HomeMy WebLinkAboutAgenda Packet 1997/04/08
"I declare ",nder penalty of perjury that I am
employed by the City of Chula Vista in tile
Office of the City Clerlt and that I µoated
this Agenda/Notice on the Bulietin ß"ard at
Tuesday, April 8, 1997 the Public ~r~es Buildin¡:: and at City Hall on .
6:00 p.m. DATED. 'Ý ~ 7 SIGNED 6:1' a Æ" . CouncIl Chambers
';:¿!!!? . Pubhc Services Bulldmg
REVISED
Re~ular Meetin~ of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot _. Padilla _' Rindone _. Salas _. and
Mayor Horton _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 25. 1997 (Regular Meeting), March 27, 1997 (Special
Meeting/Worksession), and March 27, 1997 (Special Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. OATH OF OFFICE: Patricia Aguilar - Planning Commission.
b. Proclaiming the week of April 6 through April 12, 1997 as "Boys and Girls Club Week."
The proclamation will be presented by Mayor Horton to Scott Mosher.
c. Proclaiming the week of April 13 through April 19, 1997 as "Telecommunications Week."
The Proclamation will be presented by Mayor Horton to Sandra Bookman, Lead Communications
Operator, accepting on behalf of the Chula Vista Police and Fire Dispatchers.
d. Presentation of the award to the Border Environmental Commerce Alliance (BECA) from the
Economic Development Administration, U.S. Department of Commerce, recognizing successful
public/private partnerships to grow environmental technologies.
CONSENT CALENDAR
(Items 5 through /0)
The staff recommendations regarding the following items listed under the Consent Calentlnr will be enacted by
the Council by one motion without discussion unless a Couni:ilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calentlnr will be discussed after Board and Commission Recommentlntions and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Council did not meet in Closed Session
on 3/25/97. It is recommended that the letter be received and filed.
b. Letter from Thomas F. Larwin, General Manager, Metropolitan Transit Development Board'
(MTDB), requesting a resolution that would support: (1) Federal funding of the MTDB light
rail transit program; and (2) a Federally guaranteed loan to their private freight short-haul
operator for reopening of the San Diego and Arizona Eastern railroad to the east. Although
this item is not covered in the City's adopted legislative program. the Legislative Conunittee
concurs with staffs analysis and it is therefore recommt:mded that the City support MTDB's
proposals.
Agenda -2- April 8, 1997
6, ORDINANCE 2706 REPEALING SECTION 15,36,160 OF THE MUNICIPAL CODE
RELATING TO SPILL CONTROL AND SPILL CONTAINMENT OF
FLAMMABLE/COMBUSTIBLE LIQUIDS (second readin2 and adontion) -
During the 1991 Uniform Fire Code adoption process, Article 79 of the Fire
Code was amended locally to include safeguards for flammable liquid overspill
and containment. The 1994 Uniform Fire Code contains a change to Article 79
which now provides for better safeguards to prevent storage tank overfill
situations, and provides for appropriately sized spill-containment devices. As
this level of protection in the Fire Code is now greater than that which is
contained in the Municipal Code, the Municipal Code amendment to Article 79
is no longer necessary. Crown Chemical Corporation has submitted a written
request for immediate relief from the ChuIa Vista requirement for overspill
protection device capacities which exceed the capacity required in the Unifonn
Fire Code, Staff recommends Council place the ordinance on second reading
and adoption, (Fire Chie!)
7, RESOLUTION 18618 AUTHORIZING TEMPORARY STREET CLOSURES ON APRIL 26, 1997
FOR AN ORGANIZED BAND REVIEW SPONSORED BY THE CHULA
VISTA HIGH SCHOOL ASSOCIATED STUDENT BODY - The Chula Vista
High School Associated Student Body is requesting permission to conduct an
organized band review on 4/26/97 and are requesting temporary street closures
along Fourth Avenue beginning at "1" Street and ending at "L" Street. The 400
block of "I" and "K" Streets would also be affected, The only residents not
having free access to leave their homes would be those that live on James Court.
Staff recommends approval of the resolution. (Chief of Police and Director of
Public Works)
8, RESOLUTION 18619 APPROVING AGREEMENT WITH EASTLAKE DEVELOPMENT
COMPANY FOR THE MAINTENANCE OF TELEGRAPH CANYON
CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT - EastLake Development Company (EDC) entered into a
Development Agreement with the City in 1988 regarding construction of
Telegraph Canyon Road and the adjacent channel, The agreement included
provisions to fund the maintenance of the improved "naturalized" channel. EDC
requests that the City consider and approve a revised agreement reflecting
current conditions and amending the security requirements. Staff recommends
approval of the resolution. (Director of Public Works)
9, RESOLUTION 18620 APPROVING A HAZARD ELIMINATION SAFETY (H,KS,) PROGRAM
SUPPLEMENT WITH CALTRANS FOR FEDERAL-AID FUNDING FOR
TRAFFIC SIGNAL IMPROVEMENTS AT THREE LOCATIONS
(PROJECT NUMBER STPLHG-5203 (003 AND 004) AND CITY CIP
NUMBER TF227) - Since 1978, the City has had a master agreement with the
State of California Department of Transportation (Caltrans) governing the
conduct of certain transportation related Federal-Aid programs. Individual
projects are added to this master agreement by a Program Supplement which
specifies the location and type of project, the amount of Federal funds available,
the phases of work authorized for Federal funding, and the special covenants
required as to condition for payment of Federal funds. Staff recommends
approval of the resolution, (Director of Public Works)
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Agenda -3- April 8, 1997
10, RESOLUTION 18621 ENTERING INTO AN INDEMNIFICATION AGREEMENT WITH THE
SAN DIEGO UNIFIED PORT DISTRICT - The City will be conducting
Chula Vista EXPO '97 on Saturday, 4/12/97 at Marina View Park, As the
event is being conducted on Port District property, the City is required to
complete the District's standard Tidelands Activity Permit, which includes
indemnification language. Staff recommends approval of the resolution.
(Director of Parks, Recreation, and Open Space)
10,1 RESOLUTION 18623 APPROVING EXTENSION OF ESCROW ON MCA AMPHITHEATER
LEASE UNTIL AUGUST 31, 1997 - Universal Concerts, Inc" developer of
the MCA Amphitheater, have asked the City to extend the escrow on the
amphitheater lease until 8/31197, Delays caused by litigation, financial and
corporate analysis have led to this request for a short extension. Staff is
confident that the amphitheater project will proceed and be open for the fall
1998 season. Staff recommends approval of the resolution, (Director of
Community Development)
ADJOURNMENT TO REGULAR AND lOR JOINT MEETING OF THE REDEVELOPMENT AGENCY
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion, (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting, Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law, If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting,
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees,
None submitted,
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Agenda -4- April 8, 1997
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public, The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative, Those who wish to speak, please
jiIl out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting,
IL REPORT SUPPLEMENTAL TO MARCH 25,1997 BECA AGENDA STATEMENT
REGARDING PROPOSED AMENDED CONTRACT WITH
SOUTHWESTERN COLLEGE
RESOLUTION 18616 APPROVING AMENDED AND REST A TED AGREEMENT WITH
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR
CONSULTING SERVICES TO BORDER ENVIRONMENTAL
COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS - This
agreement changes the Southwestern contract by: (1) reducing the scope of the
contract to focus on incubator tenant assistance exclusively; (2) dissolving the
Border Environmental Technology Research Center (BETRC) program
component and eliminating the BETRC Manager, Cross Border Marketing
Specialist. Project Clerk, and Environmental Management Specialist positions;
and (3) amending the Southwestern budget to $165,000 for the remainder of the
contract, 4/30/97 through 4/30/98. Staff recommends approval of the
resolution. (Director of Community Development) Continued from the
meeting of 3/25/97,
12, REPORT PLAYGROUND RENOVATION PROJECT - EL RANCHO DEL REY
PARK - The Parks, Recreation, and Open Space Department has been meeting
with a resident who is interested in collaborating with the City to raise funds for
renovating the playground at EI Rancho del Rey Park on Buena Vista Avenue
by purchasing new equipment to replace deteriorating equipment. Staff
recommends approval of the resolution. (Director of Parks, Recreation, and
Open Space)
RESOLUTION 18622 SUPPORTING THE COMMUNITY PARTNERSHIP TO RENOVATE EL
RANCHO DEL REY PARK'S PLAYGROUND
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers,
OTHER BUSINESS
13. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings,
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Agenda -5- April 8, 1997
14. MAYOR'S REPORT IS)
a. Discussion of animal shelter issues._
15. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a special meeting/worksession on Thursday, April 10,
1997 at 5:30 p.m. in the Council Conference Room, Administration Building, thence to the regular City Council
meeting on April 15. 1997 at 6:00 p.m. in the City Council Chambers.
A special meeting of the Redevelopment Agency will be held iIrunediately following the City Council meeting.
". declare wnder penalty of perjury that . am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, April 8, 1997 the Public er ices Building "'&t City: Hall on Council Chambers
6:00 p,m, DATED·
(immediately following the City Council ~ , SIGNED :(~ -"Public Services Building
e ng)
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effeclive April 1, 1994, there have been new amendments to the Brown Act, Unless the City Attorney, the City
Manager or the City Council states otherwise at this lime, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City, The Council is
required by ÚlW to return to open session, issue any reports of final action taken in closed session, and the votes
taken, However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports affinal action taken,
and adjournment will not be videotaped, Nevertheless, the report of final action taken will be recorded in the
minutes which will be avaiÚlble in the City Clerk's Office,
L CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956,9
. Divinagracia v. City of Chula Vista,
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Govermnent Code Section
54957 - City Clerk,
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957,6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF),
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2, REPORT OF ACTIONS TAKEN IN CLOSED SESSION
.._-_._----_._,_.,~
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April 3, 1997
TO: The Honorable Mayor and City Council
FROM: 'olm D. Go~. Ci~ -,g~
SUBJECT:
City Council Meeting of Apnl 8, 1997
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, April 8, 1997. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that the City Council did not meet in
Closed Session March 25, 1997.
IT IS RECOMMENDED THAT THIS LEITER BE RECEIVED AND FILED.
5b. This is a letter from Thomas F. Larwin, General Manager, Metropolitan Transit
Development Board (MTDB) requesting a resolution that would support: (1) Federal
funding of the MTDB light rail transit program; and (2) a Federally guaranteed loan to
their private freight short-haul operator for reopening of the San Diego and Arizona
Eastern railroad to the east. As indicated in the request, implementation of the Mission
Valley East and Mid Coast Corridor light rail projects depend on federal funding. The
two new start projects total an estimated $409 million, and MTDB is seeking the
maximum federal share (79%) for these projects.
The SD&AE project would reopen the desert line portion of the railway. SANDAG
studies recommend that private investment be used to reopen the line and that the short-
line operator (Rail Tex) should be given the opportunity to obtain a low-interest,
federally guaranteed loan for improvements to the line. The San Diego Congressional
delegation would be asked to support an appropriation for the FRA Section 511 loan
program for the purpose of providing such a loan.
While these two projects have no direct impact on the City of Chula Vista, they offer the
potential to increase regional public transportation mobility for Chula Vistans, and also
to enhance the San Diego area economy.
Federal funding for these projects would also lessen the need to use local funds for these
very expensive extensions. Staff has been informed that these funds would not compete
with formula-derived ISTEA categories but would instead compete with other large rail
projects such as those in Los Angeles and Denver.
Although this item is not covered in the City's adopted legislative program, the
Legislative Committee concurs with staffs analysis and IT IS THEREFORE RECOM-
MENDED THAT THE CITY SUPPORT MTDB'S PROPOSALS.
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CllY OF
CHUIA VISTA
OFFICE OF THE CITY A TIORNEY
Date: April 2, 1997
To: The Honorable Hayor and Ci~
From: John M. Kaheny, City Attor
Re: Report Regarding Actions Taken in Closed session
for the Meeting of 3/25/97
The city Attorney hereby reports that the city Council did not meet
in Closed Session on March 25, 1997.
JMK: 19k
C:\lt\clossess.no
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276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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MTDB EXEC OFFICE ID:619-234-3172 MAR 20'97 15:46 No.006 P,02
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On Februsry 27, 1997, the:MTD Board of Directors unanimously approved'a fedlralllgl,lative
program for 1991. . Sèmènt'ã öf ·,thls program have a dlreot benefit to our region, end to re,ldent,
of your jurlsdlotlon,
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In portlculor, our Board ti,;' roapectfullY reque9ted your councll'lI approve' of a resolution that
would support: (11 federal funding of the MTDB lígh! rail transit (LRT) progrem. and (2) II federally I'
guaranteed loan to~.~~ prl.v~t~ .fr,elght short-haul operator for roopenlng of the 811n Diego &. ~
Arizona Entern (SO&.AE) ro lroaa to the east. A model resolution Is IItteched for 'your '
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consideration sndus!, '" ."
A summary .of the twÒ prq~rllm components 19 containod In the following paragraphs,
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San Dlaao Metroøolltsn LflT.rr9I1csm, In 1993, the MTD Board of Dlr.II01:0re ad~~ted II fundIng r
8trstellY for 1he L!'IT·.~n8V'!!ct\(¡,n program which provided for the 1,1$8 of nonf,ileral fund' for .
certain nesr-term project. (I,~;. thll Santell, Old Town, IInd Mlsalon Valley Wilt extenslona}, while .
federalizing the MIssl.o.n V."~,Y ¡¡ut IIntl Mld-COMt Corridor prcjeots, . Wlt,~ the MIssion Valley .
Wilt I.RT Ex~enalon"earl,"119c!"""plet¡on, and tile Mlsl>lon VelhJY esst. andM.ld-Coast planning :
essentlslly complete, andthe,lmpendlng re8utllorlz:atlon of I~TEA. 1997 I, a key yaar for us to .
seek support from o~r conllréaølonal representatives for federal funding of these projects, I:
The LRT projects còmpleted ór,uhder construction (through completion of. the Mission Valley WØ$t ~
LRT Extenslon l1av, ciost..#'p'ro~lri'lateIY $613 million, Of this emount, ~he fedaral share totaled [
only 6.5 percent, The proposed1egl91etlve program would seek II near-mllxlmum federal sharll C
(70 porcont) for the two miw 81art prOjectw: the MI""lon VAllny East Corridor I"rO)ect and the Mid·
Coast Phose 1 to Balboa LAT Extonalon Project, TI'""" two P'Qj"nt8 total $409 millin,,; thus. tft"
totlll 8an DlegoLRT ptOgral\1.sJnoe the 1981 Initial start would t01al .1.222 billion, Overall. on
an aggregate blî~l8; 'qur're:~üttlt 'for federal funding would result In II matching rittlo of onlY I,
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HTDB EXEC OFFICE ID:619-234-3172 MAR 20'97 15:47 No.005 P.03
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¡he San Diego COnQ¡'esiionàr*'I~gatlon would be asked to support auttiò/'~cin I·a~guag. whlQh
would oredlt MTDB'8multl.Y~~~~ro"ram «nd $Ignlfl~antlooal oontrlbutlonHoLRT proJecte··
complet.~ end. In progr~$$! IIl)d, Y,yhloh would reoognlze MTOB', exço~tlon,.1 perf(!rmance with
regard to lRT deve/opm8n~.~~ operations to date. '.'
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SO&A6 ReoQJlr1na. $~UdJ !';I?/,';.p,.re.d under the ausploos of the San DIe o ~aoolatJon of
Gov.rnment. (SANCAQ)hav..hown thet reopening of the Desert Line portion òf the
SD&AE Rollwav woÌlldbevol¡:'oblÍl to the local economy and feasible ilia II publlc/prfvate I
partnership. The SAI'¡DACrs:t!Jdllla recommend that prlvot$ Investments be used to reopen the
line; and thet the ilhol1·lIneoPét.ator (In thll/ eua. RoilTex) should beQlven the oPPortUnitY to
obtain. low-lnteté8f,'fedé"aIlV"giJllrantccd loan for Improvements to the line. The Congresslonlll
Delegation would be e.ked tøsypport an appropriatIon for the FRA section 1$11lolln program for
the purpoae of provIdIng eUch·afoan.
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We appreolate yOl,lf cöuncll's COnsideration of a supportlvo resolutIon, I have eiso Included
odditionallnformatlon on botf'(components In the 811acheo "1997 Federal Transit Agenda." ~
Plaase let me know If you ht\Ve'e!'Y further quostions on olthor program,ÖnC<J you hI''''' th..
matter scheduled for actlon,:p/!laae let me know In order that i or someone from my staff oon be
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on hand to r8$pom tq..ny:.q~8"9n. that mey arise,' .
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MTDB EXEC OFFICE ID:619-234-3172 MAR 20'97 15:48 No,006 P,04
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RESOLUTION NO. 97-XX
Aesolutlon SUDDOrtlliathe 'S8(1 Diego Metropolitan Transit DeveloOmerit8oarø', Reaueet
for AU1hOrlJetlonUnder the Interrnodal Surface Tr8nsqortatlon Efflcllincv Aot
, 1":' ' ".~
WHeREAS~ ISTèA (the federal Intermodel Surfece Transportation Efflclenov Act of
1991) must be reauthorlieèl'irì 1997 to provide for BPproprlatlons to federal tran.it and other
surface transportation programs. after September 30. 1997; and .,
WHEREAS; the re,uthorlzstlon of ISTEA will provide for funding of specIfic proJectll
. ....' I .
to be funded Over the dur.itlÒ/1 of tho authorization period: and ."
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WHEREAS, the Métropolltan Transit Dovelopment Board (MTDB) h" requeatøcl
speolflc authorlzétlónl fol'Fódòràl Transit Administration CPT AI funding .of th" siiri DIego RlIglon
Light Rail Trenslt (I;ATj Progr l'¡n; Including the Mission Valley Eut and Mld-Coaiit Corridor
proJe~8, end FederefRallrdad 'AdmlnlS1;ratlon (FRA) Sactlon 611 Loan for the reopening of the
San Diego and, Arh¡:onoi!a.t'rn .(.GD&AE) Railway; and . " , . .
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WHERËÁS;MtPBhU developed an $613 million LRT eyst,m In plaoe or under
oOlÌstruotlon wIth II nïlnliriùní (9',8 percent) federal fundh1g, oontrlbU1ingslgnlfleent lJtete end local
funds for the 91,5 percent balance; And
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WHEAEAS,"thi $,n Diego Trolley LRT system has continued to out perform other
LRT operations wIth e'farebøx recovery ratiO historically exceeding 6t5 percent; end
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WHER,EASi,th' MI,.lon Volloy East and Mid-Coast Corridor proJecta would provide
mobility to travel/iÏlli'Ket8 'thjjt'rêly upon public transit, offer Ð high cBpioÎtv trerillportatlon
altermnlve In'two or1ilöollyH'iípoCited corridors, and provldl\ air qualitY benefit. t~ resIdents In the I
San Diego region; ~\I. . ". '" ¡
WHÈAeAS¡'~9 $CI~Ae Railway project would be valuabl.,o theloòal eoonomy In II'
:~~t of Increased Intern'~lon~ ~~d' r'sulting from tho North American Frea'Trada Act (NAFTA)¡ ;
WHEREAS. THE$O&AE Railway prolect would be a slgnlfloant benefIt to the Port
Dlstrlot end ehIPP8ra'¡"I~::lt~ fllollltllls: and . ¡
WHEREA!;, thota" Diogo LRT ProgrAm nnd th", gn&AF. Renwey project or. r
Important to tho quality of III, God fUlure vil~lily 01 tll~ SUlI DI~IIO ,~IOI1; NOW THEREFORE
ElE r'R~Ô~VŒQ, that.the (CITY OR COUNTY) hereby expré.sos Its full support for
Inoh,l,lon of funding for the San Ole¡;¡o Raglon LRT Program IInd the SlInOI,go IInd Arl~ona
Eastern Railway prO~~bt In thfJ1 ~97 federal surfsoe transportation aU1hòrlzBtionlegl$latlon,
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PASSED MID ADOPTED, by the (CITY OR COUNTY) thle. day of
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f ORDINANCE NO. 7 ð ~ <jJ«'
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7 'r~
AN ORDINANCE OF THE CITY OF C~ VISTA REPEALING
SECTION 15.36.160 OF THE ~ STA MUNICIPAL CODE
RELATING TO SPILL CONTROL SPILL CONTAINMENT OF
FLAMMABLE/COMBUSTIBLE LI DS
'"$"v
WHEREAS, during the 1991 Uniform Fire Code adoption
process, Article 79 of the Fire Code was amended locally to include
safeguards for flammable liquid overspill and containment; and
WHEREAS, the 1994 Uniform Fire Code contains a change to
Article 79 which now provides for better safeguards to prevent
storage tank overfill situations, and provides for appropriately
sixed spill-containment devices; and
WHEREAS, as this level of protection in the Fire Code is
now greater than that which is contained in the Municipal Code, the
Municipal Code amendment to Article 79 is no longer necessary and
staff recommends its repeal.
The city Council of the City of Chula vista does hereby
ordain as follows:
SECTION I: That section 15.36.160 of the Chula Vista
Municipal Code is hereby repealed:
15.31.110 Pl---a~18 aBI ÐeJè1!stible l.iff1li4s spill geBt~el,
DraiBag. ÐeBtrel aB4 SeeeB4aJ!'Y gea'taiaa8Bt Beetiea
7981.8.2 Spill .e.trlll is "8B4e4.
~tiele 79 FlammaBle and Cemèüstislc ~i~iàs £eetiea 79Ð1.8.2
(Spill Centrel, IJraiRafjJe Gefttrel and .E:ees:aàary CeataißmeR'E) sf
1œtiele 79 (Flammasle and Cembuatihle Liquids) af ~fte YFO, as i~
applies in ~he City af CBüla vista, is heresy amcßàeà te iRelüàe a
lazt sÐßtcnee te read as felIevs.
~ 29 galleD .iBiBHm e~&r6pil1 àe~iee is reqtiircå eft all Claaa
I SF II ~ßàergreuBà BE" aBe~e greaßå flammable li~ià ta~t5.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its second reading
and adoption.
Presented by Approved as to form by
James B. Hardiman, Fire Chief ([~~l ~O~v~'#r4
JoH'n . Kaheny, cdíty Atto ne
C:\rl'ap111.con
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COUNCIL AGENDA STATEMENT
ITEM ?
MEETING DATE 4/8/97
ITEM TITLE: Resolution )gt, / ð Authorizing temporary street
closures on April 26, 1997 for an organi zed band
review sponsored by the Chula Vista High School
Associated Student Body
SUBMITTED BY: Chi.f of POliC.V ~
Director of Public wor~
REVIEWED BY: City ManagerJG\ ~ 4 VOTE: YES NOXX)
- -
.~
The Chula Vista High School Associated Student Body is requesting
permission to conduct an organized band review on April 26, 1997.
RECOMMENDATION: That Council approve the temporary street
closure subject to staff conditions.
BOARDS/COMMISSION RECOMMENDATION: None
DISCUSSION:
The Chula Vista High School Associated Student Body (band review
sponsor) is requesting permission to conduct an organized band
review parade on Saturday, April 26, 1997 from 10:00 A.M. to
approximately 1:00 P.M. Chula Vista High School is celebrating its
50 years of service to the Chula Vista community. As part of their
celebration, all local high schools have been invited to
participate in a band review.
The sponsor anticipates that approximately 20 bands consisting of
over 1,000 people will participate in the parade. The parade will
consist of participants on foot and three Grand Marshal vehicles.
The bands will participate in a prepared program of march pieces
that will be demonstrated in the annual May Time Band Review held
in National City. The sponsor will provide teaching staff to
accompany each band and communicate using portable radios with the
band organizers thus constantly monitoring the progress of the
parade.
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PAGE 2, ITEM 7
MEETING DATE 4/8/97
The proposed parade route is south on Fourth Avenue, from III I!
Street to the front of Chula Vista High School at ilL" Street,
Bands would stage on "III Street west of Fourth Avenue at
Brightwood, then walk east on "I" Street to Fourth Avenue and march
south on Fourth Avenue from "I" Street to Chula Vista High School
where the parade would end wi th an hour long celebration in the
school's football stadium,
In order to safely and effectively conduct the event on city
J streets, and to minimize the potential for accidents or injury,
staff is recommending the complete closure of Fourth Avenue, The
Police Department will monitor the progress of the parade, and will
close and subsequently re-open cross streets and intersections as
quickly as possible, A diagram of the proposed parade route is
attached *-<Attachment A), Because the sponsor is allowing late
5 registration for the parade, it is unknown at this time what the
Z actual duration of the street closures will be,
f- In an effort to facilitate coordination of this event, the sponsor
will hand-deliver notices of their intent to request City
permission to conduct the event, Notices will be distributed to
all businesses and residents along the parade route inviting
interested parties to attend the City Council meeting and voice
their opinions if they so desired,
If the event is approved by Council, staff is recommending that the
approval be conditional, subject to the sponsor providing the
following:
1) Provision of evidence of commercial general liability
insurance in the amount of $1 million in the form of a
Certificate of Insurance and Policy Endorsement naming the
City of Chula Vista as additional insured,
2) Execution of a Hold Harmless Agreement
3) Provision of adequate traffic control equipment and devices as
determined by the Police Department and Traffic Engineering
Division, The sponsor would be responsible for renting or
purchasing the equipment and delivering and removing it from
designated locations,
4) Provision of adequate police services as determined by the
Police Department, The sponsor will be responsible for
reimbursing the City for all required police services,
5) Provision, posting and removal of No-Parking Signs along the
parade route,
7-:2-
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PAGE 3, ITEM 7
MEETING DATE 4/8/97
6) provision and removal of adequate portable toilets and trash
receptacles at the parade staging area and at Chula Vista High
School.
7) Submittal in the amount of $1,900 (50% of the projected staff
costs required) five days prior to the event. The remainder
will be billed and payable to the City after the event has
concluded.
FISCAL IMPACT:
All City expenses related to the event, including an estimated
$3,800 in direct costs for Police Department overtime would be
reimbursed to the City by the sponsor.
7-.3
RESOLUTION NO. / g"¿' /g-'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON APRIL 26, 1997 FOR AN ORGANIZED
BAND REVIEW SPONSORED BY THE CHULA VISTA HIGH
SCHOOL ASSOCIATED STUDENT BODY
WHEREAS, the Chula vista High School Associated Student
Body is requesting permission to conduct an organized band review
on April 26, 1997 from 10:00 a.m. to approximately 1:00 p.m.; and
WHEREAS, the proposed parade route is along Fourth
Avenue, beginning at "I" Street and ending at "L" street, south of
Sears, walk east on "I" to Fourth Avenue, south on Fourth Avenue to
the front of Chula vista High School; and
WHEREAS, in order to safely and effectively conduct the
event on city streets, staff is recommending the complete closure
of Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED the City council of the
city of Chula vista does hereby authorize temporary street closures
on April 26, 1997 for an organized band review sponsored by the
Chula vista High School Associated Student Body subject to the
following conditions:
1- provision of evidence of commercial general liability
insurance in the amount of $1 million in the form of a
certificate of Insurance and policy Endorsement naming the
City of Chula vista as additional insured.
2. Execution of a Hold Harmless Agreement.
3. provision of adequate traffic control equipment and devices as
determined by the Police Department and Traffic Engineering
Division. The sponsor would be responsible for renting or
purchasing the equipment and delivering ad removing it from
designated locations.
4. provision of adequate police services as determined by the
Police Department. The sponsor will be responsible for
reimbursing the city for all required police services.
5. provision, posting and removal of No-Parking signs along the
parade route.
1
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6. provision and removal of adequate portable toilets and trash
receptacles at the parade staging area and at Chula vista High
School.
7. Submittal in the amount of $1,900 (50% of the projected staff
costs required) five days prior to the event. The remainder
will be billed and payable to the City after the event has
concluded.
Presented by Approved as to form by
Richard P. Emerson, Chief of Attorney
Police
C:\rs\cvhs.bnd
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COUNCIL AGENDA STATEMENT
Item ?f'
Meeting Date 4/8/97
ITEM TITLE: Resolution / g--~ / ~pproving agreement between City and Eastlake
Development Company for the maintenance of Telegraph Canyon Channel
and authorizing the Mayor to execute said agreement
SUBMITTED BY: Director of Public Works ~
REVIEWED BY, Œy M_~ ~ ~ (41"'" Yoœ' y" _ N..xJ
Eastlake Development Company (EDe) entere nto a development agreement with the City in 1988
regarding construction of Telegraph Canyon Road and the adjacent channel. The agreement
included provisions to fund the maintenance of the improved, "naturalized" channel. EDC requests
that the City consider and approve a revised agreement reflecting current conditions and amending
the security requirements.
RECOMMENDATION: That Council approve the resolution approving an agreement with
Eastlake Development Company and authorize the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
t DISCUSSION, ,. 1988, EDC - pi..œ,illg d=l.pmom ill ".em Chllia %'m~ m p,rt of
that effort, EDC was required to construct Telegraph Canyon Road and improve the adjacent channel
"'(See attached locator map). Rather than build a concrete drainage channel as part of the project, the
~ channel was designed and built as a naturalized channel because of environmental constraints. As
Fool EDC was the only beneficiary of the improvements at that time, EDC entered into an agreement to
o build and maintain the channel until such time as the City could establish open space districts to fund
2: the maintenance.
" The naturalized channel was constructed as a trapezoid channel with dirt sides and bottom. Rock
and concrete drop structures were built every 600 feet or so. The purpose of the drop structures was
to flatten the natural grade of the channel, which would have the effect oflowering the velocity of
the water which in turn would reduce the erosion impacts of the water. The design was a new
concept for the City. It was intended to result in very low maintenance costs once the area was
developed.
However, in 1988, because of the uncertainty of the future maintenance costs being high and the fact
of no guarantee of maintenance districts being established in the future, the developer was required
to enter into a maintenance agreement which used high estimates for maintenance costs.
As part of the 1988 agreement, EDC was required to post $500,000 as security for the ongoing
maintenance of the channel. The security was to be in the fonn of a letter of credit, which after three
<;5-')
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Page 2, Item g
Meeting Date 4/8/97
years, if maintenance districts had not been formed, the interest would be used to maintain the
channel in perpetuity. EDC has never posted the letter of credit. However, EDC has maintained the
channel since its completion in 1992. In addition, financing the maintenance for portions of the
channel covered by the original agreement has been included in open space districts. The amount
collected each year for maintenance of the channel from open space districts is not sufficient to
maintain the entire length of the channel at this time.
Staff has been able to determine based on actual experience over the last several years, that the
annual maintenance costs are considerably less then originally estimated. The uncertainty staff had
in 1988 has left, and staff believes it appropriate to enter into a new agreement with lower
maintenance costs, and thus, lower security amounts..
Because EDC has maintained the channel in question and portions of the channel are in open space
districts and maintenance costs are lower than originally anticipated, staff believes that a new
agreement is appropriate. The new agreement will also include other provisions not previously
included such as a turn over procedure. A bond for $160,000 will be required to cover the
anticipated yearly maintenance cost of$14,600 ifEDC fails to perform. In addition, a cash deposit
of $20,000 will be required. This deposit may be used to either pay the maintenance costs until the
City can collect on the bond in case of Eastlake' s default or will be used to provide enough funds
at the end of the ten year period to pay for any deficit between the amount collected from open space
districts and 1.5 times the estimated annual cost of maintenance. The amount of this fund with
accrued interest is estimated to grow to $35,000 at the end of 10 years.
As indicated above, the proposed agreement contains a turn over procedure. This procedure will
determine when the City will take over maintenance of the channel. Until that occurs, EDC will
maintain the channel with the City reimbursing EDC from funds collected through open space
districts up to the amount of funds available each year, Should the maintenance cost exceed the
amount collected from open space districts, EDC will absorb the difference. The agreement provides
for this to occur for up to 10 years. Thereafter, if adequate funds are not available from open space
district funding, the cash deposit plus accrued interest will be used to cover the difference for as long
as the deposit lasts. It is estimated that this could be up to another 10 years. Should no additional
districts be formed and the maintenance costs exceed the amount collected from the open space
districts, the City would then have to fund the difference. Currently, two projects which are
required to form open space districts prior to approval of their first final map (which is not a master
final map) are being processed currently. They are, Salt Creek Ranch and SPA I of Otay Ranch.
These developments will ultimately contribute approximately 10.5% and 30 % respectively of the
cost of maintenance within the assessed Telegraph Canyon Basin. Once the Otay Ranch SPA I and
Salt Creek Ranch open space districts are formed, adequate funds are anticipated to be available to
provide all of the maintenance for the portion of Telegraph Canyon Channel originally covered by
the 1988 agreement without any City contribution.
Proposition 218 may have an impact on the City's ability to assess for maintenance of open space
in the future. Establishment of new districts should not be impacted as the developers requesting
2f'~
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Page 3, Item 8
Meeting Date 4/8/97
district fonnation will be those who must approve the initial assessments, Under Proposition 218,
however, any assessment can be eliminated through a referendum. In such cases the City may end
up paying at least a portion of the channel maintenance costs, We will be considering other methods
of establishing assessments for future districts.
REVISED AGREEMENT
The major purposes of the new agreement are: I) to update the estimate for maintenance; 2) to
change the type of security required to guarantee funding of long tenn maintenance; 3) to enable
EDC to maintain the channel in an interim period and to be reimbursed from open space district
funds if available; 4) to limit EDC's responsibility for maintenance to 10 years, and 5) provide for
an additional. 10 years of funding if a deficit existed between the amount of open space funding and
the estimated cost for the city to maintain the facility, The major changes are outlined in Table 1:
TABLE 1
Item 1988 Agreement Revised Agreement
Maintenance estimate $ 35,000 $ 14,600
Security for maintenance $500,000 LlC $160,000 bond
Cash security $ 35,000 $ 20,000 plus interest total
estimated to equal $35,000
in 10 years
Maintenance by City EDC
Funds for maintenance EDC/OSD EDC/OSD
Security Tenn Perpetuity 10 years plus up to 10
additional years coverage of
deficit, if any
EDC = Eastlake Development Company LlC=Letter of Credit
OSD = Open Space District
Staff recommends the security amounts, although less than the 1988 agreement, be $20,000 in cash
and $160,000 bond reflecting more accurate cost estimates based upon actual maintenance costs
experienced by EDC, The agreement further provides that the security amounts may be reduced by
the City Engineer if additional Maintenance Districts are fonned providing additional funds or if silt
removal is not needed, The requirement for a bond is limited to 10 years, This is the period of time
estimated for build out of the Telegraph Canyon basin, The cash security is intended to provide
additional insurance that maintenance costs will be covered if open space districts for Salt Creek
Ranch, Sunbow II and Otay Ranch are not fonned within the first 10 years,
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Page 4, Item 2
Meeting Date 4/8/97
Bonds were requested because the only up-front money required is the bond premium, whereas, a
letter of credit ties up portions of Eastlake's credit line reducing the funds available to them for
development.
The 1988 agreement anticipated that the City would maintain the channel with funds provided by
EDC and future open space districts, It was intended that EDC's fiscal responsibility be reduced as
open space districts were established, At present, EDC and staff recommend that EDC continue the
maintenance (relieving City staff of this maintenance for a short tenn period) and be reimbursed, in
part, from open space district funds where funds have been collected for that purpose, This is
recommended for administrative efficiency, The agreement provides for Eastlake to be reimbursed
upon written request to the City, EDC is required to provide evidence of payment for all costs for
which reimbursement is requested, The agreement includes the requirement for the City Engineer
to approve reimbursements,
Other requirements contained in the 1988 agreement, but not considered in this new agreement, have
been met.
FISCAL IMP ACT: Funds to reimburse EDC are being collected through assessments approved by
Council each year in the annual Open Space District Reports, The funds are collected twice a year
with property taxes, After the second tax collection of FY 96/97 in April 1997, the amounts
available for reimbursement to EDC ITom the three existing districts will be approximately: ELMD
I, $13,040 in account 585-5850-5291; Open Space District 20, $1,300 in account 570-5700-5291;
Open Space District 31, $3,948 in account 581-581 0-529L The amounts listed were specifically set
aside in each district as a portion of the assessment needed to maintain Telegraph Canyon Creek
As future open space districts are fonned, additional funds will become available, Otay Ranch SPA
I is conditioned to set up a district which includes provisions to provide maintenance of the portion
of Telegraph Canyon Channel within their development. Approximately 30 % of the area is now
in an open space district. Otay Ranch represents 47,7 % with SPA I including about 25-30 % of the
area within the Telegraph Canyon Basin,
File: 0725-30 OSD 28
Attachment: Locator Map NOT SCANNED
H:\HOME\ENGINEERIAGENDA\TELAI13.W AU
April 2, 1997 (4:41pm)
15/7
..._._^-" - ~...__..__._--"_._---_.-_.-
RESOLUTION NO. / y¿ / c¡
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN CITY
AND EASTLAKE DEVELOPMENT COMPANY FOR THE
MAINTENANCE OF TELEGRAPH CANYON CHANNEL AND
AUTHORIZING THE MAYOR TO EXECUTIVE SAID
AGREEMENT
WHEREAS, Eastlake Development Company (EDC) entered into
a development agreement with the City in 1988 regarding construc-
tion of Telegraph Canyon Road and the adjacent channel; and
WHEREAS, EDC requests that the City consider and approve
a revised agreement reflecting current conditions and amending the
security requirements; and
WHEREAS, the City Council has determined competitive
bidding for the services to be provided in the revised agreement is
(a) impractical in light of the fact that the revised agreement
implements EDC's maintenance obligations under the original
agreement, and (b) not necessary in this case because the services
are being provided by EDC at fair and reasonable rates subject to
the review and approval of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Agreement between City
and Eastlake Development Company for the maintenance of Telegraph
Canyon Channel, a copy of which is on file in the office of the
City Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\TChannel.el
r5-5ß
____~.. ._______.__._ "_.-.-._ ___u __ _..._.__. ----._.._____.._.___..___-T-""...'
AGREEMENT REGARDING MAINTENANCE
OF THE TELEGRAPH CANYON DRAINAGE CHANNEL
.
This Agreement is entered effective as of .1997 between the CITY OF
CHULA VISTA, a municipal corporation ("City") and the EASTLAKE DEVELOPMENT
COMPANY, a California general partnership ("EastLake"), collectively referred to as the "Parties"
and is effective as of the date last executed.
RECITALS
WHEREAS, in 1988 the Parties agreed to improve the Telegraph Canyon Road Drainage
Channel ("Channel") between EastLake Parkway and Paseo Ladera, which improvements were
required in conjunction with the widening of Telegraph Canyon Road; and
WHEREAS, the Parties to this Agreement entered into a prior contract with respect to the
maintenance of various drainage Channel improvements, dated August 2,1988, approved by City
Resolution No. 13716, and which contract the Parties hereto wish to replace and supersede with this
Agreement; and
WHEREAS, pursuant to the various Permit requirements imposed by the California
Department ofFish and Game ("CFG") and the United States Anny Corps of Engineers ("COE"),
wherein various types of improvements and maintenance of vegetation were required to be
performed on portions of the drainage Channel by the permits; and
WHEREAS, at the time of the original contract, dated August 2, 1988, between the Parties,
it was their intent that EastLake would be required to maintain portions of the Channel only until
City could form a Landscape Lighting and Maintenance District pursuant to Section 22500 of the
California Streets and Highway Code and The City ofChula Vista Municipal Code Chapter 17.07,
or establish an alternate funding mechanism to allocate the cost of ongoing maintenance of the
Channel following satisfaction of the Permit requirements of COE and CFG to all benefitting
properties discharging run-off into it; and
WHEREAS, since the execution of the original contract, certain Landscape Lighting and
Maintenance Districts were formed which provide partial funding for the Channel, and, based upon
a number of years of maintenance experience with the Channel, the parties have determined that
ongoing maintenance costs will be less that originally estimated
WHEREAS, the Parties now wish to supersede the original August 2, 1988 contract between
the Parties to account for these changed circumstances and to make other appropriate modifications.
NOW THEREFORE BE IT RESOLVED that the Parties agree as follows:
1. Defined Terms. As used herein, the following terms shall mean:
1 8'-1
------------..-. --...-- ..---- _.~_.__.~..-
1.1 "Channel Permits" or "Permits" shall refer to the permits issued by the U.S. Army
Corps of Engineers ("COE") pursuant to Section 404 of the Clean Water Act, as amended and any
conditions thereto, and a Streambed AJte¡:ation Permit issued pursuant to the authority of Section
1601 of the California Fish and Game Code, by the California Department of Fish and Game
("CFG") authorizing certain grading, filling and maintenance activities be undertaken with respect
to areas within the channel, in return for the permittee('s) obligations to maintain revegetate and
other otherwise mitigate the impact of the channel construction on certain wetlands and other natural
resources located in the channel prior to the construction activities.
1.2 "Permit Compliance" shall mean all maintenance requirements imposed upon the
permittee(s) of either a COE § 404 Permit and/or CFG Section 1601 Permit, together with any
additional requirements that have been imposed pursuant to the "Riparian Revegetation Plans: for
Telegraph Canyon Road Recon R-1681, dated July 9, 1987; California Fish and Game Stream
Alteration Permit V -87-241, dated July 1987; and California Fish and Game Stream Alteration
Permit 5-168-91, dated April 17, 1991.
1.3 "Completion ofImprovements" shall mean the date on a Phase-by-Phase Basis that
the California Department ofFish and Game and/or the U.S. Army Corps of Engineers certifies that
the Channel Permit Improvements have been completed in the manner required by the applicable
channel Permits and Exhibit "A".
1.4 "Turnover Procedures" shall mean the process indicated in Exhibit "A" by which each
Channel Phase is inspected and its long-term Maintenance assumed by another party, including
without limitation, City, EastLake, another party, or one or more Landscape Lighting and
Maintenance Districts.
1.5 "Maintain", "Maintenance" or "Long-Term Maintenance" shall mean to furnish, or
the furnishing of, services and materials for the ordinary and usual maintenance required for the
operation of any Channel Improvement, including without limitation the maintenance described on
Exhibit "B". Such maintenance shall commence after the Permit Compliance obligations terminate
1.6 "Phase" shall refer to a length or area of the Telegraph Canyon Drainage Channel for
all purposes herein. Phase I shall be that area approximately located between EastLake Parkway and
Rutgers A venue shown on Chula Vista Drawings (CVD), CVD 88-175 through CVD 88-215, Phase
II shall be that area located between Apache Drive and Paseo Ranchero Drive shown on CVD 88-
887 through CVD 88-906, and Phase III shall be that length of the channel extending from Apache
Drive east to Rutgers Avenue shown on CVD 90-302 through CVD 90-320.
1.7 "Landscape Lighting and Maintenance District n shall mean a special district of City
established pursuant to Section 22500 of the Streets and Highways Code and Section 17.07 of City
Municipal Code.
1.8 "Basin" shall refer to the area which naturally drains to TeJegraph Canyon Creek or
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which may be directed to drain to Telegraph Canyon Creek through grading approved by City.
2. Maintenance Oblie:ations.-
2.1 EastLake shall Maintain, or cause to be Maintained, Phase I and II until the earlier
to occur of (a) the acceptance of 100% of the Maintenance for such Phases by one or more
Landscape Lighting and Maintenance District(s), City's approval of an alternate financing pJan and
mechanism providing for 100% of the Maintenance for such Phases; or (b) the date falling ten (10)
years after the effective date of this Agreement.
2.2 City shall Maintain Phase III until such time as City has completed the "punch list"
of deficiencies or required work set forth in the Observation Report for Phase Ill's third year
prepared by Recon, with respect to the Phase's revegetation. Thereafter, in accordance with the
"Turnover Procedures" attached hereto as Exhibit "A", EastLake shall Maintain, or cause to be
Maintained, Phase III of the Channel until all Permit Compliance measures are complete, as
determined by the California Department ofFish and Game, and until the earlier to occur of (a) the
acceptance of 100% of the Maintenance for such Phase by one or more Landscape Lighting and
Maintenance District(s), or Districts), or City's approval of an alternate financing plan and
mechanism providing for 100% of the Maintenance for such Phase; or (b) the date falling ten (10)
years after the effective date of this Agreement.
3. Fundine: of Maintenance Activities.
3.1 Subject to the terms of Section 3.2 hereof, City shall reimburse EastLake, or its
designee, for reasonable costs directly incurred thereby in connection with (a) the formation of
EastLake Maintenance District No.1, or any other maintenance assessment district formed, in whole
or in part, for pwposes of collecting monies to finance the Maintenance of the Channel (collectively,
"Landscape Lighting and Maintenance District"), not to exceed, in the aggregate, $15,000; and (b)
the Maintenance of Phases I, II and III during the period that EastLake is obligated to maintain such
Phases pursuant to the terms of this Agreement.
3.2 Subject to the availability of funds as provided herein, EastLake, or its designee, shall
obtain annual reimbursement as provided in Section 3.1 hereof by written application with the City
subject to approval of the City Engineer. Such application shall include such evidence as the City
may reasonably require to demonstrate the amount of the costs incurred; all reimbursable costs shall
be subject to the approval of the City Engineer. All items indicated on Exhibit "B" are considered
appropriate costs under this agreement. Any City approved reimbursement shall be paid, but onJy
to the extent of available funds for each year reimbursement is requested, out of one or more
Landscape Lighting and Maintenance Districts, or out of such other funds or accounts providing for
Maintenance of the Channel funded by property owners within the Basin that may be created by the
City or already exist.
3.3 City staff shall use its best efforts to process and present to the City Council for its
consideration the formation of one or more Landscape Lighting and Maintenance Districts for the
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Long Term Maintenance of Phases I, II and III as development in the Basin occurs. City's
obligation to consider adoption of Landscape Lighting and maintenance District for long term
maintenance of any Phase of the Channe~, shall be discharged by City holding public hearings as
required by the California Streets and Highways Codes' Section 22500 and City Municipal Code
Section 17.07. City reserves the right to approve or disapprove such a district in its sole and
unfettered discretion and City's disapproval thereof shall not constitute a default hereunder.
3.4 Concurrent with its efforts to establish one or more Landscape Lighting and
Maintenance District as described in paragraph 3.3, hereinabove, City shall use its best efforts to
proportionately allocate the cost of Maintenance of all Phases of the Channel among existing and
new development upon those properties benefitting from being located within the Basin. Such
efforts may include subject to all applicable laws including, without limitation, applicable public
hearing and approval requirements (a) the adjustment of the amount collected in each existing
Landscape Lighting and Maintenance District which collects funds for the maintenance of the
Channel in order to increase the amount of available funds for that purpose; and (b) the imposition
of appropriate conditions of approval on new development within the Basin which require some
form of proportionate Maintenance cost contribution.
4. Security for Performance: Contingent Post Ten-Year Endowment.
4.1 As a condition precedent to the effectiveness of this agreement, EastLake shall
provide City with a one time cash deposit in the amount of $20,000 as security for EastLake's
Maintenance obligations hereunder ("Security Deposit"). City shall hold the Security Deposit for
the duration of East Lake's maintenance obligations hereunder, and expend such deposit soJely for
purposes of maintenance of the Channel in the event of EastLake's default in the performance of
such obligations. All interest earnings on the Security Deposit shall be retained by the City during
this period. Except as provided in Section 4.5 hereof, beJow, any unexpended amount of the
Security Deposit, including any interest earned, shall be released and remitted to EastLake upon the
termination of its Maintenance obligations pursuant to Section 2 hereof.
4.2 As a condition precedent to the effectiveness of this agreement, EastLake shall
provide City with a Maintenance Bond for a series of two year terms not to exceed Ten (10) years
from the effective date of this agreement in order to guaranty its annual maintenance of Phases I, II
and III in accordance with the provisions of this Agreement. The Maintenance Bond shall be in an
amount of$160,000, shall be issued by a surety with a Bests A-V rating or better and shall be in a
form approved by the City Attorney. The City Engineer, will review EastLake's security provided
herein in this Section 4.2 every two years, when the bond expires and must be renewed by EastLake.
The City recognizes bonds are issued for a two year period, however it will be the responsibility of
Eastlake to ensure that at no time will Eastlake leave a gap in providing security for its outstanding
obligation.
At the bond renewal time, the City Engineer may reduce the bond requirement by an appropriate
amount determined by the City Engineer if it is determined that no silt removal is needed or other
Open Space Districts are formed which would offset the obligation of Eastlake by generating
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additional funds for channel maintenance.
At the conclusion of the ten year period,.at Eastlake's request, City will provide, a letter releasing
any outstanding bonds posted for security noted in this section.
4.3 City shall, upon the acceptance of the security provided pursuant to paragraphs 4.1
and 4.2 above, release EastLake's bonds for the original projects under City Permits PG 207 and PG
392 securing the maintenance of Phases 1 and II.
4.4 In the event that (a) the annual Maintenance costs are reduced, as Permit Compliance
occurs for any Phase or otherwise, or (b) in accordance with Section 3, above, additional Landscape
Lighting and Maintenance Districts are formed for properties within the Basin that provide
additional funding for Channel Maintenance, or alternative funding mechanisms are created, the City
Engineer shall review and not unreasonabJy withhold approval of any request by EastLake to reduce,
proportionately, the amount of the Security Deposit and/or Maintenance Bond required by this
Section.
4.5 In the event that EastLake's Maintenance obligations hereunder terminate due to the
expiration of the ten (10) year Maintenance period and, at that time, the City is not collecting from
the then existing Landscape Lighting Maintenance Districts and/or other alternative Channel
Maintenance funding mechanism(s), 100% of the funds necessary for the City itself to Maintain, or
to cause to be Maintained, the Channel, then the City shall have the right to retain from the Security
Deposit, an amount sufficient to cover the projected shortfall in Channel Maintenance funding for
the following ten (10) year period, not to exceed $35,000. This retained amount (the "Channel
Maintenance Endowment") shall be determined by the following formula: First, take the sum of the
cost of Channel Maintenance over the then previous three years and divide that amount by three
("Average Annual Cost"). Multiply the Average Annual Cost by 1.5, the product of which shall
equal (the "Projected City Annual Cost"). Subtract from the Projected City Annual Cost the amount
offunding for Channel Maintenance projected to be received from existing funding sources in the
twelve (12) ensuing months (the "Projected Annual Gap"). If the Projected Annual Gap is less than
zero (0), the Channel Maintenance Endowment shall be $0. If the Projected Annual Gap is greater
than zero (0), the Channel Maintenance Endowment shall be the amount which, if invested at an
annual interest rate of 5% per annum, would generate ten (10) consecutive annual payments equal
to the Projected Annual Gap. For example, if the Projected Annual Gap was $2,000, the Channel
Maintenance Endowment would be $15,433. In no event shall the Channel Maintenance
Endowment exceed $35,000.
5. Miscellaneous Provisions,
5.1 Attorneys' Fees. In the event that either Party commences litigation for a specific
performance or damages for breach of this Agreement, the prevailing party shall be entitled to a
judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred.
5.2 Oril!inal Al!J'eement Superseded. It is the intent of the Parties that the agreement
5 0'-//
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dated August 2, 1988 between the City and EastLake Development Company and any perfonnances
required thereunder shall upon the execution by both parties of this Agreement be null and void.
-
5.3 Indemnitv. EastLake, on behalf of itself and its successors and assigns, shall defend,
indemnify, protect and hold hannless the City, its eJected and appointed officers and employees,
from and against all claims for damages, liability, cost and expense (including without limitation
attorneys' fees) arising out of the conduct of EastLake, or any agent or employee, subcontractors, or
others in connection with its perfonnance of its obligations under this Agreement, except onJy for
those claims arising from the sole negligence or soJe willful misconduct of the City, its officers, or
employees.
5.4 Entire A~eement. 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 and any and all other prior or contemporaneous oral or
written agreements are hereby superseded. This Agreement may be amended, but only pursuant to
a written amendment properly authorized and executed by both parties hereto.
5.5 Compliance with Laws. In the perfonnance of its obligations under this agreement
EastLake shall comply with any and all applicable federal, state and local laws, regulations, policies,
pennits and approvals.
5.6 Exhibits. All attached Exhibits referred to herein are hereby incorporated herein by
this reference.
5.7 Tenn. This agreement shall remain in effect for so long as either party has executory
obligations hereunder.
[NEXT PAGE IS SIGNATURE PAGE]
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and
year first above written. -
Dated: CITY OF CHULA VISTA
a municipal corporation
By:
Mayor Shirley Horton
Attest:
Beverly Authelet, City Clerk
Approved as to fonn:
John M. Kaheny, City Attorney
Dated: EastLake Development Company
By: See Attached Signature Block
[name of person, title]
By:
[name of person, title]
N:\SHARE[)\.\TTORNEYV.OJtEEI'œ.REV
Aprill, 1997 (4:34pm)
7 <fš;- ) J
THE EASTLAKE COMPANY,
a California general partnership
By: Boswell Properties, Ine" By: The Tulago Company,
a general partner a general partner
By: ~~ By: ¿;;?~~-
Paul G, Nieto, Vice President Paul G. Nieto, Vice President
By: r:~ By: ~~«~
Sharon Ikemoto, Authorized Agent Sharon Ikemoto, Authorized Agent
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Exhibit A
Teleguph Canyon Channel
Turnover Procedures
Introduction
The following guidelines have been prepared in order to establish criteria for the conveyance and
acceptance of Telegraph Canyon Channel for maintenance by the City of Chula Vista. This
procedure will be utilized for the turnover walkthrough for each phase of the Channel. The
walkthrough and acceptance procedure will occur only after the Channel Permit Compliance
Requirements pursuant to Section 1.2 of the Agreement, have been met. If Permit compliance is not
met, turnover of maintenance of the Channel to the City ofChuJa Vista shall not occur.
This walkthrough procedure shall be used by the City of Chula Vista and The EastLake
Development Company (ELC) to effect turnover of the Channel maintenance fÌom ELC to the City.
However, it will also serve as the procedure to be utilized for the turnover of phase III of the Channel
maintenance fÌom the City to ELC, and then fÌom ELC to the City for long term maintenance.
A. General procedures
I. Sixty (60) days prior to the desired turnover time, ELC shall notify the City, in writing, of its .
intent to turn over a portion of the Channel to the City of Chula Vista.
2. ELC will schedule an initial walkthrough during this 60 day period. The following people or
their representative shall be notified by ELC of the walkthrough:
City of Chula Vista - City Engineer (or representative)
City ofChula Vista - Public Works/Operations
The EastLake Company - Mike Hamer and/or Katy Wright
Representative ofRECON
Rick Engineering - Water Resources Engineer
At this initial walkthrough, a punch list of outstanding work to be completed will be determined.
The punch list will be compiled by ELC. Copies of the list will be sent to all parties listed in
Item 1 above. Recognizing that the permit conditions of California Fish & Game and Army
Corps of Engineers will have been met, the punch list should consider only the following items:
Condition of silt fences (inspection by qualified water resource engineer)
Erosion areas, if any, should be inspected (inspection by qualified water resource
engineer)
Exotic weed control (giant reed - Arundo donax; pampas grass - Cortaderia jubata; and
fan palm - Washingtonia sp.
. Other undesirable species include fennel, saltbush and tree tobacco, which occur in the
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Channel bottom and slopes. These species do not present a potential threat to habitat and
their removal is optional.
Any unusual conditions, trash~exposed pipe.
1. Final Walkthrough
Upon completion of the punch list items, The EastLake Company will schedule a follow-up/fmal
walkthrough. The walkthrough serves only to verify that all items are satisfactoriJy completed
and ready for conveyance. The items on the punch list will be completed within 60 days of the
initial walkthrough.
If the items on the punch list have not been compJeted to the satisfaction of the Director of Public
Works within 60 days of the initial walkthrough a new punch list shall be established. No new
items shall be added to the punch list if the items are completed within 90 days of the initial
walkthrough. The City reserves the right to include additional items in the punch list if items
have not been addressed within 90 days of the initial walkthrough.
2. Upon acceptance of work:
a) The Director of Public Works of the City of Chula Vista shall issue a letter of
acceptance and will release/reduce any outstanding ELC bonds
B. Turnover of Phase 3 from the CCV to ELC
The EastLake Company will accept maintenance responsibility of Phase 3 of the Channel from the
City of ChuIa Vista prior to completion of improvements pursuant to Section 1.3 of the Agreement
and will complete the maintenance through the Completion of Improvements.
I. To accomplish this, the City shall notify ELC, in writing, of its intent to turn over Phase 3 of the
Channel to ELC, 60 days prior to the desired turnover time.
2. The City shall schedule an initial walkthrough with ELC during this 60 days period to determine
a punch list of outstanding work to be completed, to include the requirements stated in the annual
environmental observation report required by the Channel Permits pursuant to Section 1.1 of the
Agreement. The punch list shall consider only the following additional items:
Condition of silt fences
Erosion areas, if any, should be inspected
Exotic weed control (giant reed - Arundo donax; pampas grass - Cortaderia jubata; and
fan palm - Washingtonia sp.
Other undesirable species include fennel, saltbush and tree tobacco, which occur in the
Channel bottom and slopes. These species do not present a potential threat to habitat and
their removal is optional.
. Any unusual conditions, trash, exposed pipe.
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I. Final Walkthrough
-
Upon completion of the punch list items, the City will schedule a follow-up/final walkthrough.
The walkthrough serves only to verify that all items are satisfactoriJy completed and ready for
conveyance.
If the items on the punch list have not been completed to the satisfaction ofELC within 60 days
of the initial walkthrough, a new punch list shall be established. No new items shall be added
to the punch list if the items are completed within 90 days of the initial walkthrough. ELC
reserves the right to include additional items in the punch list if items have not been addressed
within 90 days of the initial walkthrough.
2. Upon acceptance of work:
a) ELC shall issue a letter of acceptance to the City.
3. ELC shall follow the procedure outlined in Section A above to effect turnover of maintenance
of Phase 3 of the Channel back to the City.
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Exhibit B
Telegraph Canyon Channel
Annual Maintenance Schedule
I-May-96
Key Assumptions
1. Estimates are for three sections of the naturalized Channel from EastLake to Paseo Ladera.
2. Estimates are based upon costs actually experience by The EastLake Company in
maintaining Phase 1 and 2.
3. Estimates are based upon the assumption that California Fish and Game has accepted the
Channel as established and the Pennit Conditions have been met.
ITEM ASSUMPTION FREQUENCY RATE TOTAL
Herbicide Removal Spray 3 times per Yr. 3 $1,500 $4,500,00
Manual Labor - Weed/trash removal 40 hrs. per Month 480 $15 $7,2000.00
Equipment Rental August Rental - 5 days 5 $80 $400,00
Weste Disposal 4 times per Yr. 4 $250 $1,000,00
Silt Fence Inspection 3 times per Yr, 3 $500 $1500,00
TOTAL (ESTIMATE) $14,600.00
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4/8/97
ITEM TITLE: Resolution J?¿,J.f:proving a Hazard Elimination Safety (H.E.S.)
Program Supplement between the City of Chula Vista and Caltrans for
Federal-Aid funding for traffic signal improvements at three locations (State
Project No. STPLHG-5203 (003 and 004) and City CIP No. TF227)
SUBMITTED BY: Director of Public workÝ'
REVIEWED BY: City Manager J4 ,. (4/5ths Vote: Yes _ NoX)
Since 1978, the City has had a master agreement with the state of California Department of
Transportation (Caltrans) governing the conduct of certain transportation reJated Federal-Aid
programs. Individual projects are added to this master agreement by a Program Supplement which
specifies the location and type of project, the amount of federal funds available, the phases of work
authorized for federal funding, and the special covenants required as to condition for payment of
federal funds. Approval of the requested resolution will satisfy federal requirements and allow the
release offederal funds for a City traffic signal Hazard Elimination Safety (H.E.S.) Program project
(City CIP No. TF227 - Left Turn Signals 3 Locations)
RECOMMENDATION: That Council approve Program Supplements Nos. 9 & 10 to Local
Agency-State Agreement No. 11-5203 between the City of Chula Vista and the State of California
Department of Transportation and authorize the Mayor to execute the traffic signal Hazard
Elimination Safety Program Supplement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: When the City Council adopted the FY 1994-95 CIP Program, it approved
a Hazard Elimination Traffic Safety Improvement project as CIP project no. TF227-Left Turn
Signals 3 Locations. This Federal-Aid project consists of upgrading existing traffic signals with left
turning phasing at Broadwayl"F" Street, Third A venue and Orange A venue, and Fourth A venuel"F"
Street. This project has been completed and is designated as Federal-Aid Project No. STPLHG-5203
(003 & 004). As indicated, the work at these intersections has been completed. Caltrans
representatives gave the City verbal authority to advertise and construct the project prior to the
approval of this program supplement. Execution of the attached Program supplement is a federal
requirement for the expenditure of $135,000 ITom the Federal-Aid program (95% of the project's
estimated construction costs), The remaining 5%, $7,400, will be borne by the City ITom the Traffic
Signal Fund.
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Meeting Date 4/8/97
FISCAL IMPACT: Including staff time and contingencies, $157,100 has been budgeted for this
project from the Traffic Signal Fund. Federal funds will reimburse the Traffic Signal Fund for 95%
of the construction costs of the project estimated to be $135,100, plus 100% of Preliminary
Engineering at $14,600.
Attachments: Program Supplement No. 009
Program Supplement No. 010
Resolution 18145 NOTSCANNI.D
MJD:dv
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Aprill, 1997 (2:50pm)
H:\HOME\ENGINEER\AGENDA \lIES.MID
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RESOLUTION NO. / g---¿;¿tJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A HAZARD ELIMINATION
SAFETY (H.E.S.) PROGRAM SUPPLEMENT BETWEEN THE
CITY OF CHULA VISTA AND CALTRANS FOR FEDERAL-
AID FUNDING FOR TRAFFIC SIGNAL IMPROVEMENTS AT
THREE LOCATIONS (PROJECT NO. STPLHG-5203 (003
AND 004) AND CITY CIP NO. TF227)
WHEREAS, since 1978, the City has had a master agreement
with the State of California Department of Transportation
(Caltrans) governing the conduct of certain transportation related
Federal-Aid programs; and
WHEREAS, individual projects are added to this master
agreement by a Program Supplement which specifies the location and
type of project, the amount of federal funds available, the phases
of work authorized for federal funding, and the special covenants
required as to condition for payment of federal funds; and
WHEREAS, approval of this resolution will satisfy federal
requirements and allow the release of federal funds for a city
traffic signal Hazard Elimination Safety (H.E.S) Program project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Hazard Elimination Safety
Program Supplements Nos. 9 and 10 to Local Agency-State Agreement
No. 11-5203 between the city of Chula vista and the State of
California Department of Transportation, a copy of which is on file
in the office of the City Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is authorized to execute the traffic signal Hazard
Elimination Safety Program Supplement.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\hes.sup
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,.'
Date: February 28, 1997
PROGRAM SUPPLEMENT NO. 009 Location: 11-SD -O-CHV
to Project Number: STPLHG-5203(003)
LOCAL AGENCY-STATE AGREEMENT E.A. Number: 11-117924
FOR FEDERAL-AID PROJECTS NO. 11,-5203
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 12/19/78 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted. in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached) .
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
rema~ks set forth on the following pages.
PROJECT TERMINI:
IN THE CITY OF CHULA VISTA ON "F" ST @ FOURTH AVE AND @ BROADWAY AND
ON THIRD AVE @ ORANGE AVE.
TYPE OF WORK: LEFT TURN SIGNAL MODIFICATION LENGTH: 0.1 (MILES)
PROJECT ,CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right-of-Way [ ]
[X] Construction Engineering [X] Construction
Estimated Cost I Federal Funds I Matching Funds
Local OTHER OTHER
, 142500 33Z $ 135100 $ 7400 $ 0 $ 0
~
$ 0
City of Chula Vista STATE OF CALIFORNIA
Department of Transportation
By By
Shirley Horton, Mayor Chief, Office of Local Programs
Project Implementation
Date Date
Attest
Title Beverly A. Authelet
Citv Clerk
I hereby Certify upon my personal knowledge that. budgeted funds are available for this encumbrance:
Accounting OfficerV)v.r?~~ Date ;;? .;}.j. 97 $ 135100.00
Chapter Statutes I Item Program IBcl Fund Source I AMOUNT
162 1996 2660-101-890 96-97 20.30.010.810 C 262040 B9:2·F 135100.00
Page 1 of 2
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.' i1-SD -O-CHIT DATE: 03/04/97
" ST.PLHG-52 03 (003)
SPECIAL COVENANTS OR REMARKS
l. All maintenance, involving Lhe physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency agrees the payment of Federal fund~ will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2) /Detail
Estimate, or its modification (PR-2A) or the FNM-76, and acceptG
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. This agreement supplements the Local Agency-State Master
Agreement for Federa~-Aid projects, with the understanding that
all provisions of the 1991 I~termodal Surface Transportation
Efficiency Act ( ISTEA) apply,
4. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
5, Preliminary engineering for Broadway and "F" Street, and Orange ,
Avenue @ Third Ave covered by separate agreement under project
STPLHG-5203(004) . No preliminary programmed for Fourth Avenue @
"Fit Street.
6. In executing this Program Supplemental Agreement, Local
Agency hereby reaffi:tluS the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program.
./ . Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to ~ubmit a post audit report cover-
ing the allowability of cost payments for each individual consul-
~ant or sub-contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
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ft Date: February 28, 1997
.....
-. PROGRAM SUPPLEMENT NO. 010 Location: 11-SD -O-CHV
to Project Number: STPLHG-5203(004)
LOCAL AGENCY-STATE AGREEMENT E.A. Number: 11-117934
FOR FEDERAL-AID PROJECTS NO. 11-5203
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency
and the State on 12/19/78 and is subject to all the terms and conditions
thereof. This Program Supplement is adopted in accordance with Paragraph 2
of Article II of the aforementioned Master Agreement under authority of
Resolution No. , approved by the Local Agency on
(See copy attached) .
The Local Agency further stipulates that as a condition .topayment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:'
IN THE CITY OF CHULA VISTA ON BROAWAY AND "F" ST, AND ON ORANGE AVE @
THIRD AVE.
TYPE OF WORK: LEFT TURN SIGNAL MODIFICATION LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right-of-Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost I Federal Funds I Matching Funds
Local OTHER OTHER
$ 14600 33Q $ 14600 $ 0 $ 0 $ 0
$ 0
City of Chu1a Vista STATE OF CALIFORNIA
Department of Transportation
By By
Shirley Horton, Mayor Chief, Office of Local Programs
Project Implementation
Date Date
Attest
Beverly A. Authelet
Title City Clerk
I hereby Certify upon my personal knowledge that budgeted funds ·are available for this encumbrance:
Accounting Office Date ;) ·;¿t·C¡ 7 $ 14600,00
Chapter 1. Statutes I Item Program IBcl Fund Source I J\MOtJNT
162 1996 2660-101-890 20.30.010.810 C 262040 B92~P 14600.00
9~~ Page 1 of 2
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,
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'll~SD -Q-CHV DATE: 03/04/97
STPLRG-52 03 (004)
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred' to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as required
for efficient operation of the completed improvements.
2. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as' shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs,' ,
3. This agreement supplement.s the Local Agency-State Master
Agreement for Federal-Aid projects, with the understanding that
all provisions of the 1991 Intermodal Surface Transportation
Efficiency Act (ISTEA) apply.
4. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
5. Construction under project STPLHG-5203(003).
6. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal-Aid Program. .
7. Whenever the local agency uses a consultant on a cost plus b~sis,
the local agency is required to submit a pu~t audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub-contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
9 - 7 P~ge 2 of 2
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RESOLUTION NO. 18145
~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO
LEKOS ELECTRIC, INCORPORATED FOR THE 1995 HAZARD
ELIMINATION SAFETY PROJECT (HES) TO UPGRADE THREE
TRAFFIC SIGNAL LOCATIONS (BROADWAY /F STREET, FOURTH
AVENUE/F STREET, AND THIRD AVENUE/ORANGE AVENUE)
AND APPROPRIATING $152,000 TO TF-227 (TRAFFIC SIGNAL
SAFETY UPGRADE)
WHEREAS, on November 15, 1995, the Director of Public Works received the
fOllowing three sealed bids for the modification of traffic signals to add left turn phasing at
three intersections:
Contractor Amount
1. Lekos Electric, Inc. - EI Cajon $125,565
2. Knox Electric, Inc. - Spring Valley $141,332
3. Select Electric - Spring Valley $159,640
WHEREAS, the low bid of $125,565 was received from Lekos Electric, Incorporated
and is above the engineer's estimate of $106,910 or approximately 17%; and
WHEREAS, the low bidder, Lekos Electric, Incorporated has met all city requirements
set forth in the bid document, and therefore, we recommend awarding the contract to low
bidder who has completed several projects for the city with favorable performance; and
WHEREAS, the city's environmental review coordinator has reviewed the work involved
in this project and determined that the project is exempt under Section 15302, Class 3 (new
construction or conversion of small structures of the location of limited numbers of new, small
facilities or structures); and
WHEREAS, this is a state funded project under the 1995 Hazard Elimination Safety
(HES) Program and contractors bidding this project were required to pay prevailing wages to
persons employed by them for the work under this contract; and
WHEREAS, the bid document set forth participation requirements per federal
regulations for meeting the disadvantaged business goals and staff also reviewed Lekos
Electric, Incorporated eligibility status with regards to federal procurement programs and the
State ccntractor licenses for the contract as well as his subcontractors and neither the
contractor or any listed subcontractors are excluded from the Federal procurement programs
(list of parties excluded from federal procurement or non-procurement programs as of August
1995).
9-15
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'.
Resolution 18145
Page 2
NOW, THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept bids and award the contract to Lekos Electric. Incorporated for the 1995
Hazard Elimination Safety Project (HES)to upgrade three traffic signal locations, Said contract
on file in the city clerk's office and known as Document No, C095-254,
BE IT FURTHER RESOLVED that the mayor of the City of Chula Vista is hereby
authorized and directed to execute said contract for and on behalf of the City of Chula Vista,
BE IT FURTHER RESOLVED that the amount of $135.000 is hereby appropriated from
the unanticipated revenue from Caltrans Hazard Elimination Safety Grant Program and
$16,900 from the traffic signal fund to TF-227 (Traffic Signal Safety Upgrade),
Presented by APprov~d as to form by,1
( ,I: ".1
~¿;!/-~ ( ~- ¡h
'Bruce M, Boogaard
Public Works Director City Attorney
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COUNCIL AGENDA STATEMENT
Item /¿?
Meeting Date 04/08/97
ITEM TITLE: Resolution JfJ¿2/ entering into an Indemnification Agreement
with the San Diego Unified Port District.
SUBMITTED BY: ""'",of'",". R=~ __'$
REVIEWED BY: City ManageUG ~ -4 (4/5ths Vote: Yes _ No..xJ
The City will be conducting Chula Vista EXPO '97 on Saturday, April 12, 1997 at Marina View Park,
As the event is being conducted on Port District property, the City is required to complete the District's
standard Tidelands Activity Permit, which includes indemnification language,
STAFF RECOMMENDATION: That Council adopt the Resolution and authorize the Mayor to execute
the Port's Tidelands Activity Permit for the event.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The City will be conducting Chula Vista EXPO '97 at Marina View Park on Saturday,
April 12, 1997, As the event is being conducted on Port District property, the City is required to
complete the District's standard Tidelands Activity Permit, which includes indemnification language,
The Activity Permit and the indemnification language contained therein has been reviewed and approved
by the City Attorney.
It should be noted that the Port District permit gives the Port the right to a 24-hour cancellation notice,
which, if exercised, would terminate the activities and could result in the loss of contract and service fees,
Staff believes that such a cancellation is extremely unlikely. The Port District is a major financial
sponsor of EXPO again this year, providing $15,000 in reimbursable funding,
FISCAL IMPACT: None for the action of approving the Tidelands Activity Permit.
Attachment: "An _ Activity Permit - San Diego Unified Port District
[M:\home\parksrec\a113\exporeso.a13 ~ 03-21-97] /IJ-/
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RESOLUTION NO. ) l5¿,;2.;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENTERING INTO AN INDEMNIFICATION
AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT
WHEREAS, the City of Chula vista will be conducting Chula
Vista EXPO '97 on Saturday, April 12, 1997 at Marina View Park; and
WHEREAS, as the event is being conducted on Port District
property, the City is required to complete the District's standard
Tidelands Activity Permit, which includes indemnification language.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve entering into an
Indemnification Agreement with the San Diego Unified Port District.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute the San Diego Unified Port District's
Tidelands Activity Permit for the event.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks, Recreation and Open Space
C:\rs\expo97
/ tfJ ~ ;2...
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ATTACHMENT "A-I"
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITIEE: City of Chula Vista
USE OR ACTIVITY: IIChula Vista Expo '97 - (A Community Fest;v~l)
LOCATION FOR WHICH PERMIT ISSUED:Marina View Park and Vacant Lots
EFFECTIVE DATES: Apri 1 12 1997
SECURITY DEPOSIT:~/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all applicable laws, rules and regulations of
the District and other governmental entities,
2. Permittee shall keep the property and all equipment used In connection
with this permit In a clean, safe and sanitary manner and in good repair at all
times. All or any portion of the security deposit shall be available
unconditionally to the District for the purpose of cleaning or repai~ing
damages to the property upon termination of this permit.
3. This permit may be cancelled by either party by the giving of twenty-four
(24) hours notice in writing to the other party. Such cancellation shall be
without liability of any nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless District, Its officers
and employees against all causes of action. for judicial relief of any kind, for
damage to property of any kind whatsoever, and to whomever ftelonglng,
Including Permittee, or Injury to or death of any person or persons, Including
employees of Permittee, resulting directly or Indirectly from activities In
connection with the issuance and performance of this permit or arising from
the use of the property. facilities or services of District, Its officers or
employees.
/éJ-3
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ATTACHMENT "A-2"
" . ,
\
6. Permittee shall maintain comprehensive public liability (covering
operations, products and completed operations) and blanket contractual
coverage Insurance throughout the term of this permit. The policies shall, as
a minimum, provide the following forms of coverage:
$1 Million combined single limit
(A~ - - - Pef&GnaJ -IRfwF)' -end-Bodily ~f1jwry~
One Person $
One Occurrence $
(B) Property Damage $
Certificates of such Insurance, In a form satisfactory to the District, shall be
flied with District's Community Relations Department. Insurance certificates
filed pursuant to this permit shall contain a non-cancellation-wlthout-notice
clause and shall provide that copies of cancellation notices shall be sent to
the District.
7. The rights and privileges extended by this permit are non-exclusive,
8. Permittee shall not engage in any activity on property of the District other
than the activity for which this permit Is expressly Issued,
9. Permittee shall be subject to and comply with any special conditions
attached hereto.
10. Permittee shall comply with all requirements and directives of the Port
Director of District.
11. In the event of failure of Permittee to comply with any provision of this
permit, this permit may, at the discretion of the Port Director, be terminated
Immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and
conditions thereof.
Permittee's signature
Address: City of Chula Vista - 276 Fourth Avenue
Chula Vista. r.A qlqln
Telephone: (619) 691-5071
(2)
/'&'1
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" ATTACHMENT "A-3"
CHECKLIST FOR THE USE OF TIDELAND PROPERTY Date request received
in CR Dept.:
Please comolete each Item below.
1. Sponsoring individual or group:
San Diego Unified Port District
City of Chula Vista
2. Address and telephone number of contact person:
Contact: John Gates (619) 585-5617
Department of Parks, Recreation and Open Space
City of Chula Vista
276 Fourth Ave.
3 What ty f Chulf' Vi ~ta h C~ 91910
. pe 0 even IS p an e .
Community festival featuring dance, music, visual arts, food & beverages (non-
&lcoholic), informational booths and displays, tall ship tours
4. Where exactly on the bayfront?
Marina View Park
Public Pier
various e~ty lots ¡parking (see attached diagram)
5. Day and d e of even:
S~turday, April 12, 1997
6. Time: Start íi '00 " m Finish 9:00 p.m.
7. Will traffic be affected? Yes; Increased volume - Chula Vista Police will monitor
and control the traffic
e. How many persons expected to attend?
3,500 - 5,000
9. If large group, what security arrangements have been made?
;Chula Vista Police will provide security at the event
10. If commercial or catered event, do. you have liability insurance coveragé"?
N/A
Please return this checklist (within 10 working days) or your request lor an event on Port tidelands will be
canceled.
4/93 ---
/ þ ":-?
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COUNCIL AGENDA STATEMENT
Item /tfl. /
Meeting Date 04/08/97
ITEM TITLE: RESOLUTION / S-¿e23 Approving Extension of Escrow on MCA
Amphitheater Lease until August 31, 1997
SUBMITTED BY: ::::::,:J~'0b~r c ~.
REVIEWED BY: (4/5ths Vote: Yes_ NO.K..!
BACKGROUND:
Universal Concerts, Inc., developer of the MCA Amphitheater, have asked the City to extend the
escrow on the amphitheater lease until August 31, 1997. Delays caused by litigation, financial,
and corporate analysis have led to this request for a short extension. Staff is confident that the
amphitheater project will proceed and be open for the fall 1 998 season.
RECOMMENDATION: That Council adopt the resolution approving an extension of escrow on the
MCA Amphitheater until August 31, 1997.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
Universal Concerts, Inc. (formerly MCA Concerts, Inc.) ("Universal") has asked the City to extend
the escrow between Universal, Los Alisos and the City until August 31, 1997 (see Attachment
A). This request will allow additional time for MCA to finalize their issues prior to proceeding with
the amphitheater. This action will not affect the other agreements already in place.
FISCAL IMPACT: Revenues from the MCA amphitheater will be generated from a ticket
assessment, sales tax from food and merchandise, and property tax, These revenues are
estimated to be approximately $3 million over the first 10 years. Additional revenue will be
created by the Koby Swap Meet associated with this facility.
ICS) H:\HOME\COMMDEV\STAFF.REP\04-08-97\MCA [April 4, 1997 (2:12pm})
/tJ,)-)
u_.. __.,,___."~
RESOLUTION NO. /~;2~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING EXTENSION OF ESCROW ON
MCA AMPHITHEATER LEASE UNTIL AUGUST 31, 1997
WHEREAS, in light of litigation filed against the
Amphitheater Project, which has since been resolved, and other
delays, Universal Concerts has been unable to close escrow on the
leases for the Project and requests the city approve an extension
of same; and
WHEREAS, Universal Concerts and Los Alisos have agreed to
amend the Agreement and Escrow Instructions dated November 21,
1995, as initially amended on December 11, 1995, and as
subsequently amended on February 26, 1996 and August 30, 1996, to
extend the Escrow Instructions to and until August 31, 1997.
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby approve the extension of Escrow on
the MCA Amphitheater Lease until August 31, 1997 in accordance with
the form presented and authorizes and directs the Mayor, or her
designee, to execute same.
Presented by Approved as to form by
(L· ~ G~
Chris Salomon , Director of
Community Development
G:\rs\lIca.ext
/t?" j-;¿
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APR-03-1997 11:24 818 622 0121 P.02/Ø2
April 3, 1997 ATTACHMENT A
Shelva Molm
Escrow Manager
Commercial IndustrIal Group
Chicago TItle
92S B Street
San Diego CA 92101
Re: Joint Escrow Instructions
Escrow #973162.
Dear Ms. Molm:
Universal Concerts, Inc, (formerly MCA Conc~ Inc.) ("Universal"), a California corporation, and Los AIisoa
Company ("Los AIisosj, a California general partnership, and the City ofCbula Vista ("City") hereby agree to
amend the agreement and escrow inst1uctions between and among Universal, Los Alisos and City dated November
21, 1995, as initially amended on December II, 1995, and as subsequently amended on February 26, 1996 ønd
August 30, 1996, as set forth below.
I. Section 4.2, as amended on February 26, 1996 ønd August 30, 1996, is hereby deleted and the following
provision is inserted in its place:
"These instructions shaI1 be in effect until August 31, 1997,"
Except as expressly amended hereby, tho agreement and escrow instructions shall remain unchanged and in
full force and effect.
Very truly yours,
LOS ALISOS COMPANY,
a California general pllrtnershlp
Los Alisos Company,
a California general partnership
For: Los Alisos Development Company, For: UNIVERSAL CONCERTS, INC.
a California Corporation,
Its General Partner
By: By:
Neville Pearson, President Adam Friodman, Vice President
For: LADCO Resorts, Inc.
(a wholly owned subsidiary of
N1 Financial Corporation),
a Delaware CoIpoIation,
its General Partner
By:
Neville Pearson, President
For: CITY OF CHULA VISTA Jt:?/-3
By: Approved 8S to form:
Shirley Horton, Mayor
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COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 04/08/97
ITEM TITLE: Resolution Iffb) ? Approving Amended and Restated
AGREEMENT between City of Chula Vista and Southwestern Community
College District for Consulting Services to Border Environmental Commerce
Alliance (BECA) Incubator Tenants
Supplemental Report to March 25 BECA Agenda Statement Regarding
Proposed Amended Contract with Southwestern College
SUBMITTED BY: Comm,"", Dfm,", 0;,,,,,,,, C S ,
REVIEWED BY: City Manager (4/5ths Vote: Yes_ NolU
The BECA Director would like an additional week to explore another option to present to
Council.
II
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CITY COUNCIL AGENDA STATEMENT
Item: J-Z
Meeting Date: 04/08/97
ITEM TITLE: J g't, :1..2,
Resolution: Community Partnership to Renovate - EI
Rancho del Rey Park's Playground
SUBMITTED BY: Director of Parks, Recreation and Open spac;;V ~
REVIEWED BY: Ci~ M""""'-.Í¡ I¿j ~ (41"'" ...., Yœ _ No .xJ
The Parks, Recreation and Open Space Department has been meeting with a resident, Lauren Weidner,
who is interested in collaborating with the City to raise funds for renovating the playground at EI Rancho
del Rey Park by purchasing new equipment to replace deteriorating equipment in the parks.
STAFF RECOMMENDATION: That the Council support a community partnership to raise funds for
the playground renovation at EI Rancho del Rey Park,
BOARDS/COMMISSION RECOMMENDATION: The Parks and Recreation Commission, at their
February 27, 1997 meeting, voted 6-1-0 (Helton absent) to approve and support the staff recommendation
that the Council support an FY 97/98 Capital Improvement Program (CIP) project for a community
partnership to raise funds for the playground renovation at EI Rancho del Rey Park (Minutes are
Attachment "A").
DISCUSSION: Ms, Weidner, a resident in the neighborhood adjacent to EI Rancho Del Rey Park (site
map is Attachment "B") expressed concern over the condition of the playground equipment at this
neighborhood park. Her concerns are the equipment is old, in constant need of repairs, and is uninviting.
The Department evaluated Ms. Weidner's concerns and concur with her assessment of the equipment.
To extend the life of this playground and other playground equipment throughout the City: weekly
inspections are made to keep the equipment in a safe condition, equipment is annually renovated by
applying new paint, and immediate replacement of broken parts. Sometimes due to the age of equipment,
replacement parts are no longer available, In those cases, if the equipment is deemed unsafe, the
equipment is removed from the play area.
Ms. Weidner's proposal is to organize a neighborhood fund-raising campaign, apply for grants, and
solicit corporate sponsorship to raise a target goal of $28,000 to purchase and install new playground
equipment. Ms. Weidner is requesting the City enter into a partnership in this endeavor. The City's
contribution would include constructing a new playground enclosure, new sand, and new walkways to
comply with ADA accessibility, The Department is impressed with Ms. Weidner commitment to
complete this project. She is devoting many hours despite her busy schedule as an attorney.
[H:\hom.c\parksrec\AIl3 - PlyEquip.A13 - April 2, 1997] 1 /.2- /
u - >.JIL.... .I.'.La,µ VI. .L.I J.'-'U.I"',UV ......... .........., .I. ""'.Do. ............ -....,..._.
Item: 11-
Meeting Date: 04/08/97
The City share of this project would be approximately $25,000, Although funds are not appropriated in
the Department's CIP program to replace playground equipment at EI Rancho Del Rey Park, it would
be a wonderful opportunity to rejuvenate needed playground equipment at a reduced city cost.
The Department has completed two other needed capital projects through partnership arrangements with
community organizations, In 1994, a playground renovation project at Rohr Park was made possible
through a partnership with the Bonita Optimists who contributed $19,085 to purchase the equipment.
More recently, in November, 1996, renovation of the Eucalyptus Park upper parking lot was accelerated
with the American Legion's contribution of $18,400 or 40% of the project cost.
The Department's annual CIP program for replacement of old playground equipment in various parks has
identified the equipment in EI Rancho del Rey Park for future replacement. However, replacement of
EI Rancho del Rey' s equipment does not rank as high as other areas because the Department has been
able to maintain and repair this equipment in a safe condition, Replacement priority is given to parks
with high usage, condition of equipment, and the safety of equipment. The Department is renovating the
playgrounds at Eucalyptus Park and Lorna Verde Park in FY 96/97 because of the greater overall
community usage,
A new trust account would need to be established by the City Council to deposit funds that will be raised
by Ms, Weidner's efforts, Ms, Weidner's goal is to make the project a reality in FY 97/98.
FISCAL IMPACT: The Department's share to provide a new playground enclosure, walkways, and new
sand for playground will be approximately $25,000, A CIP project will be required for FY 1997-98 to
appropriate the City's share, The Department will be submitting a CIP proposal for EI Rancho del Rey
Park for consideration in the FY 97/98 CIP process, The total cost of project is estimated to be $53,000,
Attachment: "AI! _ Minutes of the February 27, 1997 meeting of the Parks and Recreation
Commission
"B" - Site Map of EI Rancho del Rey Park NOT SCANNI.D
[H:\home\parksrec\Al13 - PlyEquip.A13 ~ April 2, 1997] 2 /;¿~ cJ..
--- .-..-..---" -...-..............-.
ATTACHMENT "A"
CITY OF CHULA VISTA PARKS AND RECREATION COMMISSION PAGE 2
February 27, 1997
New Business
MSCU (Rude/Dennison) moved and seconded to move item C to A.
A. El Rancho Del Rey Play Equipment Partnership
Lauren Weidner presented to the Commissioners the El Rancho Del Rey Play Equipment
Proposal. Ms. Weidner proposed to the Department that the City develop a private/public
joint effort to try and rehabilitate this playground. The proposal is to install the equipment
that the City ultimately would put in the park. It's made out of plastic so there are no sharp
edges. With community efforts, the Chula Vista Hills PTA is involved in this project, and
different parents are donating their time to the project. It is proposed to do community fund
raising, and corporate and foundation fund raising, to purchase the equipment. The price
is approximately $26,000. The Commission is being requested to approve whatever funds are
necessary for the disabled access and the surfacing underneath the equipment, and also to
request that the City Council set up a trust fund within the Parks, Recreation and Open
Space budget. This would allow the committee to say to especially private foundations, who
have very particular requirements, where their granted donated money is going. The money
that is being donated for this project will be used solely for this project. Ms. Weidner does
have a commitment of $250.00 from a local car dealership in National City, and the Jack-in-
the-Box franchisee has agreed to do a fund raiser for a family fun day, and donating a
portion of sales, not only from that day, and but also the subsequent week. After this fund
raising, if the Department needs help in future fund raising, Ms. Weidner would be pleased
to continue her fund raising efforts.
MSCU (Rude/RaclitTe) to approve and support the StatTRecommendation: That the Parks
and Recreation Commission approve and support a 1997·98 Capital Improvement Program
(CIP) Project for a community partnership to raise funds for the playground renovation at
EI Rancho del Rey Park.
B. FY 96/97 Budget (Additional material to follow)
Director Jess Valenzuela will have more information in the March 20,1997 meeting.
C. CIP Evaluation Project (Additional material to follow)
The CIP Evaluation Project was not discussed at this time but will be in the March 20, 1997
meeting.
6. COMMUNICATIONS
A. Written Correspondence
B. Commissioners' Comments
Commissioner Dennison handed out pamphlets to the Commissioners regarding Senior
Services. /d,-,3
[a:\PRMTS97.FEB]
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ATTACHMENT "B"
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RESOLUTION NO. ) 8"¿'.2. 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE COMMUNITY
PARTNERSHIP TO RENOVATE EL RANCHO DEL REY
PARK'S PLAYGROUND
WHEREAS, the Parks, Recreation and Open space Department
has been meeting with Lauren Weidner, who is interested in
collaborating with the city to raise funds for renovating the
playground at El Rancho del Rey Park by purchasing new equipment to
replace deteriorating equipment in the parks; and
WHEREAS, Ms. Weidner's proposal is to organize a
neighborhood fund-raising campaign, apply for grants, and solicit
corporate sponsorship to raise a target goal of $28,000 to purchase
and install new playground equipment; and
WHEREAS, Ms. Weidner is requesting the city enter into a
partnership in this endeavor and the City's contribution would
include constructing a new playground enclosure, new sand, and new
walkways to comply with ADA accessibility at an approximate cost of
$25,000; and
WHEREAS, the Parks and Recreation Commission, at its
February 27, 1997 meeting voted to approve and support the staff
recommendation that the Council support a FY 97/98 Capital
Improvement Project for a community partnership to raise funds for
the playground renovation at El Rancho del Rey Park.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula vista does hereby support the community partnership
to renovate El Rancho del Rey Park's Playground.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks, Recreation and Open Space
c: \ rs\weidner
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APR-0S-97 TUE 09:45 DAR CONTRACTORS 4451106 P.0l
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,
D.A.R. CONTRACTORS r"~ R (¡;1-r~-' r: -·w r~
P.O. BOX 1666 ID is l"J l\ U Ii "
LAKESIDE, CA 92040 < I. .
1 'II'
(619) 390-8204 ~J -8 'IO¡
COUNCIL OFFICES I
4/8/97 CHULA VISTA. CA
City of Chula Vista
fax# 476-5379
re: Animal services - dead animal removal
Dear Mayor Horton and City Council members:
I understand you may be considering contracting out for your animal
services. I am a Government Service Contractor specializing in
dead animal removal. I am presently 'tInder contract wH:h the Countý
unincorporated, City of Santee, Cit¥ of Encinitas and I share the
contract with you for Lemon Grove (on the weekends).
I know you can't make'decisions without information. I cannot be
sure without knowing the åveragQ nttmber of animals picked up per
day how much a þroposal would be fo~ removal of dead animals from
your public Foads and properties but I can guesstimate about $700
per month +/- $100.
Using a private contractor would increase service to your citizens
OVer 300%. I base that on being open 365 days per year, 24 hours
per day, 7 days per week. We remove all animals within 24 hours
regardless of the day of the week' or holidays. Th<§'re is al eo
always someone here for people to talk to. Since I do have the
County contract, I often get calls for areas not under my
jurisdiction. I often have to refer your number to the people who
call me. The 2 main complaints I get is that either your phone is
busy for long periods of time or that a recording saying the
shelter is closed comes on during,. what should be; normal working
houre.
Other advantages of using a private ~ontractor is that I am solely
responeible for all labor, insurance, vehicles and their
maintenance, phone work involved in~receiving the orders, pick-up
and disposal of the animals as well as keeping all records. All
costs are covered by a. single monthly purchase order price. Having
the live and dead animal orders recsived separaté1y helps relieve
the presSUre of each department's staff concerning what they do.
In my case,'people are often angry, or saddened and I take the time
to talk to people and assuage their feelings.
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APR-08-97 TU~ 09:45 DAR CONTRACTORS 4451106 P.02
You may want to consider using a private dead animal removal
contractor even if you maintain your present system of live animal
control. 'l'his would eliminate transpor·ting dead (and possibly
diseased) animals with your live ones. It would also relieve your
staff of taking dead animal call.., picking them up, special
sanitizing procedures and the time involved in removing dead
animals, along with less fuel and tr1Íck maintenance. For less then.
the cost of a sin~le additional employee, you can get dead animal
removal service 365/24/7. This would also make citizens
happy...especially if there's a gooá smelly skunk on a hot summer
day killed on a Saturday afternoon and they have to wait until
Monday for 'it's removall . Adding tlíis service should be simple;
just add my - phone number to the opéning message saying "If the
animal is dead, call 390-8204, if the animal is alive, please stay
on the line...". .-
I hope you find this information useful and 1 hope you will
consider this informal proposal.
Re:;J:::::'J R~
Sandra S. Ramey - Owner
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