PAGE 2, ITEM: .¡I~
MEETING DATE:-02/18/92
DISCUSSION:
The alternative resolution as presented reflects Council direction although it
may not represent a position of the committee (P.A.C.T.) which originally
surfaced this request. Regarding any new information for Council to consider,
Mr. Hickey indicates that P.A.C.T. has continued to receive support from other
municipalities within San Diego County. In addition, Attachment 2 is a clipping
from the San Diego Union-Tribune describing a resolution of support passed
recently by the Los Angeles City Council. It is noted, however, that the
resolution which was approved modified an earlier version which "would have the
city ask the President and Congress to intervene in the sale."
FISCAL IMPACT: None as a result of this action.
A:.PAm
11./-.)
- - --.-._~-----~_._-_..._--
BOB GAMBOA, Channan ¡
. BRUCE LE, UA W. Advisor
310.420-1481 Ext. 121 31 (}.4Q2-1771
RICHARD RlO5, Long Beach Anta DI_or E. M. MIKE SMITH, lAM. Advisor
310.420-1481 Ext. 117 31~29-4101
WlWAM HICKEY, San DIego Anta D~ectCl BJU GUIIZI, Media Relallons
619-292-5150 31()'590-8001
KARl. FEES, AdmlnlslJatiYe AssIstCl1! MAlUNG ADDRESS: 3971 PIxie Ave.
310.420-1481 Ext. 116 Lakewood, CA 90712
P^TR'OT~MäTIVE TO e~25
COM M Eel ^ L T A"K E 0 V E R
o F ,~M E Hie ^ N ^ IRe R :\ F T
PRO D veT [0 N & M ^ I ~ T E)Ii ^ NeE ~
A.cturus Manufacturing Corp.
Representative Howard Berman, 26th Dist.ict California
Representative Barbara Boxer, 6th Dist.ict California
Representative Georîe Brown, Jr., 36th District California
Delta Dental Plan 0 California
Gail Dimitroff
First Equity Development, Inc.
Future Metals, Inc.
Senator Cecil Green, 33rd District
Assemblyman Mike Gotch, 78th District
Gurzi & Associates
Representative Duncan Hunter, 45th District California
Senator Lucy Killea, 39th District
City of Lakewood
Representative Mel Levine, 27th District California
Representative Bill Lowery, 41st District California
Representative Matthew Martinez, 30th District California
City of National City
National Steel & Shipbuilding
City of Oceanside
Bill Press
City of San Diego
Teledyne Powder Alloys
International Union, U.A.W.
United Nurses Associations of California
United Steelworkers of America, District 39
/I~J
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ATTACHMENT 1
COUNCIL AGENDA STATEMENT
ITIM¿
IEETIN6 DATE:
TITLE: Report Letter Requesting Approval of a Resolution
Supportin~ a Committee to Enact a Patriotic Alternative to
Commercia Takeover of American Aircraft Production and
Maintenance (P.A.C.T.)
REVIEWED BY: City Manager / l
Principal M~ement Assistant SnYde~
SUBMInED BY:
(4/5ths Vote: Yes No X )
BACKGROUND: --
At the February 4, 1992 meeting, the City Council continued for one week a
written communication item from the International Association of Machinists,
requesting a resolution for support for P.A.C.T. The material submitted and
proposed resolution indicates the organization's concern over a pending merger
of the McDonnell Douglas Corporation with Taiwan Aerospace. The Council
considered and discussed the proposed resolution. Councilmember Moore suggested
that, if a resolution is to be adopted, the specific reference regarding
supporting the union be struck from the resolution. Ultimately, Council deferred
action on the issue pending response to the following questions:
1. Why did the City Counci 1 of Long Beach choose not to issue a
resolution of support?
2. Will this merger affect Rohr Industries in Chula Vista?
This report provides information on those questions, and proposes two alternative
actions for Council to consider.
RECOMMENDATION: That the City Council consider:
Alternative 1 - No action of support by the Council as a whole, recognizing
that individual Council members may wish to provide letters of
support. Or
Alternative 2 - Adopt resolution (Attachment A) supporting efforts to find a
suitable alternative to foreign investment in McDonnell
Douglas and General Dynamic Corporations.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
The information received on this issue responds to both ~uestions asked by the
Council and provides additional information Council cou d use in considering
action.
~J'I~ -/
PAGE 2, ITEM: \3
IEmNG DA1t: Z/1l/9Z
LONG BEACH CITY COUNCIL
According to the Long Beach City Manager's office, the issue has been known to
the Council for the past few months and is very emotional. The issue was brought
to the Council's attent ion init ia lly by union representat ives. Council requested
and received a follow-up presentation by McDonnell Douglas to explain what the
cro~osed merger would mean to the Long Beach area. The company currently handles
ot Federal military contracts and commercial contracts. Under the merger, two
entirely separate companies at the same location would essentially need to be
established to ensure no foreign involvement in the military contracts. This
kind of a reorganization will result in many changes and it is the intent of
McDonnell Douglas that most of the work on the commercial side would continue to
be done in the United States.
The Long Beach City Councilmembers have participated in a number of ways to
indicate support and concern for the union's position. However, the general
consensus appears to be that there are merits to both sides of the issue and a
position of neutrality by the Council as a whole is the result. A significant
concern is that it is in the City's best interest for the company to remain
solvent, an action which the merger proposes to obtain.
BOHR IHQUSTRIES IN CHULA VISTA
Locally, Rohr Industries has indicated (through the Director of Corporate
Relations) that the company is very much aware of the proposed Taiwanese merger
and expects no near term impacts here in Chula Vista. The company does provide
work through subcontracts for McDonnell Douglas. In one of the contracts, Rohr
is supplying a product for the MD-ll commercial aircraft and those contracts are
actually with the manufacturer instead of directly with McDonnell Douglas. In
another contract, Rohr is a subcontractor directly for McDonnell Douglas, yet the
company still feels there will be relatively few impacts as a result of the
merger.
The company a 1 so expressed an awareness of and concern for the long term
perspective. Failure of the merger would jeopardize the development of the
future MD-12 program and Rohr expects that such a situation would have a
detrimental affect on the Chula Vista plant.
OTHER RELATED INFORMATION
At the urging of the union and the request of Congresswoman Barbara Boxer, there
will be a congressional hearing on this issue on Monday, February ID, 1992 in the
Long Beach City Council Chambers. Any individual letters of support from
Councilmembers would be appreciated by the union in time for that hearing. If
the Chula Vista City Council is unable to take collective action in ttme for the
hearing, support is still being requested by Mr. William Hickey, Sr., the San
Diego area Director for P.A.C.T. Mr. Hickey is also the author of the original
written communication (Attachment B) requesting that Council adopt a resolution
of support.
~ / i4-;¿
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PAGE 3, ITEM: 1.3
IEETING DATE: Z/ll/?~
He has indicated that he has also contacted other cities within the County and
has received resolutions of support from the cities of San Diego, Oceanside and
National City. Copies of those resolutions are on file in the City ManaQer's
office and they are substantively the same as the proposed resolution subm,tted
by Mr. Hickey. The City of poway will be considering a resolution at its
February 11, 1992 meeting.
SUMMARY
The two alternatives presented for Council consideration would allow the Council
to either 1) take a position similar to the City of Long Beach, or 2) pass a
resolution in support of the union's concerns without directly referencing
support of the union itself, per Council's previous concerns.
FISCAL IMPACT: None as a result of this action.
A:LBA1l3
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TInS PAGE Bu.NK.
·
·
,
,
·
.
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Attachment A
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO SUPPORT EFFORTS TO FIND A
SUITABLE ALTERNATIVE TO FOREIGN INVESTMENT IN
McDONNELL DOUGLAS AND GENERAL DYNAMICS
CORPORATIONS
WHEREAS, McDonnell Douglas corporation, Long Beach, has
demonstrated before a Committee of Congress the need for additional
capital and facilities to develop the MD-12 commercial aircraft;
and
WHEREAS, Taiwan Aerospace has made offers to buy
significant percentages of McDonnell Douglas Corporation and
General Dynamics Corporation, Convair Division which constructs
fuselages for McDonnell Douglas aircraft; and
WHEREAS, these two venerable defense and commercial
aviation contractors have been integral parts of the greater
Southern California community and its labor force since 1935; and
WHEREAS, the livelihood of 53,000 direct employees and
their families, plus the livelihood of more than 200,000 others as
employees and principals of vendor and subcontracting firms, are
dependent upon the continued presence and future expansion of these
two corporations here in Southern California; and
. WHEREAS, for the security of our country's aerospace
technology for preservation of aerospace jobs in Southern
California and the nation, and for youth training and skilled
employment opportunities now and in the coming century.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby wholly support efforts to find
a suitable alternative to foreign investment in McDonnell Douglas
and General Dynamics Corporations.
BE IT FURTHER RESOLVED that the City of Chula Vista
exhort Congress and the president of the United States to postpone
approval of any partnership or purchase with or by Taiwan
Aerospace, or any other foreign entity, for such reasonable time as
necessary to find an American solution to capitalization of these
vital and respected giants of the aerospace industry.
Presented by Approved as to form by
Stephanie, Snyder, Principal Bruce M. Boogaard, City
Management Assistant Attorney
uC:\nlpoe'
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THIS PAGE BLANK
,
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~c;;- / '-/ /-J --- Þ
Attachment B
AERONAUTICAL MACHINISTS LODGE .1125 FOR WRITTEN COMMUN. ON
!1~~t¡/ ~CIL MEETING
AND AEROSPACE WØM(EI'S"?")
MACHINIST BUILDING 1150 KEARNY MESA ~DJAN 23 ;> ,4S"R DIE~O, CAL!~C?RNIA 12111
(111) 282·515b .:. fi t. i :" .. .
. h J I., I, :.
¡".o r-.,..;......... _
err"-' ',.
CI'::.)· ,'.; ::: . ;. .' .IAN ~ 3
. ~-_. I..
D.ar Councilmember: . ,
_.
t; -
Th. financial welfare of this community ia .udd.nly .t ri.k.-
Propo.ed .ale of .erospace firms in Southern C.lifornia, .uch as
G.neral Dynamics Convair and McDonnell Dougla., thr.at.n the jobs
of more than 200,000 dir.ct .~ploï.es and .~ploy..s or .ero.pace
",ub-tier" contractors.
Many of these highly-skilled people live .nd work in your
community. With aerospace .mployment on . decline here, they
mos: likely will have to look beyond California's borders for new
emtlOyment. The potential .nnu.l economic impact on Southern
Ca ifornia is a staggering $10.1 Billion.
1 represe~t an organization that has a plan to halt the flow of
jobs and aerospace revenues from California. P.A.C.T.--Patriotic
Alternative to Commercial Takeover (of American Aircr.ft
Production & Maintenance)--is working diligently with government
and industry leaders to find American capital .lternatives. And,
you can help.
Please enact the enclosed Resclution of Support, or one ,imilar
to it, at your next Council meeting.
And, please call to tell me what more P.A.C.T. and 1 can do to
support passage of this vital resolution. If my attendance is
needed, 1 will be glad to appear.
With your support, P.A.C.T. can be ,uccessful. Aerospace
manufacturint has made California .n .conomic power. Now, the
future of Ca iforni.', .conomy hing.s on . continu.d .erospace
pr..ence. Please act .t once.
i
.s:nc~~elY~ ~, '
k)a¿:-.Þ 7' ¡:,.- FA~
William Hickey, Sr. blq-~1g, Ç5~3
San Di.go Area Director
P.A.C.T.
~;~oD~:a~~y C~e921~oad WRITTEN COMMUNICATIONS
(6.19) 212-5150 -ð~ . ¡r ·".l/P2
cc: ¿:2 ~ (I{)
~ ~ r;,Q ~ J'I/?:2
Ð . '1 . . A~CTLOOGEIO-CAUPOIUIIA MNCEOFIlAClIIIISTI-AI' 0
.., y 2""'0
..-.-.........---..-.----- ._--~._.
.
.
Proposed Resolution
For Adoption By
\ The Mayor And Ci~y Council
Of The City Of Chula Vista, California
WHEREAS, McDonnell Douglas Corporation, Long Beach, has
demonstrated before a Committee of Congress the need for
additional capital and facilities to develop the MD-12 commercial
aircraftl and
WHEREAS, Taiwan Aerospace has ..ade offers to buy significant
percentages of McDonnell Douglas Corporation anð General Dynamics
Corporation, Convair Division, which constructs fuselages for
McDonnell Douglas aircraftl and
WHEREAS, These two venerable defense a~d commercial avia~io:'\
contrac:tors have been integral parts of the greater Southern
California community and its labor force since 19351 and
WHEREAS, The livelihoods of 53,000 direct employees and their
families, plus the livelihoods of more than 200,000 others as
employees and principals of vendor and subcontracting firms, are
dependent upon the continued presence and future expansion of
these two Corporations here in Southern Californial and
WHEREAS, For the security of our country's aerospace technology,
for preservation o'f aerospace jobs in Southern California and the
nation, and for youth training and skilled employment
opportunities now and in the corning Century 1
THEREFORE, Be it hereby resolved that The Mayor and City Council
hereby join with and wholly support the Committee to Enact A
Patriotic: Alternative to Commercial Takeover of American Aircraft
Production- and Maintenañce (P.A.C:T.) in efforts to find a
suitable alternative to foreign investment in McDonnell Douglas
and General Dynamics Corporations.
And, be it further resolved that the City of Chula Vista exhort
Congress and The President of The United States to postpone
approval of any partnership or purchase with or by Taiwan
Aerospace, or any other foreign entity, for such reasonable time
as necessary to find an American solution to capitalization of
these vital and respe~ted giants of the aerospace industry.
Respectfully submitted this ~ day of ;!.~ , 1992.
~~ <~._#.;<.L
o a oa, haltman Wl am Hie ey, ¡:.
P.A.C.T. San Diego Area Director
.
~'''-f ) I /J .,. %'
~- 3'
.
~.; & FIGURES
LOSS OF JOBS -- DIRECT
1993 - 6,000 (San Diego Convair»
1995 - 12,000 (Long Beach HD-D)
1995 - 4,000 (Torrance HD-D)
1999 - 31.000 (Long Beach MD-D)
· 53,0001
PLUS - 4,400 (Tulla, OK MDD facility)
800 (Melbourne, AR MDD facility)
1.900 (Columbul, OM HDD facility)
. 7,100 more outlide Soutbern California.
Management projectl the lalt MD-11 will be built at Long
Beach in 1995. Correlpondingly, the lalt fUlelage will be
bJilt at General DynamicI (San Diego) in 1993. Remainder
. of the C-17 program at Long Belch il .cheduled through
1999 only.
LOSS OF JOBS - INDIRECT
There are approximately 300,000 employeel of McDonnell-
Douglas vendorl. Alsuming vendor cutbackl of 50~ or more
following clolure, the total Scuthern California ,ob-loss
figure can be eltimated, conservatively, at 203,000.
ANNUAL ECONOMIC IMPACT
The average hourly wage for a McDonnell Dougla. or Convair
worker il about $16. Extending that'.ame average wase to
vendor employee I , the annual 101. of income would be a
Itaggering '6.75 BILLION in .age. and aalarie. alone.
.
RECALLING FURLOUGHED EMPLOYEES
After two year., the number of .killed employee. able to
return i. only 1112.
.
~ .
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. .
P.A.C.T. POSITION STATEMENT
PAGE 2
\
P.A.C.T. believea' that America, .till rich with domestic
reaources in capital and labor, can fulfill new American
reaearch and development in aero.pace and
commercia~viation. And we are a.king Congreaa and The
Pre.ident of The United State. to delay approval of the
propo.ed McDonnell-Dougla./Taiwan Aero.pace partnerahip
while we work with McDonnell-Douglaa management on a
luitable American alternative.
We recognize that many American companiea are atruggling
to compete in the emerging global marketplace. Some view
cheaper labor aa the quicke.t ticket to a new, competitive
. edge. P.A.C.T. would .ugge.t that indu.try mu.t now, more
than ever, impre.s upon the Pre.ident, Congrela and, in
particular, California'a Governor and Legi.lature, that
tiers of controls, reatrictiona and other operational and
financial impairments to profitability, which have been
heaped upon management and labor alike for decadea, must
be r,-examined for their impact on "the bottom line" and
rever.ed wherever po..ible.
Over the year., our nation ha. developed a ~yriad of
policies to guide and direct the pre.ervation and
protection of our natur~l re.ourcea, our wildlife and our
military technology, to name a faw. But never have we had
a policy on punning and protacting America'. own '.
.
induatriu .; Thil mUlt become a primary loal of thi. and
future admini.tr.tion.. For, without American indu.try
there i. no Americ.n labor, .nd without American labor
there i. no .trong middle cl.... Without . .trong middle
cl..., there i. no democracy. And without democracy,
there will be no more America. .
.
.
~ )Lj/l~/tJ
.
-
F:.þ:.:.Ç.¡. .. Add 1
.- \
MDC e~ploys ~3,OOO in Long Beach .nd more than 11.000 .t
rel.ted f.cilities in Torr.nce, C.liforni.; Tuls., Okl.ho~a;
. Melbourne, Ark.n"1 .nd tolumbu., ~hio.
"Any w.y you ah.ke the .gr.ement, no jobl l.nd in Long
luch," Camboa cla ims.
~'1f thh deal gou through, there won't be .ny commercial -
.ireraft built 1nLon~ Be.ch after 1995. And that apells the end
of .n era both in aviation .nd 1n Long leach.area .eroIP.ce
.
employment. "
- Simil.r f.te. may await the 6,000 employeel of Conoral
Dyna~ic. Convair plant in San Diego. Conv.ir builds {u.el.ges
for MDC's commerci.l airpl.ne.. Taiwan Aerosp.ce h.s made .
li~ultaneoul takeover bid for Convair.
"It doesn't st.nd to re.lon that Taiwan Aerospace would
build fuselages in. Sen Die&o, ship the~ to Taiwan and back
again," IIIYS Willie::1 Hickey, Sr., ·P.A.C.T. San Diego Area
Ch.ir~an .nd President of Local 1125 of the International
Associ.tion of M~~hininsts .nd Aetolp.ce Workers.
ItIf they buy IJ~ ¡' they'll close us down and take every shred
of technology .nd prodlJction experti.e we own to Taiw.n. Thore.
they c.n build fuselages for 75 cents a man/day with l.borers
that could never .{lord to buy a ticket on any airplane they
bulld. "
P.A.C.T. propo.es to gain resolutions of support from
Southern California cities where MDC and Gener.l Dynamics ~~
f.cilitiel exi.t and employees live. ' .~
By the end of this month, G.mboa hope. to ae. . relol~~ ~I
before Congr~~1 ,upport'tng P.A.t.T.', ddve_ço Hnd an:lf can/~t /
alternative II . way ~o live bulc.n j~b" -". ~., t: l,.4&.-\,t?
',' .~. ~ 1 '.J . ~~
.Ene!·. ","it- ,..,..(," 3' ~.",/ ,J,~ . .
. I" S " ~ ~~ P'
EDITORS NOTE I " , tt-; ~ eo""
for more information in LOnt leach.. ~ \ ~~~~
Bob Gamboa (3JO) 420·1 81 ext. 121, or t~
Karl Feu (310) 420-1481 ext. 116. .' t'tr .
For more Information in San Dielo-- ~.
Bill Hickey (619) 292.5150
. ~. J'I/N/
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~·""l'll.)'. hr Mid. II
~ here. H.rl- IIntJJ the end of the /1
--~ ..nk·;:njn, UnJon ~l. 30 10 Ipf'nd $)5 t
/I' -"01, -: _.... before Cas'Y'a at.tpmpnt. reI
.s:. ~ c. ,.,. "aor. Democrats' Sk.pllClsm
S. I) UnIon <urrpntJy OpPratp. 56 ing furth.r fu..dlng for,
III) bnon<hps in San Diego County and "Th. IITC n..ds to n
~~ <Iaima a 10'11\ marbt sharp of the careful <alculallon of wi
Sunde" bonkIng hOuodTS local commercia] banking busin.ss. Ov.r what pprloc! of ,
.u.....(u) ovpr a tPSl pprl Th. Sund;¡y bankin. hours arp 0_ P I Sa b (r
.. t Y-a UnIon D'nk . ..-0 . ~n. au r anes .&...
ng up 0 a < r. .... "-sl·gn-d to "-'IIIon Uruon Bank d
"1) "of"" < ...... <>Pa not sPpm a vpry SP,
oppn a 'ma proportIon Its as Ihe most convpnipnt bank 10 do 10 k
. ." . prOC..d 10 sPP ar
[ IAN DIEGO COUNTY I buslnPss wJlh. ~artnack sa'd.. bilhon whpn the 125 bil
.. At ita Ralph s loeauona. UnIon tarry You until Octob.r.'
180s1at.wldp loeatlons for Sund;¡y Bank offers aU traditional bankin¡ Committ.e Chairma
bualn.ss. sal.d IIlchardC. Har~ck, aervi..s exCepl "'.ty deposil box Ri.gl. CD-MIch.) Wa
UnIon Bank · board VI.. chairman rentaJs and "Iarg. bllllneu loans:' mirted whpn Cas.y told
and head of ill commUnity bankin¡ alpob.man said. thp RTe wouldn't hav. a
grv'ri:on Bank. which has '16.5 The four Union Bank branches financial report for 1991
biJJion in USeta. wjJJ become the 10 be open Sundllys from II a.m. 10
flrsl majOr CaJiforni. bank 10 offer 3 p.m. are on Gen_ A venue and
Sund;¡y ..rvice .1 f....·llanding Mir. Mesa Boul.vard in San DI.go,
offl..s. Sin.. 1990. Union Bank has Third Street in Chul. Vilta, and on THRIFr~
off.red Sund.y· bankin¡ aervic., Million Gorce Road In Sanlee. ~
within 19 Ralph's 'upermarbt 10- -CHRlSKRAUL .
..tiOns in Southern C.b(orni.. in- S&Ls Apr
ClUdlng 7 Ralph's in San Diego 8 Bumble Bee &.fOOds, whichis 1-'
County. h..dquarl.red in San Die,o. ",d
Th. extended hours arp. .ign of Wednesd.y It wdl I.y off apPI"OXl· c.nUnu.. from Ðl
' Ih. incr.asingly· Compplil... busi. mal.ly 120 worbrs. Or 40% of its
: nps. cllmal. in Cahfornia bankIng work for.., at ill Sanlll F. Sprin¡s a H. F. Ahmanson, Lo. A
' and of how Ih. lerm "banker's luna ranning f.CiJHy e"ecllv. based .parpnt of Home S.,
I h ". k· h I M.rch 27 Amerlc.. POsted . 164-
. ours IS ta In, on · WOe ne,,·. fourth.quarter profit. or 51
.nd pprh.p. le.s ppJOr.t... mun· Th. I.yoffs .re part of. move 10 .h.rp compar.d 10 1475 000
: Ing "minimIZe incr.ases in ProduCllon th.n·1 ..nt . shar. .. yo.
: Accordln, 10 Ih. C.lifornia COSI~".t the f'Cjllly th.t .mploys. Profits for 1991 ros.299< to
' B.nkers Assn.. onl)' Fremont Bank n.w luna 10inIng proeess Ih.t is In million. or 12.06. sh.r..
' in Norlhern C.hfornl. no\\' O"era the dpvelopmenl.ta,..
· r.gul.r Sund.)· .@rV/ce in 'IIInd. The proc.ss "h.s nol fulJy a Creat WeSt.rn Fin.
· alonp branch.s. How"er. S.n Dl.. .Chiev.d Ih. manuf.cluring cost profIts w.r. 171.5 million. 5:
. '0 Trust" SaVIn,S Bank is expect· redUCII0nS in'llall)' ."PPcled:' thp . .har.. In Ihe fourlh. ql
.d 10 .nnounce FTJda)' Ih.t 11 "'iJJ comp.n)· S.id in . rele.s.. Bumbl. contr.slpd "'lIh. 5623.ml!h,
Op.n · Sund.)' "emprg.noy bank. Bee Seafoods s.)·s it is Ih. second . y.ar earher. For Ihe yedr.
Ing" "nter In Ih. K..rn)' Mpa. I.rg.st S.lllng brand of lun. in the lng, at Ihe Bev.rly H,li.
area.. Source saId W.dn.sd.)'. Unlt.d SI.t.s. more Ihan doubled 10 129B m
Th. hours. ..aot location .nd Bumbl. Be. SeafOOds' 120 .m. Or 12.24. share.
op.nmg d.t. of Ih. S.n DIego plo)'ep. .t ils S.n D,.go corporate a O.kl.nd. b...d Colden
Tru.t " Sann" branoh ....r. not h..dquart.r> "'Ill not b" '''ecl.d FIn.ncl.l. parpnt of World
.".il.ble W.dn..d.y. by Ih. la)'o"s. .Ipok.s...om.n saId in¡.. ..... lIa .arning. rise b)'
Harln.ok saId Sunda)' b.nk,ng Wpdn.Sd.)'. In Ih. fOurlh quart.r to 564 mJ
Or II ppr share. .nd by 31" 10
millIon. or 13.76 . sh.rc. for.
JOBS: Council Opposes Sale '~~,...,.......,""''''.
Confinup' from ÐI ·X.llo... "'ho desCrib"d himsPJf h.a be.n undergomg .. r.".m,
200 lUS.I.g.. lrom MoDonne)1 '(I~. "mo.t¡f[0-bUSInes~~ršon posl.d . profll of 120.0 mllhon
Dougl.s. .ccordIng to Com·.1T e.· on 11.oOn. lleach 1:">"1 --C uncit." 60 cents a .har.. 10 IIS."SC.I See
.CUIIV.s. w· r.,,· hIs resolution "bec,us.1 ') qu.rlpr. contr..t.d "lth a 10"
. .. kDt.!!:._ L at - I e VOl.. w.re - "ñõr' '113.7 mJ/hon. or 1333 . shar,
But 0 Connor .?I.ml.Inpd that 1Iw:t.',' K~lIogg laId most council y.ar .arh.r.
"Ih.r... r..1 fpar .mong Cpnpr.1 m...· "';m 'r. ___.~ 7 '..
D)·namic. emplo,.te, Ihat "Ihplr me ~ n wll!llo "'~e tne. a Coast s ..rnln,. In Ihe f"
j jobs "'iJJ' b" losi I~ "'orkers in imp...."^~ .JO.J!~Donn!!I. ~U"15 1991 quart.r .mount.d to II'
Tai"'an"lf Ih. sal. is complet.d. th.t they' re not_~pporl,"'""the milhon. Or 63 "nts . share. 001
.u.sh,slr'IP~mpa~_..._ pared 10 lSO.1 mJ/hon. Or 131~
The r.solution. .pproved 10 San K.Uogg laid that The Pl'Opoaed lllare, a Y'ear earher. All of it. 19
Diego .nd BeUflo"·.r were .al. "'ould elimin'le Jobs in fourth.qu.rler profll c.me frorr
promplpd by. J'bor·led group th.t SoUlhern Californi. and resull in hug. on.-time g.m. For 1991. Ii
includ.s Ihe Internation.1 Assn. of the tr.nsfer ol.eroapace technolo. Los Ang.les thrlft's e.rnlnl
Machinisls .nd the t'nllpd AUlo· ,y th.t could on. day be uS.d aoared to 141.7 milhon. Or 12.60
mobJ/. Workprs. Iwo Unions th.t ".Inst V.S soldl.rs. Th. proPOSed .har.. from JUSt 12.9 miJJlon a)'"
r.pr.s.nt ....r.) Ihous.nd ..ro- d..1 "could come back 10 haunt Ih. earher.
'pac. "'orkers In South.rn Cahfor. U.S. on 10m. future baltl.fl.1d:· C.hforni.'s Ihrlft. h.v. b"nefll
~ ~ W~~
»A1 /'/--9-1.3_ .. .
_. -'. _. - . .'~--'-'-_.-'- ~ _. -, .-..-.-- - - - - - -", ;'.L ....,.'.___ 4r.
'~T MEMORANDUM .Ú
-
date January 16, 1992
Mayor & City touncil ..... ---..
to .-'- J
~ .
from Jeffrey A. Kellogg, VicI Mayor/Councilmember - District Eight
subject ACENDA ITEM FOR JANUARY 21 - NcDONNELL IXIUIiW/TAIWNC MERGER
I am very concerned about the significant impact that the
proposed partnership between McDonnel' Douglas and Taiwan
Aerospace will have on our local Iconomy and Jobs market,
as Will as the potential harm of transferring American IS
technology to a foreign country. £
~ ~-
r:") c-; :::"
I would like to ~iscu~s possible alternatives, including C" =; ,...
- ~.~-< I:~
lobbying elected officials·to devise an American solution Ø\ ~ I!-~.
:..:.:;:.?:....
for providing short-term financial assistance In lieu of .. : 1.. ~~ c~:
:II:
foreign investment. - r~~. .
- ;..: :: .: ~
..
N
One possibility would ~e.for. the Çougcll to adopt a '" '.
resolution and then write tq ta~ifornia's congressional
delegation, soliciting their suppor~.· Your suggestions
and ideas w~uld be ~ost welcomed.
. .. :)
.
cc: Evan Anderson Braude
Doug Drummond
W.l lace Edgerton
Tom Clark
Les Robbins
thrlnce Smith
Ray Grabinski
Warren Harwood
Shelba Powell, City Clerk
IBetsy, x 6685
~ j'/~-ILj trg œaTLCD
....... ....,.
~ -'~";'¡L =.......
:ef'd. to City AUU9. REFER TO CITY ATTORNEY the to11owin; dama;e claims:
Alvin Ander.on $ '90.50
Bradley C. laumann 200.00+'
Mario casillas 288.00
Michael P. Cook 204.95+
Irene Ford 762.00
urone Howard :32.49
L sa Jtaptano 250.00
Anthony D. Martinez 3,070.60
susan and ltenneth Michel.en: and
.Jennifer Miche1.en, ~y and throU;h
her Guardian ad Litem, Su.an
Michel.en: and France. Michel.en 10,000,000.00
Mickey's Belmont, Inc. 190.00
Lucia ortiz 730.18
Ro~ert Lee Pultz 250,000.00
Anthony Ra;.dale Amount Unknown
.au1a Jeay Itazo 8,972.00
Frank R. Rodriquez 6,067.00
ArJlu:mdo Sabat 5,000,000.00
Herman swisher (2) 798.69+
.1ewall WaiSe Amount UnJcnown
Derek Waltar ZirKle Amount unknown
SUGGESTED Ac:rIOlf: CONCUR IN PCOMMEMDATIOlfS ON CONSIH'l' QU·IfDAR.
REGULAR AGENDA
DEPARTM~NTÄL COMMUNICATIONS:
Appre>ver.! '''0 20. Mayor Ernie X811, recommendinq establishment of the
.do~ted Resol~tlon Queen Mary Area Development Advisory committe.
No. C-25184. pursuant to draft Re.olution as attached.
R ¡ F. 21. Vice-Mayor, Jeff Kelloq;, Eiqhth District,
.~\'JlÓ. f¡ fj-Q;.d recommend in; that the Council adopt a Resolution and
solicit support from the California Conqr...ional
deleqation reqardin; devisin; an American solution for
providinq short-term tinancia1 assistance in lieu of
forei;n investaent for partnership between McDonnell
Dou;las and Taiwan Aerospace.
Ref'd. baçk to 22. Vice-Mayor Jeff ltellovq, Eiqhth District, Chair,
Legislation Committee. Leqislation Committee, ~e~endin9 that
communications r8gardinq the Conflict of Interest anð
Ethics 'roposal be received and the reviaed draft
dated .oveaber 1J, 1"1 app~ed. (Vice-Mayor Jeff
hl1OCJq, eublait:tinv draft dated January 17, 1992 of
.eCgmmended Proviaions for a .Conflict of Interest and
Government Ethics COda" for the City of Lon; Beach.)
SU99.sted Action: Concur in recommendation of
Committee.
-3-
J.-~""~ )t/d ~Jç
."_.~_._._._,._-_.
TInS PAGE BLANK
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I
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,
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~-?" /'-/4-"'/þ
.
ATTACHMENT 2
From SD Union-Tribune
Thursday, February 13, 1992
. L.A. Coúncil
k supports inquiry
I LOS ANGELES - The City
r Council, faœd with a Slate of re-
, aoIutions supporting domestic in-
, dustry, voted yesterday to sup-
.; port a còngressional inquiry into
, the proposed sale of part of
McDonnell Douglas to foreign
buyers. ,..
The council voted its support
for Los Angeles Democratic Rep.
Mel Levine's resolution asking
President Bush to conduct a 60-
day inquiry into the proposed
sale of 40 percent of McDonnell
Douglas Corp.'s commercial air-
craft division to the Taiwan
Aerospace Corp.
However, the council backed
away from a resolution that
would have the city ask the pres-
ident and Congress to intervene
I in the sale.
;--,...
..j r\
)
J,//J - J?
..~. m.m__."__'''_.__~_·_·_'
(~
RESOLUTION NO. 16502
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO SUPPORT EFFORTS TO FIND A
SUITABLE ALTERNATIVE TO FOREIGN INVESTMENT IN
McDONNELL DOUGLAS AND GENERAL DYNAMICS
CORPORATIONS
WHEREAS, McDonnell Douglas Corporation, Long Beach, has
demonstrated before a Committee of Congress the need for additional
capital and facilities to develop the MD-12 commercial aircraft;
and
WHEREAS, Taiwan Aerospace has made offers to buy
significant percentages of McDonnell Douglas Corporation and
General Dynamics Corporation, Convair Division which constructs
fuselages for McDonnell Douglas aircraft; and
WHEREAS, these two venerable defense and commercial
aviation contractors have been integral parts of the greater
Southern California community and its labor force since 1935; and
WHEREAS, the livelihood of 53,000 direct employees and
their families, plus the livelihood of more than 200,000 others as
employees and principals of vendor and subcontracting firms, are
dependent upon the continued presence and future expansion of these
two corporations here in Southern California; and
WHEREAS, for the security of our country's aerospace
technology, for preservation of aerospace jobs in Southern
California and the nation, and for youth training and skilled
employment opportunities now and in the coming century.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of ChulaVista does hereby wholly support efforts to find
a suitable alternative to foreign investment in McDonnell Douglas
and General Dynamics corporations if same can be accomplished
without the loss of significant numbers of jobs or the disruption
of the business of McDonnell Douglas and General Dynamics
Corporations.
BE IT FURTHER RESOLVED that the City of Chula Vista does
hereby request that Congress and the President of the United States
postpone approval of any partnership or purchase with, or by Taiwan
Aerospace, or any other foreign entity, for such reasonable time as
necessary to find an American solution to capitalization of these
vital and respected giants of the aerospace industry if such
postponement or delay ~approval can be accomplished without the
loss of significant numbers of American jobs or the disruption of
the business of McDonnell Douglas and General Dynamics
Corporations.
BE IT FURTHER RESOLVED that the city of Chula vista does
not support the delay of the merger if alternative American capital
cannot be found, and if such a delay would adversely impact jobs in
the State of California.
) ljß - /
Presented by
Stephanie, Snyder, Principal
Management Assistant
C'lnlpoct
/ '-I !J .- 0<.
.....-,..--..-..-."'.-...,...-
E. H.:;;. rROLLEY TWRS TEL No.619-338-2174 Feb 18,92 14:31 No.Oll P.02
.
release ..'
COUNTY OF news '.~ :
\ .1
SAN DIEGO PUBLIC Al'FAlRS OFFICE. DEMRTME"IT OF "tAl. TH SERIIICES -I
P.O. BOX B5524 . ....N QI~GO. CALI~O~HI'" '2138·5524
.
.
.
I
F.OR IMMEDIATE RELEASE I
I
I
February 18, '1992 . 1
Contact: Dan Avera
(619) 338-2070
I
ADDITIONAL PARTS OF MISSION BAY AND SAN DIEGO BAY POSTED DUE TO
CONTAMINATION
Marlnérs Basin in Mission Bay and the soU1hern portion of San Diego Bay are
.
befng posted to warn of contamination, according to County Health Services, The
I
northern portion of San Diego Bay was potted last Friday. The northern and tastern ¡
portions of Mission Bay were posted last Wednesday.
Water samples with high bacterial counts have been obtained along the sovthern
half of San Diego Bay. The source of the contamination Is unknown. The posting of
Mariners Basin is due to rainwater runoff through the storm drain system, Persons are
advised to stay out of tho water In any portion of the quarantined areas. Signs warning
of contamination are being posted along the shoreline of Mariners Basin and In the
sovthern half of San Diogo Bay at public access areas. The signs will remain In place
until sampling confirms the waters are safe for body contact.
For a recorded message regarding the quarantine, the publlo may call 338-2237,
1111#
IS-
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February 17, 1992
TO: Councilman Jerry Rindone
fl¥'/ &
FROM: John D. Goss, City Manager X~ )
SUBJECT: Response to Questions regarding the February 18, 1992 Agenda
Following are staff's responses to your comments/questions regarding items on the
above referenced Council agenda.
ITEM 9 - Salt Creek Ranch Housing
1. Page 9-2 under the explanation of phasing, it states that if an affordable
unit remains unsold 30 days after issuance of a certificate of completion,
the developer can obtain the City's release of that unit for non-low
income sale and "roll over" that obligation to the next phase. Is this
likely to occur?
The 30 day period after issuance of a certificate of completion will be Dreceded
by six months of marketing effort. The marketing program involves extensive
advertising, target marketing and outreach by both the developer and City staff.
There are nine phases to the project. It is expected that the demand for the
low-income units will exceed the supply. We think the likelihood of moving the
units between phases is low.
2. On Page 9-2, under I tern 3, Resa 1 e Contro 1 , it states: "The agreement
stipulates that for each low-income unit receiving a subsidy, the City
wi 11 have the ri ght to impose a resa le deed restrict ion for 10 years.
Through that deed restriction, the City would have the right to first
refusal, which would be exercised or assigned to another low-income buyer.
This would avoid "windfall profits" to the initial buyer and would sustain
affordability of the units." Please provide a further explanation of the
deed restriction and resale control. .
The deed restriction language has not been determined. Typical deed restrictions
would allow the buyer to gain equity in the home as time passes but limit the
equity for the first five to ten years. Resale for the first ten years could be
limited to first-time home buyers. The intent of the deed restriction is to keep
the unit available in an affordable market segment as long as possible while
giving an opportunity for the low-income family to gain equity and move up to
other housing in the future. Such deed restrictions are common in Mortgage
Revenue Bond programs for affordable housing.
-"------_._--_..-.-.-------
ITEM 12 - Draft Amendments to Sign Ordinance
l. Since this item necessitates selection of alternatives by the Council,
would it not have been better to have placed this on the agenda as an
action item?
The Council staff report went through several revisions and initially was
appropriate as a Consent item. As modified, however, it is now more of an Action
item and it was an oversight to not change the agenda accordingly.
JDG:mab
cc: Mayor and City Council
rindone
^ um "_^___.._.__..____,..__..,._ .