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HomeMy WebLinkAboutAgenda Packet 1992/07/21 Tuesday, July 21, 1992 6:00 p.m. III deciara under penaity of per)u.ry t~at I art. employed by the City of Chula Vista In the OHice of the City Clerk and that I posted this Agenda/Notice on the Bulletin B~ard at . the Public Services Building and !!,t ~lty HiijI on/. . CounCIl Chambers DATED, .~ /, <?/,7~.'SIGNED y., \./ /' ;.Y, ,Pubhc Semces Bulldmg l~ r Resmlar MeetinS! of the City of Chula Vista City Council CALL TO ORDER Councilmembers Grasser Horton _, Malcolm -' Moore _, Rindone _, and Mayor Nader _ 1. ROIl. CALL: 2. PLEDGE OF AlLEGIANCE TO TI-IE FLAG. SILENf PRAYER 3. APPROVAL OF MINUTES: June 9, 1992 (Adjourned Meeting/Workshop), July 23, 1992, and June 30, 1992. 4. SPECIAL ORDERS OF TI-IE DAY: a. Introduction of students from our Sister City, Irapuato, Mexico, who are here on the Kellogg Grant working at the Nature Interpretive Center - Commissioner Nancy Taboada, Coordinator of Sister Cities International Youth Exchange, will introduce the students. b. Proclaiming the inonth of July as "Parks & Recreation Month". The proclamation will be presented to Bob Lind, Chair, Parks & Recreation Commission. CONSENT CALENDAR (Items 5 through 11) The staff reconrmendJJtions regarding the following iJems listed under the Consent CaJendor will be enJJCted by the Council by <me motion without discussion unless a CounciJmember, a member of the publil; or City staff requests that the iJem be pulled for discussion. If you wish to speak on <me 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. (Complete the green form to speak in favor of the staff recommeruJotion; complete the pink form to speak in opposition to the staff recommendlltion.) Items pul1ed from the Consent Calendar will be discussed after Action Items and Board and Commission Recommendlltions. Items pulled by the publil; will be the fust iJems of business. 5. WRITfEN COMMUNlCATIONS: a. Letter requesting $3,000 to assist in paying for Shuttle Bus services throughout Bonitafest Day, 9/26/92, as well as services provided by the Chula VISta Police Department - Marguerite Maniscalco, Bonitafest Chairwoman, Bonita Business & Professional Association, P. O. Box 284, Bonita, CA 92002. It is recommended that the request be referred to staff for further evaluation. b. Letter requesting waiver of any license requirements for Burton C. Tiffany Elementary School PTA Craft Fair on 11/21/92 - MariIee Castenholz McKelvey, Craft Fair Chair, 1615 Gotham St., Chula Vista, CA 91913. Agenda -2- July 21, 1992 6.A RESOLUTION 16710 ACCEPTING ASTATE OF CAlJFORNIAHOUSEHOlD HAZARDOUS WASTE GRANT TO ESTABUSH A HOUSEHOlD HAZARDOUS WASTE EDUCATION PROJECT - Last February, Council authorized staff to submit a grant application to the State of California Integrated Waste Management Board. The City has been notified of an award of $25,050. Under the grant, the City will establish a Household Hazardous Waste Reduction, Alternatives, and Disposal Educational Awareness Project. Staff recommends approval of the resolutions. (Administration) B. RESOLUTION 16711 AMENDING FISCAL YEAR 1992-93 BUDGET TO ADD A TEMPORARY, PART-TIME POSmON IN UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT PROGRAM AND APPROPRIATING FlJNDS FOR SUCH PROGRAM AND POSITION - 4/Sth's vote required. 7. RESOLUTION 16712 RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HElD ON JUNE 2, 1992, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW - Staff recommends approval of the resolution. (City Clerk) 8. RESOLUTION 16713 APPROVING A "NATIONAL NIGHT OUT" 5K FUN RUNI2 MILE WALK TO BE HElD AT BAYSIDE PARK ON AUGUST 4, 1992 AND AUTHORIZING THE MAYOR TO EXECUTE A HOlD HARMLESS INDEMNIFICATION AGREEMENT WITH THE PORT DISTRICT FOR TIllS EVENT - The event represents the ninth annual "National Night Out" which is a nationwide effort to heighten crime prevention awareness, strengthen neighborhood spirit and police-community relations, generate support and participation for local crime prevention programs and sending a message to criminals that our communities are organized and fighting back! All neighborhoods across the country are encouraged to turn on their outside lights from 8:00 to 10:00 p.m. and spend the evening outdoors. Staff recommends approval of the resolution. (Chief of Police) 9.A RESOLUTION 16714 APPROVING THE INITIATION OF PROCEEDINGS AND DESCRIBING THE IMPROVEMENTS FOR OPEN SPACE DISTRICT NUMBER 26 (pARK BONITA) - In order to initiate the proceedings for the formation of open space districts, the City Engineer must prepare and file a report in accordance with the Streets and Highways Code. The resolution will begin the process for the formation of the open space district for Park Bonita. Staff recommends: (1) Approve the resolution and the Engineer's report; (2) Council declare intention to form the proposed district in accordance with Section 17.07 of the Municipal Code and Section 22587 of the Streets and Highways Code; (3) Direct the City Clerk to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code; and, (4) Set 8/18/92, at 6:00 p.m., as the date and time for public hearing. (Director of Public Works and Director of Parks & Recreation) B. RESOLUTION 16715 FlUNG AND ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO ESTABUSH CHULA VISTA OPEN SPACE DISTRICT NUMBER 26 (pARK BONITA) AND SEmNG THE TIME AND PLACE FOR HEARING THEREON Agenda -3- July 21, 1992 lOA RESOLUTION 16716 ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN ASSESSMENT DISTRICT NUMBER 90-1 (SALT CREEK I) - On 10/22/91, Council established Assessment District Number 90-1 (Salt Creek I) and levied assessments for the acquisition and financing of certain infrastructure improvements serving the Salt Creek I development pursuant to the Municipal Improvement Act of 1913. The improvements have now been completed and it is necessary that the proceedings be finalized and the 1915 Act bonds be sold to provide the funds for the improvement acquisition. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16717 AUlHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD AT A PUBUC SALE AND DIRECIlNG A CALL FOR SEALED BIDS IN ASSESSMENT DISTRICT NUMBER 90-1 (SALT CREEK I) 11. RESOLUTION 16718 WAIVING TIiE COMPETITIVE BIDDING PROCESS AND APPROVING TIiE FISCAL YEAR 1992-93 SERVICE AGREEMENT Willi AMERICAN DIGITAL SYSTEMS (ADS) SERVICES FOR TIiE MAINTENANCE OF EIGHT SEWAGE FLOW METERS AND APPROPRIATING AN ADDITIONAL AMOUNf OF $8,104 - American Digital Systems (ADS) Services and the City had two service agreements for Fiscal Year (FY) 1991-92 for the repair and preventive maintenance services for six sewage flow metering stations. The cost of the service agreement for the six existing sewage flow metering stations will increase from $17,220 in FY 1991-92 to $23,772 in FY 1992- 93. With the inclusion of two new metering stations which will begin operation during this fiscal year, the maximum service cost for FY 1992-93 will increase to $30,724. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowing items have been adveriised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recornmerukJtion.) Comments are limited to five minutes per individual 12. PUBUC HEARING CONSIDERATION OF REVISIONS TO CHAPTER 5.20 OF TIiE MUNICIPAL CODE, TIiE CARDROOM ORDINANCE - On 4/28/92, Council received a staff report and heard public testimony upon a proposal to change Section 5.20 of the Municipal Code known as the Cardroom Ordinance. As a result of that discussion, staff was directed to prepare a report and schedule a public hearing on the subject proposal. Six specific Cardroom Ordinance revision issues were identified by Council. Staff met informally with cardroom operators, other members of the community and experts in California gaming law. Staff recommends Council place ordinance on first reading. (Chief of Police) Continued from the meeting of 6/30/92. Agenda ORDINANCE 2523 13. PUBUC HEARING .4- July 21, 1992 AMENDING SECTIONS 5.20.020 AND 5.20.035 OF 1HE MUNICIPAL CODE (first readin.,) CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE. Since 1986, Laidlaw Waste Systems, in accotdance with the Franchise Ordinance, has been entitled to request an annual rate increase for the collection and disposal of refuse. The staff report recommends approval of a proposed rate increase and discusses related issues. Staff recommends approval of the resolution. (Director of Finance) Continued from the meeting of 6/30/92. RESOLUTION 16719 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE JULY 1,1992 AND SEPTEMBER 1,1992 14. PUBUC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 59 FOR 1HE CONSfRUCTION OF TWO STORAGE SHEDS AND A COVERED WORK AREA AT 1HE SAN DffiGO GAS AND ELECfRIC (SDG&E) SOUTIi BAY POWER PLANT - SDG&E has submitted an application to construct two storage sheds and a covered work area within an existing warehouse area at the South Bay Power Plant site. The project site is south of "L" Street and west of Interstate 5 which is within the Southwest Redevelopment Project, however, no special redevelopment actions are required. The proposal is a Class 3 exemption from environmental review. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 6/23/92. RESOLUTION 16682 ISSUING COASTAL DEVELOPMENT PERMIT NUMBER 59 FOR 1HE CONSTRUCTION OF TWO STORAGE SHEDS AND A COVERED WORK AREA AT 1HE SDG&E SOUTIi BAY POWER PLANT 15. PUBUC HEARING CONDITIONAL USE PERMIT PCC-92-40: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST TO CONSfRUCT INTERIM FIRE STATION NUMBER 6 AT 1HE SOUTIiWESf CORNER OF LANE AVENUE AND FENTON STREET; APPEU.ANT - CAUFORNIA LAND ASSOCIATES . Appeal of Planning Commission approval of PCC-92-40. Staff recommends continuation to the meeting of 7/28/92. (Director of Planning) 16. PUBUC HEARING CITY OPEN SPACE MAINTENANCE DISTRICT 11 FOR FISCAL YEAR 1992- 93 AND ANNEXATION OF LYNNDALE HIUS SUBDMSION . In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space districts. The reports were accepted and the required public hearing was set by Council at its meeting of 6/23/92. Staff recommends approval of the resolutions. (Director of Public Works and Director of Parks & Recreation) A. RESOLUTION 16720 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACIUTIES TO BE MAINfAlNED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1992-93 FOR OPEN SPACE DISTRICT NUMBER 11 Agenda -5- July 21, 1992 B. RESOLUTION 16721 APPROVING ANNEXATION OF LAND KNOWN AS LYNNDALE H1il.'i SUBDMSION (CHULA VISTA TRACf 90-6) TO OPEN SPACE DISTRlCf NUMBER 11 17. PUBIJC HEARING CI1Y OPEN SPACE MAINTENANCE DISTRlCTS 1-10, 14, IS, 17, 18,20; EASTLAKEMAINTENANCE DISTRlCfNUMBER 1; BAY BOULEVARD AND TOWN CENTRE FOR FISCAL YEAR 1992-93 - In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space districts. The reports were accepted and the required public hearing was set by Council at its meeting of 6/23/92. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks & Recreation) RESOLUTION 16722 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACIIJTIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1992-93 FOR OPEN SPACE DISTRlCf NUMBERS 1-10, 14, IS, 17, 18, 20; EASTLAKE MAINTENANCE DISTRlCf NUMBER 1; TOWN CENTRE I LANDSCAPING DISTRlCf, AND BAY BOULEVARD LANDSCAPING DISTRlCf 18. PUBIJC HEARING FORMATION OF CHULA VISTA OPEN SPACE MAINTENANCE DISTRlCf NUMBER 24, CANYON VIEWS - On 6/30/92, Council approved the Engineer's Report on the proposed Open Space District Number 24, Canyon Views, and set 7/21/92 as the date for a public hearing on the proposed formation. Staff recommends approval of the resolutions. (Director of Public Works) 4/5th's vote required. A RESOLUTION 16723 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRlCf NUMBER 24, CONFIRMING THE DIAGRAM AND LEVYING ASSESSMENTS FOR FISCAL YEAR 1992-93 B. RESOLUTION 16724 ADOPTING THE BUDGET FOR OPEN SPACE DISTRlCT NUMBER 24 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject 1TUltIeT wiIhin the Council's jurisdiaion tIuJt is not an item on this agenda. (Stille law, however, generally prohibits the City Council from tilking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, pleiJse complete the yellow .Request to Speak Under Oral CommuniI:ations Form' available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are erpected to elicit substJmliaI discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certJlin cases be presented in the aItemative. Those who wish to speak, please fill out a .Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. Agenda -6- July 21, 1992 19. ORDINANCE 2524 AMENDING SECl10N 2.30.020 OF TIiE MUNI<JPAL CODE RELATING TO MEMBERSHIP ON TIiE ECONOMIC DEVELOPMENT COMMISSION (firsr readinld - Ordinance 2380 creating the City's Economic Development Commission (EDC) was approved by Council on 7/17/90. On 10/9/90, Council amended Sections 2.30.020 and 2.30.060 to expand EDC membership from seven to nine commissioners. The recommended ordinance is being proposed by the Economic Development Commission and provides language outlining specific areas of expertise which should be drawn from in Council's selection of appointees. Tbe purpose is to encourage a well balanced membership representing expertise vital to the EDe's role in developing, recommending and implementing economic development strategies. Staff recommends Council place ordinance on first reading. (Director of Community Development) 20. RESOLUTION 16725 APPROVING ADDITIONAL CONTIUBUTIONS TO ASSESSMENTS IN CONJUNCl10N WI1H ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD) - On 6/23/92, Council confirmed the assessments for Assessment District Number 90-2, Otay Valley Road. At that meeting, Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements. Staff recommends Council: (1) approve an additional contribution of $20,973 to Ms. Gregory's assessment for improvements constructed; (2) deny Mr. Teyssier's, Mr. Barber's and Mr. Brady's requests for additional contributions to their assessments; and, (3) approve an additional contribution to Mr. Cushman's assessment for slopes. (Director of Public Works and Director of Community Development) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider iIems whkh have been forwarded to them for consideration by one of the City's Boards, Commissions and/or CommiJtees. None submitted. ITEMS PUlLED FROM TIiE CONSENT CALENDAR This is the time the City Council wi/J discuss iIems which have been removed from the Consent Calendar. Agenda iIems puI/ed at the request of the publU: wi/J be considered prior to those puI/ed by CounciImembers. PublU: comments are limited to five minutes per individual OTIiERBUSINESS 21. <JTI MANAGER'S REPORTCS) a. Scheduling of meetings. Agenda -7- July 21, 1992 22. MAYOR'S REPORTfS) a. Ratification of appointments to Boards/Commissions/Committees - Commission on Aging: Anne H. Fabrick; Charter Review Commission: Jack Blakely, and C.R. Campbell; Child Care Commission: Nancy Cavanaugh and Cindy Johns; Cultural Arts Commission: Dency Souval and Lori Chan Luna; Design Review Committee: John C. Rodriguez; Economic Development Commission: Chuck Peter; Parks & Recreation Commission: Clifford Roland; Otay Valley Project Area Committee: A.Y. Casillas and Don Palumbo; Youth Commission: Julia Wubenhorst, Tara Williams, Allyson Borders, and Joe Page. b. Procedure for Reappointment - Board of Ethics c. Routine notice and opportunity for assessed property owners to review proposed contracts for work related to Otay Valley Road widening before they are let. 23. COUNCIL COMMENTS Councilman Moore a. Discussion and/or action regarding renaming of Otay Lakes Road (east/west section) due to near future increase in patientsj visitors, golfers and. educators to new facilities being constructed in the east. The main access is "L" Street, Telegraph Canyon Road, and Otay Lakes Road, which are one and the same. It is most appropriate to review this subject before new street signs are installed and major advertising is printed. b. Correspondence to Legislature leadership regarding State budget. Councilman Rindone c. Update report by Rodriquez Airport Administrator regarding Mexico's Airport Expansion Plans. d. South Bay Transportation Coalition Subcommittee Report regarding location of Transit Center at vicinity of Southwestern Community College. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Potential litigation pursuant to Government Code Section 54956.9 - City vs. County regarding Appropriate Technologies II. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. EDCO and Bay Cities. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay Valley Water District. Acquisition of Shinohara property - Auto Park - pursuant to Government Code Section 54956.8. The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on July 28, 1992 at 6:00 p.m. in the City Council Chambers. July 17, 1992 TO: FROM: SUBJECT: The Honorable Mayor and City Council /CN Sid W. Morris, Assistant City Manager ~~ /~ City Council Meeting of July 21, 1992 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, July 21, 1992. Comments regarding the Written Communications are as fo llows: Sa. This is a letter from the Bonita Business & Professional Association requesting $3,000 to assist in paying for shuttle bus services throughout Bonitafest Day, September 26, 1992, as well as services provided by the Chula Vista Police Department. IT IS RECOMMENDED THAT THE REQUEST BE REFERRED TO STAFF FOR FURTHER EVALUATION. Sb. This is a letter from Burton Tiffany Elementary School PTA requesting waiver of any license requirements for the PTA Craft Fair on November 21, 1992. IT IS RECOMMENDED THAT THIS WAIVER OF FEES BE GRANTED AS IS CONSISTENT WITH PAST PRACTICE BY THE CITY COUNCIL. SWM:mab trans COUNCIL AGENDA STATEMENT Item -~- Mceti ng Da Lc _Q.lL2-1I~2 ITEM TITLE Stlldent Recognitiol) SUBMITTED BY International Friendship Commis~ion (~/5t}lS Vote: )-~S 0__\:_- }13:-0r \ader to present each of th(:, follohing ~l~udellts from Irapllato, ~e~:ic() wj_th cc'rtificates of r'pcogniriofl. Tile ~:ttL(j0nt~ [11'(' }J<:lrt of tl-te Sister CitiE.'~~:, IntcrnDtional C.S./Yle~;ico E.el1u~s:;' YOlltll E~charlge Program. Jo~_::,;e Luis Cortes ~1;lrl;l (:at:alirla ~Jata \-ictor Gr-:r'c ia. Vie to r '101 i n;'t \Ial'i~l 1~l,ge]1ia O]~tiz 'Ia ., / COtlKCIL AGENDA STATEMENT ITEM .!Jiz.. MEETING DATE 7/21/92 ITEM ~ITLB: Proclamation - Proclaiming the Month of July 1992 as "PARKS & RECREATION MONTH" SUBMITTED BY: Mayor Na~ (4/STRS VOTE: YES_ NO xxx Historically agencies throughout California have recognized July as "PARKS & RECREATION MONTH" to bring an increased awareness of the value of recreational opportunities to all residents of the community. The proclamation declaring the month of July 1992 as "PARKS & RECREATION MONTH" will be presented by Mayor Tim Nader to Robert Lind, Chairman of the Chula Vista Parks & Recreation Commission. 'Ib - / " _._:~:"-'"';'(;c_~~ ~~ <..oe::. 'irrrfIJJ--; lL / ()eP-U1Pj-- J) i, ;) i-C4'c-/~ If [,LiLb<.- 1<1 L~ (!U-IrJ-fi? [I--rn 0"01/7 cut , mict,U. AY"--if - ...f-i!.. , cf.-<tl,J.... (U' CUA/).H--., '-.ll.~ r--H- ,~. Coordinator ~ '(J-.? nOllI July 23, 1992 Athena Bradley, Conservation Carole French~~countant DATIl! '1'01 SUBJECT I APPROPRIATING RESOLUTION 16711, R.A.D. PROJECT I have set up the $25,350 budget in Dept/Actv 270-2705 for the Household Hazardous Waste grant. According to the resolution, the reimbursable amount is $25,050, with $300 being funded by the Waste Management Trust Fund. The uncertified copy of the resolution that I have states that the $25,050 is being appropriated from the "General Fund". I believe this is in error. The general fund is providing the "soft match" funds which are already part of the general fund operating budget. The $25,050 is being appropriated directly in the Waste Management Trust fund. The reimbursements from the State of California should be deposited to the Waste Management Trust fund revenue account 270-3661, "state Grants". Please call me concerning the resolution needs to the Mayor for at X3173 if you have any questions or problems accounting for this grant. The wording of the to be changed prior to the certified copy being sent signature. cc: Lyman Christopher Gina Chammas Accounts Payable stephanie Snyder . RESOLUTION NO. 16711 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FY 1992-1993 BUDGET TO ADD A TEMPORARY, PART-TIME POSITION IN UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT PROGRAM AND APPROPRIATING FUNDS FOR SUCH PROGRAM AND POSITION WHEREAS, 1 ast February, staff developed a proposal for a Household Hazardous Waste Reduct ion, A lternat i ves, and Di sposa 1 Educat i ona 1 Awareness Project; Council authorized a $47,826 application to be submitted to the State of California, Integrated Waste Management Board and authorized the City Manager to execute the contract when and if received. WHEREAS, the City has now been notified of a $25,050 award, with only 14 app 1 i cants recei vi ng awards for a total of $338,829, out of 54 app 1 i cat ions requesting over $3.5 million in funding. WHEREAS, the RAD Project will involve targeting classrooms (K-Middle and Juni or Hi gh) for household hazardous waste curri cu 1 a usage, conducting hi gh school and adult presentations, a sticker campaign for young children, mobil educational display unit, distributing consumer awareness materials, and small business hazardous materials awareness outreach. WHEREAS, a portion of the grant funds, $7695, will be utilized to fund the salary, benefits and mileage reimbursement of an intern to work with the City's Conservation Coordinator to implement the Project. WHEREAS, an addit i ona 1 amount of $10,728 of the grant funds wi 11 be utilized to subcontract with the County's Household Hazardous Materials Program educat i ona 1 contract holder to provi de class room presentat ions, teacher i n- service trainings and corresponding curricula, presentations to adults (both in English and in Spanish) and printed materials. WHEREAS, grant funds amounting to $1,226 have also been awarded to purchase a mobile educational display unit that will provide pictures, samples and information on household hazardous waste to be set-up in public areas and additional grant funds of $5,701 will allow the purchase of educational stickers for young children and consumer awareness guides (English and Spanish). WHEREAS, the total cost of the RAD Project is $33,383 and the City's "hard match" for the Project is $300 and an additional $5,413, as "soft match" for the grant. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby amend the FY 1992-93 budget to add a temporary, part-time position in the Unclassified Service in the Environmental Management Unit. BE IT FURTHER RESOLVED that the sum of $25,050 is hereby appropriated from the unappropriated balance of the CeReral~fund and $300 appropriated from the ilJ;.Q.C'di? t-,,~ .. Resolution No. 16711 Page 2' oc. Waste Ha"agen,eht-irust Fund and transferred into the fo 11 owi n9 accounts: $ 7,090 into Account 270-2705-5105 $ 104 into Account 270-2705-5143 $ 266 into Account 270-2705-5145 $ 235 into Account 270-2705-5225 $10,578 into Account 270-2705-5201 $ 636 into Account 270-2705-5212 $ 1,226 into Account 270-2705-5568 $ 5,175 into Account 270-2705-5331 $ 40 into Account 270-2705-5218 Presented by Approved as to form by Athena Bradley Conservation Coordinator Bruce H. Boogaard City Attorney .. Resolution No. 16711 Page 1 PASSED, APPROVED and ADOPTED by the City Council of the City of Chul a Vista, California, this 21st day of July, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoi ng Reso 1 ut i on No. 16711 was dul y passed, approved, and adopted by the City Council held on the 21st day of July, 1992. Executed this 21st day of July, 1992. Beverly A. Authelet, City Clerk 1 ... COUNCIL AGENDA STATEMENT Item.2.1 ~...~ Meeting Date 6/30/92 ITEM TITLE: Public Hearing: Consideration of EastLake -I General Development Plan Amendment, EastLake I SPA Plan Amendment, EastLake I Activity Center Precise Plan Guidelines, EastLake I Public Facil ities Finance Plan, EastLake I Planned Conmunity District Regulations Amendment, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Water Conservation Plan, Kaiser Medical Center Precise Plan, Kaiser Medical Center Conditional Uses Permit, and Kaiser Development Agreement; EastLake Development Company and Kaiser Permanente Resolution lb(o~ Approving the EastLake I General Deve 1 opment Plan, EastLake I SPA Plan Amendment, EastLake I Activity Center Precise Plan Guidelines, EastLake I Public Facilities Finance Plan, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Water Conservation Plan, Kaiser Medical Center Precise Plan, Kaiser Medical Center Conditional Use Permit, CEQA Findings, Mitigation M~~ing Program and Statement of Overriding Consideratio~~b~ EastLake I/Kaiser Project ~~ . Ord i na~~ S:z. ~ Adopt i ng an amendment to the EastLake I PlaR~dr Community District Regulations and approving the Katier Development Agreement ~(\r ~~// SUBMITTED ~ Director of Planning ~~ REVIEWEtp~~: City Manager~4 ~b~ (4/Sths Vote: Yes___No-x-) The applicants, EastLake Development Company and Kaiser Permanente, have submitted the above referenced plans and application for the Kaiser Medical Center Project, located north of Otay Lakes Road between EastLake Parkway and future SR-12S. The property is located within the Eastlake I Village Center and was planned in 1985 as part of the first phase of the 3,000! acre Eastlake development. Copies of the draft Supplemental Environmental Impact Report 92-01 were previously forwarded to the Council. Included in this report are the DRC staff report, RCC recommendations, Planning Commission staff report, and the various plans and applications referenced in the Item Title. A Community Forum was held at Eastlake Elementary School on May 26. 1992. to familiarize area property owners and residents with the Kaiser project. RECOMMENDATION: That Council: 1. Adopt a reso 1 ut ion approvi ng the General Development Pl an amendment, SPA Plan amendment, Public Facilities Finance Plan, Water Conservation Plan, Air Quality Improvement Plan, Eastlake Activity Center Precise Plan Guidelines, Conditional Use Permit, Precise Plan, CEQA Findings, Mitigation Monitoring Program and Statement of Overriding Considerations; ~\ -, Page 2, Item d.} a -I- <!...- Meeting Date 6/30/92 2. Adopt an ordinance approving the Planned Community District Regulations Amendment, and the Kaiser Development Agreement. BOARDS/COMMISSIONS RECOMMENDATION: On May 18, 1992, the Resource Conservation Commission reviewed the Supplemental EIR, Air Quality Improvement Plan and the Water Conservation Plan and recommended approval with the request that the City establish guidelines for the preparation of Air Quality Improvement Plans and Water Conservation Plans for future projects. On June 24, 1992, the Planning Commission recommended by a vote of 6-0 (Tuchscher absent) approval of the EastLake I/Kaiser project. The Planning Commission resolutions and meeting minutes are attached. Other recommendations by the Commission included: 1. Adding language to the Development Agreement to encourage Kaiser to work with local educational institutions to establish and promote health care job training and education programs. 2. Minor wording change to Mitigation Measure 4.3.4.5 to clarify the requirement for an access road from Otay Lakes Road north to Fenton Street extension at the time of issuance of a building permit for Phase III of the Kaiser Medical Center. On June 8, 1992, the Design Review Committee recommended approval of the Kaiser Medical Center Precise Plan by a vote of 4-0. DISCUSSION: 1.0 Historv The 1982 EastLake I General Development Plan (GDP) was originally adopted as the City's General Plan for the EastLake I project area. In 1985, the GDP was amended to reflect the preparation and approval of the EastLake I SPA Pl an. The General Plan Update, adopted in July 1989, incorporated the previous Council approvals of EastLake I GDP and SPA Plan into the City's General Plan. The Salt Creek I project which was approved on September 12, 1989, constituted the last amendment to the EastLake I GDP and SPA Plan by changing a 130-acre area originally planned for industrial to residential. This area is currently under development. The currently adopted EastLake I SPA Plan designates 71.8 acres in the southwest portion of the plan area for Village Center development. The SPA Plan states that the Village Center will contain shopping, restaurants, offices, high density residential, lakes, open space and civic uses. The Village Center was to be divided into two areas. The area identified as VC-l on the adopted SPA Plan, located immediately to the north of Otay Lakes Road and west of EastLake Parkway, includes 59.8 acres, while VC-2, located ~l-'- Page 3, Item;:;'] ,;....C Meeting Date 6/30/92 to the north of Otay Lakes Road and east of EastLake Parkway, includes 12.0 acres. In order to accommodate the Kaiser Permanente Chu1a Vista Medical Center proposal, the applicants are proposing an amendment to the adopted EastLake I SPA Plan to modify the types of uses permitted 1n the Activity Center, or former Village Center, portion of the adopted SPA. Specifically, the area currently designated as Village Center (VC-I) would be divided to include 30.6 acres of MC-l, Medical Center use, 17.3 acres of VC-l, village center use, and 11.9 acres of open space/public facility. The approved 12.0-acre VC-2 area would be reduced to 10 acres and would include 6.0 acres of office/commercial VC-2 use and 4.0 acres of community purpose facil ity use, such as church use. The two acres of 1 and, located at the southeast intersect i on of EastLake Parkway and Fenton Street, is proposed to be redesignated for employment use (E-I0) and would be moved from the Activity Center to the Business Center portion of the SPA Plan. In addition to these changes, the proposal would eliminate all residential use from the Activity Center. A breakdown of the currently approved and proposed uses and the corresponding acreage is provided in the following table and is shown on Exhibit 6. Table 1 EastLake I Activity Center Land Use Statistics Land Use Retail/Commercial Office/Commercial Residential Open Space/Public Facility Medical Center Employment Community Purpose Facility District Totals Current1v AODroved 22.2 ac 12.0 ac 18.0 ac (405 du's) 19.6 ac N/A N/A N/A 71.8 ac ProDosed 17.3 ac 6.0 ac 0.0 ac 11.9 ac 30.6 ac. 2.0 ac. 4.0 ac. 71.8 ac Vi11aae Center ConceDt The EastLake Master Plan contains two Vil1 age Centers within the 3,200 acre community. These Village Centers were to be located within an "activity spine" in close proximity to a major transportation corridor. Along these transportation corridors would be the two Village Centers plus employment center, community park, school facil ities and institutional uses. Each of the residential neighborhoods would have vehicular and pedestrian access to a V ill age Center. The Kaiser Medical Center is proposed to be located within the first Vil1 age Center between future SR-125, Otay Lakes Road and EastLake Parkway. Originally, this Village Center was planned as a place where local needs of the individual residential neighborhoods would ~\-3 Page 4, Item~' ~....~ Meeting Date 6/30/92 be met. The Village Center was located at the north end of the activity corridor near the hub of the transportation system, i.e., Otay Lakes Road and SR-125. This location is in close proximity to the Business Park and the individual residential neighborhoods (Hills, Shores and Greens). The mix of uses was to be a combination of apartments, senior citizen housing, retail, civic and visitor serving commercial with water features, library, transit center, trails and other amenities. Most of the uses were planned to be low scale and oriented toward serving EastLake residents and the surrounding area. The Kaiser Medical Center, with 6 to 9 story buildings and multi-level parking structures, represents a major change to the original concept of the Village Center plan. As the Kaiser project evolved, it became obvious that the Kaiser Medical Center would not work with the small scale Village Center concept without major revisions. As a result of this realization, the Village Center was re-designed to be compatible with the Kaiser project. The residential uses were removed and a mix of specialty shopping, entertainment, restaurant, auto center, offices, and other uses were selected as being more supportive of a regional medical office center. These uses have been arranged to work with the design and scale of the Kaiser Medical Center as well as being supportive of EastLake resident's need s . The new plan for the Village Center described above is not without certain tradeoffs. The design and functioning of the Village Center becomes more cri t lea 1 when the uses become more i ntens i ve. Accordingly, the requirement for precise plan approval of each use within the Village Center will be required. 2.0 EastLake II (EastLake I EXDansionl General DeveloDment Plan Amendment (Exhibit 41 The proposed amendment to the EastLake General Development Plan consists of certain minor text amendments and a change to the General Development Plan map to change the designation of the Kaiser Medical Center site (30.6 acres) from Retail-Commercial to Public/Quasi-Public, and to change 2.0 acres at the southeast corner of Fenton and EastLake Parkway from Professional & Administrative to Research and limited Manufacturing, to move the candidate church site from the west side of EastLake Parkway to the east side, and to redesignate the remainder of the Retail-Commercial south of the Kaiser Medical Center from High Residential Retail-Commercial to Retail Commercial. ~l-4 Page 5, Item c;1\ Y6+C,o Meeting Date 6/30/92 All of the above changes to the General Development Plan are the result of the replanning of the Village Center. Essentially, the principal change starts with the prosed Kaiser Medical Center and continues through the remaining portions of the 71.8 acre Village Center to reflect uses that will be compatible with and complementary to the Medical Center. 3.0 Eastlake I SPA Plan Amendment (Exhibit 51 The proposed amendment to the Eastlake I SPA Plan consists of substantial additions to the text to describe the new design concept for the revi sed Vi 11 age Center and changes to the SPA Plan map to reflect the Kaiser Medical Center. In addition to the Kaiser Medical Center, the remaining portions of the Eastlake Village Center will include retail commercial, hotel, church and daycare, restaurants, offi ce uses, pub li c 1 i brary and a transit center. The Final Supplemental Environmental Impact Report identifies an impact arising from the movement of 405 units of rental housing out of the Village Center. The units are being removed but discussions are underway with Eastlake Development Company to relocate these units within the remaining Eastlake ownership. Rental units are important in helping the City meet its affordable housing goals. 4.0 Eastlake I Activitv Center Precise Plan Guidelines (Exhibit 61 The Eastlake Activity Center (71.8 acres) is comprised of three areas. The site north of Otay lakes Road and south of Ka i ser Medical Center is 29.2 acres. The Kaiser Medical Center is 30.6 acres. The site east of Eastlake Parkway is 10 acres, plus a 2.0 acre employment park area. In 1985, the Eastlake I SPA Plan was approved with provisions for the preparation of a precise plan for the Village Center (EastLake Activity Center described above) prior to any building construction. The idea in 1985 was that when the time came to begin constructing the Village Center, a precise plan would be prepared to guide the site planning and architectural design of the various land uses. The applicant began discussions on the Precise Plan with City staff in July 1991. The design evolved from early ideas about traditional "main street" design to the modified concept reflected in the present proposal. The "axial" concept finally settled on seemed to tie the site together functionally as well as providing pedestrian connections with the uses to the east and south. ~\ ..C; Page 6, Item d-.\ 10 ~ Meeting Date 6/30/92 The Conceptual Master plan included in the Guidelines illustrates the kinds of uses that could work well together and be compatible with the Kaiser Medical Center. The Conceptual Master Plan does not restrict the developer to specific uses. The uses are simply "typical" uses that would serve the Eastlake community and work well with the overall Village Center concept. For example, the west site might contain a theater, medical center, offices, special ity retail, restaurants, auto center, and 1 i brary. The east side might contain a health club, church, daycare center, offices and a hotel. The major theme is to create an urban village by having animation and interest in the buildings and the landscape features. The library could be a key civic element and has been located in a prominent location in close proximity to the water features which will be a dominant landscape element in the design of the site. The des i gn channe 1 s the pedestrian toward intersect ions at Fenton/EastLake Parkway and Otay lakes Road/EastLake Parkway which are safe crossing locations. A i>edestrian bridge will be located across Otay lakes Road, west of Eastlake Parkway, to facilitate the pedestrian linkage from Eastlake Greens to the Activity Center. The timing of construction of the pedestrian bridge will depend upon the traffic volume on Otay lakes Road. This description of the "end state" of the Village Center deve 1 opment is represented by the Conceptual Master Plan contained within the Eastlake I Activity Center Precise Plan Guidelines. The Conceptual Master Plan plan, coupled with the criteria contained in the Guidelines, is intended to guide future individual precise plan submittals within the area. As each precise plan is approved, the Conceptual Master Plan will be updated and, therefore, kept current at all times. As future precise plan proposals are presented, staff will determine whether there is substantial conformity of design, improvements, landscaping, and grading of the proposed use with the Conceptual Master Plan. If staff determines that the proposed use does not substantially conform to the Guidelines, then the proposed use would require an amendment by the City Council. The Conceptual Master Plan is divided into phases to show the minimum amount of area required to be precise planned with each phase. This is necessary to avoid discontinuity in the physical development of the site. Certain common amenities such as public improvements, landscaping, off-street parking, access, lighting and signage need to be included in each phase together with individual uses. ~l-~ Page 7, Item 0\ \ to+ ~ Meeting Date 6/30/92 5.0 Public Facilities Finance Plan Uodate (Exhibit 7) The original Eastlake I Publ ic Facilities Finance Plan was adopted by the City Council on February 19, 1985. The proposed Eastlake I SPA Pl an amendment requi res an update to the adopted Eastlake I Public Facilities Finance Plan. This update consists of two tasks: (1) an update of the plan to reflect changes since 1985, and (2) to identify additional public facilities needed by the Kaiser amendment, if any. The major change to the SPA Pl an since 1985 consists of the Salt Creek I amendment which changed approximately 130 acres from Business Park to residential. The Salt Creek I project consists of 550 dwelling units and is under construction. The additional publ ic facil ities needed by the proposed amendment consist primarily of traffic related facilities. Other public facil ities are adequate or will be provided by the appl icant prior to the issuance of building permits or at appropriate future times in accordance with the phased construction of the Eastlake Activity Center. 5.1 Traffic Facilities The traffic facilities required to meet the new demand created by the Kaiser Medical Center are based upon a trip generation rate of 26 ADT per 1,000 square feet of floor area. A total of 49,440 ADT would be generated by the proposed SPA Plan amendment which includes the Medical Center plus the Village Center. Of this total, 34,710 ADT would be produced by the medical center. Phase I and II of the Medical Center would generate 20,670 ADT while Phase III would generate 14,040. In comparing the Eastlake I SPA total trips to adopted plans, there are two critical comparisons. The first is comparing the total traffic generated by the entire Eastlake I SPA Plan including the Medical Center (65,794) to the total traffic assumed in the General Plan (43,750). The second is comparing the total traffic generated by the Eastlake I SPA with only Phase I and II of the Medical Center (51,174) to the total traffic assumed in the Transportation Phasing Plan (34,116). This latter comparison is the more important of the two. It indicates that the Eastlake I SPA Plan with Phases I and II of the Medical Center would generate an estimated 17,638 more ADT's than was allocated to the site in the Transportation Phasing Plan. These extra trips can be accommodated by planned improvements to the street system prior to SR-125 construction together with offsetting reductions from Eastlake's "Approved Projects" identified in the City's Transportation Phasing Plan or the trips generated by the Medical Center are less than anticipated in the traffic analysis. ~l-l Page 8, Item ~ \ .o""~ Meeting Date 6/30/92 The traffic analysis shows that all intersections would continue to operate within the City's level of service standards with the additional traffic during the interim (pre-SR 125) condition, however, the buildout situation would not meet level of service standards without additional street facilities. The mitigation measures recommended by the traffic report will properly condition the development to meet the traffic threshold standards. 6.0 Air Oualitv Imorovement Proaram (Exhibit 9) The City's Growth Management Ordinance requires that projects invol ving a SPA Plan amendment prepare an Air Qual ity Improvement Plan. This plan is intended to focus attention on those programs which can be implemented with the proposed project to reduce air pollutants. The air qual ity problem in San Diego is primarily ozone. Ozone levels are exceeding State and Federal standards. Ozone is the result of the chemical reaction of hydrocarbons and nitrogen oxide in the presence of bright sunl ight. In 1988, San Diego County exceeded the Federal standard on 45 days (.12 ppm) and the State standards on 160 days (.09 ppm). Accordingly, the Kaiser organization has prepared a transportation demand management program ~for this project. This program will concentrate efforts on reducing automobile emissions by encouraging employees to carpool, vanpool, use public transportation, bicycle or walk to work which will in turn reduce air pollutants. In addition, the Village Center site will incorporate a transit center facil ity, approved by the City Transit Coordinator, and 120 spaces of shared parking for park and ride purposes will be provided (see Public Facilities Finance Plan). 7.0 Water Conservation Plan (Exhibit 10) The Growth Management Program also requires the preparation of a Water Conservat i on Pl an for major projects. The plan prepared for the project proposes various on-site measures to conserve water usage such as ultra-low flow toilets and shower heads, faucet aerators, hot water pipe insulations and special hospital equipment. In addition, the plan proposes to implement outdoor/landscaping conservat i on measures which incl ude efficient i rrigat ion systems, moisture sensors, low water use landscaping, installation of reclaimed water lines and water conserving practices during grading and construction. Off-site measures require the applicant to comply with any future water offset poliCY adopted by the San Diego County Water Authority, local water districts or the City of Chula Vista. d.-\ ~ B' Page 9, Item d \ ~~~ Meeting Date 6/30/92 The net result of the proposed amendment with respect to water usage is an increase of .16 MGO with the proposed water conservation measures. These measures will be incorporated into the CUP conditions of approval as well as the Mitigation Monitoring Program. 8.0 Conditional Use Permit (Exhibit III The proposed medical office center involves the northerly 30.6 acres of the EastLake I Village Center. At full bui1dout, the Medical Center will contain 439 hospital beds (785,000 square feet of floor area), 485,000 square feet of medical and administrative offices, a 35,000 square foot central plant, three parking structures to accommodate 4,271 cars, and surface parking for an additional 148 cars. 8.1 Adiacent Zonina and land Use North - PC - Eastlake I Employment Park - Business Park South - PC - Eastlake I Village Center - Vacant East - PC - Eastlake I Employment Park - Business Park West - PC - SR 125 and SDG&E easement - vacant/utilities 8.2 Existina Site Characteristics The 30.6 acre site is relatively flat and currently vacant. The site has been rough graded and all abutting streets and util ities are installed. The community trail connecting Eastlake Hills and Shores to the Village Center is located along the west side of Eastlake Parkway. Eastlake Parkway is a 4-1ane road with a landscaped median which provides access to the Village Center. 8.3 ProDosed Use The medical center would be constructed in three phases. Phase I would be devoted to the construction of a medical office building, parking structure, and central plant. Construction is proposed to begin in 1993, with completion of the first phase by 1995. Phase 2 would begin approximately one year after the start of Phase I and is expected to be completed by 1997. Phase 2 would consist of the first of two hospital wings and a parking structure. The third phase of the project would only be constructed when membership growth is sufficient to warrant the provision of the second hospital wing expansion of the medical office building and parking structure. The medical office building (Phase I) is six stories with a penthouse and the hospital towers (Phases II & III) are seven stories with a penthouse. The ~xpanded medical office building (Phase III) would be nine levels. ~l-~ 8.4 Page 10, Item a.l~...L Meeting Date 6/30/92 The parking structure would be constructed in three phases along the western project boundary and would range in height from five levels at the southerly end to seven levels at the northerly end. Loading and unloading is located between the hospital and the parking structure. The loading areas are screened from the north and south ends, while permitting through access only to fire protection/emergency vehicles. Vehicular circulation is controlled by an on-site loop road connecting EastLake Parkway to Fenton Street (extended). Vehicle entrance to the site is assigned primarily to one or more user groups as follows: Northeast entrance - Service, maintenance, employee, staff doctors, and ambulance. Southeast entrance - General public, drop-off patient, walk-in emergency Southwest entrance - Patient and visitor Located between the medical office buildings and the hospital is a publ i c courtyard at multi pl e 1 evels. Stairways, 1 andscapi ng, water features, and outdoor dining are intended to make the courtyard the main public meeting place within the complex. The diagnostic and treatment portion of the hospital is 3 stories tall and is located along the north side of the courtyard. Reason for Location of Kaiser Medical Center at EastLake Kai ser Permanente has projected a need for a new medical office center to serve their South Bay membership. The timeframe for planning and constructing a facility of this type is typically seven years. The current membership in the South Bay is approximately 100,000, which is enough members to support the proposed facility today. Kaiser has evaluated its needs and found that its existing main hospital facility (the Zion facility) has a service capacity of approximately 300,000-350,000 members with a current demand of 393,000 which will grow to 500,000 by 1998. The Chula Vista facility will reduce the overcrowding at the Zion facility and provide more convenient medical service to Chula Vista residents and employers. Kaiser has evaluated over 40 site~ in the South Bay over the past 10-15 years. These investigations were narrowed down to five sites - all of which are within or near the City of Chula Vista. These sites included locations on Baldwin's property north of Telegraph ~\-Ir) Page 11, Item a.. \ ~+<!J Meeting Date 6/30/92 Canyon Road, south of Telegraph Canyon Road, Rancho Del Rey, an EastLake IV site near future Orange Avenue, and the EastLake I site. Each of the fi ve sites was evaluated for med i ca 1 center sUitability and expected time required to process the necessary permits. Three of the sites were in the unincorporated area and not planned or zoned for urban development. The remaining two sites were in the City of Chula Vista and planned for urban development. The Rancho Del Rey SPA III site which is north of Telegraph Canyon Road was designated for a school and park site and surrounded on three sites by res i dent i a 1 development. The EastLake I site was designated for commercial/office development and was selected as the preferred site in accordance with Kaiser's site selection criteria. 8.5 Circulation The main entrances to the medical center would be from the extension of Fenton Street and opposite Miller Drive from EastLake Parkway. Regi ona 1 access to the property would eventually be provided by SR-125 as well as Otay Lakes Road. A full interchange is proposed at Otay Lakes Road. In addition, a half-diamond interchange at EastLake Parkway/SR-125 would facilitate access and relieve congestion at SR-125 and Otay Lakes Road. This half-diamond interchange is not currently pl anned as part of SR-125 and must receive approval from CalTrans before it could be constructed. All intersections would operate at acceptable levels of service with the project (exclusive of Phase III) with planned TPP improvements during the pre-125 condition. The pre-125 mitigation measures include widening Telegraph Canyon Road to 6 lanes plus widening East "H" Street to 8 lanes from I-80S to Hidden Vista Drive. Also, an access road from Otay Lakes Road up to Fenton Street (extended), will be constructed. EastLake Parkway will be widened to six lanes between Otay Lakes Road and Fenton Street. Otay Lakes Road will be widened to 8 lanes between SR-125 and EastLake Parkway. 8.6 Land Use/Comoatibilitv The pri mary goal of the proposed project is to construct a new Kaiser Permanente Medical Office Center on the 30.6 acre site to serve Chula Vista and other South Bay Kaiser members who are currently going to the Zion facility in San Diego to receive medical care. The Kaiser facH ity is clearly a regional medical office/hospital center. It is located within the Activity Corridor which will be served by the future SR-125 transportation corridor. This Activity Center is part of the larger EastLake master plan concept which includes a number of more intensive land uses such as commercial, high school, churches, community park, higher density residential, ~1...ll Page 12, Item a...\ ~~Q.. Meeting Date 6/30/92 etc. located between SR-125 corridor and EastLake Parkway. Thi s location for a regional medical office/hospital center is-compatible with the overall EastLake master plan. 9.0 Precise Plan - Kaiser Medical Center (Exhibit 12) The initial design of the Kaiser Precise Plan was reviewed by the Design Review Committee on April 27. The expressed concerns about the project architecture and site design focused on: Length and massing of the proposed parking structure, especially along the westerly building facade. Proposed setbacks for the hospital and medical office building structure, spec i fi ca 11 y Phase II I nurs i ng tower and Phase II I medical office building expansion. Medical office building overall "monolithic" form. Spatial and architectural relationships between the medical office building and the southern portion of the Activity Center. Central Plant area screening. Design and screening of the courtyard area between the medical office building and hospital loading areas. Color palette and use of materials on buildings and common space areas. Processing and timing of Phase III. On May IS, 1992, the project architect presented a number of schematic design solutions and modifications to address the concerns raised by the DRC on April 27, 1992. The proposed modifications included: a. Reduction of Phase II parking segment from 7 levels to 6 levels. b. Reduction of the southern portion of Phase III parking structure from 9 levels to 6 levels. c. Reduction of the northern portion of Phase III parking structure increment from 9 levels to 7 levels and horizontal staggering of upper parking levels along EastLake Parkway. d. Horizontal staggering of Phase III Medical Office Building mass. ~\ "1.2- Page 13, Item~\~~~ Meeting Date 6/30/92 The Design Review Committee reviewed the revised design of the Kaiser Medical Center on June 8, 1992. The DRC recommended approval with conditions necessary to ensure that the project is functionally and aesthetically balanced and properly designed. A large scale model of the medical center has been prepared by the applicant to demonstrate the site and building relationships. This model will be available at the public hearing and will be used to discuss the principal features of the project's design. 10.0 Develooment Aareement (Exhibit 13l The attached Development Agreement between Kaiser Permanente and the City of Chul a Vi sta represents an agreement to vest the vari ous permits in return for certain extraordinary benefits to the City of Chu1a Vista. These benefits constitute additional opportunities for mutua 1 cooperat i on between Kaiser and the City. The general terms of this agreement are described in the attached memorandum from John Goss, dated June 10, 1992 (Exhibit ~). 11.0 Conclusion The combined processing and public hearing for the various plans and permits included in this project is unique. Normally, the planning amendments would be separated from the zoning and design permits. By combining both permits into a single process, the time required to process this project was reduced by over 50%. The attached resolutions which contain the conditions of approval include all of the EIR Mitigation Measures contained in the Environmental Impact Report. FISCAL IMPACT: The fiscal impact of the Kaiser Medical Center is included in Appendix I of the Technical Appendices to the Eastlake I SPA Plan Amendment/Kaiser Environmental Impact Report. The Eastlake Activity Center's annual impact after buildout is projected to be a positive $263,009 per year in current 1992 dollars. WPC 0340p ~I-l~ Il. THE CIT. JF CHUL4 VISTA PAR7Y DISCLOSURE STATEMENT St:ll.:ment of disclosure of cc:rtain ownership interests, payments, or campaign contributions, on all mattcrs which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract. i.e., contractor, subcontractor, material supplier. Unknown "' If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A ~ .'. If any person identified pursuant to (1) above is non-profit organization or a 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. N/A 4. H:1VC: you had morc: than S250 worth of business transacted with any membc:r of the City staP' Boards, Commissions, Committees and Council within the past twelve months? Yes i'\o XX If yes. pkasc: indicate person(s): " Pkase identify each and every person, including any agents, employees, consultants or independent contractors who you have assignt:d III reprc:selll you before the City in this matter. HMC Architects, .' Have you and/or your officers or agents, in the aggreg:lle, contrihuted more than S !.OOl) to a Cllul1cilmemhcr in th.: current or preceding eJection period? Yes _ No XX If yes, stat.: whieh Councilmemh.:r(s): P,,'f", 'n is defined :ts: -AllY illdi";{/iwl. firm, (o-p"rtlJe'rsJul', joi"t "{'IIII11"(', tis.rocicl/ioll, sodal club. frat('nUlI (1/:~nllizfl1im'. ('0'1'1"(1(;("" ('.'/tllt', Im.u. ''t'fein'" .\rlll/iCmt', Il1i.\" (/lId tllIY OI11e'r COWl/Yo CilY flllil '()",m,~ city. mlllliciJ'dli~\~ ,1i.uricl or milt'" J'oli/kill Ju/llfili''''OJl. 4 "r ,:IIY OIlIer group or comhmmion llcling il.f " 'mil." , KAISER FOUNDATION HOSPITALS D::l.:: I;\OTE: AlIa,1I :,dditinnall'aJ!cs as nCl'c":"~\') ~k :; I \'1tt2. By: '. \ ;):'(,I.(lSI.":'~ I'! CAA'2.\.E~ \'-AMI""~"-\ ", ill! Ilr typ.' lIam~ or 1'()l!tr:'l'tor::q'i'Ii,'::11l : ;< ,"\ .. t., 1 !, . . .." I~ dl-1i (9 BONITA BUSINESS & PROFESSIONAL ASSOCIATION Founders and Sponsors of the Bonitafest June 25, 1992 Honorable Mayor Tim Nader and City Council Members City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Honorable Mayor and Council Members; On behalf of the Bonita Business and Professional Association, Founders and Sponsors of the annual Bonitafest, and the Bonitafest Committee, I am writing this letter of request for assistance and support from the City of Chula vista. Th~ Bonitafest Committee is asking you to please consider our request for the sum of three-thousand dollars ($3,000). This is the amount required to assist in paying for Shuttle Bus services throughout Bnnitafest Day, as well as services provided by the City of Chula vista Police to promote our community event. This request is minimal compared to the eighteen-thousand ($18,000) assisting the Harbor Days event. I would like to further remind you, that along Bonita Road, all of the businesses are in Chula Vista, and are taxed accordingly. This monetary assistance will go back into the city of Chula vista for your services. Thanking you in advance for your consideration for our 20th An~t.;.al ':\'iild (';8S-\..." Bonitafe~i.:. which will be neld on saturday, September 26th. You are invited to attend this wonderful event for the community. If I can be of any assistance or answer any questions regarding the above request, don't hesitate to call me. sincerely, 4ir:h"~ ?M'r~~ite Maniscalco, Bonitafest Chairwoman CC: T. Pat Cavanaugh, President B.B.P.A. NM:pd W~ITTEN COMMUNICATIONS +' '::',1 '':' i o '~~'" ;'\~'c c.c, '\,:..~,,:,<--, ~>),\" , \', POST ,O~ICE BOX 284~BONITA~LIFORNIA 92002 (619) 425-5355 ~ /f{/~<?-c ..5 Q: - / RECElVEOBURTON C. TIFFANY ELEMENTARY SCHOOL fYI'A 1691 Elmhurst Street Chula Vista, CA 91913 CI'j"V.. ..... 'C'.."A I .'..... . .;j, erTY CL.i.,-, ~y'riCE July 8, 1992 <...~. " ','l:. Ij<\\ , ~, \\ .92 ..u.-9 :~no :5i f'. 9 City Clerk Chula Vista City Council P. O. Box 1087 Chula Vista, CA 91912 ATTN: Mayor and City Council: For the eighth year, Tiffany Pl'A is hosting a craft fair to be held November 21, 1992, at the gymnasium at Bonita Vista High School, from 9:00 a.m. to 3:00 p.m. Handicrafters from San Diego County have been invited to participate in this fair. I request that the City Council waive any license requirements for the holding of this fair, inasmuch as all proceeds will go into a general fund to be used by Tiffany PI' A on service projects and other programs to benefit the children of our school, and the entire school community. Thank you for presenting this on our behalf. Sincerely, '-/YLQAJJ..{jln ~k{l./v-;r, Marilee Castenholz McKelvey , Craft Fair Chair 421-6980 Please send any correspondence to Marilee at 1615 Gotham Street, Chula Vista, CA 91913. Thank you. , c/,~ WRITTEN COMMUNICA TIO~\:? ~ ., ~ ~L") , 7);./?~ Vi-. :;~W~ '-1 / j);., * U~ o/t(~ -.JD- COUNCIL AGENDA STATEMENT Item ~ Meeting Date 07/21/92 ITEM TITLE: Resolution California Establish Project. Resolution I~ 7/1 Amending FY 1992-1993 Budget to Include the Household Hazardous Waste Educa tion Pro j ect and add a Temporary, Part-time Position in Unclassified Service in the Environmental Management Unit and Appropriating Funds Therefor. I~ 7/t) Household a Household Accepting a State of Hazardous Waste Grant to Hazardous Waste Education SUBMITTED BY: Conservation Coordi-natortkB REVIEWED BY: City ManagerJb b~~) (4/5ths Vote: Yes-1LNo_) BACKGROUND: Last February, staff developed a proposal for a Household Hazardous Waste Reduction, Alternatives, and Disposal Educational Awareness Project; Council authorized a $47,826 application to be submitted to the State of California, Integrated Waste Management Board ("Board") and authorized the City Manager to execute the contract when and if received. The City has now been notified of a $25,050 award. The grant process was very competitive, with the Board receiving 54 applications requesting over $3.5 million in funding. The Board awarded grants to 14 applicants, for a total of $338,829 (Attachment A is a listing of grant recipients). Accepting the grant obligates the City to hire an intern to carry out the Project; as described in this report, the intern will be fully reimbursed by grant funds. California State Health and Safety Code prohibits the disposal of hazardous waste at solid waste landfills. The County of San Diego, in order to enforce the State law is currently conducting load checks of vehicles entering the landfill; vehicles found to contain hazardous materials may be fined. Today, hazardous materials can be found in almost every house and come in many forms, including household cleaners, automotive products, paints and solvents and pesticides. Chula Vistans dispose of an estimated 400 tons of household hazardous waste each year, most of which ends up at the Otay Landfill. It is staff's intent to utilize the grant funds to provide information to Chula Vista residents and school children about the importance of using alternatives to toxic household hazardous products when available and to properly dispose of waste from household hazardous products. Council action is now required to allow the project to begin. ~-J RECOMMENDATION: Approve the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission will review this report at their July 20th, 1992 meeting. Minutes can be forwarded to Council after the RCC action; a brief oral report of the RCC member's comments may be given to Council at this meeting, if requested. DISCUSSION: The Household Hazardous Waste Reduction, Alternatives, and Disposal Educational Awareness Project ("RAD Project") will provide information and educational materials to school children and adults in the Chula Vista community. The Project will involve targeting classrooms (K-Middle and Junior High) for household hazardous waste curricula usagel, conducting high school and adult presentations, a sticker campaign for young children, mobil educational display uni t, distributing consumer awareness materials, and small business hazardous materials awareness outreach. Attachment B is a detailed work statement for the Project. A portion of the grant funds, $7695, will be utilized to fund the salary, benefits and mileage reimbursement of an intern to work with the City's Conservation Coordinator to implement the Project. Additionally, $10,728 of the grant funds will be utilized to subcontract with the County's Household Hazardous Materials Program educational contract holder2 to provide classroom presentations, teacher in-service trainings and corresponding curricula, presentations to adults (both in English and in Spanish) and printed materials. Grant funds amounting to $1,226 have also been awarded to purchase a mobile educational display unit that will provide pictures, samples and information on household hazardous waste to be set-up in public areas. Additional grant funds of $5,701 will allow the purchase of educational stickers for young children and consumer awareness guides (English and Spanish). FISCAL IMPACT: The total cost of the proposed Household Hazardous Waste Reduction, Alternatives, and Disposal Educational Awareness Project is $33,383. The City's "hard match" for the Project includes $215 for design and printing costs, $45 for copying and $40 for postage. The total amount requested for appropriation is $25,350. This includes $25,050 for Project activities which will 1 This curricula and other ioformational materials have been developed by the Environmental Health Coalition (EHC), a local non-profit organization contracted by the County of San Diego to provide regional educational awareness of hazardous waste. . 2 At this time, the contract awarded to the Environmental Health Coalition has ended. A competitive bid process is under way; a new contract will be awarded sometime in early August. The City will then subcontract with the entity that is awarded the County's HHW educational contract. 2 ~''< be fully reimbursed through the grant. It is proposed that the additional appropriation of $300 come from the Waste Management Trust Fund, established by Council to assist with residential solid waste reduction and recycling. An additional $5,413, as "soft match" for the grant, will be provided through the activities of the Conservation Coordinator ($4,540), printing staff ($164) and related support staff ($709) which is therefore currently appropriated. An in-kind donation of literature, valued at an estimated $930, and media assistance and technical consultation, valued at an estimated $1,825, will be provided by the County of San Diego and its Household Hazardous Materials Program educational contractor. 3 ~~J ATTACHMENT A CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD RESOLUTION 92-66 APPROVAL OF DISCRETIONARY GRANTS WHEREAS, Public Resources Code Section 46401 requires the Board to award-grants to cities, counties, and local agencies with responsibility for waste management for local programs that help prevent the disposal of hazardous waste, including household hazardous waste at solid waste facilities; and WHEREAS, the Board complied with Public Resources Code Section 46208 by adopting regulations specifying procedures for the issuing of grants for the Solid Waste Disposal site Cleanup and Maintenance Account; and WHEREAS, Board staff solicited applications for Discretionary Grants from December 2, 1991 through February 28, 1992; and WHEREAS, 54 applications were received before the February 28, 1992 deadline; and - WHEREAS, Board staff reviewed the applications to determine their conformance with the regulations in Title 14, California Code of Regulations (14 CCR), Division 7, Chapter 7, Articles 1,1.1,2, and 2.1; and WHEREAS, Board staff has determined 14 applications are eligible for grant funding; NOW, THEREFORE, BE IT RESOLVED, that the Board hereby awards the following 14 Discretionary Grants in the following amounts: 1. city of Oroville 2. County of Calaveras 3. city of Martinez 4. City of Santa Clarita 5. county of Mono and city of Mammoth Lakes 6. city of Big Bear Lake 7. city of Chino 8. city of Fontana 9. City of Rialto 10. City of Chula vista 11. County of Tuolumne 12. County of Ventura, Cities of Simi Valley and Thousand Oaks 13. city of West Sacramento 14. City of Woodland $57,388 43,500 7,681 25,156 64,100 17,259 21,300 5,956 16,093 25,050 24,766 7,800 21,705 1,075 TOTAL $338,829 ~-r CERTIFICATION The pndersigned Executive Director of the California Integrated Waste Management Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the California Integrated Waste Management Board held June 24, 1992. d~ JUN 241992 /}/ . ~z:.~ Ralph E, Chandler Executive Director t,-5' ATTACHMENT B City of Chula Vista WORK STATEMENT The City of Chula Vista will complete the following tasks as related to the project objectives in order to establish a public education and community awareness campaign to promote household hazardous waste reduction, alternatives to toxic products, and proper disposal. OBJECTIVE 1. TO FOSTER AN INCREASED AWARENESS IN SCHOOL CHll.DREN OF TIlE PROBLEMS CREATED BY TIlE PRESENCE OF HHW IN TIlE HOME, COMMUNITY AND IN TIlE ENVIRONMENT Task 1. Employ and Maintain Project Intern ADesign employment announcement B.Distribute announcement C.lnterview prospective employees D.F ormalize hiring E.Supervise Intern and monitor accounting for Intern Salary F.1dentify the person receiving intern position and send to CIWMB Project Manager Task 2. Establish ongoing relationship with Chula Vista Elementary and Sweetwater Union High School Board of Education and curricula administrators for area schools AMake contacts via telephone B.Describe Project and available curricula and in.service training, presentations, and literature C.Meet with interested personnel D.Begin dialogue for institutionalizing HHW curricula usage in schools on an ongoing basis Task 3. Verify use of HHW curriculum AObtain listing of schools/classrooms which have provided in-service training and curricula B.Contact schools/classrooms listed directly 1. Record information regarding current usage of curricula Task 4. Create synopsis of curricula usage ACompile curricula usages into document 1. Send copy of document to CIWMB project manager B.Obtain additional information on further curricula use from the subcontractor and other San Diego area teachers Product: Curricula Usage Document ~-~ Task 5. Target Chula Vista area elementary and junior high schools for subcontractor curricula usage and/or presentations ADraft and prepare letters describing project and its availability 1. Direct letters to school principals, curricula administrators, etc. for distribution to teachers 2. Letters would describe appropriate curricula for targeted grade level 3. Send one copy of final copy of letter to ClWMB Project Manager Product Subcontractor curricula usage letter Task 6. Detennine classrooms targeted for curricula usage, in-service training, and presentations A.Compile list of principals, administrators and teacher who have expressed an interest in utilizing the curricula or receiving presentations 1. Cross check list to establish geographic dispersion and range of grade levels 2. If necessary to achieve desired number of classrooms, contact by telephone additional schools to discuss use of the curricula B.Meet with principals, administrators, and teachers as necessary to establish targeted classrooms C.Send one copy of classroom list to CIWMB Project Manager Product: List of classrooms targeted for curricula usage~ in-service training, and presentations Task 7. Set dates and locations for teacher in-service training A.Establish training schedule and arrange for training locations B.Notify teachers to training times and locations appropriate for their grade level C.Reconfirm dates to verify attendance Task 8. Conduct teacher in-service training and provide one copy of curricula to each participating teacher A.Prepare for in-service training B.Set-up for training C.Conduct training and distribute curricula 1.Project Intern/Conservation Coordinator will present overview of project and HHW information and collection programs specific for Chula Vista 2.Subcontractor staff will present curricula and usage D.Send one copy of training package materials to CIWMB Project Manager 2 t-7 City of Chula Vista Exhibit A HD-91-0309-37 Task 9. Compile list of classrooms requesting HHW presentations (Use same criteria as in Task 6) AList will be compiled concurrently with list for in-service training, with additional targeting as necessary, through direct contact with school administrators, teachers, students, and interested parents. B.Submit one copy of list to CIWMB Project Manager Product: List of classrooms requesting HHW presentations Task 10. Define targeted classrooms for presentations and schedule training AEstablish targeted classrooms for presentations B.Consult with teachers and subcontractor staff to determine the best times to offer presentations C.Establish presentation schedule D.Confirm and reconfirm presentation schedule with participating teachers Product: Classroom Presentation Schedule Task 11. Conduct classroom presentations A.Prepare presentations B.Set-up display of product samples and video C.Conduct training I.Project Intern/Conservation Coordinator will present overview of project and HHW information and collection programs specific for Chula Vista 2.Subcontractor staff presents curricula and usage D.Submit training package to CIWMB Project Manager for approval Task 12. Distribute informational materials to school children AObtain HHW written informational materials developed by the subcontractor and San Diego County I.Print additional copies of the City's HHW informational flyer 2. Distribute materials B.Submit one copy of informational materials to CIWMB Project Manager for approval Task 13. Implement disposal awareness "Sticker" campaign for K-3 grades ADesign and print stickers. Model after "Mr. Yuk" and utilize slogan "Use Me Up and Dispose of Me Properly" as models. 1. Submit copy of sticker to CIWMB Project Manager B.Distribute stickers at presentations for K-3 and adults 1. Encourage children to place stickers on HHW containers in the home Product: HHW Sticker 3 ~...8' City of Chula Vista Exhibit A HD-91-0309-37 Task 14. Design and Distribute Coloring Sheets Utilizing County Logo AObtain County logo B.Design coloring sheets 1. Submit coloring sheets to ClWMB Project Manager for review and comment C.Print coloring sheets D.Distribute to children in classrooms and at community events Product: Coloring sheers OBJECITVE 2. TO FOSTER AN INCREASED AWARENESS IN ADULTS OF TIlE PROBLEMS CREATED BY lHE PRESENCE OF HHW IN lHE HOME, COMMUNITY, AND IN THE ENVIRONMENT. Task 1. Obtain informational materials for adults from the County, the subcontractor, and City. A.Gather County and subcontractor literature for future distribution B.Print additional copies of City HHW flier C.Send one copy of all literature to CIWMB project manager Product: City, County and Subcontractor HHW Uterature Task 2. Create list of libraries, community centers, high schools, and retail centers as literature distribution sites A.List all current HHW literature distribution sites B.List potential new distribution sites C.Develop merged list for distribution of literature Product: List of locations for HHW education materials distribution Task 3. Deliver literature to sites on distribution list A.Maintain record of site and amount of literature distributed B.Periodically count literature at distribution sites and replenish literature as needed C.Continue to maintain ongoing literature at all literature drop off points D.Monitor sites for effectiveness by maintaining contact with site manager and by consulting records for quantity of literature drop off and frequency E.Mailliterature as requested by citizens .4 (P'? City of Chula Vista Exhibit A HD-91-0309-37 Task 4. Purchase mobile educational display unit A.Work with vendor to order unit and accessories B.Augment unit with photographs, signs, and product samples C.Experiment with appropriate and effective display set-up Product: Mobil educational display writ Task 5. Target locations for mobile display set-up A.Create potential list for display set-up B.Make contact list for display set-up C.Establish schedule for display set-up D.Confirm schedule dates with site manager and reconfirm as date approaches Product: Schedule of dates and locations for mobile display writ set-up Task 6. Deliver and set-up mobile educational display unit ADeliverdisplay unit to scheduled location B.5et-up display unit C.Monitor display unit for literature and general up-keep Task 7. Target groups for adult HHW educational presentations AList all potential groups, including seniors, Mexican Americans, community service organizations B.Contact all potential organizations to discuss availability of presentations C.Establish list of all interested organizations. Prioritize by target group and geographic dispersion D.Consult with subcontractor staff and organization staff to establish schedule and location for presentations E.Confirm schedule and reconfirm as presentation date approaches F.Submit list to CIWMB Project Manager Product: List of interested organizations for adult HHW presentations and presentation schedule Task 8. Conduct presentations to targeted adult groups A.Conduct presentations in English and Spanish B.Promote use of County of San Diego's HHW hotline C.Promote increased awareness and use of APTEC permanent HHW disposal facility in Chula Vista and County Mobile HHW collection events 5 ~-If) City of Chula Vista Exhibit A HD-91-0309-37 Task 9. Utilize existing Neighborhood Watch Volunteer Program (NWVP) for neighborhood contact AAttend NWVP meetings and contact volunteers to recruit block captains and others to distribute literature B.Work with volunteers to sponsor neighborhood forums on HHW C.Participate in neighborhood events D.Write articles for Neighborhood Watch Program newsletter and develop inserts for monthly mailings to block associations 1. Send one copy of article published in newsletter and insert E.Promote increased usage of recycled paint in anti-graffiti programs and community clean-ups Product Newsletter article and insert Task 10. Contact volunteer and civic organizations to recruit volunteers for literature distribution AContact potential organizations and City Departments B.Arrange to discuss volunteer opportunities/announce opportunities though newsletter, flier, or other means Task 11. Coordinate staff for participation in city community events AMake arrangements to set-up HHW mobile educational display unit and distribute literature at community events B.Attend events, set-up display unit, staff booth C.Submit one copy of schedule and program report to ClWMB Project Manager Product: Participation schedule for community events Task 12. Distribute HHW information at recycling presentations and employee recycling program training in conjunction with ongoing recycling programs A.Distribute literature and give oral presentations to residents and employees B.Jnclude HHW disposal information as it relates to small businesses Task 13. Establish waste exchange program for businesses A.Work with area industries and business to establish list of HW by products available for use in other industries B.Coordinate listing with ClWMB's CALMAX 6 ~-II City of Chula Vista Exhibit A HD-91-0309-37 OBJECTIVE 3. TO FOSTER CONSUMER AWARENESS OF NONTOXIC ALTERNATIVES TO TIlE USE OF TOXIC PRODUCTS COMMONLY FOUND IN HOUSEHOLDS. Task 1. Print Consumer Shopping Guide of HHW products and alternatives A Wotk with subcontractor to print shopping guide B.Send 10 copies of guide to CIWMB project manager Product: Shopping Guide Task 2. Develop Spanish translation of Consumer Shopping Guide ADevelop translation B.Print Spanish shopping guide C.5end 10 copies of guide to ClWMB project manager Product: Spanish shopping guide Task 3. Target locations and set dates for mobile display set-up and distribution of Consumer Shopping Guide ACreate potential list for display set-up and literature distribution B.Make contact list for display set-up and literature distribution C.Establish schedule for display set-up and literature distribution D.Confirm schedule dates with site manager and reconfirm as date approaches E.Coordinate with staff and make arrangements to set-up HHW mobile educational display unit and distribute literature at community events F.Attend events, set-up display unit, staff booth G.Submit copy of schedule and program report to CIWMB Project Manager (if combined with Objective 2, Task 5 okay to submit one list) Product: Schedule of dates and locations for mobile display unit set-up and community events Task 4. Create and distribute consumer lists of toxic products used by children, pre-teen and young adults and present alternatives AGather and evaluate existing literature on toxics used by youth and alternatives B.Jncorporate information into development of youth consumer shopping guides l.Submit draft guide to CIWMB project manager for comment and approval 2.Jncorporate CIWMB Project Manager comments, as mutually agreed upon 3.Send 10 copies of youth guide to CIWMB Project Manager Product: Youth guide to consumer products and alternatives 7 ~ -/,;( City of Chula Vista Exhibit A HD-91-0309-37 Task 5. Develop list of retail stores for permanent point-of-purchase signage for non-toxic products that can be used as safe alternatives to common household toxies ADevelop list of retail stores known to be environmentally concerned B.Contact manager or other parties to discuss project and potential for participation C.Negotiate establishment of model program D.Submit list to CIWMB project manager Product: List of retail stores Task 6. Design point-of-purchase signage, place in retail stores with HHW literature A.Design signs l.Submit draft signs to CIWMB project manager for review 2.Incorporate CIWMB project manager comments, as mutually agreed on 3.Send one copy of each sign to CIWMB project manager B.Place signs in retail stores at points. of. purchase C.Place literature in central location D.Monitor signs and literature for replacement need E.Continue contact with store manager for feedback evaluation Product: Point of purchase signs OBJECTIVE 4. TO EDUCATE THE WASTE GENERATOR ABOUT THE PROPER DISPOSAL OF HHW TO SIGNIFICANTIY INCREASE THE NUMBER OF CHUIA VISTA RESIDENTS PARTICIPATING IN PROPER DISPOSAL OF HHW. Task 1. Work with media to promote HHW awareness and advertize availability of collection at APTEC in South Bay region A.Develop at least 2 PSAs B.Develop and distribute bi-monthly news releases C.Work with County staff to include Project specific information in regular South Bay news releases Product: PSAs and news releases 8 6"1:; City of Chula Vista Exhibit A HD-91-0309-37 OBJECTIVE 5_ TO INSTITlTTIONAUZE HHW CURRICULA AS PART OF THE CHULA VISTA ELEMENTARY SCHOOL DISTIUCf'S AND THE SWEE1WATER UNION HIGH SCHOOL DISTIUCf'S EDUCATIONAL PROGRAMMING AS WELL AS FOSTERING ONGOING ADULT HHW AWARENESS_ Task 1. Monitor HHW curricula and awareness project and project effectiveness AEvaluate project as proposed in Element 11 of objective 1 B.Submit one copy of evaluation to CIWMB project manager Product: Project report containing monitoring and evaluation data 9 t. -Ii RESOLUTION NO. /~ 7ft? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A STATE OF CALIFORNIA HOUSEHOLD HAZARDOUS WASTE GRANT TO ESTABLISH A HOUSEHOLD HAZARDOUS WASTE EDUCATION PROJECT WHEREAS, last February, staff developed a proposal for a Household Hazardous Waste Reduction, Alternatives, and Disposal Educational Awareness Project; Council authorized a $47,826 application to be submitted to the State of California, Integrated Waste Management Board and authorized the City Manager to execute the contract when and if received. WHEREAS, the city has now been notified of a $25,050 award, with only 14 applicants receiving awards for a total of $338,829, out of 54 applications requesting over $3.5 million in funding. WHEREAS, California State Health and Safety Code prohibits the disposal of hazardous waste at solid waste landfills. The county of San Diego, in order to enforce the State law is currently conducting load checks of vehicles entering the landfill; vehicles found to contain hazardous materials may be fined. WHEREAS, Chula vistans dispose of an estimated 400 tons of household hazardous waste each year, most of which ends up at the Otay Landfill. WHEREAS, It is staff's intent to utilize the grant funds to provide information to Chula vista residents and school children about the importance of using alternatives to toxic household hazardous products when available and to properly dispose of waste from household hazardous products. NOW, THEREFORE, BE IT RESOLVED that the City of Chula vista does hereby accept a State of California, Integrated Waste Management Board Household Hazardous Waste Program Grant to establish a household hazardous waste education project. Athena Bradley Conservation Coordinator Bruce M. Boogaar city Attorney by Presented by i3=r ~ ~~-I RESOLUTION NO. /67/1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FY 1992-1993 BUDGET TO ADD A TEMPORARY, PART-TIME POSITION IN UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT PROGRAM AND APPROPRIATING FUNDS FOR SUCH PROGRAM AND POSITION WHEREAS, last February, staff developed a proposal for a Household Hazardous Waste Reduction, Al ternati ves, and Disposal Educational Awareness Project; Council authorized a $47,826 application to be submitted to the State of California, Integrated Waste Management Board and authorized the city Manager to execute the contract when and if received. WHEREAS, the City has now been notified of a $25,050 award, with only 14 applicants receiving awards for a total of $338,829, out of 54 applications requesting over $3.5 million in funding. WHEREAS, the RAD Project will involve targeting classrooms (K-Middle and Junior High) for household hazardous waste curricula usage, conducting high school and adult presentations, a sticker campaign for young children, mobil educational display unit, distributing consumer awareness materials, and small business hazardous materials awareness outreach. WHEREAS, a portion of the grant funds, $7695, will be utilized to fund the salary, benefits and mileage reimbursement of an intern to work with the City's Conservation Coordinator to implement the project. WHEREAS, an additional amount of $10,728 of the grant funds will be utilized to subcontract with the county's Household Hazardous Materials Program educational contract holder to provide classroom presentations, teacher in-service trainings and corresponding curricula, presentations to adults (both in English and in Spanish) and printed materials. WHEREAS, grant funds amounting to $1,226 have also been awarded to purchase a mobile educational display unit that will provide pictures, samples and information on household hazardous waste to be set-up in public areas and additional grant funds of $5,701 will allow the purchase of educational stickers for young children and consumer awareness guides (English and Spanish). WHEREAS, the total cost of the RAD Project is $33,383 and the City'S "hard match" for the Project is $300 and an additional $5,413, as "soft match" for the grant. 1 ~O-I NOW, THEREFORE, BE IT RESOLVED that the City of Chula vista does hereby amend the FY 1992-93 budget to add a temporary, part-time position in the Unclassified Service in the Environmental Management Unit. BE IT FURTHER RESOLVED that the sum of $25,050 is hereby appropriated from the unappropriated balance of the General Fund and $300 appropriated from the Waste Management Trust Fund and transferred into the following accounts: $7,090 into Account 270-2705-5105 $104 into Account 270-2705-5143 $266 into Account 270-2705-5145 $235 into Account 270-2705-5225 $10,578 into Account 270-2705-5201 $636 into Account 270-2705-5212 $1,226 into Account 270-2705-5568 $5,175 into Account 270-2705-5331 $40 into Account 270-2705-5218 ~ by ~ Presented by as to Athena Bradley Conservation Coordinator Bruce M. Boogaard City Attorney 2 tlJ~~ /1P7J~ RESOLUTION NO. ***** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 1992, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Chula Vista, California, on Tuesday, June 2, 1992, as required by law; and, WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the El ect ions Code of the State of Cali forni a for the ho 1 di ng of e 1 ecti ons in charter cities; and, WHEREAS, pursuant to Resolution No. 16077 adopted February 26, 1991, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council, the results are received and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the number of ballots cast at the polls was 20,926 with 5,888 absent voter ballots for a grand total number of ballots cast in the City of 26,814; and SECTION 2. That the two propositions voted for at the election are as follows: Name: Yes: No: Proposition H - Advisory: Bi-National Airport at Otay Mesa Proposition J - Charter Amendment Run-off Elections 4,403 21,054 12,298 11,762 SECTION 3. That the number of votes given at each precinct and the number of votes gi ven in the City to each propositions are 1 i sted in Exhi bit "A" attached. SECTION 4. The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing: (1) the whole number of ballots case in the City; (2) the names of the propositions voted for; and (3) the number of votes given at each precinct to each proposition. PASSED, APPROVED, and ADOPTED this ** day of July, 1992. 7'/ Resolution No. ***** Page 2 Presented by: Beverly A. Authelet, City Clerk ?,:;.. 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':}Jl\ City ManagerJC, \}':\ ,/ (4/5ths Vote Yes_No.lLl ITEM TITLE: REVIEWED BY: RECOMMENDATION: Approve the Agreement BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: August 4, 1992 will represent the ninth annual "National Night Out." National Night Out is a nationwide effort to heighten crime prevention awareness, strengthen neighborhood spirit and police-community relations, generate support and participation for local crime prevention programs and sending a message to criminals that our communities are organized and fighting back! This evening all neighborhoods across the country are encouraged to turn on their outside lights from 8:00 to 10:00 P.M. and spend the evening outdoors. The Police Department is recommending that a 5K Fun Runl2 Mile Walk be held at Bayside Park on Tuesday, August 4, 1992 from 5:00 to 8:00 P.M. We anticipate that the event would draw approximately 300 participants. Entry fees from the 5K/2 Mile Walk and donations from the community will offset the costs of the entire event. In addition to the 5K Fun Runl2 Mile Walk, there will be demonstrations, live entertainment, display booths and food booths. Some of those scheduled to attend include: the Police Canine Unit, S.W.A.T. displays, crime lab display, classic car display and Crime Prevention Displays. There will also be a special appearance by McGruff, the crime dog and Pluggie, the fire prevention hydrant. The Police Department's Crime Prevention Program provides food and refreshments for the participants, these costs will be offset by entry fees to the 5K Fun Run and 2 Mile Walk. Since the event is proposed to take place on Port District land, the Port District has asked that the City submit a certificate of insurance naming the Port as additional insured. In addition, the ~,./ Page 2, Item 'if{ Meeting Date 7/21/92 Port has also requested that the City sign a Hold Harmless Indemnification Agreement. The Risk Manager has reviewed this request and stated that there will be no additional cost to the City to provide either of these. FISCAL IMPACT: This event, except the 5K Runl2 Mile Walk, will be presented free to the public. Food costs are estimated at $200 to $500, funds are budgeted in account 1050-5344. 8" '..2 SAN DIEGO UNIFIED PORT DISTRICT TIDELAND ACTIVITY PERMIT PERMITTEE: CITY OF CHULA VISTA USE OR ACTIVITY: CRIME PREVENTION PICNIC, FUN RUN/WALK LOCATION FOR WHICH PERMIT ISSUED: BAYS IDE PARK EFFECTIVE DATES: TUESDAY AUGUST 4TH, 1992 SECURITY DEPOSIT:$ -0- THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Permittee shall comply with all applicable laws, rules and regulations of the District and other governmental entities. 2. Permittee shall keep the property and all equipment used in connection with this permit in a clean, safe and sanitary manner and in good repair at all times. Allor any portion of the security deposit shall be available unconditionally to the District for the purpose of cleaning or repairing damages to the property upon termination of this permit. 3. This permit may be cancelled by either party by the giving of twenty-four (24) hours notice in writing to the other party. Such cancellation shall be without liability of any nature. 4. This permit shall not be transferred or assigned. 5. Permittee shall defend, indemnify, and hold harmless District, its officers and employees against all causes of action, for judicial relief of any kind, for damage to property of any kind whatsoever, and to whomever belonging, including Permittee, or injury to or death of any person or persons, including employees of Permittee, resulting directly or indirectly from activities in connection with the issuance and performance of this permit or arising from the use of the property, facilities or services of District, its officers or employees. 8'-J 6. Permittee shall maintain comprehensive public liability (covering operations, products and completed operations) and blanket contractual coverage insurance throughout the term of this permit. The policies shall, as a minimum, provide the following forms of coverage: (A) Personal Injury and Bodily Injury: One Person $ One Occurrence $ Combined single limit $1,000,000.00 (B) Property Damage $ Certificates of such insurance, in a form satisfactory to the District, shall-be filed with District's Community Relations Department. Insurance certificates filed pursuant to this permit shall contain a non-cancellation-without-notice clause and shall provide that copies of cancellation notices shall be sent to the District. 7. The rights and privileges extended by this permit are non-exclusive. 8. Permittee shall not engage in any activity on property of the District other than the activity for which this permit is expressly issued. 9. Permittee shall be subject to and comply with any special conditions attached hereto. 10. Permittee shall comply with all requirements and directives of the Port Director of District. 11. In the event of failure of Permittee to comply with any provision of this permit, this permit may, at the discretion of the Port Director, be terminated immediately. SAN DIEGO UNIFIED PORT DISTRICT Approved: Permittee hereby accepts this permit and agrees to comply with all the terms and conditions thereof. Permittee's signature Address: 276 FOURTH AVENUE CHULA VISTA, CA 91910 Telephone: 691-5187 ~1 CHECKLIST FOR THE USE OF TIDELAND PROPERTY Date request received in CGA Dept.: Please complete each item below. 1. Sponsoring individual or group: City of Chula Vista 2. Address and telephone number of contact person: Chula Vista Police Dept., 276 Fourth Ave. Chula Vista, CA 91910 691-5187, Rosemary Reznik, Crime Prevention Unit 3. What type of event is planned? 4. National Night Out 5K run/walk, crime prevention displays promoting _~olice-communityrelatiofts. Where exactly on the baytront? Bayside Park 5. Day and date of event: Tuesday, August 4th, 1992 6. Time period: Start 5:00pm Finish 8: OOpm 7. Will traffic be affected? YES 8. How many persons involved or expected to attend? 300+ 9. If large group, what security arrangements have been made? Chula Vista Police Department 10. If commercial or catered event, do you have liability insurance coverage? YES Please return this checklist by (within ten 10 working days) or your request for an event on Port tidelands will be canceled. 7/90 ~f/8" ~{ft- :~~~ ~----~ .....a::--.c-~ CITY OF (HUlA VISTA PERSONNEL DEPARTMENT June 15, 1992 Robert F. Driver Co., Inc. Attn: Susan Reichelderfer 3636 Birch Street, Ste 230 Newport Beach CA 92660 Dear Ms. Reichelderfer: Please arrange to have a Certificate of Insurance and Insured policy endorsement for $1,000,000 general liability insurance sent to: San Diego Unified Port District Attn: Mr. James Anderson 3165 Pacific Highway San Diego CA 92101 Additional commercial The City of Chula Vista will sponsor an event called "National Night Out" at Bayside Park which happens to be Port District property. The event includes a 5K run/walk and crime prevention displays. It will take place on Tuesday, August 4, 1992 from 5 pm to 8 pm. Approximately 300 people are expected to attend. Please call me if you have any questions. Sincerely, Di:::~~ Risk Manager cc: Rosema~ Reznik a524 g',? 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 9191011619) 691-5096 RESOLUTION NO. I' 713 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A HOLD HARMLESS INDEMNIFICATION AGREEMENT WITH THE PORT DISTRICT FOR "NATIONAL NIGHT OUT" FUN RUN EVENT The city Council of the City of Chula vista does hereby resolve as follows: WHEREAS, August 4, 1992 will represent the eighth annual "National Night Out" which is a nationwide effort to heighten crime prevention awareness, strengthen neighborhood spirit and pOlice- community relations and generate support and participation for local crime prevention programs; and WHEREAS, the Police Department is recommending Fun Run/2 Mile Walk be held at Bayside Park on August 4, 1992 from 5:00 to 8:00 p.m.; and that a 5K Tuesday, WHEREAS, since the event is proposed to take place on Port District land, the Port District has asked that the City submit a certificate of insurance naming the Port as additional insured; and WHEREAS, in addition, the Port has also requested that the city sign a Hold Harmless Indemnification Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute a Hold Harmless Indemnification Agreement with the Port District, a copy of which is on file in the office of the City Clerk, in connection with a "National Night Out" event to be held at Bayside Park on August 4, 1992. Presented by J;ei as to form Bruce M. Bo aard city Attorney by Richard Emerson, Chief of Police (Res\5KRun) 8" '? ITEM TITLE: a) SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT b) Item~ Meeting Date 7/21/92 Resolution 1''11'1 Approving the initiation of proceedings and describing the lmprovements for Open Space District No. 26 (Park Bonita) Reso 1 ut i on /~ 7 if'Fi 1 i ng and accept i ng report and declaring the City's intention to establish Chula Vista Open Space District No. 26 (Park Bonita) and setting the time and place for hearing thereon ... ~ Director of Public Work~ (~ 17 Di rector of o~ Parks i~~ecreat i orliv City Manager JG. \cv~:, )\ (4/5ths Vote: Yes_No..lL) In order to initiate the proceedings for the formation of open space districts the City Engineer must prepare and file a report in accordance with the Streets and Hi ghways Code. Thi s reso 1 ut i on will begi n the process for the formation of the open space district for Park Bonita. RECOMMENDATION: That Council adopt the resolutions which: 1. Approve the Engineer' Report. 2. Declare the Council's intention to form the proposed district in accordance with Section 17.07 of the Municipal Code and Section 22587 of the Streets and Highways Code. 3. Direct the City Clerk to notice the publ ic hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code. 4. Set August 18, 1992, at 6:00 p.m. as the date and time for public hearing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Reoort on Ooen Soace District No. 26 (Park Bonita) I. Backaround This report was prepared pursuant to City Council direction and in compl iance with the requirements of Division 15, Part 2, Chapter 1 of the Streets and Highways Code of the State of Cal ifornia and the Chula Vista Municipal Code, Section 17.07. 9-1 Page 2, Item , Meeting Date 7/21/92 On November 14, 1989 by Resol ution 15388, the City Council approved the tentative map for Chula Vista Tract No. 90-3, Park Bonita Subdivision. The final map was approved June 5, 1991 by Resolution 16184. A condit i on of appro va 1 requi red that the open space lots created by the map be maintained by the open space district. Additionally, a condition required that the developer provide for the perpetual maintenance of the brow ditch located westerly of the subdivision. Staff recommends that this be accomplished through the open space district. II. Boundaries of District The boundary of the district corresponds to the boundary of Chula Vista Tract 90-3, Park Bonita and is shown on the Assessment Diagram on file in the Office of the City Engineer. A reduced copy, Attachment "A" is included in this report. As permitted in the Streets and Highways Code Section 22571, the details of the individual lots (lines, dimensions and bearing) to be maintained are shown in the County Assessor's Maps for the properties on file in the San Diego County Assessor's office. III. Maintenance Items The areas to be maintained by maintenance contract consist of three open space lots totalling 21,032 square feet and designated as Lots A, B, and C on the Assessment Di agram. These are the highly vi si bl e areas adjacent to Bonita Road and "E" Street. The facil ities and items of maintenance included within the District are as follows: 1. Maintain landscaping and irrigation system improvements within the desi gnated open space lots and withi n the parkways along Bonita Road and E Street adjacent to the open space lots. 2. Maintain the theme walls located within the open space lots. 3. Maintain the brow ditch adjacent to the westerly boundary from "E" Street to the existing curb and gutter. The proposed maintenance program for Open Space District No. 26 consists in general of the following: 1. Repair, removal, or replacement of all or any part to any improvement. 2. Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping. 3. Weed abatement. 4. Removal of trimmings, trash and litter. 5. Removal of debris from the brow ditch. 9-~ Page 3, Item Meeting Date 9 7/21/92 IV. Cost Estimate The estimated annual cost for maintenance of Open Space Maintenance District No. 26, Park Bonita is $5,560. This preliminary estimate is based on information obtained from the developer and has been reviewed by the open space coordinator. See attachment "B". Si nce turnover is not anti ci pated to occur until Fi sca 1 1993/94 staff proposes a $0 assessment for Fiscal year 1992/93. V. Assessment Schedule The proposed district will contain 19 single family detached units. For the purpose of distributing assessments, each single family unit is equivalent to one assessment unit. The estimated annual assessment for a typical single family unit would be approximately $300 based on present costs ($5,560 , 19 = $300). Plats are available for Council viewing. FISCAL IMPACT: None. Cost of district formation is paid for by the developer through a deposit. Annual staff and administration costs are included in the assessment. DDS:OS-027 WPC 5940E 9,,;] /'1"'/ P 02 ~ .{ a f- -:2 -cr- t- o - "2 I \ W \J ~ - -:5 2- Ai l ~ rfl ~ :t: 6 ~ III -t, ~ ~ & ~ 7- '..{' (/) ~ ~ 7t ()I, ~~ il, T ~ <1 ..J ~ ~ , , I I I i? ~ -<\ \P ~ - ul \).. o It. i. c:. ~ u:. 9-5 ~: '~--~ ~ \h\h"'.J.. \hI ~ ~ ! C ~. IJH~!l\) ~ INrJ ~}'l\)' is ,~% ~ !S'~I~~'~:\h~oiii ~,>~ {"" t\) .C1\I-Il\)\P ~> Q~~ I 2: I ,'" ~ i~~ '!~.~ I~I 5~ S I~ ~ i~ f I ~ :; i.i ~ :r ~ (; ~ ~ 1 . J! I; : !~ ::j IJI~,-i !Z~, IlIi i ~ ! ~ ~ ~ r; I!. ~ .~ . ~ ;\1 ~ I ~ I..... Ii' ; ~ ~ ~ ..~: ,~!~ 'm ~. ~ ~, Ii\ ~ I .~i ~ '~ ~. , I ~I I ~~ i III!{ !~~ II~~ ~! ~I~ ! (\ i .1 f'l ~ 1'i . I ~ ~ : I ~ -.Jt- \V... 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'-!:l" ;".,\A: 7>" RESOLUTION NO. / & 7/ i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS AND DESCRIBING THE IMPROVEMENTS FOR OPEN SPACE DISTRICT NO. 26 (PARK BONITA) The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, according to Article 1, Chapter 2, Part 2 of Division 15 of the California Streets and Highways Code, also known as the "Landscaping and Lighting Act of 1972", proceedings for the formation of an assessment district must be initiated by resolution; and WHEREAS, on November 14, 1989 by Resolution 15388, the city Council approved the tentative map for Chula vista Tract No. 90-3, Park Bonita SUbdivision, and on June 5, 1991 by Resolution 16184 approved the final map; and WHEREAS, one of the conditions of approval tentative map required that the open space lots created by be maintained by the open space district; of the the map WHEREAS, addi tionally, a condition required that the developer provide for the perpetual maintenance of the brow ditch located westerly of the subdivision; and WHEREAS, the proposed designation for this district is Open Space District No. 26; and WHEREAS, the open space areas to be maintained consist of three open space lots totalling 21,032 square feet and designated as Lots A, B, and C on the Assessment Diagram. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby initiate proceedings for the formation of Open Space District No. 26, Park Bonita and order the City Engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act for Open space District No. 24. Presented by &:: a. t Bruce M. Booga City. Attorney John P. Lippitt, Director of Public Works (Res\OSD26) 9/1'/ j(P71P RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 26 (PARK BONITA) AND SETTING THE TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, pursuant to the provisions of Highways Code section 22587, a public hearing is establish the proposed open space district; and WHEREAS, an engineer's report was submitted by the City Engineer for the cost of maintaining the open space district; and that said estimated annual assessment to be charged for each parcel is $300.00; and Streets and required to WHEREAS, this report was prepared by the City Engineer or under his direction and was presented to Council for approval in order to proceed with the Public Hearing set for August 18, 1992 in accordance with the Landscaping and Lighting Act of 1972. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Engineer's report for the FY 1991-92 spread of assessments for Open Space Maintenance District No. 26 (Park Bonita). BE IT FURTHER RESOLVED that the City Council does hereby set August 18, 1992 at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula vista, California as the date and time for the public hearings on said assessments. Presented by J Approved as form by John P. Lippitt, Director of Public Works Res\OSD26a 98-/ COUNCIL AGENDA STATEMENT Item /?J Meeting Date 7/21/92 ITEM TITLE: a) Resolution Ii, 7/t, Ordering changes and modifications in proceedi ngs and assessments in Assessment Di stri ct No. 90-1 (Salt Creek I) b) Resolution /j, 7/7 Authorizing certain assessment district bonds to be sold at a public sale and directing a call for sealed bids in Assessment District No. 90-1 (Salt Creek I) SUBMITTED BY: Director of Public Work<_k Di rector of Fi nance ~ y- City Manager jl, 'o\~lry~) On October 22, 1991, by Resolution 16382 Council established Assessment District No. 90-1 (Salt Creek I) and levied assessments for the acquisition and financing of certain infrastructure improvements serving the Salt Creek I development pursuant to the Municipal Improvement Act of 1913. The improvements have now been completed and it is necessary that the proceedings be final ized and the 1915 Act bonds be sold to provide the funds for the improvement acquisition. (4/5ths Vote: Yes___No-!-) REVIEWED BY: RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the time the assessment district was establ ished, all of the improvements were not completed, however, marketing of homes in a portion of the deve 1 opment was about to begi n. As a result, the assessments were based on estimated improvement costs. The improvements, which include major and collector streets, utility systems, storm drains, reclaimed water systems, landscaping and irrigation systems, have now been completed and the final costs have been determined. As a result of reductions in both construction and incidental costs, the overall amount to be assessed to the district is being reduced from the $5,126,385 that was approved at the public hearing, to $4,793,158. The reduction in construction costs is $464,594, and the reduction in incidental costs is $301,012. Partially offsetting this savings in construction and incidental costs, however, is a reduction of $432,378 in the amount of deve 1 oper contri but i on requi red to mai nta in the assessments below the 2% of sales price in accordance with Council Policy. /~-/ Page 2, Item I P Meeting Date 7/21/92 The foll owi ng tabl e shows the reduct ions in assessments, from confi rmed to modified, resulting from the cost savings: SFD Conf. Mod. TOWNHOME Conf. Mod. CONDO Conf. Mod. Total $ 9,905 $ 8,620 3.650 2.765 $13,555 $11,385 $7,303 2.617 $9,920 $6,599 2.117 $8, 716 $7,303 2.358 $9,661 $6,599 1.940 $8,539 Construction Incidentals Developer Contribution -505 o -940 o -2,424 -1,302 $7,237 $7,237 Amount Assessed $13,050 $11,385 $8,980 $8,716 Due to the reduction in the amount assessed to the district, developer contributions are no longer required for the single family detached and townhome units. A contribution is still required for the condominium units. The proposed assessments are within all criteria set forth by Council policy. The City policy limiting the lien to value ratio and total debt service and taxes to 1 ess than 2% have been met. Attachment "A" provides a breakdown of these items. There are two resolutions on today's agenda which, if adopted, accomplish the fo 11 owi ng: 1. The RESOLUTION ORDERING CHANGES AND MODIFICATIONS IN THE PROCEEDINGS provides for the changes to the Engi neer, s Report necessary to i ncl ude updated construct i on and i nci dental costs and to modi fy the assessments to the land in the district. 2. The RESOLUTION AUTHORIZING CERTAIN ASSESSMENT 80NDS TO 8E SOLD AT PU8LIC SALE authorizes the financial consultant to advertise for competitive seal ed bids in the sale of the bonds to be issued as a part of these proceedings. FISCAL IMPACT: None to the City. The cost of modifying the proceedings and the bond sale is being paid by the assessment district. The developer already deposited the 1% origination charge. Upon the bond issuance, a total of $47,931.58 will be transferred to the General Fund. LdeT/AY-082 WPC 6046E /tJ...2. . 't "" 't ~ ~ " v <t '\- ~ , Iii ci Z t; ~ Cf ~ ~ " 0 ::J ... al Z o !;! ~;5lil "''''w ""5O'" ;5"'''' O.J<N ~i~g: lOW'" =1.1..0:"; ~O<'>- a:l~~~ i!o~~ a: ,,0... ::>u._ "..." !!Z::J ,,11i~ ~ o w ... 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RESOLUTION NO. 16382 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ASSESSMENT,ORDERING THE IMPROVEMENTS HADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER I S "REPORT" IN ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) WHEREAS, the CITY COUNCIL of tlie CITY OF CHULA VISTA, CALIFORNIA, has previously adopted its Resolution of Intention and initiated proceedings for the installation of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided, was presented, considered and approved; and, WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of said "Municipal Improvement Act of 1913", including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition where appropriate, and this legislative body did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in "the "Report" as now updated and submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I~:> Resolution No. 16382 Page 2 SECTION 1. SECTION 11. SECTION II I. SECTION IV. SECTION V. RECITALS That the above recitals are all true and correct. PROTESTS That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half (1/2) of the area property to be assessed for said improvements within said Assessment District. BENEFITS RECEIVED That it is hereby determined that all properties within the boundari es of the Assessment Di stri ct recei ve a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. ) PUBLIC INTEREST AND CONVENIENCE That the public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. CONFIRMATION OF ASSESSMENT That the "Report", as now updated and submitted, consisting of the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, is hereby confirmed. The assessments contained in the final Engineer's "Report" are hereby levied and approved as follows: /0-(, SECTION VI. SECTION VII. SECTION VII I. Resolution No. 16382 Page 3 A. The final assessments to represent the costs and expenses to finance the public works of improvements, as authorized for these proceedings. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in said "Report". RECORDATION OF ASSESSMENT That the Ci ty C1 erk shall forthwi th deliver to the Superintendent of Streets the said assessment, together with the di agram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. COUNTY RECORDER NOTICE Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE That said City Clerk, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the Offi ce of the Ci ty C1 erk, or to both addresses if sai d address is not the same, or to General Delivery when no address so , appears, a statement containing a designation by street number or other description of the property assessed sufficient to enab 1 e the owner to i denti fy the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Bond Act of,1915". /p-? Resolution No. 16382 Page 4 SECTION IX. SECTION X. SECTION XI. PUBLICATION That said City Clerk shall also give notice by publishing a copy of a notice of recording of assessment in the newspaper previously selected to publish all notices as provided by law, giving notice that said assessment has been recorded in the Office of the Superintendent of Streets, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. ASSESSMENT COLLECTION The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment" or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bond terminated. As an alternate, and when determined to be in the best interests for bondhol ders of the Assessment Di stri ct, thi s legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the assessments, including a procedure other than the normal property tax collection procedure. In accordance wi th the provi si ons of Secti on 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll' a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as .unknown owners., and extend the proper installment opposite the same. ) 1""'( SECTION XII. SECTION XIII. Presented by / Resolution No. 16382 Page 5 ASSESSMENT VERIFICATION STATEMENT The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property co 11 ected, and further i denti fy any properties whi ch are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made to be authorization of Section 8683 of the Streets and Highways Code of the State of Ca 1i forni a. ASSESSMENT DISTRICT FUNDS The Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: ' A. IMPROVEMENT FUND: All monies received from cash collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. B. RESERVE FUND: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. REDEMPTION FUND: All monies received from the payment of assessments shall be placed in the Redemption Fund. For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. , J hn P. Lippit irector of Public Works ruce H. Boogaar Ci ty Attorney / ~ "r; Resolution No. 16382 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 1991, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~/l~ Tim Nader, Mayor ATTEST: ~j;J t ~~/11l1 Beverly ~~ Authelet, City Clerk STATE OF CALIFORNIA i COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16382 was duly passed, approved, and adopted by the City Council held on the 22nd day of October, 1991. Executed this 22nd day of October, 1991. /0-/0 JUL 17 '92 09:32 BALWIII CO. 61'9 25'9 024200000000 P.2 THE CITY OF CHUU VISTA PARTY DISCLOSURE STATEMENT Stl"tement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contrnl,:tor, subcontractor, material supplier. The Baldwin Company F. Project., Inc. ... .. 3. 4. 5. (l. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owninS more than 10% of the shares in the corporation or owning any partnership interest in the pannership. PH proiect., Inc. If any person identified pursuant to (I) above is non-profit organization or a 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. Ha,'e you had more than $250 worth of business transacted with any member of the City stafr, Boards, Commissions, Committees and Council within the past rwelve months? Yes ,",0 ~ If yes, please indicate person(s): Please identify each nnd every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City .in this matter. Mr. Denn1s Doucette Ms. Claudia Trolsl - Baldwln J..,u\-r., :1It(Wi\!\i) t1"AHILTen MS. IHlzaOeth Long - l:\",lawlll & 3CIUf'3 Have you and/or your officers or agents, in the aggregate, conlributed mOre than $1,000 to u Councilmember in the current or preceding election period'! Yes _ No...lL II yes, sttltc which Councihnember( s): r\"r", '" is ,jcfim.'<.f as: "All,\' illdi,'idluiJ. fin", cu."nrlJu..r~lt;p. juilJ/l'('''''''(,. tlssodmioll, soc;ol club. frntt'nlnl o'Km1izmion. (Or/)t)ft/l;rm. ('''UII/I', InlSl. IrCt'j"t'r. ~-:mdi'''lc. this m,d Imy mlle'r C(JtII''.\~ chy lIlII! COWHI)~ til)'. mtmicipnlil)'. ,listriCI Or ol/It:r I'<Jlilicnl JIII)(/i\'i~i{)lI, . or (III)' lJlllrr .,"'oup or comhi"lIlioll "cling liS {I w,it,. (l'OTE: Atwell mJdltlonal p~g~'$ us ncee","')') Dllle: 'I ~ L~ - '7 "- ~\~~ Signature of contractor/applicant Claudia Troisi/The Baldwin Company Prim or Iype lIame of rol1lraclllr::lI~plil'alll !1(''\I''~'\I; It ,lu 'JIl! ~ .\.' . '\';):~C'I.()$J'"TXTI !()-j / ~ ...,. .". ., MFS AMENDED FINAL ENGINEER'S REPORT ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA JULY 1992 PREPARED BY MUNI FINANCIAL SERVICES, INC. 42217 Rio Nedo, Second Floor Temecula, CA 92590 (714) 699-3990 FAX: (714) 699-3460 3727 Buchanan, Suite 202 San Francisco, CA 94123 (415) 441-3550 FAX: (415) 441-1401 Jv - ) / AMENDED FINAL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA TABLE OF CONTENTS PROJECT SUMMARY ........................................... 1 ENGINEER'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 PART I - PLANS AND SPECIFICATIONS ......................... 5 PART II - CONSTRUCTION COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART III - ASSESSMENT ROLL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30 PART IV - ASSESSMENT DIAGRAM ............................ 41 PART V - DESCRIPTION OF WORK ............................ 42 APPENDIX ................................................... 46 ) V;-/d.- PROJECT SUMMARY Date Adopt Boundary Map Resolution of Intention Presentation of Confirmed Engineer's Report Public Hearing Confirmation of Assessments September 17, 1991 September 17, 1991 October 22, 1991 October 22, 1991 October 22, 1991 The Assessment District is for the purpose of acquiring certain public improvements under the Municipal Improvement Act of 1913. The General administration of this District will be undertaken by the City of Chula Vista and all official actions will be made by the City Council. The Baldwin Company has previously submitted a tentative subdivision map known as Salt Creek I, Chula Vista Tract 89-09 for 130 acres located at the northeasterly and southeasterly quadrants of East "H" Street and the proposed State Route 125. A Final Environmental Impact Report for the development, EIR 89-9, has been processed and approved by the City Council. Additionally, the City Council has approved the tentative subdivision map for Salt Creek I, Chula Vista Tract 89-9 for which Maps 12827, 12828 and 12829 have subsequently recorded. Salt Creek I is included within the Development Impact Fee ("DIF"), Eastern Territory, 1991, which directs that specific infrastructure be provided to mitigate area deficiencies. Those specific facilities built by Salt Creek I shall be noted within this report and identified with Section "C" of the Cost Estimate Section. The DIF, as set by the DIF Report per Residential Category, shall be incorporated and additive to the final assessment district lien. For this district, the DIF Facilities to be incorporated are those directly related to the grading, street improvement and landscaping of East "H" Street from East Lake Drive to Mt. Miguel. The cost of the acquisition of these improvements and incidentals and the DIF is assigned to every parcel of land within the District that has received an improvement and 2is benefitted by the improvement. The level of benefit varies according to land use and utilization of the improvements funded. Amended Confirmed Final Acquisition Construction Cost $4,251,556.86 $3,786,962.77 Less Developer Contribution (615,955.89) (183,577.41) Incidental Expenses 670,562.38 614,593.46 Cost of Issuance 820,221.59 575,178.94 Balance to Assessment $5,126,384.94 $4,793,157.76 Additional information may be obtained by contacting the office of the Public Works Director, John P. Lippitt. 1 /tJ-)5 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention No. 16343, adopted by the City Council of the CITY OF CHULA VISTA (hereinafter referred to as the "CITY"), in connection with the proceedings for ASSESSMENT DISTRICT NO. 90-1 SALT CREEK I (hereinafter referred to as the "Assessment District"), I, John P. Lippitt submit herewith the Report for the Assessment District, consisting of five (5) parts as follows: PART I Plans and specifications for the improvements to be acquired are filed herewith and made a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and the Superintendent of Streets. PART 1\ The actual cost of the improvements to be acquired, including incidental costs and expenses in connection therewith, is set forth on the lists thereof, attached hereto, and are on file in the office of the City Clerk. 2 /0-) Lf PART III A proposed assessment of the total amount of the costs and expenses of the improvements upon the several subdivisions of land within the assessment district, in proportion to the estimated benefits to be received by such subdivisions, from said improvements, is presented upon the assessment roll filed as a part of this report. PART IV A Diagram showing the assessment district and the boundaries of the subdivision of land within said assessment district, as the legal parcels existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof. PART V Description of the work for the improvements are filed herewith and made a part hereof. Description of all rights-of-way, easements and lands to be acquired, if necessary, is set forth on the lists thereof and are on file in the Office of the City Clerk. This Preliminary Report dated this 17 day of S..e;d-. , 1991. ~/2:~ I John P. Up pi Superintendent of Streets City of Chula Vista This Final Report dated this ~ t- day of O'J- ,1991. ~I ;l~ r-:hn P. Uppitt Superintendent of Streets City of Chula Vista 3 . -- J [J-/> This Amended Final Report dated this _ day of . 1992. John P. Lippitt Superintendent of Streets City of Chula Vista 4 / tJ-- J /;7 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART I - PLANS AND SPECIFICATIONS Plans and Specifications for the improvements to be acquired are filed herewith and made a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and the Superintendent of Streets. 5 / l) -J 7 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART II - CONSmUCTlON COSTS SECTION A. PROJECT NO.1: PROJECT NO.2: PROJECT NO.3: PROJECT NO.4: PROJECT NO.5: PROJECT NO.6: PROJECT NO.7: PROJECT NO.8: SECTION B. SECTION C. AMENDED FINAL CONSTRUCTION COSTS PROJECT GRADING EAST"H" STREET STATE ROUTE 125 (SR 125) WATER SYSTEM RECLAIMED WATER SYSTEM SEWER SYSTEM OFFSITE SEWER - PROCTOR VALLEY ROAD STORM DRAIN SYSTEM CALCULATION OF MAXIMUM DIF INCIDENTAL EXPENSES BOND COSTS BALANCE TO ASSESSMENT 6 It) -j ~ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.1: GRADING PRELIMINARY CONFIRMED MODIFIED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT ASSESSMENT" DIF 1 EAST"H" STREET 273,628.00 273,628.00 119,532.00 119,532.00 2 PROCTOR VALLEY ROAD 254,230.00 254,230.00 111,058.00 0.00 3 MT. MIGUEL ROAD 164,616.00 164.616.00 71.911.20 0.00 PROJECT NO.1 TOTAL $ 692,474.00 692,474.00 302,501.20 119,532.00 SUMMARY OF PROJECT NO.1 COSTS ALLOCATION TO DISTRICT EAST"H" STREET PROCTOR VALLEY ROAD MT. MIGUEL RD COST 119,532.00 111,058.00 71.911.20 ALLOCATION (DIF) 50.00% 100.00% AD COST (DIF) 55,529.00 71.911.20 302,501.20 127,440.20 "Final Costs Modified Assessment after confirmation. 7 /!J - /1 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.2: EAST "H" STREET PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF AC PAVING MOBILlZATION/ DEMOLlZATION 23,000.00 23,000.00 23,000.00 2 STRIPING AND SIGNAGE 9,000.00 9,000.00 9,000.00 3 STREET SURVEY MONUMENTS 2,530.00 2,530.00 2,530.00 4 TRENCH SHORING 2.00 2.00 2.00 5 SUPPLY BONDS 22,000.00 22,000.00 22,000.00 6 ACP 5"/16" AB (E.L. TO 125) 169,884.00 149,227.65 149,227.65 7 ACP ADDITIONAL 1/2" 240.00 0.00 0.00 8 CAB ADDITIONAL 1 /2" 140.00 0.00 0.00 9 ACP - 5/6 (125 TO MT MIG) 224,523.00 220,673.70 220,673.70 10 BUILD CHOKERS 0.00 17,061.06 17,061.06 11 ADDITIONAL EXCAVATION 0.00 31,466.89 31 ,466.89 12 ADDITIONAL AB 0.00 363,360.99 363,360.99 13 GUARD RAILS 0.00 7,700.44 7,700.44 7,700.44 14 TRAFFIC SIGNS 0.00 2,858.30 2,858.30 2,858.30 451,319.00 415,319.00 848,881.03 848,881.03 SIDEWALK/CURB & GUTTER 1 6" TYPE G CURB & GUTTER 49,072.50 49,072.50 47,351.25 47,351.25 2 6" TYPE B-1 CURB 38,115.00 38,115.00 36,823.50 36,823.50 3 6" TYPE A AC BERM 3,450.00 3,450.00 4,508.00 4,508.00 4 PEDESTRIAN RAMP 882.00 882.00 442.00 442.00 5 PCC SIDEWALK PAVING 60,217.50 57,605.75 57,605.75 6 PCC MEDIAN & MAl NT APRON 68,378.30 60,141.21 60,141.20 7 1" DEEP CONCRETE MOW STRIP 2,798.60 2,393.90 2,393.90 8 DEEP EDGE OF MEDIAN PLANTER 5,016.00 3,162.00 3,162.00 9 PCC DRIVEWAY 8,432.00 0.00 0.00 10 6" DEEP PCC SIDEWALK 850.00 1,100.00 1,100.00 11 GRASS CRETE PAVING 15,491.00 14,896.00 14,896.00 252,702.90 228,423.60 228,423,60 8 / f/Z..){) PROJECT NO.2: EAST "H" STREET - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF JOINT TRENCH 1 ELEC/GASjTELEPHONE/CABLE 95,000.00 95,000.00 87,829.00 0.00 2 ELEC/GASjTELEPHONE/CABLE 60,000.00 60,000.00 78,401.00 0.00 3 ADDITIONAL IRRIGATIONjT.S. & GAS WORK (C.O. #5) 0.00 0.00 9,732.00 0.00 4 69IWA CROSSING 0.00 0.00 21,617.41 0.00 155,000.00 155,000.00 197,579.61 0.00 WALLS/FENCING 1 4' HIGH SPLIT RAIL FENCE 7,320.00 7,320.00 7,320.00 7,320.00 2 4' HIGH SPLIT RAIL FENCE 7,440.00 7,440.00 7,440.00 7,440.00 3 WROUGHT IRON FENCING 6,228.00 6,228.00 6,228.00 0.00 4 SLUMP BLOCK WALL/DETAIL 1 19,000.00 19,000.00 19.000.00 0.00 5 SLUMP BLOCK WALL/DETAIL 2 27,590.00 27,590.00 27,590.00 0.00 6 SLUMP BLOCK WALL/DETAIL 2A 37,324.00 37,324.00 37,324.00 0.00 7 SLUMP BLOCK WALL/DETAIL 4 104,490.00 104,490.00 91,041.00 0.00 8 BLOCK COLUMN/ANTI-GRAFFITI 11,220.00 11,220.00 11,220.00 0.00 9 SOUND WALL CHANGES 0.00 1,800.00 0.00 220,612.00 220,612.00 211,963.00 14,760.00 STREET LIGHTS 1 STREET LIGHT 34,200.00 34,200.00 34,200.00 34,200.00 2 3" SIGNAL COND W/PULL BOXES 6,100.00 6,100.00 6,100.00 6,100.00 3 STREET LIGHT 26,000.00 26,000.00 22,000.00 22,000.00 4 3" SIGNAL COND W/PULL BOXES 2,800.00 2,800.00 2,800.00 69,100.00 69,100.00 65,100.00 65,100.00 RETAINING WALLS WALL B 0.00 30,000.00 6,483.75 6,483.75 30,000.00 30,000.00 6,483.75 6,483.75 9 )C)c2 / PROJECT NO.2: EAST "H" STREET - CONrD: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF LANDSCAPE BETWEEN EASTLAKE DRIVE & SR 125 1 SUPPLY BONDS 12,050.00 12,050.00 12,050.00 2 AUTOMATIC IRRIGATION SYSTEM 77,004.00 68,800.16 68,800.16 3 SOIL TESTS/SOIL PREP 5,589.00 5,589.00 5,589.00 4 1 GALLON SHRUB 6,220.00 5,720.00 5,720.00 5 5 GALLON SHRUB 11,388.00 10,332.00 10,332.00 6 15 GALLON SHRUB 10,868.00 10,868.00 0.00 0.00 7 GROUND COVER 7,864.00 7,864.00 7,864.00 8 2" LAYER BARK MULCH 3,007.00 2,436.60 2,436.60 9 TREE STAKING COMP 1,235.00 1,085.00 1,085.00 10 TREE DRAINAGE COMP 2,470.00 2,170.00 2,170.00 11 HYDRO SEED 195.00 195.00 195.00 12 FLAT PLANTS COMP 146.25 146.25 146.25 13 36" INSIDE DIA. X 18" HT PRECASE CONC TREEWELL 20,995.00 20,995.00 20,995.00 14 90 DAY MAINTENANCE 1,863.00 1,863.00 1,663.00 15 TRAFFIC CONTROL 5,000.00 5,000.00 5,000.00 16 IRR CHANGES FOR OPEN SPACE DIST APPROVED BOUNDARIES 0.00 19,952.50 0.00 17 IRR CONVERSION - SOUTH SIDE 0.00 12,820.00 0.00 18 IRR CONVERSION - NORTH SIDE 0.00 6,375.00 0.00 165,894.25 183,393.51 144,246.01 10 /0 --dd- PROJECT NO.2: EAST "H" STREET - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF LANDSCAPE FROM SR 125 TO MT MIGUEL RD 1 SLUMP BLOCK SIGN WALL 3,150.00 3,150.00 0.00 0.00 2 4" SLUMP BLOCK PLASTER 1,600.00 1,600.00 0.00 0.00 3 SIGN PLANTER WALL 19,425.00 19,425.00 0.00 0.00 4 4" ASPHALT PAVING 11,250.00 11,250.00 11,250.00 0.00 5 AUTOMATIC IRRIGATION SYSTEM 43,365.90 43,365.90 43,365.90 43,365.90 6 SOIL TESTS/SOIL PREP 6,500.39 6,500.39 6,500.39 6,500.39 7 1 GALLON SHRUB 2,944.00 2,944.00 2,944.00 2,944.00 8 5 GALLON SHRUB 3,840.00 3,840.00 3,840.00 3,840.00 9 15 GALLON SHRUB 1,188.00 1,188.00 1,188.00 1,188.00 10 15 GALLON TREE 6,204.00 6,204.00 6,204.00 6,204.00 11 48" BOX TREE 11,700.00 11,700.00 11,700.00 0.00 12 6" POTTED PLANTS 2,350.00 2,350.00 2,350.00 2,350.00 13 FLAT PLANTS AT CRIB 300.00 300.00 300.00 300.00 14 HYDRO SEED #4 3,064.46 3,064.46 3,064.46 3,065.00 15 FLAT PLANTS COMP 2,507.29 2,507.29 2,507.29 2,507.00 16 36" INSIDE DIA X 18" HT PRECASE CONC TREEWELL 10,540.00 10,540.00 10,540.00 2,998. 71 17 TREE DRAINAGE SYSTEM 1,240.00 1,240.00 1,240.00 0.00 18 TREE STAKING COMP 705.00 705.00 705.00 0.00 19 SHREDDED BARK MULCH 2,852.31 2,852.31 2,852.31 0.00 20 90 DAY MAINTENANCE 2,166.80 2,166.80 2,166.80 0.00 21 380' OF 21/2" MAINLINE CHANGED TO 3" 0.00 0.00 380.00 380.00 136,893.15 136,893.15 113,098.15 75,643.00 11 J!J~c-l:J PROJECT NO.2: EAST "H" STREET. CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF EROSION CONTROL FROM SR 125 TO MT MIGUEL RD 1 AUTOMATIC IRRIGATION SYSTEM 122,614.22 122,614.22 122,614.22 0.00 2 SOIL TESTS/SOIL PREP 16,395.40 16,395.40 16,395.40 0.00 3 1 GALLON SHRUB 7,440.00 7,440.00 7,440.00 0.00 4 1 GALLON TREE 1,732.00 1,732.00 1,732.00 0.00 5 15 GALLON TREE 1,408.00 1,408.00 1,408.00 0.00 6 HYDROSEED MIX #1 3,295.50 3,295.50 3,295.50 0.00 7 HYDRO SEED MIX #2 11,292.55 11,292.55 11,292.55 0.00 8 HYDROSEED MIX #3 2,293.61 2,293.61 2,293.61 0.00 9 HYDROSEED MIX #4 2,255.00 2,255.00 2,255.00 0.00 10 HYDROSEED MIX #5 202.38 202.38 202.38 202.3110 11 TREE STAKING 2,305.00 2,305.00 2,305.00 0.00 12 #2 FLAT PLANTS 1,845.00 1,845.00 1,845.00 0.00 13 90 DAY MAINTENANCE 7,869.79 7,869.79 7,869.79 0.00 180,948.45 180,948.45 180,948.45 0.00 PROJECT NO.2 TOTAL 1,662,469.75 1,662,469.75 2,035,871.10 1,383,537.39 SUMMARY OF PROJECT NO.2 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST AC PAVING 848,881.03 (DIF) (DIF) SIDEWALK/CURB & GUTTER 228,423.60 (DIF) (DIF) JOINT TRENCH 197,579.61 100% 197,579.61 WALLS & FENCING 211,963.00 93.31% 197,782.68 STREET LIGHTS 65,100.00 (DIF) (DIF) RETAINING WALLS 6,483.75 (DIF) (DIF) LANDSCAPE/EROSION CONTROL 477,440.11 51.10% 243.971.90 2,035,871.10 639,334.19 12 J(Jr..2L/' ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.3: STATE ROUTE 125 PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF ROUGH GRADING EROSION CONTROL EROSION CONTROL 5.000.00 5,000.00 0.00 0.00 5,000.00 5,000.00 0.00 0.00 FENCING/WALLS 1 2' BLOCK 3' W.I 67,500.00 67,500.00 0.00 0.00 2 3' BLOCK 3 GLASS 49,500.00 49.500.00 0.00 0.00 3 6' - 9' BLOCK 150,000.00 150,000.00 0.00 0.00 4 SUPPLY BONDS 0.00 0.00 3,950.00 0.00 5 SLUMP BLOCK WALL PER DETAIL 2AfW-4 9' 6" HT 0.00 0.00 15,002.76 0.00 6 SLUMP BLOCK WALL PER DETAIL 2/W-4 9' 0" HT 0.00 0.00 13,724.04 0.00 7 SLUMP BLOCK WALL PER DETAIL 3/W-4 7' 0" HT 0.00 0.00 15,723.48 0.00 8 SLUMP BLOCK WALL PER DETAIL 2AfW-4 10' 6" HT 0.00 0.00 26,687.28 0.00 9 SLUMP BLOCK COLUMNS PER DETAIL FfW-3 0.00 0.00 5,175.00 0.00 267,000.00 267,000.00 79,812.56 0.00 13 --- /O~02.7 PROJECT NO.3: STATE ROUTE 125 - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF LANDSCAPE 1 IRRIGATION 44,190.00 44,190.00 40,574.00 0.00 2 LANDSCAPE 24,356.00 24,356.00 40,925.00 0.00 3 HYDROSEED 22,541.00 22,541.00 22,541.00 0.00 4 90 DAY MAINTENANCE 5,914.00 5,914.00 5,914.00 0.00 97,001.00 97,001.00 109,954.00 0.00 PROJECT NO.3 TOTAL: 369,001.00 369,001.00 189,766.56 0.00 SUMMARY OF PROJECT NO.3 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST ROUGH GRADING 0.00 0.00% 0.00 FENCINGjWALLS 79,812.56 100% 79,812.56 LANDSCAPE 109.954.00 0.00% 0.00 189,766.58 79,812.56 14 /0 --:;20 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.4: WATER SYSTEM PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF H STREET 1 12" ACP 60,000.00 60,000.00 53,768.00 2 16" ACP 85,510.00 85,510.00 91,390.00 3 12" GATE VALVE 7,200.00 7,200.00 6,000.00 4 16" GATE VALVE 2,500.00 2,500.00 19,250.00 5 CONNECT #1 TO EXIST. 12" 2,400.00 2,400.00 2,400.00 6 CONNECT #2 TO EXIST. 16" 3,200.00 3,200.00 3,200.00 7 1" AIR-VAC ASSEMBLY 4,500.00 4,500.00 6,000.00 8 2" AUR-VAC ASSEMBLY 8,500.00 8,500.00 20,400.00 9 FIRE HYDRANT ASSEMBLY 13,200.00 13,200.00 13,200.00 10 12" ACP WATER MAIN 10,695.00 10,695.00 11,408.00 11 16" ACP WATER MAIN 58,140.00 58,140.00 63,004.00 12 2" BLOW OFF ASSEMBLY 4,800.00 4,800.00 10,800.00 13 4" BLOW OFF ASSEMBLY 9,600.00 9,600.00 8,000.00 14 WATER CONNECT - H ST & MT MIG 0.00 0.00 3,675.33 15 RESTOCKING FEE 0.00 0.00 14,342.09 16 ADDTN'L COST LOCATE WATER 0.00 0.00 501.03 17 VALVE COVERS, CHANGE CO #10 0.00 0.00 1,074.29 270,245.00 270,245.00 328,412.74 PROCTOR VALLEY ROAD 1 12" ACP CL150 44,960.00 44,960.00 19,640.00 2 6" FIRE HYDRANT 6,300.00 6,300.00 6,300.00 3 12" BUTTERFLY VALVE 900.00 900.00 900.00 4 10" ACP CL150 0.00 0.00 1,376.00 5 12" ACP CL200 0.00 0.00 27,140.00 6 ENCASEMENT 0.00 0.00 286.00 7 10" GATE VALVE 0.00 0.00 750.00 8 12" GATE VALVE 0.00 0.00 4,500.00 9 2" BLOW OFF 0.00 0.00 2,550.00 10 2" AIR RELEASE 0.00 0.00 1,800.00 11 1" AIR RELEASE 0.00 0.00 4,800.00 52,160.00 52,160.00 70,042.00 15 ) {)-;;< 7 PROJECT NO.4: WATER SYSTEM - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF MT MIGUEL RD 1 16" ACP CL150 47,544.00 47,544.00 0.00 2 2" BLOW OFF 850.00 850.00 0.00 3 4" BLOW OFF 1,400.00 1,400.00 5,000.00 4 6" PRESSURE REDUCING STATION (INCL ELEC) 34,500.00 34,500.00 34,500.00 5 16" BUTTERFLY VALVE 0.00 0.00 31,000.00 6 16" ACP Cl200 0.00 0.00 64,645.00 7 2" AIR RELEASE 0.00 0.00 3,600.00 8 1" AIR RELEASE 0.00 0.00 3,200.00 9 CONNECT TO EXIST WATER 0.00 0.00 2,000.00 10 16" Cl250 FLANGED VALVES 0.00 0.00 9,400.00 84,294.00 84,294.00 153,345.00 UNIT 1 1 10" ACP CL150 24,192.00 24,192.00 30,432.00 2 12" ACP CL150 3,920.00 3,920.00 3,920.00 3 6" FIRE HYDRANT 8,400.00 8,400.00 12,600.00 4 10" gate valve 2,250.00 2,250.00 5,250.00 5 1" air release 1 ,200.00 1 ,200.00 7,200.00 6 12" gate valve 0.00 0.00 1 ,800.00 39,962.00 39,962.00 61,202.00 UNIT 2 1 10" ACP CL150 9,584.00 9,584.00 12,176.00 2 8" GATE VALVE 600.00 600.00 1,800.00 3 10" GATE VALVE 3,750.00 3,750.00 4,500.00 4 CONNECT TO EXISTING 1,000.00 1,000.00 0.00 5 1" AIR RELEASE 0.00 0.00 8,400.00 6 MOBILIZATION 0.00 0.00 4,180.00 7 SUPPLY BONDS 0.00 0.00 500.00 14,934.00 14,934.00 31,556.00 16 /O~d?5 PROJECT NO.4: WATER SYSTEM - CONT'O: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF UNIT 3 1 10" ACP CL150 11,120.00 11,120.00 11,120.00 2 12" ACP CL150 9,560.00 9,560.00 9,560.00 3 6" FIRE HYDRANT 4,200.00 4,200.00 4,200.00 4 8" GATE VALVE 600.00 600.00 600.00 5 10" GATE VALVE 5,250.00 5,250.00 5,250.00 6 12" BUTTERFLY VALVE 900.00 900.00 900.00 7 1" AIR RELEASE 1,200.00 1,200.00 1,200.00 8 CONNECT TO EXIST WATER 2,000.00 2,000.00 2,000.00 34,830.00 34,830.00 34,830.00 PROJECT NO.4 TOTAL: 496,425.00 679,387.74 SUMMARY OF PROJECT NO.4 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST EAST H STREET 328,412.74 37% 121,512.71 PROCTOR VALLEY ROAD 70,042.00 36% 25,215.12 MT MIGUEL ROAD 153,345.00 33% 50,603.85 UNIT 1 61,202.00 70% 42.841.40 UNIT 2 31,556.00 70% 22.089.20 UNIT 3 34.839.00 70% 24.381.00 679,384.74 286,643.28 17 Ie ~ ( ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.5: RECLAIMED WATER SYSTEM PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF H STREET 1 16" ACP 86,040.00 86,040.00 86,040.00 2 16" GATE VALVE 7,500.00 7,500.00 11,550.00 3 6' RP BACKFLOW 6,400.00 6,400.00 6,400.00 4 2' AIR-VAC ASSEMBLY 3,400.00 3,400.00 3,400.00 5 4' BLOW OFF ASSEMBLY 3,200.00 3,200.00 3,200.00 6 2" WATER SERVICE 9,900.00 9,900.00 9,900.00 7 16' ACP RECL WATER LINE 57,905.00 57,905.00 59,200.00 8 16" GATE VALVE 5,200.00 5,200.00 7,700.00 9 6" RP BACKFLOW PREVENTOR 6,400.00 6,400.00 0.00 185,945.00 185,945.00 187,390.00 PROCTOR VALLEY ROAD 1 16" ACP CL200 76,825.00 76,825.00 76,475.00 2 16" BUTTERFLY VALVE 1,200.00 1,200.00 14,000.00 3 2" AIR VAC ASSEMBLY 1,800.00 1,800.00 1,800.00 4 2" WATER SERVICE 1,000.00 1,000.00 1,000.00 5 2" AIR RELEASE 0.00 0.00 3,600.00 6 4" BLOW OFF 0.00 0.00 9,300.00 80,825.00 80,825.00 106,175.00 18 )&--30 PROJECT NO.5: RECLAIMED WATER SYSTEM - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF MT MIGUEL ROAD 1 16" ACP Cl200 26,215.00 26,215.00 36,750.00 2 8" ACP Cl200 19,908.00 19,908.00 12,896.00 3 4" BLOW OFF 3,100.00 3,100.00 3,100.00 4 1" AIR RELEASE 1,200.00 1,200.00 2,000.00 5 2" AIR VAC ASSEMBLY 3,600.00 3,600.00 0.00 6 2" WATER SERVICE 3,000.00 3,000.00 0.00 7 16" BUTTERFLY VALVE 0.00 0.00 7,000.00 8 CONNECT TO RECLAIMED 0.00 0.00 2,000.00 9 MOBILIZATION 0.00 0.00 5,000.00 10 SUPPLY BONDS 0.00 0.00 1,500.00 11 CONNECT TO EXIST RECL WATER (STA 41 + 46.17) 0.00 0.00 1,000.00 57,023.00 57,023.00 71,246.00 UNIT 1 1 8" ACP Cl2009 8,022.00 4,305.00 2 8" GATE VALVE 600.00 600.00 1,200.00 3 2" BLOW OFF 850.00 850.00 850.00 4 2" WATER SERVICE 2,000.00 2,000.00 4,000.00 5 1" AIR RELEASE 0.00 0.00 1,000.00 11,472.00 11,472.00 11,355.00 PROJECT NO.5 TOTAL 335,165.00 335,165.00 376,166.00 SUMMARY OF PROJECT NO.5 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST EAST H STREET 187,390.00 60% 112,434.00 PROCTOR VALLEY ROAD 106,175.00 60% 63,705.00 MT MIGUEL ROAD 71,246.00 82% 58,421 .72 UNIT 1 11.355.00 100% 11.355.00 376,166.00 245,915.72 19 ) [)~..3 / ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.6: SEWER SYSTEM PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF PROCTOR VALLEY RD 1 10" PVC SEWER 3,468.00 3,468.00 3,944.00 2 SEWER MANHOLE 3,000.00 3,000.00 1,500.00 6,468.00 6,468.00 5,444.00 MT MIGUEL ROAD 1 10" PVC SEWER 18,530.00 18,530.00 18,725.00 2 SEWER MANHOLE 10,500.00 10,500.00 12,000.00 3 SEWER CONNECTION 1,000.00 1,000.00 1,000.00 4 CONNECT TO EXIST SEWER (STA 39 + 80) 0.00 0.00 500.00 5 TRENCH SHORING 0.00 0.00 500.00 30,030.00 30,030.00 32,725.00 UNIT 1 1 10" PVC SEWER 34,714.00 34,714.00 37,536.00 2 SEWER MANHOLD 13,500.00 13,500.00 12,000.00 3 CUTOFF WALL '2,400.00 2,400.00 2,400.00 50,614.00 50,614.00 51,936.00 PROJECT 6 TOTAL: 87,112.00 87,112.00 90,105.00 SUMMARY OF PROJECT NO.6 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST PROCTOR VALLEY ROAD 5,444.00 47% 2,558.68 MT MIGUEL ROAD 32,725.00 60% 19,635.00 UNIT 1 51.936.00 42% 21,813.12 90,105.00 44,006.80 20 )00d-.- ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART II - COST ESTIMATES PROJECT NO.7: PROCTOR VALLEY OFFSITE SEWER PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF 1 MOBILIZATION 40,000.00 40,000.00 40,000.00 2 SUPPLY BONDS 6,500.00 6,500.00 6,500.00 3 15" PVC SEWER 110,600.00 110,600.00 88,200.00 4 12" PVC SEWER 33,980.00 33,980.00 33,880.00 5 10" PVC SEWER 82,460.00 82,460.00 82,460.00 6 SEWER MANHOLD 46,400.00 46,400.00 48,000.00 7 CONNECT TO EXISTING 500.00 500.00 500.00 8 CONNECT TO EXISTING 500.00 500.00 500.00 9 CONCRETE CRADLE 7,500.00 7,500.00 3,900.00 10 CONCRETE ENCASEMENT 5,400.00 5,400.00 5,400.00 11 JACKED STEEL CASING 23,744.00 23,744.00 23,744.00 12 TRENCH SHORING 17,725.00 17,725.00 17,725.00 13 16" C-905 PVC SEWER PIPE 0.00 0.00 24,400.00 14 SEWER METERING 0.00 0.00 30,213.53 15 COREDRILL MANHOLE AND CONDUIT (AW.) 0.00 0.00 460.00 PROJECT NO.7 TOTAL: 375,309.00 375,309.00 405,882.53 SUMMARY OF PROJECT NO.7 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST OFFSITE SEWER 405,882.53 26% 105,529.46 405,882.53 105,529.46 21 /tJ-3-;5 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) PART \I - COST ESTIMATES PROJECT NO.8: STORM DRAIN SYSTEM PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF EAST H STREET 1 18" RCP 12,900.00 12,900.00 13,410.00 0.00 2 24" RCP 10,575.00 10,575.00 10,575.00 0.00 3 36" RCP 4,500.00 4,500.00 4,320.00 4,320.00 4 42" RCP 31,590.00 31,590.00 31,590.00 31,590.00 5 48" RCP 48,760.00 48,760.00 48,336.00 48,336.00 6 CONC ENERGY DISSIPATOR 22,000.00 22,000.00 22,000.00 22,000.00 7 WING TYPE HEADWAll 4,000.00 4,000.00 4,000.00 4,000.00 8 TYPE B-1 CURB INLET 23,800.00 23,800.00 23,800.00 23,800.00 9 TYPE B-1 CURB INLET W/lUG 7,200.00 7,200.00 7,200.00 7,200.00 10 TYPE A-4 ClEANOUT 3,200.00 3,200.00 3,200.00 3,200.00 11 TYPE A-5 CLEAN OUT 9,300.00 9,300.00 12,400.00 12 TYPE A-8 MOD ClEANOUT 5,000.00 5,000.00 5,000.00 5,000.00 13 TYPE F CATCH BASIN 4,000.00 4,000.00 4,000.00 14 MOD TYPE F CATCH BASIN 2,200.00 2,200.00 2,200.00 2,140.00 15 DRAINAGE BASIN 1,100.00 1,100.00 1,333.16 16 TYPE A-5 ClEANOUT TO GRADE 880.00 880.00 17 BROOKS 12" X 12" CATCH BASIN 10,920.00 7,350.00 18 6" PVC 10,010.00 0.00 19 CONNECT TO 48" RCP ClEANOUT 680.00 680.00 20 CONNECT TO EXIST 48" RCP 326.00 326.00 21 18" RCP 4,805.00 4,805.00 22 14" RCP 1,710.00 2,288.07 23 36" RCP 94,185.00 94,185.00 24 TYPE B-1 CURB INLET 10,800.00 10,800.00 25 TYPE A-4 ClEANOUT 11,600.00 11,600.00 26 CURB OUTLET TYPE 0-25 4,000.00 0.00 27 BRICK & MORTAR PLUG 10.00 10.00 28 6"PVC 7,350.00 0.00 29 CONNECT 36" RCP TO ClEANOUT 500.00 0.00 30 INSTAll MEDIAN DRAIN 0.00 64,099.49 64,099.49 31 INSTAll OF FRENCH DRAIN 0.00 36,385.83 36,385.83 347,901.00 426,692.55 252,071.32 22 /vr ;>1 PROJECT NO.8: STORM DRAIN SYSTEM" CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF PROCTOR VALLEY ROAD 1 18' RCP 13500 5,504.00 5,504.00 5,504.00 2 36' RCP 13500 5,546.00 5,546.00 5,546.00 3 42' RCP 13500 4,380.00 4,380.00 4,380.00 4 60" RCP 13500 147,290.00 147,290.00 147,290.00 5 60" RCP 16500 41,658.00 41,658.00 41,658.00 6 66" RCP 116,358.00 116,358.00 116,358.00 7 CONCRETE LUG 1,116.00 1,116.00 1,116.00 8 A-6 CLEAN OUT 2,900.00 2,900.00 2,900.00 9 A-7 CLEANOUT 9,120.00 9,120.00 9,120.00 10 SPECIAL CLEANOUT 7,300.00 7,300.00 10,200.00 11 11' B-1 INLET 4,150.00 4,150.00 4,150.00 12 13' 8-1 INLET 3,450.00 3,450.00 3,450.00 13 15' B-1 INLET 3,660.00 3,660.00 3,660.00 14 17' B-1 INLET 4,810.00 4,810.00 4,810.00 15 TYPE F CATCH BASIN 2,350.00 2,350.00 2,350.00 16 WING HEADWALL 10,500.00 10,500.00 10,500.00 17 RIP RAP 5,900.00 5,900.00 5,900.00 18 A-6 CLEANOUT X=6 Y=7 8,900.00 8,900.00 8,900.00 19 a-7 CLEANOUT X=6 Y=7 4,500.00 4,500.00 4,500.00 20 SPECIAL SLURRY FOR DOUBLE 66" SO 5,880.00 5,880.00 5,880.00 21 BLASTING 60,000.00 60,000.00 0.00 455,272.00 455,272.00 398,172.00 23 .,--- )(} ~;J3' PROJECT NO.8: STORM DRAIN SYSTEM - CONT'D: PRELIMINARY CONFIRMED AMENDED ITEM NO. DESCRIPTION ASSESSMENT ASSESSMENT FINAL DIF MT MIGUEL RD 1 18" RCP 13500 5,280.00 5,280.00 5,280.00 2 21" RCP 13500 2,808.00 2,808.00 2,808.00 3 24" RCP 13500 5,775.00 5,775.00 25,704.00 4 30" RCP 13500 3,975.00 3,975.00 3,975.00 5 36" RCP 13500 56,935.00 56,935.00 56,935.00 6 42" RCP 13500 56,648.00 56,648.00 56,648.00 7 A-4 CLEANOUT 20,320.00 20,320.00 20,320.00 8 5' B-1 INLET 2,650.00 2,650.00 2,650.00 9 TYPE F CATCH BASIN 4,700.00 4,700.00 4,700.00 10 WING HEAOWALL 3,500.00 3,500.00 3,500.00 11 RIP RAP 1,900.00 1,900.00 1,900.00 12 CUT OFF WALL 2,750.00 2,750.00 2,750.00 13 DESILTER 4,725.00 14 A-5 CLEANOUT 5,550.00 5,550.00 5,550.00 15 A-5 CLEANOUT X=5 Y=8 4,450.00 4,450.00 4,450.00 181,966.00 177,241.00 197,170.00 UNIT 1 1 18" RCP 13500 11,040.00 11,040.00 11,040.00 2 42" RCP 13500 104,682.00 104,682.00 104,682.00 3 42" RCP 15000 7,656.00 7,656.00 7,656.00 4 48" RCP 13500 34,860.00 34,860.00 34,860.00 5 48" RCP 14000 17,181.00 17,181.00 17,181.00 6 CONCRETE LUG 1,860.00 1,860.00 1,860.00 7 A-5 CLEANOUT 24,975.00 24,975.00 24,975.00 8 27'B-l INLET 4,850.00 4,850.00 4,850.00 9 26' B-1 INLET 4,600.00 4,600.00 4,600.00 10 19' B-1 INLET 4,100.00 4,100.00 4,100.00 11 21' B-1 INLET 4,310.00 4,310.00 4,310.00 12 23' B-1 INLET 4,350.00 4,350.00 4,350.00 13 TYPE F CATCH BASIN 7,050.00 7,050.00 7,050.00 14 CUTOFF WALL 5,500.00 5,500.00 5,500.00 15 9' B-2 INLET 3,100.00 3,100.00 3,100.00 16 BLASTING/AOO'L BACKFILL 29,000.00 29,000.00 0.00 269,114.00 269,114.00 240,114.00 PROJECT NO.8 TOTAL 1,254,253.00 1,262,148.55 252,071.32 24 jo..-..-?b PROJECT NO.8: STORM DRAIN SYSTEM - CONT'D: SUMMARY OF PROJECT NO.8 COSTS ALLOCATION TO DISTRICT FINAL COST ALLOCATION AD COST EAST H STREET 426,692.55 56.25% 240,014.56 PROCTOR VALLEY ROAD 398,172.00 50% 199,086.00 MT MIGUEL ROAD 197,170.00 100% 197,170.00 UNIT 1 240.114.00 100% 240.114.00 1,262,148.55 876,384.56 25 )0-37 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 SALT CREEK I - CITY OF CHULA VISTA PART II - ESTIMATE OF CONSTRUCTION COSTS (CONTINUED) A.D. 90-1 CONSTRUCTION ALLOCATION COST - SUMMARY AD COST PRELIMINARY CONFIRMED AMENDED ASSESSMENT ASSESSMENT FINAL DIF PROJECT NO.1: GRADING 291,731.00 291.731.00 127,440.00 119.532.00 PROJECT NO.2: EAST H STREET 608,042.08 608,042.08 639,334.19 1,372,978.65 PROJECT NO.3: SR 125 LANDSCAPING 267,000.00 267,000.00 79,812.56 0.00 PROJECT NO.4: WATER SYSTEM 209,393.47 209,393.47 286,643.28 0.00 PROJECT NO.5: RECLAIMED WATER 218,292.86 218,292.86 249,915.72 0.00 PROJECT NO.6: SEWER SYSTEM 42,315.84 42,315.84 44,006.80 0.00 PROJECT NO.7: OFFSITE SEWER SYSTEM 97,580.34 97,580.34 105,529.46 0.00 PROJECT NO.8: STORM DRAIN SYSTEM 874,427.01 874,427.01 876,384.56 151,766.00 PROJECT CONSTRUCTION COST: 2,608,782.60 2,608,782.60 2,405,066.77 1,644.276.65 CONTINGENCY (10%) 260,878.26 260,878.26 0.00 SUBTOTAL CONSTRUCTION COST: 2,869,660.86 2,869.660.86 2,405,066.77 .PLUS TOTAL DIF ALLOWED: 1,326,816.00 1,381,816.00 1,381,896.00 TOTAL CONSTRUCTION COST $4,196,476.86 4,251,476.86 3,786,962.77 26 ) tJ ~3 :;('. ITEM NO. DESCRIPTION PRELIMINARY CONFIRMED CONSTRUCTION COSTS: $4,251,556.86 $3,786,962.71 INCIDENTAL EXPENSES 1 PROJECT MANAGEMENT 16,000.00 16,000.00 2 ASSESSMENT ENGINEERING 56,650.00 56,650.00 3 DESIGN ENGINEERING 65,000.00 85,876.54 4 UTILITY CONSULTANT 11,335.00 12,631.00 5 BOND COUNSEL 35,126.38 34,793.16 6 FINANCIAL CONSULTANT 63,000.00 63,000.00 7 LANDSCAPE ARCHITECT 29,641.00 31,757.00 8 SOILS ENGINEERING 44,111.00 35,939.00 9 CONSTRUCTION SURVEY/STAKE 63,886.00 77,868.41 10 PUBLIC AGENCY PROJECT MANAGE 45,700.00 35,200.00 11 DEVELOPMENT BOND PREMIUM 653.00 650.00 12 PERMIT FEES OTAY WATER 23,700.00 23,700.00 SDG&E 20,000.00 20,000.00 S D COUNTY 1,319.00 15,477.35 CITY OF C V 135,000.00 45,310.00 13 PRINTING, ADVERTISING, POSTING 1,000.00 1,000.00 14 UTILITY FEE 144,790.00 145,900.00 LESS UTILITY REFUND (116,349.00) (116,349.00) 15 PRINTING OF BID DOCUMENTS 20,000.00 20,000.00 16 BOND PRINTING, SERVICING & REGISTRATION 10,000.00 10,000.00 TOTAL INCIDENTAL COSTS $ 670,562.38 614,593.46 DEVELOPER CONTRIBUTION (388,024.21 ) (615,955.89) (183,577.41) SUBTOTAL CONSTRUCTION & EXPENSES $4,306.163.35 $4,217,978.82 COSTS OF ISSUANCE CAPITALIZED INTEREST (SIX MOS. @ 8%) 215,609.68 205,055.40 0.00 BOND DISCOUNT (3%) (2%) 161,707.26 102,527.70 95,863.16 RESERVE FUNDS (10%) 539,024.21 512,638.49 479,315.78 SUBTOTAL COSTS OF ISSUANCE 820,221.59 575,178.94 TOTAL INCIDENTAL EXPENSES - BOND COSTS $1,193,765.36 $ 874,828.08 $1,006,194.99 BALANCE TO ASSESSMENT $5,390,424.22 $5,126,384.94 $4,793,157.76 27 )0,--3; ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA ( THIS PAGE LEFT BLANK) 28 JO~J/tJ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA. VISTA SECTION "8" MAXIMUM DEVELOPMENT IMPACT FEE Pursuant to Ordinance No. 2431 (amending Ordinance No. 2251), the Development Impact Fee (DIF) as it relates to the funding of transportation facilities in the City's eastern territories has been given a value per development type. Financial and engineering studies, and the City's General Plan show that the transportation network in the Salt Creek I area will be adversely impacted by new development unless new transportation facilities are added to accommodate an increased traffic generation. Mitigating facilities, as defined within the Eastern Area Development Impact Fee for Streets, Final 1990 Revision, are being constructed within the Salt Creek I project area. Only those eligible DIF facilities within Assessment District No. 90-1 and their respective costs shall be included within the assignment of the final spread to the parcels within the boundary of the District, the remainder goes to DIF credit. A. CONSTRUCTION ESTIMATE EAST "H" STREET: Grading Improvements Storm Drain Landscaping Subtotal $ 119,532.00 $ 1,163,648.38 $ 252,071.32 $ 219.889.01 $ 1,503,069.39 B. INCIDENTAL EXPENSES DIF PROGRAM SUPPORT (2%) TOTAL $ 27.637.92 $ 1,530,707.31 C. DISTRICT DlF GENERATION 166 SFR @ $3,060 216 TWH @ $2,448 141 COO @ $2,448 = $ 507,960.00 $ 528,768.00 $ 345.168.00 = = MAXIMUM DIF $ 1.381.896.00 BALANCE TO CREDIT $ 148,811.31 29 /()~-!// ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE STREETS AND HIGHWAYS CODES OF THE STATE OF CALIFORNIA PART 11/ - ASSESSMENT ROLL WHEREAS, on September 17, 1991, the City Council did, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, adopt Resolution of Intention No. 16343 for the acquisition of certain public improvements, together with appurtenances and appurtenant work in connection therewith in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (Hereinafter referred to as the "Assessment District"); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Superintendent of Streets to make and file a report consisting of the following: 1) Plans and Specifications; 2) Cost of Improvements; 3) A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the assessment district; 4) Assessment Diagram showing the assessment district and the subdivisions of land contained herein; 5) A description of the public improvements to be acquired; 6) Assessment Engineer's Certificate verifying improvements. For particulars, reference is made to the Resolution of Intention as adopted by the City Council. 30 J(J/J/ ~ NOW THEREFORE, I, John P. Lippitt, as appointed Superintendent of Streets, and pursuant to the "Municipal Improvement Act of 1913", do herein submit the following: 1) I, pursuant to the provisions of law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District benefitted thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars of the identification of said parcels, reference is made to the Assessment Diagram. 2) As required by law, a Diagram is herein included, showing the Assessment District boundary, as well as the boundaries of the benefitting parcels within the district as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3) The subdivisions and parcels of land and the numbers therein as shown on the respective Assessments Diagram as included herein correspond with the numbers as appearing on the Assessment Roll as contained herein. 4) NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments and the last installment of said bonds shall mature a maximum of TWENTY-FIVE (25) YEARS from the day of next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum of 12% per annum. 5) By virtue of the authority contained in said "Municipal Improvement Act of 1913", and by further direction and order of the City Council, I hereby make the following assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: Acquisition Construction Cost Less Developer Contribution Incidental Expenses Costs of Issuance Balance to Assessment Confirmed $ 4,251,556.86 < 615,955.89 > 670,562.38 820.221.59 $ 5,126,384.94 Amended Final $ 3,786,962.77 < 183,577.41 > 614,593.46 575.178.94 $ 4,793,157.76 31 ItJ'~~3 6) In addition to or as a part of the assessment lien levied against each parcel of land within the Assessment District. each parcel of land shall also be subject to an annual assessment to pay costs incurred by the City and not - otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any bonds and/or reserve or other related funds. TIle maximum amount of such annual assessment upon each parcel of land shall not exceed 5% of the amount of the annual assessment installment. 7) All costs and expenses of the works of improvement have been assessed to all parcels of land within the Assessment District in a manner which is more clearly defined in the "Method and Formula of Assessment Spread", which is a part of this Assessment Roll. TIlis preliminary report dated: s;.,f. ) 7 . 1991 By: u/~ IJOhn P. Uppitt Superintendent of Streets City of Chula Vista State of Califomia TIlis final report dated: Oe:t ,1.1- , 1991 By: .. .~ John P. Uppitt Superintendent of Streets City of Chula Vista State of California ) v--1/t! 17-Jul-92 1 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 ( SALT CREEK I) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. -------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------- 1 159538001 I LOT 1, MAP 12827 91-292094 fN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 2 159538002 ILOT 2, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 1 11,385.42 I 3 159538003 ILOT 3, MAP 12827 91-292094 fN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 I 4 159538004 I LOT 4, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 5 159538005 I LOT 5, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 6 159538006 I LOT 6, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 7 159538007 ILOT 7, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 8 159538008 ILOT 8, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 9 159538009 I LOT 9, MAP 1282791-292094 fN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 10 159538010 I LOT 10, MAP 12827 91-292094 FN PROJECTS, INC CIO THE 8ALDWIN CO. 13,049.61 I 11,385.42 I 11 159538011 ILOT 11, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 12 159538012 ILOT 12, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 13 159538013 ILOT 13, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 I 14 159538014 I LOT 14, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 I 15 159538015 1 LOT 15, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 16 159538016 ILOT 16, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 17 159538017 ILOT 17, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 I 18 159538018 I LOT 18, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 19 159538019 I LOT 19, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 20 159538020 I LOT 20, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 21 159538021 I LOT 21, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 I 22 159538022 ILOT 22, MAP 12827 91-292094 fN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 I 23 159538023 ILOT 23, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 24 159538024 I LOT 24, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 25 159538025 I LOT 25, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 26 159538026 I LOT 26, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 27 [59538027 I LOT 27, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 28 159538028 I LOT 28, MAP 12827 91-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 29 159538029 ILOT 29, MAP 12B27 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 30 159538030 I LOT 30, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 31 159538031 I LOT 31, MAP 1282791-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 32 159538032 I LOT 32, MAP 1282791-292094 FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 33 159538033 I LOT 33, MAP 12B27 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 34 159538034 ILOT 34, MAP 12827 91-292094 [FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 35 159538035 ILOT 35, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 36 159538036 I LOT 36, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 37 159538037 I LOT 37, MAP 1282791-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 I 11,385.42 38 159538038 I LOT 38, MAP 1282791-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 39 I 5953B039 ILOT 39, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 40 159538040 ILOT 40, MAP 12827 91-292094 I FN PROJECTS, INC CIO THE BALDWIN CO. 13,049.61 I 11,385.42 41 159538041 I LOT 41, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 1 11,385.42 /Vr-t)~ 17-Jul-92 2 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 ( SALT CREEK I) ASMT LEGAL PRELIMINARY CONF lRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. =======================================================================================================--============ 42 159538042 1 LOT 42, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 1 43 159538043 1 LOT 43, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 44 159538044 1 LOT 44, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 1 45 159538045 1 LOT 45, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 46 159538046 ILOT 46, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 47 159538047 ILOT 47, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 48 159538048 ILOT 48, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 49 159538049 ILOT 49, MAP 12827 91-292094 fN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 I 50 159538050 ILOT 50, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALOWIN CO. 13,049.61 11,385.42 I 51 159538051 ILOT 51, MAP 12827 91-292094 FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 I 52 159538101 I LOT 52, MAP 12827 91-292094 FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 1 53 159538102 I LOT 53, MAP 12827 91-292094 FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 I 54 159538103 I LOT 54, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 55 159538104 ILOT 55, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 56 159538105 I LOT 56, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 57 159538106 ILOT 57, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 58 159538107 1 LOT 58, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 59 159538108 ILOT 59, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 60 159538109 ILOT 60, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 61 159538110 ILOT 61, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 62 159538111 ILOT 62, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 63 159538112 ILOT 63, MAP 12827 91-292094 fN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,3B5.42 I 64 159538113 ILOT 64, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 65 159538114 ILOT 65, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 66 159538115 ILOT 66, MAP 12827 91-292094 fN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 67 159538116 ILOT 67, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 68 159538117 ILOT 68, MAP 12827 91-292094 FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 1 69 159538118 ILOT 69, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 70 159538119 ILOT 70, MAP 12827 91-292094 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 71 159539001 ILOT 1, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 72 159539002 ILOT 2, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 73 159539003 ILOT 3, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 74 159539004 ILOT 4, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 75 159539005 ILOT 5, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 76 159539006 ILOT 6, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 77 159539007 ILOT 7, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 78 159539008 I LOT 8, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 79 159539009 I LOT 9, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 SO 159539010 I LOT 10, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 81 159539011 I LOT 11, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 /O~L/b 17-Jul-92 3 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 ( SALT CREEK j) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ==================================================================================================================== 82 159539012 ILOT 12, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 83 159539013 ILOT 13, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 84 159539014 I LOT 14, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 85 159539015 ILOT 15, MAP 12828 91-292095 fN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 86 159539016 ILOT 16, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN co. 13,049.61 11,385.42 87 159539017 1 LOT 17, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN co. 13,049.61 11,385.42 88 159539018 ILOT 18, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 89 159539019 ILOT 19, MAP 12828 91-292095 FN PROJECTS, INC C\O THE 8ALDWIN Co. 13,049.61 11,385.42 90 159539020 ILOT 20, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 91 159539021 LOT 21, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 92 159539022 LOT 22, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 93 159539023 LOT 23, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 94 159539024 LOT 24, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 95 159539025 LOT 25, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN co. 13,049.61 11,385.42 96 159539026 LOT 26, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 97 159539027 LOT 27, MAP 12828 91-292095 FN PROJECTS, INC C\O THE BALDWIN co. 13,049.61 11,385.42 98 159539028 LOT 28, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 99 159539029 LOT 29, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 100 159539030 LOT 30, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 101 159539031 LOT 31, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 102 159539032 LOT 32, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 103 159539033 LOT 33, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 104 159539034 LOT 34, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 105 159539035 LOT 35, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 106 159539036 LOT 36, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 107 159539037 1 LOT 37, MAP 12828 91-292095 1 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 108 159539038 1 LOT 38, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 109 159540001 1 LOT 1, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 110 159540002 1 LOT 2, MAP 1282991-292096 FN PROJECTS, INC C\O THE 8ALDWIN CO. 13,049.61 11,385.42 111 159540003 1 LOT 3, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 112 159540004 I LOT 4, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 113 159540005 1 LOT 5, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 114 159540006 1 LOT 6, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 115 159540007 I LOT 7, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 116 159540008 I LOT 8, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 117 159540009 I LOT 9, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 118 159540010 1 LOT 10, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 119 159540011 1 LOT 11, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 120 159540012 1 LOT 12, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 121 159540013 1 LOT 13, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 )& ,17 17-Jul-92 4 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK 1) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ==============================================-===================================================================== 122 159540014 ILOT 14, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 123 159540015 ILOT 15, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 124 159540016 ILOT 16, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 125 159540017 ILOT 17, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 126 159540018 ILOT 18, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 127 159540019 ILOT 19, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 128 159540020 ILOT 20, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 129 159540021 ILOT 21, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 130 159540022 ILOT 22, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 131 159540023 1 LOT 23, MAP 1282991-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 132 159540024 I LOT 24, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 133 159540025 ILOT 25, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 134 159540026 ILOT 26, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 135 159540027 I LOT 27, MAP 12B29 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 136 159540028 ILOT 28, MAP 12B29 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,3B5.42 137 159540029 1 LOT 29, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 138 159540030 ILOT 30, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 139 159540031 ILOT 31, MAP 12B29 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 140 159540032 I LOT 32, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 141 159540033 ILOT 33, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 1 142 159540034 I LOT 34, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 143 159540035 I LOT 35, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 144 159540036 ILOT 36, MAP 12829 91-292096 IFN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 145 159540037 ILOT 37, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 1 146 159540038 ILOT 38, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. I 13,049.61 11,385.42 I 147 159540039 ILOT 39, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 148 159540040 ILOT 40, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 149 159540041 ILOT 41, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 150 159540042 ILOT 42, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 151 159540043 ILOT 43, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 152 159540044 ILOT 44, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 153 159540045 ILOT 45, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 154 159540046 ILOT 46, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 1 155 159540047 ILOT 47, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 156 159540048 I LOT 48, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 157 159540049 ILOT 49, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 158 159540050 ILOT 50, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 159 159540051 I LOT 51, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 160 159540052 ILOT 52, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,3B5.42 I 161 159540053 ILOT 53, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I 162 159540054 ILOT 54, MAP 12829 91-292096 FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 I / (}-t/c~ 17-Jul-92 5 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ===--=============================================================================================================--== 163 159540055 I LOT 55, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CD. 13,049.61 11,385.42 164 159540056 I LOT 56, MAP 12829 91-292096 I FN PROJECTS, INC C\D THE BALDWIN CO. 13,049.61 11,385.42 165 159540057 ILOT 57, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 166 159540058 I LOT 58, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. 13,049.61 11,385.42 2,166,235.26 1,889,979.72 167 159539039 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 168 159540059 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 169 159538121 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 170 159538120 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 171 159540060 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 172 159503015 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 173 159503016 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 174 159503017 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 175A 159503020 ITOWNHOME PRODUCT IFN PROJECTS, INC C\O THE BALDWIN co. 9,022.04 8,716.49 I IT = 216 IFN PROJECTS, INC C\O THE BALDWIN CO. 1,939,738.36 1,882,761.49 175B 159503020 ICONDO PRODUCT IFN PROJECTS, INC C\O THE BALDWIN CO. 6,499.44 7,236.98 1 I C = 141 IFN PROJECTS, INC C\O THE BALDWIN CO. 1,020,411.30 1,020,416.58 176 159503010 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 177 159503010 I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 178 I I EXEMPT ICITY OF CHULA VISTA 0.00 0.00 TOTAL ASSESSMENT 5,126,384.92 4,793,157.79 /0-1; This Amended Final Report dated: 33 ,1992 By: John P. Lippitt Superintendent of Streets City of Chula Vista State of California / !) ~~?{} I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing asse. ssment, toget~-t.::e diagram attached thereto, was filed in my office on the \"\ day of k , 1991. - City Clerk City of Chula Vista State of California M I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was approved and ~ed by the City Council of the City of Chula Vista on the c2~ day of .L.. , 1991. ~~~~~.~ City of Chula Vista State of California I, John P. Uppitt, as Superintendent of Streets of said City, do hereby certify that the foregoing assessments, togqther with the diagram attached thereto, was recorded in my office on the ~ If- day of !!!.!:f ' 1991. / perintendent of Streets City of Chula Vista State of California ) ()- 5/ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD (Continued) for Unit 1, (Map 12827, 91-292094), Unit 2 (Map 12828, 91-292095) and Unit 3 (Map 12829, 91-292096). The properties within the assessment district boundary are currently under development. Because ofthe interrelationship of the various public improvements needed for development, the assessment district funding and construction mechanism is an efficient way to fund and construct the improvements. Soread Methodologv Project No.1: Project Grading Project No.2: East "H" Street East "H" Street and State Route 125, together with other major streets, are included within the City's Development Impact Fee program, a program for financing the major streets in the eastern area. The total eligible DIF was quantified to be $1,381,896.00 (Page 29). Project No.1 grading and Project NO.2 for East "H" Street are eligible within the DIF (refer to Estimate of Costs, Project No.2). District allocation costs attributed to included streets are a result of inherent benefit to the future parcels to essentially provide transportation facilities. The benefit to the properties within this District is that through each property's participation, it attains its share of capacity in the eastern area circulation street system. Since these facilities are a part of this program, we are applying the same methodology for benefit that was used in the formulation of the Development Impact Fee program. Therefore, the assessment levy against each parcel equals the amount of the Development Impact Fee. The cost allocation will be spread upon the average daily traffic generation rates and equivalent dwelling unit factors as established by the DIF Transportation Program within Table 1, as follows: 36 ) tJ-~.2 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD (Continued) for Unit 1, (Map 12827, 91-292094), Unit 2 (Map 12828, 91-292095) and Unit 3 (Map 12829,91-292096). The properties within the assessment district boundary are currently under development. Because ofthe interrelationship of the various public improvements needed for development, the assessment district funding and construction mechanism is an efficient way to fund and construct the improvements. SDread Methodoloav Project No.1: Project Grading Project No.2: East "H" Street East "H" Street and State Route 125, together with other major streets, are included within the City's Development Impact Fee program, a program for financing the major streets in the eastern area. The total eligible DIF was quantified to be $1,381,896.00 (Page 29). Project NO.1 grading and Project NO.2 for East "H" Street are eligible within the DIF (refer to Estimate of Costs, Project No.2). District allocation costs attributed to included streets are a result of inherent benefit to the future parcels to essentially provide transportation facilities. The benefit to the properties within this District is that through each property's participation, it attains its share of capacity in the eastern area circulation street system. Since these facilities are a part of this program, we are applying the same methodology for benefit that was used in the formulation of the Development Impact Fee program. Therefore, the assessment levy against each parcel equals the amount of the Development Impact Fee. The cost allocation will be spread upon the average daily traffic generation rates and equivalent dwelling unit factors as established by the DIF Transportation Program within Table 1, as follows: 36 /0- ;J ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD (Continued) street network is completed, thereby providing additional capacity in the overall circulation network. The Storm Drain System for these major transportation facilities has been allocated from a storm drain system designed to mitigate the storm water generated from the Salt Creek Ranch. The Storm Drain System specifically serving East "H" Street has been allocated by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Analysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. The Estimate of Costs, contained hereinbefore, reconciles the Development Impact Fees for eligible DIF infrastructure. Other items of construction and incidentals which were not eligible for DIF credits were made a part of this assessment district. Those costs are to be spread to the properties benefitted using the ADT factors as noted in Table 1. The addition of applicable incidentals and financing costs were added to the DIF for a total spread amount to the properties participating in the DIF. Soread Methodoloav Project NO.4: Water System The Water System is comprised of two pressure zone areas --710 and 980, as defined by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Analysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed water system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. Therefore, the construction cost for the water system has been assigned to these benefitting areas by their allocation percentage (Wilson Report, page two, within Appendix). Only those costs assigned to the District are to be spread to the benefitted parcels. Historical water demand factors for the land uses within the District have previously been translated to Equivalent Dwelling Units the NBS-Lowry Water Subarea Master Plan, February 23, 1990. The following shall serve to assign the assessment for the Water System: 38 / C:5i ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD (Continued) street network is completed, thereby providing additional capacity in the overall circulation network. The Storm Drain System for these major transportation facilities has been allocated from a storm drain system designed to mitigate the storm water generated from the Salt Creek Ranch. The Storm Drain System specifically serving East "H" Street has been allocated by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Analysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. The Estimate of Costs, contained hereinbefore, reconciles the Development Impact Fees for eligible DIF infrastructure. Other items of construction and incidentals which were not eligible for DIF credits were made a part of this assessment district. Those costs are to be spread to the properties benefitted using the ADT factors as noted in Table 1. The addition of applicable incidentals and financing costs were added to the DIF for a total spread amount to the properties participating in the DIF. SDread Methodoloav Project No.4: Water System The Water System is comprised of two pressure zone areas --710 and 980, as defined by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Analysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed water system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. Therefore, the construction cost for the water system has been assigned to these benefitting areas by their allocation percentage (Wilson Report, page two, within Appendix). Only those costs assigned to the District are to be spread to the benefitted parcels. Historical water demand factors for the land uses within the District have previously been translated to Equivalent Dwelling Units the NBS-Lowry Water Subarea Master Plan, February 23, 1990. The following shall serve to assign the assessment for the Water System: 38 ..-..r' / 0- }?~ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD (Continued) Land Use Tvpe Assianment Single Family Residential, Detached 1.0 per Dwelling Unit Townhouse, Residential 0.8 per Dwelling Unit Condominium, Residential 0.8 per Dwelling Unit Project No.5: Reclaimed Water The Reclaimed Water System to be included in the District consists of only the 16- inch reclaimed transmission main. The total system consists of both 8-inch and 16-inch transmission mains. These facilities are located within East "H" Street, Proctor Valley Road and Mt. Miguel Road. As with the Water System, the costs of this project have been allocated between the District and other benefitting areas. Per page four of the Wilson Report --as previously cited-- the cost sharing for the Reclaimed Water Facilities are defined as applicable to the District. The utility of this system is of benefit to the entire District area for its erosion, irrigation and landscape maintenance. Since the Reclaimed Water System will serve vital erosion control and appurtenant slope maintenance, in combination with the landscaping amenities, the spread allocation will be the same methodology used for the roadway projects. This benefit assignment will be based upon trip generation assignment by land use as defined in Table 1. Project NO.6: Sewer System Project NO.7: Offsite Sewer - Proctor Valley Road The number of units benefitting from the Salt Creek Ranch were estimated based upon the latest SPA Plan and confirmed by recorded maps within the Salt Creek I area. As with the Water System and the Reclaimed Water System, the Sewer System proposed, including the variable diameter Offsite Sewer proceeding from the District Boundary northerly within Proctor Valley Road into the County of San Diego, has been allocated 39 J {/~~6 as it serves and benefits the District. Only those costs allocated to the District shall be spread to the benefitting parcels. Historical wastewater generation factors for the land uses within the District have previously been translated to Equivalent Dwelling Units in the NBS-Lowry Wastewater Subarea Master Plan, May, 1990. The following shall serve to assign the assessment for the Sewer System: Land Use Tvoe EDU Assianment Single Family Residential, Detached Townhouse, Residential 1.0 per Dwelling Unit 0.8 per Dwelling Unit Condominium, Residential 0.8 per Dwelling Unit The cost of incidentals has been spread proportionately over the various improvements in the direct proportion that the improvement bears to the total cost of improvements for both the DIF eligible and non-DIF eligible improvements. In conclusion, it is my opinion that the assessments for Assessment District No. 90-1 are spread in direct accordance with the benefits that the land within the district boundary receives from the works of improvements. Dated: IO/I1..jQ/ Muni Financial Services, Inc. ~f!~ David Keltner, P.E. Director, Special District Services / tJ ~ 57 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART IV - ASSESSMENT DIAGRAM BOUNDARY MAPS AND ASSESSMENT DIAGRAMS are on file in the offices of the City Clerk and the Superintendent of Streets. Reduced copies of these maps are contained hereinafter. 41 /0/521 _..._.__.......,..,.'.,...i....-...____ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART V - DfSCRlPTJON OF WORK The general description at work to be acquired by this Assessment District consists at the tollowing: 1. East "H" Street: (proposed right-at-way to vary trom 104' to 152') trom Eastlake Drive to Mt. Miguel Road; including, but not limited to, grading, street improvement, water, sewer, storm drain, telephone, electricity, gas, landscaping and related appurtenant structures. 2. STATE ROUTE 125: (bisected by "H" St. southwesterly corner at District) rough grading, erosion control, landscaping and block wall construction. 3. Mt. Miguel Road (proposed 88' right-at-way): tram Proctor Valley Road to approximately 1500' south at East "H" Street, 44' right-at-way to include grading, water, sewer, storm drain, and related appurtenant structures. 4. Proctor Valley Road (San Diego County, varying 60' right-at-way) to include grading, water, and related appurtenant structures. 5. Offsite Sewer: Within Proctor Valley Road: Facility varies in diameter from 10", 12",15", approximately 9819' linear feet proceeding from the within the District (the City at Chula Vista) then exiting northwesterly within Proctor Valley Road into the County at San Diego. 6. Main Infrastructure Water, Sewer, Reclaimed Water and Storm Drain traversing and serving single tamily residential home areas within the boundary of the District. 42 /C '~51 ASSESSMENT DIAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 I SALT CREEK I I FOR THE ",- CITY OF CHULA VISTA "" ....... ~UNTY OF SAN DIEGO. STATE OF CALFORNlA ........ ------ ....... ~w.......... ...-;..-;-~----- @ QRAPHtC SCALE 200 0 200 '"...._~ ... I 1._' ,_._n / / / / I / I / / '/ / l~ / / / I I I I I I It; / I~I I~/ I" / /'~ / /t;-/ I"'~/ / / / I / / " / I ~~"'-...../ / - - - - ..-T--... ) 1-1-1'"/..... / /"""'0." ~/l-;- ...... VICINITY MAP -~ LEGEND -- @ @I -.- -.-.. MFS ""Nt FINANCIAL aPtVICEs. lne. 41217 Me .... ........ ,..... T._.wl, . c...,...... .,SN 17141 ..-.ana .....'" SHEET 1 Of IS I I I -.! . .. .. . .. _::::::::J~~{}{ :::~:~:~:t~t I ----- <D t . . . " . ..... .. -@ ......... '.'::::::. II .. ... . . .~~::. . .... . . ... .. ~, "'I III :> CJ li ..: ~ i . . l l . @ I....... ,....CT_..._ UIIlr'I'''''llI_._ -..-........- ...... ---.- - ........-..............".____cnT ..e........~.."..TI..c_CNI.__..._ --.....--- .-- ...u...-___,___ .. A___......._....__ 111'111_"_'-"" ,_,"'_CIn'''' -..-__"""TIlI_"".. -._ .._'0___...._.._.-.. ".._- ._.,..-~_...- ....-"uw.__.-......__ --- GnY_CR'I'_~_" .....___._.."._..._an... -.._.._---JIr,&"W_ _ ......_ATl'....__a -.--...-.-. .-.. _Clft",__A__lIIII>'___ (1R* .-.--.-. CII'I'I'..__ra --~,-~_..,--- ..- ~r..-":=-=_'M:'.' 111_""" ......... lIT... ...__c-., J(;//~ ASSESSMENT DIAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE , " CITY OF CHULA VISTA ", ...... ~UNTY OF SAN DIEGO. STATE OF CALIFORNIA ....... ------ ....., NOCTolI"............ "@ @ SlUT 1 OF 5 -- I I I j .. . '" . .......... GRAPHIC SCALE 200 ~. ~ ~------ ... I '"' ::I I I.....' ._._n . . . . . / / / / I / I / / ~ II / ~/ I I I I I I I I I It; I I~I It; I I" I I ,'l:o I 1';'1 l,;fl I I / I I / '- / / ~"--' / )d'~..,. ( ,. ~(C"....... / /""'-. ~/~i' .... 8 VICINITY MAP -~ ,5aU_ ft&eT__.... IIIlI"rt.....,ft7._ lIIlI"rilo....ft___ .......--- --- --. ....1l.___.,.........y_C~..."._cnT .. CIlUI.A ..f... .,,:n WI C""'- _,.~.. ~ _______ '_A_ .............._110&...._- .- "..___....A-'-...__ ._ClI'l'IDI"M'~" ._.....CftT.. -... -...---"""..-.... -- ._'10__....._.__.. _.~.. ._........ucr_..._ A..._~A__'_....-__ --- LEGEND --. @ [/:@. -.- GIn _ CRT ... __ --.-A I _.~ ,.,..__......ClTT_.....-.... -... ...f.. __---.M1' .._ .... GIT'I_SITI''''---. MF8 _.__w___r ._.01" 1NIClTT___Il__......... .... ('lR* .-.-.-. etn..___. ......_~Y..~_.T___ ..- ~:..-"':=-=~ "_,.,_ .........-r.... MUNI F1HAlfctAL SI!llIYICl[ll. I.... .QZ17 Itl. If__ ........Fl_ T._..... . C.Il"fftll 8211'0 17141 ..-.s.... ......, I (J-6 ) ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I I FOR THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO. STATE OF CALIFORNIA SlEET 3 OF 5 @ - @ - @ @ @ --- @ - RIVERCREEK COURT @ @ -- e @ @ @ --- @ Q - Z .. @l .. 15 - - > 8 @ ~ - - @l e - VICINITY MAP "~ LEGEND ,-- GRAPHIC SeAU '" b '" ,., _ _ lI..........d -- 'j' ---- ------ MFS @ -- ,.,..,. ,--"" MUM '....NClA&. snvtCl:., ..... .U17 Rle .... ......-..... T........ . C..,.,.. .:115_0 In.., ..e.4IHO r:::i~:::i:H ---.-- - ---.-.. "'10* /tJ~6c2 @i VICINITY MAP --- MFS ..... '''''/ltCIAL sDVtCEI. ..... 4Ut7IlI. ..... ...... ....... T_..... . c..,..... .a... 171.., ..-.a... lOOWC: ASSESSMENT DIAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN llIEGO. STATE OF CAUFORIlIA SlEET 3 OF 5 @ @ @ ........----- SEA BREEZE COURT @ .- @ Q - Z "' @ .. II< - "' - > @ @ ii - - @ - @ - @ LEGEND - - - - -~ GRAPHIC SCALE ~ _ -! . '1' 'j" I"""-_~ .-- I.flnl '_.711" @) -- r{::::~::i~:::d --- "'... - ~--... /O~b} ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN OIEOO. STATE OF CALFORHIA SlEET 5 OF 5 .' S~,,~ ..\\ "..",,, @l< GRAPHIC SCALE '~-~ .-...- '_._IT VICINITY MAP -- LEGEND ---- -- .-- MFS 8 -- f:::1::~:X~,:~\J -",-. - --..-- MUMt,...ute&AL.~ I... ....17111. N'" ........ F'- T_..... . c...... .UN Inti ........ ''''' / (;?~'h ASSESSMENT mAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I I FOR TIE CITY OF CHULA VISTA COUNTY OF SAN IllECO, STAn OF CAUFORHIA ~v.t.~ o''l\' S . .....s'" ~.. QIIAPHIC SCALE '~.._.u..-:.'" ".. ,_..... 1_.-" VICINITY MAP -~ LEGEND ---- -~ -- MFS 8 -- r:{d!j:~;:i] ---.-. - ...-..,,-- ..... ...AItCUL s...... I.... 40'17......... ...... ...... T_.... . c...,..... ..... Inti ....,no ,"" /CJ~b~ SlIEET 5 OF 5 ATTACHMENT TO THE NOTICE OF ASSESSMENT ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) FN PROJECTS, INC. 9800 S. SEPULVEDA BOULEVARD LOS ANGELES, CALIFORNIA 90045 THE BALDWIN COMPANY 11975 EL CAMINO REAL, SUITE 200 SAN DIEGO, CALIFORNIA 92130 /O---j,b ATTACHMENT TO THE NOTICE OF ASSESSMENT ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) FN PROJECTS, INC. 9800 S. SEPULVEDA BOULEVARD LOS ANGELES, CALIFORNIA 90045 THE BALDWIN COMPANY 11975 EL CAMINO REAL, SUITE 200 SAN DIEGO, CALIFORNIA 92130 /o~~7 ACQUISITION ASSESSMENT DISmlCT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA RIGHT-OF-WAY CERTIFICATE STATE OF CAUFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA The undersigned, David R. Keltner, hereby acknowledges that the following is all true and correct. At all times herein ;mentioned, the undersigned was, and is the authorized representative of Muni Financial Services, Inc., the duly appointed Assessment Engineer of the City of Chula Vista, California. That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California for the construction and acquisition of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (hereinafter referred to as the "Assessment District"). THE UNDERSIGNED STATES AND ACKNOWLEDGES AS FOLLOWS: a. That all easements, rights-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City. X b. That all easements, rights-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City, EXCEPT FOR THOSE DESCRIBED IN EXHIBIT "F" attached hereto, showing maps of rights-of-way and easements not yet obtained at this time. Muni Financial Services, Inc. /Jt~ ASSESSMENT ENGINEER CITY OF CHULA VISTA STATE OF CAUFORNIA It)--IP'7 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA RIGHT-OF-WAY CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA The undersigned, David R. Keltner, hereby acknowledges that the following is all true and correct. At all times herein ;mentioned, the undersigned was, and is the authorized representative of Muni Rnancial Services, Inc., the duly appointed Assessment Engineer of the City of Chula Vista, California. That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California for the construction and acquisition of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (hereinafter referred to as the "Assessment District"). THE UNDERSIGNED STATES AND ACKNOWLEDGES AS FOllOWS: a. That all easements, rights-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City. X b. That all easements, rights-of-way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City, EXCEPT FOR THOSE DESCRIBED IN EXHIBIT "F" attached hereto, showing maps of rights-of-way and easements not yet obtained at this time. Muni Rnancial Services, Inc. v8/!~ ASSESSMENT ENGINEER CITY OF CHULA VISTA STATE OF CALIFORNIA JO /62f ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA Amended Final approval by the City Council of the City of Chula Vista on the day of , 1992. City Clerk, City of Chula Vista 45 It)~!P! ._.."--_...__.__.._---_._._.._,~ ---.---~,- ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA Amended Final approval by the City Council of the City of Chula Vista on the day of , 1992. City Clerk, City of Chula Vista 45 It) -7tJ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA APPENDIX 46 /o~ ? / - I I 'II ' I II : ~ i I 5J . . ~ I , / Z .' liiil . I! ~. =! I ! II c~ . ~ I "'........ I I CIll- O : JiJ-'j;l ; : . ,. 00" u: .: .. ~~;H :;;,,, I -""" .....::. r --- d.~ + -- -.... - - :E W I- -- C1) . -- -- >- OYOH 13nmW 'lW . ..r:J'Y~ C1) . . al a: : W I- 1-< (.) in;: . @ :l:Q Xw . " Wi!!! . . I- <I: . . ..J . () . . W a: . . . . . . "- " " \ " " I ~ I~I .... /~/ " I<Q-/ '-" / ~( ~,:'t' / ~ " / L.~ l"""- v/ " I I . . i ! I . ! = I I'. 2 ; . ~ i . ! = I / Z i L i ! , i I IQO . I . I I . ;0........ I I rlU- I i , r:JJ u J(}~/3 .... i - ! "'" "H__ _._____.~...'_m .. OVOl! 13nmW "lW .. .. . .. -:l....... .o~ . . . . . . . . . . . o "'" I- @ :Ea: . WW Q 1-:: . rn w . >rn I-rn - W e a: I- x w- X ~~ W wu. cno ----I I I I I . I. : : . I I I I I J I , , I . I I I I I I , I , , I I I I , I I , I I I :~ = ,. ,. It, : ~ " :~ :~ ,~ I , I :I , . ~ . . . , , , , , , , , , , x. , , , , , , \ " I '-;.. /~,' '... /f~"'1 , / I ',../ f , .,<(, / ...... ~( J ~~ \ / ~ , / ~ ' / <<;"" r~ .... .r.... ... . , / I ::c: hi is ....... u ~5. @ a ~ I i . ~ i ~ .. , i : u_ -. ..- Z . I , I l. !I I . . . . I 'I : i I ! . . I . ! : I ! i ! leo lI'l"-' 1m... . . . i j r:J) . . ... ! - ! "'" UU~ :>O:.~ .....:..: ~!:::~ /0-; --~ IIi I I I , I I I. I. I :i I ..I I I .. as ".r;)1:l.U .,,, . u .. b . . u U - - . u - . u .. !! .. l;! .J ~ .. "'~-. .1' ~ UJ f0- CI) . >- ~cn , fo-!: -<( !!:!a: ::t:c ~~ a: o f0- CI) () "" I- @ I .. '. 1:1 lli , I a;l D ~I = ~l : . :I - . ,- o I . ,8 ,I ,~ I I. I~ I li / / I I /~ .;<:-> :;;::;:; t!i ::;,,: (~:) i ~i!,,, U ij:::: ~ ........ ........ '<<.:. :.:-:-:: :- :::::::::; $" ....,.,'.. . ir~~)n/ [~ ':-:::;.' I I , I : : I ; . i I I i . . . . : i : I i . . i ! . : l , . . -. I leu / Z i. . , !I I . - . I ",u.-.... . I Icn~ ! I , " CD ,. /O/ZS' l, ... " - H ~ -. .. -. ill III III .. Water Demand Factors wdUse EDU's Residential, Single Family Detached 1.0/ du Residential,. Condominiums .8/ du Residential, Apartments .7/ du Retail 7.8/ acre Commercial 5.6/ acre Industrial 5.6/ acre Church 2.0/ site Clubhouse 7.8/ acre Visitor's Center 7.8/ acre Table 2 II . .. t t Pipe sizes and water demand factors for the 980 system were taken from the NBS Lowry WOIer Subarea Master Plan, February 23, 1990. The Black and Veatch Otay WOIer District Benefit Analysis, April 16, 1990, was used in conjunction with the NBS Lowry Report to determine the extent of oversizing in the system. Funding for the 980 system through Assessment District 90-3 includes the installation cost of the minimum sized pipe necessary to service the EastLake Development only. l- I- l- I- 1- l- 1-- JSSlJANE11()4()()(}.XVu", 10. J99J 38 /rJ/7~ WilSON- ENGINEERING WATER. WASTEWATER. ENVIRONMENTAL CONSULTING ENGINEERS SALT CREEK I ASSESSMENT DISTRICT COST SHARING ANALYSIS ..1 .J j J J J 703 PALOMAR AIRPORT ROAD. SUITE 300 . CARLSBAD. CA 92009 . (619) 438-4422 /0-7 Salt Creek I Assessment District Cost Sharing Analysis Cor Water and Sewer Facilities . .. ..,-_..",---_.. - - .....,.-...............-................. i'lllii;f1 11!'!!;il;l;iil""!:"'!"li; -.,.:,:,.:,..::~::::.-.-..-:..,........ PROCTOR VALLEY ROAD 10" Gravity Sewer Line $6,468 SSO 632 0 1,182 47% 12" Water Line, 710 $52,160 169 0 300 469 36% Zone SAN MIGUEL ROAD 980/710 PRS and 16" W,294 169 0 I 6SS 824 21% Water Line, 980 Zone (N. of East H SL) 16" Water Line, 980 $67,500 381 300 0 681 S6% Zone (S. of East H SL) Subtotal 594,794 . 10" Gravity Sewer Line $30,030 381 2S3 0 634 60% EAST "H" STREET 16" Water Line, 980 517S,530 SSG 600 35S 1,SOS 37% Zone /' 12" Water Line, 710 $94,715 169 0 300 469 36% Zone Subtotal 5270,245 WATER LINES THROUGH SFD 10" and 12" Water $119,476 169 0 75 244 70% Lines, 710 Zone SEWER LINES THROUGH SFD 8" and 10" Gravity $98,064 454 632 0 1,086 42% Sewer Lines OFFSITE PROCTOR VAlLEY SEWER 10" Gravity Sewer Line $190,000 SSO 632 612 1,794 31% 12" Gravity Sewer Line $77,000 SSO 632 802 1,984 28% 15" Gravity Sewer Line $21S,000 SSG 632 1,642 2,824 ~ Subtotal $48Z,OOO ,< ,.,.,.,",....._'.i...........'. ..,.,.'...'.......---,......'.-..;...-..'-.:...- ....'., 1....;..< I;.. .; ;.. i< co--'-,.-.,:",,:,:-__ .....-.:'.,.:-:.-.;.-,-;-:-.;..:.,:",.; ;Si;m;23T .--...,.'-'...'..............--...-.:. 1...< .-;:.......:.:/:::.::':.;::,:::>:,::::\.:::::::\:,:::::::: 1.< '''-,:'-'''"':-''''-'-:''''':'- ............,....'..,-..-.._...... /tl~ 7~ Liz Long August 2, 1991 Page 4 Reclaimed Water Facilities The reclaimed water facilities to be included in the assessment district consist of 8 and 16-inch reclaimed water transmission mains. For purposes of determining the percent share of these facilities attributable to Salt Creek I, an oversizing methodology was utilized. At this time, there is no accurate way to establish the benefitting areas outside of Salt Creek I based on the projected demand. The oversizing methodology calculates the Salt Creek I share for all transmission mains greater than 8-inches in diameter based on the unit construction cost; the unit construction cost for 8-inch ACP class 200 is $21 per lineal foot and 16-inch ACP class 200 is $35 per lineal foot. Th"e following table summarizes the reclaimed water facilities cost sharing analysis. Cost Sharing Summary for Reclaimed Water Facilities -- EAST"H" STREET 16" Reclaimed Water Line $185,945 60% PROCTOR VALLEY ROAD 16" Reclaimed Water Line $105,325 60% SAN MIGUEL ROAD 16" Reclaimed Water Line (N. of East "H" St.) 8" Reclaimed Water Line (5. of East "H" St.) Subtotal RECLAIMED WATER LINE THROUGH SFD $39,215 $24,808 60% 100% $64,023 $11,472 $366,165 100% 8" Reclaimed Water Line JO~77 Liz Long August 2, 1991 PageS Storm Drain Facilities The McIntire Group, Inc. provided the information to determine the cost split of storm drain facilities. The calculations in the appendix present the cost estimate of storm drain facilities required for East "H" Street without the development of Salt Creek 1. The following table provides a cost comparison with the estimated construction cost of the proposed facilities (with Salt Creek I): Storm Drain Cost Comparison 1lllllllliil'li iliil'i;;~~llliiil'ill; .~1ililfliilli;1 East "H" Street $347,901 $152,190 56% 1 Prepared by McIntire Group, Inc. (See Appendix) The Salt Creek I share was determined by taking the difference between the costs with and without development and dividing by the estimate with development of the Salt Creek I project. It/roC WILSON ENGINEERING ::SALT" Cteu~ I As:E.s:: ""S,J'" DI:;r.a1 Cor CAt,,~IJ4A no,...;:; A= ,^-,;4 r E.d. rAt'-IL..J .,-,S-!: THE. ar- c.ArC6001'f:'" ....T"'TAC-rlE& 1?1E. A.e.E.A /VO'"'nI SAc..r Ctcc:_ = ......,,,.,. IDI$,...n'/~ ,,.JC~l..AIIf!!I6~ IN THE "OrHE.~" IN TH€ t.c.T"7'&'L .42.c=,:tIoaT: 1'";;,s ~t!A loS A c.aA.J$ &AljlAr'''E 1.." t-c--..J tE.~rU'-tArE C~ rife /JA.CI~tSdr'1 WI""',,-..} CJl-;j""'A""E.~., (,JAr~(. BE.,....e~ E~e.vAnQ,.J . 77f~ 0,.,.,., WI'fT~ D,~wr/cr e,v,.JfCN SA..r c...ee...:r "...",os.... /is,.., s",r ;:adO,., '1'I-t~ ""'/1...4- 1=,.1:.11...1 n'-.:. As $HQ.-,v; 171'~ rHC 7/0 ~D""e r:.c "'(J""'4l~y1 S 6-.-.... "'- /-'...-.. ......""..., t!E:. 13 I~ 15 1(. 17 19 6oS-nJJ! -rHAe I .:9"'" "'.... LA,,-/Q U.s.e. Gc; """'" M eLCIAl- ~/O ~"'AL. { Z. 'OJ!__ /le-s /0, s....u;t1,- ( g Q"IA-C.) J2:J:.,5ID c;....I nlJt- ( "I1).;,..c.) J2t!SIQ~n...-- 1'2 pu,ac.) ~6S/o~"'~ (ZP"IA~) FIIt.Ar .:-,....,.,......, .MIse (a.S DUI~<) TOTAl.- A-.c.GIII I: QI,,,,ac.; Bi'9J.("oQ o~ .......... '7 So ~,.,..~ (1:= '" IS~) c.._~"_a .... I I De.s'W"'~S ..". I'&~-.s : E.f;JI.III/. .. .c.&A VI'J1rs SA' r:.s qOAc.- 180 201lc.. 1&.0 1$ 19c. '0 '+0 ...c.. 80 IS AC. .30 z. IS C. AL... 78 )tJ -9(} G5S "-''> .1 7:;: I" I 112. D/s rl2l(;r 5Al-' C/tt:../i.rc. I As:r~':,/'4~,...Jr ':UllJECT . ~,(T ~,) WILSON ENGINEERING .s AlJ CA..EG/f.. r As.:c.=':'--'f!-.Nr D,srn...r:r CAl.GS (:,,,,w r:: 7i-es '" C,ss c,.,rr..lrs Mv~r- T7"'~ iS6 ~JI2.1":'fG-1:. O'VIO t;.a J3 "'nv~ nt.. 7/0 2o-4!! ~ ,.".. 980 ileAl ~ . '-A,vO No /3 /~ IS Ir. 17 /~ ~5 M IS<:.. CJf'J ! ~$ 7/0 2,a",,<! '780 ;!...... 70,-,.,,,. 6.5 0 GS "0 /2-0 180 /'10 2..0 /r.o 0 (PO ~o 0 eo eo 0 ,3Q .30 0 Z. 2- 3>5 '-13 78 3 0:::) V,J''I"S :3 !S S .."" ~5S ,-"""r, rom.s. Nore 7711'Ir' 0/'./'-7 :257. OF rue :300 (J,..;,'3 IN ",E 7/0 caNE; A/t.~ A.sS~'" 6Q ~ 4c"....~'r Fa'"" TH(; 10 """"" 1"2.. -,,,, c... ,..011-&1< "I'NEs 71Ha C"~'H IH:r:S '" /Se.e","",,: .D~I/el-a ,P""'~r. m.. S~,...J~~~ ~/t...'"? THe /0 """'"'" /2. -,_Crt ~ t..IN~~ AtOVIDt; -4 t.oD I' 6a .s..,s rGrT ,.;,... 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'( I 0: . .;/ '. , p - ' .. . /./. '!"o.~.'V~'7 ~~'.4-._ .r!: {.' --." )"-)"~ ; , . '.,I~ \, \. " i 6!fAO/~n' .rs~SA,: .A~'-'t-SJ~ "~' . i J' /~ I' ,,":,--,/' :/.. *,'- . P'~~z..;~,,~' CU"... r, mrkr I <:~. ~!;:i' :~ '~. .: \ '\ .; '\'.\'.: \'~~; S/.r'~/~j ,..-', . . '. . " -.;.-"\' '\. . ._'~~' .I"~, --l .,~... .:. ... ~~__~ ....\ :-:~!...J'f.C. I , ." - ". ..... ,~."~~.~' ..,....... ....., . _.~'_'. :,. ..~ ;.,,~,.....J ,.'1,. _.-. -... ~ - '-"J; . " ":: .' .."_.--:-~" ~~"...__.'" ,... ':';'::~':'''''' .. ....~.;~'~..~. .':-' .:1.... i:..:' ,., :...-......' '--~. , . '--~ -. ..z- , \.. , . , "'".;,.:.... .w' ... ..'.... .. i ~. 21- . j "r~-/;.' J. .! . ,,.. ,..(i .~ ~. .: .'11 SA~i! CR~J : .- o_r-u I .- ,/." ~.",-". j ~~ ". .' .:~ , ! I j , ! . o. f ~ .' '. -' I f I I , , i . , \. f , FTllfE ",.. . j i i ! i , i j' I t. I r:; $7. '-..:.. . / -:;..:;, 7/11/91 STORM DRAIN COST COMPARISON FOR EAST "E" S'rREE't . STO~1 DRAIN COST '1'l!!':~OUT SA!.T CRE~ ! DETn!.OP1-'~IT -------------------- "i"T'~A' ...--. QtL\.liT!::'Y . UNIT emIT COST TOTAL ------~--------------------------------------------- , ,"u RCP 6ao LF $43.00 $29,240 .0 .,.,,, RCP 550 -- $45.00 $29,250 -- !..: , 30" R~ 150 r.;;' $65.00 $9,750 ! 42" ReI' 330 LF $75.00 $24,750 I ;,-:rnG~S 4 ZACE: $2,500.00 $10,000 ! cu<m ~'fLEX s :E:.~CH $3,500.00 $28,000 ; CLEANOP'I'S Ii EACH $3,000.00 $18,000 . R!P R.~ 80 CY $40.00 $3,200 ----------- TOTAL: $152,190 , , i i ,. Ptz.ep,q~ rH6 ,Nt c,.J:,..I rltLG c;teou,P I JIVe... B'1 )/)/%'1 I j . i I f I I i I I I I I 1 i I I- I . I , , I I f I I J , I I I r GRAPHIC SCALE 150 t:::: 150 ~---- - 1.~1 ,_._n ,,<.<,'\ S'\~ "" I VICINITY MAP -~ MFS MUNI 'INA_ClAL ~fJlVlCI[" InCl. 4017 "'. _._ ............. T._cuUo . e.g,.,IIl. .2Seo 171&1 .....nH -11.1.[M; EXHIBIT .. F' "\: .+. +v ..'" .~~ ~"" q'" .. .. q" " LEGEND - - - --,...--.. .-.-' @) ~ -- _.~ - a__.__ u @ JtJ-K .. "'" o II: -' w ::0 " :i ~ 2 ~/:) /' 7/' If, 7 17 ~~~~.zy ~ (/fJM~~ ~ 7/Z~ ~)u:/ ~ d1cJ I/Jt n/ d$~~ ~e;.., \ It) "-1 / If) ,,--/ TIllS PAGE BLANK 7- ..2 COUNCIL AGENDA STATEMENT Item J I Meeting Date 7/21/92 Resolution 1& 71 ~WaiVing the competitive bidding process and approving the Fiscal Year 1992-93 Service Agreement with American Digital Systems (ADS) Services for the maintenance of eight sewage flow meters and appropriating an additional amount of $8,104 ~,~ Director of Public W:~\~~ City Manager jb \;3 -;.~ (4/5ths Vote: YeslNo_) American Digital Systems (ADS) Services and the City had two service agreements for Fiscal Year (FY) 1991-92 for the repair and preventive ma i ntenance servi ces for six sewage flow meteri ng stat ions. The cost of the service agreement for the six existing sewage flow metering stations will increase from $17,220 in FY 1991-92 to $23,772 in FY 1992-93. With the inclusion of two new metering stations which will begin operation during this fiscal year, the maximum service cost for FY 1992-93 will increase to $30,724.. ITEM TITLE: SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council adopt the reso 1 ut i on as stated in the title hereto. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: There are currently three ADS sewage flow metering stations which measure the flow discharging into the San Diego Metropolitan Sewerage System (Metro). The City of San Diego is responsible for maintaining two of these metering stations (located on "J" Street and "G" Street). We reimburse San Diego for all maintenance costs for these stations. We pay ADS directly for the maintenance of the Metro metering station which measures flow from the Montgomery area (CV-l). We currently have five operational metering stations which measure flow discharging into the Spring Valley Outfall. We pay ADS for the repair and maintenance of these stations in addition to CV-l. The installation of four additional flow metering stations will be completed during FY 1992-93. Two of these stations, which will be located in las Flores Drive (CV-8) and Proctor Valley Road (CV-12), will measure flow discharging into the Spring Valley Outfall. The stations located in "G" Street adjacent to Rohr Industries (CV-13) and at the Otay Rio Business Park (CV-14) will measure flow discharging directly into the Metro system. Two of these stat ions, CV-8 and CV -13, wi 11 need to be added to our maintenance contract for FY 1992-93. The developer will pay the first year's maintenance cost for CV-14, and we do not expect any flow from the Otay Rio Business Park during this fiscal year. 1/-/ Page 2, Item ,1,1 Meeting Date 7/21/92 The foll owi ng is a summary of the sewage flow meteri ng stations for Chul a Vista: Name Location Pavs for Services CV-l CV-2 CV-3 CV-5 CV-7 CV-9 CV-I0 CV-ll CV-8* CV-13* CV-12 CV-14 Hollister Street (Montgomery Area) 'J' Street, off of 1-5 'G' Street, off of 1-5 East Flower Street, Bldg. 25 Plaza Bonita Road No. 5th Avenue, No. of C Street Acacia Avenue @ Bonita Road Otay Lakes Road & Bonita Road Las Flores Drive 'G' Street, adjacent to Rohr Ind. Proctor Valley Metering Station** Otay Rio Business Park** Chula Vista San Diego San Diego Chula Vista Chula Vista Chula Vista Chula Vista Chula Vista Chula Vista Chula Vista Developer Developer * These two metering stations are not in operation, however they will come on line during FY 1992-93. ** These two metering stations will not be included in the FY 1992-93 service agreement because the service will be paid for by developers. The City of Chula Vista had two service agreements with ADS Service during FY 1991-92 for the repair and preventive maintenance of the six existing sewage flow meters. On November 7, 1991, the City Manager approved the service agreement for FY 1991-92 with ADS Services for the five existing Spring Valley metering stations and an additional metering station (CV-B) which we anticipated would be installed during the fiscal year. The total service cost for the metering stations was $14,520, with an additional pro-rated monthly charge of $225 for the future metering station, CV-B. Metering station CV-B did not come on line during FY 1991-92. The second agreement was for the one metering station located in the Montgomery Area and connected to the Metro System (CV-l). The Purchasing Agent approved the FY 91-92 servi ce agreement for thi s meteri ng stat i on at a cost of $2,700. The total maintenance cost during FY 1991-92 under both agreements was $17,220. The term of both servi ce agreements for FY 91-92 ended June 30, 1992. ADS has performed the maintenance on these sewage flow meters through service agreements for both the City of Chula Vista and San Diego since the meters were fi rst i nsta 11 ed. We recommend that ADS continue to do the maintenance for the following reasons: 1. ADS computer software and compatible hardware is required to perform many of the maintenance functions. I /~,;" Page 3, Item II Meeting Date 7/21/92 2. The ADS permanent flow meters are unique and special training, parts, and equipment are required to perform the maintenance. 3. City of San Diego staff indicates that no other contractor in the San Diego area performs maintenance on permanent ADS metering stations. The original agreement with ADS was a "sole source" agreement because of compatibil ity requirements for software and monitoring equipment. Because no other contractor in the area performs ma i ntenance on permanent ADS stations, and because all participating agencies in the Metro system use ADS to quarterly calibrate the system to give uniform flow results between the agencies, it is recommended that the competitive bid process be waived for this contract. For FY 92-93, the language of the agreement is almost identical to last year's agreement. The changes wi 11 be: 1) combi ni ng the agreements for the si ngl e meter in the Montgomery Area and the meters connected to the Spri ng Vall ey outfall into one agreement; 2) an increase in the maintenance cost due to CAL-OSHA requi rements. CAL-OSHA requi res three-person fi e 1 d crews for confined space entry, where in the past only two-person crews were used by ADS Servi ces; 3) del et i ng reference to passage of the Fourth Amendment to the Spring Valley Agreement, since this amendment was passed; 4) addition of CV-13. In order to provi de the necessary preventive ma i ntenance on the sewage flow meters, we recommend that the servi ce agreement be retroact i ve to July I, 1992. ADS Services has informed the City that they would be willing to cover any servi ce work done between July 1, 1992 through the date of execut i on of the service agreement without any lapse in service if the retroactive provision is enacted. If this provision is not exacted, any service work done during this time period would be billed to the City of Chula Vista at a labor rate of $175 per hour. When the sewer budget for FY 92-93 was being prepared, City staff had not been informed by ADS Services of the increased rates. Consequently, the amount of $22,620 was originally budgeted for FY 92-93. An additional $8,104 will need to be appropriated in order to provide service for all existing six metering stations and the additional two metering stations. Installation of the Spring Valley flow meters has proven to be cost effect i ve. By the end of December 1991, flow to the Spri ng Valley outfall based on the estimated flow per equivalent dwelling unit of 265 gallons per day was 2.26 mill ion gallons per day (MGD). Flow based on metering results was 1.844 MGD. 8ased on Spri ng Valley's operat i on and maintenance charge of $963.40 per MG, our est imated savi ngs was approxi mately $36,070 per quarter during FY 91-92. FISCAL IMPACT: The total amount of the servi ce contract for FY 92- 93 is $30,724. For the single meter in the Montgomery Area, $2,700 was appropriated from Fund 223 for FY 92-93, and for the five other metering sites including CV-8, $19,920 was appropriated from Fund 225 for FY 92-93. An additional appropri at i on in the amount of $8,104 wi 11 be needed from Fund 225. The additional funds should be placed in account 225-2250-05202. BVH: KY-073-02, KY-074-02 WPC 6068E 1/~3//I-lf COMPREHENSIVE SERVICE AGREEMENT FOR SEWER FLOW MONITORING EQUIPMENT This Service Agreement, dated this _ day of , 1992 defines the services offered and the terms and conditions relating thereto with respect to the Agreement entered into by and between THE CITY OF CHULA VISTA (CITY) with offices located at 276 Fourth Avenue, Chula Vista, California 92010 and ADS ENVIRONMENTAL SERVICES, INC. (ADS) with offices located at 7243 Engineer Road, Suite D, San Diego, California 92111 Products Serviced by ADS: 1. ADS will provide all service under the terms and conditions specified in this Agreement for the ADS equipment installed at the locations listed in Appendix A. Products Serviced By Others: 2. ADS is not responsible for service or repairs for central computer, peripherals and other related equipment not provided by ADS. Services Performed By ADS: 3. ADS will perform the following services on equipment ADS provides: Diagnostics: a. ADS personnel will perform remote diagnostic check-out of ADS provided equipment using ADS' most current procedures and programs from ADS' facilities in San Diego, California, or other service locations, by use of telephone lines. Repair: b. ADS personnel will perform repair and maintenance services necessary to keep the equipment operating. These services will be performed both in the field by crews operating from the ADS service facilities in San Diego California, or other service locations. The services to be performed under this Agreement include but are not limited to the following: General maintenance and sensor cleaning; Repair of electronic failure internal to the equipment; Repair of telephone telemetry system failure internal to the equipment, and repair of any defects in the ADS installed telephone line from the monitor to the telephone company pedestal; Ultrasonic depth sensor replacement: a depth sensor shall be replaced if, after cleaning, the sensor has less than three (3) operating ultrasonic crystals or less than five (5) reporting sensor pairs; Page I of 7 //....-.5 Primary Contact: Response Time: Quarterly Maintenance Visits: Inventory: Service Statement: Service Schedule: Services Performed by CITY: Interface: Assistance: Velocity sensor replacement: a velocity sensor shall be replaced upon sensor failure, or if velocity measurements are reported as a constant or incorrect value, indicating a sensor malfunction. Surcharge sensor replacement: a surcharge sensor shall be replaced if it fails; Battery replacement when the + 12V is less than IO:OV c. ADS shall designate a field service representative who shall be the primary contact with CITY for the resolution of field problems. Written notification of any change of this primary contact will be provided to CITY by ADS. d. ADS will respond to a notification of malfunction within two (2) working days and within an additional two (2) working days ADS will repair equipment, or replace with a temporary unit until repair and installation of original equipment can be performed. The designated field representative will notify the CITY of the service schedule at least 24 hours prior to anyon-site visit. e. ADS will provide once per quarter site visits to perform an hydraulic calibration, an electronic calibration, confirmation and hardware checks at each site. f. ADS shall maintain an adequate supply of parts, sensors, electronic boards and monitors for use in servicing the CITY'S system. g. ADS will provide a Statement of Repair Service Form which documents maintenance or diagnostics performed by ADS. h. The field service shall accommodate CITY's normal operating hours of 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. Monday through Friday. 4. CITY agrees to perform the following functions in connection with this Agreement. CITY agrees that certain activities must be acknowledged prior to ADS having any obligation to perform services enumerated in Paragraph 3 hereof. The CITY shall: a. Make no changes to the equipment or software that would preclude ADS from being able to interface with the equipment via telephone with CITY'S equipment unless agreed to by ADS in writing; b. Not make repairs or provide any maintenance assistance Page 2 of 7 I j--t, Access: Compensation: Payment Terms: Exclusions: or attempt to do so on the equipment unless authorized by ADS; c. Allow ADS to access the system for purposes of running diagnostic tests and performing other functions in the course of maintenance testing and checkout. The CITY agrees to have available upon request by ADS any data or monitor information which would assist in the diagnostic procedure. 5. Compensation for services as detailed in this Agreement shall be based on the prices listed in Appendix B. Total compensation shall not exceed $ 30,724.00. 6. Invoices shall be issued quarterly in advance with payment due thirty (30) days from date of the invoice. A 1 % discount may be taken if paid within ten (10) days, with full amount due prior to the start of the quarter. A late payment penalty of 1.5% per month shall be charged if payment is not received within 30 days of the invoice date. 7. The following equipment and services shall be excluded by ADS from this Agreement. a. Communications and electrica1line work external to the equipment; b. Changes or alterations in specifications; c. Painting, refinishing or furnishing materials therefore (except as damaged by ADS during service work); d. Installation, moving, or removing of equipment unless required as part of the repair process; e. Repairs or loss of data made necessary by accident or negligence of the CITY, its employees, agents, contractors or invitees; f. Repairs made necessary due to attempts by CITY to repair or maintain the equipment unless authorized by ADS; g. Service during holidays or service not included in this Agreement. Holidays are defined as the following days: New Years Day, Martin Luther King Day, Presidents Page 3 of 7 //-7 Service Agreement Term: Renewal: Discrimination: Insurance: Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. h. Maintenance and repair of equipment not listed in Appendix A; 1. Repairs made necessary due to events beyond ADS's control such as, but not limited to, construction by others that cuts the telephone line or acts of God (e.g. lightning strikes, etc.). Should the CITY elect to engage ADS, ADS upon written notice, can provide the above services on a time and materials basis. Compensation for services shall be performed on a time and materials basis and shall be compensated at the hourly rates listed in Appendix B. 8. This Agreement shall be for a term as described in Appendix A for the equipment in the locations as listed in Appendix A. This Agreement shall expire on June 30, 1993. 9. CITY and ADS may renew this agreement for an additional year at the then current ADS published price. ADS will notify the CITY of the then current price sixty (60) days prior to the expiration of this Agreement. The City may then renew this Agreement by giving written notice of such election at least thirty (30) days prior to the expiration of this Agreement. In subsequent years the Agreement may be renewed in like fashion. 10. ADS shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, advertising, layoff or termination, rates of payor other forms of compensation; and selection for training including apprenticeship. 11.1 ADS shall indemnify and hold harmless the CITY against and from any and all damages to property or injuries to or death of any person or persons including property and employees or agents of the CITY and shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from any and all claims, demands, including Workers' Compensation claims, of or by anyone whomsoever, arising from any negligent or intentional acts of ADS pursuant to this Agreement. 11. 2 ADS shall maintain comprehensive general liability and property damage insurance covering all operations hereunder of ADS, its agents and employees including but not limited to premises and Page 4 of 7 /I'~ Employees Assignment Disputes automobile, with minimum coverage of one million dollars ($1,000,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the CITY as Additional Insured shall be submitted to the City Clerk at 276 Fourth Avenue prior to beginning of work. Said policy or policies shall provide thirty (30) days written notice to the City Clerk of Cancellation or material change. 11.3 Worker's Compensation Insurance: ADS shall carry Workers' Compensation insurance in statuary amount and employee's liability coverage in the amount of five hundred thousand dollars ($500,000.00); evidence of which is to be furnished to the CITY in the form of a Certificate of Insurance prior to beginning of work. 11.4 All insurance carriers shall comply with the items listed below: 11.4a Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California. 11.4b A Best's Rating of "A", Class V, or better. 11.4c Where a company is not included in Best's, it must show by convincing evidence that its financial responsibility is equal to or better than the rating set forth in "b" above. 12. That ADS warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for ADS, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for ADS, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or violation of this warranty the CITY shall have the right to annul this contract without liability. 13. ADS shall not assign this Agreement in whole or in part without prior written consent of the CITY. This Agreement consists of professional services and is not contemplated by either party that any such assignment would occur. Any such assignment shall not relieve ADS of any of its obligations under this Agreement. 14.1 In the event of any disputes between the parties, the prevailing Page 5 of 7 //,1 Tennination Software party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. 14.2 All questions concerning this execution, validity or invalidity, capacity of the parties, and the performance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of California. 14.3 If, through any cause, ADS shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if ADS shall violate any of the covenants, agreements, or stipulations of the Agreement, CITY shall have the right to terminate this Agreement by giving written notice to ADS of such termination and specifying the effective date thereof, at lease five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data studies, survey, drawings, maps, reports, and other materials prepared and/or installed by ADS shall at the option of CITY, become the property of the CITY and ADS shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Appendix "B" herein. 15. CITY may terminate this Agreement at any time and for any reason by giving written notice to ADS of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials and/or equipment described in Section 3 hereinabove, shall, at the option of the CITY, become the CITY's sole and exclusive property. If the Agreement is terminated by CITY as provided in this paragraph, ADS shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. ADS hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section hereinabove, in the event of such termination. 16. For a period of one (1) year from start of Service Agreement, software support is provided to those who have received the ADS Quadrascan software training. The support includes hot line telephone access and appropriate software upgrades. Page 6 of 7 / / - /tJ Claims 17. Administrative claims requirements and procedures: No suit shall be brought arising out of this Agreement, against the CITY, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF CHULA VISTA By: By: Title: Title: Date: Date: ADS ENVIRONMENTAL SERVICES, INC. By: Title: Date: Page 7 of7 11'1/ COMPREHENSIVE SERVICE AGREEMENT FOR SEWER FLow MONITORING EQUIPMENT APPENDIX A SCHEDULE OF EQUIPMENT AND LoCATIONS This Schedule of Equipment and Locations defines the units included by the Comprehensive Service Agreement between ADS ENVIRONMENTAL SERVICES, INC. and THE CITY OF CHULA VISTA. Equipment consists of the following: Alpha Location Service Service Equipment Phone Number Numeric Start Date End Date I. CV-l Hollister Street, 07/01/92 06/30/93 2000 monitor, (619) 429-7285 behind pumphouse 1 ultrasonic depth sensor I. CV-5 E.Flower, Bldg.25 07/01/92 06/30/93 3500 monitor, (619) 476-8332 1 ultrasonic depth sensor 2. CV-9 N.5th Ave.,N.of CSt. 07/01/92 06/30/93 3500 monitor, (619) 476-9793 I ultrasonic depth sensor 3. CV-I0 Acacia Ave. @ Bonita 07/01/92 06/30/93 3500 monitor, (619) 475-6768 Rd. I ultrasonic depth sensor 4. CV-ll Otay Lakes Rd.& 07/01/92 06/30/93 3500 monitor, (619) 267-8525 Bonita Rd. 1 ultrasonic depth sensor 5. CV- Plaza Bonita Road 07/01/92 06/30/93 3500 monitor, (619) 476-3433 7(1)+(2)' 2 ultrasonic depth sensors 6. CV-8 N.2nd Ave. @ Las See Note' 06/30/93 3500 monitor, Flores Cyn. (KOA I ultrasonic Campground) depth sensor 7. CV-13 Rohr Industries See Note' 06/30/93 3000 monitor, I ultrasonic depth sensor NOTES: 1. Dual monitoring site 2. Start date has not been determined A-I 1/-/.).. COMPREHENSIVE SERVICE AGREEMENT FOR SEWER FLOW MONITORING EQUIPMENT APPENDIX B Price List This Price List defines the monthly charge for services as detailed in the Comprehensive Service Agreement between ADS ENVIRONMENTAL SERVICES, INC. and THE CITY OF CHULA VISTA. These prices are based on a three-person field crew to be provided by ADS. These prices are effective through June 30, 1993. Monthly Charge: $ 316 per single monitor (CYl, CY5, CV8, CY9, CYI0, CYll, CY13) $ 401 per dual monitor (CY-7(l),(2)) Hourly compensation for services performed extraneous to the included service described in the Agreement, when authorized in writing by CITY on a Time and Materials Basis: Field crew hours are payable at $175 per hour, with ADS supplying all three persons. The actual compensation, *exclusive Qf CV-8 and CV-13 is as follows: No. of Price per Monitor Price per Invoice Amount Service Period: Monitors: iii per Month: Month: * per Quarter: * I st Quarter FlY 92/93 5 Single $ 316 $ 1,981 $ 5,943 July I, 1992 - Sept. 30, 1992 I Double $ 401 2nd Quarter FlY 92/93 5 Single $ 316 $ 1,981 $ 5,943 Oct. I, 1992 - Dec. 31, 1992 I Double $ 401 3rd Quarter FlY 92/93 5 Single $ 316 $ 1,981 $ 5,943 Jan. I, 1993 - March 30, 1993 I Double $ 401 4th Quarter FlY 92/93 5 Single $ 316 $ 1,981 $ 5,943 April I, 1993 - June 30, 1993 I Double $ 401 TOTAL (Exclusive of CV-8 and CV-13): $23,772 * The charges both for CY-8 and CY-l3 shall be pro-rated to the nearest day based on a monthly charge of $316/month. This charge shall commence after ADS has shown 30 days of data and has presented the data to the CITY along with a site report, calibration data and depth-to-discharge data. The date of commencement shall not be prior to August I, 1992. B-1 II~ /3( /1- /1 RESOLUTION NO. /~ ?/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS AND APPROVING THE FISCAL YEAR 1992-93 SERVICE AGREEMENT WITH AMERICAN DIGITAL SYSTEMS (ADS) SERVICES FOR THE MAINTENANCE OF EIGHT SEWAGE FLOW METERS AND APPROPRIATING AN ADDITIONAL AMOUNT OF $8,104.00 The City Council of the city of Chula Visa does hereby resolve as follows: WHEREAS, American Digital Systems (ADS) Services and the City of Chula vista had two service agreements for Fiscal Year 1991-92 for the repair and preventive maintenance services for six sewage flow metering stations; and WHEREAS, the inclusion of two new metering stations will begin operation during Fiscal Year 1992-93; and WHEREAS, the City desires to maintain service agreements on all eight meters which were provided by ADS. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby waive the competitive bidding process for the acquisition of this service; and BE IT FURTHER RESOLVED by the City Council of the city of Chula vista that that certain agreement between the CHULA VISTA, a municipal corporation, and AMERICAN DIGITAL SYSTEMS (ADS) SERVICES for the maintenance of eight sewage flow meters, known as Document No. , a copy of which is on file in the Office of the City Clerk, and the same is hereby approved. BE IT FURTHER RESOLVED that the amount of $8,104 is hereby appropriated from Fund 225 to Account No. 225-2250-05202. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the city of Chula vista. John P. Lippitt, Director of Public Works Approved as fJ--~ Bruce M. Boogaar City Attorney Presented by (Res\ADSl II-/S COUNCIL AGENDA STATEMENT Item / d... Meeting Date 07/21/92 Public Hearing to Consider Revisions to Chapter 5.20 of the Chula Vista Municipal Code, the Cardroom Ordinance. Ordinance dl...s;;<:J Amending the Sections 5.20.020 and 5.20.035 of the Chula Vista Municipal Code. SUBMITTED BY Chief of policV . REVIEWED BY City Manager_~li V~1 ~~~ (4/Sths Vote: Yes_No..L) At the City Council meeting of April 28, 1992, Council received a staff report and heard public testimony upon a proposal to change Section 5.20 of the Chula Vista Municipal Code (CVMe) known as the Cardroom Ordinance. That staff report addressed, at Council's direction, only a very a narrowly defined portion of the card room issue. In response to that report, and the related discussion which occurred at that time, staff was directed to prepare a report and schedule a public hearing on the subject proposal. During that discussion, six specific Cardroom Ordinance revision issues were identified by Council and each is addressed in this report. Staff met informally with card room operators, other members of the community and experts in California gaming law. The recommendation and alternatives presented below are a product of those discussions, a review of other jurisdiction's policies on gaming and independent staff analysis conducted at gaming facilities in San Diego County. ITEM TITLE RECOMMENDATIONS: 1. Re-Open a Public Hearing, continued at staffs request from the Agenda of June 30, 1992, to hear testimony regarding changes to the Cardroom Ordinance. 2. Place on First Reading an Ordinance Amending identified sections of the Chula Vista Municipal Code as follows: a. Section 5.20.020 extending permitted hours of operations by two hours; b. Section 5.20.035 redefining the extent of permitted license consolidations. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Over the course of the past fourteen months, appellate court rulings and opinions rendered by the state Attorney General make it legal for card rooms to offer "jackpots" and play the game of Texas Hold'em poker. These rulings and opinions convinced local card room operators to submit a proposal to amend the Chula Vista Cardroom Ordinance. This approach is appropriate since municipalities retain the authority to impose valid controls and conditions upon local gaming operations (~19801 ofthe California Gaming Act). The card room owner's proposal has /~-/ Page 2 Item 1.2.. Meeting Date (Y7/21/92 five components: I) to increase the allowable per person/per hand charge; 2) to expand hours of operation; 3) to offer Jackpots; 4) to offer the game of Texas Hold'em; and 5) increase the associated Table Tax paid by card room operators for costs associated with regulating these additional gaming activities. During the meeting of April 28th, and pursuant to the owner's proposal, Council indicated concern over the local proprietors ability to remain viable business entities. Staff was directed to work with the community to develop recommendations that could, if implemented, allow card room owners more operational latitude without encouraging further consolidation of available card room licenses. Specifically, Council asked that the following potential revisions to the CVMC be analyzed by staff and discussed in a report that would facilitate a public hearing on the proposal: I) 2) 3) 4) 5) 6) allow Texas Hold'em; allow "jackpots" as long as it would not increase the total amount wagered; develop language to maintain a minimum distance of six-hundred feet (600') between two premises upon which cardroom operations are permitted; develop language to deter/prevent further consolidation of available licenses and limit any consolidations to a maximum of two; added days and extended hours of operation; and, revise the per table tax paid to city, and recommend other fees if so indicated. The issue of determining to what extent card rooms should be part of Chula Vista has been a long standing discussion in this community. The Cardroom Ordinance has been amended by Council Ordinance on no less than five different occasions since 1977. Staff recommends two amendments to the Cardroom Ordinance at this time: extending permitted hours of operations by two hours and redefining the extent of permitted license consolidations. Staff does not recommend additional amendments proposed by the operators primarily due to concerns over how expanded gambling will impact the Chula Vista community. From the Police Department's perspective, it is critical to recognize that many components of the owner's proposal have the potential to alter the existing card room's ownership, transform their clienteles and increase the Police Department's requisite level of code enforcement activity. Some citizens believe these changes are inevitable; others feel they are unnecessary and detrimental. Due to potential actions by the state, it is conceivable that some of these changes may occur irrespective of Council's decision(s) on the owner's proposal. Staff's primary concern is that any action taken to expand card room gambling operations will result in a local gaming environment which is significantly different than what exists today here in Chula Vista. The Police Department can not support proposed changes to the Municipal Code it is convinced would encourage non-local ownership of Chula Vista's card rooms. Staff believes non-local ownership is a very real possibility if existing gambling restrictions are relaxed. This belief is based upon two reasons: there are numerous investment partnerships willing to capitalize on the high profits expanded gambling would generate, and the gaming industry in California has /,). - c2 Page 3 Item / d-, Meeting Date CY7/21/92 developed a very well organized and funded apparatus which seeks to redefine gaming in the state. During the past month, staff have had inquiries regarding a "resort casino" from an investment group known as Donchester International Ltd. of London. Representatives of Donchester have verified what is apparent to Police Departments county-wide: that San Diego, especially the South Bay area, has been specifically targeted as a desirable area to develop gaming resorts. Additionally, the cities of San Diego and National City are in the process of determining the appropriateness of unsolicited resort casino proposals made by other partnerships. These resorts generally include a hotel, restaurants and associated amenities along with the card room. By virtue of their common goals, i.e. easing gaming regulation in this state and developing gaming resorts in the South Bay and throughout the state, investors like Donchester Ltd. benefit from the work of organizations such as the California Card Room Owners Association (CCROA) and the Californians for Fair Business Practices Committee (CFBC). Both of these organizations are operative state-wide and are active in lobbying elected officials, and, contributing to election campaigns as well as a variety of philanthropic causes. The CCROA and CFBC are very well funded associations which seek to change the California Gaming Registration Act in a manner that would restrict the "valid local control" doctrine under which card rooms currently operate. Staff at the Attorney General's office of Gaming Registration believe efforts by the CCROA and CFBC have been effective and could result in substantial modifications to the Gaming Registration Act at some point in the near future. Even if this effort to modify state law fails, should the proposed additional games be granted, gaming operations would be capable of generating substantially higher profits in Chula Vista (see Attachment A). If gaming activities permitted in Chula Vista generate a higher profit than those permitted in surrounding jurisdictions, investors will prefer to invest in Chula Vista card rooms. This investment preference would increase the value of the limited number of card room licenses available in Chula Vista. Local operators, acting in their own best interests would be hard pressed to reject lucrative license purchase offers from sophisticated and well-financed investment groups. Staff believes that expanding the scope of legal gaming activities makes it much more likely that non-local entities will be successful in financing and developing gaming enterprises in Chula Vista. These types of facilities would help create a much different gaming environment than exists today in Chula Vista. Additionally, staff is opposed to expanded card room operations, by any local or non-local entity, because such an expansion would transform the card room's clientele. The revenue generated for a card room under the owner's proposal is significantly higher than the revenue generated by the currently permitted games. This additional money must come from one of two sources: current players or new players. By their own admission, the card rooms in Chula Vista now entertain a mostly local crowd in a "family" environment. Staff believes these local players will continue to contribute to card room revenues at a level approximately consistent to that which is currently observed. Therefore, increases in card room revenues will be funded by new /~ "3 Page 4 Item J';" Meeting Date (17/21/92 gamblers, many of whom will come from outside of Chula Vista since surrounding cities do not permit the proposed games. This new clientele would have an unpredictable impact upon the community and would also help create a much different gaming environment than exists today in Chula Vista. Furthermore, the Police Department is concerned about the impact approving the owner's proposal would have in terms of additional code enforcement activity. Regulating Texas Hold'em and jackpots present much more complicated enforcement issues. The City Attorney has expressed concern over the proper method to codify such gaming. Effectively monitoring the volume of gaming activity is critical to determine the validity of jackpot payouts. In theory, all money wagered to fund jackpots (see Jackpots below) should go back to the players in the form of jackpot winnings. It would be virtually impossible to devise an accurate jackpot enforcement mechanism -- the city would have no choice but to rely upon the operators to comply with the code's intent (this issue also arises if the city chooses to employ a percentage based tax schedule as many cities do). Additionally, without constant surveillance, it would be impossible to monitor wagering associated with the various forms of Texas Hold'em. Under the owner's proposal for expanded gambling activities being considered today, staff can not support the concept of self-supervision of card rooms. Under the owner's proposal a substantially higher volume of cash flow will be generated by the card room operations and many more thousands of dollars will be wagered during the course of a day. Large amounts of untraceable cash introduces an element of opportunity, an otherwise non-existent temptation, to engage in criminal behavior. The Police Department wants to structure codes and regulations in such a manner as to create "bridges" that enable reasonable persons to reject the alternative of committing illegal acts. The existing gambling restrictions and related codes provide that bridge; implementing the proposed changes will damage the bridge's foundation. It is important to note that none of the current operators have demonstrated anything other than exemplary business practices under the current ordinance. The high level of regulation and code enforcement required to monitor the gambling activities advocated by the owner's proposal would also help create a much different gaming environment than exists today in Chula Vista. Staff has contacted persons throughout the community who are interested in the subject of card rooms. Predictably, their opinions as to the appropriateness of expanded gaming activities are widely divergent. Card room operators, their employees and most of the players argue that they need these changes to remain viable and to prevent non-local ownership (the current owners indicate that without the proposed changes, they may be forced to sell their licenses). Owner's are convinced that their proposal is reasonable and that these types of gaming activities will inevitably be permitted. The players enjoy playing locally and adamantly support the owner's proposal because it will enable them to continue playing cards in Chula Vista on a long term basis. Additionally, these citizens argue that the additional games will attract more players from both local and non-local gambling populations which will bring economic benefit to surrounding businesses. On the other hand, local spiritual leaders, many among their congregations and a few players and card room employees, do not support the owner's proposal. Theologians argue /.,2 -L/ Page 5 Item I J. Meeting Date CY7/211<J2 that adopting the owner's proposal, or any part of it, will undermine the moral and economic fabric of the community by diverting effort and money away from more virtuous endeavors. Further, some players and employees are concerned that the owner's proposal will funnel far too much revenue away from the games and players to the card room owners. Opponents of the owner's proposal also point out that if, as the owners declare, card rooms are not profitable enterprises under current regulations, then rational economics would preempt a transaction of ownership to any entity, local or non-local. Staff believes that the negative impacts associated with a group of non-local owners, an expanding gambling population and the attendant regulatory and enforcement complexities outweigh the benefits which would accrue to Chula Vista via the owner's proposal. Therefore, staff makes only the following recommendations: 1. Extending permitted hours of operations by two hours from the exiting hours of 10:00 to Midnight to 9:00 A.M until 1:00 A.M. 2. Redefining the extent of permitted license consolidations to limit consolidations of three licenses to fourteen (14) tables and four licenses to fifteen (15) tables. The following sections discuss in detail each of the six components staff was specifically directed to investigate. The recommendations offered above are discussed in detail in the appropriate section. 1. Texas Hold'em On March I, 1991, State Attorney General Dan Lungren issued a memorandum/opinion to all California Cardroom owners, investors and managers. This document indicates that since at least 1947, stud poker has been prohibited under Penal Code Section 330 (PC~330). It had been the Attorney General's and Department of Justice's position that Texas Hold'em is a variation of stud horse poker and therefore is prohibited. In early 1991, an appellate court ruled, "the poker game known as Texas Hold'em is not a form of stud horse poker proscribed by Penal Code ~330." Since the state vacated its statutory proscription, allowing this game is a matter of local jurisdiction. According to local card room operators, Texas Hold'em is a popular game which is essential to the profitability of their business. Staff has visited and observed the game Texas Hold'em being played in two of the three locations in San Diego County where it is known Texas Hold'em is permitted: Oceanside and the Sycuan Indian Reservation. As reported by the local operators Texas Hold'em is apparently a very popular game here in San Diego. (Note: The World Series of Poker, which offered a $1,000,000 first prize, was contested in the Hold'em format.) Both locations staff visited had a minimum of six hold'em tables operating in the afternoons on which they were visited. Staff from those facilities indicated that the business observed was normal for a weekday. Texas Hold'em is played with each player first being dealt two cards face down. Next, three cards are 1;2,5 Page 6 Item I ~ Meeting Date (f1/211W dealt face up on the table and bets are made. A fourth card is dealt face up on the table and a second round of betting occurs. A fifth card is dealt face up and a third and final round of wagering takes place. Players combine their two face down cards with any three of the five cards face up on the table to create the best hand possible. Staff does not recommend any change to the Municipal Code to permit this gambling activity. 2. Jackpot Poker State Attorney General Dan Lungren issued a memorandum/opinion, dated July 1, 1991, which removed the proscription upon Jackpot poker. This change has not been tested in court, therefore, the City's authority to offer "jackpots" under ~1980l rests solely upon the Attorney General's "amended...position" on Jackpot Poker. According to card room operators, jackpots offered in association with a game of poker would be a significant incentive for local gamblers to gamble locally rather than at other county gaming centers. Jackpot Poker is a generic term for the practice of offering a jackpot in association with a legal game of poker. The jackpot is awarded to two players achieving unusually high hands (typically when two hands exceed the three king full-house) during one deal of the cards. In order to create the appearance of more winners, seventy five per cent of the jackpot award goes to the player with the second best hand and the remaining twenty five per cent goes to the player with the winning hand. A minimum "jackpot fund" would, in theory, be maintained by the cardroom operator by offering a jackpot award that never exceeds 90% of the money accumulated in the jackpot fund. The jackpot fund would be endowed by 25 % of the Operator's proposed per hand charge, therefore, the Operators will be hesitant to offer jackpots unless the new per hand charges are also approved. When the jackpot award is claimed a new jackpot amount is declared. Typically, there is no limit upon how high a jackpot can go, it is only limited by how many people contribute to it and how long it goes unclaimed. Because it is funded through a per hand charge, the jackpot would not increase the amount of money wagered by players (additional information on the proposed per hand charge is provided below). However, staff cannot confirm that by approving a per hand charge, as opposed to the current hourly charge, that the amount of money necessary for a player to participate in local poker games would not increase. Staff observations at various gaming centers indicates that there is too much differentiation between the time required to play various games, the skill level of individual dealers and the mix of games that could be offered by the operators to make an accurate assessment of the true costs to the consumer of playing poker. Nonetheless, money to fund jackpots and provide additional operator revenues sufficient to justify either of the table tax increases discussed below must come from the players. Therefore, either new players must be attracted to the local card rooms or existing players will pay more. Staff does not recommend any change to the Municipal Code to permit this gambling activity. /,2-" Page 7 Item J :J... Meeting Date 07/21/92 3. Language to maintain a minimum distance of six-hundred feet (600') between two premises upon which cardroom operations are permitted. None of the other jurisdictions contacted by staff had such a restriction. Some indicated it could be dealt with through zoning mechanisms while others indicated they would prefer to encourage rather than discourage the grouping of card rooms into one business district within the community. Staff understood Council's rationale for including this restriction to be as an additional means of preventing further consolidation. The third recommendation, limiting the number of tables permitted to operate under consolidated licenses is combined with existing Section 5.20.160 limiting the number of tables at any premises operating as a card room to eight, staff feels a sufficient deterrent would exist. Staff does not recommend any change to the CVMC to effect this change. 4. Language to deter/prevent further consolidation of available licenses and limit any consolidations to a maximum of two. Section 5.20.035 of the CVMC currently allows for consolidation of Card room licenses in a fashion which limits the maximum number of tables to eight for the first licenses plus four tables for each additional license held. Staff proposes to amend Section 5.20.035 to limit the number of tables permitted in the consolidation of three (3) licenses to fourteen tables (8 +4 + 2) and to impose a fifteen table (8+4+2+ I) limit in the consolidation of four (4) licenses. This recommendation would not change the limit imposed by Section 5.20.160 of the CVMC which imposes a maximum limit of eight tables at any premises operating as a card room. This deterrent measure would be effective without categorically denying the consolidation of more than two licenses. Staff recommends that a decreasing number of tables be permitted to operate under consolidated licenses as described above. 5. Expanded days and/or hours of operation. The card room operators have proposed that they be allowed to operate upon any day of the week and during expanded hours from 9:00 A.M. until 3:00 A.Moo Staff does not recommend Sunday operations except during the one hour period from Midnight Saturday until 1:00 A.M. Sunday. Sunday day and evening operations represent too radical a departure from the existing gaming philosophy for the department to support. Some segments of the community expressed significant value based opposition to this component of the owner's proposal. The staff proposal represents a compromise that would allow for two additional hours of operation daily except Sunday. This would increase operating hours by approximately 14% per day, Monday through /,2. ~ 7 Page 8 Item / :J.... Meeting Date CY7/21192 Saturday. The staff proposal would provide residents with sixteen hours per day (Monday through Saturday) and ninety-six hours per week, or 57% of the hours in a week, to play cards. The limits proposed by staff give operators twelve additional operating hours each week which had the nearly the same effect as adding an additional day under the existing operating hours (10:00 A.M. to Midnight). These additional hours of operation will assist the card rooms in remaining viable within existing gambling regulations. Staff is recommending that card rooms be permitted to operate between 9:00 a.m. and 1:00 a.m. 6. Per Table Tax Paid to City or Other Fees. Currently, card room operators pay a $30.00 per table monthly tax to the City. This tax rate is below that of other San Diego county cities where card rooms are permitted. Gaming restrictions in the other jurisdictions make it difficult to compare, however, the following table is presented for comparable card room operations in the other three cities in San Diego county with operating card rooms: San Diego, Oceanside and Carlsbad. r.itr San Diego Oceanside Carlsbad Chula Vista Annual Table Tax $9,409 $2,000 & 4% of gross revenue $2,160 & 7% of gross revenue $2,160 The fourteen tables now in operation at two local card room establishments generate $5,040 in taxes annually. An additional fourteen are currently licensed to operate but, at the operator's discretion, do not. Local card room operators have proposed the following monthly per table taxes for tables at an individually licensed card room, or, for all tables operated by any single financial interest under consolidated licenses: i. $150 monthly for each of the first two licensed tables. 11. add to the above, $200 monthly for the third and fourth licensed tables. 111. add to the above, $275 monthly for the fifth and sixth licensed tables. IV. add to the above, $375 monthly for a seventh licensed table. v. add to the above, $400 monthly for an eighth licensed table. VI. add to the above, $500 monthly for a ninth licensed table. vii. add to the above, $525 monthly for a tenth licensed table. viii. add to the above, $625 monthly for all other licensed tables. The tax schedule described above, proposed by the card room operators, is contingent upon the City accepting the owner's entire proposal including all forms of Texas Hold'em, jackpots, increasing the hours and days of operation and allowing them to charge players by the hand rather than the hour. The proposed tax rate is calculated cumulatively so that an operation / :J. ~ 8'" Page 9 Item I J.. Meeting Date <r7/21/92 licensed for eight tables would pay $150+$150+$200+$200+$275+$275+$375+$400 or, $2,050 monthly regardless of how many tables were actually in operation. Under the owner's proposal annual Cardroom Ordinance revenue given the current number of tables now in operation would be $48,600. If all the licensed card rooms choose to operate, city revenue would be $100,200. Staff does not recommend any change to the existing Table Tax structure at this time. Conclusion The debate over the card room's role in Chula Vista is a long standing one. Card rooms will continue to be a controversial community issue due to efforts by the card room industry and savvy, well-funded casino resort investors. The Police Department can not recommend any actions to the City Council that staff analysis indicates will significantly alter the gaming environment that currently exists in Chula Vista. The impacts associated with the owner's proposal outweigh any benefits that would accrue to the community. The staff recommendations: extending permitted hours of operations by two hours and redefining the extent of permitted license consolidations; along with currently permitted gaming activities, will provide local card room operators with sufficient competitive latitude to remain viable, locally owned and patronized business enterprises. The owner's proposal has many components and, therefore, several interesting alternatives exist with respect to the regulation of card rooms. In the event that Coundl prefers to reject or augment the staff recommendations, five alternatives are presented below. Although staff remains opposed to changes to the ordinance other than those recommended, four alternatives have been prepared which are specifically tailored to previously described components of the owner's proposal. Alternatives Alternative #1: Straight 3/6 Texas Hold'em Staff would advise that Texas Hold'em be implemented subject to the following conditions: A. That only the style of Texas Hold'em known as "Straight 3/6" Texas Hold'em be . permitted in Chula Vista. This style is referred to as "3/6" because the game only allows bets of $3.00 and $6.00 to be made, no other wager amounts are entertained. Staff refers to this style as "strait" because the intent is to prohibit "kill" bets (these bets have )~"'9 Page 10 Item /.).. Meeting Date 07/21/92 the effect of doubling the wagers required to participate), "hi-lo splits" and/or other variations of the game as described below. It is recommended that other styles of Hold'em poker not be permitted for the following reasons. One, according to representatives of the card room operators, "3/6" is the most popular form of Texas Hold'em with local card players. Two, other forms of Texas Hold'em such as "No- Limit" and "6112" generate very large wager pools and are available elsewhere in the county for high-stakes players. Three, staff presumes that high-stakes games and the players and tournaments that these variations might encourage could produce significant community impacts and are contrary to Council direction to focus recommendations upon providing local card room operators the ability to attract local players. B. That staff be directed to return to Council with recommendations regarding an appropriate set of accounting and monitoring programs to effect compliance with the conditions proposed to limit this gambling activity. C. That no additional gambling activities take place until such accounting and monitoring programs have been reviewed and approved by Council. Alternative #2: Jackpots and Mandatory Recalculations Staff would advise that Jackpots only be implemented subject to the following conditions: A. That the jackpot hand and award amount be prominently marked and visible to all players. B. That the jackpot award be recalculated prior to the card room opening for the day and then every four hours at 2:00 p.m., 6:00 p.m. and 10:00 p.m.; jackpot awards would be recalculated at these times unless a jackpot is won during the sixty (60) minutes preceding the designated recalculation times. If a jackpot had been claimed during the sixty minutes prior to the predetermined recalculation time, the next regular recalculation requirement would be waived. C. That jackpots be funded through a per hand charge to be collected specifically and only for the purpose of funding jackpots prior to each deal of the cards. D. That monies from any other card room operation not be co-mingled with money collected for the express purpose of funding jackpots. E. That staff be directed to return to Council with recommendations regarding an appropriate set of accounting and monitoring programs to effect compliance with the conditions proposed to limit this gambling activity. /.,2-/?J Page 11 Item J d-. Meeting Date 07/21192 F. That no additional gambling activities take place until such accounting and monitoring programs have been reviewed and approved by Council. Alternative #3: Texas Hold'em -- Per Hand Fees If Texas Hold'em is implemented, staff would advise the following: A. That card rooms be permitted to collect a per hand charge, not to exceed $.50 per player per hand, in lieu of the current $4.00 per hour charge. This method of collecting playing charges is more prevalent throughout the county and gaming industry. Under staWs proposal, permitted games other than Texas Hold'em would charge players no more than $.50 per hand. Out of the per hand charge 2/3rds would go to the operator and 1I3rd to fund jackpots. A $3.00 "blind wager" would be utilized exclusively at tables where straight 3/6 Texas Hold'em is played. Blind wagers are so termed because one player per hand is identified by a "button" (which rotates one-seat-per-hand in a clockwise rotation) who must wager $3.00 prior to seeing his/her cards. Out of the blind wager associated with straight 3/6 Texas Hold'em, $2.00 would go to the operator and $1.00 would fund jackpots as described above. The per hand/blind wager charge appears more equitable in that every player pays the same amount to play in a game. Under the per hour method, a player can participate in a few hands, get up and miss the hourly charge call, then sit back down and continue playing without paying. However, as previously indicated, staff cannot confirm that by approving a per hand charge, as opposed to the current hourly charge, that the amount of money necessary for a player to participate in local poker games would not increase. It should be noted that the amount of revenue generated under the recommended method varies based on the game being played and the skill of the dealer. Dealer skills are generally measured by the speed, precision and efficiency with which the cards are delivered to the players -- faulty deals cost operators money and customers. Alternative #4: Texas Hold'em and Jackpots Business License Tax If Council approves the concept of either Texas Hold'em or jackpots, staff would advise the following: A. That no change in the existing Table Tax amount of $90.00 quarterly ($360 annually) for operators choosing not to offer additional games. B. That Council pass an Ordinance amending the Master Tax Schedule to authorize the collection of a Texas Hold'em and Jackpots Business Tax of $15,000 quarterly ($60,000 annually). /,l-// Page 12 Item /,;J... Meeting Date 07/21/92 The Texas Hold'em and Jackpots Business License Tax reflects an attempt to develop a tax which reconciles the additional games and per hand charges recommended above. Attachment "A" indicates that the addition of Texas Hold'em, jackpots and the per handlblind wagers as proposed by will provide a significant increase in revenue to the operators. Attachment" A" also compares a straight 3/6 Texas Hold'em table to a table offering currently permitted games. Attachment" A" demonstrates that, under a conservative set of assumptions, a straight 3/6 Texas Hold'em table operating 16 hours a day would generate nearly $140,000 more in annual revenue for the cardroom operator than a table playing the currently permitted games. This number represents a conservatively estimated 87.5 % increase in card room operator revenue under the owner's proposal. Staff does not contend that any table would be operating sixteen hours per day for an entire year, rather the one table analysis is offered as a means of putting staff's proposed new tax into perspective. This tax would be applied to licenses for permitting jackpots andlor offering the game of straight 316 Texas Hold'em. If an operator chooses to offer the game of straight 3/6 Texas Hold'em, the total quarterly revenue to the City for an eight table card room operation would be $15,720 ($62,880 annually). In the event of consolidated licenses, the tax would be applied to each license separately in proportion to the number of tables the consolidated license makes available to the owner. In other words, an owner who had consolidated three licenses and wished to offer either straight 3/6 Texas Hold'em or jackpots would be required to pay $26,500 quarterly ($15,000 for the first license's 8 permitted tables, $7,500 for the second license's 4 permitted tables, and $3,750 for the third license's 2 permitted tables). or $106,000 annually. This would keep the Texas Hold'em and Jackpots Business License Tax consistent with the concept developed in recommendation #2. Annual Cardroom Ordinance revenue to the City if this recommendation was in force now, and both operating card rooms were playing straight 3/6 Texas Hold'em, would be $125,760. If all permitted licenses were operating and offering straight 3/6 Texas Hold'em, annual revenue would be $250,080. Staff evaluated several alternative methods employed by other cities to tax card rooms: a flat or escalating table tax; a flat card room tax; a flat card room tax plus a flat or escalating percentage of gross revenues; or some variation on these methodologies. Each method has its proponents and detractors, as well as, positive and negative aspects for both the city and the card room operator. Flat taxes appeal to staff for two reasons: 1) they are predictable and 2) there is no accounting component. The predictability makes revenue forecasting less complicated and more accurate and, therefore, assists in the budget development process. Calculating proportions of gross revenue requires significant staff time to critically review accounting documents from each of the card room operations on a quarterly basis. Additionally, the staff proposal would provide additional disincentive to consolidate licenses if an operator intended to offer Texas Hold' em andlor jackpots. Whereas an operator with one license and eight tables could offer Texas Hold'em for $60,000 annually, an operator with three licenses and 14 tables would have a $180,000 Texas Hold'em and Jackpots Business Tax liability. /;;../.2 Page 12 Item /;;... Meeting Date 07/21192 A comparison of the staff and owner's proposals relative to an eight table operation is provided in Attachment "B". Alternative #5: City Owned and Operated Gaming Clubs There is a precedent for municipal operation of gaming facilities. However, unless properly managed, these municipal clubs have similar impacts and raise very similar concerns as do privately held card rooms. Staff would be hesitant to recommend that the city enter the casino business. The concept of a municipally held casino would require a very different approach in order to assess the array of positive and negative aspects resulting from such a venture. In order to focus the assessment properly, this alternative would need to be explored in a future staff report. FISCAL IMPACT: None associated with recommended actions. There is significant fiscal impact associated with many of the alternative recommendations. Upon adoption or discussion of such alternative recommendations, fiscal impact shall be clarified for Council's information. J.:<-/J ATTACHMENT "A" $2.00 Revenue to Operator per hand of 3/6 Texas Hold'em. 30 Hands of Texas Hold'em per hour; average of 33 hands per hour observed by staff over three hours of total random observations. $60.00 Revenue to Operator per table per hour. 16 Proposed number of operating hours per day (9:00 am to 1:00 am). $960.00 Revenue to Operator daily each 3/6 Texas Ho1d'em table. 6 Days open per week. $5,760.00 Revenue to Operator per week, per straight 3/6 Texas Hold'em table. 52 Weeks in a year. $299,520.00 Revenue per straight 3/6 Texas Hold'em table per year. $4.00 Dollars per Hour under current Ordinance (See 5.20.190). 8 Players per game (estimated, maximum allowed). 16 Proposed number of operating hours per day (9:00 am to 1:00 am). $512.00 Revenue to Operator daily each non-Texas Hold'em table. 6 Days open per week. $3,072.00 Revenue to Operator per week. 52 Weeks in a year. $159,744.00 Revenue per non-Texas Hold'em table per year. $139,776.00 Net Revenue Increase Per Table Under the Owner's Proposal 1,.2-jJl ATTACHMENT C COUNCIL AGENDA STATEMENT Item Meeting Date 04/28/92 SUBMITTED BY Cardrooms Provisions; Report Regarding Recent Changes in State Law Providing for Additional Gaming Options. Chief of Police .~ ITEM TITLE : REVIEWED BY City Manager (4/5ths Vote: Yes_No.x) Referral No. 2549 Pursuant to Oral and Written Communications received by Council, Staff was directed to investigate any recent changes to state laws that have gone into effect since this issue was last discussed by Council (January 23, 1990). Council specifically directed staff not revisit the entire Cardrooms subject and to focus upon new gaming options that were the result of such changes to state law. Municipalities still retain the authority to impose controls and conditions upon local gaming operations. Staff does not support any changes to the existing Cardrooms Ordinance at this time. RECOMMENDATION: Do not amend existing Cardrooms Ordinance. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: On March I, 1991, State Attorney General Dan Lungren issued a memorandum/opinion to all California Cardroom owners, investors and managers. This document indicates that since at least 1947, stud poker has been prohibited under Penal Code Section 330 (Pq330). It has been the Attorney General's and Department of Justice's position that Texas Hold'em is a variation of stud horse poker and therefore is prohibited. In early 1991, an appellate court ruled, "the poker game known as Texas Hold' ern is lli11 a form of stud horse poker proscribed by Penal Code ~330." A similar document dated July 1, 1991 removed the proscription upon Jackpot Poker. This change occurred when the Attorney General's office "amended its position" on Jackpot Poker. These decisions provided an opportunity for Cardroom owners to petition their local authorities for permission to offer Texas Hold' ern. Although the state's proscription of Texas Hold' ern has been removed, ~ 19801 of the California Gaming Act states in part that, "nothing in this chapter /,,2-/t, Page 2 Item Meeting Date 04/28/92 shall be construed to preempt the authority of any city... from imposing valid local controls or conditions on gaming." ~19824 of the Gaming Act further states that, "The provisions of this chapter shall not prohibit the enactment, or enforcement of any ordinance by any...city related to gaming clubs." Therefore, before cardroom owners can offer additional gaming options, the Council will need to take action to amend the Cardrooms Ordinance. Reacting to the previously mentioned appellate court ruling, Cardroom owners made the following four point proposal via Written Communications in early September: I) to increase the per person/per hand charge; 2) to expand hours of operation; 3) to offer Jackpot Poker; and, 4) to offer the game of Texas Hold'em. The proposal provides for increased fees associated with these additional gaming activities. This proposal is premised upon the notion that due to increased gaming at other San Diego County gaming centers, Chula Vista clubs need to offer more games and enticements in order to remain viable. Per Council direction, only components #2 and #4 (amending the Ordinance to allow Jackpot Poker and Texas Hold'em) are addressed in this report. The Police Department has determined that there is no compelling rationale to amend the Ordinance to allow Jackpot Poker or Texas Hold 'em. The Police Department believes the current Cardrooms Ordinance is appropriate. The Ordinance provides an adequate means for citizens of the community to gamble locally. The fees charged to cardroom licenses are reasonable and cover the cost of enforcing the Ordinance and investigating related complaints. Furthermore, the Police Department is skeptical of the motivation driving this request: as was the case in January of 1990, Staff has been advised that overtures to purchase each of the operating cardroom licenses have been made (it is Staffs belief that these are bona fide offers). Allowing additional gaming activities will increase the market value of a cardroom license. Finally, there is no demonstrated benefit to the community in allowing either option. Cardroom owners will likely argue that if the City values its gaming industry and the jobs it produces, it should allow these games. The owners may assert that without Jackpot Poker, Texas Hold'em and the remainder of their increased gaming activities proposal, they will be unable to compete with other county gaming centers for business. The point of this argument being that if they are unable to compete with other county gaming centers, local owners will be forced to close their doors, or, sell their licenses to the highest bidder; and, that the highest bidder may be a non-local entity who may bring in employees from outside the community. While this line of reasoning seems sound, it must be examined in the context of the entire cardroom issue. According to ~5.20 of the Municipal Code, the Chief of Police and ultimately City Council, make the determination who may operate a cardroom in Chula Vista. If licenses are transferred, the applicant must meet, ".. .all of the requirements for the initial issuance of such a cardroom license." (see ~5.20.030) Therefore, it is presumable that the Chief of Police or City Council would appropriately deny applications should, ... "there appears (sic) to be good /.2 -/7 Page 3 Item Meeting Date 04128/92 cause why such person should not operate a cardroom." (see ~5.20.060) Therefore, the Police Department is comfortable with non-local ownership under the existing gaming restrictions. Additional background on this subject is provided in the Attachments to this document. FISCAL IMPACT: There is no fiscal impact associated with the rejection of additional gaming options now available as a result of recent changes in state law. /.,2 -)~ ATTACHMENT "B" COMPARISON OF PROPOSED QUARTERLY TABLE AND BUSINESS LICENSE TAXES July 21, 1992 PROPOSALS INCLUDE JACKPOTS AND STRAIGHT 3/6 TEXAS HOLD'EM Tables Current Ordinance Owner's Proposal Staff Alternative 1 $90 $150 $15,090* 2 $90 $150 $90 3 $90 $200 $90 4 $90 $200 $90 5 $90 $275 $90 6 $90 $275 $90 7 $90 $375 $90 8 $90 $400 $90 Total $720 $2,025 $15,720 Increase 0 181 % 676% * First $15,000 represents the staff alternative proposal of a new Texas Hold'em and Jackpots Business License Tax. I~ ~/5' / 1).- '8 ORDINANCE NO. ~r.J.:] ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY AMENDING SECTION 5.20.120 TO EXTEND THE HOURS OF OPERATION OF A CARDROOM BY TWO HOURS AND BY AMENDING SECTION 5.20.035 TO REDUCE THE NUMBER OF PERMISSIBLE TABLES ALLOWED WHEN A CARDROOM IS OPERATED UNDER CONSOLIDATED LICENSES. WHEREAS, section 5.20.120 prohibits the operation of any cardroom and card table from being operated between the hours of Midnight to 10:00 A.M.; and, WHEREAS, the Council believes that it is appropriate to extend the permitted hours of operation by two (2) hours such that the cardrooms and card tables do not operate after 1:00 A.M., nor sooner than 9:00 A.M.; and, WHEREAS, the consolidation of licenses is currently permitted under section 5.20.035 but that the maximum number of tables permitted in the operation of consolidated licenses is reduced such that each additional consolidated license after the original one only permits the operation of four additional tables; and, WHEREAS, the Council believes that it is appropriate to reduce the number of tables where three or more licenses are consolidated such that when three licenses are consolidated, instead of permitting the operation of sixteen tables, that only fourteen tables should be permitted and that when four licenses are consolidated, instead of permitting twenty tables, that only fifteen tables should be permitted; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: section I: section 5.20.120 (Hours and Days of Operation) is hereby amended to read as follows: 5.20.120 Hours and days of operation. No card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from lIIidRi~htone o'clock a.m. to ~ nine o'clock a.m. of any day. All places which are devoted exclusively to the operation or maintenance of a card table business shall be kept closed each day from lIIidRi~htone o'clock a.m. to ~nine o'clock a.m. No card table shall be used for any card game on Sunday. IrJ -Ii section II: section 5.20.035 (Consolidation-Permitted) is hereby amended to read as follows: 5.20.035 Consolidation-Permitted. Notwithstanding the provisions of section 5.20.160 regarding the maximum number of tables on premises, a person having an interest or holding a license to any cardroom in the city may apply for an additional available license or may acquire a financial interest in an additional license in accordance with the procedures set forth in this chapter. If such application is granted, the maximum number of tables permitted in the consolidation of two cardrooms is twelve (12). The maximum number of tables permitted in the consolidation of three cardrooms is sil!~eeR (1€)fourteen (14). The maximum number of tables permitted in the consolidation of four cardrooms is ~~CRty (2e)fifteen (15). Consolidation occurs whenever a cardroom licensee or a person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom Bruce M. Booga City Attorney Presented by: Richard Emerson Chief of Police B:\poker2.wp /eJ. ... :1..0 c0~f}V 1;2 South 13ay ~cumenica[ Council P.O.13ol'( '2ffrgFIVED Cnura 'V'is~~9A>9-H :25 CITY 0;: t,j~i. '/IST A CITY CLERK'S OFFICE July 17, 1992 ~~yor Ti~ Xader and City Co~ncil 276 Fo~rt~ Avenue Ctela Vista, Califo~nia 91910 .~;.c.; Se.:ticn 5,20 C~,.rKC, "the C.3..~drDQm Jrliilla.rlce- )ear Mayor Nader: On ;'Jly 1::", 1~1~,:'2, the 80l!-::~~ E9.Y E.:umer::.cal CO'-1ncil, \'rith rep:-e3entativ02_S \'(\ (l Wv- d 0 ""<2- of 17 Ch(jla V"i-sta area cO:~8rezation~-: r~vie\tled. tbe propo~,ed changes to this OYi:.iLZAl':ce, Py \..n;&:-:i::1C'j~- vote, t:l~ CO:";~r:il agreed to support t:::'e FDsition tl-d": th'2 or-di:~s.::'-L::e sb.=~ld n:Jt be ~r:l.~!',dec. to allm.-y" city carcromr.s tD 1~g3.11y of:er Tex~s H'.Jld 'e~:i b:'l::Ucr ~"ac,k?Gt Poker. It is the COlJn.:il's position that c..r,y :::1.!:.:ll e:q.i0:1Sic~-i of C:c.rdroom activities would ba\~e a detrimo::rrta.l effect 2U cur cam~u~jty. Sincerely, ~~ Coralee And~rson, Preside~t Soutb Bay Ecumenical Council /,) /~ I CITY OF CHULA VISTA COUNCIL REFERRAL ~ 7/23/92 " ,/. ORIGINATOR: ADMI~J REFERRAL NO: 2632 LEAD DEPARTMENT: POLICE AMENDMENTS TO CARDROOM ORDINANCE: Staff report and proposed ordinance to implement recent Council actions regarding cardroom operations. MANAGER DUE COUNCIL DUE DATE 8/11/92 ORIGINATION DATE 7/21/92 ASST. CITY ATTORNEY REFERRAL DETAIL Rick, at the 7/21/92 meeting, during the public,hearing discussion considering revisions to the cardroom ordinance in the Municipal Code, Council directed staff to return with new language covering a number of areas of operations including allowable games, jackpots, methods of charging, and enforceability. Please note that the Council is particularly concerned that the Police Department's ability to enforce the new changes and the cost of that enforcement be included in the report. DUE TO THE LARGE NUMBER AND COMPLEX NATURE OF THE MOTIONS AND COUNCIL DISCUSSION REGARDING THIS ITEM (NO. 12) THE CITY CLERK CAN PROVIDE A VERBATIM TRANSCRIPT TO ENSURE THAT ALL COUNCIL CONCERNS ARE ADDRESSED. cc: Beverly Authelet, Cit'y Clerk -------..-------. DISPOSITION COMPLETION DATE: COMMENTS: DEPT. HEAD SIGNATURE: ADMIN SIGNATURE: ;' ;) f 2t1- I \ \ \...-- Information requested from 7-21-92 City Council meeting. Item 12: Moved by Moore, seconded by Grasser HOrlon to approve city attorney's rerommendation in Footnote on page 5 and direct bim to come back with an ordinance to disallow consolidation 'of more than two licenses in one location under one ownership. Approved 3-2 (Malcolm, Nader no). Moved by Nader, seconded by Rindone to bring back an ordinance to transfer and review to Chief of Police and ratification by City Council whicb would allow selling and consolidation of corporations and partnersbips. Approved 5-0. Moved by Nader, seconded by Malcolm to allow games whicb tbe Attorney General declares legal except paigow. Approved 4-0-1 (Grasser Horton absent). Moved by Rindone, seconded by Nader to approve staff rerommendation for additional bours. Approved 4-0-1. Moved by Rindone, seconded by Malcolm to grant metbod of collection to be at 50 cents maximum per band per player. Approved 3-2 (Moore, Grasser Horton no). Moved by Rindone, seconded by Malcolm to include jackpots. Approved 3-2 (Nader, Grasser Horton no). Item 14: David Malcolm stated we issued a permit several years ago whicb bad a condition tbat if tbe trees didn't grow up to block certain buildings by this time that SDG&E would plant additional plantings. Asked for a report back on tbe dead line for this. Resolution offered by Moore. Approved 4-0-1 (Nader absent). Item 18: Malcolm offered Resolution. Approved 4-1 (Nader no) Moved by Malcolm, seconded by Grasser Horton to accept staffs rerommendation: . Annex to the Bonita Long Canyon Open Space District. This option would require a bearing witb property owners of tbe annexed area and tbe Bonita long Canyon District. Staff estimates this action would lower tbe assessments for Canyon View owners from S680.25/year to S338.92/year. Bonita Long Canyon property assessments would increase from a proposed S323.20/year to S338.92/year." Moved by Malcolm, seconded by Grasser Horton to direct staff to work witb tbe developer of project, at bis expense, regarding replanting of drougbt tolerant plants on H Street and get report wby tbe developer was directed 10 put non-tolerant trees with the drought tolerant plants. /~-}-0 COUNCIL AGENDA STATEMENT Item lJ Meeting Date 07/21/92 ITEM TITLE: Public Hearing: Consideration of Rate Increase for Collection and Disposal of Refuse Resolution ;I~I7/~ Approving Rate Schedules for Collection and Disposal of Refuse Effective July 1, 1992 and September 1, 1992 SUBMITTED BY: Director of Finance;(% ~. ' . . ',)...N City Manager...j4 ~1c/:;: (4/5THS Vote: Yes_No-1L) REVIEWED BY: Since 1986, Laidlaw Waste Systems, in accordance with the Franchise Ordinance (Attachment One), has been entitled to request an annual rate increase for the collection and disposal of refuse by filing with the City a "Notice of Intention" no later than 45 days prior to the effective date. Although Laidlaw notified the City by letter dated January 23, 1992 of its intention to apply for a rate increase to be effective April 1, 1992, the notice was defective in that it did not "contain accurate and complete information satisfactorily supporting any increase requested" as required by section 9.2 of the Franchise Ordinance. Subsequently, the change in the consumer price index was published, the County increased landfill rates, and Laidlaw submitted information regarding their return on investment. The resulting proposed residential and commercial rate schedules are discussed below. This report addresses the current rate increase request from Laidlaw composed of an increase (based on the change in consumer price index) in the operating component of the disposal rate, continuance of the settlement adjustment from last year, and a pass-through of the City franchise fee increase. It reviews actions taken by the City Council last year and their impact on the rate calculation methodology, discusses a recommendation for a two- tiered rate schedule to be effective July 1, 1992 and September 1, 1992, and reviews the analysis that has been performed and the rationale for the recommendation. The reasons for one rate schedule effective July 1 and a second rate schedule effective September 1 are as follows: /;3-/ Page 2, Item Meeting Date J;j 7/21/92 1. Last year's increase was effective July 1 and the calculation of the settlement adjustment for the first year assumed a 12 month period with the second year adjustment to begin July 1, 1992. 2. The fee for the County landfill, which is treated as a pass-through in the calculation of the rate for refuse collection and disposal, is scheduled to increase September 1, 1992. RECOMMENDATION: Adopt the Resolution approving the rate schedules to be effective July 1, 1992, and September 1, 1992. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: I. PREVIOUS YEARS' RATE REVIEWS The procedure for rate review was initially established by Ordinance in 1985 and allows for, among other things, a direct pass-through of landfill cost increases imposed by the County of San Diego, as well as pass through of the City Franchise Fee increase of one-half percent (.5) annually until 1996. The grantee is also entitled to request an annual rate increase up to the change in the consumer price index (but not to exceed 6%) to cover operational cost increases. The Ordinance allows for the rate request to be administratively reviewed by the City Manager's office with notification to the City Council. The City Council may, at its discretion, require a public hearing for any proposed rate adjustment. From 1986 through 1990, proposed rate increases coinciding with the amount of the consumer price increase were reviewed and approved, with the city Council requiring a public hearing only once during that period. II. LAST YEAR'S RATE REVIEW The Ordinance language states that "the amount of the [rate] increase shall be limited by the percentage increase since grantee I s last rate increase in the San Diego area CPI". During the evaluation of last year's proposed rate increase, staff determined that Laidlaw was using a different methodology to implement rate increases than was intended by the City when the Ordinance was adopted. Since 1986 the annual CPI increases had been applied against the total existing rate which includes components for operating costs, landfill fees, and franchise fees. 13....). III. Page 3, Item Meeting Date /3 7/21/92 The proper calculation should have been to apply the annual CPI rate increases only against the component of the rate covering operating costs and should not have included landfill costs and franchise fees which are handled separately as complete pass-through costs. Laidlaw cooperated with the City in recalculating and comparing rate increases received since 1986. This recalculation resulted in a one-time permanent reduction of SO.24 in their residential rates. a reduction of approximatelv SO.08 per vard for commercial rates. and identified an amount of S305.000 to be redistributed. At its meeting on August 27, 1991 the City Council approved the following redistribution method: a. Using $50,000 to establish a City Waste Management Trust Fund; and b. Using the balance of the settlement adjustment in the amount of $255,000 (plus future interest earnings) to offset rate increases for the next three years. Sixty percent was used in the first year (1991-92) to reduce rate increases and twenty percent is to be applied in each of the second and third years. The impact of the offset in the first year was to reduce the proposed residential rate from $11.51 to $11.25. CURRENT REOUEST FOR RATE INCREASE Laidlaw is requesting a two-tier rate increase. The first, be effective July 1, 1992, reflects the normal adjustment CPI and pass through of the city franchise fee increase. second, to be effective September 1, 1992, reflects increase in the County landfill rate. to for The the Attachment Two indicates the proposed residential and commercial rate schedules reflecting the adjustments to the operating, franchise fee, and redistribution components to be effective Julv 1. 1992. Attachment Three indicates the proposed residential and commercial rate schedules reflecting the increase in the landfill component to be effective September 1. 1992. The current residential rate of $11.25 per month is made up of components for recycling, landfill, other (operating), redistribution adjustment, and franchise fees. Laidlaw is requesting a rate increase to $11.67 to be effective July 1 reflecting adjustments to the following components: 1;3-;1 Page 4, Item Meeting Date I;; 7/21/92 a. An increase of 3.1% based on the most recent change in consumer price index, to be applied to the other (operating) rate component of residential and commercial. b. A pass-through of the increase in the franchise fee from 7 1/2 percent (7.5%) to 8 percent (8%) that is paid to the City of Chula vista. c. Inclusion of the second year adjustment, resulting from the redistribution amount, in order to reduce by $.11 the amount of rate increase requested. In addition to the above increases that are proposed to be effective July 1, 1992, the following component increase is proposed to be effective September 1, 1992: d. A proportionate change to the landfill component of 21. 7% reflecting the increase in the County landfill rate from $23.00 per ton to $28.00 per ton. This adjustment for the landfill rate increase has the effect of increasing the residential rate to $12.41 per month. IV. JUSTIFICATION FOR RATE INCREASES a. Conformance with Ordinance Last year the City Council adopted Ordinance No. 2475 which clarified the methodology for calculating future rate increases for the collection and disposal of refuse. The Ordinance identifies the rate as being made up of different components and indicates how each component can be adjusted. Laidlaw has conformed with the Ordinance by submitting schedules showing the components of the rate and adjusting each component in accordance with the Ordinance. The other (operating) component is proposed to be adjusted by 3.1% which staff has verified is the most recent increase in the CPI, the City franchise fee is proposed to increase from 7.5% to 8.0%, a portion of the agreed upon redistribution amount is being used to offset the proposed rate increase, and the landfill component is proposed to increase by 21. 7% reflecting the County's increase in fees. b. Comparison Rate Survev During the August 27, 1991 public hearing on last year's rate increase, council specifically requested that the comparison rate survey data in future presentations equalize rates as much as possible. Since rates throughout the County are based on any number of I '3'1./ Page 5, Item Meeting Date /3 7/21/92 variables, the concern was to not be "comparing apples and oranges". The rate survey data shown in Attachment Four -A presents the raw "database" information on the 17 cities, and then compares adjusted rates for Chula vista and some cities using two comparisons. In the first comparison (Attachment Four - Bl, Chula vista is compared with five other cities which have similar service as defined by the following criteria: a single contractor provides service, the rate includes a franchise fee as a percent of receipts, and the contractor incurs all costs associated with billing customers and collecting bad debts. Comparison rates used do not include landfill fee increases for any city. In the second comparison (Attachment Four- Cl, Chula vista's proposed adjusted rate is compared only to cities with a single provider and rates which include franchise fees. The results of this broader comparison do not substantively differ from the six-city comparison of similar service. This information is presented as further validation that we can accurately assess how the proposed rates for Chula vista compare around the County. In general, the results show that Chula vista rates are second highest for residential refuse and recycling combined, and lowest (or next to lowest) in recycling alone and commercial refuse. However, when Chula vista's "weighted average" rate is compared to the five other cities with similar service (Attachment 4-Bl, the results are significantly different. Laidlaw's rates would then be near the average for refuse and recycling (combined) and refuse only, and would continue to be the lowest recycling only rate. The "weighted average" reflects Chula vista's unique rate structure which provides residential discounts for multi- family units, trailer parks and condominiums, and senior citizens. No other cities surveyed have a comparable comprehensive discount rate structure for residential service. In response to Council's concern for comparable rate information, Chula vista's "weighted average" rate is only displayed on the rate survey Attachment 4-B. It is also noted that a number of cities are expecting rate increases (other than landfill fees) in the near future and it is not possible to project how those changes may affect the comparisons. /3'5' Page 6, Item Meeting Date 13 7/21/92 c. Return On Investment During last year's consideration of a rate increase for Laidlaw, Council requested staff to include with this year's report information regarding Laidlaw's rate of return and other financial information. Attachment Five is two letters from Laidlaw in response to the Council's request. Although these letters are marked "Confidential", Laidlaw has agreed to their inclusion as attachments to the staff report. The first letter addresses their return on investment (ROI). Their estimated ROI for the twelve months ended March 31, 1992 for the commercial and residential Chula vista Franchise is 5.8%. Staff have requested details of the ROI calculation, however, Laidlaw's position is that the information is proprietary and cannot be provided without a confidentiality agreement, an agreement which the city Attorney has advised to be inappropriate for the City. The second letter addresses Laidlaw's operating costs and estimates that their direct operating costs for the total Chula vista Division increased by 3.5% for the past year. Laidlaw also mentions they have been downsizing their organization and there is a freeze on their management salaries. v. OTHER ISSUES a. Effective Date of Rate Increase The attached Rate Schedules reflect proposed rates that are recommended to be effective July 1, 1992 and September 1, 1992. Laidlaw initially requested and has argued that the rates should be effective April 1 because that was the effective date historically (except for last year when the effective date was July 1 because of prolonged negotiations) and that the three months delay results in over $50,000 lost revenue to them for this year and each subsequent year. Staff's response is that an April 1 effective date is not required by the Franchise Ordinance. The Ordinance makes reference to "no more than one such increase may be implemented in anyone calendar year...". All the information needed in order to evaluate Laidlaw's proposed rate increases was not available in time to meet an April 1 effective date, therefore, staff is recommending the July 1 effective date. J 3-" Page 7, Item Meeting Date 13 7/21/92 b. Settlement Adiustment As mentioned previously, a settlement adjustment of $255,000 was identified last year to be used to offset residential and commercial rate increases over a three year period. sixty percent was used in the first year to mitigate rate increases and twenty percent is to be applied in FY 1992-93 and FY 1993-94. For the first year (1991-92) this resulted in a reduction of $0.26 to the residential rate. The balance of the settlement adjustment after the first year is estimated to be $120,000 including interest earnings. Applying 50% ($60,000) of this amount to FY 1992-93 results in a reduction of $0.11 to the proposed residential rate. This is indicated on Attachment Two in the column titled "Less Settlement Year 2 Adj". c. Franchise Fee section 4 of the Franchise Ordinance provides that the ci ty' s franchise fee increases by one-half percent (0.5%) each year until it reaches a maximum of 10%. This is a "pass through" cost for Laidlaw. The current franchise fee of 7.5% is scheduled to increase to 8.0% as of July 1, 1992, as part of the pass through rate increase requested by Laidlaw. For Council information, if the franchise fee were temporarily frozen at 7.5%, then the residential rate to be effective July 1 would be $11. 61 instead of the proposed $11.67. The resulting loss in revenue to the city for FY 1992-93 by not increasing the franchise fee would be approximately $40,000. d. Recvclinq Rates The residential curbside recycling rate is recommended to remain at $1.10 per household per month (including franchise fee) although it should be recognized as a newly calculated rate rather than a continuation of the same rate components. Council may recall that a recycling rate calculation factors in more than the basic cost of service. That basic cost is adjusted by components which estimate revenue from the sale of materials collected curbside, as well as a "landfill diversion credit" offered by the city's refuse hauler since recycled material does not require a landfill fee for dumping. In addition, any grants received by the wastehauler for the curbside program are applied to partially reduce the rate to the J3"7 Page 8, Item Meeting Date 13 7/21/92 customer. Finally, starting in the second year of the program, there is application of an adjustment based on the past year's actual experience of material sales (revenue) and landfill diversion credit (participation) compared to the original estimates. During the first year of the curbside program, the city witnessed serious drops in the market prices (revenue) as many other California cities instituted programs and the amount of market supply soared. On the other hand, participation in the Chula vista program was higher than originally anticipated, allowing for a higher landfill diversion credit. The tremendous success of the curbside program is primarily responsible for allowing the newly calculated rate to remain at a $1.10 rate (including the franchise fee), even though this rate includes a 3.1% CPI increase on operating costs per the franchise agreement. The proposed rate of $1.10 is the lowest rate in the County for service which is not subsidized by commercial refuse rates or hauler-provided incentives. It is also important to highlight that the basic cost of service has always included $.10 per household per month for public education purposes because of the critical importance of that process. It is recommended that the allocation continue ($.10 of the $1. 10 collected) but the management of the program and the funds would shift from Laidlaw to the city, under the direction of the Conservation Coordinator. This shift would result in approximately $27,000 annual revenue to the City to be used for public education programs. Since the City has established a recycling program infrastructure, this action would not result in additional staff. However, the funds would be used for offsetting the cost of existing staff time, as well as mailers, presentations and demonstrations, handouts and materials to reach the City'S 24,000 participants. The public education aspect of the curbside program is particularly important at this time (even though participation has been high) because of the mandatory Ordinance. In addition, the State has mandated 25% diversion goals by 1995. FISCAL IMPACT: If Council approves the proposed rate schedules which include a pass-through of the franchise fee increase from 7.5% to 8.0%, the .city will receive an estimated $670,000 in franchise fee revenue for FY 1992-93. Of that amount, approximately $40,000 is resulting from the one-half percent increase. 13-8'" Page 9, Item Meeting Date /3 7/21/92 The City will also receive an estimated $27,000 in FY 1992-93 from Laidlaw to be used to offset the cost of the public education program for the curbside recycling program and to offset the cost of existing staff time. Attachment One- Two - Three - Four Five Franchise Ordinance (Includes Amendments) Proposed Rate Schedules to be Effective July 1, 1992 Proposed Rate Schedules to be Effective September 1, 1992 Comparison Rate Survey Letters From Laidlaw Addressing Return on Investment and Operating Costs 13-9 /13~/D ~ ~ ~~ j ? SECTION 2. SECTION 3. SECTION 4. Presented by The residential and commercial rates identified on Attachment 3 as proposed for September 1, 1992 for the collection and disposal of refuse are hereby approved and said rates shall be in effect as of September 1, 1992. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. The city Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is ssed and adopted. eJt Lyman Christopher Finance Director Bruce M. Boogaa city Attorney C:\rs\laidlaw Ij-/d-. by ~ NOTICE OF PUBLIC HEARING CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL for the purpose of considering: . CONSIDERATION OF REQUEST BY LAIDLAW WASTE SYSTEMS FOR RATE INCREASE. If you wish to challenge the city's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 30, 1992 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. For further information contact Finance 691-5051. Publish: June 17, 1992 and June 24, 1992 Beverly A. Authe1et, CMC City Clerk '" declare under penalty of perjury that I am am~'oye:! by the City of Chula Vista in the OHlc" O~~!:; ,City Clark and that I posted thIS Atl,c:.....; Noe,ce en the Bulletin Board at the ~ub:;7'5;h, I a3 BUildin, g and t ity HAil DATtD, /> 't"- SiGNED . ~ . L \ \f'j! \~ COUNCIL AGENDA STATEMENT Item ft Meeting Date 07/21/92 ITEM TITLE: PUBLIC HEARING: To consider Coastal Development Permit No. 59 for the construction of two storage sheds and a covered work area at the SDG&E South Bay Power Plant RESOLUTION I~,* 8"02. Issuing Coastal Development Permit No. 59 for the construction of two storage sheds and a covered work area at the SDG&E South Bay Power Plant SUBMITTED BY: Community Development Director City Manager...jL\ \)~ ~ L_S, REVIEWED BY: (4/Sths Vote: Yes No_XJ BACKGROUND: SDG&E has submitted an application to construct two storage sheds and a covered work area within an existing warehouse area at the South Bay Power Plant site. The project site is located south of L Street and west of Interstate-5 which is within the Southwest Redevelopment Project, however, no special redevelopment actions are required. The proposal is a class 3 exemption from environmental review. RECOMMENDATION: That the City Council conduct a public hearing, take testimony, and adopt a resolution issuing Coastal Development Permit No. 59 for the construction of two storage sheds and a covered work area at the SDG&E Southbay Power Plant. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: SDG&E proposes to construct a 120' X 12' X 14' high and a 50' X 12' X 14' high open bay shed to store various tools, timber, plywood, sheetmetal racks, pipe racks, boiler tubes, insulation material, and other specialty tooling and supplies. The sheds will be constructed on an area currently paved with asphalt adjacent to the Operations Services' parking lot at the South Bay Power Plant. A 30' X 18" X 10' high pre-fabrication work area will be located on the west side and adjacent to an existing warehouse near the sheds. This space will provide a rain-free/shaded work area for welders. All three buildings will be constructed of corrugated metal. Because of their locations within the interior of the site, the buildings will not be visible from outside the site. Two m<\ior storage 1'/-/ P.02 P.02 JUL -08-1992 11: 45 FROM SBDO TO 94765310 JUL- 8-92 WED 12: 17 COllllUNlTY DEVELOPlIENT FAX NO. 6194165310 . . 'I'SB ClTTf OF CHULA ~ i?Alirr blSCLOSlIRR sr.f.7'EMENT StatCDlmt of dlsclOSURl afa:naJn OwnCDhip fntuasts. payments, or O8J1IPafp IlOII1t1butiODS. 011 tIJ1 mattciS whit'It WI'll toquin: disqetloAll17 actJcm on t1\1l part oftbe at,)' Colmc.ll, PJlInafna Camm.fssion, lUld all otltcX' ofiicla1 bac11cs. The ~ iafonnatlon mast be discloBed: . . I, Ust 1bc Ull19 of aU persoo. :baring a JinlIncfal interut in the c:cmtract, 1.80, t:OnUllt(or, aubcontralltDr, mateda1 aupptler, San DiAeo Gas & El.ot~ie . 1. If &rJ.'f ~o.n. idemified punuam to (1) above Is 8 ccrpcratlon or partnersl1ip, Jl&t the names or aU iDdMdua18 OWIlini IJlOrC than 10% of the Ihares in the c:o:poration or ownfng ll1l)' partnership Jowett In the partnersblp. 'NIA 3. It any penon ide1ltilled puimant to (1) above II llClII-pRllit cnganfmtkm. Dr a trull, USI the rwnc.a of any petlan aerving OS director of the non-prol'it organization or as tfu$tee or beneficimy or tnIatcr or the tnJat. If/A. ~ - 4. Hava you bail Dl,Ote than $250 worth of bll$klIa b:~ w.itl1 an)' member of the ClII staff, Boudl, Oomml&alon... Commitllllc:s and Oounall. VJithin the past ~\fO 1lI0ntht1 Yes_ No......L. If )'eI, pJOI1lle inc:ueate pet$ClJl(s): Ph:ase identify each aud r.vcry parsan. inc1udlng II1l)' apts, emp1~ cona~ or fndepcndtlnt ~ who }'Ou !lave usigned to reptescnt you \:lefOl'e 11te Q1J JD thll matter, K/A 5. 6. Have JOU and/or )'011; ofl5ce!l1 or asem.. iJI. the assrepte, COl\tlibUted DIOnI tblIn $1,000 to a Ctu-n"...",bec in the current or ~i"8 e1ec:doftp8rlod? Yes _ No.....!.. If,.., atalO vdlSch Counollmembel'{a); r lml!ll15dttln.e4 u: ~1IJ'~pnn. eo.pI1U!f8hI,.jDbu~ -<<rii/lrt, ",dalt.lrt),fttItl:md~ e<<porafi(ln. a/aIr, "* lIllllMr, ~ thtf l1R4 tNIY 0lMr Ilf.\IIIII)\ r:iI1 tm4!!!11l*1r ~ IIIU#k1pa1try. 4fIltfa G1' ""-1"1kkd 1II11dJ1IkI/Hl, IN'trllJ' 0III611W1 IN' wmbfntrdOll acting illS tJ urrlt," {I'l~~l:ltklIWpap8Sn~ Da",,--o-l 3f /q q ~ S' y..Il:lWD1SC1.oSll.'l'X'11 . Jl'clnt or 1fPCl name or contracfOr[app1feaDt ~_: 11/3ONO} ~ TOTAL P.02 Ill; 3 ,;,,':;.:; '~~~"',\. "' ';. i"~", .', ~~ I I i " " ~ ;; . . ." ~ \ \ \ . '. \ '. . '. "\ '" \ , I i . I ! J i ! ; I . . ~ I g . . ! ~ I 0 . z i ;!( ! a ! z ~ ~ i ~~J; I . .~~ ~. ", "':.'>::::- ~ . . o ~ / /J./~'1 ~'-7.'_- " 'It. ~ r ,'..:.\ 1f.~ "" . l" . ~ "'alJ ^'", '" 0 la t~ 'f 6' 1'> R '1> '"\A . 2 vv ""l_ N1OlililO'":_ (" .~l 'Q.I. , F' -<>>' ", I ; ., ~ "2 I. 6 \ll! "i ~ Q ~ qJ ....;:} --:>1. ::J <:l 3 ". ,j) '- :>-q a:- (), ~"J <:::<ll "-,,,, "-'''J :';l2 1;:;", --0 ;U </1)- <:<;J 3"2 " \--..:! c: \Il ~~ ~'.~"I 0... ~ ,0 -.!l", . '- C\u '-<:\4 8 ~::i ~ ~ \I)~ --..J ~ ct t I, ~'i1 rj ~r ! :> <ll ., '" -Do / --/ --.F l/ "',,' ~::,j ';0", :3;ri = -~ 0.- ":L!, 3'S:.>Q ~'...'" !=l 0' IU.....-.l ~,o'" ~c~ Iv; E E -. - \- "':!9:J ~:;jJ ~U1 .. 0'3 ~'5 ~ I ~ .~ ~ I:::::::Q; .. r~"3 ~~U'::u )-=~2 <:::V~..n =;9 - .", , ~-n~ ::3 """ ~~-? '3 ~'::l ~ n d ~3~ ~p~-:c <.Ie ~~8~ '" to ~f;,')- ;- In- '" ::J ,...<:l r:JQ.;2~ -,,1" ",<l: -J ::to - a C!~;z< 2;ZQ'" ~ '-J ~ :-.. ~ < o ~ ~ (:. " <; ~ .1 ~ -<:1 ~ . N ..... .,.. .~ ~ - IJl /1" .5' / ", . ----- / " r." ~-- <L "- - '<i- _ n - Ii II .- r ' ~, "'- L . - - ~ I J I ; I I I ;\ II , .-:.J , \ I i I II II II I , , , \ I I ~ IY) I h - \ I I I . - ! - =:/1 ! , c: :;~ -i'l I'I-? '1 -- N .<1 I> J v ,: ", .~ , .. k I I I - C) - tT) ~ co ~I i ~ . .... " ;r: -.J J ':>~~~ g :J IN ~ v .,lJ " 1:0 r:: ~ ~ , ~ I l 1, , ! ~ <;;;: ~ ~ ~ ~ G 'l: w i1 <l ... " ~ ~ :> ,Q V ::r: ~ ~ W ~ ~ .~ <t: Cl 3 '" IT) ~ " ~ ~ C( ~~ k ~ 111 ~ t' Cl... ~ ~ ~ , " 't> D ~ .~ /JI- 7 J- .~ '" ,;;: -'-l ~ cJ ~ ~ ') ~'l 1""-- ~ ~ ~ ~ v:, .:j " " .. Page 2, Item ~ Meeting Date 07/21/92 tanks are located to the west of the buildings which block their view from the bay and a warehouse is located to the east of the prefabrication area which precludes visibility from Bay Boulevard. An existing 12' high, slatted chain link fence surrounds the paved area where the sheds are proposed and will virtually hide both buildings from view (see attached map). Findinl!s Based on the following findings, the proposed project has been found to be consistent with the policies of the certified Chula Vista Local Coastal Program: 1. The land use plan designation for the subject SDG&E site is Industrial: General. Construction of the proposed storage sheds and pre-fabrication work area are consistent with the land use designation. 2. The project site is owned and operated by SDG&E, a public utility company. The site is a security area and public access is not allowed. Therefore, the opportunity for public access to the bay from the site for recreational use is restricted and not inconsistent with the policies of the certified Local Coastal Program. 3. No natural vegetation or land contours will be disturbed as a result of the project. The project site is currently paved and developed with various industrial buildings and storage tanks and no grading is proposed for the proposed project. 4. The project will not interfere with coastal access or traffic circulation since there are no existing public roadways on the project site and only a minor number of additional trips will be generated from the project. FISCAL IMPACT: No significant fiscal impact will result from project implementation. The buildings are not major improvements to the site for tax purposes. And, any increase in assessment would be minimal benefit to the City since all cities would share in the increase. [PBIDISK6IB,ICDPMT59.113] /O/'J../I'I-i RESOLUTION I~Jr;J.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ISSUING COASTAL DEVELOPMENT PERMIT NO. 59 FOR THE CONSTRUCTION OF TWO STORAGE SHEDS AND A COVERED WORK AREA AT THE SDG&E SOUTH BAY POWER PLANT WHEREAS, in accordance with the California Environmental Quality Act, the proposed project is a Class 3 exemption from environmental review; and, WHEREAS, the Chula Vista Bayfront Local Coastal Program (LCP) was certified by the California Coastal Commission; and, WHEREAS, said Local Coastal Program includes coastal development permitting procedures determined by the Coastal Commission to be legally adequate for issuance of Coastal Development Permits; and, WHEREAS, a public hearing was held on July 21, 1992, in accordance with said permitting procedures; and, WHEREAS, the City Council of the City of Chula Vista, as approving authority, has reviewed the proposal for the construction of two storage sheds and a covered pre-fabrication work area within the vicinity of the Operations Service parking lot at the Southbay Power Plant site. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, based on the following findings, that the proposed project has been found to be consistent with the policies of the certified Chula Vista Local Coastal Program: 1. The land use plan designation for the subject SDG&E site is Industrial: General. Construction of the proposed storage sheds and pre-fabrication work area are consistent with the land use designation. 2. The project site is owned and operated by SDG&E, a public utility company. The site is a security area and public access is not allowed. Therefore, the opportunity for public access to the bay from the site for recreational use is restricted and not inconsistent with the policies of the certified Local Coastal Program. 3. No natural vegetation or land contours will be disturbed as a result of the project. The project site is currently paved and developed with various industrial buildings and storage tanks and no grading is proposed for the proposed project. 4. The project will not interfere with coastal access or traffic circulation since there are no existing public roadways on the project site and only a minor number of additional trips will be generated from the project. Jo/..." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby issues Coastal Development Permit No.59. (5<, <;~ v Presented by: Chris Salomone Community Development Director ruce M. Boogaard City Attorney [PBIDISK6\RES059.TXT] /t/,/() COUNCIL AGENDA STATEMENT Item /5' Meeting Date Julv 21. 1992 ITEM TITLE: PUBLIC HEARING: - Conditional Use Permit PCC-92-40: Appeal of Planning commission Approval of a Request to Install Interim Fire station No. 6 at the southwest corner of Lane Avenue and Fenton street; Appellant - California Land Associates SUBMITTED BY: Resolution Approving PCC-92-40 Director of Planning~~ .1 < City ManagerJlx '-'\;", ~\ (4/5ths IJ'/ Vote: Yes_No-Ll REVIEWED BY: staff recommends continuance of this item to the Council meeting of July 28, 1992 to allow City staff to meet with the appellant to discuss the issues raised in the appeal. The appellant concurs with the continuance of PCC-92-40. 1>- / ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item /~ Meeting Date 7/21/92 a) Publ ic Hearing: City Open Space Maintenance District 11 for Fiscal Year 1992-93 and annexation of lynndale Hills Subdivision Resolution I" 7-'.1> Ordering certain open space and maintenance facilities to be maintained and levying assessment for Fiscal Year 1992-93 for Open Space District No. 11 Resolution 1~7.?1 Approving annexation of land known as lynndale Hills Subdivision (Chula Vista Tract 90-6) to Open Space District No. 11 Director of Public Works~ Di rector of Parks and(R:,creat ion c:r .' \' Li~\\ City Manager ..JG'I )~f-<," (4/5ths Vote: Yes_No-.!..J b) In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space districts. The reports were accepted and the required public hearings were set by Council at its meeting of June 23, 1992. Thi s agenda statement covers both agenda item numbers 16 and 17. RECOMMENDATION: That Council approve the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Assessments On June 23, 1992, the City Council approved the reports for the City Open Space and Maintenance Di stri cts prepared by the City Engi neer or under hi s di rect i on and set July 21, 1992, as the date for the publ i c heari ng. The reports cover the following districts: 1. Open Space District Nos. 1-11, 14, 15, 17, and 18 2. Rancho del Rey Open Space District No. 20 3. Eastlake Maintenance District No. 1 4. Bay Boulevard and Town Centre I landscaping Districts The proposed individual assessments for Fiscal Year 1992-93 as they compare to last year are shown below: /(, -'I Page 2, Item J(, Meeting Date 7/21/92 TABLE 1 FY 91-92 FY 92-93 % Increase OSD Assessment/EDU As ses sment/EDU or Decrease 1 $ 54.88 $ 42.56 -20% 2 35.90 28.92 -20% 3 357.66 331.10(2) -7% 4 213.80 183.64(2) -14% 5 260.74 226.58(2) -13% 6 136.44 128.00(2) -6% 7 98.36 72.12(2) -26% 8 456.02 408.00(2) -10% 9 96.72 93.62(2) -3% 10 131. 48 83.46(2) -36% 11 86.18 75.18 -12% 14 369.38 323.20(2) -12% 15 229.20 220.54(2) -3% 17 154.58 146.36(3) -5% 18 285.94 282.48 -1% 20 140.58 246.28 +75% EastLake Ma i nt. Dist. 7.52 6.76 -10% Bay Blvd. 1189.00(1) 1031. 60( 1) -13% Town Centre 41. 98(1) 40.94(1) -2% (1) Per benefit unit (2) As proposed, reserve exceeds 50% (3) Reserve is at 10% These assessments are based on the budget approved by Council on June 16, 1992. NoticinQ Although there is no statutory requirement to do so, staff noticed all property owners of Open Space Di stri ct Nos. 1-11, 14, 15, 17, and 18 of the proposed assessments per equivalent dwelling unit on the postcards mailed for noticing the informal staff meetings held on June 13, 15 and 20. District 11 (Terra Nova) was also noticed of the proposed annexat i on of Lynnda 1 e Hill s subdivision and future additional costs of $5-$15/year due to the annexation on the postcard. Bay Boulevard and Town Centre Landscaping and Lighting Districts were not not iced of the proposed assessments on the postcards because each assessment varies per parcel. However, staff provided the percent decrease on the postcards. It,.. .2 Page 3, Item Meeting Date It, 7/21/92 EastLake Maintenance District No. 1 and Rancho Del Rey Open Space District No. 20 were notified by postcard of the informal staff meeting held on June 15. Neither the proposed assessment nor the percent increase/decrease was included on that postcard because the i nformat i on was not avai labl e at the time of mailing. Of the approximate 4,000 parcels within these districts only one property owner from EastLake attended the meeting. Staff noticed the public hearing pursuant to Sections 22552 and 22553 of the Streets and Highways Code which requires notice be published. Rancho Del Rev Ooen Soace District No. 20 Open Space District No. 20, Rancho del Rey is the only district with a proposed increase in assessments. The increase is due to the following: 1. The 91/92 assessments were low due to savings which occurred during FY 1990-91. These savings were used to lower the FY 1991/92 assessments. The savings were due to turnover of open space occurri ng 1 ater in the fi sca 1 year than ant i c i pated and from actual contract costs being lower than originally estimated. 2. Additional costs are being spread to the district because of turnover of approximately 52 acres of open space in SPA 1, Phase 5. The maximum assessments per equivalent dwelling unit for this district have been as follows: FY 90/91 FY 91/92 FY 92/93 $296.42 $140.58 $246.28 Staff has prepared the following summary to be incorporated into the Engineer's Report for Open Space District No. 20 pursuant to Section 22660 of the Streets and Highways Code: II,-J TABLE 2 Rancho Del Rey Open Space District No. 20 Annualized Costs Amount Accumulated FY 92-93 Zone DescriDtion (90-91 & 91-92) Amount DesiLting basin $67,694 $33,847 2 Rice Canyon 13,400 6,700 1,746 873 456 228 3 East H Street 0 0 4 SPA 1 Phase 1 8,004 4,002 (Business Center) 5 SPA 1 Phases 2-6 69,234 34,617 6 SPA 2 0 0 7 SPA 3 0 0 TOTAL $160,534 $80,267 Page 4, Item Meeting Date I~ 7/21/92 Work DescriDtion Desilting basin maintenance (every 5 years) StabiLization structures maintenance (every 3 years) Staging area - Ale overlay seaL and stripe (every 5 years) Staging area maintenance (30-year period) Monumentation replacement (3D-year period) Theme wall & monument replacement (3D-year period) The Code requires the breakdown outlined in Table 2 for estimated costs amortized over more than one year. Certain costs are being spread over several years because of the impact on an assessment which would occur if the costs were spread over one fiscal year only. Summarv of Informal Meetinqs Staff from the Public Works and Parks and Recreation Departments held informal meetings on June 13, 15, and 20 to discuss the proposed assessments for Fiscal Year 1992-93. Several questions were answered at that time regarding the assessments and the components affecting the assessments, maintenance and contractual services. A summary of issues are presented in Attachment "A". /fOr $UrtJIoIEP FISCAL IMPACT: None to the City. All City staff costs are reimbursed by Open Space District Funds. DDS:fP/OS-OOl WPC 6062E 1~"'1 ATTACHMENT "A" SUMMARY OF INFORMAL MEETINGS 1. One property owner from Open Space District 5 objected to the budget and the assessment because he bel i eves the negatives, i. e., cost, outweighs the positives. He also objects that his home overlooks a canyon which is maintained in a native state and is maintained by a different Open Space District. He would have like it planted and irrigated. 2. One property owner from Open Space Di stri ct 11 objected to the proposed annexation of the Lynndale Hills Subdivision because he saw no benefit to his property. 3. One property owner (Lillian Ritchie) requested that staff investigate the possi bil ity of detachi ng certain areas wi thi n Bonita Long Canyon from Open Space District 14. Specifically, she was concerned that the highly manicured perimeter parkways and medians have high maintenance costs and should not be spread to her phase of the Bonita Long Canyon Subdivision. A recommendation is presented below. 4. One property owner from EastLake Maintenance Di stri ct No. 1 (Ed D' Lugo) raised several questions regarding the laws pertaining to the 1972 Landscaping and Lighting Act. Staff is arranging for him to meet with the Assistant City Attorney and the Director of Finance to discuss the issues. Bonita LonQ Canvon (ODen SDace District 14) Open Space District 14's budget is $293,600 for Fiscal Year 1992-93. Of this amount the parkways and medians along East H Street and Corral Canyon Road constitute approximately $27,700 of that budget. Lillian Ritchie indicated that she does not use either of the entrances along East H Street or Corral Canyon and does not want to be charged for thi s maintenance. In response, staff recommends the following: 1. That all property owners wi thi n Open Space Di stri ct No. 14 (Bonita Long Canyon Subdivision) be charged for the costs associated with the perimeter parkways and medians as has been done historically. 2. That charging the entire subdivision for perimeter parkways and medians is consistent with other districts with similar circumstances (OSD'S 1-4, 6, 7, 8, 9, 11, 14, 18, 20 and EastLake Maintenance District). 3. 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' i ' .. ....., ,. oJ' I l:>> , "'l\~.. ~ 0.. ~ ' ~' ~ 'llrt I , ~ . "- l' ~ '. ';\ ~ - ~ ~ ,.. ~ /(,--7 tj ~ Z<;t !D <1:_ > Z ~OU ~ <1:Z ~ ~~ UI- >- ctU I- (f)g: U Z~ W W iE a.. o = I. ~" ~~ ,II 4 ~ MO .= 43 g~ !. Iii ..... I "::1- ..... r.. ... I I , e.i -::.. i~~ 101 ~I: I .. . 'pM ~_.S .. Oa ~H; l!f!;! 'rg -. ~. 'r......._=~_.'".....,,~ ._._ i I ~ I 1 . . I . . .. - . I- .. - .. "2 I 0 .. :J q . I . '-, -- - _a~ ... .,- . ... w ! . \ . ; i .. \ w I i I 'jl ! !I . ~ ! Ii Nl f. i I.J , Co. 'i I @ ! , 11: N ~ if .. r. ~ III ~ HI "" '1..~,,1 , .. ......' 1. .....Q~ . ~,:,::.;" h!'f'/!'ii Ii! mHI::11 ',li!:1, 1iJ!'l " Illl,111"ll.. '!'I !I'I,/l III III,tl! lllll! . I 'II "Ill I. '/.i'" 'II'::' ',1' , III,II!I.,I! i'l' 1'!I!illll "Illl: 11:!I: !!HII:!!il! li ! m:1111!1 ~li:!f ~jlU liill.llllll Jll! Il,!I,III. 11,111. 11,11: 1 D i t ii ~ ~ .... ;,... bj . . ~\...C BONITA LONG UNIT ~1 ^ I.l;(lt~~ ~c~ vJ~ va I'^b....~ o o f olJd.. ve ~ 1- k~~~ m " 4" . . . . "- ~" . ... ... -- , 'V.,. . , :.... y . ..- ~ .- ... . . y W . ..- 'II> - ... . . .'~ , Cb UJ-rv.l (ine.. '2.4+) . .' , . I. .... --' :::;:a I~~,' - . ;1 , I J COUNCIL AGENDA STATEMENT Item I to Meeting Date 6-23-92 ITEM TITLE: a) Resolution Approving the Engineer's reports for the FY 1992-93 spread of assessments for City Open Space Maintenance Districts 1-10. 14. 15. 17. 18. 20. EastLake Maintenance District No.1. Bay Boulevard and Town Centre. declaring the intention to levy and collect assessments and setting July 21. 1992 at 6:00 p.m. as the date and time for the public hearing. SUBMITTED BY: b) Resolution Approving the Engineer's report for the FY 1992-93 spread of assessments for City Open Space Maintenance District No. 11. declaring the intention to levy and collect assessments and setting July 21. 1992 at 6:00 p.m. as the date and time for t~e/pub.liC hearing. Director of Public Works~ ~ Director of Parks and Recreatio~ City Manager (4/5ths Vote: Yes__No-x-) REVIEWED BY: On April 21. 1992, City Council adopted Resolution Nos. 16588 and 16589 directing the City Engineer to prepare and file reports of assessments for all existing City Open Space Maintenance Districts. These reports have been prepared and the above resolution approves them and sets the date for public hearings to consider the spreading of assessments. RECOMMENDATION: That Council adopt the resolutions and direct the City Clerk to publish the Resolutions of Intention pursuant to Government Code 6061. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Pursuant to Article 4. Chapter 1. Part 2 of Division 15 of the California Streets and Highways Code. also known as "Landscaping and Lighting Act of 1972." the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City. These reports were prepared by the City Engineer or under his direction and are presented to Counc il for approval in order to proceed wi th the Pub 1 i c Hearings set for July 21, in accordance with the Landscaping and Lighting Act of 1972. The reports cover the following districts: 1. Open Space District Nos. I through 11. 14. 15. 17. and 18 2. Rancho del Rey Open Space District No. 20 3. EastLake Maintenance District No. 1 4. Bay Boulevard and Town Centre I Landscaping Districts - J~"'/{) / Page 2, Item I (p Meeting Date 6-23-92 - / The Parks and Recreation Department conducted an informal meeting for all property owners within each district in April and the Public Works Department conducted informal meetings on June 13, IS, and 20. At the meetings, staff explained the proposed budget and annual assessment. A summary of the June 13, IS, and 20 meetings will be provided in the Council Report associated with the public hearing on July 21, 1992. The proposed assessments for Fiscal Year 1992-93 are as follows: TABLE 1 FY 91-92 FY 92-93 , Increase ~ Assessment/EDU Assessment/EDU or Decrease 1 S 54.88 S 42.56 -20% 2 35.90 28.92 -20% 3 357.66 331.10(2) -7% 4 213.80 183.64(2) -14% 5 260.74 226.58(2) -13% 6 136.44 128.00(2) -6% 7 98.36 72.12(2) -26% 8 456.02 408.00(2) -10% 9 96.72 93.62(2) -3% 10 131.48 83.46(2) -36% 11 86.18 75.18 -12% 14 369.38 323.20(2) -12% 15 229.20 220.54(2) -3% 17 154.58 146.36(3) -5% 18 285.94 282.48 -1% 20 140.58 246.28 +75% Eastlake Maint. Dist. 7.52 6.76 -10% Bay Blvd. llS9. 00 (1) 1031.60 (l ) -13% Town Centre 41.9S(I) 40.94(1) -2% (1) Per benefit unit (2) As proposed, reserve exceeds 50% (3) Reserve is at 10% 1- I \ Open Space Districts 1. 9, 11, 14, IS, 17, IS, Bay Blvd, and Town Centre's assessments are decreasing from last year. This is due to one or both of the fo 11 owi ng: 1. Budgets were decreased. 2. There were unanticipated savings experienced during May and June of 1991 which were difficult to estimate because of the water allocation programs. The actual fund balances were higher than the estimated fund balances used to determine the FY 91/92 assessments. These savi ngs are now refl ected in FY 92/93 assessments. 1(, -1/ Page 3, Item--J ~ Meeting Date 6-23-92 - Part of the savings from the June 1991 period are being held in reserve in addition to the 50% operating budget reserve. This is allowed pursuant to Ordinance 2468 adopted on July 9, 1991, which allows the City, to assess up to 100% of the budget. The reason that a portion of the savings are being used to increase the reserve are as follows: 1) all ow the accumulation of funds for special, periodic maintenance items that happen less frequently than annually; 2) allow more uniform assessments in new districts where both open space to be maintained and new homes come on over several years which would otherwise cause the assessments to vary greatly until the entire district is built out; and 3) to stabilize assessments from year to year due to variations in actual expenditures and revenue received. It is not staff's intention to accumulate larger reserves in this later case, but to minimize additional amounts necessary to smooth out peaks and valleys in the budgeting and assessment process. Open Space District No. 10 assessment for FY 92/93 is substantially lower than FY 91/92 assessment. This is mostly due to assessing the property owners for the new maintenance associated with the Ladera Villas Subdivision and the turnover not occurri ng at the time ant ici pated. These savi ngs are refl ected in the proposed assessment. Open Space District No. 11 includes a proposed annexation of Lynndale Hills located northerly of the Terra Nova subdivision. A condition of development of Lynndale Hills required dedication of open space within their subdivision and annexation into an open space district to provide for maintenance of the area. The developer has requested annexation and waived his right to a public hearing. The area to be annexed consists of 14 single family dwellings and 5 areas of natural, unirrigated vegetation. Of this, 1.04 acres will be disturbed by grading and will require temporary irrigation for re-vegetation. The proposed FY 92/93 assessment for District 11 does not reflect the suppl emental costs associated with the annexat i on of Lynnda 1 e Hi 11 s. Staff does not anticipate turnover of the improvements until FY 93/94. All property owners of Open Space District No. 11 were notified of the proposed annexation of land and improvements and will also be notified of the public hearing. As a result of annexation of Lynndale Hills into the District, staff anticipates an increase in cost to the district of approximately $15 per single family dwelling in the first few years. After that, mai ntenance costs wi 11 decrease as the vegetation becomes establ ished. Staff anticipates that the long-term increase due to this annexation to be $5 per single family dwelling. It was required that the developer request annexation into Open Space District 11 as outlined in the conditions of approval for the tentative map. The other alternative would be to form a separate district but this would increase overall costs due to administration of separate contracts, budgets, etc. These costs would then be shared by only 14 single family homes at an estimated cost of $350 per year per home. I~ '1.2. Page 4, Item~ Meeting Date 6-23-92 - r EastLake Maintenance District No. l's annual assessment is proposed to be $6.68 per single family dwelling. Supplemental maintenance improvement costs associated with the turnover of the Otay lakes Road median are partially offset by the addition of the Greens units. Additional units will be added from the Greens next year as final maps are recorded. The maintenance of this median extends from approximately Eastlake Parkway to Rutgers Road. Open Space District No. 20, Rancho del Rey is the only district with a proposed increase in assessments. The increase is due to the following: 1. The 91/92 assessments were low due to savings which occurred during FY 1990-91. These savings were used to lower the FY 1991/92 assessments. The savings were due to turnover of open space occurring later in the fiscal year than anticipated and from actual contract costs being lower than originally estimated. 2. Additional costs are being spread to the district because of turnover of approximately 52 acres of open space in SPA I, Phase 5. The assessments for this district have been as follows: FY 90/91 FY 91/92 FY 92/93 The public hearing will requires that notice be hearing. FISCAL IMPACT: The City recovers their costs from the Open Space District Assessments. $296.42 $140.58 $246.28 be noticed pursuant to Government Code 6061 which publ ished at least once 10 days before the publ ic DDS:05001 WPC 6020E /""/;1 !2uwcJ j} /(;/;-1 ATTACHMENT "A" SUMMARY OF INFORMAL MEETINGS 1. One property owner from Open Space District 5 objected to the budget and the assessment because he bel ieves the negatives, i.e., cost, outweighs the positives. He also objects that his home overlooks a canyon which is maintained in a native state and is maintained by a different Open Space District. He would have like it planted an~ irrigated. 2. One property owner from Open Space District 11 objected to the proposed annexation of the Lynndale Hills Subdivision because he saw no benefit to his property. 3. One property owner requested that staff investigate the possibil ity of detaching certain areas within Bonita Long Canyon from Open Space District 14. Specifically, one owner was concerned that the highly manicured perimeter parkways and medians have high maintenance costs and should not be spread to her phase of the Bonita Long Canyon Subdivision. A recommendation is presented below. 4. One property owner from Eastlake Maintenance District No. 1 (Ed D'Lugo) raised several questions regarding the laws pertaining to the 1972 Landscaping and Lighting Act. Staff is arranging for him to meet with the Assistant City Attorney and the Director of Finance to discuss the issues. Bonita LonQ Canvon (Open Space District 141 Open Space District 14's budget is $293,600 for Fiscal Year 1992-93. Of this amount the parkways and med i ans along East H Street and Corral Canyon Road constitute approximately $27,700 of that budget. The owner indicated that she does not use either of the entrances along East H Street or Corral Canyon and does not want to be charged for this maintenance. In response, staff recommends the following: 1. That all property owners within Open Space District No. 14 (Bonita Long Canyon Subdivision) be charged for the costs associated with the perimeter parkways and medians as has been done historically. 2. That charging the entire subdivision for perimeter parkways and medians is consistent with other districts with similar circumstances (OSD'S 1-4, 6, 7, 8, 9, 11, 14, 18, 20 and EastLake M.aintenance District). 3. That any change in the di stri ct be deferred unt il such time that staff presents to Council a Report on a "Scenic Corridor" District. WPC 6073E ~ / h ~// RESOLUTION NO. lIP 7,),0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1992-93 FOR OPEN SPACE DISTRICT NO 11 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code section 22500, et seq., or pursuant to the Act itself designated as follows: 1. 2 . 3 . 4. ("Open Space Open Space District Nos. 1-11, 14, 15, 17 and 18 Rancho del Rey Open Space District No. 20 EastLake Maintenance District No. 1 Bay Boulevard and Town Centre I Landscaping Districts and Maintenance Districts"); and, WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and WHEREAS, on June 23, 1992, the City Council approved the Engineer's Report and set July 21, 1992, as the date for the public hearing; and WHEREAS, the proposed individual assessments for Fiscal Year 1992-93 as they compare to last year are shown below: FY 91-92 FY 92-93 % Increase OSD Assessment/EDU Assessment/EDU or Decrease 1 $ 54.88 42.56 -20% 2 35.90 28.92 -20% 3 357.66 331.10(2) -7% 4 213.80 183.64(2) -14% 5 260.74 226.58(2) -13% 6 136.44 128.00(2) -6% 7 98.36 72.12(2) -26% 8 456.02 408.00(2) -10% 9 96.72 93.62(2) -3% 10 131.48 83.46(2) -36% OSDNo11. wp July 16, 1992 Reso Levy Assessments, 1992-93, on OSD No 11 1 Page 1 I~/I ' J 11 14 15 17 18 86.18 369.38 229.20 154.58 285.94 75.18 323.20(2) 220.54(2) 146.36(3) 282.48 -12% -12% -3% -5% -1% 20 Eastlake Maint.Dist. Bay Blvd. Town Centre 140.58 7.52 1189.00(1) 41.98(1) 246.28 6.76 1031.60(1) 40.94(1) +75% -10% -13% -2% (1) Per benefit unit (2) As proposed, reserve exceeds 50% (3) Reserve is at 10% WHEREAS, all property owners in Open space District Nos. 1-11, 14, 15, 17 and 18 were notified of the informal staff meetings held on June 13, 15 and 20, as well as noticing District 11 of the proposed annexation of Lynndale Hills subdivision and future additional costs due to the annexation; Bay Boulevard and Town Centre Landscaping and Lighting Districts were not noticed of the proposed assessments because each assessment varies per parcel; EastLake Maintenance District No. 1 and Rancho Del Rey Open Space District No. 20 were notified of the informal staff meeting. NOW, THEREFORE, BE IT RESOLVED, as to open Space Districts No. 11, that the City Council of the City of Chula vista does hereby confirm the diagram and assessment contained in the Engineer I s Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessments as proposed in the Engineer I s Report for the 1992-1993 fiscal year and set forth hereinabove for Open Space District No. 11. John P. Lippitt, Director of Public Works Presented by ~ Bruce M. Boog city Attorney OSDNo11.wp July 16, 1992 Reso Levy Assessments, 1992-93, on OSD No 11 2 Page 2 1~/1-~ I' 7<<1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ANNEXATION OF THE LYNNDALE HILLS SUBDIVISION TO OPEN SPACE DISTRICT NO. 11. WHEREAS, the Lynndale Hills Subdivision ("Subdivision") consists of 14 single family dwellings and 5 acres of nautral, unirrigtated vegetation the boundaries of which are set forth on Exhibit A; and, WHEREAS, said Subdivision is adjacent to the territory incorporated into the City of Chula vista Open space District No. 11, hereto formed as an Open Space District under the authority of the Chula vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code section 22500, et seq., or pursuant to the Act itself; and, WHEREAS, as condition of the development of Subdivision, the developer was required to dedicate land as space and annex the territory of said Subdivision into an space district in order to provide for the maintenance of said space; and, said open open open WHEREAS, the developer has requested that the City annex the Subdivision into the territory of Open Space District No. 11; and, WHEREAS, all property owners of Open Space District No. 11 were notified of the proposed annexation of land and improvements and the public hearing approving same; NOW, THEREFORE, the city Council of the city of Chula vista does hereby approve the annexation of the territory of the Lynndale Hills Subdivision to Chula vista Open Space District No. 11 for the purpose of maintaining and financing the open ace. Presented by " John P. Lippitt, Director of Public Works OSD-LHS.wp July 16, 1992 Approval of Annexation of Lynndale Hills to No. 11 1 Page 1 /t,/J -/ :/, File No. PUBLIC HEARING CHECK LIST CIlY COUNCIL PUBLIC HEARING DATE i(ci,!C1;'} SUBJECT <Sp^jL-~~ G.J:,o<-~4 0,,,,,,, .'r'-'- \) # \ I dL..L~1 l$v:t-<.., O......O~>:-~'::c,~ LOCATION ..j". ~~,,'o'j'" ,-,-12.JL ~Q. I SENT TO STAR NEWS FOR PUBLICATION u BY FAX V"'; BY HAND ; BY MAIL PUBLICATION DATE ~g !q 2- - - .~ NO. MAILED MAILED NOTICES TO PROPERlY OWNERS PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suire F. San Diego, 92122 1/,)/Q2- , . LOGGED IN AGENDA BOOK COPIES TO: Administration (4) v Planning v' Originating Department Engineering L Others City Clerk's Office (2) ,/ POST ON BULLETIN BOARDS 'J I~ ICL\ SPECIAL INSTRUCTIONS: .58. \0 ~~ /:? ,"-v 02\-, '23 c..vol.A" 2,2 RESOLUTION NO. 16674 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1992-93 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT II, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JULY 21, 1992 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING WHEREAS, pursuant to Article 4, Chapter I, Part 2 of Division 15 of the Ca 1 iforni a Streets and Hi ghways Code, also known as "Landscapi ng and Li ghti ng Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and, WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearing set for July 21, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 11; and, WHEREAS, Open Space Di stri ct No. 11 i ncl udes a proposed annexati on of Lynndale Hills located northerly of the Terra Nova Subdivision, which consists of 14 single family dwellings and 5 acres of natural, unirrigated vegetation; and, WHEREAS, all property owners of Open Space District No. 11 were notified of the proposed annexation of land and improvements; and, WHEREAS, the Public Works Department conducted informal meetings on June 13, 15 and 20 at which time staff explained the proposed assessment; and, WHEREAS, the proposed assessment for Fiscal Year 1992-93 is as follows: OSD 11 FY 91-92 Assessment/EDU FY 92-93 Assessment/EDU %Increase /Decrease 86.18 75.18 -12% NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report for the FY 1992-93 spread of assessments for City Open Space Maintenance Districts 11, known as document number C092-086, a copy of which is on file in the office of the City Clerk, declare its intention to levy and collect assessments. BE IT FURTHER RESOLVED that the City Council does hereby set July 21, 1992, at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearings on said assessment. \L / \W Resolution No. 16674 Page 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6061. Presented by Approved as to form by Bruce M. Boogaard City Attorney John P. Li ppitt Director of Public Works \(y'~ ( Resolution No. 16674 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of June, 1992, by the following vote: YES: NOES: ABS ENT : ABSTAIN: Councilmembers: Grasser Horton, Moore, Rindone Councilmembers: None Councilmembers: Malcolm, Nader Councilmembers: None Jerry R. Rindone Mayor, Pro-Tempore ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16674 was duly passed, approved, and adopted by the City Council held on the 23rd day of June, 1992. Executed this 23rd day of June, 1992. Beverly A. Authelet, City Clerk 1--/0 ~ lJ /{ d ITEM TITLE: a) SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item ) 'l Meeting Date 7/21/92 Public Hearing: City Open Space Maintenance Districts 1-10, 14 15, 17, 18, 20; Eastlake Maintenance District No.1; Bay Boulevard and Town Centre for Fiscal Year 1992-93 Resolution I~ 7o?~ Ordering Certain open space and maintenance facilities to be maintained and levying assessment for Fiscal Year 1992-93 for Open Space District Nos. 1-10, 14, 15, 17, 18, 20; Eastlake Maintenance District No.1; Town Centre I Landscaping District, and Bay Boulevard Landscaping District Director of Public Works tV; ~ Director of Parks and Recreation 'r' '~'ll ' City ManagerJ (\ \'() '~~. (4/5ths Vote: Yes _ No Xl Based upon the advice of the City Attorney, public hearings 16 & 17 have been separated due to conflict of interest concerns. Council should note that agenda statement #16 also applies to this public hearing. RECOMMENDATION: That Council conduct the public hearing and approve the resolution. SB/A- 1 13S/OSDIST /7' I /11"'2.. RESOLUTION NO. J~ 702~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1992-93 FOR OPEN SPACE DISTRICT NOS. 1-10, 14, 15, 17, 18, 20; EASTLAKE MAINTENANCE DISTRICT NO.1; TOWN CENTRE I LANDSCAPING DISTRICT, AND BAY BOULEVARD LANDSCAPING DISTRICT WHEREAS, prior to the adoption of this resolution, the city Council has caused the formation of various districts under and pursuant to either the Chula vista Open space District Procedural Ordinance ("Procedural Ordinance"), as contained in chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code section 22500, et seq., or pursuant to the Act itself designated as follows: ("Open 1. 2. 3. 4. Space Open space District Nos. 1-11, 14, 15, 17 and 18 Rancho del Rey Open Space District No. 20 EastLake Maintenance District No. 1 Bay Boulevard and Town Centre I Landscaping Districts and Maintenance Districts"); and, WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said open Space and Maintenance Districts ("Engineer's Report"); and WHEREAS, on June 23, 1992, the City Council approved the Engineer'S Report and set July 21, 1992, as the date for the public hearing; and WHEREAS, the proposed individual assessments for Fiscal Year 1992-93 as they compare to last year are shown below: OSD 1 2 3 4 5 6 7 8 opdall.wp July 16, 1992 FY 91-92 FY 92-93 % Increase Assessment/EDU Assessment/EDU or Decrease $ 54.88 42.56 -20% 35.90 28.92 -20% 357.66 331.10(2) -7% 213.80 183.64(2) -14% 260.74 226.58(2) -13% 136.44 128.00(2) -6% 98.36 72 . 12 (2) -26% 456.02 408.00(2) -10% Reso Levy Assessments, 1992-93, on OSD, not 11 1 Page 1 17-3 9 96.72 93.62(2) -3% 10 131. 48 83.46(2) -36% 11 86.18 75.18 -12% 14 369.38 323.20(2) -12% 15 229.20 220.54(2) -3% 17 154.58 146.36 (3) -5% 18 285.94 282.48 -1% 20 140.58 246.28 +75% Eastlake Maint.Dist. 7.52 6.76 -10% Bay Blvd. 1189.00(1) 1031.60(1) -13% Town Centre 41.98 (1) 40.94(1) -2% (1) Per benefit unit (2) As proposed, reserve exceeds 50% (3) Reserve is at 10% WHEREAS, all property owners in Open Space District Nos. 1-11, 14, 15, 17 and 18 were notified of the informal staff meetings held on June 13, 15 and 20, as well as noticing District 11 of the proposed annexation of Lynndale Hills subdivision and future additional costs due to the annexation; Bay Boulevard and Town Centre Landscaping and Lighting Districts were not noticed of the proposed assessments because each assessment varies per parcel; EastLake Maintenance District No. 1 and Rancho Del Rey Open Space District No. 20 were notified of the informal staff meeting. NOW, THEREFORE, BE IT RESOLVED, as to all Open Space and Maintenance Districts herein referenced, except for Open Space District No. 11, that the City Council of the City of Chu1a vista does hereby confirm the diagram and assessment contained in the Engineer I s Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessments as proposed in the Engineer I s Report for the 1992-1993 fiscal year and set forth hereinabove for all Open Space and Maintenance District except Open Space District No. 11. edar Presented by John P. Lippitt, Director of Public Works Bruce M. Boogaa City Attorney opdall.wp July 16, 1992 Reso Levy Assessments, 1992-93, on OSD, not 11 2 Page 2 J 7- 'I File No, PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING DATE ., /) \ (~,J.- SUBJECT nr-" ~~M.-'Lb", I-I~ \'i. \<; II . 1'1, . J..;, J.~..,..... ~~ i oL..J""....l.o--v--' v,~~ ..1, LOCATION \ z,;:;tQ...h ,,-!,~J b# I &~O t'J.-( .,. Q;>>-V-<1 cL.- (~JQ:. LJ '......y:::.-"-o4A ~ SENT TO STAR NEWS FOR PUBLICATION n BY FAX ~ BY HAND ; BY MAIL "/ I~J'12-- - - I I PUBLICATION DATE MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK ., I J. f 92- COPIES TO: Administration (4) /' / Planning v~ Originating Department Engineering v' Others City Clerk's Office (2) v POST ON BULLETIN BOARDS I / '1, (Cid- SPECIAL INSTRUCTIONS: -58- / \\/S RESOLUTION NO. 16673 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY 1992- 93 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-10, 14, 15, 17, 18, 20, EASTLAKE MAINTENANCE DISTRICT NO. I, BAY BOULEVARD AND TOWN CENTRE, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JULY 21, 1992 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING WHEREAS, pursuant to Article 4, Chapter I, Part 2 of Division 15 of the Cal ifornia Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and, WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearing set for July 21, 1992, in accordance with the Landscaping and Lighting Act of 1972. The reports cover the following districts: 1. Open Space District Nos. 1 through 10, 14, 15, 17 and 18 2. Rancho del Rey Open Space District No. 20 3. EastLake Maintenance District No. 1 4. Bay Boulevard and Town Centre I Landscaping Districts WHEREAS, the Parks and Recreation Department conducted an informal meeting for all property owners within each district in April at which time staff explained the proposed budget; and, WHEREAS, the Public Works Department conducted informal meetings on June 13, 15 and 20 at which time staff explained the proposed assessments; and, WHEREAS, the proposed assessments for Fiscal Year 1992-93 are as follows: FY 91-92 FY 92-93 %Increase OSD Assessment/EDU Assessment/EDU /Decrease 1 $ 54.88 $ 42.56 -20% 2 35.90 28.92 -20% 3 357.66 331.10 (2) -7% 4 213.80 183.64 (2) -14% 5 260.74 226.58 (2) -13% 6 136.44 128.00 (2) -6% 7 98.36 72.12 -26% 8 456.02 408.00 (2) -10% 9 96.72 93.62 (2) -3% 10 131.48 83.46 -36% 14 369.38 323.20 (2) -12% 15 229.20 220.54 (2) -3% \ '\ ~~ Resolution No. 16673 Page 2 17 18 20 EastLake Maint. Dist. Bay Blvd. Town Centre 154.58 285.94 140.58 (2) 7.52 1189.00 (1) 41.98 (1) 146.36 (3) 282.48 246.28 6.76 1,031.60 (1) 40.94 -5% -1% +75% -10% -13% -2% (1) Per benefit unit (2) As proposed, reserve exceeds 50% (3) Reserve is at 10% WHEREAS, included in the assessments for Rancho del Rey Open Space District No. 20, are annualized costs which amount to $80,267, and $160,534 from previous years which are amortized over 30 or less years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's reports for the FY 1992-93 spread of assessments for City Open Space Maintenance Districts 1-10, 14, 15, 17, 18, 20, EastLake Maintenance District No. I, Bay Boulevard and Town Centre, known as document number C092-085, a copy of which is on file in the office of the City Clerk, declare its intention to levy and collect assessments. BE IT FURTHER RESOLVED that the City Council does hereby set July 21, 1992, at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessments pursuant to Government Code Section 6061. Presented by Approved as to form by Bruce M. Boogaard City Attorney John P. Li ppi tt Director of Public Works s~ Resolution No. 16673 Page 3 PASSED, APPROVED and ADOPTED by the City Counci 1 of the City of Chula Vista, California, this 23rd day of June, 1992, by the following vote: YES: NOES: ABSENT: Councilmembers: Grasser Horton, Moore, Rindone Councilmembers: None Councilmembers: Malcolm, Nader ABSTAIN: Councilmembers: None Jerry R. Rindone Mayor, Pro-Tempore ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16673 was duly passed, approved, and adopted by the City Council held on the 23rd day of June, 1992. Executed this 23rd day of June, 1992. Beverly A. Authelet, City Clerk l{ \~/ COUNCIL AGENDA STATEMENT Item jg' Meeting Date 7-21-92 ITEM TITLE: Public Hearing to Form Chula Vista Open Space Maintenance District No. 24, Canyon Views Resolution formation confirming 1992-93 /~ 7,).,3 Ordering the improvements and of Open Space Maintenance Di strict No. the diagram and Levying Assessments for Fiscal the 24, Year SUBMITTED BY: Resolution /, '1.:1.1 Adopting the budget for Open District No. 24 Director of Public Works~ f7 Di rector of Parks and Recreat i onW City ManagerJ&- ~:~} (4/5ths Vote: Yes..lLNo_) Space REVIEWED BY: On June 30, 1992, the City Council approved the Engineer's Report on the proposed Open Space Di stri ct No. 24, Canyon Vi ews, and set July 21, 1992 as the date for a pub 1 i c heari ng on the proposed format i on. The boundari es of the proposed district are as shown on Attachment "A". RECOMMENDATION: That the City Council: 1. Hold the public hearing; and 2. Adopt the resolution ordering the improvements, forming Open Space District No. 24, confirming the diagram and levying assessment for FY 1992-93. 3. Adopt the resolution approving the budget for Open Space District No. 24 in the amount of $27,210 for FY 1992-93 ($680.14 per unit for the fiscal year). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed assessment for Fiscal Year 1992-93 is $680.26 per unit. Although it is anticipated that the district will not be accepted for maintenance by the City unt i 1 January 1993, the Counc i 1 has approved the assessment of the full fiscal year in order to build up a 50 percent reserve within the first year and to avoid a large increase in assessment in the next fiscal year. The hearing has been noticed by the City Clerk in accordance with Section 22556 and 22588 of the Streets and Hi ghways Code. Letters were sent to all property owners informing them about the proposed assessment and the publ ic hearing. After conducting the public hearing, the final step in the proceedings for the formation of the di strict requires that Council adopt a 11"'/ Page 2, Item )~ Meeting Date 7/21/92 resolution which (I) orders the improvements, (2) forms the open space maintenance district, (3) confirms the district diagram and (4) levy the assessment either as originally approved in the Engineer's Report or as modified by Council subsequent to the public hearing. Ootions There are four options that could be considered for this District. 1) Create the Open Space District as proposed with the first year assessment of $680 per unit. 2) Include this District in a "Scenic Corridor" District. At the Council meeting of July 23, 1991, Council also directed staff to investigate the feasibility of creating an Open Space District for slopes and medians along scenic corridors. Staff has done some preliminary research on this "Scenic Corridor" District for the eastern area and has identified the following which need to be considered/answered: a) How are irrigation and electrical systems set up? Are these systems isolated from local open space systems? How much will it cost to retrofit these systems to allow inclusion to an overall district? b) How should the City handle areas in which an homeowners association maintains the "Scenic" slopes, such as in EastLake? c) How should the City handle the different levels of landscaping from one area to another? One area might requi re more i rri gat ion than another due to the type of plantings. d) Should the district include only slopes along the Scenic Corridor or all slopes visible from the roadway, and how far from the road right-of-way should the Scenic Corridor" District maintain? (i .e. 100', 200', etc) e) Should areas not included in any present Open Space district be included and, if the answer is yes, what impact will that have on the cost. The complexity of the issues, the lack of staff to process the workload duri ng the 1 ast fi sca 1 year, the potentials i ze of such a di stri ct, and ramifications due to shifting cost burdens to thousands of properties in the eastern area have contributed to staff not having a proposal for Council's review at this time for a "Scenic Corridor" District. As a result, staff recommends that Open Space District No. 24 be processed at this time and if a "Scenic Corridor" District is formed in the future, that the slopes be included in that district. Staff anticipates submitting a prel iminary report to the Council by the end of the fiscal year with the follow-up work and implementation in the next fiscal year. J y,. ~ Page 3, Item 18" Meeting Date 7/21/92 3) Do not include the area in a district and have the homeowners maintain the slopes. The developer did not conduct a survey of all the property owners to keep the area within the responsibil ity of the homeowners association. Since he felt the costs were relatively similar, he'd rather set up the district. 4) Annex to the Bonita Long Canyon Open Space District. This option would require a hearing with property owners of the annexed area and the Bonita Long Canyon District. Staff estimates that this action would lower the assessments for Canyon Vi ew owners from $6BO. 25/year to $338. 92/year. Bonita Long Canyon property assessments woul d increase from a proposed $323.20/year to $338. 92/year. However, the current year assessment for Bonita Long Canyon is $369.38IYear and would be lowered by $30.46/lot. If this option were selected, staff would recommend that the developer contribute to the District, by maintaining the slopes for a period of time sufficient to keep the costs for Canyon Views equivalent to the costs for Bonita Long Canyon or $323.20/unit. That would probably require the developer to maintain the slopes for six months. Even though this option would have a minimal impact on Bonita Long Canyon property owners, it st ill mi ght generate oppos it i on from the Boni ta Long Canyon property owners. A plat is available for Council viewing. FISCAL IMPACT: None. Cost of district formation are paid for by the developer through a deposit. Annual staff and administration costs are included in the assessment. The budget for the district is in fund 574, activity 5740. The budget is composed of the following items: TOTAL $ 7,160 280 160 4,110 14,270 400 800 $27,210 5251 Utilities 5253 Trash Collection & Disposal 5262 Service to Maintain Bldgs., Strcts & Grnds 5291 City Staff Services 5298 Other Contractual Services 5351 Landscape Supplies 5362 Materials to Maintain Bldgs., Strcts. & Grnds LdeT:kpj WPC 6067E Attachments: Exhibit "A" - Open Space District No. 24 Boundaries Ndr .s(ANN~/) IY'J iiI II I { :11 , I 'Ita III I I !.-l' I . I I '\ ',: . . . . ql - - " ~ ~ ~. ~ n z I: "' z ~ ~ I . I 18"''/ .;:J RESOLUTION NO._/~ '1 ~3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO. 24, CANYON VIEWS, AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR SAID DISTRICT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the developers of Canyon View Homes Subdivision (Map 12507) has petitioned for the formation of an open space district in accordance with the criteria contained in the Chapter 17.07 of the Municipal Code of the City of Chula Vista, incorporating in substantial part the Lighting and Landscaping Act of 1972 (commencing at Section 22500 of the Streets and Highways Code); and WHEREAS, pursuant to the provisions of Streets and Highways Code Section 22585, the City Council adopted a resolution proposing to form the assessment district as to all property with the boundaries shown on Exhibit A, on , 1992, which resolution described the improvements required to be financed by the district and ordered the preparation of an Engineer's Report; and WHEREAS, on June 30, 1992, by Resolution No. , the city Council approved the Engineer's Report on the proposed Open Space District No. 24, Canyon Views, and declared its intention to order the formation of the assessment district at a pUblic hearing to be conducted on July 21, 1992, in accordance with the provisions of Section 22587 of said Act; and WHEREAS, the city Clerk has given notice of said public hearing by causing the resolution of intention to be published, posted and mailed as provided in Section 22556; and WHEREAS, on July 21, 1992, the City Council conducted a public hearing and afforded all interested persons the opportunity to hear and be heard, and considered all oral statements and written protests or communications made thereat or filed by any interested person and received any and all protests regarding the formation of the district and the levy of the proposed assessment. NOW, THEREFORE, BE IT RESOLVED that the city Council does hereby order, determine and resolve as follows: Section 1. The city Council does hereby determine that a majority protest does not exist or that if a majority protest OSD24A.wp July 16, 1992 Reso Forming Open Space District No. 24 1 Page 1 /?/'/I' / exists, that such protest is overruled by a four-fifths vote of all members of this body as provided for in section 22593 of said Act. Section 2. The City Council does hereby order the improvements to be made and orders the formation of Open Space Maintenance District No. 24, confirms the diagram of the District as prepared by the engineer and as contained in the Engineer's Report, and does confirm the assessment for said district in the amount of $680.26 per unit for the full 1992-93 fiscal year, all as more fully set forth in said Engineer's Report prepared in accordance with section 22565, et seq. of the Streets and Highways Code. Presented by !1:-1" t John P. Lippitt, Director of Public Works Bruce Boogaard City Attorney OSD24A.wp July 16, 1992 Reso Forming Open Space District No. 24 2 Page 2 Jg';Cf-r:;). RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE BUDGET FOR OPEN SPACE DISTRICT NUMBER 24 The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the developers of Canyon View Homes Subdivision (Map 12507) has petitioned for the formation of an open space district in accordance with the criteria contained in the Chapter 17.07 of the Municipal Code of the city of Chula vista, incorporating in substantial part the Lighting and Landscaping Act of 1972 (commencing at section 22500 of the Streets and Highways Code); and WHEREAS, pursuant to the provisions of Streets and Highways Code section 22585, the city Council adopted a resolution proposing to form the assessment district as to all property with the boundaries shown on Exhibit A, on , 1992, which resolution described the improvements required to be financed by the district and ordered the preparation of an Engineer's Report; and WHEREAS, on June 30, 1992, by Resolution No. , the city Council approved the Engineer's Report on the proposed open Space District No. 24, Canyon Views, and declared its intention to order the formation of the assessment district at a public hearing to be conducted on July 21, 1992, in accordance with the provisions of section 22587 of said Act; and WHEREAS, the city Clerk has given notice of said pUblic hearing by causing the resolution of intention to be published, posted and mailed as provided in section 22556; and WHEREAS, on July 21, 1992, the City Council conducted a public hearing and afforded all interested persons the opportunity to hear and be heard, and considered all oral statements and written protests or communications made thereat or filed by any interested person and received any and all protests regarding the formation of the district and the levy of the proposed assessment; and WHEREAS, at said public hearing, the City Council overruled any protests and ordered the improvements to be made and the formation of Open Space Maintenance District No. 24, confirmed the diagram of the District and the assessment for said district in 1 l~&-I the amount of $680.26 per unit for the full 1992-93 fiscal year; and, NOW, THEREFORE, BE IT RESOLVED that the city Council does hereby order, determine and resolve as follows: section 1. The City council does hereby appropriate from the proceeds of said assessment the amount of $27,210 to Fund 574, Activity 5740 and therein, to the following accounts: 5251 5253 5262 5291 5298 5351 5362 utilities Trash Collection & Disposal Service to Maintain Bldgs, Strcts & Grnds City Staff Services Other Contractual Services Landscape Supplies Mat'ls to Maintain Bldgs, Strcts & Grnds $ 7,160 280 160 4,110 14,270 400 800 TOTAL $27,210 John P. Lippitt, Director of Public Works ed ar rm by Presented by Bruce Boogaard City Attorney OSD24B.wp July 16, 1992 Reso Appropriating Proceeds of Levy for OSD No. 24 2 Page 2 l~ 6 ~z.. - . . .- . . .t. \. / 8'JJ - j . I I . II i. mI' II, I I '. J ~ , '~,i , 1HIS PAGE BLANK . . /8'8-i ~, File No. PUBLIC HEARlNG CHECK LIST l/d dCl.J- . SUBJECT "O~~k.-- .k, ~~ ~ ~<-<-J<.... CITY COUNCIL PUBLIC HEARlNG DATE O~-tvJ-#t1\f1 ~'^- V~ \~ LOCATION SENT TO STAR NEWS FOR PUBLICATION n BY FAX ~BY HAND 11~(C12- - - ; BY MAIL PUBLICATION DATE MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 I/dl'i:'- LOGGED IN AGENDA BOOK COPIES TO: Administration (4) ,/ Planning 0/ Originating Department Engineering i/ Others City Clerk's Office (2) 0/ I A !~d-- POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: -58- (vb-I RESOLUTION NO. 16697 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 24 AND SETTING THE TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the developer of Canyon View Homes (Map 12507) has petitioned the City for the formation of an open space maintenance district in accordance with criteria contained in the Municipal Code; and, WHEREAS, pursuant to the provisions of Streets and Highways Code Section 22587, a publ ic hearing is required to establ ish the proposed open space district; and, WHEREAS, an engineer's report was submitted by the City Engineer and the Director of Parks and Recreation for the cost of maintaining the open space district; and that said estimated annual assessment to be charged for each parcel is $680.26; and, WHEREAS, this report was prepared by the City Engineer or under his direction and was presented to Council for approval in order to proceed with the Public Hearing set for July 21 in accordance with the Landscaping and Lighting Act of 1972. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report for the FY 1992-93 spread of assessments for Canyon Views Open Space Maintenance District No. 24. BE IT FURTHER RESOLVED that the City Council does hereby set July 21, 1992 at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearings on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to notice the public hearing in accordance with Sections 22556 and 22588 of the Streets and Highways Code. Presented by Approved as to form by John P. Li ppitt Director of Public Works Bruce M. Boogaard City Attorney ./ [1,/ff> Resolution No. 16697 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 30th day of June, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16697 was duly passed, approved, and adopted by the City Council held on the 30th day of June, 1992. Executed this 30th day of June, 1992. Beverly A. Authelet, City Clerk (V fy0 COUNCIL AGENDA STATEMENT ITEM TITLE: Item J.!t- Meeting Date 07/21/92 ORDINANCE ~~ i Amending Section 2.30.020 of the Chula Vista Municipal Code Relating to Membership on the Economic Development Commission SUBMITTED BY: Community Development Director C.s. REVIEWED BY: City Manager",)c,\)'Y~~\ (4/5ths Vote: Yes No X) BACKGROUND: Ordinance 2380 creating the City's Economic Development Commission was approved by Council on July 17, 1990 (Attachment 1). On October 9, 1990, Council approved Ordinance 2402, amending sections 2.30.020 and 2.30.060 of Ordinance 2380 to expand EDC membership from seven (7) to nine (9) commissioners (Attachment 2). The Economic Development Commission is proposing an amendment to the approved Ordinance to include language outlining specific areas of expertise which should be drawn from in Council's selection of appointees. The purpose is to encourage a well balanced membership representing expertise vital to the EDC's role in developing, recommending and implementing economic development strategies. RECOMMENDATION: That Council introduce the attached Ordinance for first reading. BOARDS/COMMISSIONS RECOMMENDATION: The City's Economic Development Commission approved the proposed ordinance on July 1, 1992 by a vote of 5-2-1 (Minutes, Attachment 3). (Note: Commissioner Read's seat on the EDC expired June 30, 1992, consequently that seat was vacant at the taking of the vote.) DISCUSSION: Under the current ordinance, two EDC members are appointed from nominees from the Chamber of Commerce; one member is appointed from a nominee from the South San Diego Bay Cities Board of Realtors; and six members are Chula Vista residents at large. These nine members have voting privileges. In addition, up to three non-voting members may be appointed. These three commissioners do not need to be local residents. The proposed ordinance makes two changes: 1) it identifies specific areas of expertise which should be represented on the EDC to the extent possible, and 2) it expands non-voting, non- resident membership from three to five. The goals of these modifications are twofold. The first goal is to optimize the EDC's depth of expertise and resourcefulness as relates to advising Council on matters of business and job development. The suggested areas of expertise (see item 4 of the proposed ordinance) reflect areas essential to developing economic development strategies relating to business assistance, both in terms of retention and attraction. The recommended areas of expertise would contribute knowledge and resources relating to such issues as labor pool skills and trends, land cost and )9-/ ATTACHMENT 1 ( ORDINANCE NO. 2380 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY REPEALING CHAPTER 2.30 OF THE MUNICIPAL CODE AND ADDING A NEW CHAPTER 2.30 ESTABLISHING THE ECONOMIC DEVELOPMENT COMMISSION The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 2.30 of the Chula Vista Municipal is hereby repealed. SECTION II: That a new Chapter 2.30 of the Chula Vista Municipal Code is hereby added to read as follows: Chapter 2.30 Sec. 2.30.010 ECONOMIC DEVELOPMENT COMMISSION Purpose and Intent. ( It is the purpose and intent of the City Council, in establishing the Economic Development Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the City Council and City Manager on economic development issues and opportunities that would benefit the community. Sec. 2.30.020 Membership. The Commission shall consist of seven (7) voting members appointed by the City Council from the qualified electors of the City, two of whom shall be appointed from a classification consisting of nominees from the Board of Directors of the Chula Vista Chamber of Commerce and who shall, at the time of their appointment and throughout their term, have membershi pin the Chamber of Commerce; one (1) of whom shan be a nomi nee from the Board of Di rectors of the South San Diego Bay Ci ti es Board of Realtors and who shall, at the time of their appointment and thoughout their term have membership in the South San Diego Bay Cities Board of Realtors; and four (4) of whom shall be residents at large and who shall, throughout their term, maintain their residency and elector status. The City Manager or his/her designated representative shall be an ex-officio member of the Commission, but shall have no vote. ("Staff Ex-officio Member"). The City Council, or its designee, may appoint not greater than three (3) additional ex-officio members of the Commission, but any such appoi nted ex-offi ci 0 members shall have no vote ("General Ex-offi ci 0 11ember" ) . I '- J9-J Ordinance No. 2380 Page 2 Sec. 2.30.030 Initial Goals. ( The initial goals of the Commission shall be as follows: A. To assess the job needs of the residents of Chula Vista, and after doing so, to engage in a variety of activities that will help create, retain and attract jobs and capital investment that will meet the employment needs of the community. B. To help ensure that there are adequate educational programs available to support the instructional needs of the jObs being created. C. To immediately establish a specific plan of action to help implement the objectives of the City Council. D. To help assure prospective industrial and commercial . developers and existing commercial and industrial interests of the cooperation of the City to benefit both business and the community. E. To catalog current and planned industrial and commercial sites, and furthermore,. to identify other potential industrial and commercial areas that woul d complement and not interfere with exi sti ng and planned residential developments. F. To work with the planning department to coordinate land use designations appropriate to current and future market demand. ( G. To work with realtors/developers to market Chula Vista as a viable alternative to other Southern California markets. H. To work with planners and developers to encourage retail and resort land uses (e.g. restaurants, retail promenades and other commercial recreation facilities) with .specific design criteria that will encourage development most beneficial to the City's long term interests. Sec. 2.30.040 Initial Plan of Action. The initial plan of action of the Commission shall be as follows: A. In conjunction with the City staff, to help develop and maintain a system to ensure the prompt and expediti ous revi ew of i ndustri a 1 and commercial development applications. B. To communicate and coordinate with the South County Economic Development Council in achieving the objectives of the Commission. C. To enlist cooperation of all utilities and major financial institutions to provide the facilities to support an industrial and commercial development program. E::' D. To notify and establish lines of communication with national and regional EDC's, industrial and commercial real estate brokers and developers concerning the plans and objectives of the Commission. 19",/ Ordinance No. 2380 Page 3 r E. To help develop informational materials concerning the economic and commercial possibilities of Chula Vista to be transmitted to representatives of interested companies. F. To work with the Community Development Department to redevelop areas of Chula Vista. G. To work with City staff to revise a brochure for national distribution presenting summary information on Chula Vista's industrial, commercial and labor markets. H. To encourage the development of transportation modes to support industrial and commercial development. Sec. 2.30.050 Meetings; Organization. The meetings and organization of the Commission shall be as follows: A. The Chula Vista Economic Development Commission shall hold its meetings at such time and place as it determines by resolution. All meetings shall be subject to the provisions of the Ralph M. Brown Act (Section 54950 et seq., Cal ifornia Government Code). Four of the seven voting members shall constitute a quorum for the transaction of business. ( B. The members of the Chula Vista Economic Development Commission shall adopt reasonable rules for the conduct of its proceedings. C. The members of the Chula Vista Economic Development Commission shall, at the July meeting, elect one of its members to serve as Chairman, and one of its members to serve as Vice Chairman who shall preside in the absence of the Chairman. D. Members of the Chul a Vi sta Economi c Development Cornmi ssi on, the Chairman and any persons voluntarily assisting the Commission in conducti ng its duti es shall sEirve at no salary, but shall be reimbursed for expenses incurred in the performance of their duties while serving the City of Chula Vista in accordance with policies adopted by the City and to the extent that appropriations for such expenses have been provided by the City Council in approving the Commission's budget. E. Subject to the approval of the City Council, the City may accept, in trust for the Commission, of gifts and grants from any source to assist the Commission in the performance of its functions. F. The Commi ssi on may appoi nt, at its di screti on, such subcommittees as it deems appropriate to review specific economic development issues. These subcommittees may be composed of citizens and ex-officio members. The chairman of each such subcommittee must be a member of the Commission. ) .... J'~f Ordinance No. 2380 Page 4 Sec. 2.30.060 Term of Office. ( A. The voting members of the Commission shall serve for a term of four years, except that the initial appointment of one member shall be for a term of one year, two members shall be for a term of two years, two members shall be for a term of three years, and two members shall be for a term of four years. Such initial appointments shall be determined by lot among the initial appoi ntees of the Commi ssi on. All vacanci es shall be fi 11 ed for the unexpired term of the member whose place has become vacant. B. The term of General Ex-officio members shall be for a period of two years from the time of appointment. A General Ex-officio member may be reappointed without limitation. The term of the Staff Ex-officio member shall be indefinite and said Staff Ex-officio member shall serve at the pleasure of the City Manager. C. Notwithstanding the above, the term of office of any voting member shall continue until such time as a new appointment to that position has been made by the City Council. SECTION II I: Thi s ordi nance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by J ( J"~~ ~ (!,)' liregoryu .ULOX r1ayor e 19'(, ATTACHMENT 2 ( ORDINANCE NO. 2402 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.30.020 AND 2.30.060 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO EXPANDING MEMBERSHIP IN THE ECONOMIC DEVELOPMENT COMMISSION FROM SEVEN TO NINE MEMBERS. The City Council of the City of, Chula vista does ordain as follows: Section 1. That Sections 2.30.020 and 2.30.060 of the Chula vista Municipal Code are amended to read as follows: Section 2.30.020 Membership. A. Number of Members. The Commission shall consist of nine (9) Voting Members, a Staff Ex-officio Member and up to three (3) General Ex- officio Members. B. Designation of Members. ( 1. Voting Members. The Voting Members shall be appointed by the City Council from the qualified electors of the City, two (2) of whom shall be appointed from a classification consisting of nominees from the Board of Directors of the Chula Vista Chamber of Commerce and who shall, at the time of their appointment and throughout their term, have membership in the Chamber of Commerce; one (1) of whom shall be a nominee from the Board of Directors of the South San Diego Bay cities Board of Realtors and who shall, at the time of their appointment and throughout their term, have membership in the South San Diego Bay cities Board of Realtors; and six (6) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status. 2. Staff Ex-officio Member. The City .Manager or his/her designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the city, but who shall have no vote ("Staff Ex-officio Member"). 3. General Ex-Officio Members. ~ The City Council, or its designee, may appoint not greater than three (3) additional ex-officio members of the Commission, who shall not be required to be qualified 19-7 Ordinance No. 2402 Page 2 ( elector (s) of the city, but any such appointed ex-officio members shall have no vote ("General EX-Officio Member"). Section 2.30.060 Term of Office. A. Term of Office--AII Classes of Members. 1. Post-Initial Terms. Except as otherwise provided in this Subsection A, the term of office of all members, and all classes of members, of said Commission shall be for a nominal period of four (4) years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. 2. Initial Terms of Voting Members. Notwithstanding subsection A.1., the Initial Terms shall commence upon appointment and shall conclude, for two (2) Voting Members on June 30, 1991; for two (2) Voting Members on June 30, 1992; for two (2) Voting Member members on June 30, 1993; and for three (3) Voting Members on June 30, 1994, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. ( a. Appointment to Initial Terms by Lot. Appointment of the initial Voting Members as to the Initial Terms shall be determined by lot, the fairness of which method shall be approved by the Mayor in advance if agreement as to method can not be reached among the Voting Members. 3. General Ex-officio Member. The term of General Ex-officio members shall be.for a period of four years from the time of appointment. 4. Staff Ex-officio Member. The term of the Staff Ex-officio Member shall be indefinite. 5. Holdover Office. Notwithstanding the end of any Member's Initial Term or Post-initial Term as herein provided, a Member, other than the Staff Ex-officio Member, shall be permitted to continue to b 19- 8" ( Ordinance No. 2402 Page 3 exercise the privileges of his former Office for a period of 6 months after the end of his term until the Office to which he was assigned is filled by his re-appointment or by the appointment of a qualified successor to his Office. 6. Vacancies. , Notwithstanding the term of Office to which a Member is assigned, said Office shall be deemed vacant upon any of the following events ("Event of Vacancy"): , a. The death or disability of said Member that renders said Member incapable of performing the duties of his Office. b. The termination of his status as Member of the Commission or the classification he was assigned to represent on the Commission. c. The member's conviction of a felony or crime involving moral turpitude. ( d. The member's absence from three (3) regular, consecutive meetings of the Commission, unless excused by majority vote of such board or commission expressed in its official minutes. e. The member's has submitted his resignation which resignation has been accepted by the city Council. f. The membership has been terminated by three affirmative votes of the City Council. Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council shall so declare the Office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. B. Number of Terms. 1. Voting Members. a. Two Term Limit. No Voting Member shall be appointed to more than two (2) terms except as herein provided ("Two Term Limit"). , b. Unexpired Term Exception. Notwithstanding the Two Term Limit, a person appointed to the Committee as a Voting Member to fill the unexpired term of an Office of a "- 19'"'{ Ordinance No. 2402 Page 4 ( Voting Member which has become vacant ("Unexpired Term") which has less than two (2) years remaining on said Unexpired Term, may be appointed to two (2) terms in addition to their Unexpired Term. A Voting Member who currently occupies an Office may not be re-appointed to fill the Unexpired Term of another Office which has become vacant. c. Initial Term Exception. Notwithstanding the Two Term Limit, a person appointed to an Initial Term of two (2) or less years may be appointed at the natural expiration of their Initial Term to two (2) terms in addition to their Initial Term. A Voting Member who occupies an Office under an Initial Term may not be appointed to fill the Unexpired Term of another Office which has become vacant. d. Any Voting Member may be re-appointed to serve on the Committee after two (2) successive years of not serving on the Committee in any Office or Membership capacity--Voting or Staff Ex-officio. 2. General Ex-officio Members. A General Ex-officio member may be reappointed without limitation as to number of terms. ( 3. Staff Ex-officio Member. The Staff Ex-officio member shall serve at the pleasure of the City Council. Section 2: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. o form by: b J9-/P UNOFFICIAL MINUTES ATTACHMENT 3 Exerpt from Economic Development Commission Minutes of July I, 1992 a. Discussion of EDC Ordinance Regarding Membership (continued item) - William Tuchscher Member Tuchscher said his intent in presenting this revision to Council was to better guide the types of categories from which future members will be selected. He asked that the Commission approve this request. Member Davis clarified wording on the Board of Directors for South San Diego Bay Cities Board of Realtors. She said not all officers are members of the City of Chula Vista and would like to make note of that. Member Tuchscher responded that this would not circumvent the language. Member Gerber stated that this Commission was formed to include the public and private sectors What the Commission lacks in expertise may be made up in straight-forwardness. If you start gelling major landholders and developers on this Commission, you will lose concern for the citizens. The Commission is here to serve the citizens as best it can. Member Tuchscher responded that what he is presenting is a guideline from which expertise is drawn. The rationale is to modify what is now ambiguous as to the types of people that are nominated for the Commission. Currently, the Mayor selects an individual and presents the name to Council for ratification. He has authority to nominate anyone from any sector; this is a guideline for Council to follow to provide a well-rounded background for the Commission. Part of this recommendation includes the expansion of ex-officio membership from three to five. Ex-officios do not have to be City residents; therefore, the Commission could have corporate representatives, such as from Rohe or Kaiser, to contribute their ideas. Member Lopez slated that he was concerned that the EDC is already top heavy with real estate representatives. The proposal seems to stress more of the same. The Commission' s focus needs to be changed from real estate speculation to more manufacturing and wealth creating services. He is not comfortable with the revision. as presented. Member Tuchscher responded that this guideline is not saying that a certain number of representatives from each group are to be represented but rather that these are groups from which appointees can be drawn. The existing language regarding nominees from the Board of Realtors would not change. This is a way for the Commission to shape the destiny of this group. MS (TuchscherlDavis) that Council modify the ordinance to include the list of recommended expertise within the ordinance. Member Lopez concurred with Member Gerber's statement that the Commission needs more members from the public-at-large to make this more of a community effort. As to the question of expertise, the Commission has all the expertise they need from every field with the creation of all the sub-commillees. If the Committee knows what it wants first, then they can go out and get that expertise without having to change the ordinance. He objects to the categories of major landowners and real estate. Member Compton stated that his interest is solely for the community. This should be the goal of any person that sits on this Commission. This Commission cannot work well if there is a feeling among members that people are there to represent their own interests. VOTE ON MOTION AYES: Compton, Davis, Tuchscher, Allen, Maslak NOES: Lopez, Gerber ABSENT: LoBue The motion passed 5-2-1. Member Allen emphasized that the focus had not been on real estate development. Strealining the permit process was focused on because people trying to do business in Chula Vista were not able to go forward in a timely fashion. 19--1/ 10/31/91 Boards and Commissions Roster Economic Development Commission Allen, Pemy 666 Mariposa Circle Chula Vista, CA 91911 Home Phone: 421-0868 Bus. Phone: 696-0575 Type: M Date Appt.: 10/09/90 First Term No.: 1 Date Expire: 06130/94 Re-Appt. Date: Sec. Term No.: Date Re-Appt. Ex.: Resl;. Date: Spouse Name: Misc.: Economic Development Commission Compton, Marshall Vice Chair 1339 Preston PLace Chula Vista, CA 91911 Home Phone: 422-2431 Bus. Phone: 425-6040 Type: M Date Appt.: 10/09/90 First Term No.: 1 Date Expire: 06/30/91 Re-Appt. Date: 06/04/91 Sec. Term No.: 2 Date Re-Appt. Ex.: 06/30/95 Resig. Date: Spouse Name: Misc.: Represents Board of ReaLtors Economic Development Commission Davis, Patty 653 Redlands PLace Bonita, CA 91902 Home Phone: 421-6942 Bus. Phone: 475-0233 Type: M Date Appt.: 10/09/90 First Term No.: 1 Date Expire: 06/30/94 Re-Appt. Date: Sec. Term No.: Date Re-Appt. Ex.: Resig. Date: Spouse Name: Misc.: Economic Development Commission Gerber, ALbert F. 694 Myra Avenue Chula Vista, CA 91910 Home Phone: 422-7210 Bus. Phone: 221-6646 Type: M Date Appt.: 10/09/90 First Term No.: 1 Date Expire: 06/30/92 Re-Appt. Date: Sec. Term No.: Date Re-Appt. Ex.: Resig. Date: Spouse Name: Misc.: Economic Development Commission LoBue. Jim 621 Woodlawn Ave. Chule Vista, CA 91910 Home Phone: 425-0702 Bus. Phone: 236-6012 Type: M Date Appt.: 10/09/90 First Term No.: 1. Date Expire: 06/30/93 Re-Appt. Date: Sec. Term No.: Date Re-Appt. Ex.: Resig. Date: Spouse Name: Misc.: ATTACHMENT 4 Pege 29 /9-/..2.. 10/31/91 Boards and Commissions Roster Economic Development Comnission Maslak., Mike 1907 Bordeaux Terrace Chula Vista, CA 91013 Home Phone: 421-9069 Bus. Phone: 482.8n8 Type: M Date Appt.: 10/09/90 First Term No.: 1 Oate Expire: 06/30/94 Re-Appt. Oate: Sec. Term No.: Date Re-Appt. Ex.: Resig. Date: Spouse Name: Misc.: Represents Chamber/on Auto Park TF Economic Development Commission Read, Don . Chair 576 Ha~hire lane Chula Vista, CA 91911 Home Phone: 482-2066 Bus. Phone: 420-6602 Type: M Date Appt.: 10/09/90 First Term No.: 1 Date Expire: 06/30/92 Re-Appt. Date: Sec. Term No.: Date Re-Appt. Ex.: Resig. Date: Spouse Name: Misc.: Represents Chamber on Commission Economic DeveLopnent Commission Tuchscher, William C. 8880 Rio San Diego Dr.-#200 San Diego, CA 92108 Home Phone: HI A Bus. Phone: 260-2814 Type: M Date Appt.: 10/09/90 Date Expire: 06/30/91 Sec. Term No.: 2 Resig. Date: Spouse Name: Misc.: First Term No.: 1 Re-Appt. Date: 06/04/91 Date Re-Appt. Ex.: 06/30/95 ATTACHMENT 4 Page 30 J9""/J Page 2, Item ~ Meeting Date ~V';J availability, demographic data, housing costs and availability, financial assistance, utility capacity, regulations and rates, vocational and on-the-job training programs, regional economic development programs and resources, maquiladora resources, and general input from local employers, large and small. The second goal is to allow Council more latitude in appointing highly qualified and skilled individuals who are dedicated to the economic betterment of Chula Vista but who may not necessarily reside within the City's corporate boundaries. This goal supports the first goal by enabling Council to select appointees from the recommended areas of expertise without restricting them to local residents. For example, key local employer executives, utility executives, business park developer/owners, employment service providers, or Small Business Development Center professionals may not live within City limits. The recommended change would not preclude such individuals from serving the City on the EDC. FISCAL IMPACT: None Attachments: 1. 2. 3. 4. Ordinance 2380 Ordinance 2402 Minutes, Economic Development Commission, July 1, 1992 Economic Development Commission Membership and Terms tJe< ~~t~ I~;e.~ [C,WP51\COUNCILI113SIEDC-ORD.113] /7'.2 /14-14/ ORDINANCE ~ 5:;. r AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.30.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION as follows: THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby ordain Section 1. That Section 2.30.020 of the Chula Vista Municipal Code is amended to read as follows: Section 2.30.020 Membership. A. Number of Members. The Commission shall consist of nine (9) Voting Members, a Staff Ex- officio Member, and up to tilree (3)RII~1 General Ex-officio Members. B. Designation of Members 1. Voting Members. The Voting Members shall be appointed by the City Council from the qualified electors of the City, two (2) of whom shall be appointed from a classification consisting of nominees from the Board of Directors of the Chula Vista Chamber of Commerce and who shall, at the time of their appointment and throughout their term, have membership in the Chamber of Commerce; one (1) of whom shall be a nominee from the Board of Directors of the South San Diego Bay Cities Board of Realtors and who shall, at the time of their appointment and throughout their term, have membership in the South San Diego Bay Cities Board of Realtors; and six (6) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status. 2. Staff Ex-officio Member. The City Manager or his/her designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the City, but who shall have no vote ("Staff Ex-officio Member"). 3. General Ex-officio Members. The City Council, or its designee, may appoint not greater than three (3) additional ex-officio members of the Commission, who shall not be required to be qualified elector(s) of the City, but any such appointed ex-officio members shall have no vote ("General Ex-officio Member"). /9-1.5" qualified elector(s) of the City, but any such appointed ex-officio members shall have no vote ("General Ex-officio Member"). !hil~~~!i!_~ti~!?~~tH~ ~.~9~irjfg:~i!j~~II~~~g~~l191\~~~~mt~q~i1qlinl1~~~~~!My~tl\~Y ~ ".........!......!...!.....................MRc..........eolt~l.:'al.tl.....~,itu.. t.I.;'"~,....iI1'.:,;v.......e...lW;.......g.r.. -..................."'!",."......#\1'!...~~_~.".."'p".. "I..Rijl!.lld~t......................................................................................... ~1.111(11~~ ..IIt9~w.i1nlq~fll!U.lI!1m~il~~.91 :!II'lilllt;1lil$f 'lI~j~~iii~t~ :IIIII"'IIII~~MMl!~~~ :1~1~lfllllli'ril'I~II\II;L~~Rmml~~~q# "III!li!imm~~);{i'iU~w,N'.:atq)AA\t Section 2. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by: s c~~ c;:O~ / Chris Salomone Community Development Director Bruce M. Boogaard City Attorney [C:IWP51ICOUNCILIRESOSIEDC-ORD.ORD] /9'" /~ COUNCIL AGENDA STATEMENT Item ~t:J ITEM TITLE: Meeting Date 7/21/92 Resolution 1~7~";-:pprOVing additional contributions to assessments in conjunction with Assessment Di stri ct No. 90-2 (Otay Valley Road) Director of Public Works rfII l.s. Director of Community Development v~ City Manager-J~ \wx~ (4/5ths Vote: Yes___No-x-) U Council Referral No. 2627 SUBMITTED BY: REVIEWED BY: On June 23, 1992, Council confi rmed the assessments for Assessment Di stri ct No. 90-2, Otay Valley Road. At that meeting, Council directed staff to reconsider certa i n property owner requests for addi t i ona 1 credit for slopes and constructed improvements. RECOMMENDATION: That Council: 1. Approve an additional contribution of $20,973 to Ms. Gregory's assessment for improvements constructed. 2. Deny Mr. Teyssier's, Mr. Barber's and Mr. Brady's requests for additional contributions to their assessments. 3. Approve an additional contribution of $5,663 to Mr. Cushman's assessment for slopes. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Certain property owners within the assessment district have indicated to staff that the credits previously allocated to their property should be increased for vari ous reasons. Presented below is a summary of the property owner requests. Included are the results, conclusions or an alternative for each situation. 1. J. 1. Racinq (Rita Greqorvl - AN 11 J. T. Racing had requested at the hearing and in letters to the City that they receive an adjustment to their assessment based on costs incurred and not on unit pri ces taken from the low bi dder for Phase I of thi s project. The difference is approximately $27,000. J. T. Racing has substant i ated thei r costs with cancelled checks, recei pts, and i nvoi ces (Attachment G). J. T. Racing has also indicated that staff previously informed them that if these improvements were installed that they would not be required to participate in the assessment district. J. T. Racing initially received ~~-I Page 2, Item Meeting Date ,).1) 7/21/92 a deferral for the improvements and subsequently were required for safety reasons to construct them when the improvements to the east and west were completed. Staff recommends that Council give J. T. Racing another adjustment to their assessment in the amount of $20,973* based on: 1. J. 1. Racing believes staff informed them that they would not need to part i ci pate further in the assessment di stri ct if they constructed their frontage improvements. Actions of the City required J. 1. Racing to construct the improvements ahead of the assessment district. 2. J. 1. Racing paid their fair share if only costs are considered although they did not participate fully in their fair share of improvements. 3. Council directed staff on May 26, 1992 to consider additional adjustments to assessments based on verifiable, actual costs paid by property owners. * This equals the confirmed assessment amount as of June 25, 1992 if paid within the 30 day cash collection period. J. T. Racing wiLL not receive a contribution greater than their assessment. 2. Atomic (Leonard Tevssierl - AN 5 Leonard Teyss i er of Atomi c Investments had requested addit i ona 1 adjustment to his assessment based on CPI adjustments for existing improvements and for right-of-way dedicated in conjunction with his development. Staff met with him and his attorney, Charles Deem, to di scuss thei r request. Staff exp 1 a i ned that no other property owners were receiving adjustments for prior right-of-way dedications and that the City did not concur with their analysis which was based on CPI adjustments. At the conclusion of the meeting on July 10, 1992, it was understood that staff would not recommend further adjustments to their assessment (Attachments D, D.l and D.2). 3. Mr. Cushman - AN 6 Mr. Cushman has requested an adjustment to his confirmed assessment for additional slope area of 1.15 acres (2.4 acres were previously approved), for construction of Shinohara Lane cul-de-sac, and for participating in one-half the cost of Shinohara Lane in the form of alien agreement (Attachment F). Staff met with Mr. Cushman and his engineer on July 10, 1992 and discussed Mr. Cushman's proposal. Staff agreed to review the acreage adjustment for slopes and the Sensitive Impact Area. Upon review, staff recommends that Mr. Cushman receive an additional adjustment of $5,663 .2P-rI< Page 3, Item ).() Meeting Date 7/21/92 (0.26 acres) for proposed slopes and cribwalls shown on the approved site pl an whi ch are necessary to develop the site. Thi s also provides a net site coverage of approximately 37%. Staff recommends that no other slope credit be given because the credit as recommended is consistent with the analysis of the other properties within the district. Staff does not recommend that the City provide adjustment to Mr. Cushman's assessment for improvements constructed for Shinohara Lane or the cul-de-sac at the end. This is consistent with the other properties within the district. Mr. Cushman requested special consideration because he felt hi s access to Otay Vall ey Road was reduced due to mappi ng and deed discrepancies and hence his improvements were made to Shinohara Lane instead of Otay Valley Road. However, the access he had was narrow and unimproved and would not have been adequate to serve his property unless improved. Addi t i ona lly, hi s access to Timber Street through the residential area would not be acceptable for an industrial parcel either nor was it physically (due to topography) a viable connection. Staff indicated to Mr. Cushman that these road access issues, if addressed, should be done outside of the assessment district proceedings because the requirements resulted from rezoning of the land and conditions of development, and not assessment district issues. We are recommending that a credit be given against his assessment of $5,663. 4. Don Palumbo - AN 24 Don Palumbo of Goldcoast requested credit for utility undergrounding work which is currently under construction. Staff met with him on July 10, 1992 and agreed that the City would contact SDG&E to request that the City's allocation of "20A" funds be used to reimburse him for the eligible work. A portion of the work performed on behalf of Goldcoast is within the contract for undergrounding awarded to Granite Construction Company. A change order to delete this work from Granite Construction Company's contract will be processed later. At this time, staff does not know if SDG&E will allow the use of "20A" funds for the work done in conjunction with the Goldcoast project. Staff is working with SDG&E on this and anticipates having a response from SDG&E within the next month. 5. Walter Barber - AN 49 Walter Barber, in his letter to the City dated July 2, 1992, requested an explanation of how the adjustments to his assessment for slopes were determined. Staff responded in a letter to him that the areas consisting of slopes or rip rap for drainage structures located outside of setbacks were used to adjust his assessment downward (Attachments B and C). .2tl ~ 3 ~ j ~ " ~ Page 4, Item Meeting Date 02tJ 7/21/92 6. B & B Partners (Mr. Bradv) - AN 12 Mr. Brady of B & B Partners in his letter dated July 8, 1992, protested the district and his assessment. He installed improvements along his frontage of Otay Valley Road and questions how the adjustment to his assessment for those improvements was determi ned. The cost i nformat ion he provided to City staff for the improvements was based on "bond" unit prices. The adjustments to assessments for existing improvements as approved by Council was based on low bid unit prices (Attachments H, H.1, and H.2). Mr. Brady could not provide actual unit prices because the work was performed under a "1 ump sum" contract in conjunct i on with development of his site. Staff will prepare a written response to Mr. Brady. CONTRIBUTIONS Contributions will be made assessments. No modifications Report need to be made. FISCAL IMPACT: Funds are avai 1 abl e from 996-9960-ST123 for the recommended additional contribution of $5,663 to Mr. Cushman's assessment (Assessment No. 6) and $20,973 to J. T. Racing's assessment (Assessment No. 11). The revised "City" contribution for the project would be $5,271,415.00. to assessments by "buyi ng down" the to the confirmed assessments or En9ineer's DDS:AY-081 WPC 6069E Attachment Schedule A - Council Referral 2627 B - Letter from Walter Barber dated 7-2-92 C - City's Letter to Walter Barber D - Letter from Charles Deem dated 6-24-92 D.1 - Letter from Atomic dated 6-15-92 D.2 - letter from Atomic dated 6-4-92 E - Sheet 1 of Assessment Diagram F Mr. Cushman's Letter and Attachments dated 7-8-92 G J. T. Racing's Documentation of Costs H Mr. Brady's Letter dated 7-5-92 H.1 - Mr. Brady's Estimate dated 5-27-92 H.2 - Credit Summary for Existing Improvements ~"-'/ 20. RESOLUTION /1/7';'.5 APPROVING ADDITIONAL CONTRIBUTIONS TO ASSESSMENTS IN CONJUNCTION WITH ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VALLEY ROAD) THE RESOLUTION WAS NOT AVAILABLE AT THE TIME THE COUNCIL AGENDA PACKETS WERE PREPARED AND WILL BE PRESENTED AT THE MEETING ON JULY 21, 1992. ,... rJ() --.5 ~ RESOLUTION NO. t" 7;;'5::, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AUTHORIZING THE PAY- MENT OR PARTIAL PAYMENT OF CERTAIN ASSESS- MENTS IMPOSED IN CONNECTION WITH THE OTAY VALLEY ROAD WIDENING ASSESSMENT DISTRICT WHEREAS, on June 23, 1992, by Resolution No. 16643, the City Council formed the Otay Valley Road Assessment District, Assessment District No. 90-2 (Otay Valley Road) ("Assessment District") and confirmed assessments as proposed in a report prepared by Willdan Associates, assessment engineers, dated June 23, 1992, and approved by the City Engineer ("Engineer's Report"); and, WHEREAS, in connection with the formation of the Assessment District, the city impressed various parcels of land with assessments as described in the Engineer'S Report including but not limited to one parcel known as Assessor Parcel No. 644-040-01 owned by one Helen Cushman and referred to in said Engineer's Report as Assessment No.6, in the amount of $141,234.00 with a payoff amount of $134,996.00; and, WHEREAS, in connection with the formation of the Assessment District, the City further impressed another parcel known as Assessor Parcel No. 644-040-23 owned by one John and Rita Gregory (commonly known to do business as J.T. Racing) and referred to in said Engineer'S Report as Assessment No. 11, in the amount of $21,942.00 with a payoff amount of $20,973.00; and, WHEREAS, the Council finds that it is appropriate to con- tribute from Otay Valley Road Widening Capital Improvement Project funds to the Assessment District for credit against Assessment No. 6 because of the unusability of land due to slopes and the existence of a sensitive impact area; and, WHEREAS, the Council finds that it is appropriate to con- tribute from otay Valley Road Widening Capital Improvement Project funds to the Assessment District for credit against Assessment No. 11 because they have submitted documentation for actual costs expended on improvements already made to Otay Valley Road in excess of those credited to them ($14,530.00) in the approved Engineer'S Report; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: 1. That City Council hereby authorizes and directs the contribution in the amount $5,663.00 from the otay Valley Road ovrasd1.wp July 21, 1992 Reso re contribution to OVRAD Page 1 c1 tJ O-:/C: Widening Capital Improvement Project funds, Account No. 996-9960- ST123, to the Assessment District for credit against Assessment No.6. 2. That City Council hereby authorizes and directs the contribution in the amount $20,973.00 from the otay Valley Road Widening Capital Improvement Project funds, Account No. 996-9960- ST123, to the Assessment District for credit against Assessment No. 11. 3. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. 4 The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said city; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Bruce M. Boogaar City Attorney Presented by: John Lippitt Public Works Director ovrasdl.wp July 21, 1992 Reso re Contribution to OVRAD Page 2 Jb-~ CUSHMAN ASSOCIATES July 21, 1992 Mayor and City Council Members City 9f Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor and Council Members: I have reviewed the staff's recommendation for the property owned by my brother, Stephen, and myself. We differ with that report in a few areas as outlined below: There is an error in regards to the access situation. Initially, back in the 1950's, access was provided via Otay ValleY Road when this land was zoned residential. As land was developed along Otay Valley Road, part of our access disappeared via mapping difficulties. Upon notifying the City of this situation, we were granted access via Timber Street. This was acceptable to us since it provided access to our residential land via residential streets. At that time the layout of residential along our property with Timber Street access worked well with our topography. Many years later the City Council rezoned our property to industrial. At that time we appeared at the hearing and stated our concern of accessing via Timber for an industrial use. The neighboring property on Brandywine who instigated the zoning request stated that they were willing to dedicate, and pay for 1/2 of the road across their property to ours in order to get the zoning change. We therefore agreed to the change. In addition, at,. the ti'!!!'.... we were told thata200'.sensitive ilDpa"t zone. 9P two (2) sldes-';;-r'the-pro'pei"ty would he imposed: 'A"t 'th,,'he";;ri~gwe were then asked to pay for the one half of the road construction cost which was $57,500. We agreed and the City recorded this obligation on our property, requiring us to pay the $57,500 plus interest when we pulled a building permit, which we have not yet done. After a number of years passed, we then prepared a layout of the buildings, as per the specific plan. ~fter having gone through all the various committees, we appeared before t he-reaeveTc;pme'j";'t'-c~~';;;i~-sion'TCitY'Coun ~iJ.~ ag r e e d we had compl1ea with the requiremen'ts;"-bu( askeg./if we'cou-ra-- flip o"ur'1luiTdrng' soaslb ribtlfilve lo;'-dilfjf'd6t:1rn-"i'lrcilIg . ~efamiTYL"",j d,~.llJ.:ial. ' c2u ~7 At a great expense of both time and money we were able to relayout the project, but only by the City giving permission to encroach on some of the sensitive impact areas. This was only able to occur by extra grading and additional crib walls on the site. That plan was approved with, the additional requirement of dedicating land RL~s payingJ9r.the cul,.,.deo:.SJl.c."J3.C,l.pe.!"Jlg of Shi,u9h.;![a .1,,,n,,,,. ' Tl11s"'is estimated_~!_,~1_I,1lll0. Now we face an assessment district WhICh we did not oppose, but felt we were entitled to equity and fairness due to the unique circumstances of this site. I am enclosing a copy of a letter from William A. Steen outlining the details of our request on these matters with the City Engineering Department, /~ :' 1;. The three issues remaining are: -~ /. We are being given /no )credi t for the cost of Shinohara Lane whi~we are obligated to--~'ay which is '$57;"1l'O'O'pTils interest to the City. ThaT was s up p 'Os-e'd ..to c 0 v era 11 5:: ().".t1l. _(l:f.Clff'",},Jl:11 t c crn"sT-r;'~c:t.~!:"ojl:-'_.ro:~~pr-o~y.ide a .r e.y_i.S! e d-,~ ro, (,:lr:..s...."'t.Q~_O_ur~ property. (This resulted from the City rezoning our 'property from residential to industrial and removing our access from Timber Street.) 2. The cost of $47,500 for installing the cul-de-sac on Shinohara Lane. 3. Not getting full credit for our 3.35 acres of ~-"~'-"""'''''''''',_..--.-.~,,,^ slop;s and sensitiveimpact areas. Proof of this is'"'lo'c'ompare the ne'igh1ioring"Brandywine industrial buildings that have 100,000 sq. ft. on 5.83 acres of land which equates'to our.,.lljt,Jlo,Q sq. ft. (iIlcTiid'irig'mezzanine) on 6.20 acre,s", of, .~ '__,.'.'.'~_M_.",.,"7-='",'"". ,_.;q~_. useable land. William Steen has's'ubmitted the verification of the 6.02 acres as being our useable area which happ~~s to concur with the adjo'ihing' parcel. Equity and fairness dictates thaCwe should not be burdened with a higher assessment per sq. ft. of buildings as our adjoining parcel. z. ' '-! .:_~ Our land is unique and different than any other parcel simply because of the slopes, sensitive impact areas and the extra costs we have incurred in crib walls and grading to meet the request of this Council in flipping our bUildings. /)v/?' Therefore, we hereby request the 3.35 acres of slope and sensitive impact credit and credit of $47,500 for the cul-de-sac and cancelling of our agreement dated October 28, 1986 by City Resolution number 12781. Thank you very much for your consideration on this matter. Enclosure ~O~ Iw~f WIllIAM A.~1EEN & A~.50CIATE.5 86 :~~~C~;~;'~rc, ~'l: F':;~~~:{~ '~;'~:A:~;.;~:~TN6::,~j~'~;~'~;~: N~':;~i .'~L;~'~'~ 'I~: ~; July 21, 1992 Mr. Lawrence M. Cushman Cushman Associates 2901 Fifth Avenue San Diego, CA 92103 Re: Otay Valley Industrial Park Dear Larry: We have received the City of Chula Vista's staff report to the City Council for the July 21, 1992 hearing and we would like to submit the following comments that should be included in your request to the council. As you know, we have recently met with Ms. Donna Snider and Mr. John Lippett to review our request for the 3.35 acres of slope credit on your property. It is our understanding that their recommendations to the council will be to grant an additional 0.26 acres of credit resulting in a total credit of 2.66 acres (2.40 + 0.26). Our request of 3.35 acres of slope credit was substantiated by a calculation of the representative slope area and a comparative assessment calculation to the adjacent Brandywine industrial property to the east. Our letters, calculations and maps are enclosed for reference. Our comments on the staff report are as follows: 1. Page 2 states that we are requesting an additional slope credit of 1.15 acres. Our request as stated in the correspondence is only 0.95 acres with a resulting total of 3.35 acres. 2. Page 3 states that we are requesting special consideration because the access to Otay Valley Road was reduced. Our request was for equal consideration since the property had access to Otay Valley Road and Timber Street that was changed by the City. In fact, Timber Street would have been adequate access when the property was zoned residential and was a viable access as planned on the adjacent subdivision map to the west. However, since the property was rezoned to industrial by the City, it was determined that is was necessary to provide alternate access via the Cardon Meadows Industrial Park to the east to avoid industrial traffic exiting into the residential area. Thus an agreement was entered into that provided for the cost of all off site improvements to serve the Cushman property. c1o/jO . 8580 LA MESA BLVD.. SUITE 102, LA MESA, CALIFORNIA 91941. (619) 460-9000 . FAX (619) 460-9005 . r~( WILLIAM A.5TEEN & A.5.50CIATE.5 . CONSUL T:I'J'~ CIVI EN~l~~'~~~:.':L~~~':sURVEY'N'~-^::f';.~~l;Z~~"'~Nd Mr. Lawrence M. Cushman July 21, 1992 Page 2 In our opinion, the above facts justify the credits being requested of the City of Chu1a Vista on the Assessment District. Very truly yours, WILLIAM A. STEEN & ASSOCIATES WAS:ss ~~~ William A. Steen Enclosures 1/6219-101 · 8580 LA MESA BLVD., SUITE 102, LA MESA, CALIFORNIA 91941 . (619) 460-9000 . FAX (619) 460-9005 . dO- ) / ~l ~i~~~~~~'~~~~i~~~:~4g~'~~~N~ July 20, 1992 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Donna Snider Re: Cushman's Otay Valley Industrial Park Dear Ms. Snider: Enclosed is a plan that represents the calculations of the 3.35 acres of slope area credit that we outlined at our meeting last week. The details of the slope representation along the southerly property line needs a further ,explanation. As Mr. Cushman and I mentioned, the current site plan necessitated various adjustments to accommodate the sensitive impact zone on the property. The 30' parking setback on the west side was arbitrarily given to us as a goal to increase the landscaping along the residential area. If this could have been reduced to 10' we could have moved parking along the driveway on the east side. This in turn would have eliminated the parking on the south side of the southerly building and allowed a normal slope construction rather than the crib walls. Accordingly, the slope area would be 0.95 acres rather than the 0.26 acres as listed in your report. Please give me a call when you have reviewed this information. Very truly yours, WILLIAM A. STEEN & ASSOCIATES /~~~ WAS:ss William A. Steen cc: Lawrence M. Cushman Enclosures 116219-101 dV/ ;;), · 8580 LA MESA BLVD., SUITE 102, LA MESA, CALIFORNIA 91941. (619) 460-9QQQ.~ FA>': . H,; 13!L 4!lQ,9~.!! July 1, 1992 MEMO TO: The Honorable City Council FROM: Tim Nader, Mayor SUBJECT: PROCEDURE FOR REAPPOINTMENT - BOARD OF ETHICS When the Board of Ethics was re-established by the City Council several years ago, it was decided that the Presiding Judge of the local Municipal Court would be invited to review, interview applicants and make recommendations to the City Council. To my knowledge, the issue of handling appointments of second terms to those eligible and wishing to serve was not adopted at that time. There is one member of this Board eligible and wishing reappointment at this time. My suggestion would be that we establish a uniform process. If we wish to keep the process entirely removed from any concern of Council influence from the Board, my suggestion would be to routinely notify the Presiding Judge as to who is eligible for reappointment and request his recommendation before proceeding. I wish to have input and direction from the City Council in this regard and have placed this on the 7/21/92 agenda. .L- . /I~A1- ethics cc: City Clerk ),1. b- / "-' LETTER TO STATE LEADERS RECOMMENDED ADDRESSEES Governor wilson Senator Roberti Senator Deddeh Senator Hill Senator Maddy Assemblymember Brown Assemblymember Isenberg Assemblymember Hannigan Assemblymember Hunter Assemblymember Jones Assemblymember Peace Assemblymember Vasconcellos Assemblymember Wright l moom~1i July 21, 1992 The Honorable Pete Wilson Governor state of California state Capitol Building Sacramento, CA 95814 RE: STATE BUDGET CUTS - ALTERNATIVES AND OPTIONS Dear Governor Wilson: The City of Chula vista understands, from recent experience, the crisis currently being faced by the State of California. As a result of the implementation of the Proposition 13 property tax rollback, the approval of the Proposition 4 spending limitation on local government, and the application of SB 1225 to cities regarding booking fees and property tax administration fees, local agencies have had to cope with dramatically reduced state subventions and revenues. The current recession has only exacerbated this problem, both for the state and local governments. The purpose of this letter is not only to offer support to the State at this critical time, but also to propose alternatives to assist in the timely and appropriate resolution of the state's budget difficulties. Because cities are the lifeblood of the economic vitality of the state, it is desirable to retain as many funding sources as possible which provide maximum flexibility to local government in the development of new business ventures and enterprise activities. This is not to say that we will not participate in the final solution to the state's fiscal crisis; rather, that we wish an alternative which is more acceptable in the preservation and nurturing of the economy rooted at the local level. Although the state has examined a variety of alternatives, the latest revenue reduction proposal appears to take a substantial portion of AB 8 property tax revenues as well as an undefined portion of property tax increment from redevelopment agencies -- both of which are flexible revenue sources which enable local government to be creative in efforts to encourage economic recovery and growth. r \ ~}f} The Honorable Pete Wilson Page 2. It is based upon our desire to fully cooperate with the state, as well as the need to retain flexibility of available resources, that the City of Chula vista offers the following alternatives. Specifically it is proposed that the State of California: * Re-evaluate the current revenue recovery proposal to allow local agencies to retain a greater portion of the AB 8 property tax revenues and property tax increment and instead recapture uncommitted redevelopment agency 20% Set-aside funds for low Imoderate income housing. statewide it is estimated that this fundinq source could oroduce revenues to the state of aooroximatelv $150 to $200 million. * Recapture the remainder of Ciqarette Tax revenues currently allocated to local agencies, for a period of three years. This would orovide $30 million in additional revenues to the state oer vear. The City of Chula vista .stands willing to share in the fiscal restructuring of the state for the benefit of all Californians, and by doing so, hopes to strengthen economic vitality rather than destroy it. I ask you to take these recommendations and alternatives under serious consideration when making your difficult budgetary decisions. Sincerely, lID Wm ~d~' 1r Mayor cc: city Council Advocation, Inc. League of California cities v tyl-r '0