HomeMy WebLinkAboutAgenda Packet 2005/04/26
CITY COUNCIL AGENDA
April 26, 2005 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Steve Castaneda
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
**********
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
April 26, 2005
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
OHice of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
AGENDA Dated l{)Zz{07 Slgned~ ~
6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE:
- Dr. Robert Christopher Searles, Parks and Recreation Commission
William Tripp, Planning Commission
· PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO GEORGE
KREMPL UPON IDS RETIREMENT FROM THE CITY OF CHULA VISTA AFTER
21 YEARS OF SERVICE
· PRESENTATION BY MAYOR PADILLA TO EXECUTNE SECRETARY, DONNA
TOLEDO, OF A PROCLAMATION DECLARING THE WEEK OF APRIL 24
THROUGH APRIL 30, 2005 AS ADMINISTRATNE PROFESSIONALS WEEK IN
THE CITY OF CHULA VISTA
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation ITom Arthur Trip1ette, Jr., member of the Civil Service
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
B. Request ITom Councilmember McCann for an excused absence ITom the April 19,
2005 City Council Meeting, due to family medical reasons; and ITom the meeting
of Apri126, 2005, due to active military duty.
Staff recommendation: Council excuse the absences.
Page I - Council Agenda
April 26, 2005
2. ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF
DEPUTY DIRECTOR OF GENERAL SERVICES (SECOND READING; 4/5THS
VOTE REQUIRED)
With the adoption of the General Services Department's Strategic Plan and the
development of the Police Department's Strategic Plan, a number of functions have been
identified for reorganization within the City's organizational structure. These changes
reflect the practical, operational and long-term issues facing the City in a variety of areas
and should enable the affected departments to provide services to the public in a more
efficient manner. (City Engineer)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $78,673 FROM
THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND (4/5THS VOTE
REQUIRED)
Currently the City has unclaimed monies in the amount of $78,673 in the Cash Bond
Deposit Fund. This money was deposited by the Police Department in accordance with
Article 3, Section 50050 of the Government Code. According to Govemment Code
provisions, money that remains unclaimed for three years may become the property of the
City after certain advertising requirements are met. This money is now eligible for
transfer to the General Fund. (Chief of Police)
Staff recommendation: Council adopt the resolution.
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE SPEED LIMIT ON MOSS STREET BETWEEN INDUSTRIAL
BOULEVARD AND BROADWAY FROM 35 MILES PER HOUR TO 30 MILES PER
HOUR (FIRST READING)
Based on the provisions of Division 11-Chapter 7-Article 1 (Sections 22348 thru 22366)
and Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the California
Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code
Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City Engineer
has determined that, in the interest of minimizing traffic hazards and for the promotion of
public safety, the speed limit on Moss Street between Industrial Boulevard and Broadway
be reduced ITom 35 mph to 30 mph. This speed limit will be amended in Schedule X of
the register maintained in the Office ofthe City Engineer. (City Engineer)
Staff recommendation: Council place the ordinance on first reading.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 LIDRARY DEPARTMENT BUDGET BY
APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $4,500 FOR THE EVEN START FAMILY LITERACY GRANT
(4/5THS VOTE REQUIRED)
Page 2 - Council Agenda
April 26, 2005
The California State Department of Education has advised the Chu1a Vista Literacy Team
that the Fiscal Year 2005 Even Start Family Literacy grant has been augmented by
$4,500 to cover expenses incurred for the purchase of children's books and materials for
Even Start parents to use at home. The Library partners with the Chula Vista Elementary
School District, which is the primary agency providing Even Start family literacy
services. The Library intends to pass $4,500 in grant augmentation funds through to the
District to pay for the purchases. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE EMERGENCY
VEHICLE PRE-EMPTION INSTALLATION PROGRAM - CITYWIDE (TF-310)
PROJECT TO HMS CONSTRUCTION, INC.
The Emergency Vehicle Pre-emption Installation Program was approved and budgeted as
part of the Fiscal Year 2004/2005 Capital Improvement Programs. The scope of the
project includes the installation of Emergency Vehicle Pre-emption Equipment and minor
traffic signal modifications/repairs at seventeen signalized intersections in the City.
Adoption of the resolution awards the contract to HMS Construction, Inc. in the amount
of $204,959. (City Engineer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, DUDEK AND ASSOCIATES (CONSULTANT), K. HOVNANIAN AT
BELLA LAGO, LLC, AND BELLA LAGO, LLC (APPLICANT), FOR BIOLOGICAL
MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE
RENDERED FOR THE BELLA LAGO TENTATNE TRACT MAP AND PRECISE
PLAN FINAL ENVIRONMENTAL IMPACT REPORT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program (MMRP)
was adopted by the City Council for the Bella Lago tentative tract map and precise plan.
Adoption of the resolution approves the proposed contract with Dudek for a total of
$46,585 to provide consulting services as the Environmental Monitor Specialist
(biological) for the Bella Lago Final Environmental Impact Report for a period of five
years. Dudek will have contracts with a combined total exceeding $50,000 within the
upcoming 12 months; therefore, Council approval is necessary. (Director of Planning
and Building)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 3 - Council Agenda
April 26, 2005
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
8. CONSIDERATION OF AN INCREASE TO THE SEWERAGE CAPACITY CHARGE
AND THE MODIFICATION OF THE MASTER FEE SCHEDULE
The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"),
provides sewage treatment services to 14 participating agencies that do not own and
operate a sewage treatment facility. The City of Chula Vista, along with the other
participating agencies, sends sewage generated to San Diego's Point Lorna Wastewater
Treatment Plant for treatment. In 1985, Chula Vista established the sewerage capacity
charge to fund the planning, design and construction of wastewater collection or
treatment facilities needed to facilitate the development of the City. It was also intended
to fund either the construction of treatment facilities or the purchase of additional
treatment capacity rights in the Metro sewer system. Since then, the City has made
several adjustments to the sewerage capacity charge; however, another increase is needed
to ensure that there is adequate revenue necessary to fund the acquisition of additional
sewage treatment capacity rights. Therefore, it is recommended that the current sewer
capacity charge be increased ITom $3,000 to $3,478 to ensure that there is adequate
capacity in the system. (City Engineer)
Staff recommendation: Council open the public hearing and continue it to the meeting of
May 10, 2005.
9. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE
PROHffiITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED
FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES FOR AN
INTERIM PERIOD OF FORTY-FNE (45) DAYS
On February 1, 2005, City Council requested that staff examine the need for an urgency
ordinance to prevent further check cashing and deferred deposit establishments in the
City of Chula Vista. Concerns associated with these types of businesses include: the lack
of minimum security standards; a decrease in neighboring property values; and the
displacement/discouragement of other desirable businesses, including full-service
financial institutions. Accordingly, a temporary moratorium on check cashing and
deferred deposit business is proposed, so that the matter can be thoroughly studied and
new regulations brought forth. (Director of Planning and Building)
Staff recommendation: Council adopt the following Urgency Ordinance, and place the
Ordinance on first reading:
A. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA PROHffiITING THE PERMITTING OR APPROVAL OF ANY
NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED
DEPOSIT USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS
(4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PROHffiITING THE PERMITTING OR APPROVAL OF ANY NEW OR
EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DESPOSIT
USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS (FIRST
READING) (4/5THS VOTE REQUIRED)
Page 4 - Council Agenda
April 26, 2005
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
10. CONSIDERATION OF APPROVAL OF THE TEMPORARY CLOSURE OF
EASTLAKE PARKWAY BETWEEN MILLER DRNE AND RIDGEWATER DRNE,
FROM JUNE 6, 2005 TO JUNE 20, 2005
San Diego Expressway Limited Partnership, L.P. by California Transportation Ventures,
Inc., its General Partner ("CTV") has requested temporary closure of Eastlake Parkway
between Miller Drive and Ridgewater Drive. The temporary road closure is needed in
order to construct a temporary on-site detour for the construction of a new bridge over the
SR-125 Toll Road. (City Engineer)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM
JUNE 6, 2005 TO JUNE 20, 2005 BETWEEN MILLER DRNE AND
RIDGEWATER DRNE, AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A TEMPORARY ENCROACHMENT PERMIT TO SAN DIEGO
EXPRESSWAY LIMITED PARTNERSHIP, L.P. BY CALIFORNIA
TRANSPORTATION VENTURES, INC., ITS GENERAL PARTNER FOR
THE CONSTRUCTION OF THE TEMPORARY ON-SITE DETOUR
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
A. Ratification of appointment to the Housing Advisory Commission: Steve Zasueta
(At large member).
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
Page 5 - Council Agenda
April 26, 2005
. Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo
. Employee organizations: Police Officers Association, Chula Vista Employees
Association, International Association of Fire Fighters, Western Council of
Engineers
ADJOURNMENT to the Regular Meeting of May 10, 2005, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda April 26, 2005
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UR CESDEPl
ARTHUR H. TRIPLETTE, JR
4869 JUNEBERRY COURT
SAN DIEGO, CA 92123
858/277-7334-hoDle
858/627-7191-work
atriplette@san.rr.com
April 11, 2005
Marcia Raskin
Director of Human Resources
276 Fourth Avenue, MS-H100
Chula Vista, CA 91910
Dear Ms. Raskin:
It is with great regret that I Dlust resign DlY position on the Civil Service ColIllIlission for
the City of Chula Vista. As you know, I recently Dloved out of the Chula Vista area and
no longer meet the residency requirement to remain on the Commission,
I appreciate the opportunity I had to work with my fellow commissioners and your
Human Resources staff. Please pass along my many thanks to the department heads who
brought personnel matters to our attention in a very professional manner. I always
enjoyed approving the exceptional merit increases. I think Chula Vista is very fortunate
to have so many exceptional employees, All the best to everyone,
Sincerely,
Wctk,
Arthur Triplette
Cc: Mayor and Council
City Clerk
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
0lY OF
CHUlA VISTA
Thursday, April 21, 2005
TO:
The Honorable Mayor & City Council
Natalie D. Floreyn1
Excused Absence
FROM:
RE:
Councilmember John McCann has requested an excused absence for the City Council Meeting
for April 19, 2005 due to family medical reasons.
He has also requested an excused absence for the April 26, 2005 City Council Meeting as he will
be on Active Military Duty.
Cc: City Clerk
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StCO~D~ DRAFt
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE
POSITION OF DEPUTY DIRECTOR OF
GENERAL SERVICES
WHEREAS, the Human Resources Department has created new
classifications to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section
500 of the Charter of the city, there are established the unclassified positions
entitled deputy city manager, administrative services manager, deputy fire chief
assistant fire chief, assistant chief of police, assistant director of finance,
assistant director of budget and analysis, fiscal operations manager, funds
development strategic planning manager, purchasing agent, treasury manager,
assistant director of human resources, director of employee development, risk
manager, assistant director of public works and operations, assistant director of
building and housing, deputy building official, building services manager, building
and park construction manager, parks and open space manager, assistant
director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, western Chula Vista development manager, traffic engineer, deputy
director of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental
services, deputy director of planning, assistant director of planning, special
planning projects manager, general plan project manager, chief of staff,
constituent services manager, community liaison (assigned to the office of the
mayor and city council), , regional computer forensic laboratory network
engineer, director of budget & analysis (2991), energy services manager,
communications manager, office specialist, intergovernmental affairs coordinator,
2-1
DRAFT
California border alliance group deputy executive director, California border
alliance group budget manager, Califomia border alliance group meth. strike
force coordinator, California border alliance group network administrator,
California border alliance group operations/intelligence coordinator" California
border alliance group program manager, Califomia border alliance group
program analyst, California border alliance group management assistant,
California border alliance group network assistant, Califomia border alliance
group executive assistant, deputy director of General Services.
SECTION II: This ordinance shall take effect and be in full force thirty days from
its adoption.
Submitted by:
Approved as to form by:
Marcia Raskin
Human Resources Director
~~~~Cl\\
Ann Moore '
City Attorney
J:attorney/Ordinance/Classification 2005 ordinance
2-2
COUNCIL AGENDA STATEMENT
Item: ..3-
Meeting Date: 4/26/05
ITEM TITLE:
RESOLUTION TRANSFERRING UNCLAIMED
MONIES IN THE AMOUNT OF $78,673 FROM THE CASH
BOND DEPOSIT FUND TO THE GENERAL FUND.
SUBMITTED BY: Chief of pOlice:b,^,'tt~ Rtf..
REVIEWED BY: City Manager&tL-'Q1J" (4/5ths Vote: YeslLNo --1
-:f~
Currently the City has unclaimed monies in the amount of $78,673 in the Cash
Bond Deposit Fund. This money was deposited by the Police Department in
accordance with Article 3, Section 50050 of the Government Code. According to
Government Code provisions, money that remains unclaimed for three years
may become the property of the City after certain advertising requirements are
met. This money is now eligible for transfer to the General Fund.
RECOMMENDATION: That Council adopts the resolution transferring unclaimed
monies in the amount of $78,673 from the Cash Bond Deposit Fund to the
General Fund.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Unclaimed monies primarily include cash confiscated during arrests that has
remained unclaimed for over three years. The Police Department recommends
the transfer of these unclaimed monies to the General Fund. According to
Government Code Section 50051, these funds may become the property of the
City after a 3-year period and on a designated date not less than 45 days or not
more than 60 days after the first notice in the newspaper. Items less than $10 in
amount may be transferred without publishing a notice. The public notice was
published in the Star News on March 4 and 11, 2005.
FISCAL IMPACT:
This transfer will result in $78,673 in revenues to the General Fund. These
revenues are currently budgeted. As a result, there is no impact to the General
Fund.
3-1
DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT
OF $78,673 FROM THE CASH BOND DEPOSIT FUND TO THE
GENERAL FUND.
WHEREAS, the City currently has unclaimed monies in the amount of
$78,673 in the Cash Bond Deposit Fund; and
WHEREAS, these unclaimed monies primarily includes cash confiscated
during arrests that remained unclaimed for over three years; and
WHEREAS, according to Government Code Section 50051, these funds
may become the property of the City after a 3-year period and on a designated
date not less than 45 days or not more than 60 days after the first notice in the
newspaper; and
WHEREAS, public notice was published in the Star News on March 4 and
11, 2005.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve the transfer of unclaimed monies in the amount
of $78,673 from the Cash Bond Deposit Fund to the General Fund.
øbY ---,
Richard P. Emerson
Police Chief
Approved as to fo
3-2
COUNCIL AGENDA STATEMENT
Item 4-
Meeting Date 04/26/05
ITEM TITLE:
Ordinance Decreasing the Speed Limit on Moss Street between
Industrial Blvd. and Broadway ITom 35 mph to 30 mph
SUBMITTED BY: City Engineer 6k
REVIEWED BY: City Managebt V t'"
(4/5ths Vote: Yes_ NoX)
Based on the provisions of Division ll-Chapter 7-Article 1 (Sections 22348 thru 22366) and
Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the California Vehicle Code (CVC),
and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established
Speed Limits In Certain Zones," the City Engineer has determined that, in the interest of minimizing
traffic hazards and for the promotion of public safety, the speed limit on Moss Street between
Industrial Blvd. And Broadway be reduced ITom 35 mph to 30 mph. This speed limit will be
amended in Schedule X of the register maintained in the Office of the City Engineer.
RECOMMENDATION: That Council adopt the ordinance.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of March 10,2005,
voted (6-0-1, Commissioner Gove absent) to concur with staff's recommendation to decrease the
speed limit on Moss Street between Industrial Blvd. and Broadway ITom 35 mph to 30 mph.
DISCUSSION:
Moss Street from Industrial Blvd. to Broadway is currently posted with a 35 mph speed limit. Based
on the provision of the California Vehicle Code and pursuant to authority under the Chu1a Vista
Municipal Code, staff has completed an Engineering and Traffic Survey for this roadway that will be
in effect until August 2011 (See Attachment). Based on the results of this survey, staff recommends
decreasing the speed limit on this roadway to 30 mph.
The accident rate for Moss Street between Industrial Blvd. and Broadway is much higher than the
State rate for similar roadways. Recently, staff completed an Engineering and Traffic surveyforthis
roadway recommending to reduce the speed limit ITom 35 mph to 30 mph. Staff considers that this
measure will significantly contribute to lower the rate and severity of the accidents on this roadway.
Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in
the office of the City Engineer will be revised to include the following information:
4-1
Page2,fiem~
Meeting Date 04/26/05
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
Moss 51. Industrial Blvd. Broadway 30 mph
The existing characteristics for Moss Street, as shown in the Engineering and Traffic Survey, are
listed in the following table.
Segment Limits Industrial Blvd. - Broadway
Le~dth 0.37 mi. / 29' - 52'
Classification Class III Collector
ADT (Year) 6,744 (2004)
Exist. Speed Limit 35 mph
8Stb% Speed 33 mph
Number of Lanes 2
Stripinl! Centerline stripe with a left turn pocket at Broadwav.
On-Street Parking Prohibited west of Colorado and on the south side between
Broadwav and Jefferson.
Land Use Mostly single and multi-family residential with limited industrial
near the trolley crossing and commercial along Broadwav.
Horizontal Alil!DDlent Straight
Vertical Alignment Less than 2% grade along the segment with a minor grade change at
the trolley crossing.
Accident Rate: 6.58/1.95 (per million vehicle miles)
Selmlent / State
FISCAL IMPACT:
The cost to replace existing speed limit signs is $ 150.00.
Attachments: Engineering Traffic Survey
Aerial
Basic Speed Law
J:\Engineer\AGENDA\Moss St.speed.nnp.doc
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Moss Street
LIMITS: IndllStrial Blvd - Broadwav
Length of Segment (ft): 1.975' (0.37miles)
Existing Posted Limit (mph): 35m:oh
SUMMARY OF SPEED SURVEYS
Segment: Industrial Blvd - Broadwav
Date Taken: 08/10/2004
No. ofVèhicles on Sample (cars): 100
85th Percentile (mph): 33m-Dh
Range of Speeds Recorded (mph): 18 - 44m:oh
ROADWAY CHARACTERISTICS
Width (ft): Varies ITom 29'- 52' curb to curb.
Total No. of Lanes: Two lanes (one per direction) .
Horizontal AJi,.anment: Tangent
Vertical Alignment: Less than 2% grade change throughout the se=ent with a minor grade change at..
the trolley crossing.
TRAFFIC CHARACTERISTICS
Average Daily Traffic: 6.744 (year 2004)
On-Street Parking: Allowed everywhere excetJt south side between Broadwav and Jefferson and
no park:i:o.g west of Colorado Avenue.
Special Conditions: Single familv homes on the south side of the se=ent and multi family
_ dwellings with direct drivewav access on the north side of the se=ent. Trollev
crossing East ofIndustriiù Blvd. .
Accident History: The accident rate at this se~ent is 6.58 (per million vehicle miles) which is
higher than the average rate of 1.95 for similar highwayS in the State of
California.
SURVEY RESULTS
Study was Prepared by: Ramon M. Jauregui
Date: 12/02/2004
Reco=endation: Lower sPeed limit to 30mph
due to high accident rate and
85~erc~e~~~t~d.
Date Recommendation Approved:.-:£" v . f~
BýJames R. Newton. P.E.
Approved Speed Limit (mph): 30 mph
Per CVC 40803, Survey Expires: 08/10/2011
4-3
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY Moss ( Industrial Blvd - Broadwav)
DATE 8/10/2004 SURVEY SITE 50' West of Oaklawn
TIME START 1 :40 PM TIME END 2:08 PM
POSTED SPEED 35 moh
WEATHER Clear
DIRECTION: East =0 West =/
MFH 5 10 15 2Q TOTAL % CUM%
45
44 0 \ 2 2 100
43
42 0 1 1 98
41
40 0 0 \ 3 3 97
39
38 0 \ . . ._-. -. . - 2 2 94
·37
36 \ 1 1 92
35 \ 1 -1 91
34 0 0 0 3 3 90
..
32 0 0 0 0 \ \ 6 6 84
31 0 0 0 0 \ \ \ \ 8 8 78
30 0 0 0 0 0 \ \ \ 8 8 70
29 0 0 0 0 0 \ \ \ \ \ \ \ 12 12 62
28 0 0 0 0 \ \ \ \ \ \ \ 11 11 50
27 0 0 0 0 \ \ 6 6 39
26 0 \ \ \ 4 4 33
25 0 0 \ \ \ 5 5 29
24 0 0 0 0 \ \ \ \ 8 8 24
23 0 0 \ \ 4 4 16
22 0 \ \ 3 3 12
21 0 0 0 \ 4 4 9
-..20. \ \ I.. - .. . - - 2 2 ·.5:·
19 0 \ .. . 2 2 3
18 0 - 1 1 1
17
16
15
14
13 .
12
11
10
9
8
7
6
RECORDER: Ramon M Jauregui TOTAL NUMBER OF VEHICLES: 100
. . -- -- .
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. BASIC SPEED LAW
Speed limits in Califomia are govemed by the California Vehicle Code, Sections 22348
through 22413, and Section 22350, The Basic Speed Law, of the Vehicle Code. This
Basic Speed law provides that no person shall drive a vehicle upon a highway at a
speed greater than is reasonable or prudent, having due regard for weather, visibility,
traffic and the surface. and width of the highway, and in no event at a speed which
endangers the safety of persons or property. The basic· speed law is founded on the
belief that most motorists are able to modify their driving behavior properly, as long as
they are made aware of the conditions around them.
Section 22358.5 of the Vehicle Code states that it is the intent of the Legislature that
physical conditions such as width, curvature, grade and surface conditions, or any other
conOit-ion readily a¡;>parent to the driver, in the absence of other factors, would nÖt
require special downward speed zoning. The speed timit normally should be established
at the first five mile per hour increment below the 85th pe-rcèhtile speed. However, in
matching existing conditions with the traffic safety needs of the community, e¡;¡gineering
judgment may indicate the need for a further reduction of five miles per hour. The
factors justifying such a further reduction are the sáme factors mentioned above.
Whenever such factors are considered to establish the speed limit, they should be
documented on the speed zone surveyor the accompanying engineering report.
In determining the speed limit which is most appropriate to facilitate the orderly
movement of traffic and is reasonable and safe, important factors are prevailing speeds,
unexpected conditions, and accident records. Traffic regulations are based upon
observations of the behavior of groups of motorists under various conditions. Generally
speaking, traffic regulations that reflect the behavior of the majority of motorists are
found to be most successful. Laws that arbitrarily restrict the majority of drivers
encourage wholesale vioiation of posted restrictions, lack public support and usually fail
to bring about the desired changes in driving behavior. This is especially true of speed
zoning. BeforearnJ. after studies consistently demonstrate that there are no significant
changes in traffic speeds following the posting of new Ö(revised speed limits.
California Vehicle Code (CVC) Sections 22357 and 22358 authorize local authorities to
establish intermediate prima facie speed limits on streets and roads under their
jurisdiction, on the basis of an Engineering and Traffic Survey. These state laws permit
local authorities to lower the maximum speed limit (65 M.P.H.) or to raise business or
residence district speed limits (25 M.P.H.) on the basis of an Engineering and Traffic
Survey. These "intermediate limits" between 25 and 65 M.P.H. must be postèd to define
clearly the limits of the zone and the prima facie speed limit established. Speed Trap-
Section 40802(b) provides that prima facie speed limits established under Sections
22352(b)(1), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless
the speed limit has been justified by an Engineering and Traffic·Survey within the last
seven years. An "Engineering and Traffic Survey" is required where enforcement
involves the use of radar or other electronic, speed measuring devices, under CVC
40802(b).
4-6
. 1 .
THE SPEED LIMIT ESTABLISHMENT PROCESS
Speed limits should be established preferably at or near the 85th percentile speed,
which is defined as a speed exceeding tllat which 85 percent of the traffic is moving.
The 85th percentile is often referred to as critical speed. Speed limits higher than the
85th percentile are not generally considered reasonable and safe and limits significantly
below the 85th percentile do not facilitate the orderly movement of traffic. Speed limits
established on this basis conform to the consensus of those who drive highways as to
what speed is reasonable and safe, and are not dependent on the judgment of one or a
fey.¡ individuals. Realistic speed zones will invite public compliance by conforming to the
behavior of the majority and by giving a clear reminder to the non-conforming violators.
These realistic zones will also offer an effective enforcement tool to the Police
Department by clearly separating the.occasional violator from the reasonabL~ majo~ih'.' _. ...
The basic irltent ofspe'ec!zQningis. to influence as many drivers as possible· to operate
at or near the same speed, thus reducing the number of conflicts created.. by wide
differentials in operating speeds. Only when roadside development results in traffic
conflicts and unusual conditions which are not readily apparent to drivers, are speed
limits somewhat below the 85th percentile warranted. Realistic speed zoning is a Traffic
Engineering tool used to derive the best traffic service for a given set of conditions.
While the basic speed law states that no person shall drive at a speed greater than is
reasonable or prudent, the majority of drivers comply with this law, and disregard
regulations which they consider unreasonable. It is only the top fringe of drivers that are
inclined to be reckless and unreliable, or who have faulty judgment and must be
controlled by enforcement. Speed limits set at or slightly below the 85th percentile
speed provide law enforcement officers with a means of controlling the drivers who will
not conform to what the majority considers reasonable and prudent. Experience has
shown that the 85th percentile speed 1s the one characteristic of traffic speeds most.
nearly conformingtoa:safe andreasonable'speed limit. Speed limits set higher thari the:
critical speed will make very few additional drivers "legal' for each 5 M.P.H. thatthe
posted speed limit is increased. Speed limits lower than the criticai speed will make a
large number of reasonable drivers 'illegal' for each 5 M.P.H. increment that the speed
limit is reduced. For practical purposes, the 5 M.P.H. increment at or immediately below
the 85th percentile is the numerical value best selected for the posting of a realistic and
legally enforceable speed limit.
ENFORCEMENT
Concurrence and support of enforcement officials are necessary for the successful
operation of a restricted speed zone. Realistic speed zones tend to minimize public
antagonism toward police enforcement of obviously unreasonably low speed limits. By
posting and enforcing the appropriate speed limits, local authorities invite the public to
comply with the reasonable behavior of the majority of the public, while giving a clear
reminder to the non-conforming violators. These regulations also offer an effective
4-7
-2-
enforcement tool for the local police by clearly distinguishing the intentional violator from
the reasonable majority.
Therefore, the establishment of a speed iimit of more than 5 M.P.H. below the 85th
percentile (critical) speed should be done with great care as this may make violators of
a disproportionate number of the reasonable majority of drivers.
- -
4-8
- 3 -
DRAFT
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECREASING THE SPEED LIMIT ON MOSS STREET
FROM 35 MPH TO 30 MPH BETWEEN INDUSTRIAL
BOULEVARD AND BROADWAY
WHEREAS, based on the provisions of the California Vehicle Code and pursuant to
authority under the Chula Vista Municipal Code, the City Engineer has determined that the speed
limit on .Moss St. between Industrial Blvd. and Broadway be decreased to 30 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of March 10,
2005, voted (6-0-1, Commissioner Gove absent) to concur with staff s recommendation to decrease
the existing speed limit on Moss Street.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: The speed limit on Moss St. between Industrial Blvd. and Broadway is hereby
decreased from 35 mph to 30 mph.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in
Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones-
Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - Schedule X
Established Speed Limits in Certain Zones
Name of Street Beginning At Ending At Proposed Speed Limit
Moss St. Industrial Blvd. Broadway 30 mph
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by
Approved as to form by
.:J)D-^-- ì . H- c:-..---..
Alex Al-Agha
City Engineer
Ann Moore
City Attorney
1:\Engineer\AGENDA\Ordinances\Ord2005\Moss St Speed 4rm9:ndustrial77to Bdwy Ordinance.srn.doc
COUNCIL AGENDA STATEMENT
Item: !5
Meeting Date: 04/26/2005
ITEM TITLE: Resolution amending the FY05 Library
Department budget by appropriating a one-time unanticipated
grant revenue in the amount of $4,500 for the Even Start Family
Literacy grant. ~
SUBMITTED BY: Assistant City ManagerlLibrary Director V (jJ
REVIEWED BY: City Manage6):-o(" (4/5tbs Vote: YES -L NO ~
The Chula Vista Literacy Team recently received a one-time augmentation to the Even Start
Family Literacy grant in the amount of $4,500 for the fiscal year 2005.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department supplies and services budget by appropriating a one-time unanticipated
grant revenue in the amount of $4,500 for expenditures for the Literacy Team's Even Start
grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The California State Department of Education has advised the Chula Vista Literacy Team that
the Fiscal Year 2005 Even Start Family Literacy grant has been augmented by $4,500 to
cover expenses incurred for the purchase of children's books and materials for Even Start
parents to use at home. The Library partners with the Chula Vista Elementary School District,
which is the primary agency providing Even Start family literacy services. The Library intends
to pass $4,500 in grant augmentation funds through to the District to pay for the purchases.
FISCAL IMPACT:
This is a one-time augmentation in the amount of $4,500 to the Even Start Family Literacy
Grant budget for FY 05. These funds will be passed through to our partner agency, the Chula
Vista Elementary School District, via their purchase order contract. All funds must be
expended by September 30, 2005.
5-1
DRAFT
RESOLUTION NO. 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING ONE-TIME
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$4,500 FOR EVEN START FAMILY LITERACY GRANT
WHEREAS, the California State Department of Education has advised the Chula Vista
Literacy Team that the Fiscal Year 2005 Even Start Family Literacy grant has been augmented
by $4,500 to cover expenses incurred for the purchase of children's books and materials for Even
Start parents to use at home; and
WHEREAS, the Chula Vista Literacy Team has received a one-time augmentation in the
Even Start Family Literacy grant in the amount of $4,500 for the fiscal year 2005; and
WHEREAS, the Library intends to pass $4,500 in grant augmentation funds through to
the District to pay for the purchases.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY05 Library Department by appropriating a one-time
unanticipated grant revenue in the amount of $4,500 for the Even Start Family Literacy grant.
Presented by
Approved as to form by
David Palmer
Assistant City Manager/Library Director
~'û:{'OI\ ~ \0~X~\S}\;\
Ann Moore
City Attorney
J:\attorney\reso\finance\Amend FY 05 Library Dept for Even Start
5-2
COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 04/26/05
ITEM TITLE:
Resolution accepting bids and awarding a contract for the
Emergency Vehicle Pre-emption Installation Program - Citywide (TF-3l0)
project to HMS Construction, Inc.
SUBMITTED BY: CityEngineer.5f\'-
REVIEWED BY: CityManager~O'"
(4/5ths Vote: Yes _ No-X)
The Emergency Vehicle Pre-emption Installation Program was approved and budgeted as part of the
FY 2004-2005 Capital Improvement Programs (CIP). The scope of the project (TF-310) includes the
installation of Emergency Vehicle Pre-emption Equipment (EVPE) and minor traffic signal
modifications/repairs at seventeen signalized intersections in the City. Tonight, Council will consider
accepting the bid and awarding the contract for the subject project to HMS Construction, Inc. in the
amount of$204,959.00.
RECOMMENDATION: That Council adopts the resolution.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
The installation ofEVPE on traffic signals enables emergency vehicles to pre-empt the traffic signal
into a green phase in the emergency vehicle's travel direction, thus reducing delay times at the traffic
signal, and assists with clearing the roadway of vehicular blockages. EVPE is currently installed at
148 of the City's 198 signalized intersections, and is a City design standard for all new traffic signal
installations. The list of 17 intersections selected for this project includes all intersections previously
requested by the City's Fire Department, as well as others deemed necessary by Engineering staff.
Once completed, this project will increase the number ofEVPE equipped intersections to 165 or 83%
of all signalized intersections.
Scope of Work Summary: The project includes the following general activities:
· Furnish and installation of EVPE at 17 intersections
· Traffic signal cabinet/meter pedestal replacemenl
· Furnish and installation ofUninterruptible Power Supply (UPS) Systems at 2 intersectioI).s
· Conduit and pull box replacement
· Cable replacement
· Protection and restoration of existing improvements
· Removal and disposal of certain improvements
· Traffic control during construction
On March 23, 2005, bids were received ITom tl).e following contractors:
6-1
Page 2, Item ~
Meeting Date 04/26/05
'- ..-.......-,...-....-- - - I ...........- "-
Contractor , Bid Amount
,
HMS Construction, Inc. (San Marcos, CA) i $204,959
i--
T & M Electric, (Santee, CA) ! $215,110
AEC Grading & Paving a Joint Venture dba ACE T $229,590
Electric/AEC Construction, (San Diego, CA) ¡
I
The low bid, submitted by HMS Construction, Inc., is above the final engineer's estimate of$160,000
by $44,959, It should be noted that this difference is due to the fact that City staff's estimate was based
on average bids received over the past several years, and that an inflation factor was not incorporated
in the engineer's estimate for this proj ect.
Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2,
Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project
qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines.
Thus, no further environmental review is necessary.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION d
".--- " ..------------ ------
A. Contract Amount (HMS Construction, Inc.) $ 204,959 .
. B. Approximately 10% Contingencies $ 20,041
C. Staff Costs; Design; Inspection $ 38,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $265,000
FUNDS AVAILABLE FOR CONSTRUCTION
A. Traffic Signal Funds Available for this Proj ect $ 265,000
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $265,000
-
There are no impacts to the General Fund as a result of this project. Additional energy and
maintenance costs as a result of this project are minimal.
Attachments:
I: Project Locations for Emergency Vehicle Pre-emption Equipment Upgrade
2: Contractor's Disclosure Statement
J:\EngineerIAGENDAITF310Al13,pcm,doc
6-2
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City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material suppEer.
¡¡ff(
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2. If any person * identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
1/ jll-
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3. If any person * identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
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4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
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5. Has any person* associated with this contract had any fmancial dealings with an official** of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_
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14
IICitywide2000\home\Engineer\TRAFFIC\ACAD Dwgs\CIP PROJECTS\TF-31 O\TF31 0 Contract (New)-.pcm.doc
6-4
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If Yes, briefly describe the nature of the financial interest the official·· may have in this contract.
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6.
Have you made a contribution of more than $25,Ø"within the past twelve (12) months to a current
member of the Chula Vista City Council? No .JL Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official·· of the City
of Chula Vista in the past twelve (12) months? (Thi...fucludes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No --.!Z-
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If Yes, which official·· and what was the nature of it ern provided?
Date: j - ,tl- 06
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Print or type name of Contractor/ Applitant
.
Person is defined as: any individual, finn, co-partnership, joint venture, .association, social club,
ITaternal organization, corporation, estate, !rust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
..
Official includes,. but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
I
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15
IICitywide2000lhornelEngineerlTRAFFIC\ACAD DwgslCIP PROJECTSITF-31 OlTF31 0 Contract (New)..J'cm.doc
6-5
DRAFT
RESOLUTION NO. 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE EMERGENCY VEIDCLE PRE-
EMPTION INSTALLATION PROGRAM - CITYWIDE (TF310),
PROJECT TO HMS CONSTRUCTION, INC.
WHEREAS, on March 23, 2005, the City Engineer received sealed bids for the
Emergency Vehicle Pre-emption Installation Program (TF-310); and
WHEREAS, three contractors submitted bids to perform the work as follows:
Contractor Bid Amount
HMS Construction, Inc. (San Marcos, CA) $204,959
T & M Electric (Santee, CA) $215,110
AEC Grading & Paving a Joint Venture $229,590
dba ACE Electric/ AEC Construction (San Diego, CA)
WHEREAS, HMS Construction, Inc. has performed similar work on past Chula Vista
traffic signal proj ects, and the contractor's work performance was found to be acceptable; .and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to
HMS Construction, Inc. in the amount of $204,959.00; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed project and
has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section
15301 of the State CEQA Guidelines.
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby accept bids and award the contract for the Emergency Vehicle Pre-emption Installation
Program (TF-310) in the amount of $204,959 to HMS Construction, Inc.
Presented by
. Approved as to form by
})~L~
Ann Moore
City Attorney
Alex Al-Agha
City Engineer
lattorneylresolbidslTF 310 Emergency Preemption.doc
6-6
COUNCIL AGENDA STATEMENT
Item: 7
Meeting Date: 412/i105
ITEM TITLE:
Resolution of the City of Chula Vista Council approving a four-
party agreement between the City of Chula Vista; Dudek and Associates,
consultant; K.Hovnanian at Bella Lago, LLC, and Bella Lago, LLC,
Applicant; for biological mitigation monitoring and environmental
services to be rendered for the Bella Lago Tentative Tract Map and Precise
Plan Final Environmental Impact Report, and authorizing the mayor to
execute said agreement.
Director of Planning and Buildin- ~
~{f rl "
City Manager f~( (4/5th5 Vote: Ye~o....x....)
In compliance with State Law, a Mitigation Monitoring and Reporting Program (MMRP) has been
adopted by the City Council for the Bella Lago Tentative Tract Map And Precise Plan. This report
requests that the City Council approve the proposed contract with Dudek for a total of $46,585 to
provide consulting services as the Environmental Monitor Specialist (biological) for the Bella Lago
Final Environmental Impact Report for a period of five years. Dudek will have contracts with the
City with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council
approval is necessary.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION:
That the City Council adopt Resolution approving a four-party agreement between the
City of Chula Vista; Dudek and Associates; K.Hovnanian át Bella Lago, LLC, and Bella Lago,
LLC, for biological mitigation monitoring and environmental services to be rendered for the Bella
Lago Tentative Tract Map and Precise Plan Final Environmental Impact Report, as well as the
implementation of the project area specific management directives.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
R::1r:kerOllnrl
On April 8, 2003 the City Council certified FEIR-02-05 and adopted the accompanying
Mitigation Monitoring and Reporting Program. In accordance with CEQA, FEIR 02-05 included
a MMRP to ensure effective implementation of mitigation measures identified in the FEIR.
7-1
Page 2, Item No.: 7
Meeting Date: 4/21i1O'i
As required by the City of Chula Vista MSCP Subarea Plan, Area Specific Management
Directives (ASMDs) for the short and long term management of preserve areas have also been
prepared for the project. The Mitigation Monitor, under the supervision of City staff, will also
ensure compliance with the provisions of the ASMDs.
Grading for Bella Lago development is about to commence. At this time, City staff resources are
insufficient to perform all monitoring tasks; therefore, staff recommends that a consultant be
retained to assist in the implementation of the MMRPs. City staff in the Environmental Planning
Section will supervise the biological mitigation monitoring tasks identified in the adopted
MMRP and ASMDs for Bella Lago.
S~np" nfWnrk
Dudek and Associates will function as the Environmental Monitor Specialist for the City of
Chula Vista under the supervision of the City's Environmental Review Coordinator. The
responsibilities of the Environmental Monitor Specialist will include overseeing the
implementation of the applicable project mitigation measures related to biology, assistance with
field monitoring, reviewing grading plans, fmal maps, improvement plans and building permits for
conformance to the requirements of the biological mitigation monitoring program. The
Environmental Monitor will also be responsible for implementing the project ASMDs and
attending team meetings.
rnmmlf:::mt Sp.rvlc:p.,,- Sp.lpc:tlnn PrnC':p.""
Staff has complied with the City's consultant selection process in selecting an environmental
consultant for this contract. City staff sent out 3 requests for proposals to qualified consulting firms
for the Bella Lago biological mitigation monitoring contract. Staff received a total of two proposals.
Based on a review of qualifications, the Environmental Review Coordinator has determined that
Dudek and Associates has demonstrated a unique and comprehensive familiarity with the project
area and the City's biological mitigation monitoring procedures. Additionally, Dudek and
Associates has demonstrated unique qualifications to serve as the Consultant for this contract
because of their experience and expertise with monitoring projects of a similar nature, knowledge
of the City's MSCP Subarea Plan, experience with the resource agencies, grasp of the project's
complexities, and project experience within this region. Dudek and Associates is a San Diego
based company.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City within the necessary time ITames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
7-2
Page 3, Item No.: 7
Meeting Date: 412/i1O"i
FISCAL IMPACT:
There would be no impact to the City's General Fund. The amount for this four-party agreement is
$46,585. The project applicant, K.Hovnanian at Bella Lago, LLC, and Bella Lago, LLC, through a
deposit account, will pay the biological mitigation monitoring consulting fees. The project applicant
will also pay for City staff time associated with the implementation of the Bella Lago MMRP and
ASMDs through a separate deposit account. Dudek and Associates will have contracts with the
City with a combined total exceeding $50,000 (approximately $407,000) within the upcoming 12
months; therefore, Council approval is necessary.
A tt;;¡c:hmp.ntc::.
1. Resolution of Approval of contract
2. Four Party Agreement
7-3
DRAFT
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA COUNCIL APPROVING A FOUR-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; DUDEK AND
ASSOCIATES, CONSULTANT; K.HOVNANlAN AT BELLA LAGO, LLC, AND BELLA
LAGO, LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING AND
ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE BELLA LAGO
TENTATNE TRACT MAP AND PRECISE PLAN FINAL ENVIRONMENTAL IMPACT
REPORT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on April 8, 2003, the City Council certified FEIR-02-05 and adopted the
accompanying Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the implementation of the MMRP(s) and project Area Specific Management
Directives (ASMDs) necessitates the expertise of an Environmental Monitor Specialist (biological)
and requires the hiring of a Consultant; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds necessary for the biological
mitigation monitoring services; and
WHEREAS, a request for proposal was distributed to three qualified consulting firms in
accordance with the City's informal bidding process, and two proposals were received by the City
that were responsive to the request; and
WHEREAS, the City is in immediate need of an experienced CEQA consultant that is
familiar with the City's policies and procedures; and
WHEREAS, the Consultant is W1Îque1y qualified to serve as the Consultant for this project
based on their projects of a similar nature, their knowledge of the City's MSCP Subarea Plan, their
experience with the resource agencies, their grasp of the project's complexities, and the firm's
proj ect experience within this region; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, the proposed contract with Dudek to provide biological mitigation monitoring
services would be in an amount not to exceed $46,585.
7-4
DRAFT
NOW THEREFOR BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve a three-party agreement between the City of Chula Vista, Dudek
("Consultant") and K.Hovnanian at Bella Lago, LLC, and Bella Lago, LLC ("Applicant") for
consulting services related to biological mitigation monitoring for the Bella Lago Tentative Tract
Map and Precise Plan.
BE IT FURTHER RESOLVED that the Mayor of the City of City of Chula Vista is
hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by
James D. Sandoval
Director of Planning and Building
C,\Documents and Settings\cherylp\Local Settings\Temporary Internet
Files\OLK12\RESObellalago4ptyagr,doc
7-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
.,
Dated: ~ D "Ç"
Approving a Four-p agreement between the
City of Chula Vista, Dudek and Associates, and
K.Hovananian at Bella Lago, LLC and Bella Lago, LLC for
Biological Mitigation Monitoring and Environmental Services
7-6
DRAFT
Four Party Agreement
Between
City of Chula Vista,
Dudek and Associates, Incorporated, Consultant, K.Hovnanian at
Bella Lago, LLC, and Bella Lago, LLC, both to be known as
Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed by the parties hereto, between the City
of Chula Vista ("City") herein, a municipal corporation of the
State of California, the person designated on the attached
Exhibit A as "Consultant" Dudek and Associates, Incorporated
(herein after referred to as Dudek) whose business form and
address is indicated on the attached Exhibit A, and the person
designated on the attached Exhibit A as "Applicant"
K.Hovnanian at Bella Lago, LLC (herein after referred to as
K.Hovnanian), and Bella Lago, LLC whose business form and address
are indicated on the attached Exhibit A, and is made with
reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land
("Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements").
described on Exhibit A, Paragraph 3.
2.3.
Applicant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 4, ("Work") will need to be completed.
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
"inhouse" staff or
the time frame
April 6, 2005
Four Party Agreement
Page 1
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DRAFT
2.5. This agreement proposes an arrangement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the
City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4,
entitled "General Nature of Consulting Services", ("General
Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit of City all of the services described in Exhibit A,
Paragraph 5, entitled "Detailed Scope of Work", ("Detailed
Services"), and all services reasonable necessary to accomplish
said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all
within the time frames herein set forth, and in particular as set
forth in Exhibit A, Paragraph 6, and if none are set forth,
within a reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consultant does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder,
the Consultant shall do so in a good, professional manner
consistent with that level of care and skill ordinarily exercised
by members of the profession currently practicing under similar
conditions and in similar locations, at its own cost and expense
except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical,
administrative, professional and other personnel, all supplies
and materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities, calculations, and
all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or
April 6, 2005
Four Party Agreement
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DRAFT
proper to perform and complete the work and provide the Services
required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached
by the Consultant, and according to the terms and conditions set
forth in Exhibit C adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of
Applicant's billing, or in accordance with the security deposit
provisions of Paragraph 3.3 and Exhibit C, if checked, and upon
receipt of such payment by the City, City shall promptly, not
later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless
it receives same from Applicant. Applicant shall not make any
payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at
the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
3.2.1.1. In the event that the City shall
determine that additional work is required to be performed
above and beyond the scope of work herein provided, City
will consult with Applicant regarding the additional work,
and if thereupon the Applicant fails or refuses to arrange
and pay for said Additional Services, the City may, at its
option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's
estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any
and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
April 6, 2005
Four Party Agreement
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DRAFT
of negotiating a corresponding reduction in the compensation
associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of
Consultant by Applicant, Applicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions
of such trust being as indicated on Exhibit C and as hereinbelow
set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to
retain from said Deposit all costs incurred by City for which it
is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the
Deposit Amount, if any, shall accrue to the benefit of, and be
used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one
or more of its various bank accounts, and upon doing so, shall
proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned
to Applicant not later than 30 days after the termination of this
Agreement and any claims resulting therefrom.
3.3.1.1.4.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City
may make demand of Applicant to supplement said Deposit Amount i~
such amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing
the original Deposit.
3.3.2. Withholding of Processing.
April 6, 2005 Four Party Agreement
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7-10
DRAFT
In addition to use of the Deposit as security, in order
to secure the duty of Applicant to pay Consultant for Services
rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of
Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth
in the attached Exhibit A, Paragraph 10.
4.1.4. Commercial General Liability Insurance
including Business Automobile Insurance coverage in the amount
.set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats
the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraqe.
4.2.1. Certificates of Insurance. Consultant shall
demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without
at least thirty (30) days written notice to the Additional
Insured.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
April 6, 2005
Four Party Agreement
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7-11
DRAFT
General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.3. . Public Statements.
All public statements and releases to the news media shall
be the responsibility of the City and the Applicant. The
Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the
study or after its completion, except on written concurrence of
the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such
meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the
City, for the use by the Consultant and City, such documents, or
copies of such documents requested by Applicant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and
Consultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary
to deliver the Services of Consultant, subject to the approval of
the Applicant. Consultant shall promptly repair any damage to
the subject property occasioned by such entry and shall
indemnify, defend, and hold Applicant harmless from all loss,
cost, damage, expenses, claims, and liabilities in connection
with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
express consent of City. The Applicant may request such meetings
April 6, 2005
Four Party Agreement
Page 6
7-12
DRAFT
as they desire with the Consultant to ensure the adequacy of
services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators")
indicated in Exhibit A, Paragraph 8, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Desiqnated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to
the City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
7.3.
Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interèst which would conflict with
Consultant's duties under this agreement.
7.4. Promise Not to Acquire Conflictinq Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
April 6, 2005
Four Party Agreement
Page 7
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DRAFT
7.5. Duty to Advise of Conflictinq Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
7.6. Specific warranties Aqainst Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property
which is the subject matter of the Project, or in any property
within 10 radial miles from the exterior boundaries of the
property which is the subject matter of the Project, or
("Prohibited Interest") .
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates by Applicant or by any other party as a result of
Consultant's performance of this Agreement. Consultant promises
to advise City of any such promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if
the Consultant breaches this agreement or if the Consultant
refuses or fails to pursue the work under this agreement or any
phase of the work with súch diligence which would assure its
completion within a reasonable period of time. Termination of
this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Riqht to Terminate Payment for Convenience,
Documents.
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9.1. Notwithstanding any other section or provision of this
agreement, the CITY shall have the absolute right at any time to
terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the
CITY in the absence of default of the Consultant, the City shall
pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such
termination, less the aggregate of all sums previously paid to
the Consultant for services performed after execution of this
agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all
claims for damage or compensation arising under this agreement,
except as set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City,all
field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in
performance of this agreement, and all such documents and
materials shall be the property of the City; provided however,
that the Consultant may retain copies for their own use and the
City shall provide a copy, at Applicant's cost, of all such
documents to the Applicant.
9.5.
and shall
work.
Applicant shall have no right to terminate Consultant,
not exercise any control or direction over Consultant's
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement,
against the City, unless a claim has first been presented in
writing and filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, the
provisions of which are incorporated by this reference as if set
fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re
Inluries.
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees and Applicant from and against all claims for damages,
April 6, 2005
Four Party Agreement
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DRAFT
liability, cost and expense (including without limitation
attorneys' fees) arising out of the conduct of the Consultant, or
any agent or employees, subcontractors, or others of City or
Applicant in connection with the execution of the work covered by
this Agreement, except only for those claims arising from the
sole negligence or sole willful misconduct of the City, its
officers, or employees, or Applicant, Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees or Applicant in defending against such
claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the
City or Applicant, defend any such suit or action brought against
the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the
City ("City Indemnitees"), in any way resulting from or arising
out of the refusal to pay compensation as demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless. specifically authorized in writing by City, neither
Consultant nor Applicant shall have authority to act as City's
agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
April 6, 2005
Four Party Agreement
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DRAFT
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event
not herein legally required to be given shall in itself create
the right in the parties to any other or further notice or demand
in the same, similar or other circumstances.
13.4. Entire Aqreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6. Governinq Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart,
April 6, 2005
Four Party Agreement
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DRAFT
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for
any reason, be determined to be invalid, illegal, or
unenforceable in any respect, the parties hereto shall negotiate
in good faith and agree to such amendments, modifications, or
supplements to this Agreement or such other appropriate action as
shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein.
13.10. Headinqs.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
13 .11. Waiver.
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver
of any rights herein contained. The making or the acceptance of
a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver
of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are
cumulative and not exclusive of any rights or remedies which the
parties might otherwise have unless this Agreement provides to
the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that
no performance hereunder may be enforced by any person not a
party to this agreement. Notwithstanding the foregoing, this is
a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services
paid for by Applicant.
(End of Page. Next Page is Signature Page.)
Signature Page To
April 6, 2005 Four Party Agreement
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Exhibit A
Reference Date of Agreement:
Effective Date of Agreement: date of final City signature of
agreement
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
Dudek and Associates,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
Address:
605 Third Street
Encinitas, CA 92024
Applicant:
K.Hovnanian at Bella Lago, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
( X )Other: A California Limited Liability Company
Address:
380 Stevens Avenue, Suite 211
Solana Beach, CA 92075
Applicant:
Bella Lago, LLC
Business Form of Applicant:
) Sole Proprietorship
) Partnership
) Corporation
X )Other: A California Limited Liability Company
Address: 5566 Valerio Trail
San Diego, CA 92130
1. Property (Commonly known address or General Description)
April 6, 2005
Four Party Agreement
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The project site is located at the northeasternmost reach of the
Eastern Territories Planning Area of the City of Chula Vista. It
is located immediately to the northeast of Rolling Hills Ranch,
southeast of San Miguel Mountain, and northwest of the upper Otay
River Reservoir. The project is located in Township 17 South,
Range 1 West, Sections 24 and 25, on the USGS 7.5 Jamul Mountains
quadrangle.
2. Project Description ("Project"):
The project would develop approximately 93.1 acres of the
approximately 1S0-acre site with low-density, estate residential
land uses. The remaining S6.5 acres would be conserved as a
preserve area in accordance with the Chula Vista Multiple Species
Conservation plan Subarea Plan. In Addition, 2.5 acres of off-
site mitigation land would be acquired as part of the project.
3. Entitlements applied for:
N/A
April 6, 2005
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4. General Nature of Consulting Services ("Services--General"):
Dudek shall serve as the Environmental Monitor Specialist for the
Bella Lago Mitigation Monitoring and Reporting Program (MMRP) and
ASMDs to the satisfaction of the City's Environmental Review
Coordinator.
5. Detailed Scope of Work ("Detailed Services") :
Dudek shall serve as the Environmental Monitor Specialist for the
Bella Lago Mitigation Monitoring and Reporting Program (MMRP).
Dudek shall serve as the Environmental Monitor Specialist for a
period of five years serving as an extension of staff for the
Bella Lago project. Dudek will also be responsible for providing
mitigation monitoring services and any other environmental
expertise, as the City deems necessary, to oversee implementation
of the conditions of the MMRP and the provisions of the ASMDs.
Specific responsibilities of the Environmental Monitor Specialist
with reference to the Bella Lago MMRP and ASMDs will include the
following:
A. Literature Review and Project Initiation: Dudek will
research and perform a thorough review of existing
information and data sources related to the project, as the
City deems necessary. Dudek will coordinate with the City
regarding the acquisition of documents identifying all
mitigation measures and objectives for the project including
the EIR. Dudek will coordinate with the City to determine
which mitigation measures have been satisfied in accordance
with the MMRP and ASMDs and which measures have not.
B. Plan Review Conformance: Dudek shall review all proposed
grading, building, and site plans as requested by the City
to ensure consistency and conformance with the conditions of
the MMRP and the provisions of the ASMDs. The results of the
review will be summarized in a brief memorandum and
submitted to the City.
C. Biological Field Monitoring: Dudek will conduct periodic
field visits of the Bella Lago project site to ensure that
on-site mitigation measure are being jmplemented, and that
construction activities remain within the prescribed
biological limits, as identified in the field through the
placement of construction fencing. More frequent field
visits may be required at the request of the City when
grading is occurring adjacent to sensitive biological limit
lines. For the purposes of cost estimating it is assumed
that clearing, grubbing, and mass grade operations will be
April 6, 2005
Four Party Agreement
Page 18
7-21
DRAFT
completed within a six-month time frame with the remaining
rough and finish grade operations to be completed in a
following six-month time frame.
At the request of the City, field visits will be documented
and summarized in an observation report to be submitted to
the City for review at the end of each week throughout the
course of construction. Each observation report will
document the status of each construction phase mitigation
measure. Site conditions will be noted along with any
concerns and action items. Photographs will be included to
document the construction progress and site conditions,
where necessary. Documentation or information from the other
monitors, if any for that week, will also be included in the
observation reports.
D. Project Meetings: Dudek will attend team meetings and pre-
construction meetings, at the request of City staff, during
the planning and construction phase of the project. Dudek
will be responsible for communicating the details of the
MMRP and ASMDs to the project team, which includes the City,
the applicant and the applicant's contractors including the
applicant's biological, cultural, and paleontological
monitors.
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Upon the completion of each monitoring task as set forth in
Sections 5 B through D above, Dudek shall provide written
monitoring reports to the City's Environmental Review Coordinator
in a form acceptable to the City's Environmental Review
Coordinator.
Dates for completion of all Consultant services: The term of
this agreement shall be for five years from the effective date
of this Agreement.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans ( ) architectural
April 6, 2005
Four Party Agreement
Page 19
7-22
DRAFT
elevations (X) project description.
(X) other: Bella Lago FEIR 02-05 and appendices, MMRP, and
ASMDs
8. Contract Administrators.
City: Marilyn R.F. ponseggi, Environmental Review
Coordinator
Applicant: Jim Norum, Land Development Manager, K.Hovnanian
Applicant: Timothy Wilson, President, Bella Lago, LLC
Consultant: Frank Dudek, President
9. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
X ) Not Applicable.
Category No. 1.
Category No. 2.
Category No. 3 .
) Category No.4.
) Category No.5.
) Category No.6.
April 6, 2005
Not an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real
property and sources of income
subject to the regulatory, permit
or licensing authority of the
department.
Investments in business entities
and sources of income which engage
in land development, construction
or the acquisition or sale of real
property.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the City of
Chula Vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
Four Party Agreement
Page 20
7-23
DRAFT
services, supplies, materials,
machinery or equipment.
) Category No.7.
Business positions.
10. Insurance Requirements:
X Statutory Worker's Compensation Insurance
X Employer's Liability Insurance coverage: $1,000,000.
X ) Commercial General Liability Insurance: $1,000,000.
) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
X ) E+rors and Omissions insurance: $250,000 (not
included in Commercial General Liability coverage) .
April 6, 2005
Four Party Agreement
Page 21
7-24
DR~AFT
Exhibit B
Additional Recitals
WHEREAS, on April 8, 2003 the City Council certified Final
Environmental Impact Rep ort (FEIR -02-05) and adopted the
accompanying Mitigation Monitoring and Reporting Program; and
WHEREAS, the implementation of the Mitigation Monitoring and
Reporting Program and Area Specific Management Directives
necessitates the expertise of an Environmental Monitor Specialist
and requires the hiring of a Consultant; and
WHEREAS, it was determined by the Director of Planning and
Building that staff has neither the available time or expertise
to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds
necessary for the mitigation monitoring services; and
WHEREAS, a request for proposal was distributed to three
qualified consulting firms in accordance with the City's informal
bidding process, and two proposals were received by the City that
were responsive to the request; and
WHEREAS, the City is in immediate need of an experienced
CEQA consultant that is familiar with the City's policies and
procedures; and
WHEREAS, the Consultant is uniquely qualified to serve as
the Consultant for this project based on their on projects of a
similar nature, their experience with the resource agencies,
their grasp of the project's complexities, and the firm's project
experience within this region; and
WHEREAS, the Environmental Review Coordinator has negotiated
the details of this agreement in accordance with procedures set
forth in Section 6.5.2 of the Environmental Review Procedures;
and
WHEREAS, the proposed contract with Dudek to provide
mitigation monitoring services would be in an amount not to
exceed $46,585.
April 6, 2005
Four Party Agreement
Page 22
7-25
DRAFT
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services
of Consultant as herein required, Applicant shall pay a single
fixed fee in the amounts and at the times or milestones set forth
below:
Single Fixed Fee Amount: $
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing of this agreement by all
parties and upon the request of the
contractor.
2.
3..
4.
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified
in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow ("Phase Fixed Fee Arrangement")
Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless
Applicant shall have issued a notice to proceed to Consultant as
to said Phase.
April 6, 2005
Four Party Agreement
Page 23
7-26
DRAFT
Fee for
Phase Said Phase
l. $
2. $
3. $
4. $
( X ) Time and Materials: $46,585
Mitigation Monitoring Services for the Bella Lago FEIR-02-05
For performance of the General and Detailed Services of
Consultant as herein required, ApPlicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set
forth hereinbelow according to the following terms and
conditions:
Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant
fòr $ including all Materials, and other
"reirnburseables" ("Maximum Compensation") .
( X ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $46,585'("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
April 6, 2005
Four Party Agreement
Page 24
7-27
DRAFT
CONSULTANT COST BREAKDOWN
Task
Estimated Time
Hours
Project Initiation
Plan Review Conformance
Bioloqical Field Monitorinq
Meetinc¡s
Travel
TOTAL
25
37
312
80
Estimated
Cost
$2,500
$3,560
$31,025
$8,000
$1,500
$46,585
CONSULTANT FEE SCHEDULE
Employee
Tricia Wotipka
Andrew Garner
Kamarul Muri
Lesley Terry
Tonette Foster
Staff Type
Environmental Specialist/Planner II
Environmental Specialist/Planner II
Environmental Specialist/Planner II
GIS Specialist IV
Computer Processing
Billing Rate
$100.00
$100.00
$100.00
$100.00
$65.00
(X) Hourly rates may increase by 6% per year for services rendered after April 2006. Changes in
technical staff categories and annual rate increases may be implemented based on proj ect need
and following notification to and discussion with the City.
Materials Separately Paid For by Applicant
Cost or Rate
Materials N/A
Reports
Copies
Travel N/A
Printing N/A
Postage N/A
Delivery N/A
Long Distance Telephone Charges N/A
Other Actual Identifiable Direct Costs N/A
-----------------------------------
Deposit
April 6, 2005
Four Party Agreement
Page 25
7-28
DRAFT
( x ) Deposit Amount: $46,585
Applicant agrees to deposit within 10 days if City requests to do
so, a sum (estimated to be up to $4,600) for additional Materials
separately paid for by the Applicant.
(X Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to
pay Consultant, if this paragraph is "checked", upon City's
receipt of billing by Consultant, and determination by City in
good faith that Consultant's billing is proper, a judgment for
which Applicant agrees to hold City harmless and waive any claim
against City, City shall pay Consultant's billing from the amount
of the Deposit. If Applicant shall protest the propriety of a
billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due
date for the payment of said bill by Applicant in making its good
faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing
Payments.
Upon determination by City made in good faith that
Consultant is entitled to compensation which shall remain unpaid
by Applicant 30 days after billing, City may, at its option, use
the Deposit to pay said billing.
----------------------------------
( X Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
X Monthly
Quarterly
Other:
B. Day of the Period for submission of Consultant's
Billing:
First of the Month
15th Day of each Month
X End of the Month
Other:
C. City's Account Number: FJ030
April 6, 2005
Four Party Agreement
Page 26
7-29
DRAFT
Four-Party Agreement Between City of Chula Vista,
Dudek and Associates, Incorporated, Consultant, K.Hovnanian at
Bella Lago, LLC, and Bella Lago, LLC, both to be known as
Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
(Page 1 of 3)
Now therefore, the parties hereto, having read and
understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
by:
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
Dated:
Consultant: Dudek and Associates
. ¡¿¡. 05
April 6, 2005
Four Party Agreement
Page 13
7-30
DRAFT
Signature Page To
Four-Party Agreement Between City of Chula Vista,
Dudek and Associates, Incorporated, Consultant, K.Hovnanian at
-Bella Lago, LLC, and Bella Lago, LLC, both to be known as
Applicant -
For Consulting Work to be Rendered
with regard to Applicant's Project
(Page 2 of 3)
Applicant: K.Hovnanian at Bella Lago, LLC
By:
April 6, 2005
Four Party Agreement
Page 14
7-.31
DRAFT
Signature Page To
Four-Party Agreement Between City of Chula Vista,
Dudek and Associates, Incorporated, Consultant, K.Hovnanian at
Bella Lago, LLC, and Bella Lago, LLC, both to be known as
Applicant
For Consulting Work to be Rendered
with regard to Applicant's Project
(Page 3 of 3)
Applicant: Bella Lago, LLC
By:
Its:
Bellagio Capital, Inc.
Managing Member
/'i' '
!t~ J4fy¡-
!tU4W
By:
Its:
April 6, 2005
Four Party Agreement
Page 15
7-32
COUNCIL AGENDA STATEMENT
Page 1, Item
Meeting Date
a.
4/26/05
ITEM TITLE:
Public hearing to consider an increase of the Sewerage Capacity Charge
and the modification of the Master Fee Schedule.
Ordinance approving an increase of the Sewerage
Capacity Charge and the modification of the Master Fee Schedule.
Urgency Ordinance approving an increase of the Sewerage
Capacity Charge and the modification of the Master Fee Schedule.
SUBMITTED BY: City Engineer '6k
REVIEWED BY: City Manager~7 ()\....
(4/5ths Vote: Yes _ No...x.J
It is recommended that the Public Hearing be opened and continued to the meeting of May 10,
2005.
J:\Engineer\AGENDA\CAS2005\4-26-05\A 113~2005-Sewer Capacity Fee Increase.ac.doc
-8-
CITY COUNCIL AGENDA STATEMENT
Item: 9
Meeting Date: 4/26/05
ITEM TITLE:
PUBLIC HEARING: Consideration of an urgency interim zoning ordinance
prohibiting the permitting or approval of any new or expanded fee-based
check cashing and deferred deposit uses for an interim period of forty-five
(45) days.
Urgency Ordinance No. prohibiting the permitting or approval of any
new, modified or expanded fee-based check cashing and deferred deposit
uses for an interim period of forty-five (45) days.
Ordinance No. prohibiting the permitting or approval of any new or
expanded fee-based check cashing and deferred deposit uses for an interim
period offorty-five (45) days.
SUBMITTED BY: Director of Planning and BUilding~
REVIEWED BY: City Manage¡;~ { (V' (Vote: Yes ...K...N 0 ->
On February 1, 2005, the City Council allowed a request to proceed ITom Council Member
Castaneda that staff examine the need for an urgency ordinance to prevent further check cashing and
deferred deposit establishments in Chula Vista, until permanent controls can be established. This
request was prompted by a unanimous recommendation of the Planning Commission.
Based on an initial investigation staff believes that the current land use policies regarding fee-based
check cashing and deferred deposit establishments are inadequate to address the effects of these uses
on the community. Concerns associated with these types of businesses include: the lack of minimum
security standards; a decrease in neighboring property values; and the displacement/discouragement
of other desirable businesses - including full-service financial institutions. Accordingly, a temporary
moratorium on check cashing and deferred deposit business is proposed, so that the matter can be
thoroughly studied and new regulations brought forth.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 8
categorical exemption pursuant to Section 15308 of the State CEQA Guidelines. Furthermore, it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Therefore, no environmental review is required.
RECOMMENDATION:
That the City Council adopt the urgency interim ordinance and interim ordinance prohibiting the
permitting or approval of any new or expanded fee-based check cashing and deferred deposit
f-/
Page 2, Item No.: 9
Meeting Date: 4/26/05
business to allow the City to study the effects of such uses on a proposed zoning ordinance.
BOARDS AND COMMISSION RECOMMENDATION:
The Planning Commission on January 26, 2005, recommended that the City Council adopt a
temporary moratorium on fee-based check cashing and deferred deposit uses until the land use
impacts caused by a proliferation of such establishments can be more thoroughly studied. Their
proliferation and potential interference with revitalization efforts of the City and Redevelopment
Agency in Western Chula Vista was of particular concern. The Commission concluded by asking
that a permanent ordinance be prepared to regulate check cashing and deferred deposit uses and
requested that a study session on the matter be set that would include examining other potentially
incompatible or undesirable uses in redevelopment project areas in Western Chula Vista.
DISCUSSION:
Background
According to state law, "check cashers" are entities in the business of cashing checks, warrants,
drafts, money orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not include
retailers that cash checks or issue money orders (for a fee ofless than two dollars) as an incidental
service to its customers. "Deferred deposit businesses" are those businesses that defer depositing a
customer's personal check until a specific date, pursuant to a written agreement.
In staff s opinion, check cashing and deferred deposit businesses, without proper land use regulation,
pose a threat to the public's health, safety and general welfare.
For example, at the Planning Commission hearing, the Director of the City-County Reinvestment
Task Force presented data on the proliferation of check cashing establishments in western Chula
Vista and their effect of displacing or reducing other desirable commercial uses (e.g. full-service
financial institutions, retail and eating and drinking establishments and other pro-revitalization
business). The Task Force also provided information ITom the State regarding the notable expansion
of these services in low income and military neighborhoods. Other speakers at the meeting presented
information related to environmental justice public policy and maintained that the facilities cause
negative consequences on certain segments of the community over others. According to the
testimony, disadvantaged social groups are generally located in proximity to these facilities and bear
the brunt of the "predatory" lending practices and lack of opportunities associated with full-service
banks.
The Planning Commission expressed concern and debated the environmental justice issues, but
focused entirely on Chula Vista land use and economic development policy as their guide in making
their recommendation. They relied on a rationale consistent with Council Resolution 18880 (Refer
9-~
Page 3, Item No.:~
Meetin~ Date: 4/26/05
to Attachment C) and policies like those articulated in the Broadway Revitalization Strategy when
they recommended the moratorium.
The Broadway Revitalization Strategy Plan addresses deteriorating conditions along this strip
commercial arterial in Western Chula Vista. The document includes ways to support the renewal of
the District. Regaining vitality and diversity of commercial establishments and enhancing the visual
quality of the urban environment are called for. The goals of the strategy plan are to encourage
higher density mixed-use developments, encourage a diversified business mix, and to provide a
pedestrian iliendly atmosphere with compatible neighborhood and community serving uses. The
Draft General Plan Economic Development Element, while not adopted, also calls for image
enhancement and a broader mix of community- and neighborhood-serving commercial development
to enhance this corridor and the gateway entrances into the City.
Initial Staff Analysis
Staff believes the lack of adequate land use policies to address check cashing/deferred deposit uses
negatively impacts the public's health, safety and welfare. An interim ordinance prohibiting new
check cashing and deferred deposit uses or the expansion of existing uses is necessary in order to
allow adequate time for staff to conduct the necessary studies and develop appropriate policy
recommendations for the City Council to consider. Without an interim ordinance, the establishment
or expansion of check cashing and deferred deposit businesses would ITustrate the City's efforts to
study the issue and implement the land use policies that would result ITom the process.
One of staff s major concerns is that the unchecked proliferation of check cashing or deferred deposit
uses will displace existing full-service financial institutions in generally lower income commercial
areas. Financial institutions may close or choose not to open here the market share is significantly
eroded. In addition, new full-service financial institutions and other desired commercial
development must compete with check cashing/deferred deposit establishments for the limited
commercial space in each district. Unchecked, this may result in a reduction or displacement of
needed goods and services.
Another concern is the effect of check cashing/deferred deposit business on crime rates.
Unfortunately, some locations lack adequate security measures, especially when compared to banks.
Security personnel (if present) are often not certified. Surveillance cameras may be sub-par or non-
existent. Exterior lighting and other measures are not in place to protect patrons - even though they
operate with extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set of land use controls.
It is worth noting that staff's initial analysis confIrms the testimony we received from the City-
County Reinvestment Task Force regarding the increasing rate of permit issuance and geographic
location of check cashing and deferred deposit establishments in Chula Vista. Two check
cashing/deferred deposit facilities existed in Chula Vista in 1996 (less than 10 years ago). Today,
9-3
Page 4, Item No.:~
Meetin~ Date: 4/26/05
twenty are in operation and new inquires about opening additional facilities arrive every month. As
expected, a vast majority of these uses are located along a street where a diversity of uses is desired-
the Broadway corridor.
Noticinl!: Documentation
Pursuant to Government Code § 65858, the City Council may adopt an interim zoning ordinance as
an urgency measure (4/5ths vote) to prohibit new check cashing/deferred deposit uses (and the
expansion of existing uses) while the City studies and considers land use policies that will adequately
address such uses and their impacts. The urgency interim ordinance would be in force and effect for a
period of forty-five (45) days ITom the date of adoption. After the required notice, a public hearing
and the issuance of a written report, the City Council may extend the urgency measure for a
subsequent period of up to twenty-two (22) months and fifteen (15) days.
As a back-up measure, staff recommends adoption of a non-urgency version of the ordinance that
will take effect thirty days after its adoption.
FISCAL IMPACT:
The fiscal impact during the course of the moratorium would be a short-term effect of loss of
property tax dollars ITom new check cashing uses locating in the City. Over the long run, this impact
is expected to be compensated for, through the resulting economic stimulation resulting ITom a wider
variety of community serving land uses locating along the Broadway corridor. There will be some
cost in city resources, as staff will be needed to perform the studies and develop permanent
regulations. This impact will be absorbed by existing staff.
CONCLUSION:
Staff is persuaded that the number of check cashing/deferred deposit establishments is proliferating;
that they will tend to displace other uses considered vital to neighborhood and community serving
adopted goals and policy; that the geographic concentration of the facilities may be interfering with
the economic revitalization goals set out in the Broadway Revitalization Strategy Plan and pending
General Plan Update; and that there should be minimum security standards for these types of
businesses. Therefore, to protect the public's health, safety and welfare staff is requesting that a
temporary moratorium banning new check cashing/deferred deposit establishments (or their
expansion) be adopted. This will allow staff to thoroughly study the issues presented and develop
appropriate policy recommendations for the City Council to consider.
9-L{
Page 5, Item No.:~
Meetin~ Date: 4/26/05
Attachments:
A. Planning Commission Minutes of January 26, 2005
B. Timeline of Establishment of Check Cashing Businesses in Chula Vista
C. Map of Check Cashing locations in Chula Vista
D. City Council Resolution 18880
9~~
Aiff1dJA-ŒJ.rr -4
Planning Commission Minutes
- 4 -
January 26, 2005
findings for approval and subject to the conditions contained therein. Motion
carried.
3. ACTION ITEM:
Discussion of Check Cashing Establishments
As background, Chair Cortes stated he requested this item be docketed on the agenda
for discussion with a possible recommendation to the City Council. Chair Cortes stated
he is a member of the San Diego City/County Reinvestment Task Force, which
monitors financial institutions as it relates to the Community Reinvestment Act.
Chair Cortes stated that he is concerned with an over-proliferation of check
cashing/payday lending establishments that are allowed by right through a ministerial
process and is proposing that the Planning Commission recommend that the City
Council consider establishing a moratorium on these businesses.
Jim Bliesner, Director of the San Diego City-County Reinvestment Task Force stated
that the task force was established as a joint City and County quasi-public entity to
monitor banking practices, develop strategies for reinvestment in partnership with public
and private lending institutions, and identify strategies to discourage predatory lending.
Mr. Bliesner stated that there is a direct correlation between disinvestment, which is
the deliberate withholding of mainstream credit, based on demographics, and asset
stripping, which is charging excessive prices for alternative products or services created
to fill the gap caused by disinvestments. If there is disinvestments on a large scale,
what happens in low income neighborhoods, is that that void is filled with businesses
that extract excessive profits for the services that they provide to low income
communities, i.e. check cashing stores, EBT/Liquor Stores, insurance companies and
predatory home loans.
Economic Impacts - Payday lenders have been shown to be an economic disincentive
to revitalization in low income communities. It depletes personal assets of residents
due to excessive fees and restricted access to alternatives. Additionally, the
proliferation of check cashing/payday lending outlets reduces opportunity for other job-
producing businesses to locate in those areas. There is also some evidence of
increased crime, excessive litter and signage at the periphery of lending outlets.
Mr. Bliesner concluded by saying that there are two models that the task force has
been looking at; one is the National City model, which places a temporary moratorium
on the expansion of check cashing outlets in redevelopment areas.
The second model is Oakland, California, which requires that all check cashing outlets
receive a Conditional Use Permit and the project is conditioned to require among other
things: a light plan, graffiti removal within 72 hours, transparent windows with 30%
9~'
Planning Commission Minutes
- 5 -
January 26, 2005
sign age allowed, litter removed twice a day, one uniformed security guard, and more
than 100 feet from banks, schools, or civic association.
Cmr. O'Neill stated that he's not a big fan of these establishments, and clearly there is
a market-driven demand for them, however, from a philosophical standpoint, he is not
in favor of government stepping in to solve society's ills by protecting people from things
that we deem they need protection from, to compel personal financial responsibility, or
prohibit them from availing themselves of a service that is legal. Cmr. O'Neill further
stated that he does support a measure such as Oakland's and would favor requiring a
CUP and hold them to as high a standard as possible by conditioning the project.
James Marcelino, 511 G Street, Chula Vista 91910 with Chula Vista Community
Collaborative stated he works as the Child and Youth Policy Advocate, whose primary
scope of work deals with drug and alcohol prevention, but also includes health and
safety of the community. Mr. Marcelino further stated that there is a nexus between
these establishments and drug and alcohol abuse, therefore, he urged the Commission
to consider these proposals and move it forward with a recommendation to the City
Council.
Joni Helpern, 2717 University Avenue, San Diego, CA , Director of Supportive
Parents Information Network representing 2,350 low income families who are trying
to move from low income status to self-sufficiency. Ms. Helper stated she is
disheartened to hear that the pervasive thought that the reason why people use these
establishments is because they have bad habits. She further stated that income
volatility studies show that there is a substantial possibility of people remaining in
poverty despite their best efforts.
Ms. Helpern wished to conclude by stating that they are in support of the Commission's
recommendation to the City Council to establish a moratorium, however, they
understand that the reason why people are in liquor stores, pawn shops and check
cashing/payday lenders, paying an incredibly high interest and fees is because the
conventional banking institutions will not serve them.
Don Davis,5348 University Avenue, San Diego, CA, Caring Council stated he did
not oppose a moratorium, however, the issue is much more serious with not
understanding the causes of poverty in our nation and region. He encouraged the
Commission to take the time to study the issue. Mr. Davis concluded by restating that
people living in poverty is not always a result of bad choices or addictive behaviors; bad
things do happen to good people who are living paycheck to paycheck, and through an
unfortunate or unforeseeable circumstance find themselves loosing everything and are
then caught up in a cycle of displacement from mainstream society and unavailable to
conventional banking institutions.
9-7
Planning Commission Minutes
- 6 -
January 26, 2005
MSC (Cortes/O'Neill) (4-0-2-0) that the Planning Commission recommend to the
City Council that they consider instituting an immediate moratorium on check
cashinglpayday lending businesses and have them study the feasibility of having
a Conditional Use Permit for any future applications. Motion carried.
ADJOURNMENT at 7: 15 p.m.
Diana Vargas, Secretary to Planning Commission
9-f
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RESOLUTION NO. 18880
¡-
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE SEVEN MAJOR AREAS OF
IMPROVEMENT
WHEREAS, the City Council previously had work sessions to discuss city-wide priorities
and identify areas for improvement; and
WHEREAS. on September 11. 1997, the City Council completed a final review of the
priorities and identified the seven major areas of improvement and received public comment
and input on the proposed seven issues at a public hearing on October 21, 1997 and
determined that additional public comment was necessary prior to final adoPtion; and
WHEREAS, Councilmembers have given 14 talks to community groups, and reached
out to the community in general for input via phone, mail, fax, the Internet and, in addition,
articles have appeared in the local paper and the City's newsletter; and
WHEREAS, the City Council set an additional public hearing for January 13, 1998,
which hearing was continued to January 20, 1998, to allow for further testimony; and
WHEREAS, it is recommended that the Seven Major Areas of Improvement be adopted.
.>r·-
NOW. THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby adopt the following Seven Major Areas of Improvement:
Bavfront
Continue the redevelopment and replanning of the Bayfront Project Area to encourage and
facilitate quality visitor-serving commercial, recreational and residential development for the
undeveloped coastal related properties west of 1-5 between SR-54 and "L" Street. The
redevelopment and replanning efforts are to include furthering the joint planning process with
the San Diego Port Commission toward the collective goal of expanding the Bayfront Project
Area boundaries to include the Port District properties adjacent to the Chula Vista Yacht
Harbor, extending "H" Street westerly to Marina Parkway and establishing the Chula Vista
Bayfront as a resort destination.
Otav Vallev
Continue the redevelopment and replanning of the Otay Valley Road Project Area to encourage
and facilitate quality commercial, entertainment, recreation and industrial development along
the Otay Valley Road corridor between 1-805 and the eastern and southern City limits. The
redevelopment and replanning efforts are to capitalize and expand on the opportunities created
by the Auto Park, MCA Amphitheater and White Water Canyon projects toward the goal of
improving the image and character of the area.
,"
Third Avenue - Downtown
Continue the revitalization of the Town Centre r Downtown District along Third Avenue from
"E" to "I" Street by encouraging and facilitating quality infill commercial and office
. - ~.- "-.--.., -.------------
9-//
-
Resolution 18880
Page 2
development as well as attracting quality commercial tenants. The revitalization efforts are
to include continued marketing, leasing, and image enhancement programs with the
Downtown Business Association toward the goal of re-establishing the Downtown as the
commercial-civic focus of the City.
Broadwav Revitalization
Implement a focused revitalization effort along the Broadway commercial corridor to impede
the proliferation of blighting influences and encourage quality commercial/retail development.
The revitalization effort should include coordination with the Broadway Business Association
and further the progress made with the Palomar Trolley Center, the auto dealership
relocations, and the completed Broadway Street improvements.
Hiaher Education Center/Environmental Sciences Institute
Continue to advance the planning for a "Higher Education Center and Environmental Sciences
Institute" concept to involve the establishment of a single campus which would house
academic programs from San Diego State University, University of California at San Diego,
and Southwestern College with emphasis in the areas of high technology and biotechnology,
as well as environmental research and commerce. The planning efforts should include further
definition of organizational structure, academic and research focus, as well as siting and
financial issues.
SR-125
Continue to support the construction of a FreewayfTollroad to serve the eastern area north
south traffic movement. The facility will be a 6 to 10 lane divided and controlled access
highway built to freeway standards beginning at 1-905 in Otay Mesa and traversing north to
SR-54. The project has regional funding in the amount of $70 million (approx) to pay for the
San Miguel Connector (between SR-54 and San Miguel Rd.) It is important to keep political
interest and support for the funding with State, Federal, and locai elected officials.
ImDrove Citv Revenues Base
Continue to focus on increasing the revenue base for basic City services, actively participate
in lObbying efforts to "return" funds taken from the State, limit the use of one-time revenue
sources. make progress toward the Council goal of an 8% reserve, and generally ensure an
improvement in the City's long term financial stability.
Presented by
Approved as to form by
bt01 ~~
Dawn Herring
Budget Manager
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Resolution 18880
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January, 1998, by the following vote:
AYES:
Councilmembers:
Moot. Padilla, Rindone, Salas and Horton
NAYES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
ATTEST:
~fl. æhe~Cfe~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
S~~
I. Beverly A. Authelet. City Clerk of the City of Chula Vista, California. do hereby certify that
the foregoing Resolution No. 18880 was duly passed. approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of January,
1998.
Executed this 20th day of January, 1998.
9-/6
r-. 'ì
ORDINANCE NO.
DRAFT
AN URGENCY ORDINANCE OF THE CITY OF CHULA
VISTA PROHIBITING THE PERMITTING OR APPROVAL OF
ANY NEW OR EXPANDED FEE-BASED CHECK CASHING
AND DEFERRED DEPOSIT USES FOR AN INTERIM PERIOD
OF FORTY-FIVE (45) DAYS
WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing a of customer's personal check until a specific date - both for a fee ("check
cashing/deferred deposit establishments"); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments ar(J inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses - including full-service financial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26,2005, recommended that the City
Council adopt a temporary moratorium on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, Government Code Section 65858, allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
9~/¥
Ordinance No.
Page 2 of3
DRAFT
WHEREAS, the interim ordinance shall be of no further force and effect forty-five (45)
days ITom the date of adoption thereof; provided however, that after the required notice and
public hearing the City Council may, by a four-fifths vote, extend the interim ordinance for an
additional ten months and fifteen days (with the option of an additional one-year extension) or
twenty-two months and fifteen days (with no extension); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check cashing
and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based check
cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace existing
full-service financial institutions in generally lower income commercial areas. These
financial institutions may close or choose not to open where the market share is
significantly eroded. In addition, new full-service financial institutions and other desired
commercial development must compete with check cashing/deferred deposit
establishments for the limited commercial space in each district. Unchecked, this may
result in a reduction or displacement of needed goods and services.
D. Some Check cashing and deferred deposit businesses lack adequate security measures,
especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and
other measures are not in place to protect patrons - even though they operate with
extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set of land use controls
SECTION 2. Findings of Urgency
The immediate adoption of this ordinance is necessary to protect the public safety, health, and
welfare in order to prevent the ITustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
9-/5
Ordinance No.
Page 3 of3
DRAFT
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred deposit
business/use shall be prohibited. No application, building permit, certificate of
occupancy, or entitlement for the establishment or expansion of check cashing or
deferred deposit business/use shall be accepted, processed, or approved while this
Ordinance is in effect.
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars)
as an incidental service to its customers.
C. "Deferred deposit businesses" are those businesses that defer depositing a customer's
personal check until a specific date, pursuant to a written agreement.
SECTION 4. Effective Date.
This interim zoning ordinance is adopted under the provisions of Government Code Section
65858 and shall take effect and be in full force immediately upon its passage by a four-fifths vote
of the City Council.
SECTION 5. Expiration Date.
This interim ordinance shall be of no further force and effect forty-five (45) days ITom the date
of adoption.
Presented by:
Approved as to form by:
Jim Sandoval
Director of Planning and Building
D~ 7. H~-
Ann Moore
City Attorney
lattorneylordinancelcheck cashing-deferred deposit (urgency).doc
9-/~
DRAFT
""12.evlsecJ '~-\-le-
l~J-î VlD. clB
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA PROHIBITING THE PERMITTING OR
APPROV AL OF ANY NEW OR EXPANDED FEE-BASED
CHECK CASHING AND DEFERRED DEPOSIT USES FOR .^..N
INTERIM PERIOD OF FORTY FIVE (15) D1^..YS
WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing of a customer's personal check until a specific date - both for a fee ("check
cashing/deferred deposit establishments"); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses - including full-service financial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26,2005, recommended that the City
Council adopt a moratorium on fee-based check cashing and deferred deposit businesses until the
land use impacts caused by a proliferation of such establishments can be more thoroughly
studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, it is the intention of the City Council to maintain this ordinance in effect
only until such time that the City Council adopt any amendments to laws or policies affecting
check cashing and deferred deposit uses; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
Ordinance No.
Page 2 of 3
DRAFT
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. Findings.
A.
B.
The City of Chula Vista has, in recent years, experienced a proliferation of check cashing
and deferred deposit businesses.
The City Council believes that the current land use policies regarding fee-based check
cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
c.
Unchecked proliferation of check cashing or deferred deposit uses may displace existing
full-service financial institutions in generally lower income commercial areas. These
financial institutions may close or choose not to open where the market share is
significantly eroded. In addition, new full-service financial institutions and other desired
commercial development must compete with check cashing/deferred deposit
establishments for the limited commercial space in each district. Unchecked, this may
result in a reduction or displacement of needed goods and services.
D.
Some check cashing and deferred deposit businesses lack adequate security measures,
especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and
other measures are not in place to protect patrons - even though they operate with
extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set of land use controls
SECTION 2. Prohibition of New Check Cashing or Deferred Deposit Uses.
A.
The establishment or expansion of a fee-based checking cashing or deferred deposit
business/use shall be prohibited. No application, building permit, certificate of
occupancy, or entitlement for the establishment or expansion of check cashing or
deferred deposit business/use shall be accepted, processed, or approved while this
Ordinance is in effect.
B.
"Check cashers" are entities in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars)
as an incidental service to its customers.
Ordinance No.
Page 3 of3
DRAFT
C.
"Deferred deposit businesses" are those businesses that defer depositing a customer's
personal check until a specific date, pursuant to a written agreement.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by:
Jim Sandoval
Director of Planning and Building
lattorneylordinancelcheck cashing-deferred deposit (non-urgenC}).doc
Approved as to form by:
J) ÛA- ? . r-k-
Ann Moore
City Attorney
COUNCIL AGENDA STATEMENT
Item \0
Meeting Date 04/26/05
Item Title:
Resolution Approving temporary closure of Eastlake Parkway from
June 06, 2005 to June 20, 2005 between Miller Drive and Ridgewater Drive and
authorizing the City Engineer to issue a Temporary Encroachment Permit to San
Diego Expressway Limited Partnership, LP. by California Transportation
Ventures, Inc., its' General Partner for the construction of the temporary on-site
detour.
Submitted By:
City Engineer é:A::
City Manager~~ Qe'"
(4/5ths Vote:- No-.Xl
Reviewed By:
San Diego Expressway Limited Partnership, LP. by California Transportation Ventures, Inc., its'
General Partner ("CTV") has requested temporary closure of Eastlake Parkway between Miller
Drive and Ridgewater Drive. The temporary road closure is needed in order to construct a
temporary on-site detour for the construction of a new bridge over SR-125 Toll Road.
RECOMMENDATION: That Council adopt the resolution authorizing the temporary closure
of Eastlake Parkway from June 06, 2005 to June 20, 2005 between Miller Drive and Ridgewater
Drive and authorize the City Engineer to issue a Temporary Encroachment Permit for the
construction of the temporary on-site detour .
BOARD/COMISSION RECOMMENDATION: Not applicable
DISCUSSION:
CTV is requesting approval to temporarily close Eastlake Parkway between Miller Drive and
Ridgewater Drive in order to build a temporary on-site detour. Most of the work is within the
State of California Department of Transportation right-of-way ("Caltrans") but the work east and
west of the proposed Eastlake Parkway Bridge deck is within the City of Chula Vista's
jurisdiction (See Exhibit "A").
The closure and the detour are necessary because SR-125 will be constructed at what is now the
existing street level of Eastlake Parkway. However, the roadway grade of Eastlake Parkway will
be elevated so that it crosses over SR-125 via a new bridge structure.
Since the construction of the Eastlake Parkway Bridge will take approximately 9 months to
complete, a temporary detour just to the north of the existing roadway will be constructed in
order to maintain public access during Bridge construction. City staff concurs with CTV's
/ð-/
Page 2, Item (t')
Meeting Date 04/26/05
assertions that the construction of a detour requires complete closure of Eastlake Parkway for no
more than two weeks to install the subject detour. The duration of the temporary closure is
estimated to be seven (7) calendar days with a maximum of fourteen days (14) to account for
unforeseen issues and account for the various utilities to be relocated/inspected by their
respective owners. It is expected at this time that the initial temporary closure will occur June
06, 2005 to June 20, 2005. The roadway, via the temporary detour, will be opened as soon as
possible to the public and pedestrian access will be maintained at all times through this detour
area. There will be another closure needed to remove detour tie-ins and complete roadway
surface and associate service connection at the end of bridge construction.
PUBLIC OUTREACH
Otay River Constructors "ORC", general contractors for the SR-125 Project, held a public
meeting on Thursday July 29, 2004 at 6:00pm at the Eastlake Elementary School located in the
community at 1955 Hillside Drive. The purpose of the meeting was to inform the Eastlake I
community about the construction of the State Route 125 Project, the need for temporary road
closures and the traffic detour at Eastlake Parkway. Notifications were sent by mail to all of
Eastlake Shores Properties. At the meeting there were approximately 120 attendees. Those in
attendance brought up questions regarding the intended roadway closures. All questions where
answered & addressed by the aRC at said meeting (see "Exhibit C").
AFFECT ON CITY STREETS
Eastlake Parkway has an Average Daily Traffic (ADT) count of 6539 for the section between
Miller Drive and Ridgewater Drive. Closure of this segment of Eastlake Parkway will result in
the need to detour those trips. ORC's traffic engineer has prepared a detour plan in order to
direct eastbound-to-southbound traffic on Eastlake Parkway to eastbound East H Street, then
southerly on Lane Avenue to Otay Lakes Road. Northbound-to-westbound traffic on Eastlake
Parkway from south ofOtay Lakes Road will be directed on Miller Drive to Lane Avenue, then
westerly Proctor Valley Road, (See Exhibit "D"). No segment level of service will be adversely
impacted by any diversion of traffic as a result of detouring traffic for these closures.
With the temporary closure of Eastlake Parkway, there will be only two out of three access
points available through the Lakeshore Drive area and the Telegraph Canyon Estates area. There
is a secondary access point to Lakeshore Drive via public streets located within the Telegraph
Canyon Estates subdivision that wil1 remain open to the public. Within the Telegraph Canyon
Estates subdivision, the contractor has already installed 3-temporary all-way stops on the'
collector streets. The secondary access is needed to maintain emergency access into the area.
AFFECT ON EMERGENCY/PUBLIC SERVICES
Chula Vista Transit Bus Route 709 will be affected by said request. CTV has agreed to provide
the City with a cash deposit in the amount of $30,000.00 to cover the Transit cost required to
operate a shuttle bus that utilizes the portion of Eastlake Parkway that will be subject to the
temporary roadway closure periods in order to accommodate the passengers affected by this and
/ó-;¿
Page 3, Item \.0
Meeting Date 04/26/05
the future closures (see Exhibit "E"). For purposes ofliquidated damages, the daily rate will be
doubled if the shuttle service is required beyond the number of days approved by the City
Council.
Chula Vista Police Department and Chula Vista Fire Department have been consulted about
these closures and asked that they need to be notified in writing with the exact temporary road
closure period one week in advance of implementation. Both Departments will notify the main
dispatch and coordinate accordingly.
The Permittee is required to notify all affected parties, including the motoring public, in the form
of advance warning signs placed one week prior to the closure implementation day at all
directions leading to that segment of East lake Parkway affected by the proposed closure, subject
to approval by the Traffic Engineering Section. The Permittee will notify all the utilities, waste
services, Chula Vista Elementary School District and Sweetwater High School District two
weeks prior to the closure date.
In conclusion, staff recommends the approval of the closure and the authorization of the City
Engineer to issue the Temporary Encroachment Permit No. PE-632 subject to the conditions of
said Encroachment Permit.
Environmental Determination:
The Environmental Review Coordinator has received a letter dated October 1, 2004 from
Caltrans District 11 office stating that this request have been contemplated and analyzed in the
SR-125 EIRÆIS document (January, 2000) and this detour & needed closure are to implement
the mitigation measures ofthe EIR.
FISCAL IMPACT:
CTV agreed to pay the City $30,000.00 to cover the Transit cost. There will be no other
affiliated costs, since California Transportation Ventures is fully responsible for restoring the
street to its original condition.
Attachments:
Exhibit "A": Vicinity Map indicating Road Closure Limits
Exhibit "B": Preliminary Project Schedule
Exhibit "C": Eastlake Community Detour Meeting Q&A
Exhibit "D": Proposed Route Detour
Exhibit "E": Transit Route 709
Exhibit "F": Authorization for Temporary Encroachment in the City Right of Way
J:\EngineerIAGENDA ICAS200514-26-051A-113 for Eastlake Pkwy closure.doc
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A ~~VER
EXHIBIT tiC'
Community Detour MeetiBg Q&A
Questions From the Community Members at the Eastlake Detour Meeting held on July 29,
2004 at Eastlake Elementary School
There were approximately 120 to 130 attendees at the community meeting.
The meeting started at 6:00 pm and ran till 7:20 pm.
EastIake Detour Questious:
1. Will utilities be impacted in Eastlake I?
N(). The existing ulilities (water, electric, gas and cable) will be rerouted thr()ugh the new bridge. Minor oU/åges of
service may occur os the ¡¡Jjlity companies make the relocation tie-ins.
2. Will þOOnes be shut down?
No. The Easllake DetQl,lr does n()t affect phonefacilities.
3. What will happen to the power lines tunning _oss Easthlke Parkway?
The "ew Eaßtlake Bridge does not affect the SDG&E '$ Transmission lines locaticn, although the line may need to be
raùed at the bridge location,
4. Will there be advance notice of utilìty outages?
Yes. The utility c()mpanies will n()tify their customers of the ()utages in accordance with their policies.
5. Can we re-tima the left hand turn off of Easthlke to East H Street to make it longer'!
The signal timing al that iluersection is Traffic Demand dependent and will adjust accordingly.
6. What is the date of the fl!St closure On Bastlake?
The current enim<1ted dale for thefirst closure of Eastlake Parkway is scheduled for late October or ear(y November. A
community notke with the exact date will he distributed prior to the closure.
7. With the detour, the distance to the high school is greater than three miles, whìch makes students eligible for busing. will
the contractor work with the district about this?
The cOlltractor will provide pedestrian access at all times along EastlaJre Parkway.
8. The two week closure is in OctJNov, when is the four week closure?
The four-week c/(Jsure is scheduled for lhe summer of 2005.
9. Are resìdents going to be sent a schedule for construction for Eastlake Parkway?
The community ,Mice will describe the construction schedule and road closure dates.
10. Is it possibletø Mthe detour without full closure?
Ye$ but this would requrrc $hifting Irajfic multiple times {lnd prolollg tÞe overall con.struction impacts to the re$idellt<
and the community.
t 1. Wi!I tþere b<:. 8.I1y COnstruçtioll activìtieg along Bastlake Parkway priQr to the road closure?
Yes.. Grad/ng of the ¢dQU1"and utility relocation work may start a few weeks prior to the road closure.
12. Wilt we receive another notice prior to the actual closure?
Yes. A community notice will be distributed prior to the road closure. In addition, newspaper ads will be placed in the
UnilJn Tribune South County Section, Star News and the El Latino papers.
13. How long will construction of the new Eastlake Parkway bridge last?
The bridge construction will take 6-8 months. The overall cOlIStruction of the Eastlake Parkway overcrossing
will take 9-12 months.
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AUTHORIZATION FOR
TEMPORARY ENCROACHMENT
IN THE CITY RIGHT OF WAY
PERMIT NO. PE-632
Application Fee: N/A
Receipt No: N/A
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted to San
Diego Expressway Limited Partnership, L.P. by California Transportation Ventures, Inc., its'
General Partner hereinafter ("Permittee") to do work within a portion of right-of-way belonging to the
City of Chula Vista (hereinafter "City").
Whereas, the Permittee has requested the permission of City to encroach on City's right-of-way
adjacent to and for the direct benefit of Permittee's properties at the north and south sides of Eastlake
Parkway, between Miller Drive and Ridgewater Drive.
Permission is hereby granted to do the following work:
Construct temporary on site detour, which is necessary because SR-125 will be constructed at what,
is now the existing street level of Eastlake Parkway. The roadway grade of Eastlake Parkway will
be elevated so that it crosses over SR -125 via a new bridge structure in accordance with Council
Resolution
(hereinafter "Encroachment")
Now, therefore, in consideration of their mutual promises, and other good and valuable consideration,
the parties hereto agree as follows:
Permission is hereby granted to install Encroachment for a period not to exceed twelve months (12)
ITom the date of approval of this permit in accordance with the following conditions:
1. Permittee will submit to the City Engineer a project schedule that the City will review and approve
that clearly shows the initial closure date and anticipated final closure date for Eastlake Parkway.
Once the City Engineer has approved the initial-closure dates, the contractor will have no less than
14 calendar days until the initial closure period commences.
2. The initial closure of Eastlake Parkway shall be limited to a maximum of fourteen (14) calendar
days from June 6, 2005 to June 20, 2005 and the final closure for a maximum of twenty-eight (28)
calendar days during January 2006.
3. Permittee shall provide non-refundable cash deposit in the amount of $30,000.00 with the City to
cover the Transit cost required to operate a shuttle bus, Route 709 in the Southwestern
College/Eastlake area Route that utilizes the portion of Eastlake Parkway that will be subject to
the temporary roadway closure period. For purposes of liquidated damages the daily rate of $578
per weekday and $476 per weekend, will be doubled if the shuttle service is required beyond the
/rJ --/ .L-
Temporary Encroachment Permit No. PE-632
L.P.
San Diego Expressway.
number of days approved by the City Council.
4. Maintenance, removal or relocation of the roadway existing utilities shall be the sole responsibility
of Permittee, at no expense to the City.
5. All street surface improvements including but not limited to landscape and irrigation shall be
restored to their original condition, or better, upon removal of the temporary on site detour.
6. Permittee shall defend, indemnify, protect and hold harmless City, its elected and appointed
officers and employees, ITom and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the conduct of Permittee, or any agent
or employee, subcontractors, or others in connection with the execution of the work covered by
this Agreement, except only for those claims arising !Tom the sole negligence or sole willful
conduct of City, its officers, or employees. Permittee's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgment or not. Further, Pennittee at
its own expense shall upon written request by City, defend any such suit or action brought against
City, its officers, agents, or employees. Permittee's indçmnification of City shall not be limited by
any prior or subsequent declaration by the Permittee.
7. Permittee agrees to provide for pedestrian access through the closure area to the satisfaction of the
City Engineer.
8. Permittee agrees to notify all affected parties, including the motoring public in the fonn of
advance warning signs placed at all directions leading to that segment of Eastlake Parkway
affected by the proposed closure, subject to approval by the Traffic Engineering Section. The
Permittee will notify in writing City ofChula Vista, all the utilities, Laidlaw Services, Chula Vista
Elementary School District and Sweetwater High School District two weeks prior to closures
dates.
9. Permittee agrees to place an advertisement in the Star News and San Diego Union that shows the
time, place and duration of the closure and the detour route two weeks prior to closure date.
10. Other conditions reasonably required by the City Engineer.
This permit is revocable upon written notice ITom City to Permittee. Upon such notice, the installation
must be removed, or relocated, as may be specified oy City at Permittee's expense at the said time. If
Permittee fails to remove or relocate Encroachment within the period allotted, City may cause such
work to be done and the Permittee therefore shall pay the full cost.
The undersigned Permittee hereby accepts the foregoing Encroachment Permit upon the terms above
set forth and agrees to all of the conditions and covenants on its part to be performed. It is understood
and agreed that, in addition to the above conditions, all applicable conditions on the City of Chula Vista
Municipal Code are incorporated herein by reference as if set out in full.
[NEXT PAGE IS A SIGNATURE PAGE]
Page 2 of3
AJ -/3
.
Temporary Encroachment Pernrit No. PE-632
San Diego Expressway, L.P.
[SIGNATURE PAGE]
PERMITTEE:
CITY
SAN DIEGO EXPRESSWAY
LIMITED PARTNERSHIP, L.P., by
California Transportation Ventures, Inc.,
~::e01ff&;:le~
Title ¡; II,
Address !l!iJ
I
CITY OF CHULA VISTA
By: Sohaib Al-Agha
T~tle: Ci::;¿er
SIgnature __~
Date
(Attach notary acknowledgment)
J:\Engineer\lANDDEV\projects\sR-J25\PE~632 Easllake Pkwy temp encroachment permit.doc
Page 3 of3
/()~/¥
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California
County of
~ 1)~ eS()
} ss.
On 3-3 \ -oS
Dale
, before me,
personally appeared
DQ\.! e
Name and Tille of Officer (e.g., "Jane Doe, Notary P
-\1..0-\0 \ e~
Name 5) of Slgner(s)
~ersonally known to me
o proved to me on the basis of satisfactory
evidence
Q. IWRICIA TALAMANTES
c:c.n..-. 1_
Notary..- - ~
San CIogo CaunIy
Conwn. E Mar ...
to be the person(.et whose name(~ is/are
subscribed to the within instrument -and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(iQ<;), and that by his/her/their
signature(&) on the instrument the person(&), or
the entity upon behalf of which the person(~)
acted, executed the instrument.
Place Notary Seal Above
seal.
.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Titie or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
D Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
@1997National Notary Association' 9350 De Solo Àve., P.O. Box 2402. Chatsworth, cà 91313-2402
Prod. No. 5907
Reorder: CaJl Ton-Free '-800-876-6627
/ð -/S
DRAFT
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TEMPORARY CLOSURE OF EASTLAKE
PARKWAY FROM JUNE 06, 2005 TO JUNE 20, 2005 BETWEEN
MILLER DRIVE AND RIDGEWATER DRNE AND AUTHORIZING
THE CITY ENGINEER TO ISSUE A TEMPORARY
ENCROACHMENT PERMIT TO SAN DIEGO EXPRESSWAY
LIMITED PARTNERSHIP, L.P. BY CALIFORNIA
TRANSPORTATION VENTURES, INC., ITS' GENERAL PARTNER
FOR THE CONSTRUCTION OF THE TEMPORARY ON-SITE
DETOUR.
WHEREAS, San Diego Expressway Limited Partnership, L.P. by California
Transportation Ventures, Inc., its' General Partner ("CTV") has requested temporary
closure of Eastlake Parkway between Miller Drive and Ridgewater Drive in order to
build a temporary on-site detour; and
WHEREAS, the closure and the temporary on-site detour are necessary because
SR-125 will be constructed at what is now the existing street level of Eastlake Parkway.
However, the roadway grade of Eastlake Parkway will be elevated so that it crosses over
SR-125 via a new bridge structure; and
WHEREAS, the duration of the temporary closure is estimated to be seven (7)
calendar days with a maximum of fourteen days (14) to account for unforeseen issues and
account for the various utilities to be relocated/inspected by their respective owners.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the temporary closure of Eastlake Parkway from June
06, 2005 to June 20, 2005 between Miller Drive and Ridgewater Drive.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to
issue the Temporary Encroachment Permit # PE-632 for the construction of the
temporary on-site detour subject to the conditions of said Encroachment Permit.
Presented by
Approved as to form by
Alex Al-Agha
City Engineer
H:IENGINEERIRESOSIResos200514-26-05IReso for Eastlake Pkwy closure_ 4-26-05.doc
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Lorraine Bennett
From:
Sent:
To:
Subject:
Natalie Flores
Monday, April 18, 2005 3:09 PM
Lorraine Bennett
Mayor's Comments for 4/26 Council Meeting
Lorraine:
We. ~eed to have placed under Mayor's comments for next TuesdaY's_.ni~lll'f;t41~e)Yappointment ot.M~
z" as an at large member of the Housing Advisory Commission. Thanks.
Natalie D. Flores
Executive Secretary
City of Chula Vista
Office of the Mayor & City Council
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5044
(619) 476-5379 (fax)
nflores@ci.chula-vlsta.ca.us
1
/-<. -I
~(g~Y
COMMUNITY DEVELOPMENT DEPARTMENT
Memo
RE:
March 18, 2005
Mayor and ~ouncil
Dana Smith, Assistant Community Development Director
Mary Ladiana, Planning Manager~
Housing Advisory Commission; Appointment of "At-Large" Position
Date:
To:
Via:
From:
The City of Chula Vista's Housing Advisory Commission currently has a vacant "At-Large"
position. This position is for a voting member.
The Community Development Department would like to request consideration of the
appointment of a current "ex-officio" member, Mr. Steve Zasueta, to the vacant "At-Large"
position. Mr. Zasueta and other members of the Housing Advisory Commission are
supportive of this appointment. Mr. Zasueta is a Chula Vista resident and has played an
active role on the Commission. Should the City Council appoint Mr. Zasueta, his "ex-officio"
position would then need to be filled.
Should you have any questions regarding this matter please contact my office at (619) 409-
5432.
Cc: Lorraine Bennett, City Clerk's Office
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