HomeMy WebLinkAboutAgenda Packet 1994/04/12
"I declare under penalty of perjury ttiat (am
employed by the City of Ghula Vista in the
OHice of the City Cler" and th51 I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, April 12, 1994 the Public ry19s Building a~C¡ty ~all en Council Chambers
6:00 p.m. ti.TED, ~:l '/ SiGNED / ~" Public Services Building
RellUlar Meetin2 of the Citv of Chula Vista Citv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and
Mayor Nader _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: March 29, 1994 (Regular MeetingIWorksession) and AprilS, 1994
(City Council Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Patricia B. Kelley - Design Review Committee.
b. Proclamation declaring April as "Fair Housing Month" and commending the many
individuals and organizations who continue to play a key role in the establishment and
ongoing success of the City's Fair Housing services and activities such as the Annual Fair
Housing Poster Contest. The proclamation will be presented by Mayor Nader to Heidi Hoag,
Interim Executive Director, Fair Housing Council of San Diego. The Mayor will also make a
presentation to the winners of the Annual Poster Contest.
c. Presentation by Citizens for Miramar regarding the 617/94 ballot measure to relocate Charles A.
Lindbergh Field to Miramar.
RESOLUTION 17450 ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR
ADVISORY BALLOT MEASURE AND DESIGNATING MIRAMAR AS
THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL
AIRPORT - Continued from the meeting of 4/5/94.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through I 5)
The staff recommendations regarding the following items listed under the Consent Calendar 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. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) 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.
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Agenda -2- April 12, 1994
5. WRITTEN COMMUNICATIONS:
a. Letter requesting the City become a partner in the Regional Task Force on the Homeless by
contributing $2,500 - Frank Lauderville, Project Director, Regional Task Force on the Homeless,
655 Fourth Ave., San Diego, CA 92101. It is recommended that the Regional Task Force on the
Homeless request be referred to the Community Development Department for late inclusion in the
Community Development Block Grant (CDBG) budgeting process for Fiscal Year 1994/95.
6. RESOLUTION 17451 APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO
AIR POLLUTION CONTROL DISTRICT FOR GRANTING $179,750 TO
THE ENERGY CONSERVATION FUND FOR DEVELOPMENT OF A
TELECENTER AND AMEND, APPROPRIATE AND APPROVE
TELECENTER BUDGET FOR $249,750 AND AMEND THE FISCAL
YEAR 1993/94 BUDGET TO INCLUDE A TEMPORARY EXPERT
PROFESSIONAL 1.0 FULL TIME EMPLOYEE - On 11/23/93, Council
accepted $179,750 from the Air Pollution Control Board in grant funds provided
to the City for the purpose of developing a neighborhood telecenter. On 2/1194,
Council accepted an additional $100,000 in funding from Caltrans, appropriated
$30,000 of that funding to hire a Telecenter Coordinator, and approved
participation in the University of California-Davis Institute of Transportation
Studies (ITS) Neighborhood Telecenters Project. In order to facilitate
development of the Telecenter, staff is returning to Council with a recommended
budget and appropriation for the remaining $249,750, to allow the task force and
Telecenter Coordinator to continue with site selection activities, and approval of
an agreement with the County Air Pollution Control Board. Staff recommends
approval of the resolution. (Administration) 4/5th's vote required.
7. RESOLUTION 17452 APPROPRIATING FUNDS FOR LITIGATION EXPENDITURES
(CHRISTOPHER LA WSillT) - Pursuant to the recent amendments to the
Brown Act, the City Attorney reported, following Closed Session at the meeting
of 4/5/94, that Council approved his recommendation to appear and defend the
defendants named in the case of Christooher vs. the Citv of Chula Vista and to
retain up to three separate lawyers to do so, and to waive the consultant
selection process in the selection of attorneys. The vote was 5-0. In order to
implement that direction, funds will need to be appropriated. Staff recommends
approval of the resolution. (City Attorney) 4/5th's vote required.
8. RESOLUTION 17453 AUTHORIZING OFFICIALS TO EXECUTE DOCUMENTS UNDER THE
FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED - FEMA
regulations require a resolution authorizing officials to sign Office of Emergency
Services documents. The resolution updates Resolution 15911 to reflect the
appointment of a new Fire Chief, who serves as the City's Assistant Director of
Emergency Services. Staff recommends approval of the resolution. (Fire
Chief)
9. RESOLUTION 17454 ALLOWING CLOSURE OF THIRD A VENUE FROM "E" TO "G"
STREETS FOR THE THIRD A VENUE COUNTRY FESTIVAL ON MAY
1,1994, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING
BUSINESS LICENSE FEES FOR THE DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN EVENT - The
Chula Vista Downtown Business Association is requesting permission to close
Third Avenue between 'E" and "G" Street in order to conduct the 1994 Country
Festival on Sunday, May I, 1994 from 5:00 a.m. to 8:00 p.m. The festivities
for this event will include live entertainment along with 100 arts and crafts
booths. Staff recommends approval of the resolution. (Director of Community
Development)
.__'_,""'._.M'__.._,"
Agenda -3- April 12, 1994
10. RESOLUTION 17455 OPPOSING A REDUCTION IN FEDERAL TRANSIT OPERATING
ASSISTANCE - The proposed Clinton Administration Fiscal Year 1994/95
budget reduces Federal Transit Operating Funds by 25 %. The Metropolitan
Transit Development Board has requested the City oppose this proposed
reduction. Staff recommends approval of the resolution. (Director of Public
Works)
I1.A. RESOLUTION 17456 ADOPTING MITIGATED NEGATIVE DECLARATION IS 94-19 FOR
EASTLAKE GREENS GDP/SPA - EastLake Development Company has
informally petitioned the City to use assessment district financing for
improvements to be located in EastLake Greens II. A portion of the land
proposed to be assessed is outside the City's boundary. As a preliminary step
in the proceedings, it is necessary to request consent and jurisdiction from the
County of San Diego. Based on the Initial Study and comments thereon, the
Coordinator has concluded there would be no significant unnútigable
environmental impacts. The Environmental Review Coordinator conducted an
Initial Study, IS 94-19, of potential environmental impacts associated with the
implementation of the project. Based on the attached Initial Study and
comments thereon the Coordinator has concluded that there would be no
significant unmitigable environmental impacts and recommends adoption of the
Mitigated Negative Declaration issued on IS 94-19. Staff recommends approval
of the resolution. (Director of Public Works)
B. RESOLUTION 17457 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS ß)
C. RESOLUTION 17458 APPROVING A PROPOSED RESOLUTION OF INTENTION AND
REQUESTING CONSENT AND JURISDICTION FOR ASSESSMENT
DISTRICT NUMBER 94-1 (EASTLAKE GREENS ß)
12. RESOLUTION 17459 RESCINDING AWARD OF CONTRACT FOR LAUDERBACH PARK
AND PASEO DEL REY PARK PLAY AREA RENOVATION,
RETURNING BID BOND AND AUTHORIZING READVERTISING FOR
BIDS - On 11/23/93, Council awarded a contract to Zasueta Contracting Co.
for the renovation of Lauderbach and Paseo Del Rey parks play areas. The
contractor was unable to submit insurance which met the City's specifications
and, as a result, cannot enter into a contract. Zasueta Contracting has requested
that the City rescind the award and return the bid bond. Staff recommends
approval of the resolution. (Director of Public Works and Director of Parks &
Recreation)
13. RESOLUTION 17460 APPROVING CHANGE ORDER NUMBER THREE WITH DOUGLAS E.
BARNHART, INC. FOR LANDSCAPE AND IRRIGATION
INSTALLATION ADJACENT TO THE SOUTH CHULA VISTA
LffiRARY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY -
Change Order Number Three totaling $22,182 is composed of two elements: 1)
move the responsibility for groundcover planting and landscaping in public right-
of-way and medians on 4th and Orange Avenues from the Public Works
Department's street improvement project to the Library's construction contractor
to take advantage of bulk pricing and assure timely installation; and 2) an
upgrade in irrigation equipment to comply with the Parks & Recreation
Department's Landscape Architect's request. The costs for the landscaping will
be reimbursed from the street improvement project funds. Staff recommends
approval of the resolution. (Director of Public Works and Library Director)
_..,,-
Agenda -4- April 12, 1994
14. RESOLUTION 17461 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 28, 1994
FOR A 5K15 MILE ROAD RACE SPONSORED BY THE BONITA ROAD
RUNNERS - The Bonita Roadrunners organization is requesting permission to
conduct their tenth annual road race on Saturday. May 28, 1994. A large
portion of the race is to be conducted on the streets surrounding Rohr Park,
including Sweetwater Road, Bonita Road, Central Avenue, and Willow Road.
Staff recommends approval of the resolution. (Director of Parks & Recreation)
15. REPORT EASTLAKE AFFORDABLE HOUSING IMPLEMENTATION PROGRAM
AND PROPOSED TASK FORCE - On 12/14/93, Council approved a General
Plan Amendment for a portion of the EastLake planned community. In
conjunction with their action, Council agreed to consider formation of an ad
hoc affordable housing task force to assist in the creation of an affordable
housing implementation program for the EastLake planned community. The
purpose of the report is to set forth a proposed work program for the
development of the affordable housing program, and to recommend the specific
composition of a task force to assist in developing the program. Staff
recommends Council: (I) approve the "program statement" for the EastLake
Planned Community Affordable Housing Task Force; and (2) approve the
recommended composition of the Task Force, and direct staff to solicit
nomination fnr final approval by Council at a later date. (Director of Planning
and Director of Community Development)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the piak fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None scheduled.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
CouncU's jurisdiction that is ~ an item on this agenda. (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 CouncU
on such a subject, please complete the yellow "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. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
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Agenda -5- April 12, 1994
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
16. REPORT SOUTHWESTERN COLLEGE TRANSIT FACILITY - On 2/10/93, the
Governing Board of Southwestern College approved a location for a transit
facility near the proposed new Library/Learning Resource Center. The site is
adjacent to the Campus Ring Road in the existing parking lot next to Devore
Stadium; access is off East "H" Street. On 2/26/93, a meeting was held at
Southwestern College to discuss the location. City staff identified numerous
concerns about the location including: additional operating cost for Chula Vista
Transit buses; access improvements that would be needed both on East "H"
Street and on campus; and the timing of developing a transit facility with the
new Library/Learning Resource Center which the College anticipates would not
be built for at least five years. Staff recommends Council accept the report.
(Director of Public Works)
17. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councibnembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
18. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
19. MAYOR'S REPORTlS)
a. Ratification of Appointment to the Charter Review Commission - Deric Prescott.
20. COUNCIL COMMENTS
Councilmember Horton
a. Center of Excellence for Oil Spill Management Training and Research - This is a request to
support the location of this training facility in the City of Chula Vista and to approve a resolution
asking the Port District of San Diego to participate in discussions to set up the Center and also
to request the support of Southwestern College regarding the formation of a non-profit
organization for its operation.
RESOLUTION 17462 SUPPORTING THE LOCATION OF THE CENTER OF EXCELLENCE
FOR OIL SPILL MANAGEMENT TRAINING AND RESEARCH
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Agenda -6- April 12, 1994
Councilmember Rindone
b. Council Referral Number 2857 Curfew Violations.
Councilmember Fox
c. Discussion of possible action to clarify direction of Border Environmental Commerce Alliance.
d. Discussion of possible action on County-wide Open Space District proposed by San Diego County.
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pennitted by law to be the subject of a cwsed
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 final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
cwsed session, reports of final action taken, and atljournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
21. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
· Christopher vs. the City of Chula Vista
· City of Chula Vista vs. the County of San Diego (Surcharge)
· John Hancock Mutual Life Insurance Company vs. the City of Chula Vista
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Chammas vs. the City of Chula Vista
22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on Tuesday, April 19, 1994 at 6:00 p.m. in the City
Council Chambers.
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CITY COUNCIL AGENDA STATEMENT
Item 1/1>
Meeting Date 04/12/94
ITEM TITLE: PROCLAMATION: Declaring April as Fair Housing Month in the
City of Chula Vista and commending the many individuals and
organizalions who conlinue to play a key role in the establishment and
ongoing success of the City's Fair Housing services and activities such as
the Annual Fair Housing Poster Contest
SUBMITTED BY: Community Development Director ú5·
The Fair Housing Council of San Diego administers the City's Fair Housing Program. These
services include site testing and follow-up, tenant and landlord counseling and referral, a hotline,
community education presentalions and the annual Fair Housing Poster Contest.
Ms. Heidi Hoag, Interim Execulive Director of the Fair Housing Council, will receive the
proclamation.
IC :IWP51 ICOUNClLI113SIPOSTER.113]
16-1
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PROCLAIMING THE MONTH OF APRIL 1994 AS
FAIR HOUSING MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, April 1994 marks the twenty-sixth anniversary of the Civil Rights Act
of 1968 which guarantees equal housing opportunities for all; and
WHEREAS, there are just laws at the state and national level which prohibit
discrimination in the sale, rental, marketing or financing of housing; and
WHEREAS, it is the solemn and sworn duty of government at all levels to protect
and defend the rights of all its citizens ad oppose housing discrimination whenever and
wherever it occurs; and
WHEREAS, despite all of the laws and policies, segregated housing patterns and
barriers to equal housing access still remain:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of April 1994 as FAIR HOUSING MONTH in the City of
Chula Vista.
'II? -3
.' -----------.- __ ___"__.m___'_'__ .__...____.________.._ _
I
Welcome to the 1994 City of Chula Vista Fair Housinq
Poster Contest Awards Reoeption
Awards pre.ented by Mayor Tim Nader
K-2 GRADE DIVISION
3RD PLACE: DENISSE RAMIREZ, 1ST GR., MS. PEELING, MUELLER ELEM
2ND PLACE: IAN GRIER, 1ST GR., MRS.WALLACE, MUELLER ELEM
1ST PLACE: VANESSA SANUDO, 2ND GR., BOYS & GIRLS CLUB OF C.V.
TOM NORMAND ~q'lMh(L, S~
, p~
3-4 GRADE DIVISION
3RD PLACE: MOLLY PARKS, 4TH GR., MRS. NICHOLSON, ROSEBANK ELEM
2ND PLACE: DAMARIZ NAVARRO, 4TH GR. ,MS. PRALL, MUELLER ELEM
1ST PLACE: CLAUDIA MARWAN, 4TH GR., MRS. SECHLER, HALECREST ELEM
5-6 GRADE DIVISION
3RD PLACE: JENNIFER USHER, 5TH GR. ,MRS. SECHLER, HALECREST ~ 'J
2ND PLACE: MICHAEL DESEO, 5TH GR., MR4. ~Æ VALLEY VIST s.ß IV p.s
1ST PLACE: BEN BARNES, 5TH GR., MRS. SECH , LECREST
HONORABLE MENTIONS
MICHELLE SHERIDAN, 4TH GR., MRS SECHLER, HALE CREST F ~
DE ANNE CARTWRIGHT 5TH GR., J11 .. (ns, VALLEY VISTA, PI (2., ~C-C!) I:
WALTER HANAU, 5TH GR., MRS. SECHLER, HALECREST
MICHAEL NEILL, 5TH GR., MRS. SECHLER, HALECREST
ALIX GONZALES, 4TH GR., MRS. SECHLER, HALCREST
THANK YOU FOR YOUR SUPPPORT OF FAIR HOUSING
FOLLOWING PRESENTATION OF AWARDS BY MAYOR NADER, STUDENTS, FAMILIES, FRIENDS
AND TEACHERS ARE INVITED TO RECEPTION ROOM FOR FOOD, BEVERAGES AND PICTURES
tjÞ~i
" __ ,_.._.,____.,.___.~__._._...____._ - __ _. ~___~___.._ _.__..__"__,_.._.,_,___".n__'.n_ ---------- -.
Item 4C
Marked to Show Changes
RESOLUTION NO. 17450
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ENDORSING AND SUPPORTING THE JUNE,
1994 MIRAMAR ADVISORY BALLOT MEASURE AND
DESIGNATING MIRAMAR AS THE PREFERRED SITE FOR
THE SAN DIEGO INTERNATIONAL AIRPORT
WHEREAS, the City of San Diego, the County of San Diego,
and other governmental agencies in the San Diego Region have been
searching for new ways of providing better airport service for the
region, and as a result of the search, the County Board of
Supervisors have placed an advisory measure on the June, 1994
ballot to determine the feasibility of Miramar as the preferred
site for the San Diego International Airport; and,
WHEREAS, the City of San Diego, Progress Guide and
General Plan for airports is to support continued designation of
Lindbergh Field as an airport and to pursue aggressively the use of
NAS Miramar as the region's air carrier airport if all or a major
portion of NAS Miramar is no longer required for national defense;
and,
WHEREAS, the significant noise and safety deficiencies at
Lindbergh Field including that it does not meet FAA minimum
standards for lower minimum visibility approaches and that pilots
are not able to use precision approach instruments when landing on
the primary approach runway; and,
WHEREAS, the inevitable and increasing problem of traffic
congestion - both ground and air mav well be detrimental to maximum
use of it] appL'saeflil'll§J g-riàlock at Lindbergh Field; and,
WHEREAS, in today's global market, the region may well
w4±± require a full-service airport if it is to sustain in the 21st
century a vibrant economy offering attractive employment, a sound
environment and an enviable quality of life; and,
WHEREAS, the reqion would be better served if the San
Diego International Airport was t]floulà be located in the geographic
center of the traveling public of San Diego County, in keeping with
the California Transportation Plan, and to provide the best ground
access; and
WHEREAS, the San Diego International Airport would be an
improved asset if t]floulà be located in the geographic center of the
air freight market to enhance economic visibility and diminish road
congestion associated by truck traffic.
1
Yc -)
NOW, THEREFORE, BE IT FURTHER RESOLVED the city council
of the City of Chula vista does hereby support and endorse the
June, 1994 Miramar Advisory Ballot Measure which states:
"The people of San Diego do hereby reaffirm
their strong support for the continued
presence of the u. S. Military in the San
Diego region. However, if the u. s.
Government decides to make NAS Miramar
available for civilian airport use, then
should all government officials cooperate to
make every effort to relocate Charles A.
Lindbergh International Airport to Miramar?"
BE IT FURTHER RESOLVED that the City of Chula vista
supports Miramar as the preferred site for the region's
international airport and urges all neighbor' cities to support
and endorse the June, 1994 Miramar Advisory Ba lot Mea e.
Presented by
Tim Nader, t ty
Mayor Bruce M.
Attorney
c: \rs\draur
2
J/C -~
__.,_.'U___~·'_·_~_·· _..,._________~____._._"._._~_._
April 7, 1994
TO: The Honorable Mayor and City Council ~
FROM: John D. Goss, City Manager fr; 1 (j
SUBJECT: City Council Meeting of April 12, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, April 12, 1994. Comments regarding the Written
Communications are as follows:
5a. This is a letter from the Regional Task Force on the Homeless (RTFH)
requesting $2,500 in funding from the City for the next fiscal year. It
does not identify a funding source or indicate if funding would be needed
in subsequent years. Historically, the City has provided funds to RTSFH
from the Community Development Block Grant (CDBG) Program. They received
funding in Fiscal Years 19B8, 1989 and 1990, but did not ask for City
funding in Fiscal Years 1991, 1992 or 1993. In the FY 1993-94 budget,
RTFH requested CDBG funding but were not funded.
Although the Fiscal Year 1994-95 CDBG application and budgeting process is
underway and requests are already being reviewed by City commissions, IT
IS RECOMMENDED THAT THIS REQUEST FOR FUNDING BE REFERRED TO THE COMMUNITY
DEVELOPMENT DEPARTMENT FOR LATE INCLUSION IN THE 1994-95 CDBG BUDGETING
PROCESS. Community Development staff will contact the Regional Task Force
to obtain the additional information needed. As their activities involve
research, planning and analysis, rather than direct delivery of services
to the homeless population, the funding request would be considered under
the category of "Planning and Administration," rather than "Social
Services", which is restricted to 15% of the total CDBG funding and has
received requests far in excess of the available funds.
JDG:mab
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00 REGIONAL TASK FORCE~~WóHOMELESS
'510 IW! 25 P3.2 'œ œ @ œ ~ w œ r¡)1
Mary Cotacicco, Ph.D. J ), ~ I
Travelers Aid Society Co-Chair r1arch 23, 1 ')"} 4 ~TY OF CHUt,~ VISTA .l MAR 2 5 1~~4 ! æJ¡
Supervisor Leon L. Williams
County of San Diego Co-Chair Tim ~~ader
TY CLERK'S OFFICE I ..
Mayor Susan Golding ~1a'lOr i· .----J
City of San Diego cm COUM;!lIH¡CES
Supervisor John MacDonald Ci t" of Chula \/ist_8. CHlIlA VISTA. CA
County of San Diego --,-,/ Fourth A'v'6nue
'::"'1'-'
Bruce Boland C hu. 1 ð ',/ista, CA 91['")10
United Way of San Diego County
David Janssen Dear Tim:
County of San Diego
Jack McGrory For almost nine years your ci t';l has regularly re
City of San Diego
cei'v'ed 'Valuable reports and technical support from
Glenn Allison OUì~ Task F'oíce, which serves a,':) this region's re
Episcopal Community Services source center on homelessness. Our research on
David Allsbrook homelessness, its conditions, and ô\Jallable íesourc
Centre City Development Corporation BS is frequentl" used around the county in documents
Mary Case ranging from housing elements of general plans to
St. Vincent de Paul Village, Inc.
grant applications fay federal and state funds.
Larry Johnson
United Way of San Diego County
^.~ you know from paTticipati ng as a panelist at our
Aurelia Koby 1""1.:;:'
S.D. Consortium & P.Le. conf€n~ence last month, these common issues can be
Victor Kops, Ph.D. most. effecti·vel" addressed through a regional part
San Diego Center for Psychotherapy nership.
Chris Kuehler
La Jolla Presbyterian Church
Tom Leslie We are asking that. Chula Vista become a par t ner in
San Diego City Homeless Services Coord. this effo,·t through a contribution -+ $2.500. This
v,
Jim Lundgren level of support from your Cit." and other local
SER/Jobs For Progress, Inc. jUíisdictions would be augmented by $30,000 from the
Dan Marcus City of ::'-)an Diego and $35,000 from United Way' of C)an
South Bay Community Services Diego County to allo" us t.o continue VJor k this
our
Dennis Martinek, Ph.D. next fiscal year.
Professor, Palomar College
Elizabeth Morris
San Diego City Housing Commission n ~. . that all cities ha'v'e a regional 2~ta ke in
r,ecognlzlng
Larry Murnane the costs of homelessness, we hope that we can hò'v'e
Attorney, Peterson & Price /OUT personal support for a decision from /our city
Mary Niez to contribute to the Task Force.
Interfaith Shelter Network
Dave Owen Thank for considering this request. On behalf of
San Diego County Farm Bureau YOU
Gabriel Rodriguez OUI board, we look forwa.rd to hearing flam you"
S.D.County Housing & Cmnty Devl
Jimmie Slack
Supervisor Leon L. Williams' Office
Art Stevens
East County Representative
Henry Tarke, LCSW - /'~
S.D.County Dept. Health Services ank Landerville
Georgia Tate Project Di Îectoì~
CO""'Y ofS," Oi'go tJ:!i ~. VI T ON,S
:;'~::~:~;::b::.':.:.O~I'" cc; .'¿~ ~. liTTEN COMMUNiC~
V",""mV,,,,,",ofS,"O,,go 02 'Ø ~ 8.<2V #-z - ,7'
F"nkL~"d"'ill' 655 Fourth Avenue San Diego, CA 92101 (619) 239-4800 PAX (619) 239-8010 ~J'.
Pm"" 0""'01 Supported thtoug~ the Cj!y o( San Di~~it~d Way~of San Die~nty )
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COUNCIL AGENDA STATEMENT
Item ~
Meeûng date 4/12/94
Item Tide: Resolution \"1., S I approving an agreement with the County of San Diego
Air Pollution Control District for granting $179,750 to the Energy Conservation Fund for
development of a telecenter; and amend, appropriate and approve telecenter budget for
$249,750, and amend the FY 1993-94 budget to include a temporary expert professional 1.0
FTE.
Submitted bv: Barbara Bamberger, Environmental Resource Manager~
Reviewed bv: City Manager (4/5th Vote: Yes....!... No->
On November 23, 1993 the City Council accepted $179,750 from the Air Pollution Control
Board in grant funds provided to the City for the purpose of developing a neighborhood
telecenter. On February 1, 1994 Council accepted an additional $100,000 (for a total of
$279,750) in funding from Caltrans, appropriated $30,000 of that funding to hire a Telecenter
Coordinator, and approved participation in the University of California - Davis Institute of
Transportation Studies (ITS) Neighborhood Telecenters Project. In order to facilitate
development of the Telecenter, staff is returning to Council with: a) a telecenter budget
recommendation, b) approval of an agreement, subj ect to and contingent upon any changes
and amendments to the agreement that may be required by the City Attorney and the City
Manager between the County Air Pollution Control Board and the City, and c) appropriation
of the remaining $249,750 ($70,000 remaining from the UC-Davis agreement and an
additional $179,750 from the County) from the unappropriated balance of the general fund, to
be reimbursed by the County upon receipt of invoices.
Recommendations:
Approve agreement with the County of San Diego Air Pollution Control District, in
substantially the same form as in attachment B, for granting $179,750 to the Energy
Conservation Fund, such approval to be subject to and contingent upon any changes and
amendments to the agreement that may be required by the City Attorney and the City
Manager and amend existing $30,000 telecenter budget to include an additional $179,750 in
grant funding from the County and $70,000 in grant funding from the University of
California- Davis, budgeted from the unappropriated balance of the general fund, to be
reimbursed by the County Air Pollution Control District and the University of California -
Davis, respectively, upon invoices from the City, and amend the FY 1993-94 budget to
include a temporary expert professional 1.0 FTE.
Boards/Commissions Recommendations: n/a.
Co-I
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Page 2. Item LD
Meeting Date 4/12/94
Discussion:
On February 1st, Council approved participation in the CaltransfUC-Ðavis Telecenters Project.
This report outlines the proposed site development process, site budget and planning tasks
expected to occur in the next 6 - 12 months, per the proposed contract agreement with APCD
and the University of California Davis/Caltrans.
Contractual obligations
Because county funding is specifically for the purpose of trip reduction programs, the
County's contract is based on the City's stated vehicle trip reduction goal. The ultimate
number of trips reduced is based on the capacity of the center and the variety of users it
attracts. The City's existing contract with UC.-Davis/CalTrans establishes that the center must
open by June 1, 1994 with at least 10 workstations and with a telecommuter occupancy rate
of 25%. The City plans to lease enough space to increase the number of workstations in a
phased process to 20 by the end of the middle of the second year, and plans to market the
center in order to maintain a high occupancy rate. During the first two years of operation, the
City plans to add services that will be available to the public and reduce trips, such as
distance learning, teleshopping and video conferencing, and lease the space to afterhour users.
Therefore, at maximum occupancy during year two, it is expected that the telecenter can
reduce vehicle trips by 35 per day. The appropriation from vehicle registration funds is
currently $179,750. An additional $30,127 have been matched in in-kind contribution by the
City of Chula Vista. This additional $30,127 was based upon full-cost recovery figures for
environmental manager, clerical, planning, building and housing and legal staff positions as
follows for the following months:
November 1, 1993 - April 1, 1994
Environmental Resource Manager
(salary + benefits @ 60 person days) = $ 16,473.60
Clerical support
(hrly rate + benefits @ 6 dys/mo @ 5 mths) = $ 4,4352.00
Combined Community Development, Planning,
Building and Housing staff (for building permit approval)
(salary + benefits @ 15 person days) $ 4,118.00
Legal support
(hrly rate + benefits @ 15 person days) $ 5,184.00
--~-------------
TOTAL $30,127
The Environmental Resource Manager will act as the Contract Administrator for the purpose
of this contract, and work directly with the Assistant Telecenter Coordinator and Site
Administrator for implementation, development and ongoing operations of the Telecenter.
An additional position to be funded with Vehicle Registration Funds will be the Site
Administrator Position.
(.,.-2
"-"---- ,____ M' ,'.__._____ _m ____,___~_~._._._.__~___,____..
Page 3, Item 0
Meeting Date 4/12/94
Site Administrator:
Unless the City receives additional funding for the existing Assistant Telecenter Coordinator,
the Site Administrator will replace the current Assistant Telecenter Coordinator and will
primarily be in charge of running the telecenter and recruiting telecenter users. Shortly before
the opening of the telecenter on June 1, 1994, a temporary Site Administrator will be hired
for the purpose of continued recruitment, marketing, administration of the telecenter, billing,
and identifying for off-hour uses, such as distance learning or computer training. The Site
Administrator, salary at top step $18 per hour (equivalent to Building Projects Supervisor),
will be responsible for all post-opening activities relating to the Telecenter, its operations,
business development, management, and marketing. In close coordination with City staff and
other personnel, the Site Administrator would be responsible for:
· Business development activities, recruitment, and promotion of the telecenter to create
a financially self supporting Center within as short a time period as feasible
· Personal computer system/software administration
· Financial accounting of revenues and expenditures
· Monitoring and evaluation reports as well as regular status reports for submittal to the
County and the UC-Davis Neighborhood Telecenter Program
· Management of the grants for the telecenter project for compliance with federal and
state requirements
· Soliciting sponsors and financial resources for the telecenter
· Preparing proposals for funding and for subscription of clients to the telecenter.
· Monitoring and controlling operating expenses of the telecenter under direction of the
City.
The recruitment process for this position will begin in May of 1994. It is anticipated this
position will be a temporary or contracted position at this time. The Site Administrator is
anticipated to have marketing and sales experience, telecommunications knowledge,
management and administrative skills, and excellent writing and communication skills.
The Site Administrator, it is anticipated, will be temporary professional personnel and will not
be contracted.
The description of tasks to be performed in relation to the County contract and its correlated
activity budget are as follows:
UC-Davis Contract budget:
Budget items allocated for the remaining $70,000 from the DC-Davis agreement, already
approved by Council on February 1st, 1994, include funding for the following: office
equipment at $10,000, other commodities at 2,000, computer equipment at $22,000, lease
payments at $36,000.
10-3
-,.->-- ---,', ----
Page 4, Item (,.,
Meeting Date 4/12/94
Worlt Tasks and Project Objecûves for County APCD Contract:
Task 1: Project Iniûaûon
Identify and coordinate with other entities, transportation management associations, local air
district, Caltrans, SANDAG, and other telecenter coordinators. Develop a city task force with
community and Council representatives to oversee planning and development of the
telecenter. Complete agreement with University of California - Davis for participation,
funding and inclusion in the UC-Davis Neighborhood Telecenters Project. Identify project
staff, prepare job description, hire telecenter coordinator.
Delivemble: Contract with UC-Davis for participaûon in Neighbomood Telecente~
Project and proof that hiring of telecenter coordinator is complete.
Date: Febmwy 1, 1994
Payment: 0
Task 2: Select Site
Select site and equip telecenter facilities with a minimum of 10 workstations. Hire site
designer, acquire and equip telecenter:
Delivemble: Lease agreement
Date: May 20, 1994
Payment: $37,750
Opemûng Expenses: $37,750
Insurance 2,000
Utilities 8,000
Lease Payments 3,000
Contractual services 19,750
Office supplies 5,000
Task 3: Planning and Development SelVices:
3.1 : Develop participation agreements between City and employers.
3.2: Recruit and secure employees and partners to utilize telecenter.
3.3: Initiate recruitment for Site Administrator
3.4: Open Telecenter June 1st, 1994 at 25% occupancy.
Delivemble: Provide Business Pan and Opemûon Plan for Telecenter
Date: June 20, 1994
Payment: $79,500
Development Disbursements: $79,500
Site design and Improvements 30,000
Phone equipment/installation 20,000
Office Equipment 18,000
Computer equipment 10,000
Other equipment $1,500
(;,-'-1
-<--- -<...<._._-< -,.--<- -- .._~... ._-_._._-~-"._..._._.- .._.. ----
Page 5, Item ~
Meeting Date 4/12/94
Task 4: Site Administrator ReclUitment
The Site Administrator, along with the position's associated administrative costs, will be
budgeted at a total of $39,900. This includes the costs for hourly wages, all benefits, mileage
and travel relating to the telecenter project, as listed in attachment A.
Deliverable: Provide evidence site administrator has been hired.
Date: July 20, 1994
Payment: $39,900
Staffing and related expenses: $39,900
Hourly wages $36,000
Pars 2,550
Medicare 550
Mileage 300
Travel 500
Task 5: ReclUitment and ongoing opemtion
5.1: Distribute and collect program evaluation data including surveys and attendance logs.
5.2: Develop ongoing training workshops for employers and employees.
5.3: Develop monthly reports on occupancy, operation, maintenance, income and expenses.
5.4: Attain 50% occupancy by November 1st, 1994.
5.5: Identify partnerships to meet goal of reducing trips by 44 vehicle trips per day.
Recruit employers and employees for telecenter, identify partnerships for off peak users,
develop participation agreements between city and employers, initiate recruitment for
telecenter administrator, market and advertise telecenter and plan grand opening event for
June 15, 1994.
Deliverable: Provide evidence of 25% occupancy in the fOIm of executed
opemtOJitenant agreements and evidence of secured facilities in the fOIm of an
executed lease agreement
Date: August 20, 1994
Payment #1: $12,600
Delivemble: Pl'Ovide evidence of 50% occupancy.
Date: November 20, 1994
Payment #2: $10,000
Marlœting, advertising: $22,600
Advertising 7,600
Postage 4,000
Promotional expenses 3,000
Printing and Binding 8,000
1:o-S
, _.. - - _.._-_.~. ,'0'-"__'_"'_ _'u_.___.~_~_._._._.__._
Page 6, Item~
Meeting Date 4/12/94
Task 6: Evaluation SelVices.
6.1: Coordinate with University to distribute and collect program evaluation data.
6.2: Monitor and evaluate methods and materials used to determine effectiveness of this
proj ect and utilization oftelecenter.
6.3: Develop recommendations for changes or improvements to any element of the
telecenter.
In exchange for receiving funding from the University of California - Davis/Caltrans, the City
is obligated to coordinate with the University of California Davis by distributing and
collecting program evaluation data, including the following: attitudinal surveys, daily
attendance logs, and three-day travel diaries. This item will be included as part of the ongoing
work the Site Administrator will be asked to fulfill.
Delivemble: Final study indicating the evaluation and utilization of telecenteß
throughout the state.
Date: September 1, 1995
Payment: 0
The City will continually identify employers through an aggressive marketing outreach effort
to participate in the project. Because the ITS Telecenters Project is experimental by nature,
staff expects the project to evolve over time, with many changes and possible failures to
overcome. The data collected through this experiment will help determine the purpose of
future telecenters and other related facilities. For more specific management asks, please see
attached Services agreement and Gant Chart.
FISCAL IMPACf
Upon approval of the County contract, the City will realize an additional $179,750 in grant
funding from the County Air Pollution Control District. In addition, the City will realize a
$70,000 increase in Caltrans grant funding by appropriating the unappropriated balance of the
$100,000 University of California - Davis/Caltrans contract. If Council approves the proposed
budget get, accounts as described Attachment A, $249,000 will be appropriated from the
unappropriated balance of the general fund to the Energy Conservation Fund to be reimbursed
upon receipt of monthly invoices detsiling expenses of this contract and in accordance with
the budget agreed upon in the contract with the University of California- Davis and the
County of San Diego. Funds should cover operation for the first 13 months; continued
operation will require additional funds. Staff plans to apply for additional grants for future
funding of the Telecenter. Every effort will be made in planning for the Telecenter to be self-
sufficient after the first two years. If no additional grants are received in the next two years,
there may be ongoing costs to continue operation of the Telecenter, but those costs are
unknown at this time. The range of costs, based upon the first year budget, will be $80,000 -
$100,000.
Attachment A: Telecenter Budget
Attachment B: APCD Contract
Attachment C: UC-Davis Services Agreement
Attachment D: Flow Chart for February - July 1994 tasks
¿,,-~
_ _ _ _ _.___~. ~_____._...m.__+.~______."__".·'
Page 7, Item Ú
Meeting Date 4/12/94
A TIAŒMENT A
Budget for: 280-2801 - Caltrans grant at $100,000
Budget for: 280-2805 - Vehicle Registration Fund Grant at $179,750
Energy ConselVation Fund - Telecenter Project
(funding denoted by grant source C = Caltrans, V = Vehicle Registration Funds)
TOTAL: $249,750
Staffing and related expenses: $39,900 - V
Account Cate!!OIV Total Amount Grant source
5105 Hourly wages $36,000 36,000 V
5145 Pars 2,550 2,550 V
5143 Medicare 550 550 V
5225 Mileage 300 300 V
5221 Travel 500 500 V
Development Disbursements: Total: $113,500: ($79,500 V, $34,000 c)
5562 Site design and Improvements 30,000 30,000 V
5252 Phone equipment/installation 20,000 20,000 V
5566 Office Equipment 28,000 18,000 V
(copiers, fax, office furniture) 10,000 C
5398 Other commodities (software) 2,000 2,000 C
5560 Computer equipment 32,000 22,000 C
10,000 V
5568 Other equipment $1,500 1,5QO V
¡;~?
---_._--' ".----'-'."--".-""-'------"-"'.---'--
Operating Expenses: Total: $73,750 ($37,750 V, $36,000 C)
Account Cate!!orv Total Amount Grant source
5231 Insurance $2,000 $2,000 V
5251 Utilities 8,000 8,000 V
5271 Lease payments 39,000 36,000 C
3,000 V
5298 Contractual services 19,750 19,750 V
(maintenance, service, telemarketing, janitorial)
5398 Office supplies 5,000 5,000 V
Marketing, advertising: Total: $22,600 V
5211 Advertising 7,600 7,600 V
5218 Postage 4,000 4,000 V
5222 Promotional expenses 3,000 3,000 V
5212 Printing and Binding 8,000 8,000 V
Total: $249,750
t-r
_....._._~-_..._.._.--_._.- . ---'-~'--- "'---'-~--'-'-"-'-"'-'----""-~-
RESOLUTION NO. 17'151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
COUNTY OF SAN DIEGO AIR POLLUTION CONTROL
DISTRICT FOR GRANTING $179,750 TO THE ENERGY
CONSERVATION FUND FOR DEVELOPMENT OF A
TELECENTER AND AMEND, APPROPRIATE AND APPROVE
TELECENTER BUDGET FOR $249,750 AND AMEND THE
FY 1993-94 BUDGET TO INCLUDE A TEMPORARY
EXPERT PROFESSIONAL 1.0 FTE
WHEREAS, on November 23, 1993 the city Council accepted
$179,750 from the Air Pollution Control Board in grant funds
provided to the city for the purposes of developing a neighborhood
telecenter; and,
WHEREAS, on February 1, 1994 Council accepted an
additional $100,000 (for a total of $279,750) in funding from
Caltrans, appropriated $30,000 of that funding to hire a Telecenter
Coordinator, and approved participation in the University of
California - Davis Institute of Transportation Studies (ITS)
Neighborhood Telecenter Project; and,
WHEREAS, in order to facilitate development of the
Telecenter, staff is returning to Council with a recomended budget
and appropriation of the remaining $249,750 to allow the task force
and Telecenter Coordinator to continue with site selection
activities, and approval of an agreement between the County Air
Pollution Control Board and the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an agreement, in
substantially the same form attached hereto, with the County of
San Diego Air Pollution Control District for granting $179,750 to
the Energy Conservation Fund for development of a telecenter, such
approval to be subj ect to and contingent upon any changes and
amendments to the agreement that may be required by the city
Attorney and the City Manager, a copy of which shall be kept on
file in the office of the City Clerk as Document No. (to be
completed by the city Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the City Council does hereby
amend, appropriate and approve the Telecenter Budget for $249,750
as set forth in Attachment A, attached hereto and incorporated
herein by reference as if set forth in full.
1 ~-tj
~._-..._.~--_.,..__..,_.._.__.__..._-_...._------~_..~----~------~--,-_._,--_..-
BE IT FURTHER RESOLVED that the FY 1993-94 budget is
amended to include a temporary expert professional 1.0 FTE in Non-
Departmental Budget Account 280-2805-5105 to be reimbursed upon
invoices to the Air Pollution Control District/County of San Diego.
Presented by Approved as to form by
~
Barbara Bamberger, Environmental ty
Resource Manager
G: \ rs\ telcntr. app
2 ~ ~/t? /b- II
_._.._._~-,--,_._---_._.~----_..._--_.__..~-,-----------
April 12, 1994
TO: Councilman Jerry Rindone ~
Ú. ' ~
FROM: John D. Goss, City Manager k~~
SUBJECT: Response to Questions regarding the April 12, 1994 Agenda
Following are staff's responses to your questions regarding the Telecenter (Item
6) on the above referenced Council agenda.
1. THE SITE ADMINISTRATOR POSITION IS DESCRIBED TO REPLACE THE CURRENT
ASSISTANT TELECENTER COORDINATOR. SPECIFICALLY, HOW WOULD THIS POSITION
DIFFER?
2. WHY DO WE NEED THE SITE ADMINISTRATOR; WOULD NOT MODIFICATION OF THE JOB
DESCRIPTION FOR THE ASSISTANT TELECENTER COORDINATOR BE SUFFICIENT?
The Assistant Telecenter Coordinator is in charge of business start-up and
operations of the Telecenter. The Assistant Telecenter Coordinator will write
the business plan, marketing plan, and operations plan for the Telecenter. In
addition, the ATC functions as site development coordinator, staff to Telecenter
Task Force, and wi 11 identify partnerships for off-peak hours, recru i t of
employees/employers and perform targeted marketing. The Assistant Telecenter
Coord inator must have extens i ve market i ng and advert i sing skills, business
development and business start-up skills, operations management, planning, and
marketing research.
The Site Administrator posistion is more focused on general marketing strategies,
ongoing recruitment efforts and office management. The Site Administrator will
likely be in the office, assist and attend to the telecommuters, a s needed,
market the Telecenter, work with the equipment within the Telecenter, and be
responsible for its total management. A further listing of the Site
Administrator duties is found on Pages 3-6 of the agenda statement, which we
would be happy to expand on orally at the meeting if requested. Should we be
able to get additional funding, we might look at an overlap period with two
employees and some extended role for the Assistant Telecenter Coordination and
some bifurcation of duties.
The Site Administrator encompasses office management and marketing skills and is
really a separate job description than the Assistant Telecenter Coordinator.
Again, should we be successful in getting additional funds, we would probably
want to retain separate job descriptions in order to take advantage of the
marketing and business development sk ills associated with the Assistant
Telecenter . Coord i nator. If no additional funding exists, then the Site
Administrator wi 11, in effect, replace the Assisstant Telecenter Coordinator, but
in a more limited scope.
3. WHAT IS THE ANNUAL SALARY FOR THIS TEMPORARY POSITION (ESTIMATED TOTAL IS
$39,900, BUT IS THAT THE ANNUALIZED SALARY IF WORKED A FULL YEAR)?
Yes, the $39,900 is the annual salary for a full year's funding of this position.
&~/)
" u_. ._.._..._....___,.____.._._______
APR e6 . 94 ! 6181 P.82 ~6
ATTACHMENT B
] FISCAL YEÂIU'~VEHlCLEREGISTRATIONFUNDINGALLOCATION
2 PIAN GRANT S RVICE CONTRACI'WITH THE CITY CHUIA VISTA, CA.
3 THIS AGREEMENT made and entered into this_day of March 1994, by and between
4 tbe Air Pollution Control District, a special district existing by virtUe of tbe laws of tbe State
5 of California, hereinafter çaJled . APCD," and the City of (hula Vista, a political subdivision
6 of the State of California with a business address of 0000 Founh Avenue, Chula Vista,
7 California 91910, hereinafter called "CONTRACTOR",
,
8 RBCITALS:
9 WHEREAS, the APeD, by its action on September 28. 1993, (APCD MirIute Order No. 1).
10 approved the Fiscal Year 1993j94.Vehkle Registmtion Fundinr A1Iocation Pkm (Plan), 1J94. .. ,..... -.
r r:; e,: . ,)~ .:'. r , ~?
11 Teleeenters Project, and authorized the Director of Purchasing and Contracting, pursuant
]2 to Article XXIII, Section 40] of the Administrative Code, to negotiate a grant service
13 contract, "
14
IS 'tJHEREAS, the APCD/County desires sucb servi~ to be provided in accordance with the
16 ÇQNTRACfOR's Statement of Work dated . 1993. as modified by its revised
17 ~tatement of Work, dated February 10, .1994. attached hereto as Exhibit A and whereas the
18 ~NTRACfOR agrees to provide. the services subject to the following additional
19 conditions.
20
21 WHEREAS, CONTRACTOR is specially trained and possesses œnain skills, experience,
22 education, and competency to perform special services; and NOW TIlEREFORE, in
23 consideration of tbepromises, and mutual covenants and agreements herein contained, it
24 is agreed as foUows:
2S
26
Z1
28 Page 1 of 19
0-/-2.
__"___m____ -- ,~--------" _n·.·._._~.__.____._..~_.___._______.___,_
t PART I - STANDARD TERMS & CONDmONS
2 1. TERM OF AGREEMENT
3 The term of this Agreement shall commence effective on September 28, 1993, and continue
4 until . 1995, during wbich time CONTRAcroR shall perform the services or acquire
5 the equipment desCl1'bed herein.
6 2. DEFINI110NS
7 2.1 "County" shall mean the County of San Diego and shall be used interchangeably
8 with the County of San Diego.
9 2.2 · APCD" shall mean the Air Pollution Control District and shall be used
·
10 interchangeably with the County of San Diego. .... ....... .. ._...u_
..« _, ._"'" ," ,'e'-' .. .......
11 p ~ ., . ,. '"offeror" shall mean any person, firm, pannership, or corporation ~b¡ri¡tting a
12 grant proposal to the County in response to the APeD's grant solicitation.
13 . 2.4 ·CONIRACfOR" shall mean the offeror whose proposal is acœpted by Agency
14 ~d who has entered into an agreement with Agency to pr'OYide the equipment and servi<:es
15 cIescribed herein.
· 16 2.5 "Vendor" shall mean the same as CONTRAcroR.
17 2.6 "Major Equipment" shall include, but is not limited to, movable personal
18 property of relatively pennanent nature. having a useful life of three years or longer. and
19 of significant value. 51000 or over.
20 2.7 . "Minor Eqµipment" shall include all items not defined in paragraph 1.5 above
21 that is under 51000 in value and having a usefullüe of less than three years.
· 22 2.8. Where questions arise pertaining to the classification of equipment as major or
23 minor, the COWIt)I of San Díqo Administrative ManuaL Item 0050..02-1 shall contro!.
24 ~ AFFIRMArJVE ACI10N
2S 3.1 Each vendor, where the cumulative total of purchases ordered are 510.000 or
26 more during a c:alendar year, shall comply with the Affirmative Action Program for Vendors
r¡
28 Page 2 of 19
·
h --) 3
AP~ 06 ",.. 161.,3 P.84
.....
1 as set fonh in Anlele DIk (commencìng at Section 84) of the San Diego County
2 Administrative Code, which program Is Inc01porated herein by reference. A c:opy of this
3 Affirmative Action Program will be fumished upon request by the County of San Diego
4 Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 92101. The
S County of San Diego, as a matter of policy, encourages the participation of small, minority,
6 and women owned businesses.
7 3.2 CON1RAcroR will not discriminate against any employee, or against any
8 applicant for such employment, because of age, race, color, religion, gender, physical
9 handicap, ancestry, or national origin.
10 .;'"' ., ." J.2; 11,!plicabilJJy; This provision shall include, but not be limited, ~~ ~Ilowing:, 0--. ,..
11 Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
12 or termination; rates of payor other forms of compensation; and seleçtion for training,
13 lncl,udlng apprenticeship. ,
14 ¡ 3.2.2 Affinnatìve Action PTog,fM,.. TheCON1RACI'OR shall comply with the
"
IS , requirements of tbe OOUNTY'S Affirmative Adion /'rQg,fMlI for Vendor.s as sot forth in
16 Article Ink of T1uJ Co!Ully of San Diego AdnúnJstraJive Code, unless specifically exempted
, '
17 in accordance with the Article's rules and "'&J,II/tions.
18 ~ CONOUer OF CONTRACI'OR
19 4.1 The OONTRACfOR agrees to Infonn the County of all the OON1RACT-
.
20 OR's interests, if any, which are or which the OONTRAcroR believes to be incompatible
.
2.1 with any interests of the County.
22 4.2 The CONTRACfOR shall DOt, under circumstances which might reasonably be
23 interpreted as an attempt to influence the recipien~ in the conduct of his duties" accept any
. . . .-
24 gratuity or speciaj favor from individuals or organizations with whom the CON1RAcroR
2S is doing business or proposing to do business, in accomplishing the work under the contrac:t.
26 4.3 The CONTRAcroR shall not use for personal gain or make other improper use
27
28 Page 3 of 19
'.
...... ..0 t-;1 - "
- _..,..._.____._..___~. _.. _..,__. .__..__.._ _____...____~_ ..._.~~.__n._.__
1 of privil8ged information whith is 8a¡uired in oonnection with his employment. In this con-
2 nection, the term "privileged information" includes, but is not limited to, unpublished
3 information relating to tecl1nologiœl and scientific development: mediœl, personnel, or
4 security rec:ords of the individuals; anticipated materials requirements or pricing actions; and
5 knowledge of selections of contral:!ors or subcontral:!ors in advanc:e of official annOQIlc:e-
6 ment.
7 4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors,
8 entertainment dire<:tly or indire<:tly to County employees.
9 S. PROHIBITED CONTRACI'S
10 Section 67 of the San Diego County. A(bn.ini~Jr.ative Çode provides .that the County_shall not. ~,._-.
· cåliiract WiÎh, and -shall rejel:! any bid or proposal submitted by tbe perso~ r;; entities
11
12 specified below, unless the Board of Supervisors finds that special circ:umstances eJå5t whith
13 ' jµstify the approval of suchcontral:!:
14 J 5.1 Persons employed by the County or of public agencies for which the Board of
15 Supervisors is the governing body;
16 ¡ 5.2 Profit-making firms or businesses in which employees descnòed in sub-section
· 17 (a) of code serve as offic:ers, principals. partners, or major sharebolders:
18 ·53 Persons who, within the immediately preceding twelve (12) months came within
19 the provisio~ of the above sub-section and who (1) were employed in positions of
20 substantial responsibility in the area of service to be performed by the contral:!, or (2)
21 participated Ú1 any way in developing the contract or its 5ervic:e specifications; and
22 ~.4 . Profit-making firms or businesses i,! which the fonner employees descnòed in
23 t 163 of code serve as offic:ers, principals, partners, or major shareholders. With the affixing
·
24 of a signature to your response to this solicitation, offeror certifies that the above provisions
2S of the Code have been complied with, and that any exception will cause any ensuing
26 contral:! to be invalid.
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28 Page 4 of 19
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APR ~6 . 94 16104 1".06
1 6- TERMINATION FOR DEFAULT
2 The County may, by written notice of default to the vendor, terminate any the CONTRAC
3 TOR in whole or in pan should the CONTRACTOR be in default under this contract. In
4 the event of such tern1ÏnaûolJ, the APCD/County reserves the right to purchase or obtain
S the supplies or services elsewhere, and the defaulting vendor shall be liable for the
6 difference between the prices set forth in the terminated order and the aetual cost thereof
7 to the APCD/County. The prevailing market price shall be considered the fair ropun:hase
8 price. If, after notice of termination of this contract under tbe provisions of tbis dauBe, it
9 is determined for any reason tbat the CONTRACfOR was not in default under thÍ$
10 p~sions of tbÍ$ dause, the rights and ~bl!gatío~ of the P!'-fÛes, shan. if tlte 9Qn~, "".
11 cóhtaiIís ÌI.' éIaliSe providing for termination for convenience of the APCD/Co;u.;tY, be the
12 same as if the notice of termination bad been issued pursuant to such clause. The rights
13 and remedies of APCD/County provided in this article shall not be exdusive and are in
14 a~didon_ to any other ¡ights and remedies providc<l by law or under resulting order. Any
15 te!mÌnaûon for default under this c:ontract shall be handled in accordance with 1M County
16 of San ~ Contracting MamuzL JanuIZIY 1982 Ed., Part 1-8, TmniTuztion ofCo tf¡oas, Pøges
17 189 tIvough 207 inclusive atttMkd hereto ø.t Exhibit B. '
18 7. ' TERMINATION FOR CONVENIENCE
19 The APCD/County may. by written notice stating the extent and effective date. terminate
20 this contract for convenience In whole or In pan, at any time. ,The APCD/County shall pay
21 tlte vendor as full compensation for peñormance untü such termination:
22 7.1 The unit or pro rata price for the delivered and accepted portion.
23 72 A reasonable amount, as costs of termination, not otherwise recoverable from
24 other sources by the vendor as approved by the APCD/County, with respect to the
2S unpeñormed or unaccepted ponion of the services, provided ~"' I<>nsation hereunder shall
26 in no event exceed the total price.
27
28 .'- . Page 5 of 19
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....' .. - - -- -..-,-,-"".-..-..--.."- -.. --'--,"-' '-~_.. "---.--..--...,- --'-
APR e6 "4 161e~ ..'
1 7.3 In no event shall the APCD/County be liable for any loss of profits on the
2 resulting order or portion thereof so terminated.
3 7.4 The rights and remedies of APCD/County provided in this article shall not be
4 exclusive and are in addidon to any other rights and remedies provided by law or under
5 resulting order.
6 7.5 Any termination for convenience under this contract shall be bandied in
7 accordance with The COWIIy of San fM80 CoNractinC Marwal, IQ1fUQ1)' 1982 &I., PtD11..1J,
8 Temùnation of Contracts, Pages 189 thToufh 207 inclusive.
9 I. CONTRACf ADMINISTRATION
10 The Director of Purchasing and Contra(¡tjng (s.the d~ignated Contracting Officer.end is,the . ' ~ '.'.-~.'
· 11 ohl§ AÞci>'offi~'authorized to make any changcs to this agreement. The APCDiCounty
12 bas designated the following individual as the Contraa. Administntor: H. Paul Sidhu.
13 Deputy Director, Air Pollution Control District, 'ISO Chesapeake Drive, SaD Die&O, C.
14 !pp3-1096. Thc Contract Administrator will chair contractor progress meetings and will
15 coordinate the APCD's contract administrative functions. The Cont.I1:lCl Administrator is
16 designated t.o receive and approve CONTRACfOR invoices for payment, audit and inspect
· 17 rccords" inspect contractor services, and provide other teclmica1 guidance as required. Tbe
18 Contract Administrator is IKI1 aut.horized to change any terms and conditions of the
19 Contract. ,.Changes to the scope of work will be made only by the Board of Supervisors
20 and/or the Contracting Officer issuing a properly exeeuted Change Ordel' .llooj(jwtiun.
21 9. NOnCE
22 Any notice or notices required or pennitted to be given pursuant to this Agreement may be
23 personally served 011 the other party by the party giving such notiœ, or may be served by
·
24 certified, mail, postage prepaid, return receipt requested, to the fonowing addresses:
25 9.1 . . Attention: H. Paul Sidhu, Deputy Director, Alr Pollution Control District. 91SO
26 CheMpeake MS 0.176, San DIego, CA 92123.
27
28 Page 6 of 19
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RPR e6 -94 l'I!I~ 1'.08
1 9.2 Atteatioa: Barbara Bamber¡er. Cit;)' of Claela Vista, 0000 Fourth 4'ft11\ue, Oaula
2 Vista, California '1910.
3 10. DlSPUfES
4 Except as otherwise provided in this contract, any dispute conceming a question of fact
5 arising under this oontract which Is IIOt disposed of by agreement shall be decided by the
6 ContraCting Officer who shall furnish the decision to the CONlRACTOR in writing.
7 10.1 The decision of the Contraáing Officer shall be final and conclusive unless
8 detemñned by the court of competent jurisdiction to haw been fraudUlent or capri(';ÏOU5, or
9 arbitral)'. or so grossly erroneous as necessarily to imply bad faith. 1bc CONTRACTOR
10 shall proceed dìligently with_ the peñ!>~ of tile contract pending the_ Contracting. _.. .. .-..~.
dfficeh i:leé:ision: " r"."Iç.
11
12 10.2 1be "DisputeS" clause does not preclude consideration of legal questions in
13 ' oonnection with d~oll5 provided for in paragraph 9.1 above.
14 Nothing in this contract shall be construed as making final the decision of any administrative
15 official, representative, or board on a question of law.
16 11. alANGES ;.
17 The Contracting Officer may at any time. by written order. make changes within the general
18 scope of this oontraçt, in the definition of serviClCS to be performed, and the time (i.e~ houri
19 of the day. days of the week, ete..) and place of performance thereof. If any such change
20 ....n·es an inc::rcase or decrease in the cost of, or the time required for the peñonnance of
21 any pan of the work under this contraâ, whether changed or not changed by any such order.
22 an equitable adjustment shall be made in the contract price or delivery sc:hedule. or both,
23 and the oontract shall be modified in writing accordingly. Any claim by the CONTRAC-
24 TOR for adjustment under this dause must be assencd within 30 days from the date of
2S receipt ~ the CONTRACTOR of the notification of change; provided howevcr. that the
26 Contracting Officer. If he decides that the facts justify such ac:tÎOD, may receive and act upon
'Z7
Page 7 of 19
28.
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". -... . ~ " ..'-..
1 any such claim asserted at any time prior to final payment under this contract. Where the
2 cost of property made obsolete or excess as a result of a change is included in the
3 CONTRACTOR's cJaim for adjustment, the Contracting Officer shall have the right to
4 prescribe the manner of disposition of sucll property. Failure to agree to any adjustment
,
S shall be a dispute concerning a question of fact within the meaning of the clause of tbis
6 contract emitled "Disputes". However, nothing in tbis clause shall excuse the CONTRAC-
7 TOR from proceeding with the contract as changed.
8 11 HOLD HARMLESS AGREEMENT
9 12.1 The CONTRACfOR agrees to fully indemnify, defend and save hannlcss the
10 ÇQµnty against any and all loss. damage, liability, I:laim. demand, ,.suit or cause ,of action_ - .-. ---.
Dr:;- þ,~ . 9~· ';;"":, r",~9
· 11 resulting from injury or harm to any pel10n or property arising out of or in any way
12 connected with the performance of work under this çontfact. excepting only such injury or
13 I harm as may be caused solely and exclusively by the fault or negligence of the County. .
, , .- - .
14 ' ',12.2 .! Contractor funher agrees for itself, its officers, employees,subcontraáOrs,
15 consultants, licensees, f.nvitees, tenants, and volunteers to defend. indemnify and hold
16 harmless the APCD/County and its officers. agents, and employees from any and all
17 liability, claim, charge or cost of any kind or character, actual or alleged, including court
·
18 costs and reasonable attorney's fees, which may arise directly or indirectly from the acts or
19 omissions, whether active or passive, of the Contractor or its aforesaid affiliates of any tier.
20 12.3 In the event that third-party loss is attributable to the negligence or wrongful acts
21 or omissions of both parties (Contractor or subcontractors on one hand, and APCD/County
22 on the other), the ultimate financial responsibility of each party shall be proportional to its
23 percentage of fault as determined by mutual agreement between the parties or by a coort
· 24 of competent jurisdiction. 1òe provisions of California Civil Code S2778 regarding
25 interpretation of indemnity agreements are made a part hereof as ü fully set forth herein.
26 12.4 Additionally, Contractor agrees to include the County within the protection of
27
28 Page 8 of 19
· &-/;
APR Ø6 . 94 161iE r P. 1 ð
1 any indemnification provision contained in any subconttact relating to work or services
2 under this contract. Contractor further asrees to require that the County and its officetS,
3 agents and employees be named as additional insured parties in all polic:ies of iDsurance
4 required by this agreement to be obtained by Contractor or its subcontractors
5 13. EQUIPMENT ACQUIRED BY GRANT FUNDING
6 All major and minor equipment acquired through grant funds under this Agreement by the
7 Contrattor, and al1 replaCements thereof, shall remain in possession of Contractor in
8 accordance with the provisions of this qreemenL All such equipment wil1 be plainly
9 marked and othcrwisc adequately identified by Contractor as "For _Ie ID the Vehicle
10 Registration Funding ÄlI~ation Pnlaram" and atS:Ontractor'S~DSC. be saCely.s~. H. .
f>Þ~ ~':" . .::~ I .. : ~.. T '. '. t
11 separate and apart from Contractor's equipment wherever practicable. Contractor sbaIJ
12 keep grant aa¡uircd equipment free of all liens, claims. encumbrances and interests of third
]3 parti=. Contractor will not substitute any of ~ts equipment for any grant acquired
14 equipment nor deliver or make available to any third party any such eq~ipment or goods
15 acquired through any grant funds, nor use any such equipment, except in pcñonnanc:e of this
16 Agreement. All such equipment, while in Contractor's çustody or control, will be held at
17 Contractor's risk and kept insured by Contractor, at its expense, in an amount equal to the
18 equipment replacement cost, with loss payable to the APCD/County. If directed by the
19 APeD/County, at c:ompletion of this c:ontraCl by Contractor, or upon the written request
20 of ApeD/County at any time, Contractor will prepa.re all such equipment for shipment and
21 deliver equipment to the APCD/County in the same c:ondition as originally received by
22 Contractor. reasonable wear and tear cxœptod Apy such equipment acquired through grant
23 I.'unds which for any reason. is not to be delivered to or accepted by APCD/County will be
24 retained by Contractor unless otherwise direc:ted by APCD/County In writing. APCD/Cou-
2S Dty shall have the right. at all reasonable times, upon prior request, to enter Contractor's
26 premises to inspect any and all grant acquired equipmenL
'1;l ;
28 Page 9 of 19
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APR 86 ·".J4 ., b: I~ f
...
1 14- RESPONSIBILI'IY FOR EQUIPMENT
2 APCD/County shall not be responsible nor be held liable for any damage to pel'SOn or
3 property resulting from the use, misuse, or failure of any equipment by Contractor, its
4 agents, employees, third party independent contractors, or pennlssive users, even though
S such equipment be furnished, rented or loaned to Contractor by APCD/County. The
6 acceptance or use of any such equipment by Contractor or Contractor'S employee shall be
7 construed to mean that Contractor accepts full resPOIlSl'bßity for and agrees to exonerate,
S indemnify and hold harmless APCD/County from and agail1$t any and all daiJIl$ for any
9 damage whatsoever resulting from the use,misuse, or failure of such equipment, whether
10 such damage be to the employee or p~peny of Cfllltractor,AfCD/County, or of other ,'-....
"
n pé'isbrts:. 'Equipni¿nt Includes, but Is not limited to motor vehicles of any kind, material,
, 12 tools, or other things.
13 ' IS, EQUIPMENT MAINTENANCE
I ,.
14 . The Contractor must provide, at its expel1$e. preventative maintenance and repair contracts
~., '. .
15 or service contracts on all equipment under its direct control. Such comracts may be
16 provided by the Contractor itself or by reputable companies generally known to have such
17 . expenise. The Contractor sballsubmit a plan to the Contract Administrator as to bow this
· 18 requirement will be met for the APCD/County's review and approval prior to contract
19 ex~tion. The Contractor is to maintain a liCpar8te current record on maintenance and
20 repairs for each piece of equipment and to provide a written report and relevant :
!
21 documentation on a quarterly basis as to any preventative maintenance/repairs perfonned ¡
I
22 on each piece of equipment A copy of the quanerly preventative maintenance and repair
23 report must be provided to the Contract Administrator.
,
24 16. EQUIPMENT OWNERSHIP
·
ZS The APCD /County reserves tbe right during the term of the contract to reclaim equipment
26 that has been aa¡uired with grant contraCt funds whicb is no longer in service or on a
7:T
28 Page 10 of 19
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RPR e. .,. 161ee P.12
1 project which is DOt completed or is tenninated. All motor vehicles are to be registered in
2 accordance with California Vehicle Code Section 6300 et seq. with the APCD/County of
3 San Diego named as the lien holder.
4 17. EQUIPMENT USAGE
S Use of grant acquired equipment shall be only for projeçtS which are specifically stated in
6 Scope of Work. The equipment is not to be used for any other prog.*IDS unless specifically
7 authoriæd in writing by the Contraa Administrator. Major equipment must remain in the
8 specified use for three years. unless such change in use Is authorized in writing by
9 APCD/County. Contractor will pay APCD/County for remaining value of equipment if this
10 is not fulfilled. ,"'..1. . _. ~...
,,' . ,'..... ., .. "'-'
11 IS:"':' i ',< "~ r . "'~. AUDIT AND INSPECI'ION OF RECORDS ~ . :?
12 18.1 General. The APCD/County shall have the audit and inspection rights des<:ribcd
13 in this section.
14 , 18.2 .. C'nst or pricinf¡! data. TIle Contracting Officer or his representatives who are
15 employees of the APCD/County or its agent shall have the right to examine all books.
16 records, documents and other data of the CONTRACl'OR related to the negotiation priciBg
17 or performance of such contract, change or modification, for the purpose of evaluating the
18 accuracy, completeness and currency of the cost or pricing data submitted.
19 . 183 The Contracting Officcr or his representatives who are employees of the
20 APCD/Countyor its agent shall also have the right to examine any cost and relevant
21 information that is submitted for reimbursement including but not limited to: general and
, .
22 ad~nistrative cost allocation, overhead cost allocation, labor overh~d allocation, and other
23 direct costs.
24 18.4 Avanabili\y. The materials descrlbec1 above sha11 be made available at the office
2S of the CON1RACI'OR. at all reasonable times, for inspection, audit or reproduction, until
26 the expiration of 3 years from the date of final payment under this contract, or by (1) and
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28 Page 11 of 19
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1 (2) below:
2 18.4.1 If this contract is completely or partially terminated, Ù1e records relating
3 to the work terminated shall be made available for a period of three years from Ù1e date
4 of any resulting final settlement.
5 18.4.2 Records which relate to appeals under the "Disputes· clause of this
6 contract, or litigation or the settlement of claims arising out of the performance of this
7 contract, shall be made available until such appeals, litigation, or claims have been disposed
8 of, or three years after contract completion, whichever is longer.
9 18.5 The CONTRAcroR shall insen a clause containing all the provisions of this
. ..... .::.. -;-. .' "..- ..' .,. -. ..
10 eq,ti~ ~çlause , ,in. all subcontracts hereunder except altered as necessary 'for~ proper
11 identification of the contracting panies and the contracting officer under the
· 12 APCD/County's prime contract.
13 19 PATENT AND COPYRIGHT INFRINGEMENT
.\.
14 The, contractor shall repon to Ù1e contracting officer,. promptly ~d in reasonable written
'. . .
15 detail, each notice or claim of patent or copyright infringement based on the performance
16 of this contract of which the contractor has knowledge.
. ;
17 ZOo PERMITS, NOTICES, FEES AND LAWS
· 18 The CONTRAcroR shall, at its own expense, obtain all permits and licenses, give all
19 notices, pay all fees, and otherwise comply wiÙ1 all State , and Federal statutes, ordinances,
20 rules and regulations penaining to work and to the preservation of the public health and
21 safety.
22, 21. , AIR, WATER POLLtmON CONTROL, REALm AND SAFETY
23 CONTRAcrOR shall comply wiÙ1 all State and Federal air and water pollution control,
· 24 health and safety statutes, ordinances, rules and regulations which apply to Ù1e work
2S performed under Ù1ls contract.
26 n. FINDINGS CONFIDENTIAL
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27
28 Page 12 of 19
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1 Any reports, information, data, etc:., given to or prepared or assembled by the CONTRAC-
2 TOR under this Agreement which the APCD/County requests to be kept as confidential
3 shall not be made available or disclosed to any individual or organization by the
4 CONTRACTOR without the prior written approval of the APCD/County.
5 23. PUBLICATION, REPRODUcnON AND USE OF MATERIAL
6 No material produced, in whole or in pan, under this Agreement shall be subject to
.... ...-. .._..*.,-.' . .. -....., .-".: _..- ".h__
7 copyright in the United ståtes or in any other country. The APCD/County shall have
8 unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part,
9 any reports, data or other materials prepared under this Agreement. All reports, data and
10 other materials prepared under this Agreement shal1 be the property of the APCD /County
11 upon termination or completion of this Agreement.
12 24. INDEPENDENT CONTRACfQR
-
13 It is agreed that CONTRACTOR shall perform as an independent contractor under this,
14 Agreement. CONTRACTOR is, for all purposes arising out of this Agreement. an
.' .'
15 independent contractor. and shall not be deemed an employee of APCD/County. It is
, . .
16 expressly understood Iµ1d agreed that CONTRACJ'OR shall in no event be entitled to any
17 benefits to. which permanent APCD/County employees are entitled, including, but not
18 limited to, overtime, any retirement benefits, workers' compensation benefits, and leave
19 benefits.
.
20 Z5. SUBCONTRACI' FOR WORK OR SERVICES
".
21 Except for subcontractors proposed to perform the services described herein, No contract
22 shall be made by the CONTRACJ'OR with any party for furnishing any of the work or
23 se,rviœs herein contained without the prior written approval of the Contract Administrator;
24 but this provision shall not require the approval of contracts of employment between the
2S CONTRACTOR its own personnel assigned for services thereunder, or for panies named
26 in proposal and agreed to in any íesulting COntract. CONTRACTORs are reminded that
27 t<2~
28 Pit"", 1~ nf 11)
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APR Db . ' " .. I) ¡ .. ~;
1 it is the APCD/Countÿs policy to encourage the participation of minority business
2 entcIprises. This includes assurance that, ü feasible,
3 minority £irms are solicited, or where feasible, dividing the requirement Into smaJler units
4 for the purpose of providing for greater minority participation, or the establishment delivery
5 and payment schedules which will facilitate participation by minority businesses.
· 6 U- DRUG A ALCOHOL-FREE WORK PLACE
7 The APCD/County of San Diego, in recognition of individual rights to work in a safe,
8 healthful and productive work place, has adopted a requirement for a drug and aIc:ohol free
9 work place, APCD/County of San Diego Drug and Alcohol Use Policy C-2S. This policy
10 p~dcs that all APCD/eounty eme'oye~ CQ~CT9Rs a.ndCO~CTOR_ " ~ --"
11 cmploÿées'sña1lásSist in meeting this requirement.
12 26.1 As a material condition of this agreement, the CONTRACTOR agrees that the
,
13 CONTRACTOR and the CONTRAcroR employees, while performing service for the
14 APCD/County, on APeD/County property, or while using APCD/County equipment:
15 26.1.1 Shall not be in any way impaired because of being under thc,influence
16 of alcoþol or a drug.
17 26.1.2 ShaD not possess an open container of alcohol or consume aJc:obol or
18 possess or be under the influence of an nlega) drug.
· 19 26.13 Shall not selL offer, or provi~ alcohol or a drug to another person. Item
20 ' 26.13 shall not bc applicable to a CON1RAcroR or CONTRACTOR employee who,
21 as pan of the performance of normal job duties and responsibilities presc:ribes or
22 administers medically prescribed drugs.
23 26.2 The CONTRACTOR shall inform all employees that are performing setvice for
,
24 the APCD/County on APCD/County property or using APCD/County equipment, of the
· 2S APCD /County objective of a safe, healthful and productive work place and the prohibition
26 of drug or a1c:ohol use or impairment from same while performing such service for thc
27 !
28 Page 14 of 19
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APR 06 -94 16111 P. 1~
,. JIll ..." t,
'1 .
1 APCD/Q)unty. ,
, .
i
2 26.3 The APCD/County may Terminate for Default or Breach this Agreement and
,
3 any other Agreement the CONTRACTOR has with the APCD/Q)unty, if the CONTRAC-
4 TOR, or CONTRACTOR employees are determined by the Q)ntracting Officer not to be
5 in compliance with the condition of 26.1 above.
6 PART II - FISCAL
7 27. COMPENSATION OF CONTRACI'OR
8 27.1 Amount. The APCD/Q)unty agrees to pay CONTRACTOR a total sum not to
9 exceed $249,750.00 for services performed during the term of this Agreement in accord with
, .... .AO, .... ..,_ , ._ .< .., _..... . . .,.._. . .-
'7d''R ~~, '<:'Jr, ',~,',' ¡ ,-
10 the Schedule of Payment stipulatc:d in Statement of Work, n. C., Page 4. This ainount is
11 to be allocated to individual line item expenditures as shown in the Program Budget.
12 272 Reimbursement by Oaim for Equipment. Unless otherwise provided for in the
. '
'.'
13 S~~ment of Work, in consideration for major and minor equipment acquired ~
14 CO~CTOR to perform under this agreement, APCD/Q)unty will pay CONTRAcrqR
I -
15 by reimbursing CONTRACTOR for such equipment acquired and for actual expenses of the
16 equipment as stated on each invoice. The amount of each invoice submitted by the
17 CONTRACTOR is subject to a determination of fair and reasonable price by the Contract
18 Administrator.
19 27.3 Reimbursement for Labor. Unless otherwise provided for in the Statement of
20 Work, the APCD/County and the CONTRACTOR agree that the reimbursement of
21 approved labor shall be at labor wage rate/rates contained in The Statement of Work.
22 CONTRACTOR reimbursement will be monthly in arrears upon presentation by
23 CONTRACTOR of a properly executed claim certifying to the extent of performance under
24 this Agreement. CONTRACTOR's claim must. conform to the 1994 Budget and will be
2S subject to approval by APCD/County's Administrator prior to payment. The CONTRAC-
26 TOR will immediately provide supporting documentation (copy of time cards, etc.) when
27
28 ¿ ,--.)fr Page 15 of 19
_" _"_... ._~________'". ..._,______~"__ _.u.__~_.__ .._____.__
"-
I requested by the APCD/County.
2 27.4 Withholding of Payment. APCD/County may withhold final payment until the
3 final report required under this Agreement are received and approved by APCD/County.
4 APeD/County may also withhold payment where CONTRACTOR is in non-compliance
5 with this Agreement.
6 28. DISALLOWANCE
7 In the event CONTRACTOR claims and receives payment from APCD /County for a
8 seIVice, reimbursement for which is later disallowed by the APCD/County, CONTRACTOR
,-¡; -" . ,. '. ..' ..... '. '-. ';'- -'.. '- '.. '... --, ..,".-.. ,', ,-. . .'- . . ",- .._.
9 shan then promptly refund the disallowed amount to APCD/County upon request. At Its
10 option, the APCD/County may offset the amount disallowed from any payment due or to
· 11 bec:ome due to the CONTRACTOR under this Agreement or another agreement. Sinúlarly,
12 a disallowed agreement may be offset against the Agreement.
13 29. FULL COMPENSATION
, ,
. ..
14 Pending any cost adjustments, each claim so approved and paid shall constitute full and,
15 complete compensation to CONTRACTOR for the period covered. by the claim. It Is
16 expressly understood and agreed that this Agreement constitutes the entire agreement of
· 17 CONTRACTOR and APCD/County and in no event shall CONTRACTOR be entitled to
18 any compensation, benefits, reimbursements or ancillary seIVices other than as herei~
.
19 expressly provided.
20 30. PARTIAL PERFORMANCE
21 In.. the event less than all seIVices are performed in a proper and timely manner"
22 CONTRACTOR shall be paid only the reasonable value of the seIVices performed during
. " "
· 23 the payment period as detennined by APCD/County's ADMINISTRATOR.
24 31. IN$URANCE
2S Before commencement of the work, CONTRACTOR shall submit insurance policies or a,
)
26 Certificate of Insurance evidencing that CONTRACTOR has obtained for the period of the
27
28 ~~;¿ 7 Page 16 of 19
·
APR 86 '94 16112 P.16
1 contract, from an insurer authorized to do business in the State of California, insurance in
2 the following fonns of coverage and minimum amounts specified.
3 31.1 A policy of Worker's Compensation insurance covering all employees of
4 CONTRAcroR.
5 31.2 Comprehensive General Liability Insurance of:
6 (a) S 500,000 8Qdily Injury per person;
7 (b) $ 1,000,000 Bodily Injwy each occurrence;
8 (c:) S 100,000 Property Damage
9 In lieu of (a), (b). and (c:). a $ 1,000,000 combined single limit bodily injwy and property
h,.. ,,", '",,, '-.."- . . _, , .' .0·.... .\ '. ..' ~ _0__" . . - _.
10 daJnåäe. . s" ~, ~ ~ i. .... ~. , '.'"
11 31.3 Automobile liability insurance in an amount not less than one million
12 ($1,000,000) ,combined single limit bodily injury property damage._
13 31.4 S....bcontraetors' In..quranœ. Contractor shall make certain that any and all
14 subcontractors hired by Contractor are insured m ac:c:ordance with the Subparagraphs 31.1
15 through 31.3 mclusivc. If any subcontractor's coverage does not comply with the foregoing
16 provisions. Contractor shall indemnify and hold Owner harmless of and from any damage,
17 loss, cost, or expense, including attorneys' fees, mcurred by Owner as a result thereof. In
18 ' addition to the foregoing, Contractor shall mak~ certain that any and all subcontractors
19 performing any excavation on the Project have Explosion, Collapse and Underground
20 Damage Liability Insurance and coverage in the amount of One Million Dollars
21 ($1,000,000).
22 31.5, The CONTRACTOR assures the APCD/County it will not cancel any of ,the
23 above insurance coverage required by this Agreement during the term of this Agreement.
"
24 CONTRACTOR shall also seek and obtain an agreement with its insurer notifying the
2S APeD/County 30 days in advance of any cancellation of the applicable insurance policy.
, ,
26 31.6 All insurance policies shall name the APCD/County of San Diego as "an
27
28 ~-.2~ Page 17 of 19
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1 additional insured."
2 32. RETENTION
· 3 The CONTRAcroR shaU retain all financial records and administrative documents, in
4 accordance with Paragraph 18, Audit and Iuspeetiou of Reœrds relative to the Agreement,
5 in accordance with applicable APCD/County, State, and Federal statutes, regulations.
6 ordinances and policies. All such records shall be returned to the APCD/County should
.. " '-" ;....: . ~'i _.. ..... _.... ...... .. - -..-..
7 CONTRAcroR become defunct or close doing business, prior to limitations set forth in
8 such statutes.
· 9 PART III - REPORTING REQUIREMENTS
10 33 INVOICING
11 The APCD/County intends to make payments on grant eligible items and activities upon
12 receipt of quarterly i~voices as provided for in the Statement of Work. CONTRAcroR
,
13 should attach aU necessary receipts and other expenditure documentation with their invoices.
14 APCD./County reimbursement to a grantee will be made on submined invoices.
15 34 FINAL REPORT
·
16 The scope of work must provide for the development of a final report submitted to the
17 APCD/County within thirty (30) days after the grant program ending date. The final report
18 shall include the foUowing:
19 34.1 Table of Contents.
20 34.2 A summary of the objectives achieved as they relate to the project scope of work.
21 34.3 A summary of the activities perfonned and the total amounts expended on the
·
22 project.
23 34.4 Ally findings. conclusions or recommendations for follow-up or ongoing activities
24 that might result from successful completion of this project.
25 34.5 A statement, if applicable, of future intent of the public and/or private support
26 to maintain or further develop the project. &~!
27
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RPR !l6 "4 1611;5 P.17
1 34.6 A request for final payment where applicable.
2 34.7 A consolidated list of subcontractors, funded by the grant (in part or whole).
3 Include the name, address, conc:ise statement of work peñonned, time period, and value of
4 each.
5 34.8 A 5I1mmary of project 5I1cœsses. Provide measurable results (number of
6 ridesbare plaœments JC average mode placement reduction x pollution factor to be
7 measured).
8 34.9 A summary of project failures or shortcomings, reasons and ncccssary remedial
9 activities.
10 Review comments shall be prepared and traIJ;!lmittc<l by .the APeD/County to the..Gntntee. '_'4
r'~ ~~ '~I ,~..~ "','"
11 within !even (7) working days of receipt of the draft version of the Final Repon. ÁftCr
12 incorporating the APCD/County's comments, die Grantee shall submit to tbe Grant
13 Manager five (5) copies of the Final Report no late than thirty (30) days after receipt of the
14 APCD/County's comments. The APeD/County reserves die right to use and reproduce all
15 reports and data produced and delivered pursuant to this Agreement, and reserves thee right
16 to authorize others 10 use or reprodUce such material. Fallure ro comply with the reporting
17 requirements specified above may result in termination of this Agreement or suspension of
18 any or all outstanding payment requests until such a time as the Grantee has satisfactorily
19 comple~the reporting provisions.
20 35. SEVEIWIILITY
21 Should any part of this agreement be held to be invalid by a court of competent jurisdiction,
.
22 the remainder of the agreement shall be considered as die whole agreement and be binding
23 On the contracting parties.
24 36- GOVERNING LAW
2S This contract shall be construed and interpreted a<:cording to the laws of the State of
26 California.
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16114 Po 18
AP'R 86 .,.
1 37. AGREEMENT
2 This Agreement c:onstitutes the entire: agreement by and between the CONTRACTOR and
3 the APCD/County with respect to the equipment and services described herein and
4 supersedes all other additional c:ommunicatioDS. both written and oral. Both parties by their
5 authorized signatures, acknowledge that they have read, understood and ap-ce to all the
6 tenus and c:onditions of this Agreement.
7 IN WITNESS WHEREOF THE COUNTY AND THE CONTRACTOR have eJ(ea!ted this
8 Agreement: September 28, 1993.
9 CONTRACTOR: FOR THE APCD & COUNTY:
10 ,¡.k mlÂM L. NAPIER _....'.. ..... .~: .'" . -....-
N~eë' '" . ~, ! -~ r. '. r
11 Director (Acting)
12 Printed Name & Title Purchasing & Contracting
13
14
15
16
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18
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20
21
22
23
24
25
26
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EXHIBIT A-STATEMENT OF WORK
Work Tasks, Payment and Deliverable schedule for County APCD Contract:
Task 1: Project Initiation
Identify and coordinate with other entities, transportation management associations,
local air district, Caltrans, SANDAG, and other telecenter coordinators. Develop a city
· task force with community and Council representatives to oversee planning and
development of the telecenter. Complete agreement with University of California -
Davis for participation, funding and inclusion in the UC-Davis Neighborhood
Telecenters Project. Identify project staff, prepare job description, hire telecenter
coordinator.
Deliverable: Contract with UC-Davls for participation In Neighborhood
Telecenters Project and proof that hiring of telecenter coordinator Is complete.
Date: February 1, 1994
Payment: 0
·
Task 2: Select Site
Select site and equip telecenter facilities with a minimum of 10 workstations. Hire site
designer, acquire and equip telecenter:
Deliverable: Lease agreement
Date: May 20, 1994
Payment: $37,750
Operating Expenses: 537,750
· Insurance 2,000
Utilities 8,000
Lease Payments 3,000
Contractual services 19,750
Office supplies 5,000
Task 3: Planning and Development SelVÎces:
3.1: Develop participation agreements between City and employers.
3.2: Recruit and secure employees and partners to utilize telecenter.
· 3.3: Initiate recruitment for Site Administrator
3.4: Open Telecenter June 1st, 1994 at 25% occupsncy.
Delivemble: Provide Business Pan and Opemtion Plan for Telecenter
Date: June 20, 1994
Payment: 579,500
¿~~5
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Development Disbursements: $79,500
Site design and Improvements 30,000
Phone equipment/installation 20,000
Office Equipment 18,000
Computer equipment 10,000
Other equipment $1,500
Task 4: Site Administrator Rec:ruitment
The Site Administrator, along with the position's associated administrative costs, will be
budgeted at a total of $39,900. This includes the costs for hourly wages, all benefits, mileage
and travel relating to the telecenter project, as listed in attachment A.
Deliverable: Provide evidenc:e site administrator has been hired.
Date: July 20, 1994
Payment: $39,900
Staffing and related expenses: $39,900
Hourly wages $36,000
Pars 2,550
Medicare 550
Mileage 300
Travel 500
Task 5: Recruitment and ongoing operation
5.1: Distribute and collect program evaluation data including surveys and attendance logs.
5.2: Develop ongoing training workshops for employers and employees.
5.3: Develop monthly reports on occupancy, operation, maintenance, income and expenses.
5.4: Attain 50% occupancy by November 1st, 1994.
5.5: Identify partnerships to meet goal of reducing trips by 44 vehicle trips per day.
Recruit employers and employees for telecenter, identify partnerships for off peak users,
develop participation agreements between city and employers, initiate recruitment for
telecenter administrator, market and advertise telecenter and plan grand opening event for
June 15, 1994.
Deliverable: Provide evidenc:e of 25% oc:c:upanc:y in the fonn of exec:uted
operaton'tenant agreements and evidenc:e of secured facilities in the fonn of an
exec:uted lease agreement.
Date: Augnst 20, 1994
Payment #1: $12,600
Deliverable: Provide evidenc:e of 50% oc:c:upanc:y.
Date: November 20, 1994
Payment #2: $10,000
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Marlœting, advertising: $22,600
Advertising 7,600
Postage 4,000
Promotional expenses 3,000
Printing and Binding 8,000
Task 6: Evaluation SelVÍCes.
6.1: Coordinate with University to distribute and collect program evaluation data.
6.2: Monitor and evaluate methods and materials used to determine effectiveness of this
· project and utilization of telecenter.
6.3: Develop recommendations for changes or improvements to any element of the
telecenter.
In exchange for receiving funding from the University of California - DavislCaltrans, the City
is obligated to coordinate with the University of California Davis by distributing and
collecting program evaluation data, including the following: attitudinal surveys, daily
attendance logs, and three-day travel diaries. This item will be included as part of the ongoing
work the Site Administrator will be asked to fulfill.
Deliverable: Final study indicating the evaluation and utilization of telecenters
· throughout the state.
Date: September I, 1995
Payment: 0
The City will continually identify employers through an aggressive marketing outreach effort
to participate in the project. Because the ITS Telecenters Project is experimental by nature,
staff expects the project to evolve over time, with many changes and possible failures to
overcome. The data collected through this experiment will help determine the purpose of
future telecenters and other related facilities. For more specific management asks, please see
attached Services agreement and Gant Chart.
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. 9167627820,# ~/ 2
2- l-g. 3:68 PM I BAMBERGER-C. VISTA ¡
A¡rMmeaI No. 93-
ATTACHMENT C BDirit A-I
SERVICES
CcImpeDsatkm . .
~ fonowing IiCIviœs are to be peifonned In two phases. All payments. Ú1 both phues
will be made upon receipt of monthly invoices """,m,,, expenses incurred in tile
provision of servicca by the City of Crula Vista in performance of this con!Iact and in
ICCOIdance wirh the bud¡elln..!.""'ð in Bxhibit B attached. . Ulliw:nity will pay the City
of Clula Vista a maximum of S22,soo for ICi'YÍceI provided by the City of Clula Villa
in performance of the activities oudined in Phase 1 which is to begin Febroary I, 1994.
University will pay the City of Cbula VisIa a maximum of $'77,500 for aervicca provided
by tile City of Cbula VlIIa in J'Qruu1Iance of the 8CIivities outlined in Pbue 2. Phuc ,
2 will bc¡in upon ~.'ul completion of Pbaøe I. Successful compItöon of Phase 1 ,
is defined as ~ of IIIIU11IIIœ of~" occupançy of the t..,"Cf"'1ta' and a signed Jease
&¡reement for tile facility. The 25 pen:ent minimum occupançy late is a wecldy average
calculated by dividing the number of ÙJdividual tdccommutcrs using the office for a
mlnimnm of four hours pet' work day by !be number of work atatiOllS at the office.
Payment for PIwe 1 will be .,~ from t!æ budget catcgo¡:ies Site Preparation and
, ..0' . I _'"'fig and Site AdmiJùatradoo. A maxim\llÌ1 of 55,000 will be made avaUab1e by the
University to tile City of Clula VlIIa from the bud¡ct categmy Site Prepuati.ÓII and
I ~.""iT1i for fàcility lln/Jift""ri(>11 and improvements upon the City of Cbula Vista
providing University a copy of ID executed lease ~,lMt; $17,500 will be funded
from the budget categol)' Site Aclminiatmtion to cover the Aasistant 'J'p.1ef-.-.',....
CoOrdInator (ATC) øaIary. Payments for the ATe salary will be made pet' invoice frOm
the PIwe 1 stm1in¡ date. ,The ATe IhaI1 petfuun the,acti.vitiea O\Jt!;nod in Phase 1.
'1únc linea for produçu 1$ j¡IdI"""'dln thiJ workp]an are approri-I.., However, .
Uniw:nity does require written no1ification in advllllce in the event that a deliverable
cannot be provided in the d..o;¡",~ time ftame, UD1veråty ibo ft.~ the Iight to
~Id payment of invoices as deemed n~sary Ü produces have not been provided.
....nn....'and DeveJoJlÛl& Senkes
'Ph... 1
I. RcèJuit and sccuæ cmp10ym and anployees. Develop list of partiMp¡oriT1¡ employers and
employees and provide to University prior to opcIJÍD¡ the site and then update on a
quarterly basis. Notification of DeW empJoyee participllnhl i. required in advance of their
initiatin¡ tdecoll1lllUtÎllg. . .. :
f Activity Period: Februaiy 1994 tluvup dll1'lltinn Óf contract
¡ Deliverable: Uat ofpanlcipo"'II emplo~ and employees dliC May I,
: 1994
2. Bltablilh IIÍIe search puoom h.... baaed upon JeCruitment dons.
Activity Period: Peb~ 1 - February 28 1994
3. n-¡81' and conduct IÎtc aean:h, analysis IJIId IrJecdon process. Develop site øean:h and
lIOIe : lion process ...mmsny plan.
Activity Period: Pebnmy 1 - AprllII994
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ApeomODt No. 113-
IIxhibit A-l
4. Select alte with the approval of Univmity and Caltrans.AcquiJ'e and equip tel=tcr
facilities wi1h a minimum of 10 workatations.
Activity Pmod: MaIch . Nay 1994
5. Draft and IIC'COtiate lease, ¥,GtÌD¡ IIId participant agreements. Develop lite lpCCific
operations and IdminiJtration a¡reemcnts, iDcluding: çace rental and Jea3c, aite
IpODIOrs, and teIec:ommulcr/employu (tcoaDtlopenIor) a¡reements. Before officially
'V"'in¡ the tdcœntcr. ItJCUIi: and cIe1iveI' to Uaivenity oopies of p&nI<:ip"lÍon
agreements between the City of ChuJa Villa ad cmploycrallalants .upportiD¡ a
lIIÌDÌIrIum 25 pe.rca1t wœJdy ~IP"'IC)' rate for cacb leleccJlter. Employer/tenant
a¡reemeots must also provide for participation of the fonnal pro.ject evaluation. Project
evaluation IDola' are clillCUSsecI in ProjeCl EwIluation. B1dúbit A-2, lllaChed hereto and
lIIIIde a pen bereaf. All employers lAd emp1o)'llel must alao a¡ree to paniåpate in !
tdecommute:nlaupeMsor oziatations aDd tnlining.
Activity Period: April 1 . May 15, 1994
Delivelable: Provide eYidenee of 25~ OCCUJIIDçy ill the fDnn of
. czecutecI . .opcnIDr/lenlnt a¡reemenu and eridcnee of
. . - ~ 1CC\IJ'Cd r...;HtI('c In" the foiDi' or an aecllted Jcase .
a¡reement. Copies of CoIecUted lcuc. opcratin¡ and
participant a¡reements and aeœted lalantloperator
a¡rèements due by May 15, 1994
6. Il)i1:i,b! rec:ruitmc:nt of a 'I'deca11m Adminlatrator (TA).
. Activity Perlod: May 1994
7. Develop lite desi¡n iFJntfin¡: wOIk IpIce partitions, ooDÍCI'COCC rooms, offiœs,
reception, Ame:icaD DillbiJitica As;t oomplianc;e, facility access c:mtrol, fuTn1chi'1gs,
..,-m·'nl....tlrv¡S plus, teabuum far.fllti~.. IIIcI bicycle ltan¡e. .
Activity Period: April 1994
i. Develop aite specific ~ODS plans lAd procedura iIIc1uc1in¡: lIoun of operation,
JecUrity, use of OJI-site parlåDg apeœs, reaponS1ò1c parties for dclivay of requùed
IClVic:eII\JCb as jlDitodel, OÐ-litc ICCUrity ¡uards, lAd otb:z factoø as -"''1 for site
operations. DcJiva- operaIioDa1 plans IDe! procedures to University 10 days prior to
· øP""llIg fac:ili1ie8 far occupIDc:y.
Activity Period: May 1994
DeJiverable: ~~fic opcra!iona pJans due UDfversity May 21, 1994
P. WJda Idvallee IIOIice, ilIaD, caardiaate IIICIlCbeduJe wk111Jaivenity aDd ill marbciD&
COIIIUlIaDt III mauers RIatIn¡ to .-.ram .....-;..¡ aedvidca, iDdudin¡ qIrIIlng
œremonIea.
AáMty Pa1od: PdJruary 1994 through dllJlJioo of 000IrIc:t
10. SdieduJe and cœduct tile iDitia1 anpIO)W lAd employee arimll!ioDs and an opdoDallile
tour pior to "P""'¡II& lor oc:cupII1ÇJ, and aodfy University 1ICCOC'diJI¡1y.
· ~ Paiod: May 1994
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Bùibil A-I
ljIase2
OpenatiD¡ Senkes
11. Provide a TA.
AçtiYity Paiod; JWJe I, 1994
12. Open IDd operate IIclcccnlcr I
Activity Period: J!IDe I, II)S 4 . cIUIIItion of _tract
13. Pavœ V1IÎWnity with * deal¡n p1ans developed ill PIwe 1 iDc1UCÜ11¡: WOIk apace
partitions, conrerr:nœ rooms, offices, nception, Americ:aII Disabilities Act compliance,
facility access control, fumjsbin¡., ~1-nm",uDications plans, ....11.....11, fw.Ilitl_, IDd
bicycle stozaae. Deliver 1It.e deIi¡rIJ 10 Umverlity witbiIIIO clays from elate vr opcni1I¡
die teI~lI:n.
Activity Pedod: Aprlll994
Dåivemb1e: Si-'specific deåp pIaDJ due Ulliwnity Jwie 21, 1994
-- ,14.' , Coordinate and lCbedule 1decommutlD¡ adctatio11' IDcfliiinÙl¡ wi1h VD1versity,
mcJuding the _1NOtinn of fI!"'lifi"'" facilitatora and trainc:n. TJainin¡ and oricDtáiOll will
be lCbec!uJed prior to employee¡ fIdccommutiD¡ uo1css otherwile çproved by
University. Orientations and traIn!D¡ workshops will be offe:ed through September
1994. Qualified tnirIen wU1 be Idectcd 011 the basi. of Deeds and qI".!H¡~tions.
Activity Period; Pc:brumy 1994 1IIrDu¡b dura%Ion of _tract
15. Provide mnntMy reports OÐ OCCIlplDcy, operatiœs, malntø...""",. mc:ome IDd expenses
for the !decent='.
Activity Period: June I, .1994 tbrou&h duration of contract
,
16. 1bc TA usIgnecI by the City of Cbula Vista win JepOrt to the City of Chula Vista'.
EnviroDmental Reeource Mua¡er .and win save u . leI_ter reœpIÍOIÚIt, lCbec!u1er,
neon! Iœeper and rec:ruitcr. 'Ibc TA will be 1apODSib1e for the day-to-day opentiOÐs
of the tdecenœr.
Activity Period: June 1, 1994 throu¡h d'lI"JOtint¡ or contract
17. lteauit a lIÙIIiD'Ium number of "''-fer )III1:k:i¡)U115 to aIIin a 11ft)' percent (50 ~)
occupancy rate by DO Jater than November I, 1994
Activity PedocI; February 1994 throa&b dUJltiOD of contract
.-In.th,¡ SenIas
18. CoanIinate with t1IIiwnity by diltåbutiD¡ IDI;f .,..11-''11 popam lMIluatiøa data,
lDclucliD¡ the foUowin¡: .!tit.."i....! nrveys, clalIy ........"()f Jop, IDd thJ'ee.cIay travel
,u..;~. The TA wiI1 aIIO cocmIiIIaIe IIId lCheduJe plrtidput locus ¡roups, ail
bl1eI'VJews, fiDaJ iDter'Mwa axI foDøw.up IUM)'L "10 Pnd«:t E-'''''''M, BWbit
A-2.
Acdviry Psiod: May 15, 1994,tbrou¡h ....lioa of caatract
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~øt No. 93-
IbIhIblt A·I
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19. Provide names of C»-1pOnJOI'S COIItn'butiD¡ to all de=ta oftllc tdCCClIen pro¡ram with i
a list of contact persons and the'natur'C of in·kind and cash contdbutions madc by each. I
Update Jist OD quarterly basis. ¡
Activity Period: Pebruary 1994 through dunttion ot contract
DelJvuable: Ust of co-sponlOrs and cootributions. 1nitia11ist due by lUDC
I. 1994
20. Observe and report recommended CÌIanps to improve uy dement or c:omponcnt of the
ae1ccc::n1en pro&ram.
ACtivity Period: Pebruuy 1994 th%ou¡h cIuDItion or cootract
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Agreement No. 94·04772V
TELECENTER SERVICES AGREEMENT
THIS AGREEMENT Is made thls~(\rJ day of~-t,r'jQ}U~, 1994, by and between THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA. . California corporation, on behalf of its Davis Canp.ls Institute of Transportation Studies (hereinafter
called UUniversity") and the CITY OF CHULA VISTA (hereinafter caL led "eVil).
!¡&!!ðb!:
WHEREAS, University is iq:>Lementingl residential area· based office program under Interagency Agreement NlßItÞer
60T381. dated June 29, 1992, ond Amendment NlJ11ber 6DT381'A/1, dated June 29, 1993, with the State of CaUforni.
Department of Transportation to conduct a demonstration project to evaluate the effectiveness of establ ishh\9
neighborhood telecenters, or res;clential area· based telecCInI\'I.Iting work centers liS a transportation demand Nnegement
strategy; and
WHEREAS. tv desires to cooperate with University IInd the State of California Department of Transportation in
.aid research program by planning, developing. operating, and evaluating neighborhood telecommuting work center(s);
NOW, THEREFORE, CV agrees to provide Telecenter Services to University subject to the following tenus and
~onditions.
1. DEFINITIONS. The tenms hereinbelow liS used in this agreement shall have the following meanings:
A. Si·te DeYeloper/MM8ger (SDIIII): The organization and person responsible for acquiring planning,
designing, operating and maintaining a neighborhood telecenter(s).
8. Tetecenter Adainistrator (TA): The persones) employed or retained by the Site Developer/Manager to
serve as receptionist. scheduler, record keeper and recruiter. and who is responsible for the day· to-
day operations of 8 specific telecenter.
C. ~loyer/T"'"'"t: A business entity. agency. or organization that agreed in writing to participate
in the telecenters program and that ~loys one or more telecormuters who wi II work full or pert time
at the telecenter.
D. Te\ec~er: An efI1)loyee of an ~loyer/ten8nt, as above defined. who has agreed with her/his
employer to work full or part time at the telecenter.
E. Telecenter: Conventional office facilities within reasonable walkins. biking distances of the above
defined telecommuters' residences.
F. Co-Sponsor: Individuals and organ i zat i ons donat i ng money, in-kind services and equipment to
facilitate the operation of a telecenter(s).
,
G. Project T_: Individuals representing site developers/mangers, participating ~loyers. co-sponsors.
site telecormuters, 8ir quality entities. State of Cal ifornie Department of Transportation
representatives. University representatives and others as would be appropriate for the program.
H. WOrt Station: An area set aside for a teleconmJter to perform job related tasks. (An enclosed office
with three desks would account for three work stations.)
I. IIc...,.ncy Rote: A weekly average rate calculated by dividing the number of individual telecommuters
using the office for a minimum of four (4) hours each workday by the number of workstations in the
telecenter.
2. SERVICES. tv shall provide to University planning, developing. operating and data collection services in
connection with neighborhood telecenter(s) occupied by telecommuters. Said services are .ore particularly
described in the Exhibit A·' attached hereto and made . part hereof_
3. TERM. The teMB of this ogreement sholl be from February 1, 1994 to June 28, 1995.
4. TERMINATION. This agreement ..y be tenminated by either party. with or without cause, upon providing thirty
(30) days' prior written notice to the other party.
5. ALTERATION/AMENDMENT. This agreement MY be 8ØIeI"Ided at any time by IUtual agreement of the parties, expressed
In writing ond signed by both portles.
b,JjV (.2.,\'""I~·U
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6. COMPENSATION.
A. University shall pay an amount not to exceed $100,000 for services as defined herein in accordance
with the rates set forth in the budget designated in the ~xhibit B attached hereto and made 8 part
hereof.
B. Payments shall be made by University to tV upon receipt of monthly invoices and written reports
indicating the Agreement ~umber and setting forth charges in accordance with the fates specified in
the Exhibit B. Invoices shall be submitted in triplicate to the Institute of Transportation Studies,
Telecènters ~rogram. University of tal Hernia, Davis, Cal ifornla 95616,8762, Attention: David
Fleming. Each invoice shall include tV's taxpayer identification number. No payment w ¡ it be _de
in advance of work perfonmed except as otherwise specified in this agreement. Finol payment will be
withheld pending completion of the work.
7. TAXES. The ç~nsation sUted in Paragraph 6 includes all appUcable taxes and will not be changed
hereafter as the result of CV's failure to include any applicable tax or as the result of any change in CV's
tax Uabil ities. tV acknowledges that c~nsation payable hereunder may be subject to withholding of state
and federal income tax, including state income tax subject to withholding pursuant to California Revenue and
Taxation Code Sections 18806-18825.
8. NOTIFICATION.
A. In performing the services as defined herein CV shall be accountable to University's Patricia
Mokhtarian or her designated representative.
B. CV understands that the services as defined herein shall assist University in the performance of
Contract No. 60T381 dated June 29, 1992 and Amendment No. 60T381·A/1 dated June 29, 1993 with the
State of Cal itornia, Department of Transportation. CV acknowledges having read the pertinent
excerpts, identified as Exhibit C attached hereto and made a part hereof, and agrees to comply with
all restrictions and conditions thereof which relate to the performance of this agreement.
C. Any notice, request, or inquiry regarding the provisions of this agreement, its termination, or
similar matters shall be directed by either party to the other at the following address:
Universitv CHULA VISTA
, Office of Administration City of Chula Vista
University of California P.O. Box 1087
Davis, CA 95616-8540 276 4th Avenue
Chula Vista, CA 91912
with a copy to:
Institute of Transportation Studies
Telecenters Program
University of California
Davis, CA 95616·8762 ,
9. RELATIONSHIP OF THE PARTIES.
A. The parties to this agreement shall be and remain at all times independent contractors, neither being
· the f:I11:)loyee, agent, representative, or sponsor of the other in their relationship Lnder this
agreement.
B. tV shall be solely responsible for the conduct and control of the work to be performed by CV as
defined in the agreement, except that CV is accountable to the individual designated in paragraph SA,
hereinabove, for the results of such work. tv services for University shall be performed in
accordance with currently approved methods and ethical standards appl icable to CV professional
capacity.
10. ASSIGNMENT OR SUBCONTRACTING. tV may not assign or transfer this Agreement, or any interest therein or claim
thereunder, or subcontract any portion of the work thereunder, without the prior written approval of the
University. The withholding or granting of such approval is totally discretionary with the university.
11. PROPERTY RIGHTS. INCLUDING PATENTS AND COPYRIGHTS.
A. General: All infonmetion developed by tv pursuant to perfonmence of services under this Agreement
· shall be the sole property of University without University's payment of additional consideration,
and shall be furnished to University on the earlier of either (l) completion or tenmination of each
project, or (2) upon earlier termination of CV services under this Agreement.
B. Intellectual Procertv (Patents. CODvriQhts): In the event tV makes any invention or discovery or
creates any trade secret (hereinafter collectively referred to as IIlntellectual Property Discovery")
in the course of performance of this Agreement. CV shall furnish University with complete infonma~ion
with respect thereto and University sha II have the sole right, title, 'nd interest in such
2 ¿ r-J/ /
·
Intellectual Property Discovery without payment of additional consideration. In the event that
University, in its sole discretion, shall determine to apply for any patent, copyright or other
protection with respect to such Intellectual Property Discovery, CV agrees, at University's request
and expense, to execute all documents and do all acts reasonably necessary and proper to fecilitate
the University's application for such patent, copyright or other protection.
The parties hereto ogree that any copyrlghtlble work(s) developed under this ogreement constitute
work(s) mode for hire under the United Stites Copyright Llws Ind that III right, title Ond interest
therein, including copyright shall vest in the University. tn the event that any such work is
determined by a court of cœpetent jurisdiction not to be a work made for hire I.nder the United States
Copyright laws, or for any other reason does not constitute. work made for hire, CV, by this
agreement, hereby assigns all right, title, and interest, including copyright, in .aid work(s) to the
University, in perpetuity.
12. LIABILITY AND INSURANCE REQUIREMENTS.
A. tv agrees to defend at University's election, indemnify, and hold hanmless University, its officers,
agents, and en'f)loyees from and against all claims, losses, and expenses (including costs and
attorney's fees) of any kind whatsoever arising out of CV performance \rider this Agreement and claimed
to be due to acts or omissions of CV, its subcontractors, employeés, or agents.
B. tv shall furnish a Certificate of Insurance Dr statement of self-insurance showing .inimum coverage
as follows:
o. Generel Liebility: Comprehensive or Commercial Form (Minimum Limits)
(I) General Aggregate (BI, PO)· S1,DDD,DDD
(il) Products, Completed Operations
Aggregate S1,DDD,DDD
(i i i) Personal and Advertising Injury S1,DDD,DDD
(iv) Each Occurrence S 300,000
* (not applicable to comprehensive form)
However, if luch insurance is written on I cllims-made fonm following tenminetion of this agreement,
coverage shall survive fora period no less thin three years. Coverage shall allo provide for a
retroactive date of placement coinciding with the effective date of this agreement.
b. Business Auto Liabil ity: (Hinirun Limits) for owned, Scheduled, Non-Owned, or Hired
Automobiles with a combined single limit of no less than Sl,OOO,OOO per occurrence.
c. Workers' Compensation: as required under California State Law.
d. Such other insurance in such amounts as from time to time may reasonably be required by the
nJtual consent of University and CV a"ainst such other insurable hazards relating to
performance.
,
Certificate(s) fILIst name The Regents of the University of Cal ifornia as 8n additional insured and Il'Ust
obl igate the insurer to notify University at least thirty (30) days prior to clncellation of or
changes in any of the required insurance. Premiums on all insurance policies shall be paid directly
by CV.
l3. USE OF UNIVERSITY'S NAME. CV shall not. use the name of University in any form or ..nner in advertisements,
reports or other information released to the public without the prior written approval of the University.
14. RECORDS ABOUT INDIVIDUALS.
A. CV acknowledges that the creation and ~intenance of records pertaining to individuals is subject to
certain requirements set forth by the California Information Practices Act (Civil Code 1798, et seq.)
end by University pol icy. Such requirements include provisions governing the collection, lIIintenance,
accuracy, dissemination, and disclosure of information about individuals, including the right of
access by the subject individuals.
8. If CV crestes confidentiol or personsl records about on individual, os defined by the Information
Practices Act, including notes or tape recordings, the infonmation shall be collected to the greatest
extent practiclble directly from the individual who is the subject of the inforMtfon. When
collecting the information, CV shall infonm the individual that the record ia being -.de and the
purpose of the record.
C. Records containing confidential or personal information about individuals are the property of the
University of California and subject to University policies and applicable federal and state laws.
CV a"rees to del iver at 1 such records, inducting originals and all copies and sl..ll'lfl8ries, to the
University upon tenmination of this agreement
D. CV shall not use recording devices in discussion with University employees.
3 ¿-yc2
- -.- - ----------.-.-..-- ---_._.~---_.....,_.._-----,- ...----.
15. EXAMINATION OF RECORDS.
The UniversUy and, upon University's approval, the contractor or grantor under government contracts or
grants, or its authorized representative, shall have access to and the right to examine any pertinent books,
documents, papers, and records of tV involving transactions and work related to this Agreement until the
expiration of five years after the finaL payment hereunder. tV shall retain project records for 8 period of
five years from the date of finaL payment.
16. CONFLICT OF INTEREST.
A. tV will not hire any officer or employee of the University to perform any service covered by this
agreement. If the work is to be performed in connection with I federal or state contract or grant,
CV will not hire any empLoyee of the government concerned to perform any service covered by this
agreement.
B. CV effinms that to the best of his/her knowledge there exists no actual or potential conflict between
CV family, business or financial interest and the services provided under this agreement, and in the
event of change in either private interests or service under this agreement, any question regarding
possible conflict of interest which may arise as a result of such change will be raised with the
University.
C. CV shall not be a reporting relationship to . Univershy.employee who is . near relathe, nor shall
the near relative be in a decision·making position with respect to the tV.
17. AFFIRMATIVE ACTION. CV shall not maintain or provide racially segregated facilities for employees at any
establishment under CV's control. tV agrees to adhere to the requirements set forth in Executive Orders 11246
.00 11375, and whh respect to activities occurring in the State of California, to the California Fair
Employment and Housing Act (Government Code section 12900 et seq.). Expressly, CV shall not discriminate
against any employee or applicant for employment because of race, color, religion, sex, national origin,
ancestry, medical condition (as defined by California Code section 12925[f]), marital status, age, physical
and mental handicap in regard to any position for which the employee or applicant for employment is qualified,
or because he or she is a disabled veteran or veteran of the Vietnam erl. CV shall further specifically
undertake affirmative action regarding the hiring, promotion and treatment of minority group persons, women,
the handicapped, and disabled veterans and veterans of the Vietnam era. Seller shall communicate this policy
in both English and Spanish to all persons concerned within its company, with outside recruiting services and
the minority community at large. CV shall provide the University on request a breakdown of its labor force
by groups, specifying the above characteristics within job categories, and shall discuss with the University
its policies and practices relating to its affinmative action programs.
18. APPLICABLE LA~. This Agreement shall be governed by the laws of the State of California.
19. TERMS TO BE EXCLUSIVE. This Agreement constitutes the entire understanding between the parties regarding
the subject matter hereof and supersedes any prior understanding between the parties, oral or written,
regarding the same subject matter.
IN WITNESS ~HEREOF, the parties have executed this agreement on the day ~nd year first written above.
'"' ~~ "" ., ,~~ "".
UNIVE SITY F C -- . M
BY: ...-/ BY:. jr 'Þ---
. V' Jo ari Peterman ~
lITLE: Business Con!r8C1!: Offì~Ar TITLE: L;-"''--
DATE: ~/ Î Iff DATE: J.--)t;J-fY
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ATTACHMENT D
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CITY COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE: 4/12/94
J '1 '1.5'';''
ITEM: TITLE: Resolution Appropriating Funds for Litigation Expenditures
(Christopher Lawsuit)
SUBMITTED BY: City Attorney~~~\~)
4/5ths Vote: Yes---'L-No
Pursuant to the recent amendments to the Brown Act, the City Attorney reported,
following Closed Session at the meeting of April 5, 1994, that the Council
approved his recommendation to appear and defend the defendants named in the case
of Christooher v. City of Chula Vista and to retain up to three separate lawyers
to do so, and to waive the consultant selection process in the selection of
attorneys. The vote was 5-0. In order to implement that direction, we will need
an appropriation of funds,
RECOMMENDATION' Adopt the attached resolution which will appropriate $100,000
from General Fund Reserves to the Professional Services Account (100-0150-5202)
budget.
BOARDS/COMMISSION ACTION: N/A
FISCAL IMPACT:
Appropriate $100,000 from the unappropriated balance of the General Fund to
Account 100-0150-5202.
C:\a113\lyman,app
7-)
-_...._.__..-.._--~-_..__._~.._--_... --_._.... _.~---_._-_.. -. ..-..-
RESOLUTION NO. 17,/5ç)..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR LITIGATION
EXPENDITURES (CHRISTOPHER LAWSUIT)
WHEREAS, pursuant to the recent amendments to the Brown
Act, the City Attorney reported, following Closed Session at the
meeting of April 5, 1994, that the Council approved his
recommendation to appear and defend the defendants named in the
case of Christopher v. citv of Chula Vista; and,
WHEREAS, it is necessary to retain up to three separate
lawyers; and
WHEREAS, in order to implement Council's direction, it is
necessary to appropriate $100,000.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula Vista does hereby appropriate $100,000 from
the unappropriated balance of the General Fund into the City
Attorney's Professional Services Account 100-0150-5202 for
litigation expenses in connection with the Christopher lawsuit, and
waives the consultant selection process, and authorizes the city
Attorney to retain such attorneys as he deems appropriate.
Presented and Approved as to form by
B~c~~~J::AttO="Y
C:\rs\ly.an.app
'}...2.
.',-. -_._-_._.~._, ..~ _..__._--_.,"_._...,---~._-_...,---
COUNCIL AGEIIDA STATEMENT
Item y"
Meeting Date 4/12/94
J?Ý,$'.J
ITEM TITLE: Resolution designating Authorized Officials to
execute documents under the Federal Civil Defense
Act of 1950, as amended.
SUBMITTED BY: Fi re Chi ef 961/" ~
REVIEWED BY: City Managerj~~ /1'(4/5ths Vote Yes_ No...JL}
The City of Chula Vista has participated in the Emergency
Management Assistance (EMA) Program since April of 1991. The
program requires a signature resolution to authorize officials to
sign California Office of Emergency Services (OES) documents.
This resolution updates Resolution 15911 to reflect the appointment
of a new Fire Chief, who serves as the City's Assistant Director of
Emergency Services.
RECOMMEIIDATION: Adopt Resolution.
BOARDS/COMMISSIONS RECOHMEHDATIONS: Not applicable.
DISCUSSION:
The Federal Civil Defense Act of 1950 sets forth the policy that
civil defense should be the joint responsibility of Federal, State,
and local government. In order to assist state and local
governments in carrying out the purpose of the Federal Civil
Defense Act, the Emergency Management Assistance program was
developed to provide Federal funds for eligible costs on a 50\
matching basis.
Resolution No. 15911, adopted on October 25, 1990, (Attachment A)
authorized the City's participation in the EMA program and also
approved Authorized Officials to sign OES documents. The new
signature resolution will change the name of the Fire Chief to
James B, Hardiman as the Assistant Director of Emergency Services,
in accordance with FEMA regulations (see Attachment B).
FISCAL IMPACT: None.
'8"1
RESOLUTION BO. /7'1.5J
RESOLUTION OF THE CITY OF CBULA VISTA AUTHORIZING
OFFICIALS TO EXECUTE DOCOMEMTS uøDER THE FEDERAL CIVIL
DEFENSE ACT OF 1950, AS AMEBDED.
BE IT RESOLVED by the City Council of the City of Chula Vista,
that the individuals whose names, titles, and specimen signatures
appear below are hereby designated as Authorized Officials and are
authorized to execute for and on behalf of the City of Chula Vista,
a public entity established under the laws of the State of
California, applications and documents for the purpose of obtaining
financial assistance under the Federal civil Defense Act of 1950,
as amended (Public Law 920, Slst Congress, 50 USC App. 2251-2297).
/s/ John D. Goss. City Manaaer
Director of Emergency Services
/s/ James B. Hardiman, Fire Chief
Asst. Director of Emergency Services
Presented by
~O
James B, Hardiman Bruce M, Bo d
Fire Chief City Atto
'¡', ø2- / ?-1-
-- ~--" -
ATTACHMENT A
RESOLUTION NO. 15911
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHOR-
IZINGTHE CITY MANAGER TO REQUEST PARTICIPATION IN THE EMERGENCY
MANAGEMENT ASSISTANCE PROGRAI1, AND APPROPRIATING $48,255 FROM
THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND APPROVING
SIGNATURE RESOLUTION
The Ci ty Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista has expressed interest to the State
Office of Emergency Services (DES) to participate in the Emergency Management
Assistance (EMA) Program; and
WHEREAS, the City's initial request has been approved and we have been
directed by DES to begin implementing our Disaster/Emergency preparedness
Ç40gram for which EMA will ¡rOVide up to $22,553 of the total program cost of
8,255 for the remainder 0 FY 1990-91; and
WHEREAS, the grant package requi res the completion of a Signature
Resol ution which will authorize the Director of Emergency Servi ces/Ci ty
Manager, and Assistant Director of Emergency Services/Fire Chief to sign OES
required materials.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
- Vista does hereby authorize the City Manager to request participation 'n the
Emergency Management Assistance Program.
BE IT FURTHER RESOLVED that the sum of $48,255 is hereby appropriated
from the unappropriated balance of the General Fund to Account 100-1211-5101.
,
BE IT FURTHER RESOLVED that the following named individuals are hereby
authorized to execute for and on behalf of the City of Chula Vista, a public
entity established under the laws of the State of' California, applications and
documents for the purpose of obtaining financial assistance under the Federal
Civil De~se Act of 1950, "å~amended, (Public Law 920; 81st Congress, 50 use
Ap~5 297), ft:-
. ~ ¡{) X' Director of Emergency Services
Signatúre /City Manager
~î: '~~ ' Assistant Director of Emergency
Si gna Servi ces/Fi re C ef
Presented by Ap .., ¡ to , m by
~a-., ~
-Sam Lo~ez Bruce M. Boogaard
Fire C ief City Attorney
8'"'3
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__ _______<·________··_________._n___ _____ ~_~____ _______
Resolution No. 15911
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of October, 1990 by the following vote:
AYES: Council members: Malcolm, HcCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Counc il members: None
ABSTAIN: Counci 1 members: None
ATTEST:
, í{f
Beverly A. City C erk
STATE OF CALIFORNIA }
èOUNTY OF SAN DIEGO } ss.
CITY OF CHULA VISTA }
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoingt.ÞResolution No. 15911 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 25th day of
October, 1990.
Executed this 25th day of October, 1990.
~(~ -
ever y. nelet, er·
. 3"1 ,
ATTACHMENT B
EMERGENCY MANAGEMENT ASSISTANCE PROGRAM
SECTION 5 - ELIGIBILITY REQUIREMENTS
A. Administrative Reauirements - The documents listed below must
be on file with the Assistance and Mitigation Branch for each
EMA participant. After a jurisdiction is officially accepted
into the EMA Program, the Assistance and Mitigation Branch and
OES regional staff will work with them to assure compliance with
these requirements. There are also certain administrative
requirements for EMA contract/member cities. OES Regional
Offices monitor these requirements and will work with EMA
participants to ensure compliance of their EMA contract/member
cities.
These documents must be keut uu-to-date and anv revisions
forwarded to AMB.
1. Emeraencv Services Ordinance - This ordinance establishes
the emergency services agency by law, designates the
agency's responsible officials, and describes the
organization and its functions. (See Attachment A for
model county and city emergency services ordinances.)
To meet EMA criteria, the Emergency Program Manager (EPM)
~ have a direct line of communication and reporting
authority with the responsible officials of the governing
I. body designated in this ordinance.
Couies reauired: One copy with an original certification
by the city/county clerk plus two.
2. Sianature Resolution - This resolution, adopted by the
local jurisdiction's governing body, designates Authorized
Officials to execute documents under the Federal Civil
Defense Act of 1950, as amended, and contains their specimen
signatures. Designees are usually the Emergency Program
Manager and the responsible officials designated in the
emergency services ordinance. (See Attachment B for
resolution format.)
An Authorized Official ~ execute EMA documents requiring
signature of same. To assure the availability of an
Authorized Official, jurisdictions are advised to have at
least two designated, and to revise their resolution as
soon as feasible when there is a change in staff. If a new
EMA applicant does not have a signature resolution in place,
the jurisdiction's Chief Executive must execute documents
requiring the signature of an Authorized Official.
Couies reauired: Original with specimen signatures
certified by the city/county clerk.
(
5-1
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- "".__.~._._--_...~-_.~----- ~---~"-~-_._.
CITY COUNCIL AGENDA STATEMENT
Item ~
ITEM TITLE: /7'15'1 Meeting Date 4/12/94
Resolution Allowing Closure of Third Avenue from "E" to "G"
Streets for the Third Avenue Country Festival on May 1, 1994, Waiving
Sidewalk Sales Ordinance, and Waiving Business License Fees for
Downtown Business Association and Vendors Participating in Event
SUBMITTED BY: Director of Community DeVelOPment~
REVIEWED BY: City Manager Jb 11 ;¡f (4/5ths Vote: Yes _ No-X-)
BACKGROUND:
The Chula Vista Downtown Business Association is requesting permission to close Third Avenue
between "E" and "G" Streets in order to conduct the 1994 Country Festival on Sunday, May 1,
1994, from 5:00 a.m. to 8:00 p.m. The festivities for this event will include live entertainment
along with approximately 100 arts and crafts booths.
RECOMMENDATION: That the City Council adopt a resolution which:
1. Allows the Downtown Business Association to close Third Avenue from "E" to "G"
Street on May I, 1994;
2. Waives the City's sidewalk sales ordinance; and
3. Waives business license fees for the DBA and vendors taking part in the event.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Downtown Business Association is requesting the following:
1. The closure of Third Avenue on Sunday, May 1, 1994 from 5 a.m. to 8 p.m. (a formal
letter of request is attached); and
2. A waiver of sidewalk sales ordinances; and
3. A waiver of business license fees for DBA and vendors taking part in the event.
The Chula Vista Downtown Business Association proposes to do the following:
1. Provide a map to the traffic engineer depicting the closure of streets and the flow of
traffic;
2. Contact and coordinate with the Police Department to arrange for necessary traffic and
crowd control;
9.,/
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Page 2, Item --'--
Meeting Date 4/12/94
3. Contact and coordinate with the local churches to insure appropriate access to churches
and parking areas;
4. Work with the Fire Marshall to arrange for meeting City Fire Department requirements;
5. Coordinate scheduling of a meeting between the County Health Department and food
vendors to assure compliance with County Health Codes;
6. Notify all business affected by the street closures along Third Avenue at least ten days
before the event;
7. Take measures to insure that the noise generated by the event's activities does not reach
an excessive level; the DBA will do the following in order to implement this condition:
a) DBA will continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
b) The performing stages will be as far away as possible from the residential areas.
c) All band performances will be limited to the hours of 10 a.m. to 5 p.m.
d) All participants will be informed by the DBA of these rules and their enforcement.
8. Arrange for barricades and posting of no parking signs 24 hours in advance;
9. Make provision for trash and litter control during the event, cleaning the streets at the end
of the Festival and coordinating final street sweeping following the Festival;
10. Provide a certificate of general liability insurance in the amount of one million dollars
($1,000,000), which names the City of Chula Vista as additional insured; and
11. Execute the City's hold harmless agreement.
Since closing Third Avenue will affect the flow of traffic in the downtown area, the DBA will
contact the City's Traffic Engineer and prepare a plan, to the Traffic Engineer's specifications.
This plan shall be presented to the Engineer by April 18, 1994 and will specify how traffic will
be managed on Sunday, May 1, 1994.
Since closing Third Avenue will also affect the City Transit System, staff spoke with the Transit
Coordinator and he has agreed to the closure as long as "E" and "G" Streets remain passable for
traffic. The Downtown Business Association is aware of this stipulation and will abide by it.
Last year, the DBA as well as the City received complaints from area residents regarding the
noise level created by some of music activities. In an effort to prevent noise from becoming
excessive and creating discomfort to area residents, the DBA has agreed to take the responsibility
of making sure that the level of noise does not become excessive. To do this, the DBA will take
the measures outlined in proposal number 7 above.
In addition, the DBA has requested that the business license fees be waived for the Country
9'" .2..
'___________4____ ._.~_____
Page 3, Item e¡
Meeting Date 4/12/94
Festival. The fees involved are a fee of $250 assessed to the sponsoring organization (DBA) and
a $5 fee for each participating vendor. In the past, the City has waived the business license fees
for the DBA and vendors taking part in the one day event in order to encourage participation.
The rational for waiving the fee is that the Festival is expected to attract many people. This will
promote the downtown businesses with the resulting effect of generating additional commercial
activity and increased sales tax revenue. Waiving the business license fees will encourage vendor
participation. Since having a large number of vendors will help insure the success of the 1994
Country Festival, staff recommends the waiver.
CONDITIONS OF APPROVAL:
It is recommended that the City Council approve the Downtown Business Association's requests
subject to the following conditions:
I. The DBA must provide for adequate traffic and crowd control, as determined by the
Police Department. The cost will be paid for by the DBA. The DBA must also prepare
and submit to the Traffic Engineer two weeks in advance a plan for managing traffic on
the day of the event;
2. The Downtown Business Association must also provide for adequate litter control during
and after the event including professional street sweeping. Expenses for this service will
be paid by the Downtown Business Association;
3. The Downtown Business Association must notify, within ten days of the event, property
owners and tenants, including businesses and residents, that will be affected by the street
closure;
4. The Downtown Business Association will be responsible for taking measures to insure that
the noise generated by the event's activities does not reach an excessive level; the DBA
will do the following in order to implement this condition:
A) DBA will continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
B) The performing stages will be as far away as possible from the residential areas.
C) All band performances will be limited to the hours of 10 a.m. to 5 p.m.
D) All participants of the event will be informed by the DBA of these rules and their
enforcement.
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;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and
?"J
..,.--'.. __>_._n____ --~--.-
Page 4, Item ~
Meeting Date 4/12/94
"G" Streets must remain open to traffic;
7. The Downtown Business Association must provide, 14 days prior to the Festival, evidence
of general liability insurance in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista
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.
In the past the City Council has requested information regarding the impacts of special events
on the area businesses. The impacts of the Third Avenue Country Festival on downtown
businesses will be positive. It will bring hundreds of people to the downtown to shop on that
particular day. It will also expose new visitors to the downtown businesses, and those visitors
will potentially come back to shop.
FISCAL IMPACT: The City will incur the administrative costs of processing this request. By
waiving the business license fee, the City will forego approximately $750 in fees. The DBA will
pay for costs related to special police for traffic/crowd control, special personnel for trash
control, street cleaning, sidewalk cleaning and any additional costs or labor. The cost of these
services is estimated at approximately $1,000.
[FILE:\MZT DISK VII\A:\STCLOSUR,A13]
9·~
_m ___~__ _ _ .~~...~_"__._.....__.__".._.._,._______
RESOLUTION /7J/5Lj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ALLOWING CLOSURE OF THIRD A VENUE FROM "E" TO "G"
STREETS FOR THE THIRD A VENUE COUNTRY FESTIVAL ON MAY
1, 1994, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING
BUSINESS LICENSE FEES FOR THE 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 Downtown Business Association;
and
WHEREAS, the Downtown Business Association has requested to close Third
Avenue from "E" to "G" Street in order to conduct the 1994 Country Festival on May 1, 1994;
and
WHEREAS, the Downtown Business Association has requested a waiver of the
City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct the
1994 Third Avenue Country Festival; and
WHEREAS, the Downtown Business Association has also requested a waiver of
the Business License Fees for the Downtown Business Association and vendors taking part in
the 1994 Third Avenue Country Festival.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby fmd, order, detennine and resolve that the City Council of the City of
Chu1a Vista approve the closure of Third Avenue on May 1, 1994 for the purpose of the
Downtown Business Association conducting the 1994 Third Avenue Country Festival subject to
the conditions listed in Exhibit A.
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 Downtown
Business Association can conduct 1994 Third Avenue Country Festival on May 1, 1994.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista
approves the requested waiver of the City's Business License Fees for the Downtown Business
Association and all vendors taking part in the 1994 Country Festival on Ma , 1994.
PRESENTED BY: EDATF
Q~~_/
Chris Salomone Bruce M. BoogaMd
Community Development Director City Attorney
[FILE:MZT DISK VffiA:\STRCLOSR.]
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EXHIBIT A
Conditions of Approval for the Closure of Third Avenue on May 1, 1994 by the Downtown
Business Association
1. The DBA must provide for adequate traffic and crowd control, as determined by the
Police Department. The cost will be paid for by the DBA. The DBA must also prepare
and submit to the Traffic Engineer two weeks in advance a plan for managing traffic on
the day of the event;
2. The Downtown Business Association must also provide for adequate litter control during
and after the event including professional street sweeping. Expenses for this service will
be paid by the Downtown Business Association;
3. The Downtown Business Association must notify, within ten days of the event, property
owners and tenants, including businesses and residents, that will be affected by the street
closure;
4. The Downtown Business Association will be responsible for taking measures to insure that
the noise generated by the event's activities does not reach an excessive level; the DBA
will do the following in order to implement this condition:
A) DBA will continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
B) The performing stages will be as far away as possible from the residential areas.
C) All band performances will be limited to the hours of 10 a.m. to 5 p.m.
D) All participants of the event will be informed by the DBA of these rules and their
enforcement.
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;
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, 14 days prior to the Festival, evidence
of general liability insurance in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista
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.
e¡..¿
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HOLD HARMLESS AGREEMENT REQUIRED BY THE
CITY OF CHULA VISTA SO THAT THE DOWNTOWN
BUSINESS ASSOCIATION MAY CONDUCT THE 1994
THIRD A VENUE COUNTRY FESTIVAL ON SUNDAY, MAY
1, 1994
Downtown Business Association (DBA) shall defend, indemnify and hold harmless the City of
Chula Vista (the City), its agents, elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense (including. without limitation,
attorney's fees) arising out of the conduct of the DBA, or any agent, officer, employee,
subcontractor, or other person acting on behalf of the Downtown Business Association in
connection with the Third Avenue Country Festival on May 1, 1994, except only for those
claims arising from the sole negligence or sole willful conduct of the City, its agents, officers,
or employees. The Downtown Business Association's indemnification shall include any and all
costs incurred by the City, its agents, officers or employees in defending against such claims,
whether the same proceed to judgment or not. Further, the Downtown Business Association at
its own expense shall, upon written request by the City, defend any such suit or action brought
against the City, its agents, officers, or employees. The Downtown Business Association's
indemnification of the City shall not be limited by an prior or subsequent declaration by the
Downtown Business Association.
Executed thisYfl.day of ~r'./! 1994 in the City of Chula Vista, California.
DOWNTOWN BUSINESS ASSOCIATION
BY~/U~
! V M:D
~Bruce M. Boogaard
City Attorney
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9-1
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March 1, 1994
Chris Salomone, Director
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Chris,
Re: 1994 Countty Festival
CincoFest 1993 will be replaced this year with the revival of Chula Vista's Country
Festival. The Country Festival will be held on Sunday. May 1 from 10 a.m. until 5 p.m..
We would like to close Third Avenue to through traffic between E Street and 0 Street
from 5 a.m. until 8 p.m. to allow ample time for set up and end of the day clean up. We
anticipate approximately 100 art and crafts booths along with live entertainment on stage
beginning at 11 a.m.. Attached is a tentative map for your review.
During the Third Avenue Festival last year, we experienced some problems with
excessively loud music being played by one of our businesses. After numerous com-
plaints from adjacent vendors, we requested the business owners to turn down the
volume so that vendors could talk with their customers. Our requests were repeatedly
denied.
In laying out our event we make every effort to showcase our businesses and urge them
to be open and utilize their sidewalks. Weare careful to control the placement and volume
of all music. After repeated complaints about the Latino stage, this year we are taking
steps to maintain complete control over the stage and the volume.
As part of our conditional use pernùt would it be possible to include language that would
enable us to deal with excessive music or noise during our event. The problems that
occurred last year were the result of speakers placed on the exterior of a building not loud
music inside an establishment.
Thank you for your cooperation and support.
j:J
Jim Fergus, Pr~
cc:John Oates, Parks and Recreation Department
9 .,. 8'
._.._-----",._,....,--"._-_._---_.~----------_._-
1994 COUNTRY FESTIVAL
Sunday, May 1, 1993
Tentative Stteet Layout >. >.
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Latino Stage
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Davidson, F , Center Stteet and Madrona Streets will be closed to through ttaffic.
East and West Alleys to remain open to through traffic.
X = Arts & Crafts, Commerical And Food Booths
9'7
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COUNCIL AGENDA STATEMENT
Item /#
Meeting Date 4/12/94
ITEM TITLE: Resolution 17'1.>.1'0· d·· F d IT·
pposmg a re uctlOn m e era ranslt
Operating Assistance
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Managerj(¡ ~~ (4/5ths Vote: Yes_NoX)
At the April 5, 1994 Council meeting under written communication, Metropolitan Transit
Development Board (MTDB) Chairman Leon Williams requested the City of Chula Vista to
adopt a resolution opposing a reduction in FY 1994-95 Federal transit operating funds. A copy
of the letter from Chairman Williams to Mayor Nader is attached for Council's information,
RECOMMENDATION: That Council adopt resolution opposing a reduction in Federal
transit operating assistance for FY 1994-95,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
The proposed Clinton Administration budget for FY 1994-95 reduces Federal transit operating
funds by 25% with further reductions proposed in future years, Although the City of Chula
Vista does not receive any Federal transit funds to support Chula Vista Transit operations, the
City benefits from public transportation services provided by San Diego Transit and the San
Diego Trolley, both of which receive Federal funds for operations,
As indicated in Chairman Williams' letter, Federal transit assistance already has been reduced
this year and a further reduction in funding would impact public transportation services in the
San Diego region, Some impacts include: higher fares; reduced service; difficulty in
implementing Americans with Disabilities Act (ADA) requirements; and potential lower transit
ridership, resulting in increased traffic congestion, fuel consumption, and air pollution,
MTDB has requested that a copy of any resolution adopted by Council be sent to the San
Diego region congressional delegation. Councilman Rindone, Vice Chairperson, MTDB Board
of Directors, voted in favor of this resolution at the Board meeting,
FISCAL IMPACT: The potential 25% reduction in Federal Transit operating funds for next
fiscal year will amount to approximately $1.3 million to MTDB,
WMG:DS-032
WPC F:\HOME\ENGINEER\BILLG\1799.94
/1)-/
.. ~_.- ,.. ._ ~._.. _ _~...._."'"._ "_.",,,__,.___,_______.______m , ._.___,_,_,,___~___________~.__~_
RESOLUTION NO. j7~S~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING A REDUCTION IN FEDERAL
TRANSIT OPERATING ASSISTANCE
WHEREAS, the Clinton Administration's budget for FY 1995
proposes a reduction in transit operating assistance of 25 percent,
with further reductions planned for future years; and
WHEREAS, the San Diego region is already projecting a
significant shortfall and may result in the following impacts:
WHEREAS, a reduction in federal operating assistance
would add to this shortfall and may result in the following
impacts:
1- efforts to implement the requirements of the
Americans with Disabilities Act and Clean Air Act
would be severely hampered;
2. higher fares and reduced service may become
necessary, undercutting transit operators' ability
to increase ridership;
3. lower transit ridership would result in increased
traffic congestion, fuel consumption, and air
pollution; and
4. unemployment may increase, further damaging the
local economy which has been severely impacted by
the lingering recession; NOW THEREFORE
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby oppose a reduction in Federal
Transit Operating Assistance and requests that the San Diego region
congressional delegation take action to strongly resist any
reductions in federal transit operating assist nce.
Presented by ar by
¡Bruce M.
John P. Lippitt, Director of , City
Public Works Attorney
1801.94
}1/".2-
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1255 Imperial Avenue, Suite 1000 ill Œ OJ I~ n \1 Œ r:\ ¡
San Diego, CA 92101-7490 I D ..._....2.- '. - ·_·-~l-1: I'
(619) 231-1466 !' ,
FAX (619) 234-3407 ~ ¡ MAR 2 I 1994 . ',,"
March 15, 1994 \ L-~.:.-.--.. \. FIN 340.1
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The Honorable Tim Nader p~ ~ ~
Mayor m(") !5 0
City of Chula Vista ~.~ N m
276 Fourth Avenue v,r== ". -
Chula Vista, CA 91910-2699 s¡;;~ :I:> ~
:!2¡:;:¡ '0 C
Dear Mayor Nader: ~~ Ö
'0
The Clinton Administration's budget for FY 95 proposes a reduction in transit
operating assistance of 25 percent, with further reductions planned for future
years. The San Diego region is already projecting a significant shortfall in
transit operating funds for FY 95 and beyond, and a reduction in federal
operating assistance would exasperate this situation, with the following
potential impacts:
1. Efforts to implement the requirements of the Americans with Disabilities
Act would be severely hampered;
2. Higher fares and reduced service may become necessary, undercutting
transit operators' ability to increase ridership;
3. Lower transit ridership would result in increased traffic congestion,
fuel consumption, and air pollution; and
4. Unemployment may increase, further damaging the local economy which has
been severely impacted by the lingering recession.
For these reasons, the San Diego Metropolitan Transit Development Board (MTDB)
passed the attached resolution opposing the proposed reduction in federal
transit operating assistance and sent it to the San Diego congressional
delegation. In order to assist in this effort, we are requesting that your
governing Board take similar action and send a copy of your correspondence to
MTDB. Thank you for your support.
WRITTEN COMMUNICA nON
Cc' C5 l-lrM r 7ft!
Attachment: MTDB Resolution No. 94-14 ~ ~~~ .'
BdP"d~,,/~/ ~~
Member Agene,es I/J' ? rv~ 9-/. . / ~.æç'd J-7~ /V
CltyofChula Vista City otCoronado, City 01 Ef Cajon, City Ollmpenafeeach, ~ La Mesa. CIty of Lemon Grove City of NatIOnal City Ity o! Poway C,ty~~ Diego. WOI
Santee, County 01 San Diego. State 01 California
Metropolitan Transit Development Board is Coordinator 01 the Metropolitan Transit System and is Regulatory Authority for ~ Paratransit Administration
Subsidiary Corporations: ~ San Diego Transit Corporation, [I] San Diego Trolley, Inc. and [1'; San Diego & Arizona Eastern Railway Company
....-- -~~--,,~._--~_.._-_.__.~-~..
·
¡
SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD
RESOLUTION NO. 94-14
Resolution ODDosina a Reduction in Federal Transit ODeratina Assistance
WHEREAS, the Clinton Administration's budget for FV 95 proposes a
reduction in transit operating assistance of 25 percent, with further
reductions planned for future years; and
WHEREAS, the San Oiego region is already projecting a significant
shortfall in transit operating funds for FY 95 and beyond; and
WHEREAS, a reduction in federal operating assistance would add to
this shortfall and may result in the following impacts:
1. efforts to implement the requirements of the Americans with
Disabilities Act and Clean Air Act would be severely
hampered;
2. higher fares and reduced service may become necessary,
undercutting transit operators' ability to increase
ridership;
3. lower transit ridership would result in- increased traffic
congestion, fuel consumption, and air pollution; and
4. unemployment may increase, further damaging the local
economy which has been severely impacted by the lingering
recession; NOW THEREFORE
BE IT RESOLVED, that the MTD Board of Directors hereby requests
that the San Diego region congressional delegation take action to strongly
resist any reductions in federal transit operating assistance.
PASSED AND ADOPTED, by the Board this 24th day of February 1994,
by the following vote:
AVES: Burns, Dalla, Haskins, LaSuer, Kehoe (for McCarty),
Rindone, Roberts, Shoemaker, Var9as, Williams
NAVES: None
ABSENT: Bartell, Chamberlain, Emery, McCarty, Stallings
IP'¿/
" ___._."'____.. . ',_m .__.."_._.._______~~......_..__~_~~._.__.__...._._..
,
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.
ABSTAINING: None
./
I C a1
~án ego Metropolitan Transit
~lopment Board
Filed By: Approved as to form:
~~d~ ~enerãì co~ ~ ~~
San Diego Metropolitan Transit San Diego Metropolitan Transit
Development Board Development Board
BJB:bjb:paw
RES94-14.BJB
2/1B/94
I HEREBY CERTIFY that the above
and foregoing is a full, true and
corree' ccpy or a DOCUMENT
of th~ ',~n Üi~:p Metropolitan Transit
Dcvc:;",:·;':.:·"~ T" ·'¡::-d. P?s~ed
and2:;\~~ ~
Deborab Gunn, Clerk of the Board
,...
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COUNCIL AGENDA STATEMENT
Item / /
Meeting Date 4/12/94
ITEM TITLE: a) Resolution /7'15(, Adopting Mitigated Negative Declaration IS.
94-19 for Eastlake Greens GDP/SPA
b) Resolution /7'15'7 Adopting a map showing the proposed
boundaries of Assessment District No, 94-1 (Eastlake Greens II)
c) Resolution I 7 J/.f J' Approving a proposed resolution of intention
and requesting consent and jurisdiction for Assessment District No, 94-1
(Eastlake Greens II)
SUBMITTED BY: 0;"""", of """Ii, Wod" r
REVIEWED BY: C;ty ......~ J;, 'lJ ~ (4/5ths Vote: Yes_NoX)
EastLake Development Company (EDe) has informally petitioned the City to use assessment district
financing for improvements to be located in Eastlake Greens II, A portion of the land proposed to
be assessed is outside the City's boundary, As a preliminary step in the proceedings it is necessary
to request consent and jurisdiction from the County of San Diego to construct the portion of the road
and to assess the land outside the City, The Negative Declaration must be approved by the City prior
to requesting consent and jurisdiction from the County,
The Environmental Review Coordinator conducted an Initial Study, IS 94-19, of potential
environmental impacts associated with the implementation ofthe project. Based on the attached Initial
Study and comments thereon the Coordinator has concluded that there would be no significant
unmitigable environmental impacts and recommends adoption of the Mitigated Negative Declaration
issued on IS 94-19,
RECOMMENDATION: Adopt the resolutions, make findings on IS 94-19, adopting a map showing
the proposed district boundary, approving the form of the Resolution of Intention and requesting
consent and jurisdiction,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
Boundarv and ImDrovements
The proposed boundary of Assessment District No, 94-1 (AD 94-1) includes the parcels located in the
south part of the Eastlake Greens development and the areas presently within the County located
between Eastlake Greens and Orange Avenue and an area west of Eastlake development (see
Attachment A),
1/'/
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Page 2, Item IJ
Meeting Date 4/12/94
The public improvements proposed to be financed through this acquisition proceeding include:
1. South Greensview Drive from Clubhouse Drive to Hunte Parkway
Grading, base, paving, curb, gutter, sidewalk, street lighting, landscaping, and underground
facilities for water, reclaimed water, sewer, storm drainage, electric, telephone and ga.s,
2, Hunte Parkway from Clubhouse Drive to Orange Avenue
Grading, ba.se, paving, curb, gutter, sidewalk, median, street lighting, landscaping, monuments,
and storm drain improvements,
3, Orange Avenue from Hunte Parkway to the SDG&E Easement
Grading and storm drain improvements,
The estimated total amount to be assessed to the land in the district is $8,000,000, $5,397,354 for
grading and improvements and $2,602,646 for incidental costs for design, plan check, assessment
district formation (City and consultants), bond reserve fund and discount allowances, Hunte Parkway
and Orange Avenue are both components of the Transportation DIF program, It is proposed that the
DIF amount of $3,998ÆDU, effective January, 1995, be utilized a.s the method of spreading these
streets' costs, Council raised the TransDIF to $3,998 but it will not go into effect until January 1,
1995, The intent of delaying the fee increa.se was to encourage home construction, and not necessarily
to encourage assessment district financing, This will affect 580 dwelling units, If this additional fee
is not collected, there could be as much a.s $544,000 of revenues lost to the TransDIF, which means
that fewer remaining units would pay a higher fee, The DIF eligible costs are estimated to be
$1,773,278, However, it is likely that only a part of this debt can be placed on the land because an
overlapping assessment district, AD 91-1, ha.s placed DIF debt on most of the land proposed to be
included in this district.
Petition
EDC ha.s submitted a letter requesting formation of an assessment district to finance the improvements,
Prior to adoption of the final Resolution of Intention, scheduled for next month pending County
approval, EDC will submit a formal petition.
Consent and Jurisdiction
The preliminary area of benefit ha.s been determined for AD 94-1 and includes two parcels of land
located outside the boundary of the City, A portion of the improvements to be acquired along Orange
Avenue are also located within the County, Under a.ssessment district statutes,_ the City is required
to request and receive consent and jurisdiction from the County in order to construct the improvements
outside its boundaries and to assess the cost of those improvements to the district. It is also necessary
to request and receive consent and jurisdiction to a.ssess land located outside its boundary. Prior to
requesting consent and jurisdiction from the County, it is necessary for the City to approve the
//":L
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Page 3, Item II
Meeting Date 4/12/94
resolution adopting the boundary map which constitutes the formal action establishing the proposed
boundaries and also approve a resolution approving the proposed Resolution of Intention and
requesting consent from the County, Upon receipt of consent and jurisdiction, the City may begin the
formal assessment district proceedings,
Actions
Tonight's action is the initiation of the proceedings for the formation of Assessment District No, 94-1
(Eastlake Greens II), Through the approval of these resolutions, the following will generally be
accomplished:
1. The Resolution adopting Mitigated Negative Declaration must be approved by the City in order
to proceed to the County, It considers the modification to the Eastlake Greens GDP/SPA and
the formation of an assessment district for financing various public improvements,
2, The resolution adopting a map showing the proposed boundaries is the formal action
establishing and approving boundaries of the proposed assessment district. The boundary, as
proposed, includes the southerly portion of the Eastlake Greens,
3, The resolution declaring intention is the jurisdictional resolution under" 1913 Act" proceedings,
declaring intent to finance improvements through the issuance of bonds and declaring that the
improvements are a benefit to the property in the district. This resolution approves the form
of the Resolution of Intention and requests County consent and jurisdiction,
Future Actions
An acquisition agreement setting out terms and conditions for acquiring the public improvements will
be brought forward in the near future, Of special note is EDC's intent to construct the improvements
in three phases to track with the development phasing, The agreement requires EDC to provide right
of way and security for grading and improvements at certain assessment district and development
stages to protect the City in the event that EDC is unable to financially complete all the improvements,
There will be one bond sale with proceeds to be maintained by City until the improvements have been
constructed and accepted, In order to assure that the City has enough money to complete the project,
bonds will also be required at various stages of the project. The agreement has been prepared by bond
counsel, will be reviewed by the City Attorney and will be presented to Council in the near future,
After the County grants the City consent and jurisdiction, the City may approve the Resolution of
Intention and set the public hearing dates, Mter the public hearings, Council may approve formation
of the district and confirm the assessments, Staff anticipates the hearings to be held in June of this
year to meet EDC's schedule for marketing some of the homes, within the proposed assessment
district, in July, Staff also anticipates that bonds will be sold in July in time to make the August
deadline for getting the assessments on the tax roll,
/ /..:>
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Page 4, Item II
Meeting Date 4/12/94
FISCAL IMP ACT: The developer has advanced funds for all City and consultant expenses related
to the proposed assessment district pursuant to the reimbursement agreement. In conformance with
Council policy on developer requested assessment districts, EDC will deposit the origination charge
of approximately $120,000 prior to the first public hearing, The actual amount will be based on the
Final Engineer's Report,
DDS:AY-û92 NOT SCANNED
Attachments: A - Boundary Map
Al- Project Phasing Map NOT SCANNED
B - Letter from EastLake NOT SCANNED
C - Proposed Resolution of Intention '
D - Mitigated Negative Declaration IS 94-19 NOT
SCANNED
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If-If /11-8
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EXHIBIT A
PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
¢ EASTLAKE GREENS, II
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April 1, 1994
VIA FACSIMILE
Ms. Donna Snider
City of Chula VISta
Engineering Department
276 Fourth Avenue
Chula VISta, CA 92010
Re: Assessment District 94-1
Dear Donna, r
Please accept tlùs letter as EastLake Development Company's request ...
to the City of Chula Vista for the approval of the Assessment District ...
94-1 Acquisition Agreement. We are aware that the Acquisition .-.
Agreement is going fOIWard for Council action without being EASTLAKE
accompanied by the customary Assessment District Petition. We æH~ENT
understand that until such time as a Petition is approved, the
assessment district fonnation process cannot be completed.
EastLake Development Company appreciates the City's cooperation in
scheduling the Acquisition Agreement approval, Going fOIWard with
tlùs action has enabled us to maintain ongoing project construction
schedules.
If you have any questions, please call me.
Sincerely,
¿:::;:/" /dI~
~/ "I
¿;. , ,
" -
Bruce N. Sloan
Sr. Project Manager
BNS:sb
ATTACHMENT B
1/-7 900 lOne Avenue
~ Suite 100
Chulo \/Isto, CA 91914
m9l42H)127
619) 421·1830
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.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN
IMPROVEHENTS IN A PROPOSED SPECIAL ASSESSMENT DISTRICT;
DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
1- The public inter.st and conv.ni.nc. r.quir., and it is the
intention of this body, pur.uant to the provi.ion. of Division 12 of the
Streets and Highways Code of the State of California (the "Municipal
Improvement Act 1913"), to order the installation of c.rtain public
improvements, together with appurtenanc.. and appurtenant work, in a
special assessment district known and designated as ASSESSMENT DISTRICT
NO. 94-1 (EASTLAKE GREENS II) (hereinafter r.ferred to as the "Assessment
District") .
DESCRIPTION OF IMPROVEHENTS
A. The improvements to be acquir.d and financed under these
proceedings are generally de.cribed as street improvements consisting of
grading, base, paving, curb, gutter, .idewalk, street lighting and
landscaping, utilities and und.rground improvement. con.i.ting of water,
.anitary sewer, .torm drain, irrigation and public utility facilities,
together with appurtenanes and appurtenant work, to eerve and benefit
properties located within the boundaries of the Assessment District.
B. All of .aid work and improvement. are to be in.talled at the
places and in the particular locations, of the forms, .izes, dimensions
and materials, and at the lines, grades and .levations a. .hewn and
delin.ated upon the plan., profiles and .pecifications to be made
therefor.
C. The description of the improvement. contained in this Resolu-
tion is general in nature, and the plans and profiles of the work as
contained in the Eng in.er . . "Report" .hall be controlling a. to the
correct and detailed description th.reof.
DESCRIPTION OF ASSESSHENT DISTRICT
2. That said improvement. and work to be acquired are of direct
benefit to the properti.s and land within the A.....m.nt Di.trict, and
this legi.lative body h.r.by make. the expen... of .aid work, improvement
and acqui.ition charg.abl. upon a di.trict, which i. d..cribed as
followsl
All that c.rtain t.rritory in the Di.trict includ.d within the
exterior boundary lin.. .hown on the plat exhibiting the property
benefit.d and to be a......d to pay the co.t. and .xpen.e. of .aid work
and improvement. in the A....sment Di.trict, .aid map titled "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)", and
C -t //~<J ATTACHMENT C
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Resolution No.
Page 2
which map was heretofore .pprov.d .nd which ..id m.p is on file with the
tr.n.cript of the.e proceedings, EXCEPTING therefrom the area shown
within the .r.a of .11 public .treets, ..s.m.nt. or public rights-of-w.y.
For all particular. .. to the boundaries of the Assesement Di.trict,
reference is hereby m.de to ..id previously .pproved boundary map.
REPORT OF ENGINEER
3. That this proposed acqui.ition i. hereby ref.rred to the
ASSESSMENT ENGINEER, who i. h.reby direct.d to make and file the report
in writing containing the following.
A. Plans and specifications of the proposed improvements to be
acquired;
B. An estimate of ths cost of the acquisition of the proposed
work. of improvement, including the cost of the incident.l .xpenses in
connection therewith;
C. A diagram .howing the Assessment District above referred to,
which shall also show the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, .s the .ame existed
.t the time of the pa..age of the Resolution of Intention, each of which
subdivisions shall be given a .eparate number upon said Di.gram;
D. A propo.ed ......ment of the tot.l amount of the ...essable
costs and expenses of the .cquisition of the proposed improvement upon
the .everal division. of l.nd in proportion to the e.timated benefit. to
be received by such .ubdivi.ions, respectiv.ly, from ..id improvement.
Said assessment shall refer to .uch subdivi.ions upon said diagram by the
respective numbers thereof;
E. The description of the works of improvement to be acquired
under these proceedings.
When .ny portion or percent.ge of the co.t .nd .xpen.es of the
improvement. is to be paid from soure.. other than ae....mente, the
lUIIOunt of .uch portion or percent.ge sh.ll fir.t be deduct.d from the
total estimated co.ts and expense. of .aid acquisition, .nd ..id
.asessment .hall include only the rem.ind.r of the estim.t.d costs and
expenses. S.id assessment .hall refer to ..id .ubdivi.ion. by their
respective numbers a. a..igned pursuant to Subsection D. of this Section.
~
4. Notice i. h.r.by giv.n that bond. to represent the unp.id .....s-
ments, .nd bear intere.t .t the r.te of not to exc.ed the current l.g.l
maximum rate of 12\ per annum, will be i..ued hereunder in the manner
provided in the "Improvement Bond Act of 1915", being Divi.ion 10 of the
Streets .nd Highw.y. Cod. of the State of C.liforni., whicn bond. .h.ll
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Resolution No.
Page 3
be i..ued not to exceed the l.gal maximum t.rm as authorized by law,
THIRTY-NINE (39) YEARS from the .econd day of September next .ucceeding
twelve (12) months from their date. The provisions of Part 11.1 of .aid
Act, providing an alternative procedure for the advance payment of assess-
ments and the calling of bonds .hall apply.
The principal amount of the bond. maturing .ach year .hall be
other than an amount equal to an even annual proportion of the aggregate
principal of the bonds, and the amount of principal maturing in each
year, plus the amount of int.rest payable in that year, will be generally
an aggregate amount that i. .qual each year, except for the first year's
adjustment.
Pursuant to the provisions of the Streets and Highways Code of
the State of California, .pecifically Section 10603, the Treasurer is
hereby designated a. the officer to collect and receive the assessments
during the cash coll.ction period. Said bonds further .hall be serviced
by the Treasurer or designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
S. That except as herein otherwise provided for the issuance of
bonds, acquisition of all of .aid improvements shall be made and ordered
pursuant to the provi.ions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of
-California.
SURPLUS FUNDS
6. That if any .xce.s .hall be realized from the a.....ment, it
shall be used, in .uch amounts as the legislative body may determine, in
accordance with the provisions of law for on. or more of the following
purposes:
A. Transf.r to the g.neral fund; provid.d that the ,amount of
any such transf.r shall not .xc.ed the l....r of one Thousand Dollars
($1,000.00) or five perc.nt (5') of the total from the Improv.ment Fund;
B. As a cr.dit upon the ......m.nt and any .upplemental
asses.ment¡
C. For the maintenance of the improvement ¡ or
D. To call bond..
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Resolution No.
Page 4
SPECIAL FUND
7. The legislative body hereby establishes a special improvement
fund identified and desiqnated by the name of this Assessment District,
and into said Fund monies may be transferred at any time to expedite the
making of the improvements herein authorized, and any such advancement of
funds is a loan and shall be repaid out of the proceeds of the sale of
bonds as authorized by law.
PROCEEDINGS INQUIRIES
8. For any and all information relating to these proceedings,
including information relating to protest procedure, your attention is
directed to the person designated below:
DONNA SNYDER
ASSESSMENT DISTRICT COORDINATOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 91910
TELEPHONE. (619) 691-5266
PUBLIC PROPERTY
9. All public property in the use and performance of a public
function shall be omitted from assessment in these proceedings unless
expressly provided and listed herein.
ACQUISITION
10. That the public interest, convenience and necessity requires
that certain land, rights-of-way or easementa be obtained in order to
allow the works of improvement as proposed for this Assessment District
to be accomplished. The Engineer's "Report" , upon adoption, shall set
forth a general description of the location and extent of -easements
and/or land necessary to be acquired.
NO CITY LIABILITY
11. This legislative body hereby further declares not to obligate
itself to advance available funds frQm the Treasury to cure any
deficiency which may occur in the bond redemption fund. This determina-
tion is made pursuant to the authority of section 8769(b) of the Streets
and Highways Code of the State of California, and said determination
shall further be set forth in the text of the bonds issued pursuant to
the "Improvement Bond Act of 1915".
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Resolution No.
Page 5
PETITION
12. That a petition .igned by property owner. repre.enting more
than 60' in area of the property .ubject to a..e..ment for .aid improve-
ment has been .igned and filed with the legi.lative body, and no further
proceeding. or action. will be required under Divi.ion 4 of the Street.
and Highway. Code of the State of California, the 'Special A..e..ment
Investigation, Limitation and Majority Protest Act of 1931".
ANNUAL ADMINISTRATIVE ASSESSMENT
13. It is hereby declared that this legi.lative body propo.es to
levy an annual assessment pursuant to Section 10204 'of the Streets and
Highway. Code of the State of California, .aid annual a.....ment to pay
costs incurred by the City and not otherwi.e reimbursed which result from
the admini.tration and coll.ction of a.....m.nt. or from the admini.tra-
tion or regi.tration of any associated bonds and reserve of other related
funds.
UTILITY IMPROVEMENTS
14. It is the intention of this legi.lative body to enter into
agreement. with certain public utility companies or public ag.nci.s where
facilitie.. to be .aae...d will be owned, managed and controlled by a
utility or ag.ncy oth.r than this l.gi.lativ. body. For particular.,
reference i. made to .aid Agreements which .hall be on file and open for
public inspection, which .aid Agreements will be approved prior to the
ordering of any work. All Agreements are authorized by and .hall be
con.i.tent with the provi.ion. of Street. and Highway. Code Section
10110.
Presented by Approved a. to form by
John P. Lippitt Bruce M. Boogaard
Public Work. Director City Attorney
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Resolution NO.
Page 6
PASSED, APPROVED, and ADOPTED by the City council of the City of
Chula Vista, California, this day of , 1993,
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) as.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council held on
the day of , 1993.
Executed thia _____ day of , 1993.
Beverly A. Authelet, City Clerk
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V:~igated Negative Declaratio
,
PROJECT NAME: Modification to the EastLake Greens GDPISPA and the fonnation
of an Assessment District for various public improvements
PROJECT LOCATION: South of Otay Lakes Road between EastLake Parlcway ud Hunte
Parkway
PROJECT APPLICANT: Eastlake Development Company
CASE NO: IS-94-19 DATE: February 28, 1994
,
,
A. Protect Settin2
The project site located south of Otay Lakes Road between EastLake Parkway and Hunte
Parkway and this general vicinity (Eastlake and Otay Ranch) do not involve any substantial
soil or any geotechnical hazards that would impact the proposed project.
The project is located within the San Diego air basin which is an air quality Don-attainment
basin. The project includes a 97 dwelling unit increase because of the expansion in land
area of the Greens SPA. This will not result in a substantial increase in emission into the
air basin or any substantial degradation in air quality.
"
However, because the increase in the projected units is more than SO, compliance with the
City requirement for an Air Quality Improvement Plan must be met. Thus, this less-than· .
significant impact will be further reduced.
The project site involves the Telegraph Canyon Creek, Poggi Canyon Creek and Salt Creek
drainage basins. Future regional facilities in these basins may nee4 additional cumulative
capacities to serve the 22.7 additional acres being added to the SPA boundary but the
impacts of this project would not be significant. These drainage courses do not enter any
potable water sources nor are they a significant source of any ground water. .
This property bas been used for agricultural purposes for many decaðes and is void of any
significant vegetation or animal life, The project could affect raptor habitats but given the
limited acreage this is not significant.
There are various streets in the project area which have traffic volumes that may result n
adverse noise levels, Once precise pad elevations n¡1ative to street elevations are known,
specific mitigation will be identified and implemented. This residential project will not
result in any significant sources of light or glare.
The project as proposed is consistent with the other low-medium densities adjacent to and
in the vicinity of the project site IDd the population levels are consistent with the project
area.
, Public facilities and services including transportation are aVailab5d adequate to ~{I?-
the project site and vicinity. . / / ~ / ::-Jl_-=
~~~;;-
elty of chula vllta plannl"'9 department 01Y Of
._____ __ I _ . . . __... I"'UI II A. 'nrTA
The underlying geological strata on the project site possess a high potential for significant
paleontological resources. Those areas which have been graded have been monitored and
any significant resources recovered. This monitoring will continue in the currently non-
graded areas.
Mitigation of any potential cultural resources on the project site was previously
implemented. .
B, Proiect Descrintion
General Descrintion
The project is an amendment to the adopted Eastlake I General Development Plan (GDP),
which includes EastLake Greens; an amendment to the adopted Eastlake Greens SPA Plan
(SPA) and Tentative Tract Map; and the annexation of approximately 23 acres to the City
of Chula Vista. The amendments to the GDP and Tentative Tract Map are intended to
reflect those changes proposed in the SPA Plan. The changes in the SPA Plan are of the
following two categories:
1. Amending the GDP/SPA to include those parcels of the recent Land Swap General
Plan Amendment east of the SDG&E transmission easement (expansion of Parcels
R-I0, R-20, and R-23 for 97 additional units).
2. Transfers of units within the existing SPA boundary to reflect refmements with no
net increase of density.
3. The fonnation of an Assessment District to (94-1 Eastlake ll) for the installation
of public facilities to serve the project.
Included is Table 1, the Adopted Site Utilization Plan and Table 2 which summarizes the
proposed residential changes.
Descriotion of Land Swan Area Amendment
Only those areas east of the transmission easement area included in this amendment. The
balance of the Land Swap Area (between the Otay Ranch and Eastlake), which was
recently the subject of a General Plan Amendment, will be covered by a separate
amendment. The purpose of including the areas in this proposed amendment separately is
because they are logical expansions of existing parcels within the Eastlake Greens SPA
plan. The parcels that are expanded by the recent GPA include Parcels R-IO, R-20 and R-
23. Upon favorable action, these areas are proposed to be annexed to the City of Chula
Vista. Following is a description of each of these parcels:
R-lO: The realignment of Orange Avenue to the south expanded
this parcel's boundary. These expanded areas were designated Low·
Medium Density on the General Plan. The mid-point of the density
range (4.5 dulac) is being proposed. The total increase for this
parcel is 79 du (67 du in the Land Swap Area and 12 du in areas
previously indicated as Orange AvenueIFuture Urban).
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WPC F,\llDMEU'LANNlNGI736,94 Pogo 2
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. Bast:Lake Graena Sit:e utilizat:ion Plan
Erl8t1Dg lteai4enUal LaDe! V_ stat:i8tics
Parcel Densit:y Acres '1'&rget: '1'arget
Humber Ranae Densitv Unit:.s
R-1 0-5 19.7 2.7 54
. R-2 0-5 14.7 2.7 40
R-3 0-5 21.8 3.8 83
R-4 0-5 24.0 4.3 104
R-5 0-5 23.0 4.6 105
R-6 0-5 17.4 5.0 88
R-7 5-15 10.7 6.0 65
R-8 5-15 16.4 5.9 96
R-9 5-15 8.5 5.3 45
R-10 '5-15 27.9 6.0 167
R-11 5-15 14.6 6.3 92
R-12 5-15 14.3 6.5 93
R-13 5-15 22.6 6.3 142
R-14 5-15 11.4 7.4 84
R-15 5-15 11.6 7.6 88
R-16 5-15 10.5 7.9 83
R-17 5-15 29.7 7.2 214
R-18 5-15 9.9 8.8 87
R-19 5-15 14.9 10.6 158
R-20 5-15 13.6 12.0 164
R-21 5-15 10.0 12.0 120
R-22 5-15 10.8 13.5 146
R-23 5-15 13.7 15.0 205
R-24 15-25 5.0 10.0 50
R-25 15-25 7.4 10.0 74
R-26* 15-25 13.3 4.5 60
,- R-27* 25+ 8.9 4.5 40
.
R-2B* 2S+ 6.1 £.5 27
'1'O'1'AL 412.4 &e 2774 du
*Intarim Designation
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"--.--.--..----.-----.--.---..-.-. -----. ..---.---...--------.....,
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BastLake Greens site utilization P~an
Proposed Reaidential Land Use statistiCIE
Parcel Density Acres '1'arc¡et '1'arc¡et Xncrease(+)
Humber Ranaa Densitv units Dec::rea_êl-\
R-l 0-5 19.7 2.7 54 0
R-2 0-5 14.7 2.7 40 0
R-3 0-5 21.8 4.7 102 +19
R-4 0-5 24.0 4.3 104 0
R-5 0-5 23.0 4.6 105 0
R-6 5-15 17.4 5.1 88 0
R-7 5-15 10.7 5.6 60 -5
R-8 5-15 16.4 5.9 96 0
R-9* 5-15 8.5 5.3 45 0
R-l0 5-15 45.4 5.4 246 +79
R-11 5-15 14.6 6.0 87 -5
R-12 5-15 14.3 6.5 93 0
R-13 5-15 22.6 6.3 142 0
R-14 5-15 11.4 7.4 86 +2
R-15 5-15 11.6 6.5 65 -23
R-16 5-15 10.5 7.9 83 0
R-17 5-15 '29.7 7.2 214 0
R-18 5-15 9.9 8.8 87 0
R-19 5-15 14.9 10.6 158 0
R-20 5-15 15.7 9.2 153 +11
R-21 5-15 10.0 12.0 120 0
R-22 5-15 10.8 13.1 141 -5
R-23 5-15 15.8 13.5 214 +9
R-24 5-15 5.0 10.0 46 -4
R-25 5-15 7.4 10.0 78 +4
R-26* 5-15 13.3 4.5 60- 0
R-27 0-5 8.9 4.9 44 +4
R-28 6-15 6.1 9.R" ftO +~~
'1'O'1'AL 434.1 ac 6.6 2871 du +n
.InterlJR Designation: parcel subject to future SPA Amendment
to be consistent with the General Plan.
1-11-94 ~ /J~ / g/
-.
R-20: This parcel is expanded by a 2.] acre triangle adjacent to the
SDG&E casement. The new area is computed at the mid-point of
the Low-Medium density range (4.S dulac). A reduction is proposed
for the parcel as a whole to reflcct current planning/markcting.
R-23: This parcel is identical to the changes for R-20, except that
no decrease in the density is proposed. A net increase of 9 units are
proposed for this 2.1 acre addition to the SPA,
A total increase of 22.7 acres and 97 du are included in these, three parcels.
Description of Densitv Transfers
This amendment includes density transfers within the existing SPA boundary to reflcct
current planninglmarketing. These changes do not increase the number of units (2774 du)
previously adopted. Following is a summary of the density transfers, Refer also to Table
2 for a composite of both density transfers and additions resulting from the additional Land
Swap Areas.
Parcel Number DU Increase DU Decrease
R-3 +19
R-7 -S
R-ll -S
R-14 +2
R-IS -23
R·20 -20
R·22 -S
R·24 -4
R·2S +4
R-27 +4
R-28 ill -
TOTAL +62 -62
Descriotion of Assessment District Work
The gencra1 description of work to be funded by Assessment District 94-] conSists of the
following:
1. Street improvements consisting of grading, base, paving, gutter, sidewalk, street
lighting and landscaping within the following rights-of-way:
a. South Oreensvicw Drive from Clubhouse Drive to Unit 6 entrance (2,400
L.F., Phase ]).
b. South Greensview Drive from Silvcrado Drive to Hunte Parkway (3,400
L.F., Phase 2).
c. South Oreensview Drive from Unit 6 entrance to Silvcrado Drive (] ,920
L.F., Phase 3). -1> J~ //-//9
WPC F:\IIONE\fL\IININI736,94 Plae3
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2. Utilities and underground improvements consisting of potable water facilities, stonn
drain facilities, sewer facilities, reclaimed water facilities, electric facilities,
telephone facilities, gas facilities, television facilities as appropriate by applicable
state and federal statutes within the following rights-of-way:
a. South Greensview Drive ftom Clubhouse Drive to Unit 6 entrance (2,400
L.F., Phase 1).
b. South GreensŸiew Drive ftom Silverado Drive to Hunte Parkway (3,400
L.F., Phase 2).
c. South Greensview Drive ftom Unit 6 entrance to Silverado Drive (1,920
L.F., Phase 3).
3. DIF funded street improvements consisting of grading, stonn drain, base, paving,
curb, gutter, sidewalk, medians, street lighting, landscaping and street
monumentation within the following rights-of-way:
a. Hunte Parkway ftom Clubhouse Drive to South Greensview Drive (2,300
L.F., Phase 2).
4. DIF funded street and underground improvements consisting of grading, and stonn
drain improvements within the following rights-of-way:
a. Hunte Parkway ftom South Greensview to Orange Avenue (1,270 L.F.,
Phase 2).
b. Orange Avenue from Hunte Parkway to the SDG&E easement (3,500 L.F"
Phase 2).
Discretionarv Actions Associated (but not limited to) the Proiect Area
1. General Development Plan Amendment
2. Sectional Area Plan (SPA) Amendment
3. Modification to the Eastlake Greens Site Utilization Plan
4. Establishment of District 94·1
S. Annexation
6. Tentative Subdivision Map
7. Design Review
.
C. Comnatibilitv with Zonin2 and Plans
The project is consistent with the overall General Plan, The project involves an
lI1Iendment to the more specific land use regulations of the Eastlake Greens General
Development Plan (GDP) and Sectional Planning Area Plan (SPA),
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached
Environmental Checklist Fonn) detcnnined that the proposed project coul? have one or
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WPC f:IHOME\PLANNINOII736.9( //--0<0 Page 4
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morc significant environmental effects. Subsequent revisions in the project design and/or
specific mitigation measures will be implemented to reduce these effects to a level below
significant With project revisions and/or mitigation, no significant environmental effects
will occur, and the preparation of an Environmental Impact Report will not be required.
This Mitigated Negative Declaration has been prepared in ICCOJ'dance with Section 15070
of the State CEQA Guidelines. Specific mitigation measures arc set forth in the Mitigation
Monitoring Program which is attached as Attachment "A".
The following impacts arc those that were detennined to be potentially significant and arc
required to be mitigated to a level below significant A discussion of each of these
potentially significant but mitigatable impacts from the proposed project follows.
Acoustics
The Initial Study has noted that traffic volume on roadways in and adjacent to the project
site could increase ambient noise to an unacceptable level.
E. Mitillation necessarv to avoid sÌlmificant effects
Specific project mitigation measures arc required to reduce potentially significant
environmental impacts identified in the initial study for this project to a level below
significant.Mitigation measures have been incorporated into the project design and have
been made conditions of project approval, as well as requirements of the attached
Mitigation Monitoring Program (Attachment "A").
At the time of consideration of a Tentative Subdivision Map or Design Review
Supplemental Acoustical reports will be prepared for projects adjacent to Chula Vista
General Plan Circulation Element Roadways. At that time the precise elevation of
roadways and residential development pads will be available, With this infonnation, it will
be feasible to make an accurate forecast of noise levels and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 65 exterior clBA (CNEL).
These acoustical reports must be based on the latest buildout traffic forecast and must
validate the achievement of the 6S exterior clBA (CNEL) standard.
F. Consultation
1. Individuals and Onzanizations
City of Chula Vista: Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building & Housing
Carol Gave, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks & Recreation Dept
Rich Rudolf, Assistant City Attomey
;&---I //--...2)
WPC f:'iIIINI!\I'LAN1736.!14 PI¡e 5
--~. ----~~...._._--, .._._-----_.._._...,.~.. . .._,--_._-,._--~. --.--.--.
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Gary Cinti
Cinti Land Planning
3625 Midway Dr" #292
San Diego, CA 92110
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Chula Vista Municipal Code
Letter dated February 9, 1994 from Bruce Sloan, Sr. Project Manager,
EastLakeDevelopment Co. regarding sewage generation in sewage basins,
improvements and fmancing
Letter dated February 7, 1994, Dennis C. Bowling, Director Water Resources
Division, Rick Engineering Co., regarding the adequacy of drainage systems
Letter dated February 18, 1994, Andy Schlaefli, Vice President Urban Systems
Associates, Inc. regarding the adequacy of the Transportation Circulation System
3. Initial Study
This environmental detennination is based on the attached Initial Study as well as
any comments on the Initial Study and this Mitigated Negative Declaration, and
reflects the independent judgement of the City of Chula Vista. Further infonnation
regarding the environmental review of the project is available from the Chula Vista
Planning Deparbnent, 276 Fourth Avenue, Chula Vista, CA 91910.
~#@?:,I
ENVIRO TAL REVIEW COORDINATOR
EN 6 (Rev. 5193)
~/)-02~
WPC F:\IIONE\PLANNINCJ\I736.94 Page 6
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Attachment A
MITIGATION MONITORING PROGRAM
MITIGA.TION MEASURE
At the time of Consideration of a Tentative Subdivision Map or
Design Review Supplemental Acoustical Reports will be prepared
for projects adjacent to Chula Vista General Plan Circulation
Element Roadways. At that time, the precise elevation of
roadways and residential development pads will be available.
With this information, it will be feasible to make an accurate
forecast of noise levels and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 65
exterior dBA (CNEL) standard.
MONITORING REOUIREMENT
Prior to granting a tentative subdivision map or design review
approval, a noise study forecasting noise levels and the
appropriate measures necessary to reduce noise levels to an
acceptable exterior 65 dBA CNEL is required.
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mA OF DENSnv TRANSFER
. ADDED TO SPA BOUNDARY
CHULA VIST A PLANNING DEPARTMENT
(!) APPLICANT: Eastlake Development Co. PROJECT OESCRIPTION:
EASTLAKE GREENS
ADDRESS: 900 LaDe Avenue General Development Plan Amendment
SCALE: FILE NUMBER: and SPA Amendmentj t/
NORTH NO SCALE 18-94-19 :D--t-ö ) -:<
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APPENDIX I Case No. 15·94-19
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By Lead Agency)
Bac:kp'ound
1. Name of Proponent: 1:Actlake Deve100ment Co,
2. Address and Phone Number of Proponent: ~ Lane Ave.. Suite 100.
OIuIa Vista. CA 91913
3. Date of Ch....l-1i<t: Fcbruarv 24. 1994
4. Name of Proposal: Eastlake Greens GDPlSPA Amendment
S. Initial Study Number: 15·94-19
Environmental Impacts
1. Earth. Will the proposal result in: m. MAYBE 1iQ
a. Unstable earth conditions or changes in
geologic substructures? D D .
b. Disroptions. displacements. compaction or
ovcrcovering of the soil? D · D
c. OIan~int~~~yor~~dwñ~
relicf featureS? D · D
d. The destruction, covering or modification
of any wûquc geologic or physical features? D D .
e. Any increase in wind or water erosion of
solls. either on or off the site? D · D
f. OIanges in deposition or erosion of beach
sands. or changes in siltation. cIcposition
or erosion which may modify the channel of
a liver or stream or the bed of the ocean or
any bay. inlet or lake? D D .
I· Exposure of people or J'lopert'y to pologic
hazards such as earthquakes. landsli"oes. mud
11idcs. growtd failure. or similar hazards? D D .
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Comments:
The project is proposed for an urbanizing IJe8 of eastern Q¡uIa Vista. The.œ have no finding
of significant problems in the areas of geology soils or erosion. Generalized and more
specific substantiation of the geotechnical and soil suitabi1ity of the project site is in the City
of OIuIa Vista General Plan FEIR (1989). EastLakc FEIR (1982), EastLakc SPA I FEIR
(1985), EastIake Greens SPA" EastLake Trails Prezone" Annexation PSEIR (1989). and
Otay Ranch PPEIR (1993), and other more sPecific geo1ogical and soils mports OÐ fi1e with
the City of ChuIa Vista Public Wmb Department, Engineering Division.
Tbcrc will be some modification of existing topography, however, this is considered very
minor and not significant given the lack of any significant topographic features.
2. Air, Will the proposal result in: m. ){A YBE J:!Q
a. Substantial air emissions or deterioration
of ambient air quality? [] [] ·
b. The c:rcation of objectionable odors? [] [] ·
c. Alteration of air movement, moisture, or
temperature. or any change in climate. ,
either locally or regionally? [] [] ·
Comments:
The San Diego air basin is a non-attainment air basin, The proposed project would
result in an increase of 79 units within the Eastlake Gtecns SPA, The emissions from
the traffic and energy generation associated with this project is not significant when
considering the overall generation of emissions. On a cumulative basis, the emissions
from this project are so nùnimal they are not cumulatively significanL
3. Water. Will the Proposal result in: m){A YBE J:!Q
a. Changes in currents, or the course or
diæction of water movements, in either
marine or fresh waters? [] [] ·
b. OIanges in absOIptÏon rates. drainage
patterns. or the rate and amount of
surface nmoffl [] . D
c. Alterations to the course or flow or
flood waters? [] [] ·
d. Change in 1hc amount of surface water
in any water body? [] [] ·
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WI'C~(N- //~d-~
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, e. Discharge into surface waters. or any
alteration of surface water quality,
including but not limited to temperature.
dissolved oxygen or twbidity? C C ·
f. Alteration of the direction or late of
flow of ground waters? C C ·
I· Clange in the quantity of grow1d waters.
either through cfuect IIddídons or
withdrawals. or through interception of
an aquifer by cuts or excavations? C C ·
h. Substantial reduction in the amount of
water otherwise available for public
water supplies? C C ·
i. Exposure of people or property to water
œlated hazards such as flooding or
tidal waves? C C ·
Comments:
The project site" and vicinity do not involve any affected marine or fresh water areas. flood
waters, water bodies. or known ground water. There will be a minor change in absorption
rate which will result in minor-less-than·significant change in nmoff (see letter from Dennis
C. Bowling dated 2f7/94).
4. Plant Life. Will the proposal result in: m þiA YBE .1fQ
L Change in the diversity of species. or
number of any species of plants (including
trees. shrubs. grass. crops. and aquatic
plants)? C C ·
b. Reduction of the numbers of any unique.
rare or endangered species of plants? C C ·
c. Introduction of new species of plants into
into an area, or in a barrier to the nonnal
replenishment of existing specks? C C ·
d. Reduction in acreqe of any agricu1tura1
crop? C C ·
Comments: ~
The project site has been used for agricu1tura1 purposes for decades and portions arc now
graded and some areas have been developed (transfer area). This senera1 area is used as ,I
Raptor teIrltory, however. with only a 22.7 acre increase in SPA e. this is not significant.
1WC~CN~ tr==T3 //~;J? PI¡e 9
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S. ADimal Life. Will the proposal teSult in: ~ MAYBE .lill
L Change in the diversity of species. or
numbers óf any species of animals (birds.
land animals including reptües. fish and
shc1lfish. benthic organisms or insects)? C C ·
b. Reduction of the numbers of any unique.
nre or endangered species of animals? D C ·
e. Introduction of new species of animals
into an area, or result in a barrier to
1he migration or movement of animals? C D ·
d. Deterioration to existing fish or wildUfe
habitat? D C ·
Conunents:
The project site has been used for agricultural purposes for decades and portions are now
graded and some areas have been developed (transfer area). This general area is used as
Raptortcrritol)'. however, with only a 22,7 acre increase in SPA size. this is not significanL
6. Noise. Will the proposal result in: m. MAYBE m
L Increases in existing noise levels? C C .
b. Exposure of people to severe noise
levels? C . C
Comments:
Traffic volumes on roadways in and adjacent to the project site could inaease ambient
noise to an W\acceptable level, At the time of consideration of a Tmtative
Subdivision Map or Design Review, supplemental acoustical reports will be prepared
for projects adjacent to Q¡ula Vista General Plan Circulation Element Roadways. At
that time the pm:ise elevation of roadways and residential development pads. With
this information it will be feasible to make an accurate forecast of noise levels and
the aJ'l"v}'liatc mitigation measures necessary to !educe noise levels and the
1p}"Vl"dtc mitigation measures ncœssary to reduce noise levels to an acceptable 6S
exterior dBA (CNEL). These acoustical1'eports must be based on the latest buildout
traffic forecast and must validate the achievement of the 6S exterior dBA (CNEL)
. Itandard.
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7. Upt aDd Glare. Will the proposal produce m. MAYBE 1m.
DeW light or glare7 C C .
Comments:
'Ibis is primarily . residential project that wID not produce any ~t new light or aWe.
If there arc II1Y unique sources proposed or established, they will beægu1atcd through the
ped'ormance ItII1dards in d1e Municipal Code.
8. Land Use. Will the proposal result in a m. MAYBE 1m.
substantiall1teration of the prcsctIt or
planned land use of an area7 C C .
Comments:
The plOposed project is in a planned community w1ùch is internally consistent that
assures land use compatibility. The project expansion areas arc within logical
boundaries (the SDG&E transmission Jines II1d East Orange Avenue), The overall
external compatibility has been assured through coordination with the adjacent Otay
Ranch, Otay Water District facilities II1d SR 115 a1ignmenL
9. Natural Resources. Will the proposal æsu1t in: m. MAYBE 1m
a. Increase in the rate of use of any natural
resources7 C C ·
Comments:
There arc no other natural æso1D'CCS such as sand and gravel on site which would be
impacted by the proposed project.
10. Risk or UpseL Will the proposal involve: m tdA YBE l:iQ
a. A risk of 111 explosion or the release of
hazardous substances (including, but not
limited to oil. pesticides, chemicals or
radiation) in the event of an accident or
upset conditions7 C C ·
b. Possible inbCerence with 111 em.aj.....:y
response plan or an er--&tt\CY evacuation
plan7 C C ·
Comments:
GiWII the residential charIcter of the project theæ will be DO involvement of hazardous
IDIIeria1s above that typical of . midenrlAl land use. The project will provide adequate
circulation in the case of the Deed for an eVfl"··rinn or response plan.
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11. Population, Will the proposal alter the location m MAYBE m
distribution. density. or growth rate of the human
populalion or an area? [] [] .
Comments:
The distribution. density and growth of housing and populalion in this project are consistent
with planning for this area.
12. Housina. Will the proposal affect existing m MAYBE m
housing. or awe a demand for additional
housing? [] [] .
Comments:
The distribution. density and growth of housing and population in this project are consistent
with planning for this area. The project will satisfy rather than awe housing demands in
this area.
13. Transportation/Circulation. Will the proposal result in: m MAYBE m
a. Generation of substantial additional
vehicular movement? [] [] ·
b. Effects on existing parking facilities.
or demand for new parking? [] [] ·
c. Substantial impact upon existing
transportation systems? [] [] ·
d. Alterations to present patterns of
circulalion or movement of people
and/or goods? [] [] ·
e. Alterations to waterborne. rail or air
traffic? [] [] ·
f. Increase in traffic hazards to motor
vehicles. bicyclists or pedestrians? [] [] ·
g, A "large project" under the Congestion
Management Program? (An equivalent of
2400 or more average cIaily vehicle trips
or 200 or more peak-hour vehicle ttips). [] [] ·
Comments:
The project will not result in any significant impact to tranSpOrt8rion/circu1ation/traffiC (see
memo from Harold Rosenberg. Traffic Engineer. dated 2121194. and \eIter from Andy
Schlaefli. Vice President, Urban SystemS Associates. dated 2I18194), j
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14. Public: Services. Will the proposal have an effect upon or JeSuIt in a DCCd for new or altered
lovemmental services in any of the following areas:
m. MAYBE m
L Fire p.otec:tion? See page 6 of Appendix m of the D D ·
Initial Study (City Data Sheet-rue Dept.) and
16 'I'1uesholds L Pirc/EMS below.
b. Police proIection? See comments in Clula Vista Police
Dept. Crime ~vention Unit, Plan Review œcommenclation
dated '1J4194 and 16 'I'1uesholds b. D D ·
c. Schools? EastLa1œ Development Co. has made the Eastlake
projects participate in Community Facilities Districts
in the Sweetwater Union High School District, and the
Clula Vista Elementary School District to provide adequate
school services in the area. [] D ·
d. Parks or other recreational facilities?
The project will be required to provide adequate
community and neighborhood parks to serve the
population of the project. See Initial Study.
Appendix m. Parks &. Recreation Dept., page 7.
Also see 19 Recreation below. [] D ·
e. Libraries? The City of Clula Vista currently operates
a library at the campus of the Eastlake High School
during the hours the school library is not in operation.
On a longer term basis. thcte is a requirement for a library
site at Eastlake Village and a development impact fee to
finance the facility. D D ·
f. Maintenance of public facilities, including
roads? There will be no substantial or unique impact on
the maintenancc of m public facility as a JeSuh of the
minimal increase in usage due to this project. D D ·
I· Other SOvemmentallerVices? Other lovemmental agencies
were notified and contacted during the Initial Study;
110 other potential impacts were identified. D D ·
!S. EDer¡)'. Will the proposal JeSuh in: m&IU m
L Use of substantial amount of fuel or
energy? [] D ·
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b. Substantial increas~ in demand upon
existing S01I1'CCS or energy, or require
the dev~lopment of n~w sources of
energy? [J [J .
Comments:
The project would JeSUlt in a minor increase in energy requirements typical of a
priInarily residential project. This will not result in a substantial use of fuel or energy
nor new SOUICCS of energy.
16. Thresholds. Will the proposal advers~ly impact m ~YBE ~
the City's Threshold Standanis? [J [J .
.
Comments:
As described below, th~ proposed project does not adversely impact any of the seven
Threshold Standanis.
A. FirelEMS
The Threshold Standanis requires that fire and medical units must be able to respond
to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in
75% of th~ cases, The City of Cbula Vista has indicated that this threshold standard
will be met, since th~ nearest fire station is one mile away and would be associated
with a 3 minute response time. The proposed project will comply with this Threshold
Standard,
See Appendix m to th~ Initial Study, pag~ #6.
B. Police
The Threshold Standards require that police units must respond to 84% of Priority I
calls within 7 minutes or less and maintain an avcrag~ respons~ time to all Priority
1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls
within 7 minutes or less and maintain an av~rage response time to all Priority 2 calls
of 7 minutes or less. The proposed project will comply with this Threshold Standard,
See comments in Cbula Vista Police Deputuat Crime l'ævention Unit, Plan Review
Recommendation dated 214/94.
C. Traffic
Tbc Threshold Standards require that all intersections must opcrIdC It . Level of
Service (LOS) "C" or better, with the ~xception that Level of Service (LOS) "D" may
occur during the peak two hours of the day It signalized intmcctions. Intersections
west of I-BOS are not to opmtc at a LOS below their 1987 LOS. No intmcction
may reach LOS "E" or 7' during the average weekday peak hour. Intersections of
arterials with freeway ramps are exempted from this Standard. The proposed project
will comply with this Threshold Standard.
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~~IN736.90 ~ P.14
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The project will not rcsWt in any significant impact to transportation/ciJcu1ation/tra
(see memo from Harold Rosenberg, Traffic Engineer, cIatcd '1/21194, and Jetter from
Andy SchIaefli, Vice President, Urban Systems As""'¡-., cIatcd 2118194).
D. PaJb/Remation
The Threshold Standard for Parla IDd Recreation is 3 EæS/l.ooo population. The
proposed project will comply with this Threshold Standard.
The project will be m¡uiIed to provide lldequate community
and ncighbOIbood parks to serve the popuJation of the project.
E. Drainage
The Threshold Standards m¡uirc that storm water flows IDd voln..- not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with the Drainage Master Planes) and City Engineering .Standards. The
proposed project will comply with thisTbrcshold Standard,
See letter from Dennis C. Bowling. Director Water Resources Division,m Rick
Engineering. elated 2fl194.; memo from Roger Daoust, Sr. Civil Engineer, dated
2fl3194,
F. Sewer
The Threshold Standards ¡equirc that sewage flows IlId volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Planes) and City Engineering Standards. The proposed
project will comply with this Threshold Standard.
See letter from Bruce Sloan, Sr. Project Manager, Eastlakc Development Co., dated
219/94; memo from Roger Daoust, Sr. Civil Engineer, cIatcd 2fl3194.
G. Water
The Threshold Standards ¡equirc that Idequate storage, treatment, IIId transmission
f8ci1ities lIe COI\S1I'I1CtCd concmrently with planned ¡rowth and that water quality
Itandards lIe not jeopardized during growth and construcdon. The I"upuoo;d project
will comply with this Threshold Standard.
Applicants may also be m¡uiIed to participate in whatever water conservllÏOII or fee
off-lCt program the City of Qm1a Vista bas in effect lit die time of IIuiJdin¡ permit
iIsuance.
17. HulDlUl Health. Will the proposal result in: m. MAYBE 1m
L Clution of any health hazard or potential ;
IIealth hazard (excluding mental bea1th? / / - J..3 c c . I
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b. Exposure of people to potential health
bazards? [] [] .
Comments:
The project site nor the operation of the project would result in IIIIY significant health hazard
or 11II exposure to such a hazard. Please tefer to mcrences in .1 above.
18. Aesthetics. Will the proposal result in: m. MAYBE lill
L The obstruction of IIIIY scenic vista or view
open to the public. or will the proposal
result in the creation of 11II aesthetically
offensive site open to public view? [] [] .
b. The destruction. or modification of a scenic route? [] [] .
Comments:
The project will not obstruct IIIIY public view or vistas. a'Cate IIIIY demonstrable negative
aesthetic effect or. at this level of review. impact a scenic route.
19. Recreation. Will the proposal result in 11II m. MAYBE 1m.
impact upon the quality or quantity of existing
recreational opportWÙties? [] [] .
Comments:
The project will be required to meet the recreational needs of its residents in accordance with
City park standards which include recreational facility standards,
20, Cultural Resources. m. MAYBE 1m.
L Will the proposal result in the alteration
of or the destrUction or a prehistoric or
historic archaeological site? [] [] ·
b. Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic buÜding, structure.
or object? D [] ·
c. Does the plOposal have the potential to
cause a physical change which would
affect unique ethnic cuhura1 values? [] [] ·
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area? [] [] · .
WI'C~G\I'736.M ~ //-;1;/ Poae 16
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e. Is the area identified on the City's
. General Plan EIR IS an area of high
potential for archeological resources? D D .
Comments:
See Section 5.2.3 (pg. 5-3) of EIR.,86-4 (Sch: 86052803).
21. PaleonCOlo¡lcal Resources. Will the proposal result in the .m. MAYBE 1iQ
alteration of or the destruction of pa1eont~ogical D D .
RSOurces?
Coøunents:
See Section 4.7 (pg. 4-75) of EIR-86-4 (Sch: 860522803).
22. Mandatory Findinp or Si¡nificance. m MAYBE ~
L Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species. cause
. fish or wildlife population to drop below self
IUStaining levels, t1ueaten to eliminate a plant
or animal community. reduce the number or
œstrict the range of a rare or endangered plant
animal or eliminate important examples or the
major periods of California history or prehistory? D D .
Coøunents:
As has been noted above in this c:hccklist, the site is void of any biological resources and
therefore, would have no significant impact on any of these resources, Cultural resources
(prehistoric and historic) have been previously miûgated and no further action is ncccsS8ry.
b. Docs the project have the potential to achieve
short-tenn goals to the disadvantage of long-
tenn, environmental goals? (A short-term
impact on the environment is one which occurs in
. relatively lxie!. definitive period of time.
while long-term impacts will endure well into the
future.) D D .
~ts:
The proposed project conform to the QuIa Vista General Plan and thcnfare. die JIIOject
complies with the long tenn goals of the City of QuIa Vista far the lite.
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c. Does the project have impacts which lIe
Úldividually limited. but cumulatively
cœsidcrable? (A project may impact two or
more separate resources where the impact on
each resource is relatively small, but where the
effect of the total of those impacts on the
environment is significant.) D D .
CUllllllents:
Tbc project impacts lIe 10 limited to preclude any significant c::umu1ative impact. In the case
of air quality impacts. the increase of 97 units. or a maximum of 970 ADT. compared to the
existing. and approved wùts and ADT. the impact is minimal and less than significant. Also,
the site is void of any significant biological or cubural resources and paleontological resources
will be fully mitigated. .
d. Does the project have environmental effects
wlúch will cause substantial adverse effects on
human beings, either directly or indirectly? D D .
Comments:
At the time of consideration of a Tentative Subdivision Map or Design Review, supplemental
acoustical reports will be prepared for" projects adjacent to Chula Vista General Plan
CiIculation Element Roadways. At that time the precise elevation of roadways and residential
development pads. With this information it will be feasible to make an accurate forecast of
noise levels and the appropriate mitigation measures necessary to reduce noise Jcvels and the
appropriate mitigation measures necessary to reduce noise Jcvels to an acceptable 6S exterior
dBA (CNEL). These acoustical reports must be based on the latest buildout traffic forecast
and must validate the achievement of the 6S exterior dBA (CNEL) standard,
~ )/-:1 &
""18
WI'C~CN-
Mitiption Measures
(To be completed by the Applicant)
1. IS owner/owner in escrow "
&ùr.f N. SI...O¡l /IJ
SR. "f'~()':t AkIf EA5:rt ~¡d -:DEl/ l4"
Prlot _
or
1. cœsu1tant or agent"
~.._-_.."...__.
Z /Z~ /If'f
Signature Date
Determination
(To be completed by the Lead Agency. Cleek one box only,)
On the basis of this initial evaluation:
D I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
. I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case beeP""" the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared,
D I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is œquircd.
*-I~clC:¡V
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.
Envuonmcntal ReVlCW ator . Date
"If IdÏDI for I corporation. include capacity and company name.
~ /)-J 7 Pace 19
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Case No. -:r-5;- q 4 - \'1
APPENDIX n
DE MINIMIS FEE DETERMINATION
(Ciapter 1706. StatUteS of 1990 - AD 3158)
. It is hereby found that 1his project involves no potential for lilY adverse effect, either
individually or cumulatively em wild1ifc resoun:es II1d that a "Certificate of Fee
Exemptiem" shall be prepaml for this project.
It is hereby found that 1his project could potentially impact wiJd1ife. individually or
cumulatively and therefore fee in accordance with Section 711,4 (d) of the FISh and
Game Code shall be paid to the County Clerk. ~e-t!'~ ~e ~,d
~e,;)'ws.~ ~~"'~... ~ \ ~ ~CI' ~14.~ G--~
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...,e rt.;./(-fCd)~) ó/þ6"/r:¡ V
Environmental Revi w Coordinator Date
wpc~G\I73694 y~ /1-JsY Poae:W
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. Cue No. I&-q..¡.. ~
APPENDIX UI
CITY DATA SHEET
P.LANmNGDEPARTMENT
L pmetlt Zoninl! OIISitc: ---.:J? c.. ceJ-..Ur- - "":'~
Nonh . .,
. South h
. I.
East " .,
West ~ "
Does die project conform to die cumm zonin¡'--t:: ... ~. ~. .
D. ~ ...., ~y~ ~~~
~lInduse~:~~~it~ ~-2::~;:~.~=~ ~~~-~.~3~~S
South
East .;ù.w- ~.,tI.. _1.'_~"'1I""'.A-7-J. ,a-(. t)v~)
West ¡¡!:¡;; :!l 'I I, It
;fJ,~ v, ~~
Is the project comparible with the General Plan Land Use D~' --S ~ -
Is the project area designated for conservation or open space or idiacent to an 8I'U 10 designated?
~--
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Is the project locarcd idjacent to lilY scenic routes' - I.. ")-
(If.... ~ .... ... · ......... ... ""'" .....,. of"
m. ;. . 5:~~~;~'~I~J~,,-
~~o~s .
If the proposed project is residential. p1ease complete the foUDWÏn¡:
StudeDIS
. thIIts 0IIIeraIiIIa Generated
JFhoDl CaD.cltv BnrOtlment ~.__....J1 F_ ,From Prolect
,_,"')' ~J..J*'t!;' - - ~7 .JO ~.,
Jaior Hi¡h ~aI";~ ." .29 ~~
IIaIor Hip ~tJ. L- "7 . .10 .0
IV. ':i'!:;;~7:¡'~~!Ï~-J~ ~~~t1J4 !,.,~~_.JI
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Dftctor of ~¡ or ~scn~ve D t
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APPUCA TION CANNOT BE ACCEPTED UNLESS SITE l~.~~~
PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER
~JtèêeipfN ..,. \~~..
: ..··..0,·· ...
INITIAL STUDY Dà1eReê·d.,..' .. .
.~j
City of ChuIa Vista
Application Fonn
BACKGROUND .
A.
Project Title Eastlake Greens GDP /SPA Amendment >:~. 'c.: ..: ,:';." .':".. . ......,.,..:;,: ~:"': ,"
1. . ~:"~':,:~'" ..,....;~. :'-,,:.::v,{::/ < "':(';: ,<; ";"{ ',", ,.,<,"::,
2. . Project Location (Street IIddress or dcscription)East of SR- 125, North of,
Orange Ave, South of otay Lakes Rd./ Telegraph Canyon Rd.,
. and West of Hunte Parkway.
Assessors Book. Page &. Parcel No. NA
3. Brief Project Descripûon The project is a transfer of D.C. within the
existing Eastlake Greens SPA (no net increase) and, an expans~on gf
the SPA boundary (22.7 ac and 97 du).Refer to attached Project Descril
4. Name of Applicant Eastlake Development Company
Address 900 Lane Ave., Ste. 100 Fax# 421-:,1830 Phone 421 -01 27
. City Chula Vista, Swc CA Zip 91913
5. Name of Prcparer/Agent Gary Cinti - Cinti Land Planning
Address 3625 Midway Dr., '292 Paxt 223-5108 Phone 223-7408 .
City San Diego State CA Zip 921,.0
. Relation to Applicant Land planning Consultant
6. Indicate all pcnnits or approvals and enclosures or documents m¡uired by the Environmental
Review Coordinator,
a. Pennits or approvals m¡uired.
_ General Plan Amendment )( Design Review Application ___ SpecifIC Plan
.x.. RezoœIPrezone X Tentative Subel. Map . . . ConditiOllll Use Permit
- .
_ Orading Pamit _ Redevelopment Agency OPA _ VariaDce
~ Tenlatiyc Plrœl Map _ Redevelopment Agency DDA _ Coastal DevcJOrmcnt
_ Site Plan 4: Arch. Review --,l'IIblic Project ~ OIlIer Permit &'tiP
, ___ SpecW Use Permit +- Anneution SA'
If project is a Gcnual Plan AmcncSment and/or œzone, please indicate the chanF in clesi¡nation from
to .
b. Enclosures or documents (as m¡uired by the Environmental Review CooIdinator).
. . . .
_ Grading Plan _ Arch. Elevatioos _ Hydrolosical Study
_1'Irce1 Map . Landscape Plans Biological Study
. _ Precise Plan = Tentative Subel. . Map = Arcbaeological Study
_ Specific Plan _Improvement Plans )). tj t1 _ Noise Ass nment
_ Traffic Impact Report _ Soils Report - _ OIlIer Agency Permit
_ Hazardous Waste Assessment _Gcotcchnical Report ~ -X-OIber project Des,?ripti
.. - ~. -.-. - - -_.
.
B. PROPOSED PROJECT
1. Land Area: square footage 161.4 (amend. area)
a. or aacage 851.2 (SPA area)
If land area to be dedicated. sWe acreage aJ:Id PwJJose.
b. Docs die project involve rbe COIIStIUCÛOII of neW buildings. or wU1 existing strudurc be
."i1i7<'ð? Yes, see Project Description.
2- Complete dús section. Ü project is residential or mixed use.
. . Type of dcve1op~ Single PlIIÙly __Two FlIIÙly ~Mu1ti Pamily
L
_ Townhouse _ Condominium .
b. Total number of structures 2871 residential du permittted
c. Maximum height ofltl'UCCUrl:S varies per P.C. District Regulations
d. Number of Units: 1 bedroom .JiA..
2 bedroom .JiA..
3 bedroom ' .JiA.. .
.. bedroom .JiA..
Total Units ¡ ,ll
Co 0nIss density (DU/total aaes) 3..
f. Net density (DUltotalaaes minUs any decfi...tion) 6.6
g. £r¡",.ted project population to be determined
h. EsdmIted saJc or rental price l'lllge to be determined
to be determined ,.
i. Square footage of structure
. j. Percent of lot covenge by buildings or stnx:tures per P.C: Regulations
Jc. Number ofOlHÙc paddn¡ IpICeS to be provided per P.C. Regulations
L Perœnt of $Ítc in roadanct Paved surface 1:0 be determined
)II( Complete this section ü project is commercial or indu.~al or mixed use.
L Typc(s) of land use
b. f'Joor ~ HeJ¡ht of lU\JCtIIIeS(s)
Co Type of construction used jn die ICruCtIDe
.
. d. Describe ~ ICCeSS points 10 die stnx:tures and die orientItiOllIO 8djoinin¡ propetties
. aDd streets
. .
Co Number of on-sitc parking spica provided
f. Estimated tlUmber of employeespcr shift
Number or shifts . Total f
g. Estimated number of c:ustOtnell (per clay) and basis of estimate
.. .. '. .
~I. /) - iJ/
-.-.....--
--- ~. .'
. .
h. Estimated number of deliveries per day
i Estimated range of service area and basis of estimate
j~ Type/extent.of operations Dot in enclosed buildings
.k. Hours of operation
.
L Type of exterior lighting
~ . ,If project is pther than lC$idcntia1, c:ommcrcial or industrial complete this section.
, .. Type of project
. ..
. .
b. Type of facilities provided
Co Square feet of enclosed structures .
cL Height of sttucture(s) - Dwåmum
Co Ultimate occupancy load of project
f. Number of on-site parking spaces to be provided
S. Square feet of road and paved surfaces
h. AdditionaJ Jlf?ject characteristics
.
.,
C. PROJECT CHARACTERISTICS
1. Will the project be required to obtain . permit through the Air PoDution Control District (~)?
No.
.'
2. Is any type of grading or excavation of the propcny anticipated? Yes, based on future .
If . I the fi D . . . sublll1ttaJ.s.
yes, comp de. 0 OWIng:
.. Excluding trenches to be backfined. how many.cubic yards of CIII'th wDl be excavated?
NA .
b. How many cubic yards of fiD will'be placed? NA
Co· How much area (sq. It. or aaes) will be ¡raded? NA
cL What wiD be the: ~um depth or cut NA .
. . Average depth.of cut NA
Maximum,dcpth of fiD NA
Average depth of fiD NA
.
~ J/-4;l~
·1IiI'OP.\I--"I.AI"M\NCNI~02I""'U (W. I_a) (W. I_a) . Pçc3
. ,
3. Dcsaibe'all energy consuming devices which are part of the proposed project and the type of
energy used (air conditioning. c1earic:al appliance, beating equipment, etc.)
Nnrma1 ~ARidential enerav use.
4. ~ic. die amount of Datural open .pace dIat is part of he .project (sq. ft. or acres)
. None.
. .
5., If the project will ~ in any employment opportunities descnëe Ihe nature and type of these
· jobs. Construction related 'jobs.
· .
.
.
6- Will highly flammable or poccntia1ly explosive materials or substances -be used or stored within
, '
the project site? NA
7. How many estimated automobile trips, per day, will be generated by die project? None in
excess of those addressed in previous'EIR.
.
II. Describe Cd any) off-siteimprovemaus neCesSBI)' 10 imp~t die project, and dleir points of
,m:ess or c:onnec:tion to the pioject site.. Improvements include but DOt limited to die following:
. new streets; street ~Clling; extension of ps, deètric. and sewer lines; cut and f1l1l1opes; and
pedestrian and bicycle facl1itics. None in excess of those previously
identified for EastLake Greens. 'refer ~n ~AR~L~k~ ~rA@n.Þ~FÞ).
\
D. þESCRIPTION OF ENVIRONMENTAL SE'lTING
1. · Geolol!V .
Has . ¡eology study been conducred cia Ihe property? Yes', .e. Bastlake Greens EIR.
(If yes, please attach)
Has . .oils œpon on the project .ite been made? Yes. .ee Eastlake Greens EIR.
(If yes, please attach)
2- ~
· Aœ any of die following features present 011 cr adjacent to die .ite?
. (If yes, explain in detail.)
L· Is Ihcœ any surface evidcnœ or. aballow ¡round watér table? No. .
.'
.
.~ //-YJ
------
.. _d
. .
b. M there any watercowscs or drainageimprovemcnts on or adjacent to the site?
In Dreviously approved fapilities.
c. Docs run!!ff from the projCC1 site drain directly in to or toward a domestic water supply,
Jake, resCIVOir or bay? No.
d. Could drainage from the site cause ClOsion or siltation to Idiaccnt areas? Potential
exists but would be mitigated by condi ions to ruture T.T. map
, ,
e. Ì>esaibe all drainage facilities to be provided and their location. To be determined
bv future submittals and previously approved tract map.
3. ~oise
. L M there any noise IOUJœS in the project vicinity which may impact the project site?
No. Future arterials may impact some areas.
b. Will noise from the project impact any sensitive receptors (hospitals, schools. single-
family residences)? No.
4. Biolol!V
L Docs the site involve'any Coastal Sage Saub vegetation? No.
b. Is the projCC1 site in a natural or partially natural ~e? No.
c. If yes, has a biological survey been coÐducted on !be property?
Yes x No (please attach a COpY.)Refer to previous EIR.
d. Describe all trees and vegetation on the site. Indicate location, height, diameter, and
species of trees, and which (if any) will be removed by the project. .Bite is semi-
developed with remnants of previous dry farming/cattle
grazing on. the remainder,
S. Past Use of the Land
L M there any known historical or archeological resources located on or near the project
site? No.
b. ' Are there any known paleontological re'sourœs? No.
c. Have there been any hazardous materials disposed of or stored on m: near the project site?
No.
.
d~ What was the land JQviously used for'l Dry farming/Cattle grazing
.
.
//~ i/r
~
~021-A..,I.a.r,I02"")IIa.r.lon.'1' J>-.C
- -
. .
. 6. Current Land Use
L Describe alJ stnIctures and land uses CWTently existing on the project site..
**See answer below**
b. Describe aU structures and land uses c:unenlly existing on mjacent plOpCrty.
. '
North Eastlake Business Center
. South Vacant Otay Ranch - Future deve~opment
East Vacant - Future Eastlake Neighborhoods
West Eastlake High School/Community Park and Future aeve~opmer
,
7. Social Are rherc RSide:nts tI~e on parclls ~ropose~ !J.r an increase
.
.. , L any on SítC . 10, aw man n units.
b. Are there ~y CUrrent emplO)'llleÐt opportunities on site? No.
li 10, how many II1d what type?
.
8- PJease provide any other information which may ISSÌst in the evalUltion of the ~projcct.
Sites have been fully evaluated in Eastlake Greens SPA EIR and
recent General Plan Amendment EIR for Land Swap areas.
See also attached project Description for adãitiona~ aa~a.
-
.
.
**Answer to 6(a): Construction/structures exists on approx. one-half
. of EastLake Greenš. Parcels proposed for amend-
ment with existing structures are only being
-. amended to reflect existing conditions with no
increase in units.
.
.
,
/
//~0
~ .
._~_...
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.
E. CERTIFICATION
I. IS f 9....,Jv..,JIIa in escrow·
~A..1Å~A "Develonment Company
Bruce Sloan. proiect Manager .
Print DIllIe
,
or
.
I. c:oasu1tant U' agent·
Print DIllIe
HEREBY AF'fJRM. that to the best of my bc1icf. the swements and infonnation berein contained arc in aU
respects true IIId comet and that all known infonnation concerning the project and its setting has been
jnl'lntWf in this application for an Iniûal Study of possible envïronrnental impact and any enclosures for
attachments tbeeto. .
.
~
0wœd0wœr in Escrow Signature
or
Corocnh'l1 ... Alent Signature
if /I/~¡f
, r
Datç
.Jf ICting for . corporation. include capacity and company name. ,
.
~ J J- Y?
~ ..~ft'tWa't..lmt...&..,.., Ift'tfte" tD., ..."..., ---------- flue 7
.
INITIAL STUDY PROCESSING AGREEMENT
N8me of AI!)Ik:8nt: Eastlake Development Company
~ . aO'Lane Ave., Ste. lUU Phone 421-0127
City: Chula Vista SIaIC CA Zip 91913
N8me of Amhorized RepraenlalNe fa/' IÎJlllllOI)'~ ~ru~e Sloan
Address: Qnn T.=-n,:. -a.v~ _ _ Rt.ê 1 no Phone .421_0127
City . """'n1!!!!11 "" e+-. S\aIe CA Zip g'913
Apeement Date:
Deposil Amount $ 7 50 .00
.
This A¡recment r Å&!(>Oo.oWIt") bet__ the City of 0IuIa Villa,. c:IIaI1cIed municipal corporaIion rety")
. and the foraIImed applicant for _ 1niIial Study rAppllcant- , cfrectl¥e IS of die ~ DIIe let bdI aiJcm,
Ii made Mdt ne__ to the foUowinl fiICIs:
Whereas, the Applicant has applied to the City for an IniIiII Study of the type arorerererenœd rInitial
Study") whicb dte City has required to be obtained IS . condiIion to pamlllinlthe Applicanl to develop. pcuœI
or I"....,..ny; and.
Whereas, the City will incur expenses lIIonter to process IIIid Initial Study duoalh the mOIlS depanment.s
and befen the mOIlS bœrds and commissions or the City ("PIocessIn1 Services"); and.
Whereas, the purpose or this .eel1lenlls to nlmbune the City for aU expenses il will IncID' in connection
with providinl the Proc:essinl Services:
Now, therefore, the parties do hereby a¡ree. III eaduIn¡e for the mutual promises herein contained. lIS
follows:
-
L Applicant', Duty to Pay.
The Applicant shall pay aU of the City', expenses incurred III povidinl PIoc:essin¡ Service relatecIlo
applicant's Initial Study.lncludinl aU of the City', cIiftct and ovedIead costs reIaIed thereto. This duty of
the Applicant shall be neared 10 herein as the ·Applk:8nt', Duty 10 Pay.·
A. Applicant', Deposit Duty
Ñ partial perfCJmllince of the Applicant', Duty to Pay, tile ApplicIIIUhal1 deposit the amount
arorereraenced rDeposit").
1. TIle City shall cluqe Its lawful eipentes iIIcuned III povidin, Proccain¡ ServiceS
. .pillS! the Applicant', DeposiL If. after the conclusion or proc:cssinl the Applicant',
Initial Study, any portion of the Deposit ranaIns, the City IhallIeIUnI aid bIIance 10 the
Applicant without inIeresIlbcnon. If, durin¡ the poc:cain, or the Applicant', Initial
Study, tile IIIIOUIII of ~ Deposit Me D41W "'........... CIr Is Jmmlneally liIœ1y 10 become
ahalllled III the opinion oflhe City,aponllClCice ol_ by the City, the ~ shall
forllnridt provide IUCb additional depoIit as the City shall ClIenI..C' . rcm,labIy
fWlr lid i 10 cœlinue to ",,,.Jide ~ . "ServIceI. 11Ic duty ol the Appllclo'lt to
Initially deposit and 10 IUppIemeat aid depaIIt as IIeIein requØd shall be ~ . the
·App1icant', Deposit Duty..
D. City', Duty
The City lhaIl.apon the condition 1bat the Applicant Is DOt III bnadI of the Applicant', Duty 10 Pay or the
Applicant', Deposil Duty, use ¡ood faidt 10 provide lIt' ¡ ,~ IeI'Yica ~ion 10 the ~', Initial
Sludy application. ~ /1 ~ L-: ? . .
--~~-
.
A. The City shall have 110 liability hereunder to the Applicant for the failure 10 process the Applicant's
Initial Study application. or for failure 10 process the Applicant'. Initial Study wilhin the time
frame Rquested by 1M Applicant or estimated by the City.
B. By execution of this a¡recment. the Applicant IbalI have DO right 10 direct or otherwise lnßuencc
the conduct of the Initial Study for which the applicant bas applied. The City IbalI use Its
diIcmion ill evaluatiDg the Appliclllt·.1nitiaI Study awl;"";"" widIout RPd 10 the Applicant's
pomise 10 pay for the h~g Servk:es, or Ihé e1e<)Ution of tile A¡reemenL
m. R.......ties
A. SuspeI'sÕQn of Processing
In Iddition iii all other rights and ftIMCIies which the City IhalI otherwise have at law or equity.
" the City bas the right 10 auspend and/Or wiIbbold the pr~ [m''g of the lnitiaI-Study which b the
aubject maUer or this Agreement. .. well .. the lnilial Study which 11III)' be the subject matter of
. lilY other Permit which Applicant bas before the City.
B. Civil Collection
In ldditionlO all other rights and remedies wbiclt the City ahaU otherwiIe have all law or equity,
the City has the right 10 coDed all sums which _ or II\IIY become due hereunder by civillCtion.
and upon institlllÏnglitigation 10 c:ol1ect aame. the pevailing party aItall be entitled 10 æasonable
aaomey'. fees had costs.
IV, Misce1Ianc:oIIS
A. Notices
-
All notices. demands or RqIlCStS provided for or penniaed to be liven IInWIt to this Apeemellt .
alllst be in writing. All notices. demands IIId reqlleltS 10 be _t to lilY party ahaU be deemed to
have been poperIy liven or IeIVCd If penonaIly aerved or deposited in the Utúted States man,
Iddressed to such party. postage prepaid, repstered or cenified, with retum receipt requested. at
the addresses identified IIdjacellt 10 the IÌBnatures of the panies represented.
B. Ooveming LawNenue
This Apeement shal1 be sovemed by and c:onstnIed in ac:cordancc with the Laws of the State of
CIlIftnia. Ally ICÛOII arisinllltlder or reIatinB to this Apement IbalI be IIroIIght only in the
federal or stale COIIIU Ioc:ated in San Diego County, Stale of CIlIfomia, and If 1ppIicIb1e, the City
of Chllla visti. or .. close thereto as possible. VCllIICi for this.."eement. and pelformanc:e
1IeIeIIndet, IbalI be the City of Owla ViaIa. '
C. NWtiple SiplllOries
If there _ multiple alpIIIOries 10 this qreement 011 behalf of Applicant, eech of auch IipaIories
ahaU be jointly and IevaaUy liable for the pelformanc:e of Appli....'It·. duties bereIn let forth.
D, SipltOry Attthority
The IÎpI:ItoIy to this qreemtnt heæby WlmlltlIIId."!"..-:nts that it is the duly desipated qent
for the A Ip1icant IIId bas been duly IUtharized by the Applicant to execute this Apecment on
behalf of the AppIicanL Signatory ahaU be penonalIy liable for A 1pliclllt's Duty to Pay and J
Applicant's Duty to Deposit in the event It has !lOt been audIorized to aecute this ~_t by
the ApplicanL 34- J/;L/Y
.
;Þ
~01I"""JIW.IIQD.9J)IW.tcm.Ð) . "'9
--------
- - - - - ---
. .
E. Hold Hannless
Applicant shall defend, Indemnify and bold barlllless the City. Its cIecIcd IIId appointed offICerS
and employees, Irom and apinst all claims for dam8&ea. liability, COIIIIId GpeII& (Including
without limitation attomeyI' fees) lrising out of poccasIna AppIieant'.1IIIda1 Study, eacept only
for diose claims Irisin¡ from the IDle nqlilence or IOIe willful conduct of the City,Iacurred by
the City. its off"JCen, qcnts. or employees In defendin¡ qainsllIICh claims, wheIher the lame
p-oceed 10 judgement or DOt. Funher, the Applicant, . Its OWl! flXpenIe, 1haIl, II IOII written
nquest by the City, defend uy IIICh IUIt or -=tion bIOu¡ht qaInst the CIty, lis ofJicas, agents.
'. or emp1oyeeI. Appl;""¡¡'. -¡~ vi the City IhIU be limited by..y pior or lUblequent
declaration by the AppIicanL ;
F. AdminiaIrativC Cairns RequIranc:nts and I'Ioced&ns.
No IuIt or IIbItnIIion IhaIJ be broa.hi lrisina out vi'" ...~ apinIt die City tiiiIea . claim
lias first been presented In writing and riled wilhthe City of OIuIa Villa and acted upon by the
City of OIula Villa In accordanc:e wilhthe procedures let forth In CIIapter 1.34 vi the 0wIa Vista
Municipal Code, IS lame may Irom lime to lime be amended, the proYÎIiOIIS of which are
incorpoIuled by the råerence IS If fully let forth heRIn, and IUCh policies IIId proc:ecIures used by
the City In the ImPlementationc.: aame. Upon request by the City, the Applicant IIhIIll meet and
confer in good faith with the ty for the purpose of raoIvin¡ any dispute _ the terms of Ibis
A¡reemenL
Now,therefore, the parties hereto,l!avin. lad and uncIersIood the terms and CXIIIditions of Ibis agreement,
do Iaeby express their consent to the IemII hereof by aettIn¡ their hand hereto on the date let forth adjacent thereto.
City City of 0w1a VISta
- 276 Fourth Avenue
~~
Dated: I / II ÞJ'f
, I
AppI;""¡¡ (or IIIIborized rqm:saIlative) Bruce Sloan, Project Mgr.
Eastlake Development Company
By:
By:
.
Dated: ..
.
~ // - tic:¡
-.---
. .
'¡
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Sr"- of cIisclosilre of c:enain OWDeI'Ship imerests. payments, or campaign c:outributiODS. on alIlIII1\m which
will require cIiscretioIwy Don on the pan of the City Council. P!aIuùD¡ Commission. IDd all other official bodies.
The following information mIlS! ~ cIisclosed:
I. Uslthe ..Des of ail persons have . fin."";aI iIIIaest ill !be aMIIrICt. i.e., CIIIIInICtOr, ~lI'ICIor.
inaIeriai IIIpplier.
R~~~]Bk~ ÐeveloDment Company
2- If all)' penon ideIIIifiecl IIIIIU&II1 to (1) above U . ....¡MIIion or ,.nœnbip. IillIbe _ of ail
. iDdivlduais O'NIIÌD& more Ihan 10" of Ibe Ihms ill the CIn N&1IIiuu or OWIIÙII all)' pII1Dt.lhip inlercst in
die pannenbip.
.T t: 'Rnt::wp1'
3. If any penon identified pIIJSIIIIIt to (1) above ulIOII-profit oralllÏZltion or . ttust. iist die _ of Illy
penon aerviD¡ u direc:tor of the DOD-profit oraon;7S'¡911 or u trustee or beueficiazy or trustee of the InISt,
'Nfl.
4. Have you had more Ihan S2S0 worth of busiDess tI1IIISIC\ed with Illy -'- of the City iliff, Boards.
t'nmmi·,iODS. Committees IIId Council withill the past twelve moDtbs?
No ,
5. Please identify each IIId every penon. iDcluding any lIen15. employees. consultllltS or iDcIependent
~ors who you have usigned to represent you before the Ci:t ill this lIII1\er,
Rnh Santos. Kent Aden. Bruce Sloan, Ka y Wright
.
6. Have you lIIdIor your officers or IlCIIIS, ill !be a¡peple, amIn'buteclmorc Ihan Sl,OOO to . CoImcil
.....~ ill the c:uneDI or pncecIin¡ election period? Ya [ ] No "J If yes, IÞIe whIdI CouDci1
-'-(s):
.
.......-.s u: 'Ñ/11od1widuo1. -. . "'-".joIaI_, r . . ~"'cIab."""~. . . ... .. II.. -.'
-. ...... OJIIIIIooa," SlId...,..... _. ciIr SlId _. ciIr, -.....''«f........ ......pa\IIIooI ....(' . ....,..... pilip
. .. . lCIÌIIIualllliL'
O\O'IE: ~....... '.....u _1)') ~
DIIe:
Bruce Sloan, f83ect Manager
.
F.astlake Development Cdmpàny
Prim or type IIIIIIe of eoJIUICIor/appl~¿?
~ //~
. YS-S1/
Case No. ¡:~ -&1..,-"
INTERDEPARTMENTAL COMMENT SHEETS
ENGINEERING DIVISION
L Drainasre
A. Is Ibe project she within a flood plain? .JiC1.
If so, state which FEMA Floodway Frequency Bounduy. ~p.. .
B. What is die 1ocation and description of existing on·site drainage facilities?$UA-~.e ~
7P ~...JIM~ .....t)"Crf"y fíhDau...~~.Þ '-....,"I!!V...s~#. CYc-......
C. Are they adequate to serve the project? IJr;,.
If not. please explain briefly. 'RD'Y1:"/..- ~,F1L# 7">D",-,oJA/'ttt. 'MPLlhhn",:;AJ:r!i, WILL.
~ I?"?,JIØ~~ IAJlJIIAJ. 1)#...JML.--- -c:"...Ifr ,..,-,~tDC:_
D. What is die location and description of existing off-site drainage facilities? ..,.", ¡:"."'... PU
/"ÂAJ~1VoJ. ""6~ I ~&2:. í'A..IV,.,..' "~.c"~ . 4A/Þ ~L"'" ~~~~
E. Are they adequate 10 serve die project? NO·
If not. please explain briefly. I?P'.J:~I- /AAAI.Þ"'I&...e.~ ~y ~ &II'",,_JÞ~.y
-
IN -nI£. ~'f': t!MJy-.J AIJD ......., r "11~1I! ~^'''" AS """""It!l'-""""'T"
/')¡I'L./.Jið'.
D. Tranmonation AAJ ÑA~ -rt> -nt~ 7fI,tF,.,G .srt.Il>Y Fip.. .,. ~ &-~'I&
~~ Q,1r SPA £'1R.r!tU...6 ~(~~ IHC-~'.SE- I/ol T"1J¡I.FF,Co &r ~",nøAl ~
A. What roads provIde pnmary access to die proJect? ~
./ \ ~
B. What is die estimated number of one·way auto trips to be generated by the project (per day)? $).
C. What arc die Average Daily TraffIc (A.D.T.) volumes on the,prinwy access roads befcm and
Iftcr project comp1ction?
Street Name Befcm Aft«
Do any of dlese volumes nœcð the City's Levd.of-Servk.e (LO.s.) .C' design ADT
volume? If yes, please specify.
.
~D21Ðu.lœuJ)(W.loæ.~~__~. //./ 3(/ '.2
^"~. .. .....- _.._-----~------
. Y$~l·
.
Cue No. 7J;-Q'/-feI
If the A.D.T. or L.a.S. ·C" design volume is unknown or not applicable. explain briefly,
·D. Ale the primal}' ICCCSS roads Idcq,uate to serve the project?
If not. p1casc explain briefly.
E. Would the project create unacceptable L.cvels of Service (LOS) It intcrscctions Idjacent to
or in the vicinity of the project site?
If so. identify: Location
Cumulative L.a.S.
F. Is the proposed project a ·large project" under the Congestion ManagcrrÍent Program? (An
cq,uivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle
trips). If yes. a Traffic Impact Analysis (TlA) will be tequired. In this case the TlA will
have to demonstrate that the project will not create an unnútigatable Idvcrse impact. or that
all related traffic impacts are not mitigated to a level of non-significance,
Yes No
The following questions apply if a Traffic Impact Analysis is not tequired,
G. Is uaffic mitigation required to reduce uaffic impacts that will result from implementation of
the proposed project? Yes No
If yes. please describe.
H. Is the project CO!I~istent with the criteria established in the City's Transportation Phasing Plan.
General Plan Traffic Element, and all other peninent 1raffic at1·ðlM? Please merenœ any
other uaffic impact studies for roadway segments that may be impacted by the proposed
project.
L Is a traffIC study tequired? Yes No
J. Is there any dedication tequired?
If so. please specify. )
WI'C~022." (afl,IOZI.Ð) (ad, 102O.Ð) ~ //~5c?- Pile 3
- ---
. . YS-9tl
Case No. rs J¡..¡.-("f
K. Is thele any street widening required?
If so, please SJ!Ccify.
L Arc thele any other stteet improvements required?
If so, please lpcCify the Icne:al1lltUre of the œœsSIJ)' improvements.
M. Will the project ud Jdatcd public improvements provide lltisfac:tory IrIffic scrviœ for·
existing conditions ud future buUdout General PJan conditions? (please provide a ¥ef
explanation),
m. ~
A. Arc thele any anticipated adverse geotechnical conditions on the project site? I.JIoJKJ.JDWoJ .
B. If yes. specify these conditions,14Á .
C. Is a Soils Report necessary'? Yé"~ e.j¡£f~Al"=' ~DJ Ib 2~ AA'Js-r-~ 'j~"'T'E!:>
Af.,It:J/ÞIl. hAe¿ÞeÞ 7TJ IfoJ4LJÞe 'T1+E ~
IV. ~N./A. flZoFÞ~ 'Tl> ~ Nf:>r'l:> it>"'T'IIe EXIST"I~ I
Åfr'I:D.¡eÞ £PA. .
A. What is the average natural slope of the site'?
B. What is the maximum natural slope of the site?
V. ~
Arc there any ttaffic-re1ated noise levels impacting the site that are significant enough to justify that
a noise analysis be required of the applicant? 1.J#J/(J.Jð~111 . ÅIJ. ~A e..,,.,,&.t~ IT" ~ TIo/IË Sp~
;J~ .NDISe ~ 'is,S WILL B£ Re/fU11ler> .
VL Waste Generation
How much solid and liquid (sewer) waste will be pnerated by the propOIed project per day?
Solid 2,3.-Y> f'tJaAJ~ Au> D4Y J"JII£IL -ru£ I!Ö>(/~Al~ ÂI'I-~-."" c:'PA
Liquid,?~.2H1?t.3II'I~6 D:J!J. 7XY&~.;)'5 1!r>lJ4)ðll~ "1116 Ð(I.n1olL AAP"'-~.
,
What is the location and aize of aistin¡ sewer Jines 011 or downstream from the lite?
J:2:J'Vû ~~ uLl~ fLl1'1fr~¿I1I-'" M'II1r. JI9'.A..IVnAlII'JT'&V J~""~ ~ A&J~ Å I~'t ÞI/£... $if" ..W'"
~ I .
l-I&J~ IAJ e:~ve ".IVIA.f..A."¡ I-r IC ~AA~ ~": 'Al.t~u-"J~l-L. ~~ t.th, ( JIIE..
1if6t,.,£
.-
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CaseNo.~
vn. ~ariona1 Pollutant Discharl!e Elimination Svstem CNPDES) Stonnwater Reauircments
Will the applicant be m¡uired to file a Notice of Intent with the State Water Resources Control Board
for coverage WIder an NPDES Stonnwater Permit? YF-~.
. If yes. specify which NPDES permit(s) I!Id explain why an NPDES permit is required. Af.J N.P.t:£S
.~pMrr rn, ~o.AltJ.~, 'D(~"""':~ J66r.r",A·~ &.lIT){ f!."¡&InlI~~
1o~'r1ll rn t!E<. . A ~",-r- .< ~-<lt~llJR"J a#,...-...,,~e 1"1V I#þ p,tI~ Â-'I'~
WtU_ ~ btO-UR.- ~ ~ "''''-M~~ ~~ ~I~E...,,- J~
p...:r- DF.4. LA.~ ~ð J4nuMnAl 1:1' -A IJ ð1= DEi/eo}.lDuJ::".t rr- bR. ~ #.:: .
Will . Stonn Water Pollution Prevention Plan (SWPPP) be m¡uired for the proposed project?
'k Yes No
Additional comments I.J.{)JJt! .
VD. Remarks
Please identify and discuss any œmaining potential adverse impacts. nútigation measures. or other
issues. ~ A4:Jp/_'~A.lr ~ Alb~£!:' ÅS~~·"~"'- 7>~IL:."- t:=1&1~."~~
lFoA VI.IAI Ie::: JAAÞI!.ÞI/£M~~.
.
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ciJ¡ f q.Jl
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~1I%IJI / U.III2I.9S)ca.r,I02OJ3)
-
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.
,
. ClseNo, IS-Q4-1'I
FIRE DEPARTMENT
A. What is the distance to the _I fire øtion' ~ what Is the Fire De¡._h.-nl'. estimated
øaction time'1...L.w..ilf.Jo sf. t, ~ fh\n . f't"a~ì on +ì w\o
-
:
. .
B. WJJlthe ñre DeplftmCnt be able to provide an adeq\JIIe level of fire ...~~OII for the
. -
proposed facUity without an increase in equipment or pmonne1'1 \('f>..$.
C. Remarks ,..) ~>A).p
.
~' l!aiYIf\/U,,^, O,/QO/C¡'/
Date
F' Marshal .
.
. .
. .
.
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, ->....-..-.--. ____ III ---
:
. Case No....J5-'N·1'
PARKS AND RECREATION DEPARTMENT
.
A. Is project subject 10 Parks and Reacation 'I1ueshold œquimncnts? '(¡¡:s'.
If DOt, please uptain.
·B. How IIIIIIY acres of parkland aR DeO'""0''Y 10 IClVC the J>"'j'OSCd project?
~ n . t'>t>~:1? 0,) ~~ ~p¡r..~ ~\~\,;..
C- Are øisting nei¡hborboocl and community parks Dear die project adequate to lClVe the .
populIDon iDcreIsc zuuhing from this project1 .
Nei¡hborboocl ~
Conununity Parks tJO·
D. If not, aR parkland dedications or other mitigation proposed IS part of the plject ldcc¡,ullC
to serve the population increase?
Neighbomood "\~$'
Community Parks ,~.
E. To meet City œquùements. will applicant be œquiJed to:
Provide land? 'riZS
Pay a fcc1 "f;.t.
P. Remarks:
.
. .
. -
.
tv=: ~,~ ¿ , .'f."'! 't-
pm¡ IIId JlecnaZion Director III' lteplelcntllive Dale
I
~//~~ .... 7
____ _ ................_ CIIr. IGal.IJIJIo '. IØlI'
.
.
. -
: ì
. Cue No. 15-q'¡'/~ .
.
LANDSCAPE PLANNING
A. Does the project affect Dative plant communities? {\O
If 10. plC1SC identify which communities.
. WID die project reqm Dative plantin¡, (please describe)..M ~ ~ ~ .
'.. PJeasc identify any important or hi¡h1y visible bUlsides 011 III' adjlCellt to the project.
~
What landscapin~ conditions (if any) wID be required for 1besc bUlsides'1
,
C. Of the total arca to be developed, how much. Ind which areas arc ex~ to be mplantcd
and require supplemental waterin¡'1 (please describe),
Are there any other landscape requimnents or mitiption for the poject? . vM -
E.
.
. .
.....
.
. ~
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~ ///57'
-- ,.-----
--~~~-----_.._..,"._--- - "_._---~._--_._.__._._- - -----.--.--.....-----..-.'.
ROUTING FORM
DATE: January 18, 1994
~.n Larson,~uilcUng-' Boudng!
ohn Lippitt, Engineering (EIR only)
Clitt SWanson, Zngineering (EIR only)
Bal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Richard RUdoll, Asst city Attorney (Dratt Neg Dec , EIR)
Carol Gove, Tire Department, '
Harty Schmidt, Parks , Recreation
I Crime Prevention, police Department (M.J. Diosdado)
I current Planning
i Duane Bazzel, Advance Planning
Bob Sennett, city Landscape Architect
, Bob Leiter, Planning Director
i Chula vista Elementary School District, Kate Shurson
,
¡ ... sweetwater Union H.S. District, Tom Silva (IS' EIR)
~ Maureen Roeber, Library (Final EIR)
LAFCO (IS/Dratt EIR - It annexation is involved)
l-~'~ Other
~~ Doug Reid Environmental Section
srJBJEC'1' : Application tor Initial Study (IS- 94-19/FA-MlL/DO 060 I
checkprint Dratt EIR (20 days) (EIR-_/TB-_/DO J
Review ot a Dratt EIR (EIR-____/TB-----/DP J
Review ot Environmental Review Record (TC- EM- I
Review ot Draft Neg Dec (IS- /TA- /DO- I
.
~he Project consists ot: An amendment to the EastLake Greens Genèral
Development Plan and Sectional Area Plan which would result in:
1. The transfer of units within the existing boundaries of East
Lake Greens to refine densities with no net increase in the .
. existing proposal density and
.
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and d to me any c:olll/lents you bave
by 02-01-94 .
CoJlllNZ2ts: J c..,~~f ª -rj,~-,,~ ~
)/:Ç~ ~,~)<- J.z,N.
~
o O.
RDUTING FORM
.
DMZ: January 18, 1994
S'O: Ken Larson, Building , Housing
John Lippitt, Zngineering (EIR only)
Clitt Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (15/3, EIR/2)
Richard Rudolf, Asst City Attorney (Draft Reg Dec , EIR)
Carol Gove, Fire Department '
Harty Schmidt, Parks , Recreation
Crime Prevention, Police Department (H.J. Diosdado)
eh.nt Planning, -
ane Bazzel, Advance Planning
Bob Sennett, City Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, xaté Shurson
# Sweetwater Union H.S. District, Tom Silva (IS' EIR)
Haureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Other
FROM: Doug Reid Environmental section
SUBJECT: Application for Initial Study (IS- 94-1~FA-~/DO 060 )
Checkprint Draft EIR (20 days} (EIR-____/FB-____/DO )
Review of a Draft EIR (EIR-____/FB-____/DP )
Review of Environmental Review Record (FC- ____ERR-____)
Review of Draft Reg Dec (15- /FA- /DO- )
.
~he Project consists of: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1- The transfer of units within the existing boundaries of East
Lake Greens to refine densities with no net increase in the
" existing proposal density and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and forward to IIIe any COlDl/lents you have
by 02-01-94 .
Couents: .""1'ff"f ,,^~c:. ~ ~ "'1.4.4~c9..a..O.
. ",~.c l.\,:."'.....& "1""'":f>~ f"""-> ...., IO<>r
r£s ~1 c1..;) o.çý <9 " ~ 0,- / / /.Y
.,___ 0.' ~_~ ._____.,_ ___.___..__~_._.___~_____.______
--
ROUTING FORM
DATE: January 18, 1994
!J'O: Xen Larson, Building , Housing
John Lippitt, Engineering (EIR only)
Clitt Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (1513, EIRI2)
Richard Rudolt, Asst City Attorney' (Dratt Neg Dee , E~R)
Carol Gove, Fire Department .
Marty Schmidt, Parks , Recreation
Crime Prevention, police Department (M.J. Diosdado)
CUrrent Planning
Duane Bazzel, Advance Planning
t:-sehñcttt;-t'lty"f,and--pr -41;. ...-n~~¡,,.~tl
ob Leiter, Planning ~t".ctor~--
Chula Vista Elementary School District, Kate Shurson
~ SWeetwater Union H.S. District, Tom silva (IS , EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (ISIDratt EIR - It annexation is involved)
other
FROM: Doug Reid Environmental Section
SUBJECT: Application tor Initial Study (15- 94-1WFA-~/DO OñO )
Checkprint Dratt EIR (20 days) (EIR-____IFB-____IDO )
Review ot a Dratt EIR (EIR-____IFB-____IDP )
Review ot Environmental Review Record (FC- ERR- ____)
Review ot Dratt Neg Dee (15- IFA- IDO- )
.
'JIhe Project consists ot: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1- The transfer of units within the existing boundaries of East
Lake Greens to refine densities with no net increase in the
.. existing proposal density and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
Please review the document and torward to me any comments you have
by 02-01-94 .
COl/IINnt.: ~ / 1l~,.c 1Pf1p
j/--¿O
-
CHULA VISTA POUCE DEPARTMENT
CRIME PREVENTION UNIT
PLAN REVIEW RECOMMENDATIONS
~ . ", ~ -. ~"
--.... .... ;- -'
DA1E: t-....~ 4, ¡qq4 .... ~ .,
TO: ~R.tkJ ~í!,;o P~nnv-.....
VIA: ~~. ~'-'I·~V' y,v.
FROM: ì"I14r ~ , 5Q..fS
PROJECT: :f.~, q J{ -/ 'I Q~.4. 'tcU:!~ e)J~ ~~ ?bA\.
_ The Crime Prevention Unit docs not have any comments regarding this project at this time.
_ Infonnation on the project. or within the plans. docs not provide enough detail to pcnnit
crime prevention analysis,
15L- Please forward the following infonnation to the Crime Prevention Unit when available.
Þ- Elevations
Roor Plans
-
L Landscape and Lighting Plans
..:£L Site Development Plans
Comments: L?.J YIt..L (f',u/--'1± 7f~L ~ ÁA.dr-: /UJ CnnmfviiÞ,
Yf.i£l,Ld WJ ÝI..¿ G~ pa,....-', CiJ¡/ CIUHIL¡"'~~ >'ò
.1/ . 6- , z¿d~ Yz(./Z..' tt....lrrr~
¿ 1M . l ·n4 ..J 'l.. '-ð~~
cU:t_ ,
, 'X/r
.
;
cc: Brookover. SCA //~¡,/
. ~---.._'.__.."._.- -..__._".__.""''''-~--"--'-'''''---"'---''.._'----'''---"
-
MEMORANDUM
DATE: Fcbruary I, 1994
TO: Doug Rcid
Environmcntal Revicw Coordinator
FROM: Duane E. Bazzc~
Principal Planncr
SUBJECT: Initial Study for EastLake Greens GDP/SPA Amcndment (lS-94-19)
The Advance Planning Division appreciatcs the opportunity to commcnt on the proposed
project identified above. From an cnvironmental analysis standpoint it appears that the
EastLake Greens EIR and Addendum sufficiently addressed the proposed density transfers
within EastLake Greens. The proposed transfer of units are occurring under the umbrella
of the originally-approved EastLake Greens SPA and Tentative Map (2,774 units), therefore,
unless there are significant shifts in unit locations it would appear that the original EIR
adequately addresses the transfers.
It should not be forgotten, however, that as a condition of approval of a recent GP
amendment to Parcel 26 of the Greens (GPA-93-04), the Qty Councll re-cnacted the
affordable housing requirement for the Greens (deferred with the Tentative Map approval)
and directed staff to work with a task force to develop recommendations by July of this year
on how to handle the low and moderate income housing within this project. This direction
from Council included the consideration of any density transfers ncccSS8I)' to achieve the
housing requirement. It does not appear that the proposed density transfers are significant
enough to impact the task force efforts, but nevertheless, these efforts should be considered
prior to approving any SPA amendment.
The 97 units to be annexed and added to the Greens have only been analyzed at a General
Plan level (within the Otay Ranch Program EJR) and not at the detail neœssaI)'with a GDP
and/or SPA. This needs to be taken into consideration when arialyzing potential
environmental impacts. Additionally, project-level analysis needs to be coordinated with the
Community planning Division of the planning Department (Otay Ranch SPA Team) on the
issue of land use and design interface with East Orange Avenue and efforts on the adjacent
Otay Ranch.
cc: Ken Lee
Steve Griffin
Amy Wolfe
__I
~ / )-~.;<
MEMORANDUM
February J., J.994
File # YS-59J.
TO: Doug Reid, Environmental Coordinator
VIA: Clifford L. Swanson, Deputy Public Works Director)OL,
City Bngineer ~ .
FROM: Harold Rosenberg, City Traffic Enginee~
SUBJECT: Bastlake Greens General Development and Sectional Area
Plans Amendment
In response to your concern regarding our transportation comment in
the subject initial study application, the following paragraph
should be added to Section VII of the application.
Previous traffic studies have shown that the circulation
system plan prior to the construction of SRJ.25 does not
have sufficient capacity to absorb additional trips
beyond those trips accounted for in the approved maps
including the approved Eastlake Greens. Thus the
Eastlake Greens proposed expanded development project
will have to be limited to the number of trips identified
in the approved project EIR traffic study. However, the
applicant may wish to perform a supplemental traffic
study to examine possibilities of expanding the City's
circulation system (e.i. extension of E. Orange Avenue
between I-80S and Eastlake Greens) to provide the needed
capacity. A reference to the City's interim SR-J.25
financial study (HNTB study) and improvement scheduling
are a critical element of the study.
ZAO: rb
cc: Roger Daoust, Senior Civil Bngineer
Ø....\-.......\2'RAPnc:\_.aaø)
~ Jj-J;?
~- - --_.~-- -~-~ -- - ..- ----_._~-------- --_.._-----_..__._---_._-_._._.~.._----
MEMORANDUM
February 21, 1994
File # YS-551
TO: Doug Reid, Environmental Coordinator
VIA: Cliff"'" L."""" """" Public Worla DU-¡)I
City Engineer . ,
FROM: Harold Rosenberg, Traffic Engino/
SUBJECT: ' '''Ø
Eastlake Greens GDP/SPA Amendment Traffic Study (IS-93~
I have reviewed the attached traffic impact report by Urban Systems dated February 18, 1994
and fmd it to be acceptable, The new trips from the added 97 units to the Eastlake Greens
approved units of 2774 have no significant impact on the City's circulation system,
ZAO:dv
Attachment
CF:\BaM!'ЫJINEER\mAl'I'lCI'I1U'STUDY LAO
~J/~¿i
- ~
~ --- - .....
URBAN SYSTEMS ASSOCIATES, INC.
ftAIIMII' ~ ~.ø. '" .Do/Ã'1'ff1:JACr It.PPØrT r-.::::£,: -IE::
QM8I&TMI1I '" INDIJST1IY MID ~ . .,7 'f ~::.. G~!jL:'" 'ot':~ ~:-
:-~~-:I"~:~::" "'¡-:; :.;F~¡
. I5~HEB 22 AM 9: 16S
February 18, 1994
Mr. Hal Rosenberg
City Traffic Engineer
CITY OF CHULA VISTA
276 Fourth Avenue
Chula VISta, CA 92010
Dear Hal:
Urban Systems Associates, Inc. (Urban Systems) was retained by ~e Development to
evaluate possible Impacts from the development of additional dwelling units In the Eastlake
Greens GDP/SPA Amendment. The Eastlake Greens GDP/SPA Amendment proposes an
Increase of 97 dwelling units from 2,774 DU to 2,871 DU.
"'~D Generation
The development of 97 additional dwelling units will result In the following peak hour and dally
trip generation.
.
1M, PEAK PM PEAK
USE INTENSITY GlENER....nON mr
.....TE IM,!I. 1M, IN:OVI' IN:OVI' 1M , PM IN:OVI' litOVI'
8PUT 8PUT
8FDU I7DU 111/DU 170 ft 78 1:8 18:82 10!1. 17 7:3 18:21
As can be observed, the 97 additional units will result In 97 PM peak hour trips. Of the 97 PM
peak hour trips, 68 are Inbound and 29 outbound to the project. The NIt peak would have 78
additional peak hour trips with 16 Inbound and 62 outbound during the peak. .
'previous Traffic St.!ßIv AssumDtions
A traIIIc study for KaIser Hospital (Eastlake I SPA Amendment by JHK Associates) YiH
comDI!tIØ on ADrIl ~,1M. The KaIser Hospital traffic study represents the most recent
analysis of interim conditions for eastem Chula VIsta (east of 1-805). The analysis for interim
conditions assumed the -approved projects° level of development for It's interim analysIs. The
0approved project" level of development was based on the RnalEastem Chula VIsta '
Transportation PhasIng Plan Update prepared by WIIcJan AssocIates (1191).
.,- ~///¡;š 1ILGCIITI/I7
..._._.~. .... _~,_______M______""_~ ______ --- -. M_n..·.__.._····_
- ~- -.. - -. . ~ . ~ . --
-
Mr. Hal Rossnberg Urban Systems Associates, Inc.
February 18, 1994
In the final report for KaIser Hospital dated AprD 20, 1992, (page 41), the approved project
development scenario will result In approximately 193,230 additional dally trips In Eastem Chula
Vista. The analysis Included trips generated by 2,774 units In the Eastlake Greens project,
Using the °approved projects" condition as the bpe, Impacts from the KaIser Hospital were
evaluated. Attachment 1 shows the NNPM peal( hour Intersection tevel of service from the
KaIser HospItal traffic analysis.
As shown In Attachment 1, all Intersections are forecasted to operate at a level of service 00"
or better. KaIser Hospital Impacts to the Intersection of Otay Lakes at Eastlake Parkway (the
critical Intersection for the KaIser Project) for the AMIPM peak results In a level of service °C"
to 00", Intersection delay was 5.2 seconds for the AM peak and 5.4 seconds In the PM peak
at this location. The Increased delay at this location was due to more than 14.000 daily trips
from the KaIser project being added to the base conditions.
The KaIser analysis concludes that the Intersection delay at Otay LakesÁOad and EasUake
Parkway Is 25,8 seconds In the AM peak and 29.8 In the PM peak which translates to a level
of service O. It should be noted that the Intersection delay at Otay Lakes Road and Eastlake
Parkway could be Increased as much as 10 seconds and still remain at a level of service 00".
SPA Amendment ImDacts
In oreler to detennlne possible Impacts from the proposed SPA amendment, project traffic was
added to the Intersection analysis discussed above. All other assumDtions for the computer
Intersection analysis remained the same. As shown on Attachment 2, the resulting level of
service including project traffic remained 00" for both the AM and PM peak. A comparison of
Attachment 1 and 2 shows that with project traffic the Intersection delay Increased only 1.5
seconds In the AM peak and 2.1 seconds In the PM peak, This clearly Indicates that the Spa
Amendment for Interim (worst case) conditions Is not likely to create Impacts which would require
mitigation or change the level of service at Eastlake Parkway and Otay Lakes Road.
In addition, possible Impacts from the proposed SPA amendment were analyzed for the
Intersection of Eastlake Parkway and Fenton Street. Base conditions for the intersection
analysis were obtained from the ScrIpps Clinic Traffic analysis dated March 30,1993. For the
base conditions, signal timing was optimized which resulting In a level of service "D" for the P ,M.
peak or an intersection delay of 36.7 seconds (see Attachment 3).
Project traffic was then added to the base conditionS. All other assumptions for the computer
intersection analysis remained the same. As shown on Attachment 3, the resulting level of
service including project traffic remalned-O". Intersection delay changed only 0,4 seconds to
37.1. This clearly shows that the SPA amendment for interim conditions Is not Ukely to create
Impacts which would require mitigation. No build out or with an Interim 125 or with an Orange
Avenue connection, Spa Amendment inpacts would be even smaller because there would be
multiple BCCeS9 routes. ,
.,- ~ //~¿? ¥LGCN'11117
·
~
#.fr. HsI Rosenberg Urban Systems AssocIates, Inc;
Sbruary 18, 1994
BaSed on 1M Infonnatlon discussed above, Impacts from the development of 97 additional units
appear 10 have minimal Impacts on the circulation system. We therefor suggest that no further
traffic analysis Is necessary.
Please caD us If you have any questions regarding the analysis discussed above.
,
APSfTRS:vks
Attachments
cc: Bruce Sloan
Cliff Swanson
Doug Reid
J
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MEMORANDUM
February 23, 1994
File Number YS 591
TO: Doug Reid, Environmental Review coor~tor
FROM: Roger Daoust, Senior Civil Engineer
SUBJECT : Initial Study 94-019, EastLake Greens GDP & SPA Amendment
This is to clarify our cOl!Ul\ents (on sewers and drainage) dated
February 1, 1994 concerning the information provided in the
application for the subject Initial Study.
OUr conunents on drainage (Section I, A through E) noted that
project specific improvements would be required as development
occurs and further, that regional improvements in Salt Creek and
Poggi Canyon may be required as development occurs. This cOl!Ul\ent
was meant to convey that development of the overall General
Development Plan area would probably require construction of
regional level drainage improvements. Any additional development
which may occur as a result of this amendment may require greater
capacity in those facilities, but we believe that the added
capacity would be insignificant.
OUr conunents on Section VI, Waste Generation, noted that some
segments of the Telegraph Canyon Trunk Sewer will be over capacity
at, or prior to, General Plan bui1dout conditions.
This conunent addressed the fact that the EXISTING Telegraph Canyon
Trunk Sewer lacks capacity to serve the bui1dout development. A
Development Impact Fee (DIF) is presently in place for gravity
basin development, and a Telegraph Canyon Pumped Basin DIF will be
in place very shortly, as will a Salt Creek Basin DIF.
The parallel and upgraded facilities provided for through the
collection of these fees will be adequate for the provision of
sewer service to all of the affected development areas for as long
as necessary.
The additional development which may result from the proposed
amendment may have a non-significant impact on one segment of the
sewer line. That impact would be that an upgrade required by the
overall development would increase by a minor degree with the added
development. No increase in the DIF would occur.
IUD: 'I1·Ul
.:\HONI\8HGIN8ER\I.J4-01'
.~ //~?/
"--~ -",._~...._-- ,".-..----..-,..-.--,- -.-.-- ---."-'^...._-,....__.- -..-.-'----.--.-
.-
EXHIBIT A
pescription of Work
Assessment District 94-1
The geoeral description of work to be funded by Assessment District 94-1 consists of the following:
.
1. Street improvements consisting of grading, base, paving, gutter, sidewalk, street lighting and
'aMet"lpÍDg within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entranCe (2,400 L.F., Phase 1).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., Phase 2).
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L,F., Phase 3).
2. Utilities and underground improvements consisting of potable water facilities, storm drain facilities,
sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, gas facilities,
television facilities as appropriate by applicable state and federal statutes within the following rights-
of-way:
a. South Greensview Drive _ from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase 1).
b. South Greensview Drive _ from Silverado Drive to Hunte Parkway (3,400 L.F., Phase 2).
c. South Greensview Drive _ from Unit 6,entrance to Silverado Drive (1,920 L.F., Phase 3),
.
3. DIF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter,
sidewalk, medians, streetlighting. landsçaping and street monumentation within the following rights-
of-way:
a. Hunte Parkway _ from Clubhouse Drive to South Greensview Drive (2,300 L.F., Phase 2).
4. DIF funded street and underground improvements consisting of grading, and storm drain
ÍWp.ovements within the following rights-of-way: I
a. Hunte Parkway _ from South Greensview to Orange Avenue (1,270 L.F., Phase 2).
b. Orange Avenue _ from Hunte Parkway to the SOO&E easement (3,500 L.F., Phase 2).
,
WIC,:'r . -' U6I'." ~ )/ ~ ?c2
.
_.
.
~ ~C":'lI friar!'> RU;lò RICK ENGIì\TEERlNG COMPANY
. . -..
_..- S;ln Di,..~o
COIhrurni:t 9~IIO·:!~9f1 "'I:h'~ R""U:ff( I.' V;~-;':1"1
t~I~1 291·0707
FAX. (rI91291~1.~ .
..J
r-;"'":,' . 13'"
. -- -.. . J':';
February 7, 1994
Mr. Clifford Swanson
City of Chula Vista
276 Founh Avenue
Chula Vista, California 91912
RE: EASTLAKE GREENS - GENERAL DEVELOPMENT PLAN AMENDMENT AND
SPA AMENDMENT (J·12347)
- Dear Mr. Swanson:
,
This is to confirm that the storm drainage system designed for EastLake Greens has adequate
capacity to accommodate the run-off generated b)' additional areas being in~orporated into
EastLake Greens SPA boundary. as shown on the anached exhibit, In addition, areas being
added do not adverse!)' impact the drainage s)'stem previously planned and approved as pal' of
Tentative Map for Chula Vista Tract No. 88·03.
Should you have any questions. please caU me.
Sincerely,
_ RiCK ENGl~';'-"'MPANY
DCæ;:
Dennis c: Bowling. .~., R.C.E.
Dircc:tor, Water Resources Division
DCB:kt.OOl
Enclosure
cc: Mr. Doug Reed. City of Chu]a Vista
Mr. Bruce Sloan. EastLake Development Company
Mr. Houshmamd Aftahi, Rick Engineering Company
i01 ))~7J
.-- -.-...- ...-- - -_...- . -..".-,-,"-'- ._"..-._----~-~..- -- _.....-..-_--,-_._--~.._._--,..__.,-
--
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.
.
F,-·,
'.
.....1 .
February 9,1994
Mr. Cliff swanson
City Engineer
cm OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: EastLake Greens Development Plan and J1i&
Spa Amendment IS·94·19
~
Dear Cliff:
As a part of the review of the referenced initial study the engineering ...
department noted possible adverse impacts to the sewer system serving the EASTLAI<I:
EastLake Greens Project, As a response to this concern, 1 have quantified DEVELOPMENT
the impact of the Plan Amendment in each of the sewer basins within the COMPANV
EastLake Greens Project. This review (attached) has concluded that the
impacts of the additional development within each of the basins is minimal
when compared to previous land use and system analysis perfonned by the
city,
If you have any questions regarding this infonnation, please do not
hesitate to call me,
,
Sincerely,
EASTLAKE DEVELOPMENT COMPANY
Bruce Sloan
Senior Project Manager
cc: Doug Reid . EnvirotuTlental Review Coordinator
qoo Lane A\IØI'\U8 ¡
~/)~?Lj SUite 100
Chute Vlste, CA 91914
~61Ql421.o127
AA 619) 421·1830
-
.. -" .;.
~
SALT CREEK BASIN GRAVI1Y SEWER ANALYSIS
Sewer service to the Salt Creek Basin within the EastLake Greens
.project in currently provided by the Otay Lakes Road Lift Station
(located at Otay Lakes Road and Salt Creek) and the Telegraph Canyon
Trunk Sewer. The proposed EastLake Greens General Development
Plan and Spa Amendml'.nt affects the following parcels within the Salt
Creek Basin:
Parcel Existing Units Proposed Units Increase+/
Decrease-
R-3(south) 42 51 9
R-10 167 246 79
R·ll 92 87 <5>
R-22 146 141 <5>
R-23 205 214 9
R-27 40 44 4
Net Change In Units 91
The flow generated by the additional 91 dwelling units (based on 250
GPD per DU) is 15,8 GPM. TIùs amount represents an increase of
1.4% over the 1100 GPM flow rate assumed to be generated by the
EastLake Project within the Salt Creek Basin (see Telegraph Canyon
Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows, Figure 8, Page 11). The operation of the
Otay Lakes Road Lift Station and Telegraph Canyon Trunk Sewer
should not be significantly impacted by the relatively minor increase in
the flow rate.
~ /J~? -Š
. -~,.._._-----.~--~-..._-,--~-.--..----,.~.----------
I .
.
,
.'
TELEGRAPH CANYON SEWER BASIN IMPROVEMENT AND FINACIAL PLAN
The proposed General Development Plan and Spa Plan Amendment
will affect 4 parcels (R-7, R-II, R-14. and R-24) that are located
within the boundary of the Telegraph Canyon Gra'ity Sewer Basin. At
the time the Basin Improvert".ent and Pinancing Plan was developed
EastLake Development Company and the City assumed the unit counts
proposed in the Amendment. Therefore, no modification to the
Telegraph Canyon Sewer Basin Improvement and Pinancing Plan is
required.
POGGI CANYON SEWER BASIN
Sewer service to the Poggi Canyon Sewer Basin within the EastLake
Greens Project is currenùy provided by the EastLake Parkway Pump
Station and the Telegraph Canyon Trunk Sewer. The proposed
EastLake Greens General Development Plan and Spa Amendment
affects the following parcels within the Poggi Canyon Basin:
Parcel Existing UIÙts Proposed UIÙts Increase+/
Decrease-
R·3(north) 42 51 9
R-14 84 86 2
R-15 88 65 <13>
R-20 164 143 <21>
R-25 74 78 4
R·28 27 60 33
Net Change In UIÙts 14
The Average flow to the EastLake Parkway Pump Station (as outlined
in the Telegraph Canyon Sewer Basin Improvement and Pinancing Plan
Amendment Incorporating Pumped Plows) is 254 GPM, At a rate of
250 gallons per day per unit the net increase in UIÙts generates an
additional 2.4 GPM. The operation of the EastLake Parkway Lift
Station and the Telegraph Canyon Trunk Sewer should not be
significantly impacted by the relatively minor increase in flow rate.
~ / / - ?~
f'1AR- ~-94 .o'ED lE.:l:'!': CHULA '·iIS;TA $ C H 1:11:. L_
J) I ':' or . P.£t2
CHULA VISTA ELEMENfARY SCHOOL DISTRICT
84 EAST "J" STREET' CHCLA \'ISTA. CALIFOR..'\I,\ \/1\110 . 619425-9GOO
EACIt Cmi.D IS AN ISDIVIULJAJ. OF GREAT WOHTï¡-'-'--' ._-
SOARD M IDUC:ATIOII
.lDSEPH D, CIJIII,IINGS, Ph.D, March 9,1994
LARRY CUNNINGHAM
IHAIION GILES
PATAICKA, JUDO
GREG II.SANOOVAI.
SUPERINTENDENT Mr. Doug Reid
USIA S, GIL. PI1.O, Environmental Review Dep\.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: EastLake Greens GDP/SPA Amendment
Dear Mr Reid,
The proposed GDP/SPA Ame"\drnen!. WII! increase the total dwelling unit count
within EastLake Greens by 9~' llnits from 2774 to 28ï1 At the District-wide
average student generation rate of 03 students/unit, tl-¡is equates to 861 students.
It is anticipated that all ctllldrer-, fiOm EastLa...e Greens including those from the
additional 97 units wili aHe,.,,! Scho'Jl No 95 which will be constructed In the
EastLake Greens Communi(y and h!IS a proposed opening date of July, 1995
This school is planned to cpen on a single-track year-round schedule and
eventually convert to a mullt-track year-round schedule when required to
accommodate enrollment.
All elementary school facilities wlth,n the EastLake Community will be financed by
participation in Community Facilities District No 1, which fully mitigates all project
impacts on schools. .
If you have any questions, ple~se contact me
Sincerely,
S\
4~ - '.'\. "':'-''-~(. ',!.....
Kate Shurson
Director, Planning & Facilities
KS:dp
)
co: Katy Wright ~ /J- 7 ?
M.._.____~·_.._ _._~..I.ke..m:o~.__
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-- THIS PAGE BLANK --
,
I
¡ ~ ;/- ?B-
RESOLUTION NO. J7'15~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION IS 94-19 FOR EASTLAKE GREENS
GDP/SPA
WHEREAS, the Environmental Review Coordinator conducted
an Initial Study, IS 94-19, of potential environmental impacts
associated with the implementation of the project; and,
WHEREAS, based on the Initial Study and comments thereon,
the Environmental Review Coordinator has concluded that there would
be no significant unmitigable environmental impacts and recommends
adoption of the Mitigated Negative Declaration issued on IS 94-19.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby adopt Mitigated Negative
Declaration IS 94-19 for Eastlake Greens GDP/SPA, on file in the
office of the City Clerk.
Presented by Ai: 1 t~
John P. Lippitt, Director of 0Bruce M.
Public Works Attorney
!
c: \rs\IS9419 \
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RESOLUTION NO. /7'157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESS-
MENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
has been presented and has received a map showing and describing the
boundaries of the area proposed to be assessed in an assessment district
under the provisions and authority of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the state of
California; said assessment district known and designated as ASSESSMENT
DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the
"Assessment District").
NOW, THEREFORE , BE IT RESOLVED AS FOLLOWS:
l. That the above recitals are all true and correct.
2. That a map of the Assessment District 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 OF ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS
II)" is hereby submitted, and the same is hereby approved and adopted.
3. That the original map of said proposed boundaries of the
proposed Assessment District and one copy thereof is to be filed in the
Office of the City Clerk.
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 time and place of hearing on the
formation or extent of said Assessment District, a copy of said map shall
be filed with the correct and proper 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 by
I I t 1)
;
[Bruce M.
John P. Lippitt Boogaar
Public Works Director City Attorney
/JIJ-J
------~_._----_.._--------'~-_.--- -.--.--.----
Resolution No.
Page Two
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Chula Vista, California, this day of , 1994,
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council held on the
_ day of , 1994.
Executed this _ day of , 1994.
Beverly A. Authelet, City Clerk
I/ß"';¿
_.----_._._---_._-_..._-~---_._..._---------
RESOLUTION NO. 17'ffY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A PROPOSED RESOLUTION OF INTENTION AND REQUESTING
CONSENT AND JURISDICTION FOR ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
proposes to acquire certain public works of improvement, together with
acquisition where necessary, appurtenances and appurtenant work, in a
special assessment district known and designated as ASSESSMENT DISTRICT
NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment
District"), and as set forth and described in the proposed Resolution of
Intention annexed hereto; and it is the opinion of this legislative body
that the purpose sought to be accomplished by said work, appurtenances
and improvements can best be achieved by a single comprehensive scheme of
improvement, with proceedings conducted pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California; and,
WHEREAS, it is required and hereby further requested that the
consent of the County of San Diego (hereinafter referred to as
"Consenting Agency" ) be procured to the making of said improvements,
acquiring necessary property and rights-of-way, if necessary, and
assessing benefited parcels, all as described in the proposed Resolution
of Intention, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1- That the above recitals are all true and correct.
2. That the proposed Resolution of Intention attached hereto be,
and the same is hereby adopted and approved as the proposed Resolution of
Intention for the acquisition of the work and improvements and appurte-
nances above referred to in the Assessment District, and that the consent
of the Consenting Agency is hereby requested for the following:
A. Formation of the Assessment District;
B. Authority to order acquisition of the improvements;
C. Authority to maintain said improvements, as appropriate;
D. Authority and power to acquire rights-of-way, where
necessary;
E. Power to assess benefited properties;
F. The assumption of jurisdiction by this legislative body
for all purposes in connection with the Assessment District;
G. The consent and approval of the enclosed proposed
Resolution of Intention; and,
H. Consent to and approval of the map forwarded indicating
the extent of territory included in the proposed Assessment District.
3. The City Clerk is hereby directed to forward a certified copy of
this Resolution, together with the proposed Resolution of Intention
attached hereto, and a copy of the map indicating the extent of the
territory included in the proposed Assessment District to the Consenting
Agency.
/1 C../
,- --..-.--.---.-.. - ---.-- -----".__...."._._..~------~_._--_..._--------.._------_."-_.-------.. ._.__._---~-_..- .~_._--,_._------_.--._.-
Resolution No.
Page Two
4. All of the works of improvement proposed to be acquired and all
of the properties to be assessed lie not only within the boundaries of
this City, but also exclusively within the jurisdictional boundaries of
the Consenting Agency.
5. This request for consent is made pursuant to the provisions of
section 10104 of the Streets and Highways Code of the State of
California.
6. That the City agrees to hold harmless and indemnify the Consent-
ing Agency, its officers and employees, from any and all causes of
action, claims, losses or damages which may arise, directly or
indirectly, from the action of the Consenting Agency in reviewing and
granting its consent to the formation of the proposed Assessment
District.
Presented by
John P. Lippitt Bruce M. Boogaar
Public Works Director City Attorney
//C,.z.
--- _.__._---~_._" --.-- .-
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Chula Vista, california, this day of , 1994,
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council held on the
day of , 1994.
Executed this _____ day of , 1994.
Beverly A. Authelet, City Clerk
/IC- 3
~-- _._-_..._-_.._~._"--,-
COUNCIL AGENDA STATEMENT
1:1.
Item_
Meeting Date 4/12/94
ITEM TITLE: . 17~r9..
Resolution Rescmdmg award of contract for Lauderbach Park
and Paseo Del Rey Park Play Area Renovation, returning bid bond and
authorizing readvertising for bids
SUBMITTED BY: Director of Public Works ~
Director of Parks and Recreatio~
REVIEWED BY: City Manager,j(:\ \XðtJ.~~ì (4/5 Vote: Yes_No X )
On November 23, 1993 Council awarded a contract to Zasueta Contracting Co. for the
renovation of Lauderbach and Paseo Del Rey parks play areas. The contractor was unable to
submit insurance which met the City's specifications and, as a result, cannot enter into a
contract. Zasueta Contracting has requested that we rescind the award and return the bid bond.
RECOMMENDATION: That Council approve the resolution which rescinds the award of the
contract to Zasueta Contracting Co. on Lauderbach Park and Paseo Del Rey Park Play Area
Renovation, returns the bid bond and authorizes staff to readvertise for bids.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The City advertised the subject project for construction bids on September 11, 1993 and received
bids from five contractors on October 6, 1993. The bids ranged from the low bid by Zasueta
Contracting Co. of $101,896.00 to the high bid of $155,984.50. On November 23, 1993 the
Council awarded the bid to the low bidder. Mr. Zasueta then went to his insurance agent to
obtain an insurance certificate for the City. His agent, Mr. James Swanson, determined that
under the City's specifications, Mr. Zasueta's insurance company, Golden Eagle, was
unacceptable. The City's specifications require the insurance be issued by a carrier with a
"Best's Rating of 'A-', Class V, or better", as well as being an admitted California carier.
Golden Eagle has a "Best Rating of 'B-', Class VIII, down from the previous year's rating of
'B'. The Best's Key Rating Guide, published by A.M. Best and Company rates all insurance
carriers who have been doing business for at least five years on a series of categories based upon
information supplied by the insurance companies. These categories generally rate the companies
financial , management and performance characteristics. These include: profitability;
capitalization; liquidity; Spread of Risk; Quality and appropriateness of the reinsurance program;
Quality and diversification of assests; adequacy of policy/loss reserves; adequacy of surplus;
capital structure; and management experience and objectives.
/;).../
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Page 2, Item I;J.
Meeting Date 4/112/94
Mr. Swanson and representatives of Golden Eagle Insurance Co. then met with the Assistant
City Manager, Assistant City Attorney, Acting Risk Manager and City Engineer to attempt to
persuade the City that Golden Eagle's insurance should be accepted by the City. One of the
points of discussion was that the City had, previously, waived the requirement to be a California
admitted carrier and that it would, in their opinion, be more appropriate to waive the Best rating
and accept Golden Eagle, a local insurance company. They also indicated that we are the only
City in the County that does not accept Golden Eagle. When an insurance company becomes
licensed to do business in the State of California, they operate, within this State, under the
California's laws and become known as a "California admitted" carrier. This includes a
contribution to the California Insurance Guarantee Association (CIGA) which establishes a
reserve for losses in the event a carrier becomes insolvent.
Staff agreed to research the subject further and get back to them with a final decision. Based
upon this research staff determined the following:
Golden Eagle has not met the City's expectations on insurance and bonding coverage on
at least two projects.
While Golden Eagle is covered under CIGA, the CIGA fund has a minimum requirement
of $500,000 statewide in it, but may have a greater amount, to cover claims in the event
a company becomes insolvent. How much a claimant could get from the CIGA fund is
dependent upon how many company's have gone insolvent and how many claims have
been presented for payment. In the event we had a large claim, the fund was low, and
the insurance carrier was insolvent, the City may only be protected to a low percentage
of that stated on the certificate. Most other states also have a fund similar to CIGA that
the City could put a claim against should the out of state based carrier become insolvent.
Such a fund is not an assurance that the City would have the claim paid, but that the City
"would have some recourse" to cover a loss. Therefore, the City should rely upon a
stronger company with less likelihood of insolvency, even if they are an out of state
carrier, rather than on CIGA. The only exception to this are companies that are
"offshore", i.e. foreign, companies.
A.M. Best has been rating insurance carriers since 1901 and are experts in this area.
City staff would be totally unable to provide even a limited review of all companies
providing certificates to the City. Best rates companies only after they have been in
business for a minimum of five years and have established that minimum period of a
track record.
Until 1992 Golden Eagle, being a new company, was not rated by Best's guide.
Therefore, under the specifications, which states "Where a company is not included in
Best's, it must be shown by clear and convincing evidence that it's financial
responsibility is equal or greater than the rating set forth..." Golden Eagle was allowed
1.2".2.
"------- __.____._.___.___,__,_.~_.______._ _0_'. ,~---_.._._.~- ,".--.--~._---.,.--..-.--~.-------~-_._----'
Page 3, Item J,,2
Meeting Date 4/112/94
to submit certificates of insurance after a review by the then Risk Manager, Assistant
City Attorney, and City Engineer pending release of a rating by A.M. Best. In
submitting his bid Zasueta was relying upon his previous understanding that Golden
Eagle had been acceptable. Had he known that his carrier was not acceptable to the City
it is our understanding that he would not have bid on the project.
At least two other San Diego County cities have indicated in an informal survey by the
City Engineer that they follow the same specifications and do not accept Golden Eagle.
Those two cities are Carlsbad and Vista. This survey also determined that some of the
cities do not follow up on their requirements, either through lack of knowledge or lack
of staff, even though their specifications are the same as ours and have accepted Golden
Eagle. Other cities have modified their specifications downward in order to accept
Golden Eagle beacuse they are a San Diego based firm. One City in particular (EI
Cajon) lowered their specification to accept a Best rating of "B, Class VI" after an appeal
by Golden Eagle to that City Council. In their first rating and at that time Golden Eagle
met those criteria. Their Best rating has since gone down to "B-". That particular City
was still accepting Golden Eagle and was unaware that they no longer met their
specifications.
Unfortunately, because of the complexity of the insurance field, the numerous issues, and the
desire to accomodate Zasueta if at all possible, it took City staff until mid-March to complete
the review. Based on the long delay and the reliance by Zasueta on previous acceptance of
Golden Eagle by the City, it is staff's recommendation that we rescind the award of the contract
to Zasueta and return their bid bond.
Staff has also reviewed the alternatives available on this project. These include: 1) requiring
Zasueta to enter into the contract, 2) allowing him out of the contract, but putting in a claim
against his bid bond, 3) awarding the bid to the second bidder, or 4) readvertising the project.
For the reasons stated above staff does not recommend either alternatives one or two.
The second low bidder, Heffler Co. Inc., was contacted and they indicated that they would
honor their previous bid. Heffler's bid was $125,109.75, or $23,213.75 above Zasueta's bid
of $101,896.00. The original engineer's estimate was $80,000. Staff feels that by rebidding
the project we would get a new bid lower than the current second low bid, but not necessarily
as low as Zasueta's low bid. Therefore, staff recommends that we be authorized to readvertise
the project after rescinding the award to Zasueta. Obviously Zasueta would be barred from
rebidding this project.
FISCAL IMPACT:
The total amount of funds required for construction based upon Zasueta's bid was $119,500
including the contract amount, contingencies and staff costs for design and inspection. If the
project were awarded to Heffler Co., the new total amount of funds required for construction
/,2,3
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Page 4, Item I,;J.
Meeting Date 4/112/94
would be $146,000. That figure is based upon the bid of $125,109.75 plus contingencies and
staff costs. The contract would be funded under project numbers PR-146 and PR-183.
Sufficient funds are available in those accounts to fund construction either through soliciting new
bids or accepting the current second low bid. The difference between the second low bid and
Zasueta's bid could be recovered from the bid bond. Therefore, releasing the bid bond costs
the City $23,213.75 if it is determined that the second bid should be accepted. If we advertise
for new bids the impact of releasing the bid bond would not be known until the bids are opened.
CLS;M:HOME\ENGINEER\AOENDA\ZASUETA.CLS
PR-146/JR-070
I~·o/
.. ^ ^. --"--'-'-'--~-----'--~-'~-- --,-----_.,._--_..._-----_.._--_.~
RESOLUTION NO. 17'159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING AWARD OF CONTRACT FOR
LAUDERBACH PARK AND PASEO DEL REY PARK PLAY
AREA RENOVATION, RETURNING BID BOND AND
AUTHORIZING READVERTISING FOR BIDS
WHEREAS, on November 23, 1993 Council awarded a contract
to Zasueta contracting Co. for the renovation of Lauderbach and
Paseo Del Rey parks play areas; and,
WHEREAS, the contractor was unable to submit insurance
which met the city's specifications and, as a result, cannot enter
into a contract; and,
WHEREAS, Zasueta Contracting has requested that we
rescind the award and return the bid bond; and,
WHEREAS, it is staff's recommendation that we rescind the
award of the contract to Zasueta and return their bid bond and
readvertise for bids in that by rebidding the project we would get
a new bid lower than the current second low bid, but not
necessarily as low as Zasueta's low bid; and,
WHEREAS, therefore, staff recommends that we be
authorized to readvertise the project after rescinding the award to
Zasueta and obviously Zasueta would be barred from rebidding this
project.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby rescind the award of the contract
to Zasueta contracting company for Lauderbach Park and Paseo Del
Rey Park Play Area Renovation.
BE IT FURTHER RESOLVED that staff is ereby aut 0 ized to
return the bid bond and is authorized to re a ertise fo b'ds.
Presented by C
John P. Lippitt, Director of ity
Public Works
c: \rs\zasueta
1.2 ..f'
_ .-"-- ---_..,_.~----_._~_._--~~------_.~~-
03-30-1994 02:37PM FROM Swanson Insurance TO 6915171 P.01
~
- .
£WANSON INSURANCE AGENCY
1161 E. Main Street Suite 20 I
EI Cajon. Ca 92021
(619) 440-3708 Fax(619) 588-1917 Was nollf
.
-
'"~~. -
."....- .,' ..,
P'9E'~I)C¡"·....t- _'''',
t .
March 30 1994 L.
Cliff Swanson
City of Chula Vista
276 Fourth Ave
Chula Vista, Ca. 92010
Re: Edward A. Zasueta
Dear Cliff,
Per our telephone conversation, I am sending you a request that the City of Chula Vista
release Mr. Zasueta's bond in regards to Luaderbach Park and Paseo Del Rey Park area
renovation (PR-146).
Mr. Zasueta has been waiting for a final answer to the possible acceptance of Golden
Eagle Insurance Company since early in Docombor. When I met with you and soveral
others in early December, I was told that I would have an answer by the end of the year on
Mr. Zasuota's project. but that a formal policy would be establishod after Terri McFarland
came on board. This date was projected as 1-31-94. The decision on Mr. Zasueta was just
given on March 22. 1994.
The reasons for releasing Mr. Zasueta's bonds are as follows:
1. The City has previously made exceptions to the bid specs that wore given to Mr.
Zasueta by accepting Golden Eagle in the past and more currently, accepting non-admitted
insurers in leau of being admitted. The specs therefore have not been followed to the
letter.
2. Mr. Zasueta has had to pass up numerous jobs in the past few months thereby costing
bim money because his bonding capacity was being tied up.
3. The City of Chula Vista is the only city that Mr. Zasueta has dealt with that will not
accept Golden Eagle, thereby necessitating him to obtain otber insurance at a much higher
rate in order to fulfill this one job,
4, In coversations with both Ms. McFarland and Dennis Davies, I was told that the city
would release the bond in view of all the probloms that have occurred if Mr. Zasueta sent a
letter requesting this.
/.).*/
--'--._'~- --- ,_.__~.. ..__.O.u.__"...."....._···,___._..___......_ .._...._""'_...
- -------.
03-30-1994 02: 38PI1 FROM Swanson Insurance TO 6915171 P.02
,
Cliff, I believe the City has every right to choose whom they wish to deal with. but they have
taken unfair advantage in this case by taking over 3 1/2 months to make this decision. Mr.
Zasueta has been with Golden Eagle for a number of years and would like to continue with
them.
Thanks for all your help in this matter,
James v, Swanson ele
President
js
j~-r
TOTAL P.02
^"'.-.- ._-_.~----
COUNCIL AGENDA STATEMENT
ITEM I;I
MEETING DATE April 12, 1994
I ?1/~tJ
ITEM TITLE: Resolution Approving change Order No. 3 with
Douglas E. Barnhart Inc. for landscape and
irrigation installation adjacent to the South Chula
vista Library and authorizing the Director of
Public Works to execute the change order on behalf
of the City 0.0' /
SUBMITTED BY: Director of Public worksf¡nYl/
Library Director~
REVIEWED BY: City Manager~ ~~ (4/5ths vote: Yes_No-1L)
On November 2, 1993, Council awarded the construction contract for
the South Chula vista Library to Douglas E. Barnhart, Inc. In
order to bring the project within budget four deductive alternates,
in the amount of $115,371, were deducted and a change order in the
amount of $464,783 was negotiated. It is now necessary to add
back in two elements which were part of that negotiated change
order (landscaping and irrigation system installation).
RECOMMENDATION: That Council approve Change Order No. 3 inclusive
and authorize the Director of Public Works to execute it on behalf
of the city.
BOARD/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
The two elements outlined in this change Order, public right-of-way
landscaping and irrigation controllers, were originally part of the
bid package for the South Chula vista Library. When the bids came
in over the engineer's estimate, the Project Team not only deducted
the four deductive alternates, but through value engineering, also
negotiated a series of changes in scope of work designed to bring
the project within budget.
The total amount of change Order No.3 is $22,182 and includes:
Public Riqht of Way LandscaDinq
The first element is the groundcover planting and landscaping in
the public rights-of-way and medians. This element was originally
part of the Fourth Avenue and orange Avenue street improvements
project (STI5l). However, the Public Works Department requested
that it be included in the South Chula vista Library bid package to
ensure that the same vendor installed all the landscaping on or
adjacent to the site, to ensure that the installation was timed
correctly, and to take advantage of bulk pricing in order to
13.../
___~..__ __ _ UH_._ __________" .._.._..~_..
Page 2, Item I~
Meeting Date 4/12/94
purchase more attractive and mature trees. The funding for this
right-of-way and median landscaping was included within ST151.
When the Library project bid was received, the landscaping and
irrigation work for the Orange Avenue and Fourth Avenue rights-of-
way were dropped from the Library contract because the bids were
higher than the Engineer's estimate. We next considered keeping
the landscaping/irrigation work with the street improvement
contract since the. funds for this work were already in the ST151
account. This decision gave staff the option to negotiate a change
order with Granite Construction Co., the street improvement work
contractor, to add the landscaping/irrigation work to their
contract. After further consideration of the advantages and
disadvantages to the City, the contractors and the timing of both
projects, staff concluded that it still was advantageous to include
this work with the Library contract. We have now negotiated a
change order with Douglas E. Barnhart to accomplish this work.
The scope of work is as follows:
Provide labor, materials and equipment to add 37- 36" Rhus
Lancea street trees, groundcover planting, and appropriate
irrigation at right-of-way and medians in accordance with the
library project landscape plans.
Add: $18,682. This is the exact amount negotiated as a value
engineered reduction.
As required by the California Library Construction and Renovation
Bond Act, this element of the Change Order has been approved by the
Library Bond Act Manager.
Irriaation Controllers
Again as part of the efforts to value engineer the project down to
the cost estimate, a reduction of $3,500 was negotiated to change
irrigation controllers to two Irritrol Mc Plus and delete PRS
assembly. Unfortunately, in the effort to finalize the first
change order, the al ternati ve proposal was not approved by the
Parks and Recreation Landscape Architect. He has now requested
that the Griswold IDC series controller assembly be included back
into the project plans in order to insure that the irrigation
system will be up to the current city standards.
The scope of work is as follows:
Provide labor, material, and equipment to add the Griswold IDC
series two controller assembly as included in the pro j e c t
plans.
/ .J ..,)...
.-....- . ._,--,._---_.,._"'-~,_._---"..,...._----_.__._-~--------'~--'
Page 3, Item 1;3
Meeting Date 4/12/94
Add: $3,500. This is the exact amount negotiated as a value
engineered reduction.
As required by the Library Construction and Renovation Bond Act,
this element of the Change Order has been approved by the Library
Bond Act Manager_
Previous Chanqe Orders
change Order No.1, in the amount of -$464,783, was for the
negotiated credits approved by Council at the time of the award of
bid to Douglas E. Barnhart on November 2, 1993.
Change Order No. la, in the amount of $7,302.46, was for Course of
Construction Insurance ($6,900) and for the removal of concrete
footings ($402.46). This change Order was approved by the City
Manager.
change Order No.2, in the amount of $4,910, was to add one (1) 5-
inch conduit in addition to the three (3) 5- inch conduits already
provided for S.D.G.& E. feeder bank ($2,281), for revised glu-Iam
beam length and connection details ($1,070), and to add two
junction boxes to under floor duct reflecting changes in the
furniture layout. This Change Order was approved by the Director
of Public Works.
All previous change orders were approved by the Library Bond Act
Manager as required under the Library Construction and Renovation
Bond Act.
Staff anticipates that another owner generated change order to
ensure the highest quality carpet, costing approximately $35,000,
will be brought to Council within the next few weeks.
FISCAL IMPACT:
The proposed change order totals $22,182.00. Of this amount,
$18,682.00 is for the landscaping and irrigation installation
within the Fourth Avenue/Orange Avenue rights-of-way. Funding for
this portion of the change order is available in Fund 603-6030-
ST151. The remainder ($3,500) is for the installation of two
irrigation controllers within the library site. Funding for this
portion of the change order is available in the Library's
contingency fund. The total aggregate of change order work funded
with library construction funds (#1 through #3, inclusive) totals
$15,714.46, or 0.24% of the bid award. The balance of the
library's contingency fund will be $593,497.54 after the deduction
of the proposed $3,500 change in work.
I :J';J
..,._----~._.._....~._-,.
RESOLUTION NO. I 7 ~ tb
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 3 WITH
DOUGLAS E. BARNHART INC. FOR LANDSCAPE AND
IRRIGATION INSTALLATION ADJACENT TO THE SOUTH
CHULA VISTA LIBRARY AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE
ORDER ON BEHALF OF THE CITY
WHEREAS, on November 2, 1993, Council awarded the
construction contract for the South Chula vista Library to Douglas
E. Barnhart, Inc. ; and,
WHEREAS, in order to bring the project within budget four
deductive alternates, in the amount of $115,371, were deducted and
a change order in the amount of -$464,783 was negotiated;, and
WHEREAS, it is now necessary to add back in two elements
which were part of that negotiated change order (landscaping and
irrigation system installation); and,
WHEREAS, the proposed change order totals $22,182 and of
this amount, $18,682.00 is for the landscaping and irrigation
installation within the Fourth Avenue/Orange Avenue rights-of-way
with funding available in Fund 603-6030-ST151; and the remainder of
$3,500 is for the installation of two irrigation controllers within
the library site and funding is available in the Library's
contingency fund.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby approve change Order No. 3
with Douglas E. Barnhart Inc. for landscape and irrigation
installation adjacent to the South Chula vista Library in the
amount of $22,182_
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to execute the change order on behalf of the
city.
Presented by :.y
~ruce M.
John P. Lippitt, Director of ity
Public Works Attorney
C:\rs\library.co3
/ .J -L/
.,.------------------------.-
S~ATE LIBRARY INITIATOR ~ 3
PROJECT NO, P86-032
CITY OF CHULA VISTA
CHANGE IN CONTRACT
CHANGE ORDER NO: 003
DATE: MARCH 17, 1994
JOB * LB-125
CONTRACT: South Chula Vista Library
CONTRACTOR: Douglas E, Barnhart Inc,
The following addition shall be made to INCREASE the contract
executed September 22, 1993 between the City of Chula Vista and
Douglas E. Barnhart Inc.
REMARKS AND DETAILS: Changes in plans and specifications at an
agreed upon price. Change order ~ 003 includes several proposals
which are all requested by either City staff or by the Architect to
enhance the remodel project at the South Chula Vista Library. An
itemized breakdown follows:
SEE ATTACHED DOCUMENTATION
CHANGE ORDER *003 SUM: $ 22,182.00
ORIGINAL CONTRACT AMOUNT $ 5,973,201.00
PREVIOUS CHANGE ORDERS TOTAL $ 12,212.46
PREVIOUS CONTRACT AMOUNT $ 5,985,413.46
THIS CHANGE ORDER NO,003 $ 22,182.00
REVISED TOTAL CONTRACT $ 6,007,595.46
It is agreed by the undersigned that all extra work shall be
performed and material furnished in accordance with the original
contract and in accordance with the statement, if any, attached
hereto.
.
APPROVED BY: APPROVED BY:
~ep.. ct~_W
John D, Goss Douglas E, Barnhart
City Of Chula Vista Owner
City Manager Douglas E. Barnhart Inc.
ORDERED BY: GENERATED BY:
Qt~~ ~~ "l~\\q'i-
fì;;A~~v
Dick Thompson
City Of Chula Vista /.1".>' Project Manager
Building Project Supervisor Starboard Construction Inc,
- ---,..._----_..._,.._.-..,.__._~._,.__.,~----~~_._--"-.------
SUMMARY OF CHANGE ORDER NO. 003
l. The City Of Chula Vista Engineering Department has
requested the South Chula Vista Library project
construct the landscape improvements in the Public
Right Of Way which is part of the Engineering project
to construct all right of way improvements surrounding
the library site. The engineering department is funding
these improvements through account 116036030 st 15l. The
scope of work is as follows:
Provide labor, materials and equipment to add 37- 3611
Rhus Lancea st::eet trees, ground cover planting, and
appropriate i::rigation at Right-Of-Way and medians in
accordance with the project landscape plans.
ADD: $ 18,682,00
2 . Provide labor, material, and equipment to add back the
Griswold IDC series two controller assembly included in
the project plans. This was value engineered out of the
project Contract signing, However, the City Landscape
Architect requested that the Controllers be added back
into the project to bring the irrigation system up to
current City Standards,
ADD: $ 3,500.00
.
I:J'?
.,-... ~~
-_._~_.._------- _ ------- - -"---- ---..-- ....--...,--.--....-..-------
CONSTRUCTION CONTINGENCY
FISCAL INFORMATION
CONSTRUCTION CONTINGENCY
Original Contingency Allowance $ 609,210.00
Net Change All Previous Change Orders <12,212.46>
Contingency Allowance Balance Available 596,997.54
BUDGET INCREASE FUNDING SOURCE
ACCOUNT ~ 603603 8T 151 BY 18,682,00
Net Change This Change Order ~ 003 <22,182.00>
New Contingency Allowance Balance $ 593,497.54
,
/3-1
.,-------- .~--.."---_.._---_._._-,~~.~-----------~-
CITY OF CHULA VISTA
Project: LE-125 Contractor:
South Chula Vista Library Barnhart Construction
Date of Original Completion: Added Days due to Rain:
Dec 5, 1994 10
Added Days due to Change Orders: Substantial Completion Date:
NONE DEC. 15, 1994
Original Contingency: Remaining Contingency:
$609,210.00 $593,497.54
Original Contract Amount: Contract sum to date:
$5,973,201,00 $6,007,595,46
Ballance to complete: % of total Contract
$4,839,715.46 19.44%
Total amount payed: Total of change orders:
$1,167,880.00 $34,394,46
% of cost overrun Total Funds Available
0.58% $6,548,016.54
===:=========================================================
REQUEST REQUEST PAYMENT APPROVED PERCENT
NUMBER DATE DUE ADDITIONS COMPLETED
1 12/31/93 $198,418,00 3.30%
C,O.H 1/20/94 $7,302.46
2 1/31/94 619,301.00 10,31%
C.O,n2 2/15/94 $4,910.00
3 2/28/94 350,161.00 5.83%
C,O,n3A 3/17/94 >$18,682,00<
C.O.n3 3/17/94 $22,182.00
.
1.1"'~
---.'-~-...--~-'._-_.
SOUTH CHULA VISTA LIBRARY
CHANGE ORDER ~~ALSIS REPORT
3/17/94
Code Category Cost '% of C.O. % Change
1 Code Requirement 0,00% 0,00%
2 Unforseen Job Conditions 0.00% 0.00%
? Scope Change By Owner $3,500.00 15.78% 0.59%
~
4 Result of Cost/Benefit Study 0.00% 0.00%
5 Budget Adjustment $18,682,00 84.22% 3.1S9ó
6 Error/Omission-Value Added 0.00% 0.00',
7 Error/Omission-Not Value Added 0.00% 0.00',
8 Future Use O,OO?, O.OO?,
TOTAL CHANGE ORDERS $22,182,00 100.00% 3,74?¡
Assumptions:
a.Change based $593,497.54
.
/3'7
...._..-.... -..-..-.---'" . ..."._-,._.._._-_..._-_.._--_.._------_.~----
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4/12/94
/7'1'1
TIEM TITLE: Resolution authorizing temporary street closures on May 28, 1994,
for a 5Ki5 Mile road race sponsored by the Bonita Road Runners
SUBMITrED BY: D.""", of PM'" Md Ntio&
REVIEWED BY: City Manager ~ b ~ ...j (415ths Vote Yes_NolO
The Bonita Road Runners organization is requesting permission to conduct a 5K and 5 Mile road
race around Rohr Park on Saturday, May 28, 1994.
RECOMMENDATION: That the City Council approve the Resolution subject to staff
conditions.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Bonita Roadrunners organization is requesting permission to conduct their
tenth annual road race on Saturday, May 28, 1994. A large portion of the race is to be conducted
on the streets surrounding Rohr Park, including Sweetwater Road, Bonita Road, Central Avenue and
Willow Street. Maps of the proposed race routes are attached (Attachments A and B).
The 5K race is scheduled to start at 7:30 AM, and the 5 Mile race will begin at approximately 8:15
AM. The Roadrunners are expecting approximately 450 participants. AIl runners are expected to
complete the races and be clear of City streets by 9:30 AM. The routes and race times are identical
to those used during the 1993 event.
The sponsor is requesting support from the Chula Vista Police Department to coordinate traffic
control for the event. This control will include temporary street closures that will result in traffic
delays on Willow and Sweetwater. The sponsor has requested that the north bound lane of Willow
Street be closed to vehicular traffic during most of the race to allow race participants a better
corridor of safety as they cross the Willow Street bridge. The Police Department will monitor traffic
in this area, and will allow for single lane traffic flow both north and south bound on an alternating
basis. Sweetwater Road will be closed temporarily on two occasions to allow for the start of both the
races. Traffic should not be affected on Central and Bonita. AIl costs associated with this support
will be reimbursed to the City by the Roadrunners.
The sponsor is also requesting support from the Parks and Recreation Department to help them
facilitate parking and pre-and post race activities in Rohr Park. The sponsor will pay for all costs
incurred by the Department.
Approval of the request shall be subject to the following staff conditions. The Bonita Roadrunners
shall:
wp\bonltaSIt.113[April6, 1994] 1
I'I~ /
- -.,..-- --------_._----~-~--~,_._~~-----
ItemE
Meeting Date 4/12194
1. Provide evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement, which names the City of Chula Vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along the entire race course, as
determined by the Police Department. The cost for said arrangements will be reimbursed to
the City by the sponsor.
4. Make arrangements to provide adequate parking control, and crowd control, as determined
by the Police Department. The cost for said arrangements will be reimbursed to the City by
the sponsor.
5. Make arrangements to clean-up any litter generated by the event along all roadways and in
Rohr Park.
6. Post signage along the perimeter of the course notifying residents that the event will occur.
Said signage shall be posted at least 72 hours in advance of the event.
FISCAL IMPACf: None. All required Police and Parks and Recreation Department costs will
be paid for by the Bonita Roadrunners. Estimated costs are indicated below:
Parks and Recreation - $90.00
Police - $850.00
Attachments "A" and "B" - Site Diagrams NOT SCANNED
wp\bonitaSk.113(April6,1994] 2
I t/ ~,;...
.-_._._----_..__._....~.._,._---,..._-_.,.. ~"-~'-'- -----+._-~_._~---,_.__..-
RESOLUTION NO. 171{(,1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MAY 28, 1994, FOR A 5K/5 MILE ROAD
RACE SPONSORED BY THE BONITA ROAD RUNNERS
WHEREAS, the Bonita Road Runners organization is
requesting permission to conduct a 5K and 5 Mile road race around
Rohr Park on Saturday, May 28, 1994; and
WHEREAS, a large portion of the race is to be conducted
on the streets surrounding Rohr Park, including Sweetwater Road,
Bonita Road, Central Avenue and willow Road; and
WHEREAS, the 5K race is scheduled to start at 7:30 A.M.,
and the 5 Mile race will begin at approximately 8:15 A.M. with the
approximately 450 participants expecting to complete the races and
be clear of City streets by 9:30 A.M.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize temporary street
closures on May 28, 1994 for a 5K/5 Mile road race sponsored by the
Bonita Road Runners subject to the following staff conditions:
1. Provide evidence of general liability insurance in the amount
of $1 million, in the form of a certificate of insurance and
policy endorsement, which names the City of Chula vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along
the entire race course, as determined by the Police
Department. The cost for said arrangements will be reimbursed
to the City by the sponsor.
4. Make arrangements to provide adequate parking control, and
crowd control, as determined by the Park Ranger. The cost for
said arrangements will be reimbursed to the city by the
sponsor.
5. Make arrangements to clean-up any litter generated by the
event along all roadways and in Rohr Park.
6. Post signage along the perimeter of the course notifying
residents that the event will occur. Said s' nage shall be
posted at least 72 hours in advanc~ f the e
/
Presented»y APi> ~ t
Jess Valenzuela, Director of tBruce M.
Parks and Recreation Attorney
F:\ho.e\attorney\bonita5K I¥'" J
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COUNCIL AGENDA STATEMENT
Item 15'
-
Meeting Date 4/12/94
ITEM TITLE: Report on Eastlake Affordable Housing Implementation Program and
Proposed Task Force
SUBMITTED BY: Director of Planning /-wt S
Director of Community Development V ~ ·
REVIEWED BY: City Manager J~ ~~ (4/Sths Vote: Yes_NoX)
On December 14, 1993, the City Council approved a General Plan Amendment for a portion of
the Eastlake planned community. In co~unction with their action on this matter, the Council
agreed to consider formation of an ad hoc affordable housing task force to assist in the creation
of an affordable housing implementation program for the Eastlake planned community. The
purpose of this report is to set forth a proposed work program for the development of this
affordable housing program, and to recommend the specific composition of a task force to assist
in developing the program.
RECOMMENDATION:
It is recommended that the City Council:
1) approve the attached "program statement" for the Eastlake Planned Community
Affordable Housing Task Force; and
2) approve the recommended composition of the Task Force, and direct staff to solicit
nominations for [mal approval by the City Council at a later date.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In conjunction with City Council's action approving a General Plan Amendment for a portion
of the Eastiake planned community (which included part of Eastlake Greens as well as an area
which was added to Eastlake through a "land swap" with the Baldwin Company), the City
Council reaffirmed the requirement for Eastlake to develop and implement an affordable housing
program for Eastlake Greens. In addition, the City Council agreed to consider the formation
on an ad hoc affordable housing task force, which would assist in the development of an overall
affordable housing implementation program for the Eastlake planned community (see attached
City Council Resolution No. 17309, page 6, Sections XIII and XIV).
J~J
_".._.__..________.,._~_w._,.__.._.___,_.. _._+_..._~_~__.._..._
Page 2, Item If
Meeting Date 4/12/94
The Council resolution on this matter further stated that "the City Council shaH appoint the Task
Force members, which shall be selected from at least one representative of the following: (1)
Resident of Eastlake, (2) Eastlake Development Company, (3) City of Chula Vista Planning
Commission, (4) Individual versed and knowledgeable in the requirements and feasibility of
providing affordable housing, and (5) City of Chula Vista staff" (Section XIV. C).
City staff has subsequently met with representatives of the Eastlake Development Company to
prepare a work program and schedule for the development of the affordable housing
implementation program, and to more clearly define the composition of the task force. With
regard to the work program, Eastlake representatives submitted the attached "Eastlake Planned
Community Affordable Housing Task Force Program Statement." This program statement sets
forth the overaH purpose of the task force and resulting affordable housing program, as well as
the specific issues to be considered by the Task Force over a series of 6 meetings. City staff
agrees with the overaH approach set forth in this program statement. Staff from the Planning
Department and Community Development Department would work with Eastlake staff to prepare
materials for the meetings of the Task Force, and City staff would prepare a final written report
transmitting the recommendations of the Task Force for approval by the Task Force at its final
meeting.
With regard to the composition of the Task Force, it is recommended that representatives of
each of the groups listed in Council Resolution No. 17309 be selected as foHows:
1) Residents of Eastlake (2 members) - request Eastlake I Community Association Board
of Directors and Eastlake II Community Association Board of Directors to each nominate
a representative (this representative could be either a Board member or other interested
resident) ;
2) Eastlake Development Company (2 members) - request Eastlake Development Company
to nominate representatives;
3) Plannin!! Commission (1 member) - request the Planning Commission to nominate a
representative;
4) Individuals versed and knowled!!eable in affordable housin!! (2 members) - request
Community Development Department staff to solicit names from two or three local or
regional housing providers;
5) Citv staff (2 ex-officio members) - Planning Department and Community Development
Department would each assign a staff member to participate on a non-voting basis.
If City Council agrees with the proposed composition of the Task Force as outlined above, City
staff will contact each of the groups as indicated and request nominations in the next 2-3 weeks.
1>',1.
" ------ . "__.__._ "",_.,_u_.,._,._,_, _. _.._----------~._-- ----. -
Page 3, Item 1.5"
Meeting Date 4/12/94
We will then return to Council for final approval of the Task Force members, and will initiate
the first meeting of the Task Force in May.
FISCAL IMPACT: Planning Department staff time spent on this project will be reimbursed
by the Eastlake Development Company through a development processing reimbursement
agreement and deposit account. Community Development Department staff time will be charged
to Redevelopment Low and Moderate Income Housing Funds, at an estimated cost of $3,000-
4,000 to those Funds.
Attachments:
A: City Council Resolution No. 17309NOTSCANNEp
B: Eastlake Planned Community Affordable Housing Tas Force Program Statement
(F: \home\planning\elathous .all)
15'3 //:J-~
._~_.--....- ..-..-_....._._._.._._--_._._--~~.__._---_.._-~._.._.._- .
I
ATTACHMENT A
( RESOLUTION NO. 17309
(
A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN
THE EASTLAKE GREENS COMMUNITY, SOUTH OF EAST LAKE HIGH
SCHOOL AND ON BOTH SIDES OF THE EXTENSION OF EASTLAKE
PARKWAY
I. Recitals.
A. Project SHe.
WHEREAS, the area of land which is "subject of this resolution is
diagrammatically represented on Attachment A, attached hereto and"
incorporated herein by this reference; is commonly known as the
EastLake Greens General Plan Amendment; and for purposes of general
description herein consists of approximately 74 acres (reconfigured
from the original request for 51 acres) located within the EastLake
Greens community on the west side of the southerl( extension of
EastLake Parkway, south of EastLake Hi~h School Sub-Area 1 on
Attachment A) and east of the souther y extension of EastLake
Parkway, south of EastLake Greens Gol f Course (Sub-Area 2 on
Attachment A) ("Project Site"); and,
! B. Project.
(
WHEREAS, a person having control over all or a portion of the
development of the Project Site, to-wit: the EastLake Development
Company ("Developer") has applied to the City for approval of an
amendment to the General Plan for 74 acres (reconfigured from the
original request for 51 acres) located within the EastLake Greens
community. The request generally consists of an amendment to the
General Plan Land Use Diagram from Low Medium Residential (3':6
du/ac), Public/Quasi-Public and Open sf¡ace, to Medium Residential
(6-11 du/ac), Medium-High Residential 11-18 du/ac), Public/Quasi-
Public (reconfigured) and. Open Space, and that the alignment for
EastLake Parkway as shown on the General Plan land use and
circulation diagram be adjusted ("Project"); and,
C. Prior City Council Action.
WHEREAS, the City Council, as Condition No. 44 of Resolution No.
15200 adopted July 18, 1989, for the EastLake Greens Tentative
Subdivision Map ("Tentative Map"), required a low and moderate
income housing program with an established goal of a 5% low and 5%
moderate ("Condition No. 44"), and deferred said low and moderate
income housing condition pending further evaluation of the General
Plan density policies as they relate to parcels R-26 (Sub-Area 1 on
, Attachment A), R-24, R-25, R-27 and R-28; and,
,
I WHEREAS, the Project allows review of the affordable housing
requirements for the EastLake Greens development and the opportunity
for the preparation of an affordable housing program; and,
/~i .
. .-..---.---.'---..-.'---------.-.----.-------------
-
t
Resolution No. 17309
Page 3
(
( City Clerk, which finds that the Project would have no significant impacts
which were not analyzed in EIR-86-D4 for the EastLake Greens SPA Plan and
Tentative Subdivision Map, known as document number C093-265, a copy of
which is on file in the office of the City Clerk.
The City Council of the City of Chula Vista has reviewed, analyzed and
considered EIR 86-04, and the Addendum thereto, the environmental impacts
therein identified for this Project; the Candióate Findings of Fact
("Findings" or °CEQA Findings"), known as document number C093-262, a copy
of which is on file in the office of the City Clerk, and the proposed
. mitigation measures contained therein, the Mitigation Monitoring and
Reporting Program ("Program"), known as document number C093-263, a copy
of which is on file in the office of the City Clerk, and the Statement of
Overriding Considerations, known as document number C093-264 , a copy of
which is on file in the office of the City Clerk, all of which are
incorporated herein by this reference, prior to approving the Project.
IV. Certification of CompHance with CEQA.
The City Council does hereby find that EIR 86-04, and the Addendum
thereto, the Candidate CEQA Findings, the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations have
I been prepared in accordance with requirements of the California
. Environmental Quality Act, the State EIR Guidelines, and the Environmental
! Review Procedures of the City of Chula Vista.
V. Independent Judgment of City Council
The City Council finds that EIR-86-04, and the Addendum thereto, reflects
the independent judgment of the City of Chula Vista City Council.
VI. Conditional Approval of General Plan Amendments.
The Chula Vista General Plan Land Use diagram of the City's General Plan
is amended so that the portion thereof as shown in that portion of
Attachment A labeled Subarea 1 and Subarea 2, attached hereto, is hereby
amended to reflect the land use designations for such subareas shown on
Attachment A, incorporated herein by this reference, subject to the
General Conditions hereinbelow set forth.
VII. General Conditions of Approval.
The approval of the foregoing Discretionary Approvals Application which is
stated to be conditioned on "General Conditions" is hereby conditioned as
, follows:
I A. Implement Mitigation Measures.
/57-f
- -" .._~------_._~_.~....._._-------,---_.
I
Resolution No. 17309
.page 5
'.
i D. Adoption of Mitigation Monitoring and Reporting Program.
As required by the Public Resources Code Section 21081.6, the City
Council hereby adopts the Mitigation Monitoring and Reporting
Program ("Program"). The Council hereby finds that the Program is
desi~ned to ensure that during project implementation the
perm1ttee!project applicant and any other responsible parties
implement the project components and comply with the feasible
mitigation measures identified in the Findings and the Program.
E. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures and any
feasible alternatives, certain significant or potentially
significant environmental effects caused by the project, or
cumulatively, will remain. 'Therefore, the City Council of the City
of Chula Vista hereby issues, pursuant to CEQA Guideline Section
15093, a Statement of Overriding Considerations in the form set
forth in document number C093-263, identifying the specific
economic, social, and other cOnsideratiDns that render the
unavoidable significant adverse environmental effects acceptable.
X. Notice of Determination
{ The Environmental Review Coordinator of the City of Chula Vista is
t directed after City Council approval of this Project to ensure that a
Notice of Determination is filed with the County Clerk of the County of
San Diego.
Xl. Invalidity; Automatic revocation.
It is the intention of the City Council that its adoption of this
Resolution is dependent upon the enforceability of each and every term,
provision and condition herein stated; and that in the event that anyone
or more tenns, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further
force and effect ab initio.
XII. One General Plan Amendment.
It is the intention of the City Council that its action on the EastLake
Greens GPA, by its action on this Resolution, and its action on the
General Plan Amendment for the EastLake Land Swap and the companion Otay
Ranch Project and its action on the EastLake Greens GPA (GPA-93-04) be and
is one General Plan Amendment for the purposes of the state law limitation
on the number of allowable General Plan Amendments in one year.
(
i
Iyt
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·
I ,
· .I
Resolution No. 17309
· Page 7
.
. .
(
( knowl edgeabl e in the requi rements and feasi bi 1 i ty of providi ng
affordable housing, and (5) City of Chula Vista staff.
XV. Resolve to Consider Community Purpose Facility Zone in Planned Community
Regulations.
City Council hereby resolves, for the sole benefit of itself, to consid~r
creating a Community Purpose Facility Zone in the Planned Community
Regulations applicable to land shown in that portion of Attachment A
containing a land use designation of "MH" in Subarea 1 (OMH Portion of
Subarea I") at the time the Council adopts Planned Community Regulations,
which is expected to be at the time the Council approves either the
General Development Plan or the Sectional Planning Area Plan.
A. Council to Consider Permitting Transfer of Density.
On the condition that Council approves a Community Purpose Facility
zone with the permission of the Owner in MH Portion of Subarea I,
Council is resolved, for its own benefit only, to increase a
comparable amount of residential units displaced by such Community
Purpose Facility zoned area within other Community Purpose Facility
sites and/or areas within EastLake.
(
( XVI. Resolve to Cons i der the Submi tta 1 of a Consoli dated EastLake General
Development Plan.
The Council hereby resolves that, if the Developer prepares and submits
for Council consideration, prior to the end of 1994, a consolidated
EastLake General Development Pl an for the enti re EastLake community,
Council shall consider adoption of same. However, said consolidate GDP
should consolidate existing General Development Plan approvals, and
include the final land use designation proposal for the MH Portion of
Subarea 1 (recognizing any modification for any Community Purpose
Facilities as Developer may propose), the location of transferred units
(pursuant to action taken under the resolve of Section XIII.A above), if
any, and should not propose to increase or decrease densities above or
below previously approved density ranges for EastLake. Nothing herein is
intended to vest EastLake with any rights to density ranges previously
approved in the General Development Plans for the Eas~Lake community.
pres~nted by . , ~~pr~ed as 0 foJm by ('
/~~/4 ?¿L ~ I \
Robert A. Leiter Bruce Boogaard !
\ Director of Planning City Attorney ~
I
1>,7
____n___n__________" __u.__ "'. _._...._..,-,_._--~._------_.._--_.._. - ..._".._'------_._._----_._-,-,,--_..._.,_._-_.._-_.~--
Resolution No. 17309
Page 9
( PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
( Vista, California, this 14th day of December, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Counèilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Counci lmembers: None
~ ,r;ø,L
Tim Nader, Mayor
ATTEST:
( <:~--
í
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the fore90ing Resolution No. 17309 was duly passed,
approved, and adopted by the City Council at a meeting of the Chula Vista City
Council held on the 14th day of December, 1993.
Executed this 14th day of December, 1993.
~L,( ~'"
C. Soderquist, D ty City Clerk
(
(
, I$',Y
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A'RÇ 1-94 FRI ø : 19
I
or'
I ATTACHMENT B
1
EASTLA1ΠPLANNED COMMUNIlY
AFFORDABLE HOUSING TASK FORCE
PROGRAM SfATEMENf
I
WI IAT: A task force consisting of individuals representing t~ City of Chula
Vista Planning Commission and staff, residents of ~ EastLake
planned community, EastLake Development Comp and the '
affordable housing developer/consumer at-large. I
I
WHQ: See attached Task Force roster (preliminary) I
i
WHERE I
(Study Area): The 3,200 acre EastLake Planned Commwúty in the :City of Chula
Vista. ì
,
I
WHY ,
I
(Puroose): To recommend a comprehensive affordable (Le, low 'family income)
housing program for the EastLake Planned commu~ty that (1)
addresses needs identified in the City's Housing Ele ent, (2)
complies with related provisions of current govemm ntal approvals
for the EastLake project, (3) addresses EastLake resi?ent concerns
and input, and (4) acknowledges contemporary eco~omic
constraints and opportunities inherent to implementtg alternative
affordable housing solutions,
I
I
I
WIlEN: I
~: Conduct f011Tlal task force meetings typically on a o~ce-a-week
basis for a period of approximately 4·6 weeks starting in May,
1994 and ending no later than July I, 1994. Task ~' ree meetings
to be held in the evenings with the locations to be d temûned
collectively by task force members. Upon City of Ch a Vista. City
Council acceptance of the task force's recommendati ns, the task
force will cease to exist unless reconvened at the req est of the City
or individual task force members. :
I
I
lImY: Meeting #1: Introductions/seIect chair and vife chair;
review/modify and adopt task fdrce purpose,
boundaries and ground rules; b dings re: City
Housing Element and EastLake ~fordable
housing requirements/history; d finition of
problem/issues, ,
J5" 3
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't
f··
P.ASTLAIΠPLANNED COMMUNITY I
AFFORDABLE HOUSING TASK FORCE I
PROGRAM STATEMENT
PAGE 1WO
Meeting #2: Identify affordable housing qua fying criteria;
identify prototypical affordable ousing
soludons/incentives and related characteristics/
assumptions; inventory most su table candidate
affordable housing sites within astLake;
Formulate preliminary housing e/site
selection criteria, I
Meeting #3: Formulate alternative concePtu~ affordable
bo.... ""."'M ... EutLakofd'"
alternative concepts re: selectio criteria!
issues; identify composite preli 'nary plan.
Meeting #4-#5: Research, reline and document f consensus
affordable housing program for astLake.
Meeting #6: Present recommendations to thi City of Chula
Vista City Council,
I
A TT ACl*ÆtITS
NOT SCANNED
F:WSERS\J RAZELLwroRDAB,S'ThUI2~94 (Revised 4/1/94)
/~6
-~....._._.- .~~-~---_.._._--"~_....._--_. ._-"...-....._~.._~_.-
COUNCIL AGENDA STATEMENT
Item / t
Meeting Date 4/12/94
ITEM TITLE: Report on Southwestern College Transit Facility
SUBMITTED BY: D;rectm of ]>"bli, wm"'t
REVIEWED BY: City Manager .J4 '0' -: (4/5ths Vote: Yes_No..XJ
At the June 9, 1992 meeting, Council considered a location for a transit facility at Southwestern College
located on Otay Lakes Road between the Gotham and Elmhurst Streets entrance to the College, Many
residents of the area objected to this location at the Council meeting, Council rejected this transit facility
location and directed staff to look at other locations which would not impact existing landscaping on the
College campus, and also to encourage public participation in the planning process, Councilmembers
Rindone and Horton were appointed to a Council subcommittee to facilitate transit facility location
discussions,
RECOMMENDATION: That Council:
1. Not pursue developing a transit facility at the proposed location of the Southwestern College
LibraryILearning Resource Center,
2, Schedule a joint meeting between Council and the Southwestern College Board to discuss the
transit facility project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
On October 5, 1992, a meeting was held in the Council Conference Room to discuss the proposed transit
facility, This meeting was attended by representatives from the City, County of San Diego, Southwestern
College, and residents from the neighborhood near Southwestern College, The meeting concluded with
the understanding that City and County staffs would identify a greater number of possible locations, both
on and off Southwestern College campus, that might be suitable for a transit facility. City, County, and
College staffs jointly identified additional sites; each site was evaluated based on criteria that took into
account concerns expressed by the College, the community, and factors related to bus operations, These
sites are presented in Attachment I,
A second meeting of this group was held on October 30, 1992, to discuss these various site alternatives,
The objective of this meeting was to reach consensus on up to three site locations for presentation to the
Southwestern College Board at its November 11, 1992, meeting for consideration, The group reached
consensus on three sites in order of priority: Site 6N6AI; Site IBI; and Site 4, These sites are shown
on Attachment 2, Site 6N6AI are variations on an expansion of the existing CVT bus drop off area on
the Southwestern College ring road, Site IBI is a modification of both the original proposal approved
by the College and presented to Council on June 9, 1992, and Site IB on Attachment 1. This proposal
sets back the facility about 150 feet off Otay Lakes Road and uses part of an existing parking lot area,
Site IBI was identified by the group at the October 30, 1992 meeting as a site that potentially could
I~ -/
_ ,·._.._,.____.._·k_._____,...._____.,~~._~____~_
Page 2, Item II,
Meeting Date 4/12/94
meet Transit Operations objectives and the concerns of both Council and area residents, Site 4 is a
"horseshoe" design that uses the Gotham Street campus entrance and is perpendicular to Otay Lakes
Road,
These sites were presented to the Southwestern College Board at its meeting on November 11, 1992,
At that meeting, the Board requested some additional information on the proposed transit facility at the
College, including existing and proposed Chula Vista Transit service to the College, This information
was presented to the Board at its December 9, 1992 meeting. At this meeting, the Board also solicited
comments from the public, The Board indicated that it would consider the transfer facility location again
at its February 10, 1993 meeting,
At the February 10, 1993 meeting, the Southwestern College Board approved a location for a transit
facility near the proposed new Library/Learning Resource Center, This site is adjacent to the Campus
Ring Road in the existing parking lot next to Devore Stadium; access is off East H Street. This site is
shown on Attachment 3; it is also indicated as Site 5 on Attachment 1. This site received the lowest
score of all sites evaluated in Fall 1992, On February 26, 1993, a meeting was held between City,
County and Southwestern College staffs to discuss this location, City staff identified numerous concerns
about this location including: additional operating cost for CVT buses; access improvements that would
be needed both on East H Street and on campus; and the timing of developing a transit facility with the
new Library/Learning Resource Center, which the College anticipates would not be built for at least five
years,
The three parties involved in this project - the City, Southwestern College, and County of San Diego _
agreed that this location should be evaluated further. The College agreed to contact the architectural
firm, LPA, working on the Library/Learning Resource Center plan, and request LPA to address some of
the development issues and concerns of a transit facility at this location, A meeting was held on
November I, 1993, with the College to discuss this project. The attached letter from John Wilson,
Director of Business and Operations for the College, to Assistant City Manager Sid Morris, presents the
College's commitment to a transit facility at this location (Attachment 4), The College has asked the
City to respond to this location for the transit facility,
A transit facility at this location has severe access constraints for CVT buses, It would increase CVT's
operating costs; it does not function well as a transfer location; and it would result in longer trip time
on most CVT routes for all passengers, including those destined for the College,
Transit Facilitv Functions
Staff believes a transit facility at Southwestern College should meet the following operation objectives:
- Improve CVT service to Southwestern College,
- Serve as a transfer point for CVT routes,
- Improve CVT operating efficiency, including reducing operating costs,
There are two bus operations functions that should be achieved to meet these objectives: quick access
to and from the College for CVT buses; and centralization of all CVT buses at one location. Currently,
there are four CVT routes that serve Southwestern College: Routes 704, 705, 709, and 711 (Attachment
/ ¡, .:;..
._,.".,...._---'-------_._..._._~----'"._~-_.-
Page 3, Item Jt
Meeting Date 4/12/94
5 shows these four CVT routes), Route 704 enters the College campus on Otay Lakes Road, and Routes
705,709, and 711 board and deboard passengers on Dtay Lakes Road, Therefore, only Route 704 enters
the College campus,
The existing CVT service to Southwestern College does not meet two important operations objectives
of quick access and bus centralization, Route 704, which enters the campus, experiences delays of 5-10
minutes during certain times of day, particularly when College classes are starting or ending. Secondly,
since the four routes serving the College do not stop in one location, bus capacity is not used efficiently,
Most students want to ride the bus that enters the campus; therefore, Route 704 is often over capacity
while the other three routes that stop on Dtay Lakes Road are often under capacity, Centralizing the
buses in one location is also necessary in order for the transit facility to serve as a convenient transfer
point for non-College destined CVT passengers, This transfer point would serve future CVT routes
operating in the EastLake area, and avoid the need for all CVT routes to travel from the eastern part of
the City to one of the three Trolley stations,
When evaluating the transit facility at the proposed LibraryILearning Resource Center site against the
bus service and operations objectives discussed above, there are certain advantages and disadvantages
with this location. Attachments 6 and 7 show how CVT routes would be changed to access this transit
facility,
Advantages
- Since this location is not visible from either Dtay Lakes Road or East H Street, there will be no
negative visual impact on surrounding neighborhoods,
- There is sufficient space to develop a facility in this area and no apparent loss of existing
landscaping,
- CVT buses serving the College would stop at one location, thereby improving bus capacity
utilization,
- The location provides convenient access for College destined passengers to the north side of the
campus and the proposed new LibraryILearning Resource Center,
Disadvantages
- Cost: This site would increase CVT's operating and capital costs. Staff estimates that in order
to maintain the present CVT service level, a transit facility in this location would add
approximately $285,000 annually to CVT's operating and capital costs, This cost increase is due
both to the additional miles to access the facility from East H Street, and adding three buses on
Routes 709 and 711 to maintain current service frequency (Attachment 8 summarizes the cost
impact of this location on existing CVT service),
- Access to the nronosed location presents the following problems for CVT operations:
. Time: There is considerable traffic entering the College before classes, exiting after
classes, and when there are special events or activities at the College such as football
games, Delays occur both proceeding east on East H Street, and westbound at the left
/¿"J
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Page 4, Item J t,
Meeting Date 4/12/94
turn signal at the campus entrance on East H Street. For example, on Tuesday, January
25 and Thursday, January 27, 1994, at approximately 7:45 a,m" the Transit Division
Administrative Analyst recorded the time delay for two approaches to the proposed transit
facility site, The time to proceed from Otay Lakes Road and Elmhurst Street to the site
was 10 minutes, This routing simulates CVT Routes 704, 709 and 711, The other
approach took about 6 minutes, from Otay Lakes Road north of East "H" Street (in front
of Bonita Pointe Plaza), This routing simulates CVT Routes 705 and 711, For the two
CVT routes that proceed to the Eastlake Area - 709 and 711, these delays would occur
on both the inbound and outbound trips, resulting in up to 16 minutes additional trip time
per one round trip, Therefore, without extensive offsite improvements on East H Street,
such as an exclusive bus lane, buses would experience significant delays on East H Street
while entering and exiting the campus during certain time periods, The College has
committed to access improvements on campus only; off-site improvements would be the
City's responsibility,
Traffic counts were taken for vehicles entering and exiting the campus via the East "H"
Street access road, The counts covered the period from 12 p,m, Monday, December 6,
1993 through 12 p,m, Friday, December 10, 1993, The average daily traffic (ADT) was
8,220, with 4,260 vehicles entering and 3,960 exiting,
The counts showed definite peaks in traffic flow, generally coinciding with class start and
end times, For example, between 7 a,m. - 8 a,m" an average 668 vehicles entered the
campus, or 16% of total daily entering vehicles, Another significant period for entering
vehicles was between 6 p,m, - 7 p,m" when 445 vehicles, 10% of the total entering
vehicles, entered the campus, The major period for vehicles leaving the campus was
between 10 a,m, and 2 p,m" when an average of 385 vehicles Der hour exited,
representing 39% of all daily exiting vehicles,
These peak times for vehicles entering and leaving the campus would impact CVT
operations, and complicate CVT scheduling, since schedules would have to allow
sufficient trip time during peak traffic periods, It should also be noted that these traffic
counts did not include traffic generated by sporting events (such as football games), since
no events were scheduled when the counts were taken,
. Distance: The distance from East H Street to the proposed transit facility location is
approximately 1/4 mile (please see Attachments I and 6), Therefore, every time a CVT
bus entered the campus, there would be an approximate 1/2 mile round trip diversion from
East H Street to the facility and return. Routes that do not terminate at the College, but
continue on to the east (currently Routes 709 and 711) would enter the campus both on
the outbound and inbound trips, resulting in a one mile addition to each round trip, This
diversion to the transit facility would increase CVT's operating costs, reduce service
frequency due to increased travel distance, and is an out-of-direction travel pattern for
non-College destined CVT passengers,
. Noise: The entrance road to the campus has a steep grade and there would be engine
noise from buses accelerating when entering the campus and potential brake noise when
buses exit the campus, This noise, and exhaust fumes from buses, could have a negative
impact on existing residences adjacent to the campus entrance road off East H Street.
/¿-"/
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Page 5, Item~
Meeting Date 4/12/94
- Transfer Function: This location detracts from the facility's function as a transfer point,
particularly for non-College destined passengers, Its distance from East H Street, and the out-of-
direction travel pattern for through CVT passengers, becomes even more evident and inconvenient
when the College is not in session, and CVT buses proceed to the transit facility when there are
no College destined passengers,
In summary, bus access in terms of time and distance are the major disadvantages to this location, Bus
access time could be improved by on-campus traffic flow improvements and extensive off-site
improvements on East H Street. The College has indicated that any off-campus improvements would
be the City's responsibility, However, even with unrestricted or preferential bus access, the distance to
the location from East H Street severely detracts from the transit facility's function as a transfer point.
Therefore, it is staff's recommendation that the City not pursue developing a transit facility at this
location,
Alternative Transit Facilitv Location
As a result of City and County staff's conceptual evaluation of additional transit facility locations in Fall
1992 (Attachment I), one site that met CVT's operating objectives, and Council's objective of not
impacting existing landscaping on the campus, was Site IBI (Attachment 2), This site was also
concurred in by the group considering various alternative sites on October 30, 1992. This site is a
modification of the site originally recommended by the Southwestern College Transit Center Feasibility
Study and approved by the College Board (modified in that it required removal of less green space). Site
IBI is located between the Gotham and Elmhurst Street entrances to the campus but is set back about
150 feet from Otay Lakes Road and utilizes part of an existing parking lot.
Site IBI was identified by the group as a variation of Site IB (Attachment I), Site IBI is located about
50 feet further on campus than IB, and uses part of an existing parking lot. The primary advantages of
this site are:
- It would meet Transit Operations objectives of quick access to the College, and
centralization of bus routes at one location.
- It serves well as a Transit transfer point.
- It meets Council's objective of not impacting campus landscaping.
- It should have no aesthetic or environmental impact on the neighborhood.
- Both MTBD and County staffs concur that this site would function well as a transit
facility,
It is staff's recommendation that Council schedule a joint meeting with the Southwestern College Board
to reconsider a transit facility at the Site IBI location,
Minor Improvements on Otav Lakes Road
If either Councilor Southwestern College do not wish to pursue a transit facility at the IBI site (or at
any alternate location off Otay Lakes Road), then staff recommends that a transit facility at the College
not be pursued further, and that CVT routes board and deboard passengers at stops on Otay Lakes Road,
A new traffic signal and crosswalks will be installed by Summer 1994 at Gotham Street and Otay Lakes
Road, Once the signal is activated, College destined CVT passengers will have a safe way to cross Otay
Lakes Road when boarding or deboarding CVT buses, Bus passenger amenities such as shelters and
/¿-f"
--.......---.... ---~...._---,~-_."---"._..-
Page 6, Item It,
Meeting Date 4/12/94
benches could be installed on Otay Lakes Road, This area would serve College destined CVT passengers
and also serve as a transfer point for CVT passengers with minor low cost improvements,
Summarv
A transit facility at the proposed Library/Learning Resource Center would increase CVT's operating cost,
reduce service efficiency and effectiveness, and result in less convenient bus service, particularly for non-
college destined CVT passengers, Staff does not recommend pursuing a transit facility at this location.
A transit facility at Site lB 1, located about 200 ft, off Otay Lakes Road in an existing parking lot, would
meet CVT's operating objectives, If Site lB 1 is not a feasible alternative for the facility, then staff
recommends making minor capital improvements on Otay Lakes Road and boarding and deboarding all
CVT passengers in this location.
FISCAL IMPACT: The County of San Diego has dedicated a total of $900,000 for the Southwestern
College transit facility, Approximately $180,000 has been spent to date on planning and design work;
therefore, $720,000 remains for this project. It is staffs opinion that the transit facility location at the
Library/Learning Resource Center site has access and operations problems that cannot all be mitigated,
even with significant design and engineering improvements, such as exclusive lane for buses on H Street
and priority signalization for buses entering and existing the campus, Including offsite improvements
such as these as part of the project would exceed substantially the $720,000 remaining in the County of
San Diego's budget for this project. The County has indicated that additional funds are not available for
this project. Southwestern College has committed to access improvements on campus only; off-site
improvements would be the City's responsibility,
Staff also estimates that a transit facility at this location would increase CVT's operating costs initially
by $285,000 annually in order to maintain the current CVT service level.
Attachments:
) Attachment 1 - Alternate Transit Facility Matrix
Attachment 2 - Transit Facility Sites lBl, 6N6Al, and 4
Attachment 3 - Southwestern College Board approved Transit Facility Location
~ Attachment 4 - Letter from John Wilson to Sid Morris
~ Attachment 5 - Existing CVT Routes to Southwestern College Map
Attachment 6 - CVT Routes serving College-approved Transit Facility (area)
Attachment 7 - CVT Routes serving College-approved Transit Facility (detailed)
CI.) Attachment 8 - Estimated CVT cost to serve College-approved site
F-t Attachment 9 - Council Agenda Statement & Minutes of June 9, 1992
~ Attachment 10 - Excerpt Minutes from Southwestern College Board
WMG/File: 08-030
WPC F:\HOME\ENGINEER\BILLG\1474.93
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Evaluation of Possible SouthUJestern College
Transit Facility Locations
Legend: 0 Good (2) E> Fair (1) . Poor (0)
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1.A. Original Proposal: E> 0 0 . 0 E> E> . 0 0 0 0
Between Gotham &c 17
Elmhunt (Opt. 1)
1.B. Modified Proposal: 19 E> 0 E> E> 0 0 E> E> 0 0 0 0
Setback 100' from Otay
Lakes Road
2.A. Original Proposal: 16 E> 0 E> E> E> E> E> . 0 0 0 0
South of Gotham
(Option 2)
2.B. Modified Proposal: E> 0 E> E> E> E> · E> E> 0 0 0
Option :z Setback ::'5
Behind Tree Line (100')
2.c. Option 2: Setback to 114 E> E> E> E> E> 0 0 0 E> . E> E>
Use SWC Parking Lot ..
Ring Road
3. Original Proposal: E> 0 E> 0 0 e · 0 · 0 . 0
North Parking Lot (Opt. 115
3)
4- HOlSeahoe Using 21 E> 0 E> 0 0 0 0 0 E> 0 0 0
Gotham
5. 'H' Street Using SWC 8 . E> . e e e · 0 · . e E>
Stadium Entrance
6.A. Ring Road Option.:
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Area with Dropoff@
Admin. BIds.
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Security Bids.
7. Vacant Lot: North e
Conter H StlOtay Lakes 12 E> E> e oA · 0 ò E> .
Road
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8. OffoSite: South of 9
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Governing Icard
Augie Bareno
G, GcrdOn Brownng. Q,M.o
Jeny J. G~lftth
Marlo Nevet-Permon
Judy Sc:tUenberg
November 10, 1993
!~h M, Conle
SUperIn1endenl/Presiden1
Hr. Sid Morris
Assistant City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Sid:
I have enclosed the information from our architect which you
requested regarding the location and project description for the
improvements to our access road from "H" street and parking lot
improvements near our stadium.
In reference to our commitment to the project, the District will
be responsible for the widening of our access road from "H"
street and the parking lot improvements in the stadium parking
lot. The City/County would be responsible for the construction
of the Transit Center and the "fifth lane" for bus traffic.
I have attached the correspondence that Mr. Conte sent to
Mr. John Goss in February regarding the approved site by our
Governing Board.
If you have any further questions, please contact me at 482-6320.
Sincerely,
~ '
1_ )J 7 , "[{f tL~,-",
n"M. Wilson, D.1.rector
~usiness and Operations
JMW /ym
cc: Joseph M. Conte, Superintendent/president
Ken Fite, Vice President, Fiscal Affairs
Bill Lieberman, MTDB
Steve Ron, San Diego County Transit
JoIm LdPP'"tt, City of Quù.a Vista
enclosure
YM\CORRSP\SMORRIS,CCV\ 113 }; _ / (
~ / /
9OD0tayLakes Rood. Cl'ulaVlsta, CA 91910. (619)421-6700 FAX(619)482-6323. ~ Comrru1IIyCollegeOlstl1ct
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MEMORANDUM
Interior ~~~j~,..
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TO: john Wilson DATE: November 3, 1993
Southwestern College
FROM: Joe Yee PROJECT NAME: Southwestern College
RE: Orculation Description PROJECT NO.: 93072.10
for the North Parking
lots and Transit Center
· cc: Dan Heinfeld, lPA
Glenn Carels, lPA
MEMO:
The entry drive has two lanes entering and two lanes exiting the north
parking lots via 'H' Street. At the 'H' Street intersection there are five lanes
of traffic, two for entering the campus and three for exiting the campus. (See
Alternative 'B' diagram.)
· Connected to the entry drive is a two lane semi-loop road traveling two ways
and linking to the campus ring road. The semi-loop road will also be
servicing the parking lots in this sector and Transit Center with six bus
parking spaces for the loading and unloading of passengers,
An alternative to the two-way semi-loop road will be to designate it a one-
way, 2 lane, road. (See Alternate 'II! diagram.) The entry drive connecting
to 'H' Street will remain the same.
The construction of a fifth entry drive lane dedicated for bus services would
require additional intrusion into the slope of the stadium, into the paved area Ol'ln,e County
·
west of the field house, and additional height to retaining walls. Visually the S.n Diego
slope bank will need to be re-landscape, sCreening and softening the intrusion s..cr;]met:ro
of additional roadway into the stadium area. This will need to be done with
the four lane entry drive also. I think that the dedicated bus lane can be built Taiwan, R.o.C
and the visual impact between a four lane road and a five lane road is
minimal and can be resolved. One \~nrU:T
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Governing Ioard
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G, Gordon Browning. D,M,D
Jerry J, G~ltnh
Marla Neves-Perman
Judy Schulenberg FEBRUARY 11, 1993
Jaseph M, Conte
SUperlntendent/Preslden1
MR. JOHN GOSS, CITY MANAGER
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CALIFORNIA 91910
DEAR JOHN:
THE GOVERNING BOARD OF THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT,
AT THE REGULAR MEETING HELD FEBRUARY 10, 1993, UNANIMOUSLY APPROVED
~HE ~OLLOWING REGARDING THE TRANSIT/TRANSFER CENTER:
MOVED BY GRIFFITH, SECONDED BY BROWNING AND CARRIED,
TO AUTHORIZE SUPERINTENDENT/PRESIDENT CONTE, WITH CONTIN-
ING CONSULTATION WITH THE GOVERNING BOARD, TO NEGOTIATE
WITH APPROPRTATE TRANSIT AUTHORITIES TO HAVE A TRANSIT
CENTER AT SOUTHWESTERN COLLEGE APPROXIMATELY AT OR ADJACENT
TO THE LOCA~~ON OF THE PROPOSED NEW LIBRARY/LEARNING
RESOURCE CENTER.
YOU ARE INVITED TO A MEETING ON THIS MATTER ON FRIDAY, FEBRUARY 26,
1993, AT 11 AM, IN CONFERENCE ROOM A, IN MY OFFICE. REPRESENTATIVES
FROM MTDB AND SAN DIEGO COUNTY TRANSIT ARE ALSO INVITED TO PARTICI-
PATE, PLEASE CALL MS. ALLIE ROBISON, 482-6301, TO CONFIRM YOUR
ATTENDANCE AND ARRANGE FOR VISITOR PARKING PERMITS.
INCERELY,
V~ ywl- V1--'\ ~
SEPH M. CONTE
PERINTENDENT/PRESIDENT
JMC I AR
CCI MEMBERS OF THE GOVERNING BOARD
KEN FITE, VICE PRESIDENT, FISCAL
AFFAIRS
JOHN WILSON, DIRECTOR, BUSINESS
& OPERATIONS
BILL LIEBERMAN, MTDB
AL CASTILLO, SD COUNTY TRANSIT
ST~E RON, SD COUNTY TRANSIT
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900 OIay lakes Road. CtUa VIsta. CA 91910. (6~AX (619) 482-6323.~em Cormu1I1y College 0IIfrIçt
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1S1~ - 115 Cap;'" Outlay - - Forms
Budget Change Proposal
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· Campus Plot Plan
District SOUTHWESTERN College: SOUTHWESTERN
Project Le.mina Flesource Center
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COUNCIL AGENDA STATEMENT H1TI/CIfI11Eivl 9.
I~
Meeting Date 6/9/92
ITEM TITLE: Resolution ,,,,"'1\ Approving agreement between the County
of San Diego, Southwestern Community College District, and the
City of Chula Vista for construction, aaintenance and
operation of the Southwes~Ollege Transit Center
SUBMITTm BY: Director of Public Works
REYIEWm BY: City Mana~eØ (4/5ths Vote: Yes-'lo~
.
Council considered this item at its llleeting on May 5, 1992, and directed staff
to provide the following additional information on the transit center project:
the traffic pattern exiting the college and transit center at Ellllhurst St; a
MOre detailed cost breakdown of the project; the cost of other transit center
alternatives lllentioned in the feasibility study; and solicit the City
Attorney's review of the contract to ensure that it contains adequate cost
control language. Attached for Council's information is the agenda statement
(including the feasibility study and agreement) considered by Council On May
5, 1992 (Exhibit 1). This agenda statement will present the additional
information requested by Council.
RECCIIŒNDATION : That Council approve:
1. Agreement between the County of San Diego, Southwestern Community College
District, and the City of Chula Vista for construction, .aintenance, and
operation of the Southwestern College Transit Center; and
2. Conceptual site plan Alternative 1 as shown in the Southwestern College
Transit Center Feasibility Study.
BOARDS/cotIIISSIONS REcotIIEHDATION: Not applicable.
DISCUSSION:
Traffic: Pattern
The conceptual design of the transit center has been slightly MOdified to
provide better unagement of traffic on the college access road (El.hurst
Street extended) and to its intersection with Otay Lakes Road. As noted on
the attached diagram (Exhibit 2), a raised barrier island has been
incorporated into the design for the purpose of creating an exclusive
right-turn bus lane and to reduce confusion at the Otay lakes Road
intersection. The MOdified design creates better definition of the transit
center exit driveway and should result in OptillUlI safety perfol"lllnce of the
Otay lakes Road/El.hurst Street intersection.
After it was determined that the best location for the Transit Center was in
the proposed location it was determined that a traffic signal would be
required at the intersection of Otay Lakes Road and Elmhurst Street in order
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Page 2, It. I~
Meeting Date 6/9/92
to permit bus traffic to safely and expeditiously .ake a left turn out of the
center to go north on Otay Lakes Road. It would also provide the necessary
· brake in Otay Lakes Road traffic to allow busses coming frOll the south to
enter the Transit Center at Gotham Street.
Under this plan it is also expected that college traffic will be attracted to
the signalized intersection. Since the ranking of the intersection of Gotham
Street and Otay Lakes Road is based on the .ntering volume of traffic, which
is basically warranted by the college traffic and not the neighborhood
traffic, the diversion of traffic to Elmhurst would effect the number of
signal priority points that this intersection receives. It was concluded that
re-distribution of traffic due to the Transit Center would also reduce
conflicts at the Gotham Street intersection but would cause a greater illl )act
at the Elmhurst Street intersection.
· Cost Breakdown
A cost estimate for the project is attached as Exhibit 3. Transit Center
construction, including the traffic signal and a 15' contingency, is estimated
at $745,000 or about 65' of the total project cost. The other .ajor cost
components of the project are: the feasibility study, design, construction
inspection, and project management. Land will be dedicated by the College.
As indicated in the attached letter from Sharon Jasek Reid, Deputy Director
Public Works, County of San Diego (Exhibit 4), the two main objectives of the
project design were to develop a facility whose function would improve transit
· service and auto access to and from the College; and also be aesthetically
compatible with College architecture and enhance existing development in the
area.
Cost of Alternatives
Detailed cost estimates were prepared only for Alternative 1, the recommended
site plan. All four alternatives share the same basic design components; the
only major difference among the alternatives that would affect cost is
location. The County staff and consultant for the project, Estrada Land
Planning, estillate that the recOlll11ended Alternative 1 and Alternative 4 are
comparable in cost, while Alternatives 2 and 3 would be ~re expensive.
·
City Attornev Review of Aareement
The attached letter from Ms. Jasek Reid (Exhibit 4) indicates that the
agreement allows all three parties cost .control through the design and review
process. Section I.C. requires the County to obtain City and College final
approval of project design and Section IV.A. states that the County will
submit 3OS, 70s, and final working drawings and specifications to the City and
College for approval. The City Attorney has reviewed the agreement and
concurs that the existing language provides adequate cost control for the City
on the project.
·
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Page 3, It. )3,
Meeting Date 6/9/92
,
FISCAL IMPACT: The total, estimated cost of the Southwestern College,
Transit Center is $1,150,000, which includes the completed feasibility study,
engineering drawings, construction, inspection, and project IUnagement,
including a 15S contingency. Southwestern College w11l dedicate land to the
City for the Transit Center. The County of San Diego has progra.med $900,000
of its TDA funds for this project, and the City will commit up to $250,000 of
its TDA Article 4.0 funds to this project, if needed after expenditure of the
County funds. It is difficult to estimate annual major maintenance and repair
costs or potential liab11ity costs related to center operations. However,
SCOOT .aintenance and repair costs at the H Street Trolley Station Transit
Center (which is a comparable fac11 ity to the one proposed at the College)
have averaged about $800 annually over the past ten years and there have been
no liability costs related to the H Street Station Transit Center.
WMG:DS-030/DS-037
IIPC 15571
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RESOLUTION No.~101ø \\
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
COUNTY OF SAN DIEGO, SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT, AND THE CITY OF CHULA VISTA
FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF
THE SOUTHWESTERN COLLEGE TRANSIT CENTER
WHEREAS, at its meeting of February 20, 1990, Council
approved an agreement between the County of San Diego, Southwestern
College and the City of Chula Vista for a Southwestern College
Transit Center feasibility study; and
WHEREAS, the feasibility study has been completed which
concluded that the Southwestern College Transit Center Project is
necessary and feasible; and
WHEREAS, the agreement, and Alternative 1 Conceptual Site
Plan, have been approved by the Southwestern College Board of
Directors; and
WHEREAS, the total estimated cost of the transit center
project is $1,150,000, including contingencies; and
WHEREAS, said agreement authorizes the County to proceed
with construction of the transit center and defines maintenance and
operation responsibility between the College and the City once the
center is completed; and
WHEREAS, according to County staff, the project will
follow California Environmental Quality Act (CEQA) quidelines for
environmental approvals through use of a Negative Declaration; and
WHEREAS, Council, at its Hay 5, 1992 meeting, directed
staff to provide more information regarding traffic patterns, cost
breakdown and other transit alternatives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve agreement between the
County of San Diego, Southwestern Community College District, and
the City of Chula Vista for construction, maintenance and operation
of the Southwestern College Transit Center, a copy of which is on
file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
) 1. ~2 7
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BE IT FURTHER RESOLVED that the City council does hereby
approve the Conceptual Site Plan Alternative 1 as shown in the
Southwestern College Transit Center feasibilit~ study.
Presented by
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John P. Lippitt, Director of
Public Works
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Urban v: , Veronica E. Jones
891 otay Lakes Road I .'.1.
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Chu1a vista, CA 91913 ·~I.
May 28, 1992 .... I
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Faxed to (619) 425-6184 on 5-28-92 4:30 p.m.
Honorable Mayor and City Council
City of Chula Vista
276 4th Avenue
Cbula Vista, CA 91910,
Subject : Southwestern College Transit Center
Honorable Mayor and Council Members,
This request is for a public hearing to allow input from the
public into the matter of the proposed transit center within the
Southwestern College Campus and along the West side of otay Lakes
Road.
As you can see by our address our home of the past 26 years
fronts on otay Lakes Road and would be immediately across the
street from the proposed transit center. We had 10 years ago a
transit stop in front of our home and got it moved to a commercial
area due to the fumes and increased traffic at our front door. In
the intervening years our side of otay Lakes was designated by you
the City for no parking during school hours as the impact on the
residences along otay Lakes was too great. Robberies have forced
us to put bars on all our windows and doors and this is in part due
to the growth in the area part of which was on again Campus
Property. Although our request is self motivated in part it is
also for the balance of the community.
It was in fact the effort of a neighbor Bome blocks away
from Otay Lakes Road that alerted us to the approval of the project
by the Southwestern College Board of Trustees. His alert was more
of an alarm as the rest of the neighbors we have discussed this
with are equally concerned with the negative impact of this
project. .The following are aOlle of the concerns:
1. No EIR was filed on the project.
2. Southwestern was originally planned to become a 4 year
college and in fact was promoted aB such for the band
financing to acquire the land and build the facility.
A. The efforts of the Board of trustees in selling
off parcels of land has reduced the land of the campus
to prevent the conversion to a 4 year Bchool.
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B. Any further reduction in available campus land
will further prevent future expansion of the existing
institution.
c. A review of the original and subsequent bond
financing vehicles to check the propriety of the
· boards actions relating to the selling of land
specifically acquired for the campus.
D. A review of the propriety of the Board to enter
into a joint venture unrelated to education.
3. Lack of adequate traffic studies before the Board took
action and prior to formulation of the proposal.
4. Air quality studies on the impact of Bus pollution.
5. Noise studies on the impact of noise on the adjoining
· property owners and student population.
6. Environmental issue of reduction of grass and plants in
lieu of acres of concrete and asphalt. Sounds like the
Brazilian Rain Forest syndrome.
7. A study on the impact on crime due to increased
transient population.
8. A study on the need and feasibility if a 4 year campus
is built elsewhere in area thereby possibly reducting
student POPulations and ridership.
·
9. Increased danger to Junior High and High School students
walking, riding bicycles, and driving to area schools on
otay Lakes Road.
10. Increased danger and congestion to college campus
students both driving and walking to college from ajoining
community.
To our knowledge these issues have not been addressed. In
addition the lack of normal procedures to notify adjoining effected
property owners is apalling, unfair and reminescent of railroading
· techniques of the Boss Tweed days. Before you gya city council
passes judgement on the proposed project we are aSking you to be a
truly representative form of government.
Please hear us, protect us, and in all sincerity represent
us.
'Thank you and we look forward to getting your response.
Respectfully yours, ~¿¿~t fk:(/24/
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Thomas A. Davis
1657 Gotham Street . ,
Chula Vista, CA 91913 :... -,
421-6577
May 21, 1992 -.-- .' - . ...", ;
The Mayor and City Council of the City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and members of the City Council:
In February of this year I wrote to you regarding a
decision by the city staff not to install a traffic signal
at the intersection of Otay Lakes Road and Gotham Street.
When that letter appeared on the City Council agenda for
February 18, 1992, the city staff provided you with a brief
written information report to substantiate their reasons for
not installing a traffic signal at the intersection, and
recommended that you receive and file my letter without
further action - which was done.
After the Council action I corresponded with the City
Manager, requesting further details that supporte~ the staff
decision not to install a traffic signal, e.g., traffic
warrants and traffic analysis, and so on. I also asked to
know why another intersection further north on Otay Lakes
Road, at Camino Del Cerro Grande, had a traffic signal
funded and installed, along with extensive curb and cross
walk improvements, ahead of other intersections (Gotham
Street being one of these) that the city staff itself had
established as having 9reater need.
I did not receive a reply to my request for information
until May 12, 1992, more than two and a half months later. I
can understand that the city staff has many important func-,
tions and duties to perform, and that responding to citizens
requests for information intrudes on this process, but it
seems odd that it took so long to answer questions that
should have already had answers if the decision not to
install a signal at Otay Lakes Road and Gotham Street had
previously been documented. While this time delay is irri-
tating, it now appears to be a minor issue.
The overriding reason for not installing a traffic
signal at Otay Lakes Road and Gotham Street are city, col-
lege and county plans f~r the construction of a Transit
Center in place of the front lawn at Southwestern College
along Otay Lakes Road. The City of Chula Vista, San Diego
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City Council. May 21, 1992. Page 2.
County and Southwestern College staffs have been negotiating
for some time among themselves to develop a plan for the
· construction of the Transit Center that will draw $900,000
dollars from county transportation funds and $250.000 dol-
lars from similar City of Chula Yista funds.
The front l~wn of the college seems to have been chosen
as the site for the Transit Center in a roundabout way.
Southwestern College controls adequate unde~eloped land on
the corner of Otay Lakes Road and East H Street to build the
Transit Center. If this site were used, the cost might even
be less than putting it on the front lawn since there are
already traffic control devices installed in the immediate
vicinity of the corner location. However. the Southwestern
· College administration wishes to reserve this undeveloped
site for some future joint development venture with a
yet-to-be-determinedpartner. As a result. the college has
chose~sacrifice the aesthetically pleasing and environmen-
tally benign front lawn and convert it into an acre and a
half of concrete. asphalt. transplanted palm trees and fake
-Aztec-like- pillars.
When I appeared before the City Council in February and
appealed to you to reverse the decision not to install a
traffic signal at Otay Lakes Road and Gotham Street. the
city staff informed you that their decision was sound. based
· on a significantly reduced traffic volume at that intersec-
tion. The staff position was further enhanced by certain
financial benefits to the city derived from funding provided
by the county for the construction of the Transit Center.
The staff. it turns out. had not done a traffic study at the
Otay Lakes Road/Gotham Street intersection. or the area. in
a number of years - the information provided to you in
February had no basis in fact. and was guess-work.
It was not until April 28. 1992. according to the
traffic warrants provided to me by the Director of Public
· works in his May 12. 1992 letter. that a traffic survey was
actually done, some two months after I appeared before the
City Council. No accurate traffic data appears to have been
used in the Transit Center planning to this point, either.
The statement that staff made to you in February that the
traffic count at the Gotham Street intersection had declined
to 1100 vehicles per day was wildly inaccurate. After the
April traffic count the previously reported volume turned
out to be in error by 3781 - the April count indicates the
average daily traffic volume at Gotham to be 4160 vehicles
per day!
·
/6 -.17
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City Council. May 21, 1992. Page 3.
It distresses me that the city staff was so careless in
providing you with accurate information. I feel that this
severely prejudiced your action on my February request. It
was made to appear that there was no substantiation or
justification for my appeal, and naturally you acted accord-
ingly. However, almost every aspect of the staff position in
February was not supported by accurate facts (in some cases,
none at all). The situation appears little changed now. even
after receiving the -answers- to my questions addressed to
the City Manager.
The Director of Public Works, for example, indicates in
his May 12th reply, that the traffic survey done in April
demonstrates that the intersection of Otay Lakes Road and
Elmhurst Street is now busier than the one at Gotham Street.
My examination of the warrants clearly shows that the traf-
fic volume at Elmhurst (the minor street) has a volume of
2000 fewer vehicles per day than Gotham Street. Somehow,
with a traffic count half that of Gotham, Elmhurst was
awarded a maximum of 12 points for vehicle volume - as
opposed to 6 points for Gotham Street. This kind of suspi-
cious manipulation of figures produced a forced total of 55
points for Elmhurst and only 43 for Gotham Street.
Another weakness in the traffic study is the failure
to take into account that traffic flow has been severely
reduced along Otay Lakes Road between the Gotham Street
intersection and Telegraph Canyon Road because of road
construction. For over a year much of the traffic that might
otherwise use Telegraph Canyon is, and has been, opting to
use East H Street rather that fight the construction and
congestion on Telegraph Canyon Road.
I also note that the city staff has never produced
factual justification for the installation of a traffic
signal and side walk and curb improvements at the intersec-
tion of Otay Lakes Road and Camino Del Cerro Grande/Surrey
Drive. Failure to support this decision with facts makes it
appear more and more likely that the decision to fund a
signal at that intersection was made arbitrarily. and ahead
of intersections having a greater need.
There are two request that I wish to make of the City
Council. First. I would like the City's involvement in the
matter of the Transit Center. and the commitment of funds
for its construction at the site in front of Southwestern
College, to be impartially reexamined. This project has
~ /ø~J/
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. .
City Council. May 21, 1992. Page 4.
never properlY involved the residents in the vicinity of the
college, and it has not received a realistic or accurate
examination of the effect of its construction on Otay Lakes
· Road traffic flow. Second, I would request that a accurate,
straightforward, determination be made of the traffic and
pedestrian situation at the Otay Lakes Road/Gotham Street
intersection, with serious consideration being given to the
installation of a traffic signal there at the earliest
possible time.
Thank you for your indulgence once again of this mat-
ter.
· ;rïk.
~avis
·
,
·
·
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Robert C. Muff
11t 874 Xavier Avenue -- . -- .... .
-- ; . í "
Chula Vista, - CA 91913 !~: - "
. I .'~ _~_.. _..0 _ _.'_.
- , .
(619) 421·3320 ,
Mayor Tim Nader 27 May 92
276 4th AveDue
Clula Vista, CA 91910
SUB1: Proposed Transit CeDter - Southwestern College.
Dear Mayor Nader:
I have just receDtly learned about the proposed trusit center beiDg planned for the
"front yard" of Southwestern College.
As a cODcerned citizen ud close Deighbor to SWC. I Rlronl!lv nnnose any plans to
alter the beautiful landscaped area iD front of the college bordering Otay Lakes Road.
As Cbula Vista rapidly expands eastward. Otay Lakes Road is becoming more ud more
commercialized, One of the last remaining garden spots in this immediate area is the
SWC campus, Mucb time. effort. and money has beeD spent planDiDg and
maiDtaining the front approach to the campus. I would hate to see the trees ud grass
removed to make way for lots of CODcrete to support a handful of noisy ud polluting
busses_
Alternatives must be considered: .J
1. Empty lot - southwest comer of Otay Lakes and East "H" Streets,
2. Another area on campus, possibly iD the cxistin, parkiDg lot above &. west of
the stadium, (This approach would save lots of cODcrete...ud taxpayers money)
UDless you have forecasted and documented a dramatic increase in passenger traffic
into and out of Southwestern College. I seriously question the necessity to increase
the capacity of the current bus stop,
Request you reevaluate this transit ceDter requirement before we College Estates
resideDts lose this beautiful area to yet uother CODcrete jUDgle.
SiDcerely. Copy to:
~~~ 1. CouDty Supervisor Bilbray
2. SWC President Conte
3. Sw News Editor
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June 1, 1992
Mr. Joseph Conte, President
Southwestern College
900 Otay Lakes Road
Chu1a vista, CA 91913
Re: proposed Southwestern College Transit Center
Dear Sir:
Recently it has come to our attention that San Diego county and South-
western College are proposing to build a transit center at the present
front entrance to the college. After reviewing the plans, we are list-
ing below a number of reasons why we, as residents of College Estates
(the residential area immediately to the E~,t of the cOllege) are
opposed to the transit center:
1. Present economic conditions for Federal, County and City do
not warrent this expendure of tax payers' dollars (estimated
cost $1.150,000.00). Budget deficiencies have forced many
public employees to accept their jobs on a part-time basis,
or face lay-off.
2. In future planning this Center may be a plus for East Lake
developers. However. it will empact the residential com-
munity that exists all around the campus (North, South,
East and West) by the additional traffic that would be
created; as well as adding to the pollution. Furthermore,
zoning has been changed at the East Corner of Otay Lakes
Road and H Stret, making this property available fOr another
shopping area. Together with Ralph's shopping center and
the 7-11 strip mall at the other end of Otay Lakes Road, plUS
the Fire Station at Elmhurst, the eventuality for an intolerable
congestiDn of traffic in this immediate area is very probable.
3. We seriously question how the Transit Center would benefit
the students who attend Southwestern. Our home being
directly across from the main entrance to the campus, õnd
also the fact City buses stop almost directly in front of
our house, we observe a very small percentage (perhaps as
small as 10%) of the students using the buses as their means
of transportation to the college. We ourselves also use the
buses frequently (#704 and #705), and find there is a very
small percentage of residents taking advantage of them. It
is a well-known fact that students of highschoo1 and college
age are car-oriented; and most of John Q. Public for that
matter.
4. We believe there is a safety matter to be considered also.
With a Middle School, a Highschoo1, and a College along
Otay Lakes Road, there are a large number of their students
who walk along this busy highway to and from school. The
possibility for serious accidents to happen with the increased
flow of traffic the Center would bring should not be taken
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-----..--- --.....---- --. ---,~.._~_..._.._.__._----
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Mr. Joseph Conte, President
Southwestern college
June 1, 1992
Page 2
5. Although this opposition to the Transit Center is more of a
personal consideration, it is also one that we are sure is
, of considerable concern to all College Estate home ôwners.
We believe the Transit Center would mean a great deal more
traffic than what we already contend with when attempting
to enter Otay Lakes Road; would mean more air pollution
and litter; and a lowering of our property values.
6. The proposed location of the Transit Center at the main en-
trance to the Southwestern College would mean destroying
the beautiful setting it now presents to the public.
It is our understan~ing after talking with persons in the City of Chula
· vista administration that this project has been in the planning stage
now for two years. However, it only came to our attention ten days ago.
Certainly more advanced information would have been appreciated by those
of us living in the area.
Thank you to give our objections your serious consideration.
C¡)4~RJ
Robert F. Kelley, Sr.
· ~'1'~ t>. ~~
leanor E. Kelley
875 Otay Lakes Road
Chula Vista, CA 91913
482-1809
CC:
Brian Bilbray, Supervisor, City of Chula Vista
Tim Nader, Mayor
Jerry Rindone, Councilman
Leonard M. Moore, Councilman
· Shirley Grasser, Hortoft, councilwoman
David Malcolm, Councilman
John wilson, Southwestern College
Tom Davis, resident College Estates
· /b~10
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1631 Got.ha. St..
Chula V1.t.a CA 91913
"r. To. Davis I
16S7 Gotha. St.
Chul. Vist.a CA 919 l
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-
Minutes
. June 9, 1992 ,
I
Page 12 I
I
Councßman Moore stated one of the criteria included bl·cultural aspects. In reviewing the team it included C
. two Mexican Nationals, eight other Hispanics, one Black, six of those listed were females, for Asians, and
one Other,
Councilwoman Grasser Hotton agreed with many of Mayor Nader's concerns and stated it was an extremely
hard decision to make.. She was very impressed with the list of architects but due to the time frame and
funding, she felt that the City would be receiving a beautifully designed project that they could be very
proud of. She felt that if Council reviewed the top eight candidates it would be very comprehensive and
time consuming and .he did not feel the time was available for .uch a review. ,
V01E ON MOTION: appTOYed 3-100-1
Mayor Nader requested that the City C1. ,." ",; ~ "9' :::r, 1;;". . ,":,: '.' ,,' . . ts, for 7/21/92, amending the
Council policy for the selection of arch' ".. ' :t' .,.}. , "í.
, .
Councilman Malcolm returned to the dias at 9:43 p.m.
13. RESOLtmON 16611 APPROVING AGREEMENT BETWEEN 1HE COUNTY OF SAN DIEGO,
SOtmiWESTERNCOMMUNl1YCOlLEGEDISTRICf,AND1HECTYFORCONSTRUcnON,MAlNTENANŒ
AND OPERATION OF 1HE SOUTHWESTERN COlLEGE TRANSIT CENTER - Council considered this item
at Its 5/5/92 meeting and requested additional infonnation on the project. Staff recommends Council
approve: 1) the resolution, and 2) the ConcepNal Site Plan Alternative 1 as shown in the Feasibility SNdy.
(Director of Public Works) Continued from the 5/5/92 meeting.
Wllliam'Guswson, Transit Coordinator, summarized the project. f
Councilman Rindone requested clarification of the differences of the plan, specifically regarding the exit from
the college on Elmhurst Street and the flow from the college exits.
Mr. Gustafson stated the primary change was the island being extended to the west. It would segregate the
traffic coming out of the college on Elmhurst extension from the bus traffic that would either merge into
the Elmhurst area or to circle around an exit on Otay Lakes Road for the buses heading south.
Councßman Moore questioned whether there was landscaping on the island and the number of routes to
the college in the fall.
Mr. Gustafson presented a cOllcepNaI drawing of the island and landscaping. He stated that there would
be four routes which was one less route, but they would be adding all day service on Route 709. It would
be less routes but more frequent service.
Councßman Malcolm questioned whether there would be additional bus trips once the Transit center was
completed. He also questioned whether buses would be allowed to idle in the bays.
Mr. Gustafson responded that there would not be additional bus trips next fiscal year but the fact that the
center was there would enable them to expand service over the yean if needed. He stated there would be
a layover for some of the routes, i.e. between five to seven minutes.
Mayor Nader questioned what new traffic signalization would be included.
Mr. Gustafson responded that a new signal would be placed at the intersection at Elmhurst and Otay Lakes (
Road.
~ /b -y¿?
.
. Minutes
.
June 9, 1992
Page 13
The following people spoke in opposition to the transit center due to concerns of air pollution, noise
pollution, removal of open space. costs involved, limited parking, and aesthetic value:
j Eugene Denhem, 1618 Elmhunt Street, Chula Vista, CA 91913
" Dawn Denhem. 1618 Elmhunt Street, Chula Vista, CA 91913
i
Donald C. Bodie, 1654 Ithaca, Chula Vista, CA 91913
! Kathy Hibbard, 1651 Gotham Street, Chula Vista, CA 91913
John F, Markham Jr., 1663 Gotham Street, Chula Vista, CA 91913
Katherine Belo, 875 Otay Lakes Road, Chula Vista, CA 91913
Cecilia Vasquez, 871 Otay Lakes Road, Chula Vista, CA 91913
Samuel R. Longanecker, 1689 Ithaca Street, Chula Vista, CA
Robert E. Chaffee, 1641 Gotham SD"eet, Chula Vista, CA
Veronica E. Jones, 891 Otay Lakes Road, Chula Vista, CA 91913
Urbon Jones, 891 Otay Lakes Road, Chula Vista, CA 91913
Mario Failla, 879 Otay Lakes Road, Chula Vista, CA 91913
Margarete Failla, 879 Otay Lakes Road, Chula Vista, CA 91913
Barbara Longanecker, 1689 Ithaca, Chula Vista, CA 91913, was not present when called to speak.
Tom Davis spoke in opposition to the staff recommendation and presented petitions in opposition with 165
signaNres. He also referred to his request regarding the installation of a traffic signal on Gotham Street and
Otay Lakes Road. He felt the information regarding survey numben given to Council were inCOlTect.
Steve Harris, 713 Brookstone Road, #204, Chula Vista, CA, spoke in SUPPOIT of the staff recommendation.
Councilman Moore informed the public that there was a state mandate to improve the air quality by
increasing the number or riden per car. If the City did not improve ridenhip the Air Quality Control 'Board
would set mandatory fees and fmes. Therefore, the City was caught in the middle. The number of buses
would not be increased due to the transit center, the turn around would allow safer movement for the buses,
but it would also move the pollution closer to the homes. The question was whether it was the right
location and he felt Council should direct staff to come back with a recommendation for the second best
place.
Councilman Malcolm stated he was committed to public transit but wanted to make it clear that the County
of San Diego could move forward with the project without the approval of the City of Chula Vista. The only
reason it was before the Council was because they were requesting $250,000 towards the project. He
wanted to have a transit center there but did not want the grass taken out. The faculty parking lot in front
of the College could be utilized as a transit center which would utilize existing paved areas. He did not feel
that public input hat! been included early enough in the project. He would like to send it back to staff to
see what could be done to encourage public participation, public availability, and to be able to save the
expanse of the grassy area.
Councilman Rindone stated he served on the Metropolitan Transit Development Board and felt a transit
center was needed. He also refelTed to the state 'msndates and regulations and stated he was very much
transit oriented, This was an occasion where citizens came fonh and the time had come were there needed
to be a balance. Most speaken had acknowledged the need for a transit center and he felt it should be
refelTed to staff to look for the next best location.
MS (Rindon~Grasser HOlTon) refer to staff to find another appropriate location for the transit ceater but
Dot to place it where it would destroy the aesthetic beauty of the College.
~ /iÞ -5/
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-
Minutes .
June 9, 1992 ~
, Page 14
CouncDman Moore questioned whether the City would have to be a salesman and seU the County on the
fact that the City Council did not want it there, that they would have to contribute more money toward
redesign, and may have to support some infrastnlcture costs also.
Mr. Gustafson responded that the County wanted to do what the City wanted to do and the City wanted to
do what the public wanted. They did need to talk to the CoUege as some of the issues discussed had been
previously discussed and dismissed.
Councilman Rindone felt there were other options to be considered, i.e, main parking lot, southeast portion
, of main lot, Otay Lakes Road at the base with shuttle service to the CoUege, etc. He felt that Southwestern
College wanted to be a good neighbor and would work with the Council and the neighbors.
Mayor Nader stated that the neighborhood was brought into the process nther late and felt a lot of time
could have been saved if there was a process early on where the public had been notified. He encouraged
neighborhoods to establish community planning councils.
Vo'ΠON MOTION: approved "ft~ftimously.
Mayor Nader informed the public of the existing ordinance regarding the adjournment of a Council meeting
at 10:30 p.m. unless there was a motion to continue. Due to several members of the public waiting to
address itemS on the agenda he would prefer to see the meeting continued.
·
MS (Nader/Malcolm) to continue the meeting to hear items Sa, 14, 15, Council Comments, and CORd
Sessior All other Items to be coDtinued to the meeting of June 16, 1992-
Carolyn Butler, 97 Bishop Stteet, Chula Vista, CA 91911, stated she had requested that Sa be pulled from
the Consent Calendar and now requested that it be continued to the meeting of June 16, 1992.
Mayor Nader stated he would amend his motion to continue item Sa to the June 16, 1992 meeting.
City Manager Goss informed Council that item ",8 required a 4/5th's vote and requested that Council adclreu
that item.
· Co\DIcilman Malcolm requested that item 8 be docketed for the meeting of June 30, 1992.
VOIE ON MOTION: approved unanimously.
14. REPORT REGARDING THE REQUEST BY ROBERTO GRA'l'1ANNE. MD., PORAUEN .
AGREEMENT IN UEU OF POS'I1NG A Co\SH BOND FOR THE DEFERRAL OF 1>UBUC IMPROVEMENTS AT
360 "H" STREET . The owner of the property at 360 "tf' Stteet is converting an existing single family
dwelling on the site to a medical office. The City has required widening and installing public improvements
along the frontage of"tf' Street. The owner has applied for and was granted a defelTal of this requirement
with a condition a cash bond be posted in the amount of $9,700. The owner has requested that the City
· accept a lien on the property instead of posting the cash bond. As directed by Council at the 5/12/92
meetin¡, staff is CUlTently revising the policy regarding the handling and approval of lien agreements.
However, because this request was already in process before the Council Referral, staft' is submitting the
request to Council for consideration. Staft' recommends Council accept the report and deny the applicants
request. (Director of Public Works)
Mayor Nader stated that Council would consider items 14 and 15 simultaneously.
, ~ /~~S,;2
·
.
TEL: 619-421-0346 Apr 6,94 15:19 No.OOl P.02
. . M~ 10
. «~
s~tÐ'n
ge
CIoYwnIng Ioord
Aug1e Bareno
Q Gordon StO'W1\lng, D,M,D
JfJ<ry J, Grjlnlh
Marla Novas-Perman
Judy Schulclnberg
Jasoph 11'I, Conte
SI.p"'lnlende"t/Pre~den'
MOVED BY GRIFFITH, SECONDED BY BARENO AND CARRIED, AGREEMENT
TO APPROVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, FOR
CITY OF CHULA VISTA, AND SOUTHWESTERN COLLEGE FOR A FEASIBILITY
FEASIBILITY STUDY FOR A BUS TRANSIT CENTER AT STUDY
SOUTHWESTERN COLLEGE, AT NO COST TO THE DISTRICT.
--------------------------
STATE OF CALIFORNIA!
SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTIiWES'l'I!:H.N COMMUNITY COI,I.EGF: DISTRICT OF SAN DIEGO COUNTY.
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSI.Y PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
14TH DAY OF FEBRUARY, 1990.
RETARY TO GOVERNING BOARD
j4e-t /i ~f;S
---~-_...._.- .-.....-.... _..~_._..~"._.~---_.__..~-----------------_._--".._.._.~
.--- -.- .....-- _....... ...-. -.-. -- -- ..-.-.-
.
. «~
sou~n
EgE
eov.mlng Ioofd
Augle Boreoo
G, Gordon l!Iownhg. DM,D
Jerry J, Grltflltl
Morlo Ne.es-Perrnon
My Sc:hulent>f rg
JoI9P!\ M. Conte
SoJp8!intenden1/PrOlldOf\t
CHULA VISTA CITY, SAN DIEGO COUNTY AND TRANSIT SUPERINTEN-
REPRESENTATIVES DISPLAYED ARCHITECTURAL RENDERINGS DENT/
AND DISCUSSED PROPOSED TRANSIT CENTER AT SOUTHWESTERN PRESIDENT'S
COLLEGE. REPORT
,
,
--------------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COPY OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THt: SOUTHWESTERN COMMUNI'l'¥ COLLEGE DISTRICT AT A MEETING HELD ON THE
. 8TH DAY OF MAY, 1991.
}u Cr-dT
TO GOVERNING BOARD
~ /t? -5~
900 Otoy LnkGS Rcx>d . Chula Vista, CA 91910. (619) 482-6301 FAX (619) 421-0346. Southwes1em Commun"v College Dlltrlct
.
.
.
«~
~Em
eov.mtng toClfd
Augle 8010nO
G Gordon Browning, D.M.D
......V J, (¡.ffilI'I
Marlo Nevel·Permon
Judy Sc:t>ulenberg
Jo5QPh M, Conle
Sl.Ðerinlenden'JP!GSldunl
.
MOVED BY GRIFFITH, SECONDED BY PERMAN AND CARRIED, AGREEMENT
TO APPROVE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND POR CON-
CITY OF CHULA VISTA TO CONSTRUCT A SOUTHWESTERN COLLEGE STRUCTION
TRANSIT CENTER. OF TRANSIT
CF.NTER
--------------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOS1!:PII M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTHICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
8TH DAY OF APRIL, 1992.
0-,,, r£
CRETARY TO GOVERNING BOARD
,
~ Jb-53'
900 OIay I.rakGl Ro<.1d . Ctv.Jla Vlsla, CA 91910. (619) 482-6301 FAX (619) 421.Q346. Southwestern CornrTu1Itv College OIstrlc:t
_._..."------"'------_._._._-~._---~-----+--~-~_._--------..----.--"-...-
.__" V.J __. VV__ ".., ---. -- -- .._.~.- ---
.
.
.
«~
~ern
lEge
8overnln¡ Soard
Aug:e Borcar\Q
G, Gadon l3townlng, O.M.D
Jerrv J, Grlffnh
Moria Neves·perman
Judy Schulenberg
Joseph M, Conte
Supelln1ende"t/Pro.ldorIl
CITY OF CHULA VISTA/COUNTY OF SAN DIEGO PRE- TRANSIT
SENTATION ON TRANSIT CENTER CONCEPT/LOCATION. CENTER
SID MORRIS, JOHN LIPPITT AND BILL GUSTAFSON,
CITY OF CHULA VISTA, REVIEWED SIT~ OPTIONS FOR
PROPOSED TRANSFER CENTER ON SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT LAND. CINDY RESLER, STUDENT, ALSO
SPOKE TO STUDENT TRANSPORTATION NEEDS,
THE GOVERNING BOARD EXPRESSED INTEREST IN THE
CITY REVIEWING OPTIONS 6A, 6Al AND lBl AND PROVIDING
EXPANDED INF'ORMA'l'ION, AS WELL AS INFORMATION ON
RIDERSHIP TO THE COLLEGE AND THE SURROUNDING
NEIGHBORHOOD.
THE DI5TRIC'1' WIT,L HOLD A PUBLIC HEARING ON 'J.'H~:
TRANSFER CENTER CONCEPT AT THE DECEMBER 9TH MEETING.
--------------------------
STATE OF CALIFORNIA)
)55
COUNTY OF SAN DIF-GO)
I, JOSEPH M. CONTE, S¡::CRETARY TO THE GOVERNING BOARD OF,THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A HERTING HELD ON THE
11TH DAY OF NOVEMBER, 1992.
'dI~ )11 (,-,r.i-
CRETARY TO GOVERNING BOARD
~ Jb~~
9OOOtoy Lakes Rood. ctv.JIa VIsta, CA 91910. (619) 482·6301 FAX (619) 421-0346. SOuthwes1em Community College District
- .-~
TEL: 619-421-0346 I'Ipr 6.9i 15:19 No.OOl P.06
.
.
. «»
-
~m
C:OV.mlnO Ioœd
Auglo 8orono
G Gordon 8ro",""ng. DM.D
Je"V J Gnfftth
Marla Nevos-Porman
Judy SchlAonboro
JOoeph '-'1, Cont..
SupOlI"londont/Pr...den1
A. PUBLJC HEARING ON PROPOSED TRANSIT CENTER, 7150 - TRANSIT
9100 P.M. CENTER
STUDENTS CINDY RESLER, DENNIS JOHNSON, AND
PATRICIO M, FLORES, AND COMMUNITY R~SIDENTS JOE
AND ELIZABETH BONNER, TOM DAVIS, ALLEN JONES,
ROBERT F. KELLY, AND CECILIA V. VASQUEZ ADDRESSED
TifF. BOARD REGARDING THE PROPOSED TRANSIT CENTER.
SID MORRIS, ASSISTANT CITY MANAGER, AND BILL
GUSTAFSON, CITY OF CHULA VISTA, AND BILL LIEBERMAN,
KTDB, ALSO ADDRESSED THE BOARD REGARDING THE MATTER.
AT THE CLOSE OF THE HEARING, PRESIDENT BROWNING
ADVISED THE BOhRD WOULD CONSIDER THIS ITEM AT A
SPECIAL BOARD MERTING, OR AT THE REGULAR
FEDRUARY 10 BOARD MBF.TING INASMUCH AS THE JANUARY
MEETING WOULD BE HELD AT THE SOUTHWESTERN COLLEGE
EDUCATION CENTER AT SAN YSIDRO.
--------------------------
STATE OF CALIFORNIA)
~SS
COUNTY OF SAN DIEGO
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF 'THE
SOUTHWESTERN COMMUNITY COI,¡,EGF. DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HF.REBY CERTIFY THAT THE FOREGOING IS A FULl., TRUE ANn
CORRECT COPY OF A MOTION UNANIMOUSLY PASSED BY THR GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
9TH DAY OF DECEMBkR, 1992.
ssc1.'f:t! ~,~
~ / t -' 5? .
-t","
~ 00... LrIIo.. Qo..a
. CI'úo \/Iota. CA 91910. (619) 482-6301 FAX (619) 421-0346.
__ ___ __ _. _ un____________" ____ _________ _________ SoUlhweslem Commut~tv Callece D111t1c1 ^~--,---
.
.
. «~
I
~~t'rn
C¡ov.rnlng Ioard
Aug'e eo,eno
G Gordot, Browning, DM,D
J."V J, CÞrItmh
Morlo NeveJ·Pe,men
Judv Scl\ulonbo'g
~ph M. Cont.
s"perintendenI/Pro~donl
CONSIDER SITE OF TRANSIT CENTER. TRANSIT
CENTER
TOM DAVIS, 1657 GOTHAM ST., ROBERT KELLEY, 875
OTAY LAKES RD., ALLEN JONES, 891 OTAY LAKES RD, MARIA
ISAB~L PARMER, 1363 PETERMAN DR., SAN DIEGO, JOHN
LIPPITT, CITY OF CHULA VISTA, AND BILL LIEBERMAN,
COUNTY OF SAN DIEGO, ADDRESSED THE GOVERNING
BOARD REGARDING THE PROPOS~D TRANSIT CENTER.
MOVED BY GRIFFITH, SECONDED BY BROWNING, TO
AUTHORIZE THE SUPERINTENDENf/PRESIDENT, WITH CON-
TINUED CONSULTATION WITH THE GOVERNING BOARD, TO
NEGOTIATE WITH THE APPROPRIATE TRANSIT AUTHORITIES
TO LOCATE A TRANSIT TRANSFER CENTER ON CAMPUS IN
THE APPROXIMATE OR ADJACENT LOCATION TO THE PROPOSED
NEW LIBRARY, AND THAT ANY AGREEMENT WITH APPROPRIATE
TRANSIT AUTHORITIES WOULD CONTAIN THE ARRANGEMENTS TO
SUBSIDIZE THE RIDERSHIP OF FULL-TIME SOUTHWESTERN
COLLEGE STUDENTS.
DISCUSSION ENSUED WHICH INDICATED THAT WHILE ALL
FELT THE L1BRARY LOCATION MIGHT BE BETTER THAN THR PRE-
VIOUSLY IDENTIFIED FRONT OF THE CAMPUS, FACING OTAY
LAKES ROAD, AND THE BACK ROWS OF THE STAFF PARKING LOT
àPLAN lBl), THERE WAS LACK OP CONSENSUS ON A MANDATED
UBSIDIZATION OF COLLEGE RIDERSHIP. THE GOVERNING BOARD
REQUESTF.D THE SUPERINTENDENT/PRESIDENT TO PROVIDF. THEM
A REPORT ON COMMUNITY COLLEGES TllAT HAVE AGREEMENTS/
ARRANGEMF.NTS THAT CREATE A SUBSIDIZATION FOR STUPENTS.
MOVED BY GRIFFITH, SECONDED BY BROWNING AND CARRIED,
TO AUTHORIZE SUPERINTENDENT/PRESIDENî CONTE, WITH CON-
TINU~D CONSULTATION WITH THE GOVERNING BOARD, TO
NEGOTIATE WITH APPROPRIATE TRANSIT'AUTHORITIES TO HAVE A
TRANSIT CENTER AT SOUTHWESTERN COLLEGE APPROXIMATELY AT
OR ADJACENT TO THE LOCATION OF THE PROPOSED NEW LIBRARY/
LEARNING RESOURCE CENT~R.
~/Þ'-:5r
'IOOOIay lalcetRoad. ChUla VIsTa. CA 91910. t~19) 482-ó~01 FAX (~19) 4210034~. Southwestern Convnunlty College DlstT1ct
... --
TEL: 619-421-0346 Apr 6.94 1~:1~ No.UUl ~.U~
J'AG!!: -2-
. . GOVERNING BOARD EXCERP~
FEBRUARY 10, 1993
----------------------
STATE OF CALIFORNIA~
5S
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COPY OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTR AT A EETING HEL ON THE
10TH DAY OF FEBRUARY, 1993. »t
RETARY T VERNIN
~)~ '5;
. _._..~._- - _.'_._.___ . __ - - .... .u..__.._. _ ___ _.. __.'__.__...______.___......._,_.'_.__'_..___.________".___.._._____
~ ~ ft..- ,'l-;J. w/~ (1
Cl~= ,
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~~~~
CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
Apr i 1 25, 1994
The Honorable Pam Slater, Chair
Interim Solid Waste Commission
1600 Pacific Highway, Room 335
San Diego, California 92101
RE: JOINT POWERS AUTHORITY (JPA) AND GOVERNANCE FOR SOLID WASTE
Dear Chairwoman Slater:
On April 12, 1994, the Chula Vista City Council took action on an alternative
governance proposal and directed that we forward the suggestion to the Interim
Solid Waste Commission for consideration.
The proposal is as follows:
l. That the responsibility for the Solid Waste System remain with San Diego
County.
2. That the Interim Solid Waste Commission be constituted by the Board of
Supervisors as a permanent advisory body on solid waste issues,
3. That a 4/5ths vote wou 1 d be requ i red by the Board of Superv i sors to
override any recommendation by the Solid Waste Commission,
In light of the recent concerns about the NCRRA facility, system liability
concerns and other issues revolving around the formation of a Joint Powers
Authority, it is appropriate to consider what other options to the status quo
might be available. One such option would be to have the County retain control
but afford an official advisory role to all the c i ties and to have their
recommendations have some teeth. The notion of a permanent city advisory group
along with an extraordinary vote to override their recommendations is such an
alternate. Should the cities and the County not decide to form a JPA, then we
feel such an idea has merit.
We would welcome a dialogue on this with our other Commission Members.
Sincerely,
&~'"'
nc i 1 mber
cc: Mayor and Council
Interim Solid Waste Commissioners
/?"j
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
-- - --~..- ._',_.___.._.._. .____,...._.,._._,____"__"_..___,~_,.".."_._.,,.,_.,...._,.___._______.___. .._.._.____ .M.___",·",__,_.,..,__"_,._,_.__.",,,..___,
I/e-m 6!t1 /f
PROPOSAL FOR A ;::/61- -71'
CUTER 01" EXCELI.E1fCE FOR OIL SPILL MANAGEMEJIT a 4!R--??.øt1
'l'RAIIIING AKD RESEARCH ¿J
INTRODUCTION
The Center of Excellence for Oil spill Management Training and
Research is envisioned as a world class institution for training
and research for team management, coordination and leadership for
the task of managing and coordinating the recovery and oleanup of
oil spill s. Util izing sophisticated state-of-the-a¡:t computer
simulation devices all aspects of real world "on-water" oil spill
response, oontainment. reo overy and cleanup oan simulated for
training or research.
,.".. '. .......'l'he Center of Excellence wi.Jl be a ~on-profit training aRdresearch ....-.
center set up by'_'.t:he unified Port Distrl'Ot;"of -:San Diego and'~
Southwestern college. The Port and college would enter into an
agreement for the organization and operation of the center,
The Center will attract training personnel for the entire Pacific
Coast, including Alaska. Canada. Washington. OreIJon. California and
Mexico.
The oenter will be available for computer based simdation rellearch
relatinlJ . to all aspects of oil spill pJ:"evention. reoovery and
cleanup. Equipment and procedures oan be evaluated by simulation.
In ~ "the event of an actual spi 11, the Center could be used as a
x:eglonal command and control center. ..,
'rhe tabl e in ,Appendix A desoribes finanoing, start-up: costs and
estimated operation oosts~
'rHB REED POR A CENTER OJ!' EXCBLLEKCE
A major problem with handling of oil spills has been the lack of
team management, coordination and leadership in the first critical
hours after a spill occurs. Major marine spills have spread
rapidly and created tremendous damage as agencies debated how to
react to the problem. Recent cleanup exercises in Santa Barbara
emphasized the problem where, there was confusion and arguments
among agencies on how to coordinate spill "recovery.
Kuoh researoh and aotivity is currently being done to develop new
techniques. devices and ohemicals to cleanup spills. There are a
large number of oompanies developing such it&ll\S as skitmlers. booms,
and dispersants. The lack of procedures, management and
coordination for the deployment of equipment and chemicals during
CENTER OF EXCELLENCE !ROPOSAL !age 1
..,. . --~.._--_. - - ---~_...._......
~~a.-/
... --- --,-_.._-,--,--------.... _..~--- ------~.__.__.._-~--- -- ------,---
Lao.l.~~UW ---..-----
an aotual oil spill is the problem whioh this Center will address,
The Center of E¡o;cellence for Oil Spill Management Training and
Researoh is envisioned as being the Pacific coast leader in
training, research. and simulation activities to insure the
effective response, recovery and oleanup of marine oil spills.
This is possible by the us. of sophisticated computer based
simulation devices.
BAClt.GROmm
Recent high visibility inoidents suoh as the Ib:Jl:on Val de.. the
American Trader, and Hega Borg oil spUls have brought
international attention to the need to prevent maritime accidents
from ooourring and to respond in a prompt and coordinated fashion
when they do occur. This bas led to passing of the Pederal oil
0_ ' . ,Spill Act of 1,990. and the..ßalifor,n~a oil Spill Act of A9gQ. which .--.
oreates the off~o~. ef oil spill PreventiA!:I"and-~ecove:ry (OSPR), ~'"'
In addition, the petroleum industry has created and funded a large
national organization-the Marine Spill Research corporation (KSRC)-
to provide the mechanism for large oil spill oleanup and recovery.
'l'he probabi 1i ty of future catastrophic incidents is very higb.
Clean up of spills is very expensive and there is a high risk of
permanent damage to wildlife_ These conu.quencês reQuire rapid
decision making and leave little room for error. Computer
technology makes: it possible to simulate all aspects of managing
an oil 'disaster by providing manag,ement and prevention ,training::
Computer simulation for research will include improving techniques
for oil spill· modeling and for simulatin9 'the behavior of new
equipment designs before the equipment is built.
The driving statutes which require stronger emphasis and. in faot,
more training are:
o The Oil Pollution Act of 1990
o The California Oil Spill Aot of 1990 - SB 2040
. The International Kat:"itime Orgànization Ste.ndards for
Training, Certification and Watch-keeping (IMOS'l'CW)
o The National Transportation Policy
. The Water Resources Development Act of 1990 and related
amendments thereto.
,
CENTER OF EXCELLENCE PROPOSAL Page 2
!
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ow .... ... ., ---.--------...-..--......-.- ---......-
~tI., -,2.
--------_...~_._._--_.__._--_.__._--_.""....~_.-._"-------------- -------
DBSCRIl''1'IOlf OF 'I'RB CEIrl'BR OF EXCELt.EIfCE
The Centel:' consists of ~ sophist.ic~ted computerized oil spi 11
management simulator which was developed by t.he NOl:'wegill.n
government spill response organization. Only two of these syst.ems :
are in operation in the world: One is in Norway, the other at the
Cent.er for Marine Environmental Studies at the Massaohusetts
Maritime Academy_ A third maybe located on the Gulf Coast.
The simulation device is used to tr~in pel:'sonnel who participate
in various phases of an oil spill recovery operation. The emphasis
is in providing positive management team training for the entire
management team; creating time sensit.ive interaot.ion at. a.11 levels.
students will include safety personnel from oil companies,
corporate managers. ship offic:ers, strike team leaders. aircraft
._-pilots, cleanup vesselopel:;at..Qrs. Ilove!:nment offioials res¡¡oxudble_ .. .'-~" ._-,
£01:' operations and,. management releting to' ~leani'fl!il the .ea and - -,
coastline foIl owing a spill. personnel from the clêanup
coopel:'at.ives and from MSRC. They wi 11 be trained in all aspO!!ct.s
of response particularly in the crucial decision making team
coordination effol:'t. needed in the first critical hours after a
sþUI.
The simulatorwi11 complement and supplement the activities bein! '
conducted by such aqencies as EPA, NOAA, the USCO. thO!! cl.a1;l-
Coastal Waters, Clean Seas. and Clean Bay cooperatives and t.hè
HSRC. where mòst. of these agencies are. responsible fo2." involvement
in actual spill cleanup. the CO!!nterwill concentrate on'lllanagement.
and response team training and research utilizing computer based
simulation devices,
In the oase of an actual incident. the oil spill simulation
capability can be used as a tool for rell.l 'time decision making and
response asset manaoement. Here real time man-in-the-loop decision
making will involve simulation and a constant -communi.cati.on with
individuals at the site of the actual spill. Simulation scenarios
will be modified as conditions change and results communioated back
to the site.
Some of the - agencies who mightpart.icipate in this oil spill
management simulation training are.:
0 V.S. Coast Ouard
0 V,S. Navy
0 V.S. Army Corps of Bn~ineers
0 Mexican Government agencies and industry
,
CENTER or EXCELLENCE PROPOSAL Page 3
:
,
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! i
:
.2.t/ÇA. . J ~
. ~.,,_.._.,.,..._~-'-- ---_.__.__._--~. ._---,-~_.,-~,._,,--_._-
ti.lL..L..UW ~- - ..-
0 state Lands commission
. State De~artment of Fish and Game and the Office of Oil
Spill Prevention and Reoovery (OSPR). - Already committed
$150.000 per year for use of the Center.
0 state Inte~agency Oil Spill Committee
0 Oil companies
0 Ha~ine terminal operators and the mooring masters.
0 Office of !mergency Services
· Harbor masters in eaoh port
.~.. .. 0 oil s~.UÆ ,!;:9-'ope-raUves:-Clean ~.~é\,~.p..,t!!7~n.-,,"Bat'!1na'Cle~..,~ . .--.-
COlI.s"ta. - Haters - . .. . . .. . .
0 Marine Spill Response Corporation (HSRC).
0 State Department of Health and Safety
· Environmental Pr?tection Agency (EPA) ,
· Colleges and universities for researcn
.
~ ,
SYSTEM CAPABILITIES
The oil spill management aimulator is capable of being "sed for a
variety of spill soenarios typioal of the Pacifio coast harbors
and inland waterways- WheeB inolude the following!
· Emulation of an Incident Command System (lOS).
0 Providing cOItIIII"nicationscapability to allow federal or
induBtry crisis management oenterS t.o partioipate in
spill scenarios.
0 Management and cost., determination for the use of spill
oontrol resources.
0 Assessment of environmental damages.
. The system is usable during an actual spill event.
. Capabili ty of oil spi 11 research.
OENTER OF EXCELLENCE PROPOSAL Page 4
1
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cJ. ~IL' tj
,..-.~-..-- -.--..-.., ----- _._....._--,-~.-.. - .---~-_. .--.---.-...--
~--~
The functional capabilities of the system include a communications
syste.m (mobile radio, VHF radio, etc.), visual systems which
provide a three-dimensional view similar to a view through a
window, mathématical oil spill models, damage assessment models,
and a laroe resourcé information databaSé,
STAFFIRG
.
The staff for the Center of Excellence will include the following:
. Administrator
o Administration Assistant (Part time secretarial)
o System Operator/Instructor
o Assistant operator/Technioian
.'. .."-~'" o 3 or 4 Instructors'"' (On-> con'tract· vhen ~eeded) ... ..,.....- '. . ""',
:-:-...:......'-.:.,! ~.':~,<!-..~-.,::-;,:' C..Z:
FACILITY REQUI1lKHEt(TS
Floor space of approximately 3000 square feet will be required for
the Center. Standard ceiling heights (8'), air conditioning, and
electrical power are as for a norman business office. Raised
floors are~ required. ..
.L '. ~ .
,
The rooms required to house the simulator equipment are as follows;
1- Trainee station leader room '(14' x 12')
2. Four trainee station rooms (9.5' x 9.5')
3. A helicopter station room (9.5' x 9')
4. An information center and map generation room (14' x 12')
5. A plotter. printer room (9.5' x 8')
6. A rOOm for the instructor stations. (30' x 30') ,
7. Offices, a conference room. an employee lounge and
restrooms .
SUMMARY
Recently, and primarily driv~ bi'major marine disasters such as
the Exxon Valdez, international, Federal and state statutes have
been enacted which place sionificant emphasis on education and
training in regard to oil spill prevention, recovery and cleanup.
A Center of Excellence. located in the Boarder- Environmental
CommerCle Zone will be ideally located torneet these needs for the
U.S.: Pacific coast" Canada and Mexico.
Wi th RAFTA and port improvement. programs, Mexico will be more
concerned with preparation for responding to oil spills. Mexican
agencies are potentially laroe users of the Center.
CENTER OF EXCE~~ENCE PROPOSAL Page 5
, ;;, (/ (A., ..5'
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.
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.
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APPENDIX A
FIN,",CUIG. COSTS, AND INCOME NOTES
CENTER OF EXCELLENCE FOR OIL SPILL MANAGEMENT
. 'fRAINING AND RESEARCH
START UP COSTS: ¡
. simulation Computer Equipment: $ 1,500,000
(Instana~ion and Instructor trainin9)
. Californit sales tax for HW and SW: $ 100,000
,
o Operation:for one Year (Estimate): $ 500,000
...~. : .;..L.. ..i.';'"",",__~.~,... .. ~ '" ",,',' "..~,.:~_~' '.-;, .:~' '--;~ " .,,1;_ ;w;-.u :~~ -," .._~..._....~" ·...-;.··.._f :...~....__ '. r..'~io:å~~"""~*'_""" ._~_ ....,.,,;-.;.
:::-W"'~'o "'r ~u?--l¡?iftg~~osts-,{~imate}: $ 02.()0,090
---------~------------------------------------------
TOTAL $ 2,300,000
START-UP FINANCING ~LTERNATIV~~
0 Export Bank of Norway: 5% to 6\ interest, 3 to 8 years.
l
0 Ca1iforni~ OSPR: 1\ to 2% interest,S years.
· Port ofS~n l>ie90: Loan or grant?
0 The Marlnè Group: Installment payment for equipment.
,
. .
;~ i
- ¡
~STIMATED YEARLY EX~ENSES I'
, ,l
· QPeriilt10n ¡(Labor, Benefit.l'I, tlti,lities,
Lease, Marketing, Insurance. etc.): $ 500,000
0 Loan Payback (5t for 8 years): $ 360,000
-------.-~-------------~-----------------------------
, $ 860,000
¡TOTAL
,
~TIMATED INCOME PER YEAR. I
· Break even point: 43 weeks x $20,OOO/week ; $ 860,000
(Based on Mass Maritime weekly charge)
0 For Full Use: 50 weeks x $20,OOO/week ; $1.000,000 .,
,
!
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I
,
I
,
.
,
I
CENTER OF EXCELLENCE, PROPOSAL ,).()ç.. .. t, Page 7
,
.
...--_...~,---......,"_.~>._-~..- ... _.._..__._--_.._._--,_..,-.._-~~._--~.~
APPEHDIX'A - Continued
START-UP ~UIREMBNTS
. CoopeX"ative agreement between Southwestern and the
Unified Fort: Distriot to either jointh operate the
Center or for the Port to support the operation by
Southwestern College.
0 Letter of Credit (or other guarantee) to Export Bank of
Norway or OBPR tor the loan.
. OSPR Loan may require Legislative approval.
"",,- -,"~ . .. ....- ;. ._---: -";"'",- ~,:.. :...."."L -- ". "'....:......., ,,-"_....-..............,,:..;-..: ,-,' ,.... -':'~¡'_.,..
""':' r ~~_ ,.......... ~ 1. C;¡r:" -I'~ "':: :,,!'-::t P..~~
.,
~ . .
CENTER OF EXCELLENCE PROPOSAL 1'a'1e 8
. . .. . .... .....--.. .....--- .- - ._0.-
2c;~"7
..,._..-~--_.~...._--_._"--_.._-,~---_._--_._-------_.-"----,-.-.-
- - -- - ~
APPBNDIX B
BENEFITS OF THE CEHTBR. OF EXCELLEl'ICE
The benefits of a Center will be as follo~s:
1. The Cente~ will address a critical need to provide overall
simul ated "on-water" oil spill management, response and
cleanup training for the Pacific Coast of the U.S.A., Canada,
and Mexico.
2. A few jobs will be created by the Center.
3. ~he Center will attract environmental b~sinesses to the South
-.,.."'- ....". ...:-... _ .. ,Bay i pªr,t;,icJ¡.UrJy-'.J:~seL;J;:.o»uct!!!Q _ .w.itnc.ai.LaRi 11-,reapDn.se;"",,.,_~-~.~
recovery an4LCi[l.,e.anup equipment. ",'.9<'1'·'-C'~9 P. ''''
4. The Port and Southwestern College will be making a
contribution to preserving the coastal marino environment of
the Pacific Coast.
S. The Center viII be recognized as a vorld class "center-of-
excellence" for training and research on an impo~tant
environmental problem. This viII bring additional prestige
to the Port, the College andChula Vista.
6. The Center will bring trainees and researchers into the San
Diego area. Many will bring their families. The tourist
. industry "will benefi to
,
..1
,
..,
CENTER OF EXCELLENCE PROPOSAL !'age 9
.
'.
u . ... . .. . . ____om_. ~
;< d a.. ..
......_-"-~_._._-"-,-_._--" -".,--~.._-----_..~._-----
The Center of Excell ence for Oil Spill M.nagement Training and
Research will be a world class institution p~oviding training and
research in the critical areas of oil spill recovery management and
oil spill mode line¡ . The cent.er will be the Pacific Coast and
Mexico cent.er for such activities.
.~... ..,....... ..._., "v"""_,:.o..~.,,.. .____,.,...~. ... ........_ _.._.._..,.~............·i._._~..._...o .-......--
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I: .
CENTER OF EXCELLENCE PROPOSAL Page 6
.
~Ile- ~9 ¡-<ôo. -/ð !
- ..---.--....-.., -- -- - .-.--.---.---------------.--..--. ~
--.-....,------.-. .
RESOLUTION NO. l?tJ¿J..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE LOCATION OF THE
CENTER OF EXCELLENCE FOR OIL SPILL MANAGEMENT
TRAINING AND RESEARCH IN THE CITY OF CHULA
VISTA
WHEREAS, the extensive environmental damage and high
recovery and cleanup costs of oil spills such as the Exxon Valdez,
the American Trader, and Mega Borg spills has brought international
attention to the need to respond in a prompt and coordinated
fashion when a spill occurs; and,
WHEREAS, although the probability of future catastrophic
incidents is very high, the Pacific Coast lacks the training and
research facilities to address the major problem of lack of team
management, coordination and leadership required during the first
critical hours after a spill occurs; and,
WHEREAS, the use of sophisticated computer based
simulation devices allows for extensive training of all personnel
who participate in various phases of an oil spill recovery
operation with an emphasis on providing positive management team
training for the entire management team; crating time sensitive
interaction at all levels;, and,
WHEREAS, real world "on-water" drills can be accurately
simulated at a fraction of the cost and with no environmental
impacts of actual real "on-water" exercises; and,
WHEREAS, a Center of Excellence for oil Spill Management
Training and Research utilizing state-of-the art computer
simulation will be a world class institution focusing on team
management, coordination and leadership training for the task of
managing the recovery and cleanup of oil spills for the entire
Pacific coast including Alaska, Canada and Mexico; and,
WHEREAS, no such center is located in the West and only
two exist worldwide, the California Department of Fish and Game,
Office of oil Spill Prevention and Recovery recognizes the need for
such a Center and will be a major users of the Center; and,
WHEREAS, the center will create jobs, and attract
researchers and trainees and their families who will also utilize
tourist facilities; and,
WHEREAS, the potential is high for the Center to attract
oil spill environmental businesses to locate in the area due to the
1
.2tJe- -1/
.' -- _._-----,-.. ---.--..-- -..-~..-_....,-_.,-,-_.-. -.' -~-"'_-----_..,~,,--------"_..,._..- ~.~
simulator's capability for use in product research and development;
and
WHEREAS, the city of Chula Vista has supported many port
projects outside City limits in the best interest of San Diego
citizens, and the Center of Excellence will benefit the local
economy, citizens of San Diego County and the entire Pacific Coast.
NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council
of the City of Chula vista does hereby support the location of the
Center of Excellence for oil Spill Management Training and Research
in the City of Chula vista.
BE IT FURTHER RESOLVED that the City Council hereby
requests that the Unified Port District of San Diego and
Southwestern College, in cooperation with the city of Chula Vista,
initiate a program to jointly set up a non-profit Center of
Excellence for oil Spill Management Training and Research which
will utilize computer simulation devices.
BE IT FURTHER RESOLVED that the Port and College are
requested to proceed in a timely manner due to the critical need
for a Center of Excellence to be in operation to address needed
training and research requirements before another major oil spill
occurs.
Presented by Approved as to form by
Shirley Horton, Bruce M. Boogaard, City
Councilwoman Attorney
C:\rs\oilspill
2
).()a,... / Â
oa _. .-.'.----..---- . - ---"---~-~._,,---_..._-~-~._-_._-_._._-_._,~----
,
DATE: March 28, 1994
TO: The Honorable Mayor and city C~il
VIA: John Goss, City Manager~:li Þ
FROM: Richard P. Emerson, Chief of o~ce
SUBJ: COUNCIL REFERRAL NUMBER 2857 CURFEW VIOLATIONS
Upon researching the procedure for curfew violations in
the City of Chula vista, and after contacting the District
and City Attorney's offices, the staff has determined the
following.
The officer in the field has two possible dispositions
when contacting juveniles under the 18 years of age
between the hours of 11:00 pm and 5:00 am on the streets
of Chula Vista. The first option is to cite the juvenile
on a regular citation into Juvenile Court Department A for
violation of the Chula vista city Ordinance 9.28.010.
After signing the citation, the juvenile is then either
driven home to his parents or released to his parents in
the field or from the police station. Upon receiving that
citation the juvenile will then be required to appear in
court approximately four weeks later. If found guilty of
the violation, the violator can be fined a minimum of $50
to a maximum of $135 for the violation, depending on the
a~e of the juvenile and the circumstances surrounding the
v~olation. The juvenile, along with his parents, will
then be required to attend an educational class of three
hours conducted by the Juvenile Probation De~artment
educating both the parents and the juvenile on Juvenile
crime and parents responsibility.
The second option available to the officer is to bring the
juvenile to the station and do a juvenile contact report
(ie, arrest report) where upon the juvenile is then
released to a parent or legal guardian. That report is
forwarded to the Juvenile Sergeant who depending on the
prior contacts with ~uvenile violator will determine
whether to refer that uvenile to the Juvenile Probation
Department for a similar disposition as stated above or
divert the juvenile to the diversion program within the
Chula vista Police Department which will require again
education on both the parents and the violator as well as
community service. (ie graffiti painting)
,á)b - J
--..----.---..-".--+--+--....-..--.----,.--.-----..-...---'-"--'''---~-
·
Curfew violation
March 28, 1994
Page 2
Since October of 1993, there have been 13 juveniles
contacted for simple curfew violation. During the same
time frame there was an additional 53 contacts for
juveniles who were in violation of other crimes, including
curfew, within the City of Chula Vista. The final
disposition of all of those contacts have been handled in
one of the two methods indicated above. A majority of the
curfew violations that come within the Chula vista Police
Department are handled by the Juvenile Court method. The
final disposition is made by the Juvenile Court and the
Chula Vista Police Department does not have any
jurisdiction as to what that disposition will be (ie fine,
education class or both). The Chula vista Police
Department actively uses the curfew ordinance to contact
juveniles in the late night hours and thus far has made
efficient use of the ordinance.
Juvenile Court hearings, by law, are closed hearings and
onlr immediate parties (ie witnesses and victims) to the
act~on are perm~tted in the court rooms. This is sUbject
to the discretion of the Juvenile Court Judge and or
hearing officer.
Officers in the Chula vista Police Department are
encouraged to contact all juveniles under age between the
hours of 11: 00 pm and 5 am and those juveniles who are
contacted unsupervised are handled in this appropriate
manner. There are other cities within the state of
California that have tried larger scale ~roactive programs
involving their reserve officers and cit~zen volunteers to
assist the reserve officers in a mass contact program of
juveniles who are on the street after hours. Those
programs are designed to make mass contacts of juveniles
who are then detained and brought to the police
headquarters where they are supervised by citizen
volunteers who complete paperwork on the juveniles and
then subsequently release the juveniles to their parents.
Juveniles who are not recovered by their parents within a
reasonable time are then transported to the local Juvenile
Detention Facility operated by that particular
jurisdiction probat~on department. Staff is st~ll in the
process of collecting hard co~y data on these programs
from the city of Inglewood, Cal~fornia.
There is no agency wi thin the San Die90 county. at this
time that uses a program similar to th~s descr~bed above
due to the fact that we have a limited space available in
the juvenile detention facility in Kearney Mesa. It is
';;'~b"~
.m__'~""_".____'_'_'_'_'_'__~_'_~____'__'_"___"_____,___. ._.____._
.
.
Curfew violation
March 28, 1994
Page 3
staff's bel ief at this time that the ordinance is being
used effectively by the officers within the city of Chula
Vista and to this point we have received a majority of
cooperation from the parents and the juvenile court system
using the above two methods of processing juveniles for
these violations.
:ltJ6 "J
._'.._""'_"_~_"___"____'_'___'___' ,. _._.__n______·._,__·________·~___,··~_
AGENDA ITEM #20 c
COUNCIL COMMENTS
. CounciImember Fox: Discussion of possible action to clarify direction of BECA
April 7, 1994
TO: The Honorable Mayor and City Council
FROM: BECZ Subcommittee, Councilmembers Bob Fox and Shirley Horton
SUBJECT: Border Environmental Commerce Zone (BECZ) Implementation Strategy
Recommendations
PURPOSE: The purpose of this paper is to present staff's and the BECZ Council
Subcommittee's recommendations regarding actions to implement the BECZ
program, These recommendations are based upon political, programmatic and
financial strategies developed as a result of input gained from potential BECZ
participants and stakeholders and reflect current conditions and opportunities.
This paper and its attachments provide a chronology of the program's history to-
date, describe how the program was envisioned in the original May 11 White
Paper adopted by Council, and outline the current strategies which are being
undertaken to accomplish the original BECZ program's goals and objectives. Time
is of the essence. Staff is proceeding according to the strategy outlined in this
paper in all external presentations/discussions, pending any direction to the
contrary.
SUMMARY OF STRATEGY/ONGOING ACTIVITY
Staff and the BECZ Council Subcommittee are recommending that staff pursue the goals of the BECZ
via a BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) which includes the
originally proposed jurisdictions as well as a variety of other public and private partnerships, The
overall purpose of the BECA Alliance would be to promote environmental industry and technologies,
Within the context of the BECA, three new Chula Vista initiated programs are proposed: I) an
Environmental Technology Resource Center (ETRC), 2) an Environmental Incubator, and 3) an
Environmental Technology Demonstration Area,
The ETRC would be located in Chula Vista and would be an Environmental Technology Satellite
Center, linked to the City of San Diego's High Technology Resource Center, As such, the ETRC
would provide centralized assistance to the broader High Tech industry in the South Bay and regional
specialized services to the Environmental Industrv. including technical assistance (eg technology
transfer, pollution prevention training) and business development services (eg fmancial, export and
market enhancement services),
The ENVIRONMENTAL CLUSTER INCUBATOR will also be located in Chula Vista and will
be part of the California Environmental Business Incubators Project (CEBIP), under the California
Environmental Technology Partnership program (CAL ETP), Chula Vista's incubator will be one of
three such incubator's in the state, designed to promote start-up environmental product and service
~ð~·1
,....__ ~.____.._ "..__--..,__.",..._~_.._._,_.._ .,_"_______._._._·._____·,,·_''''.,.·m.'____
The Honorable Mayor and City Council
April 7, 1994
Page 2
businesses and environmentally sustainable technologies, The CEBIP program is proposed to help to
bring together economic development with environmental protection and to optimize the job creation
potential of the environmental industry,
The proposed ENVIRONMENTAL TECHNOLOGY DEMONSTRATION AREA is at the heart
of the original BECZ goals relating to the development of incentive programs to encourage business
to utilize state-of-the-art pollution prevention and waste minimization technologies, The Demonstration
Area is envisioned to encompass the original BECZ boundaries, Special financial, and possibly other
types of incentives would be developed and funded to offer to businesses within the Demonstration
Area, The goal is to demonstrate the economic viability of emerging sustainable technologies, to
facilitate the creation of "model companies" from which other companies can learn cutting edge
environmental management techniques, and to create an environment in which innovative processes
and products help advance environmental protection and clean-up in the border-oriented area,
Staff is currently discussing the above program strategies with the City of San Diego and the San
Diego Chamber of Commerce in response to their input received to-date, The attached three (3) page
BECA outline (Attachment A) is being forwarded to both entities per their request, with the intent to
take this conceptual outline (or a similar document) to the San Diego Council and Chamber Board for
endorsement. Staff is also specifically pursuing federal Department of Commerce Economic
Development Administration (EDA) funds and state Regional Technology Alliance (RTA) funds in
conjunction with the City of San Diego, for the ETRC and Incubator. Staff will continue to develop
ETRC, Incubator and Demonstration Area program parameters, including proposed administrative
structure and policy guidelines,
The BECZ - now BECA - program is by necessity an extremely dynamic one, evolving to reflect
potential stakeholders's interests and concerns, The strategies proposed in this report have been
endorsed by the Council Subcommittee in a meeting on March 21, and are being forwarded via this
Information Memo at their request for your review and information,
It should be noted that this strategy entails seeking San Diego City and Chamber endorsement of the
overall BECA concept, goals and obj ectives, without seeking endorsement at this juncture for specific
incentive eligibility criteria, It is envisioned that specific Demonstration Area Financial Incentive
Program eligibility criteria will be developed and endorsed with the development of specific incentive
programs,
Attached for your information are the following: 1) a summary of the BECZ program's historical
development to-date, including Council actions and an overview of the adopted May 11 BECZ White
Paper (Attachment B), and 2) a more detailed explanation of the rationale for the implementation
strategy staff is currently pursuing per the Subcommittee's direction (Attachment C),
BECA.231
o2I)c. ;2-
..-" ..-..-.-- ...~_....- - - -- ,.~-,-- -- ".. --..
ATTACHMENT A
PROPOSED BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
(NOTE: This summary was prepared per City of San Diego's request and has been forwarded.)
PURPOSE
The proposed Border Environmental Commerce Alliance is a regional coalition of United
States/Mexico border oriented jurisdictions sharing the common goals of encouraging and
assisting the growing environmental industry and the development and commercialization of
emerging environmental technologies and methodologies, therefore generating economic and
environmental benefits for the area entire border area.
MISSION STATEMENT
The mission of the Border Environmental Commerce Alliance (BECA) is to assist and promote
environmental product and service businesses, to support the development and commercialization
of environmentally sustainable technologies, and to attract and incentivize companies utilizing
environmentally friendly processes (including pollution prevention technologies) through
successful public/private regionally-based partnerships. The BECA will advance US/Mexico
border area economic development and environmental protection through these cutting-edge
business assistance initiatives.
GOALS
In order to fulfill the above mission statement the BECA will pursue the following goals:
1. Support environmental business and job creation through targeted business
assistance
2. Encourage the attraction, retention, and expansion of environmentally friendly
industry to the border area
3. Support the State, Federal, and San Diego region economic conversion efforts
4. Encourage cross-border environmental protection and cleanup
5. Encourage the development, commercialization, and export of U.S. environmental
technology/ products/services
6. Implement a successful Demonstration Program as a model for future
regional/state/national environmental business partnerships
PARTICIPATING JURISDICTIONS
The BECA is to include the following governmental entities:
. County of San Diego
. City of San Diego
Attachment A Page !.2Pc .. J April 7, 1994
.... -..".......-....--...---.--.---.----.,-. .-.' -~-..,_.. - ..-..- ..... ..."- -- . .,.-.-,... .
· City of Chula Vista
· City of National City
· City of Imperial Beach
· State of California (Cal EPA, Cal Trade and Commerce)
BECA ALLIANCES
The BECA will be the umbrella coalition which insures optimal coordination of numerous
existing economic development programs which can contribute to the overall mission. Examples
of such programs include the San Diego Regional Trade Alliance (RTA) , the California
Environmental Technology Partnership (CAL ETP) , the San Diego Economic Adjustment
Program, the Southwestern College Small Business Development/International Trade Center,
UCSD Connect, Scripps Institution of Oceanography, the CACT, Supercomputer Center, San
Diego Recycling and Enterprize Zones, National Labs and federal initiatives such as NIST,
ARPA, and TRP, and U.S. Environmental Protection Agency (EPA) programs. Additionally,
BECA will create the framework for the creation of additional regionally-based,
environmentally-related business development initiatives. Among these are a BECA
Environmental Technology Resource Center, a BECA Environmental Cluster Incubator Program,
and a BECA Demonstration Area,
PROPOSED NEW BECA lNITIA TIVES
The City of Chula Vista has acted as a catalyst to bring the proposed regional alliance into being
and is proposing four specific initiatives which would benefit all BECA partners as well as
provide for specific business outreach in the South Bay area. The proposed initiatives
compliment the San Diego region's Economic Adjustment program as well as the State's
Regional Technology Alliance (RTA) and California Environmental Technology Partnership
programs. The three initiatives which would be endorsed by the BECA Alliance are outlined
below:
1. Environmental Technology Resource Center ŒTRC)
The ETRC will be located at the Southwestern College Small Business
Development/International Trade Center (SBD/IT). The ETRC will act as a "satellite"
to the City of San Diego's High Tech Resource Center, providing regional services from
a location convenient to South Bay industry, and at the same time offering a specialized
service in terms of environmental technology -related expertise. The ETRC will be the
San Diego region technology center specializing in the environmental field. City of
Chula Vista staff are working with City of San Diego staff to seek federal EDA funding
to augment San Diego's existing EDA funded regional economic conversion program.
2. Environmental Cluster Incubator
Cal EP A has initiated the development of the California Environmental Business
Incubators Project (CEBIP) as an element of its Statewide Environmental Technology
Partnership Strategic Plan and has recently announced that the three environmental
incubator facilities will be located in the Silicon Valley, Los Angeles, and the City of
Attachment A Page 2 ð 'I April 7, 1994
.2 C"
-- _._---...~.,_._"-----"._---"- ..---."--.,.. ------,------_.,. _.__._-,._.~-_....._.._.-
Chula Vista. Chula Vista is currently working with the California Business Incubator
Network and Business Cluster Development to implement our local program. The BECA
Environmental Cluster Incubator will encourage environmental business start-ups by
providing a common site where these small businesses can co-locate in order to benefit
from the resulting synergies and tap into BECA related resources.
The CEBIP incubator program intends to act as a catalyst to encourage environmental
incubator programs which promote the environmental industry and technologies, support
defense conversion and job creating efforts, and demonstrate how small and start-up
businesses can operate in an environmentally responsible manner, utilizing sustainable
technology practices within their companies.
3. BECA Demonstration Area
In keeping with the border orientation, a BECA Demonstration Area would be created
to encompass portions of the County of San Diego, portions of the City of San Diego,
and the Cities of Chula Vista, National City, and Imperial Beach. The Demonstration
Area would be developed as a pilot program to develop and demonstrate targeted
incentive programs for the emerging environmental industry. Incentives would be
designed to support business start-up and expansion, technology commercialization, and
cost-effective integration of state-of-the-art pollution prevention, waste minimization, and
sustainable technologies. Incentives could include direct financial assistance and cutting
edge pollution prevention training. Training programs would assist businesses to reduce
their operational costs as well as to pinpoint new opportunities in such areas as hazardous
waste disposal, pollution control equipment, and regulatory compliance.
4. BECA Regional Program Development
The BECA Alliance will provide a regionally-based vehicle to collaboratively pursue
public/private partnerships and related funding opportunities in such areas as international
trade (technology export), border-related clean-up and infrastructure, defense conver~ion,
and general economic development activities promoting the environmental industry.
[DYE\DISK#2\BECA-2,3PG]
Attachment A Page 3.<tJC ..f April 7, 1994
.,..._._,_._ ._·_·__,.m_~ "'_'."___'..'_..' ,.,___._
Attachment B
BECZ PROGRAM - mSTORICAL DEVELOPMENT
A. COUNCIL DIRECTION/FORMATION OF TASK FORCE
In January 1993, Council directed staff to pursue the establishment of an "Environmental Enterprise
Zone." On February 9 Council appointed a Council subcommittee including Counci1members Bob Fox
and Shirley Horton, and a Task Force with direction to sunset by August 1, 1993. The Task Force was
initially charged with sponsoring "state legislation amending the Enterprise Zone State code in order
to include two (2) demonstration projects - one in Chu1a Vista - aimed at encouraging environmentally
sound business/industrial development". Two key concepts were proposed at that time; "1) Enticing
companies through state and local incentives, and 2) Establishing an incubator program to "grow" new
start-up businesses. "
B. TASK FORCE "CONCEPT PAPER - APRIL 21 DRAFT
The Task Force subsequently developed a "Concept Paper" outlining a proposed a Border
Environmental Commerce Zone (BECZ) program. Council was given a Draft "Concept Paper" and
related staff report on April 21. The report indicated that the "scope and structure of the program...is
continually evolving." By that time the concept of an Environmental Technology Resource Center had
unfolded, adding to the initial two key program elements, i.e. the Environmental Incubator and the
Incentives Program. The Zone boundaries were proposed to include "portions of San Diego, portions
of the unincorporated County, and the cities of Chula Vista, National City, Imperial Beach and Lemon
Grove, and possibly Coronado. The boundaries stretched from north of Highway 94 to the border and
from the coast to east of future SR 125."
The report indicated that "The purpose of the Environmental Technology Resource Center would be to
provide centralized technical and business assistance, to seek state and federal funding for innovative
programs, and to be an environmental business clearinghouse. The ETRC would provide technical and
financial assistance to qualifying businesses, i.e. to both incubator tenants and non-tenants within the
Zone."
The April 21 report indicated that numerous issues were being evaluated, including the viability of
proposed legislation creating the zone and new tax incentives, viability of linking the program to
President Clinton's economic stimulus/economic conversion funding programs, refinement of business
eligibility criteria for incentive programs, etc. Related regional and state efforts that were recommended
"to be considered in our strategies" included the San Die!!o Economic Adiustment Pro!!ram (summarized
in an earlier March 30 memo), the County International Trade Program and statewide business incentive
initiatives.
Attachment B Page I April 7, 1994
.1IJ~ ...¿,
. - ---- _.,.,~..- -~-------
C. TASK FORCE WHITE PAPER - MAY 11 "FINAL" CONCEPT PAPER
Approval in Concept; Recommended BECZ Coordinator:
On May 11, 1993 the Task Force presented Council the recommended "Concept Paper." The Task
Force recommended that Council "approve the program in concept as proposed and provide up-front
seed money for a full-time Zone Coordinator" from FY 93-94 CDBG funds. The Coordinator was
needed to "flesh out the programmatic, political, structural, legal, and financial issues and to actively
seek public and private funds." Council approved the Concept Paper and directed staff to proceed to
contact other jurisdictions to develop a Joint Powers Authority (IPA) plan (see below) to be brought
back to the respective elected bodies.
BECZ Goals:
The May 11 Concept Paper (later renamed "White Paper") Introduction described the BECZ as "a
regional program designed to: 1) create jobs; 2) encourage environmentally sensitive businesses to
locate in the South Bay; and 3) encourage environmental-related international trade and clean-up. "
The White Paper Introduction explained that staff "were meeting with officials from the proposed BECZ
participating municipalities, as well as state and federal representatives to implement the BECZ
program... " and that "The success of the program lies in a strong partnership of local, regional, state,
federal and private entities. "
The White Paper identified the following goals:
1. Support environmental business and job creation
2. Support defense conversion efforts
3. Encourage border-oriented commerce and clean-up
4. Implement a state-designated pilot program
The White Paper indicated that "in order to accomplish its goals, the BECZ will encourage:
1. Research and development of innovative environmental technology;
2. Commercialization of new environmental technology;
3. Start up of environmentally sound businesses;
4. Export of U.S.-based environmental technologies, goods, and services; and
5. Attraction and expansion of environmentally sound businesses having a significant
economic impact"
The Three Key BECZ Program Elements:
In order to achieve its goals, the paper stated that "A variety of assistance programs will be offered
within the Zone". The White Paper outlined the proposed "business assistance programs" as follows:
.
Attachment B Page 2 ¿1, 7 April 7, 1994
-2 (;.-
. --". -~.-. _n__.______
l. Environmental Technolog:y Resource Center/Incubator
The ETRC was proposed to "become a source for state-of-the-art environmental technology
education, information, and training for the business community in Southern California...
including leading-edge pollution prevention and control training to all participating businesses....
The ETRC's role will be to:
· Serve as an information clearinghouse
· Provide access to financial assistance and technical assistance
· Provide regulatory compliance and permit processing assistance
· Provide centralized resource for displaced/transitioning workers and businesses"
2. Incubator
The ETRC and the Incubator were envisioned to "be established and operated under contract to
the BECZ's Non-profit administering entity." The Incubator was intended to "offer space to
qualifying start-up, re-emerging and small businesses" and would be located within Chula Vista.
The Incubator would offer a range of business assistance services both on and off site and would
be managed by an on-site Incubator Coordinator. Candidate tenants were to be screened by the
BECZ Technical Advisory Council and Financial Advisory Council, and would need to meet
certain criteria "including preparation of an acceptable business plan, demonstration of need,
business efficacy and product viability." They were also to be required to "contract" with the
incubator program for technical training or a team of advisors.
Numerous examples of business development-related technical assistance programs were
identified that could be resources for both the BECZ in general and Incubator tenants.
3. Financial Incentives/Eli!!ibilitv Criteria
The BECZ proposed to offer "direct financial incentives which would be tailored to the business'
needs, stage of development, and level of risk." A diverse list of possible types of financial
incentive programs was provided; specific proposed BECZ Financial Incentive Programs were
not yet developed.
Section III, page 2 of the White Paper outlined eligibility criteria "for BECZ assistance and
incentives." These criteria were to "determine a business' eligibility for BECZ assistance and
incentives." Eligible businesses were first dermed as:
· Producer - A company which innovates, develops or manufactures an environmentally-
sound product for one of the categories under Section B.
· User - Any business which uses environmentally sound technology, defined as technology
that goes above and beyond the required control technologies.
· Service Provider - Any business which provides services which are intended to prevent,
decrease control, mitigate, detect or monitor pollution.
Specific eligible business categories were identified as follows:
Attachment B page~~c ..r April 7, 1994
, .,'."., .-...------ .. ~ .-.--..
1. research, development and manufacturing of pollution control equipment
2. technologies or strategies that prevent pollution or decrease waste generation AND emit
small amounts of pollutants in the production phase
3. businesses producing products or processes promoting the conservation of natural
resources, such as water reclamation and sewage treatment technologies
4. development of alternative energy/fuel sources
5. pesticide and herbicide alternatives
6. non-point source treatment technologies
7. industries utilizing innovative low emission technologies
8. a business that exports products or services using environmentally-sound technology
9. consultant services
Further, to be eligible, the Paper indicated a business MUST:
1. Demonstrate that it utilizes the highest level of pollution prevention technology/processes
with a zero discharge goal. For those that do not use control technology, a qualifying
business must demonstrate that it strives for minimal depletion of the natural resources
it uses.
2. Achieve a threshold score on an Environmental Audit measuring environmental impacts.
Audit criteria will include, but not be limited to such factors as:
a) Historical environmental compliance record
b) Projected measurement of discharge to air, land and water
c) Storage and utilization of chemicals
d) Projected environmental contribution of product
e) Production process
f) Air Pollution Emission requirements:
(I) Compliance with one of the following measures - if the company is
subject to the Air Pollution Control District's New Source Review
requirements:
. Best Available Control Technology
. Reasonable Available Control Technology
(2) Participation in the State-mandated Permit Assistant Program - if the
company meets the Small Business Permit Assistance definition of "small
business" :
g) Performance of a Health Risk Assessment - if required by the APCD under the
Toxic Hot Spots Program.
3. Meet minimum economic viability criteria.
The Paper stipulated that a business must not import or collect for the primary purpose of
disposal or transport toxic, hazardous or radioactive wastes.
Atœchment B Page 2~G - 9 April 7, 1994
,.-~... .-._----~_._-,- --- -- ----
The Paper explained that a "non-qualifying business may consult with the ETRC to identify
methods to achieve compliance with Zone eligibility criteria and may reapply. The Paper
provided that businesses receiving BECZ incentives which fell into noncompliance with BECZ
goals and eligibility criteria or state laws/regulations would be "subject to penalties."
The Paper identified the intent to involve businesses within the Zone in training seminars and
technical assistance exchanges... to "tap state-of-the-art pollution prevention and control methods,
leading edge applications of new technologies, and multi-national environmental management
approaches. "
Proposed Joint Powers Authority:
The May 11 Paper proposed that the BECZ would be administered by a Joint Powers Authority
(JP A) that would have limited general oversight, insure regional participation and coordination,
be a vehicle for state or federal funding, and provide a regional entity for designation as a State
designated Zone.
Proposed Administering Non-Profit
The Paper also called for the creation of a Non-Profit comprised of private sector representatives
who would adopt the BECZ goals and Financial Incentive eligibility criteria, and establish
(directly or indirectly through other nonprofits) an ETRC and Incubator Program, create
Advisory committees, administer the BECZ Technical Assistance and Financial Assistance
programs, and solicit funding.
Proposed State LegislationlDesignation of the Zone
As noted previously, the May 11 paper envisioned State designation of the BECZ and
accompanying state legislation.
D. HIRING OF CONSULTANTS/ PROGRESS REPORT, AUGUST 24, 1993
On May 18 Council appropriated $100,000 in CDBa funds to hire a BECZ Director. Of the $100,000,
$50,000 was approved for immediate expenditure, with the remaining $50,000 to be available upon
receipt of $150,000 in matching funds from public and/or private sources.
On August 24, Council approved contracts with Environmental Business partners in an amount not to
exceed $10,000 to act as Interim BECZ Director to develop a BECZ business plan/implementation
strategy. Council also contracted with KSK & Associates for $10,000 to target and pursue likely state
and federal revenue sources and potential legislative vehicles for promotion of the Zone. Each contract
could be extended subject to Council approval.
The August 24 staff report identified the goals of the proposed BECZ to include: 1) encouraging the
start up and expansion of environmental businesses (as defined in the May 11 White Paper), thereby
creating jobs; 2) facilitating conversion from a defense-dependent economy to an economy that benefits
from high-growth industries of the future; 3) recruiting "clean" industry to the SouthBay; and 4)
encouraging border area clean-up. The report indicated that the BECZ proposes three (3) key
programs: 1) an Environmental Technology Resource Center (ETRC); 2) the development of one or
Attachment B Page 5 .2ðc. ~ /~ April 7, 1994
-,~.._. .
more environmental incubator facilities; and 3) the creation of a system of tiered incentives for
qualifying businesses located within the zone.
The report indicated that "It is critical that the city move forward quickly to define the ETRC's
proposed structure and delivery mechanisms and to solidify public/private partnerships and general
relationships essential to pursuing support and funding. Timeliness is important due to on-going
coordination efforts with the state and the Citv of San Diel!o pertaininl! to existinl! and future federal
funding applications." It further stated that "This regional alliance is vital to securinl! state and federal
t "
sUpDor .
The August 24 staff report included a progress report to Council. Key highlights of that report
included:
1. Meetings were being held with state and federal officials, including Cal EPA, Cal Trade
and Commerce, and state legislators. Cal EP A expressed interest in working with the
BECZ as relates to the Cal Environmental Technology Partnership (CAL ETP) program.
Trade and Commerce recommended we work with the City of San Diel!o and the Agency
to pursue federal TRP Funds.
2. Numerous endorsements (in concept) had been received, including San Diego County,
the Cities of National City and Imperial Beach and economic development and
environmental groups.
3. Staff had identified the following potential funding sources and noted that "These funding
sources look to regional cooperation as an essential factor in competition. "
· Economic Development Administration (EDA)
· Office of Econ. Adjustment (OEA)
· Technology Reinvestment Project (TRP)
The Progress Report outlined the City of San Diego's Economic Adjustment Program which was
financed by the OEA, Trade and Commerce, and a proposed $5.8 million EDA grant (the EDA grant
has since been awarded). The reDort stated that "In order for Chula Vista to successfullv Dursue EDA
or OEA grant oDDortunities it is important that we coordinate with San Diego's ongoinl! rel!ional efforts
due to the requirements of those I!rant prol!rams. "
Further, the progress report indicated that "in terms of TRP funds. through coordination with the State
and Citv of San Diel!o. the BECZ's proposed Environmental Technolol!v Resource Center ŒTRC) has
been intel!rated into the State of California's application for TRP funds. The ETRC is Droposed as a
satellite facilitv to the San Diel!o Hil!h Technolol!v Resource Center."
BECA. 232
Attachment B Page 6 ~(;"// April 7, 1994
~._.-
Attachment C
IMPLEMENTATION STRA TEGIES/RECOMMENDA TIONS
A. BACKGROUND
A great deal has occurred since the original adoption by Council of the BECZ White Paper.
Official conceptual endorsements have been obtained from National City, Imperial Beach, San
Diego County and numerous economic development and environmental groups. While extensive
groundwork has been laid with the San Diego Chamber of Commerce, the City of San Diego,
the California Environmental Protection Agency (CAL EP A), and the state Trade and Commerce
Agency, no official endorsements have been received. Staff feels that these endorsements are
clearly interrelated and are essential to successful pursuit of state and/or federal support. Staff
also feels that further action should be based upon a strategy designed to insure San Diego City
and Chamber. and the State's participation by addressing their resnective (but again. interrelated)
concerns. while maintaining the integrity of the ori!!inal I!oals and obiectives of the BECZ
prol!ram. Staff, in conjunction with the Council Subcommittee and the two consulting fInns
hired by Council to develop this program propose the following strategy outlined in Sections
C - G below and suggest that the implementation ofthis strategy is extremely time sensitive.
B. RELATIONSHIP OF NEEDED OUTSTANDING ENDORSEMENTS (SAN DIEGO,
SAN DIEGO CHAMBER, STATE)
It is staff's opinion that the support of the San Diego Chamber of Commerce is critical on two
levels. First, we need to consider the recommendations made by the Chamber as a legitimate
voice of the San Diego business community. It carries considerable clout and can be used to
move our agenda forward. Without it we risk losing momentum, credibility, and the political
support we must have. Without it the task of securing state/federal funding may simply not be
realistic. Secondly, the City of San Diego is looking to the Chamber in its own decision-making
process in terms of endorsing our program. The Chamber's position will undoubtedly playa
major role in their willingness to partner with us on this project. It is important to note that
staff's impression is that the San Diego Chamber wants to get behind this program and will
endorse it if we can show the recommended flexibility.
The City of San Diego is an essential partner for the BECZ concept. Council has clearly
identified this as a regional program. Additionally, staff suggests that without the City of San
Diego involved in this regional alliance there will be no serious participation or support from
the State. While staff has worked with the State via Cal EPA and Cal Trade and Commerce,
for the past year to promote the BECZ as an integral element of the new California
Environmental Technology Partnership (Cal ETP) and has made definite inroads, there has been
no solid movement or endorsement. It seems fairly obvious that without San Diego's "buy-in"
our efforts there will be generally ineffective. However, with San Diego's buy-in, there is
potential for moving the BECZ concept into the state's Cal ETP and economic development
strategies and potentially to position ourselves for related funding. Again, it is important to note
Attachment C Page I .J.dG "1.2. April 7, 1994
. -"- ..- -,----- -- ~...-.._.._-_._-- ._~----, .
that San Die2:o staff are working cooperativelv with our staff to seek EDA funds for our ETRC.
based UDon the strategy outlined herein. San Diego staff have recommended that we prepare a
brief BECA outline for submission to the San Die2:o Council in the immediate future. Such an
outline is being forwarded to Council with this memo and to San Diego staff and the San Diego
Chamber of Commerce (see Attachment A).
In terms of federal funding, again, City of San Diego participation is critical. Federal initiatives
are looking for re2:ional support, and coordination of oro2:rams. One very time sensitive
examole is federal EDA funding. Staff has been working extensively with the City of San
Diego's Economic Development Services Department to lay the groundwork for integrating our
proposal into the on-going regional Economic Adjustment Program which just received $5.8
million in EDA funding (see ETRC, Section E). But beyond this particular funding opportunity,
staff feels that a regional alliance with the City of San Diego is essential to our general federal
grant solicitation efforts.
C. CITY OF SAN DIEGO/S.D. CHAMBER CONCERNS
The concerns expressed by these two entities include:
1. Preference for a more broadly based regional "Alliance" of entities and resources
promoting environmental business and technologies, versus the creation of another
"Zone"
2. Reluctance to form a IP A, i.e. another level of bureaucracy; prefer to accomplish
via Alliance
3. Preference for the designation of a "Demonstration Area", to encompass the
originally proposed BECZ boundaries, as the "zone" within which unique,
targeted incentives (with appropriate, tailorized eligibility criteria) would be
offered
4. Concerns regarding the perception that the White Paper's proposed BECZ
eligibility criteria (relating to such items as historical environmental compliance
issues and zero emission goals) are intended to apply to all businesses wishing to
locate within the BECZ boundaries, versus iust those applying for special
Demonstration Area financial incentives.
5. Concerns that the proposed Demonstration Area financial incentive program
eligibility criteria are being proposed prematurely as overriding criteria for anv
business wishing to apply for such assistance. The concern does not appear to
lie with the establishment of specific criteria for financial, and possibly other,
unique Demonstration Area incentives (available only to businesses within the
Demonstration Area - the original Zone boundaries) but rather there is a
preference to establish such criteria concurrentlv with establishin2: the individual
"tiered" incentive pro2:rams. Indications are that initial endorsement would
support the identification of specific Demonstration Area Goals and Objectives
Attachment C Page 2 .lI} Co "'I ;J April 7, 1994
--" "-" -+----_._---_._._~_._._. ..--.--....
which the program would intend to incentivize, but not specific prescriptive
criteria that would apply across the board.
D. PROPOSED BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA)
In meeting informally with City of San Diego staff and S.D. Chamber representatives, the
following scenario has evolved and is being recommended by staff and the Council subcommittee
via this memo. It should be emphasized that this is based only on staff level discussions and that
the process must be viewed as a dynamic one. Staff is proceeding to formalize recommendations
to the City of San Diego and the San Diego Chamber based upon the general parameters
described.
Staff recommends that Chula Vista promote the BECZ as a BORDER ENVIRONMENTAL
COMMERCE ALLIANCE (BECA). This avoids the problem of overlapping "zones" and
encourages "buy in" by San Diego in that it corresponds to their state-designated Regional
Technology Alliance as well as to federal jargon related to prominent upcoming federal funding
programs. Additionally, San Diego staff feels they can sell this to their Council better because
it allows for an umbrella coalition without the legal issues (or staffing issues) raised by a Joint
Powers Authority. Staff suggests that the JPA approach was viewed from the beginning by the
Task Force as subject to change should a better vehicle be identified.
Staff recommends that the BECA be promoted as an umbrella coalition that is inclusive of both
existing environmental industry-related programs within the region as well as proposed BECA,
and specifically, Demonstration Area, programs. For examnle, the BECA would encompass the
City of San Diego's existing state-designated Recycling Zones, the proposed UCSD
Environmental Technology Institute, and our proposed Environmental Technology Resource
Center (ETRC), Environmental Incubator, and Environmental Technology Demonstration
Area Incentives Program. (Note: the ETRD and Incubator will be within the Demonstration
Area. )
The Alliance, as proposed, would allow the entities represented to pursue their respective
projects with the emphasis being on coordination and leveraging of resources to encourage the
growth of the environmental industry. The Demonstration Area Incentives Program would be
a component within this overall alliance, with its own specific goals and objectives (as per our
original intent). However, the Alliance would give us the regional coalition (and related clout)
that we need to move our concept forward.
E. PROPOSED REGIONAL ENVIRONMENTAL TECHNOLOGY RESOURCE
CENTER (ETRC)
Staff suggests that we move forward immediately to take advantage of an opportunity to seek
federal Economic Development Administration (EDA) funding. San Diego staff has committed
to working with us to apply for an EDA grant which would compliment their existing $5.8
million EDA grant for their Economic Adjustment Program. (The San Diego grant is funding
a High Tech Resource Center (HTRC), Technology Incubator, World Trade Center, and a High
Tech Seed Capital Fund.) Chula Vista would be applying for funding for a "satellite center" to
Attaclunent C Page 3 J./)c. _11/ April 7, 1994
.---._._.__._-.-_..._--~- -.--_.....-
the HTRC which would be located at the Southwestern College Small Business
Development/International Trade Center (SBDITC). The ETRC would provide regional services
with an emphasis on South Bay businesses, as well as a particular snecialty in the area of
environmental technologies. A meeting has been scheduled for April 4 with the EDA
representative, San Diego staff, Chula Vista staff, Southwestern College SBDC, Environmental
Business Partners and our potential EDA grant consultant, Charlie Clark. (Mr. Clark was the
architect of San Diego's EDA grant. Should EDA give us the go-ahead, staff will be bringing
a proposed contract to Council to hire Mr. Clark to prepare Chula Vista's EDA application - a
labor intensive 9 month-l year process.)
The strategy is to obtain funding for the ETRC to provide a variety of technical assistance
services - both high tech, and environmental technology specific. This center and the EDA
funding would provide us a tangible foundation to build on in developing future Demon Area
programs. This would also cement an alliance with San Diego, the state (the HTRC is part of
the state's Regional Technology Alliance) and the feds.
F. PROPOSED BECA ENVIRONMENTAL INCUBATOR
Staff has been successful in positioning our proposed Incubator as one of the three statewide
incubators in the California Environmental Business Incubators Project (CEBIP) under the state's
Environmental Technology Partnership (CAL ETP). The state has announced these three
environmental incubators to be located in conjunction with the three Regional Technology
Alliances in San Diego, L.A. and Silicon Valley. The San Diego area incubator will be in
Chula Vista. The CEBIP will act as a catalyst for the creation of the new generation of
environmentally focused businesses to advance California's leadership to the forefront of
environmental technology. The CEBIP intends to do this by marrying incubators with
technology driven firms, creating a critical mass of new environmental businesses. Ultimately,
proposed programs could include: 1) business development training for start-up entrepreneurs;
2) technology marketing and EPA distribution linkage (partnership linking); 3) creation of
regional, national and international marketing/distribution channels; 4) focused export assistance;
5) OTJ displaced worker training; 6) permitting assistance; 7) on-line environmental information
databases; and 8) the demonstration of how small businesses can operate in an environmentally
responsible manner and promote sustainable development practices within their companies, and
the development of a "Green Business" handbook for small business start-ups.
Staff is working with the California Business Incubator Network (CBIN) and Business Cluster
Development (BCD) to develop our program. Mr. Jim Robbins of BCD is working on a number
of "cluster industry" incubators throughout the state and is snecifically orl!anizing the three
statewide environmental incubators. Under the proposed scenario, CBIN will enter into the
contract with Mr. Robbins, who raises the necessary funding, obtains donated space and handles
budget preparation, hiring, screening tenants, etc. CBIN is the nonprofit recipient of funds;
their accountants, Coopers and Lybrand, handle the paperwork related to federal IRS
requirements. Staff will be bringing the City Manager a proposal to provide the non-profit the
$10,000 in seed money necessary to initiate a contract with Mr. Robbins.
Attaclunent C Page 4 .ltJ / April 7, 1994
C. ../.>
-,..--------..-.....-. -,' - -." -,_...._~-~_--..------'-_._- --..- "'--.--...--...-..-..--.
G. PROPOSED ENVIRONMENTAL TECHNOLOGY DEMONSTRATION AREA
As mentioned above, the proposed Alliance would include as a subcomponent an Environmental
Technology Demonstration Area. The boundaries of this area are proposed to be the same as
those proposed under the oril!inal BECZ White Paper. The idea would be to develop financial
assistance and other incentives that would be available to businesses within this Demonstration
Area, to be delivered either through the ETRC and/or through a separate Demonstration Area
administering entity. The Demonstration Area is "at the heart of" the originally proposed BECZ
incentives program. This sub-component of the Alliance would be designed to address the
original intent of "creating an environment in which innovative, minimal-impact processes and/or
end-use products can be developed and utilized to help clean our air, water and land by
providing incentives for companies that manufacture products or provide services that are
environmentally beneficial, in a manner that is environmentally friendly." The Demonstration
Area concept may entail a designated time period, with the intent to ultimately expand the
program geographically at some future date. This conceDt is consistent with the oril!inal White
Paper which described the Drogram as a "pilot Drogram" (originally viewed as a "state pilot
program"; this could shift to a "federal demonstration area").
By moving ahead with the Alliance, the ETRC (as a satellite to San Diego's HTRC) and the
Incubator, we would be positioning ourselves to be more successful in seeking matching
federal funding (such as U.S. EPA) for this Demonstration project. The specifics would
clearly need to be ironed out as funding sources become identified.
H. ENVIRONMENTAL TECHNOLOGY DEMONSTRATION AREA ELlGffiILITY
CRITERIA
One of the most controversial aspects of our original White Paper is the presentation of proposed
eligibility criteria. The paper itself was admittedly confusing, leading many readers to think that
the eligibility criteria were intended to apply to any business locating within the Zone (now
"Demonstration Area") versus just those voluntarily applying for special BECA incentives. This
has been verbally clarified and can easily be clarified in any future presentations. However, as
discussed in B.S. above, the Chamber's concerns go beyond this; the Chamber is fundamentally
concerned about establishing criteria that would apply across the board to any incentive program
and to anv business interested in applyinl!. Staff suggests that we modify our presentation to
continue to address specific Demonstration Area goals and objectives, incorporating eligibility
criteria into these objectives in a more positive way. The criteria become specific objectives
which the Demonstration Area intends to incentivize, as opposed to prescriptive "mandates".
Staff agrees that we mav be premature in castinl! all-inclusive criteria in concrete and
recommends that we seek the Chamber's endorsement based upon overall Alliance goals as well
as specific Demon Area objectives, with the intent to develop specific criteria for specific
Demon Area incentive prol!rams as they evolve and are funded. We do not feel that this
undermines the program's original intent, but that it allows us greater flexibility to move
forward. It should be noted that our existing consultants are charged with developing a BECA
(BECZ) Operational Plan; staff feels that this document may be the appropriate place to begin
to get specific with eligibility criteria as relates to specific proDosed tynes of incentive prol!rams.
BECA.233
Attaclunent C Page 5 .2llc. .../¿, April 7, 1994
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