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Agenda Packet 1997/05/06
"'I decler. "nd.. penalty of perjury thet I em ,",ployed by the City of Chute Vista in ths Office of the City Clerk and that I p<)s1ed Tuesday, May 6, 1997 this Agende/Notlce on the Bulletin Boer>:! et Council Chambers 4:00 p.m. the Public S rvices Building and at City liall on " Public Services Building IfteT~D. S;,z -, SIGNED e ar 6fThe Cit of C Vista 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: April 22, 1997. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Barbara McAllister - Charter Review Commission; and Russ Hall - Economic Development Commission (Ex-Officio). b. Proclaiming the week of May I through May 7, 1997 as "Youth Week." Mayor Horton will present the proclamation to Bob Torok, Exalted Ruler of the Chula Vista Elks Lodge #2011, and Garry Hummel, Youth Activities Chairman. c. Pfoclaiming the month of May as "Elder Abuse Month." Mayor Horton will present the proclamation to Daniel Laver, Adult Protective Services. d. Proclaiming the month of Mayas "Older Americans Month." Mayor Horton will present the proclamation to Ignacio Valdovinos, Chair of the Commission on Aging. CONSENT CALENDAR (Items 5 through 13) The staff recommemilltions regarding the following items listed under the Consent Calemillr will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations 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 to the hest of his knowledge from ohservance of actions taken in Closed Session on 4/22/97 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. b. Letter from Rod Davis, Executive Director, Chamber of Commerce, requesting support in making this year's Harbor Days a two-day event and requesting attendance to make it a success. It is recommended that Council approve a two-day event, require the Chamber to hire private security for evening hours, and that the City provide in-kind Police services in the amount of an additional $5.000. c. Resignation from the Housing Advisory Commission - Barbara A. Worth. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. .-- ---- --- ,- ,---- Agenda -2- May 6, 1997 6. ORDINANCE 2707 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE REZONING .93 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF I-5 AND "H" STREET TO C-C (second reading and adoption) - This is a request for General Plan Amendment/Rezone and Specific Plan in order to change allowable land uses for a project site located at 720 and 730 "H" Street. Due to concerns of adjacent mobilehome park residents and to maintain previous guidelines aimed at enhancing the City's gateway, staff further recommends adoption of a Specific Plan to place restrictions on land uses allowed under the proposed C-C zone. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. RESOLUTION 18649 APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER - The Animal Sbelter is in need of repairs. Staff is recommending $30,000 be appropriated from unanticipated Animal Control Fee Revenues to RD205 Animal Shelter Capital Improvement Project. These funds will be used to build a cattery and repairs at the Shelter. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 8. RESOLUTION 18650 TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $50,000 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND - The City has unclaimed monies in the amount of $50,000 in the Cash Bond Deposit Fund. Government Code provisions specify that money which has remained unclaimed for three years may become property of the City after certain advertising requirements are made. This money is now eligible for transfer to the General Fund. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 18651 APPROVING THE DONATION OF A 1995 4-DOOR DODGE SHADOW SEDAN TO THE SENIOR VOLUNTEER PATROL PROGRAM FROM COX COMMUNICATIONS, 1Ne. - The donated vehicle will replace another vehicle currently being utilized that is in need of replacement do to mechanical problems. Staff recommends approval of the resolution. (Chief of Police) 10.A. RESOLUTION 18652 APPROVING CLOSURE OF TIDRD A VENUE FROM "E" TO "G" STREETS FOR THE THIRD A VENUE LEMON FESTIVAL ON JUNE 1, 1997, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT - The Downtown Business Association requests the closure of Third A venue for two 1997 promotional events. The first event is the Third Avenue Lemon Festival scheduled for Sunday, 6/1/97. The second event is the 35th annual Starlight Yule parade scheduled for Saturday, 12/6/97. Staff recommends approval of the resolutions. (Director of Community Development) B. RESOLUTION 18653 APPROVING THE CLOSURE OF THIRD A VENUE BETWEEN "D" AND "I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS ON SATURDAY, DECEMBER 6, 1997 FOR THE 35TH ANNUAL STARLIGHT YULE PARADE .----..-.---.-..- _._~_. -. '.- . ---.- --~-'------'--~".~-_.~-'-"~_._-_. --_.-._~-_.~--~ Agenda -3- May 6, 1997 11. RESOLUTION 18654 APPROVING AN AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING IN THE AMOUNT OF $25,000 WITH THE CHULA VISTA CLUSTER COORDINATING COUNCIL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - The Chula Vista Cluster Coordinating Council requested CDBG funding for the restoration of the County Insectary building located at 511 "G" Street in Chuta Vista. This restoration project will restore a significant agricultural historical building for multi-purpose educational use by the community while maintaining its historical agricultural use by the County of San Diego Department of Agriculture Weights and Measures. The requested $25,000 in CDBG funds will be used for the initial planning and design review phase of the project. Staff recommends approval of the resolution. (Director of Community Development) 12. RESOLUTION 18655 AUTHORIZING THE MAYOR TO EXECUTE A COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT WITH SDG&E FOR THE IMPLEMENTATION OF A COMPREHENSIVE ENERGY RETROFIT PROGRAM, PHASE III; APPROPRIATING FUNDS FROM THE LEASEIPURCHASE AGREEMENT IN THE AMOUNT OF $373,203.95; AND WAIVING PUBLIC WORKS BIDDING REQUIREMENTS - This is Phase III of the City's Energy Retrofit Program, which will include retrofitting six major facilities with higher energy-efficient heating, ventilation and air conditioning (H.V.A.C) equipment. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 13. REPORT THIRTY DAY STATUS REPORT ON THE ANIMAL SHELTER - Staff recommends that the update for IOn1!-raDlle o1anninl! on the animal shelter be delaved aooroximatelv two weeks. (Chief of Police) ADJOURNMENT TO REGULAR AND/OR 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. --.....-.-......- __u._.^__ -",--.<- - ~_._._- Agenda -4- May 6, 1997 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 üem, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. 14. PUBLIC HEARING PCA 97-03; CONSIDERING AMENDMENT TO SECTIONS 19.64.150 AND 19.64.155 OF THE MUNICIPAL CODE TO ALLOW FOR RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS - CITY INITIATED - Council recently received written and oral comments from residents wishing to secure financing of residential properties which are classified as nonconforming based on zoning and/or density and therefore have reconstruction limits if partially or completely destroyed. This is to amend the Municipal Code in order to eliminate damage percentage restrictions related to reconstruction of these nonconforming residential units. These provisions would not apply to properties zoned Industrial. Staff recommends Council place the ordinance on first reading. (Director of Planning) ORDINANCE 2708 AMENDING SECTIONS 19.64,150 AND 19.64.155 OF THE MUNICIPAL CODE TO ELIMINATE DAMAGE PERCENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS WITHIN THE CITY (first readin!!) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the 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 staffrecommemilltions may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. 15. RESOLUTION 18656 AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE A LEASE-PURCHASE PLAN FOR THE PURCHASE OF (1) A PUBLIC SAFETY COMPUTER AIDED DISPATCH AND MOBILE DATA TERMINAL SYSTEM, (2) AN 800 MHZ COMMUNICATION SYSTEM, AND (3) MISCELLANEOUS HEATING AND AIR CONDITIONING EQUIPMENT - Approval is requested for a lease-purchase financing agreement with CaLease Public Funding Corporation for the purchase of a public safety computer aided dispatch and mobile data terminal system from Unisys Corporation, an 800 MHz communication system from Motorola, Inc., and miscellaneous heating and air conditioning equipment for the retrofit program partially sponsored by San Diego Gas and Electric Company. Staff recommends approval of the resolution. (Deputy City Manager Krempl and Director of Finance) Agenda -5- May 6, 1997 16.A. RESClLUTIClN 18657 APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 96-01 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS - As a preliminary step in the assessment district proceedings it is necessary to request that Council pass resolutions approving the proposed map boundary, ordering the installation of the improvements and setting public hearings on the resolution of intention to form the assessment district. Staff recommends that Council approve the resolutions and set the public hearings for 7/8/97 and 7/15/97 at 6:00 p.m. (Director of Public Works) B. RESOLUTION 18658 ORDERING INST ALLA TION OF IMPROVEMENTS ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96- 01 PURSUANT TO THE BLOCK ACT OF 1911 17. RESOLUTION 18659 APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED WITH TRAFFIC SIGNAL RELOCATION AT 397 "E" STREET - The owner of the property at the northeast corner of Fourth A venue and "E" Street, plans to build a dental facility. As part of this development, he is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the comer. Staff is requesting that Council authorize the reimbursement to the property owner for the cost of this relocation out of the Traffic Signal Fund. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. ITEMS PULLED FROM THE CONSENT CALENDAR This is the lime 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 18. CITY MANAGER'S REPORTCS) a. Scbeduling of meetings. b. Presentation of CIP budget. 19. MAYOR'S REPORTIS) 20. COUNCIL COMMENTS -....-. -.--"--..-------..-.----..,.----.----.--- Agenda -6- May 6, 1997 ADJOURNMENT The meeting wiii adjourn to (a closed session and thence to) the regular City Council meeting on May 13, 1997 at 6:00 p.m. in the City Council Chambers. A joint meeting of tbe City Council/Redevelopment Agency will be held immediately following the City Council meeting. - -,..._----_.~.----_.._-_. ------ ------. ...-.-......-- -.---..----. - --,.-.--.,----..--..- ,..-,---.--------.-- .. declare wnder penalty of perjury that I am employed by the City of Chuls Vista in the . Tuesday, May 6, 1997 Office of th C't CI k' . CouncIl Cbambers 4 00 e I y ar and tl1at I posted bl' . .. : p.m. this Agenda/Notice th B' Pu IC ServIces BuIldmg (immediately following tbe City Coun~~ . on. e ulletm Board at )-,l;.7'cea Building and at City Hall on DATED.; :2 :'? SIGNED d~~ :" Citv of Chula Vista City Council CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City MaMger or the City CouncU states otherwise at this time, the Council will discuss and deliberate on the foliDwing items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of fiMI action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping wUl be tenniMted at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be avaiiJJble in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 . Claim of Steve Griffm. . USA v. the City of San Diego. 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 ..._-"-. .."..-. --..--.,---" ---.-.-----.--.--- April 16, 1997 MEMO TO: Carla Griffin, City Clerk's office FROM: Patricia salvaciori;' Mayor/Council office SUBJECT: SPECIAL ORDERS OF THE DAY - MAY 6, 1997 Please docket the following proclamation for the 4 pm meeting on May 6, 1997: PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 7 AS YOUTH WEEK Bob Torok, Exalted Ruler of the Chula Vista Elks Lodge #2011 and Garry Hummel, Youth Activities Chairman will be accepting the proclamation. Thank you. 'I þ-! - -- _..._--"._.._---,----' ,._.._---~~_.._-,~--^._-_.,..._._._-_.__.._"._.- __OM April 4, 1997 MEMO TO: Carla Griffin, City Clerk's office FROM: Patricia salvaCiO~MaYOr/council office SUBJECT: SPECIAL ORDERS OF THE DAY - MAY 6, 1997 Please docket the following proclamation for the 4pm meeting on May 6, 1997: PROCLAIMING THE MONTH OF MAY AS ELDER ABUSE MONTH Mr. Garrett Dettling, of Adult Protective Services, will be accepting the proclamation. Thank you. 1/c-/ -----._- - ---..... ------~~.._-_. COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 05/06/97 ITEM TITLE: PROCLAMATION: Proclaiming Mayas Older Americans Month SUBMI'ITED BY: Director of Parks, Recreation and Open spa~/ Older Americans Month has been celebrated each May since the passage of the Older Americans Act in 1965. The purpose of Older Americans Month is to heighten awareness of services and programs offered to older Americans, and improve participation in healthy, active lifestyles by Americans of all ages. It is also the month that the nation takes time to acknowledge and celebrate the achievements and contributions of its older citizens. The month long festivities in Chula Vista will begin on May 1, 1997, at a potluck and special program at Norman Park Senior Center. The featured event of the month is the "Memories" reception scheduled for May 8, 1997. The reception will include recognition of local centenarians, the presentation of the Senior Service A ward to Vera Shorey for her seven years as a dedicated volunteer, and a video presentation highlighting the lives of eight local seniors. Seniors honored this year are: Maggie Helton, Arlene Fechter, Lind Zirk, Marshall Madison, Don and Penny Berridge, Dean Leonard, and Marie Scrivener. The Proclamation will be accepted by Ignacio Valdovinos, Chair of the Chula Vista Commission on Aging. [Network:Jb:97COADisk-eouncil.047] ¿¡ c{-- ) -..---..--.-.-...-"'" - .".,--"'--"-'-"'."-"-- ___h__ PROCLAIMING mE MONTH OF MAY AS OLDER AMERICANS MONTH IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, May is the month that the nation takes the time to acknowledge and celebrate the achievements and contributions of its older citizens; and WHEREAS, the purpose of Older Americans Month is to heighten awareness of services and programs offered to older Americans, and improve participation in healthy, active lifestyles by Americans of all ages; and WHEREAS, Chula Vista has achieved its growth and excellence, in large part, through the wisdom and labor of our elder citizens; and, WHEREAS, it is fitting that the City join with the County, State, and the Nation in paying tribute to older citizens: NOW, THEREFORE, I, SIllRLEY HORTON, Mayor of the City of Chula Vista, California, do hereby proclaim the month of May ] 997 as OLDER AMERICANS MONTH throughout the City of Chula Vista and commend all of our older citizens for those contributions so generously given to their community. [jb:97COADisk:proc.OS7} 7t/-~ -- -,_...~.. - . - "'.'-,---'- -- --_.__...-.-__.._-_.__._~---~- ~~~ 2~~ ~~~~ .......~~~ CIW Of CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: April 23, 1997 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorne~~ Re: Report Regarding Actions Tak n in Closed Session for the Meeting of 4/22/97 The City Council met in Closed Session to discuss the Claim of Mike Medrano and Divinagracia v. City of Chula vista. The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the city Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clossess.no ~// 276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 t,b f'a:¡ -<:.onunirRilt)œdPapr -- ______.,_~..__.~M._'_________'____·______ - . ~ . \ , \ NOT SCANNED May 1, 1997 TO: The Honorable Mayor and City Council FROM: John D, Goss, City Manageró SUBJECT: City Council Meeting of May 6, 1997 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, May 6, 1997. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 4/22/97 in which the City Attorney participated, there were no rreportable actions which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from Rod Davis, Executive Director of the Chamber, requesting support in making this year's Harbor Days a two-day event and requesting Council attendance to make it a success. For a number of years, the possibility of expanding Harbor Day into a weekend event has been discussed. After its tenth successful consecutive year, the Chamber of Commerce would like to expand the City's most successful one-day event into a two-day weekend event beginning in September 1997. The Chamber is not asking for any additional direct funding from its major sponsors -- the City and the Port District. In fact, many of the costs will be the same whether the event is scheduled for one or two days. For example, the costs would not increase for items such as print advertising; development of flyers and posters; and rental of barricades, canopies, stages and portable toilets. However, as Mr. Davis points out, the cost of some in-kind services would increase as a result of making Harbor Days a weekend event. The largest of these would be the cost to the City of providing Police Department services, primarily for traffic control. Since this would be the first year for a two-day event, and it is impossible to estimate the crowd per day, the Police Department would require the same staffing for both days. For a number of years, the City has budgeted $13,000 for Harbor Day, with only $1,000 going toward reimbursement of personnel costs. The $12,000 -- part of the total Harbor Day budget of almost $80,000 -- went to the Chamber of Commerce to produce the event and was used for costs including entertainment, advertising/marketing, rental of equipment, insurance, private security and other related costs. In FY 1996-97 the Police Department staffing for the event included one sergeant, one agent, nine officers, one - -+-..-----....+..------.....------..--.- parking control officer, one community service officer and one reserve officer. Using the Department's regular overtime rates the cost was approximately $5,000 (about $10,000 with full cost recovery), with the majority paid for from the Police Department's Patrol overtime account. In addition, this staffing was augmented, at no cost, with 10 Chula Vista Explorers, seven National City Explorers and three Senior Volunteer Patrol officers. Staff concurs with the Chamber that a two-day event will be beneficial to the City. To support a two-day event, staff recommends that the Chamber be required to hire private security to patrol the venue during the evening and night hours. It should be understood that an additional $5,000 will need to be absorbed in the Police Department overtime budget, which is expected to be in excess of $782,000 in 1997-98. IT IS RECOMMENDED THAT THE CITY COUNCIL APPROVE A 1WO-DA Y EVENT, REQUIRE THE CHAMBER TO lITRE PRIVATE SECURITY FOR EVENING HOURS, AND THAT THE CITY PROVIDE IN-KIND POLICE SERVICES IN THE AMOUNT OF AN ADDffiONAL $5,000. 5c. IT IS RECOMMENDED THAT BARBARA WORTH'S RESIGNATION FROM THE HOUSING ADVISORY COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LmRARY. JDG:mab ._-_.,-",--.._.'----"- . . -- '. -----. RECEIVED 4-16-199ï 12, 35Pt·1 FROt.1 Cv CHAt18ER C0t.1t·1ERCE 6194201269 P.2 V7 821 A9 :20 ~-'-'---'''l I :. ~p OF CHUŠA VIST¡' , . I Y CLERK' OFFICE CHULA VISTA CHAMBER OF CÖMMERCE I ACCREÞITEÞ ~_~ua: ~_~OIU. .' ~e,"O .n .....,...."..,.,.. April 16, 1997 ill Œ & Œ n W Œ Ai AN INVESTMENT IN THE FUTURE The Honorable Shir ey Horton ;. 16'--- b Mayor City of ChuJ:. Vista and Members of the City Council COUNCil OfFICES 276 Fourth Avenue CHOlA VISTA CA BOARD OF DIRECTORS ChuJa Vista, CA 91'110 President Dave Ward I)Þ..ar Mayor Horton and Members of the City Council: President Elect This is the Ch, :rn.ber' s t/Urd vear to host Harbor Davs. Over the vears, we Brad Wilson . -- have been very plea;OO with the community's response to and support of the event. Vice Presidents: It is our pleas Ire to announce that we have retained the services of Bayfair JoAnne Clayton 10 produce Harbor I'ays this year. We an: very excited about the new outlook and Jose Doria posiúve energy that Jim Kidrick. our event producer. is bringing to the event. Dan Higgins Bob Thomas We are also ex :ited because we would like to have Harbor Days be a two- day event. We do DC t intend to ask for any additional moneys from either the City Members: or the Port. We feel we can bring an even more successful event to the Chula Renee Bardwell Vista Yacht Harbor .f it were for two days and if it were within the budgetary Tom Davies support that is curre: ltly available. Of course, there will be a small increase in both Patti Davis the Port and City's j a-kind seI\·ices. Susan Hemey We estimate tb 3t we will draw 100.000 people if we make Harbor Days a Kevin Kreutzer rn,'o-day event. We ¡ Ie asking for your support jn making this a two-day event Tom McAndrews Berta Mensik and for your attenda Jce to make it a success. Len Moore Scott Mosher Sincerely, Fran Muncie Chula Vista Chambt r of Commerce Gary Nordstrom Robert Penner, MD -~ Ben Richardson Frank Scott Pas! President Chris Lewis RFD:ce Executive- Director Rod Davis cc: John Goss George Krempl Cc:; tfg :¡~(¢) WRITTEN COMN\U¡¡~~ltA·rIONS »_ . ~Ø/1? o",' %5cf' . / _.._-----,_.._--,.....,,.-- -.--- RECEIVED ." ,. 23 P2 :31 ~tY OF CHU~A VIST~. April 23, 1997 Y CLERK' OFFICE Honorable Mayor Shirley Horton and City Council Members 276 Fourth Avenue Chula Vista, CA 91910 Dear Honorable Mayor Horton and City Council Members: It is with regret that I must resign my Housing Advisory Commission membership as I will be moving out of the City of Chula Vista. My last Commission meeting I will be attending is April 23, 1997. Thank you inadvance for the opportunity in serving on the Housing Advisory Commission. Sincer Iy, / 4::~~ ,(; Ii J,'r/{ t7(:; Barbara A. Worth Commission Member cc: City Clerk Juan Arroyo, Housing Coordinator CC~ WRITTEN COMMUNICATIONS (0 Þ ~fl/ 0JÄ¿; ?/ JG~/ -- -~~,_._~.....~ ..".._--_._.,~".,--.-_..-.. I' /~ ORDINANCE NO. ;;7 tJ ? ~<i' ~ ~\ ~ ~ fð..~ 9-~' AN ORDINANCE OF THE CRULA VISTA CITY CO~fL . AMENDING THE ZONING MAP OR MAPS ESTABLI ~ BY ? SECTION 19.18.010 OF THE CHULA VISTA MUNI~ CODE REZONING .93 ACRES LOCATED AT ~ UTHEAST QUADRANT OF 1-5 AND H STREET TO C-C ~'/ WHEREAS, a duly verified application for a rezoning of a .43 acre site was filed with the Planning Department of the City of Chula Vista on January 16, 1997 by Barron Land LLD., and WHEREAS, the City of Chula Vista has expanded the project area by an additional .5 acres to include the property directly adjacent to the east resulting in a .93 acre project site requesting approval of a rezone from C-C-P (visitor Commercial) to C-C (Central Commercial), and . WHEREAS, the Planning Commission held a public hearing on April 9, 1997 and voted ffLto.J2to recommend that the City Council enact an ordinance to rezone said Property to C-C (Central Commercial); and WHEREAS, the City Council set the time and place for hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., Yi~ /P in the Council Chambers, 276 FouT!h Avenue, before the City Council and said heariEg as thereafter closed; and . WHEREAS, the Environmental Review Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS 97-16. WHEREAS, section 19.18.010 of the Municipal Code authorizes changes to the City of Chula Vista Zoning Map; and NOW, THEREFORE the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: Environmental The City Council finds that the project would have no significant environmental impacts and adopts the Negative Declaration issued on IS 97-16. ..- 6 --j --~.__..- ---,-_.__._,~" SECTION II: Findings , The City Council finds that the rezoning is consistent with the City of Chula Vista General Plan as amended concurrently and Specific Plan known as the "Gateway Plaza Specific Plan" as added concurrently with this action and that the public necessity, convenience, general welfare, and good zoning practice support the rezoning to CoCo SECTION III: Rezoning The City of Chula Vista Zoning Map is hereby amended to rezone the Property to C-C "Central Commercial" as shown on the Exhibit attached hereto. Presented by Approved as to form by ~~~ Robert A. Leiter John M. Kaheny Director of Planning City Attorney (h: \home\planning \jefficcresp\rez.gat) - - - ¿ ---;:¿ c: "~-.,--.--,.".---,.---,._..,_..-.--...--~,-"~..-._._-,. COUNCIL AGENDA STATEMENT Item 7 ) f5? 1/ Meeting Date 05/06/97 ITEM TITLE: RESOLUTION APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER ""'- ~ ,Æ{ SUBMITTED BY: Chief of Police~l- REVIEWED BY: City Managerg (4/5ths Vote: Yes..x.. No_) At it's Council meeting of April 8, 1997, Council directed staff to identify funds to build a cattery and make necessary repairs at the Shelter within 30 days. Staff is recommending $30,000 be appropriated from unanticipated Animal Control Fee Revenues to GG 158 Animal Shelter Capital Improvement Project. These funds will be used to build a cattery (estimated at $24,000) and purchase cages ($6,000) for the cattery. RECOMMENDATION: Approve the Resolution appropriating $30,000 of unanticipated Animal Shelter Fee revenue for construction of a cattery, and purchase of cages at the Animal Shelter. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: During the past several years additional workload demands have been placed on the Animal Shelter kennel and staff due to the growth of Chula Vista and contractual animal control services. The plans to build a new facility in the early part of the nineties did not take place due to an economic downturn, other demands (amphitheater, waterpark) for the property originally expected to house the Corporation Yard and Animal Shelter. At its April 8, 1997, Council meeting, Council directed staff to identify funds (including private donations) to build a cattery and make necessary repairs within 30 days. In response, staff has worked with the Shelter's community support group, People Empowering the Shelter (PETS) and the community to identify private donations. As a result we have received a tremendous amount of interest in the form of volunteers at the Shelter, but cash and construction, labor or material donations have not materialized. To date, we have received approximately $6,700 in donations which have been earmarked for installation of metal sides in cages. Staff is in the process of preparing a Council Agenda Statement to accept and appropriate the donations. In the interim, several donation piedges have been withdrawn based on a perception that the City has not appropriated any funds to build a cattery or make necessary repairs. Based on the lack of sufficient private donations to build the cattery and make necessary repairs, staff has identified funds to create a CIP project (GG 158), to build the cattery and make necessary repairs this fiscal year. In the event that private donations materialize, staff recommends purchase of additional cages for the cattery. In the event donations are significant, staff will return to Council with an 7~/ Page 2, Item L Meeting Date 05/06/97 alternate plan. In the meantime, staff recommends avoiding further delays and proceeding with the $30,000 appropriation. DISCUSSION: This Resolution is proposed to meet the immediate demands for a separate room for cats to be built adjacent to the present kennel area, and purchase some cages. Using existing CIP funds ($4001. staff has hired an architect to draw plans for construction of a cattery. Once the drawings have been completed, staff intends to solicit construction bids and return to Council for award of contract. The proposed cattery would meet the County Code, 62.645.12(dl. requirement to house the cats in a separate primary enclosure from the dogs, The total cost of the separate room for cats, metal sides and heaters has been estimated to be approximately $30,000. Staff recommends appropriating $30,000 from unanticipated Animal Shelter Fee revenues. The additional unanticipated funds were identified during the course of preparing third quarter revenue estimates. The proposed appropriation will provide the funding necessary to build a separate room for the cats. Additional cages will probably be necessary, however, staff recommends waiting for private donations to materialize. Other repairs in progress at this time include repairing the cracked cement floor, adding solid metal walls around each cage and additional heating sources. Funding for these additional repairs has been identified, and requires no further action by Council. Additionally, staff is evaluating alternatives to provide health screening evaluations for the animals at the Shelter. This issue will be addressed in a separate follow-up report to the Mayor and Council. Staff's recommendation is supported by the community support group, People Empowering the Shelter, (PETS) assembled for the purpose of helping with the overall conditions at the Animal Shelter. FISCAL IMPACT: Staff is recommending $30,000 be appropriated from unanticipated revenues in Account 3751 Animal Shelter Fees to GG 158 for construction of a cattery and purchase of cages. This account is a General Fund revenue account. All fees collected support the General Fund. In FY 96-97 the Police Department projected $155,574 in revenues to the General Fund from Animal Shelter fees, Based on a total of $145,547 in Animal Shelter fee revenues received to date, projected revenues for FY 96-97 have been revised to $170,000. This is the figure used by Finance to determine the year-end balance to the General Fund. Another $30,000 from payments for contractual services will be received before year-end for a total revenue estimate of $200,000. While these revenues can be used to support the General Fund, staff recommends that the additional $30,000 be used to construct a cattery and purchase cages at the Animal Shelter. (iq) C:\wp51\scs\a113s\ashelter.113 [May 1, 1997 (2:21pml] 7- ;2, -,..----.....- '--"~-'-"- RESOLUTION NO. /Ycf-iC¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,000 OF UNANTICIPATED ANIMAL CONTROL FEE REVENUE FOR CONSTRUCTION OF A CATTERY AND PURCHASE OF CAGES AT THE ANIMAL SHELTER WHEREAS, County Code 62.645.12(d) requires cats to be housed in a separate primary enclosure from the dogs; and WHEREAS, the cost of the separate room for cats and related Animal Shelter repairs has been estimated to be approximately $30,000; and WHEREAS, staff recommends appropriating said funds from unanticipated Animal Shelter Fee revenues. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $30,000 from unanticipated revenues in Account 3751 Animal Shelter Fees to GG 158 for construction of a cattery and purchase of cages at the Animal Shelter. Presented by Approved as to form by Richard P. Emerson, Chief of M. Kaheny, Police C:\rs\cattery 7~3 - -.- "-.,.._-- .- .-.. .-. --..~-_..- ------.._-~_._----_.-- COUNCIL AGENDA STATEMENT Item ~ I~~Ø Meeting Date 05/06/97 iTEM TITLE: RESOLUTION TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $50,000 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND. Bc-/ SUBMITTED BY: Chl~ ,f P,II" vf ~ Director of Finance' REVIEWED BY: City Manager~ ~ (4/5ths Vote: Yes..x. No_' BACKGROUND: Currently the City has unclaimed monies in the amount of $50,000 in the Cash Bond Deposit Fund. This money was deposited by the Police Department in accordance with Article 3, Section 50050 of the Government Code. According to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. This money is now eligible for transfer to the General Fund and with the approval of the City Council. RECOMMENDATION: That the City Council authorize the Director of Finance to deposit $50,000 of said monies in the General Fund of the City. BOARDS/COMMISSIONS RECOMMENDATION: DISCUSSION: Unclaimed property includes primarily cash confiscated during arrests which has remained unclaimed for over three years. The Police Department has not received any verified claims for recovery on any of the money to date and, therefore, recommends the transfer of $50,000 to the General Fund. According to the Government Code Section 50051, these funds may become the property of the City after a 3-year period and on a designated date not less than 45 days or more than 60 days after the first notice in the newspaper. Items less than $10 in amount may be transferred without publishing a notice. FISCAL IMPACT: The net result of this transfer will result in $50,000 in revenues to the General Fund. These revenues are currently budgeted. As a result, there is no net impact to the General Fund. (iq) C:\wp51\scs\a113s\ccompute.113 IApril23, 1997 (10:03am)] 2j~/ -~ ------.-------. -- '. -""---'-'-' --~,--- RESOLUTION NO. J!š¿SV RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $50,000 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND WHEREAS, currently the City has unclaimed monies in the amount of $50,000 in the Cash Bond Deposit Fund; and WHEREAS, the money was deposited by the Police Department in accordance with Article 3, section 50050 of the Government Code; and WHEREAS, according to Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met; and WHEREAS, the money is now eligible for transfer to the General Fund with the approval of the City Council. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby transfer unclaimed monies in the amount of $50,000 from the Cash Bond Deposit Fund to the General Fund. Presented by Approved as to form by Richard P. Emerson, Chief of ney Police C:\rs\cashbond ?~ c2, .-----.. .-.-.---....---. V COUNCIL AGENDA STATEMENT Item 9 Meeting Date May 6. 1997 ITEM TITLE: Resolution /? Þ'~pprOving the donation of a 1995 4-Door Dodge Shadow Sedan, to the Senior Volunteer Patrol Program, from Cox Communications, Inc. SUBMI'ITED BY' cmofOfPoli~ ~] REVIEWED BY: CitYManager~ ~ ___ (4/5ths VOTE: YES_ NO.x.) In support of the Senior Volunteer Patrol (SVP), Cox Communications, Inc. has donated a vehicle for use by the SVP. RECOMMENDATION: That the City Council approve and accept the donated vehicle. BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: The Senior V olì.mteer Patrol is an established volunteer organization within the police department. Currently, 89 member volunteers staff the program, which was established in 1994. In addition to walking patrols in the city's commercial districts, the volunteers patrol in marked SVP vehicles. Vehicles are also necessary to conduct vacation house checks and You Are Not Alone checks, as well as transport members to and from traffic control situations, the two storefronts utilized by the program, and other duties. The SVP program operates three shifts per day, with one to two, two- person teams, per shift. There are currently six vehicles allocated to the program; all were provided by the city. The vehicle, a white, 1995 Dodge Shadow 4-Door Sedan, with approximtely 56,000 miles, donated by Cox Communications, Inc., is for the specific purpose of enhancing the Senior Volunteer Patrol Program. This vehicle replaces one of the six vehicles currently utilized; the light-bar and radio equipment for the donated vehicle will be transferred ITom the current vehicle to the donated vehicle. The existing vehicle had mechanical problems when the vehicle came into the SVP fleet. The costs for repairs to the existing vehicle will be avoided by this donated replacement. FISCAL IMPACT: Over the past 12 months, the average SVPP fleet costs were $6,708 for labor and materials and $9,204 for fuel, totaling $15,912. These funds are currently budgeted in Police Investigations Vehicle Maintenance account. As a result, there will be no net impact to the General Fund. Furthermore, the costs for repairs to the existing vehicle will be avoided by this donated replacement (estimated repairs $1,200). 9-/ " -.-.-..-- ----_..,.._---_._._~- RESOLUTION NO. /~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DONATION OF A 1995 4-DOOR DOGE SHADOW SEDAN TO THE SENIOR VOLUNTEER PATROL PROGRAM FROM COX COMMUNICATIONS, INC. WHEREAS, Cox Communications, Inc. has donated a white, 1995 Dodge Shadow 4-door Sedan, with approximately 56,000 miles, for the specific purpose of enhancing the Senior Volunteer Patrol Program; and WHEREAS, the vehicle will replace one of the vehicles currently utilized, keeping the Senior Volunteer Patrol vehicle fleet to a total of six vehicles. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the donation of a 1995 4- door Dodge Shadow Sedan to the Senior Volunteer Patrol Program from Cox Communications, Inc. Presented by Approved as to form by Richard P. Emerson, Chief of Police C:\rs\sedan.cox 9-~ --.,. -----,..-. -- ------"_.._._."-",-,-_.'--,,.--- -~ ________._u COUNCIL AGENDA STATEMENT Item /¿;J Meeting Date 05·06·97 ITEM TITLE: Resolution / g-¿"þ...2APproving Closure of Third Avenue from "E" to "G" Streets for the Chula Vista Third Avenue Lemon Festival on June 1, 1997, Waiving Sidewalk Sales Ordinance, and Waiving Business License Taxes for Downtown Business Association and Vendors Participating in Event Resolution J g- ¿53 Approving Closure of Third Avenue Between "D" and "I" Streets, "H" Street Between Second and Fourth Avenues and Portions of Intersecting Streets on Saturday, December 6, 1997 for the 35th Annual Starlight Yule Parade SUBMItTED BY' C'~"" '.....mM' fE! C S ' REVIEWED BY, c"' M."q.Jj ~) 14j5""œ ..._ ..L BACKGROUND: The Chula Vista Downtown usines;;ssociation (DBA) requests the closure of Third Avenue for two 1997 promotional events. The first event is the Chula Vista Third Avenue Lemon Festival scheduled for Sunday, June 1. 1997. It is requested that Third Avenue be closed between "E" and "G" Streets from 6:00 a.m. to 8:00 p.m. Festival activities will include live entertainment along with approximately 150 to 200 arts, crafts, and food booths. The second event is the 35th annual Starlight Yule parade. The DBA requests that Third Avenue be closed between "D" and "I" Streets, "H" Street be closed between Second and Fourth Avenues and portions of intersecting streets be closed on Saturday, December 6, 1997 from 3:00 p.m. to 9:00 p.m. The street closures have the same boundaries as approved in past years and they have been coordinated with staff from Public Works, Parks and Recreation, Transit, Engineering, and the Police Department. RECOMMENDATION: That the City Council adopt a resolution which: 1. Approves the closure of Third Avenue from "E" to "G" Streets and adjacent side streets to the alleyway on June 1, 1997, subject to conditions listed in Exhibit A of the resolution, 2. Waives the City's sidewalk sales ordinance, 3. Waives business license taxes for the DBA and vendors taking part in the event; and, 4. Approves the closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and other east-west streets that intersect Third Avenue between "D" and "I" Streets on Saturday, December 6, 1997 for the 35th annual Starlight Yule Parade subject to conditions listed in Exhibit 1 of the resolution. BOARDSICOMMISSIONS RECOMMENDATION: Not Applicable I cP--1 ._'.",-,. .n._.___..'.~.._._."_. -_..,,------_..._.~.-_.__._--_._--_._-_._---- Page 2, Item / D Meeting Date 05-06-97 DISCUSSION: June 1. 1997 . Chula Vista Third Avenue lemon Festival The Downtown Business Association (DBA) is requesting the following: · The closure of Third Avenue between "E" and "G" Streets on Sunday, June 1, 1997 from 5 a.m. to 8 p.m.; and, · A waiver of sidewalk sales ordinances; and, · A waiver of business license taxes for DBA and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's specifications. The City's transit system also will be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "G" Streets remain passable for traffic. The DBA is aware of this stipulation and will abide by it. In order to control noise levels and avoid excessive noise, the DBA has agreed to limiting the hours of band performances and monitoring locations and noise levels of live entertainment (see condition #4). The DBA has requested that the business license tax for promotional events be waived for the Festival. The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that each vendor have a Chula Vista business license. (The cost would be $12.5D for any vendor without a current City business license.) In the past, the City has waived the business license tax for the DBA and vendors taking part in the one day event in order to encourage participation. The rationale for waiving the fee is that the Festival is expected to attract several thousands of people to the Chula Vista Downtown area which will promote the downtown businesses. The resulting effect will be the generation of additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the 1997 Festival, staff recommends the waiver. It is recommended that the City Council approve the street closure for the Chula Vista Third Avenue lemon Festival subject to conditions listed in Exhibit A of the resolution. December 6, 1997 - Starliaht Yule Parade The DBA is requesting the closure of Third Avenue between "D" and "I" Streets and "H" Street between Second and Fourth Avenues. The parade route will be along Third Avenue between "E" and "H" Streets. "H" Street between Second and Fourth Avenues. Third Avenue from "H" To "I" Streets will be used for pre-parade staging and Third Avenue north of "E" Street will be used for bus parking and parade debarkation. All ather east-west streets that intersect Third Avenue between "D" and "I" Streets will be closed at the nearest paint of detour /¿;~Ä - ~ --.-.. ..,-".,_._---~-- Page 3. Item J.Q Meeting Date 05-06-97 to Third Avenue. Second and Fourth Avenue will remain open to traffic at all times during the event. Chula Vista and San Diego Transit buses will continue to run during the street closure, but, they will run on advertised detour routes. The parade is scheduled to begin at 5:30 p.m. and will end no later than 9:00 p.m. Street closures will be staggered and will begin around 3:00 p.m. when staging for the parade is planned to begin. The DBA will be required to send notices to all businesses and residences located along the street route. Other conditions of approval include provisions for insurance, a Hold Harmless agreement, sanitary systems, and posting of no parking signs. It is recommended that the City Council approve the street closure for the Starlight Yule Parade subject to conditions listed in Exhibit 1 of the resolution. FISCAL IMPACT: The City will incur the administrative costs of processing this request. The DBA has requested that the business license taxes be waived for the festival. The taxes involved are a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating vendor that does not currently have a Chula Vista business license. By waiving these taxes, the City will forego approximately $900 in fees. On March 3, 1997, the City Council approved a budget to provide public services for the festival. The City Council will consider a request for public services for the parade during the 1997-98 budget sessions. City staff services for each event include: Police services for crowd control and traffic control $ 3,100 Parks personnel trash clean·up 240 City portable stage, PA system, folding chairs, delivery set·up, removal 270 Public Works barricades, traffic control equipment, delivery & removal 1.400 $5,010 (PB) H:\HOMEICOMMDEV\STAFf.REPI05·06·97\3RDClOSE [April 30, 1997 (9:34am)] I ¿;:J J .--"" .··___.0". ------".._--------- RESOLUTION NO. /nf~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON JUNE 1, 1997, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971 which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets including adjacent side streets to the alleyway in order to conduct the 1997 Chula Vista Third Avenue Lemon Festival on June 1, 1997; and WHEREAS, the DBA has requested a waiver of the City's Sidewalk Sales Ordinance so that the DBA can conduct the 1997 Chula Vista Third Avenue Lemon Festival; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 1997 Chula Vista Third Avenue Lemon Festival. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" to "G" Streets on June 1, 1997 for the purpose of the DBA conducting the 1997 Chula Vista Third Avenue Lemon Festival subject to the conditions listed in Exhibit A, attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Sidewalk Sales Ordinance so that the DBA can conduct the 1997 Chula Vista Third Avenue Lemon Festival on June 1, 1997. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Tax for the Downtown Business Association and all vendors taking part in the 1997 Chula Vista Third Avenue Lemon Festival on June 1, 1997, which would otherwise be required to be paid in connection with that event. Presented by Approved as to form by ~ ç~ Chris Salomone -=-. Director of Community Development /~4--/ -~...__.. _..~ EXHIBIT A CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department; 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping; 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be undertaken seven days prior to the event date; 4. The DBA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level; the DBA will undertake the following measures in order to implement this condition: A) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. B) A plan showing the location of the performing stages will be submitted for Community Development staff review and approval prior to the event. C) . All band performances shall be limited to the hours of 10 a.m. to 6 p.m. 5. In order to meet the requirements of the Fire Marshall, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshall has required that all food-cooking vendors have a 2A 1 OBC-type Fire Extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general liability insurance in the amount of $2 million, in the form of a certificate of insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista Redevelopment Agency as additional insured; and 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. [(PS) H:\HOME\COMMDEV\RESOS\ClOSE3RD.RES (May 1,1997 (10:06am)! /¿f)~ ~ c2 ^ ~--_...--_.- -----.-.__.._-----_.~_.,.~-_.~._-- RESOLUTION NO. /g-~..5'Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE BETWEEN "D" AND "I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS ON SATURDAY, DECEMBER 6, 1997 FOR THE 35TH ANNUAL STARLIGHT YULE PARADE WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971 which created the Chula Vista Downtown Business Association ("DBA"); and, WHEREAS, the DBA has requested the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue between "D" and "I" Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Yule Parade on Saturday, December 6, 1997; and, WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 34 years and the City Council finds that the Parade is a benefit to the Community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue between "I" and "D" Streets to the nearest point of detour to Third Avenue to conduct the Annual Starlight Yule Parade on Saturday, December 6, 1997 subject to conditions set forth in Exhibit No. 1 attached hereto and incorporated herein by reference. Presented by Approved as to form by ~~-- ~ , Chris Salomone Director of Community Development /L9g --- / ".----."" .__._.._~'.__._-,--,.. EXHIBIT NO.1 CONDITIONS OF APPROVAL FOR 1997 STARLIGHT YULE PARADE STREET CLOSURE 1. At least 10 days before the street closure, the Downtown Business Association (DBA) shall submit to the city evidence of general liability insurance in the amount of $2 million, in the form of a certificate of insurance and policy endorsement which names the City as additional insured. 2. At least 10 days before the street closure, the DBA shall submit to the City a hold harmless agreement in a form acceptable to the City. 3. The DBA shall distribute written notification to all residences and businesses along the parade route and along other streets that will be closed to traffic, of the date(s) and duration of the event at least 10 days before street closure. 4. The DBA shall provide portable toilets along the parade route. 5. The DBA shall provide and post "No Parking" signs in a form acceptable to the City Traffic Engineer, along the parade route. Posting must take place a minimum of forty-eight (48) hours in advance of the effective time. [(PB) H:\HOME\COMMDEV\RESOS\YULE97 (April 30, 1997 (9:10am)) /¿J?ß~;¿ -~--,_..__.- M__ -."~,._._--~_...- COUNCIL AGENDA STATEMENT Item II Meeting Date 05/06197 ITEM TITLE: RESOLUTION / ð""-"S i APPROVING AN AGREEMENT FOR COBG FUNDING IN THE AMOUNT OF $25,000 BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CLUSTER COORDINATING COUNCIL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUBMITTED BY: C_"'I, D~I.pmool ~ (S' REVIEWED BY: City Manage(B. ~ ./) (415ths Vote: Yes_ No~ BACKGROUND: On June 4, 1996, the City Council approved CDBG funds in the amount of $2,103,000 for various public service, community development, and capital improvement programs for FY 1996·97 which included funding $ 25,000 for the Chula Vista Cluster Coordinating Council (CVCC) for restoration of the County Insectary building located at 51 1 "G" Street in Chula Vista. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each subrecipient of CDBG funds. RECOMMENDATION: That the City Council adopt the resolution approving the agreement for CDBG funds in the amount of $25,000 between the City of Chula Vista and the Chula Vista Cluster Coordinating Council; and authorize the Mayor to execute the agreement. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Chula Vista Cluster Coordinating Council (CVCC) requested CDBG funding for the restoration of the County Insectary building located at 511 "G" Street in Chula Vista. This restoration project will restore a significant agricultural historical building for multi·purpose educational use by the Chula Vista community while maintaining its historical agricultural use by the County of San Diego Department of Agriculture Weights and Measures. The requested $25,000 in CDBG funds will be used for the initial planning and design review phase of the project. The agreement between the City of Chula Vista and CVCC covers a period of January 1, 1997 to December 31. 1997. Staff is now coming forward with the agreement since the environmental review of the project has been completed and the Cluster Coordinating Council is now prepared to move forward with the historical architectural review of the Insectary. The funds were approved under the Capital Improvement Program portion of the CDBG budget and a formal agreement needs to be executed. FISCAL IMPACT: The agreement will be funded out of the City's 1996·97 CDBG entitlement grant. IJ~ H,\HOME\COMMOEV\STAFF.REP\05·06·97\COUNTY.CONIA,rll 30. 199713,28,mll )J--/ ~-_._-_...- . ....__..___._....,...,.._...____.mm____.__.___..·_ RESOLUTION NO, /gd./r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR CDBG FUNDING IN THE AMOUNT OF $25,000 BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CLUSTER COORDINATING COUNCIL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) program, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City has been entering into a separate funding agreement with HUD for the City's 1996-97 CDBG entitlement; and WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and other unallocated funds on June 4, 1996, a portion of which has allocated to the Chula Vista Cluster Coordinating Council ("Grantee"); and WHEREAS, HUD requires that the City enter into an agreement with Grantee for the use of such funds; and WHEREAS, the Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the City within the timeframe herein provided all in accordance with the terms and conditions of this agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby find, order, determine, and resolve as follows: SECTION 1. The City Council does hereby approve an agreement with the Chula Vista Cluster Coordinating Council ("Agreement"), known by Document Number CO 9- , a copy of which is on file in the Office of the City Clerk. SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said Agreement for and on behalf of the City of Chula Vista. SECTION 3. This resolution shall take and be in full force and effect immediately upon the passage and adoption thereof. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~ Chris Salomone Director of Community Development }}-.1- ".-..-.... "'- .-... ._.,,'--_....~.._. ._._.-...-"~---..- AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF CHULA VISTA CLUSTER COORDINATING COUNCIL IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this May 6, 1997, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herin, a municipal corporation of the State of California, and Chula Vista Cluster Coordinating Council, a non-profit organization ("Grantee"), and is made with reference to the following facts: RIH::'IIALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement. WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement funds on June 4, 1996, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee; and, WHEREAS, HUD requires the execution of a written agreement setting the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herin expressed, the parties hereto agree as follows: 1. Term of A¡:reement. The term of this agreement shall be for a period of one (1) year, from January 1, 1997 through December 31, 1997. 2. Statement of Work Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this 3. Low Income Requirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 51 % of the persons 1 /J~3 ~.. "---.-~'.'-...--"------.--~--.~--.-'-.. provided services shall be of low income, as detennined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to detennine the income level of each person or family served. 4. Compensation and Bud¡¡:et. The Grantee agrees to expend City- appropriated funds to meet bona fide obligations incurred for Chula Vista Cluster Coordinating Council on the condition City receives sufficient CDBG funds and appropriates them for the purposes provided for in this agreement, and the City shall compensate Grantee for said services up to a maximum of $25,000 (Twenty-five thousand dollars) payable in approximately equal monthly installments unless a more advanced payment schedule is set forth in the attached Exhibit A. An itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced written notice to Grantee, have the option to terminate this Agreement and, in doing so, terminate funding to the Grantee. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim Form" from the Grantee. Expenses itemized on the "Expense Reimbursement Claim Form" shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach xeroxed copies of all source documentation, such as receipts, bills, time sheets, etc. as shall provide reasonable proof of actual expenses incurred. Reimbursement Claim Forms will not be processed unless accompanied by the required documentation. Spreadsheet formats are not acceptable. The Grantee understands and accepts that in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate said Grantee for its expenditures. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous 7. Assi¡¡:nment. The services of Chula Vista Cluster Coordinating Comm ittee are personal to that organization. The Performance of this Agreement may not, by sub- agreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. 2 /I,J/ -,,'. . _.'__u_ ,___.. ..' ...____'._________ The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Goverrunents" . 11. Other Program Reqµirements. The Grantee shall carry out each activity specified under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envirorunental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by grantee for the services funded under this Agreement. All provisions of this Agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CPR 570.2oo(j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbying of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3 //-5 .....-.----....... .-.-.-.-. -... .- .......~- --_......._..~..__..._---,-- 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a CGL certificate of insurance. Grantee will provide, prior to commencement of the services required under this Agreement the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limited attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connections with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. A¡¡:reement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 21. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this day of , 1997. 4 Ij-¿ --,_._"-~.._._.- ._",._-_..,_..,--~---,"-_.._--_.- CITY OF CHULA VISTA BY: Shirley Horton Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: John Kaheny City Attorney CHULA VISTA CLUSTER COORDINATING COMMITTEE ,. . ~'/ / .' BY: . Ii' / //~ . ../ - 5 //- ? ._,",,- .---.-....---..-- .... .-.--..--.-------.----"-"---". ExHIBIT A Chula Vista ClusterC'oordinating Council 540 G Street . Chula Vista, CA 91910-3604 . (619) 422-8374 . fax (619) 691-1086 Dr. John M. Nelson III . Mary Jo Buettner Cluster Coordinators Restoration - Insectary 511 'G'Street DEMOliTION Remove (2) partitions at growing room #3 5500' Remove (1) partition al growing room #5 250 Remove shed and concrete floor slab 2.000 Remove screened porch 1.000 Remove existing toilet room at garage 600 Remove chain link fence/gates 600 Hauling/dump fees -6Q.Q Subtotal demolition $5.750 HAZARDOUS MATERIALS ABATEMENT Lead paint abatement (scraping/sanding) $10.000 Asbestos abatement 8.430 Monitoring 2.ÆW SUBTOTAL HAZARDOUS ABATEMENT $20.830 NEW WORK Rough/repair/finish carpentry $17.500 Porch reconstructIon/new handicap ramp 4.000 New mens & womens toilet rooms at garage 5.000 New sign 800 New wood fence 700 New flrtex wallboard 7.500 Painting 8.000 Hardware 3.500 Roofing 6.000 Plumbing 8.000 Revise heating and add package Unit at garage 10.000 Revise electrical .6.JlQQ Subtotal· New Work $77.000 Construction Subtotal $103.580 Contractor's general conditions. contingency overhead. & profit 20 720 TOTAL ESTIMATED CONSTRUCTION COST $124.300 PROJECT COST SUMMARY ConstruCllon cosl and change order contingency 5136.730 Environmental finding 2.000 Review by State Histo"c Architect 3.000 Design. testing. inspection. and administration 22.000 )/~r ProJecl contingency 16270 TOTAL PROJECT COST 5180.000 n"_.. __u__ _ ~___~~_. _~_.._,_._______._ COUNCIL AGENDA STATEMENT Item...L ..z Meeting Date Mav 6. 1997 ITEM TITLE: Resolution / g-~Ç~UthoriZing the Mayor to execute a Commercial Industrial Incentive Agreement with SDG&E for the implementation of a comprehensive energy retrofit program; Phase III. Appropriating funds from the Lease-Purchase Agreement in the amount of $373,203.95 and waiving the Public Works bidding requirements. SUBMITTED BY: John Lippitt, Director of Public wo~ Robert Powell, Director of Finance B~Þ~. B""'",cr, ""~"' R,,,"",œ M""",", ~ ...~ REVIEWED BY: City Manage~ ~ ~ S vote: Yes X No-J The City has been involved with various retrofit programs with SDG&E to take advantage of incentive funds, save energy costs and reduce CO2 emissions. Council approved Phase I & Phase II of a three phase comprehensive energy retrofit program through the CIP program. Phase I included complete lighting retrofit for 7 major city buildings, which cost a total of $270,000 for which the City received incentives from SDG&E of $46,700 and saved 1,865,800 lbs of CO2 emission annually. Phase II included a complete lighting retrofit of the remaining 22 city facilities at a total cost of $113,365.62 for which The City received $25,747.30 incentive money from SDG&E, for a net cost of $87,618.32. The total cost of Phase I & II was $294,618.32 with an estimated annual savings of $138,407 in utility costs. Phase III will include H.V.A.C. mechanical retrotits to 6 major city facilities at a cost of $328,000 with an incentive from SDG&E of $22,114 and an annual energy savings of $67,096. RECOMMENDATION: 1) Approve the resolution authorizing the Mayor to execute a Commercial Industrial Incentive Agreement with SDG&E for the implementation of Phase III of a comprehensive energy retrofit program. 2) Approve appropriating funds from the Lease-Purchase Agreement in the amount of $373,203.95. BOARDS & COMMISSION RECOMMENDATION: Not applicable. j,) - / -~--"._~...._.- u''''___ _ __._........,.______.__,___ Page 2, Item 1'2- Meeting Date DISCUSSION: Phased Retrofit Program As part of the Energy Retrofit Program, the City hired Boswell & Associates to survey City buildings and make recommendations for energy conservation improvements to the City's heating, ventilation, and air conditioning systems. The report identified 6 City buildings for replacing and upgrading of the H.V.A.C. equipment. The upgrades will benefit the City in several ways: Yearly energy costs will be reduced, repair and maintenance costs of the existing equipment will be reduced, and the City will own the new equipment. This survey also included recommendations that would have environmental benefits. There will be Engineering design changes to improve indoor air quality in several buildings and the City will replace existing refrigerants with more environmentally acceptable alternatives. Together, City staff, SDG&E staff, and Boswell & Associates have made the following recommendations for equipment retrofit replacement. Table I - Indicates costs of projects and energy saving for each building listed below. All major City facilities were evaluated but only the ones listed below were considered because other facilities already had existing energy efficient equipment, or had equipment which did not qualify for this program. ENERGY ANNUAL ESTIMATED SDG&E Facilities Savings Annual Project Incentive Net Projected (kwh/yr) Energy Cost Project Pay Back Cost Cost Savings Police 307,609 $20,328 $106,000 $13,200 $92,800 4.57 yr City Hall 201,801 $30,952 $133,500 $8,254 $125,246 4.05 yr P.S.B. El Dorado 23,210 $7,143 $38,500 $0 $38,500 5.39 yr Legislative 14,294 $4,405 $25,500 $420 $25,080 5.69 yr N.P.C. 8,715 $4,268 $24,500 $240 $24,260 5.74yr Total 555,629 $67,096 $328,000 $22,114 $305,886 4.56 yr Lease Purchase Agreement Cost $67,203.94 Project Total Including Interest $373,089.94 5.56 yr * The Civic Center Library's 4 main air handlers were audited and the cost of retrofitting these ).J.-~ ^ - ~~-,._-_.,,_.._._,-, "--~,.-"---"-'-'-"- Page 3, Item 1.2::... Meeting Date H.V.A.C. units was $140,000.00 with an annual energy savings of $6,350.00. This equals a 22.05 years pay back and did not meet the criteria for an energy retrofit program. This equipment is 23 years old and has a life expectation of 25 years depending on maintenance and weather conditions. City staff and the consultant agree that the units should be reviewed for a replacement C.I.P. at a later date due to the age of the equipment. The Civic Center Library's existing Chiller Plant was upgraded in June 1994 with a complete energy efficient Chiller Plant and Control System. City staff will continue to research, evaluate, and implement new technology which will reduce the City's energy usage, CO2 consumption, and environmental impact. Phase III Council is being asked to approve an agreement with SDG&E to implement Phase Ill. Phase III will continue with the City's CO2 reduction strategy by combining several incentive programs from SDG&E to replace 69 H.V.A.C. units within 6 City facilities. These units will be upgraded with much more energy-efficient units and also some engineering redesign to help improve indoor air quality in some of the buildings. The annual energy savings will result in a $67,096 annual cost reduction in utility expenditures. The City will reduce the annual kwh by 578,839, which in turn will result in CO2 reduction of 741,000 Ibs per year. The reduction in the emissions of CO2, a greenhouse gas, is due to less fuel required to produce the reduced electrical requirements for the more efficient equipment. Limited Time on Incentive Program Due to the State's utilities restructuring, this type of incentive program will no longer be in effect after December 31, 1997 and our agreement for implementation of Phase III is scheduled for completion on December 1, 1997. City staff along with Boswell and Associates and SDG&E staff have developed a project schedule of approximately 21 weeks which includes a 12-13 week lead time on ordering the new equipment after the agreement has been signed and a contractor has been chosen. Commercial Industrial Incentive Agreement The Commercial Industrial Incentive Agreement with SDG&E identifies all retrofits to be conducted, incentives to be provided to the City, permits retrofits to proceed and SDG&E to contract directly with a mechanical engineer and a specialized mechanical contractor on behalf of the City. SDG&E will bid the City's retrotit project from their list of pre-qualified contractors and engineers, once the agreement is approved by Council, the project will start immediately, in order to meet the December 1, 1997 completion date. In addition, the terms of the agreement specify the incentive payments, length of agreement, payment schedules, and the specific responsibilities of SDG&E and The City. Phase III Funding The Director of Finance recommends this project be financed over a period of 6 years and the debt services will be covered by the projected annual energy savings. This project's funding will be /.2..-:] _._....n__'__ ....---,--- Page 4, Item IQ.... Meeting Date combined with the CAD project and the 800 megahertz in a Finance package under a separate agenda item at this meeting. The total cost of this project is $373,203.95 including financing, but the yearly debt service will be $62,200.66 which is less than the projected energy savings of $67,096. The energy savings of $67,096 for Phase III is demonstrated in Table 2 with a cumulative savings for 6 years for Phase III and gross savings for all 3 phases for 6 years. Table 2 - Cost Savings per year and over 6 yrs. realized after Phase III implementation. Year Estimated Savings Cumulative Savings Estimated Gross Phase III Yearly Savings Savings for Phase III all 3 Phases Year 1 $67,096 $67,096 $205,503 Year 2 $67,096 $134,192 $411 ,006 Year 3 $67,096 $201,288 $616,509 Year 4 $67,096 $268,384 $822,012 Year 5 $67,096 $335,480 $1,027,515 Year 6 $67,096 $402,576 $1,233,018 Waiver of Bid Requirements Section 1009 of the City Charter ordinarily requires that every public works project involving an expenditure in excess of $50,000 be granted after a published notice soliciting sealed bids. The City Council awards the contract to the "lowest responsible bidder" based upon "comparison of the bids" and other factors including "timely completion." This process can be waived by the City Council by a 4/5ths vote if the work is deemed to be of urgent necessity for the preservation of life, health or property, and the factual basis for this determination is set forth in the approving resolution. The HV AC retrofit project before you is not a conventional "public works" project. In fact, one could argue that the project is more of an energy rate reduction agreement which the City "sole sources", by necessity, with the City's sole energy provider, SDG&E. As a result of this ambiguity, it is not clear that the public works bidding process contained in the City Charter should be applied to this contract. Nonetheless, a contract for improvements to City facilities in excess of $50,000 is an integral part of the energy incentive program. In order to be cautious in this unclear area, staff requests that the City Council waive the Charter Section 1009 public works bid requirements with respect to the HV AC retrofit project. The primary basis for this waiver request is the need to accommodate the time constraints in the SDG&E Incentive Agreement. Under this agreement, unless the work is completed by December 31, 1997 the City /:2 -{ _..__.,. m' __...__,..~ ~-- . Page 5, Item /.:L. Meeting Date is not entitled to the $22,114 incentive payment from SDG&E. The City's formal bidding process will take too much time to allow for the timely completion of this project. The SDG&E process contemplated in the Incentive Agreement is much faster and will allow for the timely completion of the project. While the SDG&E process is not identical to the City's process, it is a competitive bid process which solicits bids from highly qualified pre-approved contractors that are specialists in this area. The City does reserve the right to choose the contractor that will perform the work and to approve the form of the contract. FISCAL IMPACT: Approval of this resolution and the lease-purchase agreement resolution will result in an expenditure of $373,203.95 over the next 6 years. The yearly debt service will be $62,200.66 which is less than the projected energy savings of $67,096.00 annually and this will be a cumulative savings of $402,576 over the 6 year period. RM:mp Attachments: Commercial Industrial Incentive Agreement (PH3RETRF.CAG) /02-5 ..--.'--'" --.-.-...--,.-...-.. INTERDEPARTMENTAL CORRESPONDENCE DATE I May 2, 1997 TOI John D. Goss, City Manager VIAl sid Morris, Assistant City Manager FROM I Robert W. Powell, Director of Financ~ SUBJECT I Correction of Item #12 on Agenda of May 6 There was apparently some last minute confusion on Item 12 on the May 6 Council Agenda. Wording . was added in my absence to appropriate $373,203.95 from the lease agreement. The wording in the title and the resolution should appropriate $306,000 from lease proceeds and $22,114 from SDG&E incentive payments, for a total project cost of $328,114. Each year for the next six years $62,201 will need to be budgeted as debt service during the normal budget process in order to pay this project's portion of the lease principal and interest payments. The total of these annual payments will be $373,204. Once this is approved, I,will prepare a supplemental budget request to take care of the debt service payments for FY97-8. Should you have any questions, please feel free to contact me. c: City Attorney Director of Public Works Rick Matkin J:¿- 5 q .-...---- .. --,._~-._---_.__..,_._-"----,-,.,~- . RESOLUTION NO. ~¿r~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT WITH SDG&E FOR THE IMPLEMENTATION OF A COMPREHENSIVE ENERGY RETROFIT PROGRAM, PHASE III; APPROPRIATING FUNDS FROM THE LEASE/ PURCHASE AGREEMENT IN THE AMOUNT OF $373,203.95; AND WAIVING PUBLIC WORKS BIDDING REQUIREMENTS WHEREAS, the City has been involved with various retrofit programs with SDG&E to take advantage of incentive funds, save energy costs and reduce C02 emissions; and WHEREAS, Council approved Phase I and Phase II of a three phase comprehensive energy retrofit program through the CIP program; and WHEREAS, Phase I included complete lighting retrofit for 7 major city buildings, at a cost $270,000 for which the City received incentives from SDG&E of $46,700 and saved 1,865,800 lbs. of C02 emission annually; and WHEREAS, Phase II included complete lighting retrofit for the remaining 22 city facilities at a cost of $113,365.62; and WHEREAS, the total cost of Phase I & II was $294,618.32 with an estimated annual savings of $138,407; and WHEREAS, Phase III will include H.V.A.C. mechanical retrofits to 6 major city facilities at a cost of $328,000 with an incentive from SDG&E of $22,114 and an annual energy savings of $67,096. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby: 1. Waive the public works bidding requirements pursuant to Charter section 1009 with respect to the Phase III retrofit because of the need to accommodate the time constraints in the SDG&E Incentive Agreement. Under this agreement, unless the work is completed by December 1, 1997 the City is not entitled to the $22,114 incentive payment from SDG&E. The City's formal bidding process will take too much time to allow for the timely completion of this project. The SDG&E process contemplated in the Incentive Agreement is much faster and will allow for the timely completion of the project. While the SDG&E process is not identical to the City's process, it 1 /;2, -& .. .~. _.... .__.__..___ . _.m_.""" ".__.._"_...."___.~_...._ is a competitive bid process which solicits bids from highly qualified pre-approved contractors that are specialists in this area, The City does reserve the right to choose the contractor that will perform the work and to approve the form of the contract. 2. Approve an appropriation of $373,203.95 from anticipated Lease/Purchase finance proceeds to finance the Phase III retrofit program; 3 . Approve and authorize the Mayor to execute a Commercial Industrial Incentive Agreement with SDG&E for the implementation of Phase III of a comprehensive retrofit program in a final form approved by the City Attorney, a copy of which shall be kept on file with the City Clerk as Document No. . Presented by Approved as to form by ~ John P. Lippitt, Director of ohn M.Kahe Public Works c: \rs\retrofit. III 2 /;¿~l , ,\ --.-.-.. .-.- .______u. SDG~· fE San Diego Gas & Electric An Enova Company COMMERCIAL INDUSTRIAL INCENTIVE AGREEMENT This Agreement is entered into between SAN DIEGO GAS & ELECTRIC ("SDG&E"), a California corporation. and CITY OF CHULA VISTA ("Customer"), Contract #45103, #46802, #46803 & #46804. In consideration of the mutual covenants and conditions contained herein, the adequacy of which is hereby acknowledged. the parties agree as follows: l. Customer agrees: a. Customer has requested SDG&E solicit competitive bids from qualified third party engineering films for the provision of technical Specifications ("Specifications") for the Design/Build (Design Work") of certain heating. ventilation and air conditioning ("HV AC") equipment specified in Attachment I anached hereto and incorporated herein by this reference ("Equipment"). Customer shall be solely responsible for selecting the Engineering Film ("Engineering Film") that it desires to perfolm the Design Work. SDG&E and Customer shall jointly enter into a contract with the Engineering Finn for the Design Work in a fonn approved by Customer. SDG&E's sole function pursuant to said contract shall be administrative. b. Customer has requested SDG&E solicit competitive bids from qualified third party contractors films for the purchase and installation of the Equipment in accordance with the Specifications ("Construction Work"). Customer shall be solely responsible for selecting the contractor ("Contractor") that it desires to perfolm the Construction Work. SDG&E and Customer shall jointly enter into a contract with the selected Contractor in a form approved by Customer. c, SDG&E's sole function pursuant to said Contractor' Contract shall be administrative, Specifically, SDG&E's sole responsibility under such contract shall be to facilitate the hiring process and to pay Contractor invoices upon approval from the Customer. All project management. including day-to- day oversight of the project and ensuring compliance with the Specifications, shall be the responsibility of Customer. d. To replace with the Equipment certain eXlstmg HV AC equipment located at the facilities (collectively. the "Facility") specified on Attachment 3 attached hereto and incorporated herein by this reference, Such replacement shall be conducted in accordance with the telms of this Agreement and with the terms and conditions of the corresponding Commercial Industrial Incentive Program participation guidelines and requirements set forth on Attachment 2, attached hereto and incorporated herein by this reference. e. To pay an amount to SDG&E equal to the difference between (a) the amount payable to Contractor for the purchase and installation or replacement of the Equipment plus an additional $10,000.00, and (b) the Incentive. This amount is currently estimated at $305,886.00 of which 50% must be paid to SDG&E before Contractor will begin work at the Facility. This amount is equal to the Contractors estimate of $318,000.00, plus an additional $10,000,00, less the estimated Incentive amount of $22,114.00 Customer will pay the balance owing, when the final Contractor invoices have been received and when final Incentive is calculated. CKGFORM Rev 4/30/97 /;¿-ð 0494 1 .---.-....-.,...- .-_..~.._.._.~..__......_.._----'-_.__..... f. To provide SDG&E with a detailed invoice of and proof of payment of the purchase and installation cost of the Equipment. Customer's invoice(s) shall include, as to each piece of Equipment: installation date, equipment description, make/model number, quantity, equipment size, unit price, equipment cost, labor, and total installation cost. 0 To pay any taxes which may be imposed on Customer's business or Facility as a result of '" Customer's receipt of the Incentive hereunder. Customer will provide SDG&E with their Federal Tax 1D number for tax purposes. h. To cooperate with SDG&E in the verification by SDG&E of both the purchase and installation of the Equipment. I. To provide SDG&E with a written request for payment of the Incentive when the conversion is completed. J To allow SDG&E to inspect the Equipment at reasonable times, both before and after installation of the Equipment, to verify Customer's compliance with its perfonnance obligations under the Agreement and to conduct such monitoring or other activities as may be appropriate or required to obtain full regulatory benefit from the Facility. This paragraph shall survive the tennination of the Agreement, for a period of five years following the installation of the equipment. k. For so long as the equipment is functioning properly, to continue using the Equipment for a period of five years from the date the fmal Incentive payment is made under the Agreement. Customer acknowledges that the Incentive amount is based upon a Customer's using the Equipment for a minimum of five years and that failure to comply with this paragraph will obligate Customer to pay liquidated damages to SDG&E under Paragraph 13 of this Agreement. 0 Customer agrees defend, indemnify, protect and hold harmless, save and keep harmless, SDG&E its directors. officers and employees from and against any and all causes of action, liabilities, obligations, losses, claims suits or judgments. for all damages whatsoever, plus expenses in connection therewith, including reasonable attorneys fees, for actions arising out of said engineering contract and contractor contract. 3. Customer shall defend, indemnify, protect and hold harmless, save and keep harmless, SDG&E its directors, officers and employees from and against any and all causes of action, liabilities, obligations, losses, claims suits or judgments, for all damages plus expenses in connection therewith, including reasonable attorneys fees whatsoever, arising out of or related to the safety, reliability, and or efficiency of the Equipment selected by Customer, or any components thereof, or the merchantability or fitness for any particular purpose. use or application of the equipment. 4. Customer represents that it has read, understands, and agrees to comply with the Equipment Specification Sheet (Anachment I), the Program requirements (Attachment 2), the Tenns and Conditions anached hereto and incorporated herein by reference, and this Agreement. 5. Customer warrants that Customer owns or has received authorization ITam the owner of the Facility to enter into this Agreement and to perfonn the installation/retrofit work contemplated by this Agreement. Customer also warrants that all Equipment installed pursuant to this Agreement shall remain in place throughout the time period set forth in Paragraph Ik. for so long as the equipment is functioning properly, regardless of whether Customer ceases to occupy the Facility. If the Equipment is removed for any reason prior to the expiration of such time period, Customer agrees to pay liquidated damages as set forth in Paragraph 13. CKGFORM Rev 4/30/97 /02 -1 0494 2 --.....--.-. .--~._--,._....__...._._......,_.__._----"----". 6, SDG&E shall not be obligated to pay an Incentive to Customer until such time as the replacement is completed and Customer's facility has been inspected and approved by SDG&E. SDG&E agrees to pay an Incentive to Customer upon inspection and approval of the purchase and installation of the Equipment by an SDG&E representative. The inspection is for the sole purpose of verifying that Equipment is installed and operational in compliance with the Program; it is not a safety inspection and SDG&E assumes no responsibility for the safety of said equipment. 7. The total Incentive for the Facility under this Agreement is $22,114.00 Equipment Estimated Equipment Cost Total Incentives Chiller, Gas Packs, Water Source Heat $300,000.00 $22,114.00 Pumps and Air Source Heat Pumps Customer acknowledges that the Incentive will be adjusted if the actual equipment purchased and installed differs from that set forth on Attachment I. Customer also acknowledges that no incentive will be paid for any equipment in excess of that set forth on Attachment 1 except as otherwise provided in the Program or in the sole discretion of SDG&E. 8. SDG&E agrees: a. On Customer's behalf, to arrange contract with an Engineering Finn ("Engineering Finn") of Customer's choice selected by competitive bid, to provide technical specifications for the designlbuild of equipment specified in Anachment I of this document. b. On Customer's behalf, to arrange contract with a Contractor ("Contractor") of Customer's choice selected by competitive bid, to purchase and install or replace the Equipment, pursuant to Customer's Specifications. Equipment to be located at SEE ATTACHMENT 3 ("Facility") in the Chula Vista, CA 91910. Customer also acknowledges that no additional incentive will be credited for equipment purchased and installed in excess of that set forth in said Agreement. c. Arrange for Contractor to be paid in full for the purchase and installation or replacement of the Equipment under this Agreement, and SDG&E will be reimbursed by Customer for said payment to Contractor. d. The preparation of the Specifications and the selection, purchase and ownership of the Equipment has been and is the sole responsibility of Customer. SDG&E makes no representations as to the safety, reliability, andlor efficiency of the Equipment selected, or any components thereof. SDG&E makes no warranty, whether express or implied, including any warranty of merchantability or fitness for any particular purpose, use or application of the Equipment. SDG&E assumes no liability for said equipment. 9. The funding approved for this Program is limited and will be paid on a fIrst-come, fIrst-serve basis to qualified Customers according to the date of verification of purchase and installation; provided, however, if the equipment is installed by December 1, 1997 in accordance with the tenns of this Agreement, SDG&E agrees that the Incentive shall be paid or otherwise made available to Customer. 10. SDG&E reserves the right to disqualify the Customer due to an incomplete submission or if, in its sole judgment the equipment installed is different than the Equipment identified in Attachment I. 11. The selection, purchase and ownership of the Equipment is the sole responsibility of Customer. SDG&E makes no representations as to the safety, reliability, andlor efficiency of the Equipment selected, or any components thereof. SDG&E makes no warranty, whether express or implied, including any warranty of merchantability or fitness for any particular purpose, use or application of the Equipment. CKGFORM Rev 4/30/97 0494 /~-/CJ 3 .---......- .u_",,_ ____ _________".______0.. 12. This Agreement shall be effective on the date it is signed by an SDG&E representative. Purchase and installation of the Equipment must be completed on or before December 1, 1997. If Customer cannot provide proof of Customer's purchase of the Equipment and proof that the Equipment is located, installed and operational at the Facility on or before December I, 1997, this Agreement shall terminate automatically on such date. 13. After the customer's receipt of an incentive payment, in event Customer fails to perform in accordance with this Agreement, said Customer will be responsible for paying Liquidated Damages equal to the amount of the incentive payment attributable to the period of non-performance plus interest at the rate earned by SDG&E on its pooled investments over the same time period. The interest charge represents the estimated lost earnings to SDG&E assuming these funds had been available to SDG&E for investment during the period of performance. CKGFORM Rev 4/30/97 0494 /:<~// 4 ----, --.,. --,._.. .,.--.-.-,'.".-- --.. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and representatives. CITY OF CHULA VISTA SAN DIEGO GAS & ELECTRIC COMPANY Signature -:::¡k- M J Allen Print Name Print Name Manaver Marketin~ Services Title Title 7'/~/n Date Date Is Company incorporated" Yes_ No_ Exempt_ Please provide Federal Tax ID #: Federal Tax ID # CKGFORM Rev 4/30/97 /.:<~/.2. 0494 5 ___"'_'_"_H'~_ -.-..-......--.-..,.-- ATTACHMENT 1 EOUIPMENT SPEC SHEET Customer: City of Chula Vista New Equipment: Qty Description Unit SizelMeasure MakeIModel# (EER, COP) I Chiller - Police Department 120 Ton Trane I HV AC Units - Nonnan Park Center 1.5 Ton YCYOl8 I HV AC Units - Nonnan Park Center 2.5 Ton YCY030 6 High Efficiency WSHP - PSB & City Hall 1.7 Ton Each WPHF 027 10 High Efficiency WSHP - PSB & City Hall 2.3 Ton Each WPHF 027 6 High Efficiency WSHP - PSB & City Hall 3 Ton Each WPHF035 7 High Efficiency WSHP - PSB & City Hall 3.3 Ton Each WPHF040 6 High Efficiency WSHP - PSB & City Hall 4 Ton Each WPHF 047 15 High Efficiency WSHP - PSB & City Hall 4.8 Ton Each WPHF 057 I High Efficiency HV AC wlDX Cooling - 3 Ton YCD037 Legislative Building I High Efficiency HV AC wlDX Cooling - 4 Ton YCD049 Legislative Building 14 Air Source Heat Pumps - EI Dorado Building 13 EER Trane Existing Equipment: Qty Description Unit SizelMeasure MakelModel # (EER, COP) I Chiller - Police Department 134 Ton I Existing HV AC Units - Nonnan Park Center 1.5 Ton I Existing HV AC Units - Nonnan Park Center 2.5 Ton 6 Existing WSHP - PSB & City Hall 1.7 Ton Each 10 Existing WSHP - PSB & City Hall 2.3 Ton Each 6 Existing WSHP - PSB & City Hall 3 Ton Each 7 Existing WSHP - PSB & City Hall 3.3 Ton Each 6 Existing WSHP - PSB & City Hall 4 Ton Each 15 Existing WSHP - PSB & City Hall 4.8 Ton Each I Existing HV AC wlDX Cooling - Legislative 3 Ton Building I Existing HV AC wlDX Cooling - Legislative 4 Ton Building 14 Air Source Heat Pumps - EI Dorado Building 9EER . /c2-J.3 ._---,,-. " ...__..".__._.... ____...M'_.'''··___._._______..,____··_· ATIACHMENT2 COMMERCIAL INDUSTRIAL INCENTIVE PROGRAM REQUIREMENTS San Diego Gas & Electric does not promote or require the use of specific contractors. Incentives for which you may be eligible under your contract with San Diego Gas & Electric are not linked or affected by contractor choice. Customers may choose a contractor of hislher choice. The following infonnation is pertinent once you have chosen a contractor: The contractor can not begin the job until you have received a copy of the contract si¡¡ned by SDG&E. We will not pay an incentive on measures where installation commenced before the contract is fully executed. The following infonnation pertains to time limitations, inspections, and check generation: Contracts are valid 90 days from the date generated. Unsigned contracts which exceed the 90-day limitation will be automatically canceled and will not be valid. You will receive two contracts for original signature. Please return bQlh contracts to your Account Executive. Contracts are not valid until signed by SDG&E. An original will be returned to you. Please note that each contract requests infonnation regarding whether or not your company is incorporated as well as requesting your company's tax ID number. Both of these infonnation requests (incorporation and tax identification) are necessary to process payment once your installation and inspection requirements are met. The contractor must install all of the equipment specified in the contract. The amount of the incentive is dependent on the quantity of measures actually installed. If less equipment is installed than was specified in the contract, the incentive paid will be less than indicated in the contract. Also, if the contractor installs more equipment than specified in the contract, the additional equipment will not qualifY for an incentive. I f you have any questions regarding any of the above program requirements, please contact your Assigned Account Executive directly. /C:¿~/r .-. ,. --,..,.---, ----- - --,._._.~- ,_..._-~--,_. ATTACHMENT 3 City of Chula Vista Contract # Site Address 45103 Police Department - 276 Fourth Avenue Norman Park Center - 270 F Street 46802 City Hall- 276 Fourth Avenue Public Service Building - 276 Fourth Avenue 46803 Legislative Building - 260 Guava Avenue 46804 El Dorado Building - 315 Fourth Avenue /02.-/3 .---,.-...,--.--..-- _ -.--.-----.., --,.---..-....--....-.--..----.--... TERMS AND CONDITIONS 1. Contract Formation. By this Agreement SDG&E offers to enter into a U.S. mail, whichever occurs first. Upon such termination. an equitable contract with Customer upon the terms and conditions stated herein. adjustment shall be made ~ agreement between SDG&E and Customer Any additional or dIfferent terms and conditions which have been for the reaso,nab!e value of ustomer's performance under thIs Agreement proposed by Customer prior to the date of this Agreement are hereby prior to termination. express'd' rejected. Any additional or different terms and conditions ~ropose bf¡ Customer after the date of this Agreement shall be of no 11. Audit. During the performance of this Agreement and for a period of orce or e feet unless exp.ressly a9{,eed to in writing by SDG&E. five years following the date of final payment, SDG&E or it contracted Customer accepts and shall be bound y the terms and conditions of this representative with a certified public accountin~ firm may audit any cost, Agreement when it executes the agreement or when it commences payment. settlement, or supporting documen ation resultina from any¡ performance. No other form of acceptance shall be binding on SDG&E. Items set forth in this A~reement. SDG&E or its representa ivels) sha t conduct such auditl~ a reasonable times and in conformance with 2. Performance. Customer shall perform its ob~ations under this generally accepted au iting standards. Customer shall retain all necessary Agreement In a skillful and professional manner to SD &E's satisfaction. records and documentation for the entire length of this audit period and 3. Wanantias. Customer expressly warrants that all work performed and shall fUll&: cooperate with any audit(s). SDG E shall notit>; Customer in writing of anð exce~tionls) taken as a all. materials furnished by it or its subcontractors, shall be in accordance result of an audit. ustomer shall reimburse S G&E or the amount of with applicable safety standards, Pr0vernmental regulations, and any excertion by refunding the amount to SDG&E within thirty days of specifications, and shall be free rom defects in materials or receiit 0 such notice (or, alternatively, with prior written ap~roval of workmanship. Customer shall at its e~ense, within a reasonable time SDG E, by deducting such amount from amounts payable by DG&E in after receipt of written notice from SDG E of any such defects. repair or the future). If Customer faits to reimburse SDG&E for any valid exception replace any defective work or materials. within the thirty day ~eriod, Customer shall also pay interest on the 4., Independent Contractor. Customer is performiiP its obligations under amount, accruinPt mont Iy. at a rate of 10% per annum. This provision shall not prec ude Customer from disputing the validity of any this Agreement as an independent contractor. an no principal-agent or exception(s!. emBloEer-employee relationship shan be created. Customer represents to 12. Subcontractor Audit Clause. Customer shall include a clause in its SD & that it is properly equipped, organized staffed, financed, expenenced, qualified, and licensed to perform its obligations hereunder. agreements with subcontractors reservina the r~ht durin~ the 5. liens. Customer shaU be responsible for ?cayment of anA liens or claims performance of its agreement and for a perio of five I years fo owing the date of final payment under its agreement for Its own empl0'bee by persons who furnish material or per orm work. t the time of representative(s!. or its contracted representatives from a certified pu lic Customer's comtetion of its oblipations under this Agreement. upon accounting firm, and/or for representatives from SDG&E, to audit any request by SDG E, Customer shal provIde satisfactory evidence that it cost, payment¡ settlement, or supporting documentation resulting from has paId all liens or claims of such lersons. Until all such liens or claims any Items set orth in its agreement with the subcontractor. This clause have been fully discharged. SDG E may retain from any amount due shall require subcontractor to agree to retain all necessary records and Customer under this Aweement such amounts as may be necessary to documentation for the entire len~th of this audit period. and to agree to meet any such liens or calms. fully cooperate wIth all such audi s. 6. Compliance with Laws. Customer shall be deemed to be familiar with, 13. Insurance. Customer shall maintain in effect during the life of this and at all tImes shall comply with, all applicable federal. state. and local Agreement Comprehensive General Liability Insurance. including laws. ordinances. rules, regulations, and executive orders. all applicable contractual liability coverage for liability assumed by Customer in this safety ord€.rs, and all, orders or decrees of administrative agencies., courts. Agreement. with limits of not less than $ 1,000.000 each occurrence for or other legaHš constituted authorities having jurisdiction or authority over bodll'b injury and property dama&e combined. Evidence of such insurance Customer or DG&E, which may now or l1ereafter exist. induding, but shall e made available to SDG&: upon request. not limited to, those relating to the storage, transportation and disposal of 14. Disputes. If the total amount to be paid Customer under this hazardous substances. Customer acknowledges that it is the generator of hazardous substances located at the Facility ("Hazardous Substances") Agreement is less than $ 1 00.000. any controversy or claim arising out of and that SDG&E's contractor max be removing and transporting such or relating to this Agreement. or the breach of this Agreement, shall be Hazardous Substances to a dis~osa, treatment or recycling facili\t. settled by arbitration in accordance with the Commercial Rules of the Customer acknowledfles t at it is required to comply with ule 2 of American Arbitration Association. and judgment upon the award rendered SDG&E's Tariffs which p aces certain requirements on Customers who by the Arbitrator(s) may be entered in any court having jurisdiction. The 0ßerate equipment that causes detrimental voltage ftuctuations, on decision of the Arbitratods! will be a C'ondition precedent to the right of 5 G&E's system. The parties ~ree that detrimental volta~e fluctuations anx legal action. Unless the parties a~ree otherwise, arbitration hearings are those In excess 0 IEEE ecommended Practice 51. Customer wi I be held in the City of San Diego, alifornia. The prevailing party will acknowledges that the operation of certain energy efficient equipment. be reimbursed for any and aU attornex,s' fees including those Incurred in such as variable speed drives, electronic ballasts. and other power any arbitration hearing. In no event S all the arbitration or settlement of conversion devises can detrimentally impact SDG&E's system. any controversy delay the performance of this Agreement. 7. Indemnity. Customer shan defend, indemnify. and hold harmless 15. Validity. The invalidity. in whole or in part, of ani terms or SDG&E. Its officers, employ¡ees, and ~ents, from and against any and all conditions of this Agreement shall not affect the validity 0 any other lawsuits, claims, losses, iabilities. amages, and expenses (including terms or conditions. attorneys' fees) or any kind whatsoever: a. arising out of or related to Customer's failure to comply with 16. Remedies. If Customer fails to Rerform or comp~ with any terms or Paragraphs 5 and 6 above; conditions of this Agreement. SDG&E may consi er such failure or b. arising out of or related to materials purchased or installed pursuant to noncompliance as a breach of the contract, and may cancel or terminate thIs Agreement; this Agreement. in whole or In part. SDG&E expressly retains all of its c, arising out of or related to the transportation, treatment. recycling. or rights and remedies &5rovided by law or equity in the case of breach. and dIsposal of the Hazardous Substances; and no action by SDG E shall constitute a waiver of any such right or d. for injuries to or death of any person, includin~, but not limited to. remedy. The remedies reserved In this Agreement are cumulative and in employe,es of SDG&E and Customer, and for a I loss. damage. or addition to any other remedies in Jawor equity which may be available to destructIon of any property, includina' but not limited to, property of SDG&E. The election of one or more remedies shall not bar the use of SDG&E and Customer, arising out 0 or in any way connected with other remedies unless the circumstances made the remedies incompatible. Customer's performance or lack of performance of the terms of this If SDG&E reasonabt¡' determines that Customer has breached or is in A~reement. whether or not the conduct of Customer is negligent. and anticipatory breach 0 another agreement with SDG&E and that SDG&E's wether or not the active or passive ne¥ligence of SDG&E, its employees. ability to recover the unearned portion of an incentive paid under such or agents, caused or contributed to he injuries to or death of such agreement is at risk, SDG&E m8J; offset such unearned incentive amount persons, or to the loss. dama~e. or destruction of such property; except, against the incentive payable un er this Agreement. thIs indemmty provision shal not apply if said injuries to or death of persons, or loss. damage. or destruction of property, is caused by the 17. Survival. The obligations imposed on Customer by Para~raphs 3, 6. willful act or the so.le negligence of SDG&E, its employees, or agents. 7, 10, 11. and 12 shall survIve cancellation or termina Ion of this 8. Assignment. Customer shall not assi8,n or subcontract any of its rights Agreement. or obl~atlons under this Agreement wit out the prior written permission 18. Complete Agreement. This Agreement, which includes any of SD &E. In no event snail SDG&E's written permission be construed supplemental documents attached hereto, sets forth the entire agreement as discharging or releasing Customer from the fulfHJment of any of its between SDG&E and Customer, and su~ersedes aU other oral or written obligatIons specified in this Agreement. ~rovisions. No modification of any of t e provisions shall be binding on 9. Time. Time is of the essence of this Agreement, and SDG&E reserves DG&E unless expressly agreed to In writing. the rip,ht to terminate or cancel all or any part of this Agreement without 19. California Public Utilities Commission. This Agreement shall at all penal y in the event that Customer fails or is unable to perform its times be subject to such changes or modifications as deemed necessary obligatIons under this Agreement within the specified time. by SDG&E to comply with orders, rules and regulations of the Public 10. Termination. a. Customer maroterminate this Agreement for its sole Utilities Commission of the State of California as it may. from time to convenience be written notice to 5 G&E until such tIme as SDG&E pays time, direct in the exercise of its jurisdiction. any funds to ustomer pursuant to this Agreement, at which time such termination r~ht shall end. b. SDG& may terminate all or any part of this Adreement upon the occurrence of any of the following events: (i) ustomer becomes bankrupt or insolvent; (ii) Customer assigns or sublets any part of thIs Agreement without SDG&E's written permission; (ili) Customer fails to perform its obligations under this Agreement in a skillful and professional manner, and in accordance with the applicable specifications; (iv) Customer fails to perform its ob j~ations under thIs Agreement in a prompt and diligent manner; or (v! ustomer fails to perform or comply with a~ terms or conditIons of this Agreement. c. DG&E may sus~end or terminate all or any part, of this Agreement at a~y tjme for ItS so e c~nvemence by written notice to Customer. /;2.~J~ Termination shall be effective ugon actual receipt by Customer or its representative of the notice, or 4 hours after deposit of the notice in the CKGFORM Rev 7127194 ,-, ----- .----.--------.--------.- ------~--- DATE: April 30, 1997 TO: The Honorable Mayor and City Council VIA: John Goss, City Manage~ ~ FROM: Richard Emerson, Chief of Police SUBJECT: Animal Shelter Report The update for long-range planning on the animal shelter report will be delayed approximately two weeks. Our initial draft report on this item currently lacks a complete analysis of the costs associated with the County Animal Control Proposal. This Proposal was received yesterday and needs further review to ensure that our comparisons are done on equal service levels. For information purposes we have completed addressing the twelve concerns and the funding proposal for the cattery will be covered in an Al13 the Council will review on 5/6/97. /3'/ - - - _._-~ ----".---....--..-.----.----- ORDINANCE NO. d. 7tJ~ - AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING SECTIONS 19.64.150 AND 19.64.155 OF THE CHULA VISTA MUNICIPAL CODE TO ELIMINATE DAMAGE PERCENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS WITHIN THE CITY OF CHULA VISTA. WHEREAS, the current Zoning Ordinance allows residential units which are nonconforming due to current zoning and/or density to be reconstructed only if 60% or less of the value of the building is damaged/destroyed (except condominium units which are 100%), and WHEREAS, the City Council requested staff to investigate the current restrictions governing the reconstruction of nonconforming residential units, and WHEREAS, the City has initiated a request to amend the Municipal Code to residential units which are nonconforming due to current zoning and/or density to be reconstructed if 100% destroyed if outside of a industrial zoned property, and WHEREAS, the Environmental Review Coordinator has determined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act, (CEQA) under the General Rule Exemption Section l5061(b)(3); and, WHEREAS, the provisions as set forth in this Ordinance shall not apply to properties containing an industrial zoned designation; and WHEREAS, on April 9, 1997, the City Planning Commission voted 6-0-1 to recommend that the City Council approve the Ordinance in accordance with Resolution PCA 97-0.': and WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code amendment application and notice of said hearing, together with ils purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing: and WHEREAS, the hearing was held at the time and place as advertised, namely March 22. 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby amend Section 19.64.150 and 19.64.155 of the Chula Vista Municipal Code to read: )¡J--5 ~--.-,_._.._._.- --- ---.....--"- 19.64.150 Non-residential structures -Replacement restrictions. Any non-residential nonconforming building damaged more than sixty percent of it value, as established by the director of building and housing, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent damaged, it may be restore, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such beginning. Section 19.64.155 Residential- Replacement Permitted Any residential unit which was legally constructed and is nonconforming with respect to the current zoning and/or density of the property shall be allowed to be reconstructed in the event of any damage or destruction of the existing residential improvements as defined in Section 19.64.150, provided such be initiated within six months and be substantially completed within twelve months of such happening. This allowance shall not apply to industrial zoned properties, Said reconstruction shall meet all application applicable code requirements in place at the time of reconstruction and shall not be built beyond the existing building footprint. Presented by Approved as to form by Robert A. Leiter Director of Planning (h: \home\planning \jeflìordil1ance\nOl1Co) /1-1 .-...-...... .~. ~ . -_..._._._.._-_.._~_..._-~_.,----_.__._,,--- COUNCIL AGENDA STATEMENT Item ß Meeting Date 5/6/97 ITEM TITLE: Public Hearing: Consideration of amendment to Sections 19.64.150 and 19.64.155 of the Municipal Code to allow for reconstruction of residential units which are nonconforming with respect to zoning and/or density - City Initiated (PCA-97-03) Ordinance .{? ~nding Section 19.64.150 and 19.64.155 of the Chula Vista Municipal Code to eliminate damage percentage restrictions related to reconstruction of nonconforming residential units within the City of Chula Vista SUBMITTED BY: Director of Planning ~ REVIEWED BY: City Manager &. , ./Î \ (4/5ths Vote: Yes_No.lO The City Council recently received oral testimony from a local property owner who was having difficulty in fmancing a residential property which is classified as nonconforming based on zoning, and therefore has reconstruction limits if partially or completely destroyed (see attached City Council minutes). In response to this situation, and other similar situations that have arisen in the past, City staff has prepared a proposal to amend Sections 19.64.150 and 19.64.155 of the Chula Vista Municipal Code in order to eliminate restrictions related to reconstruction of residential units which are nonconforming due to current zoning and/or density. These changes would not apply to properties currently zoned industrial. The Environmental Review Coordinator has determined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act (CEQA) under the General Rule Exemption Section 15061(b)(3). (CEQA omy applies to projects which have the potential for causing significant effects on the environment.) RECOMMENDATION That Council adopt the ordinance to amend Sections 19.64.150 and 19.64.155 of the Municipal Code relating to reconstruction of nonconforming residential units. /r-j ,".- ....--..---.".--,-.-. --- -----,..,,".----,,--..--- -- ----~---_._---- Page 2, Item ¡if Meeting Date 5/6/97 BOARDS/COMMISSIONS RECOMMENDATION The Planning Commission considered this project on April 9, 1997 and voted 6 to 0 (with one Commissioner absent) to approve a resolution recommending that the City Council amend the Zoning Ordinance. DISCUSSION Current Situation As noted above, public input has recently been received by the City Council expressing concerns with the City's current restrictions regarding the ability to rebuild an existing nonconforming residential unit(s) within the City. This includes units which are nonconforming due to current zoning and/or density restrictions. Section 19.64.150 of the Zoning Ordinance currently allows reconstruction of nonconforming residential units only if sixty percent or less of the value of the building is destroyed. The one current exception to this (Section 19.64.155) is in regard to condominium units which are nonconforming due to current density restrictions. These nonconforming condominiums may be rebuilt even if 100% of their value is destroyed. It has been indicated that this current restriction is causing a hardship on certain property owners who are unable to obtain loans for purchase or refinance due to lender requirements. ProDosal The proposed request is to expand the current provisions in order to allow all residential units (which are located outside of an industrial zoned property) to be rebuilt if 100% of the square footage of the structure(s) is destroyed. It should also be noted that the proposed Code amendment also includes elimination of text related to school fees, which has been superseded by State law. Proposed text modification The existing section 19.64.155 is proposed to be modified as follows: 19.64.150 Non-residential structures Damaged Sf àesffeyeà liselJ Replacement restrictions. Any non-residential nonconforming building damaged more than sixty percent of its value, as established by the director of building and housing iIlSfJeetioH, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening e) ;Gept /1-2 ------ -----..--"----" Page 3, Item Jtf Meeting Date 5/6/97 as provided iH SeetioR 19,61,155; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such beginning. Section 19.64.155 Residential CoRtlomitliHIR UnitG - Replacement Pennitted Any residential eoRtlominiHm unit which was legallv constructed and is nonconfonning with respect to the current zoning and/or density of the mouertv shall be allowed to be reconstructed in the event of any damage or destruction of the existinl! residential immovements ~~.j~lili~.I¡_1 as defmed in Section 19.64.150, provided such be initiated within six months and be substantially completed within twelve months of such happening. This allowance shall not auulv to industrial zoned urooerties. Said reconstruction shall meet allllf!I'lie1tl:ioR auulicable code requirements in place at the time of reconstruction aad, v¡itfl. æSf)eet is 8.RY inerease ia area, ÊIie e·.·l'~Rer shall eeffifJIJ \'átfl any IIfJpropriate frnaooial or other meeRaæsms SJ onsoFed BY the ChHla ViGta £lemeRtary Scl1eøl DisHiet and the S~:1'!eet\\'ater Uniøa High Sellasl Diskiet, as may he t1fJ13F0:o¡eå hy the City MlHI!Iger, to mitigate im¡¡actG to school facilities. and shall not be built bevond the existing building footorint. Analvsis State Law Preemption for General Law Cities In analyzing this request, staff became aware that changes in State law enacted in 1994 had already preempted the type of non-confonning use restrictions described above for General Law cities. However, this preemption does not apply to Chula Vista, which is a charter city. Staff did learn that the City of San Diego, which is also a charter city, has recently amended their code to allow a property owner to obtain a "reconstruction pennit" to allow non-confonning structures to be rebuilt if 100% destroyed. However, it is our understanding that this can be a rather lengthy, costly and complicated process. In addition, due to the nature of their code, residential units are allowed by right in most of the commercially zoned areas. To our knowledge, no other charter cities in San Diego County have addressed this issue since the State law was enacted. Response from school districts Representatives from both school districts have reviewed the proposed changes and have indicated that they do not have any concerns regarding these changes. / J/; .3 .--...--....-.. --- --------------. Page 4, Item {if Meeting Date 5/6/97 Staff Analysis Because this recommendation is to allow all nonconforming residential units (including single family dwellings) to be rebuilt, the current 60 % rule described in Section 19.64.150 of the Municipal Code will apply only to non-residential uses. Staff recommends minor changes to this section in order to clarify that it will apply only to non-residential units. The bulk of the changes will occur to Section 19.64.150 in order to expand its coverage to include all residential units and to make it applicable to non- conforming units due both to zoning and/or density. It is anticipated that the impact of the proposed text amendment will be negligible in terms of the physical environment. Historically, there have been few residential units damaged due to natural causes to the point where the unit could not be rebuilt due to current code restrictions. It is anticipated that such will continue to be the case. At the same time, amending the Code to indicate that the nonconforming residential unit can be rebuilt if 100% of its value is destroyed reduces any burden and/or hardship on citizens and property owners who may not otherwise be able to obtain a loan on the property. Conclusion For the above mentioned reasons, staff recommends approval of the proposed amendment. FISCAL IMPACT: This proposed amendment would have no fiscal impact on the City . Attachments 1. Minutes from City Council meeting of December 17, 1996. NOT SCANNED 2. Draft Planning Commission Minutes and Resolution NOT SCANNIr~,} (H:\... \jefficcrpt\nonco /;j~f --."-'.-. . - ~_-..-_....._- .' '. ..__._------~_._-_..__._-,_._-- . Minutes December 17, 1996 \ Page 6 ORAL COMMUNICATIONS . Bonnie Dillon, 942 Tenth Street, Imperial Beach, CA, expressed concerns regarding the' City's Fire Code regulations with respect to the property she owns at 590 Roosevelt A venue. The current Fire Code requires the structure to be rebuilt in the event of damage to 60 percent or more of the building. This problem has caused her difficulty to sell or borrow on the property. Mayor Horton referred Ms. Dillon to the Planning Department and the City Attorney's office for a future meeting regarding this issue. . Bill Ayers, 44 East Manlcato Street, Chula Vista, CA, representing the San Diego County of South Bay Veterans, presented an update regarding the approval of funding for the Chula Vista Veterans Home. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES _A /y-? I .,.------- ---_.~.- ----"-----..-..-.- Excerot from Draft Planning Commission Minutes of 4/9/97 ITEM 2: PCA-97-03; CONSIDERATION OF AMENDMENT TO SECTIONS 19.64.150 AND 19.64.155 OF THE MUNICIPAL CODE TO ALLOW FOR RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS - City Initiated Planning Technician Steichen noted that this amendment was a result of a specific referral from the City Council in conjunction with residents appearing before council expressing concerns over the current Municipal Code restrictions on the reconstruction of nonconforming residential units to those with 60% or less of the building value destroyed. The proposed amendment would allow for 100% resconstruction of residential units which are nonconforming due to zoning and/or density which are partially or completely destroyed and would not apply to industrial zoned properties. Mr. Steichen said that staff had evaluated the impact of changing the text to allow 100 % rebuilt and had determined there would be negligible impact due to the rarity of such catastrophic events actually occurring and since it would not apply to properties zoned industrial. Staff had received correspondence from the Pacific Southwest Association of Realtors in support of the proposed amendments. In summary, Mr. Steichen stated the proposal was to amend two sections of the Municipal Code. One would address nonconforming structures which are non-residential; the other would address nonconforming structures which are residential. Commissioner Willett asked if there was any definition for the size of the industrially zoned properties, or if it included all industrial regardless of the size. Mr. Steichen replied that it would include all industrial. Commissioner Davis felt this amendment had been needed for a long time. Commissioners Willett and Aguilar agreed. This being the time and the place as advertised, the public hearing was declared open. No one wishing to speak, Chair Tarantino closed the public hearing. Commissioner Thomas noted that when there was a catastrophe, the victim seemed to lose. If the Commission could make a simple change to go from 60% to 100% replacement, so the owners could at least build it back to where it was originally. MSC (Davis/Willett) 6-0 (Commissioner Ray absent) to adopt Resolution PCA-97-03 recommending that the City Council adopt an ordinance to amend Sections 19.64.150 and 19.64.155 of the Municipal Code relating to reconstruction of non-conforming residential units. ¡fI-c ~ -.-.-..",..- -------- ....,..--..--...-.---.,.,.. RESOLUTION NO. PCA 97-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND SECTIONS 19.64.150 AND 19.64.155 OF THE MUNICIPAL CODE RELATING TO RECONSTRUCTION OF NON-CONFORMING RESIDENTIAL UNITS. WHEREAS, the current Zoning Ordinance allows residential units which are nonconforming due to current zoning and/or density to be reconstructed only if 60 % or less of the value of the building is damaged/destroyed (except condominium units which are 100%), and WHEREAS, the City Council requested staff to investigate the current restrictions governing the reconstruction of nonconforming residential units, and WHEREAS, the City has initiated a request to amend the Municipal Code to residential units which are nonconforming due to current zoning and/or density to be reconstructed if 100% destroyed, and WHEREAS, these provisions shall not apply to property containing an industrial zone designation, and WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely April 9, 1997, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Commission found that the proposal, as a procedural amendment, is exempt from environmental review and is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council amend Section 19.64.155 of the Municipal Code to allow for reconstruction of nonconforming residential units as shown on Exhibit "A". That a copy of this resolution be transmitted to the City Council. )i~r PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this by the following vote, to-wit: AYES: Chair Tarantino, Commissioners Aguilar, Davis, O'Neill, Thomas, and Willett NOES: None ABSENT: Commissioner Ray Frank A. Tarantino, Chairman Nancy Ripley, Secretary (h:\home\plamring\jeff\pcreso\nonco) . )Lj~J¿7 -..,.-.------.- -.----.. '.'._---'.'.'----.--- . COUNCIL AGENDA STATEMENT Item IS Meeting Date 5/06/97 ITEM TITLE: Resolution / n,Ç'þ Authorizing the Director of Finance to Execute a Lease-Purchase Plan for the Purchase of 11} a Public Safety Computer Aided Dispatch and Mobile Data Terminal System, 12} an 800 MHz Communication System, and 13} Miscellaneous Heating and Air Conditioning Equipment. SUBMITTED BY: D'P"'" COy M'''.'' K'~ Director of Finance ß(' REVIEWED BY: C¡" M",.".jC¡ bzJ ~ \ /4'.... V..., V" _N.--'LI SUMMARY: Approval is requested for a lease-purchase financing agreement with CaLease Public Funding Corporation (CaLease) for the purchase of a public safety computer aided dispatch ICAD) and mobile data terminal (MDT) system from Unisys Corp., an 800 MHz communication system from Motorola, Inc., and miscellaneous heating and air conditioning equipment for the retrofit program partially sponsored by San Diego Gas & Electric Company. RECOMMENDATION: Adopt Resolution Authorizing the Director of Finance to Execute a Lease-Purchase Financing Plan with CaLease. DISCUSSION: During the regular Council meeting on March 25, 1997, Council approved the purchase of a Public Safety Computer Aided Dispatch and Mobile Data Terminal System from Unisys Corporation and an 800 MHz Communication System from Motorola, Inc., with both contracts subject to obtaining financing. On tonight's agenda is a heating and air conditioning retrofit project in partnership with SDG&E which also requires funding. FINANCING STRUCTURE Since the City currently has a number of critical capital needs, requiring the allocation of limited resources, staff has investigated a lease-purchase financing option. By spreading the costs over the useful life of the projects, the financial impacts would be both deferred and reduced in anyone year. Such an option is available from financing companies affiliated with both major vendors and from CaLease. CaLease is a non- profit public benefit corporation established for the sole purpose of acting as Lessor in lease-purchase transactions as part of the California Statewide Communities Development Authority's Financing Program, which is sponsored by the League of California Cities and the California State Association of Counties. )..5 j ....".--.. Page 2. Item /5 Meeting Date 5/06/97 Quotes from Unisys leasing Corporation and Motorola, Inc. included interest rates set at ninety and ninety-five percent of the U,S. Treasury Bill rates respectively, which are higher (more expensive) than the rates quoted by Calease by a range of from 2 to 15 basis points (0.02% to 0.15%). Since Calease actually bids out the financing to various funding sources, staff is confident that the interest rate obtained is competitive with the current market for similar financings. The recommended financing plan is a lease-purchase agreement between the City as lessee and Calease as lessor, and also includes an Escrow Agreement which covers the flow of funds between Calease and the City. Both documents are on file with the Finance Department in substantially final form and have been reviewed and approved as to form by the City Attorney. A "master" lease agreement is being utilized which will cover all three projects in order to achieve the lowest overall interest cost to the City, and also allow the City to add projects easily in the future. The lease will be a City obligation secured by a lien on the equipment and a pledge of General Fund moneys. lease payments will be required on a semi-annual basis. Once approved, the funding will be deposited in an escrow account to be withdrawn in accordance with the terms and conditions included in the individual purchase contracts. It is recommended that $2,329,909 of the cost of the CAD/MDT project be financed over a ten year time frame due to the expected useful life of the hardware and software. The remaining cost of $637,500 is recommended to be funded by a previously approved grant covering only the computer component of the MDT system in patrol vehicles. It is recommended that $823,955 of the cost of the 800 MHz project be financed over a seven year time frame due to the portable nature of the majority of the related equipment resulting in a shorter expected useful life than the CAD/MDT. Financing of $162,000 in additional costs for equipment to be purchased 2-3 years in the future will be addressed in that time frame. It is recommended that the net cost (net of SDG&E incentives) of the HV AC equipment ($306,000) be financed over a six year time frame due to the availability of utility cost savings to fund the annual debt payments over a shorter period than the other projects. These lease terms are reasonable and consistent with financing market expectations and do not unduly expose the City to making lease payments on equipment beyond its useful life. Shorter terms would increase annual funding commitments while decreasing overall financing costs, while longer terms would decrease annual funding commitments while increasing overall financing costs. Jý cJ-. "-~.__.." Page 3. Item /5 Meeting Date 5/06/97 FINANCING COSTS The total amount proposed to be financed is approximately $3,459,860. At an interest rate of 6.39 percent the total interest cost will total approximately $1,137,020, broken down by project as follows: Proiect I nterest Cost Total Lease Pavments CAD/MDT System $ 858,970 $3,188,870 800 MHz System $ 210,850 $1,034,800 HV AC Retrofit $ 67 .200 $ 373.200 Totals $1.137.020 $4.596.880 The annual lease payment requirement for the CAD/MDT System will be $318,890 beginning in Fiscal Year 1997-98 through Fiscal Year 2006-07. The annual requirement for the 800 MHz System will be $147,830 through Fiscal Year 2003-04. The annual requirement for the HVAC Retrofit Project will be $62,200 through Fiscal Year 2002-03. FUNDING SOURCE The total cost of the HV AC retrofit project, including financing costs of $67,204, will be funded by utility cost savings generated from the project. Attachments 1 and 2 are two illustrative examples of how the costs of the debt service on the CAD/MDT and 800 MHz systems might be spread and what the funding sources might be. By spreading the costs over a ten and seven year period respectively, the financial impacts are both deferred and minimized in anyone year. In the case of the CAD/MDT system, due to over $1 million of existing appropriations for the project, debt service costs can be covered for over three years without any new funds being required. After that period, the Residential Construction Tax (RCT) will be the main funding source. In the case of the 800 MHz system, existing appropriations of over $200,000 can cover the initial buy in to the City of San Diego System as well as pay for most of the first year's debt service. After the first year, the main source of funding will be the Equipment Replacement Fund as well as RCT. The cumulative impact on the RCT Fund from both projects beginning in year five is approximately $300,000 per year while revenue estimates for the fund are anticipated to be about $400,000 per year. There are no existing or programmed projects in the five year CIP Program that would be precluded due to the proposed funding scenario for these two major endeavors. However, there would be several years where future flexibility to take on new, as yet unidentified projects may be somewhat limited. /Ý3 Page 4, Item 15 Meeting Date 5/06/97 FISCAL IMPACT: The total amount of project costs proposed to be financed is approximately $3,459,860. At an interest rate of 6.39 percent the total financing cost will total approximately $1,137,020. The total annual lease payments will be approximately $528,920 beginning in fiscal year 1997-98 through fiscal year 2002-03, $466,720 for fiscal year 2003-04, and $318,890 beginning in fiscal year 2004-05 through fiscal year 2006-07. These figures are maximum costs which will end up being slightly less due to any interest earnings on the borrowed funds prior to them being paid to the vendors. The proposed funding sources are discussed under the heading FUNDING SOURCE. /S-~ .. _.____.._'H -- _.._.._--_..._.~-,_..._. RESOLUTION NO. /%'tß RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE A LEASE-PURCHASE PLAN FOR THE PURCHASE OF (1) A PUBLIC SAFETY COMPUTER AIDED DISPATCH AND MOBILE DATA TERMINAL SYSTEM, (2) AN 800 MHz COMMUNICATION SYSTEM, AND (3 ) MISCELLANEOUS HEATING AND AIR CONDITIONING EQUIPMENT WHEREAS, on March 25, 1997 Council approved the purchase of a Public Safety Computer Aided Dispatch and Mobile Data Terminal System from Unisys corporation and an 800 MHz Communication System from Motorola, Inc. , with both contracts subject to obtaining financing; and WHEREAS, concurrently herewith, the city Council will be approving a contract with SDG&E for the retrofitting of certain City heating, ventilation and air-conditioning systems; and WHEREAS, since current revenues are inadequate to concurrently fund these and other critical projects on a cash basis, staff has investigated a lease-purchase financing option available from financing companies affiliated with both major vendors and from CaLease Public Funding Corporation (CaLease) , a non-profit public benefit corporation established for the sole purpose of acting as Lessor in lease-purchase transactions as part of the California statewide Communities Development Authority's Financing Program, which is sponsored by the League of California cities and the California State Association of Counties; and WHEREAS, approval is requested for a lease-purchase financing agreement with CaLease for the purchase of a public safety computer aided dispatch (CAD) and mobile data terminal (MDT) system from unisys Corp. , an 800 MHz communication system from Motorola, lnc, and miscellaneous heating and air conditioning equipment for the retrofit program partially sponsored by San Diego Gas & Electric Company. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby authorize the Director of Finance to execute a Lease-Purchase Plan for the purchase of ( 1) a Public Safety Computer Aided Dispatch and Mobile Data Terminal System, (2 ) an 800 MHz Communication System, and (3 ) miscellaneous heating and air conditioning equipment. Presented by Approved as to form by , Robert A. Powell, Director of Finance c: \rs\calease /ýS ---- .......~..-~_._---_._.-. = rl 0 t!) '" M '" 0 '" t!) 0 rl t!) M t!) 0 t!) ~ '" t!) " 0 M t!) 0 t!) - ~ - - - - - - - 00" 00 1-< 0 " '" '" '" rl 0 rl U,Q" g-rl ~ :I: 0 '" M '" N 00 00 0 00 o > 000'" U 1-< t!) '" t!) 00 '" '" :EO", -w rl W" 0 - - - H rl '" rl - '" rl rl M '" Orl ",,,'" U """'00 ""0000 /' p..~ "t!) ~ '" 00 " " oo"M ..c: @JH"" <.9 " '" 00 00 00 (Ij lJE-t . WOO"" /' 0 t!) N 00 00 ) ~ rl Z .~ '" ¡::.,.... 0 H , - - - - o H . M '" M t!) 00 00 o IJ.¡'1J ~ "'" " ~ 0 00 M rl rl t!) "", E1-<w N M M "Q)'1:::Ir-I P. 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" 0 .c ,,- ~-_.- --.-.-..-..-.-----.- COUNCIL AGENDA STATEMENT Item /~ Meeting Date 5/06/97 ITEM TITLE: a). Resolution / 'if¡..>? Approving the boundary map showing the proposed boundaries for Assessment District 96-01 of properties to be assessed for street improvements, b). Resolution / ,r¿...,Ç"',g/'Ordering installation of improvements on Twin Oaks Avenue between Naples Street and Emerson Street, ordering the Superintendent of Streets to give notice and order construction and setting public hearings on Resolution of Intention to form Assessment District 96-01 pursuant to the Block Act of 1911. SUBMfITED BY, Ð;re"o, of ,,"bh, wo""~ REVIEWED BY, G<y M~_ ~ ~ _____1 (415<" v,,", V,,~NolO As a preliminary step in the assessment distnct proceedings it is necessary to request that the Council pass resolutions approving the proposed map boundary, ordering the installation of the improvements and setting public hearings on the resolution of intention to form the assessment district. RECOMMENDATION: It is recommended that the Council: 1). Approve a resolution approving the boundary map for Assessment District 96-01 for construction of missing street improvements under the 1911 Block Act procedure. 2). Approve a resolution ordering installation of certain public improvements at the location shown on the boundary map, instructing the Superintendent of Streets to give notice and to order the construction of said improvements, and setting public hearings for July 8 and July 15, 1997 at 6:00 P.M. on the resolution of intention to form Assessment District 96-01. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background: On April 15, 1997 by Resolution # 18630, Council accepted a petition for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street. In addition, Council also approved Resolution # 18631 appropriating $180,000 from the unappropriated balance of the Gas Tax fund into the Twin Oaks Avenue project account. Staff has estimated the total project costs at $340,000 with the /t?"j ....,-, .. ._._._...~,.- .' '.'.__... -.-~_.~ -"~~'-~----'--'-"-"- Page 2, Item /~ Meeting Date 5/06/97 construction costs at $216,000. Approximately $115,000 of the estimated $216,000 cost of construction is to be reimbursed from the property owners upon successful formation of the assessment district. The construction of the missing street improvements is included in the Capital Improvement Program (CIP) for Fiscal Year 1997/1998. Subsequent to this action, staff is in the process of finishing the construction plans, specifications and costs estimates for the project and has met with the owners of the properties proposed for inclusion in the assessment district. Those property owners who were unable to meet with staff were notified by mail. The City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement of an Environmental Impact Report. Costs: City participation in the construction costs have been determined pursuant to Council Policy 505-01. Funds for these improvements have been budgeted from the Trunk Sewer fund (for the share of the costs to be reimbursed with interest from the property owners) and Gas Tax. The financing totals of $340,000 are made up of $115,000 Trunk Sewer and $225,000 from Gas Tax funds. Design, inspection and district formation costs estimated at $86,000 will be contributed by the City. The improvements on Twin Oaks Avenue extend from Naples Street to Emerson Street including some work within those two intersections. The work would consist of grading, excavation, asphalt paving, pedestrian ramps, sidewalks, driveways together with appurtenances and appurtenant work to serve and to benefit properties located within the boundaries of the proposed assessment district. It is estimated that the following costs will be incurred for the improvement of Oxford Street: Recommended Property Costs Oblil!ation of City Owner's Cost Construction ($94. OO/LF) $216,000.00 $101,200.00 $114,800.00 Design/Inspection $ 71,000.00 $ 71,000.00 $ 0.00 Assessment District Formation $ 15,000.00 $ 15,000.00 $ 0.00 Contingencies $ 38.000.00 $ 38.000.00 $ 0.00 Total $340,000.00 $225,200.00 $114,800.00 Staff recommends that the City pay all costs of design and inspection as well as the assessment district formation, estimated at $86,000 (direct costs), which is consistent with past practices and Council Policy 505-01. The construction cost share of $114,800 will be the responsibility of the property owners, based upon this policy. This Assessment District (# 96-01) will be formed by the 1911 Block Act to obtain reimbursement for the improvement and other /¿,---;¿ .u.__·_~···_ -..---.,.-...-.-.--. Page 3, Item--.&... Meeting Date 5/06/97 miscellaneous costs in accordance with Council policy. The 1911 Act is a financing mechanism which authorizes local agencies to impose assessments on benefiting properties to fund the construction of public improvements. To construct the project through assessment district financing, the CIP budget detail shows $115,00 from the Trunk Sewer fund and $225,000 from Gas Tax funds. Alternatively, the City could sell bonds in the amount of the construction costs. However, for a project of this size, it is not economically feasible to do so, consequently, the City typically advances funds for cost effectiveness. Based on the staff recommendation, the assessments for each parcel would range from a low of $4,700.00 to a high of $13,066.00, with 14 of the 20 assessments at $4,700.00. Action: The proposed assessment district will be formed pursuant to the Improvement Act of 1911 of the California Streets and Highways Code. The Code requires that the Council approve the district boundary map prior to adoption of a resolution ordering installation of the improvements. The resolution ordering the improvements, the cornerstone of Chapter 27 of the 1911 Act process, describes the details of the Assessment District including: I) description of the work to be done; 2) description of the properties proposed for inclusion in the assessment district; and 3) time and date for public hearings on the proposed improvements and the 1911 Act procedure. The Resolutions before Council, if adopted, will approve the assessment district boundary and order installation of the improvements and schedule the required public hearings. Public Hearings: The public hearings are proposed for July 8 and July IS, 1997, and will be noticed pursuant to the Brown Act. After the second public hearing, Council may adopt a resolution to proceed with the 1911 Block Act. A schedule for this project is attached for Council information. The property owners will have the opportunity to address Council during the public hearings in July. Future Actions: 1. Although there is no statutory requirement to do so, staff will meet with all property owners again to discuss the project status, improvements and its financing. 2. Two Public Hearings, as required by law, will be held, on July 8th and 15th, 1997. Therefore, tonight's action by the City Council is not binding on the property owners in the event the bids come in higher than the estimated $340,000. After the bids are opened, the project comes back to the Council for award, the actions will include notice to the property owners of a public hearing with an opportunity to review their proposed charges. At that time, the property owners could request the Council to eliminate the district because of the higher than anticipated costs. After construction is complete, and the final costs are known, there will be another public hearing to review, levy or protest the actual assessments. J¿-..3 . .~--- ..' -.........---..- .. ,.-.-.--."..--.---.-..--,.. Page 4, ItemJL Meeting Date 5/06/97 Deferral of Assessments: The City Council may at their discretion determine by Resolution, to allow property owners to defer payment of their assessments per section 10700 of the Streets and Highwavs Code. A subsequent section in the Code allows Council to determine the criteria that property owners must meet to qualify for deferral, and Council may also determine the procedures to ensure that the criteria are satisfied. Lastly, Section 10706 states that the amount of any deferred assessments, including interest, shall be due and payable whenever the parcel of property upon which the assessment was levied is transferred, or at other times as determined by the legislative body. On May 25, 1995, Council approved Resolution # 17980, for the Elm Alley Assessment District. This resolution established criteria for deferrals and the delegation authority to defer. The following alternative payment option (Alternative #2) was adopted by Council: Semi-annual payments (interest only) and payment of the principal at the end of a 10- year term or at the time the property is transferred, whichever occurs first. At the end of the 10 years Council may grant, on a case-by-case basis, a time extension to fulfill the payment obligations. Another payment option available (Alternative #3) involves deferring all payments for 10 years, or at the time the property is transferred. At the end of the 10 years or when the property is transferred, one payment, which includes principal and accumulated interest is due. At the end of the 10 years Council may grant, on a case-by-case basis, a time extension to fulfill the payment obligations. Both of these alternatives, Alternatives #2 & 3, will require a resolution by Council at the time of the Public Hearings, scheduled for July 8 and 15, 1997. Staff will incorporate similar guidelines used for the previous assessment district which required that interested landowners qualify under the HUD Low Moderate Income standards as contained in the City's Master Fee Schedule or have a demonstrated financial hardship approved by Council. For example, qualifying financial hardship can include, being a retired senior citizen living on a fixed income, retired, and unable to pay the assessment for other legitimate reasons. Qualifying property owners that elect alternatives #2 or 3, must enter into a deferral agreement with the City and their request for deferral must be approved by Council Resolution. The HUD Low Moderate Income Standards allow for a maximum family gross income for eligibility of $15,350 for one person in the household and incremental increases at approximately $2,000 intervals for each additional member in the family for up to 8 members ($28,950). An additional $1,000 annual income is allowed per each additional person in the household in excess of eight (see Attachment E). Propertv Value Enhancement: At the Council meeting of April 15, 1997, there was discussion by Council if staff had any information regarding the increase in property value once an /?-f -----.---.--.---..-..---..-. ..__...._.._..._._._......._.M ..-- - --.---..----..-..--->---- -_......_-.._~--------- Page 5, Item I h Meeting Date 5/06/97 improvement project has been completed. Staff has not completed any studies on this matter but staff did speak to three real estate appraisers, one of which is locally based, to ask their opinion on how much value a property would gain with the addition of street improvements. One appraiser stated that generally curb, gutter, driveway and sidewalk improvements enhance property values. The increase would be added to the value of the land if the improvements are required by the City. If the property owner is required to pay for these improvements, then the cost of the improvements could be considered as the increase in property value. A second appraiser mentioned that at the very least, the cost of the improvements would be the increase in property value, but he would also have to consider similar recent sales of properties within and outside of the improvement area to compare and arrive at a fair value. The last appraiser contacted stated that at the very least, using the cost approach and the recent sales within the area, the owner could recoup the costs of the improvement investment out of the property at the time of sale. Since this appraiser is familiar with the Castle Park area, he felt that the typical land value of the lot is worth approximately $60,000 without street improvements and about $75,000 to $80,000 with the improvements. The lots are typically larger than average but values could vary by 10 to 20%. A comparative analysis, which he recommended, would provide for a more exact property value. With regards to a corner property, the appraiser felt that it is more difficult for this property owner to recover their costs over and above the midblock properties. All property owners within this proposed assessment district of 20 parcels have been sent a copy of tonight's City Council agenda statement and attachments. FISCAL IMPACT: This project was originally approved in the FY96/97 budget as CIP project STL232 - Twin Oaks Avenue between Naples and Emerson Streets. The financing for this project (project total of $340,000) is being funded through Sewer Trunk funds ($115,000) and Gas Tax funds ($225,000). Assessment district proceedings will allow for the property owners within this district to participate in contributing $114,800 towards the costs of the construction, preliminarily estimated at $216,000. The estimated property owner's share will be reimbursed with 7% interest over a period of 10 years. Attachments: A - Resolutions # 18630 & 18631 NOT SCANNED B - CIP Program Detail ~IOT SCANNED C - Boundary Map J D - Schedule of Proceedings NRT ~s\NNE E - HUD Low Moderate Income an D NOT SCAl'~l'~i!;j) FILE: 0725-10-AD96..o1 Apr 25, 1997; 9:27am H:\HOME\ENGINEER\AGENDA \AD96lMAP.FXR /~-f _."_.._n'. £)(~IßiT A RESOLUTION NO. 1'ð(",7:JO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PETITION FOR FORMATION OF A SPECIAL ASSESSMENT DISTRICT #AD96-01 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON TWIN OAKS AVENUE FROM NAPLES STREET TO EMERSON STREET WHEREAS, the City Engineer has received a petition from property owners in the 1100 to 1150 block of Twin Oaks Avenue, south of Naples Street to north of Emerson Street, requesting that special assessment proceedings be commenced in accordance with the Improvement Act of 1911 for the construction of missing street improvements such as curb; gutter and sidewalks; and WHEREAS, in accordance with the requirements of Proposition 218, the "Right To Vote On Taxes Act", a ballot has been mailed to the affected property owners and 65.57% of the property owners are in favor of the district; and WHEREAS, upon acceptance by the Council, the petition will be filed in the City Clerk's office; and WHEREAS, approval of this resolution will permit staff to begin assessment district formation proceedings and award the contract for the improvements within Fiscal Year 97/98; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the petition for formation of a special Assessment District #AD96-01 for the construction of street improvements on Twin Oaks Avenue from Naples Street to Emerson Street and direct staff to proceed with the assessment proceedings as required by the Improvement Act of 1911 and Proposition 218. Presented by Approved as to form by l^---' ~~ John P. Lippitt, Director of John M. Kaheny, City Attorney Public Works Jt-t- _ _ _._..___.._.~.~ _ ,__~_"_,"..,,._,._~.._._._,_,___.....n___·__~_~_ 6xt-\IBIT A RESOLUTION NO. I :Jf. 3 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $180,000 FROM THE UNAPPROPRIATED BALANCE OF THE GAS TAX FUND INTO ACCOUNT STL-232 WHEREAS, the Twin Oaks Avenue street improvements identified in the Petition Requesting Formation of an Assessment District, adopted by Resolution 18630, ("Project") has been identified in the 96/97 CIP Budget; and WHEREAS, staff intends to utilize the $45,000 already appropriated from the Gas Tax Fund for this Project; and WHEREAS, staff is recommending that $180,000 be funded as an additional City obligation from the Gas Tax Fund; and WHEREAS, City Council has already authorized a loan from the Sewer Service Fund to fund the non-gas tax portion of the Project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $180,000 from the unappropriated balance of the Gas Tax Fund (No. 250) into CIP Project Account STL-232. Presented by Approved as to form by 0/'-- -y){Á~~ {*'- John P. Lippitt, Director of John M. Kaheny, City Attorney Public Works C:\rs\ad9601 /~ -7 ____.._.___m. ___ ___._.___.___._____ --..--.-....- EXHIBIT B ~ .. 0 .. .. N 9 ~ 'II i ." g .-, , ' '''Þ,..... N , eM ' ~~þSf [;: ì ill i t ~ j ! I 'I: CI' WoI! 0 .. 0 , r-' .. .. ... ....::)11I .. " .. ffi z~ 9 , !' '" ;; I!i::& ~ I< 0 ~ w c! 0 ;! ~~"' 0 0 ::; f ~i N :3 ì I E it o :E . l. ~~;:p .. ¡ t:j ; - ~ ~- 0 .. 0 . 0 '" i .. .. ! .. . ~ - ~ II II ,." ". ,., E ~ ~." 'I, I '" "~ '" 'I·", .. ~ , ~ '" C '" [;: 'C ~ P .. ._ c ~ f ~ g>.!a .. 0 .. :.1 I .; .. I < W c '" j : I "" " . ~¡¡ '" í ! . '" c ... .. I , , f '" "c j . ! 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Exhibit D April 22, 1997 File: 0725-1O-AD96-01 0735-1O-STL-232 STREET IMPROVEMENTS TWIN OAKS AVENUE FROM NAPLES STREET TO EMERSON STREET SCHEDULE ACTION DATE 1. Mail out ballots to residents to comply with Prop. 218 M22497 Ballots due back to Engineering Dept. on F3/07/97 2. City Council Meeting at 6:00 P.M. T4/15B7 Adopt Resolution Accepting Petition to Install Street Improvements on Twin Oaks Avenue between Naples Street and Emerson Street 3. City Council Meeting at 6:00 P.M. 15!Œfl7 a). Adopt Proposed District Map Boundaries b). Adopt Resolution Ordering Installation of Improvements (60 days) c). Set Public hearing on Resolution of Intention d). CEQA 4. File Proposed Boundary Map F5mB7 a). City Clerk b). County Recorder c). Mail Notice per GC 54954.6, publish notice (5194) 5. City Staff Meeting with Property Owners at 6:00 P.M. InMty* 6. Plans and specifications signed F5/?1JSl 7. City Council Meetings at 6:00 P.M. 17 108m & 17 115/fJ7 a). Public Hearings on Improvements and Proceedings b). Adopt Resolution of Intention and Making Findings at Public Hearing pursuant to Chapter 27 c). Obtain Letters of Permission 8. Notice of Improvement Ends (5132) &fJffIJl - JÞ~/Cl -"-_. ". _.._,--~_._----,...._---_._-_._---------_. --.".-.-..'" TWIN OAKS A VENUE SCHEDULE -2- A.D.# 96-01 ACTION DATE 9. ** Advertise for Construction Bids ~119fJ1 10. ** Receive Bids W8í'ffJ7 11. ** City Council Meeting at 6:00 P.M. T8/19Ð7 a). Adopt Resolution Accepting Bids and Awarding Contract 12. ** Execution of Contract F)!ŒÐ7 13. ** Begin Construction (90 working days) M)fl2ffJ 14. ** End of Construction tvf2.Œ9¡ 15. ** City Council Meeting at 6:00 P.M. 12117,95 a). Adopt Resolution Accepting Contract Work 16. ** City Council Meeting at 6:00 P.M. TI/IGS6 a). Accept filing of Engineer's Report b). Set Public hearing on Engineer's Report 17. ** Notice of Public Hearing to Property Owners 'Ilß':I2Æ 18. ** City Council Meeting at 6:00 P.M. T4/14m a). Public Hearing on Engineer's Report b). Adopt Resolution Confirming Engineer's Report c). Adopt Resolution for Notice of Lien 19. ** File Assessment Diagram W4IJ5l8 a). City Clerk b). County Recorder 20. ** Notice of Assessment & Begin 30 day pre-payment period W4IJ5l8 21. ** End 30 day Pre-payment period F5/15,95 22. ** Due Date of First Billing (On Property Tax Bill) ThI2/1O/98 * Meeting Date will be scheduled and property owners notified. ** Dates shown are tentative, and only listed to show Assessment District procedures. (H:\HOME\ENOINEER\LANDDEV\AD961SCH.FXR) - /¿, - // -~-"----_. .. ___M'_______,. __ _ __ ______._.....______.'_.._.__...__ , ExHIBIT E: HUD LOW MODERATE rnCOME STANDARDS No, in HOlISehold Maximum Annual Family Income (GI'OIIS "- for Eli¡ibility 1 115,350 2 17,650 3 19,750 4 21,950 6 23,700 6 25,450 7 27,200 r 8 28,950 Plus $1,000 annual income allowed for each additional person in the household in excess of eight. , . i " \ , , 0" ;.\1 - < .. . ¿f ".S: WI'C:':\HOME\OERALDY\IU.l2 /¡þ ---/c7- . --....-....-. .-..-- _____.. _ ____ ____..·~'u,._.·__._,._ ~__._ __.....___. ,____...________.~_.____ RESOLUTION NO. / g-¿,f ? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 96-01 OF PROPERTIES TO BE ASSESSED FOR ALLEY IMPROVEMENTS WHEREAS, on April 15, 1997 by Resolution 18630, Council accepted a petition for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street; and WHEREAS, the City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement for an Environmental Impact Report; and WHEREAS, the City Council of the city of Chula Vista, California, has been presented and has received a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in the assessment district under the provisions and authority of the "Improvement Act of 1911", of the Streets and Highway Code of the State of California; said assessment district designated as Assessment District 96-01 (hereinafter referred to as the Assessment District). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2, That the map of the Assessment District showing the general nature, location and extent of the proposed public improvements and also showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improvements designated as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT 96-01 1911 ACT IMPROVEMENT DISTRICT" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. That the original map of proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the city Engineer. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the dates, times and place of hearings on the formation or /¿,/1- / -,..--....- --.-.-.....-..---.------...--..- extent said Assessment District, a copy of said map shall be filed with the correct endorsements thereon with the County Recorder, all in the manner and form provided for in section 3111 of the streets and Highways Code of the state of California. Presented by Approved as to form by John P. Lippitt, Director of y Public Works c: \rs\AD96-1 /£/1 ,-~ -----..... ".-...--.-.--- _._.___ _.....,_,._.....M.___.____..""'_..__.___·· RESOLUTION NO. ) l5 k~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON TWIN OAKS AVENUE BETWEEN NAPLES STREET AND EMERSON STREET, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 96-01 PURSUANT TO THE BLOCK ACT OF 1911 WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California for construction of certain authorized improvements in an assessment district known and designated as Assessment District 96-01 1911 BLOCK ACT affecting properties fronting/abutting on Twin Oaks Avenue between Naples Street and Emerson Street (hereinafter known and designated as the "Assessment District") and WHEREAS, sections 5875 and 5876 of said Streets and Highway Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of or abutting properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. WHEREAS, section 5131 requires a resolution of intention to form an assessment district to perform such work and section 5132 requires public hearings to hear objections by those affected by the district formation NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements such as curb, gutter, sidewalk and pavement on Twin Oaks Avenue between Naples Street and Emerson Street in what is known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and the name of the Assessment District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the works and a full and detailed description, reference is hereby made to said plans and specifications as on file in the Office of the City Engineer. /~ß// ~__,_~___..~.,.._ ~._'_.._m ,___._ _..,_,_____"____."._.. SECTION 4. That the works of improvements, in the opinion of this legislative body, will benefit the abutting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properties within the boundaries of the Assessment District, which District is declared to be the area and abutting properties benefitting by the work and improvements for a general description of the Assessment District and area of benefit, reference is made to a map of said district previously approved and said map identified by number of this Assessment District, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. SECTION 5. Pursuant to the provisions of section 5875 of the provisions of Chapter 27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the owners of the lots or portions of lots fronting/abutting on Twin Oaks Avenue between Naples Street and Emerson where this legislative body, pursuant to said Section, by its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements fronting\abutting their properties to commence within sixty (60) days upon notice so to do by the Superintendent of Streets. If the work is not commenced by the property owners within said period, the Superintendent of Streets shall proceed to cause said work to be completed. SECTION 6, That all of the work and improvements herein proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. For all particulars, reference is made to said "Act", and the provisions contained therein. SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 8TH AND 15TH OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, the city shall collect payment of the assessments, annual installments, and interest in accordance with the provisions of section 5895 of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall be 7 percent per annum. SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the /£>ßr-;2.. ...~-,_.._._---_._- - ----.....--...--"-.-..---.. properties fronting/abutting that portion of the street in the block where work is to be constructed and directing them to construct or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by mailing a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the city for tax collection, or to the name and address of the person owning such property as shown on the records of the City Clerk. B. The City Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the county Recorder within fifteen (15) days after the adoption of this Resolution setting dates, time and place for the public hearings. C. The city Clerk shall cause the Resolution of Intention to be published twice, with the first publication occurring at least ten (10) days prior to the second public hearing. SECTION 10. The estimated cost to the City of the works of improvement as proposed under these proceedings, is estimated to be $340,000.00. SECTION 11. For any and all information relative to these proceedings, including the information relating to the protest procedure, your attention is directed to the person designated below: Frank Rivera, civil Engineer City of Chula vista P.O. Box 1087 Chula Vista, CA 91910 Telephone: (619) 691-5266 Presented by Approved as to form by John P. Lippitt, Director of Public Works c: \rs\ad96-1 I¿E---3 .__"'__...._.. ,,·~.·_w_.__~~ COUNCIL AGENDA STATEMENT Item )7 Meeting Date 5/6/97 ITEM TITLE: Resolution I g- Þ þ%'ppropriating funds ITom the Traffic Signal Fund to reimburse developer for costs involved with traffic signal relocation at 397 "E" Street SUBMITTED BY: Director of Public Work REVIEWED BY, City """"g,~ ~ \ (415"" V"", Y",-,,- N._) Tony Zamir, owner of the property at the no east c::r of Fourth Avenue and "E" Street, plans to build a dental facility. As part of this development, he is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the comer. Staff is requesting that Council authorize the reimbursement to Mr. Zamir for the cost of this relocation out of the Traffic Signal Fund. RECOMMENDATION: Council adopt resolution to appropriate $15,000 from the Traffic Signal Fund to cover the cost of relocating City's signal standard and appurtenances and authorize staff to reimburse the developer for costs involved with the traffic signal relocation at 397 "E" Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Recently, the owner of the property known as 697 "E" Street (the northeast comer of"E" Street and Fourth Avenue), submitted an application for a Design Review to construct a dental office building on the site. (The lot has been vacant since a Chevron gas station was demolished on the site several years ago.) As the plans were processed through the Engineering Division, the requirement to widen the adjacent streets was imposed in accordance with the Municipal Code requirements. "E" Street is considered a Class I Collector in the General Plan, and Fourth Avenue is a Four-Lane Major Street. Each street currently has a half-width of 32 feet from center line to curb. Current Chula Vista Design Standards for the intersection of these streets call for half-widths of 37 feet on "E" Street and 40 feet on Fourth Avenue. Mr. Zamir has agreed to complete the widening work, but has asked the City to assist in the cost of relocating the traffic signal and appurtenant facilities. The cost of the relocation has been estimated by Mr. Zamir's engineer to be approximately $15,000. It is staffs opinion that, if he pays his assessed Traffic Signal Fee of$3,373.50 as part of the building permit for on-site development, the City may pay the relocation costs, including any pullboxes and detector loops which may need /7~ / .......--_.-"... .----..--..-----..-.. Page 2, Item /Î Meeting Date 5/6/97 relocating, out of Traffic Signal Funds. We believe that this expenditure is justified on the basis that this intersection is one of the busiest in the City and, while the signal relocation is essential for the provision of adequate circulation, its cost is considerably beyond Mr. Zamir's proportional contribution to the traffic volume there. Council Policy No. 478-01 establishes a policy on participation by private developers for the financing and/or installation of traffic signals on public streets in the City ofChula Vista. A copy of the policy is attached for reference. The policy provides for proportionate contribution by all private developments generating significant traffic toward the projected traffic signal needs of the City. Paragraph 10 of the policy states: "The City may require that a developer whose project creates an immediate need for signalization. . . undertake to install such signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement of a developer to the extent that his construction cost (including design) exceeds his traffic signal charge shall have first call on the Traffic Signal Fund." There are funds available in the Traffic Signal Fund to reimburse Mr Zamir at this time and doing so is in keeping with this policy. Mr. Zamir has solicited bids from three contractors and will be letting a contract soon. Staff intends to have Mr. Zamir pay the normal Traffic Signal Fee on issuance of his building permit, plus the costs of the signal relocation when the widening takes place. If Council adopts the subject resolution, the City will reimburse Mr. Zamir the full cost of the signal work after the job is complete and the invoices are reviewed and approved by staff. The City will retain the $3,373.50 Traffic Signal Fee paid with the Building Permit for his equitable share in the traffic signal work. FISCAL IMP ACT: Estimated expenditure out of the Traffic Signal Fund is approximately $15,000. However, after the widening work is accomplished, the invoices from the owner's contractor will be submitted to and reviewed by this department. The final amount of the reimbursement will be determined by that review. Attachment: Council Policy No. 478-02 NOT SCANNED File No. 710-45-PC-1157 H:\HOME\ENGINEER\AGENDA \397 _ E _ ST.JWH April 19, 1997 (3:18pm) /7---C:Z ._----,--_.~._--~_.. RESOLUTION NO. /~"5/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR COSTS INVOLVED WITH TRAFFIC SIGNAL RELOCATION AT 397 liE" STREET WHEREAS, Tony Zamir, owner of the property at the northeast corner of Fourth Avenue and "E" Street, plans to build a dental facility; and WHEREAS, as part of the development, the owner is required to widen both streets to meet current standards mandated in the City's Circulation Element of the General Plan, and part of that widening includes the relocation of the existing traffic signal standard on the corner; and WHEREAS, staff is requesting that Council authorize the reimbursement to Mr. Zamir in the amount of $15,000 for the cost of this relocation out of the Traffic signal Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby appropriate $15,000 from the Traffic Signal Fund to cover the cost of relocating the city's signal standard and appurtenances and authorize staff to reimburse the developer for costs involved with the traffic signal relocation at 397 "E" Street. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:\rs\397E.sig /7/3 r; -----..... ......... " "'-"'-'-"'-'--'~---'-'---"""'----'-'--- COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECTIVE NUMBER DATE PAGE 478-02 06-06-89 1 of 13 ADOP1ED BY: Reso1ution No. 14120 I DATED: 06-06-89 BACKGROUND Staff had been informally using the CalTrans warrants for the installation of traffic signals. CalTrans has recently added three new warrants. It is felt that the informal procedure needs to be formalized and the three new warrants need to be included into a Ciry Council policy. The California Department of Transportation (CaITrans) has 11 warrants to evaluate whether a signal should be installed or not. Staff had added one special condition to the traffic signal warrants. The new craffic signal warrant sheets have 11 warrants and one special condition. One hundred (100) points is the maximum points which an intersection would receive. These points should be used to prioritize new installation and not whether a signal should be installed. These warrants are based on years of study and experience for determining whether or not a traffic signal should be installed at a particular intersection. PURPOSE - Since staff had been following the :raffic signal warrants set forth by CalTrans, it has been decided to establish a policy to make Ciry Council aware of how these craffic signal warrants function. The primary purpose of a craffic signal is to assign the right-of-way at locations where there is evidence of delay, congestion, confusion or other evidence of the need to right-of-way assignment. Traffic signals can reduce the number of right angle accidents occurring at an intersection, but could also increase the number or rear-end accidents. Traffic signals can also facilitate pedescrians crossing the screet. The use of the warrant system helps to decrease serious right angle craffic accidents, and reduce delay and congestions caused by competing demands for the right-of-way through an intersection. The use of warrants limits craffic signal installation to those intersections which really need that installation to provide for the public safety and convenience. Overall safety is generally enhanced and congestion and cravel delay are almost always decreased, and of course, the cost to the Ciry and the taxpayers is minimized. The warrants, with a brief explanation of each, follows: 1. Minimum Vehicular Volume - This warrant requires that both screets at an intersection have substantial volumes of craffic for a minimum of 8 hours/day. 2. Interruption of Continuous Traffic - This warrant applies to screet conditions where the traffic volume on a major screet is so heavy that craffic on a minor intersection screet suffers excessive delay or hazard in entering or crossing that major for 8 hours/day. 3. Minimum Pedescrian Volume - This warrant is satisfied when substantial volumes of pedestrians/hour for 8 hours/day crossing the scree!. /7-Y .._~._,-_._. --,-,._---- I COUNCIL POLICY I CITY OF CHULA VISTA SUBÆCf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECfIVE NUMBER DATE PAGE 478-02 06-06-89 2 of 13 , ADOP1ED BY: Resolution No. 14120 I DATED: 06-06-89 4. School Crossing - This warrant is satisfied when substantial volumes of school age pedestrians/hour for 2 hours/day crossing the street. This warrant is not part of this point system. Whenever this warrant is satisfied then it is recommended to instal1 a traffic signal. 5. Progressive Movement - This warrant is intended to provide signals at locations where adjacent signals do not maintain vehicle platooning and speed control. It is based solely on intersection location and not on vehicle or pedestrian volumes. 6. Accident Experience . This warrant is satisfied when there are five or more accidents/year susceptible to correction by the instal1ation of a traffic signal and adequate trial of less restrictive remedies with satisfactory observance and enforcement has failed to reduce the accident frequency. Also the volume of vehicle and pedestrian traffic should not be less than 80 percent of warrant 1, 2, or 3. 7. Systems Warrant - This warrant is used to encourage concentration and organization of traffic flow networks. 8. Combination of Warrants· This warrant is satisfied when no single warrant is satisfied but where any two of warrants 1, 2, and 3 are satisfied to the extent of 80 percent or more of the stated numerical values. 9. Four Hour Volume - This warrant is based on traffic volumes during the four highest hours of the day. 10. Peak Hour Delay - This warrant is intended for application where traffic conditions are such that for one hour of the day, minor street traffic suffers undue delay in entering or crossing the major street. 11. Peak Hour Volume - The peak hour volume warrant is intended for application where traffic conditions are such that for one hour of the day minor street traffic volume is high and traffic suffers undue delay in entering or crossing the major street. 12. Special Conditions - Engineering judgment shall be used to award points based on special conditions such as sight distance, narrow road widths, schools, etc. POUCY See attached TRAFFIC SIGNAL WARRANTS. , )7-~ -- .. .-..-.. -...---..---- I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECI1VE NUMBER DATE PAGE 478-02 06-06-89 3 of 13 ADOPTED BY: Resolution No. 14120 DATED: 06-06-89 WARRANT 2 - Interruption of Continuous Traffic Did VHP exceed minimum requirements ALL 8 hours? 100% Satisfied Yes_ No - 80% Satisfied Yes - No - If Yes to 100%, then warrant 2 is met. Minimum Requirements (80% shown in brackets) (Hour) U R U R Aooroach Lanes 1 2 or more Both Approaches 750 525 900 630 VPH Major Street (600) (420) (720) (504) Highest Approach 75 53 100 70 VPH Minor Street* (60) (42) (80) (56) *NOTE: Heavier left turn movement from Major Street included when LT-phasing is proposed _' however, L T vehicles must be subtracted out from major street., Circle hours when satisifed. (Maximum 8 hours) Number of Hours (Maximum points 8) Satisfied 100% Points 0 0 1 0 2 0 3 1 4 2 5 3 6 4 7 5 8 8 TOTAL POINTS - /7"¿' .._~_.. ..._..-....._--~-~-_..-- .w··,_ I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECT: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECTIVE NUMBER DATE PAGE 478-02 06-06-89 4 of 13 ADOPTED BY; Resolution No. 14120 DATED: 06-06-89 WARRANT 3 . Minimum Pedestrian Volume Did VHP exceed minirnum requirements ALL 8 hours? 100% Satisfied Yes - No - 80% Satisfied Yes - No - If Yes to 100%, then warrant 3 is met. Minimum Requirements (80% shown in brackets) Time U R (Hour) Both Apprchs No rnedian 600 420 VPH Maior Street (4801 (336 Volume Raised min 4' 1000 700 VPH Median (8001 (560' Pedestrian Crossing 150 105 VPH Maior Street 0201 (841 VPH Circle hours when satisfied. (Maximum 8 hours) Number of Hours (Maximum points 8) Satisfied 100% Points 0 0 1 0 2 0 3 1 4 2 5 3 6 4 7 5 8 8 TOTAL POINTS - WARRANT 4 - School Crossin~ Not Applicable See School Crossing Warrant Sheet IF - D A The signal has been requested by the City Council OR D B. The crossing is on the ·Suggested Route to School Maps" OR CJ C. The signal has been requested by the school board !7- ? _ __._._.__ ..m....... ...."._..___..___.___w·. -..---....-... COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECTIVE NUMBER DATE PAGE 478-02 06-06-89 5 of 13 ADOPTED BY: Resolution No. 14120 I DATED: 06-06-89 WARRANT 5 - Prosrressive Movement Satisfied Yes - No - Minimum Renuirements Distance to Nearest Si"nal Fullfilled 1000 ft. N_ft., S_ft., E_ft., W_ft. Yes_ No_ On one way isolate street or street with one way traffic of significant volume and adjacent signals are so far apart that necessary platooning and speed control would be lost. ..-------.---------.-.--------------.---.-....-.---------------------------.------.-.-.-.-.----- Yes _No_ On two way streets where adjacent signals do not provide necessary platooning and speed control. Proposed signals could constitute a Dro<rressive si mal svstem. Of satisfied the warrants give 8 points.) TOTAL POINTS - WARRANT 6 . Accident Experience Satisfied* Yes - No - Reauirement Warrant ,/ Fullfilled Two Warrants I-Minimum Vehicular Volume .__._____.____.______._.__.________________n____.__._.___..___ --------.- Satisfied 2-Interruption of Continuous Traffic --------------.-..-.-.-..-.-.-.-.------------------------------ -_._---.- 80% 3-Minimum Pedestrian Volume Yes - No - Adequate trail of less restrictive measures such as warning signs, proper lighting, painted markings, etc. have failed to reduce the correctible accidents (in previous 12 mos.) Yes _No_ to less than 5 correctible accidents. 5 or more correctible accidents (in previous 12 mos.) left- turn accidents can be included when LT·phasing is proposed Yes _No_ Period from to Correctible accidentslTotal accidents _Correctible Accidents X 2.0 points/acc.= _ TOTAL POINTS - (Maximum points 16) *must satisfy all 3 warrants /7--[5' ----"" ".n.__..,_". ...__.'. _._.___,_,._..____.~.__ I COUNCIL POLICY I CITY OF ŒULA VISTA ~ SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECI1VE NUMBER DATE PAGE 478-02 06-06-89 6 of 13 ADOPTED BY: Resolution No. 14120 I DATED: 06-06-89 WARRANT 7 - Svstems Warrant Satisfied Yes_ No_ A signal may be warranted at the intersection of two (2) or more major streets and/or prime arterials where the total entering traffice volume is at least 800 during the peak hour of any average weekday, or for any five (5) hours of a Saturday a.,d/or Sunday. On Saturday and/or Sunday each hour must have a total entering traffic volume of at least 800. (If satisfied the warrants give 8 points.) TOTAL POINTS - WARRANT 8· Combination of Warrants Are 2 of 3 requirements met? Satisfied Yes - No_ Requirement Warrant Pts. Fullfùled Two Warrants I·Minimum Vehicular Volume 3 ------......--.----------...--------.-.-..---------___.________________e_... Satisfied 2-Interruption of Continuous Traffic 3 ----.----------.--.----------------------------------------.---------.-.---- 8oo¡\¡ 3-Minimum Pedestrian Volume 2 Yes - No - I Total Points = - TOTAL POINTS - (Maximum points 8) WARRANT 9 - Four Hour Volume Satisfied" Yes_ No - Number of Lanes on Major Street One - Two or more - Number of Lanes on Minor Street One_ Two or more_ Time (Hour) Both Approaches. Maior Street Hi¡;¡hest Approaches. Minor Street "A signal may be warranted, when for each of any four hours of an average day, the plotted points representing vehicles per hour entering the intersection from both approaches on the major street and the vehicles per hour entering the intersection from the higher-volume minor street approach (one direction only) for the same one-hour all falls above the curve in Figure 9·2A (urban areas) or Figure 9-2B (rural areas). Number of hours satisfied _ X 2.0 points/hr = _ TOTAL POINTS - (Maximum points 8) /7-; "------ . --,-.,.--.,.,-....----- COUNCIL POLICY CITY OF CHUlA VISTA SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECfIVE NUMBER DATE PAGE 478-02 06-06-89 7 of 13 ADO;pTED BY: Resolution No. 14120 DATED: 06-06-89 WARRANT 10 - Peak Hour Delav Satisfied* Yes - No_ 1. The total delay experienced for traffic on one minor street approach controlled by a stop sign equals or exceeds four vehicle-hours for a one-lane approach and five vehicle-hours for a two-lane approach; and Yes _ No_ 2. The volume on the same minor street approach equals or exceeds 100 vph for one moving lane of traffic or 150 vph for two moving lanes; and Yes - No - 3. The total entering volume serviced during the hour equals or exceeds 800 vph for intersections with four or more approaches or 650 vph for intersections with three approaches. Yes - No_ * A signal may be warranted when the conditions given above exist for one hour (any four consecutive 15 minute periods) of an average weekday. (If satisfied the warrants give 8 points.) (Maximum points - 8) TOTAL POINTS - WARRANT 11 - Peak Hour Volume Satisfied* Yes - No - Number of Lanes on Major Street One - Two or more - Number of Lanes on Minor Street One - Two or more_ Time Hour) Both ADnroaches Maior Street Hi\!hest ADDroaches Minor Street *A signal may be warranted, when for anyone hour of an average day, the plotted point representing vehicles per hour entering the intersection from both approaches on the major street and the vehicles per hour entering the intersection from the higher.volume minor street approach (one direction only) for the same one-hour both falls above the CUIVe in Figure 9-2C (urban areas) or Figure 9-2D (rural areas). Number of hours satisfied 100% _ X 8 points/hr = _ TOTAL POINTS_ (Maximum points 8) /7'/¿J "~-,,-_._~,- -.-"...--.-....----..-- -- \ COUNCIL POLlCY I CITY OF CHULA VISTA - . , SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLlCY EFFECfIVE NUMBER DATE PAGE 478-02 06-06-89 8 of 13 ADOPTED BY: Resolution No. 14120 I DATED: 06-06-89 12. Special Conditions - Engineering judgment shall be used to award points based on special conditions. A range of +8 to ·8 points may be awarded based on either benefits or disbenefits to be derived frorn installation of traffic signals. TOTAL POINTS - 13. Summary Points Maximum Points 1. Volume Warrant - 2. Interruption Warrant - 3. Pedestrian Warrant - 4. School Crossing Warrant - 5. Progressive Movement - 6. Accidents Warrant - 7. Systems Warrant - 8. Combination Warrant - 9. Four Hour Volume Warrant - 10. Peak Hour Delay - 11. Peak Hour Volume Warrant - 12. Special Conditions - TOTAL - /7"// ._._~_.,.....__.. . ----.. ,.-...------- COUNCIL POLICY CITY OF CHULA V]ST A SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECfIVE NUMBER DAm PAGE 478-02 06-06-89 9 of 13 ADOPTED BY: Resolution No. ]4]20 I DATED: 06-06-89 12.' Remarks / 7---)~ ._.""...___n._'. --~._-,-----,..- -.--...-.. -- COUNCIL POLICY CITY OF CHULA VISTA - SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECfIVE NUMBER DATE PAGE 478-02 06-06-89 10 of 13 ADOPTED BY: Resolution No. 14120 DATED: 06-06-89 IIINOlIlTllEtT taQII VOW... Al'PIlOAClt-YPH . . g .. - g ~'" .. I ~ - ~ ii - ! g Ë II - t- .. .. .. ! z ... .. ~ III ~! < z § 5 c: III ~ § I!~ c: .. ~ ~tì 0 .. - Ii a: a: S < 0 ¡i6 cWW .. § ¡!: ~:ic: .. ~< .. 0 I ~ i . !-'z ... ! z "0< ~ E>m III § I -;1 C:c: a: 0 ~.. ~:) Ii 0- a: ~ ::c 0 8 ~~I c: .. .... Ii :) :11 0 a: LI. 8 ; ;!š; III I~c I ~i~ 8 ¡ . « - § I 8 I I 8 0 . .. )7~/3 ...-"._-".'.- -- ----.-~--------,_.._"- COUNCIL POLICY CITY OF CHUlA VISTA SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECI1VE NUMBER DATE PAGE 478-02 06-06-89 11 of 13 ADOPTED BY: Resolution No. 14120 DATED: 06-06-89 MINOR STREET HIGN VOLUME APPROACH-VPH . . 0 0 ., :Ow - u;: ; <:;, 8 0... ... ¡¡:~ - !Ii 0 8 ...... wO co wiii - a:w "'a: 8 1/): a:.. on 0a: - :z: ¡¡;", ... A. ;: ;~ 0 > z 0 I <9 . e:( - I/) !5~ '" a: :: a: C/ 0 U ..... w 0 C Wl/)uI e:(_ Z .., 0 :fcz 3:(/) '"' - a: =>1/):5 ... 0 A. "'w e:( W W 0 A. ~:¡w oWW a: z: III N C oA.:: 0 '"' z - :z: N:Ee: == ... :5 .. ...!::o ';':le:( - 0 0 ~:¡: a: - E III !..Jz 0 ... :3~f :>0e:( .. C/ - 0 w i8° ~>CD .. z ... "'a: c 0 c .._~ C/ 8 .. a:o :Ie: III 0 w:lc 02- z - ! c ~I/)i ... 8 :t: III '" ...w.. :.:: a: .. '" ~:l~ ° a: e:( :f .. ........ III :2"'11I W a: 8 II: a: III Q. 0 III 0 1/)0 a: .. .. UI~t; c ~a:a: 8 :Ii .. ci~ g I"~ oæa: .. ~U~ g iii ... ... i g . 0 8 g 8 . 0 8 g .. ... . .. .. - )7-11 - ,..~-_._..,- --_...~~~._.'--"-----"-"- - COUNCIl.. POLICY CITY OF CHULA VISTA - SUBJECf: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECfIVE NUMBER DATE PAGE 478-02 06-06-89 12 of 13 ADOPTED BY: Resolution No. 14120 DATED: 06-06-89 MINOR STREET HIGH VOLUME APPROACH-VPH .. .. 0 0 0 :r w ~ ::¡ o :> 0 0: .... '" 0 0 '" > '" < 0 t¡; 5 w :r 0: en ... w w 0 en 0: z 0 :: 0: :r I- < .. o ... ... '" z cr Z ~ > - w <I: en I ::¡ ;: w w en «: 0 c:: z z w < < :: cr .... c:: .... ... u o w <I: w - 0 < ... :r :¡:¡¡¡ '" .. 0 0 w ... . 0 ~ '" ::¡ en W ::¡ en '" :> «: z QW~ w .. .... en :5 c: z < o W w c:<:Ec:: 0 < N ... :: > ~ z "'~<I: w ... o '" 0 .. 0 6 ~ :r !..J.,J '" 0 .. en 0 :0°<1: w ::¡ 0 ... :r :r ... z '" 0 æ !1; ¡: .E':>c:: < c: .... "'c:: .... 0 < croC! ~~ W N ... ~ tQ ~ os. '" 0 cr 0 :r 0 ... w ~ !i :r ::¡ 0 .! ;: en 0 '" 0 w o w c: c:: 0 on w .... Z .. ~ N 0: !Ii :5 ~ .. ° .. ... w t¡; U. c: .. c: w 0 «: 0 0: .. 0 < f3 ~ t) 0 ::¡ ::J a: a:: ~ '" 0 0 ~ 0 Z :r ~ ~ !1; :r «: o ... cr 0 .. i 2 0 I') ,¡¡ .. 0 z .. 0 0 0 0 0 N 0 0 0 8 0 ~ I') .. - ...---- /7- /.-7 " _.._~_u_ ~_..,_.- -~---,----",..,,,, I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECT: INSTALLATION OF TRAFFIC SIGNALS POLICY EFFECTIVE NUMBER DAlE PAGE 478-02 06-06-89 13 of 13 ADOPTED BY: Resolution No. 14120 DAlED: 06-06-89 MINOR STREET HIGH VOLUME APPROACH-VPH .. .. 0 0 n - :r 0 u w 0 < ~ N o :> t:: ...J ~ 0 < > .. 0 0 W ...J 0 W 0 t:: :r - .... '" '" w c: c:: :: o ~ I- w 0 .. ~ c: Z z 0 > ~ w < 0 I < ;= <t ...J - II) II: 0 a: - ... o ...J .. :: ... w a: u :: ~1ñ w < w .. IÙ w z 0 0 ~ '" 5 z < 0 t:: :> < < ... .. .. ...J '" <t '" ...J .. g ~ w Q Ww ... - < <:' :¡: a: z .. :: o ~ z < .. ...J ~.o en :J <t ...J II) 0 o :r !-J-I w ... 0 co ¡¡¡ :r !:: t:: Z 0 ... ¡:'0<t 0 < co 0 w ~ ~ ...J ¡¡; > a: ::E w ...J f It) 0 a::J '" a: < ~ .... ~ . 0 0 .. '" 0 0 :Ja: .. ::E 0 w ~ .. ~ < 0- oO a: 0 I 0 o '" 0 :: II) 0 .. .. ~ w Œ ... N ... ~ z w w 5 .. < a: :: < <t ...J .. :;; w tü II) W ... Co c: 8 a: < a: w 0 0 '" 0 c: .. !!! :i t; ::E '" < a: ::E ...J II: II: 0 t ("' . N ¡ ~ :& 0 0 .. < '" :r 8 .. II: _ i ~ ùi 0 .. 0 0 ... z .. 0 0 .., 0 0 0 0 0 0 0 0 ... .., N - /7- /t '-"'---'0 -----_.._.__.._--_._-~----_.- -.---- ..-...-......-.. ~~~ ~~~~ ~:::-~~ - - -- C/lY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Our records indicated you may have an interest in the attached item that will appear before the City Council as an agenda item on J.1AV ¡, , 19q1 The Council meeting begins . at 4:00 p.m. The City Council meets in the Council Chambers at 276 Fourth Avenue in the Public Services Building which is located a the northwest corner of Fourth Avenue and "F" Street. If you have any questions about the attached item, please contact: I !O/'/¡/ /-IAROES7f AT h9/ - 5/15 - COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA) , requests individuals who require special accommoda tions ,to access, attend and/or participate in a City meeting, activity, or service, request such accommodation at least forty-eight hours in advance for meetings and five days for scheciuled services and activities. For specific infonnation, please contact the Engineering Division at (619) 691-5021 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. ) 7- /7 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5021 April 14, 1997 TO: Carla, City Clerk Office FROM: Je~Steichen, Planning Dept. ¡t6- Per Joann's conversation with you today, attached please find a public hearing notice for an Amendment to Title 19, PCA-97-03, which is to be scheduled for the May 6 City Council meeting. I believe you stated you would convert this into a Council notice and advertise. Thanks. Ene. - -- -_..."....~-_... ----,._-_.,----_._..._---~ -~. · ~ 9-/.j,~ .~~.h~_ p~(~ '-I~ BY T~~~EF~1~'2~~=;ÛÑ OF i<'--r-- ~~ (1-/-u~_ CIflJLA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC NOTICE will be held by the City Planning Commission of Chula Vista, California, for the purpose of considering an amendment to Title 19 of the Municipal Code Sections 19.64.150 and 19.64.155, to increase provisions to allow for reconstruction of residential units which are non-confonning due to current zoning and/or density. These provisions shall not apply to properties currently zoned industrial. Documents are on file in the office of the Planning Department. The Environmental Review Coordinator has detennined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act (CEQA) under the General Rule Exemption section 15061(b)(3). Please direct any questions or comments to Proiect Planner Jeff Steichen in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California 91910, or by calling 691-5101. If you wish to challenge the City's action on this matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. SAID PUBLIC HEARING will be held by the PlaRRÎftg ColDlllÏ8si91l on W1:dAe¥<lQy~ -A1'!'!l9,_1997 at 7:Ø&1T.1II'.cin the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. Date: March 24, 1997 Case Number: PCA 97-03 H:." .jeff\pubnotic\nonco --.>.-".--....- NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: An amendment to Title 19 of the Municipal Code, Sections 19.64.150 and 19.64.155, to increase provisions to allow for reconstruction of residential units which are non- conforming due to current zoning and/or density. For further information call Project Planner Jeff Steichen in the Planning Department at 691-5105. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 6, 1997, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: April 23, 1997 .'_m_.._m.. ...--. - --------.--... - .._,_.~~.,_.._._-~_."......_~.._--,_._,._--"