HomeMy WebLinkAboutAgenda Packet 2006/03/21
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'loclars under penalty of perjury that I am , , ,
.cnployed by the City of Chula Vista In the. ~'f~
f the City Clerk and that I posted this :- ~~ ~
on the bulletin board according to ~ -=it: ~ ~
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I Signed' '.
Stephen C. Padilla, Mayor
Patricia E. Chavez, Council member David D. Rowlands. Jr" City Manager
John McCann, Council member Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
March 21,2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Brett Davis - Resource Conservation Commission
· DID YOU KNOW...ABOUT ECONOMIC DEVELOPMENT'S FOCUS ON THIRD
AVENUE? (Continued from March 14,2006)
Presented by Denny Stone, Economic Development Manager and Lynette A.
Jones, Senior Community Development Specialist
CONSENT CALENDAR
(Items 1 through 8)
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 immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of the Special Meeting of January 25, 2006.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL
CODE TO ADD SECTION 19.44.040Q AND AMEND SECTION 19.44.050,
RELATED TO THE BREWING AND DISTILLING OF LIQUORS IN THE LIMITED
INDUSTRIAL (I-L) ZONE (SECOND READING)
Adoption of the ordinance allows small scale brewing and distilling of liquors, subject to
approval of a conditional use permit and a preliminary environmental review within the
City's Limited Industrial Zones. This ordinance was introduced at the meeting of March
14,2006. (Planning and Building Director)
Staffrecommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 35 MPH NEW
SPEED LIMIT ON STONE GATE STREET BETWEEN HUNTE P ARKW A Y AND
ADIRONDACK PLACE (SECOND READING)
Adoption of the ordinance establishes a 35-mph speed limit on Stone Gate Street between
Hunte Parkway and Adirondack Place. Signs indicating a 25-mph speed limit "when
children are present" are posted as required by the Chula Vista Municipal Code near
Eastlake Middle School. This ordinance was introduced at the meeting of March 14,
2006. (City Engineer)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10.64 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO TRUCK ROUTES (FIRST
READING)
There have been many changes to the City's circulation system since the truck routes
ordinance was last modified in 1991. Recently, staff has reviewed the existing truck
routes and recommends several changes in order to: 1) clarify the intended usage of
existing streets throughout the City, and 2) classify some future streets depicted on the
approved entitlement documents for Villages 2, 6, 7, II and Planning Area 12 of the Otay
Ranch. Adoption of the resolution approves those revisions to the truck route ordinance.
(City Engineer)
Staff recommendation: Council place the ordinance on first reading.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AN AMENDED OTA Y V ALLEY REGIONAL PARK JOINT EXERCISE
OF POWERS AGREEMENT (JEP A) BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITIES OF CHULA VISTA AND SAN DIEGO CHANGING THE
NUMBER OF VOTES NECESSARY FOR THE CITIZENS ADVISORY
COMMITTEE OF THE OTAY VALLEY REGIONAL PARK JEPA TO TAKE
ACTION, AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED
AGREEMENT
Adoption of the resolution approves an amendment to the Otay Valley Regional Park
Joint Exercise of Powers agreement by clarifying the minimum number of votes required
by the Citizen Advisory Committee to take action on an item. (Planning and Building
Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
http://www.chulavistaca.gov
March 21, 2006
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD 138 KV
ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA
VISTA BA YFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER
189507 AND TOWER 188701, INCLUDING TOWER 188701, AND SETTING A
PUBLIC HEARING FOR THE FORMATION OF A UTILITY UNDERGROUNDING
DISTRICT ON APRIL 25, 2006 AT 6:00 P.M.
In order to proceed with the City's redevelopment of the Bayfront, the large 138 kV
electrical transmission lines currently located west of Bay Boulevard must be installed
underground and the towers removed. The terms for the performance of this work were
outlined in the Memorandum of Understanding between the City and SDG&E dated
October 12,2004. (City Engineer)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03 FOR CONDOMINIUM PURPOSES, AND THE ASSOCIATED
SUPPLEMENTAL AND SUBDIVISION AGREEMENT (Continued from March 14,
2006)
On March 1, 2005, the Council approved a tentative subdivision map for Sunbow Villas,
a proj ect consisting of a condominium conversion of 202 multi-family units. Adoption of
the resolution allows the final map to record, converting the existing apartments into
condominiums. (City Engineer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SDG&E PARK
LIGHTING IMPROVEMENTS (PR273)" PROJECT TO PALM ENGINEERING
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $107,800
On March 8, 2006, the Director of General Services received sealed bids for this project.
The work for the project primarily includes park lighting improvements at SDG&E Park
located at 1450 Hilltop. (General Services Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments 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
http://www .chulavistaca.gov
March 21, 2006
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.
9. CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO
REGULATE THE PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND PARKS
Convicted sex offenders who have committed a sexual offense against children pose a
threat to the children residing or visiting in our community, and therefore, the Council
desires to impose additional safety precautions to further the goal of protecting children
throughout the City. (Police Chief)
Staff recommendation: Council place the following ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADDING CHAPTER 9.80 TO THE CITY OF CHULA VISTA MUNICIPAL
CODE TO REGULATE THE PROXIMITY OF SEX OFFENDERS TO
SCHOOLS AND PARKS (FIRST READING)
10. CONSIDERATION OF AWARDING CONTRACTS FOR POLICE-INITIATED
TOWING AND STORAGE SERVICES, AND AMENDING THE SERVICE RATE
SCHEDULE
The Police department recently completed a Request for Proposal for Police-Initiated
Towing and Impound Services. Adoption of the resolutions awards the contracts, amends
the service rate schedule, and authorizes the Police Department to make annual changes
to the police-initiated towing service rate schedule. (Police Chief)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING PROPOSALS AND AWARDING CONTRACTS FOR POLICE
INITIATED TOWING AND STORAGE SERVICES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE POLICE INITIATED TOWING SERVICE RATE
SCHEDULE, ELIMINATING THE TOW REFERRAL FEE, IMPLEMENTING
A TOW LICENSE FEE, AND AUTHORIZING THE POLICE DEPARTMENT
TO MAKE ANNUAL CHANGES TO THE POLICE INITIATED TOWING
SERVICE RATE SCHEDULE
Page 4 - Council Agenda
http://www .chulavistaca.gov
March 21, 2006
OTHER BUSINESS
II. CITY MANAGER REPORTS
12. MA YOR'S REPORTS
Consideration of City Council committee assignments.
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 LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case. On March 8, 2006, an article was printed in the Union Tribune alleging that
the Kanter agreement has been suspended, pending an investigation. The article states
that "Kanter threatened to sue the City if an agreement on how to terminate the contract
was not reached. "
15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
One Case
ADJOURNMENT to the Regular Meeting on March 28, 2006 at 6:00 p.m. in the Council
Chambers.
Compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Page 5 - Council Agenda
http://www.chulavistaca.gov
March 21, 2006
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
DRAft
January 25, 2006
6:00 P.M.
SOUTH BAY TOWN HALL MEETING
The Azteca America San Diego and El Latino newspapers hosted a Town Hall meeting to give
citizens an opportunity to talk to some of the decision makers who affect their daily lives,
including elected officials from Chula Vista, National City, Imperial Beach and San Diego. The
meeting began at 6:15 p.m. at Southwestern College, Student Union East, 900 Otay Lakes Road,
Chula Vista, California.
Because three members of the Chula Vista City Council attended the meeting, it was noticed as a
special meeting under Brown Act requirements. In attendance were Mayor Padilla, Deputy
Mayor McCann and Councilmember Chavez. No action was taken by the City Council.
ADJOURNMENT
At 7:05 p.m., Mayor Padilla left the meeting, and the City Council meeting was adjourned.
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Susan Bigelow, MMC, Cit0clerk
I
ORDINA.NCE NO. ~::R'\\O~ .
~~
ORDINANCE OF THE CITY COUNCII,.",\~~ CITY OF
CffiJLA. VISTA ADDING SECTIQ,,~~~'9""44.040Q TO THE
CHULA VISTA MUNICIP~~IJE TO ALLOW AND
REGULATE THE SMALL ~ BREWING OR DISTILLING
OF LIQUOR, AND AMENDING 19.44.050 TO PROHIBIT THE
BREWING OR DISTILLING OF LIQUORS EXCEPT FOR
BUSINESSES REQUIRING A TYPE 23 LICENSE FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE
CITY OF CHULA VISTA.
WHEREAS, the Chu1a Vista Municipal Code currently prohibits all brewing or distilling
of liq uors in the 1- L zone; and
WHEREAS, the operational profile of small scale brewing and distilling ofliquors is
similar in nature to other conditionally permitted uses in the I-L zone; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
ordinance amendment is exempt pursuant to Section 15060(b)(3)(General Rule) of the State
CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25,
2006, and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the City's Zoning Ordinance.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION [ That Section 19.44.040 of the Chula Vista Municipal Code is amended to read
as follows.-
19.44.040 Conditional Uses.
Conditional uses permitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CVMC 19.58.280;
c. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions ofCVMC 19.58.120;
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F. Major auto repair, engine rebuilding, and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
1. Building heights exceeding three and one-half stories or 45 feet;
J. Unclassified uses, as set forth in Chapter 19.54 CYMC;
K. Trucking yards, terminals and distributing 'operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods
and retail uses which are related to and supportive of existing, on-site retail distribution centers
of manufacturers' outlets. Conditional use permit applications for the establishment of retail
commercial uses, covered by the provisions of this subsection, shall be considered by the city
council subsequent to its receipt of recommendations thereon from the planning commission;
N. Roof-mounted satellite dishes, subject to the standards set forth in CYMC 19.30.040;
O. Recycling collection centers; subject to the provisions of CYMC 19.58.345;
P. Hazardous waste facilities, subject to the provision ofCYMC 19.58.178;
Q. Brewing or distilling of liquors requiring a Type 23 Alcoholic Beverage Control License;
Conditional use permit applications for the newly listed use in this section shall be considered
and approved by the zoning administrator.
SECTION 11.
That Section 19.44.050. of the Chula Vista Municipal Code is amended to
read as follows:
19.44-050 Prohibited uses and processes.
Prohibited uses in an r-L zone include:
A. Manufacturing uses and processes involving the primary production of products from
raw materials, including the following materials and uses:
1. Asphalt, cement, charcoal and fuel briquettes,
2. Rubber, chemical and allied products, and soap and detergents,
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3. Coal, coke and tar products and the manufacturing of explosives, fertilizers,
gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks and explosi ves,
7. Industrial metal, waste rage, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Brewing or distilling of liquors except for businesses requiring a Type 23
licenses from the Department of Alcoholic and Beverage Control or perfume
manufacturing.
B. The following processes: nitrating of cotton or other materials; foundries; reduction,
refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores;
refining of petroleum products; distillation of wood or bones; storage, curing or tanning
of raw, green or salted hides or skins; and grain milling;
C. Any other use which is determined by the commission to be of the general as the
above uses.
SECTION III This Ordinanc:e shall take effec:t and be in fUll forc:e on the thirtieth day from and
after its adoption.
Submitted by
Approved as to form by
James D. Sandoval, AICP
Planning and Building Director
J .\PI.:J.nning\Ca.se Filc:s\-06 (FY 05-06 )\PC' A \PC A.O(H)! \Onlinancr:s\PCA-06--0 1_0rdimlIlce.doc
2-3
of?\\O~
ORDINANCE NO.. ~~ ~ .
ORDINANCE OF THE CITY q:r~~@f<tF THE CITY
OF CHULA VISTA E~'fSHING THE SPEED
LIMIT ON STONE GATB'%'TREET BETWEEN HUNTE
PARKWAY AND ADIRONDACK PLACE TO 35 MPH
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 Stone Gate S1. between Hunte Parkway and Adirondack Place be
established to 35 mph; and
WHEREAS, this reco=endation and other info=ation in the City Engineer's
report has been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: The speed limit on Stone Gate St. between Hunte Parkway and
Adirondack Place is hereby established to 35 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
Stone Gate Street Hunte Parkway Adirondack Place 35 mph
SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to fo= by
Leah Browder
Acting Director of Engineering
~~,~~
City Attorney
H:\ENGfNEER\Ordinanccs\Ord2006\03-14-06\Ordinanc.~UStone Gate St) s~ Est..doc
3-1
COUNCIL AGENDA STATEMENT
Item
Meeting Date ~/21101\
4-
ITEM TITLE:
Ordinance Amending Ordinance 2482 and Chapter 10.64 of the
Chula Vista Municipal Code relating to Truck Routes, thereby amending
Schedule VII as maintained in a register by the City Engineer
SUBMITTED BY: Acting Director of Engineering ~
REVIEWED BY: City Manager f ~ 7lK'
(4/5ths Vote: Yes~o.x,J
There have been many changes to the City's circulation system since the truck routes ordinance was
last modified in 1991. This ordinance was established in 1975, was amended in 1982 and was last
updated in 1991 by Ordinance 2482. Recently, staff has reviewed the existing truck routes and
recommends several changes in order to: 1) clarifY the intended usage of existing streets throughout
the City, and 2) classifY some future streets depicted on the approved entitlement documents for
Villages 2, 6, 7, II and Planning Area 12 of the Otay Ranch. Tonight, Council will consider
approving the recommended revisions to the truck route ordinance.
RECOMMENDATION:
That Council place the proposed ordinance on first reading.
DISCUSSION:
Following is a description of the official vehicles categories based upon vehicle gross weight (see
Exhibit D):
1. Vehicles less than 6,000 pounds (three tons) gross vehicle weight: these vehicles are
passenger cars, sport utility vehicles (SUV), vans, pick-up trucks and motorcycles.
2. Vehicles greater than 6,000 pounds and less than 10,000 pounds (five tons) gross
vehicle weight: these vehicles are light duty trucks, cargo vans and trucks towing utility
trailers. Most of these vehicles are based on pick-up truck or van chassis and would not
be of the tractor-trailer type. Overall, these vehicles are comparable to large passenger
cars, SUV's, vans or pick-up trucks.
3. Vehicles greater than 10,000 pounds gross vehicle weight: vehicles in this category
are either tractor-trailer trucks with one or two (tandem) trailers or large single-unit
(no trailer) trucks such as a two-axle moving/delivery truck like a bottled water truck
or a United Parcel Service delivery truck. These types of commercial vehicles require
a Class I drivers license due to their weight and overall length. These vehicles will be
restricted to only use the truck routes.
Sections 35700, 35701 and 35703 of the California Vehicle Code authorize cities to prohibit the use
of a street by any commercial vehicle or any vehicle exceeding a maximum gross weight limit, such
as 10,000 pounds, with exceptions. The 10,000-pound restriction will apply to all commercial
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Page 2, Item L./
Meeting Date 1;21/06
vehicles with exceptions - which include buses, governmental fire service vehicles, public utility
vehicles and trash trucks. In addition, truck use on any City street is pennitted if it is necessary to
use such a street to deliver or pick-up merchandise or engage in any construction activities on
private property, buildings, etc. Therefore, designated truck routes are intended only to guide trucks
through the City streets and do not automatically prohibit trucks from using any other City streets
not designated as truck routes.
The Circulation Element of the General Plan and Chula Vista Street network have changed greatly
since the existing truck routes were last amended in 1991. These changes include a large number of
roadways that have been recently constructed east of the "I-80S" Freeway. The purpose of this
report is to make additions to the existing truck route system to reflect changes that have taken
place in the street network and land development in the past fourteen years. Furthennore, staff is
proposing to add streets that, although not yet constructed, are anticipated for completion in the near
future for serving developing areas in the eastern territories. Exhibit A presents a map that
illustrates the existing and proposed truck routes in the City of Chula Vista. This map will become
a part of the proposed ordinance.
Staff also recommends revising Chula Vista Municipal Code Chapter 10.64 in order to repeal
Section 10.64.040, which is no longer relevant. Schedule VII, which is established to contain a
pennanent record of the approved Truck Routes, is now maintained in a register in the office of the
City Engineer as required by Section 10.64.010 of the City Of Chula Vista Municipal Code.
Schedule VII containing the newly proposed truck routes is presented in Exhibit B. A minor
revision to Section 10.64.010 is needed to reflect the current regulation (see Exhibit C).
Great consideration was given in establishing additional truck routes to the impacts and effects of
truck noise and attendant air pollution on the proposed "truck route" streets. The truck routes were
chosen so that there is minimal impact on residential areas. Most of the routes will serve the new
and future commercial/industrial areas being developed in eastern Chula Vista and are logical
choices for heavy truck use (see attached map and table-Exhibit A). Establishing these streets as
truck routes may reduce truck use on existing streets throughout the City, especially in residential
areas. The proposed routes are also good connectors for trucks to and from the "1-5" and "I-80S"
freeways and the proposed "SR-125" toll road.
As the City continues to develop, the street network will undoubtedly change. City staff recognizes
that periodic review of the truck routes is necessary and additional truck routes may be designated
in the future. Staff will continue to monitor truck routes for possible changes in the future and
make recommendations when they become necessary.
The Chula Vista Police Department Traffic Bureau and the Commercial Vehicle Enforcement
section were consulted during the development of this new Truck Route ordinance and are in
concurrence with staff's recommendation. Their concurrence is imperative since, once the "Truck
Route" ordinance is established and appropriate signs have been installed, enforcement
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\
Page 3, Item 4
MeetingDate 1/21/Oti
responsibility will be with the Police Department.
FISCAL IMPACT: There is no fiscal impact to the General Fund with this project. The cost of
the additional signage to implement said truck ordinance is estimated to be $15,000. Council has
already approved CIP project TF339 for FY 2005-06 to cover this cost. Annual maintenance of the
signs is estimated at $400 per year.
Attachments: A) Truck Route Map (showing existing and proposed Truck Routes)
B) Revised Schedule VII of the register maintained in the office of the City Engineer
C) Proposed Changes to Section 10.64.010 of the Code
D) Silhouettes of Various Weight Class Vehicles
DW/LDT/ TF339
J:\EngineerIAGENDA\CAS2006\03-21-06\TRUCKROUTES.doc
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"EXHIBIT B"
Schedule VII
Truck Routes
(Load Restrictions on Certain Streets)
Chapter 1 0.64.01 0
Chula Vista Municipal Code
Except as provided in CVMC 10.64020 and 1064.030, it is unlawful to operate a vehicle weighing in excess of ten
thousand pounds except upon a truck route designated in Schedule VII. This section is effective when signs marked
"truck route" have been installed along the designated truck routes, and the city engineer has installed signage at each
vehicular point of entry into Chula Vista restricting vehicles in excess of ten thousand pounds to designated truck routes.
The city engineer shall maintain within a register a Schedule VII listing all streets or portions of streets that are designated
"truck routes".
In accordance with CVMC 10.64.010, pursuant to regulation, when appropriate "Truck Route" signs are erected giving
notice thereof, the movement of all motor vehicles having a maximum gross weight in excess of ten thousand pounds is
confined to the following streets:
Direction Street BeQinninq At EndinQ At
North - South Bay Boulevard E Street South City Limits
Beyer Way Main Street South City Limits
Broadway North City Limits South City Limits
Eastlake Parkway Otay Lal(Qs Roes Miller Drive Millor Dri'/e Birch Road
Fourth Avenue North City Limits South City Limits
Heritage Road Telegraph Canyon Road South City Limits
Hunte Parkway Proctor Valley Road Olympic Parkway
La Media Road Telegraph Canyon Road Birch Road
Industrial Boulevard L Street Main Street
Lane Avenue Proctor Valley Road Otay Lakes Road
Marina Parkway G Street Bay Bou levard
Maxwell Road Otay Veiloy Roes Main Street "North End"
Miller Drive Boswell Road/Court Eastlake Parkway
Otay Lakes Road Bonita Road Telegraph Canyon Road
Third Avenue H Street Main Street
J:\ENGINEER\TRAFFIC\Register of Schedules\Schedule VII
4JS
03/01/2006
Schedule VII
Truck Routes
(Load Restrictions on Certain Streets)
Chapter 10.64.010
Chula Vista Municipal Code
Direction Street BeoinninQ At Endino At
West - East Anita Street East Frontage Road Broadway
Birch Road La Media Road Eastlake Parkway
Bonita Road E Street/East Flower Street East City Limits
Boswell Road/Court Lane Avenue Westerly Cul-de-Sac
C Street Broadway Fourth Avenue
E Street Bay Boulevard Bonita Road
F Street Bay Boulevard Broadway
Fenton Street Eastlake Parkway Otay Lakes Road
H Street Bay Boulevard Hilltop Drive
East H Street Hilltop Drive Otay Lakes Road
East H Street SR-125 Mount Miguel Road
J Street Bay Boulevard Broadway
L Street Bay Boulevard Hilltop Drive
East L Street Hilltop Drive Telegraph Canyon Road/Naclon Avenue
Main Street Interstate 5 Otay Valley Raaa Heritage Road
Olympic Parkway 1-805 Hunte Parkway
Otay '/alle)' Roaa Main Street east Cir/ Limit
Otay Lakes Road La Media Rd./Otay Lakes Rd. East City Limit
Palomar Street Bay Boulevard Third Avenue
Proctor Valley Road Mount Miguel Road Hunte Parkway
Telegraph Canyon Road East L Street/Nacion Avenue 'Nueste Reaa La Media Rd.lOtay Lakes Rd.
J:\ENGINEERITRAFFIC\Register of Schedules\Schedule VII
43.6
03/01/2006
"EXHIBIT C"
10.64.10
Compliance required when.
Except when provided in sections 10.64.020 and 10.64.030, it is unlawful to
operate a vehicle weighing in excess of 1 0,000 pounds except upon a truck route
designated in section 1 O. (; 4.040 within the City limits. This section is effective
when signs marked "truck route" have been installed along the designated Truck
Routes, and the city engineer has installed signage at each vehicular point of entry
into Chula Vista restricting vehicles in excess of ten thousand pounds to
designated truck routes. The city engineer shall maintain within a register
Schedule VII listing all streets or portions of streets that are designated "truck
routes. "
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I FILE NO. CY-029
OWN BY: D.M. Wolfe
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DATE: ~arch 1, 2Q06
GVW FOa VARIOUS VEHICLES..
ORDINANCE NO.
AN' ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
10.64 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TRUCK
ROUTES
WHEREAS, there have been many changes to the City's circulation system since the
truck route ordinance was last modified in 1991; and,
WHEREAS, staff has conducted a review of the existing truck routes and recommends
several changes in order to: 1) clarify the intended usage of existing streets throughout the
City, and 2) classify some future streets depicted on the approved entitlement documents for
Villages 2, 6, 7, 11 and Planning Area 12 of the Otay Ranch.
The City Council of the City ofChula Vista does hereby ordain as follows:
SECTION I: That Sections 10.64.010 and 10.64.040 of Chapter 10.64 are hereby
amended to read as follows:
Sec. 10.64.010
Compliance required when.
Except when provided in sections 10.64.020 and 10.64.030, it is unlawful to
operate a vehicle weighing in excess of 10,000 pounds except upon a truck route
designated in section 10.61.010 within the City limits. This section is effective
when signs marked "truck route" have been installed along the designated Truck
Routes, and the city engineer has installed signage at each vehicular point of entry
into Chula Vista restricting vehicles in excess of ten thousand pounds to
designated truck routes. The city engineer shall maintain within a register
Schedule VII listing all streets or portions of streets that are designated "truck
routes. "
Sec. 10.64.040
Schedule VII
Load restrictions upon vehicles usmg certain streets -
Repealed by Ord. _, 2006 (Ord. 2670, 1996; Ord. 2482 9 1,1991; Ord. 973 9
1,1966; prior code 919.22.1
(See attached Truck Routes (Revised) Schedule VII, "Exhibit B")
[Editor's Note: The substantive acts of the council pertaining to Schedule VII and
truck routes, undertaken by ordinance, as required by the Vehicle Code of the
State of California, are listed within a register maintained by the City Engineer,
Schedule VII listing all streets or portions of streets that are designated "truck
routes. "]
4-9
SECTION II: 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
~~
.
Leah Browder
Acting Director of Engineering
Ann Moore
City Attorney
J:\Engineer\AGENDA \CAS2006\03-21-06\ORDINANCE NO,doc
4-10
CITY COUNCIL AGENDA STATEMENT
=
Item: :J
Meeting Date: 03/21/06
ITEM TITLE:
RESOLUTION of the City Council of the City ofChula Vista
adopting an amended Otay Valley Regional Park Joint Exercise of Powers
Agreement (JEP A) between the County of San Diego and the cities ofChula
Vista and San Diego, changing the number of votes necessary for the Citizens
Advisory Committee of the Otay Valley Regional Park JEP A to take action
and authorizing the Mayor to sign the amended agreement.
Director of Planning ~uildin!:'~
Director of Recreation ~ ij
City Manager 11 ~ VI:
(4/5 Vote: Yes_No..KJ
SUBMITTED BY:
REVIEWED BY:
The City Council authorized the Mayor to sign the Otay Valley Regional Park Joint Exercise of
Powers Agreement (OVRP JEP A) in November 2005, it was discovered and agreed to by staffrrom
each member jurisdiction, that a further minor adjustment to the OVRP JEPA was necessary. The
proposed adjustment involves clarification of the minimum number of votes necessary for the
Citizen Advisory Committee to take action.
RECOMMENDATION:
That Council adopt a Resolution amending the Otay Valley Regional Park Joint Exercise of Powers
Agreement between the County of San Diego and the Cities of Chula Vista and San Diego, and
authorize the Mayor to sign the amended agreement.
BOARDS AND COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
On November 1,2005, the City Council adopted the Otay Valley Regional Park Joint Exercise of
Powers Agreement (OVRP JEP A) between the County of San Diego, and the cities of San Diego and
Chula Vista. This OVRP JEP A rescinded the OVRP JEP A dated January 30, 1990 and replaced that
agreement in its entirety. The new OVRP JEP A expanded the scope to include operations and
maintenance activities, as well as further clarify the functions of the Policy and Citizen Advisory
5-1
.,....
~
Page No.2, Item:
Meeting Date: 03/21/06
Committees. However, it was discovered by staff that on Page 5, Section 7 of the OVRP JEPA (See
Attachment I), the voting requirements for the Citizen Advisory Committee were not explicit
enough.
The OVRP JEPA establishes 12 members as a quorum for the 30 members Citizen Advisory
Committee (CAC). It states "...a simple majority (7) of the 12 votes shall be required to take action
on an item." Unfortunately, this does not account for situations where a higher attendance of the
CAC may occur and that a majority vote of higher than seven votes may be necessary to take action.
Therefore, Staff recommends that the OVRP JEP A be modified to account for this. The County
Board of Supervisors has taken action to accommodate this, and the City of San Diego is expected to
do likewise soon.
The following paragraph from Page 5, Section 7 of the agreement is recommended for modification,
as shown below.
"The Citizen Advisory Committee members shall serve at the pleasure of the Policy
Committee for a term to be set by the Policy Committee. A quorum for purposes of
conducting business shall consist of 12 committee members or alternates. A simple majority
tB of the 12 yotes members present shall be required to take action on an item."
FISCAL IMP ACT: None with this action
Attachments:
1. Amended OVRP Joint Exercise of Powers Agreement (JEP A)
5-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING AN AMENDED OTAY VALLEY REGIONAL
PARK JOINT EXERCISE OF POWERS AGREEMENT (JEPA)
BETWEEN THE COUNTY OF SAN DIEGO AND THE CITIES OF
CHULA VISTA AND SAN DIEGO CHANGING THE NUMBER OF
VOTES NECESSARY FOR THE CITIZENS ADVISORY
COMMITTEE OF THE OTAY VALLEY REGIONAL PARK JEPA TO
TAKE ACTION AND AUTHORIZING THE MAYOR TO SIGN THE
AMENDED AGREEMENT
WHEREAS, the City of Chula Vista, City San Diego and County of San Diego ("agencies")
exercise jurisdictional control over property located within the Otay River Valley area; and
WHEREAS, the agencies entered into a Joint Exercise of Powers Agreement ("JEPA") on
November 01, 2005, for the planning, design and acquisition of land for the Otay Valley Regional Park
("OVRP"); and
WHEREAS, the agencies recognize that the JEP A does not explicitly address the number of
votes necessary for the Citizens Advisory Committee of the OVRP to take action and therefore are now
proposing an amended OVRP JEPA that will address this; and
WHEREAS, this amended OVRP JEPA has been forwarded to the agencies for their approval,
and is attached hereto;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby adopt an amended Otay Valley Regional Park Joint Exercise of Powers Agreement (JEPA)
between the County of San Diego and the Cities of Chula Vista and San Diego changing the number of
votes necessary for the Citizens Advisory Committee of the Otay Valley Regional Park JEP A to take
action, a copy of which is attached hereto and incorporated herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute this amended OVRP JEP A for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Jim Sandoval
Director of Planning and Building
~a~
Ann Moore
City Attorney
5-3
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
TIIE CITY COUNCIL
~~
Ann Moore
City Attorney
Dated: al/5'/ot.,
( ,
Amended Agreement among the County of San Diego and the Citites of
Chula Vista and San Diego for the Otay Valley Regional Park
5-4
AMENDED
JOINT EXERCISE OF POWERS
AGREEMENT AMONG THE
COUNTY OF SAN DIEGO AND THE
CITIES OF CHULA VISTA AND
SAN DIEGO
FOR THE OTAY VALLEY
REGIONAL PARK
May 12,2005
THIS AGREEME?-IT, dated for convenience as of the
day of
2005
is entered into by the Cities of Chula Vista and San Diego, California Municipal Corporations,
and the County of San Diego, a political subdivision of the State of California, (hereinafter
referred to individually or collectively as Public Agency or Public Agencies).
RECITALS
WHEREAS, the Public Agencies are each empowered by law to acqUire and hold
property and to plan and design public facilities and appurtenances for park purposes; and
WHEREAS, the Public Agencies desire to coordinate acquisition, planning, and design of
the Otay Valley Regional Park (OVRP) for the benefit of their citizens and the public; and
WHEREAS, joint cooperation and participation among the Public Agencies will be
mutually beneficial and in the public interest; and
WHEREAS, the Public Agencies have acquired property for OVRP and wish to
coordinate the operation and maintenance of OVRP for the benefit of their citizens and others, by
jointly exercising their common powers in the manner set forth in this Agreement.
NOW, THEREFORE, the Public Agencies agree as follows:
SECTION 1. Rescind Original JEP A.
I
5-5
The Joint Exercise of Powers Agreement for the Planning and Acquisition for OVRP
dated January 30, 1990 is hereby rescinded and replaced in its entirety by this Agreement.
SECTION 2.
Purpose.
This Agreement is made pursuant to the provisions of Article I, Chapter 5, Division 7,
Title I of the Government Code of the State of California commencing with Section 6500,
(hereinafter referred to as the "Act") relating to the joint exercise of powers common to public
agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose
of this Agreement is to exercise such powers jointly by coordinating acquisition, planning,
design, operations and maintenance of the OVRP.
SECTION 3.
Term.
This Agreement shall become effective when executed by all parties and shall continue in
full force and effect for 25 years from the date hereof or until terminated by any of the agencies
upon 30 days written notice to the other agencies. At the expiration of the term provided for
herein, any money appropriated by the Public Agencies for the implementation of this
Agreement which has not been spent shall be returned to the parties in proportion to their
respective contributions.
SECTION 4.
Definitions.
Developed Recreation - Areas that have been altered to provide for active recreational use,
such as sports fields, turf areas, recreation centers, and paved parking.
Maintenance - The normal maintenance duties of an agency's ranger staff that includes, but not
limited to:
. Removal of litter and illegal dump sites;
. Installing and repairing fencing and gates;
2
5-6
Constructing and maintaining trails;
. Site remediation (i.e. erosion control);
Natural open space - Areas that are managed for habitat value and passive recreation, such as
trails and staging areas with interpretive facilities.
Operations - The normal operation duties of an agency's ranger staff that include:
. Developing and conducting nature walks and other interpretive programs on the natural
and historical features of the OVRP;
. Designing and preparing exhibits and information materials related to OVRP;
. Serving as liaison to other jurisdictional departments and agencies, community groups
and organizations, and the public regarding OVRP facilities, services and improvements;
. Patrolling roads and trails in OVRP to monitor park usage and to enforce park rules and
regulations;
Answering questions and explaining/enforcing OVRP policies and regulations, and
Issues;
Developing, coordinating and administering OVRP maintenance and security contracts;
. Assigning, training, and evaluating the work of contractors and volunteer OVRP staff;
Maintaining records of OVRP activities and preparing reports regarding OVRP;
. Providing first aid assistance;
Monitoring OVRP use by the public; and
. Preparing and monitoring an annual OVRP budget.
SECTION 5.
Boundaries.
The boundaries of the territory within which the Public Agencies shall exercise their
powers under this Agreement shall be the boundaries of the approved Concept Plan map as
3
5-7
adopted by the Public Agencies on May 23, 2001 (see Exhibit "A") except for the City of San
Diego reservoirs as depicted on Exhibit "A".
A depiction of the Concept Plan boundaries shall not be construed to affect the uses to
which any property may legally be devoted and is not intended to constitute an announcement of
the Public Agencies' intent to acquire, by purchase or condemnation, any particular parcel of
property located within said boundaries, but rather is intended to facilitate continued planning for
potential future park development.
SECTION 6.
Policy Committee.
A Policy Committee consisting of three elected representatives appointed respectively by
the San Diego County Board of Supervisors, the Chula Vista City Council and the San Diego
City Council shall, by unanimous vote, set the policies for the administration of this Agreement
including the resolution of any issues or disputes that have not been satisfactorily resolved
through coordination efforts described in Section 16 herein. The representative for the County of
San Diego shall be a member of and appointed by the County Board of Supervisors. The
representative from the City of Chula Vista shall be a member of and appointed by the City
Council. The representative from the City of San Diego shall be a member of and appointed by
the City Council. Appointment to the Policy Committee shall be for a term not to exceed the
appointee's current term in office. A quorum for the purposes of conducting business will
consist of two members of the Policy committee. In the absence of a quorum, a single member
present may move to adjourn.
The Policy committee may adopt bylaws, rules and regulations as required to conduct
meetings and business.
4
5-8
The Policy Committee shall conduct regular meetings at least annually and at such other
times as may be determined by the Committee or provided for in its bylaws.
The Policy Committee shall appoint a Citizen Advisory Committee and oversee its
activities. The Policy Committee may also appoint alternates for Citizen Advisory Committee
Representatives.
The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the
proceedings, noticing and general activities of the Policy Committee.
SECTION 7.
Citizen Advisory Committee.
The Citizen Advisory Committee shall consist of thirty members appointed by the Policy
Committee. The Citizen Advisory Committee shall select from its membership a chairperson
and a vice-chairperson. The Citizen Advisory Committee shall be comprised of members of the
community, members of community organizations, property owners and others interested in
OVRP as determined by the Policy Committee. The purpose of the Citizen Advisory Committee
is to advise the Policy Committee on matters on which the Policy Committee requests such
advice and to support agency staff in various park matters.
The Citizen Advisory Committee members shall serve at the pleasure of the Policy
Committee for a term to be set by the Policy Committee. A quorum for purposes of conducting
business shall consist of 12 committee members or alternates. A simple majority f:+1 of the H
'fflte5 members present shall be required to take action on an item.
In the absence of a quorum, a single member present may move to adjourn.
The Ralph M. Brown Act (Government Code Sections 54950-54963) shall govern the
proceedings, noticing and general activities of this Citizen Advisory Committee.
SECTION 8.
Administration.
5
5-9
This Agreement shall be administered by the Public Agencies. This Agreement shall be
administered on behalf of the County of San Diego by the Director of Parks and Recreation; on
behalf of the City of San Diego by the Director of Park and Recreation; and on behalf of the City
of Chula Vista by the City Manager or hislher designee per written designation.
The County of San Diego agrees to act as lead agency for purposes of scheduling
meetings, preparing agendas, recording minutes and maintaining records related to the planning,
design, operations and maintenance of the OVRP.
SECTION 9.
Privileges and Immunities.
All of the privileges and immunities from liability, exemptions from laws, ordinances and
rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any of the Public Agencies when performing their
respective functions within their territorial limits, shall apply to them to the same degree and
extent while engaged in the performance of any of their functions and duties extra-territorially
under this Agreement.
SECTION 10. Records and Accounts.
Each Public Agency shall be strictly accountable for all funds and shall report all
receipts and disbursements related to the acquisition of real property for OVRP and to the
operation and maintenance ofOVRP under this Agreement.
SECTION II. Title of Property.
All right, title and interest to the real property acquired for the OVRP shall belong to and
be vested in the Public Agency, i.e., the County of San Diego, the City of Chula Vista, or the
City of San Diego, that acquired the real property. Termination of this Agreement shall not
change the right, title, or interest of any real property comprising the OVRP. If the property is in
6
5-10
another jurisdiction, the Public Agency that acquired the real property may retain ownership of
the property or may transfer ownership to the jurisdiction in which the property is located if the
Public Agency in whose jurisdiction the property is located provides its written consent to the
transfer.
SECTION 12. Operations and Maintenance of the OVRP
A. At its cost, the City of San Diego shall operate and maintain the public lands
designated for natural open space purposes in Area "A" on Exhibit "A." The City of San Diego
shall maintain these lands in a good and sanitary order, condition and repair and in a manner
reasonably acceptable to the City of Chula Vista and County of San Diego. This obligation
applies irrespective of which Public Agency owns the public lands in Area "A," but the
obligation is subject to the availability of funds as determined by the San Diego City Council.
B. At its cost, the County of San Diego shall operate and maintain the public lands
designated for natural open space purposes in Areas "B" and "C" on Exhibit "A." The County
of San Diego shall maintain these lands in a good and sanitary order, condition and repair and in
a manner reasonably acceptable to the City of Chula Vista and City of San Diego. This
obligation applies irrespective of which Public Agency owns the public lands in Areas "B" and
"C," but the obligation is subject to the availability of funds as determined by the County of San
Diego Board of Supervisors.
C. At its sole cost, the City of San Diego shall operate and maintain for water
resources purposes (lake operations, water-related recreation, and watershed protection), all of
the land in Area "C" on Exhibit "A" that the City of San Diego owns. This obligation shall be
subject to the availability of funds as determined by the San Diego City Council.
7
5-11
.
D. The obligations of the City of San Diego and County of San Diego to operate and
maintain the natural open space property in Areas "A" and "B" on Exhibit "A" owned by the
City of Chula Vista in fee or through an easement restricting development are contingent on the
City of Chula Vista paying to the City and County of San Diego the funds reasonably necessary
for this purpose. However, the City of Chula Vista's obligation to pay the City and County of
San Diego is subject to the availability of funds as determined by the Chula Vista City Council.
E. The obligations specified above to operate and maintain the public lands
designated for natural open space purposes in Areas "A" and "B" on Exhibit "A" do not include
those responsibilities specified in the Multiple Species Conservation Program Subarea Plans, the
Otay Ranch Resource Management Plan or the Western Otay Valley Regional Park Natural
Resources Management Plan, unless otherwise agreed to under separate instrument.
F. The City of San Diego, the City ofChula Vista and the County of San Diego shall
each be solely responsible for operating and maintaining lands in OVRP that the respective
Public Agency acquires or acquired that is or will be developed for purposes of active recreation
(lands not designated for natural open space purposes).
G. Upon the approval of the owning Public Agency and approval by the Policy
Committee, a Public Agency shall have the right to enter said property for the purpose of
constructing open space amenities (i.e. trails, kiosks, signage, staging area).
SECTION 13. Defense and Indemnity
A. Claims Arising From Sole Acts or Omissions of County of San Diego.
The County of San Diego (County) hereby agrees to defend and indemnify the City of San
Diego and/or City of Chula Vista, and their respective agents, officers and employees, from
any claim, action or proceeding against the City of San Diego and/or City of Chula Vista,
8
5-12
aTlSlllg solely out of the acts or omissions of the County in the performance of this
Agreement. At its sole discretion, the City of San Diego and/or City of Chula Vista may
participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve the County of any obligation imposed by this Agreement. The
City of San Diego and/or City of Chula Vista shall promptly notify the County of any claim,
action or proceeding and cooperate fully in the defense.
B. Claims Arising From Sole Acts or Omissions of City of San Diego.
The City of San Diego hereby agrees to defend and indemnify the City of Chula Vista and/or
the County of San Diego, and their respective agents, officers and employees, from any
claim, action or proceeding against the City of Chula Vista and/or the County of San Diego,
arising solely out of the acts or omissions of the City of San Diego in the performance of this
Agreement. At its sole discretion, the City of Chula Vista and/or the County of San Diego
may participate at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve the City of San Diego of any obligation imposed by this
Agreement. The City of Chula Vista and/or the County of San Diego shall promptly notify
the City of San Diego of any claim, action or proceeding and cooperate fully in the defense.
C. Claims Arising From Sole Acts or Omissions of City of Chula Vista.
The City of Chula Vista hereby agrees to defend and indemnify the City of San Diego and/or
the County of San Diego, and their respective agents, officers and employees, from any
claim, action or proceeding against the City of San Diego and/or the County of San Diego,
arising solely out of the acts or omissions of the City of Chula Vista in the performance of
this Agreement. At its sole discretion, the City of San Diego and/or the County of San Diego
may participate at its own expense in the defense of any claim, action or proceeding, but such
9
5-13
participation shall not relieve City of Chula Vista of any obligation imposed by this
Agreement. The City of San Diego and/or the County of San Diego shall promptly notify the
City of Chula Vista of any claim, action or proceeding and cooperate fully in the defense.
D. Claims Arising From Concurrent Acts or Omissions.
The County of San Diego hereby agrees to defend itself, the City of San Diego hereby agrees
to defend itself and the City of Chula Vista hereby agrees to defend itself, from any claim,
action or proceeding arising out of the concurrent acts or omissions of the County of San
.
Diego, City of San Diego and/or City of Chula Vista. In such cases, County of San Diego,
City of San Diego and City of Chula Vista agree to retain their own legal counsel, bear their
own defense costs, and waive their right to seek reimbursement of such costs, except as
provided in subsection F below.
E. Joint Defense.
Notwithstanding subsection D above, in cases where the County of San Diego, City of San
Diego and/or City of Chula Vista agree in writing to a joint defense, the County of San
Diego, City of San Diego and/or City of Chula Vista may appoint joint defense counsel to
defend the claim, action or proceeding arising out of the concurrent acts or omissions of the
County of San Diego, City of San Diego and/or City of Chula Vista. Joint defense counsel
shall be selected by mutual agreement of the parties. The parties agree to share the costs of
such joint defense and any agreed settlement in equal amounts, except as provided in
subsection F below. The parties further agree that no party may bind the other party or
parties to a settlement agreement without the written consent of the other party or parties.
F. Reimbursement and/or Reallocation.
10
5-14
Where a final judgment of a court or an arbitration award allocates or determines the
comparative fault of the parties, the County of San Diego, City of San Diego and/or City of
Chula Vista may seek reimbursement and/or reallocation of defense costs, settlement
payments, judgments and awards, consistent with such comparative fault.
SECTION 14. Entrance on Premises
Each Public Agency reserves and shall always have the right to enter the land that it
owns irrespective of whether the land is in Area "A," "B" or "C" on Exhibit "A."
SECTION 15. OVRP Revenue
The Public Agencies agree that all revenues obtained rrom the operation and use of the
OVRP natural open space property shown in Areas "A","B" and "C" on Exhibit "A" shall be
collected by the Public Agency managing the lands and shall be used exclusively for OVRP
natural open space purposes as defined in Section 2. For lands shown in Exhibit "A", Area "C",
all water-related revenues will remain with the City of San Diego, but all natural open space
related revenues shall be collected by the County of San Diego Parks and Recreation Department
and used exclusively for OVRP natural open space purposes.
SECTION 16. Coordination of Operations and Budget.
On or before December 31 of each year, the Chief Administrative Officer of the County
of San Diego and the City Managers of the Cities of San Diego and Chula Vista, or their
designees, shall meet to review and resolve any issues or disputes regarding development,
operation and maintenance, and to determine an annual budget for the OVRP natural open space
lands, shown in Exhibit "A", that is equitable to each public agency and arrange for transfers of
funds as may be authorized by their respective agencies.
SECTION 17. Notices.
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5-15
Any notice or notices provided by this Agreement or required by law to be given
.
or served upon the Public Agencies may be given by depositing the same in the United States
mail, postage prepaid, addressed to the Director of Parks and Recreation, County of San Diego,
5201 Ruffin Road, Suite P, San Diego, CA 92123; Park and Recreation Director, City
Administration Building, 202 "C" Street, Ninth Floor, San Diego CA 92101; or City Manager,
City ofChula Vista at 276 4th Avenue, Chula Vista, CA 92010 or to such addresses as the Public
Agencies may subsequently specify in writing.
SECTION 18. Governing Law.
This Agreement shall in every respect be binding upon the parties hereto and their
respective successors and assigns. This Agreement shall be governed by the laws of the State of
California.
SECTION 19. Provisions Required by Law.
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced
as though it were included herein, and if for any reason any such provision is not inserted, or is
not correctly stated, then upon application of any party the Agreement shall forthwith be
physically amended to make such insertion or correction.
SECTION 20. Partial Invalidity.
If any provision of this Agreement or the application thereof to any person or
circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall be unaffected thereby and shall remain valid and be enforced to
the fullest extent pennitted by law.
12
5-16
SECTION 21. Execution.
This Agreement may be simultaneously executed in any number of counterparts, each of
which when so executed shall be deemed to be an original, but all together shall constitute but
one and the same Agreement. It is also understood and agreed that separate counterparts of this
Agreement may be separately executed by City of San Diego, City of Chula Vista, and County
of San Diego, all with the same full force and effect as though the same counterpart has been
executed simultaneously by each City and the County of San Diego.
SECTION 22. Termination.
The Agreement may be terminated upon written notice by any of the Public Agencies to
the other Public Agencies and shall be effective no less than 30 days after receipt, unless a
shorter time is agreed upon in writing by the Public Agencies.
SECTION 23. Entire Agreement.
This Agreement contains the entire understanding to the parties with respect to the
subj ect matter contained herein. All prior understandings and representations, written and oral,
are superseded by this Agreement. No term or provision hereof may be changed, waived,
discharged or terminated unless the same be in writing and signed by the parties to the
Agreement.
13
5-17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized, as of this date first written.
CITY OF CHULA VISTA
Mayor
ATTEST:
City Clerk
CITY OF SAN DIEGO
City Manager
ATTEST:
City Clerk
COUNTY OF SAN DIEGO
Recreation
By:
Clerk of the Board of Supervisors Director of Parks and
14
5-18
. '.
COUNCIL AGENDA STATEMENT
Item
Meeting Date
~
3/21/06
SUBMITTED BY:
Resolution declaring the City's intention to underground overhead
138 kV electrical transmission lines (Tie Line 13815) along the Chula Vista
Bayfront and supporting structures between Tower 189507 and Tower
188701, including Tower 188701, and setting a public hearing for the
formation of a Utility Underground District on Apri125, 2006 at 6:00 pm
Acting Director of Engineering +b-
CityManag~ y(~, pR
(4/5ths Vote: Yes _ NoX)
ITEM TITLE:
REVIEWED BY:
In order to proceed with the City's redevelopment of the Bayfront, the large 138 kV electrical
transmission lines currently located west of Bay Boulevard must be installed underground and the
towers require r=oval. Since SDG&E is planning to replace the electrical substation serving Chula
Vista and upgrade the transmission lines by June 2008, this would be an appropriate time to
underground the remaining 138 kV line using 20A funds. The terms for the performance of this
work were outlined in the Memorandum of Understanding between the City and SDG&E dated
October 12, 2004.
RECOMMENDATION: That Council approve the resolution declaring the City's intention to
underground overhead electrical transmission lines along the Bayfront and set a public hearing for
the formation of a Utility Underground District on April 25, 2006
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Chula Vista's energy franchise agreements with SDG&E expired on November 30,1997. The City
granted SDG&E five-year agreements on September 1,1998 and began formal negotiations for a
long-term agreement in July 2002. At the beginning of negotiations, Council directed staffto make
transmission line undergrounding a top priority and to target the Chula Vista Bayfront transmission
lines as the first objective. On October 12, 2004 Council approved a Memorandum of
Understanding (MOD) between the City and SDG&E which specifically outlines the process and
funding for undergrounding the Bayfront 138 kV transmission lines (see Attachment A). On
November 16, 2004, Council adopted Ordinances 2004-2987 and 2004-2988, which granted SDG&E
ten-year franchises for the transmission and distribution of electricity and natural gas, respectively,
within the City of Chula Vista. The franchises will be automatically extended for a new term of an
additiona120-years upon SDG&E's completion of all the requirements of the MOD.
SDG&E currently has three 138 kV transmission lines that run from the South Bay Power Plant at L
Street northerly past the Chula Vista boundary, which serve central and southern San Diego County.
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3/21/06
In order to provide increased system reliability, SDG&E proposes to replace the aging Main Street
substation in San Diego with a new 230/69 kV substation. As a part of this project, SDG&E will
replace two of the three existing 138 kV transmission lines with a single 230 kV line. SDG&E has
agreed to pay all costs associated with the removal of these two lines and the undergrounding of the
new line. The City has agreed to pay for the cost of under grounding of the remaining 138 kV line,
also known as Tie Line 13815, with its 20A funds. These funds are collected on the utility bills of
area residents and are generally distributed based on the amount of remaining overhead electrical
lines. SDG&E has agreed to provide an ongoing revenue stream of $2.0 million per year through the
duration of the agreement.
After construction of the new substation and transmission lines has been completed, SDG&E will
pay for the removal of the towers and portion of Tie Line 13815 located between Tower 189507 (at
SR-54 south of the Sweetwater River) and Tower 281763 (near Sierra Way) at the existing
substation. All work is to be completed before December 31, 2008. At a later date, the substation
will be relocated to the south in conjunction with the construction of the new electrical power plant,
which is anticipated for completion sometime between 20 II and 2015. The remaining portion of Tie
Line 13 815 will be undergrounded with 20A funds at that time. SDG&E will pay for the removal of
the other 138 kV circuit, supporting structures, and towers, including Tower 188701 (near Naples
Street), as well as any other costs involved in relocating the switchyard.
Although only the portion of Tie Line 13815 between Towers 189507 and 281763 will be
undergrounded by 2008, the entire area to be undergrounded per the MOU is included in the
underground district. This is to confirm the intent ofthe City to underground the 138 kV line down
to the new switchyard location. The remaining 69 kV lines will be considered for undergrounding
as Bayftont development progresses.
In the Staff Report on Utility Undergrounding Program Funding and Priorities (presented to Council
on November 22,2005) (see Attachment B), the cost to the City was estimated at $17.0 million for
the entire Bayftont undergrounding project. The current project estimate is $20.5 million. This
increase in cost should not affect the design and construction schedule for the Districts for Fourth
Avenue from L Street to Monserate Avenue and for L Street from Monserate Avenue to Nacion
Avenue, since the work on these districts will commence prior to completion of the Bayftont
District. Work on the remaining three districts on L Street and J Street may require postponement.
However, staff is currently working on an effort that includes presenting alternative funding sources
for utility undergrounding that would allow the Council the opportunity to consider options for
reworking the citywide undergrounding program.
Section 15.32.130 of the Chula Vista Municipal Code requires the Council to set a public hearing for
the establishment of a utility underground district in order to determine if the public health, safety or
general welfare will be served. Approval of this resolution will set a public hearing for the April 25,
2006 Council Meeting at 6:00 pm. Notice shall subsequently be sent to all affected persons and
concerned utility companies of the time and place of the hearing at least 15 days in advance. Since
only electrical transmission lines are involved, SDG&E is the only affected utility. The owners of
the parcels through which the utility trenching will occur will be notified. Conversion work on these
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Meeting Date
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3/21/06
properties will not need to be done, since there are no distribution lines serving the parcels. A map
of the undergrounding district is provided in Attachment C.
FISCAL IMPACT:
The current project estimate for the Bayfi-ont project is $20.5 million to underground the portion of
Tie Line 13815 between Tower 189507 (at SR-54) and Tower 281763 (the current switchyard). In
accordance with the MOU, the City will have set aside a total of approximately $9.7 million in 20A
funds for the Bayfi-ont undergrounding as of March 2008. The MOU provides for the City to borrow
ahead against 20A funds for the Bayfi-ont undergrounding. The City will need to exercise this
provision to complete the Bayfi-ont proj ect, borrowing approximately $10.8 million. Section lAD of
the MOU allows the City to borrow ahead a total of$15.0 million to complete the funding of the
undergrounding of Tie Line 13815, providing that the Franchises are in effect.
No General Fund monies will be used for the construction of this proj ect.
Attachments:
A. Memorandum of Understanding dated October 12, 2004 between City and SDG&E
B. Staff Report on Utility Undergrounding Program Funding and Priorities, dated November
22,2005
C. Bayfi-ont Undergrounding District Plat
J :lEngineerlAGENDA \CAS2006\03-21-06\Bayfiont Undergrounding_doc
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ATTACHMENT ~
MEMORANDUM OF UNDERSTANDING
BETWEEN
SAN DIEGO GAS & ELECTRIC COMPANY.AlIi"])
THE CITY OF CHULA VISTA
This Memorandum of Understanding ("MOU") is entered into this 1J...j/., day of
~ 2004, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a
California corporation C"SDG&E" or "the Company") and the CITY OF CHULA
VISTA, a chartered municipal corporation ("City"), hereinafter collectively referred to as
"the Parties," with regard to the following:
A. SDG&E currently provides the distribution and sale of natural gas and
electricity within the City's jurisdictional boundaries on a month to month basis pursuant
to the terms ofthe franchise entered into by the Parties and effective as of July I, 1998.
B. Pursuant to its rights as a charter city, the City formed its own municipal
utility. In the pursuit of its municipal utility goals, the City considered multiple concepts
including municipalization, a program to acquire newly constructed distribution facilities
known as "greenfield" installations, community choice aggregation, generation and other
energy project alternatives.
C. After lengthy negotiations, the City and SDG&E have agreed that it is in
the best interest of the Parties, the residents and businesses of the City of Chula Vista,
and utility ratepayers of SDG&E, for the City and SDG&E to enter into this MOD
providing for specific community-wide benefits and new gas and electricity franchise
agreements between the parties incorporating the following terms.
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-.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT TERMS
1.1 Cooperation: Both Parties recognize that the interests of the residents and businesses
of the City of Chula Vista are best served by a cooperative relationship between the City
and SDG&E.
In that regard, SDG&E commits to timely brief, in a reasonable time in advance,
the City staff on planned filings related to construction of faciJities within the City or as
to major rate changes at the California Public Utilities Commission ("CPUC") or other
public agency that may materially affect the residents and businesses oithe City and
agree to attempt to resolve any issues. The City commits to timely brief, in a reasonable
time in advance, and to work with SDG&E to resolve any issues, prior to making any
filings by the City to the CPUC or other public agency which may be considered adverse
to SDG&E.
1.2 Bayfront Undergrounding: A key objective of the City is to remove all above
ground electric lines and associated hardware as described herein and to underground
such lines and associated hardware in the area identified in paragraph L3 as the Bayfront.
The City and SDG&E have agreed to work in concert to achieve that result as set forth in
this MOU.
1.3 Bayfront Transmission Lines: SDG&E has filed an application with the CPUC for
a Certificate of Public Convenience and Necessity ("CPCN") for construction of a new
230kV line and associated hardware that runs from the proposed Otay Mesa power plant
through Chula Vista including, in part, the Bayfront (the "Project"). City recognizes the
significance of this Project to SDG&E and will coordinate meetings with the CPUC staff
and commissioners. SDG&E and City will cooperatively work to achieve the objective of
undergrounding the 230kV line including cables, splices, conduits, vaults, and any
associated hardware ("230 kV Line") identified on the map that is attached hereto as
Attachment A that were originally identified in the CPCN application to be above ground
("Alternative") at the location co=encing south of the Sweetwater River at
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approximately Tower 189507 south to approximately Tower 188701 where there will be
the addition of two single pole structures located approximately at Towers 188701 and
18700 and a cable pole located adjacent just north of Tower 88701. The designated area
shown from Towers 189507 to approximately 188701 shall hereinafter be referred to as
the "Bayfront". The City and SDG&E will actively support the Alternative in the
pending environmental and regulatory review process for the Proj ect. The City and
SDG&E will support the Project as modified by the Alternative and will mutually
continue efforts at the CPUC to provide justification for the Alternative and detailing the
special circumstances that exist to reinforce the joint position on said Alternative. At this
time, SDG&E has no plans for a 500 kV project along the Bayfront. In the event at some
time during the term of this MOU additional transmission or distribution lines are needed
along the Bayfront, SDG&E agrees it will file for such lines to be undergrounded as a
preferred alternative and work cooperatively with the City to maintain this area as an
underground district.
I.3.A Upon the FERC, ISO, and CPUC's approval, as necessary, acceptable to
SDG&E, to proceed with the construction of the Project with the Alternative, the 230 kV
Line would be placed underground in conjunction with its construction, currently
scheduled to begin July 2005 and be completed by June 2007, dependent on the timing of
CPUC approval and other required permits. Approval shall be deemed acceptable to
SDG&E provided that it is not materia1ly different from the application (submitted and as
may be revised by SDG&E and as may be modified by the Alternative), not materially
detrimental to SDG&E, and the cost of said Project will be fully collected in rates. This
undergrounding construction, currently estimated to cost approximately $31 to $36
million, would be done and paid for by SDG&E consistent with its rules and regulations
for electric transmission construction.
I.3.B. The City agrees that it will work cooperatively to minimize costs and
expedite the construction of the Alternative, ongoing maintenance, 20A projects, new
service extensions, and other SDG&E utility projects that are consistent with City
policies, including expeditious processing of all permits necessary for SDG&E's design,
construction and maintenance of the facilities associated with the construction of the 230
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kV Line including the undergrounding, consistent with all laws and regulations
appJicable to the Project. Consistent with all laws and regulations, the City will also
expeditiously process any coastal development permits and timely provide any applicable
exemptions necessary for the construction of the Project including the Alternative. The
City will assist SDG&E in meeting all requirements so that City may timely issue permits
consistent with all applicable laws and regulations. Both Parties agree to cooperate to the
fullest extent possible to obtain additional easements that may be needed as a result of
this undergrounding and reduce the costs for undergrounding or removal of all facilities
described herein. The Parties understand that the schedules set forth in this MOD are
estimates only and dependent on the timely issuance of all required federal, state, and
local regulatory approvals, permits, and authorizations.
1.4 Existing 138 kV Transmission: There are currently three 138 kV circuits, cables,
splices, conduit, vaults and associated hardware ("138 kV circuit") from the South Bay
switchyard proceeding north overhead along the Bayfront. In addition, two of the existing
138 kV circuits continue to proceed south of the switchyard then east through Chula
Vista. The City has a primary objective to underground the currently existing, north and
south, 138 kV circuits as described below and to eliminate the associated bridge
structures and associated hardware. The Parties agree to work in concert as described
herein to achieve such goal.
I.4.A. There are three required conditions for undergrounding or removal of all
of the existing 138kV circuits. First, the proposed 230 kV Line along Chula Vista's
Bayfront must be approved by the CPUC and undergrounded. Second, the Main Street
substation or "suitable alternative location in San Diego" must be upgraded as set forth in
Section I.4.B to a 230kV facility ("Upgrade"). Finally, the City designates 20A funds for
the undergrounding of one of the three 138kV circuits, described herein as Tie Line
13815 (Tie Line 13815 consists of the 138 kV Transmission lines). In addition, with
respect to the undergrounding of the 13 8 k V circuits from Tower 281763 and south to
Towers 188700 or 188701, as described in Attachment A, is conditioned upon the
removal or relocation of switchyard as set forth in 17 below.
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L4.B. SDG&E will file all needed application with the CPUC and other
applicable regulatory agencies (except the City of San Diego Coastal Permit which will
be applied for by SDG&E within one month of receiving CPUC approval of said
application and other permits needed during construction). by March 31, 2005 for the
Upgrade and the removal of the two 138 kV circuits and associated bridge structures
along the Bayfront from Tower 189507 to Tower 281763. After having received all
necessary FERC. CPUC and ISO approvals acceptable to SDG&E. the Main Street
substation will be upgraded and/or moved. Approval shall be deemed acceptable to
SDG&E provided that it is not materially different from the application (submitted and as
may be revised by SDG&E), not materially detrimental to SDG&E, and the cost of said
Upgrade will be fully collected in rates. As a result of the upgrade, SDG&E will remove
two 138 kV circuits and underground 138 kV circuit Tie Line 13815 on the Bayfront
from Tower 189507 to Tower 281763 provided City has timely designated the use of20
A funds to accomplish the undergrounding of Tie Line 13815 prior to the Upgrade.
SDG&E has agreed that as a part of the upgrade to the Main Street substation, the
associated two 138KV circuits will be removed and the cost of removal will be borne by
SDG&E.
I.4.C The cost to underground Tie Line 13815 on the Bayfront from Tower
189507 to Tower 188701 is currently estimated to cost $14 million (in 2004 dollars). The
City will pay the actual cost for undergrounding Tie Line 13815 utilizing its 20A funds or
any other alternative funding the City may have.
r-
lAD In order to fund the undergrounding of Tie Line 13815, the Parties agree
that the City will reserve and designate its entire unspent 20A allocation, estimated to be
, ._-15 million, for the funding of the-undergt'9unding for Tie Line 13815. The City will
designate' and dedicate one half of its $2 million annual allocation ($1 million annually)
, from 2004 through 2013 as additional initial funding for undergrounding Tie Line 13815.
L.-----
The undergrounding is scheduled to occur prior to 2013 however, the City may borrow
ahead for up to the entire $10 million previously described to fund Tie Line 13815. If
this amount is still not sufficient and the Franchises are in effect, the City will be
permitted to borrow forward additional 20A funds of $1 million annually if necessary to
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complete the funding of the undergrounding of Tie Line 13815 not to exceed $5 million
("Supplemental Borrowed 20A Funding").
1.5 Supporting Structures: The estimated target date for the removal of the two 138
kV circuits and supporting steel lattice bridge structures, high voltage insulators,
overhead conductors and all associated hardware ("Supporting Structures") north of
Tower 281763 shall be by or before the end of 2008 conditioned upon the following: (1)
the City has authorized the use of available 20A funds for the undergrounding of Tie Line
138 I 5, (2) the 230kV Line has been energized, (3) the Main Street substation or
alternative site has been upgraded to 230kV, and (4) Tie Line 13815 has been
undergrounded north of Tower 281763 in accordance with Section lA.B. SDG&E will
remove the Supporting Structures that supported those 138kV lines at its sole cost. The
cost of this removal to SDG&E is currently estimated to be $5 million.
1.6 Existing 69 kV Transmission: There are also 69 kV circuits on wooden poles along
the Chula Vista Bayfront. The City can fund the undergrounding of these lines with any
of its 20A allocations not committed to Tie Line 13815, or any other alternative funding
the City may have. Any advances for 20A funds (not including the Supplemental
Borrowed 20A funding) in excess of the amount needed to fund the undergrounding of
Tie Line 13815, can also be used for undergrounding these facilities. The Parties agree to
work cooperatively, consistent with the overall objectives of the City, to remove such
poles at the earliest time practicable.
l.7 Switchyard: In the event the Project has been constructed, the Main Street
Substation has been Upgraded to 230 kV, and the South Bay Power Plant can be and is
retired, replaced, or relocated such that the facility cannot be returned to service without
new authorization from any and all required authorities, and all necessary SDG&E Board
and FERC, CPUC and California Independent System Operator(CallSO) approvals
acceptable to SDG&E are acquired for the relocation of the switchyard, SDG&E will
relocate the switch yard at no cost to the City provided that the City provides, at no cost to
SDG&E, adequate land for the new switchyard in an acceptable location and land rights
as defined below to SDG&E to interconnect with its electric system. The approvals
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acquired for the relocation of the switchyard shall be deemed acceptable to SDG&E
provided that it is not materially different from the switch yard relocation application
(submitted and as may be revised by SDG&E), not materially detrimental to SDG&E,
and the cost of said relocation will be fully collected in rates. SDG&E will consider the
following factors in determining an acceptable location: (I) The new location must have
permanent easement and the same entitlements as are currently held by SDG& E for the
existing switch yard or an alternative acceptable to SDG&E. (2) Such a new Switchyard
would be located at an alternative location on Chula Vista's Bayfront, west of 1-5,
adjacent to existing right of way and on land that is environmentally clean and
seismically acceptable, or, if circumstances warrant, at such location as the parties may
mutually select. (3) The footprint for a new Switchyard would be at least 450 x 650 feet
depending on the connections. The cost to SDG&E is currently estimated to be
approximately $50 million. Upon relocation of the Switchyard and pursuant to sections
1.4A and lAC, the 138 kV circuit located from Tower 281763 to approximately Tower
188701 will be undergrounded once the City has designated the 20A funds or other
alternative funding the City may have (with Tower 188700 remaining above ground).
SDG&E will work with the City to minimize overhead structures once the location of the
new Switchyard is determined. SDG&E will include the removal of the other 138 kV
circuit and the Supporting Structures, including Tower 188701, with its application for
the relocation of the Switchyard. This removal of said 138 kV, Supporting Structures,
and Tower 18870 I will be done and paid for by SDG&E consistent with its rules and
regulations. The City will timely process all necessary City permits and support SDG&E
in its applications to accomplish this construction, consistent with all laws and
regulations applicable to SDG&E and the City.
1.8 Nonperformance: It is recognized by both Parties that completion of key objectives
is crucial to this MOD. However, timely performance by SDG&E is, in part, outside of
its control.
L8.A. In the event that the City has fulfilled its obligations hereunder, and
through no other fault of the City, the Parties are unsuccessful in achieving removal
and/or undergrounding of the 230kV and 138kV lines along the Bayfront as determined
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by a CPUC fInal decision, SDG&E agrees the City has not achieved its primary benefit
hereunder. At such time as the CPUC has denied the actions requested in Sections 1.3,
1.4, and 1.5, and a period of sixty (60) months from March 31, 2005 has passed, section
1.8.B as to the statutory franchise fee amount (immediately following) and the obligation
of the City to refrain from Distribution Services set forth in section 1.l4.A will be waived
by SDG&E. The occurrence of any such waiver does not terminate the grant of
franchise.
I.8.B. To the extent that SDG&E no longer provides exclusive energy utility
distribution and transmission services in the City, as defIned above, it has not achieved
one of its primary benefIts hereunder. To the extent that this situation occurs, the Parties
agree that the compensation under the franchise agreements will be revised to provide
that concurrent with such event for the remainder of the te= the City will be paid the
statutory franchise fee amounts payable to general law cities under the California Public
Utilities Code and standard Tariff Rule 20A allocations.
1.9. Community Choice Aggregation: SDG&E will cooperate with the City's efforts
to participate in Community Choice Aggregation as it is implemented by the CPUc.
Once the regulatory rules have been established, and all legal appeals of SDG&E have
been exhausted, SDG&E will comply with the rules and regulations implementing such
CPUC orders and state law.
LID. Industrial Development Revenue Bonds: For the term of the MOU, SDG&E
grants to City an exclusive right to be the issuer of SDG&E's Industrial Development
Bonds ("IDB") issues and refmancings on the following conditions:
a) The processing of IDB issues and refInancings are completed in a
timely manner.; and
b) Chula Vista's issuance charge is no more than 35 basis points (in
addition to Chula Vista's administrative costs related to bond issuance,
such costs are limited to the CITY's actual costs directly related to the
processing of the bond issuance); and
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c) Chula Vista charges no annual fee or costs; and
d) Chula Vista's Bond Counsel indicates that Chula Vista's involvement
with respect to each issue or refinancing is permissible under the then
current tax laws and this it is not necessary to obtain a Superior Court
judgment in a validation action.
The City and SDG&E must follow a reasonable schedule of activities in order to
enable SDG&E to obtain available allocation of state ceiling on qualified private
activity bonds or to close transactions in a timely fashion that does not
detrimentally impact the ability to obtain such funding by SDG&E on a timely
basis or the rates available, to be mutually developed by SDG&E and the City,
including timely submission of the California Debt Limit Allocation Committee
("CDLAC") applications, approvals of City Council resolutions, and execution of
bond documents. Additionally the City will not have approval authority over, or
be able to designate capital projects associated with such financings.
Nothwithstanding the forgoing, SDG&E will provide the City with a list of the
designated capital projects associated with said financing. In the event the City
procedures as implemented do not provide SDG&E the ability to get the funding
in a timely manner as set forth herein, SDG&E may use an alternate issuer.
1.11. City Permitting and Review: On the effective date of the MOU, SDG&E will
pay the City a one-time fee, in an amount of $250,000, for development of standardized
and expedited permit processes and requirements for utility projects and maintenance
work consistent with CPUC regulation and generally accepted industry standards.
SDG&E and the City will develop a standards manual to address the issues herein and
will be completed within 120 days of the effective date of this MOU. The City and
SDG&E commit to work together to streamline and expedite City permitting and
processes for 20A and other utility work, including construction of new service
infrastructure and maintenance on existing infrastructure, to minimize costs and
maximize benefits to the Parties.
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.
1.12. Substation Beautification and Western Chula Vista Parks: SDG&E will
provide $105,000 of services to beautify electric substations within the City. SDG&E will
provide to the City an additional $375,000 in services performed by SDG&E which are
acceptable to the City for use of transmission rights of way as park space in western
Chula Vista, consistent with and that would not interfere with operation, practices, and
service ofthe utility.
1.13. Public Purpose and Other Program Funding: The Parties recognize that
SDG&E collects certain amounts generally referred to as "Public Purpose Program"
("PPP") funds from each ratepayer. In order to maximize the effectiveness of partnering
between the City and SDG&E in this area, SDG&E and the City will do the following:
I.I3.A. Public Purpose Funding - Energy Efficiency: Contingent on SDG&E
obtaining the necessary funding and associated approvals from the CPUC, including
SDG&E's administration of these programs in Chula Vista, SDG&E commits to develop
a portfolio of program activities including PPPs to benefit the City and its resident~ by an
estimated range of two million dollars ($2,000,000) per year over a five year period (for a
total of ten million dollars), the specific annual expenditures being dependent upon a
number of factors which include, but are not limited to: the inventory of qualified
project~ within the City; the success of the cooperative efforts of the Parties to identify
and pursue qualified projects; the ability to gain verifiable energy savings; and the actions
of the CPUC. Contingent on SDG&E obtaining the necessary funding and associated
approvals from the CPUC, SDG&E agrees to cooperatively work with the City to
continue such Public Purpose Programs for the life of the Franchise.
L13.B. New Funding Opportunities: SDG&E will consult with City at the
earliest reasonable opportunity, with respect to the programs, events and services to be
implemented within the City, including, but not limited to, residential and commercial
new construction project design assistance and incentives, commercial and industrial
programs, demand reduction, residential rebates, marketing and outreach, technical
assistance, and sustainable communities. Further, SDG&E agrees to work with the City
on the creation of new energy efficiency programming to benefit its citizens, which
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programs would be submitted for CPUC consideration and approval throughout the
franchise term.
I. 13.C. The City will support, consistent with City guidelines and policies,
SDG&E at the CPUC and other agencies in SDG&E's efforts to retain and promote
energy efficiency programs and SDG&E will support and encourage the City's
development of such programs.
I.14. Franchise Agreements: As a condition precedent to the other terms of this
MOU, the parties will finalize and have in effect a new gas utility franchise agreement
and a new electricity utility franchise agreement ("Franchises") approved by the City
Council and SDG&E Board of Directors including the following terms:
I. 14.A. Grant: The City will grant franchises for gas and electric service to
SDG&E and will commit that the City will not participate in the provision of electric or
natural gas Distribution Services by itself or others within its jurisdictional boundaries for
the term of the franchises. For the purposes of this MOU "Distribution Services" shall
mean the ownership and/or operation by the City itself, or with or by any third party, of
any facilities, including pipes, wires, and electric and gas utility plant and related services
for the transmission or distribution delivery of electricity or natural gas to consumers
within the boundaries of the City of Chu1a Vista. Excluded from this definitiorr is the
performance by the City of Chula Vista of (1) those rights and duties specific to
community choice aggregation or other sale of power or natural gas commodity to
consumers, within or outside CITY limits if authorized and as approved and implemented
by the CPUC, if such is required or (ii) generation of electric power.
I.14.B. Term: The primary term of the Franchises shall be ten (10) years
commencing on the fust day of the month following final City Council approval and the
City's fulfillment of all City charter requirements. If all the obligations of SDG&E are
materially satisfied within such term, SDG&E shall receive an automatic extension of the
Franchises of twenty (20) years from the expiration of the primary term under all then
existing terms and conditions.
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LI4.C. Franchise Fees: The electric franchise fee will increase frem the current
1.1 percent to 1.25 percent of the gross annual electricity receipts within the City, or the
statutory maximum for general law cities if higher. The gas franchise fee will be 2.0
percent of the gross annual gas receipts within the City, or the statutory maximum for
general law cities if higher. If a statutory rate for general law cities becomes effective,
the franchise fee increase to the City will become effective at such time as SDG&E is
able to collect the increased amount in rates.
I.14.D. Undergrounding Allocation: SDG&E will provide a 20A allocation to
the City, from total funds authorized by the CPUC, of $2 million per calendar year
commencing as of January 1,2004 and continuing for the term of the electric franchise.
LIS. MOU Term: The effective date of this MOU shall be the effective date of the
Franchises. The term of this MOU shall be the same term as the Franchises.
I.16 Facilities Placement: SDG&E and City shall cooperate to minimize costs and as
to the placement of any current or future transmission line construction and, any
necessary underground vaults/conduits, including but not limited to, designing such
vaults/conduits to accommodate potential additional circuits and units. SDG&E retains
the right to place its facilities to operate its electric system.
.
General Provisions
II.! No Reliance: The Parties represent and warrant that they have read all of this
MOU and fully understand same, that they have had an opportunity to consult legal
counsel, and that they are relying solely upon their own judgment and/or the advice of
their own counsel in entering into this MOU, and that no promise, inducement,
representation or agreement not contained herein has been made to them by any person.
The Parties understand that SDG&E is a regulated public utility and is bound by the rules
and regulations of the CPUC, and other agencies having jurisdiction, as they may be
amended or changed from time to time. Notwithstanding the above, nothing in this MOU
shall be construed to prevent the exercise of all rights by either Party, including
6-15
12
participation in regulatory, regional or any public forum, unless specifically provided
herein.
II.2 Binding: This MOD shall be binding upon, shall inure to the benefit of, and shall
be enforceable by, the Parties and their respective legal representatives, successors-in-
interest and assigns. Notwithstanding the foregoing, the Parties understand and agree that
this MOD must be approved by the City Council before it can be binding on the City and
by the SDG&E Board of Directors. The Parties agree to negotiate in good faith on such
additional terms and provisions as may be necessary and desirable to achieve the
objectives outlined in this MOD.
II.3 Authorization: Those persons executing this MOD warrant and represent that
they are authorized to execute this MOD on behalf of their respective entities.
IIA Amendment: No amendment or modification of this MOD shall be valid unless
in writing and signed by the Parties. This MOD shall be construed in accordance with
the laws of the State of California.
II.5 Counterparts: This MOD may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
II.6 Captions: Captions in this MOD are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this MOD or any of its terms.
II.7 Recitals, Exhibits: A1:J.y recitals set forth above and any attached exhibits and
Diagrams are incorporated by reference into this MOD.
II.S Delay: City and SDG&E understand that the scheduled dates herein are target
dates that may be delayed in the event that regulatory decisions and necessary permits are
not timely issued. In addition, delay may be a result of the inability or failure to obtain
the appropriate environmental clearances within the time lines set forth herein, or labor
disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, litigation,
inability to obtain labor or materials or reasonable substitutes for either, fire, unusual
6-16
13
delay in transportation. adverse weather conditions not normally anticipated in projects of
this type. or other casualties beyond the reasonable control of the Parties.
IN WITNESS WHEREOF, the Parties have executed this MOV by their duly
authorized representatives as of the date first written above.
CITY OF CHULA VISTA, a chartered
SAN DIEGO GAS & ELECTRIC
.
. COMPANY. a California corporation
Stephen C. Padilla
Mayor, City of Chula Vista
BY.~~
Title: ~\__" /C.L 1".-#1,',(,.....+) ~I-f"..",.
(\(..!...j..'",,",\ -=f c.t..,...~l- F.'..,-c.X(
" fh'c...- .
Attest:
-=- "'''11 /u.J ~ 1f 0 r...
Susan Bigelow, City Clerk
)
.
6~()..{~
Ann Moore. City Attorney
J:Atromeyl AgreeIFINAL - SDGE MOV 10 08 04
6-17
14
ATTACHMENT ---Ii
COUNCIL AGENDA STATEME?-tT
Item
Meeting Date
/3
11/22105
ITEM TITLE:
Staff Report on Utility Undergrounding Program Funding and Priorities
City Engineer ~ .
City Manager 11 ~ PK
(415ths Vote: Yes _No...K)
SUBMITTED BY:
REVIEWED BY:
In August 2005 an Information Item was presented to Council regarding the City's Utility
Undergrounding Program. This it= discussed the estimated costs for the Undergrounding Districts
that have not yet been constructed and the ramifications of expediting the design and construction of
L Street from Monserate Avenue to Nacion Avenue. This report provides more details on said
proj ect and the overall City Utility Undergrounding Program. Staff has subsequently met with
representatives of the property owners in the L Street Undergrounding District, as well as the utility
companies and is presenting the following report outlining currently projected schedules and costs
involved for the recommended alternative.
RECOMMENDATIONS: That Council accept the staff report.
BOARDSI COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Back~round
The City's policy regarding the undergrounding of utilities is addressed in Chapter 15.32 of the
Municipal Code. All new developments in the City must have underground utilities, which shall
include electrical. communications and cable television services. Such utilities can be
undergrounded in existing areas with overhead utilities through formation of Utility Undergrounding
Districts. A public hearing is held for all property owners within the boundary of the proposed
district, which is then formed through the adoption of a Council resolution. San Diego Gas &
Electric (SDG&E) generally takes the lead in the design and construction of under grounding projects
in developed areas, although SBC, Cox Communications and other cable companies are also
involved. Actual design and construction activity is subjectto SDG&E staffing and scheduling. The
funding and execution of such Undergrounding Districts must comply with Rule 20 of the California
Public Utilities Commission. R1lle 20A provides for the undergrounding of existing overhead
electrical facilities at SDG&E's expense where both the City and SDG&E agree that it is in the
general public interest. Rule 20B provides for the undergrounding of existing electrical facilities at
the expense of either a group of property owners or a municipality.
Under!<round Conversion Pro \<ram
The City's Utility Underground Conversion Program was instituted in 1968. The Council approved
subsequent Utility Undergrounding Programs in 1979, 1984 and 1991. Streets were selected for the
, 3-1
6-18
-- --.
Page 2, Item /3
Meeting Date . 11/22/05
Undergrounding Program in accordance with the City's rating system, which was originally
approved by Council in November 1972 and revised in July 1979 (Attachment A). The streets in the
1991 program included F ourth Avenue, E Street, F Street, Palomar Street, Broadway, Main S treet, L-
Street, Otay Lakes Road and J Street. An update to the Undcrgrounding Program was included as an
Attachment to Ordinance 2746, which was adopted on September 15, 1998 (Attachment B). This
did not revise the City's list of priorities, but presented a schedule for the completion of the priority
projects. Since that date, the City has added one undergrounding project at Council's request,
Q1,Iintard Street from Third Avenue to Orange Avenue. This District was fonned in Nov=bcr 2002
and construction has since been completed.
--
The district formation process has been completed for all15 projects included on the 1998 list
(Attachment B) and construction has been completed on 9. As noted above, one additional proj ect
was completed at Council's request, bringing the totals to 16 identified projects, 10 completed to
date. Target project dates shown in the 1998 list have been modified through the years due to
competing priorities and in consideration of available funding. The following table reflects the
proj eats remaining from the 1998 list that have been officially established as Utility Undergrounding
Districts by Council with the most recent estimated construction dates and costs. Note that the three J
Street projects have been combined into two larger projects.
r~~:::'c;'~::":;:~"~~'~r:~;.f~ -':;-i:"~~:~~~~:?~~;"'"~',~;;- ~'1:~~:;'--."-,:."I:i2'I:'~?~..-"~'~~-:::-:;'"j
.,;1",,1-. '''''1.~~11-'''''''''- )~',." -",~ ~;it.;:;'''' -o.y ,rj!,,-"Y', ~-<j -.1.-_-- ,-',~,- ~_C"'M'..." ~ -"-c::;"'-" _ J .,J Ii ("v.,,( , _,.j.. '1:'_ _1 "11.1.)' I.~J ~:...
~~::fu""\?---\2]! -; (:'2:, ,,1 ~~;c:? ~0~:." '-~ -,\:~~~~':-L; :<~~~" _~ ?1'2.,~.t.- -;-"~-i.~?iE ~-~ ~~t Jo;: 'f;' :;'.i:::::;:..<:~ ,t~t;~$:~~.f~!;~J:::~'1'-:,- ~~G2{
'" ':~'::J"" .~;.c::,~.o;--f.,-"~~~JT&;;'~'-\.'~"~~A"""~~i"'''''\-';: '.!:':-~~'",,1.C;'j~:t. "I'l"~l,J8J..~~ -;;:F!,o; ~.~:::.-;.....:-::-_.....~
~ __J_ -~~ \.""" "" '-"'_,""'" ""'---. "'~. ~~~_ ..,;,_. _t~~.n ,~~,,,,,_~ ,..""-='""
Fourth Avenue from L Street to Oran!1;e Avenue 2007 $2,967,000
L Street from Monserate Avenue to Nacion Avenue 2007' $1,654,000
(includes Nolan Wav)
L Street from Broadway to Third Avenue 2013 $2,009,000
J Street from Broadwav to Hilltop Drive 2014 $2,038,259
J Street from Hilltop Drive to Lori Lane 2015 $1,553,320
Total Estimated Cost 12005 Dollars) $10,221,579
.
The Fourth Avenue Undergrounding District construction is currently in progress. This project is
being done in conjunction with STL-291, Fourth Avenue Sidewalk Improvements between L Street
and Orange Avenue. SDG&E has completed the initial design for this project, and the 30 percent
design has been provided to the utility companies for co=ents. The construction of this proj ect is
scheduled for completion by mid-2007.
In addition to citywide undergrounding proj ects, the City entered into a Memorandum of
Understanding (MOU) with SDG&E on October 12, 2004 that included agreements regarding the
undergrounding of the Bayfront 138KV transmission lines. On November 9,2004 Council approved
two new ten-year franchise agreements with SDG&E for the provision of gas and electrical service.
Both the MOU and the electrical franchise agreement affinned the importance of undergrounding
said transmission lines along the Bayfront as a major utility priority of the City. In the MOU, the
I Although all constructien work is scbeduled fer completion by the end ef2007. fimmng will not be deducted from
the 20A fimds until 2008 as sbewn en Attachment'C. .
13-2
6-19
Page 3, Item I )
Meeting Date 11/22/05
City agreed to designate its entire unspent 20A allocation for Bayfront undergrounding, i:o. addition to
half its $2 million annual allocation from 2004 to 2013. Approximately $6.7 million out of the
City's allocation balance of$8.7 million (as ofMarch31, 2005) is set-aside for the BayfrontProject.
It is cUIT"Iltly estimated that the total Proj ect cost will be approximately $17 million. As further
discussed in the MOD, the City may borrow ahead a maximum of$lO million (5-year allocatioI1)
interest-free to finmce the Bayftont Undergrounding Project. Due to the structure of the MOU, the
Bayfront proj ect is tracked separately from citywide projects. Attachment C provides a detailed
breakdown oithe funding projections.
Current Issues and Recommended Action Plan
Residents within the boundary of the proposed district on L Street ttom Monserate to Nadon have
requested that the City expedite the undergrounding of their utilities. Staffhas investigated several
options and reco=ends that the next two Undergrounding Districts be completed in the following
order to fulfill commitments made to residents:
1. Complete the construction of the Fourth Avenue Undergrounding District
2. Design/construct L Street District from Mons~te Avenue to Nacion AV"llue
This reco=ended action plan would expedite construction of the L Street District between
Monserate Avenue and Nacion Avenue without disrupting the construction of the Fourth Avenue
Project and disappointing the property owners along Fourth A venue who have already been notified
of the construction schedule for this project. It is important to note that this L Street project also
includes Nolan Way. The schedule for each project is dependent on SDG&E's workload and the
amount of 20A funds that are available each year. After discussions with SDG&E and the other
utilities representatives, staff concluded that the L Street District, between Monserate and Nadon
Avenues can be designed in 2006 and completed in 2007. Two representatives of the property
owners participated in said discussions with SDG&E and concurred with the reco=ended schedule.
Next Steps
Staff has met with a group of property owners ttom Alpine md Minot Avenues who hAve requested
thatthcir streets be included on a priority list for utility undergrounding. It does not appear that their.
neighborhood would have a high ranking based on the City's existing criteria and the Rule 20A
regulations, which give priority to streets with heavy volumes of traffic , a heavy concentration of
overhead electrical facilities or location in civic or recreational areas. Staff is currently working
with these property owners in an attempt to address their main concern, which involves pavement
rehabilitation.
However, given this neighborhood request, continuing competing priorities and the fact that the
prOject pnonty list has not been updated since 1998, it is reco=ended that staffretum to Council in
2006 so that Council can have the opportunity to:
1. Consider the current big picture regarding remaining overhead utilities;
2. Discuss funding options;
3. Revisit the rating criteria in consideration of current Council priorities; and,
13-3
6-20
PIlge 4, Item /3
Meeting DIlte 11/22/05
4. Create an updated citywide priority list for utility undergrounding projects.
FISCAL IMPACT:
Selection of the reco=ended action plaILwill not have any fiscal imp'lCt on the City.
.
Attachments:
A. Rating System for Undergrounding of Utilities
B. Utility Undergroundillg Table illcluded as part of Ordinance 2746
C. Utility Undergrounding Program Funding Projections
.
J:\EnginccMGENDAICAS2005\11-22-0SIUtiltty UndcrgroundmglUtility Undcrgroundmg RcportDGC
.
13-4
6-21
---
ATrACHMENT A
June 20, 1979
~
Sheet 1 of 3 Sheets
RATING SYSTEM FOR uNDERGROUNDING OF UTIIlTIES
TRANSM+SSION AND DISTRIBUTION FACIT.lTIES PROJECTS
A. EXPOSURE
1. Tnffic
Assign one point for ~ery 2,000 ADT. Use estimated post-coDmuction ADT
for projects under construction, or financed and scheduled for construction within
two years.
MAXIMUM POINT VALUE - J5..p0ints
~
2.
,Entrance to City
~
Assign 5 points for segment approximately one-quarter mile in length and
terminating at a freeway interchange (either existing or under cqnstruction).
FIXED POINT VALUE - 5 points
(Total Al plus A2 = a maximum of 20 points)
B. AES l.t:iliUC BENEFIT
1. Assign a maximum of 10 points on \he basis of the ~a1uating group'sp:rc:ption
of the BE."IEFIT of undergrounding the segment. The paints are to be assigned
based on a comparative evaluation of the characteristics of the segment. Factors
to be considered include but are not limited to:
a. Number of .signs
b. Width of Street
c. Number of Poles, height &. diameter
d. Number of Crossarms
e. Number of Circuits
f. Height and Location of Existing Buildings (setbacks)
g. Character of adjacent ProPerties (residential, co=ercial, etc.)
h. P~ce of Street Trees
MAXIMtJM POINT Y ALUE - 10 points
(continued on next page)
13-5
6-22
PAGE 2
2. Parks and Public Buildings
Assign points dependent upon size, aesthetic value, and location of park or public
building relative to project area (Note: Normal points for principal park or
building frontage, 3 points; Side exposure, 1 pcint).
MAmruM POINT VALUE - 5 points
(Tot!I I!em Bl plus Item B2 - Maximum 15 points)
C. RELATIONSHIP TO APPROVED 'ONDERGROUNDING DISTRIcr/PREVIOUSLY
UNDERGROUNDED FACIUI'IES
.
.
.
4.
1.
Assign 5 points to the project if it extends either an appIOVCd undergrounding
district or a previously undergrounded facility.
FIXED POmT VALUE - 5 points
2.
Assign 10 points to the project if it is a closing link between any comb.iJJation of
approved UI1dergrounding district(s) andlor previously undergrounded facilities.
FIXED POmT VALUE - 10 points
3.
'.\'here the proposed project intersects either an approved undergrounding district
or a previously undergrounded facility, assign one point to each leg (whether to
the right or to the left).
MAXIMUM POm! VALUE - 4 points
Assign a maximum of 5 points to' the proj ect if there is either an approved
undcrgrounding district, or previously undcrgroundcd facilities exist along one
side of the subject street segment.
,
,
MAXIMUM POINT VALUE - 5 points
(Total Item Cl plus Item C2 plus Item C3 plus Item C4 = a maximum 12 points)
D. ASSOCIATED CONSTRUCI10N
Assign 15 points to a street se~t sched1.t1cd for widening during the cment or next
fiscal year. '
FIXED POINT VALUE - 15 points
(continued on =t page)
'3-6
6-23
PAGE 3
E. PROPERTY OWNER FUNDING .
Assign a. maximum of 10 pojnu wh= property owners fonna.1ly ~ to finance a
sigtrliicant share of undcrgrounding the distribution and/or transmission facilities.
MAXIMUM POINT VALUE - 10 points
~
SJ!/ A-l13SItJNDRG1tND.SMN
lO!S91
,
,
13-7
6-24
Ordinance 2746
Page 10
ATTACHMENT
CITY OF CHULA VISTA
UTILITY UNDER GROUNDING PROGRAM
UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999:
STREET LIMITS DISTRICT NUMBER
"e" Street Broadway to Tovon Lane 123
Ma;n. Street Industrial S.oulavard to Third Avenue 126
Otay Lakes Road Ridgeback tl:l Apache DrivlI 129
Palomar Street [ 5 to Industrial Saulevard 127
FUTURE UTILITY UNOERGROUNOING PROJECTS TO BE COMPLETED IN 2000:
.
STREET LIMITS ESTIMA TED COST
Broadway "C. Street to "e" $treet $513,000
Fourth Avenul!I "H" Street to "L" Str.et $ 1,000,000
Orange Avenue Palomar Street to Fourth Avenue $440,000
TOTAL $ 1 ,953,000
FUTURE UTILITY UNOERGROUNOING PROJECTS TO BE COMPLETEO IN 2001:
STREET LIMITS ESTIMA1'ED COST
Otay le.kes Road Boni'tll Road to Camino Dei Cerra Grande $2,250,000
FUTURE UTILITY UNOERGROUNOING PROJECTS TO BE COMPLETED IN 2002:
.
STREET LIMITS ESTIMATED COST
Fourth Avenue "L" Str811t to Orange Av.nue $ 1,150,000
"L" Street Monurate AvenuII to N2Icion Avenue $340,000
"L" Street Broadway to Third Avenue $ 700,000
TOTAL $2,190,000
FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003:
STREET LIMITS ESTIMATED COST
Otay Lakes ROild Camino Del Cerra Gnmde to RidQ'ebscK Road $-2,100,000
.
TOTAL $2,100,000
FUTUi'lE UTILITY UNOERGROUNDING PROJECTS TO BE COMPLETED IN 2004:
STREET UMITS ESTIMA TED COST
. J" Street East of Broadway to Third Avenue 1700,000
"J- Street East of N2Icion Avenue to West of Lori Lane ; 290,000
.. J" Street Third Av"nue to First Avenue $475,000
TOTAL 51,465,000
13-8
6-25
8
ATTACHMENT C
UTILITY UNDERGROUNDING PROGRAM
FUNDING PROJECTIONS
FUND ALLOCATION SUMMARY FOR BAYFRONT UNDERGROUNDING
'$~' :-"';".;'~"':"'''':'''..?~:;:' .~. ,~..~~.,~:'.:'::,,-(:~..:. '1~ ;!:,: .. h'"
;i\7i:..;,.:",~"=!.&:f;I-;,:m"'~'~~~'\'J':.~..:.;::.,~._,-,....:, ...., '.
~..;.;i:r.'.uwtiiC-' ~';.:t:- "f".' . . ""'" ~ ." ."'", '';'''\
'.~'+,:>':;"""'~' ';J. - ....,~.:o'~~~<w....._.., .
~:~jt",-~~i..':"",~,:,,~::.;.~ :; ;/:.~.~~!.'-'~:.ll;....7'.... ;:i-~-:',:,,'
,. . "'Ii:' .;~filib~",
'" ...~.,,-, 4' ~~ ~~~~'::.~~
' ' ,~ ;;"i"<.,.,,;'f'l(~i
.. ....., , <ii'.~..'~.IIf~.". '.....~~
Unspent 20A Allocation 12/03
$4,737,049
$4,737,049
Allocation 2004.2007
2004-2007
$4,000,000
$8,737,049
Bayfront Undergrounding
2008
$1,000,000
$17,000,000 ($7,262,951).
Allocation 2009.2012
. TotM., ',':; ..
$737,049
,..... .". :.'
. This funding needs will be met through the borrow-forward provision in the MOU. It is anticipated
that the total amount borrowed in 2008 will be repaid by 2012, leaving approximately $737,049 for
allocation to citywide utility undergr'ounding projects.
FUND ALLOCATION SUMMARY FOR CITYWIDE PROJECTS
bescrlptl!'1\ . Allocatfoo .. 'F\;ind :'PrQ"tCost' Ren'i~nJrig'
. tl!!Q si
. '. . Alidcaifon ... 2005$
Year- FlUIds
. .
Allocation 2004-2006 $3,000,000 $3,000,00
Fou~Fi Ave. from \:, St, to. Orange 2001 $1 ,OQd;OOO' $?~e7,OQO $1.0~3,OOO
AV~
L St. from MonSerate Ave to Nadon ..
(in!:h,ldes NoI~ WaY!.' . 2008 $.1,QoQ~QQO $.,~4.0Q0 $379,QOO,
L St. from Broadway to Third Ave. 2013 $2,737,049 $2,009,000 $1,107,049
J St. from Broadway to Third Ave. 2014 $2,000,000 $2,038,259 $1,068,790
J St. from Hilltop Drive to Third Ave. 2015 $2,000,000 $1,553,320 $1,515,470
Total $11 737.!l49 $10221.579
J:\EngineeMGENCA\CAS200S\ 1'-0' -Q5\Utillly UndergroundlngWlachment C_rev.doc
13-9
6-26
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD 138KV
ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA VISTA
BAYFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND
TOWER 188701, INCLUDING TOWER 188701, AND SETTING A PUBLIC HEARING
FOR THE FORMATION OF A UTILITY UNDERGROUNDING DISTRICT
ON APRIL 25, 2006 AT 6:00 PM
WHEREAS, on October 12, 2004 Council approved a Memorandum of Understanding
between the City and San Diego Gas and Electric Company (SDG&E) providing for specific
benefits to be included under the forthcoming Franchise agreements, and;
WHEREAS, on November 16, 2006 Council adopted Ordinances 2004-2987 and 2004-
2988, which granted SDG&E ten-year franchises for the transmission and distribution of electricity
and natural gas, respectively, within the City of Chula Vista. These franchises shall be
automatically extended for a new term of an additional 20 years upon SDG&E's completion of all
the requirements of the MOU, and;
WHEREAS, the MOU states that a key objective of the City is to remove overhead electric
transmission lines and towers along the. Bayfront between the City's northerly border and the
electrical substation adjacent to the Duke Energy Power Plant, and;
WHEREAS, the MOU also provided that the City would pay for the undergrounding of one
138 kV electrical line (Tie Line 13815) and that SDG&E would pay for the removal of the other
existing 138 kV lines, the undergrounding of a new 230kV line, and the removal of all structures
along the tie line, and;
WHEREAS, SDG&E plans to complete undergrounding all 138 kV and 230 kV
transmission lines between Tower 189507 (at the Sweetwater River) and Tower 281763 (at the
existing electrical substation) before December 31, 2008, but that the eventual intent is to also
underground the remaining 138 kV line down to the relocated substation at Tower 188701, and;
WHEREAS, in accordance with Section 15.32.130 of the Chula Vista Municipal Code,
Council is required to set a public hearing for the establishment of a Utility Underground District in
order to determine if the public health, safety or general welfare will be served;
NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista does
hereby declare its intent to underground overhead 138kV electrical transmission lines (Tie Line
13815) along the Chula Vista Bayfront and supporting structures between Towerl89507 and Tower
188701, including Tower 188701, and set a public hearing for the formation of a Utility
Underground District on April 25, 2006 at 6:00 pm.
6-30
Resolution No. 2006-
Page 2
Presented by
Approved as to form by
~tL/~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
H:\AttorneyIFinal Resosl200613 21 06\Bayfront Under grounding Notice of Intent.doc
6-31
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item '7
Meeting Date 3/21/06
Resolution Approving the Final Map of Sunbow Villas,
Chula Vista Tract No. 05-03 and the Associated Supplemental
Subdivision Improvement Agreement.
Acting Director of Engineering,\tr
City Manager 0 (4/SthsVote: Yes_ No.x....J
ITEM TITLE:
REVIEWED BY:
On March 1, 2005 Council approved a Tentative Subdivision Map for Sunbow Villas, a
project consisting of a condominium conversion of202 multi-family units. Tonight's action
per Government Code Section 66474.1 will allow the Final Map to record, converting the
existing apartments into condominiums.
RECOMMENDATION: That Council adopt the resolution.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Chula Vista Tract No. 5-03, Sunbow Villas, is a 202 unit condominium project on 12.46
acres located in Rancho Del Sur Phase 1, Unit 1, in Sunbow, located at the northeast comer
of the intersection of Medical Center Drive and East Naples Street. All discretionary action
was taken with the approval of the Tentative Map for the project on March 1, 2005 by
Resolution No. 2005-067. Government Code Section 66474.1 states: "A legislative body
shall not deny approval ofafinal or parcel map ifit has previously approved a tentative map
for the proposed subdivision and if it finds that the final map or parcel map is in substantial
compliance with the previously approved tentative map."
Tenant Notifications & Relocation Assistance: Under State law, condominium
conversions require notifications to tenants at several stages during the mapping process. In
conformance with State law, two of the required notices were given prior to the public
hearings on the tentative map, and more have been, or will be, given before the tenants must
vacate a unit and that unit is sold. The City received several complaints from current tenants
who believed that they were not being treated fairly by the Developer, Pacifica Sunbow LP,
during the condominium conversion process. One complaint concerned the Developer
evicting tenants before proper notification had been provided (i.e., 180 days before the
requirement to leave). Once staff was made aware of this issue, the Developer was directed
to cease evicting tenants until proper noticing had occurred and the Developer complied.
Based upon documentary evidence provided by the Developer, staff now believes that all
notifications required to this point have been properly served. The requirement for any
7-1
Page 2, Item
Meeting Date 3/21/06
remaInIng notices IS included In the associated Supplemental Subdivision Improvement
Agreement.
The Tentative Map application was filed by another company, CBRE, who offered a tenant
assistance program as part of the tentative map application (see attached letter dated February
2, 2005). That program was included in the conditions of approval for this map. Another
complaint that staff received from the tenants was that the current Developer, Pacifica
S11llbow LP, was not abiding by the approved assistance program. Specifically, the tenants
complained that Developer established an arbitrary date in June for existing tenants to be
eligible to receive a $1,000 relocation payment.
Staff reviewed the original assistance letter with the Developer and it was noted that there
were some ambiguities in the proposed program. For example, the letter offered the
relocation assistance to "eligible tenants in good standing" but did not define what that term
meant. It also did not specify when the relocation would be paid. Staff advised the applicant
that all tenants as of the tentative map approval date (March 1, 2005) were considered
eligible and should have received the assistance. The Developer therefore agreed to provide
the relocation assistance five days before the tenant move out date, and to make a concerted
effort to locate and pay those tenants who had already left without receiving payment. The
Developer has provided additional information documenting the steps they have taken 1) to
provide relocation assistance and purchasing assistance to current tenants, and 2) to find and
notifY those tenants that have since left of the availability of assistance that was mistakenly
not provided at the time of their departure (see attached letter and table dated February 1,
2006). Over 75 checks have been sent to those departed tenants by Pacifica.
Given the confusion and concerns created by the Developer during the Final Map preparation
period, Planning staff and the Developer organized an informational meeting with the
remaining tenants on January 12, 2006 (see attached meeting agenda). This was one of three
tenant meetings the Developer scheduled to make sure the remaining tenants were fully
aware of the noticing requirements involved with this condominium conversion process and
the assistance the Developer was offering. Some of the tenants were still concerned about
the conversion of the apartment complex and felt the Developer should provide more
assistance than is offered. Staff explained that the City of Chula Vista does not currently
have an ordinance mandating relocation assistance and that amending the ordinance will
likely be included as a goal within the upcoming Housing Element Update.
Recent Tenant Discussions
Discussions with tenants in the last week have been memorialized in changes to the
Supplemental Subdivision Improvement Agreement to the satisfaction of all parties
concerned. These are:
· The cutoff date for relocation assistance payments has been moved back three months
to the date the tentative map was approved (from June 23, 2005 to March 1, 2005).
· The City will serve as a third party holder of relocation assistance funds that have not
been received by tenants to date.
The Developer has agreed to the terms and has also agreed to make specified further efforts
to track down tenants who did not receive their checks. This will be done via a newspaper ad
7-2-.
Page 3, Item 7
Meeting Date 3/21/06
and by purchasing forwarding addresses and searching phone books. The Developer will
also send a letter to all remaining tenants explaining that they will receive their $1000
relocation assistance from the City acting as a trustee for the Developer's funds and full
security deposit back from Pacifica via certified mail. The Developer will provide a copy of
the certified mail receipt to the City.
These stipulations have resolved the tenants concerns. The Finance Department has establish
a deposit account for the relocation funds received from the Developer. Notices of
termination submitted by tenants will be transmitted to the City immediately upon receipt by
the Property Manager, at which time Finance staff will be authorized to process the
relocation assistance payments to the tenants. All tenants who vacated their unit after March
2, 2005, are eligible for relocation assistance, minus any delinquent payments as of the date
of their move-out, which will be determined by the Property Manager.
Although the Developer made some errors in noticing and assisting tenants since the
tentative map approval in March 2005, staff believes that those mistakes have now been
rectified and that the Final Map can be approved by Council subject to the remaining
conditions in the Supplemental Subdivision Improvement Agreement.
Final Map: The Final Map was reviewed by the City Engineer and the Director of Planning
and found to be in substantial conformance with the Subdivision Manual and the approved
Tentative Map. The Developer, Pacifica Sunbow LP, has paid all applicable fees associated
with the filing of a final map.
In addition to Final Map approval, staff recommends that Council approve the associated
Supplemental and Supplemental Subdivision Improvement Agreement which addresses
several unfulfilled conditions of the Tentative Map approved by Resolution No. 2005-067
and the Zoning Administrators Notice of Decision DRC 05-04. These conditions will remain
in effect until satisfied by the Developer and/or their successors(s). Some provisions of the
Agreement shall remain in effect in perpetuity to be satisfied by the project's Homeowner
Association under the terms of the approved Covenants, Codes and Conditions.
FISCAL IMP ACT: There is no impact to the General Fund. Any funds paid out to the
tenants will be funded through the developer deposit account as established by Pacifica
Sunbow LP. The Developer has paid all fees and other costs associated with the proposed
Final Map and Agreement.
Attachments:
Attachment I: Plat of Chula Vista Tract 05-03, Sunbow Villas
Attachment 2: Developer's Disclosure Statement
Attachment 3: Developer's Letter & Table Dated February I, 2006
Attachment 4: Agenda for January 12 Tenant Meeting
Attachment 5: CBRE Letter dated February 2, 2005
Exhibit A: Supplemental Subdivision Improvement Agreement
File No. EY-428
J:\EngineerIAGENDA ICAS2006103-2I-06IAII3 for Sunbow VIO.doc
7-3
ATTACHMENT
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San Diego Land Surveying
& Engineering, Inc.,
9665 Chesapeake Dr., Suite 445
San Diego, CA 92123
(858 )565-8362
).
ATTACHMENT ~
City ofChula 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 subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
..PClritiru Sln1\:JOw Lv
.
() \) p., \)~ F, irl.Mti IJ. \ \ (\'/~ &'\wv 1\ -Ii; LP.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation / partnership) entity.
PI1C" Sllr'\~{ \(1(/.
IIC\7"R.n b-J YVl i I Y 1( 1.\" 1- c.\".j,. A MI1.\.l 3, '2 W2.
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.
Jj"np,
-
4. Please identify every person, including any agents, employees, consultants, or independent
contractors ~ou have assigned to represent you before the City in this matter.
r~Pi\(';nvJrr rJ\i,,-:r;(Yl Ne~\
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract with the past 12 months? Yes _ No V
7-5
_l
City ofChula Vista Disclosure Statement
If yes, briefly describe the nature of the financial interest the official * * may have in this contract.
NU
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No v 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? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No v
If Yes, which official** and what was the nature of item provided?
~/1
Date: 6-5-00'
Signature of Contractor/Applicant
ShClLlnVl rn'by\
Print or type name of Contractor/Applicant
*
Person is defmed as: any individual, fum, co-partnership, j oint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of combination acting as a
unit.
*
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
7-6
~
Suribaw
VI LLAS
MITAa-tMENT 3
February 1, 2006
RELOCATION BENEFITS
LEITER
Mr. John Schmitz
Principal Planner
City of Chula Vista
Planning and Bunding Department
276 Fourth Avenue
Chula Vista, CA 91910
Re: Sunbow Villas (Relocation Assistance)
750 E. Naples Court
Chula Vista, CA 91911
Dear John,
Sunbow's Relocation Assistance ($1,000) has been sent to 110 tenants to date which indudes past
tenants. In addition, we are in the process of cutting more checks as tenants tum in their notices to
vacate.
We'd like to propose the fonowing Relocation Assistance Guidelines for Sunbow Vinas:
1. All tenants who signed a lease on or befare June 23, 2005 and vacated after June 23, 2005 will
receive Relocation Assistance in the amount of $1,000 (one thousand' dollars) per unit regardless
of their standing.
2. Relocation Assistance check will be made available flVll days prior to tenant's move-out date. To
ensure a timely issuance of check tenants should turn in their notice to vacate to Luisa Uberto,
Property Manager, with their move-out date and phone number.
'3. Aft tenants purchasing their unit and transferred to another unit (depending on availability) due to
the renovation of the unit to be purchaSed will be issued a relocation check far $1,000 (one
thousand dollars) per unit in addition to the $3,000 (three thousand dollars) crediltowards the unit
they purchase.
All tenants that are current in paying their rent will receive their security deposit back in fuR.
With your blessing we would like to send the attached letter tilled '$unbow Relocation Guidelines for
Tenants" to the tenantS infanning them of what has been recapped In this letter.
We appreciate your consideratIon on this matter. If you have any questions, please feel free to contact
me at 619.754.3503 or 619.296.9000 x235
~-t:-
Christie Po
Regiona,l Supervisor
cc: Deepak Israni
7-7
+
Surihow
VILLAS
PROPOSED TENANT
LETTER
February 1, 2006
Tenant Name(s)
Address
City State Zip
Dear Resident(s):
In response to your numerous inquiries regarding relocation assistance, we're providing the following
guidelines to help answer any questions you might still have.
Sunbow Relocation Assistance Guidelines:
. All tenants who signed a lease on or before June 23, 2005 and vacated after June 23, 2005 wm
receive Relocation Assistance in the amount of $1 ,000 (one thousand dollars) per unit regardless
of their standing.
. Relocation Assistance check will be made available five days prior to tenanfs move-out date. To
ensure a timely check is issued, tenants should tum in their notice to vacate to Luisa Liberto,
Property Manager, with their move-out date and their phone number.
. All tenants purchasing their unit and transferred to another unit (depending on availability) due to
the renovation of the unit to be purchased wiil be issued a relocation check for $1,000 (one
thol.lsand dollars) per unit in addition to the $3,000 (three thousand dollars) credit towards the unit
they purchase.
In addition, all tenants that are current in paying their rent wiil receive their security deposit back in full.
Please feel free to contact, Luisa Liberto, Property Manager, at 619.482.7284 if you have any further
questions.
Sincerely,
Christie Po
Regional Supervisor
7-8
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ATIACHMENT-.:L
· . Planning & Building
Department
0lY OF
CHUlA VlSrA
.................
January 12,2006
Sunbow Villas Condo Conversion - Tenant MeetinQ AQenda
7:00 PM, Sunbow Villas Community Room
1. Introduction by City of Chula Vista
A. Introduction of City Staff
B. Tentative Map requirements
-Conditions of approval
C. Applicant Obligations
-Tentative Map
-Subdivision Map Act
D. Final Map Process
2. Pacifica Companies Presentation
A. Tenant Relocation Assistance information
B. Update on construction
C. Contact information for City of Chula Vista Community Development
Department 619.585.5722 for information on affordable housing
and first-time homebuyer programs .
D. Contact information for Sunbow - Luisa Liberto, Property Mgr.
619.482.7284
3. Questions and Answers
7-15
CBRE
ATTACHMENT 5--
CB RICHARD ELLIS
Jim Neil
4365 Executive Drive
Suite 900
San Diego, CA 92121-2127
CB Richard Ellis, Inc.
Brokerage Services
B5B 646 47B5 Tel
B5B 546 39B5 Fax
jirn.neil@cbre.com
www.cbre.com
February 2, 2005
CITY OF CHULA VISTA
Planning & Development Department
Alln: Richard E. Zumwalt, Associate Planner
276 Fourth Avenue
Chula Vista, CA 91910
Re: Sunbow Villas - 750 E. Naples
Harne Buyer and Relocation Assistance
Dear Richard:
The following is a summary of the tenant benefits that we intend to offer the residents of
Sun bow Villas.
1. All eligible tenants in good standing will receive $1,006 to be used for relocation and
moving expenses.
2. All eligible tenants in good standing will receive their full security deposit back.
3. In the event that a tenant does purchase their unit, they will receive a $3,000. credit
towards the purchase of their unit.
Homebuver Assistance
We intend to provide the tenants with valuable information about the process of buying and
financing a condominium, so that they can become homeowners. In the past, we have
teamed up with Community HousingWorks, a local nan-profit organization that helps first-
time homebuyers to access special loan and grant programs available through the state and
local government. Through their Home Ownership Center they can also help residents with
budgeting and credit repair. We intend to sponsor on and off-site seminars for the residents.
Tenant Relocation Assistance
If a tenant is unable or does not wish to purchase their unit, they will still receive $1,000
for relocatian and moving assistance, and will receive their full security deposit back.
Additionally, we will provide the referrallisl of affordoble housing that is generated by the
Community Development department.
If you have any questions, please feel free to contad me at 858-646-4785.
Sincerely,
CB Richard Ellis, Inc.
jG)W
Jim Neil
7-16
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03 AND THE ASSOCIATED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT.
WHEREAS, the developer, Pacifica Sunbow, LP, a California Limited Partnership, has
submitted a final map for Sunbow Villas; Chula Vista Tract No. 05-03; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement for installing facilities associated with the projects; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 05-03, Sunbow Villas and
more particularly described as follows:
Lot 1 ofChula Vista Tract No. 87-8 Rancho Del Sur Phase 1 Unit 1, in the City ofChula
Vista, County of San Diego, State of California, According to Map thereof No.12060,
filed in the Office of the County Recorder of San Diego County on May 2, 1998.
Area: 12.4590 Acres
Numbered Lots: 1
No. of Lots: 1
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk, is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City ofChula Vista.
,
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
oore
Attorney
7-17
THE A TT ACHED 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
Li'/.~-~~ ~
Ann Moore
City Attorney
Dated: oJ / 17/ '0 /.;
I t
Supplemental Subdivision Improvement Agreement between the City of
Chula Vista and Pacifica Sunbow, LP, by Pac Sunbow, Inc. for
Sunbow Villas Condominium Conversion
7-18
RECORDING REQUEST BY:
City Clerk
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WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SUNBOW VILLAS CONDOMINUIM CONVERSION
(Conditions: 1,2,4,5,6,7,9,10, 12, 13, 14, 15, 17, 18, 19,21,25,26,27, B, and C (T.M.
Exhibit E) of Resolution No. 2005-067)
This Subdivision Agreement ("Agreement") is made this_day of , 2006, by and
between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the
signators of this Agreement, Pacifica Sunbow LP, a California Limited Partnership, by Pac Sunbow
Inc., a California Corporation ("Developers"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is within approved Tentative Subdivision Map Chula Vista Tract No. 05-03, and for the
purpose of general description herein consists of 12.46 acres located at 750 East Naples Court
("Project Site"). The Property is part of Sun bow II, Chula Vista Tract No. 05-03, a master planned
development. For purposes of this Agreement the term "project" shall also mean "Property".
7-19
B. Developer applied to the City of Chula Vista Planning Commission for consideration of a
Tentative Map of the Property and obtained recommendation for processing PCS 05-03 to subdivide
the Property into a one-lot condominium with 202 units on February 9, 2005.
C. The City Council of the City of Chula Vista approved a Tentative Subdivision Map and
established conditions of approval for the Project on March I, 2005 by Resolution 2005-067
("Resolution").
D. The City of Chula Zoning Administrator approved the application to approve exterior
modifications to the structures located on the Property, and issued Notice of Decision DRC-05-04
(Exhibit B "Notice of Decision") on June 6 of2005.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as Sunbow Villas located at 750 East Naples as being in
substantial conformance with the Tentative Subdivision Map described in this Agreement.
F. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
I. For the purposes of this Agreement, "Final Map" means the fmal map for
Sunbow Villas.
2. "Owner or Developer" means the person, persons or entity having a legal or
an equitable interest in the property or parts thereof and includes Owner's
successors-in-interest and its assignees of any property within the boundaries
of the map. This includes Pac Sunbow Inc. a California Corporation, and any
and all owners of real property within the boundaries of the Property.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden ofthe covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
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right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Assignment to Homeowner Association. If Developer
assigns any portion of the Project to a Homeowner Association ("HOA"), Developer may request to
be released from Developer's obligations under this Agreement, that are expressly assumed by the
HOA. Developer must obtain the written consent of the City to such release. Such assignment to the
HOA shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a
covenant running with the land. The City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of the Agreement runs with the land,
assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction
of the City, its ability to perform its obligations under this Agreement as it relates to the portion of
the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will not be completed or satisfied as intended by the conditions contained herein.
1. Condition No. 1 - (General Preliminary). In satisfaction of Condition No. 1 of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of
the Developer as to any or all of the Property.
2. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply, remain in compliance and implement, the terms, conditions
and provisions, as are applicable to the property which is the subject matter of this Tentative
Subdivision Map, including: conditions of approval, Exhibit "C"- property condition assessment
report, housing inspection requirements, as recommended for approval by the City Council on March
1,2005, and DRC 05-04 as approved by the Zoning Administrator on June 6, 2005. The Applicant
shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision
Improvement Agreement) with the City, providing the City with such security (including recordation
of covenants running with the land) and implementation procedures as the City may require to ensure
compliance with the above regulatory documents. Said Agreement shall also ensure that, after
approval of the final map, the Applicant and hislher successors in interest will continue to comply,
remain in compliance, and implement such Plans.
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3. Condition No. 4 (tenants notification). In satisfaction of Condition No. 4 of the
Resolution, Developer agrees to comply with all applicable noticing requirements in California
Government Code section 66427. The Developer further agrees that, after the following City of
Chula Vista notices have been completed, to subrnit evidence that noticing forms have been
delivered to the existing and prospective tenants, to the satisfaction of the Director of Planning and
Building:
a. 10-dayNotice to all existing tenants of Final Map approval- "Form D".
b. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Form E",
4. Condition No.5 (Housing Code). In satisfaction of Condition No.5 of the Resolution, the
Developer agrees to remain in compliance with the California Health and Safety Code and Uniform
Housing Code to the satisfaction of the Director of Planning and Building.
5. Condition No.6 (Fire Protection). In satisfaction of Condition No.6 of the Resolution,
the Developer agrees that prior to fmal inspection of any condominium unit in a detached structure
containing multiple condominium units, provide in that structure type 2A-l OBC fire extinguishers
every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula
Vista Fire Department.
6. Condition No.7 (Fire Code). In satisfaction of Condition No.7 of the Resolution, the
Developer shall submit plans and information to the satisfaction of the Fire Marshall demonstrating
that the proposed condominium units meet current California Fire Code, including but not limited to
fire access, water supply, sprinkler systems, and fire alarms.
7. Condition No. 9- (Underground Utilities). In satisfaction of Condition No.9 of the
Resolution, Developer agrees that all existing utilities serving the subject property and existing
utilities located within or adjacent to and serving the subject property shall be placed underground in
accordance with the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject
property shall be placed underground prior to the issuance of building permits.
8. Condition No. 10 - (City Attorney Agreements). In satisfaction of Condition No. 10 of
the Resolution, the Developer agrees that any and all agreements that the Applicant is required to
enter into hereunder shall be in a form approved by the City Attorney.
9. Condition No. 12 - (Recycling and Solid Waste Management Plan). In satisfaction of
Condition No. 12 of the Resolution, Developer agrees to comply with requirements of the approved
"Sunbow Villas Recycling and Solid Waste Management Plan" to the satisfaction of the City's
Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply
with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State
mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial
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and industrial developments. The applicant shall contract with the City's franchise hauler throughout
the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure
re-design required for compliance with the City's NPDES permit.
10. Condition No. 13- (Storage Agreement). In satisfaction of Condition No. 13 of the
Resolution, Developer agrees to construct the storage areas in compliance with the Revised Storage
Analysis dated January 25,2006.
11. Condition No. 14- (Private Drainage Facilities). In satisfaction of Condition No. 14 of
the Resolution, Developer agrees that all onsite drainage facilities shall be private.
12. Condition No. 15- (Installation of Water Treatment Units). In satisfaction of Condition
No. 15 of the Resolution, within 180 of the approval of the final map for this project, Developer
agrees to complete the installation of all water treatment units as described in the approved Water
Quality Technical Report dated January 6, 2006, and as bonded by the amount described in Exhibit
D.
13. Condition No. 17 - (NPDES Compliance). In satisfaction of Condition No. 17, the
Developer agrees that within six months after the approval date of the final map to fully complete the
installation of NPDES best management practices ("BMPs") requirements to reduce the amount of
pollutants entering the City's storm water conveyance system which shall include but not limited to
the installation of96 feet of8" PVC storm drain pipe, 24 feet of trench drain 12" wide, ten parking
area fossil filter inserts, one curb inlet insert, one Dual Vortex Hydrodynamic Separator 48", one
Dual Vortex Hydrodynamic Separator 72", five pet waste stations, reproofing of eight trash
enclosure, in addition the Developer shall complete the following:
a. The Developer shall erect signs near storm drain inlets and public access point along
channels and creeks; shall install efficient irrigation systems and landscape design; shall
employ integrated pest management principles; and shall create and implement
inspection and maintenance programs for the storm water treatment control BMPs and
the private sewer lines.
b. Developer shall provide storm drain system stenciling and signage; more specifically:
1. Developer shall provide and maintain stenciling or labeling near all storm
drain inlets and catch basins.
11. Developer shall post and maintain City-approved signs with language and/or
graphical icons that prohibit illegal dumping at public access points along
channels and creeks.
c. Developer shall install and use efficient irrigation systems and landscape design; more
specifically:
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1. Developer shall employ rain shutoff devices to prevent irrigation after
precipitation and shall adjust irrigation systems to each landscape area's
specific water requirements.
ii Developer shall use flow reducers or shutoff valves triggered by a pressure
drop to control water loss in the event of broken sprinkler heads or lines.
111. Developer shall employ other comparable, equally effective, methods to
reduce irrigation water runoff.
d. Developer shall employ integrated pest management principles. More specifically, the
Developer shall eliminate and/or reduce the need for pesticide use by implementing
Integrated Pest Management (!PM), including: (I) planting pest-resistant or well-
adapted plant varieties such as native plants; (2) discouraging pests in the landscaping
design; (3) distributing !PM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of buildings
and landscaping using barriers, screens, and caulking; physical pest elimination
techniques, such as, weeding, squashing, trapping, washing, or pruning out pests;
relying on natural enemies to eat pests; and, proper use of pesticides as a last line of
defense.
e. Developer shall educate the Homeowners Association, through Property Management,
during the regular Homeowners Association meetings, and shall inform residents during
the condo purchasing process about the City's non-storm water and pollutant discharge
prohibitions. This goal can be achieved by distributing informative brochures (some
available free from the City of Chula Vista) to new home buyers and dedicating sections
of newsletters to storm water quality issues, as applicable.
14. Condition No. 18- (Private Sewer System). In satisfaction of Condition No. 18 of the
Resolution, Developer agrees that the onsite sewer system shall be private. All sewer laterals shall
be privately maintained from each building and/or condo unit to the City maintained public sewer
main within East Naples Court.
15. Condition No. 19- (private Street). In satisfaction of Condition No. 19 of the Resolution,
Developer agrees that the street within the development shall be private.
16. Condition No. 21- (CC&R). In satisfaction of Condition No. 21 of the Resolution,
Developer agrees to remain in compliance with the Codes, Covenants, and Restrictions ("CC&Rs")
to the satisfaction of City Engineer, Director of Planning and Building, Director of Public Works,
and Fire Marshall. The CC&Rs shall include the following:
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a. The creation of a Homeowner's Association ("HOA"), which shall, among other things,
be responsible for maintaining all common facilities within the Project including, but
not limited to: walls, fences, water fountains, lightning structures, fIre sprinklers and
alarm systems, paths, trails, access roads, drainage structures, water treatment facilities,
landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain
systems.
b. Language stating that the landscaping shall be maintained by the HOA in a healthy and
thriving condition at all times.
c. Language that defends, indemnifIes and holds harmless the City, and its agents, officers
and employees, from and against any claims, demands, causes of action liability or loss,
including claims arising from the maintenance activities of the HOA, including but not
limited to private sewer spillage.
d. The City's right, but not the obligation, to enforce CC&Rs.
e. An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less than
one million dollars ($1,000,000) combined single limit. The policy shall be acceptable
to the City and name the City as additional insured.
f. A requirement that City must approve any revisions to provisions of the CC&Rs that
may particularly affect the City. Furthermore, the HOA shall not seek approval from the
City of said revisions without the prior consent of one-hundred percent (100%) of the
holders of fIrst mortgages and one-hundred percent (100%) of the property owners-
unless, the Director of Planning and Building, in his or her sole discretion, waives this
requirement.
g. A requirement that the HOA shall not seek to be released by the City of any
maintenance obligations without the prior consent of the City and one-hundred percent
(100%) of the holders of fIrst mortgages and one-hundred percent (100%) of the
property owners - unless, the Director of Planning and Building, in his or her sole
discretion, waives this requirement.
h. An education and enforcement program to prevent the discharge of pollutants from all
on-site sources into the storm water conveyance system.
1. A requirement that the HOA shall maintain, in perpetuity, membership in an advance
notice service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is performed
in the area.
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J. NPDES provisions for the perpetual and routine maintenance of structural BMPs,
private sewer and storm drain facilities for the purpose of preventing and in such a
manner as to prevent the discharge of non-storm water pollutants to the public storm
water conveyance system. The CC&Rs shall include the requirement to maintain
records for the past 10 years of BMP implementation, inspections, and maintenance
activities.
k. A requirement that the HOA shall fund and oversee a contract for the maintenance of
the onsite private sewer system. The frequency of maintenance of the sewer system
shall be contained in the provisions of the Codes, Covenants and Restrictions. The City
Engineer and Director of Public Works shall approve the provisions of the CC&Rs
regarding the onsite private sewer system.
I. A Trash and Recycling program that shall be incorporated into the project CC&Rs to the
satisfaction of the City's Conservation Coordinator.
m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
n. A requirement that fire service lateral and water supply to buildings must be maintained
and operational at all times to the satisfaction of the Fire Marshall.
17. Condition No. 25- (Hold Harmless). In satisfaction of Condition No. 25 of the
Resolution, Developer agrees to the following:
a. Defend, indemnify and hold harmless the City and its agents, officers, and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees
to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees
with regard to this subdivision pursuant to Section 66499.37 of the State Map Act
provided the City promptly notifies the subdivider of any claim, action or proceeding and
on the further condition that the City fully cooperates in the defense.
b. Defend, indemnify and hold the City, its agents, officers and employees, harmless from
any liability for erosion, siltation or increased flow of drainage resulting from this project
and spillage of sewage generated by the project onto adjacent public or private streets or
into offsite storm water conveyance systems.
c. Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
d. Implement and sustain in perpetuity, a source control storm water quality management
program as outlined in the Water Quality Technical Report.
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18. Condition No. 26- (Erosion and Siltation). In satisfaction of Condition No. 26 of the
Resolution, Developer agrees to defend, indemnify and hold the City, or its agents, officers or
employees harmless from any claim or liability for erosion, siltation or increase flow of drainage
resulting from this proj ect.
19. Condition No. 27-(Equal Opportunity to Franchised Companies). In satisfaction of
Condition No. 27 of the Resolution, Developer agrees to permit all franchised cable television
companies ("Cable Company") equal opportunity to place conduit and provide cable television
service to each lot within the subdivision. Restrict access to the conduit to only those franchised
cable television companies who are, and remain in compliance with, all of the terms and conditions
of the franchise and which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
20. Condition No. B (Building Code Compliance). In partial satisfaction of Condition No.
B of the Resolution, Developer agrees that the following Conditions of Approval shall be satisfied
prior to Final Inspection unless otherwise noted:
a) Developer shall obtain approval of a building permit for the pool/sales office
building, showing remodel of the adjacent condominium unit.
b) Developer shall pay each eligible tenant $1,000 in addition to any security deposit
owed that tenant (Relocation Benefit). Eligible tenants are those tenants who vacate
their units after March 2,2005, regardless of the date on which they moved into the
unit. Eligible tenants also include those tenants who will purchase their unit and have
transferred to another unit during the renovation of the unit purchased. If an eligible
tenant is delinquent on rent, the amount of the delinquency shall be deducted from
the Relocation Benefit and the tenant will receive the remainder.
c) Developer shall provide to the City a list of all tenants as of March 2, 2005.
Developer shall include with that list evidence acceptable to the City of payment of
Relocation Benefits to those eligible tenants by Developer. Evidence of payment of
Relocation Benefits by Developer acceptable to the City shall include, but not be
limited to, a copy of the returned check with a detailed statement breaking out the
Relocation Benefit from the security deposit.
d) Developer shall immediately forward to the City a copy of each eligible tenant's
notice to vacate. Developer shall also forward proof acceptable to the City of any
delinquent rent by that tenant.
e) Developer has delivered to the City a check for $65,000 which amount equals the
Relocation Benefit for each eligible tenant on the list that has not already been paid
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by Developer. Developer shall deposit additional Relocation Benefit funds with the
City within 30 days of a request by the City.
f) Developer shall send each eligible tenant who has not received the Relocation
Benefit from Developer a letter, certified return receipt requested, explaining that
they will receive a check for Relocation Benefits from the City. City shall approve
the contents of that letter prior to it being mailed. Developer shall provide to the City
a copy of each return receipt as proof that the letter was delivered.
g) Developer shall use its best efforts to locate all eligible tenants who did not receive
the Relocation Benefits. Best efforts include, but are not limited to, placing an
advertisement in the local and regional newspapers, searching phone books, and
purchasing forwarding addresses.
h) City shall issue a check for Relocation Benefits, less any delinquent rent as provided
by Developer, to each eligible tenant who has not already received the relocation
benefit.
i) All tenants that are current in paying their rent shall receive their security deposit
back in full. Nothing but rent delinquency shall cause the security deposit refund to
be reduced. The security deposit will be paid in full regardless of the condition of the
unit.
j) Developer shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officials and officers, its employees, agents and representatives, from and
against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) arising out of or alleged by third parties to be the result of
the negligent acts, errors or omissions or the willful misconduct of the City, its
elected and appointed officials and officers, its employees, agents and
representatives, in connection with the City's duties and obligations outlined in this
Section 20 of the Agreement. Developer's indemnification shall include any and all
costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or
employees in defending against such claims, whether the same proceed to judgment
or not. Developer's obligations under this Section 20 shall survive the termination of
this Agreement.
k) All outdoor lighting shall meet the protective current lighting standards of the current
Uniform Building Code.
I) Prior to fmal inspection of any condominium unit in a detached structure containing
multiple condominium units, Developer shall ensure that the Project's exterior
upgrades for that structure are constructed in accordance with the approved DRC-05-
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04 design review permit.
m) Developer shall ensure that all walls and ceilings shall meet the current Uniform
Building Code standards to the satisfaction of the City Building Official and Director
of Planning and Building regarding fire and sound attenuation between airspaces of
the condominium units,
n) Developer shall install additional storage in compliance with findings of the Revised
Storage Analysis dated January 25, 2006, to the satisfaction of the Director of
Planning and Building and Chula Vista Police Department as described below. If
required by the California Building Code, the Developer shall obtain building permits
if necessary for the installation of the required storage. For work not requiring a
building permit, submit evidence or obtain an inspection to the satisfaction of the
Director of Planning and Building that the required storage has been installed, prior
to the close of escrow of each unit. The additional work shall include:
i. Plan A -First and Second Floor:
Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with a Noritz tankless water heater or
approved equal. Incorporate the top portion of the coat closet with the patio
closet.
Total storage area: 197 cu. ft.
II. Plan B - First Floor with Outside Storage Locker:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with N oritz tankless water heater.
or approved equal
Total storage area: 148 cu. ft.
111. Plan B - First Floor without outside storage locker and Second Floor:
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with Noritz tankless water heater or
approved equal.
Extend the coat closet and improve it with shelving.
Total storage area: 163 cu. ft.
IV. Plan C -First and Second Floor:
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Improve Patio Closet with shelving.
Improve laundry closet with shelving above and beside the washer/dryer.
Replace the current hot water heater with Noritz tankless Water Heater or
approved equal.
Incorporate the coat closet with the patio closet.
Total storage area: 203 cu. ft.
21. Condition No. C (Housing Inspection Requirements). In partial satisfaction of
Condition No. C of the Resolution, Developer agrees that prior to Final Inspection to obtain building
permits approval for the following:
a. Property Condition Assessment Report - Repairs required prior to Final Map
Approval:
1. Repair automobile fire damaged carport in front of 720 building
2. Repair dry rot noted on the wood stringer of the stairs accessing unit 273.
b. Physical Elements Report - Developer shall complete repairs required prior to Final
Inspection or Occupancy of applicable Condominium Units, whichever occurs first:
1. Repair/replace malfunctioning windows and doors.
2. Repair/replace any water damaged building elements and materials,
including the stairs, landings, and balconies.
3. Repair/replace the heating units.
4. Repair/replace the hot water heaters.
5. Repair isolated cracking and alligatoring were noted on the asphalt paved.
driveway and parking lots. Following repair, seal-coat and re-stripe the
pavement.
6. Fill bare areas with materials that are comparable to the existing plants and
adjust the irrigation system accordingly. Reset the sprinkler heads for
proper spraying of irrigation water to avoid staining the exterior walls.
7. Re-plaster the surfaces of the swimming pool and spa.
8. Up-grade the surrounding concrete decks around the swimming pool and
spa.
9. Paint exterior walls of the buildings, carports, property fences, and metal
fence around the swimming pool and spa.
10. Plant ground cover to stabilize the currently bare slope above the retaining
wall along the southern boundary of the site. Also provide timer irrigation
system accordingly.
c. The Project's interior upgrades may include replacing kitchen and bathroom
hardware, flooring, counters, sinks, faucets, light fixtures, refrigerators, and shower
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heads in accordance with the Property Condition Assessment Report.
22. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur,
or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail
to be so implemented and maintained according to their terms, the City shall have the right to revoke or
modifY all approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any
of the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable and diligent time frame.
23. Special Taxes and Assessments. The Developer agrees to ensure that prospective
purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section
5.46.020 regarding projected taxes and assessments.
24. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes partial or full satisfaction of Developer's obligation of Conditions: 1,2,4,5,6,7,9,10,
12,13,14,15,17,18,19,21,2S,26,27,B,andC(T.M.ExhibitC).
25. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Notice of Decision, and
shall remain in compliance with and implement the terms, conditions and provisions therein.
26. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
27. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice of such change to the other
party.
CITY OF CHULA VISTA
276 Fourth A venue
Chula Vista, CA. 91910
Attn: City Engineer
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Pacifica Companies LLC
1785 Hancock Street, Suite 100
San Diego, CA 92110
Attn: Deepak Israni
With a copy to:
CBRE CB Richard Ellis.
44365 Executive Drive, Suite 900
San Diego, CA 92121
Attn: Shira Stern
With a copy to:
Thomas P. Saver, Jr., Esq.
9974 Scripps Ranch Blvd., #284
San Diego, CA 92131
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignability. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement.
g. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
14
7-32
incorporated by reference into this Agreement.
h. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
15
7-33
[PAGE ONE OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT FOR
SUNBOW VILLAS CONDOMINUIM CONVERSION]
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
16
7-34
03/17/2006
12:36
PACIFICA CO ~ 5855774
NO. 551 1;1002
[pAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT
FOR SUNBOW VILLAS CONDOMINUlM CONVERSION]
DEVELOPER/OWNER;
Pacifica Sunbow LP,
a California Limited Partnership
By: Pac Sunhow Inc.,
a California Corporation
By:
...
DATED: MA~.H 1, . 2006
(ATTACH NOTARY ACKNOWLEDGMENTS)
7-35
List of Exhibits
Exhibit A
Legal Description of Property
Exhibit B
DRC 05-04 Notice of Decision
Conditions of Approval
Exhibit C
Property Condition Assessment
Report and Housing Inspection
Requirements
Exhibit D
Performance Bonds
Exhibit E
Resolution No. 2005-067
7-36
EXlllBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 1 of Chu1a Vista Tract No. 87-8 Rancho Del Sur Phase 1 Unit 1, in the City of Chu1a Vista,
County of San Diego, State of Cali fomi a, According to Map thereofNo.12060, filed in the
Office of the County Recorder of San Diego County, May 2, 1998.
7-37
EXIllBIT B
CONDITIONS OF
NOTICE OF DECISION
DRC-05-04
Approval ofDRC-05-04 is conditioned upon the following:
I. Prior to the issuance of any permits for improvements or modifications, the following
conditions shall be satisfied:
A. Prior to the issuance of any permits required by the City Of Chula Vista for the use the
subject property in reliance on this approval, the ApplicantlRepresentative and Property
Owner shall execute this document by making a true copy of this letter of conditional
approval and signing both this original Notice of Decision and the copy on the lines provided
below, said execution indicating that the ApplicantlRepresentative and Property Owner have
each read, understood and agreed to the conditions contained herein, and will implement
same. Upon execution, the true copy with original signatures shall be returned to the Project
Planner in the Planning and Building Department. Failure to return the signed true copy of
this document within 30 days of the effective date herein shall indicate the
ApplicantlRepresentative and Property Owner's desire that the project, and corresponding
application for building/grading permits and/or business license, be held in abeyance without
approval.
B. This Design Review approval is subject to the conditions of approval outlined for the
Tentative Subdivision Map (PCS-05-03), which are attached to this Notice of Decision (see
Attachment "A", PCS-05-03 Conditions of Approval).
C. Submit CC&R's for review and approval showing that the HOA will be responsible for
regularly maintaining all common areas on the site including landscaping, playground,
barbeque, swimming pool, clubhouse and laundry facilities.
D. Submit a phasing plan showing the sequence of construction/remodeling and conversion of
the project site to condominiums.
II. Prior to the final inspection or occupancy of the each condominium building, the
following conditions shall be satisfied:
A. Repair, seal-coat and re-stripe the asphalt paved driveway and parking lot. Parking lot re-
striping and design shall comply with applicable zoning and handicapped accessibility
requirements. Standard and handicapped parking spaces shall not be re-located except upon
written approval by the Director of Planning and Building.
B. The applicant shall paint buildings with the approved colors per color/materials samples on
file with the Department of Planning and Building, using Sinclair, Dunn-Edwards, or Frazee,
7-38
or approved equal, as follows:
"Sunbow Beige":
"Sunbow Chocolate":
"Sunbow Rails":
Base stucco.
Trim.
Roof tiles, railing, exterior mechanical equipment, piping,
conduits, ducts, and vents.
C. Design of the exterior of any modified improvements, including but not limited to repairing
and re-painting exterior surfaces of the buildings, carports, trash enclosures, balconies,
fencing, and storage closets, shall match the color and materials of the exterior finish of the
adjacent building.
D. Re-fresh the existing landscaping and recreation areas to the extent feasible, including
maintenance of existing planting and irrigation, replacement of dead or dying plants,
maintenance of existing balconies, patios, playground, pool, and barbeque and picnic
facilities in a manner that complies the City Design Manual and Landscape Manual, and the
previously-approved landscape plan. Any significant re-design of the existing landscaping or
recreational amenities will require submittal and approval of a new landscape plan prior to
final inspection of the first residential unit.
J:\Engilleer\LANDDEV\Projects\Miscellaneous Projects\Sunbow Villas Condo Conversion\Subdlvision Agreement Sunbow
ViIlas.doc
7-39
EXIHBIT D
Bond for the purchase and installation of water quality equipment as required by
the approved Water Quality Report, DATED JANUARY 6,2006.
BOND NO.: 661116117
Bond Company: Lincoln General Insurance Company
Issued Date: January 16,2006
Bond Amount: $70,600.00
7-40
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 03/21/06
f3
SUBMITTED BY:
Resolution Accepting bids and awarding a contract for the
"SDG&E Park Lighting Improvements (PR273)" project to Palm
Engineering Construction Company, Inc. in the amount of$107,800.00.
Director of General servicesG~
City Manager f ,t~ pf....
(4/5ths Vote: Yes_No...K...)
ITEM TITLE:
REVIEWED BY:
On March 8, 2006, at 2:00 p.m., the Director of General Services received sealed bids for the
project "SDG&E Park Lighting Improvements (PR273)". The work for the project primarily
includes the installation of twenty (20) 240 volt 250 watt high-pressure sodium lights at SDG&E
Park located in the City of Chula Vista. Further, all labor, material, equipment, and
transportation necessary for the proj ect is also included.
RECOMMENDATION:
That Council adopt the resolution to accept the bids and award the contract for the "SDG&E Park
Lighting Improvements (PR273)" project to Palm Engineering Construction Company, Inc. in the
amount of$107,800.00 and authorizing the Mayor to execute said contract.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Capital Improvement Program (CIP) budget for FY2005-06 includes funding for the design
and construction of the "SDG&E Park Lighting Improvements (PR273)" project.
The "SDG&E Park Lighting Improvements (PR273)" project will provide for pathway and
parking lot lights at SDG&E Park located at the northeast corner of East Orange Avenue and
Hilltop Drive. The park is located between two neighborhoods that utilize the park for a walking
trail. The lighting will enhance visibility along pathways and improve security.
Biddine: Process
City staff received and opened bids on Wednesday, March 8, 2006 at 2:00 p.m. The
determination of the low bid was based on the total of the base bid amount. The City received
bids from six (6) contractors as follows (bids sorted by the base bid amount):
8-1
Page 2, Item
Meeting Date:
7)
03/21/06
CONTRACTOR BASE BID
1. Palm Engineering Construction
Company, Inc. $107,800.00
San Diego, California
2. T & M Electric, Inc. $109,900.00
Santee, California
3. Stars Electric $113,000.00
San Diello, California
4. A.B. Hasluni, Inc. $118,000.00
Oceanside, California
5. HMS Construction $118,340.00
San Marcos, California
6. 3 D Enterprises $134,726.00
San Diego, California
City staff received excellent bids for the project. The total low base bid from Palm Engineering
Construction Company, Inc., in the amount of $107,800.00, fully complied with all bid
requirements and was below the Engineer's estimate of $125,000.00 by $17,200.00 or
approximately 13.8%.
City staff checked the references provided by Palm Engineering Construction Company, Inc. All
references were verified and their work has been satisfactory. The Contractor's License Number
for Palm Engineering Construction Company, Inc. (853930 I Class A and B) is clear and current.
Therefore, staff recommends awarding the base bid contract to Palm Engineering Construction
Company, Inc. in the amOlmt of$107,800.00.
Disadvantal!ed Business Enterprise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Staff has reviewed the bid package subrnitted
by Palm Engineering Construction Company, Inc. and concluded that they have met the required
goals.
Staff also reviewed Palm Engineering's eligibility status with regard to federal procurement
programs and the status of the State contractor's licenses. Palm Engineering is not listed as
excluded from Federal Procurement Programs.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attaclunent A.
8-2
~
Page 3, Item
Meeting Date: 03/21/06
6
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and with the National Environmental Policy
Act (NEP A). The Environmental Review Coordinator has determined that the project qualifies
for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines and Categorical Exclusion
(subject to Sec. 58.5) pursuant to the U.S. Department of Housing and Urban Development
(HUD) guidelines for implementing NEP A. Thus, no further environmental review is necessary.
Prevailine: Wae:e Statement
Contractors bidding on this project were required to pay prevailing wages to persons employed
by them for work under this project. No special minority or women owned business requirements
were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged businesses to bid on the project.
Fiscal Impact
The tables below detail the funds required and the funds available for the projects:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount ($107,800.00) $107,800.00
B. Contingencies 15% $16,170.00
C. City Oversight (Administration and Inspection) $36,030.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $160,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. CDBG $160.000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $160,000.00
There are sufficient funds held by the City to fully offset all costs associated with the
construction of this project, with no impact to the General Fund. Upon completion of the subject
project, the improvements will require only routine City maintenance.
Attachment: A - Disclosure Statement
J:\General Services\GS Adrninistration\Council Agenda\SDG&E Park Irnpvts\Al13 SDG&E Park PR273.doc
8-3
ATTA'~'-'''E:\'7-. .LL
. ~".v~ ;'~!iCJ ~.~ ~
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 fmancial interests, payments, or campaign contributions for a City ofChula Vista election must
be fiJed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
'B\rn~I('fflY'r1j_ RC\S/lIl ::::.ht1hb1z i
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
~~~bVj
3. If any person' identified pursuant to (1) 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.
WCX\V
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.
~\ d\C1hhv.-\
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 X--
~
45
8-4
If Yes, 12.riefly describe the nature of the financial interest the official** may have in this contract.
W 0\"6
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No}( 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? (This includes being a source of income, money to retire a
legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official** and what was the nature of item provided?
N6~
Date: W'<lJh 9; I '2l:tftJ
Q
Signature of Contractor/Applicant
Th\'rf\~\\\eeY'~ ~+ CO. jJrc,
Print or type n e of Contrac ! Applicant
*
Person is defined as: any individual, flIITl, co-partnership, joint venture, association, social club,
fTatemal organization, corporation, estate, trust, 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.
46
8-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE "SDG&E PARK LIGHTING
IMPROVEMENTS (PR273)" PROJECT TO PALM ENGINEERING
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$107,800.00.
WHEREAS, the Capital Improvement Program (CIP) budget for FY2005-06 includes
funding for the design and construction of the "SDG&E Park Lighting Improvements (PR273)"
project; and
WHEREAS, the work to be done primarily includes the installation of twenty (20) 240
volt 250 watt high-pressure sodium lights at SDG&E Park located in the City of Chula Vista.
Further, all labor, material, equipment, and transportation necessary for the project is also
included.
WHEREAS, on March 8, 2006, at 2:00 p.m., the Director of General Services received
sealed bids for the project "SDG&E Park Lighting Improvements (PR273)" as follows: and;
CONTRACTOR BASE BID
1. Palm Engineering Construction
Company, Inc. $107,800.00
San Diego, California
2. T & M Electric, Inc. $109,900.00
Santee, California
, Stars Electric
J. $113,000.00
San Diego, California
4. A.B. Hashrni, Inc. $118,000.00
Oceanside, California
5. HMS Construction $118,340.00
San Marcos, California
6. 3 D Enterprises $134,726.00
San Diego, California
WHEREAS, the total low base bid from Palm Engineering in the amount of $107,800.00,
fully complied with all bid specifications and was below the Engineer's estimate of$125,000.00
by $17,200.00 or approximately 13.8%; and
WHEREAS, City staff checked the references provided by the contractor and all
references were verified and their work has been satisfactory; and
8-6
WHEREAS, staffrecommends awarding the base bid contract to Palm Engineering in the
amount of$107,800.00; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the National Environmental Policy Act (NEPA) and has determined the
project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to the U.S. Department of
Housing & Urban Development (BUD) Guidelines per 24 CFR 58.35 (a) and has also
determined that the project qualifies for a Class I categorical exemption pursuant to Section
15301 of the State CEQA Guidelines; and
.
WHEREAS, the bid documents set forth partIcIpation requirements per Federal
Regulation for meeting the disadvantaged and women-owned business goals. Staff has reviewed
the bid package submitted by Palm Engineering and has concluded that they have met the
required goals; and
WHEREAS, staff also reviewed Palm Engineering, Inc.'s eligibility status regarding
federal procurement programs. Palm Engineering is not listed as excluded from Federal
Procurement Programs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award contract for the "SDG&E Park Lighting Improvements
(PR273)" project to Palm Engineering Construction Company, Inc. in the amount of
$107,800.00.
Presented by
Approved as to form by
~kA/l1r.?0f
Ci y ~~~:ey
Jack Griffin
Director of General Services
M:\General Services\OS Administration\Council Agenda\SDG&E Park Impvts\Reso~SDG&E Park.doc
.
8-7
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date 03/21/2006
ITEM TITLE:
Ordinance Consideration of adopting an Ordinance of the City
Council of the City of Chula Vista, Adding Chapter 9.80 to the City of
Chula Vista Municipal Code to regulate the proximity of sex offenders to
schools and parks.
Chief of Police G:,~ ~.... Il.Pe
City Manager :;f ~ Jl f
(4/5ths Vote: Yes_No..lU
SUBMITTED BY:
REVIEWED BY:
Convicted sex offenders who have committed a sexual offense against children pose a threat to
the children residing or visiting in our community, and therefore the City Council of the City of
Chula Vista desires to impose additional safety precautions to further the goal of protecting
children throughout the City of Chula Vista.
RECOMMENDATION: That Council adopts the Ordinance adding Chapter 9.80 to the City of
Chula Vista Municipal Code to regulate the proximity of sex offenders to children's facilities.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In response to direction from the City Council, the proposed ordinance has been prepared in
order to reduce the potential risk of harm to children of the community from convicted sex
offenders who have committed a sexual offense against children. Sex offenders pose a clear
threat to the children residing, or visiting in our community. The City Council of the City of Chula
Vista desires to impose safety precautions in furtherance of the goal of protecting our children.
The purpose of this regulation is to reduce the potential risk of harm to children of our
community by impacting the ability for sex offenders to reside near schools and parks, areas
commonly occupied by children.
The proposed ordinance would add Chapter 9.80 to the Municipal Code. This enhancement to
the Municipal Code would prohibit registered sex offenders whose crime was against a minor
from residing within five hundred (500) feet of the real property of a school, grades kindergarten
through eight or within five hundred (500) feet of the real property of a park. Following
notification by the Chula Vista Police Department of the requirements of this ordinance, any
violation of this section is a misdemeanor punishable by a fine of up to and including $1000
and/or six months in the county jaii. This new ordinance would not apply to any person who has
established a residence prior to July 1, 2006.
Mayor Padilla and Council members Castaneda, Chavez, McCann and Rindone all have
conflicts of interest with this ordinance based upon owning real property near the 500 foot buffer
zones. The "legally required participation" rule only allows participation of the smallest number
of disqualified persons necessary to constitute a quorum. As a result, the Mayor and the four
Councilmembers will draw straws. Only three of them will be permitted to vote on this
ordinance.
9-1
Page 2, Item :"i
Meeting Date 03/21/2006
FISCAL IMPACT:
Adoption of the proposed ordinance will not require any additional appropriations, therefore
there is no impact to the General Fund.
Attachments:
A. Map of restricted residency
.
9-2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING CHAPTER 9.80 TO THE CITY OF
CHULA VISTA MUNICIPAL CODE TO REGULATE THE
PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND
PARKS.
WHEREAS, convicted sex offenders who committed a sexual offense against children
pose a clear threat to the children residing, or visiting in our community; and
WHEREAS, The City of Chula Vista currently places a high priority on maintaining
public safety through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior; and
WHEREAS, it is the intent of the City of Chula Vista in enacting this measure to help its
citizens and their children have additional precautions. It is not the intent of the city to
embarrass or harass persons convicted of sex offenses.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
FINDINGS AND DECLARATIONS
The City ofChula Vista finds and declares each of the following:
(a) The City of Chula Vista currently places a high priority on maintaining public safety
through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior.
(b) It is the intent of the City of Chula Vista in enacting this measure to help its citizens and
their children have additional precautions. It is not the intent of the city to embarrass or
harass persons convicted of sex offenses.
(c) Chula Vista must take additional steps to monitor sex offenders and protect children.
DEFINITIONS
"Park" or "city park" means the land and easements owned or leased by the city of Chula Vista
which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the city
for purposes of sports and public recreation.
"Person" means a person who has committed a sexual offense against or involving a minor for
which the person must register as a sex offender pursuant to Penal Code 9 290.
9-4
Ordinance No.
Page 2 of2
RESIDENCY RESTRICTIONS - SCHOOLS AND PARKS
I. A person shall not reside within five hundred (500) feet of the real property of a school,
grades kindergarten through eight.
2. A person shall not reside within five hundred (500) feet of the real property ofa park.
3. Following notification by the Chula Vista Police Department of the requirements of this
ordinance, any violation of this section is a misdemeanor punishable by a fine of up to
and including $1000 and/or six months in the county jail.
4. This section shall not apply to any person who has established a residence (at which this
person lists as his or her address for Penal Code ~ 290 registration) prior to July I, 2006.
SEVERABILITY
.
If any provisions or clause of this Division or the application thereof to any person or
circumstance is held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions of this Division or clauses or
applications thereof which can be implemented without the invalid provision, clause or
application, and to this end, the provisions and clauses of this Division are declared to be
severable.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in full force on adoption of this ordinance.
Richard P. Emerson
Chief of Police
~~
Ann Moore
City Attorney
Presented by:
H:/ Attorney/Final Resos/2006/3 7 06/Sex Offender Proximity
9-5
I r-',
Item No ,c.'
Meeting Date 03/21/2006
COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION ACCEPTING PROPOSALS AND AWARDING
CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE
SERVICES,
RESOLUTION AMENDING THE POLICE INITIATED
TOWING SERVICE RATE SCHEDULE, ELIMINATING THE TOW
REFERRAL FEE AND IMPLEMENTING A TOW LICENCE FEE,
AND AUTHORIZING THE POLICE DEPARTMENT TO MAKE
ANNUAL CHANGES TO THE POLICE INITIATED TOWING
SERVICE RATE SCHEDULE,
SUBMITTED BY: Chief of Police &vJ FOI.~
City Manager f ~ 17/\
REVIEWED BY:
(4/5ths Vote: Yes_ No 2L. )
The Police Department has recently completed a Request For Proposal process to
select qualified towing operators to provide police initiated towing and impound
services,
RECOMMENDATION:
That Council:
1. Accepts proposals and awards contracts to the following tow operators: 1)
American Towing, 2) Paxton's Towing, 3) Road One Towing and 4) Anthony's
Towing
2, Approve amendments to the Police-initiated Tow Operator's Rate Schedule,
eliminate the tow referral fee, implement a tow license fee and authorize the
department to make annual changes to the Tow Operator's Rate Schedule.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The City of Chula Vista is authorized by Section 22671 of the California Vehicle Code to
issue a franchise or execute contracts for the towing and storage of vehicles having a
deleterious impact upon public safety. Such vehicles include, but are not limited to,
those that have been illegally parked, abandoned, involved in a serious traffic accident
10-1
Item No
Meeting Date 03/21/2006
and the vehicles of persons who have been arrested. Chula Vista Municipal Code
Chapter 5.58 prescribes the basic regulations governing the selection and operation of
these tow companies. The existing tow agreements provide for consumers to use the
towing company of their choice if the towing company can arrive within a reasonable
period of time. The Officer on scene will have the discretion to provide this
accommodation based upon current pending calls-for-service.
The Police Department currently uses four companies to provide Police-initiated towing
services: Anthony's Towing, Paxton's Towing, J.C. Towing and RoadOne Towing.
1966
1973
1996
1996
Currently, each of these four companies has an identical agreement with the City and
each has provided adequate service to the City.
Request for Proposal Cycle
At the conclusion of the previous contract, staff issued a Request for Proposal (RFP) on
December 6, 2001. Following the selection process staff became concerned with fiscal
control issues in the processing of Negligent Vehicle Impound Fee's (NVIP) and Tow
Referral Fees. As a result, the 2001 RFP was cancelled.
Staff conducted a second RFP which was issued on October 30, 2003. Several
significant changes to the scope of the original RFP were made and an exhaustive
evaluation process was conducted. However, due to the length of time that it took to
process the second RFP, there were several changes in some of the tow operators'
operational capacities that warranted a cancellation of the second RFP.
The third RFP for towing related services was issued October 12, 2005. For both the
second and third RFP's, a committee consisting of the Purchasing Agent, Deputy City
Attorney and the Administrative Services Manager (from the Police Department) was
formed to ensure that the process was consistent and thorough. The committee
reviewed the previous RFP and made several changes its scope.
During the period since the contract ended, the current four companies have maintained
towing related services without any drop in service to the citizens of Chula Vista.
One significant change to the RFP process was the elimination of the Tow Referral Fee
and the introduction of a Tow License Fee (TLF). The Tow License fee will replace the
current Tow Referral Fee and is charged for each police initiated tow (currently $18 per
vehicle). For this RFP, each company that was successful in the evaluation process
was asked to place a monetary bid for the tow contract. A minimum bid amount of
10-2
.
.-
.,
Item No
Meeting Date 03/21/2006
$23,750 was established and the top four bidders would be accepted for the contract.
This means that each of the top four bidders could pay differing amounts for a 25%
share of the overall tow services contract. Each company's bid would be their Tow
License Fee. This was implemented to increase fiscal control on funds involved with
police initiated tows. Instead of the companies each sending separate checks each
month to the department, they will instead send quarterly payments based upon their
bid for services.
The other change made was that the department will require individuals to pay their
Negligent Vehicle Impound Fee (currently $125) at the Police Department prior to
release of their vehicle from the tow yard. Both of these changes were made in order to
place tighter fiscal controls on the funds involved with police initiated tows. This change
in policy will eliminate 90% of the staff work involved with processing these payments
from the tow companies.
The other significant change relates to the ownership of a Heavy Duty Tow Truck.
Previous to this RFP, tow companies were required to have a Heavy Duty Tow Truck
that could tow large vehicles (such as dump trucks, "big rigs", etc). The new RFP
allowed companies to submit bids without owning a Heavy Duty Tow Truck as long as
they could demonstrate the ability to purchase the Heavy Duty Tow Truck within one
year. Tow companies without the Heavy Duty Tow Truck are required subcontract with
another tow company for that ability to tow large vehicles during the first full year of the
contract. After the first year, companies without the Heavy Duty Tow Truck must put one
of these vehicles into their tow vehicle inventory. Staffs' reasoning behind this shift in
policy was that it allowed tow companies to submit a proposal without having to make
large capital investment prior to finding out if they were successful in the bid process.
This opened up the RFP process to more companies in an effort to spur additional
competition. Police Department staff also concluded that due to the large amounts of
heavy construction vehicles throughout the City, each company involved in the tow
services contract must have a Heavy Duty Tow Truck in their inventory, as time will be
of the essence in those instances when a heavy tow is required.
The City received seven proposals to perform police initiated tow services. The
companies that submitted proposals were (in alphabetical order):
. American Towing - 140 Reed Court, Chula Vista
. Anthony's Auto Center - 305 E Street, Chula Vista
. Bradley's Towing - 6980 C Mission Gorge Rd., San Diego
. J.C. Towing - 2501 Faivre St., Chula Vista
. Paxton Towing - 3487 Main Street, Chula Vista
. RoadOne Towing - 3821 Calle Fortuna, San Diego
. Western Towing - 4370 Pacific Highway, San Diego
Staff has performed a comprehensive evaluation of each RFP submitted. The
evaluation process consisted of two stages:
10-3
.
Item No
Meeting Date 03/21/2006
1) Review of the written proposals by the committee
2) A site evaluation conducted by a representative from the San Diego County
Sheriffs Department. This was done in order to ensure impartial rating of each
company. The representative from the Sheriff's department has significant
experience with tow companies and related services.
Written Proposal Evaluation
Each of the written proposals was evaluated to ensure that each company could meet
the criteria outlined in the RFP. Each proposal was evaluated based upon the following
criteria:
.
1. Company History - Companies where required to have performed essentially the
same type of service for a minimum of three years
2. Corporate/Shareholder Agreements - Each company was required to report
corporate/shareholder agreements in an effort to make sure that the department
was contracting with reputable and established organizations.
3. Pending Litigation - Each company was required to disclose any pending
litigation. This is important to make sure that each company was free from any
significant litigation that could affect their ability to perform tow-related services in
the future.
4. Contracts with other Agencies - Each company was required to detail similar
contracts with other law enforcement agencies to ensure that each company
selected had previous experience performing the types of tows that would be
required under this contract.
5. Three References - Each company was required to submit a minimum of three
references that supported the company's reliability and trustworthiness to
perform police-related tows.
6. Demonstration of Similar Experience - Each company was required to detail their
specific experience in performing police-related tows. This is important as the
most critical police initiated tows are performed at scenes of accidents and
require tow companies to be prompt, safe and reliable to quickly remove cars
from the roadways.
7. Tow Truck Operator - Each company was required to provide a list of all of their
drivers, including experience level and verification that they possess the required
licensing to perform tows.
8. Tow Trucks - Each company was required to provide a list of their compliment of
tow trucks to ensure the required numbers and sizes of trucks.
9. Equipment and Outfitting - Each company was required to list the equipment that
each of their tow trucks where outfitted with. This list had to meet the City's
minimum requirements for equipment.
10. Storage Yard - Each company was required to demonstrate their ability to
operate a tow yard that would meet the City's minimum requirements for space
and storage.
10-4
Item No
Meeting Date 03/21/2006
11. Tow Truck Maintenance - Each company was required to demonstrate that their
fleet of tow trucks that would be used to perform police initiated tows met the
City's minimum requirement for well-maintained and clean equipment.
Each of the submitting companies met the minimum requirements as detailed in the
RFP.
Site Evaluation
A County of San Diego Sheriffs Deputy performed the site evaluations with two
representatives from the Police Department present to ensure compliance with scoring
procedures. The Deputy was utilized because of the impartiality that he would provide
coupled with his extensive experience in police tow related services in San Diego
County. The site evaluations consisted of a visit to each site and visually verifying that
each company had the minimum required equipment based upon pre-established
criteria. Companies were allowed to make equipment substitutions as long as the
substitution adequately met the intent of the equipment requests. Exhibit "A" is the score
sheet that was utilized in this process. Each of the companies met all of the minimum
qualifications as outlined on the score sheet.
Bid Process
Each company that passed the RFP review and site visits was asked to place a sealed
bid for police initiated towing services. This bid would serve as their Tow License Fee.
The top four qualified bidders were then selected to participate in the police initiated
towing services contract. The following is the list of bids in order of amount:
$120,875
$102,000
$65,000
$60,000
$48,048
$47,774
$38,125
Vehicle Code Section 12110 Issues
Vehicle Code section 12110 enumerates the ability of a City to charge a fee for tow
related services as long as "the fee in those cases may not exceed the amount
necessary to reimburse the public entity for its actual and reasonable costs incurred in
connection with the towing program." A review of the actual costs to provide a towing
program was conducted and it was determined that the City meets the requirements of
Vehicle Code section 12110 as our actual costs exceed the aggregate bid amount
received by the top four companies.
10-5
Item No
Meeting Date 03/21/2006
PROPOSED TOW RATES
.
There have been no adjustments made to the Police Initiated Towing Service Rate
schedule since 1998. The department recommends adjusting the schedule in order to
compensate for increased labor, fuel and insurance costs that the tow companies have
had to absorb. The table below is based upon the average rate charged for services
under the California Highway Patrols (Southern section) Tow Rotation program:
Basic Tow $70.00 $125.00
Mileage $2.50 None
Labor $60.00/HR $65.00/Hour
Storage Maximum $15.00 $25.00/Day (24 Hours)
Evening Release (after 5:00 pm & $35.00 $65.00
Holida s
Heavy Tow $105.00 $210.00
Dolly Charge $50.00 $50.00
The table below details the various charges for tow related services throughout the
County to show that the CHP rates are comparable to the County average:
'-!:.- ..TiI
w_
Basic Tow $125.00 $140.00 $125.00 $120.00 $125.00 $90.00 $125.00 $130.00 $100.00 $120.00
Milea e $4.00 0 $3.00 0 0 0 0 0 0 $0.33
Labor $60.00 $40.00 $60.00 $120.00 $60.00 $45.00 $60.00 $60.00 $100.00 $67.22
Stora e/Hr $4.00 $4.00 0 $4.00 0 0 $4.00 0 0 $0.89
Stora e/Da $25.00 $30.00 $20.00 $25.00 $25.00 $19.00 $25.00 $27.50 $20.00 $24.06
PM Release $40.00 $30.00 $40.00 $50.00 $65.00 $34.00 $65.00 $65.00 $45.00 $48.22
Hea Tow $211.00 $220.00 $150.00 $175.00 $210.00 UNK $210.00 $210.00 $150.00 $192.00
.
The department recommends that the Police Initiated Towing Service Rate schedule be
adjusted annually in July in order for the tow companies to be able to keep up with rising
fuel, labor and insurance costs. The department further recommends that in order to
simplify the process for adjusting rates, the California Highway Patrol (CHP) average
rates for southern San Diego County be utilized to set the tow schedule rates. The
CHP's average tow rates are comparable to the rates noted above. The CHP's rates
reflect the charges by companies involved in the CHP tow rotation program and are
adjusted annually. The cities which are bolded above generally follow the CHP tow
rotation program rates as well.
10-6
Item No
Meeting Date 03/21/2006
CONTRACT PERIOD
This contract will become effective April 1, 2006 and will be valid for 5 years ending
June 30, 2011. At the end of the contract, it may be extended upon mutual agreement
between the City and individual tow companies.
FISCAL IMPACT:
This contract will result in a positive impact to the general fund revenues by an
additional $108,172 per fiscal year. These additional revenues will further offset the cost
of administering the tow program. There are no additional appropriations required.
Attached:
Tow Contracts - Four total
Exhibit "A"
10-7
Item No
Meeting Date 03/21/2006
EXHIBIT "A"
Tow Rating Sheet
City Of Chula Vista Tow Services Site Inspection
Company Name
INSTRUCTIONS
1. Rater shall inspect contractor operations to ensure contractor meets the minimum
requirements as presented in Request for Proposal.
2. During inspection of each requirement, both rater and contractor shall initial form
indicating compliance/non-compliance with RFP requirements.
3. Notes indicating any discrepancies from RFP requirements shall be noted in space
provided below scoring category. Notes can be continued on the reverse side of score
sheet.
4. Rater shall sign the last sheet indicating that the scoring was based upon equipment
presented for inspection at the time of site inspection.
10-8
One (1) Roll Back rated at
14,500 GVW
Notes:
One (1) Medium Duty
Flatbed rated at 2.5 tons
or reater
Notes:
One (1) Medium Duty
truck with wheel lift or
sling capability rated at
15,000 to 20,000 Gross
Vehicle Weight (GVW) or
reater
Notes:
.
.
Item No
Meeting Date 03/21/2006
10-9
Item No
Meeting Date 03/21/2006
One (1) 3 Axle Semi-
Tractor with hydraulic or
electrical wheel lift or
sling capability lift rated
at 48,000 Gross Vehicle
Weight (GVW) or greater.'
Notes:
Each truck shall have an
operational winch that is
power-driven in both
directions and equipped
with an adequate braking
system.
Notes:
Each truck shall be
equipped with the lighting
systems as required by
California Vehicle Code
(CVC) Sections 24605,
24606 and 25253.
Additionally, trucks shall
be equipped with utility
lamp lighting systems
that comply with CVC
Section 25110.
Notes:
,
1 Firms without large rig tow vehicle must sign affidavit at end ofraling sheet.
10-10
Each truck shall carry the
miscellaneous equipment
required by eve Section
27700. Additionally, each
tow company shall
maintain three (3) sets of
dollies for use by tow
trucks providing services
to the City.
Notes:
Each truck responding to
requests for police
initiated towing and
impound services shall,
oil both sides of the
vehicle, conspicuously
bear the company name,
address and phone
number(s) in lettering that
complies with eve
Section 27907
Notes:
Item No
Meeting Date 03/21/2006
. ;~.;~
........""
10-11
Each truck responding to
requests for police
initiated towing and
impound services shall be
equipped with radio
communications
equipment capable of
effecting two-way radio
communications between
the truck and the tow
company's dispatching
operation. Citizens Band
radios shall not be used
to meet this requirement.
Notes:
The City of Chula Vista
will require a minimum
of one acre of space
that can be used to
store vehicles. The
yard must be in
conformance with
applicable City zoning
and building codes and
be permitted as such.
Proposed yards must
also be able to be in full
service by the .
beginning of the
contract date. Yards
proposed shall be
secure and enclosed, at ..
a minimum, by a six- '-.
foot high fence with
adequate lighting.
Notes:
Item No
Meeting Date 03/21/2006
10-12
.
Each truck responding to
requests for police
initiated towing and
impound services shall be
well maintained and clean
on the exterior and
interior and should reflect
the clean image of the
City of Chula Vista
Notes:
Tow companies shall
provide tow truck
operators with uniform
attire that consists, at a
minimum, of a collared
shirt
Notes:
The collared shirt shall
have a patch either on the
upper sleeve or chest that
conspicuously identifies
the company employing
the operator
Notes:
Company issued uniform
attire shall be kept clean
and in ood re air
Notes:
Item No
Meeting Date 03/21/2006
10-13
Item No
Meeting Date 03/21/2006
I have rated the above named company based upon the equipment that was presented to me
during the tow services site inspection and my rating represents an accurate accounting of said
equipment based upon the requirements as outlined in RFP #4-05/06.
RATER NAME
DATE
10-14
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS AND
AWARDING CONTRACTS FOR POLICE INITIATED
TOWING AND STORAGE SERVICES
WHEREAS, The City of Chula Vista is authorized by Section 22671 of the
California Vehicle Code to issue a franchise or execute contracts for the towing and
storage of vehicles having a deleterious impact upon public safety; and
WHEREAS, Chula Vista Municipal Code Chapter 5.58 prescribes the basic
regulations governing the selection and operation of these tow companies; and
WHEREAS, the Police Department recently completed a Request for Proposal
seeking qualified towing and impound service providers; and
WHEREAS, seven companies submitted proposals and each passed the review
process including site inspections; and
WHEREAS, each of the seven companies submitted bids to perform police
initiated towing services, the top four bids from American Towing, Anthony's Auto
Center, Paxton's Towing and RoadOne Towing were chosen to provide police initiated
towing services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept proposals and award contracts for police initiated towing and
storage services to American Towing, Anthony's Auto Center, Paxton's Towing and
RoadOne Towing.
Presented by:
Approved as to form by:
Richard P. Emerson
Police Chief
~Q'(~'\i\\\ ~Q '{~\\\.\\
Ann Moore
City Attorney
J:\Attorney\RESO\POLlCE\ Townewreso1.doc
10-15
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE POLICE INITIATED
TOWING SERVICE RATE SCHEDULE, ELIMINATING THE
TOW REFERRAL FEE AND IMPLEMENTING A TOW
LICENSE FEE, AND AUTHORIZING THE POLICE
DEPARTMENT TO MAKE ANNUAL CHANGES TO THE
POLICE INITIATED TOWING SERVICE RATE SCHEDULE
WHEREAS, the Police Department recently completed a Request for Proposal
seeking qualified towing and impound service providers; and
WHEREAS, in order to heighten fiscal control, the Police Department requests
elimination of the Tow Referral Fee and the implementation of a Tow License Fee; and
WHEREAS, in order to maintain competitive tow rates, the Police Department
requests an increase in the current Towing Service Rate Schedule and authority to
make annual adjustments to the Towing Service Rate Schedule based upon the
California Highway Patrol average tow program fees.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the Police Initiated Towing Service Rate Schedule,
eliminating the tow referral fee and implementing a tow license fee, and authorizing the
Police Department to make annual changes to the Police Initiated Towing Service Rate
Schedule.
Presented by:
Approved as to form by:
Richard P. Emerson
Police Chief
~~V\'-\\~~~1.
Ann Moore
City Attorney
J:\Attorney\RESO\POLJCE\ Townewreso2.doc
10-16