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Agenda Packet 1992/02/25
~ ", dec~a:e under penalty 01 perjury that I am em')t("·e~ tr,r S~~~e City of Chu;a Vista in the c< ce ':' ' e ' ¡tf r!2¡ \ 2nd t:ìot I pO$>.ed Tuesday, February 25, 1992 t 15 ,2n ,:::, 2 on t:,a ",,,lIat;n Board at Council Chambers 6:00 p.m. tLe ,u !.c }.er:;CC5 Bu'l.",j .nd at Clt~~UbliC Services Building .,.......:::, 01 ',;) f.... SIGNED ~?'~ -- Res¡ular Meetini of the City of Chula Ista City uncil CALLED TO ORDER 1. CALL THE ROLL: Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone _, and Mayor Nader _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MlNUTES: January 14, January 21, and February 11, 1992. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Human Relations Commission - Elsie Hashimoto Growth Management Oversight Commission . Harold Coleman, Jr. and Ricardo Reyes CONSENT CALENDAR (Items 5 through IS) The Iftajf recornrnendolions regarding the following items listed under the Consent Calendar wü[ be enacted by the Cowu:ù by one motion without discussion unless a Coundlnu1mber, a member of the public or Ci1y Iftajf requests that the item be puUed for discussion. If you wish to speIlk on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Ci1y Cleric prior to the meeting. (Complete the green form to speak in favor of the Iftajf recommendotion; complete the pink form to speak in opposition to the staff recommendation.) Items puUed from the Consent Calendar will be discussed after Action Items and Board and Commission Recommendations. Items puUed by the publü: will be the fint items of business. 5. WRITTEN COMMUMCATIONS: a. Letter requesting review of factors creating flood related problems at South Bay Towers - Allan J. Kuebler, Owner, Southwest Management Company, 260 Landis Avenue, Chula Vista, CA 91910. b. Letter requesting support for the Indweller Project and the Recycling Market Development Zone - Teresa Aland, Executive Director, Indweller, 1433 Nacion Avenue, Chula Vista, CA 91911. (Related to Agenda Item No.8) c. Letter of resignation from Commission on Aging - Earl D. Biggers, 677 'G" Street, Space 26, Chula Vista, CA 91910. .------.-- Agenda ·2- February 25, 1992 6. RESOLUTION 16513 APPROVING COMPENSATION AND BENEFITS FOR CERTAIN UNCLASSIFIED PERSONNEL . The various Council subcommittees designated to review compensation of the City Manager, City Attorney, City Clerk and Mayor/Council Secretary have met and made salary recommendations effective 1/1/92 for these positions. (Mayor Nader) 7. RESOLUTION 16514 APPROVING SPECIAL ADJUSTMENTS FOR CERTAIN MID-MANAGEMENT AND UNREPRESENTED CLASSIFICATIONS, AMENDING EXECUTIVE AND MID-MANAGEMENT FRINGE BENEFIT COMPENSATION, AND AMENDING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL FOR FISCAL YEAR 1991·1992 . Staff recommends approval of the resolution. (City Manager) 4/5th'5 vote required. 8. RESOLUTION 16515 SUPPORTING THE COUNfY OF SAN DIEGO AND THE CI1Y OF SAN DIEGO JOINT APPUCATION TO ESTABUSH A RECYCUNG MARKET DEVELOPMENr ZONE - AB939 requires that cities reduce the waste stream to landfIlls by 25% by 1995 and 50% by 2000. To assist in completing the recycling loop, Senate Bill 1322 further amends AB939 by creating guidelines for establishment of Recycling Market Development Zones. These zones are specific geographic areas where incentives are offered to attract recycling businesses. Ajoint application for the establishment of a Recycling Market Development Zone is being developed by the County of San Diego and the City of San Diego for which Council support is requested. Staff recommends approval of the resolution. (Administration) 9. RESOLUTION 16516 FUNDING PORTIONS OF CHULA VISTA THAT ARE EUGIBLE FOR ENTERPRISE ZONE DESIGNATION AND AUTIiORIZING STAFF TO PURSUE A STATE OF CALIFORNIA ENTERPRISE ZONE DESIGNATION· The City's application will compete statewide for five Enterprize Zone designations. If approved, the zone would offer state tax benefits to businesses expanding or locating within the zone. Staff recommends approval of the resolution. (Director of Community Development) 10. RESOLUTION 16517 CONTRACT ENVIRONMENTAL SERVICES FOR EASTI.AKE,/KAISER SPA AMENDMENfS WITH MARILYN PONSEGGI - To provide contractual services with Marilyn Ponseggi on this project with costs reimbursed. Staff recommends approval of the resolution. (Director of Planning) 11.A. RESOLUTION 16518 APPROVING FIRST AMENDMENr TO AGREEMENT FOR THE TELEGRAPH CANYON SEWER BASIN PLAN BE1WEEN THE CITY OF CHULA VISTA AND WIUDAN ASSOCIATES - To comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for the Telegraph Canyon Sewer Basin Improvement and Financing Plan on 8/7/90. In order to reflect the total wastewater flow into the basin, it is necessary to amend the plan to incorporate pumped flows generated by the EastLake and Salt Creek Ranch Developments. It is estimated that the consultant will provide the additional services related .--------------.....----- Agenda -3- February 25, 1992 to this amendment at a cost of $16,852. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16519 APPROVING FIRST AMENDMENTTOTELEGRAPH CANYON BASIN SEWER MONITORING AND GRAVITYBASIN USAGE AGREEMENT BE1WEEN THE Cl1Y OF CHULA VISTA AND EASTI.AKE DEVELOPMENT COMPANY 12. RESOLtrnON 16520 APPROVING FINAL MAP FOR RESUBDMSION OF LOTS 2, 3, 4, AND 5 OF MAP 12747, UNIT 17 OF CHULA VISTA TRACf 88-3, MASTERS COLLECI10N - On 11/13/90, Council approved the final map and subdivision improvement agreement for EastLake Greens Unit 17, the Masters Collection. Due to market constraints the developer proposes to further subdivide the property in order to phase the development. The final map is now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLUTION 16521 APPROVING APPUCATION FOR AN URBAN STREAM RESTORATION GRANT, ACKNOWLEDGING THAT APPROPRIATE ENVIRONMENTAL IMPACf STATEMENTS HAVE BEEN PREPARED AND DESIGNATING THE CITY ENGINEER AS CONTRACf MANAGER AND FISCAL AGENT . On 1/31/92, staff submitted an application to the California Department of Water Resources for an Urban Stream Restoration Grant along with letters of support from the Mayor and the Chamber of Commerce. If the grant is approved, the City could receive a maximum of $200,000 in potential revenues. If approved, the revenues will replace DIF funds already allocated for the Telegraph Canyon Road/Otay Lakes Road project (between Apache Drive and Rutgers Avenue). Grant revenues must be applied towards the channel revegetation portion of said project. Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLUTION 16506 APPROVING AN AGREEMENT WITH FN PROJEcrs TO PROVIDE LOW AND MODERATE INCOME HOUSING WITHIN SALT CREEK I - 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 1 '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 thirteen low income purchases in Salt Creek I. Staff recommends approval of the resolution. (Director of Community Development) Continued from meeting of 2/18/92. 15. REPORT FEASffiIUTY OF ENACI1NG A PARK DEVELOPMENT IMPACf FEE (DIP) FOR APARTMENTS IN THE WESTERN PART OF THE CITY - At the 12/10/91 meeting, Council directed staff to return on 1/21/92 with a report and recommendations on the feasibility of charging a Park DIF for apartments. For the 1/21/92 meeting, staff sent an information memorandum to the Council describing the complexity of the research being performed in making a determination for recommendations to the ---~------ ----"- Agenda -4- February 25, 1992 Council on this issue. This report will further discuss the status of staffs research, the continuing complexity of the issues, and a need to establish a Parks and Recreation Master Plan for parks and recreation facilities City- wide. Staff recommends acceptance of the report. (Director of Parks & Recreation) Continued from meeting of 1/21/92. * * END OF CONSENT CALENDAR * * PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been adve1tised and/or posted as publü: hearings as required by lflw. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Ci1y Clerk prior to the meeting. (Complete the green form to speIlk in favor of the Iftajf recommendotion; complete the pink form to speak in opposition to the Iftajf recommendiJJion) CommmJs are limited to five mim.ltes per individuaL 16. PUBIJC HEARING GPA-91-04, PCZ-91·F, CITY·INITIATED PROPOSAL TO AMEND THE GENERAL PLAN FROM "RESEARCH AND UMITED MANUFACfURING" TO "RETAIL COMMERCIAL", TO AMEND THE MONTGOMERY SPECIFIC PLAN FROM "RESEARŒl AND UMITED INDUSTRIAL" AND "OTHER" TO "MERCANTILE AND OFFICE COMMERCIAL," AND TO REZONE FROM I-L-P TO C-C-P CERTAIN THREE ACRE TERRITORY LOCATED SOUTII OF PALOMAR STREET BE1WEEN BROADWAY AND THE METROPOIJTAN TROLLEY DEVELOPMENT BOARD (M"IDB) PALOMAR TROLLEY STATION - The City·initiated General Plan Amendment, Montgomery Specific Plan Amendment, and rezone for three acres locate 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) Continued from meeting of Y18/92. A. RESOLUTION 16522 CERTIFYING THE FINAL ENVIRONMENTAL IMPACf REPORT FOR THE PALOMAR TROLLEY CENTER PROJECf (EIR-91-02) SCHEDULE NUMBER 89032915 - Consideration of final EIR for Palomar Commercial Center. (Related Item: not a Public Hearing) B. RESOLUTION 16523 AMENDING THE GENERAL PLAN ON CONDmONS FOR THE PALOMAR TROLLEY PROJECf AND ZONE CONSISTENCY SUBAREA B-3-A AND AMENDING ON CONDmONS THE MONTGOMERY SPECIFIC PLAN MAKING CEQA FINDINGS AND ADOPTING A MITIGATION MONITORING PROGRAM C. ORDINANCE 2495 CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO C-C-P FOR THE THREE ACRES DEPICfED IN EXHIBIT C, INCLUDING ADOPTION OF THE SUPPLEMENTAL FINDINGS FOR APPIJCATION OF THE "P" MODIFIER AND RATIFYING TENTATIVE ACfiON FROM FEBRUARY 4, 1992, TO CHANGE THE ZONE CLASSIFICATION FOR ZONING CONSISTENCY SUBAREA B-3-A FROM "R-3" TO "R-3-P-22" (first readinS!:) 17. PUBIJC HEARING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABIIJ1Y STRATEGY - The National Affordable Housing Act of 1990 requires all jurisdictions applying for funding assistance under most programs ___,________'____n.__ Agenda ·5- February 25, 1992 administered by HUD to submit a comprehensive Housing Affordability Strategy. Staff recommends acceptance of the report and that Council open the Public Hearing and take public comment regarding the City's Draft Comprehensive Housing Affordability Strategy. (Director of Community Development) STAFF RECOMMENDS THAT THE PUBUC HEARING BE OPENED AND CONTINUED TO THE COUNCIL MEETING ON 3/3/92 REPORT DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABIUTY STRATEGY 18. PUBUC HEARING CONDmONAL USE PERMIT PCC-91·24; APPEAL OF PLANNING COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET AND CAR WASH AT 1498 MELROSE AVENUE - The application, submitted by Texaco Refining and Marketing, Inc., requests permission to redevelop the service station at 1498 Melrose Avenue with new facilities, including new dispenser islands and canopy, 1,800 square foot mini·market/cashier building, and 750 square foot mechanical car wash. The permit was approved by the Planning Commission on 1/8/92 and has been appealed by Council. A plot plan and legal description is on file in the Planning Department. (Director of Planning) STAFF RECOMMENDS THAT THE PUBUC HEARING BE OPENED AND CONTINUED TO 3/24/92 IN ORDER TO ADDRESS THE CONCERNS RAISED BY THE SURROUNDING RESIDENTS AND BUSINESS OWNERS. 19. PUBUC HEARING CONSIDERATION OF ESTABUSHlNG UNDERGROUND UTIUTYDISTRlCf NUMBER 121 ON "F" STREET BE1WEEN CHURCH AVENUE AND APPROXIMATELY 100 FEET EAST OF SECOND AVENUE - On 1/28/92, by Resolution No. 16482, Council ordered a public hearing to be held on 2/25/92 to determine whether the public health, safety, or general welfare require the formation of an Underground Utility District on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue. Staff recommends that the Public Hearing be conducted and approval of the resolution forming the district and authorizing the use of $9,450 of SDG&E allocation funds to subsidize 10 single-family residential service lateral conversions. (Director of Public Works) RESOLUTION 16524 ESTABUSHlNG UNDERGROUND UTIUTYDISTRICfNUMBER 121 ON"F" STREET BETWEEN CHURCH AVENUE AND APPROXIMATELY 100 FEET EAST OF SECOND AVENUE AND AUTI-IORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE 10 SINGLE-FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS ORAL COMMUMCATIONS This is an opportunity for the general publü: to address the city Council on any subject mJltteT within the Cowu:ù's jurisdiction that is rwt an item on this agenda. (State low, however, generally prohibits the Ci1y Council from taking action on any issues rwt incbJded on the posted agenda.) If you wish to address the Cowu:ù on such a subject, please complete the yellow "Request to Speak Under Oral Communú:ations Form" available in the lobby and submit it to the CiJy Clerk prior to the meeting. Those who wish to speak, please give your 11Il1TIe and address for record purposes and foUow up action. Your time is limited to three minutes per speaker. -.-.--."--.------.--- Agenda -6- February 25, 1992 ACTION ITEMS The items listed in this section of the agenda are apeaed to elü:it substantúJI discussions and deliberations by the Council, staff, or memben of the genual public. The items will be COIISÏtleTed individuolly by the Council and Iftajf recornrnendolions may ÚI œrtßÚI cases be presented ÚI the alternative. Those who wish to speok, please fill out a "Request to Spei1Iè' form available in the lobby and submit it to the Ci1y Clerk prior to the meeting. Publü: comments are limited to five minutes. 20.A. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS B. REPORT SUPPLEMENTAL REPORT FROM THE CITY ATTORNEY TO ACCOMPANY THE CHARTER REVIEW COMMISSION'S REPORT RELATING TO RUN-OFF ELECTIONS, AND CERTAIN OTHER MATTERS C. RESOLUTION 16525 CALLING AND GMNG NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUN1Y BOARD OF SUPERVISORS TO CONSOlJDATE THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1992, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ADVISORY QUESTION REGARDING THE BI-NATIONALAIRPORT AND A CHARTER AMENDMENT REGARDING RUN-OFF ELECTIONS, AND APPROPRIATING FUNDS THEREFOR· 4/5th's vote required. 21. REPORT RESPONSE TO THE PROPOSED lJSTING OF THE CALIFORNIA GNATCATCHER AS AN ENDANGERED SPECIES BY THE UNITED STATES FISH AND WILDlJFE SERVICE· On 9/17/91, the U.S. Fish & Wildlife Service proposed the listing of the California Gnatcatcher as an endangered species. On 2/27/92, the Service will be conducting a Public Hearing in San Diego on this proposed listing. Staff recommends acceptance of the report and authorize a letter be sent to the u.s. Fish & Wildlife Service presenting Chula Vista's position on the proposed listing of the California Gnatcatcher as an endangered species. (Director of Planning) 22. REPORT EVALUATING THEHYDROLOGICANDHYDRAULlCCHARAcrERISTICSOF THE STORM CONVEYANCE SYSTEM WITHIN THE DOWNSTREAM SECTION OF THE CENTRAL DRAINAGE BASIN AND OUTIJNING VARIOUS MITIGATION ALTERNATIVES - The downstream portion of the Central Drainage Basin between 'G' and 'H' Streets, west of Broadway, experienced flooding problems during late afternoon and evening on 2/6/92. The drainage facilities downstream of the apartment complex located at 616 'G' Street are inadequate. This report outlines various mitigation measures that directly deal with the deficiencies in the drainage system. Staff recommends acceptance of the report and direction to prepare a CIP submittal based on the report's conclusion. (Director of Public Works) BOARD AND COMMISSION RECOMMENDATIONS This is the time the Ci1y Council will consider items whü::h have been forwarded to them for consideration by one of the city's Boards, Commissions and/or Committees. ...._---~~~-,----- Agenda -7· February 25, 1992 ITEMS Pill.LED FROM THE CONSENT CALENDAR This is the time the Ci1y Coun.cil will discuss items whidl have been removed from the Consent Calendar. Agenda items puUed at the request of the publü: will be COIISÍIlDI!d prior to those puUed by CounciImembers. Publü: comments are limited to Jive minutes per individual OTHER BUSINESS 23. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. 24. MAYOR'S REPORTrS) 25. COUNCIL COMMENTS Councilman Moore: a. ORDINANCE 2496 ADOPTING THE SAN DIEGO DMSION OF THE LEAG1Æ OF CAIJFORNIA CITIES GRAFFITI ORDINANCE rfirst readinlt) - The San Diego Division of the League of California Cities appointed a task force to deal with the problems of graffiti throughout San Diego County. The City of Chula Vista's City Attorney, in conjunction with the San Diego County City Attorney's Association, . developed a model graffiti ordinance. At the same time, the League Task Force developed an anti-graffiti program. The San Diego Division has requested that all cities adopt both the model ordinance and the anti-graffiti program. RESOLUTION 16526 ADOPTING THE SAN DIEGO DMSION OF THE LEAG1Æ OF CAIJFORNIA CITIES ANTI-GRAFFITI PROGRAM Councilman Malcolm: b. Filing of vacancy on Interjurisdictional Task Force - Otay Ranch. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Appointment of Department Head pursuant to Government Code Section 54957. Potential litigation pursuant to Government Code Section 54956.9· Claim of Amador Cardona, Jose Cardona and Aureliano Tenorio The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March 3,1992 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council Meeting. ..__..._,._.~.,. ,-----.--.----.----,.,-.... ~u~ :~-:: ~....-.:--...; ~~~~ OlY OF OFFICE OF THE MAYOR CHUIA VISTA TIM NADER February 19, 1992 Ms. Elsie Hashimoto 1057 Granjas Road - #112 Chula Vista, CA 91911 Dear Elsie: During the City Council meeting of February 18, 1992, you were appointed to fill a vacancy on the City's Human Relatlona Commlaslon. 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 25,1992. 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, Patty Wesp, will send you information regarding the meeting dates. Should you have any questions, please feel free to contact her at 691-5044. Conflict of Interest - 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. r/l~¿'~- Tim Nader Mayor TN:pw appoint cc: City Clerk . L{o.. -I 276 FOURTH AVENUE/cHULA VISTA, CALIFORNIA 919101(619) 691-5044 -~~--_._-,. ~u~ :-~"" ~ ~....-::-- ~ ~""--"""~ ~""'"~~ ClN OF OFFICE OF THE MAYOR CHULA VISTA TIM NADER February 18, 1992 Mr. Harold Coleman, Jr. 839 Stanford Avenue Chula Vista, CA 91913 Dear Harold: During the City Council meeting of February 15, 1992, you were appoimed to fill a vacancy on the City's Growth Management Overalght Commlsalon. 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 25, 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 arrangements with you so that you can take the oath. The Secretary to this commission, Nancy Ripley, 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 email the making, or participation in the making, of decisions which may affect financial imereSlS. The Commission to which you are appoimed has been identified 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), yearly by April 1 , and a leaving office statemem. 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 imerest In serving the City of Chula Vista. Jncere':i.' - - /I...4<e- Tim Nader Mayor TN:pw appoint cc: City Clerk Nancy Ripley l\~-.3 276 FOURTH AVENUE/cHULA VISTA. CALIFORNIA 91910/(619) 691-5044 ~ \ ft.. -.- r"<b-=-F~ ~~~~ - - -- CllY OF CHULA VISTA OFFICE OF THE CITY COUNCIL February 18, 1992 Mr. Ricardo Reyes 350 Hilltop Drive Chula Vista, CA 91910 Dear Ricardo: During the City Council meeting of February 15, 1992, you were appointed to fill a vacancy on the City's Growth Management Oversight Commlulon. 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 25, 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, Nancy Ripley, will send you information regarding the meeting dates. Should you have any questions, please feel free to contact her at 691-5101. Conflict of Interest - 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 identilied 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. JncerÀ_~_- Tim Nader Mayor TN:pw appoint cc: City Clerk Nancy Ripley 4",--4 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5044 - ---.----.--.-----.-..--.- NOTES FROM A SPECIAL MEETING OF THE CHULA VISTA CITY COUNCIL February 15,1992 - 9: 15 a.m. Council Conf Room MEMBERS PRESENT: Mayor Nader, Councilmembers Rindone, Moore and Grasser Horton MEMBERS ABSENT: Councilmember Malcolm ALSO PRESENT: Harold Coleman, Ricardo Reyes, Marsha Killian and Ricardo Ruybalid The purpose of this Special Meeting is to interview candidates to fill vacancies on the City's Growth Management Oversight Commission and to consider potential modifications to Ordinance No. 2447. Following individual interviews with the above candidates, Council took the following actions: MSUC (Grasser Horton/Nader) - to appoint Harold Coleman to the Growth Management Oversight Commission. MSUC (Grasser Horton/Nader) - to appoint Ricardo Reyes to the Growth Management Oversight Commission. MSUC (Moore/Rindone) - to direct staff to prepare amendments to Ordinance No. 2447 and docket for public hearing the following: a) Include time served by members of the former Growth Management Oversight Committee as time served on the Growth Management Oversight Commission for purposes of the 2-term limit provided by the Charter. b) To change Section 2.40.040 from "representing" to "with background and experience in". ADJOURNMENT - at 10:51 a.m. to the regular City Council meeting of Tuesday, February 18, 1992 at 6:00 p.m. ~~-5 . ·...n_n _____.. GROWTH MANAGEMENT OVERSIGHT COMMISSION INTERVIEW SCHEDULE - SATURDAY. FEB 15" 1992 APPNT TIME NAME OF APPLICANT COUNCIL OOMMENTSIØ>TES 9:00 A.M. HAROLD COLEMAN 9:15 A.M. RICARDO REYES 9:30 A.M. MARSHA KILLIAN 9:45 A.M. RICARDO RUYBALID *THE FOLLOWING APPLICANTS HAVE OTHER COMMITMENTS FOR FEB 15, 1992 AND WERE UNABLE TO PARTICIPATE IN THE INTERVIEW PROCESS: SCOTT ALEVY, XEMA JACOBSON AND JUDY SULLIVAN" "PLEASE NOTE THAT DANIEL VACCARO HAS INDICATED THAT HE IS NOT INTERESTED IN SERVING ON A COMMISSION AT THIS TIME. \..\: Co. -(., ._.~-,._...._-- February 20, 1992 TO: The Honorable Mayor and City Council FROM:' John D. Goss, City Manager~ SUBJECT: City Council Meeting of Fe~Uary 25, 1992 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, February 25, 1992. Comments regarding the Written Communications are as follows: 5a. This is a letter from Mr. Allan Kuebler, owner of the South Bay Towers at 616 "G" Street regarding the rain damage to the apartments from the February 6 rains. Mr. Kuebler requests that the City Council review the situation and provide the impetus for a solution. This item is covered by a report on the drainage problems in this area as a separate agenda item and Mr. Kuebler has been notified that it is on the agenda. THEREFORE, IT IS RECOMMENDED THAT THIS LETTER BE ACKNOWLEDGED CONSISTENT WITH THE RECOMMENDATIONS OF REPORT NO. 21. 5b. This is a letter from Teresa Aland, 1433 Nacion Avenue, Chula Vista, representing the non-profit organization INDWELLER. Ms. Aland's concerns are addressed in the item on the Council agenda supprting the County and City of San Diego's joint application to establish a recycling market development zone. IT IS THEREFORE RECOMMENDED THAT MS. ALAND'S LETTER BE ACKNOWLEDGED, CONSISTENT WITH THE RECOMMENDATIONS OF REPORT NO.8. Sc. IT IS RECOMMENDED THAT MR. BIGGERS' RESIGNATION FROM THE COMMISSION ON AGING BE ACCEPTED WITH REGRET AND THAT A LETTER OF APPRECIATION BE SENT. JDG:mab trans . --~"----"'--'---""--'--~'-- SOUTHWESTMANAGEMENTCQ 260 LANDIS AVENUE . CHULA VISTA, CALIFORNIA9~p:oc 1": ¡ '/~m334 -92 FEB 18 ;l:5 February 7, 1992 CITY ('-11'--1 ~f t j' .: Mayor Tim Nader and ! FEB ¡ 3 City Council Members ! L 276 Fourth Avenue f ' Chula vista, CA 91910 l I, . -~._- .......'-.-.' Dear Mayor Nader: The residents of south Bay Towers and I appreciate your visit to the apartment site, and your interest in our flood related problems. Yesterday's rain caused a great deal of damage and hardship to the residents of South Bay Towers. As you could see, all of our Staff and many volunteer residents were doing all they could to alleviate the problem by mucking out the mud and water from the apartments. I do request that the Chula Vista City Council review the causal factors creating this difficult situation and provide the impetus for the final solution, so that the continued damage to the building and the resident's property may come to an end. Enclosed please find cop.ies of my correspondence with City agencies outlining the problem, and requesting investigation and proposed resolution. I would appreciate your thoughts on this matter and what solutions you feel would be viable. very truly yours, Uti4'4 . (I ;f/~~ '0' - - ,..' ., AJK:lrm Allan J. Kuebler Encl. Owner ('C; ~~ (iJ) ./ C5 t2~ . Q)i" ~tR.-#o V~ W~.,'"C'E"EN COMMUNICATIO~ C5 ZJ2.~ KI Î i þ)~~ 7J~ _~~/ ?¡,j%"" &;ø..-I ---..------.--....-..------.--------- ;p" ~\r?- ..---"" :--.... :-: ------ _"""=õ.-""",-""""=- --- (llY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION April 1, 1991 File No. KY-057 Mr. Allen Kiebler 260 Landis Avenue Chula Vista, CA 91910 FLOODING AT YOUR APARTMENTS ON "G" STREET This is in response to your phone call on March 27, 1991 requesting help on flooding problems that your apartments are experiencing. Your apartments border on the central drainage basin, westerly of Broadway and due to undersized pipes downstream, your apartment garages have experienced flooding during the recent storms. - Our department had done studies on this issue previously and there is a flooding problem there with very expensive solutions needed to correct it. I am requesting that the Engineering division review the past history and studies on this issue and develop a proposed project to correct the problem. We will also look at possible solutions to minimize the flooding on your property that could be done within or adjacent your property line. Once a solution and cost estimate is developed, this project, in conjunction with other City needs, will be considered in future Capital Improvement Project budgets. Available funding and other needs will be used to determine this project's priority. We hope to get back to you within sixty days or ~.,~ prelimmary tindings. Sincerely, f1-:! ;J~ . John P. Lippitt Director of Public Works . JPLlbb cc: Clifford L, Swanson, Deputy Public Works Director/City Engineer IC:\ WPS I \LIPpmIKJEBLER.L TRJ '5 e.. . 2... 276 FOURTH AVENUE/cHULA VISTA, CALIFORNIA 92010/(619) 691-5021 .---..-.-------..--..-- ':'J -:,'-. . 1 ... " ., "h ..J.,;....i ., SOUTHWEST MANAGEMENT CO. . . . .' _.::-===--=:==--=--'--_._~------ --- 260 LANDIS AVENUE . CHULA VISTA, CALlFORNIA92010 . 422·833~ ." i . . \ i . ; , Junf.' 5. 1987 . " ;" '," ' ,~ :Mr. To!!) Garibay . , ,Deputy Director of Public ¡WI ks/h'nc:ineering ".-'. " City of Chula Vista . 276 Fourth Avenue Chula Vista, CA 92010 . ,.' Hel 616 G Street .., ~ " ,Dear fi:r'. Garibay. . " I am happy to hear that the City ii; proceeding toward a Eiolu- .' tion of our drainage problem at 616 G Street, as referred to in <> your letter of April ,27. 19'7. '" . I would like to know what co ;' usions you arrived at in ~;our . <- preliminary study of the area drainage system, e. g. amount, of .potential water during a 100 year flood and what siz,e pipet i;) are Ie quired for its passage:. r' would appreciate your comments a'~ your conveniencH. , 1- .;'. ~ Ver:' truly your·s. "'. , . SOU~HWEST WANAGEMENT CO~}ANY '. {ltÚr! ( I. v~:"i:¿{ 1 .\ ~.'. - Allan J. K\iebler AJK.lrm .,,' ''" " .... . C;;"., .. 3 ---- --. -----.------- _.__.~---- ~~It- ::~~ ~-...;~~ ""~~~ --~~- CllY OF (HUlA VISfA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Apri 1 27, 1987 File: GY 030 LY 001 I~r. Allan J. Kuebler 616 "G" Street Chula Vista, CA 92010 YOUR LETTER OF JANUARY 6, 1987 REGARUING DRAINAGE AT 616 "G" STREET Sorry for tne delay in providing a written response to your 1 etter of January 6, 1987 regarding the draindge at 616 "G" Street. While our written response has been delayed longer than either you or we would like, you were provided a telephone response in lat~ January. As a resul t of your request, the channel behind your property was cleaned within a few weeks. As part of the long term solution, we presently have $30,000 budgeted for design of a drainage system behind your apartments. - However, since the project is ranked as a low priority project with respect to all the other City projects we have to complete, we do not expect to be in the design phase until later this summer. If you have any questions, contact either me or Ken Goldkamp at 565-502l. ~If-~ DEPUTY DIRECTOR OF PUBLIC WORKS/ENúI~EERING TG:av cc: Gene Asmus, Assis.ant City Manager Cliff Swanson, Deputy Director of Public Works/Operations Ken Goldkamp, Senior Civil Engineer (B25:KUEBLER) ~-~ 276 FOURTH AVENUE/cHULA VISTA. CALIFORNIA 920101(619) 691-5021 ._-----"'-----.._.._.._.~_...._.- :\;;A{~:SQl.ITHWESTMANAGEMENT CO. - ,...,- " , " .260 LANDIS AVENUE . CHULA VISTA, CALlFORNIA92010 422-8334 ; '"' . JanLlary 6, 1987 " , M.... John Gcss, City Manage... ~ r ' City of Chula Vista .: ~:; ,276 Fourth Aveni_Ie Chula Vista, CA. 92010 Dear Si...: We earnestly seek your- help on ho", to combat the ongoing problem behind au... apartment camp Ie:,: at 616 IIGII St. , Chula Vista, which continues to affect the health and safety of ou... tt?nants and their property. , As you will recall, the problem has been c:rei.,t~'?d by pen1litting a large drainage basin to drain into a restricted area L\nder- The Vistan Apartments; located at 610 IIGII St. The problem is compounded by thl? e>:istance of an 8 foot w,;\ll built c)ver the pipe, which c...eates a dan )in effl!ct. COLlp I ed with debris in the channel, we have an itp'J .sibl¡:.? sitLlation. Dur'i ng the wintt"?r, we ar'e faced with r-epeatec L ooding. In war·m weather-, this ar"eò ,acts as a b...eeding ground for mosquitos, creating a possible - health hazard. ....' We have had no control over the design of the system, no... the maintenance of this drainage way, and yet it ic.. OUR tenant~s health, !Safety and p...operty that is affect.ed. They at'e defense- less agø.in:st the flood of wiitE.'r creat.ed whenever a major storm is e>:perienced. We urge the City to take action now to ...esolve the ha;:at~dQLlS con- dition created when the City pe...mitted the damming of water and unde...sizing of pipe, before serioLls irdL....y 0'" property dami:\ge occurs, creating a liability for' tt1e City. Very truly your"s ~ SOU fHWE5T MANAGEMENT CDMPAI~Y . ~ ~/ . . ,.., I -. / . ~ Ue.¿á-1Æ..ý·.j ,:';" .,e/c..... ,. ," Allan J. Kuebler AJKlrm , 7?~tF':'~:·'-:·~'" .. ,....-~. .-...... . .-'" "'~~',' -, .. --. ,,..,..-.. , _,t;~.:-_~_ .-... . .......:::::,t.-".· , !' f:~~~:~j'-'-;":,,. ,"', ')" . ",'. ; . , -:..;tJ;..'.1 ' . .' ~:. ò·...· ..--.- --~~~..:~~~ .- .- .~ MELINDA HAWKINS-MORRIS risk analyst ity of Chula Vista lepartmcnt 691- 5095 city of chula vista 276 fourth avenue chula vista, ca 92010 (619) 691-5095 _ __n_"'_ October 27, 1983 Mr. Allan Kuebler Southwest Management Co. 260 Landis Avenue Chula Vista, CA 92010 Dear Mr. Kuebler, This is to notify you that the claim you presented to the City on May 19, 1983 was denied by Operation of Law. HARNING - Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. - You may seek the adivce of an attorney of your choice in connection with thi smatter. If you so desire, you should do so immediately. Si ncerely, Signe Ann Thorsen Risk Manage.!' ~ ..' ~~kins-Morris -~ Risk Analyst SAT/MHM:ab t.5 '^" - (. 276 Fourth Amlue ChubVista,Califonria 92010 -_.._--.,-------~~.....".._._- -. SOUTHWESTMANAGEMENTCQ 260 lANDIS AVENUE . CHUlA VISTA, CAlIFORNIA92010 . 422-8334 I-lay 13, 1983 Mr. Joh~ Goss, City Manager ~~\. ~~ ~. Ci ty of Chula Vista " '.. ".61':- 276 Fourth Avenue Chula Vista, Ca. 92010 Dear Sir: ~ I am the owner of the apartment project located at 616 G Street. This apartment project backs up to a main drainage ditch. There is apparently.a problem of size and/or maintenance of this channel. There is a 6 foot drain pipe running under Broadwey, near G Street, that empties into - the open drainage ditch. In addition, there are three 36" drainage tubes enter- ing the channel, for runoff from Broadwa:. Also, all the surface drainage from the adjacent properties fill this ditch. ,;" probl"m arises when all this water is channeled into one 6 foot pipe, which t..,·· 5 the water westward from my apart- ment complex. Obviously, when more wate~ is coming into an Brea than is capable of draining away, the water level rises. we have the dilemma of being caught be- tween the water influx, an open ditch, and inadequate outflow. During the storm of March 2, 1983, water was flowing into this ditch much faster than it could drain out. To compound the problem, there was debris in the channel clogging the entrance to the drain tube. The result was the channel became a lake and spilled over into our co;nplex, flooding ten of our apartments and three of our garages. Since I don't own any of the drainageway, I can not control its maintenance, nor did I have any control over the size of the pipe/ditch, which was engineered to drain the area. In my opinion, there appears to be a significant miscalculation' in the design of the pipes upstream, or the pipe downstream. The cross sectional ereas of the pipas upstream are approximately 49 se;. ft., wheraas the downstrea'7. pipe is approxi~ately 25 s~. ft. " To the extent that the City permitted this to occur, I beliEve they have to assume the responsibility for the property damaged as a result of this miscal- culation, and would appreciate your advice 85 to the most expedient way to handle this matter. V ry. :ruly yours, c¿-" '. /' , .' , .', , (',' .,f /' . " ¥ /,,', /,,'"(.- _ ....del..,;; __%1 (. ¿ \ . AJK:lrm Allan J. Kuebler ~ 0- ~1 . CLAIM AGAINST THE CITY OF CHULA VISTA . ..4 CLAIMS MUST BE FILED WITHIN 100 DAYS OF DATE OF LOSS with the Personnel Department. 276 Fourth Avenue, Chula Vista, CA 92010. Where space is insufficient, please use additional paper and identify information by paragraph number. The undersigned, ALLAN :1 ~C P. U:-'z (Name of Cla~ant) hereby presents this Claim to THE CITY OF CHULA VISTA, a Public Entity, pursuant to Section ~10 of the California Government Code" 1. BUSING'S'::' . 9. ./" /1L, -r. ';?6~t...AJ1./.o/.S ÁUt? I ;¡;esiàe at '.';'') Address) (J/ff.Ìt4 U/<,; ;¡ tft:Jo/eJ , .LI.:J6? - f?.3 ~ 1,1 · . (Telephone) 2. I have been damaged in the sum of $ffñ 'T~,. ~'w"., . This sum includes both actual and estimated amounts su ~rE!Q of any prospective injury, damage, or loss insofar as is known at this time. 3. The basis of computation for the above figure is íG ho S Uß,""riff'Tt!'ú"J LA 7'P /!) · L Included with this claim are supporting paid bills, reçeipts or estimates - of cost labeled Exhibits · S. The incident from which this claim arises occurred: a. DATE S:",.p ~TTOCH f,? TIME A.M./p.M. b. PLACE in the City of Chula vista. 6. The particular act or omission and c':'r"u··stance,¡ which caused injury and/or damage were: .- 5'0" ~ ~ UU'l J'''-C?fi) 7. The name(s) of the public employee(s) causing injury, damage, or loss is (if known): Nj/+ ;'I)..-~ . _".~___.__+___.__,,__.. ___u__.... INDWELLER INfrastructure Dealing with Waste WELL Earth Restoration a non-profit mutual benefit corporation R E C E IVED '92 FEB 20 A10:12 TERESA ALAND EXECUTIVE DIRECTOR CITY OF ey!)! ,~ 'liST A 1433 NACION AVENUE CITY ClEFi' OFFiCE CHULA VISTA, CA 91911-5513 CITY COUNCIL CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CA 91910 REF: AGENDA ITEM _FEBRUARY 25, 1992 IN RESPONSE TO THE CITY OF CHULA VISTA'S RESOLUTION SUPPORTING THE JOINT APPLICATION BY THE CITY AND COUNTY OF SAN DIEGO FOR A RECYCLING MARKET DEVELOPMENT ZONE ON OTAY MESA. Staff says she is the only one deciding whether to be incorporated in the Zone established by the City and County of San Diego. Since October no effort WaS made to discuss market development. Staff only received a proposal from the organization INfrastructure Dealing with Waste WELL Earth Restoration requesting support of its application already to be incorporated in the City and County of San Diego's application. The proposal was not submitted to the RCC for qualification or adequacy to meet State requirements. The paper continues to establish the concept for recycling recoverable resources still not correctly identified or established by staff that should be required for any market development or future Qualification for Proposals. The composting operation is just one example of an opportunity to develop a new industry with designated recoverable resources. All requests to initiate a dialog between staff and private recycling interests have met with delays and circumvention to avoid flow control ordinances. This organization does not advocate total flow control, nor has it considered designated recyclables in our focus of development. The INDWELLER organization has presented informational items to affect staff decision in a positive and appropriate direction; and, in the most ambitious way possible. We have reiterated our goals, establishing the market theme and plan, the financial support of ª joint venture, and the physical. regional infrastructure without your assuming cost or risk. Please make it clear if this non-profit is entitled to Solid Waste Management Funds or other City support common in other jurisdictions with respect to public contributions made by their non-profits and business industries. ~' ~~~~) -~~~ 1433 Nadon Avenue, Chula Vista, CA 91911-5513 ~(\ ("~'\\ PHONE (619) 422-1145 FAX ~-\ð...h__~. 5b-1 \ -~-"- ._~. -"- "~------'-' .-..------ RECEIVED 677 G St _ , Sp. 26 Chula Vista, CA 9 1 91 0'92 FEB 20 mo :53 January 29, 1992 CITY OF GHi."~ A VIS iA CITY C: LPK'C: (\"'Ou'E ....i....,;" "_" <.Jrf H_" Ms. Linda L. Gilstrap, Chair Commission on Aging City of Chula Vista c/o Ms. Joyce Beardsley Parks & Recreation Dept. 270 F St. Chula Vista, CA 91910 Dear Linda: It is with sincere regret and not a little embarrassment that I feel the necessity to submit my resignation from the Commission. You and the other members have been so gracious to me during the several times I had to miss meeting last year and assuring of wanting my continued participation. I am so grateful. Furthermore, I have enjoyed the association around the Commission's responsibility. Now can you imagine, I have been called to jury service beginning Feb. 4 and will likely have to miss the February meeting of the Commission. THEN, if that were not enough, I have firm and very responsible commitments that will preclude my attending the meetings in April, May, and June. That is just too much "scheduled' , absenteeism to offer meaningful service to the Commission. So, please present my resignation at the February meeting. If I am not scheduled for jury that day, I will come to the meeting to confirm the request personally. Let me say again how much I have enjoyed the association with all members of the Commission and with Joyce and Carole--truly a fine group! Most sincerely yours, 8-f £) ~/\A-- Earl D. Biggers <35 ~ WRITTEN COMMUNICATIONS a;; :;(v) r 2/J3/1 ;2 '?~ -I ,.-.-..-. February 20, 1992 TO: Beverly Authelet, City Clerk 1 FROM: Carole C. Stohr, Secretary to the Commission on Aging ~U~ SUBJECT: Resignation of Commissioner Biggers The attached letter of resignation was presented to the Commission on Aging at its February meeting. I therefore request that you initiate the process to appoint a commissioner to complete Commissioner Biggers term. c:; Co. -2- .""-.....-.--....."-..-...-..--. COUNCIL AGENDA STATEMENT Item {p - Meeting Date 2/25/92 t.SI~ ITEM TITLE: Resolution - Approving Compensation and Fringe Benefits for Certain Unclassified Positions for FY 1991-92~~ SUBMITTED BY: Mayor Nade 4/5ths Vote: Yes - No X The various Council subcommittees designated to review the compensation of the City Manager, City Attorney, City Clerk and the Mayor/Council Secretary, have met and made the following recommendations, effective January 1, 1992: Position Sa 1 ary Market Basket City Manager $118,729 $8,087.83/annually City Attorney 110,664 $6,205.00/annually City Cl erk 61,582 $5,755.00/annually $1,500.00/education allowance Secy. to Mayor/Council 39,439 $4,985.00/annually In addition, when the new flex plan amounts for executive, middle management, and unrepresented employees were approved by Council on February 11, 1992, the Assistant City Manager's flex plan adjustment was inadvertently omitted at that time. It is recommended to increase his flex plan by the same amount as other employees, $147.17, for an annual market basket of $6,205. FISCAL IMPACT: The cost of the salary and fringe benefit modifications listed above is approximately $5,000 for period January I, 1992 to June 30, 1992. ~..I ___d__···_______·__ RESOLUTION NO. Itø~13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION AND FRINGE BENEFITS FOR CERTAIN UNCLASSIFIED POSITIONS FOR FY 1991-92 WHEREAS, the various Council subcommittees designated to review the compensation of the city Manager, City Attorney, City Clerk and the Mayor/Council Secretary, have met and made recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve compensation and fringe benefits for certain unclassified positions for FY 1991-92 effective January 1, 1992 as follows: position Salarv Market Basket city Manager $118,729 $8,087.83/annually City Attorney $110,664 $6,205.00/annually City Clerk $ 61,582 $5,755.00/annually ~ $1,500 education allowance Secy. to Mayor/Council $ 39,439 $4,985.00/annually BE IT FURTHER RESOLVED that the Assistant City Manager's flex plan is adjusted to $6,205. Presented by Tim Nader, Mayor C:\rs\exec salary ~ .. :z.. "~"-'-----""--"'-'.."'--'-' ..- ---.- COUNCIL AGENDA STATEMENT ITEM 7 MEETING DATE February 25. 1992 }1øt;,4 ITEM TITLE: RESOLUTION Approving Special Adjustments for certain Mid- Management and Unrepresented cl ass i fi cati ons, Amendi ng Executi ve & Mi d-Management Fringe Benefit Compensation Resolution and Salary Bands for Executive Management Personnel for FY 91-92, SUBMITTED BY: CITY MANAGE~' (4/5th Vote: Yes__ NO~) On July 24, 1990, the City Council approved Resolution 15729 which established a compensation plan for the Mid-Management employees for fiscal year 90/91. That reso 1 uti on provi ded for a comprehensi ve salary survey for 55 Mi d-Management positions. As a follow-up to the City Council action, a salary survey committee referred to as the Mid-Management Compensation Task Force prepared a request for proposals for the provision of services including conducting the salary survey and related analysis for the Mid-Management group. This RFP was subsequently issued by the City Manager. Nine proposals were submitted in response to that RFP and the firm of Ralph Andersen and Associates was engaged as the consultant (Attachment 1). Ralph Andersen and Associates conducted a comprehensive salary survey and analysis and provided recommendations to the City Manager for further consi derati on. The City Manager and hiS staff then carefully revi ewed the information provided by the consultant, as well as internal alignment issues, historical ties, and performance issues. This further indepth analysis resulted in modification to some of what the consultant had recommended. Attachment 2 includes the recommended special adjustments for the Mid-Management classifications. In conjunction with the analysis of Mid-Management positions the City Manager and Assistant City Manager evaluated the Unrepresented posi ti ons. Those recommended for increase are specifi ed in Attachment 5, Additionally the classification of Police Captain is recommended for inclusion in the Executive Management group. RECOMMENDATION: Adopt resolution approving salary increases for certain Mid- Management and Unrepresented classifications, and amending Executive and Mid- Management Fringe Benefit Compensation and Salary Bands for Executive Management personnel for FY 91-92 by placing the classification of Police Captain in the Executive Management group, and increasing the maximum rate of salary band E-5. 1-1 _._~______ ,_"u.__ ,,____ Page 2 BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: At the July 24, 1990 City Council Meeting, the Council approved, by resolution, a salary study and analysis of Mid-Management classifications. This came about as an alternative to conducting a salary survey wi th special adjustments to be implemented shortly after July, 1990. Instead, the Mi d- Management group, with the approval of the City Manager, opted for the formation of a committee to oversee a salary survey and an internal alignment study. It was anticipated at that time that the salary survey would be completed to provide implementation of special adjustments in January, 1991. It was apparent throughout this process that while the Mid-Management Compensation Task Force worked diligently, the results of the survey would not be available until after that date. In reality the depth of ana lysi s provi ded by Ralph Andersen and Associates and the City Manager and his staff resulted in the projects' completion only several months ago. The survey conducted by Ralph Andersen and Associ ates of the Mi d-Management classifications utilized information from 21 comparable cities throughout the State with whi ch Chul a Vi sta compares management sa 1 ari es. The i nformat ion obtained by Ralph Andersen, which basically defined a positions' "Market Value" was one factor that was used in deve 1 opi ng the proposed salary adj ustments, Other factors included internal relationships, performance, and availability of funds. Basically the definition of "Market Value" was redefined in 1986, using Statewide rather than County data. The goal over the years has been to bri ng Mi d- Management salaries in 1 i ne wi th, but not exceedi ng, the market for each position. In evaluating the "Market Value" of the Mid-Management positions as provided by the most recent study, it is clear that the gap between what Chula Vista pays compared to other cities throughout the State for comparable positions is narrowing and in some cases has been closed. So while substantial progress has been made in eliminating this gap for many classifications, for others it has been reduced but not eliminated. Thus the goal has been and continues to be, that movement needs to be made this year in order that Chula Vistas' compensation is more competitive with that paid by other agencies. The process used to determine the proposed salary increase for Mid-Management positions was lengthy, complex and very thorough. Once the survey data provided by Ralph Andersen was distributed, concerns of Mid-Managers and Department Heads were evaluated and data rechecked when necessary. Addi ti ona lly, the Ci ty Manager and hi s staff, after conferri ng wi th department heads, di scussed at 1 ength internal alignment issues, historical ties, and performance. í-,t _... .""- . _.._.~~+--------~_.._.._._.- Page 3 As a result of that further input and detailed evaluation, changes were made to what Ralph Andersen had recommended. Those changes were not made for the purpose of saving money, though actually it had that result - considerable savings over what the consultant had originally recommended. Examples of reasons for changes to what the consultant originally provided include: - a classification was resurveyed because inaccuracies were found in the consultants' data. . - a classification was tied to another classification that was resurveyed. - the City Manager and staffs' internal alignment recommendation differed from the consultants'. - performance was an issue. Taking into account the following: · the overall financial impact of the proposed special adjustments, · the fiscal constraints facing the City at this time, · commitments made to Mid-Managers to deal with equity issues, · the importance of maintaining the philosophical perspective of paying employees what they are worth, · not balancing the budget at employees' expense, the Mid-Management Compensation Task Force and the City Manager are recommending a phasing plan for implementation. Thi s plan provi des for movement of the salary range the full recommended percentage increase; however, each Mid-Manager will advance only to that step in the new range that is closest to but not less than their current monthly salary. This type of phasing process was used in the study of CVEA classifications in 1988 and was successful in recognizing the need to increase pay for classifications and yet phase the cost of that increase over several years. This meets the needs of the City in lean budget times and meets the needs of Mi d-Managers for whom cl assifi cati ons equi ty issues have been raised. These recommended special adjustments recognize added duties and responsibilities in our organization where the staff is lean compared to other agencies in our survey pool, If approved, increases (with the exception of one class - see footnote*) will be effective June 28, 1991. Subsequent to finalization of the proposed special adjustments, each Mid-Manager had the chance to present their concerns relating to any outstanding issues or disagreements to the City Manager either in wri t i ng or in person. Relatively few Mid-Managers choose to do this; however, those issues raised have been evaluated and that evaluation is reflected in the proposal. In additi on to eva 1 uati ng i nterna 1 re 1 ati onshi ps in the Mi d-Management group, the City Manager and the Assistant City Manager have analyzed internal relationships in the Unrepresented group and recommend increases for several classifications in that group as specifi ed in Attachment 5. These recommendati ons refl ect salaries appropriate for the level of responsibilities and duties assigned to each of these classifications and maintains appropriate i nterna 1 spreads. Effective date of proposed increases is January I, 1992. It is further recommended that the classification of Police Captain be placed in Executive Management, Salary Band E-l. This shift from Mi d-Management to Executive Management will recognize the level of duties and responsibilities currently assigned to this class and is consistent with other classes in this band: Revenue Manager, Budget Manager, and the Assi stant Di rectors. An ordi nance will be brought to Council at the meeting of March 3, 1992 establishing Police "'1-~ .______.n"__n__.. .._,._....._._ Page 4 Captain positions in the Uncl assifi ed Executive servi ce whi ch the Charter requires to be approved by a 4/5 vote. In addition to placing the Police Captains in the E-l salary band, the E-5 band has also been revised slightly to reflect minor modifications in the upper limit of the band, from $110,320 a year to $110,700 a year. There are no other changes recommended for the executive salary bands. FISCAL IMPACT: Fiscal impact of the proposed salary increases for FY 91-92, including related retirement contributions and benefit changes for Police Captain is $80,368 and was appropriated at the September 11, 1991 Council Meeting. Attachments: Attachment 1 - Council Agenda Statement Attachment 2 - List of Classifications Attachment 3 - Executive Salary Schedule Attachment 4 - Fringe Benefit Compensation Sheet Attachment 5 - Special Adjustment for Unrepresented *The classification of Equipment Maintenance Superintendent is recommended for full implementation rather than phasing because of long-term equity issues. .., -~ ~----_._---_._..._-.- . . \ . . ATTACHMENT 1 ; COUNCIL AGENDA STATEMENT Item Meeting Date 2/26/91 ITEM TITLE: REŠOLUTION Approving Ralph Andersen & Associates as the Consultant to Provide Mid- Management Salary Survey and Additional Analyses, Authorizing the Agreement, and Appropriating Funds Therefor SUBMITTED BY: Personnel Director City Manager On July 24, 1990, the City Council approved Resolution 15729 which established a compensation . plan for the middle management employees for FY 1990-9l. That resolution provided for a 5% salary increase, effective the first pay period in July 1990 and . provided for a comprehensive salary survey for mid-manager positions. As a follow-up to this City Council action, a salary survey committee referred to as the Mid-Management Compensation Task Force, prepared a Request for Proposals (RFP) for the provision of services related to conducting a salary survey and ,related analyses for the Mid-Management group which was issued by the City Manager. Nine proposals were submitted in response to .that RFP. The proposals were reviewed by a committee of two Mid- Managers and two Executive Managers, The five highest ranking firms, based on the proposal review process, were interviewed. Following the interview process, the top ranking firm was Ralph Andersen & Associates. RECOMMENDATION: Adopt the resolution engaging Ralph Andersen & Associates as the consultant¡ and and appropriating $17,000.00 to fund the cost of the consulting services. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As an alternative to conducting a salary survey with special adjustments to be implemented sho~ly after July 1990, the Mid- Managers,' with the approval of the city Hanagar ,(based on City Council Resolution 15729), opted for the formation of a committee to oversee a .alary survey and internal alignment study. It was anticipated at that time that the . salary-survey would be completed to allow ~mplementation of special adjustments to occur in January 1991, It has now become apparent that while the Mid- Management compensation Task Force has been working diligently, the results of a -survey can not be expected to be available until the end of June 1991, rather than by January 1991, as previously anticipated, for possible mid-year adjustments. -¡-S' . ..--- .·0 --... · , . '! Page 2, Item Meeting Date 2/26/91 'l'he Mid-Management Compensation Task Force, comprised of eight mid-managers, thlee executive managers and the Personnel Director, was formed with the goal of ensuring that a comprehensive salary survey will be conducted. The Task Force prepared the RFP for a salary survey, reviewed the proposals submitted in response to the RFP, and interviewed the top proposers. The top ranking firm of Ralph Andersen & Associates was unanimously supported by the interview panel. Ralph Andersen & Associates demonstrated extensive experience in conducting salary survey work and in working with committees to complete salary surveys, Other firms submitting proposals were: Shannon Associates Personnel Associates . Ernst & Young Comp Plus Nash and Company, Inc, Huntley Management Services Cooperative Personnel Services Becker & Bell, Inc. The criteria used for evaluation of the proposals included three general categories: content of proposal, qualifications of bidder, and costs. 'l'he proposed costs, based on the scope of work presented in the RFP, ranged from $13,000 to $15,000, with Ralph Andersen & Associates proposing a cost of $14,000. Following the consultant interviews, the interview panel recommended that the scope of services be expanded, so that the most comprehensive work product possible would be provided. The currently proposed scope of services, which the agreement with Ralph Andersen & Associates is based upon, is attached as Exhibit A, Those services are primarily related to the formulation of a compensation strategy, . The additional costs for those services is $3,000, bringing the total cost of professional services to $17,000, These additional tasks are considered by the interview panel to be important elements tha~ will significantly contribute to the validity of the study. FISCAL IMPACT: The proposed $17,000.00 includes the initial $14,000 consultant proposal plus $3,000 for the expanded scope of services recommended by the interview panel, The funding for the study will come from the unappropriated balance of the General Fund. Portions of the cost of the study will be recouped from appropriate special funding sources, (MidMan) -¡-~ -- ...----.---- -----.- . . . , EXHltj~ ~ À , "', I . . OUTLINE OF laD-MANAGEMENT COMPENSATION CONSULTANT SCOPE OF SERVICES PHASE I - STUDY ZHITIATIOH Task 1 Review and Finalize Work proqram With Mid- Management Compensation Task Force Task 2 Attend Mid-Managers Meeting to Present Work Program and Discuss Importance of Updating Class Specifications (Consultant should be prepared to provide a good sample class specification) . Task 3 Conduct Meetings With Department Heads and Mid- Managers to Gain a Detailed Understanding of the City's Organizational structure and Staffing and Become Familiar With Compensation Issues Task 4 Facilitate Mid-Management Compensation Task Force Workshop to Develop a 3-5 Page Compensation ) Strategy (This workshop will include discussion of comparable worth, issue) Task 5 Present Proposed Compensation Strategy to City Manager for Comments / Revisions PHASE II - COMPENSATION Task 1 Working With the Mid-Management Compensation Task Force, Confirm Labor Market Employers and Survey Classifications (Consultant may need to survey more than 15 cities to receive 15 responses) Task 2 Collect Labor Market Survey Data (This includes conducting both the salary and benefits surveys) Task 3 Analyze Compensation Data Task 4 Develop Internal Salary Relationships (Consultant will document existing relationships and help to develop consistent, uniform, and realistic I guidelines for internal relationships to facilitate recommendations of equitable and appropriate internal salary relationship differentials) -;..1 ¡~~ -.---...-.. . , . i "', j , Task 5 Develop Salary Recommendations and Pay structures Task 6 Prepare Final Draft Report to Include: - A summary of survey classifications and the comparison of employers - A discussion of the compensation survey results - A summary of the compensation structure development process - Salary range recommendations for each classification - Implementation options - Appendices containing the compensation survey . data Task 7 Revise Draft Report at Direction of Mid-Management Compensation Task Force Task 8 Present Final Report to City Manager Task 9 Present Final Report to Mid-Managers \ Task 10 Present Final Report to City Council tsksco ø ï--8' I'i.. _ JJ ,.~,-~.... "--- , . ,L\-rTl~~I4M~t...) T 2.. ( aJRRENT PROPOSED CURRENT M 0 NTH L Y FY 1991 . 1992 MONTHLY MONTHLY II DF CLS CD CLASS TITLE 91-92 E 91-92 E INCREASE A B C D E 2457 BATTALION CHIEF 5,490.93 5,743.50 4.6011 4,516.93 4,743.38 4,979.58 5,230.38 5,490.93 7228 BLDG SERV SUPT 4,993.49 5,250.00 5.1411 4,111.67 4,316.91 4,529.10 4,755.21 4,993.49 2625 BUS OFF I CE MGR 4,010.80 4,054.05 1.0811 3,299.43 3,464.66 3,640.33 3,822.95 4,010.80 2115 CONPUTER OPER MGR 4,176.03 4,587.45 9.8511 3,435.09 3,607.28 3,788.17 3,977.75 4,176.03 2051 CONSERVATION COORD 3,972.53 4,D54.D5 2.0511 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 6556 OEPUTY CITY CLK 3,339.43 3,424.05 2.5311 2,748.07 2,885.48 3,029.84 3,181.16 3,339.43 1653 DEP D I R PARKS 5,116.98 5,250.DO 2.6011 4,210.81 4,421.27 4,642.16 4,873.48 5,116.98 1654 DEP OIR RECREATION 5,116.98 5,250.00 2.6011 4,210.81 4,421.27 4,642.16 4,873.48 5,116.98 2566 DEV PROJECTS MGR 4,941.31 5,262.60 6.5011 4,064.71 4,269.95 4,482.14 4,708.25 4,941.31 ( ø¿28 DISASTER PREP SPEC 4,036.88 4,054.05 0.4311 3,322.04 3,487.27 3,661.20 3,843.82 4,036.88 2050 ENVIRON RES MGR 3,972.53 4,054.05 2.0511 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 3544 ENVIRON REV COORD 4,346.48 4,662.00 7.2611 3,572.50 3,753.38 3,941.22 4,139.50 4,346.48 3337 EQUIP MAINT SUPT 4,306.47 4,910.85 14.0311 3,541.19 3,720.33 3,909.92 4,104.72 4,306.47 3457 FIRE MARSHAL 5,490.93 5,743.50 4.6011 4,516.93 4,743.03 4,981.32 5,228.30 5,490.93 2664 HOUSING COORD 4,840.44 5,262.60 8.72X 3,977.75 4,176.03 4,386.48 4,607.37 4,840.44 2485 LANDSCAPE ARCHITECT 4,515.19 4,662.00 3.2511 3,711.64 3,897.74 4,090.80 4,296.04 4,515.19 2508 LIBRARY AUTO MGR 4,010.80 4,587.45 14.3811 3,299.43 3,471.62 3,642.07 3,824.69 4,010.80 3115 MICRO COMPUTER SPEC 3,972.53 4,369.05 9.9811 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 3998 OPEN SPACE COORD 3,970.79 4,268.25 7.4911 3,264.64 3,428.13 3,600.32 3,781.21 3,970.79 2918 PARK SUPT 4,993.49 5,250.00 5.1411 4,111.67 4,316.91 4,529.10 4,755.21 4,993.49 2607 POLICE CAPTAIN 6,303.18 6,463.80 2.5511 5,181.34 5,449.19 5,720.51 6,005.76 6,303.18 '~07 PRIN LIBRARIAN 4,652.59 4,662.00 0.2011 3,829.91 4,019.49 4,221.25 4,431.70 4,652.59 ( 2556 PRIN PLANNER 5,083.94 5,222.70 2.7311 4,184.72 4,393.44 4,614.33 4,843.91 5,083.94 PAGE 1 02/24)92 ì-9 ..."____,.~._,__._.·u._.._ .J , ( aJaRENT PROPOSED CUR R E N T M D NTH L Y FY 1991 . 1992 _THLY _THLY lOF CLS CO CLASS TITLE 91-92 E 91-92 E INCREASE A B C 0 E 3938 PW MAINT SUPT 4,993.49 5,250.00 5.141 4,111.67 4,316.91 4,529.10 4,755.21 4,993.49 1200 PURCHASING AGT 4,525.45 4,875.15 7.731 3,723.81 3,909.92 4,104.72 4,309.95 4,525.45 2658 REC SUPERINTENDENT 4,993.49 5,250.00 5.141 4,'108.20 4,313.43 4,529.10 4,755.21 4,993.49 2564 REDEVLP COORD 4,941.31 5,262.60 6.501 4,064.71 4,269.95 4,482.14 4,708.25 4,941.31 2154 RISK MANAGER 5,017.84 5,128.20 2.201 4,127.33 4,334.30 4,551.71 4,779.56 5,017.84 2357 SR ACCOUNTANT 3,960.36 4,174.80 5.411 3,259.42 3,422.92 3,593.37 3,m.51 3,960.36 8116 SR ANIMAL CONTROL OFF 3,109.84 3,932.25 26.451 2,556.75 2,687.20 2,815.91 2,962.01 3,109.84 2568 SR CONN OEV SPEC 3,988.18 4,054.05 1.651 3,283.77 3,445.53 3,617.72 3,800.34 3,988.18 4777 SR CRIME ANALYST 3,993.40 4,054.05 1.521 3,287.25 3,449.01 3,621.19 3,803.82 3,993.40 ( .506 SR LIBRARIAN 3,972.53 4,054.05 2.051 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 2054 SR MGNT ASSISTANT 3,972.53 4,054.05 2.051 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 2155 SR PERSONNEL ANALYST 3,972.53 4,054.05 2.051 3,266.38 3,429.87 3,602.06 3,782.95 3,972.53 2555 SR PLANNER 4,346.48 4,662.00 7.261 3,572.50 3,753.38 3,941.22 4,139.50 4,346.48 2656 SR RECREATION SUPVR 3,802.08 3,901.80 2.621 3,132.46 3,287.25 3,449.01 3,624.67 3,802.08 2114 SYS/PROGRAMMING MGR 4,842.17 5,363.40 10.761 3,982.97 4,182.98 4,391.70 4,610.85 4,842.17 2415 TRANSIT COORD 5,363.96 5,470.50 1.991 4,412.57 4,635.20 4,863.05 5,106.55 5,363.96 ( i-tO ------,.".,...----- . ( PROPOSED NEW _THl Y SALARY FY 1991-92 ClS Q) CLASS TITLE A I C 0 E 2457 IATTALION CHIEF 4,725.19 4,961.47 5,209.53 5,470.01 5,743.52 7228 lLOG mv SUPT 4,319.19 4,535.15 4,761.91 4,999.99 5,249.99 2625 IUS OFFICE IIGR 3,335.30 3,502.05 3,677.16 3,861.00 4,054.06 . 2115 COI'UTER (IfR IIGR 3,774.10 3,962.81 4,160.94 4,369.00 4,587.46 2051 COIISERVATlON COORD 3,335.30 3,502.05 3,677.16 3,861.00 4,054.06 6556 DEPUTY CITY ClK 2,816.97 2,957.81 3,105.71 3,260.99 3,424.05 1653 OEP OIR PARKS 4,319.19 4,535.15 4,761.91 4,999.99 5,249.99 1654 OEP OIR RECREATION 4,319.19 4,535.15 4,761.91 4,999.99 5,249.99 2566 OEV PROJECTS MOl 4,329.56 4,546.02 4,m.34 5,011.99 5,262.60 (..dB DISASTER PREP SPEC 3,335.30 3,502.05 3,677.16 3,861.00 4,054.06 2050 ENVI RON RES MGR 3,335.30 3,502.05 3,677.16 3,861.00 4,054.06 3544 ENVIRON REV COORD 3,835.43 4,027.21 4,228.58 4,440.01 4,662.01 3337 EQUIP MAINT SUPT 4,040.19 4,242.19 4,454.29 4,677.01 4,910.85 3457 FIRE MARSHAL 4,725.19 4,961.45 5,209.53 5,470.01 5,743.52 2664 HOUSING COORD 4,329.56 4,546.02 4,m.34 5,011 .99 5,262.60 2485 LANDSCAPE ARCHITECT 3,835.43 4,027.21 4,228.58 4,440.01 4,662.01 2508 lllRARY AUTO MGR 3,774.10 3,962.81 4,160.94 4,369.00 4,587.46 3115 MICRO COI'UTER SPEC 3,594.43 3,774.14 3,962.86 4,161.00 4,369.04 39911 (IfN SPACE COORD 3,511.49 3,687.07 3,871.43 4,065.00 4,268.25 2918 PARK SUPT 4,319.19 4,535.15 4,761.91 4,999.99 5,249.99 2607 POLICE CAPTAIN 5,317.78 5,583.68 5,862.85 6,155.99 6,463.80 "'''07 PRU LllRARIAN 3,835.43 4,027.21 4,228.58 4,440.01 4,662.01 ( 2556 PRIN PLANNER 4,296.71 4,511.56 4,737.14 4,973.99 5,222.69 PAGE I 02/24/92 ì- \\ ...._._-_._----~ _._~._._-,._- -' . . ( PROPOSED MEW IØITHlY SAWY FT 1991-92 , ClS CD CLASS TITLE A 8 C D E 3938 PW MAIMT SUPT 4,319.19 4,535.15 4,761.91 4,999.99 5,249.99 1200 PIIICMASIMG ADT 4,010.80 4,211.33 4,421.92 4,643.00 4,875. '6 2658 REC SUPERIIITEIIDEMT 4,3'9.'9 4,535.15 4,76'.9' 4,999.99 5,249.99 2564 REDEVLP COORD 4,329.56 4,546.02 4,773.34 5,011.99 5,262.60 2'54 ilK IWIAGER 4,2'8.99 4,429.92 4,65' ~42 4,884.00 5, '28.20 2357 51 ACCOUIITAIIT 3,434.6' 3,606.35 3,786.64 3,975.99 4,174.79 .,'6 51 AIIIMAl CONTROL OFF 3,235.07 3,396.83 3,566.67 3,744.99 3,932.24 2568 51 COMM DEY SPEC 3,335.30 3,502.05 3,677. '6 3,86' .00 4,054.06 4m 51 ClIME AIIAlYST 3,335.30 3,502.05 3,677.'6 3,86'.00 4,054.06 ( _,06 SR Ll8RARIAII 3,335.30 3,502.05 3,677. '6 3,86'.00 4,054.06 2054 51 MGMT ASSISTANT 3,335.30 3,502.05 3,677.'6 3,86' .00 4,054.06 2'55 SR PERSONNEL ANALYST 3,335.30 3,502.05 3,677. '6 3,861.00 4,054.06 2555 51 PLANNER 3,835.43 4,027.2' 4,228.58 4,440.0' 4,662.0' 2656 51 RECREATION SUPYR 3,210.0' 3,370.52 3,539.04 3,715.99 3,90'.79 2114 SYS/PROGRAHHING MGR 4,412.48 4,633." 4,864.76 5,'OS.00 5,363.39 2415 TRANSIT COORD 4,500.60 4,725.62 4,961.90 5,209.99 5,470.49 . ( ì -I "2- .. -~._----_..__.-..._- MID MANAGEMENT POSITIONS NOT RECEIVING SPECIAL ADJUSTMENTS Assistant Transit Coordinator Communications System Manager Geographic Information Systems Manager Principal Community Development Specialist Principal Management Analyst Principal Management Assistant Principal Personnel Analyst Public Information Coordinator Public Works Coordinator Senior Civil Engineer Senior Parks Supervisor Senior Public Works Supervisor Supervising Construction Specialist Supervising Evidence Technician Traffic Engineer Volunteer Coordinator 'lol"! .. -,----~..._._,.,- ATTACHMENT 3 February 25, 1992 EXECUTIVE SALARY SCHEDULE Executive Salarv Band Minimum Limit Maximum Limit E-5 $6,560/month '$9,225/month Assigned Positions: $78, 720/year $110,700/year Assistant City Manager Chief of Police E-4 $5,960/month $8,510/month $71,520/year $102,120/year Assigned Positions: Assistant City Attorney Deputy City Manager Director of Public Works E-3 $5,450/month $7,840/month $65,400/year $94,080/year Assigned Positions: Director of Community Development Director of Finance Director of Parks and Recreation Director of Planning Fire Chief Library Director E-2 $4,940/month $7,160/month $59, 280/year $85,920/year Assigned Positions: Assistant to the City Manager Diretor of Building and Housing Director of Management and Information Services Director of Personnel Deputy Director of Public Works City Engineer Executive Director, Nature Interpretive Center E-l $4,430/month $6 , 680/month $53,160/year $80,160/year Assigned Positions: Budget Manager Revenue Manager Assistant Director of Finance Assistant Director of Building & Housing Assitant Director of Planning Assistant Library Director Assistant Director of Community Development Assistant Director of Management and Information Services Assistant Director of Personnel Pol ice Captain .'Î .. ) ~ ...---.......--.......- ATTACHMENT 4 EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED Fringe Benefit Compensation 1- Executive Group A. Membership City Manager* City Attorney* City C1erk* Assistant City Attorney* Assistant City Attorney/Chief Litigator* Assistant City Manager* Assistant to the City Manager* Assistant Director of Building & Housing* Assistant Director of Community Deve10pment* Assistant Director of Finance* Assistant Director of Management and Information Services* Assistant Director of Personnel* Assistant Director of P1anning* Assistant Library Director* Budget Manager* Chief of Po1ice** Deputy City Manager* Deputy Director of Engineering* Deputy Director of Public Works Operations* Director of Building & Housing* Director of Community Deve1opment* Director of Finance* Director of Management and Information Services* Director of Parks & Recreation* Director of Personne1* Director of P1anning* Director of Public Works* Executive Director, Nature Interpretive Center* Fire Chief* Library Director* Police Captain* Revenue Manager* B. Fringe Benefits 1) Deferred Compensation Plans - a. Employees in the Executive Group may participate in the City's approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. * City pays 7% of employee contribution to Public Employees Retirement System. **City pays 9% of employee contribution to Public Employees Retirement System. î...IS ."--_........._._~_. EXECUTIVE GROUP CONTINUED 2) Flexible Benefit Plan Effective 7/1/91, the Executive Group, with the exception of the City Clerk, City Attorney, Assistant City Manager and the City Manager, will receive $5,755 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 3) long Term Disability Insurance - The City assumes payment of the full cost of long-term disability insurance for executive positions. 4) City pays for life insurance policy in the amount of $47,000 each. 5) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 6) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2,02. 7) Vacation - Executive positions shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service. After completion of fifteen years of continuous service, 20 days per year. No more than three years of vacation leave may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 8) Holidays - The executive group will be credited 32 hours annually for floating holidays (lincoln's and Washington's Birthdays, Admission Day and Veterans Day), and the City will be closed on the following holidays: Independence Day, labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. 9) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 10) Administrative Leave - The executive group, including the City Manager, City Attorney and City Clerk, will receive 56 hours of administrative leave each fiscal year. Administrative leave may not be acccumu1ated from year to year. 11) Auto Allowance - The City Manager will have authorization to provide, at his discretion, an automobile or auto allowance of up to $285/month for certain executive staff with the allowance contingent on evidence of adequate auto insurance. '¡ ../1.. --......---.- II. MIDDLE MANAGEMENT GROUP A. Membership Assistant Fire Chief Assistant Transit Coordinator Battalion Chief Building Services Superintendent Business Office Manager Communications Systems Manager Computer Operations Manager Conservation Coordinator Deputy City Attorney Deputy City Clerk Deputy Director of Parks Deputy Director of Recreation Disaster Preparedness Coordinator Economic Development Manager Environmental Resource Manager Environmental Review Coordinator Equipment Maintenance Superintendent Fire Marshal Geographic Information Systems Manager Housing Coordinator Landscape Architect Library Automation Manager Microcomputer Specialist Open Space Coordinator Principal Librarian Principal Management Analyst Principal Management Assistant Principal Personnel Analyst Principal Planner Principal Community Development Specialist Public Information Coordinator Public Works Maintenance Superintendent Public Works Coordinator Purchasing Agent* Redevelopment Coordinator Risk Manager Senior Accountant Senior Animal Control Officer Senior Civil Engineer Senior Community Development Specialist Senior Crime Analyst Senior Librarian Senior Management Assistant *Incumbent receives executive management fringe benefits. í...\1 .. ._-,..._------_._-~._._..-,_. Senior Park Supervisor Senior Personnel Analyst Senior Planner Senior Public Works Supervisor Senior Recreation Supervisor Supervising Construction Specialist Supervising Evidence Technician Systems and Program Manager Traffic Engineer Transit Coordinator Volunteer Coordinator (NIC) B. Fringe Benefits 1) The City will pay the full 7% of the employee's contribution to the Public Employees Retirement System. 2) Deferred Compensation Plans - a. Employees in the Middle Management Group may participate in the City's approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. 3) Flexible Benefit Plan Effective 7/1/91, the Middle Management Group will receive $5,215 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 4) Long Term Disability Insurance or PORAC - The City assumes payment of the full cost of long-term disability insurance for middle management positions. 5) Professional Enrichment $17,000 will be set aside, outside the flex plan, for professional enrichment, such as extra conferences and training, for the exclusive use of middle managers. 6) City pays for life insurance policy in the amount of $47,000 each. 7) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 8) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2.02. 1"/Z$ ___.__'___"___'__'.O"W'._·· 9) Vacation - Middle Management positions will earn ten days vacation per year in the first through fourth year of continuous employment, fifteen days vacation per year in the fifth through fifteenth year of continuous service, and twenty days per year after completion of fifteen years of continuous service. No more than three years vacation may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 10) Administrative Leave - The Middle Management group will receive 40 hours administrative leave each fiscal year. Administrative leave may not be accumulated from year to year. At the discretion of the department head, certain middle managers may be recommended by their department head for up to an additional 16 hours administrative leave, subject to the approval of the City Manager. 11) Holidays - The Middle Management group will be credited 32 hours annually for floating holidays. The City will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. 12) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 13) Bilingual Pay - $35 per month if eligible. Exceptions to the above apply to certain Middle Managers, as follows: 1. Suppression Battalion Chiefs will receive 96 hours holiday pay in lieu of all holidays. Fire Marshal and Non-Suppression Battalion Chiefs will receive the same floating and hard holidays benefits as other middle managers. 2. Overtime - Suppression Battalion Chiefs will earn straight time for actual overtime worked. The Non-Suppression Battalion Chiefs will earn straight time for overtime worked when filling in for a Suppression Battalion Chief on holidays or weekends, 3. Sick Leave and Vacation Accruals for the Suppression Battalion Chiefs will be in accordance with the 1990-93 Memorandum of Understanding with the International Association of Firefighters Local 2180. C. Miscellaneous- The following provisions of the FY 1990-93 CVEA Memorandum of Understanding shall apply to the Middle Management group: Section 2.01B - Acting Pay Section 2.01C - Job Sharing 1..1~ --....- .... ._-----~...._- -. - --- III. UNREPRESENTED GROUP A. Membership Secretary to the Mayor/City Council Secretary to the City Attorney Executive Assistant to the City Manager Secretary to the City Manager's Office Confidential Administrative Secretary QWL/Training Coordinator Personnel Analyst Risk Analyst Personnel Technician Secretary to the Redevelopment Agency Secretary to the Planning Commission B. Fringe Benefits 1) The City will pay the full 7% of the employee's contribution to the Public Employees Retirement System. 2) Flexible Benefit Plan Effective 7/1/91, the Unrepresented Group will receive $4,985 each annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1990-93, and any additional uses approved by City Council. 3) Professional Enrichment A total of $2,250 will be set aside, outside the flex plan, for professional enrichment. 4) City pays for life insurance policy in the amount of $17,000 each. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 5) The PERS 1959 Survivors Benefit employee premium cost per month will be paid by the City. 6) Sick Leave Reimbursement - Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2.00, Section 2.02. 7) Vacation - Unrepresented positions will earn ten days vacation per year in the first through fourth year of continuous employment, fifteen days vacation per year in the fifth through fifteenth year of continuous service, and twenty days per year after completion of fifteen years of continuous service. No more than three years vacation may remain on the books by the end of the last pay period in the calendar year, and any time in excess of the three year limitation as of the cutoff date will be lost. 8) Holidays - The Unrepresented group will be credited 32 hours annually for floating holidays. The City will be closed on the following holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Memorial Day. 1~¡O -~--_.._..- . ~..._.._._.,._---"-_.,,--,_.._- ---. 9) Mileage Reimbursement - as specified in CVEA Memorandum of Understanding. 10) Bilingual Pay - $35 per month if eligible. 11) Deferred Compensation Plans - a. Employees in the unrepresented Group may participate in the City's approved deferred compensation plans. b. There will be a cap of 25% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the fiscal year. 12) Long Term Disability Insurance - The City assumes payment of the full cost of long-term disability insurance for the unrepresented group. 13) Miscellaneous- The following provisions of the FY 1990-93 CVEA Memorandum of Understanding shall apply to the unrepresented group: Section 2.01B - Acting Pay Section 2.01C - Job Sharing Section 2.22 - Career Advancement execbene 1;~1 .._...._.._ _._.__ ___m_...._ --.----.'. Attachment 5 FY 91-92 SPECIAL ADJUSTMENTS FOR UNREPRESENTED POSITIONS Effective 1/1/92 Classification Percentage Increase Executive Assistant to City Manager 1% Secretary to City Attorney 1% Secretary to Planning Commission 1% Secretary to Redevelopment Agency 1% Secretary to City Manager's Office 3.9% ï.-l.l. .--..------. "-------,--.- RESOLUTION NO. 16514 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SPECIAL ADJUSTMENTS FOR CERTAIN MID-MANAGEMENT AND UNREPRESENTED CLASSIFICATIONS, AMENDING THE EXECUTIVE, MID- MANAGEMENT AND UNREPRESENTED FRINGE BENEFIT COMPENSATION RESOLUTION AND INCREASING BAND E-5 OF THE SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL FOR FY 91-92 WHEREAS, on July 24, 1990, the city Council approved Resolution 15729 which established a compensation plan for the Mid- Management employees for fiscal year 90/91 which resolution provided for a comprehensive salary survey for Mid-Management positions; and WHEREAS, as a follow-up to the City Council action, a salary survey committee referred to as the Mid-Management Compensation Task Force prepared a request for proposals for the provision of services including conducting the salary survey and related analysis for the Mid-Management group; and WHEREAS, Ralph Andersen and Associates conducted a comprehensive salary survey and analysis and provided recommendations to the city Manager for further consideration; and WHEREAS, the City Manager and his staff then carefully reviewed the information provided by the consultant, as well as internal alignment issues, historical ties, and performance issues which indepth analysis resulted in modification to some of what the consultant had recommended; and WHEREAS, Attachment 2 contains the recommended special adjustments for the Mid-Management classifications; and WHEREAS, the classification of Police Captain is recommended for inclusion in the Executive Management group; and WHEREAS, in addition to evaluating internal relationships in the Mid-Management group, the City Manager and the Assistant City Manager have analyzed internal relationships in the Unrepresented group and recommend the increases for classifications in that group specified in Attachment 5; and WHEREAS, it is further recommended that the classification of Police Captain be placed in Executive Management, Salary . Band E-1 which will recognize the level of· duties and responsibilities currently assigned to this class and is consistent 1 Î"¡~ ..~---. .--.,-"--- with other classes in this band: Revenue Manager, Budget Manager, and the Assistant Directors; and WHEREAS, in addition to placing the Police Captains in the E-1 salary band, the E-5 band is also recommended to be revised slightly to reflect minor modifications in the upper limit of the band, from $110,320 a year to $110,700 a year with no other changes recommended for the executive salary bands. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve special adjustments for certain Mid-Management effective June 28, 1991 as set forth in Attachment 2 attached hereto and incorporated herein by reference as if set forth in full; and for Unrepresented Classifications effective January 1, 1992 as set forth in Attachment 5, attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Executive Salary Schedule is amended by increasing the Maximum Limit from $110,320 to $110,700 as set forth in Attachment 3 attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Executive Middle Management and Unrepresented Fringe Benefit Compensation is amended by adding Police captain in the Executive Group and deleting Police Captain from the Middle Management Group as shown in Attachment 4 attached hereto and incorporated herein by reference as if set forth in full, subject to future Council approval of an ordinance placing the positions in the Unclassified Executive Service. Presented by Approved as to form by :¡,Ll J úv--1 ¡j<:.J. John Goss, city Manager Bruce M. BOOg~, city Attorney C: \rs\123 2 \..~~ ----,+--..--.-...-.-.-......-.---- COUNCIL AGENDA STATEMENT Item 8 Meeting Date02/25/92 ITEI[ TITLE: Resolution 110 S IS Supporting the County of San Diego and the City of San Diego Joint Application to Establish a Recycling Market Development Zone. SUBKITTED BY: Conservation CoordinatorAUB REVIEWED BY: Ci ty Managerg (4/5ths Vote: Yes___No~) BACKGROUND: As Council is aware, the California Integrated Waste Management Act of 1989 (AB 939) requires that cities reduce the wastestream going to landfills 25 percent by 1995 and 50 percent by 2000, To assist in completing the "recycling loop," Senate Bill 1322 further amends AB 939 by creating guidelines for establishment of Recycling Market Development Zones (RMD Zones) . These RMD Zones are specific geographic areas where incentives are offered to attract recycling businesses. The State of California and the California Integrated Waste Management Board have allocated the following for companies located within RMD Zones. * $5 million in low-interest loans. * Research and development funds. * Marketing Support. * Sales Tax Credits for machinery purchased to produce recycled content products. * Carry-over of unused tax credits to future tax years. * Loss carry-over to years in which taxable income is earned. This report describes a joint application for the establishment of a Recycling Market Development Zone being developed by the County of San Diego and the City of San Diego for which City Council support is requested. It also addresses why staff would not recommend an application by the City of Chula Vista at this time. RECOMMENDATION: Approve the resolution supporting the County of San Diego and the City of San Diego joint application to establish a Recycling Market Development Zone. BOARDS/COMKISSIONS RECOMMENDATION: The Resource Conservation Commission has been provided a copy of this report for discussion at their February 24th, 1992 meeting, An oral report of this meeting can be provided to Council if requested. 1 ~. I .._------.._----" ------ DISCUSSION: Chula Vista's "Secondarv Materials" Generation In November, 1991 City Council adopted a Preliminary Source Reduction and Recycling Element outlining the goals and objectives that will help the City meet the mandated 25 and 50 percent solid waste diversion required by State Assembly Bill 939. On March 7, 1992 the City's mandatory recycling ordinance will take effect. The City has established a Curbside Recycling Program for all single-family residences, a Model Civic Center Office Recycling Program and Business Recycling Outreach Project, and a Pilot Home Composting Project, with plans to implement additional recycling programs for all sectors, industrial, commercial, multi-family, and yard waste on a Citywide basis. The City generates an average of 340 tons per month of recyclables from its Curbside Recycling Program. There is the potential of generating over 3700 tons of recyclable materials each month when addi tional recycling programs are implemented City-wide in the next two-to-five years and as much as 6000 tons of recyclable materials each month in the next five-to-ten years. The Recvclinq Market Development Zone Application Requirements Any City, County or private entity may apply to establish a Recycling Market Development Zone. The applicant must own or secure a contiguous parcel of land whereby all parties owning or operating on the land agree to support and participate in the application. Thus, an industrial park or an entire County may apply, provided all parties agree to the application and the necessary real estate is available. The application process is competitive, and only eight RMD Zones will be established in the 1992 program cycle, to be divided equally throughout the State. The RMD Zone applicant must show potential economic viability to adequately finance programs to support recycling businesses, available high quaE ty secondary materials (raw material or "feedstocks") to support the Zone, and bring together financial, economic and solid waste experts to form a Zone management team. The applicant must also provide an effective and innovative plan for recruitment of businesses to the proposed Zone; provide a well developed program and administration that will support an infrastructure for adding value to secondary materials, and that creation of the Zone will extend existing landfill capacity. Additionally, the area proposed for the Zone must be zoned an appropriate land use for the development of commercial, industrial or manufacturing purposes; have an existing postconsumer waste collection infrastructure; and the area must be identified in the countywide integrated waste management plan as part of the market development for the region. 2 ~.¡ .___~~___..'~.m Whv Support A Reqional Recvclinq Market Development Zone The County of San Diego and the City of San Diego are developing a joint application for the establishment of a RMD Zone in the Otay Mesa Area, to the east and south of Brown Field. Attachment A contains a map of the proposed RMD Zone. The area encompasses approximately 6,000 acres of land. The County's proposed land is zoned S-88 for heavy industrial; the City's parcel is a declared Enterprize Zone. All air quality permits and environmental review requirements (CEQA) have already been secured for development of the area. Additional environmental and related permits required as businesses establish in the Zone would be obtained with assistance from the State, County and City. The entire San Diego County region would greatly benefit from a the proposed joint County and City of San Diego RMD Zone for the following reasons: * The attraction of new business and industry in order to increase employment opportunities and tax base. * Minimizing of the transportation of recycled goods by geographically locating recycling centers and reprocessing manufacturers. * Creation of new guidelines to expedite the permit process for businesses locating in the Zone. * Facilitation and coordination of environmental assessments to ensure compliance with environmental regulations while assisting businesses locating in the Zone to obtain the necessary permits. * Support of regional waste exchange programs and secondary materials markets. * Reduction of infrastructure costs. Chula Vista would benefit directly through the creation of local market opportunities that would ensure consistent, reliable and innovative markets for the sale of secondary materials generated in the City; reduced transportation costs to secondary material markets; and through regional economic growth. Why Not Applv For Establishment of a RMD Zone in Chula Vista As stated above, the application process for the establishment of a Recycling Market Development Zone is very comprehensive. Staff feels that at this time the City would benefit most from the establishment of such a Zone on a regional basis, as proposed by the County and City of San Diego. This is true particularly in light of the competitive nature of the application process. 3 «.~ ._~._..._._._,_.. Additionally, staff feels that based upon conversations with the Integrated Waste Management Board Market Development staff, that the State will look favorably on a Southern California reqionallv supported application, particularly since the proposed County and City of San Diego RMD Zone may benefit from the proximity to Mexico (under the proposed Free Trade agreement) and location of the City of San Diego's Enterprize Zone. Ms. Teresa Aland submitted to the Resource Conservation Commission a proposal to develop a joint City and INDWELLER application for establishment of the City as a RMD Zone. Council may recall that this proposal was brought to your attention at the February 8th, 1992 City Council meeting. Staff has reviewed the proposal and found it to be inadequate under the requirements of the State, without a clear cut and viable plan for development of a RMD Zone in the City. Additionally, current City staffing would not allow for a quality application to be developed, nor does staff feel that the City at this time is ready to commit to development of such a Zone. As discussed above, establishment of a RMD Zone would require a comprehensive marketing plan, financial support and physical infrastructure for recruitment of businesses to the Zone. Staff has met with County and City of San Diego staff and feels that they are ready to assume these responsibilities for the betterment of the entire San Diego region. This opportunity will allow the City of Chula Vista to benefit from the stabilization of local markets without assuming cost or risk. Ms. Aland may submit an application for establishment of a RMD Zone without City involvement, should she so desire. Since the application process occurs annually, City staff can consider the possibility of applying for the establishment of a RMD Zone within the City of Chula Vista at some future date. FISCAL IMPACT: None as a result of this report. 4 ~..~ ...~._-_.. SD WASTE MGMT ADMIN. TEL No.6194925021 FE ATTACHMENT A . , I / :g I ! @)~/! I ø~D '~~Þ~iji~$'; en \ ~ I I 'III"AN" IlYO: 8 0 2 -- CD I :1 <C I 0 JJ ! '" CD"'1J 11: 'm ~~ ., ~ 0 ~ J,lfDI.I. AD (') 0 '" o 1.1> · _"0 ... o ~ I i --0 '" ::J en í rn I : ~~ . (:ITY_COIr,N1" O'ID œo ~, , ., -- , š'~ ~, . -0 00 () c - ëß ::::J CI"'-t:GC,I""'~II"1 -~ 0 \ "'0. 3 \ CD ::::J - . ~ , , ::::J t CD t . , ~ I . ~~S ,·.._u·_.__________.·. Ib.,~" f RESOLUTION NO. 16515 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE COUNTY OF SAN DIEGO AND THE CITY OF SAN DIEGO JOINT APPLICATION TO ESTABLISH A RECYCLING MARKET DEVELOPMENT ZONE WHEREAS, the city of Chula vista has adopted a preliminary Source Reduction and Recycling Element outlining the goals and objectives that will help the city meet the mandated 25 and 50 percent diversion required by State Assembly Bill 939; and WHEREAS, the City has adopted a mandatory recycling ordinance in order to comply with the County of San Diego's prohibition against disposal of recyclables in area landfills; and WHEREAS, the city recognizes the importance of recycling and reuse of secondary materials in order to conserve landfill space and resources; and WHEREAS, the City has established a city-wide Curbside Recycling Program for single family residences, a Model civic Center Office Recycling Program and Business Recycling Outreach Project, and a pilot Home Composting Project, with plans to implement additional recycling programs for all sectors, industrial, commercial, multi-family, and yard waste on a Citywide basis; and WHEREAS, Senate Bill 1322 amends the Integrated Waste Management Act of 1989 by creating guidelines for establishment of Recycling Market Development Zones where incentives are offered to attract recycling businesses; and WHEREAS, the city generates an average of 340 tons per month of recyclables from its Curbside Recycling Program, as follows, 23 tons of green and amber glass; 44 tons of flint glass; 248 tons of newspapers; 1.4 tons of aluminum; 10 tons of tin/bimetal cans; 3 tons of Polyethylene Terephthalate (PET) bottles; 7 tons of High Density Polyethylene (HDPE); 3.6 tons of mixed plastic bottles (SPI Code 3-7) and has the potential of generating over 45,000 tons of recyclable materials each year when additional recycling programs are implemented City-wide in the next two-to-five years and over 70,000 tons of recyclable materials each year in the next five-to-ten years; and WHEREAS, the city recognizes the importance of creating regional recycling market opportunities to ensure consistent, reliable and innovative markets for the sale of secondary materials generated in the City; and WHEREAS, the City recognizes that the establishment of a Recycling Market Development Zone in the San Diego County region can provide recycling industries with incentives to locate in the i..' .-......-----..------.- region in order to create greater regional market availability for recyclable materials, as well as to stimulate economic growth in the region and create additional employment opportunities; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby support the joint application by the County of San Diego and the city of San Diego to the State of California for the creation of a Recycling Market Development Zone in the Otay Mesa area. BE IT FURTHER RESOLVED that the City of Chula Vista will not support the establishment of a trash-to-energy facility in the South Bay area, and will request that the County of San Diego and City of San Diego consider Chula vista representation on the Zone Coordinating Committee. Presented by Approved as to form by Athena Lee Bradley, Bruce M. Boogaard, City Conservation Coordinator Attorney c:\RS\nndz 8..7 ~._,._-_.....- RESOLUTION NO. (t.. '51 S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE COUNTY OF SAN DIEGO AND THE CITY OF SAN DIEGO JOINT APPLICATION TO ESTABLISH A RECYCLING MARKET DEVELOPMENT ZONE WHEREAS, the city of Chula vista has adopted a Preliminary Source Reduction and Recycling Element outlining the goals and objectives that will help the City meet the mandated 25 and 50 percent diversion required by State Assembly Bill 939; and WHEREAS, the city has adopted a mandatory recycling ordinance in order to comply with the County of San Diego's prohibition against disposal of recyclables in area landfills; and WHEREAS, the City recognizes the importance of recycling and reuse of secondary materials in order to conserve landfill space and resources; and WHEREAS, the City has established a city-wide Curbside Recycling Program for single family residences, a Model civic Center Office Recycling Program and Business Recycling Outreach Project, and a Pilot Home Composting Project, with plans to implement additional recycling programs for all sectors, industrial, commercial, multi-family, and yard waste on a citywide basis; and WHEREAS, Senate Bill 1322 amends the Integrated Waste Management Act of 1989 by creating guidelines for establishment of Recycling Market Development Zones where incentives are offered to attract recycling businesses; and WHEREAS, the city generates an average of 340 tons per month of recyclables from its Curbside Recycling Program, as follows, 23 tons of green and amber glass; 44 tons of flint glass; 248 tons of newspapers; 1.4 tons of aluminum; 10 tons of tin/bimetal cans; 3 tons of Polyethylene Terephthalate (PET) bottles; 7 tons of High Density Polyethylene (HDPE); 3.6 tons of mixed plastic bottles (SPI Code 3-7) and has the potential of generating over 45,000 tons of recyclable materials each year when additional recycling programs are implemented City-wide in the next two-to-five years and over 70,000 tons of recyclable materials each year in the next five-to-ten years; and WHEREAS, the City recognizes the importance of creating regional recycling market opportunities to ensure consistent, reliable and innovative markets for the sale of secondary materials generated in the City; and WHEREAS, the City recognizes that the establishment of a Recycling Market Development Zone in the San Diego County region can provide recycling industries with incentives to locate in the ¡"1 ....-...----.----.---. region in order to create greater regional market availability for recyclable materials, as well as to stimulate economic growth in the region and create additional employment opportunities; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby support the joint application by the county of San Diego and the City of San Diego to the State of California for the creation of a Recycling Market Development Zone in the Otay Mesa area. Presented by Athena Lee Bradley, Conservation Coordinator c:\RS\nndz ~..8' ----.--.-.-..------ --.-.-..."-.---, CITY COUNCIL AGENDA STATEMENT Item 'f Meeting Date 02/25192 ITEM TITLE: Resolution ¡ \"0; II.. Finding that Portions of Chula Vista are eligible for Enterprise Zone designation and Authorizing Staff to Pursue a State of California Nolan Enterprise Zone Designation SUBMITI'ED BY: Community Development Director C? . REVIEWED BY: City Manager~ ~~ (4/5ths Vote: Yes _ No X> BACKGROUND: In FY 1991-92 the Department of Commerce will designate five new Enterprise Zones as the final round of competition under the Nolan Enterprise Zone legislation. There are currently ten zones throughout the State and ten additional zones are conditionally approved, for an ultimate total of 25. The selection of the five new zones will be on a Statewide competitive basis. An Enterprise Zone is designed to spur economic growth and job creation and retention by providing incentives for existing businesses to expand and new businesses to locate within the zone's geographic boundaries. Incentives include significant State tax benefits and local assistance with permit processing, job placement and development fees. Pursuit of the Enterprise Zone designation supports the City Council's Economic Development Plan which is designed to "promote a strong local economy offering employment and business opportunities" and which includes six broad goals, among which are to: 1) "develop a comprehensive marketing program to. attract...business and industry..." and, 2) "develop a proactive business assistance program to encourage business retention and expansion." Specific objectives adopted by Council which relate directly to the proposed Enterprise Zone application are highlighted on Exhibit A. Additionally, the City;s Economic Development Commission has identified eight key areas for immediate attention. Three of these are directly supported by the proposed Enterprise Zone application, including: 1) retention of manufacturers, 2) streamlining the permit process and, 3) joint marketing efforts. RECOMMENDATION: That the City Council approve the resolution authorizing staff to pursue a State of California Enterprise Zone designation. BOARDS/COMMISSIONS RECOMMENDATION: The City's Economic Development Commission was briefed on February 5 regarding staff's intent to pursue an Enterprise Zone application and was unanimously in support (no formal vote was taken). G\..\ . ....---. Item q Meeting Date 02/25/92 - Page 2 DISCUSSION: Existing Zones In 1984, the Nolan legislation authorized 25 Enterprise Zones to be designated via a Statewide competitive process. To date, 20 have been designated; the third round of applications provides for the final five "slots." The ten existing zones are Eureka, Yuba City/Marysville, Fresno, Porterville, San Jose, Los Angeles - Pacoima, Los Angeles - Central City, Calexico, San Diego and Agua Mansa (Riverside/San Bernardino counties). Conditionally approved zones (second round) are: Altadena!Pasadena, Coachella Valley, Delano, Long Beach, Merced/Atwater, Oroville, Richmond, San Diego, San Francisco and Shasta Metro (Shasta County). Zone Benefits Businesses within an Enterprise Zone can take advantage of special State and local incentives. State incentives include: · Tax credits for sales and use taxes paid on machinery purchases. · Tax credits for hiring qualified employees. · Interest deductions for lenders on loans to firms within the areas. · Fifteen year net operating loss carry-forward. · Accelerated expensing deduction. · Priority for various State programs. Local incentives that applicants are asked to provide include but are not limited to: · Assistance in employee hiring. · Expedited permit processing. · Waivers or reductions of local fees. The City's Application proposes to provide incentive programs covering the three items above; these are discussed in the attached Executive Summary and later in this report. Eli~ibility Criteria! Application Process In order to apply, the local government must have contiguous census tracts with an aggregate population of at least 2,500 and each of which meet at least three of the following criteria: · 1967-79 net increase in median family income $8,427 or less. · 1980 average unemployment rate 5.46% or more. '~-1 -----+-- Item q Meeting Date 02/25/92 - Page 3 · 1980 percentage of population below poverty level 12.4% or more. · At least 70% of households must have income below 80% of median county household income in 1980. In addition to these eligible census tracts, the zone may include a contiguous commercial area and an industrial area where eligible area residents are expected to seek employment. The proposed Chula Vista Enterprise Zone includes virtually all of the City's redevelopment project areas with very limited exceptions. (See map, Exhibit B). In addition, the areas along Third Avenue (from I Street to Naples), along Broadway (from D Street essentially to the southern City limit) and Otay Rio Business park are included with the Enterprise Zone. The application process entails two phases: Preliminary Application (deadline - March 2, 1992) and Final Application. Successful preliminary applicants will be asked to submit final applications from which the five zones will be selected. The "heart" of the Preliminary Application is the "Economic Development Plan", which contains six sections: · Marketing Plan (250 points) · Available Property and Businesses (200 points) · Job Development (175 points) · Planning and Local Incentives (125 points) · Financing Programs (100 points) · Unemployment and Area Income Levels (100 points) Finalists will be selected within seven months from the initial March 2 deadline. If the City is selected as a finalist, an EIR will need to be prepared. Chula Vista Preliminary ADl'lication Highlights and Policy Issues An Executive Summary of the City's Preliminary Application is attached as Exhibit C for Council's review and consideration. The Preliminary Application in its entirety is being finalized and will be submitted to and State on March 2, 1992. Policy related issues are highlighted below and discussed further in the Executive Summary. a. Selection Criteria: Enterprise Zone application guidelines are provided by the State Department of Commerce. Based upon these written guidelines as well as discussions with State staff, existing Enterprise Zone Coordinators and input from other agencies participating in Enterprise Zone programs, staff has attempted to identify the elements of a successful application. Among these are: 1) the '1-3 .">-,_.~. Item ~ Meeting Date 02/25/92 - Page 4 City's economic development track record in terms of business assistance, retention and recruitment, 2) the extent of the City's past, present and proposed coordination with other economic development agencies and resources (at the local, regional and State levels), 3) the City's commitment to staffing, management and funding of the Enterprise Zone program, 4) the commitment of outside organizations to cooperate with and support the City's Enterprise Zone programs and efforts, 5) the existence of a meaningful marketing plan (retention and recruitment) and job development plan (placement and training) and the ability of the City to perfonn immediately if selected, 6) the City's commitment to ensuring streamlined processing of Enterprise Zone businesses, 7) the City's commitment to financial incentive programs, specifically including reduced development fees, and 8) the extent of available, improved, vacant industrial and commercial property and of available commercial and industrial space. Finally, the State considers the zone's demographic characteristics in terms of employment and income criteria (per 1980 census data). It is important to emphasize the critical nature of certain City commitments to successful application rankings (i.e., points within the six application sections discussed above). These include a commitment to: 1. Adequate staffing and funding of the Enterprise Zone program (and therefore, ability to perform). 2. Specific fast-tracking policy for Enterprise Zone businesses. 3. Specific development fee, license fee and permit fee reductions for Enterprise Zone businesses. These issues are addressed in the application and are highlighted below. b. Policy Issues: The key policy issues raised by the proposed Enterprise Zone application include the following: 1. EnteI:Prise Zone Staffing and Management Because of the comprehensive and full-time nature of Enterprise Zone activities, the application proposes the designation of an Enterprise Zone Coordinator and a Job Development Specialist. The Enterprise Zone Coordinator's role includes coordinating three multi-faceted, interjurisdictional teams: 1) Marketing Team, coordinating Business Assistance, Retention, Recruitment (see Section III A of the Executive Summary); 2) Job Development Team, coordinating job training and placement for low-income, unemployed and underemployed workers and job matching between businesses and employees (see Section III C); and, 3) Development Team, coordinating fast-tracking, trouble-shooting and preapplication meetings (see Section III D). Q·4 "-------"" . ----.--. Item -.L Meeting Date 02/25/92 - Page 5 As explained in the Executive Summary, the term "Marketing", as used here by the State's application guidelines, refers to all Enterprise Zone business retention and recruitment efforts, rather than to merely advertising and promotional activities. Therefore, the Enterprise Zone Coordinator's coordination of the marketing team efforts range from business target analysis to attendance at trade shows; from targeted mailings to on-site visitations; from business surveys to business seminars; from business prospect response related to site selection assistance and financial incentives, to establishing and administering financial assistance programs. Also explained in the Executive Summary are the Enterprise Zone Coordinator's activities associated with the Job Development and Development Planning and Processing Teams. As Development Team leader, the Enterprise Zone Coordinator will hold preapplication meetings to "scope" issues and potential problem areas up front and will facilitateltrouble-shoot processing as needed. The proposed Job Development Specialist will exclusively coordinate job training and placement linkages between business and Job Development Agencies such as the Private Industry Council, Employment Development Department and Southwestern College. This specialist will likely be contracted from the Private Industry Council to optimize its effectiveness and will be physically located in the Enterprise Zone aréa and work with businesses in the field on a daily basis. 2. Fast-tracking The application proposes defined timeframes within which designated development reviews would take place for eligible Enterprise Zone businesses, i.e., those with ten or more employees and 10,000+ square feet of space (see Section III D). The Enterprise Zone Coordinator will be responsible for refining and monitoring this system. 3. Fee Reductions The application proposes a fee reduction of 10% of designated processing and permit fees for eligible Enterprise Zone businesses. (See Section III D.) FISCAL IMPACT: The proposed Enterprise Zone program would offer significant State tax benefits and local planning and financial benefits as incentives for businesses to expand or locate within the City's Enterprise Zone area. The intent is to stimulate private investment, to retain existing jobs and businesses, and to generate more jobs and higher local tax revenues. The dollar impact of these incentives is not determinable at this time. Costs to the City are based upon staffing and development fee reductions. ~·S .....---..- Item q Meeting Date 02/25/92 Page 6 Should the City be invited to submit a Final Application (notice anticipated in May 1992) budget recommendations would be brought forward to Council at that time. Budget items to be considered include: 1) the recommended Enterprise Zone Coordinator position which would be budgeted for Fiscal Year 1992-93 at a cost of approximately $50,000 from Redevelopment funds; 2) the recommended Job Development Specialist as a contractual employee at a cost of $20,000-$35,000 from CDBG funds. The Enterprise Zone Coordinator position would be filled only in the event that the City's Final Application is approved (notice anticipated in January 1993). The fee reduction program is roughly estimated to result in a maximum $69,000 revenue reduction, based upon the affected fees as delineated in the Executive Summary and their City- wide Fiscal Year 1993 projections, and upon the limited size of the proposed zone and the restricted nature of eligible businesses. Attachments: Exhibit A - Economic Development Plan Exhibit B - Enterprise Zone Map NO r seA~.v EI) Exhibit C - Preliminary Application Executive Summary Exhibit D - Enterprise Zone Teams Organizational Chart [a:\ENTZONE.113]Diak .5 - Dye q.r. .-.- RESOLUTION IlP SIlo ,. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, FINDING THAT PORTIONS OF CHULA VISTA ARE ELIGIBLE FOR ENTERPRISE ZONE DESIGNATION AND AUTHORIZING THE CITY STAFF TO PURSUE A STATE OF CALIFORNIA NOLAN ENTERPRISE ZONE DESIGNATION. WHEREAS, the State of California Nolan Enterprise Zone Program has been established to promote business development and the creation of new jobs in Enterprise. Zones which are in, adjacent to, or related by labor market linkages to an "eligible area"; and j WHEREAS, the City of Chula Vista, based on information provided by the State of California, has concluded that portions of the City constitute an "eligible area"; and WHEREAS, the City of Chula Vista desires that the "eligible area" form the core of an Application Area for designation as an Enterprise Zone under State of California guidelines; and WHEREAS, an Initial Study of Environmental Impact has been initiated and a Notice of Preparation of an Environmental Impact Report has been prepared; NOW THEREFORE, BE IT RESOLVED, by the City Councif of the City of Chula Vista, that it hereby finds, states and determines as follows: 1. That the Application Area is a depressed area and that the designation of the Application Area as an Enterprise Zone is necessary in order to attract private sector investment to the Application Area; 2. That the City Manager is hereby authorized to submit an application to the State of California Department of Commerce for designation of the Application Area as an Enterprise Zone and to submit all related documentation to said State agency, including a preliminary and final application and supporting documentation; and 3. That the City of Chula Vista agrees to complete all actions stated within said preliminary and final applications which apply to its jurisdiction should the final application be awarded conditional designation. Submitted By: ?l~rof . . ~ Chris Salomone, Bruce M. Boogaard Community Development Director / City Attorney C:::·1 q-8 .... . "..--~_.- EXHIBIT A .. ECONOMIC DEVELOPMENT PLAN ~~f?~ ~ r- - - - - - - - - - - - - - - - - - -- CllY OF CHUIA VISTA Adopted August 28, 1991 C\-~ . ..----.-- INTRODUCTION ... In July, 1990, the Chula Vista City Council created the Chula Vista Economic Development Commission to act as an advisory body regarding economic development issues and opportunities. The group of nine individuals, representing a broad range of expertise and community interest dedicated itself to preparing an Economic Development Plan for the city _ a blueprint of goals and objectives designed to promote local employment and business opportunities and an enhanced City tax base. On August 28, 1991, the City Council adopted this plan and in doing so reinforced its commitment to making Chula Vista a good place to do business and to ensuring a vibrant, healthy local economy for the benefit of all its citizens. CHULA VISTA CITY COUNCIL TIM NADER, MAYOR COUNCILMEMBERS: LEONARD MOORE DAVID MALCOLM SHIRLEY GRASSER HORTON JERRY RINDONE CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION DON READ, CHAIRMAN COMMISSION MEMBERS: TY COMPTON PATIY DAVIS WILliAM TUCHSCHER JIM LOBUE GONZALO LOPEZ PENNY ALLEN MIKE MASLAK ALBERT GERBER STAFF SUPPORT: CHERYL L. DYE ECONOMIC DEVELOPMENT MANAGER ~ -It) 0"0__.._ CITY OF CHULA VISTA ECONOMIC DEVELOPMENT PLAN MISSION STATEMENT . TO ENHANCE THE QUALITY OF LIFE IN CHULA VISTA THROUGH THE PROMOTION OF A STRONG LOCAL ECONOMY OFFERING EMPLOYMENT AND BUSINESS OPPORTUNITIES, AND A HEALTHY, DIVERSIFIED TAX BASE VITAL TO SUPPORTING CITY SERVICES. GOALS I. Identify the existing economic base and target new business and industry. II. Develop land use and infrastructure strategies to support economic development goals. @ Develop a comprehensive marketing and public relations program to attract job and revenue generating business and industry, and to enhance communication with existing business and citizens. e Develop a proactive business assistance program to encourage business retention, growth and expansion. V. Promote tourism and development of cultural, recreational, and educational resources. VI. Encourage the provision of broad ranging housing opportunities. LEGEND: S = Short-tean (1 year) 1\1 = Mid-term (3 years) L = Long-term (5 years) o = On-going . = Item of high sensitivity to be considered in pursuing goal. GOAL I: IDENTIFY THE EXISTING ECONOMIC BASE AND TARGET NEW BUSINESS AND INDUSTRY Obiective 1: Conduct a citywide commercial and industóalland inventory to identify vacant, under utilized and available commercial and industrial properties and facilities. Obiective 2: Conduct a Citywide commercial and industrial market analysis to identify investment opportunities by market segment. ~-n .....-. Obiective 3: CondJ.1ct a Target Industry Analysis to identify desirable and likely business prospeêt categories and specific companies for personalized recruitment efforts. Obiective 4: Conduct a labor pool analysis to identify local occupations, skills, and deficiencies. GOAL(: DEVELOP LAND USE AND INFRASTRUCTURE STRATEGIES TO SUPPORT ECONOMIC DEVELOPMENT GOALS Objective 1: Encourage high quality retail, restaurant and resort developments that will . enhance the City's image and promote tourist attraction. Obiective 2: Encourage the development of transportation modes to support commercial and industrial development. Obiective 3: Encourage development of business parks and facilities for lease or sale. Obiective 4: Encourage master planning and proactive approaches by the City, other public agencies, and utility companies to ensure infrastructure for business and industry. ' Obiective 5: Implement the City's existing five Redevelopment Plans. Obiective 6: Establish a plan to· promote a team approach among the Council, Redevelopment Agency, Management, Departments, and Commissions concerning general economic development and land use goals, policies and procedures. Obiective 7: Evaluate and pursue, as appropriate, the preparation of a strategic plan· for targeted areas of the City (e.g., Broadway and Palomar corridors, the Olympic Training Center area, Southwest Redevelopment Project Area). Obiective 8: Evaluate and pursue as appropriate, commercial and/or industrial projects within master planned communities. . ~.\7... -..-. GOAL III: DEVELOP A COMPREHENSIVE MARKETING AND PUBLIC -RELATIONS PROGMM TO ATTRACT AND RETAIN JOB -AND REVENUE GENERATING BUSINESS AND INDUSTRY, AND TO ENHANCE COMMUNICATION WITH EXISTING BUSINESS AND CITIZENS Obiective4) Creàte and maintain a comprehensive market-related database (e.g. labor pool, land, housing costs, demographics, community assets, building pennits, standardized site and facility data, etc_). ObiectiveØ Develop and update professional marketing materials including advertisements, promotional brochures, City exhibit, media kits, videos, and maps, incorporating a promotional theme and logo in all such materials. Obiective(D Develop a prospect response system including reception team, tour and materials. Obiective€) Develop an aggressive public relations plan including S"M advertising and editorial placement, participation in conferences and trade shows, media campaign, direct mail and special events. ObiectiveG) Encourage joint marketing efforts with outside groups such as real estate brokers, developers, utilities, and other economic development agencies (e.g. South County Economic Development Commission, California Association of Local Development, Department of Commerce, Chula Vista Chamber of Commerce). Obiective~ Increaselocal and regional business and citizen awareness of economic development goals and activities. DbiectiveCi) Pursue specific marketing programs based upon target industry analyses. . GOAL IV: DEVELOP A PROACTIVE BUSINESS ASSISTANCE PROGRAM TO ENCOURAGE BUSINESS RETENTION, GROWTH AND EXPANSION Obiective(j) Enhance communication-with the local business community through local business and professional organizatioos, the media, special events and direct contact with local executives. C\..\~ u.__. ._", · Objective 2: Utilize redevelopment techniques such as acquiring, ~ consolidating and preparing sites for commercial and industrial development, and promoting agreements with property owners and developers to facilitate . economic development activities. Objectiv~ Idel!tify local employers' personnel recruitment and retention issues. Obiectivee;) Provide a "clearinghouse" for small business technical assistance such as financial services, export development and marketing, and coordinate with outside business assistance organizations, including the Chamber of Commerce, Certified Development Corporations and the Southwestern Community College Small Business Assistance Center. Obiectiv~ Coordinate with the local Certified Development Corporation and lenders to promote the availability of Small Business Administration loans for local business. Obiective 6: Conduct site-specific market and feasibility studies as appropriate to facilitate desired development. Obiective 7: Prepare a developers' guidebook to enhance understanding of the entitlement process for applicants and staff. Obiective 8: Pursue development of .a Community Reinvestment Act strategy to encourage lenders participation in economic development activities. ObiectiveØ Coordinate with local employment assistance organizations and the business community to address impacts of major employer closinglIayoffs. Obiection ø Coordinate with local and regional job training organizations to provide recruitment, placement and training assistance to both business prospects and existing employers. Obiective(fi) Evaluate and pursue, as appropriate, the development of a business development grant or loan program using Redevelopment Agency, Community Development Block Grant funds, local bank consortium, and/or other revenue sources. Obiective(lD Assess pennit processing policies and identify streamlining recommendations to include a defined fast tracking policy for priority economic development projects. q~l~ .. . ...,,-_.." Ob'ective 1 Evalu¡¡,te and pursue, as' appropriate, the creation of a Business eve10pment Facilitator/Ombudsman. Obiective G Encourage the development and optimum use of job training programs by agencies such as educational institutions, the Private Industry Council and the staf7 Employment Development DePartment. Obiective 15: Evaluate and pursue, as appropriate, the development of a business "incubator" program. GOAL V: PROMOTE TOURISM AND THE DEVELOPMENT OF CULTURAL, EDUCATIONAL, AND RECREATIONAL AMENITIES Obiective I: Identify and promote Chula Vista's natural assets. Obiective 2: Promote and support a yearly tourist and/or cultural event. Obiective 3: Redevelop Bayfront with tourist recreational orientation. Obiective 4: Promote, as appropriate, tourist oriented development to complement the Olympic Training Center. Obiective 5: Pursue the attraction of a four year university. Obiective 6: Encourage, as appropriate, development of major tourist attractions and the inclusion of tourist oriented development within master planned areas. Obiective 7: Evaluate, as appropriate, the feasibility of developing of a multipurpose cultural center. GOAL VI: ENCOURAGE THE PROVISION OF BROAD RANGING HOUSING OPPORTUNITIES Obiective 1: Pursue land use policies designed to achieve a jobs/housing balance and to meet affordable housing goals in accordance with the City's Housing Element. Obiective 2: Encourage housing opportunities for all income levels, ages, , and household sizes in accordance. with the City's Housing Element. 't-\5 -..,-.....----..---,- · Obiective 3: Encourage quality, well-planned residential developments in accordance with the City's Housing Element. Obiective 4: Encourage and facilitate public/private partnerships wlúch promotes affordable housing in accordance with the City's Housing Element. Obiective 5: Coordinate with other public and private organizations to pursue local private lender investment in affordable housing pursuant to the Community Reinvestment Act. - [Col WP51 IECO-DEVIEDCPLAN2. TXT] q ~ I'" ......-.--._. Ærrj < ; ~J~ : EXH.I \ " L ~- i I i \_.~-,~__l ..\ ,,~ , ...... ~-= ~}n , . ----- EXHIBIT C '!:. . PRELIMINARY APPLICATION CALIFORNIA ENTERPRISE ZONE SUBMITIm TO THE DEPARTMENT OF COMMERCE STATE OF CALIFORNIA EXECUTIVE SUMMARY February 1992 ~- \<6 .._-,,_. Introduction The following summarizes the key components of the City of Chula Vista's Preliminary Application to .he State of California for designation of a State Enterprise Zone. An overview is provided of the three appl ication sections: I. "General information", II. "Area Description", and III. "Economic Development Plan". Specifically highlighted are the proposed programs, policies and procedures pertaining to the six components of the City's Economic Development Plan (Section III): A) Marketing Plan, B) Available property and business space, C} Job development, D} Planning and local incentives, E} Financing programs, and F} Unemployment & Area Income Levels. Enterprise Zone application guidelines are provided by the State Department of Commerce. Based upon these written guidel ines as well as discussions with State staff, existing Enterprise Zone Coordinators and input from other . agencies participating in Enterprise Zone programs, staff has attempted to identify the elements of a successful application. Among these are: 1) the city's economic development track record in terms of business assistance, retention and recruitment, 2} the extent of the city's past, present and proposed coordination with other economic development agencies and resources (at the local, regional and state levels), 3} the city's commitment to staffing, management and funding of the Enterprise Zone program, 4} the commitment of outside organizations to cooperate with and support the City's Enterprise Zone programs and efforts, 5} the existence of a meaningful marketing plan (retention and recruitment) and job development plan (placement and training) and the ability of the city to perform, immediately upon selection as an Enterprise Zone, 6) the city's commitment to ensuring streamlined processing of Enterprise Zone businesses, 7} the city's commitment to financial incentive programs, specifically including reduced development fees, and 8} the extent of available,' improved, vacant industrial and commercial property and of available commercial and industrial space. Fi na lly, the State considers the zone's demographic characteri sti cs in terms of employment and income criteria. The application, as outlined belo~, attempts to optimize the City's competitive position based on these criteria. SECTION I - GENERAL INFORMATION General City information is provided here as well as the Council-adopted resolution. SECTION II - APPLICATION AREA DESCRIPTION This section identifies verbally and with maps the area the city has determined to be within the Enterprise Zone boundaries. It identifies the el igible census tracts and provides a written boundary description of the adjacent (contiguous) commercial area and of the adjacent industrial area. (NOTE: Each must contain at least 51% commercial and industrial zoned property, respectively.) WPC 4912H - 1 ~. \ ~ SECTION III - ECONOMIC DEVELOPMENT PLAN A. Marketinq Plan " This section describes the city's economic development "marketing" (business outreach and assistance) activities over the past three years, including those of the Redevelopment Agency. To convey the eXisting infrastructure of economic development efforts at the local and regional levels, the roles of the following agencies are discussed: the City's Community Development Department and Redevelopment Agency, the Chula Vista Economic Development Commission, the South County Economic Development Council, the San Diego Economic Development Counc il , the Southwestern College Sma 11 Business Development Center (SBDC) and International Trade Center, the Chula Vista Chamber of Commerce, the Chul a Vi sta Information Center, the Downtown Business Association, and the Chula Vista Town Manager, as well as the San Diego Convention and Vi sitors Authority. Additi.onally, local realtors with whom the City's Community Development oOepartment networks and coordinates are identified. The application discusses each agency's specific efforts to improve the 1 oca 1 economy, thei r marketing budgets, staffing, and areas of current and future interface and cooperat i on wi th the City. Most importantly, the appl ication di scusses the Enterpri se Zone Coordinator's role in pursuing the City's Marketing Pl an and in coordinating with all of the resources identified to successfully recruit <lnd retain Chula Vista business. Provided below are some limited examples of marketing efforts by each agency which are mutually supportive. A letter from each agency is included which expresses their support for the City's application. 1) Chula Vista Economic Development Commission · Development of City Economic Development Plan · Permit Processing Streamlining Subcommittee · Community Reinvestment Act Subcommittee · North America Free Trade Agreement Subcommittee · Joint Marketing Subcommittee · International Airport Subcommittee 2) South Count v Economic Development Council · Southbay Economic Development Summit 1991 & 1992 · Cooperative Advertising Plan · Trade show representation 3) San DieQo Economic Development Commission · Maquiladora promotion · Minority business promotion · Biotechnical industry promotion , University Connect Program · Pacific Rim missions · Venture capital program ~pc 4912H - 2 q, , '.t> .---.--.. 4) Southwestern Colleqe SBDC and International Trade Center · Small business planning and management consultation Small busine~s marketing services · Small business customized training · International trade services · Financial services · Technical assistance seminars and conferences 5) Chula Vista Chamber of Commerce · Business prospect tours · Local manufacturers and maquiladora directory · Chula Vista demographic base · Business round tables and networking sessions · Business trade show · Manufacturers council 6) Chula Vista Town Manaqer · Coordination of downtown promotional program including cooperative advertising, speci a 1 events, and business recruitment 7) Downtown Business Association · Cooperative advertising · Promotional events, including: Downtown Starlight Yule Parade, Third Avenue festival · Technical assistance seminars 8) California Deoartment of Commerce · Proposed Regional Marketing Program · Regional CALEDjDepartment of Commerce Association · San Diego Office of Business Development 9) City of Chula Vista Economic Develooment In terms of the City's marketing activities, the application discusses the Council's adopted Economic Development Marketing Plan which provides for: 1) Research & production of Redevelopment Newsletter 2) Research & production of Economic Development Brochure 3) Production of promotional video 4) Design & production of promotional trade show exhibit 5) Production of business outreach and image advertising 6) Development of advertising placement schedule 7) Development of trade show itinerary & trade show representation 8) Citywide market analysis 9) Target industry analysis 10) Development of property inventory 11) Development~ maintenance of market-related data base IIPC 4912H - 3 q.¡} ._.._.._-_.~ Additionally, the City directly supports a broad range of special events designed to enhance the City's image and strengthen the local economy through our Public Information Office and other City departments. Examples include the jlinterfest, Harbor Days, Bayfront 10K Race, Tall Ship Cal ifornian, San Diegan Advertising, and Downtown Business Association promotion. The City contributes to and/or contracts with the Chula Vista Chamber, the South County Economic Development Council, the San Diego Economic Development Conunission, and the San Diego Convention and Visitors Authority .(CONVIS) for local, regional, national and international marketing services. The City's application proposes to estab 1 ish a MARKETING TEAM (Le. , business recruitment/retention team) comprised of representatives of the agencies described above, to be coordinated by the Enterpri se Zone Coordinator. Additional members will i nc 1 ude .representat i ves from the City's own development departments, Redevelopment Agency staff, the Private Industry Council, real estate brokers and our Public Information Office. (The specific role of the Private Industry Council is discussed under Section III, "Job Development", below.) Critical elements of the team will be the coordinated outreach to business and most significantly the effective and efficient response to business needs. For new business, this entail s identification of properties and space availability, of market-related data, facilitating predevelopment and development-related regulatory reviews and procedures, as well as linkage with financial assistance and job development assistance. Each of these roles is critical in tenns of program effectiveness. For existing business, technical assistance, loans for expansion and upgrades, job placement and assistance with expansion-related regulations are all essential program components. B. Available Propertv and Business The following information is provided under this section (as specifically requested by the State): 1) Total number of existing businesses within the Enterprise Zone. 2) Existing square feet of vacant conunercial and industrial buildings by address or location. 3) Existing vacant land zoned commercial and industrial. 4) Identification of vacant properties with "adjacent public utilities" This information is currently being final ized based upon data obtained . from a local real estate brokerage, in-house departments, and field work for inclusion in the Preliminary Application. It will be rated by the . State based upon the "readiness" of the City to offer improved sites and/or business space. C. Job Development This section di scusses . the City's Job Deve 1 opmEmt Plan and our "readiness" to facil itate job intake, placement and training services for both existing businesses and prospective businesses. The pl an also IIPC 4912H - 4 q-~2. -" ..------ addresses the City's ab il ity to assist unemployed, under-employed and displaced workers in prèparing for and/or finding employment. The City proposes to estab 1 ish a JOB DEVELOPMENT TEAM, including representatives from the Private In~stry Council, County Social Services (the GAIN program), Southwestern College, the local State Employment Development Department (IDD). and Private Industry Council contractors (who provide job development services). The Job Development Team will be coordinated by the City's Enterprise Zone Coordinator who will be assisted by a contracted Job Development Specialist. The key roles of the team's players are as follows: I) Private Industrv Council (PIC I The PIC is the local administrator of federal Job Training Partnership Act (JTPA) funds, the major funding source for local job development programs ($18 million in San Diego County). The PIC identifies regional conununity needs and allocates funds to over 40 contractors such as Southwestern College and private entities to provide the direct services (such as intake, counsel ing, interview ski 11 s training, OTJ training, job ski 11 s assessments and placement). The PIC currently directly provides two programs: I) the Career Center (through which Rohr's Re-employment Center for laid-off workers operates in conjunction with Southwestern College and EDD), and 2) the Youth Opportunities program in the Barrio Logan Enterprise Zone. 2) State EnD EDD handles c 1 i ent intake and screening and is the key agency responsible for job placement through its job banking program. EDD certifies clients eligible for the federal Targeted Jobs Tax Credit (TJTC) and identifies JTPA eligible clients. EDD refers clients to job training programs and responds to business recruitment needs. 3) GAIN This program provides job development services for employable clients on county welfare. 4) MMC MAAC is a Chula Vista based social service provider which offers a variety of job training programs under contract to the PIC. It is listed here as an example of the many private job training and placement contractors. The City -proposes to contract for a Job Development Specialist (potentially with the PIC) to work in the field on a one-on-one basis with businesses and job development providers on a daily basis. The Job Development Specialist will be located within the City's Enterprise Zone and will be responsible for promoting the.. federal TJTC and State Enterprise Zone tax benefits and JTPA subsidies to local business and for 1 inking these businesses with the appropriate resources. This program has been very successful for the City of San Diego's Enterprise Zone, which is a model for Enterprise Zone success (having created an estimated 1,500 Enterprise Zone jobs). YPC 4912H - 5 ~ ''¡3 .__..._n__. D. PlanninQ and Local Incentives In order to insure that incentives are locally available for businesses to locate and expand within the Enterprise Zone, the State specifically requests that the City provide reduced fees to these businesses, "including development fees, 1 icense fees, and permit fees". Also requested is a plan to "reduce administrative processing time required for plan reviews and permits", as well as an indication of other local planning incentives. This section of the City's application proposes that the Enterprise Zone Coordinator coordinate a City DEVELOPMENT TEAM consisting of the City's Planning Department Director, City Engineer, Public Works Department Director, Building and Housing Department Director, and Redevelopment Agency Executive Director/designee. The Enterprise Zone Coordinator will facilitate a coordinated approach to fast-tracking Enterprise Zone businesses and serve as a general ombudsman to provide business assistance through the City's processing system as needed. The Enterprise Zone Coordinator will schedule pre-application "scoping" meetings for major projects to identify regulatory requirements and potential problem areas upfront and to coordinate efforts to resolve these problems to the extent possible. The Enterpri se Zone Coordi nator will coordinate efforts to prepare user friendly development-related materials to help applicants unders tand City requirements and wi 11 be responsible for promoting specific development incentives, including: 1) Fee Reductions Businesses eligible for fee reductions will be those that have a minimum of 10 employees and a minimum of 10,000 square feet (either currently or as a result of an expansion or new facil ity). The program will be based upon a 10% reduction of all development process i ng fees and permi ts, exc 1 ud i ng development impact fees and assessment fees. Impacted fees would include: · Business license · Buil di ng permits · Plumbing permits · Electrical permits · Zoning · Subdivision · Subdivision traffic sign · Plan checking · Environmental assessment · Environmental impact reports 2) Fast-tracking El igible Enterprise Zone businesses (those with 10+ employees and 10,000+ square feet) will be guaranteed maximum processing times as delineated below. . These timeframes will be insured subject to the applicant's meeting application requirements and, of course, subject to all state, federal and local laws and .regulations, including the California Environmental Quality Act (CEQA). IIPC 4912H - 6 q.6.~ .. u________. . The proposed Enterprise Zone processing timeframes are: . Planninq Current Fast-Track ... DRC 8 weeks 6 weeks Initial Study 12 weeks 10 weeks Zone Change 120 days 90 days CUP/Variance 90 days 60 days Tentative Map 120 days 90 days Enqineerinq Grading 3 months 2 months Improvement Plans 3 months 2 months Final Maps 9-12 months 6-9 months Parcel Maps 4-6 months 2-4 months Buildinq & Housinq Commercial/Industrial Permits 8 weeks 8 weeks Commercial/Industrial IT's 6 weeks 6 weeks E. Financinq Proqrams Per the application gUidelines, this section provides a deta il ed description of the current and proposed financing programs that will be targeted to businesses within the Enterprise Zone area; a 1 i st of all organizations and firms that will provide financial assistance and an explanation of the types of services each offers; a detail ed record of companies served over the preceding 3 years; identification of all lenders interested in making business loans to Enterprise Zone companies and presently making SBA loans, identification of loans available from the City, and other financing programs available. An overview of the key items discussed is provided below: I) Redevelopment Aqencv - Tvpes of Assistance The proposed Enterprise Zone geographic boundaries very closely mirror the City's existing five Redevelopment Project areas in that virtually all of the City's Redevelopment areas are included within the zone. As a result, the City's redevelopment track record is summarized, including such projects as: · Downtown property acquisition and consol idation, and redevelopment via land write downs (18 acre Park Plaza). · Downtown streetscaping, lighting, and parking improvements. · Construction and expansion of South County Regional Center via $51 million in lease revenue bonds. · Regional mall expansion and renovation via C.O.P. financing. IIPe 4912H - 7 q.j..5 ..--..-.....-..---.........,- · Scripps Hospital expansion via condemnation of 8.5 acres of adjoining property. · Property acquisit"ion and resale/reuse for bayfront visitor serving commercial (e.g., Soup Exchange, El Torito, and Jake's Restaurant). · Master planning, processing and financial assistance for public improvements and fees relating to Rohr Industries' corporate campus development. · Ass i stance with master p 1 ann i ng, processing, land acquisition and assembly for $500 mill ion mixed use bayfront resort complex (assisted by Council-appointed Task Force). · Assistance in planning, land acquisition and predevelopment for proposed Chula Vista Auto Park (assisted by Council-appointed Task Force). · Relocation and construction of Youth Commun ity Center using redevelopment and pri vate developer funds (i n order to facil itate a commercial economic development project). 2) Tax-Exempt Financinq The City has assisted the business community with numerous municipal bonds, ranging from Industrial Development Bonds to Assessment Districts. Some examples include: a) Redevelopment Agency Tax Allocation Bonds · BayfrontjDowntown Refinancing Bond ($30 mill ion) to refinance 1979 and 1984 Bayfront/Downtown tax allocation bonds; funds used for Downtown public improvements and land acquisition, and for Bayfront predevelopment costs. b) Assessment District Bonds . · Six Assessment District bonds to finance improvements for the eastern territory developments ($60 million total) - Eastlake Master planned community, including business park ($44.3 million) - McMillin Master planned community, including business park ($15.728 million) · Proposed Otay Valley Road widening ($11 million) - Proposed subsidy to business property owners using redevelopment funds WPC 4912H - 8 q-ZJø ." ------ . c) Certificates of Participation . Chula Vista Center (regional mall) ($16 million total issue - $7.2 milliol]. to Chula Vista Center; $4 mi 11 ion to refinance Town Centre I parking garage; $1.3 mill ion to rehabilitate Police Department; $1.3 for Superior Court construction). d) Industrial Development Bonds · South Bay Ambulatory Service ($2.7 million) · Gold Coast Engineering ($3.875 million) · Days Inn ($4 million) · United Artists Movie Theatre ($2.5 million) · Marie Callendars ($1.2 million) e) Mortgage Revenue Bonds A total of $80 million issued f) Community Development Block Grant · The City currently receives $1.3 million annually in CDBG funds. Examples of current year CDBG funded activities whi ch woul d di rectly contri bute to Enterpri se Zone goal s include: 1. $200,000 annual budget for planning, economic development and admi ni strati on ; of this $50,000 for economic development 2. $48,000 grant to provide seed money for the Southbay Community Services Community Development Program which is developing a Youth Entrepreneur Training Program and Property Management Business Training Program. 3. $55,000 rent subsidy to Southbay Community Services Community Development Program 4. $50,000 grant to the HAAC Project for office acquisition 5. $4,500 grant to New Chance, a national pUblic/private demonstration project for educating, training and placing welfare mothers through the Sweetwater District Adult education Program. WPC 4912H - 9 C1-~1 .. .·____0._ Previous capital improvement projects supporting the Downtown and Southwestern economic development efforts (within the proposed zone) include: . 1) Norman Park Senior Center Renovation ($1.5 million) 2) New Library ($2.3 million - $8+ mill i on match from state) 3) Infrastructure Revolving Loan Fund for economic development projects g) Telegraph Canyon Road Flood Control Project . Benefi ts City's eastern expansion including Eastlake Business Park and Village Center using $5 million in funds from: General Fund, Gas Tax fund, CDBG, Residential Construction Tax and Redevelopment agency and $4 mill ion in federal Corps of Engineers funds. 3. Business Assistance Loan Fund The City's Business Assistance Loan Program was previously administered by the Town Centre Local Development Corporation (LOC) with a total loan pool of over $700,000 provided by the City of Chula Vista. Ten loans to Downtown commercial businesses were made for property renovat i on. The app 1 i cat i on proposes to util ize the $578,372 in reserved redevelopment funds to reacti vate a Revol vi ng Loan Fund (RLF) targeted to Enterpri se Zone businesses. The loans would be available' for business rehabil itation, land acquisition, and predeve 1 opment expenses for projects meet i ng redevelopment and Enterprise Zone goals, i.e. , job development and stimulation of private investment within the targeted areas. 4. Lendinq Institutions The application discusses the involvement of Chul a Vista's 1 oca 1 lenders in sma 11 business, minority and women-owned businesses lending, and in the federal Small Business Assistance (SBA) loan programs. Specifically, the tot a 1 SBA loans made in Chula Vista over the past 3 years are as follows: Year # Loans Total Amount SBA Amount 1989 13 $2.5 million $1.8 million 1990 22 6.7 million 5.6 million 1991 14 3.1 million . 2.8 mill ion Lenders making SBA loans in Chu 1 a Vista are identified in this section. ~pc 4912H - 10 q.¿.8 -_._.~----- Additionally, the City's Community Reinvestment Task Force, with representat i on from vi rtua lly all local lenders is discussed. This Task Force is currently identifying local credit needs and will be identifying partn.ership strategies. One such regi ona 1 strategy is underway: Chula Vista's Pacific Commerce Bank is participating in the new San Diego Small Bank Community Development Corporation (a multi-bank loan pool) which will be making small business loans up to $50,000. Chula Vista's First International Bank is noted for its emphasis on minority and women-owned business loans. Both 1 oca 1 independent banks have provided letters of support. Critical to the success of the Enterprise Zone program is the Enterprise Zone Coordinator's role in 1 inking existing and prospective businesses with appropriate financial assistance, This will range from fostering relationships with SEA lenders and following up on referrals to actively designing the City's new Revolving Loan Fund for commercial rehabilitation. It will entail a knowledge of all financial assistance tools and utilization of these in negotiating/structuring ass i stance as appropriate, or insuring that businesses are 1 inked with the appropriate contract for this purpose. F. UnemDlovment and Area Income Levels The application requires this 1980 data for the eligible census tracts (within the total proposed Enterprise Zone area). Chula Vista's eligible Census Tracts and the 1980 data are as follows: Census Tract % of UnemDlovment Per CaDita Income 123.02 16.7 $5,604 124.02 6.2 7,Ill 125 10.6 6,374 126 6.6 5,314 Chul a Vi sta has been advi sed that our Census Tract data wi 11 qual ify us to receive the maximum 100 points for this section. , ~pc 4912H - 11 'ì"7-" . ._"~_._.- ~ OJ<- U 0> OJ ~ OJ .µ .µ EXHIBIT 0 a. - c: c: Ul ~ - OJ OJ OJ au E u - U C>- .~ .~ .µ 0 > u Ul >,c: <- c: OJ 'µOJ OJ OJ " U .~ E >OJ U) 0 .~ c: C>- Q) U U > "0 o·~ >, <- E_ 4- .µ >, OJ EOJ .µ 4- .~ . <- U) 0> c: 0 Ul c: .µ U OJ OJ <- " Ul - 0 E.µ 0 E " '" c: >,c: .µ E '0 .~ <-Ul OOJ u 0 :E c: u OJUl -E '" U <I; ~ 0 'µOJ C>-.µ <- UJ VJ '" c: E<- .µ I- OJ OJ~ UJ", c: .µ >, 3:", C>- O I- '" .µ .c: " - OJ U Z > c: .µ ee "'0 UJ .~ " " u U :E <- 0 0 0 ~ >- a. U VJ -' a. 0 -' a. :E UJ .µ c: (J >, .5 u s... c: .µ '" OJ c: C>- O> Q) t!J « .5 0 <- .µ .µ 0 <- c: <- 0> c: .µ 0 OJ '" c: OJ U .µ E C>- O> .~ Ul E OJ '" '" E .µ C>- <- c: .µ OJ c: Ul <- 0 " .µ '" <- 0 .~ '" <- 0 Ul OJ '" '0_ D '0 C>- <J> OJ :r: .~ I- .c: C:OJ <- OJ -" Q) >- U "'> .µ 0 :E OJ OJ c: 0 <I; D <- c: oð '" c: - <- '0 OJ U UJ 0 .~ - 0 '" <lJ<lJ E I- 0> 3: 0> 0> C>- Q) c: c: c: " N c: 010::: 0 c: .~ u UJ .~ .c: 0 I- U <lJ .~ ~4--'---o Z c: .~ '0 Ul .µ roO <1J N UJ c: - >, - 4- .~ '" :E > :E '" .C> .µ .~ - " .~ :::> 0 <- N <- <lJ <lJ a. a. a. U ee C>- .~ >¡o Cl (/) 0 >, <- c: .µ .µ .~ -' .µ <lJ '" .~ u >, <- UJ .~ .µ 0> U<lJ .µ C>- >- U c: <- <- .~ <- UJ UJ 0 .~ c: <lJ 0 D :::> .µ E c: OJ E UJ - > 0 Ul .~ .~ U <- U .µ OJ c: " 0> " U --- '" 0 OJ .µ c: U c: X c: c: '" 0 UJ 0 <lJ :E .µ .~ .~ E c: c: .µ Ul .µ .µ 0 <lJ '" '" <- U .~ E <- .~ '" OJ .µ <- C>- o E C>- ." '" <lJ 0 C>- E <lJ 0 .~ U - <- 0 0 <- u .~ <lJ 0 U a. 0 ..... > U .µ '" 4- <lJ .µ c:.µ >, Ul 0 0 .µ c: <lJC: U <lJ <I; c: <lJ E<lJ c: U c: U <lJ E C>-E <lJ <- Ul 0 .~ E C>- O 0.. 0> <lJ '" .~ E C>- O _ 0 <I; E <lJ .µ 0 0 Ul - <lJ_ E c: '" c: - .µ <lJ ><lJ .µ 0 .~ E 0 <lJ c: > <lJ> c: U Ul <- <- 0 > <lJ <lJ O<lJ <lJ :::> <lJ 0 UJ <lJ 0> 0 0 E 4- ee 0> 4- a <I; >, 0.. 0 '" c: >, u .µ 0 0 c: c: ~ .µ 0 <lJ .~ ............ - <- 3: '" c: ~ .µ E c:E OJ <lJ 0 :E 0 :::> E '" 0 :::>0 > .C> .µ .~ 0 0 .µ :E c: Ec: <lJ E c: c: - U c: U1 "" 0 Eo '0 '" 3: 3: .C> 0 UJ UJ 0 00 OJ .c: 0 0 " .c: 0 I- UJ UUJ 0:: U a I- a. .µ UJ - :::> '" "" >- >- >- >- >- >- >- 0 0 <lJ Z U U U U U U U VJ U) 0:: ~ I- UJ "" q,.,,30 0:: <I; :E ..".-.----..- COUNCIL AGENDA STATEMENT Item I D Meeting Date 2-25-92 ITEM TITLE: Resolution 11:>; '1 Approving Contract for Services for Environmental Consultant on EastLake/Kaiser Hospital Project SUBMITTED BY: Director of PlanningJ fJf, lor f!.A. L REVIEWED BY: City Manager H (4/5ths Vote: Yes__No~) t,--' The EastLake Development Company has filed various applications with the City of Chul a Vi sta in conjunction with re-pl anni ng the EastLake Vi 11 age Center. These applications have been i nit i ated as a result of the Kaiser Medical Center which is proposed to be located within the north portion of the Village Center. The applicant has requested the City's cooperation in adopting a fast track process schedul e for and, accordingly, the Planni ng Department is in need of highly qualified environmental consultant assistance to coordinate the Environmental Impact Report required for the overall project. REC~ENDATION: That the City Council approve the attached resolution and authorize the Mayor to execute the contract on behalf of the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not appl icable. DISCUSSION: For the past several years, the Planning Department has been attempting to use a number of creative approaches with respect to maintaining qualified staff to carry out the City's environmental review responsibilities. These initiatives were necessary both because of the part-time assignment of the Environmental Review Coordinator to the Otay Ranch project, and the overall high number of projects under consideration which have required Environmental Impact Reports. For example, recently Council authorized the extension of a contract for a part-time contract planner to help back fill for the Environmental Coordinator's assignment to the Otay Ranch project. This part-time person is on board and the Department has been able to meet its work program responsibilities in an effective manner. However, we have recently been requested to provide a "fast-track" schedule of processing for the EastLake/Ka i ser proposa 1 to assist the applicant in facil itating the overall schedul e to enabl e construct ion to commence on the medical office buil di ng in 1994. The state of Ca 1 Hornia has extensive regulations governing the construction of hospitals and this coupled-with the City's planning review process can add up to a substantial amount of time (2-3 years) to obtain the required approvals. In attempting to respond to EastLake's request for "fast tracking", it has become obvious that an important element in the City's development review proCess is the time it takes to prepare the Environmental Impact Reports. At present, the Department does not have available environmental staff with appropriate experience and expertise to coordinate the EIR for this project. 10. I .....-..,-.-.--- Page 2, Item II.) Meeting Date 2-25-92 Assigning this project to the City's Environmental Review Coordinator would result in adversely extending the Otay Ranch schedule. The City's other avail abl e consulting Environmental Supervisor (Maryann Miller) could be reassigned to this project however, her time lost within this Department would have to be then covered by the City's Environmental Review Coordinator. Such an assignment shift would again result in delays to the Otay Ranch schedule. The alternative is to process the ErR in the normal time frame using existing environmental staff or hire another contract person to coordinate the preparat i on of the ErR. Our estimate of time in using existing staff to coordinate the preparation of the ErR is approximately one (1) year. Bringing a new contract person to the project would likely result in several months of delay to make the appointment and familiarize the person with the project and issues. The applicant's request is to complete the ErR by this June. More specifically, representatives of EastLake and Kaiser indicated to the City Manager on February 21st that someone needed to be on board to begin review of their screen check ErR by March 6. Staff has identified an environmental project manager with the necessary expertise and experience to coordinate this ErR. The person is on the City's list of environmental consultants and is experienced with City of Chula Vista Env i ronmenta 1 Review procedures, was recently received extensive training in procedures from the City Attorney's office, and is available to work on the project. Both the EastLake Development Company and the Ka i ser Permanente organ i zat ions concur in the Department's recommendation and would be paying all of the City's cost incurred by the agreement pursuant to the proposed thi rd-party contract . They have reviewed the detail s of the contract and concur in its content, i ncl udi ng the proposed rate of compensation at $65 per hour. This rate is comparable to or lower than that paid to other envi ronmenta 1 consultants performing the same scope of services as independent contractors. This consultant has worked on two recent ErR's (the Chula Vista Shopping Center expansion and the Palomar Trolley Station, with the total cost for both projects at under $40,000. The work contract would authorize total compensation to the consultant not to exceed $20,000. FISCAL. IMPACT: All costs will be reimbursed by the applicant through a deposit account. WPC 0170p I()"'¿ --.-.-----".. -- Page Z, Item )t) Meeting Date 2-25-92 Assigning this project to the City's Environmental Review Coordinator would result in extending the Otay Ranch schedule. The City's other available consulting Environmental Supervisor (Maryann Miller) could be reassigned to this project however, her time lost within this Department would have to be then covered by the City's Environmental Review Coordinator. Such an assignment shift would again result in delays to the Otay Ranch schedule. The alternatives is to process the ErR in the normal time frame using existing environmental staff or hire another contract person to coordinate the preparat i on of the EIR. Our estimate of time in using existing staff to coordinate the preparation of the ErR is approximately one (1) year. Bringing a new contract person to the project would likely result in several months of delay to make the appointment and familiarize the person with the project and issues. The applicant's request is to complete the ErR by Summer 1992. Staff has identified an environmental project manager with the necessary expertise and experience to coordinate this ErR. The person is on the City's list of environmental consultants and is experienced with City of Chula Vista Environmental Review procedures, has recently received extensive training in procedures from the City Attorney's office, and is available to work on the project. Both the EastLake Development Company and the Kaiser Permanente organizations concur in the Department's recommendation and woul d be payi ng all of the City's cost incurred by the agreement pursuant to the proposed third-party contract. The rate of compensation is proposed at $65 per hour. This rate is comparable to that paid to other environmental consultants performing the same scope of services as independent contractors. Hiring a permanent staff person for thi s type of management position would equate to $41.00 an hour or a potential savings to the applicant ·of $24.00 an hour. However, no specific ongoing work program is identified beyond the Kaiser project that would sustain this position. Thi s consultant has worked on two recent EIR' s (the Chul a Vi sta Shoppi ng Center expansi on and the Palomar Troll ey Station, with the total cost for both projects at under $40,000. The work contract would authorize total compensation to the consultant not to exceed $20,000. FISCAL IMPACT: All costs will be reimbursed by the applicant through a deposit account. WPC 0170p . 1()..3 ....---- RESOLUTION NO. /1. S '"7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT FOR SERVICES FOR ENVIRONMENTAL CONSULTANT ON EASTLAKE/ KAISER HOSPITAL PROJECT AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the EastLake Development Company has filed various applications with the City of Chula Vista in conjunction with re-planning the EastLake Village Center; and WHEREAS, these applications have been initiated as a result of the Kaiser Medical Center which is proposed to be located within the north portion of the Village Center; and WHEREAS, the applicant has requested the city's cooperation in adopting a fast track process schedule and, accordingly, the Planning Department is in need of highly qualified environmental consultant assistance to coordinate the Environmental Impact Report required for the overall project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve a contract with Marilyn ponseggi for environmental services on Eastlake/Kaiser Hospital Project, a copy of which is on file on the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the, city of Chula vista is hereby authorized and directed execute said contract for and on behalf of the City. Presented by Ap~ar Robert A. Leiter, Director ruce M. of Planning Attorney C:\rs\Kaiser Env. Consult. If) - ~ .--_.~-_._._._~ ._._.~.,,- - . .. . Three Party Agrel!lll!nt Between City of Chula Vista, Consultant, and Applicant For Consulting·Work to be Rendered with regard to Applicant's Project I. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the part i es hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the Attached Exhibit A as "Consultant" ("Consultant") whose business form and address is indicated on the attached Exhibit A, and the person designated on the Attached Exhibit A as "Applicant" ("Applicant") whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations, 2.1 Warranty of Ownership. App 1 i cant warrants that App 1 i cant is the owner of land ( "Property" ) commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an ootion or other entitlement to develoD said ProDertv. 2.2 Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3 In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4 City does not presently have the "inhouse" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5 This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6 Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: WPC 9937P/OO60Y 10....5 Standard Form Three Party Agreement £~,br~~r:tn ~,d2~2 ........__ ..._u.... ______ .......___ _...L _ Page ~ · 3.1 Emolovment of Consultant bv Aoolicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In del ivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under simi.1ar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2 Comoensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Applicant's billing, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, pay said amount to the Consultant, City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide WPC 9937P/0060Y Standard Form Three Party Agreement February 5, 1992 I/).- tø Page 2 .."--.-....-......----..--- · by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3 Securitv for PaYment of Comoensation bv Aoolicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1. Dther Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in li eu of depos i t into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. WPC 9937P/0060Y Standard Form Three Party Agreement February 5, 1992 ID . '7 Page 3 -".- ~----,-... ..-.-------".--.- -'-----'-- 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts Jhall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liabil ity Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. COßlßercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Appl icant in the same manner as œmbers of the general publ ic ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coveraae. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the cOßlßencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. ' WPC 9937P/0060Y Standard Form Three Party Agreement February 5, 1992 /ð../ Page 4 -------.,.-..- ---.,.--..---- 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.~. Public Statements. All public statements and releases to the news media shall be the respons i bil i ty of the City and the App 11 cant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. . 4.4. Communication to ADDlicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-ComDensation Duties of the ADD1icant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by App1 icant, within the possession of App1 icant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. PrODertv Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Appl icant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5,3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant, WPC 9937P/OO60Y //;.. if Standard Form Three Party Agreement February 5, 1992 Page 5 . .'__..,'.,...___.,._____..___..__'n__'._ 6, Administrative R~oresentatives. Each party designates the individual s ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. - 7. Conflicts of Interest 7.l. Consultant is DesiQnated as an FPPC Filer, If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Particioate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to i nfl uence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement., 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economi c interest whi ch would confl ict with Consul tant' s duties under this agreement. 7.4, Promise Not to ACQuire ConflictinQ Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Dutv to Advise of ConflictinQ Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will innediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder, WPC 9937P/OO60Y Standard Form Three Party Agreement February 5, 1992 (ð../t) Page 6 .._._-----_.-~_._-_.__.._-- 7.6. SDecific Warranties Aaainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's inrnedi ate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, Or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promi se of future employment, remuneration, consideration, gratuity or other reward or gain has been aade to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any th i rd party wh i ch may be in confl i ct wi th Consul tant' s responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consul tant breaches thi s agreement or if the Consultant refuses or fail s to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Riaht to Terminate PaYment for Convenience. Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the CDnsultant for services performed after execution of this agreement and prior to its termination. 9,3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, 1n the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents WPC 9937P/0060Y Standard Form Three Party Agreement February 5, 1992 Page 7 Jð...11 --_._"---~._-_.._-~_.- prepared by the Consultant in perfonnance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Applicant's work. 10. Administrative Claims Reouirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chul a Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnifv Citv and Aoolicant re Iniuries. Consultant agrees to indemnify and hold the City and Applicant harmless against and from any and all damages to property or injuries to or death of any person or persons, including officers, employees, agents, or representatives of the City or Applicant, and shall defend, indemnify and hold harmless the City and Applicant, their elected officials, officers, agents and employees and representatives, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Consultant or any of its officers, agents, employees, or representatives, committed in or which should have been committed in the performance of this Agreement. 11.2. Aoolicant to Indemnifv Citv re Comoensation of Consultant. Applicant agrees to defend, indemnify and hold the City hannless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the perfonnance of services required by this Agreement. 12. Miscellaneous. 12.1. Consultant not authorized to Reoresent Citv. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 12.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and WPC 9937P/0060Y Standard Fonn Three Party Agreement February 5, 1992 /0...12 Page 8 "-'.------.-..-.--- . requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 12.3. Entitlement to Subseouent Notices. No'notice to or demand on the'parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 12.4. Entire AQreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 12.5. Caoacitv of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 12.6. GoverninQ Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chu1a Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chu1a Vista. 12.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 12.8. CounterDarts. This Agreement lIay be executed in IIOre than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 12.9. Severabilitv. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the WPC 9937P/OO60V Standard Form Three Party Agreement February 5, 1992 /O../..j Page 9 .. _._._..__.,---~----_.._-----._- parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 12,10. Headinas. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 12.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 12.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 12.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) WPC 9937P/0060Y I~--I'f Standard Form Three Party Agreement February 5, 1992 Page 10 ~-"""- -.,.-----"--.---------.-- Signature Page to Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: February 25, 1992 City of Chula Vista by: Tim Nader Mayor Attest: Beverly Authelet City Clerk Approved as to Form: Bruce M. Boogaard City Attorney Dated: February 25, 1992 Consultant: Marilyn Ponseggi & Associates by: Marilyn Ponseggi Dated: February 25, 1992 Applicant: EastLake Development Company by: Kent Aden Project Manager WPC 0118p)OO60Y Standard Form Three Party Agreement February 5, 1992 ¡I). IS- Page 11 -----~---- . ._-_._._._"----_._----._-~------_._.,_.- Exhibit A Reference Date of Agreement: February 1, 1992 Effective Date of Agreement: February 5, 1992 City of Chu1a Vista, 276 Fourth Avenue, Chu1a Vista, CA 91910 Consultant: Marilyn Ponseggi and Associates Business Form of Consultant: [ x ] Sole Proprietorship [ ] Partnership [ ] Corporation Address: 9222 Denise Lane E1 Cajon, CA 92020 App 11 cant: EastLake Dev.e 1 opment Company Business Form of Applicant: [ ] Sole Proprietorship [ ] Partnership [ x ] Corporation Address: 900 Lane Avenue #100 Chu1a Vista, CA 91913 l. Property (commonly known address or General Description): The EastLake Activity Center/Kaiser Hospital project site is located on 71.8 acres of vacant land in the City of Chu1a Vista's EastLake planning area. This site is divided into two principle areas, The western portion is bounded by the right-of-way for State Route 125 on the west, EastLake Parkway on the north, and Otay Lakes Road on the south. The eastern portion of the project site extends to the east of EastLake Parkway and is bounded by Fenton Street on the north, Hale Place on the east, and Otay Lakes Road on the south, The corresponding Assessor Parcel Numbers are: 595-070-23, 24, 595-232-07, 08, 12, 13, and 14. 2. Project Description ("Project"): The proposed project consists of an "Act i vi ty Center" compri sed of a medical center and a "Village Center". A mixture of land uses in involved in the project including 23.3 acres of office/retail, 30.6 acres for the Medical Center, 2 acres for an employment center, and 15.9 acres of open space and public facility for a total of 71.8 acres. 3. Entitlements applied for: A Conditional Use Permit, Precise Plan, SPA Plan Amendment, Master plan and Planning Guidelines Adoption. UPC 0114p Exhibit A, St.nderd For. Three P.rty Agreement Jlnulry 15, 1992 It; ..II:, hge 1 -,.----- . ~_._-~-",._-~_.._,._-,..,_.- 4. General Nature of Consulting Services ("Services--General"): Project Manager responsible for administration and oversight of an Environmental Impact Report (EIR). Project i ncl udes the preparation of draft (Deliverable No.1) and final environmental impact (Deliverable No. 2) reports on the Project, candidate CEQA findings (Deliverable No, 3) and all other necessary environmental documents as outlined in Paragraph 5 as a Detailed Scope of Work, including but not limited to, the Kaiser Hospital/EastLake Activity Center EIR for the City of Chul a Vista, Case No. EIR-92-01. 5. Detailed Scope of Work ("Detailed Services"): The consulta"1t shall administer and manage the preparation of an Environmental Impact Report. The draft and final EIR and Candidate CEQA findings sha 11 comply completely with the criteria, standards and procedures of the Cal ifornia Environmental Qual ity Act of 1970 (Publ it Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Admin. Code Section 15000 et seq.), the Environmental Review Procedures of the City of Chula Vista and the regulations, requirements and procedures of any other responsible public agency or any agency with jurisdiction by law. If there are any confl icts between the City of Chula Vista's requirements and those of another agency, the City of Chula Vista's shall prevail, The draft and final EIR shall provide an evaluation of feasible mitigation measures which could be carried out to reduce or eliminate adverse impacts of the proposed project. The documents shall also analyze feasible alternatives to the project as proposed. If there are mitigation measures or alternatives to the project which could reduce the adverse consequences of the project but which are infeasible, the consultant shall cite in the candidate CEQA findings the possible economic, social or other conditions which render the mitiga(ion measure or alternative infeasible. The report shall specify which mitigation measures have been incorporated into the project and which feasible mitigation measures have not, but which could be incorporated as part of the project. The report shall also identify feasible alternatives which could reduce the adverse impacts but are not proposed by the proponent. The Contractor shall consul t wi th all responsible agencies, agencies having jurisdiction by law and any other person or organization having control over or interest in the project. The documents shall be prepared in such a manner that they wil 1 be meaningful and useful to decision makers and to the public. Technical data should be sunvnarized in the body of the report and pl aced in an appendix. All public documents shall be prepared in accordance with the standards of the California Association of Environmental Professionals, WPC 0114p Exhibit A, St8nderd form Three 'arty Agreement Jlnulry IS, 1992 /0-/7 Plgo 2 -...--..--.----.,-,..-... 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: [ x ] Same as £ffective Date of Agreement Dates or Time Limits for Delivery of Deliverables: - ~ Deliverable No.1: March 6, 1992 (Tentative) Deliverable No.2: May 13, 1992 (Tentative) Deliverable No.3: March 27, 1992 (Tentative) Dates for completion of all Consultant services: July 1, 1992 (Tentative) 7. Documents to be provided by Applicant to Consultant: [ ] site plans [ ] grading plans [ ] architectural elevations [ ] project description [ x ] other: All necessarv documents shall be Drovided as reQuired. 8. Contract Administrators. City: Douglas Reid, Environmental Review Coordinator Public Services Building 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5104 Applicant: EastLake Development Company 900 Lane Avenue #100 Chula Vista, CA 91913 Consultant: Marilyn Ponseggi Marilyn Ponseggi and Associates 9222 Denise Lane El Cajon, CA 92020 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: [ ] Not Applicable. Not an FPPC Filer. [ x ] Category No. 1. Investments and sources of income. [ ] Category No.2. Interests in real property. [ ] Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. IIPt 0114p ExhIbIt A, Standard For. Three Partv Agreement Jenulry 15, 1992 I/)~/t Pege 3 -,_...._.._---_.__..,_._-.-.~. -- - [ ] Category No, 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. [ ] Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, lIachinery or equipment. [ ] Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. [ ] Category No.7. Business positions. 10, Insurance Requirements: [ ] Statutory Worker's Compensation Insurance [ ] Employer's Liability Insurance coverage: $1,000,000. [ x ] Commercial General Liability Insurance: $1,000,000, [ ] Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). [ ] Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). , WPC 0114p Exhibit A, Standard fora Thrae Party Agreement Jenuery 15, 1992 1/)~/1 Pege 4 ~_.__u_____.".___.."__,__. Exhibit B Compensation Schedule and Deposit: TeY'lls and Conditions. [ x ] Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: Rate Schedule Cateaorv of Consultant ~ Hourlv Rate Senior Project Administrator Marilyn Ponseggi $65 per hour [ x ] Hourly rates may increase by 6% for services rendered after June, 1992, if delay in providing services is caused by City or Applicant. Materials Separately Paid For by Applicant Cost or Rate [ x ] Materials Actua 1 Reports Copies [ x ] Travel Actua 1 [ x ] Printing Actua 1 [ x ] Postage Actua 1 [ x ] Delivery Actua 1 [ x ] Long Distance Telephone Charges Actua 1 [ x ] Other Actual Identifiable Direct Costs Actua 1 Deposit [ x ] Initial Deposit Amount: $10,000. However, total cost not to exceed $20,000 with a $10,000 increase which may be granted by the Director of Planning. [ x ] Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if thi s paragraph is ·checked", upon City's recei pt of bill ing by Consultant, and determi nat i on by City in good faith that Consultant's bill ing is proper, a judgment for which Appl icant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Appl icant in making its good faith determination of propriety. WPC 0117p Exhibit B, Standard For. Three Party Agree.ent Jlnulry IS, 1992 1/)..,;tJ Plgo 1 --...-----.-..-.---,-.----- 0 Exhibit c FORM 730' IMPORTANT: Statement must be date stamped , Statement of Economic Interests R ~"'~¡¡J b~ filing , officer' 0 ¡,ial For Designated Employees 'C:7 .,~ JAN 2;> ?! :£:7 A PUBLIC DOCUMENT 1990/91 C'-y ~- ~,. ~ . ." _h ", (Type or Print in Ink) fJ ". :.- ~.,:: I' I ~ \" .. NAME OFFILE~ ~larllyn R,F, ponseggi NAME OF AGENCY POSITION TITLE C Environmental/Land Use Consultant MAJUHG ADOi'.!;;Ss. DAYTIME TnE'HONE NUMBER 276 FcurtÞ AVp.I"IJe r Chula VL::ta, Ci".lifor1'li<'l 91910 116.191 :;)1-51 !)1· CHECK THE AHROPRIA TE BOXeES}: ASSUMING OFFICE STATEMENT: (Check the box below if you have rec.ntly assumed a position designated in your agency's Conflict of Interest Code.) o You have .ssumed your position on . Y~u must file. statement no I.ter th.n 30 d.ys .fter this d.te. You must diKlose on Schedules A, B, C-', C-2, .nd G .11 report.ble investmenU, interesu in re.1 property .nd busin.u positions required by your diKlosure c.t~ory, held on the d.te you assumed your position. In addition, you mUft disclose on Schedules D, E, F, H- 1, H-Z.nd H-J Income from./I reponable SOUtees rttei* during the fZ months e!i2!. to the date you IIsumed office. ANNUAL STATEMENT: (Required to be filed for each year that you hold your designated position.) [11 You are required to file. natement no later than diKlosing all reportable investmenu, interests in real property .nd business positions held .nd income rectlved dUring the period from Janu.ry " 1HO through Dec.mber J1, "90. (See page 2 of the M.nual for exceptions to the reporting period.) LEA V1NG OFFICE STATEMENT: (Required to be filed when you leave your designated position.) o You are leaving or h.ve left your position on .nd must file. statement no I.ter th.n 30 d.ys .fter that d.t.. You must diKlose all reportable investrnenU, ,nteresu in r.a' property and business positions h.ld and in<om. received during the period from January " 1HO through the date you lefryourdesigryted position. . - INTTIAL STATEMENT: (Check the box below ONLY if your position has been rttently designated or If you .r. filing under . ~ Conflict of Int.rest Code for )'Our ågency.) o Th. conflict of interest code for your agency became effective or your position was newly designated òn - You must fil. a stat.ment no later than 30 dIIys after this date. You must diKlost on Schedules A, B, C-', C·2 and G all reportable investmenu, interests in re.1 property, .nd business positions held on the date your agency's cod. or )'Our design.tion becam. effective. In addition. you must disclose on Schedules. D, E, F..Md H· 1, H-Z .nd H-J Income from all I'tponIble soute.. rtte/* d".ring the 12 months Il!!sl! to W date your .geMy'S code or your designation became effective. CANDIDATE STATEMENT: (Ifrequired by the conflict ofinttrest cod. of the jurisdiction in which you are ~- seeking elective office.) o The conflict of interest code spe'cifies the types of inter~ you must diKlose. You m.y be required to complete Schedules A, B, C-', C·2 and G. -~ I()").¡ Form 1,-5TD 730 (12190) -. THE FOLLOWING SUMMARY MUST BE COMPLETED BY ALL FIL~RS - (Do not complete this summary until ~ou have carefully reviewed the ~ . instructions for each schedule on pages 9 trough 27 of the information manual) SCHEDULE A ..INVESTMENTS (Which Are!iJ!! Held By A BUlLae.. Entity Or Trult) o COMPUTED AND ATTACHED 9 NO REPORTABU INTERESTS o SCHEDUU DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDUU: B _ INTERESTS IN REAL PROPERTY (Which Are l!2! Held By A BUllne.. Entity Or Tru.t) IX! COMPUTED AND ATTACHED o NO REPORTABU INTERESTS o SCHEDUU DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE C.t-INTERESTS IN REAL PROPERTY HELD BY A BUSINESS ENTITY OR TRUST o COMPUTED AND ATTACHED n NO REPORTABU INTERESTS o SCHEDULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE C.2 -INVESTMENTS HELD BY A BUSINESS ENTITY OR TRUST o COMPLEUD AND ATTACHED o NO REPORTABLE INTERESTS o SCHEDULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE D ··INCOME (Other Thaø Lo.... And Gifta) fi COMPL£TED AND ATTACHED o NO REPORTABLE INTERESTS o SCHEDULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE E -INCOME· LOANS (Received Or OUÞ&aDdiD, DuriD,Tbe Report1Å' Period) . Œ COMPLETED AND ATTACHED o NO REPORTABLE INTERESTS o SCHEDULE DOESNDTAPPLY TO MY DISCLOSURE CATEGORY - SCHEDULE F ··INCOME· GIFTS o COMPUTED AND ATTACHED a NO REPORTABLE INTERESTS o SCHEDULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE G·· BUSINESS POSITIONS [cCOMPLETED AND ATTACHED 0 NO REPORTABLE INTEllUTS o SCHUJULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE H _ COMMISSION INCOME. INCOME AND LOANS TO BUSINESS ENTITIES OR TRUSTS AND INCOME FROM RENTAL PROPERTY o COMPUTED AND ATTACHED 0 NO REPORTABLE INTPUTS o SCHEDULE DOES NOTIJ'I'LY TO MY DISCLOSURE CATEGORY VERIFICATION ~ I hive uled .11 reuonable dili?cence In preparing .this statement. I have reviewed the statement and to the ben of my knowledge the in ormation contained herein and in the attached schedule5 is vue and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing Is vue and correct. E..cuted onMarêIi :-18 ,1991 . at El Caion. California (DateJ I (ut)' and )Utl) SIGNATURE ~0.~,.0ù~~t9~, /b'2~' Form 2 - 510 730 (12190) "'-.,.---.-,-...-,,---..----------..---,-- .. NAME Marilyn R.F, Ponseç¡qi ~ Schedule B - Interests In Real Property (Which Are ~ Held By A Business Entity Or Trust) (SEE PAGES 11 AND 12 OFTHE INFORMATION MANUAL FOR - INSTRUCTIONS.AND EXAMPLES) STREET ADDRESS DR PRECISE LOCATION 01 PROPERTY CITY 922 Denise Lane El Cajon 'AIR o 51,000·510.000 .....TURE OF INTEREST. E.G.. OPTION. OWNERSHIP. LEASEHOLD, DUD OF TRUST MARKET 0 510.001-5100.000 V.....UE !!J 0... 5100.000 Ownership (personal residence) If ACQv,red 0' DllpoM(f During The Date A.c.qul,.d: N/'" II R.ngl P,operty. o LouthontO,., AePO"I'" 'er.od YOu Must Indlc," Oot.Dilposec!: Ownenhip Inter.n Is o '0'" Of ,t..",· Month, De" And yur: STREET ADDRESS OR PRECISE LOCATION OF PROPERTY CITY 'AIR o 51.000.510.000 NATURE OF INTEREST. E.G.. OPTION. OWNERSHIP, LEASEHOLD. DEED OF TRUST MARKET 0 510.001·5100.000 VALUE o 0..,5100.000 If Acquired 0, DispoMd DUring The O.tt Acquired: II Rong P,_rty, o Leu thon to,., AeþOl"tlng ,.,.od You "'loin IndlClt. DltI Oispos.td: Own.tlhip Int.ren II o 10~ Of ,r..t.'· Month. DIY And Yur: STRUT ADDRESS OR PRECISE LOCATION OF PROPERTY CITY 'AIR o 51.000.510.000 NA TURf OF INTEREST. E.G.. OPTION. OWNERSHIP. LEASEHOLO. DEED OF TRUST MARKET 0 510.001·5100.000 V.....UE 00.·'5100.000 af "'QUlfN Or DI'poItd DUring The O.te Acquired: If R.ntol Property, o LOll thon 10,., R.øo"lnl "nod YOu Must IndlClt. Dat. D.sposed: Own'I'Ihip In,.reft Is o '0" or Sltut.,· Mo",h. 0... And V..r: STREET ADORESS OR PRECISE LOCATION OF PROPERTY CITY fAIR o 51.000·5'0.000 NATURE Of INTEREST. E.G., OPTION. OWNERSHIP. LEASEHOLD, OEEOOF TRUST MARKET 0 510,00'·5100.00( V.....UE 00."5100.000 . If Acquired Or OIIpoMd Dunn; The Oatl Atqu1*: If Rong!property. o Lea than '0,. Alportang 'Irted You MI,Ift IndlUltl Dat. Dis~: OwMnllip inti,'" b o '0" 01 treltl'· Month. DIY And y,.,: 1I0Tl: YOU IlAY IE UQUaED TO UI'OIIT 011 SCHEDULE D ..cOME (5250 OR MOU) '10M IEIITAL ...OHITY U5T1D 011 SCHEDULE I uarvED IV YOU 011 YOUI 5POUSE. ---.~-- -..---- - -If l.0u have a 10~ or greater interest in a rental property, yDu may have additiDnal ,tportiñr requirtmtnu on chtdule H-3.· , -- - - -.- o If additional space is needed. check box and attach an additional SchÌdule B. . - !()-).3 form 4 - 5TO 730 (12J90) ---~--~-- -",_._- - . - .._-----~-- -- - . - 0---- -. NAME Marilvn R.F. Pon~p.nni IMPORTANT EHective January 1, 1991, new prohibitions and limitations will be imposed on 9ifts and honoraria received by elected state and local officials, state agency oHicials, members of state boards and commissions, and certain employees of state agencies. These new provisions are discussed at the front oHhe 1990-91 Information Manual for Form 730 in the section entitled· 1991 Legislative Changes.· WARNING: These new prohibitions and limitations do not affect the requirements for disclosina gifts and honoraria received, Schedule D -Income (Other Than Loans And Gifts) (SEE PAGES 15 AND16 OFTHE INFORMATION MANUAL FOR INSTRUCTIONS AND EXAMPLES) GROSS INCOME RECEIVED: NAME 01 THE iOURCE 01 INCOME r·I.F. ponsenni & Associa~øc 0 ADORHS 5250 . 5 1.000 922 Denise Lane,- El Cajon, California 92020~ NA TUllE 01 IUilNHS ACTIVITY ,II ANY o 51.00,·510,000 Land Use/Environmental Consultant DESCRIPTION 01 THE CONSIDERATION lOR WHICH INCOME WAS RECEIVED GJ 0..,510.000 Consulting Services (Sole Proprietorship) NAME 01 THE SOURCE 01 INCOME City of El Ca;on o 5250·51.000 AOORHS ~OO E. Main Street, El Cnjon, California 92020 NATURE Of IUSINESS ACTIVITY, II ANY ~ SI,001 ·510,000 . City Government~l o 0..,510,000 , DHCRIPTION 01 THE CONSIDERATION fOR WHICH INCOME WAS RECEIVED Traffic Commissioners NAME 01 THE SOURCE OF INCOME ----- - '- ADDRHS IT USO·51,ooo , NA lURE OF IUSINUS ACTIVITY ,II ANY .- o S1,oo1 -510.000 DESCRIPTION 01 THE CONSIDERATION fOR WHICH INCOME WAS RECEIVED o 0..,510,000 . o If .dditiDn.1 spite is needed, chetk box .nd .ttldI.n .dditiDI1II Schedule D. IIJ ..»1- - . Form 7 - STD 730 (1219\ - - ----~~-- ,- . NAME MRTi' yn ~ ~ 'Pnncc......: .... Schedule E - Income -loans (Received Or Outstanding During The Reporting Period) (SEE PAGES 17 AND 18 OFTHE INFORMATION MANUAL FOR INSTRUCTIONS AND EXAMPLES) AMOUNT OF HIGHEST IALANCE DUllING THE RE~RnNG PEIIIOO: ....ME O' LE..OER America's MortaaaeService o nso-sI.ooo ADDRESS o SI,OOI-510.000 P. 0, Box 9411, Gaithersburg, MD 2089B-60ll0 .... TuRE O. IUSI"US ACTIVITY. IF ANY WAS THE ENTIRE LO"N o Y£S f:] 0..,510.000. Home Loan REPAIO OURING THE RE~RTlNG PERIOO 0 NO SPECIFIC SECURITY FOR LOAN INCLUDING GUAllANTOR (If Rill P,operty, P,ovid. Add,...) INTERESTRATE 0 922 n"ni",p T.~n" "', "'~~^n ,..~,<_. 0 NQNE Q" NONE hAMf. Of L.ENDER o 5250-51.000 ADDRESS o 51.00I·SlO.000 NATURE O. IUSINESS ACTIVITY. IF ANY W"-5 THE ENTIRE LOAN o YES o 0...510.000 REPAIO DURING THE REPORTING PEIIIOD 0 NO SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Rul PIOpert)'. PrOvide Address) INTEREST RATE D . D NONE NONE NAME O' LENDER D 5250-51.000 ..OORESS D 51.001·510.000 NATURE OF IUSINUS ACTIVITY, IF ANY W"-5 THE ENTIRE LOAN o YES Do." 510.000 REPAIO OURING THE REPORTING PERIOO 0 NO SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If R..I P,operty. P,ovld. Add....) 0 NONE INTEREST RATE 0 NONE NAME OF LENOER - o 1250·51.000 ADDRESS o 11.001 ~SIO.OOO NATURE OF IUSINESS ACTIVITY.I~ ANY WAS THE ENTIRE LOAN DYES o o.o,SlO.ooo REPAIO OURING THE REPORTING PERIOO DNO .:::". SPECIFIC SECURITY FOR LO~~ INCLUDING GUARANTOR (If ...1 p,-rty, ,,- Add....) 0 NONE INTEREST ~TE 0 NONE .. "____ -__-_0·. 0 If additionl' sPace is needed, check box Ind Ittach In Idditiona' Schedule E. . ·1()ø~S . . . Form 8 - STC 730 (12/90) -~-------~~~- - NAME r'laril vn R. F. Ponseaqf Schedule G - Business Positions (SEE PAGE 21 OF THE INFORMATION MANUAL FOR INSTRUCTIONS AND EXAMPLES) NAME OF ENTITY ADORESS OF ENTITY ~1.F. ponseggi & Associates , 922 nenise Lane, El Cajnn, CA DESCRIPTION OF IUSINESS ACTIVITY . YOUR 10ITITLE OR POSITION Land Use/Environmentñl Consultant Principal 'OSITION HELO THROUGH ENTIRE REPORTING 'ERIOOI IF NO POSITION COMME NCEO ON ayES o NO 'LEASE INDICATE: POSITION TERMINATED ON NAME OF ENTITY ADDRESS OF ENTITY DESCRI'TION OF IUSINESS ACTIVITY YOUR 101 TITLE OR POSITION 'OSITION HELD THROUGH ENTIRE REPORTING PERIOO! 'FNO POSITION COMMENaD ON DYES o NO 'LEASE INDICATE: POSITION TERMINATED ON NAME Of ENTITY ADDRESS OF ENTITY DESCRIPTION OF IUSINESS ACTIVITY YOUR 101 TITLE OR POSIT ION 'OSITION HELD THROUGH ENTIRE REPORTING PERIOOI .FNO POSITION COMMENCED ON DYES o NO 'LEASE INOICATE: POSITION TERMINATED ON NAME OF ENTiTY AODRESS OF ENTITY DESCRIPTION OF IUSINESS ACTIVITY YOUR 101 TITLE OR POSITION POSITION MELD THROUGH ENTIRE REPORTING PERIOD'? IF NO .OSITlON COMMENCEO ON DYES o NO 'LEASE INOICATE: POSITION TERMINATED ON NAME OF ENTITY ADDRESS OF ENTITY OESCR"TION OF IuSINESS ACTIVITY YOUR 101 TITLE OR POSITION POSITION HELD THROUGH ENTIRE REPORTING PERIODI !FNO IOSITION COMMENCED ON - DYES ONO 'LEASE INDICATE: POSITION TERMINATED ON ...-.ME OF ENTITY ADDRESS OF ENTITY DESCRIPTION OF IUSINESS ACTIVITY YOUR 101 TITLE OR POSITION 'OSITION HELO THROUGH ENTIRE RE'ORTlNG PERIOOI !FNO -"'" POSITION COMMENao ON DYES o NO PLEASE INDICATE: IOSITION TERMINATED ON o If additional space is needed. check bOx 8nd attach an additional Schedule G. -- /0;',214 . Form 10 ··STO 730 (12190) "---- -. -.-.......-.----.-,.-..---.--- _.,- --...-.....---.- --. v COUNCIL AGENDA STATEMENT ItemJ1..A.±S Meeting Date 2/25/92 ITEM TITlE: Resolution tl,~18 Approving First Amendment to Agreement for the Telegraph Canyon Sewer Basin Plan between the City of Chula Vista and Willdan Associates Resolution II.C; I~ Approving First Amendment to Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City of Chul a Vi sta and Eastlake Development Company ~ SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-) To comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the Ci ty and Eastlake Development, the City entered into a contract with Wi 11 dan Associ ates for the Tel egraph Canyon Sewer Bas i n Improvement and Financing Pl an on August 7, 1990. In order to refl ect the total wastewater flow into the basin, it is necessary to amend the pl an to incorporate pumped flows generated by the EastLake and Salt Creek Ranch Developments. It is estimated that the consultant will provide the additional services related to this amendment at a cost of $16,852. RECOMMENDATION: That Council adopt the resolutions approving the First Amendments to Agreements and authorize the Mayor to execute the agreements on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement required that the City hold publ ic hearings and prepare a Telegraph Canyon Sewer Basin Improvement and Financing Plan. That plan was to estimate ult imate sewage flows, provide a program for requi red future improvements to the trunk sewer, and establ ish a fee or other financing mechanism for flow monitoring and construction of improvements. The City would then be able to fairly allocate the costs and assure that improvements are constructed before the capacity of the trunk sewer is exceeded. The City retained Willdan Associates to prepare the Improvement and Financing Plan, which is currently nearing completion. Thi s plan determi nes requi red capacity and fees only for flows tributary to the Telegraph Canyon Basin. It was recognized that EastLake Development would temporarily pump flows into the Telegraph Canyon Basin, but it was anticipated that these flows would be re-routed within approximately two years (after construction of the Salt Creek Trunk Sewer). \\ - \ ~._._." - .~-_.._-,-_.- Page 2, Ite.~ Meeting Date 2/25/92 It currently appears that the pumped flows will not be able to be re-routed to the Salt Creek Bas in unt il after the construction of the Otay Valley Water Reel amat ion Pl ant, which will be downstream of the Salt Creek Trunk Sewer. Plant start-up may be as late as July, 1998. Since these flows will discharge to the Telegraph Canyon Basin for several years, they need to be included in the design capacity of the Telegraph Canyon sewer line. It is therefore proposed that the Ci ty have an amendment to the Tel egraph Canyon Basin Plan prepared to incorporate the pumped flows generated by EastLake and the Salt Creek Ranch Developments. This amendment could be prepared by City staff, be awarded to a consultant on a compet it i ve bas is following à Request for Proposals, or awarded to Willdan Associates as an amendment to the original Telegraph Canyon Basin Plan. It is recommended that we award this amendment to Willdan Associates for the following reasons: 1. The engineering staff does not have adequate resources to prepare this report within the allotted time. 2. Si nee Wi 11 dan Associ ates prepared the origi na 1 Telegraph Canyon Study, they have the information and expert i se needed to perform the amended study. 3. Since Wi 11 dan Associates has the information on gravity basin fl ows computerized and tabulated, they can add the pumped flows more efficiently and cost effectively. Engineering staff has negotiated an agreement with Will dan Associates to provide the needed engineering services for a tot a 1 of $16,852. EastLake Development Company has agreed to fund this study. The full cost for th is study, including City staff costs, will need to be depos ited wi th the City before issuing the Notice to Proceed to Willdan. The work to be accomplished by the consultant shall include: 1. Amending the original Telegraph Canyon Basin Plan to include current and projected sewage flows pumped into the Telegraph Canyon Sewer Basin. 2. Recommendation of the type, size, location, and approximate order of construction of additional sewer improvements needed due to the increased flows including pump stations. 3. Establishment of a separate fee for Salt Creek Ranch and EastLake projects within the Salt Creek and Poggi Canyon Bas i ns to pay for the cost of construction of the additional sewer improvements required in the Telegraph Canyon Basin to serve their developments. FISCAL IMPACT: Eastl ake Development Company has to date deposi ted $93,450 for the original contract. The Agreement provides that they could be required to depos it up to a tot a 1 of $125,000. To date expenditures have totalled $61,450 for Willdan and $25,271.33 (as of 12/26/91) for staff costs for a total of $86,721.33. This amendment with Willdan will cost $16,852 and an estimated additional staff expenditure of $8,000. All costs to be charged to the East lake cash depos it. These costs will be el igible costs for reimbursement from the District, after it is established. EMC:ST-002 WPC 5863E \\..2- ~.,..._-""--_. RESOLUTION NO. ~ c; 1 ß RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT FOR THE TELEGRAPH CANYON SEWER BASIN PLAN BETWEEN THE CITY OF CHULA VISTA AND WILLDAN ASSOCIATES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the city and Willdan Associates entered into an agreement for the preparation of a Financing and Improvement Plan for the Telegraph Canyon Sewer Basin on July 24, 1990, and on June 19, 1991, Willdan provided a draft Plan to the City; and WHEREAS, pumped flows from other basins were not included in the development of the Plan; and WHEREAS, City now desires to amend the Plan to incorporate the pumped flows generated by EastLake and Salt Creek Ranch Developments within the Salt Creek Basin, and EastLake Development within the Poggi Canyon Basin; and WHEREAS, the draft Plan categorizes all developments which will discharge to the Telegraph Canyon Basin as Phase I, II, III, and/or IV, depending on the projected date of construction, and it is desirable to use the same designation in the amendment for consistency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the First Amendment to Agreement for the Telegraph Canyon Sewer Basin Plan between the City of Chula vista and Willdan Associates, 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 Amendment for and on behalf of the City of Chula vista. Presented by ed as t ~ John P. Lippitt, Director of Boogaard, C Attorney Public Works C:\rs\tc \\~.\ ..._,,---------~_._- FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN CITY OF CHULA VISTA AND WILLDAN ASSOCIATES THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of , 1992, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and WILLDAN ASSOCIATES, a California Corporation hereinafter referred to as "Consultant", whose address is 6363 Greenwich Drive, suite 250, San Diego, California, 92122-3939, for certain professional Engineering services provided to the Engineering Division of the city of Chula vista for an Amendment of the Financing and Improvement Plan for the Telegraph Canyon Sewer Basin. RECITAL A. WHEREAS, the City and Consultant entered into an agreement for the preparation of a Financing and Improvement Plan for the Telegraph Canyon Sewer Basin, on July 24, 1990, and on June 19, 1991 consultant provided a draft Plan to the City. B. WHEREAS, pumped flows from other basins were not included in the development of the Plan. C. WHEREAS, ci ty now desires to amend the Plan to incorporate the pumped flows generated by Eastlake and Salt Creek Ranch Developments within the Salt Creek Basin, and Eastlake Development within the Poggi Canyon Basin. D. WHEREAS, the draft Plan categorizes all developments which will discharge to the Telegraph Canyon Basin as Phase I, II, III, and/or IV, depending on the projected date of construction, and it is desirable to use the same designation in the amendment for consistency. WITNESSETH THAT, in consideration of the recitals and mutual obligations and duties as herein expressed, City and Consultant agree as follows: 1. SECTION 1, of the original agreement (Scope of Work) with Willdan Associates approved July 24, 1990 shall be amended to add the following: A. Tasks 1. Modify Figure 1 of the draft Plan to include the Salt Creek Basin and Poggi Canyon Basin developments to be pumped into the Telegraph Canyon Basin, and indicate that full development may occur in Phase III or Phase IV, as discussed in the Willdan Report. ~\1\·3 .- -".__...._..~~--,-----_..__.- -2- 2. Provide a map showing Salt Creek Ranch and the portion of Eastlake within the Salt Creek and Poggi canyon Basins. Indicate boundaries of projects, locations of pump stations, and points of connection to the Telegraph Canyon Sewer Trunk. 3. Determine flows to be pumped to the Telegraph Canyon Basin which will be generated by full development of Salt Creek Ranch and the portion of Eastlake within the Salt Creek and Poggi Canyon Basins. Include information from a study previously prepared by Wilson Engineering. 4. Break down phasing of recommended improvements and associated costs separately for the following conditions: CONDITION 1. - Full development of Salt Creek Ranch and the portion of Eastlake within the Salt Creek and Poggi Canyon Basins completed during Phase III. CONDITION 2. - Full development of Salt Creek Ranch and the portion of Eastlake within the Salt Creek and Poggi Canyon Basins completed during Phase IV. 5. Allocate units and flows for Eastlake and Salt Creek Ranch to the phases when the development should occur. Modify total units and flows for each phase of the entire basin. Generate separate sewer analysis tables for each of the two conditions stated in item 4. Modify Figure 2 of the draft Plan to include Salt Creek Ranch and the portion of Eastlake within the Salt Creek and Poggi Canyon Basins under both conditions. 6. Identify the increased line sizes, lengths, and locations . needed to serve the pumped flows from Salt Creek Ranch and Eastlake developments, and the cost increase allocable to these developments for each of the two conditions. Determine the threshold development limit (in EDUs) at which improvements are necessary for those lines not identified as requiring upgrade in the draft Telegraph Canyon Basin Plan. 7. Determine location and capacity of existing, proposed and recommended sewage pump stations required to transport flows to the Telegraph Canyon Trunk Sewer. Information given in studies performed by Wilson Engineering and NBS/Lowry shall be used where applicable. 8. Establish a separate fee for Salt Creek Ranch and Eastlake projects within the Salt Creek and Poggi Canyon Basins to pay for the cost of construction of the additional sewer improvements required in the Telegraph Canyon Basin to serve their developments. Fee shall be calculated separately for the following two conditions: \t't\.. 4 -3- CONDITION 1. - Fee is allocated based on the proportion of maximum pumped flows to total design capacity. CONDITION 2. - Fee is allocated based on the incremental increase above the cost for the facilities needed to serve the basin gravity flows. Generate separate tables of facility costs and fees. 9. Provide additional or revised sketches showing location of recommended improvements. B. Work Schedule and Submittals 1. The information generated by performing the tasks required by this First Amendment shall be supplemental to the finalized draft Plan. This supplemental information shall be submitted as a separate bound document. 2. A draft report based on completing the tasks required by this First Amendment shall be submitted to the City within sixty (60) calendar days after approval of this amendment. 3. A complete final report based on completing the tasks required by this First Amendment shall be submitted to the city within thirty (30) calendar days after receipt of comments on the draft report. 4. The number of copies shall be the same as in the original Agreement. II. Amend SECTION 4 of the original Agreement, (compensation) by adding the following after the existing text: In addition to the compensation provided in the paragraph above (the original agreement) the compensation to be paid by the City to Consultant for all the work required for the additional work specified in this First Amendment shall be a not to exceed fee of sixteen Thousand Eight Hundred Fifty two Dollars ($16,852) based upon the attached fee schedule (Exhibit B) payable in monthly progress payments in an amount that the Public Works Director, or his designee, shall determine corresponds to the value provided to the city to the date of billing. \\~ -s _....-.a..___._ -4- III. Amend SECTION 6, of the original Agreement (Conflict of Interest) to read as follows: SECTION 6 Financial Interests of Consultant A. Statement of Economic Interests If Consultant is designated as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified, or if none are specified, then as determined by the City Attorney. (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant -has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of the Consul tant 's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. \\ ~-~ _·.'·.un_...·_ -5- F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in this Agreement. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of city. IV. The original Agreement is amended by adding the following sections after section 16 and prior to the signature block: SECTION 17 Errors & Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit city's rights under other provisions of this agreement. SECTION 18 Miscellaneous A. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. \U\-1. -6- B. All notices, demands or requests provided for or permitted to be given pursuant to this agreement must be in writing. All notices, demands, and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united states mail, addressed to such party, postage prepaid, registered or certified with return receipt requested, at the address identified herein as the places of business for each of the designated parties. C. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. D. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula vista. Except as modified herein, all other items and conditions of the original agreement remain as specified therein. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment on this day of , 1992. THE CITY OF CHULA VISTA WILLDAN ASSOCIATES Mayor, City of Chula vista vice-President ATTEST: APPROVED AS TO FORM: City Clerk City Attorney EMC:nm (EMC2\AMEN?2.AGR) HA-~ ..--.-..---.-.. WILLDAN ASSOCIATES EXHIBIT "B" SCHEDULE OF FEES FOR PROFESSIONAL SERVICES July 1, 1991 - June 30, 1992 FEE RATE CLASSIF1CATION PER HOUR Em!'Îneerin2' Principal Engineer .................................. SI23.00 DivisioD.Manager................................. . 113.00 City E,:,~neer :................................... 113.00 SupervlSlng Engmeer ............................... 102.00 Senior Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92.00 Senior Transportation Planner ........................ 92.00 Ass,?ciat,: Enginee~ ................................ 84.00 Engmeermg AssoCIate .............................. 84.00 Senior Designer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76.00 Associate Transportation Planner ......... . . . . . . . . . . . . . 76.00 Designer (CADD) ................................. 76.00 Senior Public Works Observer ........................ 70.00 Senior Design Engineer ... . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 Senior Drafter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64.00 Assistant Transportation Planner ...................... 64.00 Design Engineer .......... ............ ............ 64.00 Public Works Observer ..... ........ .... ...... ...... 60.00 Designer ........................................ 59.00 Drafter (CADD) .................................. 59.00 Drafter ......................................... 51.00 Junior Drafter (Technical Aide) ....................... 43.00 Real Pronertv Services Supervisor-Real Property Services. . . . . . . . . . . . . . . . . . . . . . 98.00 Senior Real Property Agent .......................... 92.00 Real Property Agent ................. .............. 84.00 Assistant Real Property Agent ........................ 64.00 Real Property Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 Survevine: Supervisor.Survey ,. ...... ......... .... ............ 90.00 Facilitv Financimz Supv, Special Districts .............................. 100.00 Senior Special Districts Coordinator ..... . . . . . . . . . . . . . . . 90.00 Special Districts Coordinator ......................... 84.00 Special Districts Analyst II .... . . . . . . . . . . . . . . . . . . . . . . . 67.00 Special Districts Analyst I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.00 BnildiDl! Supervising Plan Check Engineer ...................... 98.00 Plan Check Engineer ............................... 82.00 Supvr, Building Inspection ... .............. ..... ..... 73.00 Plans Examiner ................................... 70.00 Building Inspector ................................. 63.00 Permit Specialist ................... .......... ..... 45.00 Landsc8ne Architecture Principal Landscape Architect . . . . . . . . . . . . . . . . . . . . . . . . . 92.00 Sr. Landscape Architect ................ . . . . . . . . . . . . . 76.00 Associate Landscape Architect ........................ 70.00 Assistant Landscape Architect ........... ...... ....... 59.00 Other Word Processing .............,.................... 40.00 Engineering Workstation Time ....... ..... ..... ...... 25.00 Personal Computer Time ...... .......... ..... ...... 15.00 Consultation in connection with litigation and court aIJ(earances will be quoted separately. Additional billing classifications may be added to the above listing uring the year as new positions are created. The above schedule is for straight time. Overtime will be cha1,ed at 1.25 times the standard hourly rates. 'Sundays and holidays willoe chargcd at 1.70 times the stan ard hourly rates. It should be noted that the foregoing wage rates are effective through June 30, 1992. The rates may be adjusted after that date to compensate for labor adjustments and otlier increases in labor costs. \T m'~""",,,,"¡·"F=I.·7·'" \ \ ~ ~ ~ \¡ ~ --.---.---.---.-,----.--- -----..-------..--.-- ------- -- ---- -- _"_ _ _ U'___" --.-.--- RESOLUTION NO. It. ~11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO TELEGRAPH CANYON BASIN SEWER MONITORING AND GRAVITY BASIN USAGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, To comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the city and EastLake Development, the City entered into a contract with Willdan Associates for the Telegraph Canyon Sewer Basin Improvement and Financing Plan on August 7, 1990; and WHEREAS, in order to reflect the total wastewater flow into the basin, it is necessary to amend the plan to incorporate pumped flows generated by the EastLake and Salt Creek Ranch Developments; and WHEREAS, it is estimated that the consultant will provide the additional services related to this amendment at a cost of $16,852. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula Vista does hereby approve the First Amendment to Telegraph Canyon Sewer Basin Sewer Monitoring and Gravity Basin Usage Agreement between the city of Chula vista and Willdan Associates, 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 Amendment for and on behalf of the city of Chula vista. Presented by Approved as to form by ¡;~4t. John P. Lippitt, Director of Bruce M. Boogaard, ~ty Attorney Public Works C:\n\tcl \\&-'1"& -1- - -----_.._._-~-,--,--,-_._..._- - FIRST AMENDMENT TO TELEGRAPH CANYON BASIN SEWER MONITORING AND GRAVITY BASIN USAGE AGREEMENT BETWEEN CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of , 1992, by and between the CITY OF CHULA VISTA , a municipal corporation, hereinafter referred to as "city", and EASTLAKE DEVELOPMENT COMPANY, a partnership comprised of corporations, hereinafter referred to as "Developer", whose address is 900 Lane Avenue, suite 100, Chula Vista, California 91913. RECITAL A. WHEREAS, City and Developer entered into the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement on January 23, 1990 B. WHEREAS, Developer agreed to fund the Telegraph Canyon Sewer Basin Plan and Financing Plan to a total of $100,000 which would be subject to reimbursement from fees established by this plan C. WHEREAS, the City desires to amend the plan to incorporate the pumped flows generated by Eastlake and Salt Creek Ranch Developments within the Salt Creek Basin, and Eastlake Development within the Poggi Canyon Basin. D. WHEREAS, the total additional consultant and staff costs of this additional work is estimated to be no more than $25,000. WITNESSETH THAT, in consideration of the recitals and mutual obligations and duties as herein expressed, City and Consultant agree as follows: I. Amend SECTION 7 (b) of the original Agreement by adding the following after the existing text: The Basin Plan shall consist of two documents. The first document will consider only gravity flows from within the Telegraph Canyon Basin. The second document will include all proposed out-of-bas~n pr pumped flows. \l ~..~ .... .... -.-.-----..- -2- II. Amend SECTION 7 (c) of the original Agreement to read as follows: } (d) The final Basin Plan and its Financing Plan shall be prepared ui thin 12 ]BeRtha af t-àe aflßi "',;craary af the euc61:ltiefl af ~fiis A~reemeR~ by December 31. 1992. Developer agrees to fund the Basin Plan study required hereinabove, subject to reimbursement from fees or other funds available to the city. Eastlake's funding of the Basin Plan studies, however, shall not exceed ORC lIüRàreà 'l'fisl:IsaRå Dsllars (S1ee, eee) One Hundred Twentv Five Thousand Dollars ($125,000) without Eastlake's review and approval of any proposed costs in excess of such funds by Developer. Both City and Developer shall jointly review and consent to the hiring of outside consultants to prepare the Basin Plan and prepare a Financing Plan. Developer shall have placed the total $125.000 on deposit with the citv within 30 davs of the execution of this First Amendment to Aqreement and prior to the issuance of the Notice to Proceed for the First Amendment to Aqreement for Enqineerinq Services between citv of Chula vista and Willdan Associates. The amount of any reimbursement due to Eastlake shall be determined in conjunction with the City's determination of the financial responsibility of each benefited property owner for various sewer system improvements. Except as modified herein, all other items and conditions of the original agreement remain as specified therein. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment on this day of , 1992. THE CITY OF CHULA VISTA EASTLAKE DEVELOPMENT COMPANY Mayor, City of Chula vista President ATTEST: APPROVED AS TO FORM: city Clerk city Attorney EMC:nm:cf (EMC2 \AMND. AGR1) \ \ B~4 _...0- __________.__n.__..______._". COUNCIL AGENDA STATEMENT Item /2- Meeting Date 2/25/92 ITEM TITLE: Resolution J/'~Jb Approving Final Map for the Resubdivision of lots 2, 3, 4, and 5 of Map 12747, Unit 17 of Chula Vista Tract 88-3, Masters Collection SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: City Manager~ (4/5ths Vote: Yes_No...XJ On November 13, 1990, by Resolution 15933, Council approved a final map (Map 12747) and associated agreement for Eastlake Greens Unit 17. The developer has processed a new final map resubdividing lots 2, 3, 4, and 5 of that map under Tentative Map 88-3. This new map will create additional lots but no add i t i ona 1 condomi n i ums for fi nanc i ng purposes. The fi na 1 map is now before Council for approval. RECOMMENDATION: That Council approve the final map. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located at the southwest corner of Otay lakes Road and Hunte Parkway. The developer is filing a new final map over lots 2, 3, 4, and 5 of Map 12747. Map 12747 which was approved on November 13, 1990, consisted of 5 lots containing 214 condominiums and 6 lèttered lots. This resubdivision is being proposed for 4 of the 5 condominium lots created by Map 12747 in order to decrease the number of condominiums per lot for financing purposes. The final map contains 180 condominiums within 15 lots. No additional condominiums are proposed and the identical design of the subdivision that was previously approved will be constructed. All easements and dedications shown and accepted on the previous map are shown on the final map being considered by you tonight. Under Section 66499.20 1/2 of the Subdivision Map Act those easements are retained; therefore, no dedication or acceptance of these items is necessary. The developer has previously paid all applicable fees, posted bonds to guarantee required improvements, and entered into a subdivision improvement in conjunction with the approval of Map 12747 on November 13, 1990. These items are still valid. WAU/EY-359 WPC 5903E /'t -I ---.,-..,..----.--.-.-......-- SUBDIVISION OF A PORTION If OF MAP NO. 12747 !:1 CHULA VISTA TRACT NO. 88-3 , -=Q fOiJ UNIT NO. 17 /"'0 ~ o ~'" r <' ~ .5 ~ L N I $/TE "'¿" 5T~EET- "-OTA Y LAK£"S .-.a4Q 'TB.£(zæ4.PN C4..<I)tW ,¡t(()4LJ GENERAL UTILITY AND .}'/C/#/TY MAP ACCESS EASEMENT 1\4 /vo .sCALE ~ \ 13 \ I :;0 LOT 6 I I MAP NO. 12747 0 , I 1 6J1&OT A ,....~"T > ')'- QJ14 0 ~'ã I " ï-- J.-- __L~T ~_______ -~ \ \ 1"- ~A ~"'T_ -' ~~ \ I ---- iIC~ _.I ~ _ ...... _ _ ;' I !I \ ~-- - -fEr MAP NO. 127 J I ~~ · HUNTE PARKWAY ---- - -.--,-,""_.._._------------... RESOLUTION NO. I~ 5"-0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP FOR THE RESUBDIVISION OF LOTS 2, 3, 4, AND 5 OF MAP 12747, UNIT 17 OF CHULA VISTA TRACT 88-3, MASTERS COLLECTION NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 88-3, EastLake Greens 1 B/C, unit 17 Subdivision of portions of Map No. 12747, and more particularly described as follows: Being a resubdi vision of Lots 2, 3, 4 and 5 of Chula vista Tract 88-3 EastLake Greens Phase 2 B/C, in the City of Chula Vista, County of San Diego, State of California according to Map thereof No. 12747 filed in the office of the County Recorder of said County on November 21, 1990. Area: 30.75 acres No. of Lots: 15 No. of units: 180 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that under section 66499.20 1/2 "Merging and Resubdividing without Reversion" of the Subdivision Map Act, all easements and dedications which were granted on the previous map shall be maintained. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. Presented by Approved as to form by 4-.Æ. John P. Lippitt, Director of Bruce M. Boogaar , City Public Works Attorney /2-.3 - ------ - .-..-....,---....-.--.-..---..- / COUNCIL AGENDA STATEMENT Item 1.3 Meeting Date 2/25/92 ITEM TITlE: Resolution JIø'5:tl Approving application for an Urban Stream Restoration Grant, acknowledging that appropriate environmental impact statements have been prepared and des ignat i ng the Ci ty Engi neer as contract manager and fi sea 1 agent SUBMITTED BY: Director of Publ ic Works ~/ REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-x-) On January 31, 1992, sta f submitted an application to the California Department of Water Resources for an Urban Streams Restoration Grant along with 1 etters of support from the Mayor and the Chamber of Commerce. If the grant is approved, the City could receive a maximum of $200,000 in potential revenues. If approved, the revenues will replace funds already allocated for the dra i nage portion of the Telegraph Canyon RoadjOtay lakes Road project (between Apache Drive and Rutgers Avenue). Grant revenues must be appl ied towards the channel revegetation portion of said project. RECOMMENDATION: That Council approve resolution as stated above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Cal ifornia Department of Water Resources has a program that provides grants to public agencies to help in solving 1 oca 1 flooding and erosion problems by restoring and enhancing streams to a more natural state. Staff feels that the Telegraph Canyon RoadjOtay lakes Road channel restoration project fits the State's criteria for this program. The State also requires a show of public support. The Chula Vista Chamber of Commerce agreed to support the project. The City has obtained all the necessary envi ronmenta 1 documents and permits required and has an agreement with the Department of Fish and Game regarding stream alteration. After the grading has been completed and the channel revegetated, a five-year maintenance program is necessary after which a self-maintaining riparian habitat should develop. Approval of the resolution will constitute the designation of the City Engineer or his representative as contract manager and fi sca 1 agent, responsible for administering the contract in accordance with the program regulations. FISCAL IMPACT: I f the grant is approved, the City could receive a maximum of $200,000 in potential revenues. Cost of the channel work is estimated to be $670,000. Thi s work is part of an overall project (ST-131) that also includes street widening and reconstruction of Telegraph Canyon RoadjOtay lakes Road, Phase II I. Cost of the overall project is estimated to be $4.7 mill ion. The five-year channel maintenance program is .estimated to cost $35,000 total ($7,000 per year). SMN:GY'OO1 WPC 5892E I~..I --"---- RESOLUTION NO. IIJ=S "-I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING APPLICATION FOR AN URBAN STREAM RESTORATION GRANT, ACKNOWLEDGING THAT APPROPRIATE ENVIRONMENTAL IMPACT STATEMENTS HAVE BEEN PREPARED AND DESIGNATING THE CITY ENGINEER AS CONTRACT MANAGER AND FISCAL AGENT WHEREAS, on January 31, 1992, staff submitted an application to the California Department of Water Resources for an Urban Streams Restoration Grant along with letters of support from the Mayor and the Chamber of Commerce; and WHEREAS, if the grant is approved, the city could receive a maximum of $200,000 in potential revenues, which revenues will replace DIF funds already allocated for the Telegraph Canyon Road/Otay Lakes Road proj ect (between Apache Drive and Rutgers Avenue); and WHEREAS, grant revenues must be applied towards the channel revegetation portion of said project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the application for an Urban Stream Restoration Grant, acknowledge that appropriate enviromental impact statements have been prepared, and authorize the City Engineer to act as contract manager and fis agent. Presented by John P. Lippitt, Director of Public Works C:\Rs\Urban upstream \Õ"2. ..-........--..-...------..---...,,-.--.-.--- , , ¡ Grant Application Proposal Number 1992 State of California Department of Water Resources Division of Local Assistance Urban Streams Restoration Program Project identification infonnation Agencies, city councils, boards of directors, districts, citizens groups or nonprofit organizations can submit an application. See brochure, grants, The Urban Streams Restoration Program, 1992, for de- tailed instructions for completing this application. I. Project applicant and endorser A. Organization or government agency submitting the application: City of Chula Vista Name of project manager Organization or agency . t Dennis Davies City of Chula Vista Street address City Zip 276 Fourth Avenue Chula Vista 91910 Area code/Telephone (619) 691-5021 County Date San Diego 1/29/91 Name of official representing agency or organization Si~~W.J /JA. 1-< J. ~..., Clifford L. Swanson, Deputy Public Works Director/City Eng~n~~ , ~ B. Organization or government agency cosponsoring this application: Contact name Organization or agency . Street address City . - Zip . Area code/Telephone .' County Date ~ '. z San Diego - <:::> " : Signature- - "- , Name of offiåaI representing agency or organization ..... fT .>:, it': i - il''J\) Ir, . - -- . C> :~' :. ." ..: .,,~ :il! c; r- 'I ! ¡- r¡ , ¡ ~ iT, ::; - '1)(/) -i -. Co) r," \~..a . .'. , . .. --------- - , C. If the appli<:ant is an uninc:orporated dtizens group and using a nonprofit organization as fis<:al agent to submit the appli<:ation, indi<:ate the following: N/A Contact name representing nonprofit organization Name of organization acting as fiscal agent Street address City Zip Area <:ode/Telephone D. List other projed endorsers and partidpants (please attad1letters from the individuals or organizations listed here): , II. What is/are the name(s) of the stream(s) or c:reek(s) you are planning to restore? In what dty or unincorporated area, county, and districts is your project located? Name of stream(s) Telegraph Canyon Creek Cty County San Diego 1 Chula Vista Senate District Assembly District Congressional District . 44th 40th 80th III. If your project is not in an area already developed for residential, commerdal, or industrial use, is it designated for such development in an adopted generaF¡slan? Yes The area north of the channel is a developed residential area. However, the area south of the channel is not developed yet. The master plan for this area is currently being developed and it looks like the majority of this area will be residential. Commercial and industrial uses are possible. . IV. Please provide a map locating your project site that includes the regional context and local access to the site. Include at least one se{ of photographs of the project site. \~..'t - Total Project Budget $ 668.000 Proposal Number Total Grant Request $ 200.000 -- Grant Application 1992 State of Calüomia Department of Water Resources Division of Local Assistance Urban Streams Restoration Program . - =~ .. Pøget "'8 \~.. Æ;. . _·___._,.u""'''._,. . - Project description Except for maps, design specifications, or existing reports you may have, please confine your informa- tion to the space provided on this application. The pages are perforated for your convenience. D 1. Summary statement _. Describe the purpose of your proposed project. Your project must help contribute to the reduction of property damage from floods or bank failure (it may do so by stabilizing the stream system and watershed). . The Telegraph Canyon Creek project will contribute to the reduction of property damage from floods or bank failures. This project will be approximately 3300 feet long and will connect two portions of the creek which have already been improved. The channel will have a soft bottom approximately 30' wide planted with the appropriate native species. The channel sides will have slopes of 4:1 and 3:1, planted and irrigated. There will also be several rip-rap drop structures to aid in erosion control. The Environmental Assessment contains a detailed revegetation plan designed to provide the basis for the development of a natural riparian system that will be useful to wildlife and eventually be self-maintaining. . =~ . Page 2 of8 . _ , - D 2. Please describe the stream restoration or watershed management techniques you will use. How will these techniques or management measures stabilize the watershed and how will they restore, enhance, or preserve a riparian environment? Attach drawings, design specifications, management plans, environmental impact reports, or other documents that may help describe the project. The Telegraph Canyon Creek Channel has been designed to carry 100 year storm flows at a low velocity enabling a natural habitat to develop and flourish. The soft flat bottom will allow a great variety of native plants to take root and more runoff to be absorbed into the ground. Low flows will meander through while large flows can be handled safely. Rip-rap drop structures will be constructed at intervals to reduce velocities and prevent erosion. The old creek bed will be enhanced and become a riparian environment where native plants and wildlife can flourish. D 3. Is this project a supplement to or being planned in lieu of a local or cooperative local- federal flood control project? If it is, please describe the agencies and organizations involved, the stage of the planning process, and the currently proposed plans. The Telegraph Canyon Creek enhancement project is a local undertaking. An agreement has been obtained from the Califrnia Department of Fish and Game regarding the stream alteration. The agreement specifies other recommendations in addition to those in the revegetation plan that should be taken care of. The project is currently under construction. The channel has been graded and the rip-rap is currently being placed. =~ Page 3 018 l~.·" --.-...-..--..----- . . - D 4. Please describe the project's use of public participation in the planning, design, and/or implementation of the project. What citizen organizations are sponsoring or supporting this project? The Chamber of Commerce is supporting this project. _. D 5. What educational benefits will be derived for the public, and what technical contribu- tion to the problem of stream restoration or stream corridor management might this project provide? Tìiis project will provide a permanent natural wetlands habitat within an open space corridor. It will provide a place for children to observe a wetlands environment. The natural habitat, open space and flood control aspects of this project will be greatly appreciated in the future because Telegraph Canyon Creek will eventually be surrounded by development. This corridor will provide a great way to bike or walk from the bay to the City's eastern territories as well as a more scenic and picturesque drive. Over time we will be able to study the way the habitat . evolves, develop recommendations and provide information that can be used on other similar projects. - -~ , Page 4 018 l~'''i - - D 6. What will you submit to the Department of Water Resources that describes the meth- ods and results of your project? The minimum required is completing a survey questionnaire and submitting before- and after-photographs of the project. We are submitting pictures of the subject project area. We are also submitting pictures of a similar completed project (upstream of this proj ect) . The revegetation for the completed project is 2 years old. _. -. . D 7. What are your plans for long-tenn management or maintenance of the stream(s) you are managing or restoring? A very thorough maintenance program has been developed for this portion of Telegraph Canyon Creek. Specificatiòns, requirements and recommendations are clearly defined in the Environmental Assessment's "Riparian Revegetation Plan" and in the Agreement with the Department of Fish & Game. The operator is responsible for planting and maintaining the creek. There will be periodic inspections by biologists for five years after planting. Certain criteria must be met at particular stages of the revegetation process. After 5 years Telegraph Canyon Creek should be a self-maintaining riparian habitat. ~.~ Note: Long-term operation aNI maintenanct of tht project site is tht responsibility of the grant rtrip/tnt. PagtS of8 \.~..q j! .! - "- ~-'---'-----"" ---,-- , - --~._..- - D 8. If you do not receive your grant request, what other options do you have to meet your project objectives? H your grant proposal was selected for partial funding, what components of your project would you choose for priority funding? The Telegraph Canyon Road Widening and Channel Revegetation Project is being funded by local and Federal sources. These include Federal Aid Urban (FAU); Defense Access Road funds, (due to impact of Navy housing); Developmental ~mpact Fees (DIF) and a gran~ from this Urban Streams Restoration Program. a) If we do not receive funding from this program, the City will use additional DIF money in the project. b) Whatever portion of the grant is received will be used to replace local fund . These -- funds will then be used on other appropriate local projects. D 9. The legislation authorizing this program requires applicants to provide a local contribu- tion to the costs of the project. This contribution can be monetary, materials, labor, volunteer labor, staff time, or land easements. Please state how you will meet this requirement. The City of Chula Vista is providing the staff time to design and oversee the construction of the Telegraph Canyon Creek project. . ~ , Pøge6 0/8 \~ ../0 , D 10. Please outline your proposed budget. Quantify, when possible, the components of your planning or design process, the areal (lateral and linear) extent of restoration work, labor, materials, and equipment requirements. Indicate portions to be funded by DWR and by other sources. The Telegraph Canyon Road widening and Channel Revegetation Project is being funded by local and Federal sources. These will include FAU funding, Defense Access Road funds, local DIF funds and also some money from this Urban Systems Restoration Program. The majority of the Federal money will go toward the road work, although some FAU money may go towards the creek since its improvement is rquired for the roadway improvements. Any DWR funds obtained through this grant will go towards the creek revegetation and enhancement. The balance of the costs will come from the City's DIF fund. The contractor's bid and engineer's estimate did not break down the costs for the roadwork and channel work separately. Included here is an estimate for the channel work based on the contractor's unit prices for the whole job. TELEGRAPH CANYON CREEK BUDGET , Summary Listing Earthwork $173,242 Drainage Improvements 351,165 Miscellaneous Improvements 52,996 Landscaping & Irrigation 90,777 TOTAL $668,190 $200,000 to come from grant request $468,190 to come from local DIF and FAU funds .=~ Have all of the questions been answered? An incomplete application will be disqualified. Application (and seven copies) must be postmarked by January 31,1992. . Pøge7of8 '\~~ II . ---..-------,.,.,..----- . ~ Checklist Have you included? I .. I Signatures I I Applicant resolution I I Cosponsor resolution I ~ Fiscal agent (if necessary) I ~ Letter of support from property owner(s) (if necessary) I I Diagrams of project I I Detailed plans and specifications I , CEQA requirements I ~ Appropriate permits or agreements . I I Detailed estimated budget I I Original application and seven copies - ::~ . PIIge8of8 \~.. i;L. ~.-'........~,"_. ,-.....~_. >_"__m~·<_x__'~.~·-'_ _._.______________....,.. -_.~.-" " ..--.~.--,,~-. ,,-_.... ..-~_._.....- \... \ , ,,~ \;., ; 1(; ~ ' , r1 ' \ ,j 0 L ~ ì ~ . . ~__J ":~_":, \ I \.r---/' . I ; , ~ , . , , en - / , . . u'_ -~ 'U:- - ".: z , :;c , ' - - · . .., ~ · ~ .. " \.,/iì · l- f, ' '" O. ¡ .~ Z ) : ~ !i:"", \' ~'\.' 'I' :=;) ~ I ..III . I . ,¡~-~, "",!~ ":9-... 0 - -.... '<. .. ~ ....';. ~ .'... ,I : . . > ,... , .... ..I ... _! : '<:_ I , :=;) I . f ' -. '(, , ~ :._ ! \ ".... '\.;O~- · ,'J ; · · < (r- , \ ~\ ,~_~ ........................... [_...-"/ I . ~ -, ~ ~ ¡ ';-- ' , I cñ o ' ' ~ ( I' (i ~ ' '. "'0",) "..... Q.. ~ "1(,'\",.!: :..' < Q;: ~í ' , 'L'. ,0 '1 ~ ", <>s·J ' \ }.......<, : , .~,~. - " 0 '.~ . "^,. 1 ...~ .. =- J ,\\00: , I ' X - ..... " ' ~ r:: fl· ~. '¡Z~i ,. ' .' Q.. .' < ~4f'+_ -. ~.."._.... a: ; . . '"." ./1 ,,.,,~ \"1 . " C!' \.' . J~, '\\ '1_ 0 ~ ' ~, \, ì\ Q.. '"'1 -..E ~ " . 0-, 0 'Ú"o ........ -' \' ;>¡, ~ " j . L_._ . - "- I- 0< W , I- :t1j , , :=;) ~ "- ^ ' Z h ...7 , I 5Ë ., r " , en t, : ,." ," ,'I .-' It) W ...~ ,;/ ""/1 '..I "' ~ \ . "'"C!' " · I ' . .. ( . ", .t, /.\ E . 'z ~j . I ; \ . CI.!< L' , ~1; . " . ~a: /~ . ~ · en 0 ( , - "< .<tÌ , , , .::I:=;) ~j , l . Zo .. . . O~ 'Ii a;. \ ~. ". \ /, , " ", Zl- .., · ' . 0- · , . -0 1-..1 « Oz 00 .. ..I- I- I- 0 < W Z -, 0 0 a: Z Q.. < , CII 0 W 0 a: 0 :=;) C\I C) - - u. .. .. - 0 .......---- -.... r:;·=CC.C::C! . j VI: C H U L A V 1ST A C HAM B E R 0 F COM MER C E I ~.==._.~~C.. .....cm·c _c..-.. '__"_''''_~'''= ==.=. ...c. ..... AN INVESTMENT IN January 29, 1992 THE FUTURE BOARD OF DIRECTORS President . Mike Green state of Callfornia Department of Water Resources President Elect Local Assistance Division Pat Cavanaugh Urban Stream Restoration Progral!l P.O, Box 942836 Vice Presidents: Sacramento, CA 94236-0001 Truman Brooks Attn: Earle Cummings, Program Manager Diane Flint Mike Maslak Re: Telegraph Canyon Creek Restoration Project - between Chuck Pater Apache Drive and Rutgers Avenue Members: . Russ Bullen Dear Mr, Cummlngs: Mike Collins Steve Collins The Chula Vista Chamber of Commerce supports the Rod Davis Telegraph Canyon Creek proj ect. This proj ect, which is very RobM GarCia important for flood control and establishment of riparian Tim LewIs habi tat, is a terr if ic example of a project which will Scon McMillin directly benef it the citizens of Chula Vista. Tom Michelli Dave Michelson Al though time has been too short to obtain a supporting "Iorm >1!chlns resolution of the Chamber's Board of Directors, this matter ~ndasouc~ will be brought up at our February 12th Board meeting. You B~~T~~~eas Iro can expect such a resolution shortly thereafter. John Vugrin , Slncerely, Past President ~., _, . 51 Jim Biddie r~6 .I a~..... Chief Executive MICHAEL A. GREEN Officer President Donald R. Read Chula Vista Chamber of Commerce ·MAG/wah 233 FOURTH AVENUE' CHULA VISTA CALIFORNIA 91910' TEL. (6191 420-6603 \~..IU .., -.".- - - -_._- - ._.- . - ~J/?- ~~~~, "'"...,.¡¡¡;::~~ ~--,-:;,.,.. CllY OF OFFICE OF THE MAYOR (HULA VISTA TIM NADER January 29, 1992 File # AN-01~ - state of California Department of Water Resources Division of Local Assistant Urban streams Restoration Program P.O. Box 942836 Sacramento, CA 94236-0001 Attention: Earle Cummings, Program Manager TELEGRAPH CANYON CREEK RESTORATION PROJECT - BETWEEN APACHE DRIVE AND RUTGERS AVENUE In accordance with the grant application program for local stream restoration projects we are submitting this letter to express our support of the subject project. The Telegraph canyon Creek project is considered a major project in the eastern territories of the City of Chula Vista. The Chula vista city council will act upon a resolution supporting submittal of the attached application during the month of February. We thank you for your efforts in coordinating this program, - ~ r-: -- - TIM NADER MAYOR SMN: rb Attachment (SMN1\RESTORPR.LTR) \~ .../$ 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 91910116191 691.óQ4" .....~--~_. ,--~ ......___ ...__ J!-: COUNCIL AGENDA STATEMENT Item ~ Meeting Date 2/2 2 ITEM TITLE: RESOLUTION b I?bt.. Approving the Agreement Between FN Projects and the City of Chula Vista to provide low- and moderate- income housing SUBMITTED BY: Community Development Director C ~. REVIEWED BY: City Managel1! (4/5ths Vote: Yes _ No...xJ BACKGROUND: At its meeting of February 18, 1992, the City Council raised certain issues regarding the proposed agreement to provide low and moderate income housing in Salt Creek 1. Council requested staff to return with a report addressing these issues relating to deed restrictions imposed on the low-income units at their next meeting, along with a revised agreement if appropriate. Attached hereto is the previous staff report and revised agreement. 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: Council expressed the desire to impose an affordability duration on the Salt Creek I units of more than 10 years. The Council also desired that those units have an owner- occupancy requirement. Staff and the City Attorney have met with FN Projects and have come to agreement on the recommended revisions to the Salt Creek I agreement. DURATION: The agreement has been amended to require a deed restriction of 15 years, rather than 10 years (Section 4). Fifteen years affordability duration for for sale housing is programmatically acceptable. It is recommended in light of legal issues discussed in the City Attorney's confidential memorandum provided to the Council with the agenda. Other revisions have been made which address the duration of affordability. They are: 1. When resales occur during the IS-year affordability period, they will be to low income buyers unless an exemption based on hardship is granted by the Community Development Director. \"1..\ .---.~- Item ~ Meeting Date 02/25/92 2. The City's deed restriction for affordability, where it must be subordinate to a lender's purchase money first Trust Deed, will have right to notice, cure, and subrogation in a foreclosure, unless the Community Development Director determines it is necessary to waive that right to secure lender financing of the unit. The risk of such a waiver is that the City could not step in to "save" the unit for low income occupancy; the City would only receive its subsidy back, which it could then use for other housing assistance. This is a typical, acceptable risk in such programs. OWNER/OCCUPANCY: The agreement has been revised to require that the low income units be owner/occupied (Section 4). This requirement will be enforced through deed restrictions and financing instruments; however, the Community Development Director is authorized to grant exceptions in what he deems special, hardship circumstances. DEVELOPING DEED RFSTRICTIONS/SUBSIDY MECHANISMS: Subsequent to this agreement, staff and FN Projects will develop the specifics of the deed restrictions and the subsidy mechanisms. As conceptual consensus already exists, staff and FN Projects anticipate quickly achieving those specifics which are consistent with the basic requirements of Section 4 of the agreement. Both parties are committed to completing that process in 30 days. The resolution authorized the Community Development Director to approve the deed restriction language. The agreement prevents FN Projects from closing escrow on the low income units in the unlikely event that agreement on the deed restriction language cannot be reached. 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 I. [AO/A,ISALTCRK.U3] )\4...7-{ '1"~ ..----- RESOLUTION it- SO/,ø 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 COUNCn.. 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% 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 #C09I-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: u¡ (JL~ Chris Salomone, Executive Secretary and Community Development Director [AG\A:\SALTCRK.RESO N·'s !IJI-I, ....--.........-...- RECORDING REQUESTED BY: ) City Clerk ) ) WHEN RECORDED, MAIL TO: ) ) City Of Chu1a 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 Chu1a Vista, California, as more particularly described on Exhibit nAil attached hereto and incorporated herein ("Salt Creek ¡II). 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 protect units (approximately 55 units) to low and moderate income housing." D. city and Applicant entered into that certain Supplemental Subdivision Improvement Agreement known as Document #C09l-08l, 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 Chu1a Vista Tract 89-9, Unit 4, to the remainder of Salt Creek I ("Condominium Housing Area") as more particularly described on Exhibit "B" fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 1 \4. -1 ...--------.----.,..--......... 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 Condition 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. 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 20% 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. fn1. wp FN Projects Affordable Housing Agreement February 21, 1992 Page 2 14 ·t . -------..,._~- 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 HousinQ 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 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 Subsidy. 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 w~thin 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 Housing Area. Such program shall be implemented subject to the provisions set forth below. 4.3.1 Deed Restrictions for Low Income HousinQ Units. For each Low Income fn!. wp FN Projects Affordable Housing Agreement February 21, 1992 Page 3 \ll-î p___.___._ ---- Housing Unit the city shall have the right to impress, prior to the initial sale of any such Low Income Housing Units, such covenants, conditions and restrictions against title ("Deed Restriction") to such units as City deems appropriate and necessary to implement and preserve the Low Income Housing Units, but at a minimum shall require (1) that the Low Income Housing Unit is occupied primarily by the owner of the Unit ("OWner-Occupancy Condition"); (2) that the Low Income Housing Unit is transferred only to subsequent purchasers who would qualify as Low Income Purchasers except under such conditions as may be deemed appropriate (such as death, divorce, or other hardship etc. ) by the City's Director of Community Development ("Subsequent Purchaser Qualification Condition"); (3) that the gross sales proceeds on subsequent sales of the Low Income Housing Unit does not exceed the seller's investment in the unit plus an adjustment for cost of living increases ("Limitation on Gross Sales Proceeds condition"); and (4) that the City shall have the right to be notified of a proposed subsequent sale, and to be offered the right to acquire the Low Income Housing Unit at the maximum permitted gross sales price ("Right to Purchase") , which Deed Restrictions shall remain operative for fifteen (15) years from the date of the initial sale of the unit by the Applicant ("Initial Sale"). 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 Restrictions shall include a provision which states that, if the City or its assignee does not exercise its Right of Purchase, the Right to Purchase shall terminate. The Deed Restrictions shall be in a priority position to a purchase money lender's security interests; however, a good faith demonstration by the Applicant to City of need for subordination in order to secure financing, the City shall agree to subordinate the Deed Restrictions to the lien of a purchase money deed of trust provided the form of such subordination meets with the city's reasonable satisfaction, not unreasonably withheld, and provides City with the right to receive notice of, and the right to cure, any defaults and to be subrogated to the rights of the lender upon such cure, or contains such other terms as may be acceptable to the Director of Community Development. 4.3.2 Non-Subsidy Deed Restrictions. Inasmuch as the City shall have the right to impose the Deed Restrictions as to Low Income Housing Units for which the City has not provided a subsidy or any other assistance, ("Non-Subsidy Deed Restrictions"), city acknowledges that the Non-Subsidy Deed Restrictions 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 Restrictions. 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 other than the Low Income Housing Unit Purchaser as a result of a breach by a Low Income Housing Unit Purchaser of any Non-Subsidy Deed Restrictions affecting such Low Income Purchaser's Unit. City further agrees that it will not take any actions during Applicant's Initial Sale Marketing efforts, but not for a period of longer than 3 years from the first Initial Sale, to enforce the Non-Subsidy Deed Restrictions if such actions will adversely impact Applicant's ability to market the remaining units in Salt Creek I. City shall indemnify, 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 Restrictions and any actions filed by the City to enforce such Non-Subsidy Deed Restrictions. 4.3.3 Deed of Trust. In addition to the Deed Restrictions, City shall, in cases where City provides a subsidy to a Low Income Purchaser, have the right to impose a Deed of Trust second in priority to a purchase money lender's deed of trust against such Low Income Housing Unit ("City's Deed of Trust"). The form and content of such Deed of Trust shall be agreed to by City and Applicant fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 4 14 -to "- .,-.-.--.-.--.-.-----.- concurrently with City and Applicant's approval of the Deed Restrictions pursuant to section 4.3.4 below. 4.3.4 Recruirements Reoardino Deed Restrictions and Deed of Trust. Any Deed Restrictions or City's Deed of Trust imposed under Sections 4.3.1 or 4.3.3 shall be imposed in accordance with the requirements set forth below. Any Deed Restrictions or City's Deed of Trust permitted under Sections 4.3.1 and 4.3.3 shall be imposed at the time of the Initial Sale. City agrees that any additional Deed Restrictions, not contemplated under the provisions of 4.3.1, shall not unreasonably adversely impact Applicant's ability to market the remaining units within Salt Creek I. City shall obtain the prior written approval of Applicant to any such additional Deed Restrictions at least nine months prior to the implementation of such programs or Deed Restrictions and City and Applicant shall use due diligence and good faith efforts to reach agreement on the form of such Deed Restrictions, additional Deed Restrictions, and City's Deed of Trust within 30 days of the recordation of this Agreement. The approval of Applicant to any additional Deed Restrictions shall not be unreasonably withheld by Applicant. If Applicant reasonably withholds its consent to the imposition of additional Deed Restriction, Applicant and the Director of Community Development shall meet, in good faith, to reach agreement on a form of Deed Restrictions which will be acceptable to both Applicant and City. Until there is an agreement on the content of the Deed Restrictions and City's Deed of Trust, the Applicant shall not engage in any Initial Sales of such Low Income Housing Units, unless permitted by the Director of Community Development. S. 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. Reportino Recruirements. 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. 6.3 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 fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page S l4: .. Il ._m_._~__..~__.._.,_ 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 Marketino Plan and Dutv to Market Low and Moderate Income Housino 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 with 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 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. Exoeditina Issuance of Buildina Permits and processina of Maps. 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 fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 6 14..11. ...------...-.--..----- Salt Creek I- ll. 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 Unita. 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 Bold 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 provisions shall be applicable to the phasing of units in the Condominium Housing Area. 11.1. 2 Comcliance 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 fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 7 \4..l !> --_._--,,---~~._-~-_.~--- 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 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 es;row 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 I 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" 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 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 fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 8 lll..l~ . -~~-".__...._-,._- obligations under this Agreement, subject to any privacy rights afforded to any such purchasers. 13.3 Reliance bv A'CDlicant. 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 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 (H) 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 (Hi) 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 (H) singular number includes the plural, whenever the context so requires. 13.6 Modification. No modification, waiver, amendment, discharge or fnl. wp FN Projects Affordable Housing Agreement February 21, 1992 Page 9 lLl . l5 .-"-.---.--...-.---..-- . 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 Bought. 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 Bindino 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. 13.9 Entire Aareernent. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and all 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 r. 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 invalid 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 Governino 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. 13.15 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. fn1.wp FN Projects Affordable Housing Agreement February 21, 1992 Page 10 \4..11tJ m_.__________.____._ CITY: Dated: THE CITY OF CHULA VISTA, a municipal corporation By: Tim Nader, Mayor APPLICANT: Dated: FN PROJECTS, a California corporation By: Its: By: Its: APPROVED as to form and content. Bruce M. Boogaard City Attorney fnl. wp FN Projects Affordable Housing Agreement February 21, 1992 Page 11 t'{.. \1. -.--------.--,--.-.--- Exhibit List Exhibit 1. Phasing Schedule fnl. wp FN Projects Affordable Housing Agreement February 21, 1992 Page 12 \4.. 18 n .~--_._---_._- ----- SCHEDULE 1 SALT CREEK ONE LOW-INCOME HOUSING CONSTRUCTION PHASING SCHEDULE Phase 'NOa of UnitR 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 - I ~..Ir . -~ -_..__._~ ,-.- -",.-'--....---.-"---.--------+ ~.-.~...-- 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"-' Page 1 of 2 · ... /~,Jj) f , . 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 CHULA VISTA, a municipal corporation By: Director of Community Development EXHIBIT "B"-I Page 2 of 2 - ,.,.... I,/'-J/: , ..--...- ~ ..... -------~._-" --_._...,"~_. --.---- --'-'-"-, .--.->--. · EXHIBIT "A" -~ Legal Owner I l'HP, Inc. ~he Legal Description for Salt Creek One is I ·Parcel 1 of Parcel Map 16033 filed in the County Recorder's Office of the County of San Diego on March 22, 1990 of Pile Humber 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 Coúnty Recorder's Office of the County of San Diego on March 22, 1990 of Pile Number 90-152376.·, except the south eastern 33.5 acres which are designated for residential densities in excess of 5 dwellings unites per acre. ~ , - fit.. ).2.. I ¡- EXHIBIT "8" PARCEL 3 --.....--- Au. THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, FILED IN 'tHE SAN DIEGO COUNTY RECORDER'S OFFICE ON MARCH 22, 1990, HORE PARTICULARLY DESCRIBE!> AS POLlDWS: I BEGINNING AT A POINT ON 'l'HE EASTERLY loINE OF SAID PARCEL MAP, DISTANCE THEREON, SOUTH 00 DEG OS' 00· EAST, 2026.58 FEET PROM THE NORTHEASTERLY CORNER 'l'HEREOF; 'l'HENCE LEAVING SAID BOUNDARY SOtJ'l'H 89 DEG 55' 00· WEST, 72,00 FEET TO A POINT ON 'l'HE ARC OF A 1964.00 FOOT RADIUS NONTANGENT CURVI, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NOR'l'H 89 DBG 55' 00· EAST; THENCE NORTHERLY ALONG THE ARC or SAID CURVE THROUGH A CEN'l'RAL ANGLE OF 02 DEG 20' 37·, A DISTANCE OF 80,34 FEET; 'fIŒNCE NON- TANGENT TO SAID CURVE, SOUTH 89 DEG 55' 00" WEST, 219.26 FEET; THENCE SOV'l'H 75 DEG 27' 51" WEST, 50~00 FEET; THENCE SOtJTH 63 DIG 45' OO~ WEST, 376.60 FEET; THENCE, SOV'l'H 57 DBG 56r 07" WEST, 91,72 FEET TO A POrNT ON THE BOUNDARY OF THE ABOVE MEN- TIONED MAP NO. 12827; THENCE, SOtJ'l'HERLY ALONG SAID BOUNDARY '1'0 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, 511.28 FEET, AND NORTH 00 DEG 05' I 00" WEST, 605.72 FEET TO THE I'OINT OF BEGINNING, I 10/17/91 89063N , I I ! ! i & I , ; , , " I I . I . I - . I I I . , , I I ~"~.3 --- .----<-- _.._..AL._" ___ _ _....__ . ... ...------.- --- .-,.-- .. -.,.---- . . -"--.--., . . . , . . . ~ - , COUNCIL AGENDA STATEMENT It_ 1.5 Meetinq Date 02/25/92 ITEM TITLE: Report: Feasibility of Enacting a Park Development Impact Fee (DIF) for Apartments in the Western Part of the City SUBMITTED BY: Director of pa~~nd Recreation~ Budget Manager~ REVIEWED BY: City Manager?' (4/5ths Vote: yeS_NO..JL) V Referral No, 2514 At the December 10, 1991 Council meeting, Council directed staff to return on January 21, 1992 with a report and recommendations on the feasibility of charging a Park DIF for apartments. For the January 21, 1992 meeting, staff sent an information memorandum to the Council describing the complexity of the research being performed in making a determination for recommendations to the Council on this issue. This report will further discuss the status of staff's research, the continuing complexity of the issues, and a need to establish a Parks and Recreation Master Plan for parks and recreation facilities city-wide. RECOMMENDATION: That the city Council authorize staff to return during the FY 93 budget deliberations on how to achieve a Parks Master Plan. BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista 2000 report stated a Parks Master Plan was needed. The Chula vista 21 Committee recently supported the proposal of a Parks Master Plan. BACKGROUND: During Council discussion on November 5, 1991, under the issue of a waiver of PAD fees, Council inquired about fees for apartments. At that time, staff informed Council that the city does not collect fees for apartments. In most cases, this was an accurate explanation, because apartments, for the most part, are being developed under a tentative map. In the majority of developments in the eastern territories, PAD fees were waived for developers who , build turnkey parks that exceeded the PAD fee requirement (Discovery Park, Bonita Long Canyon, Sunbow, etc). In cases where a developer does not furnish the required park amenities, the current PAD fee collected from each mUlti-familyjcondomin- iumjapartment unit is $2,990. lparkdi f2] 1 ~5 -I ....'TC!.T'O"l'ft ',':'I!oo:\ ....,.",.... .0:11,..1'\ ,.".... ....ho~o ,...,.........-;.ð,.......~ ~ .........""",...;.p;,... _,.......................ç .........._..... Item IS Meeting Date 02/25/92 However, in certain cases in the western part of the city, where a tentative map or a parcel map is not required, fees are not collected due to the legal constraints set forth in the Subdivision Map Act. In the western area of the city, the maj ori ty of apartment developments are built on existing developed property, for which a parcel map has already been filed and approved. In rare instances, apartments follow a plat consolidation, if the apartments are built on contiguous parcels. In the December 10, 1991 report to Council discussing an analysis of the proper fees for the western part of the city, staff included a survey of California cities. The survey disclosed that 34 cities do not have a Park DIF for apartments outside of the Subdivision Map Act. Other cities are facing the same complex issues as Chula Vista in determining the legality and equity of fees. The City of Chula vista does collect a Residential Construction Tax (RCT) on apartments and single family dwellings in Chula vista. The RCT funds are used as a monetary resource in the city's Capital Improvement Program. The current fee for apartments under the RCT ordinance is $250 per apartment unit plus $25 per unit for each bedroom over 1. RCT is collected city-wide. DISCUSSION: Park DIP for ADartments As suggested in the December 10th report, one approach to collecting fees for apartment developments, outside of the tentative/parcel map or RCT process, would be to establish a Park Development Impact Fee (DIF), similar to the DIF funds presently in place for other public improvements. Examples of current DIF projects are: Transportation DIF; civic Center Expansion and Parking; New Corporation Yard; and the Geographic Information System (GIS). For each of these projects, a specific scope of work was proposed and a determination was made for the actual costs to construct or implement a pre-defined project. Each DIF project is a separate fund, with a separate fee being collected. For instance, the DIF fee for the GIS is $252 for each undeveloped acre in a construction project. For the civic Center Expansion and Parking, the fee is $2,951.20 per acre. DIF fees are also calculated alternatively under the equivalent dwelling unit (EDU) system. For the GIS, the fee per EDU is $45; for the civic Center Expansion and Parking, the fee per EDU is $527. [parkdi f2] 2 /5..2. Item IS Meetinq Date 02/25/92 AB 1600, the state law enacted to allow cities to exact fees from developers for relief of growth impacts, contains restrictive criteria which all cities must meet. Some of these criteria are: criteria "A": A need for service improvements resulting from new development should be demonstrated. There must also be a demonstrated need that the impact on the park facilities comes from a newly built development, such as apartments; not when there's a need from an existing park deficiency. Discussion: The need for additional parks and recreation facilities in the western part of the city is amply demonstrated with the city's established park acreage standard of 3 acres of parks for every 1,000 residents. The current park ratio on the eastern side of 1-805 is 5.18 acres per 1,000 (population of 39,108; park acreage of 202.5). 1 The ratio on the western side is 1. 23 acres per 1,000 (population of 100,042; park acreage of 123.95). 2 The park ratio for the entire City is 2.35 park acres per 1,000 residents (total city-wide po~ulation of 139,150; existing city- wide park acreage of 326.45). Given the current population of Chula vista of 139,150 and the park standard of 3 acres/1,000 residents, the City should have 416.45 acres of parkland. As we currently have 326.45 acres in parkland, there is a shortfall of 90 acres.4 In spite of the apparent western Chula vista park deficiency, there must be a determination made that the consequences of a multi-unit apartment complex being built in western Chula vista has a direct impact on the park facilities already being utilized by current residents. Since the current ratio for the west is 1.23 acres, the City is not able, under the DIF legal requirements, to request the 1 39.108 (DODUlation) = 39.108 202.5 (acres) = 5.18 acreo/1,000 1,000 39.108 2 100.042 (DODUlation) = 100.04 123.95 (acres) = 1.23 acreo/1,000 1,000 100.04 3 139.150 (DODUlation) = 139.15 326.45 (acreo) = 2.34 acres/1,OOO 1,000 139.15 4 139.150 (DODUlltion) = 139.15 3:1,000 less 2.35:1,000 . .65)1,000 deficilnt 1,000 (139.15 x .65 = 90.4475 Icreo) [parkdif2] 3 IS''':; .."_._- Item JS Meeting Date 02/25/92 developer to bring the city's parks to a ratio higher than the city currently provides in that specific area. If the City wishes to improve the park deficiency ratio in the western area, under DIF state law provisions, the citv must provide the funds to bring any current park deficiency up to the established standard, not the development or construction project. criteria "B": Money can be collected for capital expenditures only if there is a reasonably definite Dlan for its expenditure, Plus, the fee charged must not exceed the cost of actual improvements required by the new developments. Discussion: The City would be required to determine where improvements are needed, define the scope of the project, and prepare a cost estimate for each project to be included in the Park DIF fund. As an example, it may be determined that $5,000,000 in parks projects is needed on the western side of Chula vista by the year 2000. The fee which would be charged each apartment unit being built could not, in the aggregate, bring in funds exceeding the $5,000,000 estimated cost of the projects in the Park DIF. criteria "C": The expenditure of funds should be localized to the areas from which they were collected. Discussion: The funds collected from apartments for a Park DIF project are to be spent for the acquisition, renovation and enhancement of a park facility relatively accessible to the apartment complex from which they were collected. It would not be considered a localized use of funds for Park DIF fees collected in the Montgomery area, if the funds were used on park improvements at Eucalyptus Park in the north area of the city. Summarv: The above criteria are only a few of the legal considerations which must be addressed in determining the implementation of a Park DIF. staff believes a Park DIF for apartments is not a feasible alternative because the revenue stream cannot be guaranteed. The Park DIF legal components are very restrictive and do not allow the city the flexibility it needs to enhance parkland. The Council had indicated an interest in the referral to staff to have a proposed fee implemented as soon as possible. However, when the City proposes or revises a fee structure, there is an approval process to be followed. Notification is made to affected property owners and developers. Meetings are held to gather input on the [parkdi f2J 4 /!"..</ ---..- It_ I~ Meetinq Date 02/25/92 fee's applicability and equity. The time table on an approval process is a minimun of fou~ months, followed by a sixty (60) day period before an ordinance becomes effective. This process was used when the City revised the PAD fees in Winter, 1991 and the result was a cooperative consensus to bring the fees forward for Council approval. Potential Revenue from ADartments Under A New Fee structure While staff was researching the possibilities of new fees for apartments; the Planning Department was requested to furnish information regarding the potential number of multi-family units to be built in Chula vista, and the likelihood of these units being built. In preparation for SANDAG Series 8 forecasts, the Planning Department prepared a detailed analysis of R-3 build-out potential in western Chula vista; and areas of eastern Chula vista which are not within large-scale planned communities. The Planning Department states that, under current R-3 zoning, there remains the potential for 2,790 additional apartment units in western Chula vista. Based on historical averages in the city, 200 multi-family apartments are built each year in western Chula vista. However, three factors will most likely reduce these numbers: (1) the potential for continued slow economic growth; (2) the increasing costs of developing and redeveloping the remaining R-3 zones properties; and (3) the potential of further reductions in dwelling unit potential by the City Council to resolve plan/zone inconsistencies. It now costs the City $373,700 per acre to acquire and develop an acre of park land. A fee amount of considerable magnitude would have to charged to collect enough revenue to increase the amount of park acreage and narrow the gap of the City's parks deficiency. Analvsis of ProDosina a Fee structure Chanae Discussed above are the complex issues involved in making recommendations for proposed fee structures under the existing state laws which provide the authority to cities to implement fees to mitigate the impact of growth from development projects. Each law has its own regulations which must be compared to each other and studied. In each statute, the law asks a city to make an analysis and propose a clan for action in order to meet the legal criteria and then propose a fee to charge to developers. The use [parkdif2] 5 , I~"'S I:tem IS'" Meetinq Date 02/25/92 of the fees is restricted. A city must show cause that growth has impacted its facilities. There are time limits that must be met for the building of the amenities after the collection of fees, or fees must be refunded (usually 5 years). The analysis staff has made thus far, makes the point that, in order for the City to change a fee structure for any residential unit, there must be a plan for acquirinq and developing parks and recreation facilities. PROPOSED ACTXON PLAN AND RECOMMENDATXON: In order to propose any fee structure which would increase revenue to be used to add and improve park and recreation facilities in western Chula vista, a master plan for facilities should be adopted. The Department is recommending the funding of a Parks Master Plan. The Master Plan would include, among other components: * An inventory of existing and proposed parks, open space, trails, schools and related amenities; quantify and analyze all private recreation amenities and privately owned commercial recreation facilities. * An evaluation of the current city park acreage standard as it relates to the needs assessment. * Identification of park deficiencies. * An analyze the existing and potential distribution (city- wide) of park land and related amenities by function and service area. * A fiscal and implementation analysis whereby recommendations will be made for a park acquisition/de- velopment priority plan; cost estimates for acquisition, development, and maintenance to be included in the priority plan; and identification of funding alternatives. A Parks Master Plan would give the City the framework for an analysis and decision process to make future recommendations not only on proposed fee structures to implement the components of the Park Master Plan, but to proceed in the planning process for individual park Master Plans in an orderly and organized manner. The city's adopted General Plan calls out for Parks Master Plan to be implemented. Just as the City's General Plan aids the Council and staff in determining the placement of the City's amenities and [parkdif2] 6 J ç;¿>f. It_ ¡r Meeting Date 02/25/92 infrastructure, a Parks Master Plan will work in conjunction with the General Plan in the implementation of parks facilities. FISCAL IMPACT: As part of the budget process, staff will discuss alternatives for accomplishing a Parks Master Plan. If the Plan is done completely by a consultant, the Plan could cost $125,000. [parkdif2] 7 IS" ·7 ----~...,-- COUNCIL AGENDA STATEMENT Item } ~ Meeting Date: 2/25/92 ITEM TITLE: A. Resolution II. C;",2- Certifying the Final Environmental Impact Report for the Palomar Trolley Center Project (EIR 91-02) SCH #89032915 Public Hearing: GPA 91-04, PCA-91-F, City initiated proposal to amend the General Plan from "Research and Limited Manufacturing" to "Retail Commercial", to amend the Montgomery Specific Plan from "Research and Limited Industrial" and "Other" to "Mercantile and Office Commercial," and to rezone from I-L-P to C-C-P certain 3 acre territory located south of Palomar Street between Broadway and the MTDB Palomar Trolley Station. The precise boundary of the proposed amendments and rezoning are depicted in Exhibits A, B, and C. B. Resolution I. ;" ~ Amending the General Plan on Conditions for the Palomar Trolley Project and Zone Consistency Subarea B-3-A and Amending Conditions on the Montgomery Specific Plan Making CEQA Findings and Adopting a Mitigation Monitoring Program C. Ordinance '2..'14' Changing the zone classification from I-L-P to C-C-P for the 3 acres depicted in Exhibit C, including adoption of the supplemental findings for application of the "P" modifier and ratifying tentative action from February 4, 1992, to change the zone classification for Zoning Consistency Subarea B-3-A from R-3 to R-3-P-22. SUBMI'ITED BY: Director of Planning ¡:Jl1 . ,. Director of Community Development c::... REVIEWED BY: City Managerff' (4/Sths Vote: Yes_No.xJ 11..-1 ..__.._._------~.." Page 2, Item J i;, Meeting Date: 2/25/92 BACKGROUND: PALOMAR TROLLEY CENTER The subject City-initiated General Plan Amendment, Montgomery Specific Plan Amendment, and Rezone for 3 acres located on the southerly side of Palomar Street between Broadway and Industrial Boulevard are required actions for implementation of an expanded 18.2 acre Palomar Trolley Center commercial project pursuant to City Council/Redevelopment Agency direction in August 1990. Pacific Scene, Inc. originally processed plans for development of a 12.2-acre commercial center known as the Palomar Trolley Center project. The project is located south of Palomar Street between Broadway and the MTDB Palomar Trolley Station. The project included a General Plan Amendment/Specific Plan Amendment to redesignate the 12.2-acre site from "Research & Limited Industrial" to "Mercantile & Office Commercial" and rezoning of the site from "M52 " to "C-C-P". The preliminary plan (Exhibit D) proposed development of a community shopping center consisting of 128,387 gross square-feet of building space. The center was planned to include a major supermarket, retail shops, and 5 pads to accommodate drive-through commercial uses such as restaurants, banks and other financial institutions. An Environmental Impact Report (EIR) and an addendum to the EIR were prepàred for the original project. On August 28, 1990, the City Council approved the General Plan Amendment/ Specific Plan Amendment and rezone to designate the 12.2-acre site for commercial use on the condition that Pacific Scene agree to restrain itself from pursuing the 12.2 acre center while Pacific Scene and the Redevelopment Agency pursue an expanded center encompassing 18.2 acres. The expanded project was desired to provide a comprehensive development plan for the area and to provide additional sales tax and tax increment generation. On August 28, 1990, the City Council and the Redevelopment Agency entered into an agreement with Pacific Scene to pursue an expanded plan incorporating additional property located to the south and the east. The expanded project allowed for negotiation and analysis that would lead to an Owner Participation Agreement for an approximately 18.2-acre commercial, rather than the original 12.2-acre center. As part of the expanded project, the City has initiated the following plan amendments and rezoning: 1. A General Plan Amendment to redesignate three acres from "Research and Limited Manufacturing" to "Retail Commercial" (Exhibit A). 2. An amendment to the Montgomery Specific Plan to redesignate three acres of the site from "Research & Limited Industrial" and "Other" to "Mercantile & Office Commercial (Exhibit B). 1'- ..2.. . .------.--..,---,-.-----.----,-- Page 3, Item A Meeting Date: 2/25/92 3. A rone change for three acres from I-L-P to C-C-P (Exhibit C). The remaining three acres of the expanded project are currently roned and designated for commercial use and therefore do not require any plan amendments or zone changes. A Final Environmental Impact Report (FEIR) has been prepared in compliance with CEQA and the Environmental Review Procedures of the City of Chula Vista to analyze the potential environmental impacts associated with the expanded 18.2 acre project. The FEIR is discussed in detail in the attached environmental staff report. On June 4, 1991, the Redevelopment Agency entered into a Semi-Exclusive Negotiating Agreement (SENA) with Pacific Scene for the expanded project which supersedes the August 28, 1990 agreement. The SENA extended the Vesting of Rights of the 12.2 acre project for three years until June 4, 1994. Future discretionary actions which will also be required to implement the expanded project include: 1. A Development and Disposition Agreement (DDA) or Owner Participation Agreement (OPA) for development of the project in conjunction with the Redevelopment Agency. 2. Design Review for the project's compliance with current design standards and the design concept guidelines developed for the project. 3. Street vacations for two unnamed "paper" streets within and adjacent to the project. 4. Possible tentative maps for the subdivision of the property for sale, lease or financing. ZONING CONSISTENCY STUDY In addition to the Palomar Trolley Center item, the final resolution for the General Plan Amendment and the Zoning Ordinance reclassification include action on a separate item, Zoning Consistency Study Area B-3-A. On February 4, 1992, the City Council voted 4-1 to adopt the Negative Declaration (lS-91- 51) and direct the preparation of a resolution amending the General Plan and an Ordinance reclassifying the zoning for Zoning Consistency Study Area B-3-A, located west of Third Avenue, east of Landis Avenue, north of "E" Street, and south of "D" Street, in Central Chula Vista. J~..5 -- -~._------_._--_....__..- Page 4, Item (10 Meeting Date: 2/25/92 RECOMMENDATION: 1. Certify that Final EIR (EIR-91-02) for the Palomar Trolley Center is adequate and complete and has been prepared in compliance with CEQA and the Environmental Review Procedures of the City of Chula Vista. 2. Adopt a resolution to amend the General Plan by redesignating the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial" and ratifying tentative action from February 4, 1992 to amend the General Plan by redesignating Zoning Consistency Subarea B-3-A from Residential Low-Medium (3-6 du/ac.) to Residential Medium-High (11-18 du/ac.). 3. Adopt a resolution to amend the Montgomery Specific Plan by redesignating the 3 acres depicted in Exhibit B from 'Research and Limited Industrial" and "Other" to "Mercantile and Office Commercial" . 4. Adopt an ordinance to change the zone classification from I-L-P to C-C-P for the 3 acres depicted in Exhibit C, including adoption of the supplemental findings for application of "P" modifier, and ratifying tentative action from February 4, 1992 to change the zone classification for Zoning Consistency Subarea B-3-A from R-3 to R-3-P-22. The precise plan modifier for the Palomar Trolley Center Project (C-C-P zoning) is subject to the following condition: a. The City of Chula Vista shall enforce any appropriate legal mechanism sponsored by the Chula Vista Elementary School District and the Sweetwater Union High School District to mitigate impacts on school facilities. 5. Adopt a resolution adopting the CEQA findings and Mitigation Monitoring program. BOARDS/COMMISSIONS RECOMMENDATIONS: On December 16, 1991 the Southwest Project Area Committee voted 3-1-3 to recommend that the Montgomery Planning Committee approve the General Plan Amendment, and voted 4-1-2 to recommend that the Montgomery Planning Committee approve the Montgomery Specific Plan Amendment and the zone change. l(,-L/' ...--......--.--.--..---..... Page 5, Item I'" Meeting Date: 2/25/92 On December 16, 1991, the Montgomery Planning Committee voted 4-1-1 to recommend that the Final EIR not be certified, and recommended denial of the General Plan Amendment, the Montgomery Specific Plan Amendment, and the zone change. The Planning Committee was primarily concerned that the issues of traffic and economic dislocation (of existing businesses) were not adequately discussed in the EIR, and were not adequately mitigated by the project. On January 22, 1992, the Planning Commission voted 5-1 to recommend approval of the General Plan Amendment, the Montgomery Specific Plan Amendment, and the wne change. The Planning Commission voted 4-2 to certify the Environmental Impact Report. D. DISCUSSION 1. Existin¡¡ site characteristics The project site is generally rectangular in shape, relatively flat with a slight slope to the south and southwest, and contains approximately 3 acres. Existing structures on the project site include a landscape contractors storage yard, four residences and a church. The 3 acre site is located south of the original 12.2-acre project. The original 12.2 acre project site is vacant and has been used for vegetable farming until recently. Existing structures on the remaining 3 acres of the expanded project located at the comer of Palomar Street and Broadway include a convenience store and gas station, a laundromat, a restaurant, and an RV/trailer repair shop. The 18.2 acre expanded project site is bounded by Palomar Street on the north, the MTDB right-of-way to the west, Broadway to the east, and the SDG&E right-of-way to the south. 2. Adjacent General Plan designations The Plan diagram of the Montgomery Specific Plan (Exhibit B) designates the project site as Research & Limited Industrial. The designations adjacent to the 18.2-acre site are as follows: North: Retail Commercial/Mercantile & Office Commercial South: Parks & Open Space East: Mercantile & Office Commercial West: Institutional (Trolley station) I~ ..s ..........-.--- .......-.......-.......--.. Page 6, Item 1'- Meeting Date: 2/25192 3. Adiacent zonin~ and land use (Exhibit C) North: C-C-P Retail Commercial South: S94 SDG&E Right-of-way East: C-C-P Retail Commercial West: S94 SDG&E Right-of-way/Trolley Station 4. Desilm Final site plans and elevations have not been completed because the major tenant sites have not been established yet. However, a conceptual site plan (Exhibit E) has been developed which identifies !he general location of !he building pads, parking, internal circulation, and access points, as well as establishing a maximum development of 198,200 square feet of building space and 991 parking spaces (5 spaces per 1,000 square feet of building space). In addition, three potential site plans (Exhibits F, G and H) have been produced to illustrate specific site plans which could result depending on the size and needs of the major tenants. Pursuant to the Semi-Exclusive Negotiating Agreement, the project may be developed in 2 phases, wi!h !he westerly 15 acres comprising Phase I, and !he easterly 3 acres comprising Phase II, as depicted in Exhibit I. A substantial amount of time has been spent identifying, analyzing and clarifying design related issues. A design guideline booklet has been developed to define the project's architecture and parameters for development of the specific site plan once the major tenant sites are identified. The design guidelines will be revised when the major tenants are established and a specific site plan is completed. Major design issues which have been discussed include providing a strong pedestrian link to the trolley station, access, landscaping along Palomar Street, Broadway and within the parking area, and providing features to break up the linearity of the site and building. 5. SunnlementaI Information The agreement between the City and Pacific Scene which was entered into on August 28, 1990 included several project related amenities that were to be pursued as part of the expanded 18.2 acre project. These amenities include: (a) an on-site claycare center: (b) a traffic circulation loop which links the MTDB station, !he Trolley Center, and Jayken Way; (c) a linear park wi!h bike and pedestrian paths in !he SDG&E right-of-way; (d) a high volume entertainment center; and (e) a community center. A discussion of these community serving J/ø..¿, ---~--~---_. Page 7, Item J Iø Meeting Date: 2/25/92 uses,as well as tenancy, acquisition of expansion parcels, and tenant selection is included in Attachment 2. ANALYSIS Several factors support the plan amendments and rewning described above: 1. The subject property is immediately surrounded by commercially designated property to the north and west, and existing commercial development to east. In addition, commercial development also exists in the surrounding area north of Palomar Street and east of Broadway. The SDG&E right-of-way located south of the project serves as a buffer between the industrial uses on the south side of the right-of-way. Consequently, the proposed redesignation and rewning are compatible with the surrounding land uses in the area. 2. The proposed plan amendments and rezoning are City-initiated actions pursuant to direction by the City Council and Redevelopment Agency in August 1990 to provide for an expanded l8.2-acre commercial center, in lieu of the approved l2.2-acre commercial center originally proposed by Pacific Scene. The proposed redesignation and rezoning are required and desired to provide for a comprehensively planned development of the southwestern corner of intersection of Palomar Street and Broadway. Without the proposed actions, a 3-acre island of industrial and institutional uses lacking street frontage would exist surrounded by commercial development to the north, west and east. The additional 3 acres located south of the approved l2.2-acre commercial center provide additional depth which is needed to accommodate larger tenants. 3. The proposed plan amendments and rewning are required and desired for redevelopment of the property as part of a comprehensively planned commercial center which will implement the City's redevelopment plans for this portion of the Southwest Project Area. In addition to the physical and aesthetic revitalization of the area, the project will also provide revenue to the City through additional sales tax and tax increment generation. These funds will augment the City's general fund and will help [mance redevelopment efforts within the Southwest Project Area. 4. An Environmental Impact Report was prepared for the proposed plan amendments, rewning, and expanded 18 acre project. No significant, unmitigable impacts were identified with implementation of the expanded 18.2 acre project. The EIR analysis of the City of Chula Vista's Threshold/Standards /1,.., -.,.,.--.---.--'"-...-..--- Page 8, Item (l.ø Meeting Date: 2/25/92 Policy concludes that with implementation of identified mitigation measures, the proposed project will satisfy all of the City's Threshold/Standards Policies. In response to the concerns stated by the Montgomery Planning Committee regarding traffic and economic dislocation, the Final EIR contains 1) comprehensive mitigation measures for traffic impacts of the proposed project, which include road widenings and intersection improvements, and 2) a requirement that the disposition and development agreement(DDA) signed by the developer and the Redevelopment Agency include a clause which restricts the developer from leasing or selling to tenants or purchasers greater than 15,000 square feet of net useable floor area until the Executive Director of the Redevelopment Agency has approved the tenant. Approval can be withheld if the Agency fInds that the proposed tenant or purchaser is incompatible with the commercial mixture of tenants present in the market area of the project. 5. The Chula Vista Elementary School District raised concerns at the Planning Commission hearing on this project regarding inadequate mitigation of school impacts of the proposed project. In response to these concerns, City and School District representatives subsequently met to discuss an overall approach to mitigation of impacts of new development on schools. It was agreed that City and School District staff should jointly pursue the preparation of a 'school impact mitigation program" which would provide a consistent approach for requiring mitigation from all new development. Staff will return to the City Council with a work program for this project within the next 30 days. It is also recommended that, as a condition of the 'P" modifIer placed on the zoning of this project, the applicant be required to participate in any mitigation program which is approved by the City and the District. FISCAL IMPACT Redevelopment of the Palomar Trolley Center area is projected to result in a Phase I, 15- acre project valuation of an estimated $17 million. Assuming an existing land valuation of $1 million, and property taxes generated by the site at 1 % per year, based on pending agreements with taxing agencies for the Southwest Redevelopment Project Area, Agency annual tax increment receipts are estimated at $85,000. Assuming a square footage of 168,000 square feet for the Phase I center and an annual dollar per square foot sales at $150, City sales tax receipts at 1 % are estimated at $337,000 per year. Phase II receipts, using similar assumptions as above, would generate at development approximately $50,000 in sales and tax increment per year. Total City/ Agency receipts from the Phase I & II l8-acre project are estimated at $387,000. )~..fI -----.---.,.-..,,-.....--.,-.,..-.--.- Page 9, Item I~ Meeting Date: 2/25/92 It should be noted that tax increment receipts would be additional revenues to the Redevelopment Agency, and that project valuation increases over time could result in higher tax increment receipts. Sales tax receipts for the center would also likely rise over time, however, not all sales tax receipts would be new proceeds to the City. Some portion of the center's sales would come from existing sales within the City. _..h) '(.'''1 I'~ -/0 _.._--.._---~~..._------ ATIACHMENT 1 SUPPLEMENTAL FINDINGS FOR APPLICATION OF "P" MODIFIER Pursuant to Zoning Ordinance Section 1956.041, the "P' modifying district is applied based on the following: 1. The property or area to which the "P" modifying district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The SDG&E right-of-way to the south is zoned S94 and the surrounding commercial property to the north, west and east is zoned with a "P" modifier. The precise plan requirement for the subject 3 acres will ensure that the parcels are subject to the same design review as the surrounding property and that the project is compatible with the S94 zone to the south. 2. The area to which the "P" modifying district is applied consists of two or more properties under separate ownership wherein coordination regarding access, on-site circulation, site planning, building design and identification is necessary to enhance the public convenience, health, safety and general welfare. The subject property and the surrounding property to the north, west and east included within the 1S.2-acre expanded Palomar Trolley Center project are under 10 different ownerships. The "P" modifier will require design review of future site plan(s) to ensure conformance with the design concept guideline booklet outlining the design objectives for the IS-acre expanded project. The Precise Plan Guidelines to be attached to the property shall include the following provision: a. The City of Chula Vista shall enforce any appropriate legal mechanism sponsored by the Chula Vista Elementary School District and the Sweetwater Union High School District to mitigate impacts on school facilities. 1[,,- J I ._._---------"-----". ATIACHMENT 2 SUPPLEMENTAL INFORMATION RELATED TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE ON THE PALOMAR TROLLEY CENTER PROJECf The agreement between the City and Pacific Scene which was entered into on August 28, 1990 included several project related amenities that were to be pursued as part of the expanded 18.2 acre project. These amenities, as well as the issues of tenancy, acquisition of expansion parcels, and tenant selection are discussed below. 1. Amenities The Semi-Exclusive Negotiating Agreement requires the expanded project to either include or seriously consider several community serving uses: These include: (a) an on-site daycare center; (b) a traffic circulation loop which links the MIDB station, the Trolley Center, and Jayken Way; (c) a linear park with bike and pedestrian paths in the SDG&E right-of way; (d) a high volume entertainment center and (e) a community center. A discussion of each of these amenities is provided below: a. On-Site Daycare Center The Semi-Exclusive Negotiating Agreement requires Pacific Scene to construct a daycare center at their sole cost on land adjacent to the trolley station which is leased or owned by MTDB. This requirement applies only if an appropriate site is tendered to Pacific Scene by MIDB and a qualified operator can be retained. Pacific Scene and MTDB have explored the feasibility of an on-site or adjacent daycare center. Due to the potential health hazards from electromagnetic radiation from the high tension lines crossing the MIDB property, MTDB would not be comfortable with such a use. As an alternative, Pacific Scene has made substantial progress in identifying a daycare site across from the Palomar Trolley Station at the corner of Industrial Boulevard and Ada Street. It is anticipated that a 6,000 square foot day care center, suitable for serving approximately 100 children per day, will be constructed as part of a small housing development at the corner of Ada Street and Industrial Boulevard. Pacific Scene has identified a daycare operator that is interested in providing the daycare service. Pacific Scene and Agency staff are facilitating denlopment of the daycare center with the property owner. 11--/.2. ---. b. Traffic Circulation Loop The expanded plan agreement calls for a traffic circulation loop which would link the MTDB trolley station, the project, and Jayken Way. The intention of this provision was to accommodate traffic flow between the trolley station and the center, and to provide alternative northbound travel from the industrial park on the south through the project to Palomar Street and Interstate 5. Bus and auto circulation designs between the trolley station and the project are being developed for the project, the exact design of which will be addressed further in the process. However, at this point it appears that it would be undesirable to connect a traffic circulation loop for the project with Jayken Way for the following reasons: 1. The industrial park to the south, served by Jayken Way, does not generate heavy traffic. The northbound traffic from the park can be accommodated by the existing road system. 2. Connecting Jayken Way to Palomar Street would necessitate either taking traffic through the middle of the commercial center or carrying it parallel within a significant section of the SDG&E right-of-way to the trolley station. Neither design is desirable. Taking Jayken Way through the commercial center would split the center in a fashion which would be detrimental to the design of the center and would create a dangerous interface of pedestrians and vehicles. Running Jayken Way in an east/west parallel direction within the SDG&E right-of-way would be unacceptable to SDG&E, which desires to have perpendicular road crossings of its right-of-ways, and might be in conflict with SDG&E's future plans for upgrading the load capacity of the transmission structures in its right-of-way. The conceptual plans generated by Pacific Scene do provide for a service road along the outside of the project running parallel to the SDG&E right-of.way. c. Linear Park The Semi-Exclusive Negotiating Agreement calls for Pacific Scene to make a good faith effort to provide a linear park in the SDG&E right-of-way to the south of the project, with bike and pedestrian trails. Pacific Scene's architect, James Leary & Associates, has developed a preliminary design for a 35-foot- wide linear park including a pedestrian and bike path and low maintenance, drought resistant landscaping. Pacific Scene has willingly pursued development of such a park with SDG&E and City staff. /1::,- 1.3 ....--.- .._.-_.~.- However, there are two major issues associated with developing the linear park at the present time. First, the health effects of electro-magnetic radiation (EMR) have not yet been defined. The EIR for the project concludes that exposure to EMR may be above ambient levels and could represent a potential health risk, and therefore recommends delaying construction of the park until after the Environmental Protection Agency study is completed and definitive conclusions are available. Second, the SDG&E right· of-way is designated as open space/special study area and SDG&E is working with the City to have the special study completed. The special study will reevaluate the land use designations for the SDG&E corridor through the Montgomery community, taking into account land use compatibility, park and open space needs of the Montgomery Community, and environmental concerns. The ultimate use of this property will not be known until the completion of the special study for the SDG&E corridor, which will occur subsequent to consideration of the Palomar Trolley Center project for approval. Consequently, it is City staffs opinion that development of a linear park as part of the Palomar Trolley Center project is premature. d. High Volume Entertainment Center The Semi-Exclusive Negotiating Agreement calls for Pacific Scene to make a good faith effort to include a high volume entertainment center in the project if parking is available in the SDG&E right-of-way. Initial Pacific Scene conceptual site plans included a 48,000 square foot bowling alley in the center, supported by 200 parking spaces in the SDG&E right-of-way. However, Brunswick Lanes has now completed its new bowling facility in the Rancho del Rey Industrial Park and is no longer interested in the project site. Other bowling alley companies are not as strong financially and are now deterred by the presence of the Brunswick Lanes facility in Rancho del Rey. A multiplex theater has also been contemplated, again with parking in the right·of-way. However, none of the main theater operators are interested in the project because of the number of existing and proposed theaters in the vicinity. A lO-plex theater will be included as part of the Chula Vista Mall Expansion. A relocation site for the roller rink has already been identified on "L" Street. A major problem associated with an entertainment use is that lenders are unwilling to finance shopping centers with a major entertainment use that ties up parking spaces for a long period of time while not contributing to the synergism of the shopping center. Staff is also concerned about two issues related to an entertainment use on- site: loss of taxable sales square footage and availability of parking. The narrow configuration of the project site makes it difficult to provide optimum space for large volume retailers needing 50,000 to 100,000 square feet and ample convenient parking. This necessitates siting such uses at the west end of the project where the property depth is greatest. An entertainment center would have similar site needs and would therefore significantly diminish /1.... /4 ........----"_.... "_._~._- ._-'_..-~-- opportunities to place large volume tenants, while yielding substantially less sales tax revenue to the City. The good faith effort to provide an entertainment center is predicated on obtaining parking to serve it in the SDG&E right-of-way. Two problems are associated with providing parking in the SDG&E right-of-way. First the parking license with SDG&E is subject to 60-day cancellation unilaterally by SDG&E at any time, the result of which would be an under-parked commercial center. Second, the inclusion of commercial parking in the SDG&E right-of-way would be inconsistent with the Montgomery Specific Plan which designates the right-of-way as open space and would probably obviate any future usefulness of the right-of-way as public park. As an alternative, including the entertainment center parking in the center proper would further erode the available square footage for retail sales uses. Because of the parking and financing problems, it is unlikely that an entertainment use will be included in the center. e. Orange and 4th Library Site It has been preliminarily proposed that in lieu of providing other amenities, the developer would make some contribution to the development of an amphitheater or community performance center that may be located adjacent to the library at 4th and Orange. This alternative contribution by the developer is currently being investigated by City staff. 2. Tenan<;y The Semi-Exclusive Negotiating Agreement stipulates that the project be a high retail sales tax generating commercial shopping center. The Redevelopment Agency has the right to approve 65% of the floor area users for their potential to generate annual taxable sales level of $150 per square foot. Pacific Scene, through the commercial real estate firm of Flocke and Avoyer, has been soliciting tenants who would benefit the project and satisfy the City/Agency desire for high sales tax generators. Pacific Scene has requested and received Redevelopment Agency approval of MegaFoods warehouse grocery store and Ross Stores as two of the anchor tenants for the center. 3. Acquisition of Expansion Parcels and Tenant Selection Under the Semi-Exclusive Negotiating Agreement between the Redevelopment Agency and Pacific Scene, Pacific Scene is charged with the task of attempting to purchase all parcels and tenant ownerships within the expanded project area. To date, Pacific Scene has made progress and is nearing agreement with some property owners in the expanded project area. Contact has been made with all tenants and property owners on the site, both for notification of Owner Participation Rights as I (..../S u_·.·.·· ___ --------~---_._---....- required under community development law and to ascertain their willingness to sell their property to Pacific Scene. It is anticipated that these acquisitions will take place over the next eight to ten months and that relocations will begin within the next year, unless the project is developed in two phases. Relocation issues will have to be addressed jointly by Pacific Scene and Redevelopment Agency staff. /b"')~ . -------_....__....._--~_._- ..... · · · · ...... · · ...... ..... · · · ..... · .... ..... · · . . . . . . · . ...... · . ...... · ..... · . . . . . . . . . . · . . · . . . PROJECT SITE · . · . . . · . · . . . . · · . · · · . . .. 0 · . . · · · . . . . · · . . . · Residential GPA 91-04 ~ . . Low-Mecl/urn = 3-6 du/ae ~ Medium = 6-11 du/ac CHANGE FROM "RESEARCH AND LMTED MANUFACTtIIN3'" to "RETAL COMMERCIAL" Industrial ~ ~ Research and Umitod Manufacturing · .. Medium-High = 11·18 du/ae GENERAL PLAN Commerc~taJ TS Transit Station/Stop ~ V .A Retail 1(, - /7 EXHIBIT A ..-------.,,-. ......-.- \~j. ,\~>~ ! -L..l P'-lO",.-¡¡- '. I , I i I' , , II 4 '" I - , . 'I"! -- - - - ANITA r=::.. / /1/ . ,//////)////y//, ,,//////// STREET '1/ / / , " . ill lOW-MED. DENS. RES.(3-e du)ae) GPA 91-04 ª MED. DENS. RES.(6-11 du,"e) § MED.-HIGH DENS. RES.(11·18 du/ac) CHANGE FROM 'RESEARCH & LMTED INDUSTRIAL' AND r¡¡¡J HIGH DENS. RES.<1e-27 éulac) "OTHER' TO 'MERCANTILE & OFFICE COMMERCIAL' ~. MERèANTIlE & OFF. COMM. [::J AREA TO BE CHANGED MONTGOMERY SPECIFIC PLAN o THUROUGHF.-RE COMM. ~ [[ill] ~ RKS & OP~N '00200 EXHIBIT B t:::}:::::: RETAIL COMM. . -'~ ~~'-CE ¡, .. /¡ ____ ... ,------,~_._~,._.._._-- I ~;.--- ~ CC I \ \.. \' RETAIL COMM. . PALOMAR C CE CENTER COMMERCIAL CENTER C C~_~ --<" TROLLEY SQUARE COM!.!. ~ , PALOMAR VACANT VACANT VACANT 594 R2P I - , I I , , CT , ~AfiSAT - -- - - R~- \.. - nt I I L..-____ I I >- --- <1 ~ .-- I --- IhP MfflP - I - z-- , ~ .. ----I uJ "" I I >- - -- -, , , -- <1 I . .." ~ I \ " ' \ ' I I I I' \ \ I I N PCZ-91-F .. EXHIBIT C EXISTING GÐERAL PLAN DESIGNATION: RESEARCH . LM'TE) INDUSTRIAL 1"= 400' LETTIERI-McINTIRE AND ASSOCIATES ----'--..-----.. . t ..¡.... 2._ ì ",rj 2 f' . I¡! 'in "r,. iu 'c f: ","I !I- up ¡f \~\j~H :7:!.:J II: - C I' ,. '" l~- o. M I- co - ;; ØJ J: '" - u.. 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(\ I Co cti tJ r I~ C) ::S:' t: c5': ~ '-J , '\ - .... Q't: W (\ >- en Co Q: '" <t C\I èS "" :I: CO) co ~ <0 co - ~ a. ........ CJ Of C - ~ <> W tJ en 0 f.-... 0 0 ~ a. CO) , J , 0 <0 I ~ Z a: <0 , <C ,.. a. - I ...J "- Q. , Of ---- C) , I - --- '" ? -- - .--- Z , Of --- - - I ~ pReA - - CI) , 1110:::~--~ BLVD. <C J: , ----~ íRIAL- Q. '1- /_~~/-INDU'S . /b-2S - ---.----.-.-.-.--...----.-----"-..-" ATIACHMENT 3 FINAL ENVIRONMENTAL IMPACT REPORT PALOMAR TROLLEY CENTER (EIR 90-7) STAFF REPORT RECOMMENDATION: That the City Council certify that the Final EIR is adequate and complete and has been prepared in accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. BOARD/COMMISSIONS RECOMMENDATIONS: PLANNING COMMISSION: The Planning Commission, at their January 22, 1992 meeting, voted 4-2 to find that the Final EIR has been prepared in accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. They also adopted the candidate CEQA Findings and the Mitigation Monitoring Section which are in Appendix B of the Final EIR. MONTGOMERY PLANNING COMMITTEE On December 16, 1991, the Montgomery Planning Committee voted 4-1-1 to recommend that the Final EIR not be certified. The Planning Committee was primarily concerned that the issues of traffic and economic dislocation (of existing businesses) were not adequately discussed in the EIR, and were not adequately mitigated by the project. SOUTHWEST REDEVELOPMENT PROJECT AREA COMMITIEE On December 16, 1990, the Southwest Project Area Committee voted 3-1-1 to recommend certification of the Final EIR. A. BACKGROUND In July of 1989 an Environmental Impact Report (EIR) was completed and certified for the Palomar Trolley Center as it was originally proposed. At that time, Pacific Scene proposed a community shopping center incorporating a total of 127,365 gross square feet of building space on 12.2 acres. The project required a General Plan Amendment and a rezone of the property from "Research and Limited Industrial" to "Mercantile and Office Commercial". An agreement between the Chula Vista Redevelopment Agency -2- ,/,-;¿¡. ~.__._-----,.,_.._--_._"",--,. .- and Pacific Scene for the development of an additional 6 acres of property directly adjacent to the south and east of the original project site required that a new EIR be prepared for the expanded project. The EIR addresses the newly proposed Palomar Trolley Center which proposes a commercial shopping center containing 198,200 gross square feet of building space on 18.2 acres. The additional property proposed for development will require a GPA and a rezone similar to the original project for 3 of the 6 acres. Discretionary actions necessary for project development include the approval of a General Plan Amendment and rezone, Montgomery Specific Plan Amendment, Owner Participation Agreement, Tentative Map, Design Review Application and a Street Vacation. B. PUBLIC REVIEW OF TIlE DRAFI' EIR The Palomar Trolley Center Draft EIR was circulated through the State Clearinghouse for a 45-day public review period starting on September 16, 1991 and ending on October 30, 1991. The City of Chula Vista public review period concluded on November 6, 1991 with the close of the Planning Commission public hearing to receive comments on the EIR from the public. During the public review period the document was taken to the Southwest Project Area Committee (pAC), the Montgomery Planning Committee and the Resource Recovery Committee (RCC) for their comments. At the Planning Commission meeting one (1) person, the applicant, commented on the Draft EIR. Fourteen (14) parties commented in writing on the Draft EIR. C. CONTENTS OF THE FINAL Em The Final EIR contains the responses to comments received during the public review period including those from Southwest Project Area Committee, the Montgomery Planning Committee and the Resource Conversation Commission. The Final EIR also contains responses, where appropriate, to the issues raised during the Planning Commission public hearing. As a result of the comments received some minor revisions were made to the Final EIR. An errata page is in the front of the document which lists all of the pages with changes. The Final EIR also contains two addendums. -3- /¡'-27 ..... ---.-.--.,,---.------ Addendums School Addendum Upon further review of the "Community Infrastructure - Schools" section, it was determined that the impact to schools from this project is not a significant impact. The addendum, including the analysis used for determining the level of significance, is attached for your review. It is discussed in Section F-5 of this report. Phasin~ Addendum The Semi-Exclusive Negotiating Agreement (SENA) has provisions for the project to be developed in two phases. This addendum (page 10-1 of the Final EIR) addresses the phasing of the mitigation. All mitigation necessary for development of Phase 1 (15 acres) will be done during Phase 1 construction. Upon review of the Draft EIR by the City Traffic Engineer, the mitigation for Broadway and Main has been modified in the addendum. The revised wording can be found on page 10-8 of the Final EIR. The new wording calls for a technical report to be prepared prior to the issuance of building permits. If that reports concludes that this project will only contribute a portion of the need for the improvements, then the mitigation requirements for the improvements of Broadway and Main will be scheduled for completion as additional projects are developed, all of which will contribute financially to the improvements. The improvements will be completed at the time projected traffic volumes show them to be necessary. Currently work is being done on the design of the intersection improvements at Broadway and Palomar. There will be a slight change in the geometrics to this intersection. The changes to do not change the level of service and will accomplish the necessary mitigation. The change is discussed on page 10-8 of the Final EIR. D. ANALYSIS 1. Drainal!:e Impact Summary: Adverse less than Significant Increased runoff from the project site will increase flows to off-site drainage facilities by approximately 6%. Mitigation - The developer will be responsible for off-site drainage improvements, if necessary, based on the amount of additional flows generated by the project. The project shall incorporate into the site design any of the flow reduction measures outli.nr-ct in the Drainage Study which are feasible, if such flow reductions are deemed necessary by the City of Chula Vista Engineering Department. llø... ~f .-. ._.,"-.,._._---_._---'".^-~-_..._,-- 2. T .and Use Impact Summary: Significant, mitigable The expanded project is inconsistent with the existing industrial zoning and designations for three acres. Mitigation - The developer shall submit a General Plan Amendment changing land use designations of 2.0 acres of research and limited industrial and 1.0 acre of institutional to 3.0 acres of "Mercantile and Office CommerCial"; the developer shall also submit a rezone for 3.0 acres of land zoned as "Limited Industrial" (I-L-P) to "Central-Commercial" (C-C-P). 3. Aesthetics Impact Summary: Adverse, less than significant Existing viewshed will be changed from vacant land to a large commercial center. Mitigation - All development guidelines outlined in the planning concepts for the Palomar Trolley Center shall be implemented along with applicable policies contained in the Montgomery Specific Plan. 4. Social Factors Impact Summary: Adverse, Less than Significant The vacancy rate of neighborhood-serving commercial retail may be increased from 6.5 % to 13.1 % by adding the 87,400 square feet of neighborhood-serving commercial retail to the market area as proposed by the project. (The remaining 110,800 square feet of the project will be regional-draw retail.) Mitigation - Potentially adverse impacts can be mitigated by adherence to the Semi Exclusive Negotiating Agreement (SENA) between by the Chula Vista Redevelopment Agency and the developer. The SENA contains a clause restricting the developer from leasing or selling to tenants or purchasers greater than 15, ()()() square feet of floor area until the Redevelopment Agency has approved the tenant. The Redevelopment Agency will ensure by the clause that the impact on neighborhood-serving retail commercial is minimized. In addition, on-going Redevelopment Agency activities will work to revitalize existing shopping centers within the Redevelopment Area boundaries that may be negatively impacted. -5- I'--').,~ _...._--_."-"----_.._~~ 5. Community Infrastructure Impact Summary: Less than Significant Schools The Draft EIR for the project determined that the impact to schools from the project was significant. Upon further review of the "Community Infrastructure - Schools" section in the Draft EIR, it was determined that the impact to schools from this project is not a significant impact. The addendum concludes that the availability of school facility fees and the present tax revenue value of residential projects reasonably assumed to annex to Mello-Roos CFD #5 reduced the potential impact to a level of less than significant. The addendum, including the analysis used for determining the level of significance, is included in the Final EIR in Section 11. Other Public Services Implementation of the proposed project will increase demand for public services such as Fire/EMS, police protection, and recreational facilities within the project area. The level of service provided by the City will adhere to the goals and policies outlined within the City's Threshold/Standards Policy to reduce impacts to these areas. The Community Infrastructure section includes several categories. Fire/Emergency Medical Services which is considered to be an adverse but not significant impact; Police Protection is adverse but not significant; and Recreation which is an adverse but not significant impact. 7. Energy Impact Summary: Not Significant The proposed project will increase electricity consumption 132.8% and natural gas consumption 157.1 % above that consumed by existing on-site development. However, energy consumption for the proposed project is less than what would occur under development of the project site according to the Montgomery Specific Plan. Therefore, this impact is considered to be less than significant because SDG&E has the necessary facilities to provide the service. Mitigation - Although the impact is not significant, the following mitigation is recommended to further reduce energy consumption within the project: The developer shall implement energy conservation measures into construction and adhere to Energy Commission standards in construction. -6- I" .. ~() _._·_·..____n____.·._.·__·_··~·__ 8. Utilities Impact Summary: Significant, mitigable The proposed project will use 257% more water, generate 303% more sewage and 191.8% more solid waste than the existing development. However, development in conformance with the Montgomery Specific Plan would use an additional 118.2% of water and generate an additional 5% more sewage and an additional 60% more solid waste than the proposed project. Mitigation - Although the impact is not significant, the following mitigations are recommended to further reduce energy consumption within the project: a) The developer shall implement project water conservation measures, source control devices at food processing businesses and a recycling program; b) The project shall adhere to State Energy Commission standards in all new construction. c) Developer shall pay fees to mitigate water consumption impacts in accordance with whatever program is in effect at the time building permits are issued. 9. Human Health Impact Summary: Adverse, less than significant Persons will be exposed to low-level soil contamination on-site that has occurred from a variety of hazardous materials, and possibly to above ambient levels of electromagnetic radiation for short time periods from energy transmission lines. Mitigation - a. The developer shall remove underground tanks, perform soil testing for several possible contaminants, and remove any contaminated soil from the site as required; b. Construction of the linear park shall be delayed until significance of EMR exposure can be determined from an EP A report in progress. 10. Transportation Impact Summary: Significant, mitigable Impacts - a. Roadway segments within the study area, including Palomar Street between Industrial Boulevard and Orange Avenue, will be impacted by the proposed project. -7- //'..31 - -- - ._._----~._-~_..."--_.,._----_.- b. Some intersections within the study area will experience lower levels of service, however, they will not be reduced to below acceptable levels of service. c. Three intersections including Project Entrance/Palomar Street, Broadway/Palomar Street and Broadway/Main Street will operate below accepted levels of service without mitigation. Mitigation - a. Widen Palomar Street between Industrial Boulevard and Orange Avenue to a six-lane major street to the satisfaction of the City Traffic Engineer. b. Install a traffic signal at the proposed intersection of Palomar Street/project entrance and construct geometric improvements to the intersection. c. Improve the intersection of Palomar Street/Broadway with new lane geometrics. d. Improve the intersection of Palomar Street/Trolley Station entrance with new lane geometrics. e. Improve the intersection of Main Street/Broadway with new lane geometrics. (See addendum page 10-8, the details of this measure are subject to further study.) f. Various on-site internal circulation improvements and ingress and egress restrictions such as limited turning movements, vehicular access between the MTDB Trolley Station and the proposed project, etc. are recommended; however, they are not necessary to mitigate traffic impacts. E. ALTERNATIVES CEQA requires description of a range of reasonable alternatives to the project or to the location of the project, which could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives. The discussion of alternatives shall focus on alternatives capable of eliminating any significant, adverse environmental effects or reducing them to a level of less than significant, even if these alternatives would impede to some degree the attainment of project alternatives, or would be more costly. -8- Ib-~'- -.---.-----."..- ." ---....- No Proiect/No DeveloDment No changes to the existing land use would occur with this alternative. The existing uses will remain and no improvements will be done. Reduced Commercial DeveloDment This alternative assumes a 10% reduction in the amount of commercial development. Impacts would not be significantly reduced by this alternative. The Land Use impact would remain significant and still require a General Plan amendment and a rewne. The 10 % reduction to energy consumption and utilities would not represent a substantial reduction to impacts. Traffic would be decreased by approximately 1,000 trips per day, which would reduce impacts to the surrounding circulation system. The Human Health impact would remain substantially the same even with the 10% reduction. Although a 10% reduction in the amount of commercial development may reduce the amount of impact, the reduction is not considered substantial. Alternative Access Alternative This alternative would provide the project site with an alternate access route using Jayken Way which is located just south of the project site. It would provide an additional access point for vehicles, instead of being restricted to bicycle and pedestrian traffic as called for by the current design. This alternative would have land use impacts. A major redesign would be necessary to remove the pedestrian plaza and modify the main entrance to provide for a throughway. The alternative would equate to only minor reductions to traffic related impacts. All other impacts would remain similar to those of the proposed project. The alternative access alternative could result in conflicts between pedestrians and vehicles within the shopping center and conflicts between pedestrians and bicyclists. Extending Jayken Way through the project would expose both pedestrians and bicyclists to increased safety hazards from cars using the roadway. Residential Development Alternative This alternative would develop the site with high density residential uses instead of the proposed commercial retail center. The basis for this alternative is a report recently released by the State of California to bring attention to local policy boards of the need for housing located next to rail transit lines. It is difficult to compare this alternative which has no conceptual plan with the proposed project. Even if it is assumed that a residential project would be allowed to cover -9- /b- 83 .__.,-----~.__.._--,-,----- approximately 50% of the site, with the rest of the site being devoted to parking, open space, walk ways, etc., it is impossible to determine if there would be an increase or decrease of drainage impacts without a detailed drainage study. Land Use impacts would be similar since a General Plan Amendment and rezone would still be necessary. Impacts to energy and utilities would be about the same. Although a residential project would use less electricity and gas, it would require more water and produce more liquid and solid waste than the proposed project. Traffic impacts would be less due to the reduced traffic that would be generated by a residential development as opposed to a commercial development. A large number of high density projects are already developed in the immediate area that could provide easy access to the Trolley. Although development of the site with a residential use would provide greater access to public transportation by a larger number of people, such a development would not meet the project's objectives. Such a development would have a direct population related impact on such community facilities as schools and parks. When compared with the proposed project, a residential alternative would probably result in a similar or maybe more adverse level of overall environmental impacts. Alternative Proiect Site Three alternative sites for the project were analyzed in the Draft EIR. There is one site located in the City of National City, and two sites located in the City of Chula Vista. Alternative Site #1 Alternative Site #1 is located in the southwestern portion of the City of National City west of Interstate 5 off the 24th Street exit. It consists of vacant land which is west of and directly adjacent to a wetland area. The site is designated Commercial-Tourist and lies within the City of National City's Coastal Zone. Drainage impacts would be similar to the proposed project site. Land Use impacts would be the same or greater. A General Plan Amendment and rezone to commercial shopping center would be needed as well as an amendment to the Local Coastal Plan since the site is in that City's Coastal Zone. The site has close proximity to the Sweetwater River and therefore impacts would result from the location of the shopping center in close proximity to sensitive wetlands. Impacts to energy and utilities would remain the same. Transportation impacts would be similar to or greater for this alternative site. The potential impacts to human health would be alleviated since there are no EMR issues -10- I b .. at{ . -- .---*--~_.. associated with this site. Pedestrians would have to cross both a freeway off-ramp and on-ramp to use the trolley, thus increasing safety risks to trolley users. Alternative Site #2 Alternative Site #2 is located within the southern portion of the City of Chula Vista just east of Interstate 805 and south of Otay Valley Road. It consists of open space and vacant land and is within Chula Vista's Eastern Territories. Access is provided by Interstate 805 and Otay Valley Road. The impacts to land use and transportation would be similar, although the circulation system under the alternative would be better able to handle project related traffic. All other impacts would also remain similar to those of the proposed project. This alternative is not near the trolley system and therefore would not meet one project objective of providing shopping near the trolley. Alternative Site #3 Alternative Site #3 is located within the southeastern portion of the City of Chula Vista, directly south of Telegraph Canyon Road and directly east of future State Route 125. It is located within Chula Vista's Eastern Territories and is designated as Retail Commercial in the Chula Vista General Plan. Access would be provided by Telegraph Canyon Road off of SR 125. Impacts to drainage will be reduced because the drainage system being put into place as development occurs will be better able to handle on and off-site drainage requirements. Land use impacts will be eliminated because of the alternative site's commercial designation. As such, no GP A or rewne would be required prior to development of the site. Impacts to transportation would be reduced by the new circulation system being constructed, as development of this area occurs. This site does not meet project objectives of providing easy, convenient access to the trolley system, providing complete planning for the entire project area and providing the Montgomery Planning area with a revenue generating commercial center. F. CONCLUSION In summary, all significant impacts of the project can be mitigated to a level of less than significant. Project alternatives were analyzed, with no alternative clearly environmentally superior. -11- /¿,- 35 --..--.----.. - - MINUTES OF A CONTINUED SCHEDULED MEETING MONTGOMERY PLANNING COMMITTEE Chura Vista, California 6:00 p.m. Conference Room 1 Monday, December 16, 1991 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:05 p.m. by Chairperson Wheland. Roll call was taken: Present - Berlanga, Wheland, Castro, Scheuer, Palmer, McFarlin. Absent - Platt. APPROVAL OF MINUTES: It was moved and seconded (Castro/Berlanga) to approve the minutes of November 6, 1991; motion carried 5-0-1; McFarlin abstained. Clay Platt arrived at 6: 1 0 p.m. ORAL COMMUNICATIONS: None. OLD BUSINESS: Hal Rosenberg, Traffic Engineer, reported on the raised median on Otay Valley Koad, including hazards caused by the commercial truck traffic in the residential area. It is noted that the dumping of trailers within the city is also prohibited. It was MSUP (Palmer/McFarlin) to verify whether there is an existing policy relating to parking of commercial trucks within the City of Chula Vista and if so, whether it is enforced. For next agenda, Platt requested item on storage of vehicles for auction. It was MSUP (Palmer/Scheuer) to postpone the discussion on the Otay Valley Road median problem to the January 8th meeting. PUBLIC HEARING: Debbie Collins of Lettiere/Mcintyre presented an overview report on the final EIR Review maps and the GPA·91-04, PCZ·91·F, City initiated proposal to amend the General Plan and to rezone certain 3 acre territory located south of Palomar Street between Broadway and the MTDB Palomar Trolley Station. Marilyn Ponseggi, consultant, detailed some points of the final report. Committee comments mainly noted the inadequacy of addressing the traffic problems and congestion of that specific area. All areas of concern would be mitigated after the whole area is rezoned. Problems of development in the highest density in the Montgomery area were raised. Consultants noted that impact studies were conducted. It was moved and seconded (Castro/Berlanga) to certify the Final EIR (FEIR·91-02) for the Palomar Trolley Center as adequate; motion failed 2-4-1 (McFarlin abstained - has no decision as to CEOA requirements). At 7:40 p.m. the Public Hearing was opened and immediately closed with no 'f>Ubl i c requesting'.' to -speak. / ,,- 3(. ..-.......---..-.....-.-... ....._'. - - , Montgomery Planning Committee -2- December 16,1991 It was moved and seconded (Scheuer/Platt) to deny the resolution to amend the General Plan by redesignating the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial"; motion passed 4-1-1 (Berlanga abstained - approves CECA requirements but not the project). - It was moved and seconded (Scheuer/Palmer) to deny the resolution to amend the Montgomery Specific Plan by redesignating the 3 acres depicted in Exhibit B from "Research and Limited Industrial" and "Other" to "Mercantile & Office Commercial"; motion passed 4-1-1 (Berlanga abstained - approves CECA requirements but not the project), It was moved and seconded (Scheuer/Palmer) to deny an ordinance to change zone classification from I-L-P to C-C-P for the 3 acres depicted in Exhibit C, including adoption of the supplemental findings for application of 'P' modifier; motion passed 4'1-1 (Berlanga abstained -approves CEQA requirements but not the project). McFarlin left the meeting at 7:40 p.m. INFORMATION ITEM: The election of Officers will be held in next fiscal year June/July. CHAIRMAN'S REPORT: Wheland will report on the SR·125 meeting she attended this past week after the minutes are received. COMMITTEE COMMENTS: Tony Castro withdrew from the Otay Regional Park Advisory Committee and asked Joe Berlanga be appointed in his place. It was MSUP (Platt/Palmer) to appoint Berlanga to said committee. Berlanga commended the staff and the Planning Committee on all its accomplishments for the past year. Platt commented this was really his first EIR he has had to review. STAFF COMMENTS: Thanks for support and for projects that come forth. Human factor needs to be included in these project as they are not clarified with computer data. ADJOURNMENT: The meeting was adjourned by Chairperson Wheland at 8:00 p.m. Respectfully submitted, EXPRESS SECRETARIAL SERVICES ~{1JJ.l..tL~ ~0 Barbara Taylor I b - 31 .- ..__.~..._.__._..- EXCERPT FROM PLANNING COMMISSION MEETING UNO~f!1~BA~ ii1\wN~lLif- "¡if W'''''''··'1Ìi101 11 ... '0 PC Minutes -2- January 22, 1992 ITEM 1. CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR TROLLEY CENTER, EIR-91-02 AND CANDIDATE CEQA FINDINGS (Continued from 1-8-92 meeting) Community Development Specialist Abbott gave the background of the project and stated the goals of the Redevelopment Agency. He said the daycare center was making substantial progress on property at the comer of Ada and Industrial directly west of the trolley station; pedestrian and traffic links would be included in the proposed design of the project; improvements to Palomar and Broadway were specified in the conclusions of the EIR with a cost of approximately $1.7 million; the linear park was not anticipated to be constructed as part of the project because the issues of high tension wires and potential negative health affects had been referred to a study scoped jointly by SDG&E and City Planning to determine the ultimate uses of all SDG&E right-of-way projects within the City; and entertainment uses were still being studied because of parking issues. Environmental Consultant Ponseggi, Project Manager for the EIR for the City, stated that on November 16, 1991, the Planning Commission held a public hearing to receive comments on the Draft BIR. On December 16, 1991, the Southwest Project Area Committee voted to recommend certification of the Final EIR. The Montgomery Planning Committee also met on December 16, 1991, but did not certify the EIR; there was no formal action stating why the document was not adequate or complete according to CEQA. Questions raised by the Committee members concerned traffic within the area, the widening and improvements of Palomar Street, and how they would ultimately be accomplished. The applicant had prepared, and the City Traffic Engineer had reviewed, a tentative plan as to how that could be done, which was available for the Commission to review. Ms. Ponseggi stated that the Final EIR contained two addendums, one of which addressed the possible phasing of the project, and the other addressing school impacts. All mitigations necessary to support the development of Phase I would be accomplished during the construction of Phase 1. Ms. Ponseggi recommended certification of the Final EIR for the Palomar Trolley Center, adopt the Candidate CEQA Findings and the Mitigation Monitoring Program. Based on some of the changes regarding the school impacts, there were some changes to be made to the EIR to be entered into the record: page 5 of the Mitigation Monitoring package, references to school mitigations would be deleted; page 2-8 of the Executive Summary referencing school mitigation would be deleted; page 12 of the Mitigation Monitoring would be deleted to reflect the modification in the wording for the Addendum for the transportation mitigation at Broadway and Orange on page 10-8 of the Addendum; the Executive Summary on page 2-6 would be modified to incorporate the new wording for the Broadway/Orange intersection; the findings under Section 3, number 5, of the Candidate Findings would be modified to reflect the change in wording on 10-8 that referred to Broadway and Orange. 110 - 3r - -.~-_..-----'---'.~--- PC Minutes -3- January 22, 1992 Commissioner Carson asked to have the graphic shown on the overhead screen for the audience. Dan Marum of JRK & Associates, the traffic engineers on the project, explained that the graphic was a preliminary graphic which had been included in the Final EIR, and discussed the geometries and design of the intersection and the reduced impact that the geometric configuration would have on the widening and right-of-way requirements on Palomar Street to merge the widening which would take place on Palomar in front of the project site with the segment of Palomar between Orange and Broadway. Commissioner Martin asked if the child care center would be off site, across from the train station. Community Development Specialist Abbott answered that it would be across Industrial Boulevard west of the trolley station. The daycare center itself was conceptually proposed to have duplexes developed on part of the site, and approximately 6,000 sq. ft. of building, and outdoor play space. Chair Fuller noted that even though this was not a public hearing, there were requests to speak to this item. Upon concurrence of the other Commissioners, she recognized the speakers. Lee Wheeland, 1630 Walnut Drive, Chula Vista 91911, representing the Montgomery Planning Committee, stated the Committee had voted for denial. Throughout their deliberations, they were concerned about the schools and the impact not only on the people coming into the area, but the people working there; the traffic situation--it had been a major problem and the mitigation efforts which had previously been made had not been effective; the type of businesses going in were the same as existing and they were concerned it would further blight the neighborhood when the businesses went out of business. She stated she was available to answer any questions. Commissioner Tuchscher asked if it was the intention of the Montgomery Planning Committee to not approve. By not voting to approve, were they in essence giving the Planning Commission a recommendation not to approve? Ms. Wheeland confirmed that the motion was to approve, and the Montgomery Planning Committee denied it. Commissioner Tuchscher asked if the Montgomery Planning Committee had taken the Project Area Committee's information into account. Ms. Wheeland said the PAC was expressing some of the same concerns--the traffic, businesses, economics, and schools. Even though the PAC had approved the project, their information had been carried to the Montgomery Planning Committee meeting. Chair Fuller asked if it was the Committee's feeling that some other type of project should be considered for this area rather than the retail. Ms. Wheeland said they did not want more pads, more fast-foods, more pollution, etc. 1'-- 3' -----'--------'--"-"--'--"-- PC Minutes -4- January 22, 1992 Commissioner Carson said one of the alternatives in the EIR was to reduce commercial development. She asked if the Montgomery Planning Committee would lean more toward that. Ms. Wheeland stated that anytime the density could be lowered, along with the traffic problems and pollution, the Committee would definitely look at it, something more environmentally superior. Commissioner Tugenberg commented that he would like the consultants to use the word 'will mitigate" instead of "may be mitigated. " Kate Shul'Son, representing Chula Vista City Schools, distributed a letter from the Superintendent, and said that the District was extremely concerned about the last-minute addendum to the Palomar Trolley Center Draft EIR which reversed the findings from significant to insignificant impacts on school facilities. Ms. Shurson stated the analysis was flawed, speculative, and contained unsubstantiated assumptions. One of the major problems facing the School District in Western Chula Vista was growth in student enrolment where there was little or no new residential development. She said fees could only be collected when new development was proposed and constructed; even if 190 new homes were built, their construction and! or participation in Mello- Roos District financing was not a condition of approval for this project and could not be guaranteed. The School District asked that the Commission reject the Addendum to the Palomar Trolley EIR and consider the original findings or cause a revised document to be prepared and circulated in conformance with CEQA regulations. She also asked that the following comments be added in the record: "CEQA Section 15164, which is cited by City staff as the authority for the Addendum, specifically states an Addendum to an EIR can be prepared if: '1. None of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. 2. Only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA.' "Several conditions from this Section 15162 have occurred, which according to CEQA, require preparation of a subsequent EIR. Substantial new information in the form of the consultant's analysis has become available along with mitigation measures not previously considered in the EIR. These mitigation measures theoretically would substantially lessen one or more significant effects on the environment. Clearly, changing a finding of significant to insignificant is a substantial change, not a minor technical change or an addition, and it renders the addendum internally inconsistent with the EIR text. Section 15162 also requires 'If the EIR has been completed but the project has not yet been approved, the lead agency shall prepare a subsequent EIR before approving the project.' In conclusion, we believe the use of an addendum for the Palomar Trolley Center is procedurally inconsistent with CEQA, as well as contrary to the intended spirit of consultation and cooperation contained in the environmental process. " I" -If/) -_...._..~_._-.-.._". ...---,-----.-- PC Minutes -5- January 22, 1992 Commissioner Tugenberg asked, if the project went to Mello-Roos District financing, would it be next to an established Mello-Roos District. Ms. Shurson answered affirmatively, and stated that commercial development paid 16.67% of the rate charged residential. Commissioner Tugenberg asked if a new Mello-Roos District were established, what would be the chances of an underwriter selling the bond issue. Ms. Shurson said certificates of participation could be sold instead of the bonds themselves, which are guaranteed by the District general fund rather than by Mello-Roos property. Commissioner Decker questioned if Ms. Shurson's opinion on the procedure was an administrative opinion or if it had been considered by their legal department. Ms. Shurson said she had spoken to counsel, although it was not a legal opinion. Commissioner Decker asked if the City Attorney would respond. Assistant City Attorney Rudolf stated they had assisted through the process of the preparation of the Addendum, and it had been reviewed by outside special counsel on CEQA. He was satisfied that the requirements authorizing the preparation of the Addendum under the circumstances had been met, and disagreed with the judgment call. Commissioner Tuchscher asked that staff comment on Ms. Wheeland's statement about businesses in the area being hurt. Community Development Specialist Abbott replied that the questions about economic impact were brought up in both the Project Area Committee and the Montgomery Committee, and the mitigation listed in the EIR for the negative impact on businesses in the area was that the Redevelopment Agency had approval authority for any user within the project in excess of 15,000 sq. ft. Agency staff and the Redevelopment Agency were using that in order to require that the developer put into the project the kinds of uses that would have less impact on the surrounding neighborhood than would some other kind. Two users had been approved by the Redevelopment Agency--Mega Foods and Ross Clothing Stores. Commissioner Carson was concerned with the small businessmen who no longer could compete; when the building became vacant, how would the problem be solved. Mr. Abbott answered that the study identified some potential negative impact, but the impact to the existing business people was reduced sufficiently by the requirement that large users be predominant in the project, and allows the Redevelopment Agency the require that the larger regional-serving users would be the ones incorporated in the center. Staff would not recommend the kind of users that would compete directly with the smaller business people; Commissioner Carson felt the traffic mitigation was still questionable with the large clientele frequenting the larger businesses and trip generation. Dan Marum of JHK explained the methodology used in the traffic analysis, and noted that if the impact exceeded the threshold standard, there could be additional studies done at that site to require that development to mitigate those impacts. 11-- if/ - ---- .--....-.-..----....--.------ PC Minutes -6- January 22, 1992 Commissioner Martin questioned staff regarding the daycare center and use of schools in the area by other members of the family. Had there been studies? Ms. ponseggi noted that with the type of daycare center being considered, MTDB had similar daycare centers in other areas and people dropped the children off near the trolley station, and then went on to work. Chair Fuller, referring to the letter from Dr. Vugrin of the Chula Vista School District, noted this was the first time the Superintendent himself had written the Commission a letter. She asked staff to explain again why the addendum was added to the EIR and what it says to the project in particular. Ms. ponseggi clarified that the original EIR which had been certified for the 12-acre site had not addressed school impact because that EIR was prepared prior to the SANDAG Study, and at that time it was recognized that there was no impact. As the Candidate Findings regarding schools were being prepared, staff went back and looked at the SANDAG Study again and realized some of the assumptions taken from the SANDAG Study were not correct. Chair Fuller was concerned that the consultant and staff had apparently done the addendum without discussion with and concurrence of the School District. Ms. Ponseggi answered that John Bridges, the consultant, had extensive discussions with Ms. Shurson of the School District as to some of the assumptions he used in preparing the Addendum. Chair Fuller was concerned that after the meeting of January 8, without notice to the District, the project was continued in order to completely reverse the EIR findings regarding school impact. She asked why after significant input and public review was this change made with no notification to the agency responsible for providing school facilities. They had been advised of the addendum by phone, but the actual document had not been provided until January 21. Community Development Specialist Abbot said that they had communicated with the School District when they realized the addendum was necessary. Deputy City Manager Krempl and Community Development Director Salomone had discussed the addendum with Ms. Shurson on the phone and subsequently the District was provided the addendum as soon as possible. MSC (Tugenberg/Decker) 4-2 (Commissioners Fuller and Carson voted against; Commissioner Casillas absent) to certify the Final EIR, as amended and revised, has been prepared in accordance with CEQA, the State of California CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. 1'-- I./L .---...--.-.---.--.... PC Minutes -7- January 22, 1992 ITEM 2. PUBLIC HEARING: GPA-91-Q4 AND PCZ-91-F: CITY-INITIATED PROPOSAL TO AMEND THE GENERAL PLAN FROM "RESEARCH AND LIMITED MANUFACTURING" TO 'RETAIL COMMERCIAL," TO AMEND THE MONTGOMERY SPECIFIC PLAN FROM "RESEARCH AND LIMITED INDUSTRIAL" AND 'OTHER" TO "MERCANTILE AND OFFICE COMMERCIAL," AND TO REZONE FROM I-L-P TO C-C-P CERTAIN 3-ACRE TERRITORY LOCATED SOUTH OF PALOMAR STREET BETWEEN BROADWAY AND THE MTDB PALOMAR TROLLEY STATION (Continued from 1-8-92 meeting) Principal Planner Howard introduced Debbie Collins of Lettieri-McIntyre & Associates who noted that the original 12 acres of the project was already designated for commercial use; however, the City Council desired an expanded 18-acre commercial project, extending easterly to Broadway and southerly to the SDG&E right-of-way. Council therefore approved the 12-acre project under the condition that Pacific Scene not pursue development of that project until they had pursued an expanded 18-acre project. The reasons for desiring an expanded project was to provide for comprehensive planning of the area, and to provide additional sales tax and tax increment generation from the project. The 3 acres located to the south of the 12-acre project required a plan amendment and rezone. Without the proposed action, there would be a 3-acre landlocked parcel of industrial and institutional uses lacking street frontage and landlocked by the surrounding commercial development. This being the time and the place advertised, the public hearing was opened. Nancy Palmer, representing the Montgomery Planning Committee, was available to answer questions. No one else wishing to speak, the public hearing was closed. Commissioner Tuchscher asked staff if the discretionary action required the project to come back before the Planning Commission. Ms. Collins answered negatively. The action before the Commission was only for the 3 acres; the original 12-acre project already had the plan amendments and rezonings approved. The additional discretionary action remaining for the project would be required to go through Design Review, and the EIR addressed some of the design issues. The Owner Participation Agreement would go to the Redevelopment Agency. MSC (Decker/Tugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas absent) to recommend that the City Council adopt the CEQA Findings and Mitigation Monitoring Program. MSC (Decker/Tugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas absent) to recommend that the City Council adopt a resolution to amend the General Plan by redesignating the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial. " II,... ¿¡3· ..- ..__._-_.,...,..._,--_.~-_.._-_.._---- PC Minutes -8- January 22, 1992 MSC (Decker/Tugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas absent) to recommend that the City Council adopt a resolution to amend the Montgomery Specific Plan by redesignating the 3 acres depicted in Exhibit B from "Research and Limited Industrial" and 'Other" to "Mercantile and Office Commercial." MSC (Decker/Tugenberg) 5-1 (Commissioner Carson voted against; Commissioner Casillas absent) to recommend that !he City Council adopt an ordinance to change !he zoning classification from "I-L-P' to "C-C-P" for !he 3 acres depicted in Exhibit C, including adoption of the Supplemental Findings for the application of the P Modifier. ) ,-.. Lt~ . -_..,--",.__.__._~_...,.._..-- EXCERPT FROM PLANNING COMMISSION MINUTES U"\""'-"~'..",- ;i L; -;-. /..' '_", ,', .:-;...,,,, r'! r'"I PC Minutes .. "" ","--.. ...¡ L ,,-=3,- _ . .... 1,,''1 ~i'\"''' ',. '·",,_January 8, 1992 ..... I..:..;;.¡"a '""'\.ii ,..' - - i.;;:;' - .... ''--./ U -' I ITEM 2. CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR TROLLEY CENTER, EIR-91-02 AND CANDIDATE CEQA FINDINGS ITEM 3. PUBLIC HEARING: GPA-91-04 AND PCZ-91-F: CITY-INITIATED PROPOSAL TO AMEND THE GENERAL PLAN FROM "RESEARCH AND LIMITED MANUFACTURING" TO "RETAIL COMMERCIAL', TO AMEND THE MONTGOMERY SPECIFIC PLAN FROM "RESEARCH AND LIMITED INDUSTRIAL" AND "OTHER" TO "MERCANTILE AND OFFICE COMMERCIAL", AND TO REZONE FROM I-L-P TO C-C-P CERTAIN 3 ACRE TERRITORY LOCATED SOUTH OF PALOMAR STREET BETWEEN BROADWAY AND THE MTDB PALOMAR TROLLEY STATION Assistant Planning Director Lee stated that the item was being reviewed and addendum written; therefore, he requested a continuation to the meeting of January 22, 1992. That request also included the public hearing. MSUC (Decker/Martin) 6-0-1 (Commissioner Tugenberg had temporarily left the dais) to continue Items 2 and 3 to the meeting of January 22, 1992. I/"- liS- . -.--...------.-.-.,...,........ MINUTES SOUTHWEST PROJECT AREA COMMITTEE CITY 'OF CHULA VISTA, CALIFORNIA December 16, 1991 Conference Room 1 4:30 p.m. Public Services Building CALL TO ORDERlROLL CALL The meeting was called to order at 4:45 p.m. PRESENT: Vice Chair Jones, Members Wheeland, LaGuardia, McFarlin, Silva ABSENT: Chair Brown, Member Olalde STAFF: Community Development Specialist Lance Abbott; Associate Planner Frank Herrera-A; Consultant Marilyn Ponseggi; Environmental Coordinator Doug Reid; Mike Mezzi of Cotton Beland & Associates; Bill Anderson of ERA Associates; Debbie Collins of Lettieri/McIntyre Associates 1. APPROVAL OF MINUTFS from the meetings of October 7 and November 4, 1991 MSC (Wheeland, McFarlin) to approve the minutes of October 7 and November 4, 1991 (5-0-2). 2. REPORT: Final EIR, Palomar Trolley Center Debbie Collins of Lettieri, McIntyre and AsSociates made the initial staff presentation on the final EIR report on the Palomar Trolley Center project. Ms. Collins stated that the EIR analyzed an expanded project encompassing 18.2 acres south of Palomar between Industrial and Broadway. Twelve and two-tenths (12.2) acres of the site had previously been rezoned from Research and Limited Industrial to Mercantile and Office Commercial. Three (3) acres in the proposed project area are already zoned Commercial and a proposal to rezone the remaining 3 acres from existing Industrial to Commercial will be before the Planning Commission and Redevelopment Agency in January or February of 1992. Ms. Collins stated that the PAC's previous comments on the Draft EIR had been incorporated into the final document and that responses were listed in the Response to Comments section of the EIR. Actions requested of the PAC tonight are: 1. Recommendation and certification of the Final EIR and certification that the document has been prepared in compliance with CEQA and environlI).ental review procedures of the City of .Chula Vista. I b"'t/.ID .. ~..._-_. Southwest PAC - 2 - December 16, 1991 Minutes . 2. Adoption of a motion recommending that the City Council adopt a resolution to amend the General Plan by redesignating the 3 acres on the south side of the project from Research and Limited Manufacturing to Commercial Retail. 3. Adopt a motion· recommending that the City Council, Planning Commission and Montgomery Specific Plan redesignate the 3 acres on the south side of the project from Research and Limited Industrial to Mercantile and Office Commercial. 4. Adopt a motion recommending that the City Council adopt an ordinance to change the zone classification from I-L-P to C-C-P for the 3 acres on the south side of the project. After the conclusion of the presentation, Member La Guardia asked about the discrepancy between the socio-economic statement in the EIR regarding the market for the MegaFoods proposed for the center and its impact on existing markets. Member La Guardia quoted a study that had been completed by MegaFoods that analyzed the impact of a MegaFoods store located on the Palomar Trolley site and its impact on existing trade area markets. Community Development Specialist Abbott responded that the socio-economic section of the EIR did, in fact, recognize that there would be some impact from the Palomar Trolley Center on existing stores. The mitigation listed in the EIR is that the Redevelopment Agency must approve any tenant in the project over 15,000 square feet. The MegaFoods noted by Member La Guardia, and Ross Stores, have already been approved as potential tenants by the Redevelopment Agency. The study quoted by Member La Guardia is a marketing study conducted by MegaFoods as part of its effort to identify market and trade areas for location of its facility at the Palomar Trolley Center. This information was included in the overall socio-economic analysis; however, other studies and factors were also included in the analysis. Member La Guardia stated that it was his understanding the community would be getting regional serving uses in the Palomar Trolley Center, but such uses are not being included in the center. Mr. Abbott responded that the point of having the Agency's ability to approve or disapprove tenants over 15,000 square feet was to ensure that larger, regional-serving type users are included in the center rather than smaller, neighborhood-serving users. Mr. Abbott said that the MegaFoods in question would be drawing from outside the Chula Vista area and that it would not be drawing solely from the existing trade areas of markets in Chula Vista. However, Mr. Abbott also said that it is clear that some business from the existing trade area will go to the MegaFoods and be diverted from existing markets in the Chula Vista area. Member La Guardia noted figures in the MegaFoods marketing report that identified a substantial portion of the MegaFoods store to be located in the Palomar Trolley Center would, in fact, draw customers away from existing markets in Chula Vista. Member La Guardia made the point that this is cannibalization of existing City business and tax revenues to the extent that customers are simply drawn away from other markets, it weakens those markets and does not improve the City's financial position at all. )t.-'/.1 ...__.-..--,_.~....- Southwest PAC - 3 - December 16, 1991 Minutes . Member McFarlin asked about the number of employees that would be provided by the MegaFoods and by the Palomar Trolley Center. Jim Moxham, Vice President of Pacific Scene Development, Inc., developers of the Trolley Center project said that no firm figures have been established for projecting employment but he estimated that 150 persons would be employed by Mega-Foods and that an additional 150 people would be employed in the balance of the shopping center. Member Wheeland said that she resented the fact that she was given such a short time to read such a voluminous document as the Final EIR and felt "railroaded" into making a decision. Member La Guardia suggested that in the future when such large documents are presented to the Committee, that the PAC divide up these documents into sections and that each member of the PAC report back after a thorough analysis of a smaller portion of the overall document. Additional discussion ensued amongst all members of the PAC about the advisability of the project and the impact of the project in terms of traffic and socio-economic impact on existing stores and merchants in the project area. MSC (McFarlin/Silva) to approve recommendation #1 in the staff report, that the PAC certify the Final EIR 91-02 for the Palomar Trolley Center and certify that it had been prepared in compliance with CEQA and environmental review procedures of the City of ChuJa Vista and that the information contained in the Final EIR has been reviewed and considered (4-1-2, Wheeland opposed). MS (Silva/La Guardia) to approve recommendation #3 in the staff report, that the PAC adopt a motion recommending that the City Council adopt a resolution to amend the General Plan by redesignating 3 acres depicted in Exhibit A from Research and Limited Man,qacturing to Retail Commercial (3-1-2-1, Wheeland opposed; McFarlin abstained). MOTION FAILED FOR LACK OF A MAJORITY. Member Wheeland requested that it be noted in the minutes that this vote did not constitute a majority of the existing membership of the PAC and she felt it should therefore, not serve as a recommendation of the PAC. MSC (Silva/La Guardia) to approve recommendation #4 in the staff report, that the PAC adopt a motion recommending that the City Council adopt a resolution to amend the Montgomery Specific Plan by redesignating the 3 acres depicted in Exhibit B from Research and Limited Industrial and Other to Mercantile and Office Commercial (4-1-2, Wheeland opposed). MSC (Silva/La Guardia) to approve recommendation #S of the staff report, to recommend that the City Council adopt an ordinance to change the zone classification from I-L-P to C- I"'" 4r _..__.__u"··,, Southwest PAC - 4- December 16, 1991 Minutes - Cop for the 3 acres depicted in Exhibu C including adoption of the supplemental rmding of application of a P modifier (4-1-2, Wheeland opposed). 3. REPORT: PAC Letter to Chula Vista Library At its previous meeting, after a presentation on the new South Chula Vista Library by Library Director Rosemary Lane, PAC members requested that a letter from the PAC be prepared to the Chula Vista Library Board of Trustees, City Council members, and Library Director Lane. This draft letter was distributed at the meeting. Some discussion ensued from PAC members. Generally, the letter was viewed favorably. Member Brown requested that the phrase, "we request that every effort be made to ensure that... ' be inserted in the fourth paragraph on the first line after, "we request that". PAC members requested that the change be made, and that a final draft be sent to the PAC chair for signature. MSC (La GuardialMcFarlin) to reword letter as requested and have staff f'malize the letter for signature by PAC Chair Linda Brown (5-0-2). 4. ORAL COMMUNICATIONS None. 5. STAFF COMMENTS None. 6. CHAIRPERSON'S COMMENTS a. Vice Chair Jones thanked the Committee members for their attendance and attention to the very complex Final EIR for the Palomar Trolley Center. 7. MEMBERS' COMMENTS None. ADJOURNMENT to the meeting of February 3, 1992 at 4:30 p.m. in Conference Room 1, Public services Building. ~. ,'~ - ding Secretary [SOUTHWESIMIN.12-16J II.ø .. 4.~ ~.,........._.._. · Resolution GPA-91-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GPA-91-04 CITY-INITIATED PROPOSAL AMENDING THE GENERAL PLAN FOR THE PALOMAR TROLLEY CENTER PROJECT LOCATED SOUTH OF PALOMAR STREET BETWEEN BROADWAY AND THE MTDB PALOMAR TROLLEY STATION. WHEREAS, on August 28, 1990, the city Council approved the General Plan Amendment/Specific Plan Amendment and rezone to designate the 12.2 acre Palomar Trolley Center project site for commercial use on the condition that Pacific Scene, Inc. (PSI) agree to restrain itself from pursuing the 12.2 acre center while PSI and the Redevelopment Agency pursue an expanded center encompassing 18.2 acres, and WHEREAS, the City Council desired the expanded proj ect to provide a comprehensive development plan for the area and to provide additional sales tax and tax increment generation, and WHEREAS, 3 of the 6 acres of the expanded project are currently designated as "Research and Limited Manufacturing" and must be redesignated to "Retail Commercial" to allow development of an expanded 18.2 acre project, and WHEREAS, an application for a City-initiated General Plan Amendment was completed by the Planning Department of the City of Chula Vista on February 4, 1991, and WHEREAS, the subject property is immediately surrounded by commercially designated property to the north and west, and by existing commercial development to the east, and WHEREAS, without the proposed general plan amendment, a 3-acre island of industrial land lacking street frontage would exist surrounded by commercial development to the north, west and east, and WHEREAS, the Planning Commission set the time and place for a hearing on said General Plan Amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within l,OOOfeet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., January 8, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and 1&- ru · WHEREAS, the Planning commission certified that the Final Environmental Impact Report (FEIR-91-02) has been prepared in compliance with CEQA and the Environmental Review Procedures of the city of Chula Vista and that the information contained in the FEIR has been reviewed and considered. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as follows: 1. The general plan amendment to redesignate the 3 acres depicted in Exhibit A from "Research and Limited Manufacturing" to "Retail Commercial" is consistent with the surrounding land uses and that public necessity, convenience, general welfare and practice support the General Plan Amendment, and 2. The general plan amendment is required to fulfill the City Council's direction that PSI pursue an expanded 18.2 acre project which is desired for redevelopment of the property as part of a comprehensively planned commercial center which will implement the City's redevelopment plans for this portion of the Southwest Project Area. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council approve the general plan amendment to redesignate the 3 acres from industrial to commercial use and that a copy of this resolution be transmitted to the owners of the property and the city Council. PASSED AND ADOPTED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of January, 1992, by the following vote, to-wit: AYES: Commissioners Decker, Fuller, Martin, Tugenberg, Tuchscher NOES: Commissioner Carson ABSENT: Commissioner Casillas ABSTENTIONS: None ~;1'- -Y7~ usan Fuller, Chair ATTEST: ---:1--~At~~ ~t?-'-~ N'ancy R'pley, ecr ary 1'-- Sf ~'-'---'----"-'---'~"---'-'-------'---'" ì RESOLUTION NO. GPA-91-5/PCZ-91-G RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GPA-91-5/PCZ-91-C CITY-INITIATED PROPOSAL AMENDING THE GENERAL PLAN/REZONING, FOR AN AREA NORTH OF "E" STREET, SOUTH OF 'D" STREET, BOUNDED TO THE EAST BY THIRD A VENUE, TO THE WEST BY LANDIS AVENUE, TO RESOLVE GENERAL PLAN/ZONING INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA COMMUNITY. THE PRECISE TERRITORIAL LIMITS, PROPOSED GENERAL PLAN AMENDMENTS AS DEPICTED ON THE ATTACHED EXHIBIT A. WHEREAS, the subject proposal item involves amending the General Plan in an area referred to as the General Plan/Zoning Consistency Study Special Study Area B-3A in Central Chula Vista. The study area includes approximately 5 acres and 21 lots. The precise territorial limits, proposed general plan amendments as depicted on the attached Exhibit A, and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., September 25, 1991, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-91-51, and NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the General Plan amendments/rezonings are consistent with the Chula Vista General Plan and that public necessity, convenience, general welfare and practice support the proposed General Plan amendment and rezoning. I ~- Sl. .....u rt.~7.~J'L,",,¿j'7"'-U' - , , BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt an ordinance to redesignate certain territory as depicted on the attached Exhibit A, on the plan diagram of the Chula Vista General Plan based on the following findings: l. Based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the proposed rezonings and General Plan amendments will have no significant environmental impacts and adopt the Negative Declaration issued on IS-91-51 for the General Plan/Zoning Consistency Study. 2. Adopt a resolution to change the General Plan as described on the attached Exhibit A. 3. Adopt an ordinance to change the zones as described on the attached Exhibit A, subject to the following conditions: (a) The City of Chula Vista shall enforce any legal mechanism sponsored by the Chula Vista School District and the Sweetwater Union High School District to mitigate impacts on school facilities. (b) All existing nonconforming uses created as a result of this action shall be allowed to be reconstructed in the event of destruction of greater than 60% of the property's improvements upon review and approval of the Planning Commission. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 25th day of September, 1991, by the following vote, to-wit: AYES: Commissioners Casillas, Decker, Fuller, and Martin NOES: None ABSTENTION: None ABSENT: Commissioners Carson and Tugenberg ¿~11- èIJ~ Susan Fuller, Chair ATIEST: (OPA-91-5fPCZ.91.(J) I lP··~ ~-_.-- ..-.....-----......-.----.-.-- .._-'""_._-_.~..,--,.__...._-_._._,._.. \¿\~~ /0 p) ~,-'. ,C -- File No. ,~:;>..~ i ç"- . PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE &\Y;'\,1d- G:,\>~ ~Q,\-\)\ {:tZ -q i -f -., "'-1Y~ ~\( / .' \? SUBJECT (::)Q..h.(.A(~)' fL>".,--..J..:v LOCATION 'f\"'-\S0\. ~'N'L4, ~~LV_)' ._~ d- SENT TO STAR NEWS FOR PUBLICATION BY BY HAND: BY MAIL PUBLICATION DATE &\ "'6\11d-. MAILED NOTICES TO PROPERTY OWNERS ~ Cï::;3::lU.j{"..l NO. MAILED " Legislative Staff, Construction Industry Fed. 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NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering an amendment to the Chula Vista General Plan and the Montgomery Specific Plan by the redesignation of a certain 3.0 acre area, located on the southeasterly quadrant of an unnamed street and Palomar Street from "Research and Limited Manufacturing" to "Retail Commercial" on the Chula Vista General Plan Land Use Map and from "Research and Limited Industrial" to "Mercantile and Office Commercial," on the plan diagram of the Montgomery Specific Plan. Consideration will also be given to an application to rezone the above sited property from "I-L-P" (Limited Industrial) to "C-C" (Central Commercial). A plot plan and legal description are on file in the office of the Planning Department. An Environmental Impact Report EIR-91-02 was prepared under the aegis of the Environmental Review Coordinator. A finding of no significant, unmitigable impacts associated with project implementation has been recommended to the City Council and is on file, along with the Initial Study, in the Planning Department. Any petitions to be submitted to the City Council must be received in the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action on this General Plan Amendment, Specific Plan Amendment, and/or Rezone in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council prior to the public hearing. Correspondence to the Commission should be directed to the City Clerk, City of Chula Vista, P. O. Box 1087, Chula Vista, CA 91912. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, February 18, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. Any person desiring to be heard may appear. DATED: February 3, 1992 CASE NO: GPA-91-04; PCZ-91-F Beverly Authelet City Clerk 'II (:")~~~'() t::'E.>r ~Ci'J!t~! c~ pe(I!'" th~t I ~m (' \ . 'J.x:j ::,;' C:':.::J./;S:8 in the :'./ ::;1;:';',.. [:;i<" th.:J~ ! ¡::)3tC j Jt·t / ~ r.:i ;~~"~ ~:\~;[(~..:,¡ t:>:~:-'-:i [j't Y-0'''' :~ ~."..;1, ~ ,,' ..2 :,v fA _. ' . _ __:.d1 7 .__.,._----_..,-,.._-"._..__.._...~-- - PALOMAR , , , tD ,.. <: 0 , ! / STREET // -/ m LOW-MED. DENS. RES.(3-e du)ae) GPA 91-04 . ~ MED. DENS. RES.(6-11 du/ae) . MEO. HIIIH DENS. .-es.(1 1-11 ""ac) --.. - ----- - CHANGE FROM "PESEÞ..RCH & LMTED INDUSTRIAL' AND ~ HIGH DENS. RES.(18-27 du)ac) . 'OTHER' TO "MERCANTLE & OFFICE COMMERcIAL' .. MERCANTILE &' OFF. COM/,t C AREA TO BE CHANGED MONTGOMERY SPECFIC PLAN o THUROUGHFARE COMM. ~?-¿'2 . Q 0 EN 100 200 EXHIBIT B ::::::::::::. RETAIL COMM. '.,,:.. ~~~~~ & p _ ~ 0 400 .. ..III)\TFlIA.L _______ RESOLUTION NO. /I.c; 12- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR TROLLEY CENTER PROJECT (EIR 91-02) SCH #89032915 Whereas, the area of land which is the subject matter of this resolution is an irregularly shaped parcel of land consisting of approximately 18.2 acres, denoted as the "Project site" on the attached Exhibit A ("Project Area"); and, Whereas, a person having control over all or a portion of the development of the Project Area has proposed, or is in the process of proposing the development of the Project Area with the following improvements ("Palomar Trolley Center Project" or alternatively "Project"): 198,200 gross square feet of building space covering approximately 25% of the site area, with the remaining 75% of the project area consisting of sidewalks, parking, landscaping, and roadways, an entertainment/recreation center, a day care center, vacation of a street, and such other improvements, all of which is more particularly described in section 3.0, "Project Description" of the document entitled: "Final Environmental Impact Report, Palomar Trolley Center" prepared by Cotton/Beland/Associates, Inc. ("Consultant"), and dated February, 1992 ("FEIR"), which project description contained therein is incorporated herein by reference as the "Project," as if fully set forth herein, and which takes precedence to any inconsistencies with a discription or reference to the Project herein contained; and, WHEREAS, the Staff of the city ("staff") has determined that it will be necessary for the city to "approve" the Project by consideration, now or in the future, of the discretionary activities identified in section 3.0, "Project Description" under the sub-section thereof, entitled "Intended Uses of the EIR", of the FEIR; and, WHEREAS, based on a preliminary review of the Project, the Staff has determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff has determined that the Project is not exempt, either statutorily or categorically, from compliance with the statutory duty, as set forth in the California Environmental Quality Act ("CEQA") to prepare an environmental impact report (Guidelines 15061); and, Whereas, in order to more fully determine that the Project may have an adverse environmental impact, the Staff conducted an pal-eir1.wp certification of EIR February 21, 1992 Page 1 Il"A-1 __,,_._......__m__.', __._._.__. initial study, Initial study No. EIR 91~02, located in Appendix A of the FEIR, dated January 8, 1990, which conc1uded that there is substantial evidence, or a reasonable inferences from substantial evidence, that the Project may have a significant adverse effect on the environment (Public Resources Code ("PRC") Section 21100, 21151) and therefore determined to cause to be prepared an Environmental Impact Report ("EIR") on the Project; and, WHEREAS, city retained the services of Consultant to prepare the EIR on the Project; and, WHEREAS, a draft Environmental Impact Report, dated September, 1991, ("OEIR") evaluating the proposed Project was prepared; and, WHEREAS, on September, 1991, the Staff filed a notice of completion ("NOC") of the preparation of the DEIR with the Office of Planning and Research (Guidelines 15085 (a», and indicated therein that the period for public review and receipt of comments would be from September 16, 1991 to November 6, 1991 ("Public Review Period"), and at the same time of said filing, published or otherwise gave in the manner required by law a notice of the availibility of the DEIR ("Notice of Availability") both to commentators on the Notice of Preparation ("NOP") on September 13, 1991 and to the general public by newspaper publication in the Star News on October 5, 1991; and, WHEREAS, the DEIR was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and WHEREAS, written comments from the public on the DEIR were accepted during the Public Review Period; and WHEREAS, as a result of comments from the PUblic and other public agencies, no significant new information was added to the DEIR, and the city has determined that the EIR did not need to be recirculated (PRC 21092.1); and, WHEREAS, on November 6, 1992, the City Planning Commission, which is the designated commission of the City for this purpose, held a public hearing for the purpose of evaluating and responding to public comments, and in connection therewith, accepted public testimony on the DEIR; and WHEREAS, City has provide at least ten days before certifying a final EIR written proposed response to comment made by any public agency on the DEIR (PRC 21092.5); and, WHEREAS, agency and public comments have been addressed in the Final Environmental Impact Report ("FEIR") for Project; and pal-eir1.wp certification of ErR February 21, 1992 Page 2 I~A-'2.. - _.._..._.._.._._._,._--,.,,_..._.~ WHEREAS, the Final Environmental Impact Report was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby find, determine, resolve and order as follows: 1- The Final Environmental Impact Report. The Final Environmental Impact Report for the Project consists of: A. Final Environmental Impact Report (EIR 92-01) SCH # 89032915, dated February, 1992, which contains (1) Comments of the DEIR; (2) Responses to Comments on the DEIR including an Introduction; and, (3) section 10.0 of the FEIR, containing two addendi to the FEIR; and, B. Appendices (A through G) to the FEIR 2. certification. The FEIR is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines (Guideline 15090). 3. FEIR Reviewed and Considered. The FEIR has been reviewed and considered by the City Council of the City of Chula vista (Guideline 15090) prior to approval of the Project; and, 4. Resolution Not to Be Deemed Project Approval. Nothing herein shall be deemed to constitute approval of the Project. 5. Record of Proceedings. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; shall make a minute of the passage and adoption thereof in the record of the proceedings of pal-eir1.wp certification of EIR February 21, 1992 Page 3 Ito~"3 __--0. .- --~--_..__._,._---,--- the City Council of said City in the minutes of the meeting at which same is passed and adopted. Passed, approved and adopted this th day of , 1992. Tim Nader, Mayor, City of Chu1a vista Attest: City Clerk City of Chula vista (Seal) pal-eir1.wp certification of ErR February 21, 1992 Page 4 11014.-4 ".-..--."'---.--"..--..- IE t,t) 0) <I: 1&1 I c:: ~ LO .- l- · c:: Q) 0 - .. CD . Q. c SN · - ca I U ::J: t- .2> Q) Q. fI) I >- >< I U ! · u.~ W II en 0 0 I N U ;¡ ~ - . (.,) ;: II e: Q) " f') ... I .- \ õi 0 a: , " a: ~ Q. \ Cl. ,--- ..... -\ ~ Q. I - - t- o 0) I 0 Ci) c: U I a: .- J - 0 en .- Is X / ... ! W 'E 0 Q. 0 N (,) I - l: ¡; U £ ~ I " U . ;) e - i e ca I 0 fI) (.) Q. ayken Way c: ! 0 I ;: .. CJ "'" I .i! :ë I I , - co 0 CJ _J. ~ 0. ::> " 0 c( - e: - .. 0 u - &: W -- .. .. ~ ~~ a: w c( ~ Ii: .... 0 en z 0\ W 0\ I- - ::E " (.,) ;;; W 0 8 :;: "") Z . .. O·w i '5 a: ::E ~ ! &: I 0 !1 (.) 0.. c( oJ ! N .s õ I , 0 ;¡ en en N .! ... - , , ï:i W W .. ~-.,-...-... ;¡ .. - o ~ u l- I- , 't: " --- e .; , -- ;;; 0 0 ::> e ,s::, ¡¡ ... 0 Z Z C\I ., . .E (.) - .. .... e: W w a: ! ... ;¡ 0 'ii ! - 0 0 - Z 0 ë E ~'. . en " co Q. C\I ::J (.) +- c: I a: .. ææ 'ë · I 0 t- o N · I -- ð ~ Gi I CJ -- 0 " -- ~ 0 '" · 5.2·8 12~ tf ¿.fl1Î/V b1JIßlí ~A1i ð¿n¿TIÞ,ÛJIf I -~ -"---------~-" council Resolution No. } l. '5~ . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN ON CONDITIONS FOR THE PALOMA R TROLLEY PROJECT AND ZONE CONSISTENCY SUBAREA B-3-A, AND AMENDING THE MONTGOMERY SPECIFIC PLAN ON CONDITIONS, MAKING CEQA FINDINGS AND ADOPTING A MITIGATION MONITORING PROGRAM REGARDING THE PALOMAR TROLLEY CENTER COMMERCIAL SHOPPING CENTER PROJECT. Palomar Trollev Center proiect Matters Entire proiect Area WHEREAS, the property which is the subject matter of a commercial shopping center development referred to herein is a rectangular area of land approximately eighteen and 2/10ths (18.2) acres bounded on the north by Palomar Street on the east by Broadway, on the west by the San Diego Trolley Palomar Street station and on the south by San Diego Gas and Electric right-of- way, and is diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Entire Project Area") and if attached, as the area outlined with such designation; and, Amendment Area WHEREAS, the property which is the subj ect matter of an application herein referenced for general plan amendment, Montgomery Specific Plan Amendment, and change of zones is a portion of the Entire Project Area consisting of approximately three (3) acres in the southeast portion of the Entire Project Area, diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Amendment Area") and if attached, as the area shown in cross-hatch thereon; and, Pro;ect WHEREAS, Pacific Scenes, Inc. ("PSI"), the entity which has development control over most of the Entire Project Area has proposed a plan for the construction of 198,200 gross square feet of commercial shopping center improvements on the Entire Project Area pursuant to a plan that is more fully described in the FEIR, Section 3.0 ("Project Description"), page 3-1, which entire plan for improvement shall herein be referred to as the "Project"; and, pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 1 I (",8 -I ,~- po- Application for Entitlements WHEREAS, in conjunction with a plan for the construction of a 198,200 gross square foot shopping center located on the Entire Project Area, Pacific Scenes, Inc. (PSI) has filed an application ("Application") with the City for a General Plan Amendment, Montgomery Specific Plan Amendment and change of zone from Light Industrial with a P Modifier ("I-L-P") to Center Commercial with a P Modifier ("C-C-P") for the Amendment Area to allow for the use of the Entire Project Area for a shopping center containing five major anchor tenants and other retail facilities such as five building pads, two of which will have drive-through capabilities for fast- food restaurants, sidewalks and landscaping, all as more fully set out in the proposed Palomar Trolley Center Semi-Exclusive Negotiating Agreement ("SENA"), and that Application on file with the Director of the Planning Department; and, Certifyinq Resolution WHEREAS, the City Council did, by the adoption of Resolution No. 16522 ( "certifying Resolution"), certify that the Final Environmental Impact Report, as defined therein, was prepared in accordance with the requirement of the California Environmental Quality Act, and the guidelines lawfully promulgated thereunder; and, WHEREAS, the recitals and resolutions of the City Council contained in said certifying Resolution are incorporated herein as if set forth in full hereat; and, Palomar Trolley Center Pro;ect Public Hearinq WHEREAS, a public hearing was held before the city Council on PSI's Application for a General Plan Amendment, Montgomery Specific Plan Amendment and Zone Change ( "Public Hearing") on or about February 25, 1992 regarding the Palomar Trolley Center , Zone Consistency Study Area 3-B-A WHEREAS, the City Council, by a public hearing held on or about February 4, 1992 ("Public Hearing 91-5) at which it determined that, by a consolidated general plan amendment, that an approximate 5 acre, 21 parcel area bounded by E Street, D Street, Third Ayenue and Landis Avenue, all as more particularly identified in Exhibit -' incorporated herein by reference ("Zone Consistency Study Area 3-B-A"), should be replanned for General Plan purposes from "Low-Medium Residential (3 to 6 dwelling units per acre)" to "Medium-High Residential (11 to 18 dwelling units per acre)"; Now, therefore, the city Council of the city of Chula Vista does hereby find, determine, resolve and order as follows: pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 2 ~ð..:2- -,....._----...., ,._~_........_.._,- section 1. Planning Commission Record Incorporated. As to the Palomar Trolley Center Project, the proceedings before the Planning commission on the Application, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. section 2. EIR Compliance with CEQA As to the Palomar Trolley Center Project, the city Council has reviewed and considered EIR No. 91-02, the environmental impacts therein identified by the project, the candidate findings attached hereto as Exhibit B, and the proposed mitigation measures contained therein and has found, by the adoption of the Certifying Resolution that EIR No. 91-02 was prepared in accordance with the requirements of CEQA and guidelines lawfully promulgated thereunder. section 3. General Plan Amendment for Amendment Area, Palomar Trolley Center Project. As to the Palomar Trolley Center Project, the City Council does hereby conditionally amend the Land Use Element of the General Plan to provide that the land use designation for the Entire Project Area shall be Retail Commercial. The conditions of the amendment are as follows: a. Implement the Project as Herein Amended. The "Project", as described in the EIR, except as may be modified by other and further conditions herein imposed, shall be imlemented by the Applicant. b. Environmental Impact Mitigation Measures Implemented. All environmental impact mitigation measures ("EIMM") in the nature and to the extent attached to the FEIR as Appendix B shall be implemented as soon as commercially practical but in no event later than 3 years after the adoption hereof, unless extended by council resolution, except for those EIMM which, by their terms, require implementation and maintenance over a longer period ("Extended EIMM"), and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. c. Development Under Owner Participation Agreement (OPA) PSI shall, within two years from the date of adoption hereof, reach an agreement as to the development of the Entire Project Area with the Redevelopment Agency of the city of Chula pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 3 1(.8#3 .~_._- .-.---..---..-.....,,-...-.-.-- .--- vista which agreement shall herein be referred to as an "OWner Participation Agreement" or alternatively ("OPA"), and upon approval, PSI shall perform all covenants and promises therein contained required of PSI by said OPA. Upon determination of the City made at a public hearing at which PSI shall be given notice and opportunity to attend, that the conditions of this amendment have not occured, the General Plan Amendment herewith granted shall automatically terminate and be of no further force and effect. In such event, the Land Use designations for the Amendment Area, as contained in the Land Use Element of the General Plan shall terminate, and such Amendment Area shall revert to the existing Land Use designation of Research and Light Manufacturing ("R & L Mil). section 4. Grant of General Plan Amendment for Zoning Consistency study Area B-3-A. As to the territory of Zone Consistency study 3-B-A, the City Council does hereby amend the Land Use Element of the General Plan to provide that the land use designation for said Study Area shall be "Medium-High Residential (11-18 dwelling units per acre) ". section 5. Montgomery Specific Plan Amendment. As to the Palomar Trolley Center Project, the city Council does hereby conditionally amend the Montgomery Specific Plan Land Use Designation Map attached as Exhibit A of the Montgomery Specific Plan to provide that the land use designation for the Amendment Area indicated thereon shall redesignated from Research and Limited Industrial and Institional to Mercantile and Office Commercial. The conditions of this amendment are as follows: a. Environmental Impact Mitigation Measures Implemented. All environmental impact mitigation measures ("EIMM") in the nature and to the extent attached to the FEIR as Appendix B shall be implemented as soon as commercially practical but in no event later than 2 years after the adoption hereof, unless extended by Council resolution, except for those EIMM which, by their terms, require implementation and maintenance over a longer period (" Extended EIMM") , and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. b. Development Under Owner Participation Agreement (OPA) pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 4 1l.,s"Lf --_._.._.~_._---~--- period (" Extended EIMM") , and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. b. Development Under Owner Participation Agreement (OPA) PSI shall, within two years from the date of adoption hereof, reach an agreement as to the development of the Entire Project Area with the Redevelopment Agency of the city of Chula Vista which agreement shall herein be referred to as an "Owner Participation Agreement" or alternatively ("OPA"), and upon approval, PSI shall perform all covenants and promises therein contained required of PSI by said OPA. c. "Project" as described in the EIR Implemented. Upon determination of the city made at a public hearing at which PSI shall be given notice and opportunity to attend, that the conditions of this amendment have not occured, the Montgomery Specific Plan Amendment herewith granted shall automatically terminate and be of no further force and effect. In such event, the Land Use designations for the Amendment Area, as herein made shall' automatically terminate, and such Amendment Area shall revert to the existing Land Use designations currently contained (Research and Light Industrial, and Institutional) in such Montogomery Specific Plan. section 6. Notice of Determination The City Manager, or his designee, is hereby directed, after the passage and adoption of this resolution, to deliver a Notice of Determination as to the Palomar Trolley Center Project, together with a copy of this Resolution, its Exhibits, and all resolutions passed by the city council in connection with this Project, with the County Clerk of San Diego County and, in accordance with Public Resources Code section 21152, to cause such Notice to be posted in the County Clerk's office. The City Manager shall accomplish all of the above notice requirements within five working days following the passage and adoption hereof. section 7. Record of Proceedings That the city Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the city council of said City in the minutes of the meeting at which the same is passed and adopted. pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 5 Il.B .. S .-----...-.-..-'" .,-._--" Passed, approved and adopted this day of , 1992. Tim Nader, Mayor city of Chula Vista, California Attest: city Clerk of the City of Chula Vista, California. (SEAL) pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 6 it- S -lø _._._--_....._._._-,_.,--_.._"'~..- Exhibit A to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone Entire Project Area (outlined) Amendment Area (cross-hatch) Figure 5-5 of the FEIR pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 7 110 ~-, "---------,--- -.------ Exhibit B to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone PALOMAR TROLLEY CENTER CEQA CANDIDATE CEQA FINDINGS FOR FINAL ENVIRONMENTAL IMPACT REPORT EIR 91-02 IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATIVE CODE pal-gpa2.wp Reso re Palomar GPA/PCA February 25, 1992 Page 8 (~g..f . ~-_.~._~._--,._.._---- --_...._~-_..- Exhibit c to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone PALOXAR TROLLEY CENTER CBQA CANDIDATE CEQA FINDINGS FOR FINAL ENVIRONKENTAL IMPACT REPORT BIR '1-02 IN ACCORDANCE WITH SECTION 21081 01' THE CALIFORNIA ENVIRONKBNTAL QUALITY ACT AND SECTION 150.1 01' TITLB 14 01' THE CALIFORNIA ADMINISTRATIVB CODB pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 9 From the Office of the city Attorney City of Chula Vista Memorandum Date: February 26, 1992 Bruce M. Boogaard, City Attorney From: To: Honorable Mayor and Councilmembers cc: Chris Salomone Re: Palomar Trolley Center Project Due to the press of business in my office on the Thursday and Friday prior to the February 25 Council meeting wherein the Palomar Trolley Center Project was considered, I was unable to give the approving resolutions a thorough technical review. As a result, I am now proposing some slight enhancement in the CEQA findings paragraph that I proposed for interlineation during the Council meeting (which was approved). This is a borderline call between a clerical/typographic error within my discretion to correct and something of a more substantive nature which should be corrected by the Council. All the proposed changes are shown iri the attached two resolutions, both the ones approved by the Council at the meeting, and the enhancement of the findings, at Section 6. Unless I hear a request from any of you to ratify or reject such changes, I will make the changes administratively as the correction of a clerical error. ( Council Resolution No. 16325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN ON CONDITIONS FOR THE PALOMAR TROLLEY PROJECT AND ZONE CONSISTENCY SUBAREA B-3-A, AND AMENDING THE MONTGOMERY SPECIFIC PLAN ON CONDITIONS, MAKING CEQA FINDINGS AND ADOPTING A MITIGATION MONITORING PROGRAM REGARDING THE PALOMAR TROLLEY CENTER COMMERCIAL SHOPPING CENTER PROJECT. Palomar Trollev Center proiect Matters Entire proiect Area WHEREAS, the property which is the subject matter of a commercial shopping center development referred to herein is a rectangular area of land approximately eighteen and 2/10ths (18.2) acres bounded on the north by Palomar Street on the east by Broadway, on the west by the San Diego Trolley Palomar Street station and on the south by San Diego Gas and Electric right-of- way, and is diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Entire Project Area") and if attached, as the area outlined wit~ such designation; and, Amendment Area WHEREAS, the property which is the subject matter of an application herein referenced for general plan amendment, Montgomery Specific Plan Amendment, and change of zones is a portion of the Entire Project Area consisting of approximately three (3) acres in the southeast portion of the Entire Project Area, diagrammatically presented in Figure 5-5 of the Final Environmental Impact Report, Palomar Trolley Center, EIR 91-02 (FEIR), a copy of which is attached hereto as Exhibit A ("Amendment Area") and if attached, as the area shown in cross-hatch thereon; and, proiect WHEREAS, Pacific Scenes, Inc. ("PSI"), the entity which has development control over most of the Entire Project Area has proposed a plan for the construction of 198,200 gross square feet of commercial shopping center improvements on the Entire Project Area pursuant to a plan that is more fully described in the FEIR, section 3.0 ("Project Description"), page 3-1, which entire plan for improvement shall herein be referred to as the "Project"; and, pal-qpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 1 Aoolication for Entitlements WHEREAS, in conjunction with a plan for the construction of a 198,200 gross square foot shopping center located on the Entire Project Area, Pacific Scenes, Inc. (PSI) has filed an application ("Application") with the City for a General Plan Amendment, Montgomery Specific Plan Amendment and change of zone from Light Industrial with a P Modifier ("I-L-P") to Center Commercial with a P Modifier ("C-C-P") for the Amendment Area to allow for the use of the Entire Project Area for a shopping center containing five major anchor tenants and other retail facilities such as five building pads, two of which will have drive-through capabilities for fast- food restaurants, sidewalks and landscaping, all as more fully set out in the proposed Palomar Trolley Center Semi-Exclusive Negotiating Agreement ("SENA"), and that Application on file with the Director of the Planning Department; and, certifvinq Resolution WHEREAS, the City Council did, by the adoption of Resolution No. 16522 ("Certifying Resolution"), certify that the Final Environmental Impact Report, as defined therein, was prepared in accordance with the requirement of the California Environmental Quality Act, and the guidelines lawfully promulgated thereunder; and, . WHEREAS, the recitals and resolutions of the City Council contained in said certifying Resolution are incorporated herein as if set forth in full hereat; and, Palomar Trollev Center Proiect Public Hearinq WHEREAS, a public hearing was held before the City Council on PSI's Application for a General Plan Amendment, Montgomery Specific Plan Amendment and Zone Change ("Public Hearing") on or about February 25, 1992 regarding the Palomar Trolley Center ; Zone Consistencv Studv Area 3-B-A WHEREAS, the City Council, by a public hearing held on or about February 4, 1992 ("Public Hearing 91-5) at which it determined that, by a consolidated general plan amendment, that an approximate 5 acre, 21 parcel area bounded by E Street, D Street, Third Avenue and Landis Avenue, all as more particularly identified in Exhibit B, incorporated herein by reference ("Zone Consistency Study Area 3-B-A"), should be replanned for General Plan purposes from "Low-Medium Residential (3 to 6 dwelling units per acre)" to "Medium-High Residential (11 to 18 dwelling units per acre)"; Now, therefore, the City Council of the City of Chula vista does hereby find, determine, resolve and order as follows: ( pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 2 section 1. Planning Commission Record Incorporated. ( As to the Palomar Trolley Center Project, the proceedings before the Planning Commission on the Application, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. Section 2. EIR Compliance with CEQA As to the Palomar Trolley Center Project, the city Council has reviewed and considered EIR No. 91-02, the environmental impacts therein identified by the project, the candidate findings attached hereto as Exhibit C, and the proposed mitigation measures contained therein and has found, by the adoption of the Certifying Resolution that EIR No. 91-02 was prepared in accordance with the requirements of CEQA and guidelines lawfully promulgated thereunder. Section 3. General Plan Amendment for Amendment Area, Palomar Trolley Center Project. As to the Palomar Trolley Center Project, the City Council does hereby conditionally amend the Land Use Element of the General Plan to provide that the land use designation for the Entire Project Area shall be Retail Commercial. The conditions of the amendment are as follows: a. Implement the Project as Herein Amended. The "Project", as described in the EIR, except as may be modified by other and further conditions herein imposed, shall be imlemented by the Applicant. Environmental Implemented. All environmental impact mitigation measures ("EIUU") in the nature and to the extent attached to the FEIR as Appendix B ~ Measure No.4 on Paae 5.5-2 ("Automatic Fire SDrinklers"l ("EIMM"1 shall be implemented as soon as commercially practical but in no event later than 3 years after the adoption hereof, unless extended by Council resolution, except for those EIMMwhich, by their terms, require implementation and maintenance over a longer period ("Extended EIMM"), and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. . b. Impact Mitigation Measures c. Development Under owner Participation Agreement (O~ . PSI shall, within two years from the date of adoption hereof, reach an agreement as to the development of the Entire ( pal-qpa2 . wp February 25, 1992 Reso re Palomar GPA/PCA Page 3 Project Area with the Redevelopment Agency of the City of Chula Vista which agreement shall herein be referred tq as an "Owner Participation Agreement" or alternatively ("0PA"), and upon approval, PSI shall perform all covenants and promises therein contained required of PSI by said OPA. Upon determination of the City made at a public hearing at which PSI shall be given notice and opportunity to attend, that the conditions of this amendment have not occured, the General Plan Amendment herewith granted shall automatically terminate and be of no further force and effect. In such event, the Land Use designations for the Amendment Area, as contained in the Land Use Element of the General Plan shall terminate, and such Amendment Area shall revert to the existing Land Use designation of Research and Light Manufacturing C"R & L Mil). Section 4. Grant of General Plan Amendment for Zoning consistency Study Area B-3-A. As to the territory of Zone Consistency study 3-B-A, the City Council does hereby amend the Land Use Element of the General Plan to provide that the land use designation for said Study Area shall be "Medium-High Residential (11-18 dwelling units per acre)". Section 5. Montgomery Specific Plan Amendment. As to the Palomar Trolley Center Project, the City Cpuncil does hereby conditionally amend the Montgomery Specific Plan Land Use Designation Map attached as Exhibit A of the Montgomery specific Plan to provide that the land use designation for the Amendment Area indicated thereon shall redesignated from Research and Limited Industrial and Institutional to Mercantile and Office Commercial. The conditions of this amendment are as follows: a. Implement the proiect as Herein Amended. The "proiect". as described in the EIR. except as mav be modified bv other and further conditions herein imposed. shall be imlemented bv the Applicant. &Q. Environmental Implemented. All environmental impact mitigation measures ("BIUU") in the nature and to the extent attached to the FEIR as Appendix B and Measure No. 4 on Paae 5.5-2 (IlAutomatic Fire Sprinkler") ("EIMM") shall be implemented as soon as commercially practical but in no event later than ~ ~ years after the adoption hereof, unless extended by Council resolution, except for those EIMM which, by their terms, require implementation and Impact Mitigation Measures pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 4 maintenance over a longer period ("Extended EIMM"), and in such event, that such Extended EIMM be commenced as soon as practical, and diligently, and with good faith and best efforts, be implemented to completion. SQ. Development Under Agreement (OPA) PSI shall, within two years from the date of adoption hereof, reach an agreement as to the development of the Entire Project Area with the Redevelopment Agency of the city of Chula vista which agreement shall herein be referred to as an "OWner Participation Agreement" or alternatively ("OPA"), and upon approval, PSI shall perform all covenants and promises therein contained required of PSI by said OPA. OWner Participation e. Ilprejee't." as dessri1gea. ill ~e ErR IlBI'lemeftted. Upon determination of the city made at a public hearing at which PSI shall be given notice and opportunity to attend, that the conditions of this amendment have not occured, the Montgomery Specific Plan Amendment herewith granted shall automatically terminate and be of no further force and effect. In such event, the Land Use designations for the Amendment Area, as herein made shall automatically terminate, and such Amendment Area shall revert to the existing Land Use designations currently contained (Research and Light Industrial, and Institutional) in such Montogomery Specific Plan. Section 6. CEOA Findinasand Statement of overridina Considerations. a. AdoDtion of Findinas. The city council does herebY aDDrove. acceDt as its own. incorDorate as if set forth in full herein. and make each and everY one of the Candidate CEOA Findinas attached hereto as Exhibit C (IIFinal EIR. Palomar Trolley Center. Candidate CEOA Findinas"). b. Certain Mitiaation Measures Feasible and AdoDted. As more fullY identified and set forth in Exhibit C attached hereto. the Council herebY finds. Dursuant to Public Resources Code Section 21081 and CEOA Guidelines Section 15091. that the mitiaation measures described in the EIR are feasible. and will become bindina UDon the citv. ~ Infeasibility of Alternatives. As set forth in Exhibit C attached hereto. the Council herebY ( pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 5 finds that it is unnecessary to determine that any of the DroDosed Droiect alternatives set forth in the Final ErR can feasiblY and substantial Iv lessen or avoid the Dotentiallv sianificant adverse environmental effects since all Dotentiallv sianificant adverse environmental effects of the Dro;ect will be eliminated or substantial Iv lessened bv virute of the mitiaation measures herewith imDosed. d. AdoDtion of Mitiaation and Monitorina Proaram. As reauired bv Public Resources Code section 21081.6. the city council hereby adoDts the mitiaation monitorina and reDortina Droaram ("Proaram") attached to the FEIR as ADDendix B incorDorated herein bv reference. The Council hereby finds the proaram is desianed to ensure that. durina Dro;ect imDlementation. the Permittee/Pro;ect aDDlicant. and any other resDonsible Darties. imDlement the Pro;ect comDonents and comDlv with the feasible mitiaation measures identified in the Findinas. ~ statement of Overridina Considerations Unnecessary. After the adoDtion of all feasible mitiaation measures certain sianificant or Dotentiallv sianificant adverse environmental effects caused bv the Pro;ect will not remain. Therefore. the Council herebY finds that it is unnecessary to issue. Dursuant to CEOA Guidelines section 15093 a statement of overridina considera- tions identifvina the sDecific economic. social. and. other considerations that render that unavoidable sianificant adverse environmental effect acceDtable. section 7. Notice of Determination The City Manager, or his designee, is hereby directed, after the passage and adoption of this resolution, to deliver a Notice of Determination as to the Palomar Trolley Center Project, together with a copy of this Resolution, its Exhibits, and all resolutions passed by the City Council in connection with this Project, with the County Clerk of San Diego County and, in accordance with Public Resources Code section 21152, to cause such Notice to be posted in the County Clerk's office. The city Manager shall accomplish all of the above notice requirements within five working days following the passage and adoption hereof. Section 8. Record of Proceedings That the city Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 6 Passed, approved and adopted this day of , 1992. Tim Nader, Mayor City of Chula Vista, California Attest: City Clerk of the City of Chula Vista, California. (SEAL) pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 7 Exhibit A ( , to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone Entire Project Area (outlined) Am~ndment Area (cross-hatch) Figure 5-5 of the FEIR ( pal-gpa2.wp February 25, 1992 Reso re Palomar GPA/PCA Page 8 Exhibit C to the Resolution Granting a General Plan Amendment, Montgomery Specific Plan Amendment and Rezone PALOMAR TROLLEY CDlTER CBQA CANDrDATE CEQA FrNDrNGS FOR FrNAL ENVrRONKBNTAL rMPACT REPORT ErR '1-02 rN ACCORDANCE WrTB SECTrON 21081 OF THE CALrFORNrA ENVrRONKBNTAL QUALrTY ACT AND SECTrON 150'1 OF TrTLE 14 OF THE CALrFORNrA ADXrNrSTRATrVE CODE pal-gpa2 . wp February 25, 1992 Reso re Palomar GPA/PCA Page 9 ~}djU..' I ~?()J~ ( ,:, . .. \ '. I...~ 'I. cl '-I q,S'" v:~ ;;, >k;~!~ ~,"'. C l ""., r: ,'< ~' . r' , ,nt' ,--k ,<S! 'j( -" , " I~ . , "\ J. . ~ : "- r~ i .J ~ : ~ L ~.) 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'I; ~::Irr_t t.I.;.~;:-"; ¡:,.¡J ~n.:'t PU¡-"!.:' ::eC;::':iS t", ',,'OI\Id"'-J :'''''F ,~, ~I ir'\;' ,:.,,~ ~~;a~lf~1;' '. .J )".1;. \P';.'1 J'I, t,;';C..:\; (¡f. r' ~\.~("rJ·r·' , ,; ~L.;Hït! 2 0:1:".1-, (/'t1U~';·.;Î'_'': ':,; };J ,í't~~ Ü"l: ,. ¡' ,.I¡ '}~ i>.~ ,(:c-u:: '~'n:'- Î( .. ~.n(' C-~ ;3.J :",l:h:~:(>; (·f ~!:"'<i:"L~ ' , ... I' i';' .: ~ . :1;::{ :\_\:( ",..,IT ~ 1. ~, . (1' --. -J:¡ ,'~ ~~ . , I (. >;,~ ¿i¡~t .n ;JC',<tt' ~'~, ;1 ',~ . '~ " ' " ,',- r.~. .."'¡ (\ ,"1' .,.., ~:'ï ),; ~ ", ¡Y..1li(,;J,=:', ..;i. ¡1'LLI~f.: (V'~I,;íl !',:\')~>1,'. ~.. ,. U: i" ,,';( , .~..., 'Ë'.u. ¡~' '-, ¡f;'" '''. 1, X~;;',t CUr; n', '~j.' I . ""'" ~ -... ~ ;¡ : ~ '_1" ':;! ", ¡ ,:,n:,i"'. ( c:<;·~ r\~ 'J'> , .\ H , :~. {J ~ \~ F ·'·.,;'T ¡ ·,'"1 , ." \...¡. \ ,. L ", " ~ ., (' t: i. rt~· !;jbr ';1"[' C.", " }1j "¡~- ~;~';\. ),.j.,~ ¡ "!~ ì;, ~~\~,iJ'>~ f,iif :T..:.~{'·';· ,,;,. ~, f ".1" ~¡v ~., ,r:;;J ':'(~:·'·'~ì(.~~,,-":¿.1 (:...0,'; :;,'h.~"!, '.II:¡ '.:\ il'l ,-r",_lq ..r .,-f' ',t,;"; it..." '"<01 PJ 1':(> , '0. (:;., , '.'" ..' .,...., .,.; , ~~ ¡, , i',) '; : ,,' ~ h:, I'\n.~¡' ,;', '-,'~ ,he' ~.¡),I.;.'-~drt:, , ,,~: t, ..,' '~~,,; t i ,.);', ",' '¡.'.: ,}""" " , .- I ~.' .,. - ,-~-- -,~. i', "1-_, t.:~ Ilcr ¡"'ri.'l't \' r ".,'., f' \"'": .~ ;; ),; .~r, Ii' r: ~,' , H:' ' . t ~ \ I Cø- C-~ , '_,1 ,. COUNCIL AGENDA STATEMENT Item 17 Meeting Date 02/25/92 17. PUBLIC HEARING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY REPORT DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Staff recommends that the public hearing be opened and continued to the Council meeting on 3/3/92 at 4:00 p.m. \"'\ -l - --- ---.,.--- ...-._._._-------~,..-.-~--- ,¡ COUNCIL AGENDA STATEMENT Item J!.- Meeting Date 2/25/92 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-91-24; Appeal of Planning Commission approval of request to redevelop service station and add mini- market and car wash at 1498 Melrose Avenue Resolution Affirming the decision of the Planning Commission and thereby approving PCC-91-24 SUBMITTED BY: Director of Planning hI! REVIEWED BY: City Manager ø (4/Sths Vote: Yes_No..xJ This item is a proposal to redevelop the service station at 1498 Melrose Avenue with new facilities, including new gas dispenser islands and canopy, 1800 sq. ft. mini-market, and a 750 sq. ft. automatic car wash. It has been called forward on appeal by the City Council in response to concerns raised by surrounding residents and business owners. RECOMMENDATION: That Council continue the hearing on the appeal ofPCC-91-24 to the meeting of March 24, 1992. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Planning Department, with the concurrence of the applicant, is requesting additional time to address the concerns raised by the surrounding residents and business owners. These concerns have to do with increased traffic and the concentration of liquor sales. We have taken the liberty of distributing a notice to the mailing list which states that a continuance to the meeting of March 24, 1992, has been recommended and will likely be granted by the City Council. FISCAL IMPACT: Not applicable. (pcC91-24.A1l3) \\ - \ - ,_._----------~.__.-.---~ COUNCIL AGENDA STATEMENT Itelll ¡'f Meeting Date 2/25/92 ITEM TITLE: Public Hearing - Consideration of establishing Underground Utility District No. 121 on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue Resolution I.':),-~ Establishing Underground Utility Di stri ct No. 121 on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue and authorizing the expenditure of allocation funds to subsidize 10 single-family residential service lateral conversions SUBMITTED BY: Director of Public Work~» ~ REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-) On January 28, 1992, by Resolution No. 16482, the City Council ordered a publ ic hearing to be held on February 25, 1992, to determine whether the public health, safety, or general welfare require the formation of an Underground Util ity District on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue. RECOMMENDATION: That Council: 1. Conduct a public hearing on the formation of the conversion district. 2. Adopt a resolution forming the district and authorizing the use of $9,450 of allocation funds to subsidize 10 single-family residential service lateral conversions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Ut il ity Advi sory Committee, cons i st i ng of representat i ves of SDG&E, Pacific Bell, Cox Cable TV, Chula Vista Cable, and the City staff agreed to propose to Council the formation of a di stri ct to convert the overhead hcil ities along "F" Street between Church Avenue and approximately 100 feet east of Second Avenue. This project is on the Council's approved pri ority 1 i st and is in accordance wi th Counc i 1 's des i re to underground the utilities adjacent to the Norman Park Senior Center. The proposed utility undergroundi ng di stri ct along "F" Street is about 1,300 feet long running from Church Avenue to approximately 100 feet east of Second Avenue (please see Exhibit "A"). The estimated cost for undergrounding the utilities is $400,000. West of the proposed district, undergrounding of overhead utilities has been completed. The Average Daily Traffic (ADT) count in this reach of "F" Street is 9,700 vehicles per day. Staff recommends the format i on of thi s convers i on di stri ct along "F" Street because: \~-l Page 2, Item \~ Meeting Date 2/25/92 1. "F" Street is a major thoroughfare in the City's Central Business District. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to the City's Central Business District. 2. The project is proposed at this time due to the completion of Norman Park Senior Center. 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. 4. Undergrounding has been completed on "F" Street west of Church Avenue, thus making the proposed district an extension of an undergrounded section. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to hold a pub 1 i c heari ng to determi ne whether the pub 1 i c health, safety and genera 1 welfare requires the undergrounding of existing overhead utilities within designated areas of the City and to give the persons the opportunity to speak in favor or against the formation of a proposed district to underground util ities. The purpose of formi ng the d i stri ct is to requi re the utili ty companies to underground all overhead lines, remove all existing wooden ut il ity pol es wi thi n the di stri ct and to requi re property owners to change their e 1 ectri ca 1 wiring to receive underground èl ectri ca 1 service. The service lateral convers i on is a cost to be borne by the property owner and generally ranges between $300 and $1,000. To ease the burden on the property owner, Council adopted a policy (No. 585-1) on April 2, 1985, by Resol ut i on No. 11977, on the use of ut il i ty funds to subsidize the conversion of private service laterals. Per this policy, the use of allocation funds is limited to single family residential properties and is not to exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. There are ten properties located within the proposed district eligible for this subsidy. The property owners are responsible to provide the underground service and the ut il ity companies will reimburse the owner an amount (set by Counc il ) which only covers a portion of the owner's total cost. The reimbursable amounts to the property owners will be paid by the utility companies through the City after the project is completed. We have determined that the 10 property owners should be subsidized as follows: Length of Subsidy Parcel No. Owner Site Address Trench (ft.) Amount ($) 568-164-10-00 Katherine & Reginald Walters 219 "F" St. 30 $ 900 Florence H. Simmons Walter R. Simmons 568-164-11-00 Marion Dugger 217 "F" St. 30 900 Margaret Dugger l~-'2- .. ... ._--~ "-".....-. Page 3, Ite..~ Meeting Date 2/25/92 Length of Subsidy Parcel No. Owner Site Address Trench (ft.) Amount ($) 568-164-12-00 Gloria & Robert Johnson 215 "F" St. 30 900 568-331-03-00 Sophie A. Trust Pflimlin 240 "F" St. 35 1 ,050 568-331-04-00 Karen & Richard Cook 236 "F" St. 35 1,050 569-030-22-00 Maxine V. Willson 293 Second Ave. 30 900 569-030-23-00 Rafaela & Tomas Mendoza 195 "P St. 30 900 568-332-01-00 Jose R. Perez 224 "F" St. 35 1,050 568-332-04-00 David & Debora Pigden 206 "F" St. 30 900 568-332-05-00 David & Mary Chaanine 202 "F" St. 30 900 TOTAL 315 $9,450 The Director of Public Works, subsequent to the formation of the district will submit to the Council a resolution setting the date for the property owners to be ready to receive underground facilities and the date for the removal of the poles in accordance with the City of Chula Vista Municipal Code. A submission of the resolution to the City Council will occur after the utility companies have agreed on a schedule for the project. All property owners within the district have been notified of tonight's hearing. Based on Counc il ' s interest in expediting Pub 1 i c Works contracts to help alleviate the economic slow down, staff is preparing a letter for the Mayor's signature to SDG&E and other affected utilities requesting them to take action to speed up the construction of undergrounding districts. 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OtllHJ. ~; , -t........... ~ fQ \ ']^¥ 0 III 00 - . ~ r I = ::i ~ :.j a a \ C\-\f _._..._---~~~..__._-_._-- '---""--' .._, RESOLUTION NO. 11oc;l~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 121 ON F STREET BETWEEN CHURCH AVENUE AND APPROXIMATELY 100 FEET EAST OF SECOND AVENUE AND AUTHORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE 10 SINGLE-FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, by Resolution No. 16482, a public hearing was called for 6:00 p.m. on Tuesday, the 25th day of February, 1992, in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said city, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the City more particularly described as follows: All that property lying along F Street about 1,300 feet long running from Church Avenue to approximately 100 feet east of Second Avenue and enclosed within the boundary as shown on the plat attached hereto as Attachment "A" of subject Underground Utility District. and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the city of Chula vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the boundaries of said District. 1 \~ -$ -~.~---~---,._.._.._-,., ,-- BE IT FURTHER RESOLVED that the city council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public utilities commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground utility District herein created is in the general public interest for the following reasons: 1. F Street is a major thoroughfare in the city's Central Business District. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to the City's Central Business District. 2. The project is proposed at this time due to the completion of Norman Park Senior Center. 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. 4. Undergrounding has been completed on "F" Street west of Church Avenue, thus making the proposed district an extension of an undergrounded section. BE IT FURTHER RESOLVED that the expenditure of $9,450 of allocation funds to subsidize 10 single-family residential service lateral conversions is hereby authorized. 2 Io.-~ ----------------------"^- ,n , I Presented by APZ-"Xl ~ by John P. Lippitt, Director of ruce M. Boogaard' ity Public Works Attorney 3 14-1 "'-. "--~-_._-----,'"..-~ \l~ 1'-1 , , File No. "" :'1 (-- f1J\ d ¡o'.cO , Je!- t /' PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE SUBJECT ~, \- \ J,tH- ---\Ju,,,", \, \J)). II ' i ( / " LOCATION\; I \ ~ ! 01:) ,_.-\..\11,."\. ,JA>, ,_I , \ \J-Í'. "-" 8~T~ ,- SENT TO STAR NEWS FOR PUBLICATION BY BY MAIL PUBLICATION DATE ~\\À.\Cì~ MAILED NOTICES TO PROPE~TY 'OWNERS ~ õJt(;, ~{ & , NO. MAILED Legislative Staff, Construction Industry Fed. PER GOVERNMENT CODE 54992: 6336 c'r~pnwich Drive. Suite F, San Dieqo 9212; LOGGED IN AGENDA BOOK d-\ ì, \.¡)\L--1d- \ COPIES TO: Administration (4 ) ~ Planning Oriainatina D~D~-~ Engi neeri nq ~ Others: ''':',\),) .\1' '. City Clerk's Of/ice (2) POST on Bulletin Boards {L\\,:¡\~ I I \ Special Instructions: .I CC //~I Rev.S/88 . , ._.__u__....._...."'._..__ .~'" RESOLUTION NO. /(,'I8'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG F STREET FROM CHURCH AVENUE TO 100 FEET EAST OF SECOND AVENUE The City Council of the city of Chula Vista does hereby resolve as follows: WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district, and WHEREAS, on January 8, 1992, an Underground Utility Advisory Committee (UUAC) meeting was held in the Public Services Building to consider the proposed boundary of an underground utility district along F Street from Church Avenue to approximately 100 feet east of Second Avenue, and WHEREAS, it has been recommended that such an . underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Chula vista as follows: 1- NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said City on Tuesday, the 25th day of February, 1992, at the ho~r of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requïres the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The city Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by Jí.7~/ z¡ .-.-... ..-.- mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by Approved as form b fLit John P. Lippitt, Director of Bruce M. Booga-a d, City Public Works Attorney C:\RS\Intœt UDdeJ¡rouud Utilitica '" declare un~er penalty of perjury that I am- e~~loYed by the City of Chula Vista in tl,o Q,flce of U:e Cit;! Cler:<and tim;; ! DOS'~~ti this Agen:~afi'~o'Hc:! en tho:) BuHe:.:!') 2.JE'];d ~t the Public J,e~ices DuHdinz and ct City fin!! on ' DATED. .2 ~ 'f'.-2 SJGI~EJ ød &.. .. , ~.~ -- ":"JJJfa .. uo :J8~1 f.~,;:) ..~,~ : ":: Ð!B IS p.':."-: I: '.. £;t¡~ [3~~'2ü~': : :;:,~ .¡i{) C'.:~ l~1 e:,S!,., ~t-¡ (',;:0..:3 we I ~.Ðq:j. Î~.JnIl_.J ;0 /;~,:::.¡':,t;~;JC· l¡;-, ÐJ::/.P;'''¡ I" - -'---~~--' -.-..-..- -.. ,-_. ~ February 6, 1992 File # AY-086 ~~~~ CllY OF CHUIA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PUBLIC HEARING ON FORMATION OF UNDERGROUND UTILITY DISTRICT NO 121 - "F" STREET FROM CHURCH AVENUE TO 100 FEET EAST OF SECOND AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA Our records indicate that you may have an interest in the attached agenda item that will appear before the City Council on February 25, 1992. The Council meeting begins at 6:00 p.m. The purpose of forming the district is to require the utility companies to undergroùnd all overhead lines and to remove all existing wood utility poles within the district and to require property owners to convert their service connections to underground at their expense except for properties that qualify for reimbursement as outlined in the provisions listed below. The service conversion work involves trenching, backfill and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that reduces the property owner's cost for the service conversion from the distribution lines to the residence. The mechanism is based on the following provisions: 1. Funding is limited to single family residential properties only. 2. Funding is limited to items which the customer traditionally supplies/installs such as trenching and conduit from property line to point of connection. 3. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. The City will reimburse property owners who qualify under said provisions, at a rate of $30.00 per linear foot of trenching. The City Council meets in the Council Chambers at 276 Fourth Avenue in the Public Services Building which is located at the northwest corner of Fourth Avenue and "F" Street. A plat of the subject district is enclosed for your information. If you have any questions about the attached item please contact Samir M. Nuhaily or Mario J. Ingrasci at 691-5173 or 691-5021. ~.J~ R ER ~OUST SE lOR CIVIL ENGINEER MI:nm Enclosure (MI1\HEARING.LTR) ;';7_-;1/ 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(6191 691-5021 MEMORANDUM February 6, 1992 File # AY-086 TO: Beverly Authelet, City Clerk ~¥? FROM: Roger L. Daoust, senior civil Engineer SUBJECT: Underground utility District No. 121 - "F" Street from Church Avenue to 100 Feet East of Second Avenue The City Council has adopted a resolution on January 28, 1992 setting a public hearing on the subject proposed underground district. The public hearing is planned for Tuesday,' February 25, 1992. Your office is requested to take the following actions: 1. All utility companies, affected property owners and occupants must be notified of the public hearing no later than February 7, 1992. Notice must be sent to both occupant and owner. To assist you in the mailing, we have prepared a package consisting of a letter and plat to be sent with the adopted resolution to all owners and occupants of properties within the subject district. 2. The adopted resolution is to be published in the Chula vista star News no later than February 16, 1992. Should you have any questions concerning this matter, please call Mr. Samir M. Nuhaily at extension 5173. Thank you for your help. MJI:nm Attachments (Ml1\HEARING.MEM) /9-/.2 --_..~,,_.__.__.--_.~._--_._-- ,-.~-. MAILING LIST FOR 5883E LABELS ON 5883E RESIDENT RES IDENT 275 "F" Street 235 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT 263-A "F" Street 229-A "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RESIDENT 263-C "F" Street 229-B "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 263-D "F" Street 229-C "F" Street Chula Vi sta, CA 91910 Chula Vista, CA 91910 RES IDENT RESIDENT 263-E "F" Street 229-D 'F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 263-F "F" Street 229-E "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 257 "F" Street 220-F "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT 265 "F" Street 229-G "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RESIDENT 247 "F" Street 229-L "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT 249 "F" Street 219 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 251 "F" Street 217 "F" Street Chul a Vi sta, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT 239 "F" Street 215 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 WPC 5884E /~-/3 ....---....---...".-.......- RES IDENT RESIDENT 215-R "F" Street 230-A "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 209 "F" Street 230-8 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RESIDENT 209-1/2 "F" Street 230-C "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT 211 "F" Street 230-0 "F" Street Chula Vista, CA 91910 Chul a Vi sta, CA 91910 RESIDENT RESIDENT 211-1/2 "F" Street 195 "F" Street Chul a Vi sta, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 205 "F" Street 224 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RESIDENT 205-1/2 "F" Street 210 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RES IDENT . 207 "F" Street 210-A "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 207-1/2 "F" Street 210-8 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 203 "F" Street 212-A "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RES IDENT RESIDENT 246 "F" Street 212-8 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 240 "F" Street 206 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT RES IDENT 236 "F" Street 202 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 WPC 5884E /9-/'1 ... ..........---...... ".-,.,'.'" RESIDENT 294 Second Avenue 235 "F" Street Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT 298 Second Avenue Chula Vista, CA 91910 1707 Visalia Row Coronado, CA 92118 RESIDENT 293 Second Avenue Chula Vista, CA 91910 1707 Visalia Row Coronado, CA 92118 OWNERS 1227 Diamond St. L:. vv._. "U~''''''' ".u. '''_' San Diego, CA 92109 275 "F" Street. Chula Vista, CA 91910 1227 Diamond St. Ii,,:" 1_1_ ! 11...1. fit 1 San Diego, CA 92109 3901 Mesa Vista Way Bonita, CA 91902 . 1227 Diamond St. i_..4vQ" ....:~-,,1Ð~_~ San Diego, CA 92109 3901 Mesa Vista Way Bonita, CA 91902 217 "F" Street Chula Vista, CA 91910 257 "F" Street Chula Vista, CA 91910 217 "F" Street Chula Vista, CA 91910 265 "F" Street Chula Vista, CA 91910 . H P.O. Box 1244 Chula Vista, CA 91912 247 "F" Street Chula Vista, CA 91910 - J 1".. P.O. Box 1244 Chula Vista, CA 91912 247 "F" Street Chula Vista, CA 91910 P.O. Box 1244 Chula Vista, CA 91912 247 "F" Street Chula Vista, CA 91910 P.O. Box 1244 Chula Vista, CA 91912 687 Via Encantada Chula Vista, CA 91913 WPC 5884E /9-/5 ."._--_.~"_._--_._..,."._".._"--- 203 "F" Street Chula Vista, CA 91910 246 "F" Street Chula Vista, CA 91910 240 "F" Street Chula Vista, CA 91910 1679 Mills St. Chula Vista, CA 91913 230 "F" Street Chula Vista, CA 91910 176 "F" Street Chula Vista, CA 91910 195 "F" Street Chula Vista, CA 91910 224 "F" Street Chul a Vi sta, CA 91910 210 "F" Street Chula Vista, CA 91910 206 "F" Stree Chula Vista, CA 91910 331 "E" Street Chula Vista, CA 91910 WPC 5884E /1'-/(, _+~._.+" 'W"'_ __..__,.... ~~~ February 6, 1992 ~~~~ File # AY-086 .........."'t..~ ~-- -~ erlY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PUBLIC HEARING ON FORMATION OF UNDERGROUND UTILITY DISTRICT NO 121 - "F" STREET FROM CHURCH AVENUE TO 100 FEET EAST OF SECOND AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA Our records indicate that you may have an interest in the attached agenda item that will appear before the city Council on February 25, 1992. The Council meeting begins at 6:00 p.m. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wood utility poles within the district and to require property owners to convert their service connections to underground at their expense except for properties that qualify for reimbursement as outlined in the provis·ions listed below. The service conversion work involves trenching, backfill and conduit installation from property line to point of connection. Chula vista City Council Policy No. 585-1 established a mechanism that reduces the property owner's cost for the service conversion from the distribution lines to the residence. The mechanism is based on the following provisions: 1. Funding is limited to single family residential properties only. 2. Funding is limited to items which the customer traditionally supplies/installs such as trenching and conduit from property line to point of connection. 3. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. The city will reimburse property owners who qualify under said provisions, at a rate of $30.00 per linear foot of trenching. The City Council meets in the Council Chambers at 276 Fourth Avenue in the Public Services Building which is located at the northwest corner of Fourth Avenue and "F" Street. A plat of the subject district is enclosed for your information. If you have any questions about the attached item please contact Samir M. Nuhaily or Mario J. Ingrasci at 691-5173 or 691-5021. ~f[)~ R ER L. DAOUST SE lOR CIVIL ENGINEER MI:nm Enclosure (MIl \HEARING. LTR) ) 9 - 17 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021 ._..._,---~-_._-_._--_.,. , _ I?r,,'o;¡ - ~- ~ E-c ~ .... ~ m. ,.I':::::~~ @ . ~. - v \ ~ L.; O"'"..¥~· ©; , ~ ~ ". . (JO' .. E-c rT' ". ~·il-·""" - ~...... . 8 "1 @. \AI I~Îii I R) . 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"3^V ... ..- aWIH.L ¡! , {.....~.N ~ ø:a " ' 'aAY 0 II¡ .. - . ~ I I !: ! ~ 19-/';Š' .._..".,..____ u......__._ COUNCIL AGENDA STATEMENT Item .tð A Meeting Date 2/25/92 ITEM TITLE: Report Forwarding Recommendations for Charter Amendments SUBMITTED BY: Charter Review committ~~ John Dorso, Vice ChairJ COUNCIL REFERRAL NO. 2531 4/5ths Vote: Yes No X At its January 28, 1992 meeting, the City Council requested the Charter Review Committee's position regarding potential Charter amendments to facilitate a run-off election for the election of the Mayor and members of Council. The Charter Review Committee recommends that Council place a measure on the June ballot to amend Charter sections 300, 900 and 902 to establish a mail ballot run- off in January, following a November election for Mayor or Council not resulting in a majority vote winner. This report also forwards six other proposed Charter amendments, in the event Council wishes to place any of them on the June ballot. RECOMMENDATION: Accept the recommendation of the Charter Review Committee to place a Charter amendment measure on the June 1992 ballot to establish a mail ballot run-off election for Mayor and Councilmembers, in January following the November election, resulting in less than a majority vote winner. Place any additional Charter Review Committee recommended Charter amendments on the June or November 1992 ballots as the Council deems appropriate. DISCUSSION: At its November 19, 1991 meeting, the Charter Review Committee began consideration of a Charter amendment to require a run-off election rather than allowing members of Council and/or the Mayor to win election by a plurality vote. On January 28, 1992, the City Council requested the Charter Review Committee's position regarding a run-off election, which recommendation might be placed on the June 1992 ballot. Historically, Charter section 300 required a special run-off election in the event no candidate at the General Municipal Election won a majority of the votes cast. That provision was amended in November 1982 to allow a plurality victory rather than requiring a run-off election, in order to reduce election costs. "t.{) A ~ I -.~._~-_._---~-~-- Item )/)A Page 2 The preceding year, at the November 1981 election, the voters approved an amendment to Charter section 902 giving the city council the discretion when to call a mail ballot election rather than utilizing the polls, except for elections regarding Councilmembers or Mayor. The Committee believes that the recommended Charter change is the best solution. It does not require extension of the terms of any member of council; it results in the shortest "lame duck" period for a person serving office whose successor has been elected, but not yet taken office; and results in the shortest amount of time for campaigning and spending money. The Committee prefers the Option I alternative presented by staff at its meeting of February 18, 1992 because it utilizes the consolidated November election as the general municipal election for election of either Mayor or Councilperson. The Committee believes that in most instances that election will result in one candidate obtaining more than a majority of all votes cast for the seat in question, and that a run-off election will rarely be needed. However, because of the increasing size of the City and the importance of the position of Mayor and Councilmember, the Committee believes that the current method of election by plurality vote is no longer desirable for the City. The Committee considered, but rejected, the possibility of a high percentage of plurality (e.g., forty percent, forty-five percent, thirty-eight percent) being attained as the basis for election. The setting of such a limit is a good solution where one candidate does not attain a fifty percent majority, but is substantially ahead of the rest of the field. However, it is not a good solution where two candidates are quite close to each other, with the rest of the field trailing far behind, and both are near the arbitrary figure and one happened to just get over it. The Committee also considered and determined not to recommend Mayor Nader's "preferential voting" method, because it was too complex. The Committee considered the option of a June general election with a November run-off, with both elections consolidated (so as to maximize savings), but rejected that option because of the lengthy "lame duck" status of the incumbent being replaced by his or her elected successor, in the event no run-off in November was necessary. Additionally, the work of the Committee over the past year has resulted in recommendations for six Charter changes which the Committee anticipated bringing forward to the Council for its consideration with regard to placement on the November 1992 ballot. Since it now appears that there will be one or more Chula vista propositions on the June 1992 ballot, we herewith forward the text of the other six recommended Charter changes for your consideration. You may wish to add some or all of these Charter 2ÞA -2- ..__._._-------~.__.... Item ')JJ ,xi Page 3 propositions to the June ballot, save them for the November ballot, or distribute them among the two elections. The proposed Charter amendments in strike out, underline form are attached hereto. Briefly, they are summarized as follows: section 303. Vacancies. The Charter currently creates a vacancy by operation of law if a member of the Council is absent from all regular meetings of the Council for a period of thirty days consecutively from and after the last regular City Council meeting attended by such member unless by permission of the Council expressed in its minutes. The proposed amendment to the second paragraph of Charter section 303 would have such a vacancy occur when a Councilmember is absent from three consecutive regular meetings of the Council actually scheduled and held, unless with permission of the Council expressed in its minutes at the same meeting in which the absence occurs. The second amendment to section 303 relates to the method by which such a vacancy is filled. The Charter currently provides that the Council must declare the existence of the vacancy and fill it by appointment within thirty days after that declaration vacancy. In the event Council is unable to do so, Council is required by the Charter to call a special election to fill the vacancy. The proposed amendment to the third paragraph of section 303 would put a time limit on when the Council is required to declare the vacancy, by requiring it to be "as soon as practicable". The proposed amendment then places a duty on the Council to fill the vacancy by appointment within thirty days of that declaration. The proposed amendment further provides that where the vacant office is the office of the Mayor, that the person appointed by the Council to the position previously held by the Mayor, along with the prior four Councilmembers, shall then select an interim Mayor from their membership, rather than the person automatically being an interim Mayor. The proposed amendment expressly requires that decision to appoint an interim Mayor from among their membership within thirty days following the taking of office of the person appointed to fill the vacancy. Finally, the proposed amendment also provides a procedure in the event the Council is unable to select an interim Mayor from its membership within those thirty days, by requiring a special election be held to replace the appointee, with that person to serve as Mayor until the first Tuesday following the next general municipal election at which a Mayor would be elected. section 304. Presiding Officer, Mayor. This is a technical cleanup amendment to subsection (c) of Charter section 304 relating to the cost of living increase to the Mayor's salary, with no substantive change. The current provision provides for an annual increase in the Mayor's salary "in an amount not to exceed the All Urban Consumer's/All Items component of the San Diego Metropolitan 'Z() A ....3 - -_.._".._--_.._.,...._-~.. Item )ÞA Page 4 Area U (Broader Base) Consumer Price Index". The proposed change would clarify that by having it read "in an amount not to exceed the DroDortionate arowth in the All Urban Consumer's/All Items component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index since the date of the last adiustment." section 305. Prohibited Acts. The proposed amendment makes two changes to section 305. The first adds an entirely new paragraph prohibiting the Council from making a gift of public funds. The language parallels that in the State Constitution applicable to General Law cities. The Committee felt it was necessary because the state constitutional provision does not apply to Charter cities, and such a provision is just a matter of good government. The second amendment makes the reference to "councilmen" in the existing second paragraph (new third paragraph) of section 305 gender neutral by changing the term to "councilmembers". This usage was apparently missed by the former City Clerk in language cleanup amendments authorized by the voters in 1978. section 307 of the Charter relating to special meetings of the city Council is recommended for repeal since it is merely a restatement of the Government Code provisions in the Ralph M. Brown Act relating to the conduct of public meetings by City councils, including those of Charter cities. The Charter provision is pre- empted by State law, and is thus not necessary to be contained in the Charter. section 602. Appointments; Terms and Vacancies. The Committee recommends revision of subdivision (a) of Charter Section 602 to give initial term appointee the same privilege as expired term appointees to city boards and commissions. The existing Charter provision gives members of boards and commissions a maximum of two consecutive four year terms, but provides that appointment to fill an unexpired term of less than two years does not count as a term. The proposed amendment makes appointment to fill an initial term not count as a term for the purposes of the two term limit, in the same manner. This situation occurs when new boards or commissions are created and persons must choose by lot terms of one, two, three or four years, so that once the commission is established, the terms of members are staggered so as to ensure continuity in the work of the commission. section 1009. Contracts on Public Works. Under the existing Charter provision, Public Works contracts are let by the Council following competitive bidding process after advertising for bids if the amount is in excess of $25,000. The amount is proposed to be increased to $50,000. Under the existing Charter, Public Works contracts for more than 2J;A ·ti .....,._~..~_._-_.._._-_._._--- Item ,2DA Page 5 $10,000, but less than $25,000 may be let by the city council without advertising for bids if the city Manager or his designee has secured competitive prices. The proposed amendment would increase those amounts from $10,000 to $25,000 and $25,000 to $50,000. Under the existing Charter, for Public Works projects for less than $10,000, the City Manager may award such a contract without advertising for bids, as long as the City Engineer or the Purchasing Agent obtains informal bids. The proposed amendment would increase that amount to $25,000. The Committee feels that there are sufficient checks and balances in the Public Works procurement process to ensure fair dealing with regard to Public Works contracts let by either the Purchasing Agent or the City Manager pursuant to Charter power. In the interest of efficiency in making such awards for smaller amounts in light of today's values, it is felt the threshold for full competitive bidding based upon advertisement for bidding should only occur with regard to contracts where the amount anticipated is in excess of $50,000. The City Manager and/or the Purchasing Agent should be allowed to award Public Works contracts for $25,000 or less based on an informal contracting process, and those in excess of $25,000 but less than $50,000 should be competitively negotiated by the City Manager subject to Council approval. FISCAL IMPACT: If the Council determines to add a run-off election Charter amendment proposition and/or other proposed Charter changes to the ballot along with the advisory Twin Ports Proposition, the fiscal impact will be approximately $345.00 per page printing costs, depending on the number of items (approximately $2000 per item), over and above the costs of placing the advisory measure on the ballot. (A113\Election) ').lJA -S ,-.,.---.-----------.-.,'-.---- ". Sec. 303. Vacancies. A vacancy in the office of any member of the city Council from whatever cause arising, shall be filled by appointment by the city Council, such appointee to hold office until the first Tuesday following the next general municipal election and until a successor qualifies. At the next general municipal election following any vacancy, a councilmember or Mayor shall be elected to serve for the remainder of any unexpired term of said office. If a member of the City Council is absent from a±± three (3) consecutive regular meetings of the City Council scheduled and held fer a perieà af ~hirty days eeß6ceutively fram and af~er ~àc laÐ~ re~~lar City Ca~ßeil meetiß~ attcndeà by CHaR mCmÐcr, unless by permission of the City Council expressed in its official minutes contemporaneouslv with such absences, or is convicted of a felony or crime involving moral turpitude, the office shall become vacant. The City Council shall declare the existence of any vacancy as soon as practicable. The citv Council shall fill such vacancv bv appointment within thirty days of their declaration of the existence of the vacancy. If the vacancy was the office of the Mavor, the four Councilmembers and the appointee shall select an interim Mavor from their membership within thirty davs followinq the takinq of office of the person appointed to fill the vacancv. In the event it shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy. In the event it shall fail to select an interim Mavor within thirtv davsafter the person appointed to fill the vacancy has taken office. it shall forthwith cause an election to be held to replace the appointee and serve as Mavor until the first Tuesdav followinq certification of the election results of the next qeneral municipal election at which a Mavor would be elected and until a successor qualifies. ),ÞA-It, ....._._._._-~._._._-~- Sec. 304. presidina Officer, Mavor. (a) Mayor. There shall be elected at the general municipal election a Mayor who shall hold office for a term of four years and until a successor is elected and qualified. (b) Duties, The Mayor shall be a member of the City Council and shall perform all the functions and have all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the City Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, and (2) to be the official head of the City for all political and ceremonial purposes and to be recognized by the courts for the purpose of serving civil process, for the signing of all legal instruments and documents, and by the Governor for emergency purposes, and (3) in the time of public danger or emergency, the Mayor, with the consent of the council, and for such period as the Council may fix, to take command of the police, maintain order and enforce the law, and (4) to assume the primary, but not the exclusi ve responsibility, for interpreting to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula vista unless duly authorized or ratified by the city Council, and (5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and (6) to supervise the operation of the Mayor/council office and personnel assigned thereto, and (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the city Council if not inconsistent with the provisions of this Charter, and (8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices of the city are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor. ;zt;A-7 .-..-...... - ..<- (c) Compensation. The Mayor shall receive an annual salary of thirty-seven thousand two hundred dollars ($37,200.00) per year and shall receive reimbursement on order of the council for Council-authorized travel and other expenses when on official duty out of the City, and in addition, shall receive the sum of fifty dollars ($50.00) per month, which amount shall be deemed to be reimbursement of other out-of-pocket expenditures. The city Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. The salary provided herein may be annually increased beyond said amount by a resolution of the City Council in an amount not to exceed the DroDortionate arowth in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index since the date of the last adiustment, or beyond said increased amount, by a vote of the people. (d) Mayor Pro Tempore. The city Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. ~A -8 --~_.~- ---,-...--.-.- Sec. 305. Prohibited Acts. The city council shall have no Dower to qive or to lend, or to authorize the qivinq or lendinq. of the credit of the city. in aid or to anv Dersons. association. or corDoration. whether municiDal or otherwise. or to Dledqe the credit thereof. in anY manner whatever for the Davment of the liabilities of anv individual. association, municiDal or other corDoration, whatever: nor shall it have Dower to make any qift or authorize the makinq of any qift. of any Dublic money or thinq of value to any individual. municiDal or other corDoration whatever: Drovided. that nothinq in this section shall Drevent the city qrantinq aid for the Door. No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the CouHsilmeH Councilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the city Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council. ~{)A "1 ~ee 397. ÐBeeial Ueet.ißErD. A a~eeial mee'tiA - a maj sri t. _ i ~ ma} sa sallad at. aß~· =E' ~:~::~~l;¿ eE B;h:ai~em':'i~~e:fBe~~~e e;:Yeaee~::e~~ ~:; !~J~rV::i:~ e eaeh leea~ ft u mem er af the e' t: . :~s:e~:v~:~~~e:::tieß re~e~~~~~~~~~e§e::r~i:~re~latieß, ra~i~ leas~ 24 hea;s Bef:re:~~~a~~y Br By mail aßà sha~~§~e ~::h,~B:iee ~::i::~ei:~e m::~fß aß: BBU~=e S:~l~u:~e~i~~i~teaSt:::e;:ie~~ i: t:: ~:::2!.:?:~.~~.~·~i~~;~!E.;: -:i.:!';:: "p'::.""~~'y ::~;i~ . t: 1me t.He meet.i e aß1I memser . -he t: a Wf:ltteß 'ilaiyer ef ßet' ~§ eeßv,eßes files 'ili~h the e't·~ a £:aeh w'Fitteß Betie . ~ee" Slleh ',,'an"er may Be i"e . ~ :i Clerk is aehally preseß~ m:i :~SB Be B;ispeßseà ·.dth as§ ~~ :ß~:i m~~e§r~:. ea~l aßà BBtiee shall alSee m::t.~ߧ at. ~he t.ime i~ eeß--eßes er ;h e =:~~re1>e t.he speeial meet.iߧ iß :else~eea~i~~ ieasi . t.·...·eßt.y ",fBur" heur: . rat: } aeees51s1t: t.e t.he. . J..ðA -II) ......--...--.- Sec. 602. Appointments: Terms and Vacancies. (a) Appointments and Terms. The members of each of such boards or commissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified. Members of such advisory boards and commissions shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the commission upon which the member had served; provided, further, that for the purpose of this section, an appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of two (2) years shall be considered to be a full term. (b) Initial Classification of Appointees, The members first appointed to such boards and commissions shall so classify themselves by lot so that each succeeding July 1st the term of one (1) of their number shall expire. If the total number of members of a board or commission to be appointed exceeds four (4), the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one (1) member shall expire on each succeeding July 1st. (c) Vacancies. vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board of commission is absent from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council. (d) Eliqibility. All members of boards and commissions shall be qualified electors in the City of Chula vista with the exception of Youth Commissioners who need only be residents of the City of Chula vista. No person may be appointed nor shall serve on more than one of the Charter-created boards or commissions simultaneously. µA"I/ " -- --_.._-~..~----- Sec. 1009. Contracts on Public Works. In the construction, reconstruction, or repair of PUblic buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. Every project involving an expenditure of tUElaty fivE! fifty thousand dollars ($H25, 000.00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by pUblication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids. If the cost of said PUblic works project is more than the sum of ~ twenty-five thousand dollars ($H25,000.00) but less than tueRty fi".'e fifty thousand dollars ($~50,000.00), the City Council may let said contract without advertising for bids after the city Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. If the project involves the expenditure of ~ twenty-five thousand dollars ($H25,000.00) or less, the City Manager may cause such written contract to be let without advertising for bids. However, except in emergencies, the City Engineer or the Purchasing Agent shall obtain informal bids. The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the city Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the city Clerk as a public record. The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the city with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces. All bids of more than t,.-eaty five fifty thousand dollars ($~50,OOO.OO) shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety . ).DA,./L ^1 , f .-..----..----.--.-- --...- authorized to engage in such business in California, made payable to the city. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent to award any contract by comparison of bids on the basis of several factors including time completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension Be recommended by the city Manager and the head of the Department concerned. The city Council may reject any and all bids presented and may readvertise in its discretion. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. ~A -1.3 -".......---..-..---..-...-.- council Agenda statement Item:)j;ß Meeting Date: February 25, 1992 Item Title: Report: Supplemental Report from the City Attorney to accompany the Charter Review Commission's Report relating to Runoff Elections, and certain other matters ¡~ Submitted by: Bruce M. Boogaard, City Attorney V Agenda Classification: ( ) Consent (X ) Action Item ( ) Public Hearing ( ) other: 4/5ths Vote: ( ) Yes (X) No This report is intended to supplement the report from the Charter Review Commission. Attached hereto are four additional options, each with its own ballot label and accompanying language, for the Council to consider, presented in the alternative, dealing with the complex issue of runoff elections. Option 1 is basically the CRC's recommendations, corrected to reflect their expressed intent. Option 2, which can apply to the 1992 election, uses the mail ballot concept from the CRC conducted after the November general municipal election, but lowers the threshold for electability to 40% from "majority", extends the run-off election period to February rather than January, and permits scientific sampling for signature verification in an attempt to lower the cost. Option 3, which can first apply only in 1994, moves the general election to June from November, and if no candidate can secure the 40% threshold, requires a special runoff election to be conducted in November by normal polling place procedures, where it can be consolidated with the National election at substantial cost savings. Option 4 permits the special runoff mail ballot election for 1992 as a one-time event (according to Option 2), and otherwise uses Option 3 thereafter for the 1994, and future, elections. elect7.wp Al13, Runoff Elections February 20, 1992 Page 1 ')06 -I - ..-...----.----...-.....-"..,,-- primarv Recommendation: (Option 4) Amend the Resolution as proposed by the Charter Review Commission to reflect the ballot label dealing with runoff elections and language changes herewith attached as Option 4; and adopt said Resolution as so amended. Alternative Recommendation: (Option 3) Amend the Resolution as proposed by the Charter Review commission to reflect the ballot label dealing with runoff elections and language changes herewith attached as Option 3; and adopt said Resolution as so amended. Boards and Commissions Recommendation: See the attached report from the Charter Review commission. If the council desires to approve the concepts embodied in the Charter Review Commission report, the City Attorney recommends consideration of the ballot label and language presented as Option 1 herewith, in lieu of the Resolution accompanying their report. Discussion: Each of the options herewith attached contains a section labeled "Features of this Option" section, and has footnotes to explain the differences between the various options. They are best understood if the options are reviewed and considered sequentially. Conclusion: option 4 is the most logical to meet the expressed goals of the Council for all the reasons advanced in Footnote 4, page 4 of Option 3, commencing at line 12. It allows for immediate implementation for the 1992 election by a special, one-time mail ballot election, but thereafter requires a June general municipal election, with delayed seating until the normal time for transfer of councilmanic power--the first Tuesday in December. However, Option 4 is likely to be very confusing to voters and does result in the possible shortening of Councilpersons elected for the four years commencing December, 1992. If Option 4 is rejected by the Council, option 3 appears to be the least confusing, least expensive, most inclusive means of assuring a broad participation in a run-off election. Option 3 is recommended as an Alternative to Option 4 elect7.wp Al13, Runoff Elections February 20, 1992 Page 2 þ~-2- ___~__~.__..___n_ Fiscal Impact: Please see the Charter Review Commission analysis of fiscal impact for mail ballot, special and consolidated elections. Option 3 is the least expensive because it is not going to be implement until 1994, and at that time allows for a full consolidation with the existing state and federal elections held in June and November of even numbered years. Options 2 and 4 (for the 1993 runoff election, if required) also attempts to achieve cost savings by allowing a scientific sampling technique to be used for signature verification in lieu of 100% verification for the mail ballot elections. The amount of such savings depends on negotiations with e Registrar or a private election compeny which heveftmt yet ~ rr~ ±t submitt d' ? Bruce M. Boo City Attorne BMB/m elect7.wp Al13, Runoff Elections February 20, 1992 Page 3 1-þg..~ .-- --.-------- ._--,-_.~.- Option 1: Charter Review Commission Recommendation, Corrected to Reflect CRC's intent (City Attorney's comments provided by footnotes.) Features of this Option: 1. Requires a runoff election for candidates receiving a lower-than-threshold percentage of the vote. 2. The threshold triggering a runoff election is "less than a majority". 3. The runoff election is to be held on the second Tuesday of the January after the general muncipal election. 4. Inadvertently permits general municipal elections of Mayor and Council to be conducted by mail ballot. 5. Death or withdrawal of 1 of the 2 highest candidates prior to the runoff election deems the remaining candidate elected, but does not specify a date of election. 6. This option can be implemented for the November, 1992 general municipal election. 7. This option implicitly results in an approximate two (2) month extension of the current office holder's term in the event a runoff is required. 8. This option proposes an technical amendment to delete an obsolete provision extending the term for seats 1 and 2 to 1990, and corrects that the terms for seats 3 and 4 are the current terms and are set to expire in November 1992. Ballot Label to Read: Runoff Elections: Should the Charter be amended to require a run- off election by mail ballot held in January after the general municipal election if no candidate secures a majority of the votes cast in the election for the office, and also proposes to make a technical correction to properly state the year of expiration for the current terms for seats 1 through 4? The Actual Charter Lanquaqe should read: Sec. 300. Members, Eliqibilitv and Terms. elect3A.wp Runoff Elections--CRC's Recommendation February 20, 1992 Page 1 -P;ð ...'1 --,_..._---_..~--- There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected from the City at large at the times and in the manner provided in this Charter. No person shall be eligible to hold office as members of the City Council unless they are residents of the City of Chula Vista, and at the time of their election or appointment, qualified electors of the City or of territory annexed thereto. The term of each member of the city Council shall be for four years and shall commence on the first Tuesday fOllowing certifica- tion of election results by the Re~istrar of Voters and shall continue until a successor qualifies.Y Ties among candidates for any office shall be settled by the casting of lots·.Y No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor or elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. Each council seat shall be numbered one (1) through four (4) respectively. Persons seeking election to the City council shall at the time of filing nomination papers, select one of said seats as the Council position for which they seek election. Persons running for a Council office shall designate one of the two numbered Council seats as memorialized by resolution of the Chula vista City council on file in the office of the City Clerk. Should a vacancy occur at any time in a Council seat or seats, if said vacancy is to be filled by a special election as provided in 1. This is the language relied on to suggest that the term of the current officeholder implicitly is extended by the two months until a runoff election can be held. The City Attorney recommends a more explicit statement of such conclusion. 2. Since we have bought into the concept of a runoff election upon failing to secure a majority (or other threshold), it seems inconsistent not to delete this provision since, in a tie vote, neither of the tie-ing candidates will have secured a majority. elect3A.wp Runoff Elections--CRC's Recommendation February 20, 1992 Page 2 ')é -S ^-,_._.,.,~----_....__...__.-._- section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered seat on their nominating paper. Any person to be elected for any numbered Council seat 1 through 4 or the office of Mayor for which nomination papers have been filed shall be deemed elected upon receipt of the highest number of votes for the particular seat or the office of Mayor and~ must receive a maioritv~ of all votes cast for said Council seat or the office of Mavor. If no such candidate receives a maioritv of the votes cast. there shall be a sDecial runoff election to be conducted bv mail ballot on the second Tuesdav~ in Januarv2) followinq the qeneral municiDal election between the two 3. This word, "and" is omitted from the Commission's official version, but must be deemed to be a typographical or clerical error. 4. This threshold will also trigger a runoff election in the event of a tie vote, since neither of the tie-ing candidates will have secured a majority of the votes cast. Hence, it makes sense to delete the "decision by lot" rule set forth above. 5. General election law usually sets election day as the first Tuesday after the first Monday of a given month. See Election Code section 2500. This forumla works to set elections in the first full week of the month regardless of how the week may start, and I think the public has come to expect such (Recall the television program on current affairs entitled: "First Tuesday"). The second Tuesday of January, 1992, would have been the 14th, and it occured in the second full week of the month (which was also the third week of the month). The Council has to weigh the value of such consistency against the Christmas season pre-occupation with non- electoral concerns. 6. The City Attorney recommends against specifying the month since, if the charter date of the general muncipal election should ever be changed, this will require such a change, and if inadvertently omitted, will result in an ambiguity, and possibly a long, "lame-duck" occupancy. It would be better to give a period of time, such as the first Tuesday after the first Monday of the second month after the general municipal election. Also the Clerk needs to verify that they can gear up an election in 60 days. The City Attorney withholds comment in that regard except to express concern based on a conversation with Martin and Chapman, election experts, saying the minimum time is 70 days after the general municipal election. elect3A.wp Runoff Elections--CRC's Recommendation February 20, 1992 Page 3 ~13"¡' ...-.-----.---.--.-.,-.-.-..... candidates receivinq the hiqhestY number of votes for said seat. If one of the candidates dies or withdrawsY prior to the runoff election. the remaininq candidate shall be deemed elected.V Sec. 900. General Municipal Elections. General municipal elections for the election of Councilmembers.L.-and for such purposes as the City Council may describe~ shall be held in the city of Chula vista on the first Tuesday after the first Monday in November in each even numbered year. Said general municipal election for the election of Mayor~ and such other purposes~ shall be held on the first Tuesday after the first Monday in November of 1990, and every four years thereafter. The eurrcRt tcrmc for CeuRoil Bcata aRC anå twe aàall se e¡¡tcndcà until Þ!avclRser af 1990. The fteft current term for Council seats three and four shall be extended frem 1991 te until 7. Use of the superlative, "highest", may be gramatically improper in referring to two voting results, one of which more often than not will be higher than the other. The City Attorney recommends the use of the terms: "highest and second highest" 8. "Withdrawal" is an ambiguous concept, and may create an ambiguity as to when such an act may occur. The city Attorney recommends a conscientious and verifiable act by the withdrawing candidate, such as "officially registering his withdrawal in writing with the City Clerk." 9. 100% signature verification will be required in the absence of a charter provision to the contrary (See Election Code Section 1350 combined with section 1007) and substantially adds to the expense of the election. 100% signature verification does not occur in the normal polling place election, except as to absentee ballots. Thus, while the concept of not doing 100% signature verification may not seem right, the Council may wish to consider using a scientific sampling technique instead of 100% signature verification unless at least one of the two candidates offers to pay for the extra level of accuracy. "Notwi thstanding general election law to the contrary, the signatures on the mail ballots may be verified by the Registrar of Voters by means of a scientific sampling technique approved by the city Council by resolution upon a finding that the sampling size and technique offers a 98% level of confidence." The Clerk to report on the estimated cost savings. elect3A.wp Runoff Elections--CRC's Recommendation February 20, 1992 Page 4 ~/t;-7 .--.--..-------."---.-- November of 1992.~1 Sec. 902. Procedure for Holdinq Elections. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended, for the holding of elections in general law cities so far as the same are not in conflict with this Charter. Said elections except for eneral munici al11l ".'1 i!iit"~.!ijf'i'ì'!.';I\Y::~;y:a:!!~!!~!t!;~!~!¡!!! of special runoff elections conducted under the authoritv of section 300. shall be conducted by means of a mailed ballot. thereby eliminating customary polling place operations. (elect3A.wp) 10. This amendment is purely technical in nature, yet it may confuse the voters to think there is going to be an unnatural extension of terms. The City Attorney recommends that this be the matter for a completely separate ballot label to avoid confusion with the runoff election issue, or, as an alternative can be ignored for the time and made the subject matter for subsequent clean up. 11. This underlining does not show a change from the existing text of the Charter. It was added by the city Attorney to reflect the obvious intention of the Charter Review Commission. It appears to be a logic error and should be corrected. It was not the intent of the Commission to permit general municipal elections to be conducted by mail ballot, only to exempt special runoff elections from the requirement that the Mayor and Councilmen must be elected by polling place elections. The correct word here should be: "general municipal". 12. This further helps correct the above referenced logic error. elect3A.wp Runoff Elections--CRC's Recommendation February 20, 1992 Page 5 1-o~·1 -- ------. - --.' ---.---..--- Option 2: city Attorney's First Alternative Proposal Features of this option: 1. Requires a runoff election for tie candidates as well as for candidates receiving a lower-than-threshold percentage of the vote. CRC's recommendation did not address tie votes. 2. The threshold triggering a runoff election is "less than 40% of the votes cast" for the open seat. CRC's recommendation was "less than a majority." 3. The runoff election is to be held on the first Tuesday after the first Monday three months after the general muncipa1 election. CRC recommended the second Tuesday of January. 4. Excepts special runoff elections from the requirement that Mayor and Council elections can not be conducted by mail ballot. CRC inadvertently excepted general municipal elections from such requirement. 5. Death or "written declaration of withdrawal filed with the City Clerk" of 1 of the 2 highest candidates prior to the runoff election deems the remaining candidate elected, as of the date of such death or such specified declaration of withdrawal. CRC recommended death or withdrawal, but did not specify the withdrawing act. 6. This option can be implemented for the November, 1992 general municipal election. CRC' s was also capable of implementation in November, 1992. 7. This option expressly results in an approximate three (3) month extension of the current office holder's term in the event a runoff is required. CRC's option resulted in a two month extension. 8. This option proposes that the technical amendment to delete an obsolete provisions be placed on the ballot under a separate ballot label. CRC's recommendation was to include the technical amendment in the same ballot label. 9. The option proposes the use of scientific sampling techniques to perform signature verifications in order to reduce the cost of the second election. elect3B.wp Runoff Elections--City Attorney's Recommendation February 20, 1992 Page 1 1-CS .. '1 -..-.----------,----.--.-- Ballot Label to Read: Runoff Elections: Should the Charter be amended to require a run- off election to be conducted by mail ballot held three months after the general municipal election in order to determine the winner if no candidate secures at least 40% of the votes cast for the office or if there is a tie vote in the general municipal election election? The Actual Charter Lanquaqe should read: 1 Sec. 300. Members, Eliqibilitv and Terms. 2 3 fu.. There shall be a City Council of five members, consisting 4 of four Councilmembers and a Mayor, elected from the city at large 5 at the times and in the manner provided in this Charter. 6 7 .!L.. No person shall be eligible to hold office as members of 8 the City Council unless they are residents of the city of Chula 9 Vista, and at the time of their election or appointment, qualified 10 electors of the City or of territory annexed thereto. 11 12 Q... The term of each member of the City Council shall be for 13 four years and shall commence on the first Tuesday following 14 certification of election results by the Registrar of Voters and 15 shall continue until a successor qualifies.V Ties amen~ 16 candidatos for any offico shall 130 sottloà èy the eaÐtiRf:j sf 17 lots.2) 18 19 !2.... No person shall be eligible for nomination and election to 20 the office of city Councilmember or Mayor for more than two (2) 21 consecutive terms, and no person who has held a Council office for 22 a period of two (2) consecutive terms or the office of Mayor for 23 two (2) consecutive terms, may again seek nomination and election 24 to said offices of Councilor Mayor respectively until a period of 25 one (1) year from the termination of the second term for 26 Councilmember or Mayor has elapsed; provided, however, that any 27 person who is appointed by the Council to fill the office of 28 1. This is the language relied on to suggest that the term of the 29 current officeholder implicitly is extended by the two months until 30 a runoff election can be held. The City Attorney recommends a more 31 explicit statement of such conclusion. 32 2. Since we have bought into the concept of a runoff election upon 33 failing to secure a majority (or other threshold) , it seems 34 inconsistent not to delete this provision since, in a tie vote, 35 neither of the tie-ing candidates will have secured a majority. elect3B.wp Runoff Elections--city Attorney's Recommendation February 20, 1992 Page 2 ¡'t;8 ...11) .-..-..---.-,---....-.,.------ 1 Councilor Mayor or elected in a special election for the balance 2 of a regular term of Mayor and/or Council for a period of two (2) 3 years or less may seek nomination and election for two (2) full 4 terms thereafter. 5 6 ~ Each Council seat shall be numbered one (1) through four 7 (4) respectively. Persons seeking election to the City Council 8 shall at the time of filing nomination papers, select one of said 9 seats as the Council position for which they seek election. 10 11 ~ Persons running for a Council office shall designate one 12 of the two numbered Council seats as memorialized by resolution of 13 the Chula vista city Council on file in the office of the City 14 Clerk. Should a vacancy occur at any time in a Council seat or 15 seats, if said vacancy is to be filled by a special election as 16 provided in section 303 of the Charter, candidates for said vacancy 17 shall similarly designate the appropriate numbered seat on their 18 nominating paper. 19 20 ~ Any person to be elected for any numbered Council seat 1 21 through 4 or the office of Mayor for which nomination papers have 22 been filed shall be deemed elected upon receipt of Lll the highest 23 number of votes for the particular seat or the office of Mayor and 24 (2) at least fortv (40%) percent of the votes cast for the 25 particular seat or the Office of Mavor at the election.~ 26 27 H. If no candidate receives both the hiahest number of votes 28 (i.e.. in the event of a tie vote) and at least forty percent (40)% 29 of the votes cast , there shall be a special runoff election between 30 the two candidates receivina the hiahest and second hiahest number 31 of votes for said seat or the office of Mavor , in order to 32 determine the winner of the election. 33 34 I. Said special runoff election shall be conducted by mail 35 ballot on the first Tuesday after the first Monday of the third 36 month~) followinq the qeneral municipal election.~ 37 3. In a multi-candidate race for a seat, the City Attorney 38 believes that garnering of at least 40% of the vote represents a 39 reasonable balance between concern that a single issue or special 40 interest candidate is elected without popular support, and the 41 concern that the public treasury is not put to an undue expense of 42 a second election. 43 4. The Charter Review Commission recommended the use of the words: 44 "in January" at this point. The city Attorney recommends not tying 45 it to any particular month in the event that the general municipal 46 election is, for any reason changed to June, or some other month (continued. . .) elect3B.wp Runoff Elections--City Attorney's Recommendation February 20, 1992 Page 3 7,t;ß.../1 ---_.~_._~-----,--"._,.,..,.~_.._, ~. 4. (...continued) 1 than November. In such case, specifying the particular month would 2 work an ambiguity and possibly result in an inadvertant long term 3 lame duck situation. Three months is recommended to permit the 4 public to let the holiday season pass them without political 5 interference and to permit staff to properly prepare for the 6 election without being under an extremely tight time frame. This 7 also allows the public to devote more of their attention to the 8 issues. 9 5. The City Attorney concurs with the recommendation of the CRC 10 that a mail ballot election should not be conducted in September or 11 some other time preceding the November election -- it may be 12 unnecessary, and perhaps not the best way to secure a candidate 13 with a broad base of popular support. (A mail ballot runoff after 14 the polling place general election does not suffer from the same 15 concerns because it will be known to be necessary, and the possible 16 field of candidates has already been limited to two persons, 17 assuring some broad base of support.) 18 19 The City Attorney is mindful that this necessarily, and 20 perhaps unfairly, would result in a shortening by three months of 21 term of the successful candidate forced to runoff. Another remedy 22 the Council may wish to consider is to conduct the general 23 municipal election in June, but not seat the elected candidate 24 until the normal seating time -- the first Tuesday in December. 25 26 This would result in a 6 month delay in seating, but no 27 shortening of the successful candidate's term. If at the June 28 election no candidate secures at least 40% of the vote, the runoff 29 could be conducted at the November election. 30 This June/November Option would also result in a substantial 31 cost savings inasmuch as no special election will be required. It 32 also results in no loss or shortening of any seated or prospective 33 candidate's term. 34 35 Such a procedure has the advantage of allowing a successful 36 June candidate the opportunity of 6 months to come up to speed on 37 all the issues without having to be thrown "into the frying pan" 38 immediately. However, it was rejected by the CRC for the 39 disadvantage of having a long term "lame duck" councilperson (no 40 disrespect intended). 41 42 Another disadvantage is that, unfortunately, it can not be 43 implemented by this June election. The soonest it could be 44 implemented is during the 1994 election contest. wi th two open 45 seats this November, and the incumbents unable to run, if there is (continued. . .) elect3B.wp Runoff Elections--city Attorney's Recommendation February 20, 1992 Page 4 ').ðlJ .../2- - .--_...-..~--'_.'---""----'_._-"' 1 J. Notwithstandinq state qeneral election law to the 2 contrarv. the siqnatures on such mail ballots mav be verified bv 3 the Reqistrar of Voters bv means of a scientific samplina techniaue 4 approved bv the Citv Council, bv resolution passed and adopted at 5 a public hearinq. upon a findinq that (1\ the use of such techniaue 6 offers a substantial cost savinqs to the public treasurv, (2\ the 7 samplinq size and technique offers a 98% level of confidence. and 8 (3 \ no candidate or other person has offered to pav for the 9 incremental costs associated with such sianature verification as 10 would otherwise be required bv state election law.~ 11 12 K. If one of the two eliaible candidates dies or reqisters 13 his withdrawal in writinq with the citv Clerk prior to the special 14 runoff election. the remaininq candidate shall be deemed elected as 15 of the date of such death or filinq of withdrawal. 16 17 L. If such a special runoff election is required bv the terms 18 of this section, the term of the person holdinq the seat which is 19 the subiect matter of the special runoff election shall be deemed 20 extended until a successor qualifies. 21 22 8ee. 999. Ceneral Municipal Elections. 23 24 Ceneral municipal elections fsE' t.he eleet.isn sf Ceuncilllleml3era 25 and for such purposes as t.he Cit.y Csunsil lIIay describe shall be 5. (...continued) 26 a need for run-off elections, this is the time it is needed. 27 28 If the Council wishes to consider such a procedure, it will be 29 offered in Option 3. 30 6. 100% signature verification will be required in the absence of 31 a charter provision to the contrary (See Election Code section 1350 32 combined with section 1007) and substantially adds to the expense 33 of the election. 100% signature verification does not occur in the 34 normal polling place election, except as to absentee ballots. 35 Thus, while the concept of not doing 100% signature verification 36 may not seem right, the Council may wish to consider using a 37 scientific sampling technique instead of 100% signature 38 verification unless at least one of the two candidates offers to 39 pay for the extra level of accuracy. The Clerk to report on the 40 estimated cost savings. If this is deemed to be a controversial 41 provision, it should be provided under a separate ballot label to 42 avoid confusing two sensitive political issues--runoff elections 43 and sampling procedures for signature verification. On the other 44 hand, it could be perceived as a means of achieving significant 45 cost savings, and may be desired to overcome the disadvantages of 46 mail ballot elections. elect3B.wp Runoff Elections--City Attorney's Recommendation February 20, 1992 Page 5 'If;ß-13 - - ...__.._---,-~_.__._-.._-- ......- . 1 held iR the City of Chula ~.7i6t.a eft t.he firo'E 'Pueeàa~f aft-e.]!" t.he 2 fir7t. ,noRday in nOT"!cmbcr in each eveR J=n:l-JBÐereà year. said fJeBeral 3 lIIuRJ.cJ.pal electioR for the eleetisß af nayer aHEI sueh et.her 4 purpoGeG, Ghall 190 ReId OR the firGt Tuesday afte'E" the first Uoftàay 5 ift Novelllber of 1990, and every iSH]!" years t.hereafter. 'Phe eurrcBt. 6 termG for Council scatG eftc and tve eha 11 tie extefttieà 1iHtil 7 Novemlger of 1990. The nC1!'t t.erm fer Ce1:ißeil Bcat.o three and fear 8 shall 1ge o¡¡tended from 1991 to 1992.?L. 9 10 Sec. 902. Procedure for Holdinq Elections. 11 12 Unless otherwise provided by ordinance hereafter enacted, all 13 elections shall be held in accordance with the provisions of the 14 Elections Code of the State of California, as the same now exists 15 or may hereafter be amended, for the holding of elections in 16 general law cities so far as the same are not in conflict with this 17 Charter. Said elections, except for general municipal elections 18 for Councilmembers and Mayor may, at the discretion of the City 19 Council, be conducted by means of a mailed ballot, and in the case 20 of special runoff elections for Councilmembers and Mayor conducted 21 under the authority of section 300, shall be conducted by means of 22 a mailed ballot, thereby eliminating customary polling place 23 operations. 24 25 (elect3B.wp) 26 27 7. This amendment is purely technical in nature, yet it may 28 confuse the voters to think there is going to be an unnatural 29 extension of terms. The City Attorney recommends that this be the 30 matter for a completely separate ballot label to avoid confusion 31 with the runoff election issue, or, as an alternative can be 32 ignored for the time and made the subject matter for subsequent 33 clean up. It is shown here in strike out to show Council the 34 opportunity to do a June/November option, as the local newspaper 35 has suggested. elect3B.wp Runoff Elections--City Attorney's Recommendation February 20, 1992 Page 6 /.l)6../1f ." .'--- ---.'---.'-'--"'--'---.-'-.'..--'-- Option 3: city Attorney's Recommendation with June/November option, first effective June, 1994 Features of this option: 1. This option is the same as the Option No. 2 except that the general municipal election is to be conducted in June but the successful candidate will not be seated until the normal time -- the first Tuesday in December -- 6 months after the election. If there is no successful candidate in June, the runoff election would be held in November,. and could be consolidated with the federal, state and other local elections conducted at the same time. 2. This Option still Requires a runoff election for tie candidates as well as for candidates receiving a lower-than- threshold percentage of the vote. CRC's recommendation did not address tie votes. 2. The threshold triggering a runoff election is still "less than 40% of the votes cast" for the open seat. CRC' s recommendation was "less than a majority." 4. There is no longer any need to except special runoff elections from the requirement that Mayor and Council elections shall not be conducted by mail ballot. 5. Death or "written declaration of withdrawal filed with the city Clerk" of 1 of the 2 highest candidates prior to the runoff election deems the remaining candidate elected, as of the normal seating date--the first Tuesday in December. 6. This option can not be implemented for the November, 1992 general municipal election since it can only be approved by the voters at the June election. 7. This option results in no shortening of any prospective office holder's term. CRC's option resulted in a two month extension and corresponding reduction in the successful candidate's term. 8. This option does not propose the deletion of the technical amendment because now it is needed to set the June election. CRC's recommendation was to include the technical amendment in the same ballot label. 9. This option deletes the use of scientific sampling techniques to perform signature verifications in order to elect3C.wp Runoff Elections--June/November Option February 20, 1992 Page 1 ;'п.../í ___" _._...___·n_~__·_ ,__~_.__._._ "______ reduce the cost of the second election, since the elections herein contemplated can be held on normal election days, and consolidated with other elections. Ballot Label to Read: Runoff Elections: Should the Charter be amended to require a general municipal election to be held in June of even numbered years with the successful candidate to be seated in December; but if no candidate secures at least 40% of the votes cast for the office or if there is a tie vote in the general municipal election election, a runoff election would be conducted in November? The Actual Charter Lanquaqe should read: 1 Sec. 300. Members, Eliqibilitv and Terms. 2 3 ~ There shall be a city council of five members, consisting 4 of four councilmembers and a Mayor, elected from the City at large 5 at the times and in the manner provided in this Charter. 6 7 ~ No person shall be eligible to hold office as members of 8 the City Council unless they are residents of the City of Chula 9 Vista, and at the time of their election or appointment, qualified 10 electors of the City or of territory annexed thereto. 11 12 ~ The term of each member of the City Council shall be forV 13 four years and shall commence on the first Tuesday felle,,'ÜuJ 14 eertificatien of clcctisa results 2Y ~he Re~i5trar af Vetere of 15 December of the vear of the election. and shall continue until a 16 successor qualifies. TieD amon~ eanàiàates fer any effiee shall 17 be Gettled by the caGtin~ of lota.2) 18 19 ~ No person shall be eligible for nomination and election to 20 the office of City Councilmember or Mayor for more than two (2) 21 consecutive terms, and no person who has held a Council office for 22 1. The specification that the term should be for four years in 23 sometimes inconsistent with the provision that the a Councilperson 24 holds office until his successor qualifies, as provided in the next 25 sentence. This inherent ambiguity could be remedied by insertion 26 of the words: "a nominal term of" at this point, but the City 27 Attorney is not recommending it because it may not be widely 28 understood and perceived as confusing legalese. 29 2. Since we have bought into the concept of a runoff election upon 30 failing to secure a majority (or other threshold), it seems 31 inconsistent not to delete this provision since, in a tie vote, 32 neither of the tie-ing candidates will have secured a majority. elect3C.wp Runoff Elections--June/November option February 20, 1992 Page 2 -;t;ß -Ib _..__._ . _....·__..._~_'__m._·___·___.·_...·__· 1 a period of two (2) consecutive terms or the office of Mayor for 2 two (2) consecutive terms, may again seek nomination and election 3 to said offices of Councilor Mayor respectively until a period of 4 one (1) year from the termination of the second term for 5 Councilmember or Mayor has elapsed; provided, however, that any 6 person who is appointed by the Council to fill the office of 7 Councilor Mayor or elected in a special election for the balance 8 of a regular term of Mayor and/or Council for a period of two (2) 9 years or less may seek nomination and election for two (2) full 10 terms thereafter. 11 12 1!..... Each Council seat shall be numbered one (1) through four 13 (4) respectively. Persons seeking election to the City Council 14 shall at the time of filing nomination papers, select one of said 15 seats as the Council position for which they seek election. 16 17 L.. Persons running for a Council office shall designate one 18 of the two numbered Council seats as memorialized by resolution of 19 the Chula vista city Council on file in the office of the City 20 Clerk. Should a vacancy occur at any time in a Council seat or 21 seats, if said vacancy is to be filled by a special election as 22 provided in section 303 of the Charter, candidates for said vacancy 23 shall similarly designate the appropriate numbered seat on their 24 nominating paper. 25 26 ~ Any person to be elected for any numbered Council seat 1 27 through 4 or the office of Mayor for which nomination papers have 28 been filed shall be deemed elected upon receipt of ill the highest 29 number of votes for the particular seat or the office of Mayor and 30 (2) at least forty (40%) percent of the votes cast for the 31 particular seat or the Office of Mavor at the election. V 32 33 H. If no candidate receives both the hiahest number of votes 34 (Le. . in the event of a tie vote) and at least fortv percent (40)% 35 of the votes cast. there shall be a special runoff election between 36 the two candidates receivina the hiahest and second hiahest number 37 of votes for said seat or the office of Mavor. in order to 38 determine the winner of the election. 39 40 I. Said special runoff election shall be conducted on the 41 first Tuesdav after the first Mondav in the month of November of 42 3. In a multi-candidate race for a seat, the city Attorney 43 believes that garnering of at least 40% of the vote represents a 44 reasonable balance between concern that a single issue or special 45 interest candidate is elected without popular support, and the 46 concern that the public treasury is not put to an undue expense of 47 a second election. elect3C.wp Runoff Elections--June/November Option February 20, 1992 Page 3 ¡¡;~ ~ /1 - ..-.-.-.....----...,,-,....-.---.--..-- . 1 the vear in which a qeneral municipal election is conducted.Y 2 3 J. If one of the two eliqible candidates for the special 4 runoff election dies or reqisters his withdrawal in writinq with 5 the city Clerk prior to the special runoff election. the remaininq 6 candidate shall be deemed elected as of the date of such death or 7 filinq of withdrawal. but shall not assume office until he is 8 otherwise eliqible for seatinq in the manner herein provided. 9 10 Sec. 900. General Municipal Elections. 11 12 4. The city Attorney concurs with the recommendation of the CRC 13 that a mail ballot election should not be conducted in September or 14 some other time preceding the November election -- it may be 15 unnecessary, and perhaps not the best way to secure a candidate 16 with a broad base of popular support. (A mail ballot runoff after 17 the polling place general election does not suffer from the same 18 concerns because it will be known to be necessary, and the possible 19 field of candidates has already been limited to two persons, 20 assuring some broad base of support.) 21 22 The City Attorney is mindful that a February mail ballot 23 necessarily and perhaps unfairly would result in a shortening by 24 three months of term of the successful candidate forced to runoff. 25 26 This recommendation gives the Council the option of conducting 27 the general municipal election in June, but not seat the elected 28 candidate until the normal seating time -- the first Tuesday in 29 December. 30 31 This would result in a 6 month delay in seating, but no 32 shortening of the successful candidate I s term. If at the June 33 election no candidate secures at least 40% of the vote, the runoff 34 could be conducted at the November election. Unfortunately, it can 35 not be implemented by this June election. The soonest it could be 36 implemented is during the 1994 election contest. 37 38 This June/November Option would also result in a substantial 39 cost savings inasmuch as no special election will be required. It 40 also results in no loss or shortening of any seated or prospective 41 candidate's term. 42 43 Such a procedure has the advantage of allowing a successful 44 June candidate the opportunity of 6 months to come up to speed on 45 all the issues without having to be thrown "into the frying pan" 46 immediately. However, it was rejected by the CRC for the 47 disadvantage of having a long term "lame duck" councilperson (no 48 disrespect intended). elect3C.wp Runoff Elections--June/November option February 20, 1992 Page 4 ~Jd.. )/ . _. ._.',____0'._'_. __..____~___+._ 1 General municipal elections for the election of Councilmembers 2 and for such purposes as the City Council may describe shall be 3 held in the City of Chula vista on the first Tuesday after the 4 first Monday in June NO',:cmeer in each even numbered year. Said 5 general municipal election for the election of Mayor and such other 6 purposes, shall be held on the first Tuesday after the first Monday 7 in June Novemeer of 1994, and every four years thereafter. The 8 earrent terms for Council seats one and two shall terminate on the 9 first Tuesdav in December. 1994 and everv four vears thereafter. 10 se extended until lIevcmeer ef 199Ð. The ~ term for Council 11 seats three and four shall terminate on the first Tuesdav in 12 December. 1992. and everv four vears thereafter. se cx~eßàcà fram 13 1991 to 1992.5/ All persons elected to the Office of Mavor. or to 14 a Council seat, at a qeneral municipal election shall be seated and 15 shall assume the duties of his or her Office on the first Tuesdav 16 in December of the vear in which the election was conducted.~ 17 18 Sec. 902. Procedure for Holdinq Elections. 19 20 Unless otherwise provided by ordinance hereafter enacted, all 21 elections shall be held in accordance with the provisions of the 22 Elections Code of the state of California, as the same now exists 23 or may hereafter be amended, for the holding of elections in 24 general law cities so far as the same are not in conflict with this 25 Charter. Said elections, except for general municipal elections 26 for Councilmembers and Mayor may, at the discretion of the City 27 Council, be conducted by means of a mailed ballotY, thereby 28 eliminating customary polling place operations. 29 (elect3C.wp) 30 5. This amendment is no longer technical in nature, since it 31 substantively changes the date for the city's general municipal 32 election. 33 6, This provision clarifies the obvious--that the successful 34 candidate, whether successfully elected in the June election, or 35 elected in the runoff election, shall not assume his office until 36 the first Tuesday in December. This way, no terms are lengthened 37 or shortened. Unfortunately, this does not deal with the current 38 problem of having two open seats in November without the 39 possibility of a runoff. 40 7. Note the omission of language that was otherwise inserted at 41 this point which read: 42 43 . . . , and in the case of special runoff elections for 44 Councilmembers and Mayor conducted under the authority of 45 section 300, shall be conducted by means of a mailed ballot. 46 . . elect3C.wp Runoff Elections--June/November option February 20, 1992 Page 5 ¡{)¡ß..~ - -..- .------..-----"----.--...-......--- Option 4: City Attorney's Recommendation with June/November Option, first effective June, 1994, but with the Mail Ballot Option permitted effective November, 1992. Features of this option: 1. This option is the same as the Option No. 3 except that a mail ballot election shall be permitted on a one time basis for the 1992 election. That is to say, for the election year commencing in 1994, the general municipal election is to be conducted in June but the successful candidate will not be seated until the normal time -- the first Tuesday in December -- 6 months after the election. If there is no successful candidate in June, the runoff election would be held in November, and could be consolidated with the federal, state and other local elections conducted at the same time. However, if this option is passed by the voters in June, it will permit a one-time special mail ballot election to be conducted for 1992. 2. This Option still Requires a runoff election for tie candidates as well as for candidates receiving a lower-than- threshold percentage of the vote. CRC's recommendation did not address tie votes. 2. The threshold triggering a runoff election is still "less than 40% of the votes cast" for the open seat. CRC's recommendation was "less than a majority." 4. This option, for the special 1992 runoff, excepts such special runoff election from the requirement that Mayor and council elections shall not be conducted by mail ballot. 5. Death or "written declaration of withdrawal filed with the City Clerk" of 1 of the 2 highest candidates prior to the runoff election deems the remaining candidate elected, as of the normal seating date--the first Tuesday in December. 6. This option can be implemented for the November, 1992 general municipal election. 7. This option results in the shortening of the successful 1992 prospective office holder's term by three months only. 8. This option does not propose the deletion of the technical amendment because now it is needed to set the June election. 9. This option permits the use of scientific sampling elect3D.wp Mail Ballot for 1992, June/November option Thereafter February 20, 1992 Page 1 'l-DB"')D1 .;:1 _._.__u______.._._. techniques to perform signature verifications in order to reduce the cost of the possible 1992/3 second runoff election. Ballot Label to Read: Runoff Elections: Should the Charter be amended to provide for runoff elections if no candidate secures at least 40% of the votes casts for the office or if there is a tie vote, and, for election years commencing after 1993, advance the general municipal election to June with any required runoff election in December, but until then, any required runoff election would be conducted in February, 1993 by mailed ballot? The Actual Charter Lanquaqe should read: 1 Sec. 300. Members. Eliqibilitv and Terms. 2 3 ~ There shall be a City Council of five members, consisting 4 of four Councilmembers and a Mayor, elected from the City at large 5 at the times and in the manner provided in this Charter. 6 7 ~ No person shall be eligible to hold office as members of 8 the City council unless they are residents of the City of Chula 9 Vista, and at the time of their election or appointment, qualified 10 electors of the city or of territory annexed thereto. 11 12 ~ The term of each member of the City Council shall be forY 13 four years and shall commence on the first Tuesday felle"iREj 14 cor~ification of cloctioR resal~s by ~ae ReEjis~rar ef ~e~erB of 15 December of the vear of the election. exceDt for candidates elected 16 in the special runoff election herein permitted whose term shall 17 commence on the first Tuesdav of the month followinq the month of 18 the special runoff election. and shall continue until a successor 19 qualifies. Ties amoREj caRàiàates fer aay effiee saall be settleà 20 by tao caotinEj of lots.V 21 22 1. The specification that the term should be for four years in 23 sometimes inconsistent with the provision that the a Councilperson 24 holds office until his successor qualifies, as provided in the next 25 sentence. This inherent ambiguity could be remedied by insertion 26 of the words: "a nominal term of" at this point, but the city 27 Attorney is not recommending it because it may not be widely 28 understood and perceived as confusing legalese. 29 2. Since we have bought into the concept of a runoff election upon 30 failing to secure a majority (or other threshold), it seems 31 inconsistent not to delete this provision since, in a tie vote, 32 neither of the tie-ing candidates will have secured a majority. elect3D.wp Mail Ballot for 1992, June/November Option Thereafter February 20, 1992 Page 2 "t/) JÆ, .. ¡'I ._. ··.n___"'._.,.,.~._,..·..__'_'·. 1 ~ No person shall be eligible for nomination and election to 2 the office of City Councilmember or Mayor for more than two (2) 3 consecutive terms, and no person who has held a Council office for 4 a period of two (2) consecutive terms or the office of Mayor for 5 two (2) consecutive terms, may again seek nomination and election 6 to said offices of Councilor Mayor respectively until a period of 7 one (1) year from the termination of the second term for 8 Councilmember or Mayor has elapsed; provided, however, that any 9 person who is appointed by the Council to fill the office of 10 Councilor Mayor or elected in a special election for the balance 11 of a regular term of Mayor and/or Council for a period of two (2) 12 years or less may seek nomination and election for two (2) full 13 terms thereafter. 14 15 ~ Each Council seat shall be numbered one (1) through four 16 (4) respectively. Persons seeking election to the City Council 17 shall at the time of filing nomination papers, select one of said 18 seats as the Council position for which they seek election. 19 20 ~ Persons running for a Council office shall designate one 21 of the two numbered Council seats as memorialized by resolution of 22 the Chula vista City Council on file in the office of the City 23 Clerk. Should a vacancy occur at any time in a Council seat or 24 seats, if said vacancy is tò be filled by a special election as 25 provided in section 303 of the Charter, candidates for said vacancy 26 shall similarly designate the appropriate numbered seat on their 27 nominating paper. 28 29 ~ Any person to be elected for any numbered Council seat 1 30 through 4 or the office of Mayor for which nomination papers have 31 been filed shall be deemed elected upon receipt of ill the highest 32 number of votes for the particular seat or the office of Mayor and 33 2 at least fort 40% ercent of the votes cast for the 34 particular seat or the Office of Mavor at the election. 35 36 H. If no candidate receives both the hiqhest number of votes 37 (i.e.. in the event of a tie vote) and at least fortv percent (40)% 38 of the votes cast. there shall be a special runoff election between 39 the two candidates receivinq the hiqhest and second hiqhest number 40 of votes for said seat or the office of Mavor. in order to 41 determine the winner of the election. 42 43 3. In a multi-candidate race for a seat, the City Attorney 44 believes that garnering of at least 40% of the vote represents a 45 reasonable balance between concern that a single issue or special 46 interest candidate is elected without popular support, and the 47 concern that the public treasury is not put to an undue expense of 48 a second election. elect3D.wp Mail Ballot for 1992, June/November Option Thereafter February 20, 1992 Page 3 ?D¡&'" ¡. .,,, 1 I. Said special runoff election shall be conducted on the 2 first Tuesday after the first Monday in the month of November of 3 the Year in which a qeneral municiDal election is conducted, exceDt 4 that. if no candidate is elected at the aeneral municiDal election 5 reauired to be conducted in November, 1992. a one-time, sDecial 6 runoff election shall be conducted on the first Tuesdav after the 7 first Monday in the month of Februarv. 1993 bY mail ballot. y 8 4. The city Attorney concurs with the recommendation of the CRC 9 that a mail ballot election should not be conducted in September or 10 some other time preceding the November election -- it may be 11 unnecessary, and perhaps not the best way to secure a candidate 12 with a broad base of popular support. (A mail ballot runoff after 13 the polling place general election does not suffer from the same 14 concerns because it will be known to be necessary, and the possible 15 field of candidates has already been limited to two persons, 16 assuring some broad base of support.) 17 18 The city Attorney is mindful that a February mail ballot 19 necessarily and perhaps unfairly would result in a shortening by 20 three months of term of the successful candidate forced to runoff. 21 22 This recommendation gives the Council the option of conducting 23 the general municipal election in June for the 1994 general 24 munciipal election, withholding seating the elected candidate until 25 the normal seating time -- the first Tuesday in December. 26 27 This would result in a 6 month delay in seating, but no 28 shortening of the successful candidate's term. If at the June 29 election no candidate secures at least 40% of the vote, the runoff 30 could be conducted at the November election. 31 32 This option also addresses the shortfall of option 2 and 3 by 33 permitting the mail ballot election to be conducted for the 1992 34 election. 35 36 For post 1993 elections, this June/November option would also 37 result in a substantial cost savings inasmuch as no special 38 election will be required. It also results in no loss or 39 shortening of any seated or prospective candidate's term. 40 41 Such a procedure has the advantage of allowing a successful 42 June candidate the opportunity of 6 months to come up to speed on 43 all the issues without having to be thrown "into the frying pan" 44 immediately. Howeyer, it was rejected by the CRC for the 45 disadvantage of having a long term "lame duck" councilperson (no 46 disrespect intended). 47 (continued. . .) elect3D.wp Mail Ballot for 1992, June/November option Thereafter February 20, 1992 Page 4 ';.t)ß, ~ ---.-...----...--- ...---- 1 J. The siqnatures on such mail ballots used for the February. 2 1993 special runoff election permitted by this Section. may. 3 notwithstandinq state qeneral election law to the contrarv, be 4 verified by the Reqistrar of Voters bY means of a scientific 5 samplinq technique approved bv the city Council. bY resolution 6 passed and adopted at a public hearina. uPon a findina that (1) the 7 use of such technique offers a substantial cost savinqs to the 8 public treasurv, (2) the samplina size and technique offers a 98% 9 level of confidence. and (3) no candidate or other person has 10 offered to pav for the incremental costs associated with such 11 siqnature verification as would otherwise be required bv state 12 election law. 2/ 13 14 K. If one of the two eliqible candidates dies or reaisters 15 his withdrawal in writina with the city Clerk prior to the special 16 runoff election. the remaininq candidate shall be deemed elected as 17 of the date of such death or filina of withdrawal. 18 19 L. If such a special runoff election is required bY the terms 20 of this section. the term of the person holdinq the seat which is 21 the subiect matter of the special runoff election shall be deemed 22 extended until a successor qualifies. 23 24 M. If one of the two eliqible candidates for the special 25 runoff election dies or reqisters his withdrawal in writina with 4. (...continued) 26 This Option has the added feature, at the risk of confusing 27 the voter, of permitting a special, one-time, 1993 runoff election 28 for the 1992 election, if no candidate.secures at least 40% of the 29 vote. 30 5. 100% signature verification will be required in the absence of 31 a charter provision to the contrary (See Election Code section 1350 32 combined with section 1007) and substantially adds to the expense 33 of the election. 100% signature verification does not occur in the 34 normal polling place election, except as to absentee ballots. 35 Thus, while the concept of not doing 100% signature verification 36 may not seem right, the Council may wish to consider using a 37 scientific sampling technique instead of 100% signature 38 verification unless at least one of the two candidates offers to 39 pay for the extra level of accuracy. The Clerk to report on the 40 estimated cost savings. If this is deemed to be a controversial 41 provision, it should be provided under a separate ballot label to 42 avoid confusing two sensitive political issues--runoff elections 43 and sampling procedures for signature verification. On the other 44 hand, it could be perceived as a means of achieving significant 45 cost savings, and may be desired to overcome the disadvantages of 46 mail ballot elections. elect3D.wp Mail Ballot for 1992, June/November Option Thereafter February 20, 1992 Page 5 7J;1!J; ,~ ~n IJf-Iru·...r·,. I 1111 I r1 T r~ I rI;;:: I <::>,.."",....,.....,......... ..- ---... --- _.. ..__ ____ ___,__ .......~ .......·L 1 the citv Clerk prior to the special runoff election. the remainina 2 candidate shall be deemed elected as of the date of such death or 3 filinq of withdrawal. but shall not assume office until he is 4 otherwise eliqible for seatinq in the manner herein Drovided. 5 6 Sec. 900. General Municipal Elections. 7 8 General municipal elections to be held durinq and after 1993 9 for the election of Councilmembers and for such purposes as the 10 City Council may describe shall be held in the City of Chula vista 11 on the first Tuesday after the first Monday in June NeVeffiBer in 12 each even numbered year. Said general municipal election to be 13 held durinq and after 1993 for the election of Mayor and such other 14 purposes, shall be held on the first Tuesday after the first Monday 15 in June November of 1994, and every four years thereafter. The 16 ourrent terms for Council seats one and two shall terminate on the 17 first Tuesdav in December. 1994 and everv four vears thereafter. 18 lac C)etended until Hovember of 1990. The fteft term for Council 19 seats three and four shall terminate on the first Tuesdav in 20 December, 1992 (unless extended bv a sDecial runoff election 21 ermitted to be held in Februar 1993 and ever our ears 22 thereafter. All persons elected 23 to the Office of Mavor. or to a Council seat. at a qeneral 24 municiDal election shall be seated and shall assume the duties of 25 his or her Office on the first Tuesdav in December of the vear in 26 which the election was conducted. V 27 28 Sec. 902. Procedure for Holdinq Elections. 29 30 Unless otherwise provided by ordinance hereafter enacted, all 31 elections shall be held in accordance with the provisions of the 32 Elections Code of the State of California, as the same now exists 33 or may hereafter be amended, for the holding of elections in 34 general law cities so far as the same are not in conflict with this 35 Charter. Said elections, except for general municipal elections 36 6. This amendment is no longer technical in nature, since it 37 substantively changes the date for the city's general municipal 38 election. 39 7. This provision clarifies the obvious--that the successful 40 candidate, whether successfully elected in the June election, or 41 elected in the runoff election, shall not assume his office until 42 the first Tuesday in December. This way, no terms are lengthened 43 or shortened. Unfortunately, this does not deal with the current 44 problem of having two open seats in November without the 45 possibili ty of a runoff. Since it only addresses election at a 46 general municipal election, it does not, by its terms apply to the 47 special 1993 runoff permitted under this Option. elect3D.wp Mail Ballot for 1992, June/November Option Thereafter February 20, 1992 Page 6 ¡.o18 ,~~ -- -_._.--.~..-~-,-",-,_. 1 for Councilmembers and Mayor may, at the discretion of the City 2 Council, be conducted by means of a mailed ballot. and in the case 3 of the special runoff elections for Councilmembers conducted under 4 the authority of section 300 in Februarv, 1993, shall be conducted 5 bv means of a mailed ballot, thereby eliminating customary polling 6 place operations. 7 8 (elect3C.wp) elect3D.wp Mail Ballot for 1992, June/November Option Thereafter February 20, 1992 Page 7 J.O ß ";;Jø -...---.-----..---- COUNCIL AGENDA STATEMENT ,Þ<!..J Item ~ Meeting Date 02/25/92 ,,, ~~ ITEM TITLE: Resolution Calling and Giving Notice of the Holding of a Special Municipal Election and Requesting the San Diego County Board of Supervisors to Consolidate the Special Municipal Election to be held on Tuesday, June 2, 1992, for the purpose of submitting to the Voters an Advisory Question regarding the Bi-National Airport and a Charter Amendment regarding Run-Off Elections, and Appropriating Funds therefore. SUBMITrED BY: City Clerk ~ (4/5th Vote: Yes---x- No----J RECOMMENDATION: Staff recommends adoption of the Resolution calling a special municipal election, requesting consolidation with the June 2, 1992election, and appropriating $25,000 from the unappropriated general fund to 100-0170-5252 account. BOARD AND COMMISSION RECOMMENDATION: See Charter Review Commission Report and City Attorney's Supplemental Report. BACKGROUND: On February 2, 1992, the Council directed the City Clerk to place a referendum on the June ballot regarding the Twin Ports issue. Also, at the January 28, 1992 meeting, Council directed that the issue of run-off elections be investigated by the Charter Review Committee and brought to the Council for consideration. Both issues are before Council for consideration. The following Calendar of Events is provided to assist Council during their deliberation. March 6 Registrar of Voters to receive resolution requesting consolidation. If proposition is on ballot, text must be / included in the resolution. (E.C. 23302) ¡'{)(J, -I ---,.-.---.,---.-.. .tbQ.. Item ~ Meeting Date 02/25/92 March 12 Publish argument deadline notice. March 23 Last day to receive arguments (E.C. 5015) Date for city attorney to prepare impartial analysis (E.C. 5011) April 2 Date to receive rebuttals (E.C. 5014.5) April 3-22 Public examination period of election materials (E.C. 5025, 10013.5) April1J:;~) Ballots typeset, proofed, and printed April 23 to May 23 Sample ballots mailed (E.C. 10010) May 4to 26 Absentee/Mail Ballot voting period (E.C. 1002) May 4 Voter registration deadline June 2 ELECTION DAY ~c. ..¿ - .---.------.-..-..--- I~' ,s RESOLUTION ***** RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1992, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ADVISORY QUESTION REGARDING THE BI-NATIONAL AIRPORT AND A CHARTER AMENDMENT REGARDING RUN-OFF ELECTIONS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, under the provisions of the Chula Vista Charter, a Special Municipal Election shall be held on June 2, 1992 for the purpose of submitting to the voters an advi sory questi on regardi ng the Bi -Nati ona 1 Ai rport and a Charter Amendment regarding run-off elections; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and conducted in all respects as if there were only one election within the City with the same preci ncts, po 11 i ng places, and e 1 ecti on offi cers, and that the San Di ego County Registrar of Voters canvass the returns of the Special Municipal Election; and WHEREAS, this is a Special Election, funds need to be appropriated to cover the cost of said election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requi rements of the Chul a Vi sta Charter, there is called and ordered to be held in the City of Chula Vista on Tuesday, June 2, 1992, a Special Municipal Election for the purpose of submitting to the voters the following advisory question: ADVISORY VOTE ONLY -- Do the citizens of Chula Vista want a Bi-National Airport to be located YES at the border between the United States and Mexico? NO SECTION 2. That the proposed Charter Amendment to be submitted to the voters is as follows: 20C-.! .- -~.^..- .---,--. Resolution No. ***** Page 2 Runoff Elections: Should the Charter of the City of Chula Vista be amended at Article YES III, Section 300, and Article IX, Sections gOO and 902, to provide for a special mail ballot run-off election in the event there is not a majority of votes cast for the election NO of the Mayor and Members of the City Council (and make minor technical chanaes\? SECTION 3. That pursuant to the requi rements of Secti on 23302 of the Elections Code, the San Diego County Board of Supervisors is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election to be held on the same date of Tuesday, June 2, 1992. SECTION 4. That funds in the amount of $25,000 be appropriated from the unappropriated reserve of the general fund to Account No. 0100-0170-5202 to cover the estimated cost of the election. SECTION 5. That the San Diego County Regi strar of Voters is authorized to canvass the returns of the Special Municipal Election. SECTION 6. That the City of Chula Vista recognizes that additional costs will be incurred by the Country by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 7. That the City Clerk is hereby directed to file a copy of this resolution with the San Diego Country Board of Supervisors and Registrar of Voters. SECTION 8. That if the Proposition stated in Section 2 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 300. Members. Eliqibilitv and Terms. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected from the City at large at the times and in the manner provided in this Charter. No person shall be eligible to hold office as members of the City Council unless they are residents of the City of Chula Vista, and at the time of their election or appointment, qualified electors of the City or of territory annexed thereto. The term of each member of the City Council shall be for four yea rs and shall commence on the first Tuesday fo 11 owi ng certification of election results by the Registrar of Voters and shall continue until a successor qualifies. Ties among candidates for any office shall be settled by the casting of lots '2.(J(!...~ .---- -~".__..__._------_._~-._--..-~- Resolution No. ***** Page 3 No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor or elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. Each Council seat shall be numbered one (1) through four (4) respectively. Persons seeking election to the City Council shall at the time of filing nomination papers, select one of said seats as the Council position for which they seek election. Persons running for a Council office shall designate one of the two numbered Council seats as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in a Council seat or seats, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall simil arly designate the appropriate numbered seat on their nominating paper. Any person to be elected for any numbered Council seat 1 through 4 or the office of Mayor for which nomination papers have been fil ed shall he eeemee eleetee ij¡¡aA I'eeei¡¡t af the hi!hcst Aijlllhel' af vates fal' the ¡¡al'ti eijl ðI' seat al' the affi ee af Nayal' must receive a maioritv of all votes cast for said Council seat or the office of Mavor. If no such candidate receives a maioritv of the votes cast. there shall be a sDecial runoff election to be conducted bv mail ballot on the second Tuesdav in Januarv fo 11 owi nq the qeneral municiDal election between the two candidates receivinq the hiqhest number of votes for said seat. If one of the candidates dies or withdraws Drior to the runoff election. the remaininq candidate shall be deemed elected. Sec. 900. General MuniciDal Elections. General municipal elections for the election of Council members and for such purposes as the City Council may describe shall be held in the Ci ty of Chul a Vi sta on the fi rst Tuesday after the fi rst Monday in November in each even numbered year. Said general municipal election for the election of Mayor and such other purposes sha 11 be held on the first Tuesday after the first Monday in November of 1990, and every four years thereafter. The C~l'reAt tel'lIIS fal' Ca~Acil seats eRe aRe tlie shall he e)(teReee ijRtil NevclIIÐer þ)c-é . . ---_..._-~._-----_.__._.._. Resolution No. ***** Page 4 af 1999. The ~ current term for Council seats three and four shall be extended fpem 1991 ta until November of 1992, Sec. 902. Procedure for Holdinq Elections. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended, for the holding of elections in general law cities so far as the same are not in conflict with this Charter. Said elections except for runoff elections for Councilmembers and Mayor required bv Section 300 to be conducted bv mailed ballot may, at the discretion of the City Council, be conducted by means of a mailed ballot eliminating customary polling place operations. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Presented by Approved as to form Beverly A. Authelet Bruce M. Boogaard City Clerk City Attorney '~c..~/p .... ._._.-._~--_...._--,_._,--_. RESOLUTION NO. /65 R S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING PROPOSED CHARTER AMENDMENT PROPOSITIONS TO THE BALLOT FOR THE CONSOLIDATED SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 2, 1992 WHEREAS, by separate resolution on February 25, 1992, the ci ty Council called a special election and requested the County Board of supervisors to consolidate with the State primary Election to be held on that same date, and WHEREAS, the Charter Review Committee has recommended additional Charter amendments that the Council now desires to place on the June ballot in addition to those already placed thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: section 1- That a proposed Charter amendment to be submitted to the voters is as follows: Vacancies: Should the Charter of the City of Chula vista be amended at Article III, section 303 to provide for a vacancy if a member of YES Council is absent from three consecutive regular meetings of the Council without permission of the Council expressed in its minutes at the same meeting in which the absence occurs; to provide that Council declare a vacancy as soon as NO practicable, fill the vacancy within thirty days thereafter, and if the vacancy is the Mayor's position, fill that vacancy from among their membership, rather than the appointee automatically becoming the interim Mayor; and to provide for a special election to elect an interim Mayor if one is not selected by that method within thirty days of the appointment of the person filling the vacancy? section 1A. If the proposition stated in section 1 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 303. Vacancies. A vacancy in the office of any member of the City Council from whatever cause arising, shall be filled by appointment by the 1 'J~ -( ,-,~ -._-_._--------",,-"_. City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until a successor qualifies. At the next general municipal election following any vacancy, a Councilmember or Mayor shall be elected to serve for the remainder of any unexpired term of said office. If a member of the City Council is absent from ~ three (3) consecutive regular meetings of the City Council scheduled and held fer a perieà af thirty days eensccutivcly irem anà af~er ~he las~ re~alar City ceunoil meetiA~ attcnàÐà sy sueR memser, unless by permission of the City Council expressed in its official minutes contemporaneouslv with such absences, or is convicted of a felony or crime involving moral turpitude, the office shall become vacant. The City council shall declare the existence of any vacancy as soon as practicable. Thè citv Council shall fill such vacancv bv appointment within thirtv days of their declaration of the existence of the vacancy. If the vacancy was the office of the Mavor, the four councilmembers and the appointee shall select an interim Mavor from their membership within thirty days followina the takina of office of the person appointed to fill the vacancy. In the event it shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy. In the event it shall fail to select an interim Mayor within thirty days after the person appointed to fill the vacancy has taken office, it shall forthwith cause an election to be held to replace the appointee and serve as Mayor until the first Tuesday followina certification of the election results of the next aeneral municipal election at which a Mayor would be elected and until a successor aualifies. section 2. Technical Correction No. 1: Should the Charter of the city of Chula Vista be amended at Article YES III, section 304 to provide a technical change in the language relating to the calculation of the NO cost of living increase which could be granted to the Mayor by Council resolution? section 2A. If the proposition stated in section 2 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 304. presidina Officer. Mayor. (a) Mayor. There shall be elected at the general municipal election a Mayor who shall hold office for a term of four years and until a successor is elected and qualified. 2 zÞ-2. __.______.____.___u._...._...__._.._ (b) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the City Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, and (2) to be the official head of the city for all political and ceremonial purposes and to be recognized by the courts for the purpose of serving civil process, for the signing of all legal instruments and documents, and by the Governor for emergency purposes, and (3) in the time of public danger or emergency, the Mayor, with the consent of the Council, and for such period as the Council may fix, to take command of the police, maintain order and enforce the law, and (4) to assume the primary, but not the exclusive responsibility, for interpreting to the people the policies, programs and needs of the city government and for informing the people of any major change in policy or program. The Mayor may represent the city in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula vista unless duly authorized or ratified by the city council, and (5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and (6) to supervise the operation of the Mayor/council office and personnel assigned thereto, and (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter, and (8) to exercise the full-time function as Mayor of the city during the usual business hours that the offices of the city are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor. (c) Compensation. The Mayor shall receive an annual salary of thirty-seven thousand two hundred dollars ($37,200.00) per year and shall receive reimbursement on order of the Council for Council-authorized travel and other expenses when on official duty out of the City, and in addition, shall receive the sum of 3 .2D ....; u_·."___. fifty dollars ($50.00) per month, which amount shall be deemed to be reimbursement of other out-of-pocket expenditures. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. The salary provided herein may be annually increased beyond said amount by a resolution of the City Council in an amount not to exceed the proportionate qrowth in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index since the date of the last ad;ustment, or beyond said increased amount, by a vote of the people. (d) Mayor Pro Tempore. The city Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. section 3. Prohibition of gift of public funds: Should be Charter of the city of Chula Vista be YES amended at Article III, section 305 to prohibit the city Council from making a gift of public NO funds; and a technical amendment to make the reference to Councilmen gender neutral? section 3A. If the proposition stated in section 3 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 305. Prohibited Acts. The citv Council shall have no power to qive or to lend. or to authorize the qivinq or lendinq. of the credit of the city, in aid or to any persons , association , or corporation , whether municipal or otherwise, or to pledqe the credit thereof, in anv manner whatever for the payment of the liabilities of anv individual, association. municipal or other corporation. whatever: nor shall it have power to make anY qift or authorize the makinq of any qift. of any public money or thinq of value to any individual, municipal or other corporation whatever: provided, that nothinq in this section shall prevent the city qrantinq aid for the poor. 4 Zo-¥ __.._._______~..,._.._'n". No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the Councilmen Councilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the city of Chula vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council. section 4. Technical Correction No. 2: city Council Special Meetings: Should the Charter of the City of Chula vista be amended at Article III, section 307 to YES repeal that section providing for the procedure by which a special meeting is called because it is NO pre-empted by State law? section 4A. If the proposition stated in section 4 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Cec 307. Caccial ncctin€lG. A speoial meetin!j may be callcd at an}" time b::î the !layer SF èy a majerity af the mcmbcra of the City council 19) àeli~eriß~ personally or by IDa il \/ri ttcn notice te eacR mcm19t:r af the City CeHneil and to eadi local ncuGpapcr of EJc;'Ieral, e,iroulatien, radio or television atation requeatin!j noticc l.n \òrl. tl.nEj. E:uea Betiec mest be delivered peraonally or by mail and ahall be reeeived at least 24 heHrs before the time ef such IDeetin!j as specified in the notioe. The call and notice shall Gpecify the time and place ef the speoial meetin!J and the bUGinesG to be tranGacted. Ue et.her business shall ee conaidereà at such meetinEjs by the City Ce\ifteil. Cueh \Æitten noticc may ec diGpcnGcd \:ith as te any meMer ',.¡ohe at or prior to the time the meetin!J conveneG files with the city CleFlt a "Q~·rit'Eeß \..·aiw,rcr of notice. 8uch \laivcr may ee EJiven by teleEjram. E:ueh ·",,·ritt.eR floticc ma.y aloe 19c Eliûpcnocd ui th aD ta aft}"' memÈer \.¥is is actually prcGent at the IDeetinEJ at the timc it convcncs. The ea!l Q.flà Rsticc shall alGo bc pOGtcd at lcaÐt tue~l'ty fS1.ir ae1:1ra 5 20..5 --....-..---- ..-.-_...--- prier ~e the apecial mcctin~ in a location freely aeeeaaihle ~e ~hc J!llilslie. Section 5. Terms for members of boards and commissions: YES Should the Charter of the city of Chula vista be amended at Article VI, section 602 to provide NO that appointments to an initial term of less than two years do not count towards the prohibition against holding a position as a member of a board or commission for more than two full terms of four years each? section 5A. If the proposition stated in section 5 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 602. Appointments: Terms and Vacancies. (a) Appointments and Terms. The members of each of such boards or commissions shall be appointed, and shall be subject to removal, by motion of the city council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and qualified. Members of such advisory boards and commissions shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the commission upon which the member had served; provided, further, that for the purpose of this section, an appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of two (2) years shall be considered to be a full term. (b) Initial Classification of Appointees. The members first appointed to such boards and commissions shall so classify themselves by lot so that each succeeding July 1st the term of one (1) of their number shall expire. If the total number of members of a board or commission to be appointed exceeds four (4), the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one (1) member shall expire on each succeeding July 1st. (c) Vacancies. Vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be 6 2JJ-t. --..-..------..-..- ....-..- for the unexpired portion of such term. If a member of a board of commission is absent from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a felony or crime involving moral turpitude, or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the city Council. (d) Eliqibili ty. All members of boards and commissions shall be qualified electors in the City of Chula vista with the exception of Youth Commissioners who need only be residents of the city of Chula vista. No person may be appointed nor shall serve on more than one of the Charter-created boards or commissions simultaneously. Section 6. Public Works Contracts: YES Should the Charter of the city of Chula vista be amended at Article X, section 1009 to provide NO for increases in the amounts of Public Works contracts controlling the method by which such contracts are competitively bid, or negotiated and awarded, from, respectively, $10,000 to $25,000, and $25,000 to $50,000? section 6A. If the proposition stated in Section 6 above is approved by a majority of the voters casting ballots thereon, the text of the Charter shall be changed as follows: Sec. 1009. Contracts on Public Works. In the construction, reconstruction, or repair of public buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the city Attorney. Every project involving an expenditure of t\.~Cflty f i 9.WC fiftv thousand dollars ($±B25,000.00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one 7 ~-? -------~-_...__.- or more insertions, the first of which shall be at least ten days before the time for opening bids. If the cost of said public works project is more than the sum of ~ twenty-five thousand dollars ($M25,000.00) but less than b.-CRty five fifty thousand dollars ($*50,000.00), the city council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. If the project involves the expenditure of ~ twentv- five thousand dollars ($M25,000.00) or less, the City Manager may cause such written contract to be let without advertising for bids. However, except in emergencies, the city Engineer or the Purchasing Agent shall obtain informal bids. The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the city Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. The city council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the city Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the city with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces. All bids of more than t\lcnty five fifty thousand dollars ($*50,000.00) shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the city. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the city and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The city Council shall be competent to award any contract by comparison of bids on the basis of several factors including time completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and 8 20.' ------------"-----.---"- "-".--- provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension Be recommended by the City Manager and the head of the Department concerned. The city Council may reject any and all bids presented and may readvertise in its discretion. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. section 7. That the city Clerk shall certify to the passage and adoption of this resolution and enter into the book of original resolutions. Presented by Approved as to form by Beverly A. Authelet City Clerk torney 9 ;2.ð..~ ---_.-._--_..-...~ - ,--- / COUNCIL AGENDA STATEMENT Item~ Meeting Date 2/25/92 ITEM TITLE: Report: City of Chula Vista response to the proposed listing of the California Gnatcatcher as an Endangered Species by the U.S. Fish & Wildlife Service SUBMITIED BY: Di.- oIP"",,,,..¡: ~ -a.~~ REVIEWED BY: City Manager 9 (4/5tbs Vote: Yes_No,.XJ BACKGROUND: On February 27, 1992, the U.S. Fish & Wildlife Service will be conducting a public hearing on the proposed listing of the California Gnatcatcher as a federally endangered species. This listing was proposed on September 17, 1991 by the Service. This hearing is part of the review process which the U.S. Fish & Wildlife Service is undertaking to determine whether the California Gnatcatcher should be placed on the federal endangered species list. In addition, the Service has received a petition for "emergency listing" of the Gnatcatcher as endangered by the Endangered Habitats League, a coalition of conservation groups. RECOMMENDATION: Authorize the City Manager or his representative to present the attached letter to the U. S. Fish and Wildlife Service at the February 27 public hearing, which states the City's ongoing efforts to enroll in the State Natural Communities Conservation Plan process, and commits the City to avoiding any action which will jeopardize the NCCP process. DISCUSSION: Both the notice of hearing by the U. S. Fish & Wildlife Service, and the "emergency listing" petition by the Endangered Habitats League, stated concerns regarding the adequacy of the State program to deal with coastal sage scrub habitat protection, as well as actions by local governments to approve additional projects which would result in habitat loss. The proposed letter drafted by staff would notify the U.S. Fish & Wildlife Service of the City's commitment to participation in the State Natural Communities Conservation Program, and would state the City's commitment avoiding any action on proposed development projects which would seriously compromise this program or the overall continued viability of the California Gnatcatcher. ~I- -.---. -"--_.~ Page 2, Item ~ I Meeting Date 2/25/92 STATE NATURAL COMMUNITIES CONSERVATION PROGRAM Chula Vista City Staff began actively monitoring the regulatory status of the California Gnatcatcher early in 1991, as both the State and the Federal government received petitions to declare the Gnatcatcher as an endangered species. Such a declaration would preclude any action by any individual or local government which would negatively impact the bird or its habitat. In September 1991, the California Fish & Game Commission declined to list the Gnatcatcher as a candidate species on the state endangered species list. This decision was largely in response to a new state plan of action, the Natural Communities Conservation Program (NCCP), which is designed to preserve large, contiguous areas of natural habitat for the preservation of numerous native plant and animal species. The State has targeted Coastal Sage Scrub, home to the California Gnatcatcher and numerous other species whose numbers are diminishing (Cactus Wren, Orange Whip-tailed Lizard, etc.) as the fIrst priority of this program. Staff from the City of Chula Vista and the County of San Diego, along with several large property owners in the area, have tentatively agreed to participate in a South San Diego County Natural Communities Conservation Program (South County NCCP). A working committee representing all three parties has drafted a work program and defIned the proposed planning area for the project. In addition, the South County NCCP working group has coordinated with the efforts of the Clean Water Program's Multiple Species Conservation Plan (MSCP), a plan for preservation of contiguous natural habitat areas within the service area of the San Diego Metropolitan Sewerage System. On February 12, 1992, the County Board of Supervisors gave conceptual approval to the County's enrollment in the State NCCP, subject to review of the guidelines which have not yet been fmalized. It is the working group's intent to fInalize the proposed enrollment of the South County NCCP after a meeting with the State NCCP Advisory Board on February 26, to be held in San Diego, and thereafter to bring it back to the City Council and Board of Supervisors for fInal approval. DEVELOPMENT WITHIN CHULA VISTA The eastern portion of the Chula Vista General Plan area contains signifIcant areas of Coastal Sage Scrub habitat and associated populations of the California Gnatcatcher. The General Plan, last updated in 1989, preserved signifIcant portions of this habitat as natural open space within the City's proposed greenbelt and open space corridors. Furthermore, when reviewing individual development plans fIled pursuant to the General Plan, the City requires the preparation of Environmental Impact Reports which fully evaluate potential impacts on biological resources, including coastal sage scrub habitat. The EIRs are prepared in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game. 21-2 ""-~-----~-"-'-"' Page 3, Item 2,1 Meeting Date 2/25/92 The City will continue to give careful consideration to comments received from the U.S. Fish & Wildlife Service and other agencies when considering the merits of these projects, and will avoid taking any action which will jeopardize either the continued viability of the California Gnatcatcher, or the on-going planning process which the City is pursuing under the auspices of the California State Natural Communities Conservation Program. FISCAL IMPACT: None NOTE: This agenda statement has been reviewed by the City's Environmental Resource Manager. 2/ -:3/ ).I-~ ---, . _.._...,..._-_..~._.....,----_.._._.__.._.~._~-_.._- ---..---.--.-----,.-..-.... DRAFT February 25, 1992 Mr. Jeffrey Opdycke Field Supervisor U.S. Fish & Wildlife Service Southern California Field Office 24000 A vila Road Laguna Niguel, CA 92658 Dear Mr. Opdycke: On February 27, 1992, the U.S. Fish & Wildlife Service will conduct a public hearing in San Diego regarding the listing of the California Gnatcatcher as an endangered species on the Federal Endangered Species List. Please accept the following comments from the City of Chula Vista on this proposal. STATE NATURAL COMMUNITIES CONSERVATION PROGRAM As you are aware, the State of California has promulgated the Natural Communities Conservation Program, designed to preserve large, contiguous areas for the maintenance of diverse, sustainable populations of local flora and fauna. The State has targeted Coastal Sage Scrub, home to the California Gnatcatcher and numerous other species whose numbers are diminishing (Cactus Wren, Orange Whip-tailed Lizard, etc.) as the first priority of this program. Since October 1991, the City of Chula Vista and the County of San Diego, along with several large property owners in the area, have been working toward development of a South San Diego County Natural Communities Conservation Program (South County NCCP). A working committee representing all three parties has drafted a work program and defined the proposed planning area for the project. In addition, the South County NCCP working group has coordinated with the efforts of the Clean Water Program's Multiple Species Conservation Plan (MSCP), a plan for preservation of contiguous natural habitat areas within the service area of the San Diego Metropolitan Sewerage System. On February 12, 1992, the County Board of Supervisors gave conceptual approval to the County's enrollment in the State NCCP, subject to review of the guidelines which have not yet been finalized. It is the working group's intent to finalize the proposed enrollment of the South County NCCP after a meeting with the State NCCP Advisory Board on February 26, to be held in San Diego, and thereafter to bring it back to the Chula Vista City Council and County Board of Supervisors for final approval. 2'''C; M."~____._'_._'_. .._._ DEVELOPMENT WITHIN CHULA VISTA The eastern portion of the Chula Vista General Plan area contains significant areas of Coastal Sage Scrub habitat and associated populations of the California Gnatcatcher. The General Plan, last updated in 1989, preserved significant portions of this habitat as natural open space within the City's proposed greenbelt and open space corridors. Furthermore, when reviewing individual development plans filed pursuant to the General Plan, the City requires the preparation of Environmental Impact Reports which fully evaluate potential impacts on biological resources, including coastal sage scrub habitat. The EIRs are prepared in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game. The City will continue to give careful consideration to comments received from the u.S. Fish & Wildlife Service and other agencies when considering the merits of these projects, and will avoid taking any action which will jeopardize either the continued viability of the California Gnatcatcher, or the on-going planning process which the City is pursuing under the auspices of the California State Natural Communities Conservation Program. SUMMARY We recommend that the State and local efforts to protect the California Gnatcatcher and other threatened species, as described above, be allowed to proceed, with the active participation of U. S. Fish and Wildlife Service. The City of Chula Vista, along with other local, regional, and state governmental entities, are fully committed to making the State Natural Community Conservation Program a success. Sincerely, John Goss, City Manager City of Chula Vista (Dccpllr .gb) Zl.. {¡, --- +_.._-~---_.__._._--- COUNCIL AGENDA STATEMENT Item ~2. Meeting Date 2/25/92 ITEM TITlE: Report evaluating the hydrologic and hydraulic characteristics of the stormwater conveyance system within the downstream section of the centra 1 drainage basin and outl ining two mitigation alternatives ~ SUBMITTED BY: Director of Public wor~ REYI EVED BY: City Manag~ (4j5ths Vote: Yes___No~) Council Referral No. ~ In the late afternoon and early evening of February 6, 1992, many areas in the City of Chula Vista experienced flooding caused by a high intensity storm that provided large amounts of rain in a very short time. The downstream portion of the central drainage basin between "G" and "H" Streets west of Broadway was one of the areas that experi enced flood i ng problems. Approximately 40 units of the South Bay Towers Apartments at 616 "G" Street suffered severe flooding, causing damage to carpets, and an unknown amount of other contents damage. In a 24 hour period the drainage basin received 3.4 inches of rainfall according to rain gage measurements at Fire Station #1. Between 4 pm and 7 am the rainfall measurement was 2.38 inches. Drainage systems are designed to handle storms of certai n probabil it ies. A 50 year storm is defi ned as the worst storm that would occur in a fifty year period, or the probabi 1 i ty of that storm occurring in any year is 2%. The downstream system of conduits was not adequate to handle the volume of runoff from th is magn itude of storm. Staff has studied two alternatives to remedy the flooding problem by providing a drainage system downstream that would handle a 50 year storm. This report contains a feasibility analysis of each a lternat i ve, an analysi s of costs, drainage calculations, and a discussion of easement issues. REC0tt4ENDATIDN: That Counci 1 accept thi s report and di rect staff to prepare a CIP submittal based on Alternative 2. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Engineering Division has completed a study concerning the adequacy of storm drain facilities at the west border of the central drainage basin. The drainage facilities west of Broadway consist of the following: 1. Open channel southwest of Broadway and "G" Street. 2. 72-inch and 75-inch reinforced concrete pipes downstream of channel, flowing in southerly direction. 3. Double 57-inch reinforced concrete pipes in the apartment alley north of "H" Street, east and west of Oaklawn Avenue. 4. 48- inch rei nforced concrete pi pe and box cul vert on north side of "H" Street. 5. 48-inch and double 45-inch reinforced concrete pipes crossing "H" Street. 6. Channel parallel to and south of "H" Street. 7 . Channel parallel to Interstate 5. 1'). - , ."_.._-..,.,._-,._.."-_._._..,_.._~ Page 2, Item J.~ Meeting Date 2/25/92 The ultimate 50-year runoff based on the "Fogg Report" (a drainage study prepared in 1964 by Lawrence, Fogg, Florer and Smith, Civil Engineers, to supp 1 ement the General Plan) downstream of the unimproved channel behind the apartment complex located at 616 "G" Street is 974 cfs. However, as a result of i nsta llat ion of a detention basin in Memorial Park, the Fogg 50-year ultimate runoff is adjusted to 683 cfs. Two alternatives are outlined in this report that will upsize the downstream facil it i es in order to handle the 683 cfs discharge. Both alternatives involve improvement of the natural channel between the downstream end of the existing concrete channel and the Vi stan Apartment's easterly property 1 i ne. The existing drainage facilities in the area are shown on exhibit "A". Both a lternat i ves involve replacement of the 72-inch and 75-inch reinforced concrete pipes (drainage facility no. 2 as described above) downstream of the channel. The double 57-inch reinforced concrete pipes will remain in place west of Oaklawn Avenue for both alternatives. The different alignments of the two alternatives are shown on Exhibits "B" and "C". Drainage facilities 4, 5, 6 and 7 as listed above will not be affected by the proposed alternatives and will not need improvement or replacement. Alternative #1 involves construction of the unimproved 180 ft. section of the trapezoidal channel and installation of a transition structure between the downstream end of the new channel and the new 10 ft. x 6 ft. reinforced concrete box (RCB) which is proposed to replace the existing 72-inch and 75-inch reinforced concrete pipes and the existing two 57-inch reinforced concrete pi pes across the Vi stan Apartments property east of Oak lawn Avenue. The proposed 10 ft. x 6 ft. box culvert will end at Oaklawn Avenue and trans it ion into two 54-inch rei nforced concrete pipes flowing southerly towards "H" Street. The two pipes will transition into a 78-inch reinforced concrete pipe flowing westerly in "H" Street and eventually connecting to the existing reinforced concrete box along the south side of "H" Street west of Woodlawn Avenue. Alternative #2 is the recommended alternative and also involves constructing the 180 ft. unimproved section of the trapezoidal channel. The channel wi 11 connect through a transition structure to a 10 ft. x 6 ft. box flowing southerly along the easterly property 1 i ne of Vi stan Apartments towards "H" Street. The box, in turn, connects to an 84-inch reinforced concrete pipe which also flows in the southerly direction under the parki ng lot of the property located at 655 "H" Street and then connects to another 84-inch reinforced Concrete Pipe fl owi ng westerly in "Hit Street which eventually connects to an exi st i ng rei nforced concrete box cul vert along the south side of "H" Street west of Woodlawn Avenue. Easement Issues Both a lternat i ves will require the acqu is it i on of dra i nage easement rights over the proposed 180 ft. section of the trapezoidal channel, and over approximately 80 ft. of the upstream section of the 10 ft. x 6 ft. RCB. ~;'-Z __._.~"__.'m. Page 3, Itell 22- Meeting Date 2/25/92 No easements in addition to the above will be required for Alternative #I. All other proposed work wi 11 be done within existing drainage easements and within public right-of-way. Alternative #2, will requ ire an additional 18 ft. dra i nage easement to be obtained from the property located at 655 "H" Street. This easement will lie over the proposed 84-inch reinforced concrete pipe. Both alternatives will require preparation of Traffic Control plans for construction work within "HI! Street. Alternative #l will require an additional Traffic Control plan for work within Oaklawn Avenue. Construction work within the Vistan Apartments property will restrict parking access to a number of tenants. Provision of alternative parking will be needed. ~ Prel iminary costs involved with the two different alternatives are estimated at $1,200,000 for Alternative #1 and $1,020,000 for Alternative #2. A detailed breakdown of the cost estimates is attached to this report. FISCAL IMPACT: The cost to implement the recommended A lternat i ve #2 is estimated to be approximately $1,020,000. The project will be funded through the Capital Improvement Program. The improvements could be financed with Res i dent 1a 1 Construction Tax, Gas Tax, TransNet, Assessment District, or Genera 1 Fund monies. The use of Gas Tax or TransNet funds must be done in conjunction with street reconstruction or improvements. This could be applied towards the improvements to be done within street right-of-way in conjunction with the street improvement projects. It is difficult to determine at this time the preci se amount each fund coul d contri bute to the proposed project, a lthough a major port i on of th is project may need to be funded through the Genera 1 Fund. More precise allocation of project costs among various revenue sources will be made in the CIP submittal. SMN/KY-057 WPC 5900E ].%-.,3 _.__.__............U_H_ CITY OF CHULA VISTA ENGINEERING DIVISION COST ESTIMATE PROJECT TITLE: Central Drainage Basin, West of DATE: 02/1 9/92 Broadway Between "G" and "H" PREPARED BY : MJI Streets. Improvements of Downstream CHECKED BY : SMN Drainage Facilities AL TERNA TIVE I - NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT 1 Gradin¡¡ for Channel LS LS $50,000.00 $50,000 2 Trapezoidal Channel 180 LF 300.00 54,000 3 Transition Structure 70 LF 600.00 42,000 4 10' X 6" RC Box 700 LF 600.00 420,000 5 54" RCP 400 LF 180. 00 72,000 6 78" RCP 480 LF 250.00 120,000 7 Storm Drain Cleanouts 3 EA 10,000.00 30,000 8 Transition Structure 50 LF 600.00 30,000 9 Removal of Existing 72" RCP 200 LF 100.00 20,000 10 Removal of Existin¡¡ 75" RCP 100 LF 100.00 10,000 11 Removal of Existing Two 57" RCP 590 LF 100.00 59,000 12 Removal of Existin¡¡ 8' X 8' Cleanout 1 EA 3,000.00 3,000 13 Removal of Existin¡¡ 9' X 13' Cleanout 1 EA 3,000.00 3,000 14 Remove and Reconstruct Car Port 1 EA 20,000.00 20,000 15 Possible Compensation for Easements LS LS 7,000.00 7,000 16 Traffic Control LS LS 15,000.00 15,000 SUBTOTAL $955,000 STAFF AND CONTINGENCIES (25%) $238,750 TOTAL $1,193,750 SAY $1,2.00,000 ¡.Z - ~ ---_.-.",~-_._---_._,-- CITY OF CHULA ¡fIST A ENGINEERING DIVISION COST ESTIMATE PROJECT TITLE: Central Drainage Basin, West of DATE: 02/1 9/92 Broadway Between "0" and "H" PREPARED BY: MJI Streets. Improvement of Downstream CHECKED BY : SMN - Drainage Facilities AL TERNA TIVE II NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT 1 Gradine: for Channel LS LS $50,000,00 $50,000 2 Trapezoidal Channel 180 LF 300.00 54,000 3 Transition Structure 70 LF 600.00 42,000 4 10' X 6" RC Box 400 LF 600.00 240,000 5 84" RCP 1,060 LF 260.00 . 275,600 6 Curve Transition/Cleanout 1 EA 12,000,00 12,000 7 Storm Drain Cleanouts 2 EA 10,000.00 20,000 8 Transition Structure 50 LF 600.00 30,000 9 Removal of Existine: 72" RCP 200 LF 100,00 20,000 10 Removal of Existine: 75" RCP 100 LF 100.00 10,000 11 Removal of Existine: 8' X 8' Cleanout 1 EA 3,000.00 3,000 12 Removal of Existine: 9' X 13' Cleanout 1 EA 3,000,00 3,000 13 Remove and Reconstruct Car Port LS LS 20,000.00 20,000 14 Remove & Replace Retain. Wall (20'X6') LS LS 5,000,00 5,000 15 Traffic Control LS LS 15,000.00 15,000 16 Possible Compensation for Easements 4000 SF 2.50 10,000 17 * Compensation for Work in Parking Lot LS LS 5,000.00 5,000 SUBTOTAL $815,000 STAFF AND CONTINGENCIES (25%) $204,000 TOTAL $1,019,000 SAY $1020000 .'~ ' . , .,. . * Possible reimbursement to compensate for loss of business due to construction within the parking lot. The Parking area will not be 100% available for use during construction. Duration of construction within parking lot is not expected to exceed one week. f.J.-5 ___.____0___ \ , , \..,' - , \ \ \ ~ . . .QtO\leõ \Jt\\tt\ ¡"te3 . L. ~ ~ f-: ~ '¡,j '" '" 'ª (0 ~ ... \,... - -z,. -'" (fI .,:\ 1/1 - , \ - -'" , , , 'V , -'" , . Legend: J. ............ Existing Drainage Facilities JI Unimproved Area - - Existing 20' Drainage Easement - - DUWN BY: A. Stevens .ROJZCT "IIi'LI: CENTRAL DRAINAGE BASIN DATil February 17, 1992 WEST OF BROADWAY EXHIBIT MAM tt... " . - \ . \ \ , ô,¡\\\\t\ . 'tt'¡V' {;)\\,\\\\!> \ \ ~,¡\\\\t\ 'iß 'tt'¡V' \ '\ \,- . \\ 'tt'¡\\'\\\O - . - ....' - . : ~ Legend: j .1111111. Existing Drainage Facilities Proposed Drainage Facilities - - Existing 20' Drainage Easement DRAWN BY: A. Stevens PROJECT TITLE AL TERNA TIVE ] CENTRAL DRAINAGE BASIN DATE I February 18, 1992 WEST OF BROADWAY EXHIBIT -Sa ;'2-7 - -- _._..._."._.._-,.,.._----~-,.. ..--.......--- . \ \ ii,it' \ 'Ø' \ \ \ ~ \ \ . --- ~t\ ~ .'. '\:ta\l' \ iØ\1n¥> " \ 'S__ ~e\ '\ -- --__.--- ~ A- _ \~ 1t'ð· \ .."It - -- ", í ..-: "~"~I '- .... ' . ~ ~'t ¡.CJ~ ~t~ \ -- -- ..-" f"""'- .- - \ ,S- ¡.CJ~ , .~ .J.---- (,¥.ttÐO'lt ~ - --- - í'" - ...." " \ - - - - \ \-- \ \\ete \ £ ~e'b\~~ , ßði' ~C . \ \ \ \ , \.. -,'" \ Transition ~ Legend: J ."1111 Existing Drainage Facilities - Proposed Drainage Facilities = :. Existing 20' Drainage Easement DRAWN BYI A Stevens PROJECT TITLE ALTERNATIVE II CENTRAL DRAINAGE BASIN DATE I February 17, 1992 WEST OF BROADWAY EXHIBIT ·c· . ~¡. ~y - ---"'--'"---~"-'-- COUNCIL AGENDA STATEMENT Item 2 C; I\.. Meeting Date 2/25/92 ITEM TITLE: a. Ordinance,-4QIø Amending Chapter 9.20 of the Municipal Code to Adopt the Model Graffiti Ordinance Sponsored by the San Diego Division of the League of California Cities' b. Resolution1lo S7..IÞAdopting the San Diego Division of the League of California Cities' Anti-Graffiti Program. SUBMITTED BY: Councilman Moor~ (4/5ths Vote: Yes_No-X..) The San Diego Division of the League of California Cities appointed a task force to deal with the problems of graffiti throughout San Diego County. From Chula Vista, Councilman Moore, the City Manager, City Attorney and Deputy Director of PW/OPS were involved in the Task Force The City of Chula Vista's City Attorney developed a model graffiti ordinance which was reviewed by the task force and the San Diego County City Attorney's Association. At the same time, the League Task Force developed an anti-graffiti program. The San Diego Division has requested that all cities adopt both the model ordinance and the anti-graffiti program. RECOMMENDATION: Adopt the Ordinance which will delete the City's current Property Defacement chapter of the Municipal code and replace it with the Model Ordinance. Adopt the resolution which will adopt the anti-graffiti program. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Graffiti has become a growing problem throughout much of San Diego County. During the Spring of 1991, then Mayor Pro-Tempore Moore along with the City Manager and City Attorney met with the Presiding Judge of the Juvenile Court to request his assistance in more severe sentencing of juvenile offenders involved in graffiti crimes. The Presiding Judge was very supportive of their request, but indicated that it would be beneficial to get all the cities in San Diego County to deal with graffiti in a similar manner. A Chula Vista subcommittee on graffiti problems had been formed in May 1991 and had reached the same conclusion. As a result, the San Diego Division of the League of California Cities formed a Graffiti Task Force to develop both a comprehensive Model Ordinance and Anti-Graffiti Program. Since Chula Vista's City Attorney wrote the Model Ordinance, it is very similar to Chula Vista's existing Graffiti Ordinance. There are, however, several improvements that have been incorporated in the Model Ordinance and will be discussed below. This listing represents all of the differences between the current and proposed Graffiti Ordinance. All of the following section numbers refer to the proposed amended ordinance. . SECTION 9.20.020.D This section defines a "graffiti stick" and adds graffiti sticks to the list of "graffiti implements". The first graffiti sticks were those used in construction trades to mark pipe, streets, sidewalks, etc. Now, however, new products with names such as "devil stick" are being sold which could be construed as just for graffiti. /.. 5", - ( UUIHU! Vid..llUU~ It::VICWSIJI (HII Clllr~111 \ "I'-nl 1111 "nnnnn(~p. Page 2, Item .2~~ Meeting Date 2/25/92 · SECTION 9.20.030.C This section makes it unlawful for not only minors, but also adults to have graffiti implements in many public places. · SECTION 9.20.040.A This section permits the City to require that minors that commit certain offenses in the City, perform Community Service in the City. It is expected that much of that service would involve graffiti eradication. · SECTION 9.20.045.A This section memorializes the reward already authorized by City Council with the acceptance of Supplemental Budget Report #25 for FY92. · SECTION 9.20.040.B This section authorizes the payment of cellular telephone direct charges for individuals reporting either graffiti in progress or existing graffiti within the City limits. Staff is exploring free service similar to the Traffic reports currently provided by Pac Tel Cellular. · SECTION 9.20.050.A This section differs from the current section in that it omits aerosol paint containers, but adds other Graffiti Implements. This was done since State law already prohibits the furnishing of aerosol paint containers to minors, but is silent on other Graffiti Implements. · SECTION 9.20.050.B This section is not changed from the current section. However, a similar provision applying to aerosol paint containers ordained by the City of Los Angeles has been found invalid on the presumption of State Preemption by a lower court. The City Attorney recommends that enforcement be suspended until final appeals are heard in that case. This will not prevent staff from requesting and encouraging merchants to follow the Ordinance as it relates to aerosol paint containers. It may be that in some cases a visit by an interested Council person would help encourage the merchant. · SECTION 9.20.050.D The Model Ordinance limits this provision to minors. Staff, however, recommends the adoption as proposed so that the damage caused by any person would fit under this section. · SECTION 9.20.055.B.2 This section is in response to requests Council made during various reviews of our current Graffiti Ordinance. · SECTION 9.20.055.C.l This section would permit the use of public funds to remove graffiti in very specific cases. The main purpose is not to use public funds, but to gain entry to private property. It may be, however, that in certain cases (such as financial difficulty) City Funds would be used to prevent further disfigurement to the neighborhood. · SECTION 9.20.055,D.l Electrical utility boxes are excluded since special anti- conductive paint must be used on them. All of the utility companies, including SDG&E, have been very cooperative in giving City Forces and volunteer groups graffiti removers. · SECTION 9.20.055.D.2&.3 Both of these sections came about as a result of Council discussions on preventing graffiti in future developments. · SECTION 9.20.060.A Again, this requires property owners to take responsibility for the design of their structures in ensuring that they do not encourage graffiti. · SECTION 9.20.060,B Permits the City to require that the owner of property that is a frequent target of graffiti take action to make it more difficult to apply graffiti in the future. 2.CS^ - 2- ",' "-_._--"-~"_._-""-'.'-"-'-- Page 3, Item ;¿S~ Meeting Date 2/25/92 The proposed Anti-Graffiti Program (which is attached) submitted by the League Task Force contains many of the elements already used by the City of Chula Vista. It was prepared to furnish other cities with the experience gained by Chula Vista, La Mesa, and San Marcos in their anti-graffiti efforts. Additionally, it attempts to provide for uniform treatment by juvenile offenders and provide the Juvenile Court with consistent diversion programs. Staff recommends that it be adopted by resolution to show Chula Vista's support for the program. None of Chula Vista's current practices will change as a result of the adoption of the program. FISCAL IMPACT: None from this agenda statement. The Council has already appropriated a total of $200,000 for FY92 for graffiti control. /..~ - 3 / ,2~Q, ~ If .___._.____,__...___._.______·'0.___ ORDINANCE NO. ~*~~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF THE MUNICIPAL CODE TO ADOPT THE MODEL GRAFFITI ORDINANCE SPONSORED BY THE SAN DIEGO DIVISION OF THE LEAGUE OF CALIFORNIA CITIES. WHEREAS, graffiti has become a nuisance of cates trophic proportions in all areas of the County of San Diego, including the City of Chula Vista, thereby requiring a uniform, county-wide solution; and, WHEREAS, based on an model graffiti ordinance initially sponsored by the City of Chula Vista, the San Diego Division of the League of California cities has ratified a proposed model graffiti ordinance, and encouraged each of the respective cities in the County of San Diego to adopt said model; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 9.20 of the Municipal Code is hereby amended, in its entirety, to read as follows. " Chapter 9.20 PROPERTY DEFACEMENT 9.20.010. Purpose and intent. 9.20.020 Definitions. 9.20.030 Prohibition of defacement. 9.20.040. Punishment Provisions. 9.20.045. Detection Provisions. 9.20.050 Accessibility to Graffiti Implements. 9.20.055 Removal Provisions 9.20.060 Prevention Provisions 9.20.065 Parental Involvement provisions 9.20.070 severability 9.20.010. Purpose and intent. It is the purpose and intent of the City Council of the City, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and values of private property owners as well as the total community. It is further the intent of the City Council, through the adoption of this notice upon all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the police department and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 1 ~5ø.... ~ -~~ ..._-~-----_._._------- of public and private properties. 9.20.020 Definitions. A. Graffiti As used in this section, "graffiti" includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or, cn any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the Council to be a public nuisance. B. Aerosol Paint Container "Aerosol paint container" means any aerosol container, regardless of the material from which it made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. C. Felt Tip Marker "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth (lj8th) inch, containing an ink that is not water-soluble. D. Graffiti Stick "Graffiti Stick" means a device containing an solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble. 1 E.. Graffiti Implement "Graffiti Implement" means an Aerosol Paint Container, a Felt Tip Marker, or a Graffiti Stick. 1. La Mesa is proposing to add glass cutters. graf41. wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 2 2SIJ.-" .-,.-.-...-...-. -.--.--.-... 9.20.030 Anti-Vandalism Provisions. A. Unlawful to Apply Graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the City. B. Possession by Minors. It shall be unlawful for any person under the age of eighteen years to have in his or her possession any Graffiti Implement while upon public property or upon private property without the consent of the owner of such private property whose consent is given in advance and whose consent shall be given as to the person's presence while in the possession of a Graffiti Implement. (i) School Exception for Felt Tip Markers. The foregoing provision shall not apply while (1) the person is attending, or travelling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers. C. Possession in Designated Public Places. No person shall have in his or her possession any Graffiti Implement while doing any activity in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public except as may be authorized by the City. 9.20.040. Punishment Provisions. A. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City shall be required, at the City's option, to perform community service, including graffiti removal service of not less than 6 hours nor more than 80 hours. B. Penalties for Violation. Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney. 9.20.045. Detection Provisions. A. Reward Authority. (a) Pursuant to Section 53069.5 of the Government Code, the City does hereby offer a reward of $150.00 for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the use of Graffiti, not to exceed $300.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 3 Z,SA"7 .. .-.-.-,-.-----..--------- a lesser offense, shall constitute a conviction. (b) Claims for rewards under this Section shall be filed with the City. Each claim shall: (1) Specifically identify the date, location and kind of property damaged or destroyed. (2) Identify by name the person who was convicted, or confessed to the damage or destruction of the City property. (3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession. (c) No claim for a reward shall be allowed by the city Council unless an Authorized Representative of the City investigates and verifies the accuracy of the claim and recommends that it be allowed. (d) The person committing the graffiti, and if an unemancipated minor, then the custodial parent of said minor, shall be liable for reward paid pursuant to this section. B. Reimbursement of Car Phone Air Time. The City shall reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti vandalism or existence of graffiti within the City limits in the amount of the direct phone charges, exclusive of taxes, etc., incurred by said person. 9.20.050 Accessibility to Graffiti Implements. A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, ìoaned, or otherwise furnished, any Felt Tip Marker or Graffiti Stick to any person under the age of eighteen years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing. B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise ("Se11er") shall display for sale, trade or exchange, any Graffiti Implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying a Graffiti Implement for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or 2. La Mesa wants to add "Glass cutter." graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 4 ~ r;~ - ~ .,____._____..____n___ service counter from which the public is precluded from entry.3 C. Wrongful storage. No person shall store any Graffiti Implement except in either (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner, shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner. 1- Enforcement Policy on Wrongful Storage Offenses. It shall be the intention of the City to enforce this provision against the Wrongful Storage of Graffiti Implements only when its violation has caused or contributed to an act of vandalism by a third party. D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores a Graffiti Implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by a anv verson4 who shall use such Graffiti Implement in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. not to exceed Sl.500. 9.20.055. Removal Provisions. A. Right of City to Require Removal. (Self-Removal) . It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("Responsible Party') to permit property which is defaced with graffiti to remain so defaced for a period of seven (7) days after notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or (2) unless it can be demonstrated that the Responsible Party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of £ifteen (15) days after notice of same. 3. However, be mindful of the proposed attached enforcement policy presented in the Agenda Bill. 4. This is an change from the model ordinance, which used the word: "minor". graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 5 ,'2S~ -~ .M.___. - --~- --,._-,.._-----.---~,....,._-- B. Declaration of Nuisance. l. Graffiti as a Nuisance. The existence of graffiti within the City limits of the City is a public and private nuisance, and may be abated according to the provisions and procedures herein contained. 2. Graffiti Attracting Surface as a Nuisance. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than 5 times in 12 months is a public and private nuisance, and may be abated by minor modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures herein contained as follows: Said surface or surfaces shall be required to be retrofitted, at the cost of the property owner of said lot, not to exceed a total cost of $500, or at the cost of the City at the City's option, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. C. Right of City to Remove. l. Use of Public Funds. Whenever the City becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi public place within the City, the city shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize er undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the Responsible Party agrees to pay for the costs of repainting or repairing the more extensive area. 2. Right of Entry on Private Property Provisions. (i) Securing OWner Consent. Prior to entering upon private property or property owned by a public entity other than the City, for the purpose of removal of graffiti, the ~ity shall attempt to secure the consent of the Responsible Party , and a release of the City from liability for private or public property or liability damage. (ii) Failure to Obtain OWner Consent. If a Responsible Party fails to remove the offending Graffiti within the time herein specified, or if the City shall have requested consent to remove or paint over the offending Graffiti and the Responsible Party shall have refused consent for entry on terms 5. This represents a change from the model ordinance first proposed by La Mesa, from "property owner" to "Responsible Party" . graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 6 'Z'5~ -10 .._..,-~"-~..._---_._------- acceptable to the City consistent with the terms of this Section, the City shall commence Abatement and Cost Recovery Proceedings for the removal of the graffiti according to the following procedure. (Hi) Abatement and Cost Recovery Proceedings. 1) Notice and Conduct of Due Process Hearing. The City Manager, or his or her designee, ( "Hearing Officer") shall give not less than 48 hours notice, served in the same manner as Summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.) to the Responsible Party or partys who are responsible for the maintenance of a parcel of property containing graffiti ("Property") , and, if a different person is the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner ("OWner" ) also, of a "due process" hearing at which said Responsible Party and Owner shall be entitled to present evidence and argue that his or her Property does not contain graffiti. The determination of the Hearing Officer after the "due process" hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the Responsible Party, Owner, or their respective agents, the Hearing Officer determines that the Property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice ("Eradication Order") that, unless the graffiti is removed within 5 days thereafter, the City shall enter upon the Property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer) or such other eradication thereof ("Eradication Effort") as the Hearing Officer determines appropriate, and shall provide the Responsibility Party and OWner thereafter with an accounting of the costs of such Eradication Effort on a "full cost recovery basis." 2) Eradication Effort. Not sooner than the time specified in the Order of the Hearing Officer, the City Manager, or his designee, shall implement the Eradication Order, and shall provide an accounting to the Responsible Party, and as appropriate, the Owner, of the costs thereof ('Eradication Accounting"). 3) Cost Hearing. If the Responsible Party or Owner fails to request a hearing before the Hearing Officer on the Eradication Accounting ('Cost Hearing") I or if requested, and a Cost Hearing is conducted after extending due process to the graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 7 zt;,.. -II ---..--...-- Responsible Party and, as appropriate, the Owner, after such a Cost Hearing, the Hearing Officer determines that all or a portion of the Costs are appropriately chargeable to the Eradication Effort, the total amount set forth in the Eradication Accounting, or such amount thereof determined as appropriate by the Hearing Officer, ("Assessed Eradication Charges") shall be due and payable by the Responsible Party within 30 days. Any amount of Assessed Eradication Charges assessed by the Hearing Officer which are less than the total amount set forth in the Eradication Accounting shall be explained by written letter from the Hearing Officer to the City Councilmembers. 4) Lien. As to such Property where the Responsible Party is the OWner, if all or any poruion of the Assessed Eradication Charges remain unpaid after 30 days, pursuant to the authority created by law, including Government Codes Section 38773, et seq., such portion thereof as shall remain unpaid shall constitute and is hereby declared to constitute a lien on the Property which was the subject matter of the Eradication Effort. The Director of Public Works shall present a Resolution of Lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the San Diego County Recorder's Office. D. Ease of Removal Provisions. 1. Common Utility Colors and Paint-type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the City, other than an electric utilitv6, shall paint their above-surface metal fixtures with a uniform paint type and color which meets with the approval of the City Manager. 2. Condition Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned on (1) the permittee shall apply an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the City Manager, or his or her designee; (2) the ~ediate removal by the permittee of any graffiti; (3) the right of the City to remove graffiti or to paint the encroaching object; (4) providing City with sufficient matching paint and/or anti- graffiti material on demand for use in the painting of encroaching object containing graffiti. 6. Minor wording change from model ordinance. 7. La Mesa is proposing: "Except to the extent exempted by the city Manager." Staff has considered and reject such an amendment for our purposes. graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 8 2'5A. ../1- -.--.-.-. .-.--------- 3. Condition Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other s~ilar land use entitlements, the City shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other sLmilar land use entitlement, is approved: (i) Use of Anti-Graffiti Material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the City Manager, or his or her designee, to such of the publicly-viewable surfaces on the improvements to be constructed on the site deemed by the City Manger, or designee, to be likely to attract graffiti ( "Graffiti Attracting Surfaces"); (H) Right of Access to Remove Graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon 48 hours posting of notice, by authorized City employees or agents, to the City for the purpose of removing or "painting over" graffiti from Graffiti Attracting Surfaces previously designated by the Director, and the right to remove such graffiti; and, (Hi) Supply City with Graffiti-Removal Material. Developer shall, for a period of 2 years after the resale of their final lot, provide the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated Graffiti Attracting Surfaces. (iv) Owner to Immediately Remove Graffiti. Developer shall , either as part of the Conditions, Covenants and Restrictions, or as separate covenants recorded against individual lots, prior to resale of same, covenant, which covenant shall run with the land and be for the benefit of the City, in a form satisfactory to the City, that the owner of the lots shall immediately remove of any graffiti placed thereon. 9.20.060. Prevention Provisions. A. Design of New Graffiti-attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the City Manager, or his or her designee, have designed any building structures visible from any public or quasi-public place in such a manner to consider prevention of graffiti, including, but not limited to the following: (a) use of a protective coating to provide for the effective and expeditious removal of graffiti; (b) use of additional lighting; (c) use of non-solid fencing; (d) use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and (e) use of architectural design to break up long continuous walls or solid areas. B. Retro-fit Existing Graffiti-attracting Surfaces; Non- graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 9 :2.~e.. ./.3 -"_...._----_.._........_.~.'"-_..~- ~ Residential Structures. This may be incorporated in the Eradication Order during an abatement hearing. (1) At Owner's Expense. Any surface of a structure on a parcel of land placed in any land use other than residential which has been defaced with graffiti more than 5 times in 12 months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authority hereunder, the City may not impose a cost on the property owner greater than three times the cost of one year's expense to the property owner of graffiti removal. (2) At City's Cost. The owner of property on which is located a surface of a structure other than residential which has been defaced with graffiti more than 5 times in 12 months, or the immediate area surrounding said surface, shall permit the City to enter upon and make such modifications thereto, at City's cost, which modifications shall include such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. 9.20.065 Parental Involvement Provisions. A. Parental Civil Liability. Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her or his child under the age of eighteen to possess a Graffiti Implement shall be personally liable for any and all costs to any person incurred in connection with the removal of Graffiti caused by said child, or by said Graffiti Implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. 9.20.070 Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional." graf41. Wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 10 25t.. -IL/ ---------_.._~....-- section 2. This ordinance shall be in full force and take effect thirty (30) days from the passage and adoption here f. Presented by: A "dat i I LeonRrd Moore Bruce M. Boogaard Councilman City Attorney graf41.wp Proposed Graffiti Chapter 9.20 February 20, 1992 Page 11 ").. C;... ../ £ ~----,-~_._~~- RESOLUTION NO. ) \'5 "'''' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE SAN DIEGO DIVISION OF THE LEAGUE OF CALIFORNIA CITIES' ANTI-GRAFFITI PROGRAM WHEREAS, the San Diego Division of the League of California cities appointed a task force to deal with the problems of graffiti throughout San Diego County; and WHEREAS, at the same time, the League Task Force developed an Anti-Graffiti Program and has requested that all cities adopt the Anti-Graffiti program; and WHEREAS, the proposed Anti-Graffiti Program submitted by the League of California cities Task Force was prepared to furnish other cities with the experience gained by Chula Vista, La Mesa and San Marcos in their anti-graffiti efforts; and WHEREAS, additionally, it attempts to provide for uniform treatment by juvenile offenders and provide the Juvenile Court with consistent diversion programs; and WHEREAS, staff recommends that it be adopted by resolution to show Chula vista's support for the program and none of Chula vista's current practices will change as a result of the adoption of the program. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby adopt the San Diego Division of the League of California cities' Anti-Graffiti Program, a copy Qf which is attached hereto as Exhibit A and incorpo ed herein by reference. Presented by ~:SJ Leonard Moore, Councilman ity Attorney C:\rs\grafprogram. '2-'5ø.. - 17 "-~,._.,...__.._-- --_._~-~----- W~ (<?f7 PROPOSED EXHIBIT SAN DIEGO COUNTY ~ ANTI-GRAFFITI PROGRAM San Diego Divison CALIFORNIA LEAGUE OF CITIES ~So.. _1'1 San Diego Division California League of Cities ANTI-GRAFFITI RELATED PROGRAM AND RESOURCES TABLE OF CONTENTS I Introduction..........;...........................................................................................1 n Removal Program Options and Sources of Funding.................................2 , ill Educational Resources and Prevention Activities......................................5 IV Juvenile Diversion..........................................................................................8 V Proposed Ordinance (Sent under separate cover).....................................10 ~SD-~;2.0 SAN DIEGO COUNTY ANTI.GRAFFITI PROGRAM I. Introduction Graffiti County-wide has increased severely in the last few years, causing cities to respond in a variety of ways to combat the problem. Initially, many cities responded to the increase in graffiti by absorbing the removal responsibility into the daily work schedules of existing city personnel. Until recently the work impact and cost factors were minimal, handled without notice. However with the dramatic increase in graffiti, some San Diego cities have conducted studies, made local referrals or initiated basic removal programs. The goals of the Task Force were to develop a standardized, comprehensive program consisting of: an Ordinance; Removal Program options; Educational Program Options; and Juvenile Diversion/Penalty Options. To standardize and incorporate a County-wide Program is to provide all persons a sense of continuity and a feeling of security against graffiti and other associated crimes. The following pages contain ideas and recommendations for all cities in an effort to combat the seemingly endless problem of graffiti. -1- ~'5,^ -~ SAN DIEGO COUNTY ANTI-GRAFFITI PROGRAM II. Graffiti Removal Program Options The undertaking of a graffiti removal program is a challenging endeavor and a costly commitment for any municipality. There are several options available for cities to help establish a new program or realign an existing program. Options o City to fund entire removal program o City to use Grant funding o City to fund portion and use volunteer clean-up crews o City to provide labor, residents to supply materials o City to provide materials, residents to provide labor o City to coordinate removal and charge residents for removal City to clean-up first removal no charge, subsequent removals, charged City to charge for first time clean-up, subsequent removals no charge City to agree to provide removal at no charge if the resident agrees to provide and apply protective coating City to charge for all removals If a city elects to initiate a removal program there are several additional options available for obtaining materials and supplies. The County of San Diego, Household Hazardous Waste Division offers recycled exterior paint free of charge. This paint is of good quality and comes in three color choices: white; beige; and dark. If color matching is essential, a city can select white and attempt to match the color as needed. Creative approaches for obtaining materials and supplies are encouraged. One such program is working in several cities whereby the first time victim of graffiti receives a voucher from the City and takes it to a local paint store and receives their first gallon of paint free of charge. -2- ~.. 1.:2. - Once a city decides to initiate a full-time program they must elect to use either full-time or part-time personnel for in-field removal. Once a full-time program is underway and all initial equipment is purchased, the costs associated with the program are minimized substantially. .' In fact after all initial expenses are met, the largest remaining expense is salary. Whichever program is selected, removing graffiti from private property requires obtaining a Private Property Consent Form from the property owner or agent prior to removal. (See Attachment A.) Workmen's compensation should be established for all individuals involved in graffiti removal procedures. This includes part-time employees, juvenile offenders and volunteers. Cities need to protect themselves from all possible aspects ofliability. All City employees or volunteers involved in removal procedures should be well-versed in safety procedures. All safety standards should be introduced before any removal procedures are performed. It is strongly recommended that volunteers be limited to painting graffiti out and not be allowed to use any form of chemicals. , -3- 'J.,t5"" - 2..3 The following chart depicts an estimate of the amount of money each city spends annually for graffiti removal. CITY ESTIMATED AMOUNT Carlsbad $7,200 Chula Vista $200,000 Coronado $5,000 Del Mar $327.00 EI Cajon $25,000 Encinitas $4,900 Escondido $70,000 Imperial Bea<:h $4,500 La Mesa N/A Lemon Grove $25,000 National City $125,000 Oceanside $101,300 Poway N/A San Diego N/A San Marcos $45,000 Santee N/A Solana Beach $2,300 Vista $2,000 TOTAL: $617,527 Note: The majority of cities do not budget for graffiti removal, money is used from the Public Works General Fund. Amounts given are approximate and most likely underestimated. (N / A = Not Available at time of report) -4. zc>>.. z'l SAN DIEGO COUNTY ANTI-GRAFFITI PROGRAM ID. Prevention Activities and Educational Resources According to the National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, youth gangs fulfill social and survival functions for youths in low-income or barrio communities and increasingly in transitional areas with newly settled populations. Causal factors include social disorganization or failures of basic local institutions such as family, schools, and employment as well as poverty and lack of social opportunities. In the Institute's research of successful gang- reduction strategies, it was ,found that community mobilization was the effective primary strategy. . There are numerous diverse programs, that can and are being implemented in our communities to help reduce the prevalence and impact of gang activity. It is up to each community to decide which strategies best fit the unique characteristics and resources of the community. ^ ... Most communities currently provide educational programs primarily focusing on gangs and drug use. Because graffiti is the visual, blight associated with both of these complex issues it appears that the most expedient method to begin a successful Anti-Graffiti Education Campaign would be to "coattail" with these existing programs. By incorporating and networking these issues, target education could begin immediately and without the introduction of yet another program. A request to incorporate these programs should be made with those facilitating the programs. The folloV'ling is a list of the most logical existing programs to target: o DARE Drug Abuse Resistance Education o Victim Aid Programs o Crossroads Programs o Local Boys and Girls Programs o Neighborhood Watch ;) Business Alert/Merchant Alert o SARB Truancy Programs o Local Drug Abuse Programs ;) Local Student Group/Special Event Programs o Any Other Existing Programs as Provided -5- 2.'5... - :z.S Newsletters, in-service program brochures and any other associated, written literature can also be used as educational tools for both the general public and targeted youth. Graffiti Hotlines (message machines) are highly effective and provide a 24-hour vehicle to encourage the public the reporting of graffiti locations or tips about vandals. Some cities have also included for the reimbursement of car phone costs for the reporting of graffiti. All of these ideas can be made to work effectively. Graffiti Prevention Through Environmental Design Prevention in local planning is a vital necessity in order to reduce the criminal opportunity in tomorrow's residential and commercial areas. The most cost-efficient time to do this is before construction begins. We will have to live with this new construction for 40-50 years, and at best all we can do after it is built amounts to nothing more than patchwork. Crime (graffiti) occurs when a group or individual has the desire, the ability, and the opportunity to commit the crime. Of these three elements, Prevention Through Design offers a way to design out opportunity. Proper planning can and does have an effect on the type and rate of crime and other anti-social behavior. The following paragraphs describe what steps may be taken in an effort to reduce the graffiti opportunity: Architectural Materials. Colors and Textures Smooth, light colored surfaces attract graffiti. By avoiding light color paints, breaking up blank walls with designs or patterns and avoiding soft textured surfaces, an area will appear less attractive for the graffiti vandal. Landscapinl!' \Vhen properly utilized, landscaping is an effective graffiti prevention measure and can also enhance the surrounding environment. The use of clinging vines to cover walls is an excellent deterrent to graffiti. Shrubs, bushes and trees should be used to screen solid walls. Fencinl!' A non-solid fence can be an effective barrier between the vandal and an existing solid surface. When attempting to limit access to an existing building, fences should be constructed not less than four (4) feet from the building and a minimum of six (6) feet high -6- :t '$,.. - 'Z~ -- Unless Engineering considerations dictate otherwise, where physical retention of slopes are required, a Crib Wall could be installed in lieu of solid retaining walls. The face of the Crib Wall can be planted with drought tolerant plant materials suitable for vertical growth application. Lie-htine- Security lighting can be effective in discouraging graffiti. It is important to have lights placed high enough so that they do not become vandalized. The glare of the light should be directed toward the vulnerable surfaces. High efficiency, Low Pressure Sodium Vapor (LPSV) lights seem to be the most effective as a graffiti deterrent. LPSV lights have been known to deter loitering, most people find this type of light unflattering. LPSV's tend to distort all colors except yellow. Reds look brown and flesh tones appear grey. Eliminatine- Hidden Areas Hidden areas such as blind corners and narrow alleys protect the vandal from public \iew and should be avoided when possible. Parked automobiles and stacked materials also contribute to the creation of hidden areas. Public Telephone Access Relocating public telephones currently attached or located in close proximity to buildings has proven effective in reducing the loitering which may serve as a cover for graffiti vandalism. Used alone or in combination, these preventative techniques can help to deter graffiti and other associated crimes. A few steps taken early proves cost-effective in the long run. SUM:J\iARY Security solutions should be selective to be effective. Removing the graffiti opportunity after construction requires specific and concentrated design. In all cases however, the cost of security should not outweigh the benefit it can provide. ~ -7- 2,.$0- - 2 7 SAN DIEGO COUNTY ANTI-GRAFFITI PROGRAM IV. Law Enforcement - Juvenile Diversion ." _. ... Most law enforcement agencies have a Juvenile Diversion Program by which they are able to divert first time, non-violent juvenile offenders through the Criminal Justice System. The Probation Department and the Courts also utilize diversion as a means of minimizing overcrowding within the System. Juvenile Diversion is the program of informally "sentencing" the youthful offender. The juvenile offender is offered a series of tasks to complete in lieu of formal incarceration. These tal?ks usually range from completing the school semester with no further absences to completing Community Service hours. The type and severity of the punishment depends upon the nature of the offense committed. The concept of Juvenile Diversion is two-fold: to help eliminate the overcrowding within the System and to divert the youth offender from a "life of crime." This concept in theory is excellent. However this program can only be effective if the youth and'the "sentence" are tracked within the system. The vehicle to track this program is in place. It is the San Diego Regional Arrest/Juvenile Contact Report (JCR). This form is used by all San Diego County law enforcement agencies when either contacting or an-esting a juvenile. The information contained within this form is then processed through ARJIS, a county-wide records tracking system. On page two of the JCR, (See Attachment B) there is a section addressing the issue of Diversion. If the an-esting or investigative officer elects to divert the youth, it can be marked on this form and later tracked for follow-up purposes. Standardized use of this report is a procedural issue best handled at the local level. Law enforcement agencies, Probation, and the Courts as officers of the law can retrieve this information easily. It is essential for Law Enforcement agencies, Probation and the Courts to demonstrate unity when utilizing Diversion. Coordinated efforts between these three agencies is imperative for any program that may be devised. All too often, Diversion is used for the same offender by these three entities each without the other's knowledge. When this happens the youth recognizes the fallacy in the System and may begin to abuse it. -8. 1.'S~" ').K : Diversion can be expanded to include not only first time offenders, but repeat offenders if their Diversion is reported diligently. Escalated forms of Diversion should be imposed. For example, on the first arrest for graffiti-vandalism, the youth may receive twenty (20) Community Service hours. If the youth completes these hours and is rearrested for the same or similar offense he/she could be Diverted again. This time the penalty might be thirty (30) Community Service hours, ten of which the offender's parent or guardian must complete with their child. It is the recommendation by most law enforcement officials that a youth not be Diverted more than three (3) times by any or in combination with another agency. Arrests of the youth thereafter should be referred directly to the Courts for formal sentencing and incarceration. If a City has a sanctioned Graffiti Removal Program they may benefit by using Diverted youths. While most offenders are young and often unskilled, many jobs can be performed with little training. Graffiti removal/repainting is an excellent task for offenders. Diverted youths must be closely supervised and this may prove difficult from a supervision position. However the benefits of successful Diversion usually outweigh the drawbacks. Other Community based organizations (Boys and Girls Clubs, Community Service Organizations, YMCA, etc.) are also excellent outlets for Diverted youths. Diversion provides the youth not only an opportunity to avoid formal incarceration, but an opportuni\y to gain skills and see that they can contribute positively within the community. .9- ')..~.. 2. q Attachment A - SAMPLE CITY OF GRAFFITI REMOVAL AUTHORIZATION I (We), the owner (s) of property located at , California, or agents representing the property owner, hereby authorize the City of and its officers, agents, contrac~ors and employees to remove graffiti from said property by repainting, sandblasting, or other appropriate graffiti removal technique. I hereby release and hold harmless the City , i~s officers, agents, contractors, and employees from any and all claims, demands, causes of action or obligations whatsoever arising out of or relating to entry on this property for the purpose of graffiti eradication, including, but no~ limited to, those arising from incidental damage to shrubs, plants, or other vegetation as well as those ~~lated to the appearance of the property as tte result of the g=a:fiti eradication work. I understand that the City will not reoaint or repair any more extensive area than tha~ where ~he craffi~i is located. I further " - u:1derst.and t.hat;eyery ef:ort will be made ':0 rnat.::h existing colors; "'~w"'ve~ a~ e"a"'t" ~a~c" ~'g"'t. -~- '-e ~-~'"'c'e'"' T -lso "-'"''''-s~=,-,", ........... _, .. .!'. '"" "t.u ~.... ..~_ ... .;.~...._ -' ::"_...."'~ ..... _ ~ ...............- ...-...... t.hat i~ 1 want to be assured tha~ I will be sat.isified with the color of paint. bei~g used, I ca~ furnish the pai~t with the color I desire. ?~EAS~ C~~CK 7~~ ~~?RC=~:A:E RE5?C~SE: I will be able to supply paint or other removal equipment. Contact me to finalize arrangements. I will not be able ~o supply paint or other removal equipment. a~c u~de=s~a~d t~a~ pa~n~ ~sed by ~~e Ci~y ~ight ~c~ rna~c~ the ex~s~ing cclcr. I agree to remove the graffit.i myself and will do so on or before the date listed below. I would be interest.ed in learning about graffiti prevention. F.E?:':.;:~~ G?",,;FFITI R2!v:::'":'/.;:" ~.t::':i::?,:Z;'_TIC:~ (Q?':'IC!~.::.:'): I fur~her a~~hor~ze the C~~y of and its agents, co~~ractors a~d e~ployees ~: =e~c~e g=~::~~i fron ~~e p=ope=ty refe=e~~~= abcv~ as and ~~en i~ ~~~h~ rea~pear. ~~de=sta~d ~~a~ ~~~s a~~~:=~za~ic~. =a~ t€ =es=~ndei by ~e __ a~Y,time .upon wr:~~en nctice of .s~ch re~ess:on.bei~g cellverea ~o tne C~~y at ~~e acc=ess re:e=e~=ec ~e_=w. ~"'_ .;C LA: CIODAD DE CARTA DE AOTORIZACION PARA REMOVER PINTORA DE ~ALOS (GRAFFITI) Yo, (Nombre) El dueno de la propiedad.localizada en , de la Ciudad de , California, 0 agente representante, autorizo a la Ciudad de San Marcos y a sus oficiales, agentes, contratistas 0 empleados para remover pintura de muros y paredas de mi propiedad ya sea por medio de pintura, lijar con arena a alta presion 0 algun otro medio a tecnica para la limpieza de pintura en muros y paredes. Por 10 tanto yo descargo de cualquier responsabilidad a la Ciudad de , a sus oficiales, agentes, contratistas, 0 empleados de cualquier reclamo, demanda 0 causa de accion legal u obligacion que pudiera presentarse como resultado de la entrada a su propiedad, con el. proposito de erradicar pintura e:l muros y paredes, incJ..uyendo, pero sin limite.::- unicame::te a aq~ellos q-..;e pudiera~ sucederce ce danos a pla~tas, ~ator=a:es 0 c~alquier o~~a . vegetacion asi como aquellos canos relacionaccs con la aparie:leia de Ia propiedad Y C!"Je pudie=an resul tar de la erradicacion c.e pin~ura en mu=os y paredes. Tenco entendido cue la Ciudad no pintara 0 hara reparaciones a ~na superfitie mayor del area danada por pintura de vanda:es (GRAFFITI). Tambien entiendo cue el costo de la erradicacion de pintura sera a cargo de la Ci;dad de Y se hara un esfuerzo para igualar colores existentes; aun asi una igualaeicn pooria no ser posible. Por 10 cc~sig~~en~e e~~iendo ~~e si q~~e=o asegurar estar satisfecho con el coler de la pim:ura usada, '::'0 pOdria proveer la pintura con el color deseado. POR =AVCR ~~38UE LA ~?UESTA F~RO?!;~A. Yo prcveere la pi~tu=a y eq~~p: ~a=a =e~~ve= ~~~~u=a (GRAFFITI) . Yo no proveere la pintura ni otro equipo para remover la pintura y entiendo que :a pintura proveida por la Ciudad pedria no iguala= e1 c::cr ex~s~ente. Yo mismo conve~go en re~~ver 1a p~ntu=a ~ 10 hare en 0 a~~es de la fecha escrito abajo. ~e interesaria saber de p=eve~:~cn de ;~~~u~a. ~>>... .31 .. l: o L "' a: o ".UU.:S~ IIt~PO"T I I WWAN""'NT D .tUV&Hn.~CONTACT Cl Cl T LOCAL au .I"....E.T DATE o NOTIP"Y ."'''tANT I I I CHA"GEtS) SAN DIEGO REGIONAL ARREST/JUVENILE CONTACT REPORT ':-.. - '- a. \".. .l.l .&.U t:: .1 J. '- .D 1"C.ENCY riME rAT(fJASTRlCT ....JIS ...- j"Aeo. L!J~ ".s.aTkD' 1 OF "ELATED IItEPOlltTS IT......E. HUMaE", I AG~NC" HUM.E" SDSO '00"'''''(0. NU.....ltft CITATION NUM.C." ADDN'L. C"GS Cl I 0" 0 ......c .,C! e20: ADULT "EL.E,.SES "1:"50N .'''tESTED IL.F,MJ NICKNAME IlACl ,.1l.ACtt - C. CMlflIE,[ . "llI"'''O ..........ANIC ,oIMItroIt)l..fIi JO,IA_."'fSf o. O"fMl'" OIUt:H'~ ". ""e"le ~ANOf. """""''''ITE ........NOWNIIAeo. AU OT..p ISEX !D.O... I ! / / ,..0... lMT. rT. ;1 II ... ~ .UI&..D IHAU'IEVltS IALIAS/MAIDEN NAME tLop'.M) jA""ESTlLl.'lo A..n:JlltltSS I MILIT"""'jOCCUP"'TION/IIt"TE I'EM""OYE"'SC"OOL AODIltE,S ~ YES 0 I .. ~ EMERGENCY CONTACT/NEXT 01'" KIN (L,",MI I.DolltESS C IS SUaJECT A SUSPECTED YES IINTE......ETE.. YES USER 0" NARCOTICS/DRUGS' D I REQUIRED' CI LOCATION 01" ARREST CITV ~IT" CITV I HOMI: ~"'ONI: I ! rUS. PHONE -l"OME .....ONE ACQUAINTANCE STRANCER CITY UNDOCUMENTED YES IIUS"ECT', RELATIVE "I:It.ON' 0 I :~~~~C:':II): Cl ...OCATION OF' O"'''I:NSE CITV ~ 10,. II"E'" I. 107 / Cl 1;Oll"II"E"'IE ITIME CITIZEN.j'A....ESTINC Ol"I"ICI:.. A""EST' YES 0 HAVING IN MIND AND UNDEfltSTANDING. il.O IAD""DNISHED .V DO YOU UNDEltSTAND E"'CH 01" THESE "IGHTS TIotAT I fol",VE EX..L....INECI TO YOU' I :~~~~0G;~~L~':d ~~';;.~~;..c:TV~O~S' STATEMENT VEl = I HAIR i HAIR STVLE FACIAL HAIR I I~ICR'V.R" L'C'''' NC ST ATE LENGTHITVPE I COMPLEXION SPE ECH I VOICE I.AL.CI I AFRO/NAT. I CLEAN SHAVE 1 ACNE I ACCENT 1 DISGUIIED ---- 2 COLLAR I 2."AIDlED 2 P"ULL .EARD 2 DARK 2 LIS"S 2 HIGH "ITCfol IIol.I:SOCIAL SECURITV NC. e:: J LONG J .USMV J FU MANCHU J "RECKLED , MUM.LES I J LOUD ,:;. II NECK i II GoREASV ,. GOATEE ,. LIGHT ,. O~"ENSIVE i ,. LOW "ITCH ,~' r $ SMORT 5 MILITAI'rV S I-OWER 1-1" 5 MEDIUM I 5 CUIET i 5 MEDIUM 121".' NO, 6 SIoIOUI-DER 16..0NVTAIL 'MUSTACHE 6 "AL.E , RAPID , MONOTONE t COAI'rSE 7 "ROCESSED 7 HONE/"UZZ 7 "OCKEO , SL.O,^' , NASAL. I~ 2 "'NE . STRAICMT . SIDE.URNS . "UDCV . STUTTERS . "L.CAIANT l~iC" HC. JTIoIICK I' WAVV/CURL.Y I 'UNSHAVEN . SALLOW , TALKATIVE j . "AS"V 2 ,. TMINNIHc:i IOWIG IOVANCVKE 10 TANNED 100TfollER: 10 SO"T !I, e 5 WIRV 1110THE..: I" OTMI:", 110THE..: 1110THE": I'" . - , ;:IOT"E" I.C. "-V"E ~I . OTHER: I 01 ~ I' FUlltTHER SUS"ECT DESCRI..TION II: .. CL.OTHING CE5CRI~TION , C: ~I ~I 0 o 12, I=: ,DO 0 iDDD ODD DDD=i II.E.. GLASSES. TATTOOS. TEETH, al"THMA"KS. JEWEL.lltY, SCA"I. MANNE'USMS, ETC.) UNDOCU~ENTEC "EIltSON v.. 'SUSPECT ''VEAR !VEHICL.E:! !ADDITIONA~ VEHICLE IDENTI"IERS MAKE MODEL. COL.OR!CO~OR aoo"l' TV"E L.ICENSE ;i;c-~- STATE (CMROME. DAMAGE, ETC.} VIN NUMaER DIS~OSITION OF VEHICL.E i IIItEGISTE"ED OWNE.. I......."" IADC..ESS I , , 101S..051TION OF CITV ..... ""O"ERTV TAG NOS. :> ... II: .1 ....I<ME II_.F,M, Z C i i.2 NAME fL.."'.MI g' EVIOE....CE ADORESf> CrT 'V ....ONE I ADDRESS CITV .....ONE , RACE ;SEX .AGE: .0.0 .. ---ARRICSTEO- I I i VES ~ i .....-/0.. i / / ic...___ "...... RACE (SEX :AGE 10.0... A..(lltu:.ECI I I , I / / ! VES....J YES = C1TV ~OME: ""'O"'L I _ VW;NAME t....F.MI - ---..-: ~ :""l~1 BUS ADDRESS > :REf>. ADDRESS C'T'V aus. ~,",DNE l'itAC.-E I RE"OJil'r A-~"ROVED :SVCID~O:.. , , , -~._._, I ADDN'L.. VES 1 ~_tC_.~I~~? ~.OOKI"-G AP''''''ovCb R.E:"ORTIN~ OFFICER i I ':"~,JIS. e IF\~. 286) 11.0 I i C,. "'ON r'.~'T OAT< IT'''' I"C' ),~ - .3z.. ..... 2 o. IAG.Ney MUM."" A""."J.TII~"AT"l&IIt.. HAMft 11.,........1 "'-DDlln.S. CITY HOME POMONa .US. P'MONa. ..OT....Jt/.T.~MOT".".. HAMIt IL.',M) ADD "E.. CITY HOM. ~"ON. eua. rMO". >- aCMOOL G".OlE I "A"ENTS NOT......D .VI WHOM AND HOW lDAT~ TIMII .. I 5 .. ~I-Y.. WIT" rtEL-at.. ~AT. T.... .. i .. GJ."UV&NILlE ~.OTME" > ~ P'&LO 0'.",: HALL. "~LIC. ;"'i":.OTHIt": AGENC"'I __c., ........ .._.1_"'.....,. ...__1.....'_ An.Y-Un 0" .IUV_NILIE AND "."IINTS/GUARDIAN DET. OIS"O : , . ".11'11" COU"T ....0. 1"i'I. oT I ION ~. N . " r.""'. [jJ ..!.. OlE .0 Vllln ~ cou SEL./tN 0 MAL. _ OTH&" AOOITIONAL.CHAJtGI!S: "A""ATIVE, . .. > ;: c a: a: C Z CONT'NUED 0 I h~e .rrested o o o For. pUblic offense committed or attempted in my presence. W~n the person ,mittel has committed I felonv. .Ithough not in mV pre.net. When. felonv h. been in fact comrnintd. Ind I h.ve ,enon.blt cause for believing the person .rrested to have committ.d it. I know th.t pursu.nt to Section 849 of the Pen.! Code of the St.te of c.riforni., it is MCelSlry for me to sign. comDl,int 'tlting the ch.rge aglinlt the prisoner, which complaint must be made before a magistrate, and I .gree to sign said complaint .nd ,pP'.,r in SI.d matter without oelay. .. .. ... 0: a: < Z ... '" ;: u o.t.: Signecl: ....C.TING CITIZEN IL.,",MI P"IHT "CI. ADD"C.. C.ITY MOMIr: PMONIl UI. ADDRess CITY I-US. PHONE l"Ace I .. .. ::> c c Check ''':1'1 ....son for not rel.lSinlil the lubject with, written notice to ,pQ..r. o ,. Th. p.rson .r....ttd WIll 10 intoxiClted thlt hi could h.w been . dlnger to him.lf or to oth.rs. o 2. Th. pe~on 'rrahld l'9Quired medical exemin.tion or medietl c.r. or wes otherwise un,bI. to c.rt for his own safety. o 3. The person w.s ,rl'9,ted for one or mol'll of the offenses lined in section 40302 of the vehicle code. Dc. o s. 06. 07. 08. o 9. Any other l'II_on: IADULTSCNLYI >- ... Z c Q .. i Th.r. we,. one or rnoreoutJtandinlil ~r,.nUi for the penon. Th. per~n could not provide .tisfectorv evidence of person.1 identification. Th. prc.ecution of th, offen.fl) for which the person ~ .rrtn.d or the prosICloItion of .,y other off.n.b) WOloIld be j.operdized by immedi- It. reI... of penon .rrested. Ther. ...... . ,...on.ble likelihood tl'wt the oH.n.(sl would continue or resume, or th.t the "i.ty of persons or property would be immiMntty 1n00ngertd by relet.. of th. person arrested. Th. PInon IM'Mted demlndtd to be U1k.n before I magiltrlt. or rwtuMd to liQn the notice to IOpe.r. ~S..... - 3.3