HomeMy WebLinkAboutAgenda Packet 1997/09/23
Tuesday, September 23, 1997
6:00 p.m.
1.
ROLL CALL:
"I decl.... "nder penalty of parJury that I am
emp!oyad b~ the City of Chula Vista in the
Office of the Gity Clerk and that I posted
this Agande!Notlce on the Bulletin Board at .
the Pub" S ,,'ce. Building ~. -. ~~~ on . CouncIl Chambers
DATED:.IJfJ ,'/(1__-L.__ SIGNED I 1[././$1 if-' ~:t?J "PublIc ServIces Buddmg
Re1!ular Meetin~ of the City of Chula Vista City Council
CALL TO ORDER
Councilmembers Moot _' Padilla _, Rindone _' Salas _' and
Mayor Horton _"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINUTES:
September 9, 1997 (Regular Meeting), September I], 1997 (Special
Meding/Worksession), and Septemher 16, 1997 (Regular Meeting)
4. SPECIAL ORDERS OF THE DA Y:
a. Oath of Office: Bob McAlister - Safety Commission; and David Taboada - Y ollth Commission
(Hilltop High School).
b. Assemblywoman Denise Ducheny will provide a review of the 1997 State Legislative Session.
CONSENT CALENDAR
(Irolls 5 through 16)
The staff recommendations regartling the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" m'ailable in the lobby alld submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Cmmcil did not meet in Closed Session
on 9/16/97. It is recommended that the le,tkr he received and filed.
6.
ORDINANCE 2712
MODIFYING SECTION 10.56.040, SCHEDULE XI OF THE MUNICIPAL
CODE TO ALLOW SHORT-TERM METERED PARKING ON THE
EAST SIDE OF THTRD A VENUE BETWEEN CENTER STREET AND
1\.fADRONA A VENUE (second readirH! and adootinn) - The owner of Third
Avenue Newsstanu located at 335 Third Avenue has requested that two of the
metered, two-hour parking spaces located in front of her business be changed
to thirty-minutes each to accommodate "quick turn-over clIstomers." The
Downtown Business Association and the Town Centre Project Area Committee
have reviewed the request. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Community Development)
Agenda
-2-
September 23, 1997
7.A. ORDINANCE 2713 AMENDING SECTION 2.66.040 OF THE MUNICIPAL CODE TO
INCLUDE NORMAN PARK SENIOR CENTER IN THE DESIGNATED
RECREATION FACILITIES WHICH ALLOW THE SERVING OF
ALCOHOLIC BEVERAGES (first readin~) - During the fiscal year 1996/97
budget process, the Parks, Recreation and Open Space Department proposed to
enhance revenue by renting Norman Park Senior Center on S<lturday and Sunday
evenings. The revenue projected was $8,500; actual revenue received was
$183. Staff recommends Council place the ordinance on first reading and
approve the resolution. (Director of Parks, Recreation and Open Space)
B. RESOLUTION 18777 AMENDING THE MASTER FEE SCHEDULE, CHAPTER 7, SECTION
B.1.b. TO REMOVE THE NON-RESIDENT FEE FOR NORMAN PARK
SENIOR CENTER FACILITY RENTALS
8. RESOLUTION 18778 REPEALING RESOLUTION NUMBER 160tlJ REINSTATING THE
CLASSIFICATION OF DEPUTY CITY CLERK/RECORDS MANAGER
TO THE MIDDLE MANAGEMENT GROUP AND ESTABLISHING A
SALARY RANGE OF $3,314 - $4,028 PER MONTH - On 6/28/96, the
Deputy City Clerk resigned aner almost seven years. It became clear in the
recmitment to replace her that the pay level was a significant t~tctor in attracting
experienced candid<ltes. Therefore, it is being requested that the Deputy City
Clerk/Records Manager position he moved to the Middle Management Group.
Staff recommends approval of the resolution. (City Clerk)
9. RESOLUTION 18779 APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF
THE CHULA VISTA VETERANS HOME SUPPORT FOUNDATION,
AND DIRECTING STAFF TO ASSIST WITH FILING OF THE
ARTICLES AND OBTAINING TAX-EXEMPT STATUS FOR THE
FOUNDATION AND APPROPRIATING FUNDS IN THE AMOUNT OF
$ 1,000 TO FINANCE APPLICATION FEES FOR TAX-EXEMPT ST A TUS
In accordance with Council P()licy 110-12 (" Use and Sponsorship of Non-profit
Organizations in Relationship to the Boanls and Commissions of the City"), the
Veterans Advisory Commission enlisted Staff assistance in forming the Chula
Vista Veterans Home Support Foundation. The articles of incorporation and
hylaws for the Foundation have been drafted and are ready for filing. Staff
recommends approval of the resolution. (City Attorney and Director of Human
Resources) 4/Sth's vote required.
10. RESOLUTION 18780 AUTHORIZING THE TRANSFER OF 1996 LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $33,000
FOR THE HIRING OF A GRANT WRITER, TO BE REALLOCA TED TO
SUPPORT THE IIIRING OF A LIEUTENANT $6,000; GRANT WRITING
POLICE OVERTIME $25,000 AND GRANT TEAM TRAINING $2,000 _
During the fiscal year 1996/97, Council accepted and appropriated 1996 Local
Law Enforcement Block Grant funds in the amollnt of $257.40 I for payment of
pe,rsonnel, overtime, and purchase of equipment. All programs with one
exception (hiring of a contractual grant writer) have been implemented or are
in the process. The grant disallows the use of funds for contractual services.
Staff is requesting Council reprogram these funds for overtime and training to
supplement the in-house grant writing program. Staff recommends approval of
the resolution. (Chief of Police) 4/5th's vote requil'ed.
Agenda
-:1-
Septemher 23, 1997
II. RESOLUTION 18781 ACCEPTING CALIFORNIA STATE LIBRARY CALIFORNIA
LIBRARY SERVICES ACT, FAMILIES FOR LITERACY GRANT FUNDS
AWARDED TO THE CIlllLA VISTA LITERACY TEAM,
APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1997/98
BUDGET TO INCLUDE .49 FULL TIME EQUIVALENT POSITIONS _
The Chula Vista Literacy Team has heen awarded $21,000 in California Library
Services Act, Families for Literacy Grant funds to develop and offer special
family literacy services. This is the seventh year the Chula Vista Literacy Team
has received this grant. This program W<tS de:veloped to hreak the
intergenerational cycle of illiteracy hy providing training till" volunteer tutors
who then teach learners with young children; special lihrary programming for
learners and their families; and a home collection of quality children's hooks for
each participating family. This program involves partnerships with South Bay
Head Start, Chula Vista Elementary School District's Even Start Program, and
the Healthy Start Collahorative. Staff recommends approval of the resolution.
(Library Director) 4/5th's vote required.
12. RESOLUTION 18782 AUTHORIZING TIlE MA YOR TO EXECUTE AN AGREEMENT WITH
THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF
FINANCIAL ASSISTANCE IN THE AMOUNT OF $30,000, AND
MIENDING THE CITY'S EXISTING CONTRACT WITH THE
CHAMBER OF COMMERCE FOR PRODUCTION OF THE HARBOR
DA YS FESTIV AL TO PROVIDE FOR THE PASS-THROUGH OF $30,000
OF THE PORT FUNDING TO SUPPORT THAT EVENT AND
APPROPRIATING FUNDS THEREFOR - In June 1997. the City submitted
a financial assistance request to the San Diego Unified Port District for partial
funding of the Chula Vista Harhor Days Festival. The Board of Port
Commissioners approved funding of $30,000 at their meeting of 7/29/97, and
the Port requires that the City enter into a formal agreement which stipulates
conditions and City requirements for receipt of the approved funding. Staff
recommends approval of the resoluti()!1. (Puhlic Information Coordinator)
4/5th's vote required.
13. RESOLUTION 18783 ACCEPTING BIDS, AWARDING PURCIIASE ORDER CONTRACT AND
APPROPRIATING FUNDS FOR PURCHASE OF ONE SEWER VAN AND
PIPELINE INSPECTION SYSTEM - On 613/97, bids were opened for the
purchase of a Sewer Pipeline Inspectioll System and van. Twenty-five bid
packages Were sent out with five bidders responding. None of the bidders were
local companies. The lowest responsive bidder was Pearpoint, Inc. in the
amount of $144,986 plus applicable sales tax. Staff recommends approval of the
resolution. (Director of Puhlic Works and Director of Finance) 4/5th's vote
requin~d.
14. RESOLUTION ]8784 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ROOF
REPLACEMENT FOR THE LAUDERBACH RECREATION CENTER -
On 7/27/97, staff solicited informal bids from three qualified contractors to
providt' materials, lahor, and ashestos removal for the reroofing of Lauderbach
Recreation Center. The City Charter provides t()r Council to approve Public
Works contracts without advertising t()r bids if the contract cost is more than
$25,000 hut less than $50,000. Staff recommends approval of the resolution
awarding the contract to Nelson Roofing in the amount of $28,000. (Director
of Public Works)
Agenda
-4-
Septemher 23, 1997
15.A. RESOLUTION 18785 APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK
RANCH, NEIGHBORHOOD 2, UNITS 1 THROUGH 5, ACCEPTING ON
BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS,
REJECTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS
GRANTED ON SAID MAPS WITIIIN SAID SUBDIVISIONS, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS - On 10/6/92, Council approved the Tentative
Subdivision Map for Tract 92-02, Salt Creek Ranch. On that tentative map,
neighhorhood boundaries Wefe delineated. The Final Map, Subdivision
Improvement Agreements, and Surplemental Suhdivision Agreement for
NeighhorhooJ 2, Units 1 through 5, are now he fore Council for consideration
and approval. Staff ft:col11l11enus approval of the resolutions. (Director of
Puhlic Works)
B.
RESOLUTION 18786
APPROVING SUPPLEMENTAL SUBDIVISION
AGREEMENT FOR TRACT 92-02, SALT
NEIGHBORHOOD 2, UNITS I THROUGH 5
IMPROVEMENT
CREEK RANCH,
16.
REPORT
SEASONAL SWIMMING POOL CLOSURE - On 9/9/97. Council directed
staff to return with a report regarding the scheuuled closure of Parkway Pool
during the fall and winter months. The report provides a hrief history of pool
closures over the past few years, identifies the proposed fall and winter
operations schedule for 1997/98. identifies the impacts of the scheduled closure
as it rdates to existing programming, and identifies the rdative costs involvt'-d
in swimming pool operations during the fall and winter months. Staff
recommends Council accept the report and direct staff to proceed with one of
the options provided within the report. (Director of Parks, Recreation and Open
Space)
* * * J:'NJ) OF CONSENT CAU~NIMR * * *
ORAL COMMUNICATIONS
This is an opportunity for the gel/eral public to address the City Coul/cil 01/ al/Y subject lIIatter lVithin the
Council'sjurisdiction that is not an item on this agenda for public discussion, (State law, howe~'er, generally
prohibits the City Council from taking ac/iOl1 011 any issues not included 011 the posted agenda.) If you wish to
atldress the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Forni" available in the lobby and submit it to the City Clerk prior to the meeting. 71lOse who wish to speak,
please give your name and address for record pU'1JOses and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been adl'ertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Reques//o Speak Form 11 ami/able in the lobby and submit it 10 the City
Clerk prior to the lIIeetiT/g.
None suhmiued.
Agenda
-5-
Sertemher 23, J 997
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City COllncil will consider items which hm'e been forwarded to them for cOllsideratioll by olle
of the City's Boards, Commissions, and/or Commillees.
None suhmitted.
ACTION ITEMS
The items listed in this section oj the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the gelleral pllblic. 17Ie items will be cOllsidered il/dil'idllally by the COllncil
and stal/recommendations may in certain cases be presented in the alternath'e. Those who wish to fjpeak, please
fill Ollt a "Request to Speak" fonll available il/ the lobby ulld sllbmit it to the City Clerk pdor to the meetil/g.
None suhmitted.
ITEMS PULLED FROM TilE CONSENT CALENDAR
This is the time the City Council will disclIss ilems which hm'e been remol'ed from the Consent Calendar.
Agenda items Plllled at the reqllest of the pllblic will be considered prior to those Plllled by COlIl/dlmembers.
OTIIER BlISINESS
17. CITY MANAGER'S REPORT(Sl
a. Scheduling of meetings.
18. MA YOR'S REPORT(S)
a. Report on the Eco-tourism Summit.
19. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and then(;e to) the regular City Council meeting on Octoner 7, 1997
at 4:00 p.m. in the City Council Chamhers.
'" declare under penalty of parjury that , am
8mplo:red by the City of Chu!a Vista in the
o;'fice of the Cltl' CI&rk andlhet i poatad
this Agenda/Nod"e on the Bulletin Boerd at
Tuesday, September 23, 1997 the Public rvi as Bu,lding 8 ~on Council Chambers
6:00 p.m. DATE /9 9? SIGNED""" ....J'ublic Services Building
(immediately following the City Council Meeting) v'
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property:
Approximately 24.95 acres of property located at 1800
Maxwell Road, Chula Vista.
Negotiating parties:
City of Chula Vista (Sid Morris) and SDG&E.
Under negotiations:
Purchase price and terms.
.
Property:
Approximately 8.4 acres of street frontage property located at
Bonita Road, near Otay Lakes Road, adjacent to the Chula
Vista Municipal Golf Course, Chula Vista.
Negotiating parties:
City of Chula Vista (Chris Salomone) and Joden Enterprises.
Under negotiations:
Purchase price and terms.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
~~~
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.........-...::.....-::~
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OlY OF
CHULA VISTA
OFFICE OF THE CITY ATIORNEY
Date:
September 17, 1997
To:
The Honorable Mayor and City counci~/~
John M. Kaheny, City Attorney ~ ~
Report Regarding Actions Take~n Closed Session
for the Meeting of 9/16/97
From:
Re:
The City Attorney hereby reports that the City Council did not meet
in Closed Session on September 16, 1997.
JMK: 19k
C:\lt\clossess.no
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--5 CL- - /
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
iij I'osl.ww... f>&)d8d I'<p;J
ORDINANCE NO, ~? /c:2,
'0""
>>\ '
\,-\P'
\'.~0
AN ORDINANCE OF THE CITY OF CHULA VISTA MODIPy.:1NG
SECTION 10,56,040, SCHEDULE XI OF THE MUNICIRAt"CODE
TO ALLOW SHORT-TERM METERED PARKING<i)jIJ THE EAST
SIDE OF THIRD AVENUE BETWEEN CENjiffi" STREET AND
MADRONA AVENUE
SECTION I: That Section 10,56,040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
10.56.040
Meter zones-Designated-Fees-Schedule XI.
In accordance with section 10,56,030 of this chapter, parking meter zones are hereby
established upon those public parking lots and streets or portions of streets described herein in
which parking of vehicles shall be regulated by parking meters between the hours specified in
section 10,56,150 and upon the signs erected thereon, and for the duration specified below and
upon the signs erected thereon, of any day except Sundays or public holidays defined in section
10,08.110, as follows:
Schedule XI
Name of Street Beldnnin2 At
Center Street Third Avenue
Center Street Third Avenue
Church Avenue "F" Street
Del Mar Avenue "F" Street
liE" Street Church Avenue
"En Street Garrett Avenue
"F" Street Church Avenue
"F" Street Garrett Avenue
Endin2 At
Del Mar Avenue
Del Mar A ven ue
"E" Street
Center Street
, Del Mar Avenue
. 100 ft, ElE curbline
of Landis Street
Del Mar Avenue
Del Mar Avenue
"G" Street
40 ft. W/IN curbline
Third Avenue
100 ft. ElE curbline
of Church Avenue
"G" Street
125 ft. W/IN curbline
Third Avenue
100 ft. S/S curbline
of II E" Street
450 ft. ElE curbl i ne
Third Avenue
150 ft. N/N curbline
of "E" Street
Garrett Avenue
Landis Avenue
"F" Street N curbline
of "E" Street
300 ft. north of
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
. 6'-j
~EI> 11 Iq17 /fGcl\JJ)/'T
Side Duration
N/S 1 hour or
9 hours
South 1 hour
EIW 2 hours or
9 hours
East 9 hours
N/S 2 hours
N/S 2 hours
South 2 hours
North 30 minutes
or 1 hour
or 2 hours
South 30 minutes
or 2 hours
North 1 hour or
2' hours
N/S 2 hours
EIW 2 hours or
9 hours
Madrona Street Third Avenue E curbline 125 ft. east of N/S hour
of Third Avenue ---,~
Park Way 100 ft. W/W curbline Third Avenue N/S hour
of Third Avenue
Third Avenue Alvarado Street "E" Street East 2 hours
Third Avenue Roosevelt Street "E" Street West 2 hours
The city engineer shall maintain within a register a Schedule XI listing the restrictions applicable to these
locations where parking meter zones have been established.
(Ord 2670, 1996; Ord 2623 51, 1995; Ord 2488 52, 1991; Ord 243654, 1991; Ord 973 51 (part), 1966;
prior code 519.22.1 (part)).
SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Presented by
Approved as to form by
(J~ ~~
---
-""
Chris Salomone
Director of Community Development
'~'",
H:\ahared\anomey'.pan..lng
~
~-2
)
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and
a resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the above-
entitled matter. I am the principal clerk
of the printer of the STAR-NEWS, a
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
Chula Vista and the South Bay Judicial
District, County of San Diego, which
newspaper has been adjudged a news-
paper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the
date of April 23, 1951, Case Number
182529; that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to-wit:
9/27
all in the year 1997
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Chula Vista, California 91910
this
day of September
19 97
'-
27th
" ,
,-J{";
This space is for the County Clerk's filing stamp
CV #9847
Proof of Publicaton of:
Notice of Adoption of Ordinance No. 2712
t--3
NOTICE Of AIIClI'IlO/I Of
_NO.I7l2
IIODlFYIIIll8ECT1Dll
10.51.048, SCHEDUlE XI
OF TIE IlUNICI'AL CODE
TO ALLOW SIIORT.TERII
IIETBIED PARUlG 011
THE EAlI1' SIDE Of lHIIIl
AVENUE BElWEEN
CENTER STREET AND
_AVENUE I
ThepulllClHoflhildn- ,
..... io to mocIfy Section
1 0.56.040. Schodulo XI of
lheMunlcipolCacloto_
two 0''''_, _
~~=~
be changed to t1irll-minuleo
oadt
The Oninanoo I'8ll its
fi..1 _ing on Sepembor
16, 1997, oncll.. oeconcI
IlllIding and edoplion at'"
reguIai ~ of Saplam-
boi23,f997wilhlha_
~Q ..18: AYES: Moot, Pall-
· iIa, Salas, HOnan: NOES:
Nona: ABSENT: RIndona:
I ABSTAIN: Nona.
Pu....".toCilyC_
Saclion312(b), alUHCOI'fof
said Ordinance is availlble
inlheCityClark~OffIcaoncl
is available m all in.ested
persons by calling
6Q1-5041.
DATED: SapIBmbar 24,
1997
CV09847
9/27/97
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
7
09/23/97
ITEM TITLE:
/1.
Ordinance :<. 7/.:5 Amending Chula Vista Municipal Code Section
2.66.040 to Include Norman Park Senior Center in the Designated
Recreation Facilities which Allow the Serving of Alcoholic Beverages
Resolution 18"77?Amending the Master Fee Schedule, Chapter 7,
Section B.1.b to Remove the Non-Resident Fee for Norman Park Senior
Center Facility Rentals ~
nd Open Space
Yes
No~)
{3,
SUBMITTED BY:
REVIEWED BY:
CitYManage~
During the FY 1996-97 budget process, the Parks, Recreation and Open Space Department proposed to
enhance revenue by renting Norman Park Senior Center on Saturday and Sunday evenings. The revenue
projected was $8,500; actual revenue received was $183. Staff documented 22 calls requesting
information about rental possibilities in FY 1996/97. Of the potential renters who had more than a casual
inquiry, several were concerned about the regulations prohibiting the serving of alcoholic beverages;
however, the majority of the inquiries were concerned about both the higher fees for non-residents, and
the regulations on alcoholic beverages.
Staff believes the rental rules and regulations for Norman Park Senior Center should be changed to be
similar to the rental rules for the Chula Vista Women's Club. This report discusses a proposal to bring
the Norman Park Senior Center into the same category of rental as the Chula Vista Women's Club by
allowing the serving of alcoholic beverages and the deletion of the non-resident rental rates.
STAFF RECOMMENDATION: That the City Council:
1. Place the Ordinance on First Reading to include Norman Park Senior Center in the designated
recreation facilities which allow alcoholic beverages to be served; and
2. Approve the Resolution amending the Master Fee Schedule to delete the non-resident rental fee
for Norman Park Senior Center.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Parks, Recreation and Open Space
Commission met on August 21, 1997 and discussed the staff report and recommendations. The
Commission voted unanimously to approve the staff recommendations. (Minutes are included as
Attachment "A".)
The Commission on Aging met on September 10, 1997 and discussed the staff report and
recommendations. The Commission voted 5-1 to support the staff recommendation. (Draft minutes are
included as Attachment "B".)
DISCUSSION: The Norman Park Senior Center renovation was completed in 1992 to accommodate the
changing needs of Chula Vista's senior citizens. Staff priorities for the first few years were focused on
recreation programming and establishment of the extensive social service programs offered at the center.
[H:\Home\Parksrec\AII3\ ~ NPALCFEE.A13)
1 7--/
Item:
Meeting Date: 09/23/97
During the FY 1996/97 budget process, the Parks, Recreation and Open Space Department staff
recommended potential revenue sources at the Center. The Department proposed, and the City Council
approved, revenue from renting the Center on Saturday and Sunday evenings.
In 1992, when the Chula Vista Women's Club was established as a rental facility for the City, surveys
were done throughout the county to determine rental rates for facilities of comparable amenities and size.
Council approved a rate of $60.00 per hour. Because of the types of rentals the Women's Club could
accommodate, the potential clients they would attract, and the need to draw from a wider area, the fee
was established as hourly without a non-resident charge.
A county-wide survey (Attachment "C") was also conducted to determine rental rates before fees were
established for Norman Park Senior Center. While the City of La Mesa is the closest agency with a
Senior and a Community Center for rental; the remainder of the facilities in other cities are managed as
commercial ventures. It is difficult to compare commercial operations to municipal government uses.
The resulting hourly fee of $100.00 per hour for Norman Park Senior Center is in the lower-middle range
for facilities of comparable size and quality.
The survey also established that the commercial facilities do not have a non-resident fee. However, in
the case of Norman Park Center, the non-resident fee ($200.00 per hour), as approved in the Master Fee
Schedule, was not eliminated as it was for the Women's Club, thus making the rental price prohibitive
to non-residents.
Staff developed a plan for implementing a rental program at the center as follows:
. Development of rental procedures.
. Development of a brochure for use as an advertising tool. (Attachment "D")
. Sent cover letters and brochures to potential clients including caterers, event planners, and party
facilitators.
· Contacted the Chamber of Commerce and the Downtown Business Association to advise them
of the availability of the Center.
. Placed rental information in the Parks, Recreation and Open Space Brochure.
The process began in May 1996 and ended in January 1997 with the completion of the rental brochure.
From the inquiries received, it is evident that there are two main reasons why the facility is not being
actively rented. First, the prohibition of the serving of alcohol which is requested for parties, wedding
receptions, etc. and secondly, the 100% increase in the rental fee for non-residents. The applicable
legislation regarding these two policies is contained in City Ordinance 2.66040, as it relates to serving
alcohol in designated recreation facilities, and the Master Fee Schedule, Chapter 7, Section B.1. b., as
it pertains to non-resident fees.
I. Alcohol Policv: By City Ordinance, alcohol cannot be served at Norman Park Senior
Center; nor any other community center in the City. This was a deterrent to several
wedding reception inquiries. Currently, the Chula Vista Women's Club and Rohr Manor
allow alcoholic beverages to be served following approval of a permitting process.
Alcohol is allowed at these two facilities because the orientation of programming is for
adults. This is also one of the definitions of progranuning at Norman Park Center;
activities for senior adults.
[H:\Home\Parksrec\A1l3\ - NPALCFEE.A13]
7-~
Item:
Meeting Date: 09/23/97
Staff continues to believe that alcohol should not be served at the recreation community
centers such as Parkway, Lorna Verde and Lauderbach; due to the nature of recreation
programming for children and young adults.
2. Non-Resident Fees: The City established non-resident fees in 1993 for recreation
facilities. The non-resident fee for Norman Park Center rental is $200.00 per hour.
Because it was a new facility, with amenities not previously available in other City
recreation facilities, establishment of rental fees was delayed until a survey of similar
facilities could be completed. Once established, the resulting rental fees were very
competitive with other City/County facilities of comparable size and type. However, the
City's policy (Master Fee Schedule - Chapter 7, Section B.l.b.) relating to a non-resident
fee, appears to have made the rental fee prohibitive to non-residents. It is recommended
to eliminate this fee in order to be competitive in the market.
Shown below are tables reflecting the current and the staff recommended fee structure:
Current Fee Structure:
Chula Vista Women's $60.00/hr None $60.00 $300.00 w/alcohol
Club (+ current
staff salary) $200.00 w/o
alcohol
Norman Park Senior $lOO.OO/hr $200.00fhr $25.00 $250.00
Center (I staff
included)
Staff Recommended Fee Structure:
11'.... ". 'Li. ClIStridialFee SeCUrity DepoSit
.r: OJ -
Chula Vista $60.00/hr None $60.00 $300.00 w/alcohol
Women's Club + current staff (No Change) (No Change) (No Change)
salary $200.00 wlo alcohol
(No Change)
Norman Park Senior $100.00/hr None $25.00 $300.00 wlalcohol
Center 1 staff (No Change)
included Change $200.00 wlo alcohol
(No Change) Change
SUMMARY: Staff proposes to address the two concerns identified by potential renters by amending the
City Ordinance, as it relates to allowing serving of alcoholic beverages, and amending the Master Fee
Schedule by deleting the non-resident fee for Norman Park Senior Center. If these two rules are
[H:\Home\Parksrec\AI13\ - NPALCFEE.A13]
7~3
Item:
Meeting Date: 09/23/97
changed, the opportunities for renting Norman Park Senior Center should increase. The City would then
have two facilities of differing sizes (Norman Park Senior Center and Chula Vista Women's Club) that
could be utilized for activities such as wedding receptions and larger parties.
FISCAL IMPACT: Approval of the requested changes could increase the rental opportunities at Norman
Park Senior Center. In light of the lower actual revenue in FY 96/97 ($183 received against $8,500
estimated); staff has estimated anticipated revenue of $4,000 in FY 97/98.
Attachments:
"An _
Parks, Recreation and Open Space Commission minutes dated August 21, 1997
Commission on Aging draft minutes dated September 10, 1997 ~
County-wide Survey of Rental Facilities
Norman Park Senior Center Rental Brochure ~ot
"B" -
"e" -
liD" _
[H:\Home\Parksrec\AII3\ - NPALCFEE.A13]
7~'1
ATTACHMENT A
EXCERPT FROM AUGUST 21, 1997
PARKS
CITY OF CHULA VISTA
AND RECREATION COMMISSION
MINUTES
Thursday - 6:30 p.m.
Conference Room 2&3
August 21, 1997
276 Fourth Avenue
1. ROLL CALL
PRESENT: Chair Palma; Members Dennison, Helton, Radcliffe, Vaccaro, Rude,
Cochran
ALSO: Director Valenzuela, Deputy Director of Parks Foncerrada, Senior
Recreation Supervisor Beardsley, Acting Director of Planning Lee
5b. NPC Changes to Alcohol Ordinance
Director Valenzuela presented a brief report to the Commission noting that staff is
requesting that the Chula Vista Municipal Code be amended to allow alcohol to be served
at the Norman Park Center. Currently, the Center cannot maximize rental capacity
because alcohol is not allowed at the NPC. No hard liquor would be served, alcohol
would be limited to beer and wine.
Responding to questions from Commission members, staff noted that there have been
no problems at any of the other centers that allow alcohol; the Senior Board has not yet
voted on this item which will be presented at the September 2 meeting; this action would
not infringe on the time the seniors currently use the center; and none of the equipment
at the center would be used by renters. It was agreed that a courtesy report should be
presented to the Senior Board.
Regarding the non-resident fees, Director Valenzuela explained that the fees are like a
surcharge for those who do not reside in the City; staff feels the fees are so high now,
a non-resident fee is not necessary; the high fee makes it prohibitive for people to use
the center; and all revenue generated will be allocated to the City's general fund.
MSUC (Radcliffe/Helton) that the Commission accept staffs recommendation to
approve alcoholic beverages being served at Norman Park Center and amend the
master fee schedule contingent upon the approval of the Board at the Senior Club
(7-0-0).
MSUC (Dennison/Cochran) that as soon as the City has recovered some general
fund money, this item is revisited to make sure rentals don't monopolize the
Saturday times that were set aside for the seniors (7-0-0).
7;,5
EXCERPT
Attachment B
CITY OF CHULA VISTA
COMMISSION ON AGING
MINUTES
September 10, 1997
Wednesday
3:00 P.M.
Norman Park Center
CALL TO ORDER/PLEDGE OF ALLEGIANCE/SILENT PRAYER
1 , ROLL CALL
PRESENT:
Chair Valdovinos, Members Kennedy, Daum, Fabrick, Kelly, Lane, Scrivener
ABSENT:
None
STAFF:
Meredith Riffel
4a, Report on Amending City Ordinance 2,66,040 to Include Norman Park Senior Center in the
Designated Recreation Facilities which Allow the Serving of Alcoholic Beverages and
Amending the Master Fee Schedule, Chapter 7, Section B,1 ,b to Remove the Non-resident
Fee for Norman Park Senior Center Facility Rentals
Meredith Riffel gave a briefly recapped the report, stating that in FY 96-97 a study was done on
what type of cutbacks would least impact the senior center. Staff concluded that at that time a
potential source of revenue enhancement would be to rent out the NPC when it was not being used
with an established fee of $100 for residents and $200 for non-residents, There was to be no
alcohol allowed at any function, Ms, Meredith stated that they have seen people are not renting the
building due to the alcohol ban and the exorbitant non-resident fees, Other contributing factors are
that the center is only available on Saturday and Sunday nights and the 10:00 p,m, curfew,
Ms, Riffel explained that this staff report reflects the reduction of the non-resident fee and allowance
of alcohol, noting that the Women's Club allows alcohol to be served but there is no alcohol allowed
at any City facility recreation site,
Discussion ensued regarding insurance, staffing, age limits, paid security guards, and access to the
center earlier in the day, Ms, Meredith noted that the City does require insurance before renting
out a facility and requires 1 staff person to be on site for every 100 people to address the security
issues, The person who rents the facility must be 21 years of age, and the 10:00 p,m, time limit will
stay in force,
Ms, Riffel reported that the C,V, Senior Citizens Club Board supported the staff recommendation
to rent the facility with the condition that the rentals did not interfere with other programs in place,
Discussion followed regarding the fact that the revenue generated was going into the General Fund
and not into the Parks Department budget, fees reductions for seniors, and the possibility of allowing
Bingo to be played, Also addressed was the limited parking in the area; possible vandalism; and
impacts to the neighbors,
MSC (Daum/Kelly) To approve the staff recommendation.
7--~
Minutes, Commission on Aging
September 10, 1997
Page 2
Discussion centered around the need for security guards and the need for a non-resident (higher)
fee. Of primary concern was the issue of security guards necessary to keep order in a facility where
alcohol is being served. The commission was not entirely convinced that staff could do an adequate
job in handling clients who may drink too much and get out of control.
In response to those concerns Ms. Riffel stated that the City has not had problems at any facility
that allows the use of alcohol. Staff is properly trained to work those events.
Member Kennedy asked if they could amending the motion and separate the Master Fee Schedule
revisions and the alcohol ordinance.
Member Fabrick left before the vote was taken.
VOTE ON MOTION:
The motion was approved by the following vote, to wit:
AYES:
Chair Valdovinos; Members Daum, Lane, Scrivener, Kelly
NOES:
Member Kennedy
ABSENT:
Member Fabrick
Member Kennedy noted he was going to submit a minority report to Council stating his reasons why
he voted against the motion.
MSC (Daum/) to request all Saturday hours back (5-1-1; Kennedy voting no; Fabrick absent).
Member Kelly left at this time.
7-7
ATTACHMENT "C"
SENIOR FACILITY RENTALS COMPARISON
Facility Cost/Hour Size - people Deposit Staff Costs
Carlsbad Senior $40-$80/hour 160-250 $150.00 $7/hour/100
Center people
Coronado $500.00/6 hours 200 $300.00 required!??
Womens Club
EI Cajon $20-$300/hour 230 $100-$200 $1O-$40/hour
Escondido not renting
La Mesa Sr Ctr $10-44 30 - 150 people $100-$175 $lO/hour
La Mesa Com $11O/hour 400 max $300 included
Ctr.
Oceanside Senior $21-42/hour 100+ ?? $50-$250 $21/hour
Center
Poway $22-$55/hour 250-350 $100 included
San Marcos $30-$120 160-286 $150 $10/hr plus
$10.50
security/hour
Data acquired in January 1996
7~f(
ORDINANCE NO.
d. 7/J
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO INCLUDE
NORMAN PARK SENIOR CENTER IN THE DESIGNATED RECREATION
FACILITIES WHICH ALLOW THE SERVING OF ALCOHOLIC BEVERAGES
The City Council of the city of Chula vista does hereby
ordain as follows:
SECTION I: That section 2.66.040 of the Chula vista
Municipal Code is hereby amended to read as follows:
2.66.040 Sale or serving of alcoholic beverages in recreation
buildings prohibited.
A. Except as authorized in section 2.66.040(B), it is unlawful to
sell or serve any alcoholic beverage at any recreation center.
B. Alcoholic beverages may be served pursuant to a special permit
issued by the director of parks and recreation at the
following recreation centers: Norman Park Senior Center.
Chula vista Women's Club and Rohr Manor.
SECTION II: This ordinance shall take effect and be in
full force on thirtieth day from and after its adoption.
Presented by
Approved as to form by
~
Jess Valenzuela, Director of
Parks, Recreation and Open Space
rney
C:\or\266040
7/7 ~ /
RESOLUTION NO. J f? ? 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE,
CHAPTER 7, SECTION B. 1. b TO REMOVE THE NON-
RESIDENT FEE FOR NORMAN PARK SENIOR CENTER
FACILITY RENTALS
WHEREAS, the City established non-resident fees in 1993
for recreation facilities with the non-resident fee for Norman Park
Center rental being $200.00 per hour; and
WHEREAS, because it was a new facility, with amenities
not previously available in other City recreation facilities,
establishment of rental fees was delayed until a survey of similar
facilities could be completed; and
WHEREAS, once established, the resulting rental fees were
very competitive with other City/County facilities of comparable
size and type; and
WHEREAS, however, the city's policy (Master Fee Schedule
Chapter 7, section B. 1. b.) relating to a non-resident fee,
appears to have made the rental fee prohibitive to non-residents
and staff recommends the elimination of this fee in order to be
competitive in the market.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the Master Fee Schedule,
Chapter 7, section B.1.b to remove the non-resident fee for Norman
Park Senior Center Facility Rentals as follows:
Fapility Rental Non-Resident custodial security
Fee Fee Fee Deposit
Chula Vista $60.00/hr None $60.00 $300.00 wlaleohol
Women's Club + current (No Change) (No Change) (No Change)
staff salary $200.00 wlo alcohol
(No Change)
Norman Park Senior $100.00/hr None $25.00 $300.00 wlalcohol
Center 1 staff (No Change)
included Change $200.00 wlo alcohol
(No Change) Change
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks, Recreation and Open Space
C:\rs\normanpk.fee
713-/
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
8"
Item. ,
) fr? 7~ Meeting Date ~/oZ Y1?
RESOLUTION REPEALING RESOLUTION NO. 16003
REINSTATING THE CLASSIFICATION OF DEPUTY CITY
CLERK/RECORDS MANAGER TO THE MIDDLE MANAGEMENT
GROUP AND ESTABLISHING A SALARY RANGE OF $3,314 -
$4,028 PER MONTH
SUBMITTED BY:
City Clerv
(4/5ths Vote: Yes No x)
On June 28, 1996, the Deputy City Clerk resigned after almost seven years with the
City of Chula Vista; the position was middle-management. Before recruiting for a
replacement, it was necessary to address several issues.
At that time, the Human Resources Director's recommendation was to move the
position into the Unrepresented Unit as a non-exempt classification, thereby making
the position eligible for overtime. The Clerk preferred that the position remain within
the middle management group, but increase the pay to better reflect the position and
the expertise required. Council accepted the Human Resource Director's
recommendation; and the position was moved into the unclassified, unrepresented
group at a salary of $2,817 to $3,424 with overtime pay.
It became clear in the last recruitment that the pay level was a significant factor in our
ability to attract experienced candidates. Therefore, it was decided that a regional
market survey be done for this position prior to beginning a recruitment for the current
vacancy.
The following survey, which shows Chula Vista at 17.6 percent below the mean,
which is equivalent to $4028 per month, reinforces that our salary level is inadequate.
Thirty-one cities were selected for the survey. Out of the thirty-one, seven cities were
identified as closely corresponding to Chula Vista in level and type of duties and
responsibilities. The survey conducted by the Senior Personnel Analyst is attached
as Exhibit A. The seven cities and "E" Step salaries are:
Chula Vista
Bakersfield
Escondido
Fremont
$3,424
$3,773
$4,345
$4,042
Garden Grove
Oceanside
Pomona
Torrance
$3,543
$4,559
$3,767
$4,170
RECOMMENDATION: It is recommended that the classification of the Deputy City
Clerk be retitled as Deputy City Clerk/Records Manager and be placed in the middle
management group at a salary range of $3,314 to $4,028 per month.
7~/
Page 2, Item
Meeting Date
BOARD/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On March 18,1957, the City Council approved the appointment of the City Finance
Officer as the first Deputy City Clerk with the authority to act in the absence of the
City Cleric It was just ten years ago that the Deputy City Clerk started taking and
transcribing the City Council minutes; a trend that has occurred across the nation.
Prior to that time, it had always been the task of the City Cleric Approximately five
years ago, with the increase in technology and in volumes of paper records, many
Deputy City Clerks assumed the role of Records Manager.
DISCUSSION:
Since Chula Vista is the second largest city in San Diego County, and the 21 st largest
in the State, it is important that the Deputy City Clerk in Chula Vista, a key position,
be competitive in the market place. Within the last eight years, we have strived to
make the City Clerk's Office as technologically advanced as fiscally possible. Having
the City's records maintained in a consistent manner with current retention schedules
and effective preservation and purging programs, is essential. In San Diego County,
only the cities of Escondido and Oceanside have a records program superior to ours.
It is imperative that our program be maintained and to do that, we must remain
competitive in the marketplace to attract experienced candidates.
Due to staffing constraints, insufficient time is being spent in the area of Records
Management. We have spent approximately $350,000 to institute a City-wide
Records Program, but there are only two part-time employees to help maintain the
program. Therefore, records are not being adequately purged and destroyed, retention
schedules are not being re-evaluated periodically, audits are not being conducted, and
there is no one to assist the departments on a consistent basis. Having a Deputy with
records management experience would re-energize the program and utilize the
technological advantages we possess.
FISCAL IMPACT:
Staff recommends that the salary range for this position be established at $3,314 to
$4,028 per month. The position will not be eligible for overtime as a result of its
exempt status. There will be no fiscal impact on the FY 97/98 budget because of the
delayed hiring of the position since there are sufficient funds to support the hiring for
the remainder of the fiscal year.
attach:
Resolution
Exhibit A - The Survey
Job Description
Council Minutes: June 20, 1996 NOT SCANNw
Council Minutes: June 25, 1996 ~O'.rSCAN.N.ED
~~2
RESOLUTION NO.
/ '1'7715'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REPEALING RESOLUTION NO. 16003 REINSTATING THE
CLASSIFICATION OF DEPUTY CITY CLERK/RECORDS
MANAGER TO THE MIDDLE MANAGEMENT GROUP AND
ESTABLISHING A SALARY RANGE OF $3,314 - $4,028 PER
MONTH
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, after the Deputy City Clerk resigned in June 1996, the City Council
approved Supplemental Budget Request No. 26 for overtime pay for the Deputy City Clerk
position and moved the position into the unclassified, unrepresented unit; and
WHEREAS, a recruitment was conducted which did not attract qualified, experienced
candidates; and
WHEREAS, a regional market survey was conducted by the Human Resources
Department on the position; and
WHEREAS, thirty one cities were surveyed with seven cities identified as being closely
corresponding to Chula Vista in level and type of duties and responsibilities; and
WHEREAS, as a result of the survey, it was determined that the current E Step for the
position in the City of Chula Vista is 17.6 percent below the mean of $4,028.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby repeal Resolution No. 16003 to reinstate to the Middle Management group the
position of Deputy City Clerk/Records Manager at a salary of $3,314 to $4,028 to be
effective immediately.
Presented by
Approved as to form
~
Beverly A. Authelet
City Clerk
8<'---3
Exhibit A
DEPUTY CITY CLERK - SALARY SURVEY
by
Mary Thigpen, Human Resources
August 1997
The Director of Human Resources authorized a regional study for this position to gain a better
understanding of the level of responsibility and the associated duties for this position. How
other cities responded to their needs to provide the city council with city clerk support ranged
widely in the responses collected.
Overall, thirty-one cities were sampled and seven cities were later identified as likely or close
matches in level of staftlng and general responsibilities. These seven cities were then assessed
closely in terms of general structure, job requirements, and monthly top step salaries.
The survey covered the following questions:
. Whether the responding city had a city clerk that was either elected or appointed.
. Identification of the job class that this position fell into (general, executive, professional,
or managerial, etc.)
. Whether this person performed supervision of both full and part-time staff and at which
level.
. Whether the Deputy City Clerk took minutes.
f5--;f
Finding:s:
1. The mean salary was $4,028 for the seven cities and that the City of Chula Vista was
about 17.6% below the mean. Chula Vista is below the mean by $604 and would need
an increase of approximately 17.6% to achieve "market" level.
I CITY I MONTHL Y TOP I
STEP SALARY
Chula Vista 3,424.00
Bakerstield 3,773.00
Escondido 4,345.00
Fremont 4,042.00
Garden Grove 3,543.00
Oceanside 4,559.00
Pomona 3,767.00
Torrance 4,170.00
2. That five of the seven cities had "appointed" City Clerk positions In their City Clerk
function. (71 % ).
3. That three cities designated their Deputy City Clerk as a "management class" position
(43%), one city designated this position as "professional class" (14%), and three cities
designated this position as a general class position (43 %).
4. Under the question of whether the Deputy City Clerk supervised staff, it was found that
ALL (100%) of the cities used this position in as a supervisor (for hoth full time and
part-time staff). Staff mentioned were all in the clerical support area.
5. Lastly, five of the seven cities (71 %) in the study reported that their Deputy City Clerk
took minutes.
fT~
DEPUTY CITY CLERK/RECORDS MANAGER
(mid-management position)
(Salary: $3,314 - $4,028 per month)
DEFINITION OF THE POSITION: Under direction of the City Clerk, performs responsible
administrative and supportive duties in the Clerk's Office; assists the City Clerk in the day-to-
day functions of the department; and performs other duties as required; acts for and in the
absence of the City Cleric The applicant should be team oriented, professional, innovative,
and willing to work a schedule that includes evenings and weekends.
EXAMPLES OF TYPICAL TASKS:
. Performs manager functions in Clerk's Office; prepares and administers City Clerk
budgets, supervises purchases and payments of all accounts.
. Supervises office staff assigned and is responsible for scheduling and timely
completion of their work; performs employee performance evaluations.
. Interfaces with all departments in coordinating and implementing the City-wide Records
Management Program which includes preserving records to an optical imaging system.
. Conducts city-wide training in records management practices and procedures.
. Assists with an annual workshop for the training of Board, Commission, and
Committee members.
. Attends regular and special City Council, Redevelopment Agency, Housing Authority,
and Industrial Development meetings. Either be able to take, transcribe, and finalize
minutes; or dictate minutes for transcription.
. Assists City Clerk in conduct of elections, administration of state and city campaign
and disclosure laws, and the City's Conflict of Interest Code.
. Assists City Clerk with special projects and research assignments, as required.
. Acts for City Clerk in her absence and performs all statutory and other duties of that
office.
REQUIREMENTS
. Equivalent to completion of two years of college in information management, records
management, public or business administration, or related field. A Certified Municipal
Clerk (CMC) or Certified Records Manager ICRM) certificate is highly desirable, but not
required.
. Have three years of progressively responsible management level experience including
two years in a supervisory capacity preferably in municipal government.
. Have two years experience overseeing records programs which include evaluating and
updating retention schedules, destruction of records, overseeing a records center, and
the preservation of records.
;s-~
KNOWLEDGE, SKillS, AND ABILITIES
. Organizational and record keeping ability; detail oriented.
. Knowledge of computers; word processing and data base software programs; and
applications.
. Experience in supervision and evaluation of other employees.
. Effective interpersonal and public service skills.
. Ability to take and transcribe or dictate summary minutes and attend meetings at other
than regularly scheduled work hours, including evenings and weekends.
. Experience in overseeing records management programs including the handling of
active, inactive, and preservation of records.
. Ability to communicate with others in written and verbal form and to assimilate and
understand information in a manner consistent with the essential job functions.
. Ability to lift 25 pounds from ground level to over the head.
6//
Mrnules
June 20, 1996
Page 7
Supplemental 26, Deputy City Clerk:
Mr. Goss stated that there is a ==endation to move the position from mid-management to unclassified and
unrepresented. It is designed to put the position more at par with other comparable positions in the City sucb as
the secretaries to the Redevelopment Agency and to the Planning Commission. There will be a need to add to the
Clerk's budget $9,250 for overtime to implement that recommendation.
Councilman Rindone stated that he did Dot feel we needed to raise this at the same level.
Councilman Moot felt that what staff is saying is that they are going to have to hire a replacement and they are
going to have offer that persoD a salary and are going to Deed to know how much salary they can offer that person.
Mr. Goss slated that the salary is Dot as critical as whether overtime is going to be allowed.
City Clerk: Authelet stated that the position is cmrently mid-management, but the pay is very low. It didn't include
the amount of time that was really spent in overtime. It was irritating to the individual when there were other
positions in the City that were paid a higher ",te and did Dot have the responsibility that the Deputy had, Dor did
they woll< the Dumber of hours in overtime that she did; and yet because they were paid overtime, they would end
up with a higher pay. We are trying to deal with the issue DOW before we hire someone. In 1994-95, there were
171 hours spent in overtime just at City Council meetings. There were another 70 plus hours at Redevelopment
meetings as well as overtime spent in putting together the Council agenda packets.
Councilman Padilla stated that there are two options: set the salary base at a level that is attractive with no overtime
but they will put up with all the overtime hours or set the salary lower and allow for overtime. He was wondering
if would be better to have the Deputy's position set at a low salary with overtime. He asked if there was a way,
based on the position's responsibilities, that the number of overtime hours could be reduced.
City Clerk Authelet responded that she would try to stagger the hours in order to reduce the overtime.
Councilman A1evy asked if the previous deputy had any compensation time off in lieu of the overtime.
City Clerk Authelet responded that she had just the management leave of five ext", days a year off.
Mayor Horton stated that staff needed to come back to Council with some backup data showing what some of the
comparables are for this type of position throughout San Diego County or Southern California.
Director Emerson stated that her concern was that the position was not truly a mid-management position. It didn't
fit well anymore with the level of duties and responsibilities of mid-managers. Originally it was designed to be an
office supervisor with the span of control being greater. Since a position has been deleted from the Clerk's budget,
it doesn't make sense to have the Deputy supervise the office when there is only one other employee. This takes
away a significant part of what made the classification mid-management. That, combined with the fact it is so
similar to two other classifications that aren't mid-management, creates an equity issue.
Councilman Moot felt that what has been proposed makes sense. He felt that before Council approved this, they
would want to know what a comparable position gets paid in other cities of similar size to make sure we are Dot
over paying the position.
(f~~
Minutes
June 25, 1996
Page 7
,~.
Supplemental Budget Item 26: Deputy City Clerk position. To change from middle management to
unrepresented group. The request is to change the represented class for the Deputy City Clerk and to add monies
for overtime.
Councilman Moot asked if this could come in less than $9,000 if the Clerk could control flex time and keep the
overtime down. City Clerk responded yes.
Councilman Rindone stated be was definitely opposed to it. The person was very highly qualified wbo was in the
position. Indicating that you could not get a highly qualified person for the same salary, sends the wrong message.
Councilman Alevy felt that it sends the wrong message 10 a very qualified person. This is a tough budget year and
$9,000 bere can make a substantial difference somewhere else. He felt we could hire someone very qualified.
Maybe next year we revisit this.
Councilman :Moot looked at the memo and how the figures pla)'ed out over the cities. His assessment was that you
won't be able 10 effectively fill this position without making the adjustment which has been suggested. If you look
at wbat other cities are paying for this position, we are clearly not doing it the way the competition is.
City Clerk Authelet staled that this position is also working at a higher level than at least two other positions in the
city who made more than tbe Deputy made even without the overtime.
,~\
. :.1
Councilman Padilla stated that if we are looking at potential overtime only; we are not even making the base salary
more competitive for this position which in better times could be justified. Although there is a lot more information
that could be relevant in making a decision like this, however, he was comfortable in going forward. If we fmd
out that we need to go back and reevaluate and restructure the office or redefine the position at some future point,
then that is wbat we will need to do.
Mayor Horton felt that with the work load with only three staff members compared to seven in Oceanside, she did
not feel it was an unreasonable request.
MSC (MootlHorton) to approve the budget request of $9,250 for o"ertime for the Deput)' City Clerk. Motion
approved 3-2 (Alev)' and Rindone, no).
Councilman Rindone stated he was not prepared to ,;,.ke a change from the previous decision. Unless there are
three others that are, the additional $10,000 would be included.
. ... ... ... ...
';;;;
COUNCIL AGENDA STATEMENT
Item: 9
Meeting Date: 9/23/97
ITEM TITLE:
Resolution /?'7~~roving the Articles ofIncorporation and Bylaws of
the Chula Vista Veterans Home Support Foundation, and Directing Staff to
Assist with Filing of the Articles and Obtaining Tax-Exempt Status for the
Foundation and Appropriating Funds in the Amount of $1,000 to Finance
Application Fees for Tax-Exempt Status.
SUBMITTED BY:
City Attorney~<1lV\ K
Director of Human Resou:?l~
CitYManagerJ~ ~ ~)
(4/Sths Vote: Yes_No_)
REVIEWED BY:
In accordance with Council Policy 110-12 (Use and Sponsorship of Non-profit Organizations in
Relationship to the Boards and Commissions of the City). the Veterans Advisory Commission
enlisted Staff assistance in forming the Chula Vista Veterans Home Support Foundation. The
articles of incorporation and bylaws for the Foundation have been drafted and are ready for filing.
RECOMMENDATION: Staff recommends that Council approve the Foundation's Articles of
Incorporation and Bylaws and direct staff to assist with the filing of same to obtain tax-exempt
status.
COMMISSION RECOMMENDATION: The Veterans Advisory Commission recommends that
Council approve the Articles of Incorporation and Bylaws as submitted and provide staff assistance
to complete the filing and obtain tax-exempt status for the Foundation.
DISCUSSION: In May of 1996, Veterans Advisory Commission asked staff to assist in forming
a non-profit entity to assist in fund raising efforts in support of the Chula Vista Veterans Home. The
Commission saw the advantages of a non-profit foundation as fund raising facilitation, tax-
deductible status of donations, and volunteer attraction. Following the guidelines detailed in
Council Policy 110-12 Use and Sponsorship of Non-profit Organizations in Relationship to the
Boards and. Commissions of the City (Attachment A), staff drafted the articles of incorporation and
bylaws for the new foundation for the Veterans Advisory Commission.
The proposed final Articles of Incorporation and Bylaws (Attachments B and C, respectively) for
the Chula Vista Veterans Home Support Foundation were drafted directly from the "checklist" of
items contained in the Council Policy and comply with each of the conditions of formation required
by the Council. The Articles of Incorporation and the Bylaws set forth the nature and purpose of
the organization, the mission statement, limitations of the powers of the corporation, membership,
9~J
board of directors composition, election of officers, amendment procedures, and dissolution
procedures.
Key provisions of the documents are summarized below:
1. PUI:pose of Organization. The corporation is organized for the specific purpose of
promoting the interests of and raising money in support of the Chula Vista Veterans
Home. The Veterans Home is a publicly funded residence and congregate care
facility for United States Military Veterans operated by the State of California
Department of Veterans Affairs.
2. Ongoing City Control Any change in the purposes of the corporation, or in the
material terms of its Articles or Bylaws, requires the prior approval of the City
Council. The Board of Directors may not dissolve the corporation until the City
Council approves a plan for distributing assets to either the City or another
organization dedicated to continuing the Foundation's purposes.
3. Meetings and Documents Open to Public Board meetings shall be conducted in
accordance with the Brown Act. Corporation records will be available for public
review. Board meetings shall be held quarterly unless otherwise specified by the
Board.
4. Board of Directors. The Board shall be comprised of at least 5 persons including the
Mayor, the County Supervisor from the City, and 3 members of the Chula Vista
Veterans's Commission. By majority vote ofthe Board, the Board may be expanded
to add up to 10 additional members. The Mayor and County Supervisor shall be
members for as long as they are in office, not to exceed 6 years. Other Board
members shall serve for up to two 2 year terms.
Staff has obtained from the City of Barstow copies of the State and federal tax exemption
applications that the Barstow Veterans Home Foundation filed to obtain their tax exempt status. The
Chula Vista Veterans Home Foundation sponsors will be able to use these forms to guide them in
completing their own applications. The City Attorney's office will advise the sponsors on any legal
issues that may arise.
FISCAL IMP ACT: The fiscal impact of this action involves the filing of specific forms with the
IRS, the Secretary of State and the Franchise Tax Board, estimated at approximately $600. There
is no fiscal impact to the City other than the staff time required by the City Attorney's Office
estimated at 15-20 hours to finalize corporate and tax-exempt filings and 5 to 10 hours thereafter
on an annual basis to provide general advice and assistance. If the time required materially exceeds
these estimates, staff recommends that the non-profit sponsors seek outside legal counsel to advise
them.
9-.2-
RESOLUTION NO.
J6? /9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ARTICLES OF
INCORPORATION AND BYLAWS OF THE CHULA VISTA
VETERANS HOME SUPPORT FOUNDATION, AND
DIRECTING STAFF TO ASSIST WITH FILING OF THE
ARTICLES AND OBTAINING TAX-EXEMPT STATUS FOR
THE FOUNDATION AND APPROPRIATING FUNDS IN THE
AMOUNT OF $1,000 TO FINANCE APPLICATION FEES
FOR TAX-EXEMPT STATUS
WHEREAS, in accordance with Council Police 110-12 (Use
and Sponsorship of Non-Profit Organizations in Relationship to the
Boards and Commissions of the City), the Veterans Advisory
Commission enlisted staff assistance in forming the Chula vista
Veterans Home support Foundation; and
WHEREAS, the Articles of Incorporation and Bylaws for the
Foundation have been drafted and are ready for filing; and
WHEREAS, the Veterans Advisory Commission recommends that
Council approve the Articles of Incorporation and Bylaws as
submitted and provide staff assistance to complete the filing and
obtain tax-exempt status for the Foundation.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula Vista does hereby approve the ArtiCles of
Incorporation and Bylaws of the Chula vista Veterans Home Support
Foundation and direct staff to assist with filing of the Articles
and obtaining tax-exempt status for the Foundation.
BE IT FURTHER RESOLVED that the sum of $1,000 is hereby
appropriated from the unappropriated balance of the General Fund
and transferred to Account 100-0143-5201 to finance application
fees for the tax-exempt status.
Presented by
Approved as to form by
Candy Emerson, Director of
Human Resources
A
Kaheny,
C: \ rs\articles. vet
9~
ARTICLES OF INCORPORATION
OF
CHULA VISTA VETERANS HOME SUPPORT FOUNDATION
Article I
Name
The name of this corporation ("Corporation") is Chula vista
Veterans Home Support Foundation.
Article II
Nature and Purpose of Organization
A. This corporation is a nonprofit public benefit
corporation and is not organized for the private gain of any
person. It is organized under the Nonprof it Public Benefit
Corporation Law of the State of California for public and
charitable purposes.
B. The specific purposes for which this corporation is
organized include, but are not limited to: promoting the interests
and raising money in support of the Chula Vista Veterans Home. The
Chula Vista Veterans Home is a publicly funded residence and
congregate care facility for united States Military Veterans
operated by the State of California Department of Veterans Affairs.
Article III
Agent for Service 'of Process
The name and address In the State of California of this
corporation's initial agent for service of process is:
Name: Robert McCauley
Address: 337 East Naples Street
Chula Vista, Ca. 91911
Article IV
Limitations of Powers of Corporation
A. The Corporation is organized and operated exclusively for
public and charitable purposes within the meaning of section
501(c) (3) of the Internal Revenue Code.
h:\home\attorney\cvvet.art
September 16, 1997
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B. Notwithstanding any other provisions of these Articles,
the corporation shall not carryon any other activities not
permitted to be carried on (1) by a corporation exempt from federal
income tax under section 501(c) (3) of the Internal Revenue Code, or
(2) by a corporation contributions to which are deductible under
Section 170(c) (2) of said Code, or the corresponding provisions of
any future statute of the united states.
C. No substantial part of the activities of this Corporation
shall consist of carrying on propaganda or otherwise attempting to
influence legislation; nor shall the corporation participate or
intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public
office.
D. The property of this Corporation is irrevocably dedicated
to the public and charitable purposes for which it is formed, and
no part of the net income or assets of the Corporation shall ever
inure to the benefit of any director, trustee, member or officer of
this corporation, or to any private person.
E. This Corporation may not alter or amend its specific
purposes set forth in Article II hereof without the formal approval
of the City Council of the city of Chula Vista. This limitation
can not be amended without approval of the City Council of the City
of Chula Vista.
F. This Corporation may not use the City of Chula vista's
sponsorship, including the use of its name, funding, staff time,
logo, facilities, etc, for any activity that either is inconsistent
with an approved policy of the City or is directly disapproved by
the City Council. This limitation can not be amended without
approval of the City Council of the city of Chula vista.
G. The Board of Directors may' hot dissolve this' Corporation
until the city Council of the City of Chula Vista shall have
approved the Board's plan for distributing any remaining assets to
the City or to an agency selected by the Board consistent with the
purpose for which they were acquired. Upon the dissolution of the
Corporation, any assets remaining after payment of, or provision
for payment of, all debts and liabilities shall be distributed to
the City of Chula Vista, a governmental entity described in section
170(b) (1) (A) (v) of the Internal Revenue Code, or to some other
agency selected by the Board which is consistent with the purpose
for which the contributions were acquired. This limitation can not
be amended without approval of the City Council of the City of
Chula Vista.
H. The financial records of the Corporation shall be open to
the public to be examined upon request of any member of the public.
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September 16, 1997
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~~
This limitation can not be amended without approval of the City
Council of the city of Chula vista.
I. Council members of the City of Chula vista will be
notified of all meetings of the Board of Directors of the
Corporation, and shall have the right to attend such meetings and
address the Board. This limitation can not be amended without
approval of the City Council of the City of Chula vista.
J. In the event of a liquidation of this Corporation, all
corporate assets shall be disposed of in such a manner as may be
directed by the court consistent with applicable provisions of the
California Corporations Code.
Article V
Members
The Corporation shall have no members unless the Board of
Directors shall otherwise specify in the Bylaws, and then, such
members which shall be so designated shall have such rights as may
be specified by the Board in the Bylaws.
Article VI
Board of Directors
A. The Corporation shall be governed by a Board of Directors
initially consisting of five (5) persons as follows:
1. The Mayor of the City of Chula Vista, or his/her
designee.
2. The County Supervisor representing the City of
Chula Vista, or his/her designee.
3. Three members in good 'standing of the City of Chula
vista Veteran's commission selected by a majority
vote thereof.
B. The Board of Directors may be expanded from five (5)
Directors to a maximum of fifteen (15) Directors by adding any
number of additional Directors, up to a' total of ten (10)
Directors, by a vote of a majority vote of the then existing Board
of Directors.
c. These qualifications cannot be amended without approval of
the City Council of the City of Chula vista.
D. Provided that they are consistent with the terms hereof,
the Bylaws of the Corporation, which may from time to time be
established and amended at the discretion and majority vote of the
h: \home\attorney\cvvet. art
September 16, 1997
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9~?
Board of Directors herein described, shall establish
and conditions governing the qualifications and
Corporation business by the Directors.
other terms
conduct of
Article VII
Amendments to Articles and Bylaws
Any amendment to the Articles and Bylaws, except as
specifically herein requiring the approval of the City Council,
shall be effective upon approval by the Board of Directors. Any
amendment to the Articles and Bylaws that herein require the
approval of the City Council shall be effective upon approval by
the city Council.
Article VIII
Trust Funds
The Corporation may establish one or more common trust funds
for the purpose of furnishing investments to it or to charitable
organizations, or to any organization, society, or Corporation
holding funds or property for the benefit of charitable
organizations. Notwithstanding the provisions of any general or
special law in any way limiting the right of any of the foregoing
or the officers or directors thereof, as fiduciary or otherwise, to
invest funds held by them, it shall be lawful for the Corporation
to invest any or all of its funds or property in shares or
interests of such common trust fund or trust funds; provided, that,
in the case of funds or property held as fiduciary, such investment
is not prohibited by the wording of the will, deed, or other
instrument creating such fiduciary relationship.
IN WITNESS WHEREOF, the undersigned, being the Incorporators
of the Chula vista Veterans Home Support Foundation in these
Articles of Incorporation and the initial Directors of the Board of
Directors, have executed these Articles of Incorporation on
, 1997.
INCORPORATORS
Print Name [print Name]
h: \home\attorney\cvvet. art
September 16, 1997 Page 4
9-;
DIRECTORS
[Print Name]
[print Name]
[Print Name]
[Print Name]
[Print Name]
DECLARATION
We are the persons whose names are subscribed below. We
collectively are all of the Incorporators and Directors of Chula
Vista Veterans Home Support Foundation named in the Articles of
Incorporation, and we have executed these Articles of
Incorporation. The foregoing Articles of Incorporation are our act
and deed, jointly and severally.
Executed on
, 1997, at Chula Vista, California.
We, and each of us, declare that the foregoing is true and
correct.
Incorporator
Incorporator
[Print Name]
[Print Name]
Director
Director
Director
[Print Name]
[print Name]
[Print Name]
Director
Director
[print Name]
[Print Name]
h: \home\attorney\cvvet. art
September 16, 1997
7/6
Page 5
BYLAWS OF
CHULA VISTA VETERANS HOME SUPPORT FOUNDATION
Article I
NATURE AND PURPOSE OF ORGANIZATION
1.1. The name of this corporation is Chula vista Veterans
Horne Support Foundation. This corporation is a nonprofit public
benefit corporation and is not organized for the private gain of
any person. It is organized under the Nonprofit Public Benefit
Corporation Law of the State of California for public and
charitable purposes.
1.2. The specific purposes for which this corporation is
organized include, but are not limited to: promoting the
interests and raising money in support of the Chula Vista
Veterans Horne.
Article II
MEMBERS
The Corporation shall have no members.
Article III
BOARD OF DIRECTORS
3.1. Number
The powers, business and property of the corporation shall
be exercised, conducted and controlled by a Board of Directors
consisting of no less than five (5) persons as follows:
1. The Mayor of the City of Chula Vista, or his/her
designee.
2. The County Supervisor representing the City of Chula
Vista, or his/her designee.
3. Three members of the city of Chula Vista Veteran's
Commission selected by a majority vote thereof.
The Board of Directors may be expanded from five (5)
Directors to a maximum of fifteen (15) Directors by adding any
number of additional Directors, up to a total of ten (10)
Directors, by a vote of a majority vote of the then existing
PAGE 1
9-r
Board of Directors.
3.2. Powers.
Subject to the provisions of the California Nonprofit Public
Benefit Corporation Law and any limitations in the Articles of
Incorporation and Bylaws relating to action required or permitted
to be taken or approved by the members, of this Corporation, if
any, the activities and affairs of this Corporation shall be
conducted and all corporate powers shall be exercised by or under
the direction of the Board of Directors.
3.3. Duties
It shall be the duty of the Directors to:
1. Perform any and all duties imposed on them collectively
or individually by law, by the Articles of
incorporation of this Corporation, or by these Bylaws.
2. Appoint and remove, employ and discharge, and, accept
as otherwise provided in these Bylaws, prescribe the
duties and fix the compensation, if any, of all
officers, agents and employees of the Corporation.
3. Supervise all officers agents and employees of the
Corporation to assure that their duties are properly
performed.
4. Meet at such times and places as required by these
Bylaws.
5. Register their addresses with the Secretary of the
Corporation and notices of meetings mailed or
telegraphed to them at such addresses shall' be valid
notices thereof.
3.4. Quorum for Meetinqs
A quorum for the Board of Directors shall consist of a
majority of the total number of Directors. Except as otherwise
provided in these Bylaws or in the Articles of Incorporation of
this corporation or Bylaw, no business shall be considered by the
Board at any meeting at which a quorum is not present, and the
only motion which the chair shall entertain at such meeting is a
motion to adjourn. However, a majority of the Directors present
at such meeting may adjourn from time to time until the time
fixed for the next regular meeting of the Board.
3.5. Maioritv Action as Board Action
Every act or decision done or made by a majority of the
PAGE 2
'1-/(/
Directors present at a meeting duly held at which a quorum is
present is the act of the Board of Directors, unless the Articles
of Incorporation or Bylaws of this Corporation, or provisions of
the California Nonprofit Public Benefit Corporation Law,
particularly those provisions relating to appointment of
committees (Section 5212), approval of contracts or transactions
in which a Director has a material financial interest (Section
5233) and indemnification of Directors (Section 5238e) require a
greater percentage or different voting rules for approval of a
matter by the Board.
3.6. Conduct of Meetinqs
Meetings of the Board of Directors shall be presided over by
the Chair of the Board, or, if no such person has been so
designated or, in his or her absence, the President of the
Corporation or, in his or her absence, by the Vice-President of
the Corporation or, in the absence of each of these persons, by a
Chairperson chosen by a majority of the Directors present at the
meeting. The Secretary of the Corporation shall act as Secretary
of all meetings of the Board, provided that, in his or her
absence, the presiding officer shall appoint another person to
act as Secretary of these meetings.
Meetings shall be governed by Robert's Rules of Order, as
such rules may be revised from time to time, insofar as such
rules are not inconsistent with or in conflict with these Bylaws,
with Articles of Incorporation of this Corporation, or with
provisions of the law.
3.7. Terms
The Mayor and County Supervisor shall serve for so long as
he/she holds such office; provided, however, such term shall not
exceed six (6) years. In the event'that the Mayor or' County
Supervisor continues to hold such title at the expiration of
their maximum six year term, such party shall nominate a
successor to serve in their place, subject to the approval of a
majority of the Board, until a new Mayor or County Supervisor, as
the case may be is elected or appointed and assumes such party's
position. All other Directors shall serve for a term of two (2)
years, but may be reappointed for an additional term of two (2)
years by vote of the Board of Directors (excluding such
Director).
3.8. Meetinqs
Meetings shall be held at the City Council Conference Room,
276 Fourth Avenue, Chula vista, California 91910 or at such place
within or without the State of California which has been
designated from time to time by resolution of the Board of
Directors. Unless otherwise determined by the Board of
PAGE 3
9-//
Directors, regular meetings of Directors shall be held on the
first day of each calendar quarter at 6:00 PM, unless such day
falls on legal holiday, in which event the regular meeting shall
be held at the same hour and place on the next business day.
Notice will be given by mail to all Directors ten (10) days prior
to meetings and shall also be noticed and conducted in accordance
with the requirements of the Ralph M. Brown Act, California
Government Code section 54950 et seq., as it may be amended from
time to time.
3 .9.
Special Meetinqs
Special meetings of the Board of Directors may be called
from time to time by the officers of the Corporation or by any
two Directors.
3.10. Compensation
Directors shall serve without compensation. However, upon
adoption of a policy for reimbursement of expenses by the Board
of Directors, they shall be allowed reasonable advancement or
reimbursement of expenses incurred in the performance of their
regular duties as specified in section 3.3 of this Article.
Directors may not be compensated for rendering services to the
Corporation in any capacity other than Director.
3.11. Non-Liability of Directors
The Director shall not be personally liable for the debts,
liabilities, or other obligations of the Corporation.
3.12.
Insurance for Corporate Aqents
The Board of Directors may adopt a resolution authorizing
the purchase and maintenance of insurance on behalf of any agent
of the Corporation (including a Director, officer, employee or
other agents of the Corporation) against any liability other than
for violating provisions of law relating to self-dealing (Section
5233 of the California Nonprofit Public Benefit Corporation Law)
asserted against or incurred by the agent in such capacity or
arising out of the agent's status as such whether or not the
corporation would have the power to indemnify the agent against
such liability under the provisions of Section 5238 of the
California Nonprofit Public Benefit Corporation Law.
Article IV
OFFICERS AND DUTIES
4.1. Officers
The officers of the Corporation shall consist of a
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9~/~
President, Vice-President, Secretary and Treasurer to serve for
one year each. The officers shall serve without compensation
unless approved by the unanimous vote of the Board of Directors.
In all cases, any salaries received by officers of this
Corporation shall be reasonable and given in return for services
actually rendered for the Corporation which related to the
performance of the charitable or public purposes of this
Corporation.
4.2. Election
The officers shall be chosen annually by the Board of
Directors, and each shall hold his/her office until s/he shall
resign, be removed or otherwise disqualified to serve, or his or
her successor shall be elected and qualified.
4.3. President
The President shall be the executive officers of the
Corporation and, subject to the control of the Board of
Directors, shall have general supervision, direction and control
of the affairs of the Corporation. S/he shall preside at all
meetings of the Board of Directors.
4.4. Vice-President
The Vice-President shall, in the absence or disability of
the President, perform all duties of the President, and when so
acting, shall have the powers of, and be subject to the
restrictions upon the President. S/he will perform any
additional duties as assigned by the President.
4.5. Secretarv
The Secretary shall keep correct records of the proceedings
of all meetings of the Board of Directors and will be responsible
for mailing notice of upcoming meetings and minutes of the
immediate past meeting to all Directors and council members. S/he
will perform any additional duties as assigned by the President,
Vice-President, or Treasurer.
4.6. Treasurer
(a) The Treasurer shall keep and maintain adequate and
correct books of account showing the receipts and disbursements
of the Corporation, and an account of its cash and other assets,
if any. Such books of account shall, at reasonable times, be open
to inspection by any Director or member of the public, and shall
report status of accounts at the regular Board of Directors
meetings.
(b) The Treasurer shall deposit all moneys of the
PAGE 5
9-/3
Foundation with such depositories as are designated by the Board
of Directors, and shall disburse the funds of the Corporation as
may be ordered by the Board of Directors. Disbursements can be
made by the Treasurer or any other designated official when the
Treasurer is not available. Two (2) authorized signatures of
officers shall be maintained at the banking institution.
(c) Establishment of a petty cash fund is authorized not to
exceed fifty dollars ($50.00). This fund will be placed in the
custody of the Treasurer. The Corporation is not authorized to
incur indebtedness exceeding the balance in the Treasury.
(d) All expenditures in excess of one hundred dollars
($100.00) will be submitted to the Board of Directors for
approval prior to disbursement. The president, with due
consideration and appropriate consultation with at least two
officers may spend under $100 in an emergency situation
requiring expedient action.
Article V
COMMITTEES
5.1. The Board of Directors may, by a majority vote of
Directors, designate one or more of its members (who may also be
serving as officers of this Corporation) to constitute an
Executive Committee and delegates to such Committee any of the
powers and authority of the Board in the management of the
business and affairs of the Corporation, except with respect to:
1. The approve of any action which, under law or the
provisions of these Bylaws, requires the approval of
the members or of a majority of all of the ~embers, if
any.
2. The filling of vacancies on the Board or on any
Committee which has the authority of the Board.
3. The fixing of compensation of the Directors for serving
on the Board or on any committee.
4. The amendment or repeal of Bylaws or the adoption of
new Bylaws.
5. The amendment or repeal of any resolution of the Board
which by its express terms is not so amendable or
repealable.
6. The appointment of committees of the Board or the
members thereof.
PAGE 6
7~1
7. The approval of any transaction to which this
Corporation is a party in which one or more of the
Directors has a material financial interest, except as
expressly provided in section 5233(d) (e) of the
California Nonprofit Public Benefit Corporation Law.
By a majority vote of its members then in office, the Board
may at any time revoke or modify any or all of the authority so
delegated to an Executive Committee, and fill vacancies therein
from the members of the Board. The Committee shall keep regular
minutes of its proceedings, cause them to be filed with the
corporate records, and report the same to the Board from time to
time as the Board may require.
5.2. The Corporation shall have such other committees as
may from time to time designated by resolution of the Board of
Directors. Such other committees may consist of persons who are
not also members of the Board. These additional committees shall
act in any advisory capacity only to the Board and shall be
clearly titled as "advisory" committees.
5.3. Meetings and action of committees shall be governed
by, noticed, held, and taken in accordance with the provisions of
these Bylaws concerning meetings of the Board of Directors, with
such changes and the context of such Bylaw provisions as are
necessary to substitute the committee and its members for the
Board of Directors and its members, except that the time for
regular meetings of committees may be fixed by resolution of the
Board of Directors or by the committee. The time for special
meetings of committees may also be fixed by the Board of
Directors. The Board of Directors may also adopt rules and
regulations pertaining to the conduct of meetings of committees
to the extent that such rules and regulations are not
inconsistent with provisions of these Bylaws.
Article VI
ASSETS
The property of this Corporation is irrevocably dedicated to
the public and charitable purposes for which it is formed, and no
part of the net income or assets of the corporation shall ever
inure to the benefit of any director, or officer of this
Corporation, or to any private person.
Article VII
DISSOLUTION
The Board of Directors may not dissolve this Corporation
until the City Council of the City of Chula Vista shall have
PAGE 7
9~K
approved the Board's plan for distributing any remaining assets
to the City or to an agency selected by the Board consistent with
the purpose for which they were acquired. Upon the dissolution
of the corporation, all debts and liabilities shall be
distributed to the City of Chula Vista, a governmental entity
described in Section 170 (b) (1) (A) (v) of the Internal Revenue
Code, or to some other agency selected by the Board which is
consistent with the purpose for which the contributions were
acquired. This limitation can not be amended without approval of
the city Council of the city of Chula vista.
Article VIII
AMENDMENT TO BYLAWS
Any amendment to the Bylaws, except as specifically herein
requiring the approval of the City Council of the City of Chula
Vista, shall be effective upon approval by the Chula Vista
Veterans Home Support Foundation Board of Directors. Any
amendment to the Bylaws that herein require the approval of the
City Council shall be effective upon approval by the City
Council.
WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We, the undersigned, are all of the persons named as the
initial Directors in the Articles of Incorporation of Chula vista
Veterans Home Support Foundation, a California Nonprofit
Corporation, and pursuant to the authority granted to the
Directors by these Bylaws to take action by unanimous written
consent with a meeting, consent to, and hereby do, adopt the
foregoing Bylaws consisting of ____ pages, including this page,
of the Bylaws of this Corporation.
DIRECTOR
DATE
DIRECTOR
DATE
DATE
DIRECTOR
DATE
DIRECTOR
DATE
DIRECTOR
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7~/1
This is to certify that the foregoing is a true and correct copy
of the Bylaws of the Corporation named in the title thereto and
that such Bylaws were duly adopted by the Board of Directors of
said corporation.
DATE
SECRETARY
C:\doc\bylaws,VET
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
12/?YO
RESOLUTION AUTHORIZING THE TRANSFER OF 1996 LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $33,000 FOR
THE HIRING OF A GRANT WRITER, TO BE REALLOCATED TO SUPPORT
THE HIRING OF A LIEUTENANT $6,000; GRANT WRITING POLICE
OVERTIME $25~00 AND&AGRANT TEAM TRAINING $2,000.
Chief of Polic~ W. JV~
City Manage~~ U::----.... (4/5ths Vote: YesX No_l
Item
Meeting Date 09\23\97
/[J
SUBMITTED BY:
REVIEWED BY:
During the FY 96-97, Council accepted and appropriated 1996 Local Law Enforcement Block Grant
funds in the amount of $257,401 for payment of personnel, overtime and purchase of equipment.
All of the programs with one exception (the hiring of a contractual grant writer) have been
implemented or are in process. The grant disallows the use of funds for contractual services.
Staff is requesting Council reprogram these funds for overtime and training to supplement our in-
house grant writing program.
RECOMMENDATION: That Council approve the transfer of $33,000 originally allocated for hiring
of a grant writer to instead be spent on additional overtime and training as follows:
1. Transfer $6,000 from the FY 96 Local Law Enforcement Block Grant (account 100-1087-
5202) to account 100-1040-5101 for salary.
2. Transfer $25,000 from the FY 96 Local Law Enforcement Block Grant (account 100-1087-
5202) to account 100-1087-5103 for overtime.
3. Transfer $2,000 from the 1996 Local Law Enforcement Block Grant (account 100-1087-
5202) to account 100-1087-5224 for Training.
BOARDS/COMMISSIONS RECOMMENDATION: The Local Law Enforcement Block Grant requires
a local advisory board approval of the use of funds prior to distribution and reprogramming. As
approved by the Council during the FY 96-97 budget process, a local advisory board consisting
of the specific composition required by the grant was set up to review the grant application. The
advisory board recommends approval of the Local Law Enforcement Block Grant reappropriation
as proposed. The local advisory board is comprised of one representative from the following
agencies:
Local Law Enforcement Agency - Rick Emerson, CVPD
Prosecutor's Office - Joan Stein
Court System - Judge Jesus Rodriguez
School System - Lowell Billings
Non Profit - Pam Smith
) 0 ~ I
Page 2, Item _
Meeting Date 09\23\97
BACKGROUND:
The Omnibus Fiscal Year 1996 Appropriation Public Law 104-134 provided $503 million for the
implementation of the Local Law Enforcement Grant Program administered by the Bureau of
Justice Assistance (BJA). Of the $503 million appropriation, $459 million was designated for local
law enforcement. These funds were allocated to each city based on a three-year average of Part
1 Violent Crimes. Part 1 Violent Crimes are murder and non-negligent manslaughters, forcible
rape, robbery, and aggravated assault as reported by the FBI. Using this formula, Chula Vista
received $257,401 during FY 96-97.
On October 22, 1996, Council accepted and appropriated the $257,401 in funds from the Local
Law Enforcement Block Grant to pay for one full-time Animal Control Officer, .50 Crime Prevention
Specialist, $10,000 in Patrol overtime, $33,000 for contractual grant writing services and
$95,783 for equipment (see Attachment 1).
DISCUSSION:
As part of the FY 96-97 Local Law Enforcement appropriation, Council authorized the use of
$33,000 for contractual grant writing services to seek new funding sources, to enhance
community policing efforts and minimize the cost of police services on the General Fund.
Recognizing that adding additional staff requires a potential commitment from the General Fund
for reoccurring costs, the department proposed to use contractual grant writing services.
Subsequently, the department was notified by the BJA that the funding of contractual services
was not an authorized expenditure of the Local Law Enforcement Block Grant. After additional
research and evaluation of alternatives, including the potential hiring of a grant writer, the
department created a grant committee to develop the grant writing expertise internally. Use of
existing staff is less expensive than a grant writing consultant. This is a valuable skill to develop
internally. Grant writing members of the Department assist staff to think in program development
terms. Grant writing staff already know departmental programs and needs well and are more
credible to funding sources than are those not actually involved in the work of the department.
The grant committee's use of internal grant writers has been an effective tool in obtaining
additional funds for the department. In the grant committee's first year, team members wrote 6
grants:
FUNDING SOURCE PURPOSE AMOUNT FUNDED
U. S. Dept of Justice Domestic Violence $150,000 Yes
U. S. Dept of Justice Residential Burglary 100,000 Yes
State of California, Dept. of ABC Enforcement 100,000 Yes
Alcoholic Beverage Control
Justice Foundation Recognize CAST 10,000 Rejected
California Office of Criminal Gang Mentoring 50,000 Rejected
Justice Planning
U. S. Dept of Justice Strategic Planning 140,000 TBA
!o-)--
Page 3, Item _
Meeting Date 09\23\97
The committee generated $350,000 of grant income with an overtime expenditure of just $10,000,
or a cost of 3 percent of grant income. An additional $140,000 may be awarded soon from the
committee's efforts, reducing the grant writing cost to only 2 percent of income.
The ABC grant was acknowledged by State authorities as the finest grant they received. The rejected
OCJP grant placed 7th among 38 submitted. This was an outstanding first-time effort by a committee
member against experienced competitors.
Based on the success of this approach to develop grants, the department is requesting Council to
authorize the transfer of the $33,000 originally designated for hiring contractual services for grant
writing overtime and training. Grants typically take between 60 - 80 hours of research and writing at
a cost of between $2,400 and 4,000 per grant. Reallocated funds will allow for the preparation of
between 6 to 8 grants.
FISCAL IMPACT:
There is no negative impact to the General Fund as a result of reprogramming the funds for overtime
and training. The use of $33,000 is proposed as a one time allocation. Staff will continue to identify
other funding in subsequent years for supporting grant writing efforts. Based on our success rate staff
anticipates these expenditures will offset themselves with additional grant funding.
Attachment: Council Agenda Statement dated 10/22/96 NOT SCANNED
liq\) C:\wp51\scs\a1 13s\LLEBG.113 [September 16, 1997 (3:18pm)]
10,,3
RESOLUTION NO. /?f?'if_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TRANSFER OF 1996
LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS IN THE
AMOUNT OF $33,000 FOR THE HIRING OF A GRANT
WRITER, TO BE REALLOCATED TO SUPPORT THE
HIRING OF A LIEUTENANT $6,000; GRANT WRITING
POLICE OVERTIME $25,000 AND GRANT TEAM
TRAINING $2,000
WHEREAS, during FY 96-97, Council accepted and
appropriated 1996 Local Law Enforcement Block Grant funds in the
amount of $257,401 for payment of personnel, overtime and purchase
of equipment; and
WHEREAS, all of the programs with one exception (the
hiring of a contractual grant writer) have been implemented or are
in process; and
WHEREAS, the grant disallows the use of funds for
contractual services; and
WHEREAS, staff is requesting Council reprogram these
funds for overtime and training to supplement our in-house grant
writing program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the transfer of $33,000
originally allocated for hiring of a grant writer to instead be
spent on additional overtime and training as follows:
1.
Block Grant
salary.
Transfer $6,000 from the FY 96 Local Law Enforcement
(Account 100-1087-5202) to Account 100-1040-5101 for
2 .
Block Grant
overtime.
Transfer $25,000 from the FY 96 Local Law Enforcement
(Account 100-1087-5202) to Account 100-1087-5103 for
3.
Block Grant
training.
Transfer $2,000 from the 1996 Local Law Enforcement
(Account 100-1087-5202) to Account 1087-5224 for
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
rney
C:\rs\grant.lle
J D /L{
ITEM TITLE:
/-f
'/
.-c-- ,
r
SlJBMITTED BY:
REVIEWED:
A'I''l'ACHMlilN'l'
COUNCIL AGENDA STATEMENT
ITEM /~/11/
- ,/ /
Meeting Date: 10/22/96
) ;P/77
Resolution Amending the FY 1996-97 budget to
add 538,165 for I FTE Anima~ Control Officer, $23,453 for .5
Crime Prevention Specialist, $10,000 for patrol overtime, $33,000
for contractual grant writing services and 595,783 for equipment.
Resolution JrfX(/Accepting $257,401 from the Local Law
Enforcement Block Grant and Appropriating such funds to pay for
the additional positions, services and equipment.
Resolution J 8';17 ?Appropriating $25,740 (local match) from
Fund 214 Supplemental Law Enforcement Services Fund (SLESF) _
AB 3229; Citizens Option for Public Safety for purchase of
equipment.
Chief of po~
City Manager ff
(4/5ths YOTE: Yes X No~
During the FY 96-97 Budget process Council authorized the Police Department to pursue
funding under the Local Law Enforcement Block Grant and form an Advisory Committee to
review the use of funds as stipulated by the Block Grant. Additionally, Council directed the
Police Department to find funding for staffing of the Crime Prevention Program, cut during the
FY 96-97 budget process.
RECOMMEl\DATION: That Council Amend the FY 96-97 Budget and:
I) Appropriate 594,618 from the Local Law Enforcement Grant to pay for the addition of
I FTE Animal Control Officer, .5 Crime Prevention Specialists and Police Grant
Writer Services and 510,000 for overtime.
2) Appropriate 595,783 from the Local Law Enforcement Grant and 525,740 from AB 3229
Citizens Option for Public Safety for purchase of equipment.
3) Appropriate 557,000 from the Local Law Enforcement Grant to a minor CIP for
enhancing security measures.
/0 -c:;
/
Page 2 ITEM
Meeting Date: 10/22/96
BOARDS/COMMISSION RECOMMENDATION: The Local Law Enforcement Block Grant
requires a Local Advisory Board's approval of the use of funds prior to disbursement. As
approved by Council, during the FY 96-97 budget process, a Local Advisory Board consisting
of the specific composition required by the grant was set up to review the grant application. The
Local Advisory Board recommends approval of the Local Law Enforcement Block Grant
disbursements as proposed. The Local Advisory Board is comprised of one representative from
the following agencies:
Local Law Enforcement Agency - Rick Emerson, CVPD
Prosecutors Office - Joan Stein
Court System - Judge Jesus Rodriguez
School System - Lowell Billings
Non-profit - Pam Smith
BACKGROUND
The Omnibus Fiscal Year 1996 Appropriation Act, Public Law 104-134, provides $503 million
for the implementation of the Local Law Enforcement Block Grant Program, administered by
the Bureau of Justice Assistance (BJA). Of the $503 million appropriation, $18 million is
earmarked for drug courts, $11 million for Boys & Girls Clubs and $15 million for the
Washington Metropolitan Police Department, thus leaving $459 million for local law
enforcement. These funds are to be allocated to each city based on the three year average part
I Violent Crimes. Part I Violent Crimes are murder and non-negligent manslaughters, forcible
rape, robbery, and aggravated assault as reported by the FBI. Using this formula Chula Vista
is eligible to receive $257,401 which is less than surrounding local jurisdictions because our
crime rate is lower. Unfortunately, this grant does not allocate the funds on the basis of cases
cleared or a job well done.
GRANT REQUIREMENTS
The $257,401 grant allocation has a 10 % percent ($25,740) local match requirement. Funds
must supplement and not supplant. The funds must be used to reduce crime and improve public
safety through activities such as hiring, training, and employing new law enforcement officers
and support staff (includes animal control) as well as procuring equipment and technological
advances related directly to local law enforcement.
10 ~(a
Page g ITEM
Meeting Date: 10/22/96
DISCUSSION
The Police Department and Advisory Board recommend use of the funds in the following
manner:
Local Law Enforcement Support - $94.618
Add .5 FTE Crime Prevention Specialist ($23,453). As you may recall.
Council approved funding of the Crime Prevention Specialist Position through
December 1996 and requested the Police Department to identify other funding
opportunities to continue to provide crime prevention services. This grant
opportunity would fund the .5 FIE Crime Prevention Specialist through June 30,
1997. Continued full time funding of the position would be subject to Chula
Vista FY 97-98 budget deliberations.
Add $33,000 for contractual grant writing services to seek new funding sources
to enhance community policing efforts and minimize the cost of police services
on the General Fund. Recognizing that adding additional staff requires a potential
commitment from the General Fund for recurring costs, the department proposes
to use contractual grant writing services. The alternative to this proposal would
be to hire a grant writer. The pros and cons of both proposals will be evaluated
"H71"o'''Q after the department has had some experience with contractual grant
writing services. Staff believes this investment will pay for itself from new
monies brought in from grants. Funding for this program will be subject to City
budget deliberations.
Add 1.0 FTE Animal Control Officer ($38,165) to do community outreach and
provide service fo~ Chula Vista. Community outreach activities would include
greater involvement with the community and establishment of animal adoption
opportunities as well as distribution of educational information on the care of
animals and CV Shelter at Harbor Days. Bonitafest etc. This position would also
service Chula Vista and provide relief service to contract cities on an as needed
basis. Some of the cost of this position would be passed through in upcoming
animal services contract renegotiations.
Equipment Procurement - $95.783 + $25.740 tAB 3229 Local Match = $121.523
Purchase one Animal Control Truck ($25,631) for the new ACO position.
/b/7
Page 4 ITEM_
Meeting Date: 10/22/96
Purchase one Undercover Vehicle ($15,000) needed for investigations. Due to
changes in Federal law, the ability to get asset seizure vehicles has greatly
diminished. Additionally, there is no replacement program established for asset
seizure vehicles. As a result, the current fleet of asset seizure vehicles used for
undercover investigations are old and contributing to high maintenance costs.
Moreover, three of the undercover vehicles, beyond economical repair, were
recently sold at auction for a total of $5,000. These funds have been deposited
in the asset seizure fund (218). Staff will return to Council with a
recommendation on the use of these funds and purchase of additional undercover
vehicles at a later date. In the interim, staff recommends purchase of one
undercover vehicle from this block grant.
Purchase a Photo Imaging Booking Camera & Related Equipment ($52,523).
This equipment would provide for instant line-ups; eliminate the need for hard
files and save staff time as well as promote interagency coordination. The photo
image camera will take photographs of suspects, store the image in a computer
until it is needed. The image can then be recalled later by CVPD and any other
agency in the County with the same system. . CYED will also be able to access
other agency's photo files on an as needed;f6i/ilnmediate suspect identification
or for photo line-ups. This technology essentially replaces the booking 35 mm
camera, film and the need for hard files to store the images of the suspects. Staff
time will also be saved by reducing the amount of time required in handling film,
transportation to and from processing vendors, filing processed film, and making
prints of the negatives. The equipment has a useful life of 5 to 7 years. The
department anticipates it may last longer. There is no need for additional
personnel to operate the equipment. The equipment will be operated by the
booking person. Additionally, to limit the future liability of the General Fund,
this is proposed to be a one-time purchase with no replacement. This proposal
includes the Photo Imaging Booking Camera and related equipment. There will
be some monetary savings related to elimination of some 35mm film, Polaroid
film and processing fees paid for photos and negatives. The amount of savings
is unknown at this time and may be derived at after this system has been in
operation. Additionally, there may be some revenue generated from neighboring
cities willing to purchase instant photo line-ups from CVPD.
Purchase a Voice Stress Analyzer ($11,000) to replace future use of polygraphs. This
is an instrument that has proven itself valid and extremely accurate (98 %) and can be
utilized in live interviews, taped interviews, or to analyze telephone conversations. This
proposal would result in future savings to the general fund. The Police Department
currently pays for polygraphs at a rate of $105 each. We average about 35 polygraphs
} D- ~
Page 5 ITEM
Meeting Date: 10/22/96
a year. If the Voice Stress Analyzer proves to be as effective as the polygraphs, the
funds ($3,500) earmarked for polygraphs would be reduced from our budget. Most
police agencies throughout the State have disbanded their polygraph units as there is no
longer a need for the older, more expensive and less efficient technology. These agencies
are successfully using the Voice Stress Analyzer in criminal cases, internal interrogations,
and pre-employments. This new technology has proven to be an effective method of
getting a truthful confession and an invaluable investigative tool. Confessions obtained
from the use of a Voice Analyzer are admissible in Courts. The department believes that
having a Voice Analyzer on-site will be a cost effective critical part of the over-all
formula for the success in solving cases by obtaining confessions.
Purchase Ergonomic Work Stations and Equipment ($17,369) throughout the Police
Department. Based on input from the Risk Manager and advise from Sharp Hospital the
department has evaluated ergonomic needs and recommends purchase of the following
equipment. Purchase of this equipment will reduce injuries and defray future workers
compensation costs. These funds would be used to purchase as much of the following
equipment in critical need order:
23 Office Chairs
5 Office Desks
11 Wrist Rests
2 Copy Holders
4 Screen Filters
1 Keyboard Drawers
3 Back Rests
4 Foot Rests
4 VDT Riser/Stacker for Monitors
6 Fluorescent Light Fixtures
MINOR CIF - $57,000
Staff recommends a minor CIP be established for the purpose of enhancing security measures
at the Civic Center, City Jail, and remote locations throughout the City. Enhancement of
security measures at the Civic Center would include installation of cameras throughout the
Complex, command post, and securing the jail area. Remote locations to be targeted include
areas of special risk of incidents of crime such as the trolley area and the Chula Vista Center.
Additionally, staff will explore acquisition of a keycard system for the Civic Center.
10-1
Page 6 ITEM
Meeting Date: 10/22/96
FISCAL IMPACT
Personnel cost - This is a one year Block Grant allocation. As a result there are recurring costs
of ($38,165) associated with the Animal Control position to be partially passed through the
animal service contract renegotiations. The Crime Prevention Specialist ($23,453) will be
funded through June 1996 and subject to Chula Vista bu.dget deliberations. The $33,000 for
grant writer contractual services would, pay for \!hern_sel(j'rom new grant program funding
opportunities and would be subject to budget deliberations. The on-going annual cost would be
$71,165 (for ACO & grant writing services) minus reimbursements from the renegotiated animal
service contracts and grant funding. Additionally, the Police Department will continue to
explore other avenues to minimize the impact to the General Fund.
Equipment cost - The equipment purchases are proposed to be one-time purchases. There are
no recurring costs proposed for procurement of equipment (except vehicles) and the minor elP
to enhance security measures. The annual maintenance cost for the animal control truck and the
undercover vehicle is estimated to be $1,800 per vehicle.
Local Match Requirement - The matching fund requirement of 10% ($25,740) is proposed to
be appropriated from funds received under AB 3229 - Citizens Option for Public Safety (FUND
214). AB 3229 is the legislation which allocated $356,408 to the City for purposes stipulated
by the Citizens Option for Public Safety Program. Council held the public hearing accepting
these funds for police personnel and related equipment on October I, 1996. As stipulated by
the legislation, fund 214 Supplemental Law Enforcement Services Fund was established for
disbursement of these funds.
Attachment 1 - Budget Detail (Spreadsheet)
/0 J 10
ATTACHMENT 1
BUDGET DETAIL
FED. LOCAL LAW ENFORCEMENT BLOCK GRANT (FUND #100-1087)
Salaries & Benefits for positions:
(Animal Control Officer & .5 Crime Prevo Specialist)
Object
Description
ACO
CPS
Total
-------------------------------------------------------
5101
5141
5142
5143
Salary
Retirement
Flex Plan
Medicare
$28,046
4,653
5,059
407
$38,165
$17,868
2,796
2,530
259
$23,453
$45,914
$7,449
$7,589
$666
$61,618
$10,000
5103 Overtime for Patrol
5298 Other Contractual Svc (Grant Writer)
$33,000
5565 Automotive Equipment
(ACO Truck & Undercover Vehicle)
$40,631
5566 Office Equipment
$17,369
5567 Minor CIP (Security Measures)
$57,000
5568 Other Equipment (Voice Analyzer
& Photo Imaging Equip)
$37,783
Total
$257,401
Corresponding Revenue Account (FUND 100-3649)
LOCAL MATCH REQUIREMENT (FUND 100-1086)
5568 Other Equipment (Photo Imaging)
$25,740
/0 /11
COUNCIL AGENDA STATEMENT
II
L
H"EM /
MEETING DATE 9/23/97
ITEM TITLE: Resolution /878 I accepting California State Library - California Library
Services Act, Families For Literacy grant funds awarded to the Chula Vista
Literacy Team, appropriating funds, and amending FY 1997-98 budget to
include .49 FTE positions.
SUBMITTED BY: Library DirectorDY'vo@;
REVIEWED BY: City ManageUft te: YES ...x.. NO ~
The Chula Vista Literacy Team has been a arded a California Library Services Act Families For
Literacy grant from the California State Library to develop and offer special family literacy services to
adult learners and their young children. This is the seventh year that the Literacy Team has been
awarded this grant. These funds cannot be used to supplant the current tutor reading program.
RECOMMENDATION: That Council adopt the resolution accepting the Families For Literacy
grant funds, appropriating funds, and amending FY 1997-98 budget to include .49 FTE positions.
BOARD/COMMISSION RECOMMENDATION: On April 30, 1997, the Library Board ofTrustees
voted to support the Library's application for CLSA Families For Literacy grant funds. (See
Attachment A.)
DISCUSSION:
On June 3, 1997, the City Council ratified the Library's application for Families For Literacy grant
funds.
The Chula Vista Literacy Team has offered family literacy programming for the past six years. The
Family Reading Program was developed to break the intergenerational cycle of illiteracy by providing
in-service training for volunteer tutors whose learners are parents of young children, special library
programming for those learners and their families, and a home collection of quality children's books and
magazines for each participating family. The program involves partnerships with South Bay Head Start,
Chula Vista Elementary School District's Even Start program, and the Healthy Start Collaborative. The
grant includes funds to contract with an FFL Support Coordinator, as well as to hire a .12 Program
Presenter, a .35 Clerical Aid, and a .02 Bilingual Children's Library Associate.
FISCAL IMPACT: $21,000 will be received to implement this program through the Chula Vista
Literacy Team. These funds will be appropriated into fund 216 - 2163. (See Attachment B.)
NOT SCM'NED
//-1
RESOLUTION NO.
/ !)7~'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY
- CALIFORNIA LIBRARY SERVICES ACT, FAMILIES
FOR LITERACY GRANT FUNDS AWARDED TO THE CHULA
VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND
AMENDING FY 1997-98 BUDGET TO INCLUDE .49 FULL
TIME EQUIVALENT (FTE) POSITIONS
WHEREAS, the Chula vista Literacy Team has been awarded
a California Library Services Act Families For Literacy (FFL) grant
from the California State Library to develop and offer special
family literacy services to adult learners and their young children
which is the seventh year that the Literacy Team has been awarded
this grant; and
WHEREAS, these funds cannot be used to supplant the
current tutor reading program; and
WHEREAS, the grant includes funds to contract with an FFL
Support Coordinator, as well as to hire a .12 Program Presenter, a
.35 Clerical Aid, and a .02 Bilingual Children's Library Associate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept the $21,000 California
State Library - California Library Services Act, Families for
Literacy grant funds awarded to the Chula Vista Literacy Team.
BE IT FURTHER RESOLVED that the FY 1997-98 budget is
amended to appropriate $21,000 to Account 216-2163 as set forth in
Attachment B, attached hereto and incorporated herein by reference
as if set forth in full.
Presented by
Approved as to form by
David Palmer, Library Director
~f
ci
ttor ey
c: \rs\ClSA
I (-- ;+-
ATTACHMENT A
Library Board of Trustees
- 5 -
April 30, 1997
C. Issues Census
Director Palmer introduced Library Training Coordinator, Toni McKean. The
Trustees have been asked to participate in the issues census to help the library
prepare for the facilities master plan. Library staff will also participate in the issues
census. Board members suggested longer open hours, a ticket system to serve
people at the information desk, analysis of the type of reference questions asked at
the information desk, dialog between City and School libraries, a library foundation,
increase public support and awareness, broad based participation, more young
families in the Friends of the Library, and more front-line professional staff. These
comments will be categorized and returned to the Trustees.
III. NEW BUSINESS
A. Rosemary Lane Memorial
Trustees discussed some type of commemoration from the Board in memory of
Rosemary Lane. Trustee Alexander suggested naming a library foundation after her.
Trustees asked to revisit this issue when the library foundation is again discussed.
MSUC (AlexanderNiesca) the Library Board pursues setting up a foundation which
would bear the name "The Rosemary Lane Foundation."
B. Literacy Team's Families for Literacy Grant Application
MSUC (AlexanderNiesca) The Library Board of Trnstees supports the
Literacy Team's application for Families for Literacy grant funds.
IV. LffiRARYDIRECTOR'S REPORT
A. Internet
Director Palmer clarified an article in the Sunday, April 27, Union Tribune, which
stated that the Chula Vista Library would delay offering Internet Services to the
public until after the Supreme Court rules on the decency act. The Supreme Court
decision is so close that the Library may await this decision, but it is more likely that
technical and other difficulties will delay the start of public Internet service. Staff
has recently overcome the most onerous technical difficulties and is moving toward
resolution of internal support issues; i.e., time limits, number of
11~3
FAMa~SFORLlTERACYBUDGET
FY 1997-98
9/16/97
BUDGET ACCOUNT: 216-2163
5105 - Hourly Wages:
.12 Program Presenter
.3 5 Clerical Aid
.02 Program Assistant
5143 - Medicare (1.45%)
5145 - PARS (3.75%)
5301 - OfficeIProgram Supplies:
5319 - Family Literacy Resources:
5298 - Other Contractual
FFL Support Coordinator
5398 - Other Commodities
TOTAL:
$11,049.
$160.
$414.
$500.
$1,000.
$7,480.
$397.
$21,000.
JI~L(
ATTACHMENT B
COUNCIL AGENDA STATEMENT
/A
Item -B
Meeting Date 09-23-97
ITEM TITLE: Resolution I 8 781. AuthOrIzing the Mayor to execute an
agreement with the San Diego Unified Port District for receipt of
financial assistance in the amount of $30,000 and amending the
City's existing contract with the Chamber of Commerce for
production of the Harbor Days Festival to provide for the pass-
through of $30,000 of the Port funding to support that event and
appropriating funds therefore.
SUBMITTED BY: Public Information coordina~
REVIEWED BY: City Manag~ ~~\hS Vote: YesXNo_
In June 1997, the City submitted a financial assistance request to W San ~gO Unified Port District (Port)
for partial funding of the Chula Vista Harbor Days Festival. The Board of Port Commissioners approved
funding of $30,000 at their meeting of July 29,1997, and the Port requires that the City enter into a formal
agreement which stipulates conditions and City requirements for receipt of the approved funding. This
item executes that agreement for the Harbor Days Festival and amends the City's agreement with the
Chamber of Commerce to produce the event.
RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute an
agreement with the San Diego Unified Port District for receipt of financial assistance in the amount of
$30,000 and amending the City's existing contract with the Chamber of Commerce for production of the
Harbor Days Festival to provide for the pass-through of $30,000 of the Port funding to support that event
and appropriating funds therefore.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In June 1997, the City submitted financial assistance requests to the San Diego Unified
Port District for partial funding of the Harbor Days Festival, Summer "Pops" Concert, Arturo Barrios !OK
Invitational and Chula Vista Expo '98. The Board of Port Commissioners approved the funding for all four
events (for a total of $85,000) at their meeting on July 29, 1997. Following approval, the Port District
requires the City to enter into formal agreements which stipulate certain conditions and City requirements
for receipt of the approved funding. (Attachment "A") This agreement process was instituted by the Port
District in 1993, to ensure that all recipients of Port District funding were utilizing the funds for the
purposes indicated on the request for funding, and to ensure that the Port District was given adequate
recognition in advertising and promotions for events that are co-sponsored and partially or completely
funded by the Port District. The City has entered into similar agreements in the past for Port District
funding.
J}--"I
Meeting Date
Several weeks after the Port funding was approved, the city received a written request to provide "Exhibit
A" which briefly describes Harbor Days as well as the promotion and media activities that were designed
to help publicize the Port as a co-sponsor of the event. While the city staff returned "Exhibit A" just a few
days after the Port's letter and requested the contracts as soon as possible since the event was scheduled
on Sept. 20-21, the contracts were not received in time to bring this item to Council prior to the event.
Therefore, this is a bookkeeping action to transfer money after the event. If this should occur again in the
future, staff will inform Council ahead of time.
The Port District approved $30,000 to support the 1997 Harbor Days and Tall Ship Festival which was
held Saturday, September 20 and Sunday, September 21, 1997. The City has a contract with the Chula
Vista Chamber of Commerce to produce Harbor Days (Attachment "B"). The contract, which stipulates
funding allocated by the City during the FY 97-98 budget process, was executed with the Chamber to allow
the Chamber to proceed with the planning of the fall Harbor Days Festival. The contract was finalized
prior to receiving the Port District contract, and the Chamber contract is now being amended to include
the funding provided by the Port; this action amends the agreement to add the terms of the Port District
contract and provides for the pass-through of $30,000 of the Port District funding to the Chamber of
Commerce for production of the Harbor Day Festival. (Attachment "C")
The Port District has significantly reduced their financial grant program for the past several years, and they
expect this trend to continue with additional cuts required next year as well. The Port District reductions
have been applied to member cities as well as outside agencies requesting funds. These reductions have
decreased financial support of Chula Vista events by $14,500 in 4 years. In 1994-95, the Port District
helped in funding five City events for a total of $99,500, and in 1995-96 funded four events at $93,000.
This year's total funding is $85,000 for four events. The Port agreement includes a General Terms and
Conditions section which contains Hold Harmless language and insurance requirements. The City was in
full compliance with the insurance and hold harmless stipulations for the Harbor Days Festival, and the
City executed the Port District Tidelands Activity Permit which contained similar language and
requirements.
FISCAL IMPACT: The Port has approved $30,000 of financial assistance for this event, which
supplemented approved City funds of $12,000 for Harbor Days. In addition, the City provides a number
of services and support for an estimated total in-kind contribution of more than $21,000. With this action,
the City accepts $30,000 in unanticipated revenue and appropriates those funds to the community
promotions account number 100-0130-5202 for reimbursement of expenses for Harbor Days. Port District
funding greatly enhances the scope, quality, and diversity of this event, and benefits the City and its
populace by providing an attractive special event that attracts large numbers of people to the Bayfront.
Attachments: "A" - Port Agreement - Harbor Days and Tall Ship Festival
"B" - City Contract with Chula Vista Chamber of Commerce - Harbor Days Festival
"C" - Amendment to City Contract with Chula Vista Chamber of Commerce
I). -d-.-
RESOLUTION NO.
/g??~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE
IN THE AMOUNT OF $30,000 AND AMENDING THE
CITY'S EXISTING CONTRACT WITH THE CHULA VISTA
CHAMBER OF COMMERCE FOR PRODUCTION OF THE
HARBOR DAYS FESTIVAL TO PROVIDE FOR THE PASS-
THROUGH OF $30,000 OF THE PORT FUNDING TO
SUPPORT THAT EVENT AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, in June, 1997, the City submitted a financial
assistance request to the San Diego Unified Port District for
partial funding of the Chula Vista Harbor Days Festival; and
WHEREAS, the Board of Port Commissioners approved funding
of $30,000 for this event at their meeting on July 29, 1997, and
the Port is now requiring the City to enter into a formal agreement
which stipulates conditions and City requirements for receipt of
the approved funding; and
WHEREAS, the City is currently a party to an agreement
with the Chamber of Commerce for which additional funding is herein
being provided.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve a contract with the San
Diego Unified Port District in connection with the Chamber of
Commerce's production of the Harbor Days Festival to provide for
the pass-through of $30,000 of the Port funding to support that
event, on file in the office of the City Clerk as Document No.____
BE IT FURTHER RESOLVED that the City does hereby approve
the First Amendment with the Chula Vista Chamber of Commerce for
the Harbor Days Festival to provide for the pass-through of $30,000
of the Port funding to support that event and the Chamber's Agree-
ment to abide by all provisions of the Port District Agreement, on
file in the office of the City Clerk as Document No.
BE IT FURTHER RESOLVED
authorized and directed to execute
behalf of the City of Chula Vista.
that the Mayor
said Agreements
is
for
hereby
and on
BE IT FURTHER RESOLVED that the City Council does hereby
accept $30,000 in unanticipated revenue and appropriate those funds
to the Community Promotions Account 100-0130-5205 for reimbursement
of expenses for Harbor Days.
Presented by
Approved as to form by
\) -'::'
Jeri GUlbransen, Public
Information Coordinator
C:\rs\port.$
Attachment "A"
AGREEMEI\IT
This agreement is made by the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the CITY OF CHULA VISTA, a non-profit
corporation, herein called "Contractor."
RECITALS
1. Contractor has a program known as: "HARBOR DAYS AND TALL SHIP
FESTIVAL. "
2. The Program to be accomplished by Contractor contributes to a balance
of District navigational, commercial, fisheries, recreational and promotional programs
designed to enhance the well-being of San Diego Bay tidelands.
3. The Program to be accomplished by Contractor is of such nature that
the interests of District are better served by an agreement with Contractor than by
the performance of such a program by District.
THE PARTIES AGREE:
In consideration of the recitals and the mutual obligations of the parties as
herein expressed, District and Contractor agree as follows:
1. Proaram: Contractor shall conduct those program activities budgeted
and contained in Exhibit A, attached hereto and incorporated herein by reference as a
part of this agreement. Each specific program activity shall be subject to prior
approval of the District pursuant to the terms of Board of Port Commissioners Policy
Number 025.
2. Contract Administrator: The Community & Governmental Affairs
Department of the District is designated as the Contract Administrator of this
agreement and shall receive rind process all reports and requests for payment. All
1)--~
correspondence shall be sent to the following address:
Mr. Dan E. Wilkens, Senior Director
Community & Governmental Affairs
San Diego Unified Port District
Post Office Box 488
San Diego, CA 92112
3. Term of Aareement: The term of this agreement shall be from
August 1, 1997, through July 31, 1998.
4. General Terms and Conditions: The General Terms and Conditions
this reference are made part of this agreement.
attached hereto are incorporated by reference as though fully set forth herein and by
5.
Pavment:
District shall pay Contractor a sum not to exceed Thirty
Thousand Dollars ($30,000.00) to be used to perform the Program activities shown
in Exhibit A, subject to obtaining prior approval from the District as provided in
Section 1, above.
a. No payment shall be made by District if any report (see
Sections 1, 5, 8 and 9) required by this and previous agreements is not
on file at the time payment is due.
b. Payment shall be solely for reimbursement of expenses
already paid by Contractor. Requests for reimbursement shall be
submitted no more often than monthly and shall provide proof of both
incurrence and payment [See Section 5.c.(2)). Expenses must be
incurred within the term of this agreement.
c. Payments shall be made upon written request to the Contract
Administrator. Each request shall consist of:
(1) A formal request for reimbursement in the form
of a letter to the Contract Administrator. Only
1) /S-
expenditures for program activities for which prior approval
from the District was obtained will be reimbursed,
provided, however, the Contract Administrator may in
exceptional circumstances reimburse unforeseen expenses
relating to the funded objectives of the Contractor.
(2) Proof that the expenses were both incurred and
paid. Proof of incurrence and payment is defined in
General Terms and Conditions attached hereto. Expenses
must be incurred within the term of this agreement.
d. Final requests for payment shall be submitted within Sixty
(60) days after the end of the term of this agreement.
e. Payments shall not be made by District unless, and until, Contractor
has provided to Contract Administrator a plan, acceptable to said
Administrator, of appropriate public recognition or credit for the financial
assistance as described herein.
f. No portion of District funds under this agreement shall be used
for the purchase of awards, trophies, prizes, gifts, uniforms, capital
outlay or equipment or for the bUildup of reserves.
6. Excess Costs: District shall not be held accountable or liable for any
monetary losses incurred as a result of conducting said program. It is agreed that
District's monetary contribution is limited to that stated herein and that District shall
not be responsible for cash costs or support services.
7. Limits of District ResDonsibilitv: It is expressly understood and agreed that
this agreement constitutes the entire agreement between Contractor and District and
supersedes all prior negotiations. In no event shall Contractor be entitled to any
I ;;l /10
compensation, benefits, reimbursements or ancillary services other than as expressly
provided in this agreement. No modifications or amendments of this agreement shall
be valid unless duly authorized, reduced to writing and signed by the parties hereto.
8. Reoortina Reauirements:
a. Contractor shall submit a Quarterly Performance Report, if
applicable, which shall provide a quantitative indicator of the extent to
which the Program activities contained in Exhibit A have been met for
the immediately preceding quarter and fiscal year to date. This report
form shall be provided by the Contract Administrator.
b. Quarterly reports shall be accompanied by copies of publicity
and advertising material evidencing credit to the District for its financial
support.
c. Contractor shall inform Contract Administrator in writing upon
the resignation, retirement or discharge of its executive director or other
managing agent. or a majority change in the membership of the board of
directors.
9. Financial Disclosure: Within Ninety (90) days after the end of Contractor's
fiscal year, Contractor shall file with the Contract Administrator duly certified copies
of true, accurate and complete documents evidencing Contractor's financial status as
follows:
a. A statement of the expenditure of District funds by Program
activities identified in Exhibit A and compared with budgeted amounts.
b. A statement of compliance with the terms of the District's
agreement.
\ ),1
c. A statement of revenues and expenditures and a balance
sheet of all funds received by the Contractor.
d. If District funding is Twenty Thousand Dollars ($20,000.00)
or greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant. (If Contractor receives funding from Two (2) District fiscal
years during Contractor's fiscal year, financial disclosure shall include
separate data for each District fiscal year.)
10. No Third Partv Beneficiarv: This agreement is made and entered into for
the benefit of the District and Contractor only, and is not intended for the benefit of
any third party or any other person, and no such third party or any other person shall
be a third party beneficiary to this agreement or otherwise have the right to enforce
any provisions of this agreement.
11 . SiQnatures ReQuired: This agreement shall not be complete nor effective
until signed by either the Executive Director or Deputy Executive Director on behalf of
the District and by the other party.
DATED:
SAN DIEGO UNIFIED PORT DISTRICT
By
CITY OF CHULA VISTA
By
\J/~
GENERAL TERMS AND CONDITIONS
These general terms and conditions are part of the terms and conditions of the
attached agreement between the SAN DIEGO UNIFIED PORT DISTRICT, first party,
and the Organization or Organizations described in and signatory to the agreement.
1. Definitions:
a. "District" means the San Diego Unified Port District, a
public corporation.
b. "Executive Director" means the duly appointed, qualified
and acting Executive Director of District.
c. "Board" means the duly appointed, qualified and acting
Board of Port Commissioners of District.
d. "Organization" means the civic organization completely
directing and in complete control of its own affairs through its own
officers or member which is named in the attached agreement and is
Signatory thereto. Wherever used herein and when appropriate,
"Organization" shall be deemed to also mean "Contractor" or
"Corporation. "
e. "Related Parties" or "Subcontractor" means an individual
or entity with whom the Organization contracts in order to carry out the
program described in the attached agreement.
f. "Contract Administrator" means the duly appointed,
qualified and acting Contract Administrator as designated by the
Executive Director.
1 J----I
g. "Revenue" means funds received by the Organization from
various sources. All major sources of revenue must be listed separately.
Minor revenue sources can be listed separately or grouped.
h. "Expenditures" means funds disbursed by the Organization
for various expense categories. Where a budget has been established,
the expenditures should be grouped and recorded in accordance with
the budget. If a budget has not been established, then expenditures
would be grouped according to specific expense categories.
2. Proof of Incurrence and Pavment. Requests for reimbursement shall be
accompanied by proof of both incurrence and payment.
a. Incurrence shall be proven by invoice, bill, contract or other
document acceptable to Contract Administrator. All expenses must be
incurred within the term of the agreement between District and
Organization. Allowable exceptions shall be determined by Contract
Administrator.
b. Payment shall be proven by indicating the check number
and date of check on submitted invoice, bill, etc. Contract
Administrator may require canceled checks as additional support.
c. Request for reimbursement of payroll expenses shall be
accompanied by: i) an independently prepared payroll register, or ii) an
in-house payroll register and canceled payroll checks. Requests for
reimbursement of Payroll Taxes shall be supported by depOSitory
receipts or canceled checks used for paying the taxing authority.
d. District will not reimburse cash advances (e.g. travel
))."'-JO
expenses) or refundable deposits (e.g. telephone installation, rental
equipment).
3. Maintenance of Records. Organization shall keep, or cause to be kept,
true, accurate and complete records, including double entry books, a profit and loss
statement, and a balance sheet, making it at all times possible to determine the
nature and amount of revenue and expenditures. Accounting for all revenues and
expenditures shall conform to generally accepted accounting principles: A separate
accounting of the expenditure of funds received from the District shall be maintained
in the accounting records and financial reports. All of Organization's expenditures
and transactions shall be supported by documents of original entry such as sales
slips, cash register tapes, purchase invoices and receipts. Documents supporting a
profit and loss statement shall be retained by Organization until an audit of
Organization's records is conducted by District, or until a period of Three (3) years
has elapsed, whichever occurs first. Organization shall also maintain adequate output
information according to the following guidelines:
a. Information shall include quantitative measurements of
program effectiveness and/or output.
b. Information shall be as directly related to program funding
requirements as practical.
4. Insoection and Audit of Records. All books, statements, documents,
records and financial data of Organization shall be made available in the City of San
Diego and be open at all times for inspection and/or audit by District upon reasonable
notice. The District shall have the right to make copies or excerpts of pertinent
documents. Further, District has the option of conducting an audit of all books,
statements, documents, records and financial data of the Organization's related
\ ).--\ \
parties and/or subcontractors.
5. Financial Disclosure. Within Ninety (90) days after the end of
Contractor's fiscal year, Contractor shall file with the Contract Administrator duly
certified copies of true, accurate and complete documents evidencing the financial
status for Contractor's immediately preceding fiscal year as follows:
a. A statement of the expenditure of District funds by
program to be identified in the same categories as contained in the final
budget and compared with budgeted amounts.
b. A statement of compliance with the terms of this contract
with the District.
c. A statement of revenue and expenditures and a balance
sheet of all funds received by the Organization.
d. If District funding is Twenty Thousand Dollars ($20,000.00)
or greater, audited financial statements, including that mentioned in a, b
and c, above, must be prepared by an independent Certified Public
Accountant.
(If Contractor receives funding from Two (2) District fiscal years during
Contractor's fiscal year, Financial Disclosure shall include separate data for each
District fiscal year.)
6. IndeDendent Contractor. Organization is and shall at all times be and
remain an independent contractor and not an agent or employee of District.
7. Related Parties or Subcontractors. Services rendered to Contractor
through a subcontracted agreement shall be substantiated by detailed invoice.
Services rendered by a consultant shall be substantiated by invoice and contract
between Organization and consultant. Contract Administrator shall determine
!}/\)---
whether additional reporting or supporting documentation is necessary.
8. Hold Harmless. Contractor shall, to the full extent allowed by law,
defend, indemnify, protect and hold District and its agents, officers and employees
harmless from and against any claims, cause of action or damage or injury to person
or property, including injury to Contractor's employees, agents or officers, which
arise from or are connected with or are caused or claimed to be caused by the acts or
omissions of Contractor and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same;
provided, however, that Contractor's duty to indemnify and hold harmless shall not
include any claims or liability arising from the established sole active negligence or
willful misconduct of the District, its agents, officers or employees.
9. Insurance. The Executive Director may require Contractor to secure and
maintain liability insurance naming the San Diego Unified Port District as an additional
insured. Such insurance shall be secured from an insurance company acceptable to
the District and in an amount as may be required by the Executive Director.
Organization shall deliver to the District a certificate evidencing such insurance which
shall provide Thirty (30) days notice to be given to District in the event of a
cancellation.
10. Assionment. Organization shall not assign this agreement or any right
or interest hereunder without prior written consent of District. An assignment by
operation of law shall automatically terminate this agreement.
11. Interest of Oroanization. Organization, officers and members covenant
that they presently have no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this agreement. Organization further
1)--\)
covenants that in the performance of this agreement no person having any such
interest shall be employed.
12. Activities Prohibited. Organization agrees to the following prohibitions:
a. Organization shall not use directly or indirectly any of the
funds received from the District under this agreement for the following
purposes:
(1 ) To purchase awards, trophies, prizes, gifts,
uniforms or equipment.
(2) To support capital drives or buildup reserves.
(3) For any political or religious activities whatever.
b. Organization shall adopt and follow a policy prohibiting
endorsement of commercial products or services for purposes of
advertisement.
13. Eaual Oooortunitv and Non-Discrimination. Contractor hereby agrees to
comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair
Employment and Housing Act, and any other applicable Federal and State laws and
regulations hereinaher enacted prohibiting discrimination, including without limitation
laws prohibiting discrimination because of race, color, national origin, religion, age,
sex or handicap.
14. Withholdina of Funds and Termination. The District may withhold funds
from the contracting Organization and terminate its entire obligation upon notice to
the Organization if the Organization violates any of the terms of the agreement, or for
other good cause shown even if not related to a violation of the terms of the
agreement. The Executive Director shall thereaher advise the Board of the
notification of termination made to the Organization.
\') /IY
~V?-
~
--=---~-=
CllY OF
CHUlA VISfA
OFFICE OF THE CITY MANAGER
HARBOR DAYS AND TALL SHIP FESTIVAL
Exhibit A
The City of Chula Vista shall produce the Eleventh Annual Chula Vista Harbor Days and
Tall Ship Festival on September 20 and 21, 1997, on the tidelands along Chula Vista Yacht
Harbor and in Bayside Park. The City will provide overall administration and coordination
of the event. The event shall include two full days of activities including free tall ship tours,
four stages of entertainment, children's activities, a classic car show, business showcase,
food and beverage concession, crafts fair, and booths from a variety of community
organizations. City shall provide all required equipment and services for the event, which
includes, but is not limited to, the following:
A. Overall event coordination
B. Police services required for traffic and crowd control
C. Fire services required including EMT support
D. Free tours on tall ship "Californian" (under contract with City for public events/tours)
and the pirate schooner "Witch of Wood" as well as modern working vessels
E. Parks and Recreation staff services including clean-up in the park
F. Free shuttle bus service from parking areas to bayfront events
G. Public information services including development of publicity materials
City shall provide extensive promotions and media exposure for the event, identifying the
San Diego Unified Port District as co-sponsor of the event. Publicity shall include, but not
be limited to, the following:
A. Writing and mailing/faxing of press releases and photographs
B. Direct contact with local and regional media including newspapers, radio and TV
stations
C. Production and purchase of advertising
D. Design, printing and distribution of event flyers
E. Design, printing and distribution of event programs
F. Inclusion of Port vessels (i.e. Harbor Police) as part of ship tours/displays, if available
G. Invitation to Port commissioners to introduce event entertainment
H. Invitation to Port to have booth(s) which could include displays on recreational
activities on tidelands, efforts to clean up San Diego Bay, and/or trade and cargo
activities of the port
I. Features in special audience publications such as Chamber of Commerce
newsletter
J. Announcements on 1610-AM Traveler's Information Radio Station
K. Design and placement of exterior advertising on a number of Laidlaw trash trucks
that serve the South Bay Region
L. Placement of Port banners on stages and in other prominent event locations
, ;}---I S-
276 FOURTH AVENUE. CHULA VISTA.
J) 691-5031 . FAX (619) 565-5612
Attachment "8"
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE CHULA VISTA CHAMBER OF COMMERCE FOR THE HARBOR DAYS
FESTIVAL IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the 20th day of August, 1997, by and
between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as
"City", and the CHULA VISTA CHAMBER OF COMMERCE for the HARBOR DAYS
FESTIVAL, hereinafter referred to as "Chamber";
WITNESSETH:
WHEREAS, the Chamber is the primary organizer of the HARBOR DAYS
FESTIVAL, a special event promoting Chula Vista Harbor, to be conducted in the City of
Chula Vista on September 20 and 21, 1997, and
WHEREAS, both the City and the Chamber will benefit from the media exposure
attendant to the Festival, and
WHEREAS, the City of Chula Vista desires to encourage the beneficial aims of the
HARBOR DAYS FESTIVAL through appropriation of reasonable amounts of City funds,
and
WHEREAS, the City of Chula Vista has established a policy for consideration of
requests for funding by private organizations and individuals, and
WHEREAS, such policy stipulates that no expenditure may be made out of any
appropriation awarded said organization unless an agreement has been reached between
the parties setting out the terms and conditions for the expenditure of such funds.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. The organization known as the CHULA VISTA CHAMBER OF
COMMERCE/HARBOR DAYS FESTIVAL agrees to produce the Eleventh Annual Chula
Vista Harbor Days and Tall Ship Festival including free-to-the-public musical
entertainment, tall ship tours and related activities for the day-long event.
2. The CHULA VISTA CHAMBER OF COMMERCE/HARBOR DAYS
FESTIVAL agrees to expend City appropriated funds to meet bona fide obligations
incurred in performing services related to participation for the Harbor Days and Tall Ship
Festival, in an amount not to exceed $12,000, in fiscal year '97-98.
3. The Chamber agrees to list the City as a CO-sponsor of the Harbor Days
Festival and publicize the City in all releases and fliers, print advertising, programs and
information sheets.
\)~\y
4. The Chamber agrees to submit, within 60 days following the event, a
complete report of all expenditures and shall specifically list the purposes furthered by
the City appropriated funds of $12,000 for fiscal year '97-98.
5. That the City of Chula Vista, at its discretion, may require the CHAMBER
OF COMMERCE/HARBOR DAYS FESTIVAL to provide or allow the City to undertake
a complete financial audit of their records.
6. That the term of this Agreement shall be for the period from 08/20/97
through 06/30/98, unless further modified to include other permitted expenditures of funds
that are appropriated by the City of Chula Vista.
7. The Chamber agrees to indemnify and hold harmless the City against and
from any and all damages in property or injuries to or death of any person, or persons,
including employees or agents of the City, and shall defend, indemnify and hold harmless
the City, and its officers, agents and employees from any and all claims, demands, suits,
actions or proceedings of any kind or nature of or by anyone whomsoever in any way
resulting from or arising out of the negligent or intentional acts, errors or omissions of
Chamber, or any of its officers, agents or employees relating to the event.
8. The Chamber shall throughout the duration of this Agreement maintain
comprehensive general liability insurance covering all operations hereunder of Chamber,
its agents and employees with minimum coverage of one million dollars ($1,000,000).
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
Manager's Office, 276 Fourth Avenue, Chula Vista, California 91910, on or before
September 15, 1997.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set:forth.
- THE CITY OF CHULA VISTA
CHULA VISTA CHAMBER OF COMMERCE/
HARBOR DAYS FESTIVAL
f)~
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/
Cha
I
~
Chamoer Bo
1
Approved as to form by
~A-/L-~
t5ify Attorney
Date F ~-?7
/
I ).-.-- \ l
Attachment "C"
FIRST AMENDMENT TO AGREEMENT WITH THE CHULA VISTA
CHAMBER OF COMMERCE FOR THE HARBOR DAYS FESTIVAL
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS FIRST AMENDMENT, made and entered into the 23rd day of September, 1997, by
and between the CITY OF CHULA VISTA, a chartered municipal corporation, herein referred to
as "City", and the CHULA VISTA CHAMBER OF COMMERCE herein referred to as "Chamber"
for the HARBOR DA YS FESTIVAL, is hereby amended in the following regards only:
2. The CHULA VISTA CHAMBER OF COMMERCE/HARBOR DAYS FESTIVAL
agrees to expend City appropriated funds to meet bona fide obligations incurred in performing
services related to participation for the Harbor Day and Tall Ship Festival, in an amount not to
exceed $12,000 $42.000, in fiscal year '97-'98, on the condition the City receives funds for this
amendment from the Port.
9. By sillnature on this amendment. Chamber hereby allrees to abide by all of the
terms and conditions of the Citv's contract with the San Diego Unified Port District
("Port") for the Chula Vista Harbor Days Tall Shin Festival. as entered into bv the City and Port this
23rd dav of September and effective on the date as last executed by those parties. which conditions
are incOl:porated herein by reference as if set forth in full.
All other terms and conditions of the agreement with Chula Vista Chamber of
Commerce remain in full force and effect.
IN WITNESS WHEREOF, this First Amendment has been entered into the day and year
hereinabove set forth.
THE CITY OF CHULA VISTA
CHULA VISTA CHAMBER OF COMMERCE
Mayor of the City ofChula Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
'd--\~
COUNCil AGENDA STATEMENT
Iteffi.-l.3>
Meeting Date 09/23/97!
File 1320-50-DC
ITEM TITLE:
/~1f3
Resolution Accepting bids, awarding purchase order
contract, and appropriating funds for purchase of one sewer van
and pipeline inspection system.
Director Of Public Work ' ~
Director of Finance I.
SUBMITTED BY:
REVIEWED BY: City Manager ~ \?<<; /7 (4/5ths Vote: Yes~No_)
On June 3, 1997, bids were opened folJhe purchase of a Sewer Pipeline Inspection
System and van. Twenty five bid packages were sent out with five bidders responding.
None of the bidders are local companies. The lowest responsive bidder was Pearpoint,
Inc. Pearpoint's bid was for $144,986 plus applicable sales tax.
RECOMMENDATION:
to Pearpoint, Ine.
That Council authorize the appropriation and award the bid
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION: The FY 1996-97 Equipment Replacement budget included
$143,540 for the replacement of the City's existing (purchased in 1988) Sewer Pipeline
Inspection System (TV inspection) and van. In preparation of drafting the
specifications for the system, staff invited the better known companies to
demonstrate their products. Staff used these demonstrations as well as a knowledge
of the City's needs and experience with our current system to prepare the
specifications for the new system. Bids were received on June 3, 1997. Although the
specifications were very specific, it is understood in a bid such as this that exceptions
will be allowed (so as to not unnecessarily exclude companies) as long as they meet
the intent of the specifications and are not material. To ensure that any permitted
exceptions would not affect performance and maintenance, an exhaustive evaluation
was conducted by the Deputy Director of Public Works/Operations and his staff. Since
it was apparent that the evaluation would not be completed and the contract awarded
prior to the end of FY 1996-97, the funds for the purchase were reappropriated for FY
1997-98. The bids received are shown in the table below. The bids shown are as
received, although the only bidders that met all material specifications were Pearpoint
and Lasher Auto Center. This means that Pearpoint is the lowest responsive bidder.
IS -- \
Page 2, Item___
Meeting Date 09/23/97
Bidder Sewer Van ' Inspection Total
System
Cues Ine, * $49,300 $70,700 $120,000
Lasher Auto Center $49,000 $118,250 $167,250
Pearpoint $62,588 $82,398 $144,986
3-T Equipment $33,825 $79,887 $113,712
Aries Industries $23,587 $90,682 $114,269
Aries (alternate) $28,950 $90,682 $119,632
* The Cues bid includes an additional $6,000 option for a van with a
higher GVWR than was specified that is better able to support the
weight of the equipment. The other bidders included the higher
GVWR van as part of their bids.
All of the bidders (except Pearpoint and Lasher Auto Center) had exceptions to the
City's specifications. In some instances, the bidder agreed to change their bid to meet
the specifications. In others, staff determined that the exceptions were not material
and did not deviate from the intent of the specifications. The following discussion
will only include those exceptions that staff has determined are material and do not
comply with the intent of the specifications.
The specifications requested a multi-conductor system with a wheeled transporter.
The system bid by the apparent low bidder, 3-T Equipment, is a single conductor
system and is therefore unacceptable as this is a material deficiency. An explanation
of the two systems and their differences is attached. A single conductor system is
similar to the City's current system manufactured by Cues, Inc. Many of the
maintenance and operational problems with our current system are due to the nature
of a single conductor system as opposed to a multi-conductor system. The system bid
by the next apparent low bidder, Aries Industries, does not include an inclinometer or
Sondes (radio locator system) as required by the bid. Both of these systems are very
important and are material to the bid. An inclinometer is used to check that lines
without water in them (storm drains during the dry season or new sewer lines) do not
have sags and that lines have the proper rate of fall. The locator is used when the
exact location of a line or sewer entry point (manhole) are not known. In addition, the
lowest Aries bid did not include the type of van in the specifications and therefore the
alternative bid would be the bid considered.
Once 3-T and Aries were eliminated due to serious material deficiencies in their bids,
staff focused on Cues and Pearpoint. Cues is the manufacturer of the City's current
system. Our current Cues system is a single conductor rather than a multi-conductor
system. Cues now makes both single and multi-conductor systems and bid a multi-
conductor system as required in the specifications. Cues' transporter (the powered
machine that carries the camera in the sewer pipe) is a tracked system with treads
rather than wheels as required in the City's specifications. Staff specified wheels
rather than treads because of our experience with operational and maintenance
problems with our current system which has treads. Cues has, within the last year,
\3.-)/
Page 3, Item___
Meeting Date 09/23/97
introduced a new transporter that they call the "Shorty". This system is also a tracked
system. They indicate that this transporter has several improvements over our older
system:
. Because it is shorter, it is easier to maneuver in and out of sewer entry points
and in small 6 inch lines.
. The chain for the tracks (tread system) is now carbon steel as opposed to
stainless steel and will not stretch out of shape nearly as quickly as the old
one.
. The sprocket includes a formerly patented system that helps prevent it from
being clogged with grit and debris.
. The cleats on the chain are now riveted to the chain in two places instead of
just one, which helps them stay on longer.
. The extenders used to operate the transporter in different sized lines are
easier to change and help make the transporter more stable.
Unfortunately, the "Shorty" has not been on the market long enough to get meaningful
maintenance cost data.
The Deputy Director of Public Works/Operations requested additional demonstrations
from both Cues and Pearpoint to evaluate their systems. After those demonstrations,
consultation with sewer and GIS staff, and checking references, the Deputy Director
recommends that the City not accept the exception of a tracked system provided by
Cues, find that Pearpoint is the lowest responsive bidder (meaning that they met the
specifications) and award the contract to Pearpoint. The reasons for this are listed
below:
. During the Cues demonstration, staff believed that one of the lines to be
inspected was a 12 inch line and Cues set up the transporter accordingly. At
about the same point in the line, the transporter kept flipping over and had
to be retrieved. It was discovered that two of the screws that hold the chain
drive away from the transmission had come out and been chewed up by the
sprocket. The sprocket also lost three teeth. The transporter was also
switched to the configuration for a 10 inch line (which turned out to be the
size of the line). After that, the demonstration proceeded as planned. Cues
has indicated that having the transporter set up for 12 inch line placed the
center of gravity of the transporter and camera above the center line of the
pipe and caused the overturns. City staff isn't sure if it was that or the
problem with the sprocket and screws. This problem demonstrated one of
staff's concerns with tracked transporters. Because they have many more
moving parts than wheeled transporters, more can go wrong or break.
. During the demonstration, staff noted that the chain drive was very close to
the transmission casing and had scrape marks that indicated that the chain
was coming into contact with the housing. This could create problems in the
chain drive and may have lead to the problem with the screws coming out.
Cues has indicated that their normal practice (as is the City's) is to apply
LocTite to the screws so they don't come out accidentally.
. Discussions with references provided by both companies and other Cities'
personnel that Chula Vista staff knows indicates that Pearpoint's system may
be less expensive to maintain and not have as much down time. Staff
believes that over an eight to ten year period (the expected life of the
13-3
Page 4, Item___
Meeting Date 09/23/97
system), the lower maintenance costs and higher productivity will actually
make Pearpoint less expensive to own and operate. Whether it will be the
almost $25,000 difference in cost between the two is impossible to say.
As indicated above, after an extensive evaluation and bid analysis period, staff
recommends the Pearpoint system and believes that they are the lowest responsive
bidder.
Items that were not included in the bid were a notebook computer, a desk top
computer and a color printer. The Purchasing Agent and GIS staff indicated that it
would be more cost effective to purchase these items separately. Both computers will
be very powerful, graphics machines with high storage capacity and Iomega Jazz
drives so that the City's GIS maps can be loaded directly. The notebook will be used
for data collection and GIS integration in the field and the Desk top computer by
sewer supervisors and Department management to access both the new TV inspection
software and GIS. This will allow department management staff to use these systems
for both short and long range maintenance planning. None of the computers that
Public Works Operations currently has are powerful enough for these systems. The
printer is used to print reports and still pictures from inspections. Staff will order the
computers, printer, and software as separate purchases that will not require Council
approval. In addition, staff recommends an upgrade of the on board controller in the
van so that it is compatible with the City's GIS system. This will consist of an Iomega
Jazz drive, faster CPU, and larger hard drive. Also, since the Corporation Yard is not
on the network, staff will purchase an Iomega Jazz drive for the GIS section so that
GIS data can be transfered back and forth between GIS and the TV inspection
computers.
Another expense that was not originally contemplated is money to obtain original
stocks of non-warranty comnsumables such as light bulbs, Flexi-links, cable, rollers,
o-rings, and brushes. The division has $5,000 in their operating budget for
maintenance of the current system, but much of that $5,000 may be spent by the time
the new equipment is received. Staff believes an additional $2,000 for original
stocking purposes of non warranty consumables is also required. If these funds are
appropriated, but not needed, they will not be spent.
ALTERNATIVE FUEL Although requested as an option, only one bidder, 3-T,
provided information on an alternative fuel vehicle. They pointed out that the need
for certification would delay the van by two years as the State is two years behind on
certification and would cost $6,500. In addition, the CNG fuel bottles would require
redesign of the interior workspaces and CNG would require a separate Diesel fuel
supply for the generator. For these reasons, staff recommends against a CNG vehicle.
l~/~
Page 5, Item___
Meeting Date 09/23/97
FISCAL IMPACT: The FY 1997-98 Equipment Replacement budget includes
$143,540 for replacement of the City's sewer TV inspection system and van. Staff
knew that the total cost of the new system would be higher (but did not know the
exact cost), but the $143,540 is the amount that the Sewer fund has put into the
Equipment Replacement Fund for replacement of the current van and TV system over
the years. Since staff was uncertain of the total amount required and believed it
would be appropriate for one of the Sewer funds (as opposed to Equipment
Replacement) to make up the difference, the intent was to request whatever additional
appropriation might be required at the time the contract was awarded by Council.
The cost of the bid by Pearpoint including sales tax is $156,230. The cost of upgrading
the on board controller in the van is $1,560, therefore the entire contract amount to
Pearpoint is $157,790. An additional $16,290 will be required for the computers,
printer, and software. Staff also recommends an additional $2,000 for original
stocking of consumables.. Therefore, the total cost of the entire system is $176,080.
This will require an additional appropriation of $32,540 from Sewer Fund 221, Sale of
Excess Capacity. It is recommended that the additional appropriation be made to the
following accounts: $14,250 for the additional funds for the Pearpoint Equipment to
the Equipment Replacement Fund, Account 705-7050-5565; $16,290 for the
computers, software, and printer to Account 100-1460-5566; and $2,000 for the
consumables to Account 100-1460-5368. All subsequent maintenance and operation
costs will be funded by the Sewer Service Fund.
Attachments
. DIFFERENCES BETWEEN SINGLE CONDUCTOR AND MULTI-CONDUCTOR
SEWER TV SYSTEMS
c:\ W1NWORD\BUDGE1\Al13SWTV.DOC
)3/~
RESOLUTION NO. /878.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING PURCHASE
ORDER CONTRACT AND APPROPRIATING FUNDS FOR
PURCHASE OF ONE SEWER VAN AND PIPELINE
INSPECTION SYSTEM
WHEREAS, on June 3, 1997, the following bids were
received for the purchase of a Sewer Pipeline Inspection System and
van:
INSPECTION
BIDDER SEWER VAN SYSTEM TOTAL
Cues, Inc.* $49,300 $ 70,700 $120,000
Lasher Auto Center $49,000 $118,250 $167,250
Pearpoint $62,588 $ 82,398 $144,986
3-T Equipment $33,825 $ 79,887 $113,712
Aries Industries $23,587 $ 90,682 $114,269
Aries (alternate) $28,950 $ 90,682 $119,632
*The Cues bid includes an additional $6,000 option for a van
with a higher GVWR than was specified that is better able to
support the weight of the equipment. The other bidders
included the higher GVWR van as part of their bids.
WHEREAS, all of the bidders had exceptions to the city's
specifications; and
WHEREAS, the apparent low bidder, 3-T Equipment, is a
single conductor system and is therefore unacceptable; and
WHEREAS, the system bid by the next apparent low bidder,
Aries Industries, does not include an inclinometer or Sondes (radio
locator system) as required by the bid; and
WHEREAS, staff focused on the Cues and Pearpoint bids and
requested additional demonstrations from both to evaluate their
systems; and
WHEREAS, staff recommends the Pearpoint system with an
upgrade of the one board controller in the van so that it is
compatible with the City's GIS system and they are the lowest
responsive bidder.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the bids and award the
purchase order contract for purchase of one sewer van and pipeline
inspection system to Pearpoint in the amount of $144,986 plus
applicable sales tax.
13/~
BE IT FURTHER RESOLVED that the amount of $32,540 be
appropriated from Fund 221, Sale of Excess Capacity to the
following accounts: $14,250 for the additional funds for the
Pearpoint Equipment to the Equipment Replacement Fund, Account 705-
7050-5565; $16,290 for the computers, software and printer to
Account 100-1460-5566; and $2,000 for the consumables to Account
100-1460-5368.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
city of Chula vista is hereby authorized and directed to execute
said purchase order contract for and on behalf of the city.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\pipeline.bid
13""1
DIFFERENCES BETWEEN SINGLE CONDUCTOR AND MULTI-CONDUCTOR
SEWER TV SYSTEMS
Single and multi-conductor refers to the number of wires within the cable that
connects the transporter and TV camera to the control unit in the sewer van. Since
every electrical circuit needs two wires to complete the circuit, a single conductor
system actually has at least two wires, one larger one to carry power and control
signals to the transporter, camera, and lights and a smaller one to complete the circuit
and carry signals back to the control unit. A multi-conductor system has separate
pairs of wires for power to the transporter, camera, and lights and other pairs for the
control circuits for those same systems.
In a single conductor system, all of the power to drive the transporter, camera, and
lights travels along one large wire to the transporter. The transporter is the wheeled
or tracked device that carries the TV camera and lights along the sewer or storm drain
line being inspected. When the power reaches the transporter, it enters a power
supply box that splits the power to the transporter, camera, and lights as appropriate.
Because all of the power for all three devices is combined, this means a lot of voltage
is traveling down the one wire. In addition, because of Ohms law of resistance, the
power level has to be set high enough to overcome the resistance of the line at long
runs of up to 1,000 feet. This is also true for multi-conductor systems, but because
the voltage is split and not as high to start with, much less voltage is traveling down
anyone wire. The same wire also carries control commands using frequency
modulation. Because all of the power and control commands come into the power
supply and are then distributed to the appropriate device, it is often difficult to
diagnose problems when they do occur. For example, the camera may stop
functioning properly. Because all the power and the control signals are being
distributed by the power supply, it is difficult to determine exactly what needs to be
done to fix the unit.
A multi- conductor system, on the other hand, has separate power and control signals
on separate wires to the transporter. When these power and control signals reach the
transporter, they enter and are sent to their devices on separate circuits. This makes
it much easier to diagnose problems in the field. If the lights don't work, but
everything else does, it's clear that the problem is somewhere in the lighting system.
In addition, because the control signals are not carried in the power wires, they can be
simple electrical signals and not FM signals. This makes them much less susceptible
to getting slightly out of synch and creating problems. Our experience with our
current single conductor system and its associated problems caused us to specify a
multi-conductor system. Cues, the manufacturer of our current system, sells both
single and multi-conductor systems. In the past, 60% of the systems they sold were
multi-conductor, whereas 99% of its current sales are multi-conductor. Staff believes
that the shift reflects the growing awareness of the problems inherent in single
conductor systems.
\ )---~
3T EQUIP~ENT COl\~P ANY, INC.
.ft/]
SAFETY, PIPE INSPF;CTION AND SEWER MAINTENANCE
EQUIPMENT FOR THE PROFESSIONAL
City ofChula Vista
City Council
2760 41h Street
Chula Vista, Calif
September 23,1997
Altn: City Council
Subject: Award of TV Sewer Inspection System
L It was not difficult fi.1r Pearpoint to meet the specification exactly because it IS
proprietary to Pearpoint. The speeiHeation even uses the name Pcarpoint Flexiview TM
2. The information used to eliminate single conductor system is incorrect and it appears
that the staff has been misinformed as to single conductor technology
3. We see no reason this council should take the sales promotion of R.5.Technical
Services over the sales promotion of a multi-conductor system The determination of
which system is more reliable can only be determined by end users. We are submitting a
list of single conductor users so the City can do it's own research This list was provided
with the bid, but none of the cities or contractors were contacted.
4. During a June 1997 demonstration by RST, the operators stated they have never seen a
Pearpoint system operate, even thought the proprietary specification was out to bid.
Where as R.STECHNICAL Services Inc, has provided 4 successful Mainline
dcmonstration, One successful Stonn Drain and One successful Lateral demonstration to
the city of Chula Vista which resulted in the the city of Chula Vista asking for
specification and a quote for a R.S.T system.
5. R.S. Technical Selviccs Inc, is the only manufacture which has the con6dence to
provide a ONE year warranty including the light bulbs and other ware items you are being
ask to purchase over and above the bid price. R.S.T. also provides a free lifetime loaner
camera for as long as you own your system
6. $ 31,000.00 is a greater deal of money. Great care must be used to determine if there is
a value in a higher price system, We submit that with unbiased research, customer
satisfaction will be the greatest determining factor in deciding which system to purchase
7. We can supply a RS.T. system meeting or exceeding all of your performance
requirements.
P.o. BOX 750068, PET ALUl\lA, CA. 94975-0068 (707) 543-8555 I<'AX (707) 543.8558
8. Please review the attached pages reviewing Single Conductor verus
Mulit-conductoL..Safe, single conductor technolo~y, a copy of the COver letter oflhe bid,
main line uses and push camera uses list
I am available if you have any question of 3T Equipment or RST
glad to sit down and review all or pan oflhe bid.
Services. \V e will be
~erelY,
RWLewis
3t Equipment
-."
3T EQUIPMENT COMPANY, INC.
~ SAFETY. PIPE INSPECTION AND SEWER MAINTENANCE
...,.. EQUIPMENT FOR THE PROFESSIONAL
Rick Lewi~
INDEPENDENT SALES REP;&SENTATIVE
(619) 560-5232 RES.
(619) 560-5273 RES. FAX
(619) 285-5252 PAGER
P.O. BOX 750068
PETALtTMA, CA. 94975-0068
(8011) 969-31101
(71171543-8558 FAX
. techIltml at v'wwrs-technicaLcom
Page I of2
Position Paper - Single Conductor vs Multi~conductor.
I recently received a call from a potential customer inquiring about Multi-conductor cable for Video
Pipeline Inspection. This person sincerely stated that he wanted the latest in technology which he was
told was multi-conductor.
Sometimes I find myself frustrated that sales people make these statements to customers. Both
multi-conductor and single conductor work. Each has advantages and trade offs. But we never say
"isn't our TV cable company great because it has wires for each channel?" No, modern cable
technology uses a single piece of coax cable to run over 110 TV channels, multiple radio channels,
digital feeds and can carry information back from the customer to the cable company.
I designed and installed a computer network for our company. We now have over 30 work stations,
each talking to the server and each other. All on one piece of coax cable. Obviously needing many
wires to carry different information is a thing of the past or "low technology". A defmition oflow
technology is "not the latest technology".
Above, I stated each system has its advantages. Multi-conductor allows more electric current to travel
, down the line because many heavy wires are used. The trade off is weight and friction. Larger c;able
meahs more surface and more friction. Lighter, stronger (5600 Ibs pulling strength) armored single
conductor cable weighs less and takes less power to pull. With multi-conductor, the extra current
available is used up by pulling a heavier weight. Try dragging several hundred feet of 1/4" rope and
then rornpare that to dragging the same amount of 1/2" rope. The difference in drag massive.
.
So, how do the engineers make single condutor work for a video inspection system? To answer that,
let's look at the common AM radio
An inexpensive M1 radio has to be able to select a radio station from millions of frequencies. You
can. be listening to a station at 680khz on the dial and on another radio tune in 1050khz. Thc radio
"tunes" to a single station and all the other stations do not interfere. If we had to have a different
radio to select each station, I think that might be considered low tech. Therefore if we need many
wires to carry information and power to camera and tractor equipment, we must be law tech.
Just like radio, television and computer networks - camera power, control signals, video
information and data can easily be carried on the same cou, without one interfering with the
other.
Another saying I hear is that n1ulti.coi:ductGr i, edsier to service "lfmy lights do.:l't work I know
which wiren to check". As 11 s<:fvice pel son for year3, let me teU you that is not tme. Simple
troubleshooting technics isolate the pr.oblem quickly to fl single unit. For ins\~nce: The reported
problem ie "no picture". The first qt:eslion to ask is "are there lights?" Since the electrichy needed to
power the c~mera and the lights go~s down thl[: sa!n~ wire, the fact that tll" lights work iU"lrflcdiately
elimimtes the cabill from bdng the problem. lfrower is availahle for lights, the cable and connections
must be intact.
Several otlier points need discussion. !\fost multi-cCl1duClOr systems se.;d f~.W video from the CanlOfii\
to the col,lrollJnit via a coax cabb included witli the other cOllductor~. At abQut 1000 tee.t the vid\)o .
signal hms dropped enough to lose rewlution 'flie camera rm,y \:e prodlJcing high ,'cso;'.:li{'<1 but the
piciWC is poor because it is lost thlOugh the cli.hle.
, .,
techlitml at www.rs-technicalcom
Page 2 of2
Single conductor manufacturers have the engineering skills to change the raw video into a radio type
signal which can travel over 2500 feet without deterioration. A little more complicated for the design
engineer, but easier for the user to troubleshoot and repair.
Another item is ease of repair. Those experienced in video inspection realize we cannot always have
clean, perfect pipe to inspect. In fact, if the pipe was all clean and perfect, why would we need it
inspected. We sometimes have to send our equipment into damaged areas where it can get stuck, bent
and wom. Having a steel outer wrap on the coax keeps sharp edges from damaging the cable as
happens with a soft outer jacket. Sometimes connectors will have to be changed. A single conductor
connector change in the field rarely takes more than 30 minutes for even the most inexperienced user.
Do not forget another definition of high tech, Engineered to be simpler for the user.
Summary is easy. Single conductor is stronger, easier to service and uses the latest technology.
Rich Stubbs
,
,
SINGLE CONDUCTOR VS MULTIoCONDUCTOR TECHNOLOGY
BY ROD S1-jUFF, CEO
PAGE 1 OF 2
MAY 6, 1997
Single Conductor Technology versus Multi-Conductor Technology
Single conductor systems have always been considered the cuttins edge, or "Cadillac" of
pipe inspection television equipment for the following reasons: i
The cable is smaller normally 114' in diameter and stronger than any of the reinforced
multi-conductor cable. Single conductor cable has breaking strength of 5 ,600 lb. The
typical multi-conductor cable has a breaking strength of 2,000 'b. or less.
The single conductor is simple to maintain and end connectors can be replaced in a matter
of minutes. Typically multi-conductor cable requires several hours of labor, and advanced
technical skills to splice multiple wires; typically ten or more,
The life expectancy of the single conductor cable has been proven to be at least tvvice that
of any multi-conductor cable. Not only does single conductor eable cost less initially, its
life expectancy is much longer, which saves the user substantial amounts of money. In the
event of catastrophic damage to the RST single conductor cable, the camera and
controller circuits automatically detect an overload and shut dovm instantaneously,
thereby preventing any damage to the camera or controller. Competitors touting rnulti-
conductor systems normally are unable to provide this kind of protection for their
equipment. Because of the high current lighting wires, in a comJ:>ined cable with low
voltage camera power and video signal wires, full camera and controller protection is
nearly impossible.
People selling muiti-conductor systems will tell you that single conductor technology
UIUlecessarily complicates the electronlc circuits within the camera and tractor, and that
added sophistication of the electronic circuits is overcome by the use of multi-conductor
cable. In the current age of electronic technology, the reliability of any added circuitry is
fur greater than the hassle of dealing with the multi-conductor cable and its related
complications. Just think that at horne you had to run one coaxial cable to your TV set
for each channel you wanted to view. This is the thinking of people who tout multi-
conductor over single conductor. .
SINGLE CONDUCrOR VS MULTI-CONDUCTOR TECHNOLOGY
BY ROD Sl.JTLlFF, CEO
PAGE 2 OF 2
MAY 6.1997
THE RST OMNI-EYE CAMERA
The RST Onmi-Eye Camera is considered the premium pan and tilt camera because of its
proven superior performance by thousands of users. The Omni-Eye II camera includes
features not offered by any other competitor.
1- Over 1,000 lumens of light radiated from the head which tracks the viewing lens at
all times.
2- An all stainless steel precision gear train provides head !Swing and rotation
functions.
3- The head is fully suspended on precision ball bearings for smooth operation and
long life expectancy.
4- Special high-tech seals are provided on both a,'l:es. These seals are designed to
withstand pressures of 100 psi.
5- The camera circuitry is built using the latest surfuce mount technology to
withstand the rigorous environment the camera will experience.
6- The camera incorporates a fully-isolated synchronized ~witching power supply
which completely isolates and protects camera circuitI)' from external power
surges.
7- The above mentioned power supply also provides fully regulated and limited
power to the camera lighting making it impossible for the system operator to
damage the lighting or camera circuits. An on-screen red bar alerts the operator
that the voltage setting is too high.
8- An internal color bar calibration generator is provided and can be turned on by the
operator for system color calibration at any time.
9- The RST single conductors camera will withstand the application of 140 volts to
any active connector pin without damage to the internal camera circuits.
10- An added advantage with the RST single conductor system is that since there is
only one wire and its return shield, trouble-shooting and repair in the field is
greatly simplified.
The consumer, by comparing these features with any multi-conductor camera offered by
others, when considering a purchase, will find that the multi-conductor camera does not
meet the rigid expectations RST requires. The RST camera system provides vastly
superior technical and design features of electronic circuitry, and simplicity in operation,
and repair and trouble-shooting.
Because of the advanced features and system longevity, the RST system may be slightly
higher in price, initially, when compared with some multi-condu~'tOr units, buyers looking
only at price may be misled by initial purchase price. Maint~e for multi-conductor
systems quickly east up the small savings that are sometimes seen at purchase. In the long
run the RST system has been proven to be the best economical choice by owners and
operators.
SAFE. SINGLE CONDUCTOR TECHNOLOGY
Single conductor is a term which refers to the cable design used to connect the inspection
camera and accessories to the control system. The central core of single conductor cable
is constructed by wrapping copper strands around a single insulated wire. A plastic jacket
is then extruded over this coaxial cable. Two layers of galvanized wire are contrahelically
wrapped for strength, protection and grounding of the inner core.
This produces a 1/4" cable with a braking strength of over 5,4000 pounds, which
is capable of delivering over thirty TV stations to its viewers simultaneously. Though only
one TV picture is being viewed when working with single conductor pipeline inspection
cameras, the cable conductor is multi-tasked to deliver power (DC voltage), control
signals to the camera, operate a transport vehicle or rotating camera and to light the
subject matter.
Because safety is an issue, it is important to know that the 80-120 volts needed to
perform these functions is applied only to the center conductor. wire. There are three
metallic layers and two insulation layers to cut through before an operator comes in
contact with he voltage. This makes single conductor cable far safer than any other
commercial heavy-duty extension cord. The camera and accessories are connected via a
three-pin connection. Two pins provide a double ground.
Single conductor cable, originally used with black/white systems, has been in use in
the U.S. since approximately 1972. when color monitors were introduced, single
conductor suffered a setback until technology improved camera sensitivity and lighting
techniques. Today's higWy efficient electronic controls for pulling and sensitive systems
are enhanced by the properties of single conductor cable (size, ruggedness, and light
weight.) have proven highly beneficial to inspection system operators, and do not
compromise picture quality. Even more importantly, however, of the hundreds of systems
in the field, we were unable to locate anyone who know of any injuries sustained from
electric shock as the result of single conductor use.
3T EQUIPMENT COMPANY, INC.
SAFETY, PIPE INSPECTION AND SEWER MAINTENANCE
EQUIPMENT FOR THE PROFESSIONAL
City of Chula vista
purchasing Division
276 Forth Ave
Chula Vista, CA 91910
June 2, 1997.
ATTN: Mr. John P. Coggins, C.P.M.
Subject: Proposal for Closed Camera Television-Pipeline System
Mr. Coggins,
We are pleased to submit for your consideration a bid for a
Closed Camera Television pipeline System and a Mini Camera System.
3-T Equipment Company and R.S. Technical Services will offer a
Closed Camera Television and Mini Camera System with the attached
product specification, performance data, customer users list, and
a detailed component list.
R.S. Technical Services is a leader in the underground pipeline
inspection field with a customer base across the united States.
With today's technology, R S.T. has eliminated MUlti-conductor
cable and uses a Single Conductor feature that allows quick field
repair, while still being able to accomplish all the requirements
requested of today's Mainline Camera System. This system features
pan and tilt. auto focus, auto iris, camera lighting as well as
additional lighting for large lines up to 96" and beyond while
still being able to operate the Standard Transporter as well as
R.S.T.'s new Storm Tractor while only using a single conductor cable.
This camera system is manufactured, s~pported, and serviced in
Petaluma, California. If you like, 3~T Equipment will arrange
a tour of R.S. Technical Services manufacturing plant and Corpora-
tion headquarters.
There is a One Year Warranty on components manufactured by R.S.
Technical Services as well as a FREE tIFETIME LOANER CAMERA for
the life of the camera system.
3-T Equipment Company has successfully demonstrated on four occasions
to the City of Chula Vista the performance of the R.S. Technical
System and it's capability to meet your needs. After reviewing our
proposal, if you have any questions or request a further demonstration
please call me at (619) 560-5232.
~elY'
RiCk Lewis
P.O. BOX 750068, PET ALUMA, CA. 9-l975-0068 (707) 5-l3-8555 FAX (707) 5-l3-8558
7"
3 - T EQUiPMENI-C-CLMEANY" INC~
SAFETY, PIPE INSPECTION AND SEWER MAINTENA.NCE EQUIPMENT
RST .MAINLINE CAl\fERA OWNERS- PARTIAL LIST
errv OF REDWOOD CITY
ROGER BEl\'DER
415-780-7470
COUNTY OF SAN MATEO
.x. LEUCA01A CO WATER DIST,
VERNJONES
415-363-4145
DENIS POLLAK
619-753-0155
EXT3010
LOS ANGELES CO
SANIT A TION DlSTRICTS
BILL ROUNDS
310-638-1161
CJTY OF CERES
BILL RlDDLE
209-538-3269
CITY OF SANTA BARBARA
MANUAL RAMERO
805-564-5413
CUCAMONGACO WAIERDISTRlCT GEORGECAMP~&
909-987-25<;)1
CARPINTERIA SANITARY DIST
LOUIS BECKER
805-684-2310
CITY OF BANOS
RAYDESA
209-826-0280
UNION SAt"llTARY O1ST,
FREMONT ( TWO UNITS)
ANDY MORRIS<}N
510-790-0199
CITY OF OAKLAND (THREE UNITS) RALPH GILUBERT
510-273-3846
CITY OF FRESNO
ALFRED HINIO~OS
209-498-1496
PLACER COUNTY
DAN MONTGOMERY
916-88~~-7203
COUNTY OF SONOMA
RON ANDERSON
707-546-3377
CITY OF MERCED
NICHOLAS PINt!EY
209-385-6807
TUOLUt-l1'JE REGIONAL. W D,
BOB HATCHER
209-532-9107
CITY OF FORTUNA
TOM COOKE
707-725-2665
UAK OROVILLE PUD
MIKE GLAZE
916-533-2000
CITY OF PET ^ LUMA
BILL SP AUDING
707-778'.4303
CITY or BEVERLY HILLS
KEN GETTLER
310-285-2446
P.o. BOX 750068. PET A I .liMA. CA. 94975 (707} 543-8555- FAX (7l}7}-543-8558
MAINLINE USERS CONI.
CITY OF BUENA PARK
LLOYD BEACKER
714-521-9900
CITY OF UPLAND
MARTlN PASTUCHA
909-982-1352
CITY OF CUCAMONGA GARY VARNEY.
)I::- CITY OF NATlONAL CITY JOE SMITH
~ RAMONA MUNICIPAL WATER DlST. ERt.'{IEMULfOm
COUNTY OF SONOMA WASTEWATER RON ANDERSON
909-989-28 J3.
619-336-4360
619- 789- tJJO
707-527-3130
OJM V ALLEY S D. JOHN MATTlNGL Y
805-646-5548
CITY OF GLENDALE LARRY O'NEIL
818-548-3950
HAENDIGES PLUlvffiING-, WHITTIER f.ARR.V J-fAENDI,GES
31O-69f;-8044
ellY OF INGELWOOD ED RINEHART
310A12-5491
cny OF FONT ANA CURTIS AAltON
909-350-6760
INSlTlJFORM SOUTHWEST JEFF REBElO
SAN1'A FE SPRINGS ('UNITS)
.
~ INsrrUFORM SOUTHWEST DAVE MUNSON
CITY or BERKELEY SHERi'v1Ai"l JACKSON
X CITY OF ESCONDIDO wexY BISHoP-
~ CITY OF EL CAJON PAT JACKSON
ROTa ROOTER LA JAMES CACCIOPO
310-946-0046
619-451-0917
415-644-6620
619-741-4&54
619-441-1658
213-268-3344
S~C.lSL~1'l'\.e,..lTO ~J\",
(?~,..~)
l'A 112.'..\<" ~~S....,
qlb .~'5 ..b115
C,,?'L 't~~S
~~"1 S'(\WN~
Sl{}-". d-~ ~ ~4:'D
P.O.BOX 750068, PETALUMA, CA. 94975 (707) 543-8555 FAX (707)-543-8558
3- T EQUIPMENT
.NY, INC..
SAFETY, PIPE INSPF..CTID~ A~O SEWER MAlNTENA.'K:E EQUiPMENT
PUSH CAMERA A1'<'D MINI SYSTEMS
lNSITurORM SOUTHWEST
SANTA FESPRfNGS (4 UNITS)
JEFF REBElO
310-946-0046
:A
~\J~ 'rl\\)N ~
INSnUFORM S W S"" 1 A. 'F~ 3fKINet8J1~Jlfi ]tEinO
c..\~. q.S 1 .()ll(\1
} 16-\l46-6et46
ROTD-ROOTER., POMONA
STAN MOORE
909-397-0567
ROTO.ROOTER, MISSION VEIJO
BILL BEAVER
714-380A161
TI\. YLOR ENGINEERING,
LOS ANGELES
ROTO-ROOTER, TORRANCE
TlM TAYLOR
JOHN SHEILDS
310-320-5698
CITY OF LA VERNE
CHARLIE FARREL
909-596-8741
DR ROOTER, LAGUNA BEACH
RICK MOORE
800-496-5000
CITY OF ANAHEIM
DOUG HERBERT
714-254-6840 EXT6J45
NETWORK PLUMBING, COST A :MESA ROGER HOu..1iES
1\4-435-8118
THE EARL PLUMBING, PLACENTIA STEVEN }''ELLESEN
714-524-4300
ORANGE COAST PLUM. SANTA^"~A JOHNFLYNN
714-953-1111
CITY OF LOS BANOS
GREG SOLIZ
209.827-7034
CITY OF ANGELS CAMP
STEVE COLUNS
209-739-2412
ABC SERVICES
CARROL SHWS
916-448-3535
BROWN PL(jMBl~G
STEVE BROWN
916-275-2977
P.O.BOX 750068, PETALUMA., CA. 94975 (707) 543-8555 FAX (707)-543-8558
CITY OF CERES BILL RlDDLE 209-538-3269
STEWART PLUMBING SKIP STEWART 805-964-8664
'I.:. CITY OF VISTA JAMES GUSMAN 619- 726-7944
K EASTERN M.W.D BRAIN AGNER 909-928-3777 EXT6290
~ CITY OF POW A Y BRAD VOORHEES 619-679-5419
':4 CITY OF SAN DIEGO( 3 UNITS) ROCKY KELLY 619.654-4467
~ CITY OF CARLSflAD MWD JIM SMlTH 619- 438-2722 EXT 116
"* CITY OF ESCO!\TDIDO LUCKY BISHOP 760- 741-4854
* CITY OF NATIONAL CITY JOE SMITH 6]9.336-4360
~ CITY OF IMPERAL BEACH JOHN DEHART 619-423-831 I EXT 5
~ LEUCADIA COUNTY WD DENIS POLLAK 6]9-753-0155 EXT 3010
*- MCa CAMP PENDLETON MARK ENGSTROM 619 725.498]
CAt POLY SAN LUIS OBSIPO MARlO RIVERA 805-756.6114
3-T
SAFETY, PIPE INSPECTION AND SEWER MAINTE1\ANCE EQUIPMENT
CONTRACTORS IN SO CAL
lIAENDlGES PLUl\1BING, WHITTIER LARRY HAENDlGES
310-698-8044
INSlTUFORM SOUTHWEST JEFF REBELO
SANTA FE SPRINGS ('UNITS)
3 J 0-946-0046
AI3C SERVICES GRAHAM. HOLL Y
714-693-8410
EMPIRE PIPE CLEANIKG LEROY THOMAS
{J-UNER WEST .:2 UN' tT CHRlS.MacCMffiELL..
HOUSTON & HARRIS cll/Nllr PAM HOUSTON
714-639-8352
310-437-1494
909-686-4241
S'\~~ ~~...~ \~ St.\~ ")iEJ..J~
c;;? (JhlTS
~C;-q~s -~~13
P.O. BOX 750068, PETALUMA. CA. 94975 (707) 543-8555 FAX (707)-543-8558
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COUNCIL AGENDA STATEMENT
Item~ 'f
Meeting Date 9/23/97
ITEM TITLE:
Resolution J r llj'-! Accepting bids and awarding
replacement ,or the Lauderbach Recreation Center.
contract for the roof
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~ A H vote: Yes_NoX)
On July 27, 1997, staff solicited informal bi rom three qualitled contractors to provide materials,
labor, and asbestos removal for the rerooting of Lauderbach Recreation Center. The City Charter
provides for the Council to approve Public Works contracts without advertising for bids if the
contract cost is more than $25,000 but less than $50,000.
RECOMMENDATION: That Council adopt the resolution accepting bids, and awarding the
contract for the roof replacement of the Lauderbach Recreation Center to Nelson Rooting.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: This project is an approved minor capital improvement project budgeted at $24,500
for the fiscal year 1997-98, and involves the replacement of the flat roof areas and the roof tile roof
areas. As part of our normal procedures on building renovations, the roof was tested for asbestos
when the specitications were being developed, and none was detected. However, upon further
investigation by staff, asbestos containing materials were discovered in the underlayment for the tile
area and in a rooting strip covering the metal flashing. These factors and recent vandalizing of the
roof tile area added to the scope of work and the overall cost of the project.
Informal bids were received from three qualitled contractors who responded as follows:
Contractor Bid #1 Bid #2 Add #1 Add #2 Total
Flat Roof Tile Roof Asbestos Asbestos
Replacement Replacement Removal Removal
Flat Area Tile Area
Nelson Rooting $24,200 $2,000 $ 800 $1,000 $28,000
Escondida
Commercial & $26,766 $1,600 $ 300 $1,200 $29,866
Industrial Rooting
Spring Valley
Roe Jack Rooting $29,052 $4,408 $1,200 $1,500 $36,160
El Cajon
ILkl
Page 2, Item _
Meeting Date 9/23/97
No local contractors were qualified by tbe roofing material manufacturer to do tbe installation of tbis
type of material.
The asbestos removal work will take approximately two days. During asbestos removal, tbe Center
will remain open. The City will have an Industrial Hygienist monitoring tbis process. During tbe
actual reroofing, tbe Center will remain open witb no interruption in scheduled activities.
FISCAL IMPACT: The Project was originally budgeted at $24,500 in tbe minor capiltal
improvement project account. The additional expenditure of $3,500 can be taken from tbat same
account due to cost savings from otber approved minor capital improvement projects.
RM:mp
(REROOF.CAG)
Attachment NOT SCANNED
File #091O-05-AB
\ ~~}--
RESOLUTION NO. 1878"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE ROOF REPLACEMENT FOR THE
LAUDERBACH RECREATION CENTER
WHEREAS, on July 27, 1997, staff received the following
three informal bids from qualified contractors to provide
materials, labor, and asbestos removal for the reroofing of
Lauderbach Recreation Center:
CONTRACTOR
Asbestos Asbestos
Removal Removal
Flat Roof Tile Roof Flat Area Tile Area
Bid #1 Bid #2 Add #1 Add #2 Total
$24,200 $2,000 $ 800 $1,000 $28,000
$26,766 $1, 600 $ 300 $1,200 $29,866
Nelson Rooting
Escondido
Commercial &
Industrial Roofing
Spring Valley
Roe Jack Rooting
El Cajon
$29,052
$4,408
$1,200
$1,500
$36,160
WHEREAS, staff recommends awarding the contract to the
low bidder, Nelson Roofing, in the amount of $28,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the three informal bids for
the roof replacement for the Lauderbach Recreation Center and award
the contract to Nelson Roofing in the amount of $28,000,
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said contract for and
on behalf of the city of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
A~
Jo
Kaheny, City Att
C:\rs\reroof.lau
\~,~
SEP-18-1997 09:05
NELSON ROOFING
760 7381054 P.02/02
y.... on: roquiRcllo lile a SutemcQI Dr Disclgsun: Df ~ owmnhip Dr fiD.aociaJ Utlm..., payr.n=ts. lIT campaigll..",lriburigns.
DIl all tnmf!fS wbkh will ""Ilhrc di.cretiDlWY actiDO DO !be pan or lIIe City COlln&;i1. Pl"'llling COllll1lis.illll, aDd all omer official
bod;... lbe folJowiDe illfonnatiaJl musI be dix:ioscd:
I. LiS( llic ........ Dr all poncIDS bvilll a fiIlucia.I iIIlcrnt ill Ibe ~ which is the subject <lr lIle appliClllOI1 Dr !be COIl"""'.
e.g.. _. appiic3m. CODll'o<:lor. sUbo:ou.=. matr:riol supplier.
R ~D _ REDFF~ARN
WARREN NELSON
N'n'CMAN N~T.c::nN
RnN CHAM~R'R,c:;
2. If my pclIOD* idcmifjel! pursuam 10 (l) above is a oo:poDliDl1 or Pll'lbeDbip. .List lile _ Dr all illd.ividWlls o~ _.
lhoGIOll of lb. Illuu iD the CIOlJlDl1Ili"" or oWDiDg iID." patllQJbip imam In lbe par1Ilcrslllp.
R.D. REDFEARN
WARREN NELSON
NORMAN NF.LSON
~. If ""Y persaD* idemiliod PumJalll to (1) above is DC>a-pnIfil....llDi;uQou err a lNSl, lisllbc "- of OIly pcnDII KlYiDIII
cIin:cIar Dr lbe DDD-profit orpoizmioo Dr as trustee or beadicWy Dr truslor of !he !tUSl.
4. H.~ "0Il1lllll _n: Ibm S2SD worth Dr busiDallna&lIClaI with any member ot the City Itaff. Boards. Colllllli$oions.
Commincca. ""d COWICi1 ",illilit the pall ,,",elv. month? Yes _ No .x.... If yes, pleue iD4lcare 1'\'nQ4(s):
5. Please iclcGtify cadl aDd every pcrsoa. iDcladiDg..y ........ cmploy..... ..",..,11...... or UldcpcmIeDI COllll'llCon who you
have assigoed 10 ~= YOIl before the City In this maner.
RON CHAMBERS
6. Have you lIIIdIor,..,.... o!!leers Dr agml5, in tbc :oggrcpIe. amlribuled more 1II11ll Sl.OlXIID s COUDCilmcmbcr ill !be I'\lmIIt
Dr Pm:cd;.,1 eillCliob polriod? Y.. _ No lL If y... .we which' s):
. . . (NOTE: Attacbcd additi.......
Date:
g/l R/q7
S'
NELSON ROOFING RON CHAMBERS
Prim or type _ of c:....:rmorl Applicaat
. ~ Is dIft>t~ /ZS: "Nly ~, firm, ClI-fHI~, ;airv _n, &sSll(itllit/ll, I~ dMb. hrlumtzl II"MillIliflll.
col'JllllfllitHI. dltlle. """. reca_. ~amr, tIIirll1ld "'" odI6 CZIIlIIl)I. city or CDWI".,. ciry -"ici!H'liry. d/.nri~, '" mJJu political
$JIbdillimm. '" "'" odutI' grDIIfI '" cDMblllllll(lll "Cliltg 4J " llIlit.
\ L\ A-\
TOTAL P.02
COUNCIL AGENDA STATEMENT
Item
Meeting Date 9/23/97
IS
ITEM TITLE:
Resolution IS? ~~ Approving Final Maps ofChula Vista
Tract No. 90-02, Salt Creek Ranch, Neighborhood 2, Units I
through 5, Accepting on Behalf of the City of Chula Vista Public
Streets and Easements Granted on Said Maps within Said
Subdivisions, Rejecting on Behalf of the City of Chula Vista All
Open Space Lots Granted on Said Maps within Said Subdivisions,
and Approving Subdivision Improvement Agreements for the
Completion of Improvements Required by Said Subdivisions, and
Authorizing the Mayor to Execute Said Agreements
B) Resolution / ;r 715"tf Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 92-02, Salt Creek
Ranch, Neighborhood 2, Units 1 through 5
SUBMITTED BY: Director of Public wor~ ~
REVIEWED BY: City ManagerGf<-jU (4/Sths Vote: Yes_No X)
f,i'
On October 6, 1992, by Resolution No. 16834, City Council approved the Tentative Subdivision
Map for Chula Vista Tract 92-02, Salt Creek Ranch (see Attachment 1). On that tentative map,
neighborhood boundaries were delineated. The Final Maps, Subdivision Improvement
Agreements, and Supplemental Subdivision Improvement Agreement for Neighborhood 2, Units
1 through 5, are now before Council for consideration and approval.
A)
RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps
and Subdivision Improvement Agreement; and (B) the Supplemental Subdivision Improvement
Agreement.
DISCUSSION:
Final Maps and Associated Improvement Agreements
Neighborhood 2 is generally located north of Proctor Valley Road, between Lane Avenue/Old
Trail Drive and Hunte Parkway. The final maps for each unit consists of the following:
/~1
Page 2, Item
Meeting Date 9/23/97
'M<>" No. of Single Number of Lots for Open Space, Total
~ ..., Family Units Public Utilities 1 Other Public Uses Acreage
Neighborhood 2, Unit 1 20 1 (3.600 Acres) 10. 196
Neighborhood 2, Unit 2 I 8 1 (1 .994 Acres) 6.720
Neighborhood 2, Unit 3 24 1 (1 .288 Acres) 7.395
Neighborhood 2, Unit 4 25 1 (0.578 Acres) 6.3 16
Neighborhood 2, Unit 5 21 1 (0.376 Acres) 5. 158
I TOTALS I 108 I 5 (7.840 Acres) I 35.785 I
The Plat for Neighborhood 2 is attached as Attachment 2.
The final maps for the five subdivisions have been reviewed by the Department of Public Works and
found to be in substantial conformance with the approved Tentative Map. Approval of the maps
constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and general
access easements within each of the corresponding subdivisions. Approval of the maps also
constitutes acceptance, on behalf of the public, of the following streets:
,.M!tp .. ....,
Neighborhood 2, Unit I Hunte Parkway, EI Granada Road, Los Alto Drive, Santa Clara
Court
Neighborhood 2, Unit 2 Old Trail Drive, Santa Anita Court, EI Granada Road,
Neighborhood 2, Unit 3 EI Portal Drive, Old Trail Drive
Neighborhood 2, Unit 4 Santa Maria Court, EI Portal Drive
Neighborhood 2, Unit 5 Santa Barbara Court, EI Portal Drive
Approval of the maps also constitutes acceptance of a ten foot-wide general utility and general access
easements within Open Space Lots for the installation and maintenance of public utilities, noting that
use of said easement by others is subject to written permission and issuance of an Encroachment
Permit from the City of Chula Vista. However, approval of the maps does not constitute acceptance
of the Open Space lots, noting that Section 7050 of the Government Code of the State of California
provides that an irrevocable offer of dedication shall remain open and subject to future acceptance
by the City.
J~~
Page 3, Item
Meeting Date 9/23/97
Open Space Lots are not being accepted at this time due to City Council direction on post-
Proposition 218 fmancing of the maintenance of new open space areas and street medians throughout
the City. The City has taken the position of preferring to establish a Home Owners Association
(HOA) to maintain the open space district and that the City maintain the medians through a
Community Facilities District (CFD). For those developers that do not want an HOA, the City will
work with the developer to utilize a CFD for the open space areas. In accordance with Resolution
No. 18702, approved on June 17, 1997, the City and the developer remain within the 120 day good
faith negotiation period. This time is used to determine whether any mutually acceptable alternative
means exists to fund the maintenance of the open space areas and street medians within the project.
The developer will be required to fund said maintenance through either a Community Facilities
District (CFD) , which is subject to City Council approval, or a Home Owners Association (HOA).
Please note that the developer's disclosure statement is included as Attachment "3."
The developer has executed one Supplemental Subdivision Improvement Agreement (see Attachment
"4") for all five maps in order to satisfy the following conditions of Resolution 16834. To review
the resolution see Attachment #5 (Tentative Map Conditions).
1. In satisfaction of Condition Nos. 30b and 31 of the Resolution, Developer agrees as follows:
2.a. Upgrade Pump Station or Purchase Capacity. Developer shall, as directed by the City
Engineer, either: (1) upgrade the Otay Lakes Road pump station to handle the ultimate sewer
flow generated by the Project; the design of such upgrade construction shall be subject to the
approval of the City Engineer; or (2) purchase sewer pumping capacity rights by purchasing
prorated shares, as such proration shall be determined by the City Engineer, of the
indebtedness imposed by City Assessment District 90-3. The City Engineer agrees to
provide such direction to the Developer by November 1, 1997. Developer also agrees to pay
Developer's prorated fair share for ongoing maintenance of the Otay Lakes Road pump
station. If Developer is required to upgrade the Otay Lakes Road pump station all work shall
be completed within one year after the upgrade is requested by the City Engineer.
2.b. Future Three Party Agreement. Developer agrees to diligently and in good faith
negotiate with the City and/or the EastLake Development Company to enter into an
agreement prior to November 15, 1997, in order to facilitate Developer's obligations
described in Section 2(a) above.
2.c.Provide Deposit. Developer shall deposit simultaneously with the execution of this
Agreement, the sum of $409,842.42 with the City, in an interest bearing account, to
guarantee compliance with and the completion of the terms described in paragraph 2(a).
2.d. Withholding Building Permits. Developer understands and agrees that the
performance of Developer's obligations hereunder is required for the health and safety of the
residents of its Project. Therefore Developer agrees that the City may withhold building
permits for any and all production units within Neighborhood 2 of the Project until and
unless Developer has complied with the terms of paragraph 2 of this Agreement. For
purposes of this Agreement "production units" mean residential units to be built for the
/5 -:J
Page 4, Item
Meeting Date 9/23/97
purchase of individual buyers, i.e. the public, but shall not include what is customary
referred to as "model homes".
2. In satisfaction of Condition No. 41 and partial satisfaction of condition No. 38 of the
Resolution, the Developer agrees as follows;
3.a. Construction of Detention Basin. On August 1, 1997, the City issued grading permit
No. PG564 to the Developer for the construction of a runoff detention basin to service its
Project at the location identified by said permit ("Detention Basin"). The Developer has
furnished improvement securities to the City to guarantee the faithful performance of the
construction of the Detention Basin and to secure the payment of material and labor in
connection with such installation. Developer agrees to complete construction of the
Detention Basin, in strict conformity and in accordance with the plans and specifications
previously approved by the City, on or before the one year anniversary date of the City's
issuance of Permit No. PG564. Developer acknowledges and agrees that if the Detention
Basin is not completed within the time agreed herein and the City has not granted an
extension of time, the sums provided by said improvement securities may be used by the
City for the completion of the Detention Basin in accordance with those plans and
specifications approved by the City Engineer. Developer also agrees that the City may take
any and all actions necessary in order to obtain the funds necessary for the completion of the
Detention Basin. Developer agrees to pay to the City any difference between the total costs
incurred to perform the work, including but not limited to reasonable design and
administration of construction, and any proceeds received from the improvement securities.
3. b. Public or Private Facility. Developer and City acknowledge that, as of the date of
execution of this Agreement, no resolution has been made as to whether the completed
Detention Basin will become a public facility or remain under private control. Developer
understands and agrees that the City has the absolute discretion not to accept the Detention
Basin as a public facility. However, if the City accepts the Detention Basin as a public
facility, it is further understood and agreed that Developer shall guarantee the Detention
Basin for a period of one year from the date of its acceptance by the City and correct within
said period any and all defects andlor deficiencies arising during this period as a result of the
acts or omissions of Developer, its agents or employees in the construction of the Detention
Basin. If the Detention Basin is accepted by the City, Developer shall grant to the City by
appropriate conveyance (fee title) the Detention Basin and any easements over the adjoining
property as needed to maintain the same. If the Detention Basin remains a private facility,
Developer shall provide, upon request by the City, easements to the City for emergency
ingress and egress to the Detention Basin.
3.c. Maintenance Obligations. Developer shall maintain or cause to be maintained the
Detention Basin, in accordance with the Maintenance Program described in paragraph 3(d),
until the earlier to occur: (a) the acceptance of 100% of the maintenance for said
improvement by an established Maintenance District; or (b) the acceptance of 100 % of the
maintenance by an established Home Owners Association after the City has reviewed and
approved the Association's "Conditions, Covenants and Restrictions" as it pertains to the
maintenance of the Detention Basin; or (c) the City's acceptance of the maintenance for such
/5--1
Page 5, Item
Meeting Date 9/23/97
improvement in the event the City accepts the Detention Basin. Developer shall provide
the City with improvement securities concurrent with the Developer's submittal to the City
of the maintenance program described in paragraph 3(d), in the amounts to be determined
by the City, in its sole discretion, to guarantee Developer's maintenance of the Detention
Basin in accordance with this paragraph. In the event of Developer's default in the
performance of its maintenance obligations, Developer agrees to pay the City any difference
between the total costs incurred by the City to perform such maintenance work, and any
proceeds from the improvement security.
3.d. Maintenance Program. Developer shall prepare a Basin Maintenance Program for the
Salt Creek Detention Basin no later than 120 days after the date of the City's approval of this
Agreement. Such a maintenance program is subject to the approval of the City Engineer.
The Maintenance Program shall include, but is not limited to, an operations manual
describing the maintenance program and usual maintenance and operation of the Detention
Basin, an estimate of the costs of such maintenance operations, and a mechanism for
fInancing said maintenance activity. Developer is responsible for obtaining the approval of
the Maintenance Program from the applicable federal or state agencies, including but not
limited to the California Department of Fish and Game and/or the U.S. Army Corps of
Engineers.
3.e. Future Agreements. Developer agrees to diligently and in good faith negotiate with
the City and if applicable, the California State Department of Fish and Game to enter into
agreement(s) in order to implement the Basin Maintenance Program.
3.f. Withholding Building Permits. Developer further understands and agrees that the
performance of Developer's obligations hereunder is required for the health and safety of the
residents of its Project. Therefore Developer agrees that the City shall have no obligation
to issue any building permits for production units in the Project until and unless Developer
has complied with the terms of paragraph 3 of this Agreement.
3. In satisfaction of Condition No. 55 of the Resolution, the Developer agrees that:
a. The City may withhold occupancy permits for any unit within the Project if anyone of
the following occur:
i. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
b. The City may withhold building permits for any of the units within any phase of
development identifIed in the PFFP, if the required public facilities, as identifIed in the PFFP
or as amended or otherwise conditioned have not been completed or constructed to
satisfaction of the City. The Developer may propose changes in the timing and sequencing
of development and the construction of improvements affected. In such case, the PFFP may
be amended as approved by the City Planning Director and Public Works Director.
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Page 6, Item
Meeting Date 9/23/97
4. In satisfaction of Condition No. 58 of the Resolution, the Developer agrees that,.on the
condition that City shall promptly notify the Developer of any claim, action or proceeding
and on the further condition that the City fully cooperates in the defense, the Developer shall
defend, indemnify, and hold harmless the City, and its agents, officers and employees, from
any claim, action or proceeding against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City, including approvals by its Planning
Commission, City Council, or any approval by its agents, officers, or employees with regard
to this Project.
5. In satisfaction of Condition No. 59 of the Resolution, the Developer agrees that, on the
condition that City shall promptly notify the Developer of any claim, action or proceeding,
Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and
employees, from any claim, action, or proceeding against the City, or its agents, officers or
employees, related to erosion; siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in the defense of any such
action, claim or proceeding. .
6.
In satisfaction of Condition No. 66 of the Resolution, the Developer agrees to permit all
cable television companies franchised by the City of Chula Vista equal opportunity to place
conduit to and provide cable television service for each lot or unit within the Project.
Developer further agrees to grant, by license or easement, and for the benefit of, and to be
enforceable by, the City of Chula Vista, conditioDa1 access to cable television conduit within
the properties situated within the Project only to those cable television companies franchised
by the City of Chula Vista the condition of such grant being that (a) such access is coordi-
nated with Developer's construction schedule so that it does not delay or impede Developer's
construction schedule and does not require the trenches to be reopened to accommodate the
placement of such conduits; and (b) any such ~ble company is and remains in compliance
with, and promises to remain in compliance ~ith, the terms and conditions of the franchise
and with all other rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may from time to time
be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista
the authority to enforce said covenant by such remedies as - the City determines appropriate,
including revocation of said grant upon a determination by the City of Chula Vista that they
have violated the conditions of the grant.
7.
In satisfaction of Condition No: 94 of the Resolution, Developer .acknowledges that
Developer is responsible for providing fire prevention facilities and equipment, inclumng
'." '., ........ ..0<.-.....
construction of a fire- station, in- acCordance with the Salt Creek Rarich Public' Facilities
Financing Plan ("PFFP"), 993.4 et. seq. as may be amended from time to time. Developer
- agrees to comply with the PFFP requirement with respect to the constnlction of said facilities
within the time frames set forth by the PFFP.
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Page 7, Item
Meeting Date 9/23/97
8.
Park Fees Collected. City acknowledges and agrees that funds collected from the Developer
in accordance with the City's Parkland Dedication Ordinance shall be placed in an interest-
bearing account, to be used solely for the Project's park improvements. Notwithstanding
the foregoing, the City has the sole discretion to determine what park improvements shall
be constructed for the Project.
The developer has also executed Subdivision Improvement Agreements for each of the five maps and
has provided bonds to guarantee construction of the required public improvements and to guarantee
the subdivision monumentation and benchmarks.. The developer has paid all applicable fees. The
Subdivision Improvement Agreements and bonds are on file in the office of the City Clerk.
FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachments :
Attachment I:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Salt Creek Ranch Location MapNOT SCANNED
Plat - Salt Creek Ranch Neighborhood 2 NOT SCAl'iNED
Developer's Disclosure Statement NOT SCANNEn.
Supplemental Subdivision Improvement Agreement. r
Resolution 16834 (Tentative Map Condition)
NOT SCANNED
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SAlDEKldek
[FILE NO. 0600-80-SCR281
H:IHOME\ENGINEERIAGENDA \SCR N2.DEK
September 18. 1997 (3:01pm)
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1~~7
RESOLUTION NO.
/f(7r;~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAPS OF CHULA
VISTA TRACT NO. 92-02, SALT CREEK RANCH,
NEIGHBORHOOD 2, UNITS 1 THROUGH 5, ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA PUBLIC
STREETS AND EASEMENTS GRANTED ON SAID MAPS
WITHIN SAID SUBDIVISIONS, REJECTING ON BEHALF
OF THE CITY OF CHULA VISTA ALL OPEN SPACE LOTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS,
AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 2,
UNIT I, and more particularly described as follows:
Being a subdivision of the north half of the
Southwest Quarter of section 26, Township 17
South, Range 1 West, San Bernardino Meridian,
in the County of San Diego, State of
California, according to United States
Government Survey thereof.
Area: 10.196 Acres
Numbered Lots: 20
Open Space Lots: 3.165
No. of Lots: 22
Lettered Lots: 2
Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista portions of Santa Clara Court,
Hunte Parkway, EI Granada Road and a portion of Los Altos Drive;
easements with the right of ingress and egress for the construction
and maintenance of tree planting along dedicated streets, a 5.50
foot landscape buffer easement within Lot "A" and a ten foot
general utility and access easement within Lots "A" and "B" for
installation and maintenance of public utilities, noting that use
of said general utility and access easement by others is subject to
written permission and issuance of an Encroachment Permit from the
City of Chula Vista, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
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BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lots "A" and "B", as
granted on this map within this subdivision, noting that section
7050 of the Government Code of the State of California provides
that an offer of dedication shall remain open and subject to future
acceptance by the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, for a landscape buffer and for general
utility and access, as granted thereon and shown on said map within
said sUbdivision, are accepted on behalf of the City of Chula vista
as hereinabove stated.
BE IT FURTHER RESOLVED that city Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said sUbdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista hereby finds that certain map survey entitled Chula
vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 2, UNIT 2, and more
particularly described as follows:
Being a subdivision of the North Half of the
Southwest Quarter of section 26, Township 17
South, Range 1 West, San Bernardino Meridian,
in the County of San Diego, State of
California, according to United States
Government Survey thereof.
Area: 6.720 Acres
Numbered Lots: 18
Open Space Lots: 2.014
No. of Lots: 19
Lettered Lots: 1
Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista Old Trail Drive, Santa Anita
Court and a portion of EI Granada Road; easements with the right of
ingress and egress for the construction and maintenance of sewer
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and drainage facilities in Lot "A" and of tree planting along
dedicated streets, and a ten foot general utility and access
easement within Lot "A" for installation and maintenance of public
utilities, noting that use of said general utility and access
easement by others is subject to written permission and issuance of
an Encroachment Permit from the city of Chula Vista, all as shown
on this map within this subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED, said council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this sUbdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and sUbject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, sewer facilities and drainage facilities and
for general utility and access, as granted thereon and shown on
said map within said sUbdivision, are accepted on behalf of the
city of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the city Council of the city of Chula
vista hereby finds that certain map survey entitled Chula Vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 2, UNIT 3, and more
particularly described as follows:
Being a subdivision of the
section 26, Township 17 South,
San Bernardino Meridian, in the
Diego, State of California,
united States Government Survey
west half of
Range 1 West,
County of San
according to
thereof.
Area: 7.395 Acres
Numbered Lots: 24
Open Space Lots: 1.288
No. of Lots: 25
Lettered Lots: 1
Acres
,
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is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista El Portal Drive and a portion of
Old Trail Drive; easements with the right of ingress and egress for
the construction and maintenance of tree planting along dedicated
streets, a ten foot drainage easement within Lot "A" and a ten foot
general utility and access easement within Lot "A" for installation
and maintenance of public utilities, noting that use of said
general utility and general access easement by others is subject to
written permission and issuance of an Encroachment Permit from the
City of Chula Vista, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula Vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, for drainage facilities and for general
utility and access, as granted thereon and shown on said map within
said subdivision, are accepted on behalf of the City of Chula vista
as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said sUbdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City Council of the City of Chula
vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 2, UNIT 4, and more
particularly described as follows:
Being a subdivision of the South Half of the
Northwest Quarter of section 26, Township 17
South, Range 1 West, San Bernardino Meridian,
A
K1r1
in the County of San Diego, State of
california, according to united States
Government Survey thereof.
Area: 6.316 Acres
Numbered Lots: 25
Open Space Lots: 0.578
No. of Lots: 26
Lettered Lots: 1
Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista Santa Maria Court and a portion
of E1 Portal Drive; easements with the right of ingress and egress
for the construction and maintenance of tree planting along
dedicated streets, a ten foot drainage easement within Lot "A", and
a ten foot general utility and access easement within Lot "A" for
installation and maintenance of public utilities, noting that use
of said general utility and access easements by others is subject
to written permission and issuance of an Encroachment Permit from
the City of Chula vista, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, for drainage facilities and for general
utility and access, as granted thereon and shown on said map within
said subdivision, are accepted on behalf of the City of Chula vista
as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the county of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
5
1510
NOW, THEREFORE, BE IT RESOLVED that the city council of
the city of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 2,
UNIT 5, and more particularly described as follows:
Being a subdivision of the South Half of the
Northwest Quarter of section 26, Township 17
South, Range 1 West, San Bernardino Meridian,
in the County of San Diego, State of
California, according to United States
Government Survey thereof.
Area: 5.158 Acres
Numbered Lots: 21
Open Space Lot: 0.376
No. of Lots: 22
Lettered Lots: 1
Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista Santa Barbara Court and a portion
of EI Portal Drive; easements with the right of ingress and egress
for the construction and maintenance of tree planting along
dedicated streets, and a ten foot general utility and access
easement within Lot "A" for installation and maintenance of public
utilities, noting that use of said general utility and access
easement by others is subject to written permission and issuance of
an Encroachment Permit from the City of Chula Vista, all as shown
on this map within this subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this SUbdivision, noting that Section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and access, as granted
thereon and shown on said map within said subdivision, are accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the county of San Diego.
I{,ij~?
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute all of the
Subdivision Improvement Agreements for Chula vista Tract No. 90-02,
Salt Creek Ranch, Neighborhood 2, units 1 through 5, for and on
behalf of the City of Chula vista.
Presented by
Approved as to form by
(Jv-- Y11~ .~_
John M. Kaheny, Clty Attorney
John P. Lippitt, Director of
Public Works
C:\rs\saltcree.1-5
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, #209, Chula Vista, California 91914, a
California corporation, hereinafter called "Subdivider";
!i.ll'.tL~~~!;l'H-,-
WHEREAS, Subdivider is about to present to the city Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed sUbdivision, to be known as SALT
CREEK RANCH, NEIGHBORHOOD TWO, UNIT ONE pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and, '
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherei "ided that Subdivider will install
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and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to city improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos.97-454 through 97-442A, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $535,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office'of the city Englneer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearanc ~ty connections for said buildings
I~ ~r1
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the SUm
of Two Hundred Sixty Seven Thousand Five Hundred Dollars
($267,500.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simUltaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the SUm
of Two Hundred Sixty Seven Thousand Five Hundred Dollars
($267,500.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of Two Thousand Five Hundred Dollars ($2,500.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "CD and made a part
hereof ..
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the city, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in intere~r pursuant to the terms of the
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improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission Df Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of SUbdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
/r~ 'II
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the city of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought wi thin the time per iod
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: PACIFIC BAY HOMES
~(SlJcC~1
Mayor of the City of Chula
vista
ATTEST
City Clerk
Approved as to form by
city Attorney
(Attach Notary Acknowledgment)
I r;~ r / c2 / )5'A -/1'
LIST OF EXHIBITS
Exhibit "B"
Improvement Security - Faithful Performance
Form: Bond
Amount: $267,500
Improvement Security - Material and Labor:
Form: Bond
Amount: $267,500
Exhibit "A"
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$2,500
Securities approved as to form and amount by
City Attorney
Improvement Completion Date:
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\home\attorney\ssia\saltcrek.21
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STATE OF CA~NIA .
COUNTY OF. ("') {)/ e-yr'l
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O~~ "\ / '/9'7 , before, me~ '::'~ 0~d.aL CX-1uz.c-r:1<-1~
pe~ appeared 0-<-;:; Yv-C-..t-<J--?'Y\) --- - --------
/ -, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the personts) whose name(s). is/affi--
subscribed to the within instrument and acknowledged to me thaHw/she/t11ey executed the same
in-ftis/her/tl:leir authorized capacity(ies)., and that by his/her/tAeir signaturets) on the instrument the
person(s) or the entity upon behalf of which the person{s-) acted, executed the instrument.
WITNESS my hand and official seal.
Signat~~~i~~~w.-/
) .
1------=5-1
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S NoIcIy N*: QA...a
t lIan DIego CoIrIIy -
1_ _ _ _~~~_~9~ 1
(This area for official notarial seal)
TitleofDocumen~.J~>-T~~/ ~-"~ a-:z.~
Date of Document ~ d-::J..-lZ No. of Pages=;;(~,c rt, '\
/ . -"
Other signatures not acknowledgec -
I(/J~/f
3008 (1/94) (General)
First American Title Insurance Comoany
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, #209, Chula Vista, California 91914, a
California corporation, hereinafter called "Subdivider";
!iITl':!lL~~~TH-=-
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH, NEIGHBORHOOD TWO, UNIT TWO pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and, .
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
1\ "l~~
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
october, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-454 through 97-442A, on file in the
office of the city Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $300,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Offic~ of the city Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
\ ~ 4~//
or structures in said subdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty Thousand Dollars ($150,000.00) which security
shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a
part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty Thousand Dollars ($150,000.00) to secure the
payment of material and labor in connection with the installation
of said public improvements, which security is attached hereto,
marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement' security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Two Thousand Five Hundred Dollars ($2,500.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the city, as are approved by the city Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
-3-
!~d- -/?
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by city
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission '6f Subdivider, its agents or
employees in the performance of 'this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by city as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agrepmRnt to hold harmless shall extend to
4-
JS:~ '/3
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: PACIFIC BAY HOMES
~r~~~
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
{~ A' ~/c;t
LIST OF EXHIBITS
Exhibit "A" .Jj} Improvement Security Faithful Performance
~O'tSC~
Form: Bond
Amount: $150,000
Exhibit liB" Improvement Security - Material and Labor:
~f.1> Form: Bond
~orsC
Amount: $150,000
Exhibit "e" Improvement Security - Monuments:
~f.1) Form: Bond
~01$C
Amount: $2,500
Secur i ties approved as to form and amount by
City Attorney
Improvement Completion Date:
TwO (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\home\attorney\ssia\saltcrek.22
I sA-/o-O
~
'"
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, #209, Chula Vista, California 91914, a
California corporation, hereinafter called "Subdivider";
!iITN'!;;~~'!;;TH-,-
WHEREAS, Subdivider is about to present to the city Council of
the City of Chula vista for approval and recordation, a final
subdi vision map of a proposed subdivision, to be known as SALT
CREEK RANCH, NEIGHBORHOOD TWO, UNIT THREE pursuant to the
provisions of the Subdivision Map Act of the State of california,
and in compliance with the provisions of Title 18 of the Chula
vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and;'
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is nrovided that Subdivider will install
I~ /f--c2/
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-454 through 97-442A, on file in the
office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $316,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office'of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install' temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for llril'ty connections for said buildings
Ii' ,1- c;2.e2
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
ci ty of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty Eight Thousand Dollars ($158,000.00) which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty Eight Thousand Dollars ($158,000.00) to secure
the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
Ci ty of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement' security from a suff icient
surety, whose sufficiency has been' approved by the City in the sum
of Two Thousand Five Hundred Dollars ($2,500.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the city, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
3-
1<:; ~~cJ;J
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission 'df Subdivider, its agents or
employees in the performance of 'this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement rn hold harmless shall extend to
JS-/l~,;?,1
damages to adj acent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: PACIFIC BAY HOMES
~jdCJM
Mayor of the city of Chula
Vista
ATTEST
city Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
l~ /f cJ~.
Exhibit "A" S)
~C~
~O't
Exhibit "B" ~1j;'U
~ <:.C
~O
Exhibit
1'"
.~~.
"e" . ~....)- \:t"
l\~<:'C
LIST OF EXHIBITS
Improvement Security - Faithful Performance
Form: Bond
Amount: $158,000
Improvement Security - Material and Labor:
Form: Bond
Amount: $158,000
Improvement Security - Monuments:
Form: Bond
Amount: $2,500
Securities approved as to form and amount by
City Attorney
,
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
Improvement Completion Date:
H:\ho.e\attorney\ssia\saltcrek.23
6' ~':<,; IS-Ii -,27
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and PACIFIC BAY
HOMES, 2300 Boswell Road, #209, Chula Vista, California 91914, a
California corporation, hereinafter called "Subdivider";
Hl.THJL~~.ETH-,-
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH, NEIGHBORHOOD TWO, UNIT FOUR pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it ,- ~-~"i~ed that Subdivider will install
J s: -9 c2Y
and complete, at Subdivider's own expense, all the public
improvement work required by city in connection with the proposed
subdivision and will deliver to city improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 97-454 through 97-442A, on file in the
office of the city Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $234,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office'of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance ,,-- ".." 'ty connections for said buildings
1S;~-;29
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Seventeen Thousand Dollars ($117,000.00) which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
ci ty of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Seventeen Thousand Dollars ($117,000.00) to secure
the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement' security from a sufficient
surety, whose sufficiency has been'approved by the City in the sum
of Two Thousand Five Hundred Dollars ($2,500.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. C:"hc1i"ic1o~ agrees to pay to the City any
Jr -1 '.30
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission o'f Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement secur i ty sha 11 not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
I') /7/3)
damages to adj acent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: PACIFIC BAY HOMES
Mayor of the City of Chula
Vista
~j FM--
( .
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
J ~ /}, J..z/ /5/1 - :Ii
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $117,000
Improvement Security - Material and Labor:
Form: Bond
Amount: $117,000
Improvement Security - Monuments:
Form: Bond
Amount: $2,500
Exhibit "B"
Exhibit "C"
Securities approved as to form and amount by
City Attorney
Improvement Completion Date:
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\home\attorney\ssia\saltcrek.24
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STATE OF CALIFORNIA 0 .
COUNTY O~~ -' "" J?'
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~/~T.,~ L., ,;f 1/97. before m~~ ...,c4/uzzq-?"k'<'VZ-'/ ,
personally appeared t'fio (Y<'".-N~//
~ -------- , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that'fle/she/tRey executed the same
in.flis/her/tAeir authorized capacitwes), and that byflis/.lli1r/their signaturefs) on the instrument the
perso$) or the entity upon behalf of which the person(sl acted, executed the instrument.
WITNESS my hand and official seal.
Signat~~~~J~T6 ~'J1'A4 )
1.~~~~1
1_ _ _ _~~~_Feb'~ t
(This area for official notarial seal)
Title of Documen~~ ~~A,~ a~LL"~~+
Date of DocumenL+7 ~-~cd:'~-zt~ No. of Pages &,r{ ,/c. J
Other signatures not acknowledged
1S-,q-3
3008 (1.'94) (General)
Firs~ Amf>rican Title Irsura"',ce COJ'1"oa"v
<-
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, #209, Chula Vista, California 91914, a
California corporation, hereinafter called "Subdivider";
N.lT!1J;;~~J;;Tj:L:_
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH, NEIGHBORHOOD TWO, UNIT FIVE pursuant to the provisions
of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with city, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
) S-,,1 r 3~
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-454 through 97-442A, on file in the
office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $202,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office' of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdi vider has installed or will install temporary street name'
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said sUbdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
;s- /'f 0?
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said publ ic improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred One Thousand Dollars ($101,000.00) which security
shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a
part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred One Thousand Dollars ($101,000.00) to secure the
payment of material and labor in connection with the installation
of said public improvements, which security is attached hereto,
marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement' security from a sufficient
surety, whose sufficiency has been-approved by the City in the sum
of Two Thousand Five Hundred Dollars ($2,500.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "CD and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement secur i ty. E'"hrl i vider agrees to pay to the City any
IS /7"3?
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in. no case will the city of Chula vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, it's agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
I\' /J~37
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said sUbdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of th~
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
THE CITY OF CHULA VISTA
SUBDIVIDER: PACIFIC BAY HOMES
~~I0!M--/
(
Mayor of the City of Chula
vista
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
,-
lS-ij~5~
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Fa i thful Performance
Form: Bond
Amount: $101,000
Improvement Security - Material and Labor:
Form: Bond
Amount: $101,000
Improvement Security - Monuments:
Form: Bond
Amount: $2,500
Exhibit "B"
Exhibit "C"
Securi ties approved as to form and amount by
City Attorney
Improvement Completion Date:
Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\home\attorney\ssia\saltcrek.25
\
,
I ~ 4;,1(/
RESOLUTION NO. / t' '} !f 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
92-02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNITS
1 THROUGH 5
WHEREAS, Pacific Bay Homes, the developer of Chula Vista
Tract 92-02, Salt Creek Ranch, Neighborhood 2, Units 1 through 5,
has executed one Supplemental Subdivision Improvement Agreement for
all five maps in order to satisfy Conditions 30b, 31, 38, 41, 55,
58, 59, 66, and 94 of Resolution 16834 approving the Tentative
Subdivision Map, adopted on October 6, 1992.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract 92-02, Salt
Creek Ranch, Neighborhood 2, units 1 through 5, a copy of which is
on file in the office of the city Clerk as Document No.
BE
Chula Vista
Agreement on
IT FURTHER RESOLVED that the Mayor
is hereby authorized and directed
behalf of the city of Chula vista.
of the City of
to execute the
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~ ~ --lH"-'----
John M. Kaheny, City Attorney
C:\rs\saltcrek.1-5
1~8~-/
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 30b, 31, 38, 41, 55, 58, 59, 66 and 94).
This Supplemental Subdivision Improvement Agreement ("Agree-
ment") is made this _ day of , 1997, by and between THE
CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and PACIFIC BAY HOMES, a
("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Salt Creek
Ranch. For purposes of this Agreement the term "Project" shall
mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as SALT CREEK RANCH,
Tract 92-02 ("Tentative Subdivision Map") for the subdivision of
the Property.
D. The city has adopted Resolution No. 16834 ("Resolution")
1
1~6/2
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution, a copy of which is attached hereto as Exhibit "B" and
incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
1.a Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.b Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
i. Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project, Developer may have
the right to obtain a release of any of Developer's obligations
under this Agreement, provided Developer obtains the prior written
consent of the City to such release. Such assignment shall,
however, be subj ect . to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The City
shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under
this Agreement, and demonstrates, to the reasonable satisfaction of
the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is
being acquired by the Assignee.
ii. Partial Release of Developer's Assignees. If
Isn-3
Developer assigns any portion of the Project subject to the Burden
of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not,
in the opinion of the city, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condi tion Nos. 30b and 31 - Sewer
satisfaction of Condition Nos. 30b and 31
Developer agrees to all of the following:
Pump Stations. In
of the Resolution,
2. a. Upgrade Pump Station or Purchase Capacity.
Developer shall, as directed by the City Engineer, either: (1)
upgrade the otay Lakes Road pump station to handle the ultimate
sewer flow generated by the Project; the design of such upgrade
construction shall be subject to the approval of the City Engineer;
or (2) purchase sewer pumping capacity rights by purchasing
prorated shares, as such proration shall be determined by the City
Engineer, of the indebtedness imposed by City Assessment District
90-3. The City Engineer agrees to provide such direction to the
Developer by November 1, 1997. Developer also agrees to pay
Developer'S prorated fair share for ongoing maintenance of the Otay
Lakes Road pump station. If Developer is required to upgrade the
otay Lakes Road pump station all work shall be completed within one
year after the upgrade is requested by the City Engineer.
2.b. Future Three Party Agreement. Developer agrees to
diligently and in good faith negotiate with the City and/or the
EastLake Development Company to enter into an agreement prior to
November 15, 1997, in order to facilitate Developer'S obligations
described in Section 2(a) above.
2. c. Provide Deposit. Developer shall deposit
simultaneously with the execution of this Agreement, the sum of
$409,842.42 with the City, in an- interest bearing account, to
guarantee compliance with and the completion of the terms described
in paragraph 2(a) above.
2.d. Withholding Building Permits. Developer
understands and agrees that the performance of Developer's
obligations hereunder is required for the health and safety of the
residents of its Project. Therefore Developer agrees that the city
may withhold building permits for any and all production units
within Neighborhood 2 of the Project until and unless Developer has
complied with the terms of paragraph 2 of this Agreement. For
purposes of this Agreement "production units" mean residential
units to be built for the purchase of individual buyers, i.e. the
public, but shall not include what is customary referred to as
"model homes".
3. Condition No. 38 and 41
Basin Maintenance.
In
3
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satisfaction of Condition No. 41 and partial satisfaction of
Condition No. 38 of the Resolution, Developer agrees as follows;
3.a. Construction of Detention Basin. On
, the City issued grading permit No. to the
Developer for the construction of a runoff detention basin to
service its proj ect at the location identified by said permit
("Detention Basin"). The Developer has furnished improvement
securities to the City to guarantee the faithful performance of the
construction of the Detention Basin and to secure the payment of
material and labor in connection with such installation. Developer
agrees to complete construction of the Detention Basin, in strict
conformity and in accordance with the plans and specifications
previously approved by the City, on or before the one year
anniversary date of the City's issuance of Permit No.
Developer acknowledges and agrees that if the Detention Basin is
not completed within the time agreed herein and the City has not
granted an extension of time, the sums provided by said improvement
securities may be used by the City for the completion of the
Detention Basin in accordance with those plans and specifications
approved by the City Engineer. Developer also agrees that the City
may take any and all actions necessary in order to obtain the funds
necessary for the completion of the Detention Basin. Developer
agrees to pay to the City any difference between the total costs
incurred to perform the work, including but not limited to
reasonable design and administration of construction, and any
proceeds received from the improvement securities.
3.b. PUblic or Private Facility. Developer and City
acknowledge that, as of the date of execution of this Agreement, no
resolution has been made as to whether the completed Detention
Basin will become a public facility or remain under private
control. Developer understands and agrees that the City has the
absolute discretion not to accept the Detention Basin as a public
facility. However, if the City accepts the Detention Basin as a
public facility, it is further understood and agreed that Developer
shall guarantee the Detention Basin for a period of one year from
the date of its acceptance by the City and correct wi thin said
period any and all defects and/or deficiencies arising during this
period as a result of the acts or omissions of Developer, its
agents or employees in the construction of the Detention Basin. If
the Detention Basin is accepted by the city, Developer shall grant
to the City by appropriate conveyance (fee title) the Detention
Basin and any easements over the adjoining property as needed to
maintain the same. If the Detention Basin remains a private
facility, Developer shall provide, upon request by the City,
easements to the City for emergency ingress and egress to the
Detention Basin.
3.c. Maintenance Obligations. Developer shall maintain
or cause to be maintained the Detention Basin, in accordance with
the Maintenance Program described in paragraph 3 (d), until the
~ <) !J~~
earlier to occur: (a) the acceptance of 100% of the maintenance for
said improvement by an established Maintenance District; or (b) the
acceptance of 100% of the maintenance by an established Home Owners
Association after the City has reviewed and approved the
Association' s "Conditions / Covenants and Restrictions" as it
pertains to the maintenance of the Detention Basin; or (c) the
City's acceptance of the maintenance for such improvement in the
event the City accepts the Detention Basin. Developer shall
provide the City with improvement securities concurrent with the
Developer's submittal to the city of the maintenance program
described in paragraph 3(d) / in the amounts to be determined by
the City, in its sole discretion, to guarantee Developer's
maintenance of the Detention Basin in accordance with this
paragraph. In the event of Developer's default in the performance
of its maintenance obligations, Developer agrees to pay the City
any difference between the total costs incurred by the City to
perform such maintenance work, and any proceeds from the
improvement security.
3.d. Maintenance Program. Developer shall prepare a
Basin Maintenance Program for the Salt Creek Detention Basin no
later than 120 days after the date of the City's approval of this
Agreement. Such a maintenance program is subject to the approval
of the city Engineer. The Maintenance Program shall include, but
is not limited to, an operations manual describing the maintenance
program and usual maintenance and operation of the Detention Basin,
an estimate of the costs of such maintenance operations, and a
mechanism for financing said maintenance activity. Developer is
responsible for obtaining the approval of the Maintenance Program
from the applicable federal or state agencies, including but not
limited to the California Department of Fish and Game and/or the
U.S. Army Corps of Engineers.
3.e. Future Agreements. Developer agrees to diligently
and in good faith negotiate with th~ City and if appiicable, the
California State Department of Fish and Game to enter into
agreement(s) in order to implement the Basin Maintenance Program.
3.f. withholding Building Permits. Developer further
understands and agrees that the performance of Developer's
obligations hereunder is required for the health and safety of the
residents of its Project. Therefore Developer agrees that the City
shall have no obligation to issue any building permits for
production units in the Project until and unless Developer has
complied with the terms of paragraph 3 of this Agreement.
4. Condition No. 55 - Building Permits. In satisfaction of
Condition No. 55 of the Resolution, the Developer agrees that:
4.a. The City may withhold occupancy permits for any
unit within the Project if anyone of the following occur:
5
;<;!J-?
i. Regional development threshold limits set by
the East Chula Vista Transportation Phasing Plan have been reached.
ll. Traffic volumes, levels of
utilities and/or services exceed the adopted
standards in the then effective Growth Management
service, public
City threshold
Ordinance.
4.b. The City may withhold building permits for any of
the units within any phase of development identified in the PFFP,
if the required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the City. The Developer may propose
changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may
be amended as approved by the City Planning Director and Public
Works Director.
5. Condition No. 58 Subdivision Map Indemnity. In
satisfaction of Condition No. 58 of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the City, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this Project.
6. Condition No. 59 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 59 of the Resolution, the Developer
agrees that, on the condition that city shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the city, and' its agents,
officers and employees, from any- claim, action, or proceeding
against the City, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
7. Condi tion No. 66 Cable Television Easements. In
satisfaction of Condition No. 66 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
ci ty of Chula Vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula Vista
the condition of such grant being that (a) such access is coordi-
6
)~3~?
nated with Developer's construction schedule so that it does not
delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a determina-
tion by the City of Chula vista that they have violated the
conditions of the grant.
8 . Condition No. 94 Fire Prevention Facilities. In
satisfaction of Condition No. 94 of the Resolution, Developer
acknowledges that Developer is responsible for providing fire
prevention facilities and equipment, including construction of a
fire station, in accordance with the Salt Creek Ranch Public
Facilities Financing Plan ("PFFP"), !;!;3.4 et. seq. as may be
amended from time to time. Developer agrees to comply with the
PFFP requirement with respect to the construction of said facili-
ties within the time frames set forth by the PFFP.
9. UnfUlfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Salt Creek Ranch
Tentative Map, Tract 92-02 established by Resolution No. 16834
approved by Council on October 6, 1992 and shall remain in
compliance with and implement the terms, conditions and provisions
of the Agreement.
10. Park Fees Collected. ci ty acknowledges and agrees that
funds collected from the Developer 'in accordance with the City's
Parkland Dedication Ordinance shall be placed in an interest-
bearing account, to be used solely for the Project's park
improvements. Notwithstanding the foregoing, the City has the sole
discretion to determine what park improvements shall be constructed
for the Project.
11. satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer'S
obligation of Conditions 30b, 31, 41, 55, 58, 59, 66 and 94 and
partial satisfaction of Condition No. 38 of the Resolution.
12.
prepared
party.
Recording. This Agreement, or an abstract hereof
by either or both parties, may be recorded by either
j( [f-6
13. Miscellaneous.
13. a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
Pacific Bay Homes
2300 Boswell Road, Suite 209
Chula Vista, CA 91914
Attn: Liz Jackson
Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
l3.b. Captions. captions in this Agreement are inserted
for convenience of reference and do 'not define, describe or limit
the scope or intent of this Agreement or any of its terms.
13. c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
13. d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
l3.e. Recitals; Exhibits. Any recitals set forth above
and any attached exhibits are incorporated by reference into this
j<; g - (
Agreement.
l3.f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation, enforce-
ment or rescission hereof, the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the
relief sought.
IN WITNESS
Agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
CITY OF CHULA VISTA
DEVELOPER:
By' ~
'dr1 I'bJ~
(Narn ) ( (J
6r, \; Ice P(f'f",dt'n-t-
(Title)
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
By:
(Name)
Approved as to form:
(Title)
Approved as to form:
John M. Kaheny, City Attorney
Attorneys for Developer
H:\Holllc\A nomcy\SStA \Salt.SSI
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LOCATOR PROJECT Salt Creek Ranch PROJECT DESCRImot-<
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PROJECT East "H" Street I
,\DDRESS: Proctor Valley Road
SCALE: F1l!NUMBER, I A TT ACHMENT 1
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ATTACHMENT 2
- This Page Blank -
SEP-02-97 ~B,5q FROM:PAC1F1C BAY HOMES
1D:619 656 q306
PAGE
2/2
THE CI1Y OF CB.T.lLA VISrA DISCLOSVRE STATEMENT
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ATTACHMENT 3
- This Page Blank -
~__ I --
/.
RESOLUTION NO. 15834
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION HAP FOR SALT
CREEK RANCH, CHULA VISTA TRACT 92-02 AND HAKING THE
NECESSARY FINDINGS, RECERTIFYING SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT SEIR 91-03 (SCH 189092721)
AND READOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR
THE SEIR
WHEREAS, the property which is the subject matter of this resolution is
identified and described on Chula Vista Tract 92-02, and is commonly known as
Salt Creek Ranch ("Property.); and,
WHEREAS, the Baldwin Company filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map known
as Salt Creek Ranch, Chula Vista Tract 92-02, with the Planning Department of the
City of Chula Vista on June 15, 1992 ("Project"); and,
WHEREAS, said application requested the approval for the subdivision of
approximately 1197.4 acres located on both sides of Proctor Valley Road, east of
the easterly terminus of East H Street, into 2,609 residential lots, open space
areas, two school lots, two parks and two community purpose faCility lots; and,
WHEREAS, the development of the Property has been the subject matter of a
Genera 1 Development Pl an ("GDP") previ ous ly approved by the City Counci 1 on
September 25, 1990 by Resolution No. 15875 ("GDP Resolution") wherein the City
Council, in the environmental evaluation of said GDP, relied in part on the Salt
Cree~ Ranch, General Development Plan, Environmental Impact Report No. 89-03, SCH
. No. 89092721 ("Program EIR 89-03"), a program environmental impact report as same
is defined in CEQA Guideline Section 15168; and,
WHEREAS, the development of the Property has been the subject matter of a
Section Planning Area Plan ("SPA Plan") previously approved by the City Council
on March 24, 1992 by Resolution No. 16554 ("SPA Plan Resolution") wherein the
City Council, in the environmental evaluation of said SPA Plan, relied in part
on the "Salt Creek Ranch, Sectional Planning Area (SPA) Plan Final Supplemental
Environmental Impact Report No. 91-03", SCH No. 89092721 ("SEIR 91-03"); and,
WHEREAS, this Project is a subsequent activity in the program of
deve 1 opment envi ronmenta lly evaluated under Program EIR 89-03 and SEIR 91-03 that
is virtually identical in all relevant respects, including lot size, lot numbers,
lot configurations, transportation corridors, etc., to the project descriptions
in said former environmental evaluations; and,
WHEREAS, the City Envi ronmenta 1 Revi ew Coordi nator has revi ewed the
proposed Tentati ve Map and determi ned that is in substanti a 1 conformance wi th the
SPA Plan, therefore no new environmental documents'are necessary;
.:/
1-.
A TT ACHMENT 5
Res)lution No. 16834
Page 2
WHEREAS, the Plannin~ Commission held an advertised public hearing on said
project on September 23, 1992 and recertified SEIR 91-03, voted to recommend that
the City Council approve the Tentative Hap in accordance with the findings and
conditions listed below and readopted the Statement of Overriding Considerations
and the Mitigation Monitoring Program; and,
WHEREAS, the City Council set the time and place for a hearing on said
tentative subdivision map application and notice of said hearing, together with
its purpose, was given by its publication a newspaper of general circulation in
the City and its mailing to property owners within 1,000 feet of the exterior
boundaries of the property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
4:00 p.m., October 6, 1992, in the Council Chambers, 276 Fourth Avenue, before
the City Council and said hearing was thereafter closed.
NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR 89-03 and SEIR 91-03, would
have no new effects that were not examined in the preceding Pr09ram
EIR 89-03 and SEIR 91-03 (Guideline 15168 (c) (1); and,
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR.
The City Council hereby finds that (1) there were no changes in the
project from the Program EIR and the SEIR which would require
revisions of said reports; (2) no substantial changes have occured
wi th irespect to the ci rcumstances under whi ch the project is
undertaken since the previous reports; (3) and no new information of
substantial importance to the project has become available since the
issuance and approval of the prior reports; and that therefore, no
new effects coul d occur or no new miti gati on llIeasures wi 11 be
required in addition to those already in existence and current made
a condition for Project implementation. Therefore, the City Council
approves the Project as an activity that is within the scope of the
project covered by the Program EIR and SEIR, and therefore, no new
environmental documents are required (Guideline 15168(c)(2)).
SECTION 3. Incorporation of All Feasible Miti9ation Measures and Alternatives.
The City does hereby adopt and incorporate herein as conditions for
all approvals herei n granted all IIi ti gati on lIleasures and
alternatives, if any, which it has determined, by the findings made
in the GDP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development Plan and the SPA Plan,
respectively.
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Resolution No. 16834
Page 3
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by
law, that this Project is an activity within the scope of the
program approved earlier in the GDP Resolution and the SPA Plan
Resolution and the Program EIR and SEIR adequately describes the
activity for the purposes of CEQA (Guideline 15168 (e)).
SECTION 5. General Plan Findings--Conformance to the General Plan.
Pursuant to Government Code Section 66473.5, in the Subdivision Map
Act, finds that the tentative subdivision map as conditioned herein
for Salt Creek Ranch, Chula Vista Tract no. 92-02, is in conformance
with all the various elements of the City's General Plan, the Salt
Creek Ranch General Development Pl an and Secti ona 1 Pl anni ng Area
Plan based on the following:
a. Land Use - The project is a planned community which provides
a variety of land uses and residential densities ranging
between 1.2 and 17.9 dwelling units per acre. The project is
also consistent with General Plan policies related to grading
and landforms.
b. Circulation - All of the on-site and off-site public and
private streets required to serve the subdivision consist of
Ci rcul ati on El ement roads and 1 oca 1 streets in 1 ocati ons
required by said Element. The applicant shall construct those
facilities in accordance with City standards or pay in-lieu
fees in accordance with the Salt Creek Ranch Public Facilities
Financing Plan.
c. Hous i ng - The app 1 i cant is requi red to enter into an agreement
wi th the Ci ty to provi de and implement a low and moderate
income program within the project prior to the approval of any
Final Map for the project.
d. Conservation and Open Space - The project provides 452 acres
of open space, 37% of the total 1197.4 acres. Grading has
been limited on steep hillsides and grading plan approval will
require the revegetation of slopes in natural vegetation.
e. Parks and Recreation - The project will provide a 22 acre
(gross) community park, a 7 acre (gross) neighborhood park and
the payment of PAD fees or additional improvements as approved
by the Director of ParKs and Recreation. In addition,
equestrian and recreational trail systems will be provided
throughout the project, ultimately connecting with other open
space areas and trail systems in the region.
f. Seismic Safety - No seismic faults have been identified in the
vicinity of the property.
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Resolution No. 16834
Page 4
g.
Pub 1 i c Safety - All pub 1 i c and pri vate facil iti es wi 11 be
reachable within the threshold response times for fire and
police services.
h. Public Facilities - The applicant will provide all on-site and
off-site streets, sewers and water facilities necessary to
serve this project. In addition. the project is preserving a
potential fire station site. The developer will also
contri bute to the Otay Water Di stri ct I s improvement
requi rements to provi de termi na 1 water storage for thi s
project as well as other major projects in the eastern
territories.
i. Noise - The project will include noise attenuation walls .as
required by an acoustic study dated July 15. 1992 prepared for
the project. In addition. all units are required to meet the
standards of the UBe with regard to acceptable interior noise
level s.
j. Scenic Highway - The roadway design provides wide landscaped
buffers along the two scenic highways. Proctor Valley Road and
Hunte Parkway.
k. Bicycle Routes - Bicycle paths are provided throughout the
project.
1. Public Buildings - The project provides a fire station site
and two school sites to serve the area. The project is also
be subject to RCT and DIF fees.
SECTION 6. Subdivision Map Act Findings.
A. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act. the
Council certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents
of the City and the available fiscal and environmental
resources. The development wi 11 provi de for a vari ety of
housing types from single family detached homes to attached
single family and multiple family housing and will provide low
and moderate priced housing consistent with regional goals.
B. Opportunities for Natural Heating and Cooling Incorporated.
The confi gurati on. ori entati on and topography of the site
partially allows for the optimum siting of lots for passive or
natura 1 heati ng and cool i ng opportuni ti es as requi red by
Government Code Section 66473.1.
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Resolution No. 16834
Page 5
C. Finding re Suitability for Residential Development.
The site is physically suitable for residential development
and the proposal conforms to all standards established by the
City for such projects.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
The City Council does hereby approve, subject to the following
conditions, the tentative subdivision lllap for Salt Creek Ranch,
Chula Vista Tract 92-02 (Unless otherwise specified, all Conditions
and Code Requirements shall be fully completed to the City's
satisfaction prior to the approval of the First Final Hap. Unless
otherwise specified, .dedicate. means grant the appropriate
easement, rather than fee title):
The developer shall:
General/Preliminarv
1. Prepare amendments to the Public Facilities Financing Plant
(PFFP) to reflect the modifications to the sequence of de-
velopment as indicated on Exhibit A (attached) and condition
No. 2 herei nand whi ch indi cates a reducti on in Phase 1 to
1,137 dwelling units by deleting lots/dwelling units in
locations and numbers, subject to the approval of the Director
of Planning and the City Engineer. For purposes of these
conditions, Phases 1-3 cited in these conditions shall be
composed of those neighborhoods or portions of neiJhborhoods
as indicated on Exhibit A. (Planning. Engineering
2. Install public facilities in accordance with the Public
Faci 1 i ti es Fi nanci ng Pl an as amended or as requi red by the
City Engineer to meet threshold standards adopted by the City
of Chula Vista. In addition, the sequence that improvements
are constructed shall correspond to any future East Chul a
Vista Transportation Phasing Plan as may be amended in
accordance with the final HNTB SR-125 Financing Study adopted
by the City. The City Engineer and Planning Director may, at
thei r di screti on, modi fy the sequence of improvement
construction should conditions change to warrant such a
revision. (Engineering)
3. The mitigation measures required before Final Hap approval by
Final Supplemental Environmental Impact Report for Salt Creek
Ranch (FSEIR) 91-03 are hereby incorporated into this
Resolution by reference. Any such measures not satisfied by
a specific condition of this Resolution or by the project
design shall be implemented to the satisfaction of the
Director of Planning. Mitigation measures shall be monitored
via the Mitigation Monitoring Program approved in conjunction
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Resolution No. 16834
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with the FSEIR. Modification of the sequence of mitigation
shall be at the discretion of the Director of Planning should
changes in circumstances warrant such revision. (Planning)
Unless otherwise conditioned, the developer shall comply with,
remain in compliance with, and implement, the terms,
conditions and provisions of the Salt Creek General
Deve 1 opment Pl an, Secti ona 1 Pl anni ng Area Plan, and such
Master Plan of Reclaimed Water, Urban Runoff Report, Habitat
Enhancement Plan, Master Plan of Sewage, Water Conservation
Plan, the Air Quality Improvement Plan Design Guidelines and
the Public Facilities Financing Plan approved by the Council
("Plans") as are applicable to the property which is the
subject matter of this Tentative Map, prior to approval of the
Final Map, or shall have entered into an agreement with the
City, providing the City with such security (including
recordati on of covenants runni ng wi th the 1 and) and
implementation procedures as the City may require, assuring
that, after approval of the Final Map, the developer shall
continue to comply with, remain in compliance with, and
implement such Plans. Developer shall agree to waive any
claim that the adoption of a final Water Conservation Plan or
Air Quality Plan constitutes an improper subsequent imposition
of the condition. (Planning, Engineering)
Streets. Riahts-of-Wav and Imorovements
4.
i
5. Provi de securi ty in accordance with Chapter 18.16 of the
Municipal Code and dedicate construct full street improvements
for all public and portions of private streets shown on the
, Tentative Map within the subdivision boundary or off-site, as
I required for each unit or phase. Said improvements shall
include, but not be limited to, asphalt concrete pavement,
base, concrete curb, gutter and sidewalk, sewer reclaimed
water and water utilities, drainage facilities, street lights,
signs, fire hydrants and transitions to existing improvements.
All streets shall conform to the City's Street Design
Standards Pol icy adopted by City Counci 1 Reso 1 uti on 115349
unless otherwise conditioned or approved by the City Engineer.
Construct transitions to existing improvements in the manner
required by the City Engineer. (Engineering)
6. Dedicate for public use all the streets shown on the tentative
map within the subdivision boundary except private streets.
(Engineering)
7. Construct or enter into an agreement to construct the
following street improvements prior to the approval of the
correspondi ng Fi na 1 Map for the nei ghborhoods i denti fi ed. The
required security shall be provided for each facility prior to
approval of the Final Map for the corresponding neighborhood
or porti on thereof. Constructi on of appropri ate full or
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Resolution No. 16834
Page 7
pa rt i a 1 improvements for each nei ghborhood or porti on thereof.
as indicated in Matrix A (full) or Matrix B (partial) shall be
comp 1 eted pri or to issuance of occupancy pennits for each
affected neighborhood or portion thereof.
MATRIX -A-
NEIGHIDRHOOD fACUTIES IIEEDED*
1 1,2,3,18
2 1,2,4, ]0, 11. 18
3 1,18
4A 18
4B 1,18
5 1,18
6 1. -I. 9. 18, 20
7A 1,4,10, ]8,20
7B 1,4,5,9,18,20
8 5,6,9,2.0,21
9 S, 6, 7, 8, 9, 20
lOA 5, 6, 7, 8, 9. IS, 16, 20
lOB S, 6, 7, 9, IS, 16, 20
11 5, 6, 9, 12, 13, 14, 17,20
12 5,6,9, 12, 13, 20
13 5, 6, 9, 12, 20
'See Table 1 for ~esaiption of each facility.
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Resolution No. 16834
Page 8
1IA11lIX'II"
Construct the following paniaJ im"""""""'B in oaxxdance wilh the !lhainI plan [or reYiaed ~t ""'I"""""]
.. indicated OIl Exhibit A .""ched.
_lA
~ PAKllAL FAaUlIES NEI!IlED
]a, 3b, oIb, Sb, 6a 1,18 full improYCD<:llB. FlId1ity No. 19,I'rtx:tor V~ Rood, IhaIl be zraded full
widlh and paved wilh two lan<s in 1ieu of comttucting fiocility #18.
_18
HCsbborbood
#la 90 units a. 3 - grade to ultimate, im~ 4 lanes and center median.
#2a,b-2J 3 uni..
#4a-loo units b. .., 5 - grade 10 ultimate, c:onstrua a 2 lane faoliry to tM: satisfaction of the City
#5a-]]9 units Engineer.
#61>-113 units
c. 9, 10,20 full improw:ments
d. 21 - constrUct 2lan<s of Duncan Ranch Rd. to the park """""ce. Improve the 12
acre park.
Facility 11:
Deposit cash with the City Engineer to provide security for the future
construction of full street improvements for Hunte Parkway, including underground
utilities, north of its intersection with Street 1111 to the northerly
subdivision boundary in lieu of constructing said full improvements. The amount
of deposit shall; be based on a developer's cost estimate submitted to and
improved by the City Engineer. The deposit shall be paid prior to approval of
the Final Map for Neighborhood 2. Notwithstanding the foregoing, construct a 24-
foot wide paved access road between street "1111" and the northerly subdivision
boundary at the time Hunte Parkway, between Proctor Valley Road and Street
"1111", is constructed, or at such time as the existing access road is removed,
whichever occurs first. (Engineering)
Facility 19:
Provide security for facility #19 (Proctor Valley Road offsite) prior to issuance
of the building permit for the 1138th unit. Complete full grading and construct
two lanes prior to occupancy of the 1756th unit. Construct full improvements
prior to issuance of the 2176th building permit.
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Resolution No. 16834
Page g
TABLE I
DESaUPIlON 01' lllANSPORTATION FA.aUI1ES
Facility No. - Partioo
I Une Avenue Soum Subdivision boundary to Proctor Valley Road
2 Lane Avenue Proctor Valley Rd. to entr.lnce NH 1&2
3 Proctor Valley Rd. West Subdivision Boundary to Uine
4 Proctor Valley Rd. lane to Hun", Parkway
5 Proctor Valley Rd.' Hunte to Neighborhood 7B
6 Proctor Valley Rd.' Neighbomood 7B to yyyy
7 Proctor Valley Rd.' St. yyyy to St. =
8 Proctor Valley Rd.. St. axx:: to East Subdivision Boundary
9 Hunte Parkway Soum Subdivision Boundary to Proctor Valley Road
10 Hunte Parkw-ay Proctor Valley Road to Entrance of Neighborhood 7A
II Hunte Parkway Neighborhood 7A Entrance to North Subdivision Boundary,
grade full width, pa""
2 lane road, cash bond for ultimate improw:ments, extend
utilities to Subdivision Boundary
12 yyyy Proctor Valley Road to Neighborhood 9 Northern boundary.
13 yyyy Neighborhood 9to Neighborhood 12.
14 yyyy Neighborhood 12 to Northern Subdivision boundary.
IS CCCC Proctor Valley Road to Northern Boundary Neighborhood 9.
16 = Neighborhood 9 to North Boundary Neighborhood lOA.
F = Neighborhood lOA to yyyy
18 Mac:J<enzie Creelc Rd. West Subdivision Boundary to lane.
19 Proctor Valley Road West Subdivision Boundary to Mt. Miguel Rd.
20 Hunte Parkway Soum Subdivision Boundary to Olay Lakes Road.
21 Duncan Ranch Road Within Subdivision.
, These segment> of Proctor Valley Road shall be graded and constructed to 6 lane prime standards unless
stucfu:s conducted for the Olay.Ranch development indicate a lesser ~ standard is adequate and that
reduction is appro~ through a change of the meet dassification in the circulation eIemc1r of the
Gener.ll Plan.
n eenn2'l
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Resolution No. 16834
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8. Provi de on the Fi na 1 Hap Ci ty reject i on of an i rrevocab 1 e
offer to dedi cate (IOD) the ri ght-of-way for Hunte Parkway
north of Street "III" in Neighborhood 2. Grant an open space
easement over the balance of the right-of-way within the 100
subject to the condition that it revert to street purposes if
and when the City later accepts the 100. (Engineering)
9. Provide red curbs and "no parking" signs to prohibit on-street
parking on lane Avenue and stripe bicycle lanes.
(Engineering)
10. Provide red curbs and "no parking" signs to prohibit on-street
parking on the westerly side of Hunte Parkway between Proctor
Va 11 ey Road and the southerly subdi vi si on boundary.
(Engineering)
11. Design and construct lane Avenue as a Class I collector.
(Engineering)
12. Requested Waiver 1 is approved subject to compliance with
parking requirements in Street Design Standard Policy, item
#20, page 12. Requested waivers 2 through 7 as listed on the
tentative map and reduction of the centerl ine radius of Street
"CCC" to 150 feet are hereby approved subject to submi ssi on of
a letter from a registered civil engineer indicating that the
results of the waivers requested conform with common
engineering Eractice and standards in consideration of public
safety. (Engineering, Planning)
13. Construct a temporary turnaround at the end of any streets
jwhich are not constructed to their full lengths that are
greater than 150 feet in length as measured from the nearest
intersection, except as approved by the City Engineer.
(Engineering)
14. Construct or provide to the specifications or satisfaction of
the City Engineer the following features to all neighborhoods
with private streets with controlled access devices, such as
gates:
a. Gates located to provi de suffi ci ent room to queue up
without interrupting traffic on public streets.
b. Turn arounds at the gates.
c. Delineation of border between public street and private
street by enhanced pavement. No enhanced pavement shall be
located within public right-of-way.
d. Emergency vehicle access. (Engineering)
15. Install fully activated traffic signals including interconnect
/c.
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Resolution No. 16834
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wiring at the following intersections:
a. Proctor Valley Road/Lane Avenue
b. Proctor Valley Road/Hunte Parkway
c. Proctor Valley Road/Duncan Road
d. Proctor Valley Road/Oak Creek Road
e. Proctor Valley Road/Street .YYYY.
f. Lane Avenue/Otay Lakes Road
g. Hunte Parkway/Otay Lakes Road
Insta 11 underground improvements, standards and 1 umi nari es
with construction of street improvements, and install mast
arms, signal heads and associated equipment when signal
warrants are met, as determined by the City Engineer.
(Eng inee ring)
16. Install interconnect condui t, pull boxes and pull rope to
connect the traffic signals along Proctor Valley Road within
the subdivision. (Engineering)
17. Install traffic counting station loops at seven locations
determined by the City Engineer. (Engineering)
18. Submit to and obtain approval by the City Engineer striping
plans for all major and collector streets simultaneously with
the associated improvement plans. (Engineering)
19. Grant in fee the City a I-foot control lot at the northerly
terminus of Hunte Parkway and Street "YYYY" and the southerly
terminus of Duncan Ranch Road. (Engineering)
20. Install transit amenities on both sides of Proctor Valley Road
(East "HIO Street) at the following locations, or appropriate
alternative locations as approved by the City Engineer:
a. Proctor Valley Road (East "HH Street)/Hunte Parkway
intersection.
b. Proctor Va 11 ey Road (East "HH Street) /Lane Avenue
intersection
Transit amenities include, but are not limited to benches
and/or shelters, and are subject to the approval of the City
Engineer.
Pay a $10,000 cash deposit to the City to fund transit
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Reso,utian No. 16834
Page 12
amenities when required. (Engineering)
21. Dedicate to the City right-of-way at the easterly end of
Street 1111 to provide for the future extension of said
street. Said dedication shall extend to the subdivision
boundary the exact configuration and location of which are
subject to approval of the City Engineer and the Director of
Planning. All right-of-way which is not utilized by the
street to be constructed shall be rejected by the City on the
final Hap. This dedication shall be in lieu of the easement
indicated on the Tentative Hap over lot 76, Neighborhood 11
which shall not be shown on the final Hap. (Engineering,
Planning)
22. Provide public street access to the northern adjacent
properties upon development of Neighborhood 11 by means of
Street YYY stubbi ng into sai d area, as depi cted on the
Tentative Hap, subject to approval of the City Engineer and
the Director of Planning. Prior to approval of the first
final Hap for Neighborhood 12, the northern adjacent property
owners of record shall demonstrate to the satisfaction of the
City Engineer and Director of Planning that alternate public
street access to the northern adjacent properti es can be
reasonably and feasibly constructed by them, at their own
expense, from an economic, planning, environmental,
engineering and legal standpoint. Upon such a showing, the
developer shall provide private easement access up to the
existing dirt roads located at the end of Street HMMM and
Street NNNN, by means of Street SSSS, as depicted on the
Tentative Hap. (Engineering, Planning)
i
23. Grant to the City an easement or easements for street tree
planting and maintenance, and landscape buffer areas along all
public streets in the width required by the City's Street
Design Standards. (Engineering)
24. Acquire and then grant to the City all offsite rights-of-way
necessary for the i nsta 11 ati on of requi red street improvements
for the affected phase or unit, prior to approval of each
final Hap for each affected phase or unit of the subdivision.
(Engineering)
25. Notify the City at least 60 days prior to consideration of the
affected final Hap by City, if offsite right-of-way cannot be
obtained as required by Condition 24. (Only offsite right-of-
way or easements affected by Section 66462.5 of the
Subdivision Hap Act are covered by this condition).
After said notification and prior to the approval of the
affected final Map, the developer shall:
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Resolution No. 16834
Page 13
a. Pay the full cost of aCQulr1ng offsite right-of-way or
easements reQui red by the Condi t ions of Approval of the
Tentative Map.
b. Deposit with the City the estimated cost of acquiring said
right-of-way or easements. The amount of the deposit is
subject to the approval of the City Engineer.
c. Prepare and submit all easement and/or right-of-way
documents, plats and appraisals necessary to commence
condemnation proceedings.
If the developer so requests, the City may use its power of
eminent domain to acquire right-of-way, easements or licenses
needed for offsite improvements or work related to the
tentative map. The developer shall pay all costs, both direct
and indirect incurred in said acquisition.
The condition to construct the related offsite improvements
which fall under the purview of Section 66462.5 of the State
Subdivision Map Act are waived in accordance with that section
of the Act, if the City does not acquire or commence
proceedings for immediate possession of the property within
the 120 day time limitation specified in that section.
(Engineering)
26.
Widen intersection
Parkway to the
(Engineering)
approaches for Proctor Valley Road/Hunte
sati sfacti on of the Ci ty Engi neer.
27. Construct private streets in accordance with the standards
contained in the subdivision manual and street design
standards unless otherwi se approved by the City Engi neer.
Private street cross sections shall conform to those shown on
the tentati ve map for curb-to-curb wi dth and ri ght-of-way
width, with the exception of the private street section for
Neighborhood 13 which shall have a 48 ft. right-of-way width,
and 32 ft. curb-to-curb. (Engineering)
28. Provi de standard curb and gutter for all pub 1 i c streets.
Street sections as shown on the Tentative Map are approved
unless otherwise conditioned. (Engineering)
Sewers
29. Grant the City fee title to a parcel within which the Salt
Creek Ranch sewer pump station shall be located. Design and
construct the sewer pump station subject to the approval of
the Cities of Chula Vista and San Diego. (Engineering)
30. Provide security and construct the following offsite sewer
improvements prior to approval of any Final Map which requires
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Resolution No. 16834
Page 14
the Eastlake sewer pump station on Otay Lakes Road to provide
sewer service:
a. A gravity sewer right-of-way from the southerly subdivision
boundary to the EastLake pump station.
b. Upgrade the EastLake pump station, as determined by the
City Engineer, to provide pumping capacity and emergency
measures to accommodate temporary sewage flows from Salt
Creek Ranch.
Obtain approval of the design of said improvements from the
City Engineer. (Engineering)
31. Request and complete i ncorporat i on into the exi sti ng sewer
service surcharge district to provide for future maintenance
of the Salt Creek Ranch and Eastlake pump stations, prior to
approval of the first Final Hap of a phase or unit served by
the Eastlake pump station. Deposit $2,000 to cover costs of
incorporation. Pay the full cost of said incorporation.
(Engineering)
32. Provide access to all sanitary sewer manholes via an improved
access road with a minimum width of 12 feet, designed an H-20
wheel load, or other loading, subject to the approval of the
City Engineer. (Engineering)
Gradinq and Drainaqe
33. Grade rear or side yard access to all public storm drain
,structures, including inlet and outlet structures, and
'construct paved access thereto except as otherwise directed by
the City Engineer. (Engineering)
34. Place all lot lines at top of slope, except in Neighborhoods
9-13, where the SPA concept allows for this exception. Final
grading plans and lot line locations shall be subject to
approval of the City Engineer and Directors of Planning, and
Parks and Recreation and the Fire Harshal. (Engineering,
Planning, Parks & Recreation, Fire)
35. Submit a list of proposed lots indicating whether the
structure will be located on fill, cut, or a transition
between the two situations prior to approval of each Final Hap
for single family residential use. (Engineering)
36. Submit grading proposals for review and approval by the City
Engineer and the Directors of Planning and Parks and
Recreation for consideration of balanced cut and fill, contour
gradi ng, uti li zati on of appropri ate soi 1 types, effective
1 andscapi ng and re-vegetati on where app 1 i cab 1 e. Grade in
separate phases unless a single phase operation is approved
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Resolution No. 16834
Page 15
with the grading plan.
Recreation)
(Engineering, Planning, Parks &
37. Provide a letter of penllission for grading from SDG&E prior to
any grading within or adjacent to an SDG&E easement or which
would affect access thereto. (Engineering)
38. Construct retention/detention facilities as approved by the
City Engineer prior to issuance of grading permits to reduce
the quantity of runoff to an amount equal to or less than
present flows for the 100 year frequency storm. (Engineering)
39. Prepare and obtain approval by the City Engineer and the
Director of Planning an erosion and sedimentation control plan
and landscape/irrigation plans as part of the mass grading
plans. (Engineering, Planning, Parks and Recreation)
40. Obtain notarized letters of permission for all offsite grading
prior to issuance of a gradingyermit for work requiring said
offsite grading. (Engineering
41. Accomplish the following prior to approval of a Final Map for
any unit or phase whi ch requi res drainage detenti on and/or
filtration basin(s):
a. Prepare a maintenance program including a schedule and a
fi nanci ng mechani sm for sai d detenti on and/or fil teri ng
basins. Said program shall be subject to approval of the
City Engineer.
b. Enter into an agreement with the City of Chula Vista and
the State Department of Fish and game wherein the parties
agree to implement the basin lIliIintenance program.
(Engineering)
42. Provide a comprehensive Best Management Practices (BMPs) study
regarding off-site drainage satisfactory to the City Engineer
and the City of San Diego's Water. Utilities Director prior to
approval of any Final Map in Neighborhoods 9-13. Install all
facilities as recommended in the study and shall implement a
maintenance district for these drainage facilities,
satisfactory to the Water Utilities Director. (Engineering)
43. Design the storm drains and other drainage facilities to
include BMPs to minimize non-point source pollution,
satisfactory to the City Engineer and the City of San Diego
Water Utilities Director. (Engineering)
44. Present evidence to the satisfaction of the City Engineer that
an agreement has been reached between the developer and the
City of San Diego Water Utilities Director to provide for the
protection of the reservoirs from urban pollutants prior to
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Resolution No. 16834
Page 16
the approval of any Final "Maps, implelllenting permits, or
issuance of any grading permits in Neighborhoods 9-13. Such
measurement shall include, but not be limited to ensuring BHPs
for stormwater and/or urban runoff including erosion control.
(Engineering)
Water
45. Gain approval by the City Engineer and the Otay Water District
(OWD) of a Master Plan of Water for Salt Creek Ranch prior to
approval of any Final Map. This plan shall include a
discussion of implementation and phasing, and participation in
the water all ocati on program and TSF fi nanci ng for thi s
project and other projects in the OWD Master Plan service
area. (Engineering, OWD)
46. Determine the exact locations for the proposed pump station
and reservoir to serve the 1296 Zone.prior to approval of the
first Final Hap requiring said facilities. (Engineering,
Planning, OWD)
47. Annex the project site to the OWD into Improvement District
No. 22, or establish a new improvement district for the
project area prior to approval of any final map. Obtain
wri tten verifi cat i on from OWD at each phase or unit of
development that the tract or parcel will be provided adequate
water service and long term water storage facilities.
(Engineering, OWD)
48. Make cons i stent wi th the Water Conservati on P1 an for Salt
i Creek Ranch dated October 1991 water conservati on measures for
roadside landscaping and landscape maintenance subject to the
approval of the Director of Planning. (Planning, Parks and
Recreation)
Reclaimed Water
49. Enter into an agreement with OWD to commit to use of reclaimed
water at the earliest possible date so that OWD can ensure
that an adequate supply is available prior to approval of any
Final Map. Make all reclaimed water use conform to the
applicable regulations of Chula Vista, Regional Water Quality
Control Board and the State Department of Health.
(Engineering, OWD)
50. Pay all costs incurred from retrofitting the reclaimed water
system, when reclaimed water becomes available. Determine the
amount of said deposit, subject to City approval, and pay said
deposit prior to approval of each associated Final Map.
(Engineering)
51. Insta 11 recl a imed water 1 i nes as out 1 i ned in the Public
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Facil ities Financing Plan at such time as the' road
improvements are constructed or the City Engineer determines
that the facilities are necessary to provide a link to a live
system. (Engineering)
Fees/Pavments
52. Pay the following fees:
a. Spring Valley Sewer Trunk connection fees ($130/acre) and
Frisbee trunk sewer fee prior to Final Map approval for any
phase or unit thereof contributing flow to the Spring
Valley Trunk Sewer.
b. Telegraph Canyon drainage fees in accordance with ordinance
2384 pri or to Fi na 1 Map approval for any phase or uni t
tributary to said basin. (Engineering)
53. Deposit $5,000 to provide for the first year's maintenance
costs prior to approval of the Final Map of any phase or unit
which requires the Salt Creek Ranch pump station to provide
sewer service. (Engineering)
Aqreements/Covenants
54. Enter into and execute an agreement to fund the project's fair
share of a park-and-ri de faci 1 i ty to be located in the
vicinity of the East H Street and SR-125 interchange.
(Engineering)
55. Enter into an agreement with the City for each phase or unit
thereof, whereby:
a. The developer agrees the City may withhold occupancy
permits for any units in the subject subdivision if anyone
of the following occur:
(1) Regional development threshold limits set by the
East Chul a Vi sta Transportati on Phas i ng Pl an have
been reached.
(2) Traffic volumes, levels of service, public utilities
and/or servi ces exceed the adopted Ci ty threshold
standards.
b. The developer agrees that the City may withhold building
permits for any of the phases of development identified in
the Public Facilities Financing Plan (PFFP) if the required
public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or
constructed to sati sfacti on of the Ci ty. The property
owner may propose changes in the timing and sequencing of
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Resolution No. 16834
Page 18
development and the construction of improvements affected.
In such case, the PFFP may be a~nded as approved by the
Ci ty Pl anni ng Di rector and Pub 1 i c Works Di rector.
(Engineering, Planning)
56. The developer shall agree to comply with the requirements of
the revised Eastern Chula Vista Transportation Phasing Plan
and Transportation Development Impact Fee Program or as said
documents may be revi sed based on the concl usi ons of the
H. N. T. B . State Route 125 financing study. (Engineering)
57. Enter into an agreement with the City agreeing not to protest
formation of a district for the lllaintenance of landscaped
medians and parkways along streets within and adjacent to the
subject property pri or to approval of any Fi na 1 Map whi ch
includes those facilities. (Engineering)
58. Enter into an agreement to defend, indemnify and hold harmless
the City and its agents, offi cers and employees, from any
claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision
provided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition that
the City fully cooperates in the defense. (Engineering)
59. Enter into an agreement with the City wherein the City is held
harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project. (Engineering)
60. Develop an interim urban runoff management plan and agree to
install required facilities to protect the water quality of
the Otay lakes prior to approval of any Final Map for any lot,
unit or phase which drains to the Otay lakes drainage basin,
subject to the satisfaction of the Cities of Chula Vista and
San Diego and the State Office of Health Services.
(Engineering)
61. Agree to participate in funding the development of a
comprehensive Otay lakes watershed lllanagement plan and to pay
a fair share of the construction cost of long term facilities
as may be determined by said plan. Enter into and execute an
agreement with the Cities of Chula Vista and San Diego and the
County of San Diego wherein the parties agree to implement the
lllanagement plan, sai d to be executed pri or to Fi na 1 Map
approval for any lot, unit or phase which drains to the Otay
lakes drainage basin. (Engineering)
62. Obtain permission from the City to deposit sewage in a foreign
basin and enter into an agreement whereby the City shall agree
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Resolution No. 16834
Page 19
to such transfer, and the circumstances under which said
permission may be revoked. (Engineering)
63. Enter into an agreement and provide appropriate security to
guarantee the ability to restore the sewer systems' reserve
capacity to that which currently exists, on a length-by-length
basis, for sewage diverted into the Telegraph Canyon Basin.
(Engineering)
64. Agree to parti cipate in the IIOnitori ng of exi sti ng sewage
flows in the Telegraph Canyon Trunk Sewer and, pursuant to any
adopted Basin Plan, agree to participate in the financing of
improvements set forth therein, in an equitable manner.
Execute said agreement prior to Final Hap approval for any
phase or unit thereof proposi ng to di scharge sewage into
Telegraph Canyon trunk sewer. (Engineering)
65. Enter into an agreement with the City to participate in
funding of the offsite Salt Creek Sewer Interceptor.
(Engineering)
66. Enter into an agreement wi th the City to insure that all
franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision prior to
the approval of Final Haps for each phase or unit. Restrict
access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are
in further comp 1 i ance with a 11 other rul es, regul ati ons,
ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been,
or may from time to time be issued by the City of Chula Vista.
(Engineering)
Public Parks and Trails
67. Prepare, submit and obtain Director of Parks and Recreation
approval, for a recreation needs analysis which identifies the
demand for various park facilities, to ensure that the parks
are equipped to meet the expressed needs of the community.
(Parks and Recreation)
68. Prepare, submit and obtain Director of Parks and Recreation
approval of a comprehensive Haster Plan for the open space
system, recreation trails and parks which shall include, but
not be limited to, phasing of the installation of facilities
in accordance with the recreation needs analysis.
The Master Plan shall reflect:
a. More precise location, size and configuration of parks,
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Resolution No. 16834
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recreation and equestrian trails and fencing than indicated
on the Tentative Map.
b. A multi-use bridged trail crossing of Salt Creek to the
community park in Phase 1 to create an east/west link over
Salt Creek.
c. The extension of equestrian and recreation trail systems to
the eastern property boundary on the south side of Proctor
Valley Road.
d. Pedestrian walkways from cul-de-sac ends on Streets DD. FF.
and GG designed with open ends along Proctor Valley Road
west of Hunte Parkway to the walk system adjacent to
Proctor Valley Road.
e. All open space access points shall have a minimum of 10 ft.
clear vehicular surface. with an additional 2 ft. clear on
either side of any vertical obstructions.
f. Determination of the open space district parcel boundaries
and maintenance responsibilities.
g. An equestrian-style fence adjacent to the 10 foot
recreation trail along the north side of the Community
Park. adjacent to Proctor Valley Road. and continuing along
the trail at the east side of the park to the point where
the trail enters the park.
h. Extension of the recreation trail within lots K and L
adjacent to EastLake, along the southerly property line of
Neighborhood 4d. along the westerly property line of said
Neighborhood (future San Miguel Road). and the westerly
edges of the Neighborhood Park and the Fire Station site.
This trail shall be a minimum of 10 feet in width and
provide maintenance vehicle access to each adjacent
open-ended residential cul-de-sac.
i. All aspects of work in the open space network and the park
sites shall comply with all approved landscape and
irrigation standards.
j. The design. and installation and improvement of the
parks/open spaces shall be in accordance with the standards
set forth in the City Landscape Manual as may be amended
from time to time. (Parks and Recreation. Planning,
Engineering)
69. Prepare agreement(s) to phase the parks as follows:
a. Complete constructi on of the port ions of Proctor Va 11 ey
Road and Duncan Ranch Road necessary to access the parking
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Resolution No. 16834
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lot driveway of the community park shall be constructed.
These streets shall be constructed prior to the completion
of the initial 12.0 acre phase of the community park. The
streets shall be to the satisfaction of the City Engineer
and the Director of Parks and Recreation.
b. The initial 12 net usable acres of the Community Park shall
be dedicated in fee and improvements commenced prior to or
concurrent with the recordation of the Final Map for the
592nd lot in Phase I. Complete constructi on of a 11 the
facilities required for the first 12 acres of the community
park within one year following the recordation of the Final
Map for the 592nd lot.
c. The remainder of the Community Park (8.23 net usable acres,
10 gross acres) shall be dedicated in fee and improvements
commenced prior to, or concurrent with the recordation of
the Final Map for the 1447th lot. Complete construction of
all the facilities required for the remaining 10 acres of
the community park within one year following the
recordation of the Final Hap for the 1447th lot.
d. The Neighborhood Park (5.71 net usable acres, 7.1 gross
acres), shall be dedicated in fee and improvements
commenced prior to the recordation of the Final Map of the
2200th lot. Complete construction of all the facilities
required for the neighborhood park within one year
following the recordation of the Final Hap for the 2200th
lot.
70.
e. At no time is the project to be deficient in park acreage.
If the standard of 3 acres per 1000 residents is exceeded
at any time, then the next phase of the community park or
the neighborhood park shall begin immediately.
Dedicate all required parkland (22 gross acres, Community
Park, 7 gross acres, Neighborhood Park) and park improvements
in accordance with the Master Plan and construction documents
prepared pursuant to Conditi on 73 as .turn-key. projects. The
Director of Parks and Recreation shall have the right of final
approval in the selection process of the general contractor
for both of the park sites. (Parks and Recreation)
Prepare, submit and obtain approval from the City Engineer,
and Directors of Planning and Parks and Recreation for the
design of the Greenbelt undercrossing of Proctor Valley Road
at Hunte Parkway where indicated on the Tentative Map. The
undercrossing shall have a lIinimum dimension of 15 ft. in.
height and 23 ft. in width, as indicated on Exhibit No. 103 in
the SPA Plan and the design shall be approved prior to any
Final Map for Phase 2. (Parks and Recreation, Engineering,
Planning)
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Resolution No. 16834
Page 22
72. Locate underground, surface or overhead easements off-site of
either park site, except for the necessary and required
easements for the on-si te park and recreati on facil it i es.
(Parks and Recreation. Engineering)
73. Enter into a Chula Vista standard three party agreement with
the City of Chula Vista and a design consultant, for the
design of all aspects of the neighborhood and community parks
in accordance with the Master Plan whereby the Parks and
Recreation Director selects the design consultant. The
agreement shall include, but not be limited to, the design
development phase, the construction document phase and the
construction supervision phase for the park sites. The
construction documents shall reflect the then current
requirements of the City's Code/Manual requirements. (Parks
and Recreation)
74. Prepare the Final Map in accordance with Exhibits Band C, to
indicate:
a. The modification in size and configuration to the community
park as set forth in the Master Plan.
b. Dedication in fee of the community and neighborhood parks
in corrected configuration.
c.Grading of the sites in accordance with the revised grading
schemes as i ndi cated on Exhi bi ts Band C. (Parks and
Recreation)
Street Trees/Open Space
75. Grant all open space lots to the City in fee on the applicable
Fi na I Map and a deed executed and recorded for each lot.
(Engineering)
76. Submit a schedule outlining the proposed turnover of
maintenance for open space areas to the City, subject to
approval of the Directors of Planning Parks and Recreation.
(Planning, Parks & Recreation)
77. Submit a list of open space items to be maintained and a rough
estimate of maintenance costs to allow City staff to determine
a preliminary cost and spread for the open space district.
(Engineering. Parks & Recreation)
78. Request that the City form an Open Space District to maintain
public Open Space lots and submit to the City the associated
diagram, cost estimate, description of work and a deposit of
$8,000 for processing the formation of the district.
(Engineering, Parks & Recreation)
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Resolution No. 16834
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79. 6a in approval of access to all of the open space areas for
maintenance purposes by the Directors of Parks and Recreation
and Planning, Fire Marshal and City Engineer during the Open
Space Master Plan stage as indicated in Condition 68. (Parks
& Recreation, Planning, Fire, Engineering)
80. Provide a 10 ft. wide access path for maintenance vehicles in
the greenbelt open space area (lots 0-8 through 6-8) bisecting
Neighborhoods 1 & 2. Final landscape materials and design for
thi s area shall be consi stent with open space criteri a,
subject to approval of the Director of Parks and Recreation
prior to approval of the final subdivision map for Subarea 1.
(Parks & Recreation)
81. Prepare, submit to and obtain approval of the Directors of
Parks and Recreation and Planning and the Fire Marshal, prior
to approval of final grading and landscape plans for Phase 3,
of final details of habitat enhancement, protective measures
for sensi ti ve habitat/speci es and temporary i rri gati on in open
space areas within Phase 3. (Parks & Recreation, Planning,
Fire)
82. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be
constructed entirely within open space lots dedicated to the
City. (Planning, Engineering)
83. Dedicate Lots A through HH to the City for open space
purposes. As biological habitat, lots Z and CC through GG
shall generally be restricted from any use except that access
roads to serve the SDG&E transmission towers and the drainage
retention ponds shall be permitted. In addition, in
accordance with Condition 22, a road providing access to
northerly adjacent properties may be permitted subject to the
approval of the Director of Planning and the City Engineer.
(Planning, Engineering)
84. Estab 1 i sh Homeowners Associ ati ons for Hei ghborhoods 5 (Lot
93), 8, 12 and 13 to provide for the maintenance of private
open space and streets prior to the approval of Final Maps for
said neighborhoods, subject to the approval of the Director of
Planning. (Planning)
85. Submit a comprehensive landscape plan for review and approval
of the City Landscape Architect and Director of Parks and
Recreation prior to approval of the first Final Map. Submit
comprehensive, detailed landscape and irrigation plans,
erosion control plans and detailed water IIIiInagement guidelines
for all 1 andscape i rri gati on in accordance with the Chul a
Vista Landscape Manual for the associated landscaping in each
Fi na 1 Hap. These detail ed landscape and i rri gati on plans
shall be for the review and approval of the City Landscape
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Resolution No. 16834
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Architect and Director of Parks and Recreation prior to the
approval of each Final Map. The landscaping format within the
project shall be in substantial conformance with Section 3.2
(Landscape Concept) of the Salt Creek Ranch SPA. (Planning,
Parks & Recreation)
86. Maintain a width on all open space lots adjacent to public
rights-of-way so as to provide 10 feet of landscaping
treatment behind the back of sidewalk. (Planning)
87. Include in the CC&R's that the maintenance of all private
facilities and improvements within open space areas are
managed by home owners associations. Submit to and gain
approval of said CC&Rs by the Director of Planning prior to
approval of the associated Final Map. (Planning)
Fire and Brush Manaqement
88. Provide the initial cycle of fire management/brush clearance
within lots adjacent to natural open space areas in Subarea 3
subject to approval of the Fire Marshal and the Director of
Parks and Recreation. (Fire, Parks & Recreation)
89. Install fire hydrants every 500 ft. for single family
residential and every 300 ft. for multi-family dwellings.
Install and make operable the hydrants prior to delivery of
combustible building materials. (Fire)
90. Locate fuel modification areas in Subarea 3 entirely within
affected lots. Indicate lot line extensions required to
i accommodate said areas on the Final Map(s) of Subarea 3,
subject to the approval of the City Engineer, Fire Marshal,
and Director of Planning. (Engineering, Fire, Planning)
91. Dedi cate to the City open space easements (OS E) over all
downhill side or rear slopes adjacent to Open Space lots Z, AA
and CC through GG in Subarea 3. These OSE's shall preclude
the construction of any structures within said easements and
shall 1 imit activities within the easements to landscape
maintenance of fuel modification plant materials. The wording
of the OSE's shall be subject to the approval of the Director
of Planning and the City Attorney. (Planning, C.A.)
92. Prepare and execute fuel modification plans consistent with
Section 3.6 of the Salt Creek Ranch SPA subject to the
approval of the Directors of Planning and Parks and Recreation
and the Fire Harshal prior to approval of any Final Hap in
Subarea 3. (Planning, Fire, Parks & Recreation)
93. Offer lot FS-l (fire station site) for dedication in fee to
the City prior to or concurrent with the recordation of the
first Final Map in Phase 2. (Fire, Engineering)
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Resolution No. 16834
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94. Provide fire prevention facilities and equipment, including
the construction of a fire station, if required, in accordance
with the Salt Creek Ranch Public Facilities Financing Plan.
Provide or secure said facilities and equipment in accordance
with a schedule as approved by the Fire Chief. (Fire)
Hi scell aneous
95. Include in the Declaration of Covenants, Conditions and
Restrictions provisions assuring maintenance of private
facilities including the private streets, sewer, and drainage
systems. Name the City of Chula Vista as party to said
Decl arati on authori zi ng the Ci ty to enforce the terms and
conditions of the Declaration in the same manner as any owner
within the subdivision. (Engineering, Planning)
96. Tie the boundary of the subdivision to the California System _
Zone VI (1983). (Engineering)
97. Submit copies of Fi~al Haps in a digital format such as (DXF)
graphic file prior to approval of each Final Hap for any unit.
Provide computer aided Design (CAD) copy of the Final Hap
based on accurate coordinate geometry calculations and submit
the information in duplicate on 5 1/2 HD floppy disk prior to
the approval of each Final Map. (Engineering)
98. Agree to participate in a regional or subregional multispecies
coastal sage scrub conservation plan prior to the approval of
the first Final Map. (Planning)
99. Suspend development of Neighborhood lOb and reconfigure the
northeastern Subarea 3 neighborhood to provide a wider open
space area for a regional wildlife corridor if, at the time
development is proposed for Neighborhoods lOa, lOb, and II, an
off-site regional wildlife corridor linking San Miguel
Mountain with the Upper Otay Reservoir has not been approved
as part of a habitat conservation plan. Make the width of the
open space area sufficient to ensure long-term viability of
the wildlife corridor, as indicated in the SPA Plan (PCM 91-4)
subject to the approval of the Director of Planning.
(Planning)
100. Submit and gain approval by the Design Review Committee
Precise Plans for the multiple family area within
Neighborhoods 4a (reference lot 1) and 5 (reference lot 93) at
gross densities of 18 dwelling units per acre and 6 dwelling
units per acre respectively. (Planning)
101. Provide sales disclosure documents which identify the
allowable uses in the Eastlake Business Center, subject to
review by the Director of Planning prior to the approval of
Final Maps in Neighborhoods 5 and 6. (Planning)
Resolution No. 16834
Page 26
102. Mitigate noise impacts on the residences along Proctor Valley
Road by the placement of solid walls or wall/berm combinations
on the building pads at the top of the slopes adjacent to the
roadway. The walls shall be solid masonry construction with
a material weight of at least 3.5 pounds per square foot which
would not allow any air spaces along their entire length. The
end of each noise wa'll shall wrap around the building pad
enough to block the line of sight from all points in the
exterior living space to any portion of the impacting roadway.
Indicate on the grading plans for Neighborhoods I, 3, 78 and
8 said walls in compliance with the Salt Creek Ranch SPA SEIR,
subject to the approval of the City Engineer and the Director
of Planning. (Planning, Engineering)
103. Retain a qualified biologist/environmental specialist to
oversee the construction of Proctor Valley Road, Hunte Parkway
and the reservoir and associated ,waterline and to monitor the
implementation of the mitigation measures related to
Bi 01 ogi ca 1 Resources as requi red by City Council Reso 1 ut'i on
16555-Mitigation Monitoring Program. (Planning)
104. Retain a qualified archaeologist to monitor the implementation
of the mi ti gati on measures re 1 ati ve to Cul tura 1 Resources
required by the City Council Resolution 16555-Mitigation
Monitoring Program. (Planning)
105. Provide the proposed list of fertilizers, pesticides,
herbicides and fungicides, and the landscaping plans to the
City of San Diego Water Utilities Department for approval
prior to approval of any Final Map in Neighborhoods 9-13.
i(Planning)
106. Submit for approval by the Director of Planning and the City
Engineer copies of proposed CC&Rs for the subdivision prior to
approval of each Final Map. (Planning, Engineering)
107. Design and improve lot A-3 in Neighborhood 3 (private park)
subject to the approval of the Director of Planning. Design
the park prior to the approval of any Final Map in
Neighborhood 3 and improve the park concurrently with the
immediate surroundinJ area, as determined by the Director of
Planning. (Planning
108. Design and improve lots 0-8 through G-8 in Neighborhood 8
(private recreation area) subject to the approval of the
Director of Planning. Design these areas prior to the
approval of any Final Map in Neighborhood 8 and improve the
areas concurrent with the immediate surrounding area as
required by the Director. (Planning)
109. Show evidence satisfactory to the Director of Planning that
the CC&R' s for Nei ghborhood 12 i ncl ude a statement that
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Resolution No. 16834
Page 27
.
required by the Director. (Planning)
109. Show evidence satisfactory to the Director of Planning that
the CC&R I S for Nei ghborhood 12 i ncl ude a statement that
Streets MMMM and NNNN may be requi red to provi de access to
roads which provide access to properties to the north, prior
to the approval of any Final Map for Neighborhood 12.
(Planning, Engineering)
110. Reserve lots S-l and S-2 (school sites) for school purposes to
be offered for dedication in fee to the Chula Vista City
Elementary School District in accordance with a schedule as
indicated in a Mello-RoDS Community Facilities District, as
approved by the School District, which shall be established to
the satisfaction of the District. (Planning)
Ill. Establish and participate in a school facility financing plan
as well as providing classroom space as required by the
Sweetwater Union High School District. Provide a letter from
the District verifying compliance with this condition.
(Planning)
112. Reflect on the Final Map for Neighborhood 78 the provision of
a minimum setback of 100 feet between lots 103 and 104 and the
northerly ri ght-of-way 1 i ne of Proctor Valley Road.
Accomplish this setback by deleting said lots and shortening
Street FFFF accordingly or by rearranging lots along said
street to provide the required setback, subject to the
approval of the Director of Planning. (Planning)
113. Enter into an Affordable Hous i ng Agreement with the Ci ty
subject to the approval of the City Council. (CofTJ1lunity
Development)
114. Submit to the Director of Planning and gain approval by the
City Council of all street names for this project. (Planning)
115. Note 10 on Sheet 3 of 8 regarding quitclaiming of a right-of-
way dedication is denied until such time as the City Engineer
and the Director of Planning determine that said right-of-way
is not required to provide access to the subject property or
adjacent property. (Engineering, Plpnning)
116. Prepare an amendment to the Salt Creek Ranch Mitigation
Monitoring Program to require subsequent environmental review
to be conducted on the urban runoff detention basins in Phase
3 when the final configuration of said basins are determined.
Should this environmental review result in the requirement for
measures to mi ti gate any percei ved envi ronmenta 1 impacts, such
measures shall be incorporated into the revised Mitigation
Monitoring Program, subject to the approval of the Director of
Planning. (Planning)
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Resolution No. 16834
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117. Reflect on the Final Map for Neighborhood g the deletion of
one lot from the north side of Street AAAA and consolidation
of the remaining lots to create larger lots subject to the
approval of the Director of Planning. (Planning)
118. Reflect on the Final Map for Neighborhood g the deletion of
two lots from the east side of Street CCCC (Neighborhood g)
and consolidation of the remaining lots to create larger lots,
subject to the approval of the Director of Planning.
(Planning)
119. Reflect on the Final Map for Neighborhood 13 the deletion of
one lot from the west side of Street RRRR south of Lot 33 to
expand open space lots B-13 and C-13, subject to the approval
of the Director of Planning. (Planning)
120. Payoff all exi sti ng defi ci t accounts associ ated with the
processing of this application to the satisfaction of the
Director of Planning. (Planning)
Code Reauirements
121. Comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance an
Subdivision Manual. (Engineering, Planning)
122. Underground all utilities within the subdivision in accordance
wi th Muni ci pa 1 Code requi rements. (Engineering) .
123. i Provide some lots with residential fire sprinkler systems due
to access requirements as determined by the Fire Marshal. In
multi-family dwellings, if a sprinkler system is required for
one building, all buildings in the project shall be
sprinklered. (Fire)
124. Make all proposed development consistent with the Salt Creek
Ranch SPA Planned Community District Regulations, subject to
the approval of the Director of Planning. (Planning)
125. Comply with Title 24 and any other energy conservation
ordi nances and po 1i ci es in effect at the time constructi on
occurs on the property in conformance with this Tentative Map.
(Building and Housing, Planning)
126. Comply with all relevant Federal, State and Local regulations,
including the Clean Water Act. The developer shall be
responsible for providing all r~quired testing and
documentation to demonstrate said compliance as required by
the City Engineer. (Engineering)
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Resolution No. 15834
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127. Comply with the COlllTlunity Purpose Facility Ordinance. The
developer shall provide areas proposed to show compliance with
said ordinance and obtain approval of said areas from the
Director of Planning. (Planning)
128. Pay the following fees in accordance with the City Code and
Council Policy:
a. The Transportati on and Publ i c Faci 1 iti es Development Impact
Fees prior to the issuance of any building permit.
b. Signal Participation Fees
c. School fees
d. All applicable sewer fees, including but not limited to
sewer connection fees
Pay the amount of said fees in effect at the time of issuance
of building permits. (Engineering)
failing any of which conditions, or failing the continued
maintenance of same as the condition may require, this conditional
approval and any entitlement accruing hereunder, shall, following a
public hearing by the City Council at which the Applicant or his
successor in interest is given notice and the opportunity to appear
and be heard with regard thereto, be terminated or modified by the
City Council.
SECTION 8. CEQA Findings
I
(1) Re-adoption of Findings.
The Council does hereby re-approve, accept as its own, and re-
incorporate as if set forth full herein, and make each and
everyone of the CEQA Findings attached hereto as Exhibit D.
(2) Certain Mitigation Measures Feasible and Re-dopted.
As more fully identified and set forth in the Program EIR and
the SEIR, and in the CEQA Findings for this Project, which is
hereby attached hereto as Exhibit D, the Council hereby finds
that pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, that the mitigation measures
described in the above referenced document are feasible and
will become binding upon the appropriate entity such as the
Applicant, the City, or other special districts which has to
implement these specific mitigation measures.
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Resolution No. 16834
Page 30
(3) Feasibility of Alternatives.
As is also noted in the environmental documents referenced in
the iJll11ediately preceding paragraph, alternatives to the
Project which were identified as potentially feasible are
hereby found not to be feasible.
(4) Adoption of Mitigation Monitoring Program.
.As required by the Public Resources Code Section 21081.6, City
Council hereby re-adopts the Mitigation Monitoring and
Reporting Program ("Program") set forth as Exhibit E to this
resolution and incorporated herein by reference as set forth
in full. The City Council recoJll11ends that the Council find
that the Program is designed to ensure that during the project
implementation and operation, the Applicants and other
responsible parties implement the project components and
comply with the feasible mitigation measures identified in the
Findings and in the Program.
(5) Statement of Overriding Considerations.
Even after the re-adoption of all feasible mitigation
measures, certain significant or potentially significant
environmental affects caused by the project or cumulatively
will remain. Therefore, the City Council of the City of Chula
Vista re-issues, pursuant to CEQA Guidelines Section 15093, as
set forth and attached hereto, a Statement of Overri di ng
Considerations identifying the specific economic, social, and
other considerations that render the unavoidable significant
adverse environmental effects still significant but
acceptable.
SECTION g. Notice of Determination.
City Council directs the Environmental Review Coordinator to post a
Notice of Determination and file the same with the County Clerk.
/Zl4;:1. /:L
~~
Presented by
Robert A. Lei ter .
Director of Planning
Bruce M. Boogaard
City Attorney
,~." r-.,
~. -'
----""--
Resolution No. 15834
Page 31
PASSED, APPROVED and ADOPTED by the City Counci 1 of the City of Chula
Vista, California, this 5th day of October, 1992, by the following vote:
YES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Horton, Moore, Rindone, Nader
Councilmembers:
None
Councilmembers:
Malcolm
Councilmembers:
None
,.Z- ~d.-7
Tim Nader, ~ayor
ATTEST:
t. I
! , ~,
-
. ' ~.
,
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY .OF CHULA VISTA )
I
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15834 was duly passed, approved,
and adopted by the City Council held on the 5th day of October, 1992.
Executed this 5th day of October, 1992.
/ () 0 /;;-
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Beverly A. Authelet, City Clerk
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COUNCIL AGENDA STATEMENT
Item: /6
Meeting Date: 09/23/97
ITEM TITLE:
Report: Seasonal Swimming Pool Closure
Director of Parks, Recreation n~n Space ~9';
City Manager0l::t bO ~ (4/5ths Vote: Yes _ No..xJ
SUBMITTED BY:
REVIEWED BY:
At the City Council meeting of September 9, 1997, during Oral Communications, Council directed staff
to return with a report regarding the closure of Parkway Pool during the fall and winter months. This
report provides a brief budget history of the annual pool closures, identifies the proposed fall and winter
pool operations schedule for FY 97/98, provides a history of scheduled pool closures over the past few
years, identifies the anticipated impacts of the scheduled closure as it relates to existing programming at
both pools, and provides a brief narrative on the basis for staff's recommendation to close Parkway Pool
as opposed to Lorna Verde Pool.
STAFF RECOMMENDATION: It is recommended that Council accept the report, and direct staff to
continue with the closure of Parkway Pool for six months and to return to Council during the budget
process for FY 98/99 to determine the feasibility of whether Parkway Pool should be re-opened during
the winter months.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION: At the City Council meeting of September 9, 1997, during Oral Communications,
Council directed staff to return with a report regarding the scheduled closure of Parkway Pool during the
fall and winter months.
Budget Historv
From 1982 to 1995, the annual Aquatic Section budget reflected 21 months of operations between Lorna
Verde Pool and Parkway Pool. One pool was operational for 12 months, and the other was operational
for 9 months each year. The 3 month closure normally occurred during the winter months.
In 1995, the annual Aquatic Section budget was amended, and annual operations between Parkway and
Lorna Verde Pool were reduced to 18 months (12 months at one pool, and 6 months at the other).
During the budget process for FY 95/96, three months of operations at Parkway Pool were eliminated,
with an estimated cost savings of $14,470. In addition, the 0.75 FTE part-time benefitted Senior
Lifeguard position was reduced to a 0.50 FTE part-time benefitted position, with an estimated savings
of $7,860.
Scheduled Parkwav Pool Closure for Fall and Winter - FY 97/98
Parkway Pool is scheduled to close for the season on October 4, 1997, and is scheduled to re-open on
April 4, 1998. The re-opening date coincides with the start of the public school's spring break schedule.
[H:\HOME\PARKSREC\AIl3\POOLCLOS.AI3]
1
/6 -/
Item:
Meeting Date: 09/23/97
This six month closure conforms to the decision to close Parkway Pool for six months as a budget savings
measure. Lorna Verde Pool is scheduled to remain open for the entire 12 months of the budget year.
Historv of Scheduled Pool Closures
Both Lorna Verde and Parkway Pool have had scheduled closures for extended periods of time for more
than a decade. Without exception, one pool has remained operational at all times. Listed below are the
scheduled closures that have occurred during the past seven years:
Parkway Pool closed from January through March of 1990
Parkway Pool closed from early March to mid June of 1991; renovation of circulation and
filtration system at pool
Parkway Pool closed from late November of 1991 to early March of 1992
Lorna Verde Pool closed from early December 1992 through late January of 1993. Parkway Pool
subsequently closed during the month of February of 1993
Lorna Verde Pool closed from early December of 1993 to early June of 1994; closure was in
excess of the 3 month budgetary constraint due to the fiberglass resurfacing renovation at Lorna
Verde Pool
Lorna Verde Pool closed from early January to late May of 1995; closure was in excess of the
3 month budgetary constraint due to major renovations of the circulation and filtration system at
Lorna Verde
Parkway Pool closed from mid-September of 1995 to late April of 1996; closure in excess of the
6 months due to major renovations at Parkway Pool and the Parkway recreation complex.
Parkway Pool closed from mid-September of 1996 to mid-March of 1997
Letter and Petition
The participant who addressed City Council on September 9th submitted the attached communication and
petition during her presentation. The points from that communication and staff's response are:
The letter indicates that some current participants would not be able to continue to swim due to
problems with transportation. This fact is noted later in this report, and is supported by a
disproportionate change in attendance following past pool closures.
The letter indicated that the City was negotiating a rental agreement with a National City-based
swim team. The National City Swim Club has approached the City regarding winter use of the
pool, since the National City pool will be closed for an extended period of time. However, it is
unlikely that the swim organization can pay the City's non-resident rental fees of $89.25/hour.
[H:\HOME\PARKSREC\AII3\POOLCLOS.A13]
2
/~~;Z
Item:
Meeting Date: 09/23/97
The letter addressed that fact that Parkway Pool tends to be a warmer environment. This is true,
due to the fact that Lorna Verde Pool is more susceptible to prevailing winds that cause cooler
water and deck conditions. However, wind screening has been added to the chain link fencing,
around the Lorna Verde Pool, to help mitigate this situation.
Anticipated Participation Impacts of the Parkwav Pool Closure
The scheduled closure of Parkway Pool will have immediate participation impacts on several on-going
programs that are currently being conducted at Parkway Poo\. These activities include Adult Recreational
Lap Swimming periods, two contractual water exercise programs for adults, a long-term rental of the pool
by a private vendor providing therapeutic activities for adults, and a competitive springboard diving
program serving youth and adults. The table below indicates the average daily attendance in these
programs, at Parkway Pool, at the current time:
PROGRAM DAYS TIMES AVERAGE DAILY
ATTENDANCE
Morning Adult Mon-Fri 6:30-8:30 AM 22
Recreational Swim
Mid-Day Adult Mon-Fri 11:00 AM - 1:00 PM 26
Recreational Swim
Aquatic Exercise Mon/Wed/Fri 11:00 AM - 12:00 PM 10
Pre/Post Natal Exercise MonlWed/Fri 12:00 - 1:00 PM 5
Therapy Rental Tues/Thur 11:00 AM - 12:00 PM 9
Springboard Diving MonlWed/Fri 6:00 - 7:00 PM 10
Costs Per Day to Keep Pool Open Based on Participation for Three Months: The participation
figures cited above at Parkway Pool equate to 333 participants per week. If the pool was not closed for
three months, the operating costs for the three month period would be $14,470 (gas, electricity, water
and chemicals) and $7,860 in personnel costs to increase the 0.50 FTE benefitted Senior Lifeguard
position to 0.75 FTE in the Parks, Recreation and Open Space Department budget. In addition, janitorial
staff budgeted in the Public Works Operations budget would have to be increased by $3,080 for part-time
hourly staff. This amounts to a total cost of $25,410. The cost per participant to operate the pool per
week if the pool is opened for the three months is $6.36 ($25,410/12 weeks [3 month closure] =
$2,117.50 per week/333 participants/week.
Revenue accrued for the period of closure from the participants is estimated at $3,450. Using the same
cost per participant per week, the revenue received per participant during the three month period would
be 86C per week.
[H:\HOME\PARKSREaAI13\POOLCLOS.A13)
3
/tb ~3
Item:
Meeting Date: 09/23/97
In summary, for a cost to operate the pool per participant per week for three months is $6.36, the City
receives 86C per participant per week.
Costs Per Day to Keep Pool Open Based on Participation for Six Months: Should the Council desire
to re-open Parkway Pool for the entire six months that is scheduled to be closed; the participation figures
at Parkway Pool would equate to 666 participants per week during a six month period (for the programs
designated in the Table). The operating costs for the six month period are $28,940 (gas, electricity,
water and chemicals). The cost of $7,860 in personnel expenses to increase the 0.50 FTE benefitted
Senior Lifeguard position to 0.75 FTE in the Parks, Recreation and Open Space budget would not
change. Janitorial staff budgeted in the Public Works Operations budget would have to be increased by
$6,160 for part-time hourly staff. This brings the total cost to $42,960. The cost per participant to
operate the pool per week if the pool is opened for the six months, is $2.69 ($42,960/24 weeks [6 month
closure] = $1,790 per week/666 participants/week.
Revenue accrued for the period of closure from the participants is estimated at $6,900. Using the same
cost per participant per week, the revenue received per participant during the six month period would be
$1. 73 per week.
In summary, for a cost to operate the pool per participant per week for six months is $2.69, the City
receives $1. 73 per participant per week.
Selection of Lorna Verde Swimming Pool for Year-round Ooerations
In the absence of maintenance or construction constraints, Lorna Verde Pool is the pool that has been
selected for year-round operations based on the following physical plant considerations.
Lorna Verde Pool is approximately 30 % larger than Parkway Pool. I This includes usable water
space, deck space, and locker and shower room capacities. During the period of time that only
one facility is operational, programs are combined and compressed. Shared use of the pool is
common throughout the year, and is magnified during a facility closure. Difficulties in meeting
community needs by combining programs and scheduling shared use are exacerbated at Parkway
Pool, where less space is available.
Lorna Verde Pool has larger enclosed areas to accommodate dry-land program-related activities.
This includes team meeting, parent meetings, safety presentations, and classroom activities
required for water safety courses.
Lorna Verde Pool houses a variety of dry-land weight-training equipment provided and utilized
by the competitive teams that utilize the pool. It would be virtually impossible to re-locate this
equipment to Parkway Pool.
This is the main reason Lorna Verde Pool is chosen to be open in the winter months.
This does not preclude; however, that Parkway Pool can be opened in the winter when
Lorna Verde Pool must be closed for construction, maintenance, special activities, etc.
[H:\HOME\PARKSREaAI13\POOLCLOS.AI3]
4
/~-y
Item:
Meeting Date: 09/23/97
Lorna Verde Pool is equipped with deck-anchored hardware used by a number of programs. This
includes starting blocks and backstroke flag lines used for City, contractual, and school district
activities, and, and water polo goals used by City and school district programs. Parkway Pool
is not designed to accommodate this equipment.
Lorna Verde Pool has three diving boards, as compared to two at Parkway Pool.
Lorna Verde Pool has a built-in handicap access ramp, which allows for unassisted access to the
water. Parkway Pool is equipped with a deck-anchored lift that requires staff assistance.
Convenient parking, and parking capacity at Lorna Verde Pool, far exceeds that at Parkway Pool.
This is more critical during large events such as swim meets, but can be a factor during routine
daily operations, notably during the late afternoon and early evening.
Lorna Verde Pool has a larger capacity for spectator seating, and is better equipped to safely
handle occasional on-deck spectator requirements.
Protective wind screening was applied to all exposed chain link enclosure fences at Lorna Verde
Pool last fiscal year in response to concerns related to colder winter water and deck conditions
caused by prevailing winds. This screening, in combination with the continued use of solar
heating panels and thermal pool covers to supplement pool heating, should help to maintain more
constant water temperatures at the facility.
The Aquatic Coordinator's office is located at Lorna Verde Pool. This is advantageous from an
administrative point of view, since all operations can be directly monitored, and the Coordinator
can still function out of his permanent office. Supervisory staffing levels during the winter
months are reduced to a certain degree, and it is advantageous to have the Coordinator
immediately available to assist with emergencies or unusual conditions.
The current program participants from Parkway Pool could be accommodated in similar existing
programs at Lorna Verde Pool. For instance, Lorna Verde pool currently offers identical Adult
Recreational Swimming periods, and participants currently utilizing Parkway Pool could take advantage
of the same programs at Lorna Verde. However, it is very likely that a certain percentage of participants
currently utilizing Parkway Pool would be unable or unwilling to travel to Lorna Verde Pool to continue
to participate in aquatic programs.
Even so, the anticipated increase in participation would create more crowded conditions during these
periods. Similar mid-day exercise programs (conducted by different contractual instructors) are also
offered at Lorna Verde Pool, and could accommodate additional participants. The competitive diving
team could share use of the pool with a competitive swimming team currently utilizing Lorna Verde Pool.
The rental use of the pool by the therapy group would most likely have to be re-scheduled prior to 11 :00
[H:\HOME\PARKSREC\AI13\POOLCLOS.A13]
5
J" -S-
Item:
Meeting Date: 09/23/97
a.m. or after 1:00 p.m. The table below indicates the current attendance at existing programs at Lorna
Verde Pool.'
Participation at Lorna Verde Pool:
PROGRAM DAYS TIMES AVERAGE DAILY
ATTENDANCE
Morning Adult Mon-Fri 6:30-8:30 AM 12
Recreational Swim
Mid-Day Adult Mon-Fri 11:00 AM - 1:00 PM 16
Recreational Swim
Aquatic Exercise Mon-Fri 11:00 AM - 12:00 PM 14
Aquatic Exercise Mon-Fri 12:00 - 1:00 PM 14
High School Water Mon-Fri 3:00 - 5:00 PM 39
Polo
Competitive Mon-Fri 4:00 - 7:00 PM 44
Swimming Team
Masters Swimming Mon-Fri 7:00 - 8:00 PM 8
Team
Aquatic Exercise Mon/Wed/Fri 7:00 - 8:00 PM 21
Adult Lessons Tues/Thur 7:00 - 8:00 PM 7
The participation figures cited above at Lorna Verde Pool equate to 812 participants per week, in
comparison to the 333 participants/week at Parkway Pool.
Ootions for FalllWinter Pool Ooerations 1997/98
Option 1: (Staff Recommendation) Status Quo. Parkway Pool would continue to be closed for a period
of approximately six months, and programming would be offered exclusively at Lorna Verde Pool. There
is no fiscal impact with this option. Staff will present to Council during the FY 98/99 budget process,
the option to re-open Parkway Pool in the winter for a three month or six month period.
Option 2: Parkway Pool would remain open for an additional three months (October - December),
bringing total pool operational hours back to the level that was achieved for a number of years prior to
2
It should be noted that adding the participation attendance at Parkway Pool to the
participation attendance at Lorna Verde Pool would reflect an inaccurate attendance
picture; since not all participants would choose to transfer to Lorna Verde Pool.
{H:\HOME\PARKSREC\AlI3\POOLCLOS.AI3]
6
/~~~
Item:
Meeting Date: 09/23/97
the budgetary amendments made in FY 95/96. An additional $14,470 in operational costs, $7,860 in
personnel costs in the Parks, Recreation and Open Space Department (to increase the Senior Lifeguard
position from a 0.50 FTE to a 0.75 FTE level), and $3,080 in personnel part-time costs in the Public
Works Operations budget; would be required to exercise this option. Based on current attendance at
Parkway Pool in the existing programs identified earlier in this report, the projected general fund revenue
from these programs would be $3,450 over the three month period.
Option 3: Parkway Pool would remain open for the entire twelve months of the calendar year. An
additional $28,940 in operational costs, $7,860 in personnel costs in the Parks, Recreation and Open
Space Department (to increase the Senior Lifeguard position from a 0.50 FTE to a 0.75 FTE level), and
$6,160 in personnel part-time costs in the Public Works Operations budget; would be required to exercise
this option. Based on current attendance at Parkway Pool in the existing programs identified earlier in
this report, the projected general fund revenue from these programs would be $6,900 over the six month
period.
Option 4: Parkway Pool would remain open for the entire twelve months of the calendar year, and
Lorna Verde Pool would be closed for six months. As discussed above, this option is not practical due
to the impact that it would have on all programs during the closure period. The physical size of Parkway
Pool is not conducive to conducting all programs when Lorna Verde Pool is closed, and shared-use
opportunities (more than one large group using the pool concurrently) are greatly reduced due to limited
space.
FISCAL IMPACT: There is no direct fiscal impact associated with continuing the closure of Parkway
Pool. If the option to re-open the pool for three months is considered, then staff would need to return
with a proposal for an appropriation of approximately $25,410 for expenses associated with operations.
These expenses would be offset with a potential revenue of $3,450.
If the Council wishes to consider the re-opening of the pool for six months is considered, then staff would
need to return with a proposal for an appropriation of approximately $42,960 for expenses associated with
operations. These expenses would be offset with a potential revenue of $6,900.
Attachment:
Petitions NOT SCANNED
[H:\HOME\PARKSREOAl13\POOLCLOS.A13]
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KEN CARPENTER
2230 DENVER STREET
SAN DIEGO, CA 92110
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SEPTEMBER 18, 1997
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SHIRLEY HORTON, MAYOR
CITY OF CllliLA VISTA
276 4lli AVENUE
CHULA VISTA,CA9191O
DEAR MS. HORTON
I AM WRITING BECAUSE I REALIZE THAT WE ARE COMING UPON THE TIME OF YEAR THAT THE CITY
USUALLY CLOSES THE PARKWAY POOL. I UNDERSTAND THAT THE CLOSING IS FOR BUDGETARY
REASONS, AND CAN UNDERSTAND THE PRESSURE TO SAVE MONEY. WHAT I WOULD LIKE TO DO IS
MAKE SURE THAT YOU CONSIDER CERTAIN lliINGS IN YOUR DECISION TO CLOSE THE POOL, AND
THAT YOU ARE SURE IF YOU HAVE TO CLOSE A POOL, THAT YOU ARE CLOSING THE RlGHT POOL.
FOR THE PAST COUPLE YEARS, I HAVE BEEN ONE OF SEVERAL DOWNTOWN CHULA VISTA OFFICE
WORKERS SWIMMING AT THE PARKWAY POOL ON MY LUNCH HOUR WHILE THE POOL IS OPEN.
HAVING ONLY AN HOUR FOR LUNCH, EVERY MINUTE COUNTS WHEN TRYING TO CHANGE TWICE,
WORKOUT AND GET TO AND FROM THE OFFICE. WHEN THE POOL CLOSES IN THE WINTER, MYSELF
AND OTHERS FROM THE DOWNTOWN AREA, RACE ACROSS TOWN TO LOMA VERDE POOL TO GET IN
A SHORTENED WORKOUT. IF I USE THE FREEWAY (WHICH I DO SO THAT I DO NOT ENDANGER THE
CHILDREN AT THE SEVERAL SCHOOLS I HAVE TO PASS ON SURFACE STREETS), I CAN MAKE THE
TRIP IN TWELVE MINUTES IF I HIT THE LIGHTS RlGHT, AND DON'T GET STUCK IN SLOW MOVING
TRAFFIC (AS OPPOSED TO THE FIVE MINUTE WALK I HAVE THROUGH THE PARK TO THE PARKWAY
POOL). AT THE P ARKW A Y POOL, MY SCHEDULE IS LIKE THIS; I HAVE A 5 MINUTE WALK TO THE
POOL, IT TAKES ME 5 MINUTES TO GET MY SUIT ON AND INTO THE POOL, I CAN SWIM FOR 35
MINUTES, IT TAKES ME 10 MINUTES TO SHOWER AND CHANGE, AND 5 MINUTES TO WALK BACK TO
MY OFFICE. FOR ME AND THE OTHER DOWNTOWN WORKER/SWIMMERS WHO DON'T JUST GIVE UP
ON LUNCH TIME SWIM WORKOUTS WHEN THE PARKWAY POOL IS CLOSED, OUR LUNCH TIME
ROUTINE NOW INCLUDES 24-30 MINUTES OF DRlVING (DEPENDING ON LIGHTS, TRAFFIC AND
AGGRESSIVENESS), WHICH LIMITS THE WORKOUT TIME OF lliOSE OF US ON ONE HOUR LUNCHES
TO 15-20 MINUTES.
IN ADDITION TO THE PRACTICALLY WORTHLESS AMOUNT OF TIME LEFT FOR ACTUAL EXERCISE,
WE LOOSE OUT ON THE BENEFIT OF THE TEN MINUTES OF WALKING TO THE POOL, HAVE
INCREASED ANXIETY THAT GOES WIlli TRYING TO WORKOUT ON SUCH A TIGHT SCHEDULE, WE
HAVE SPENT TWO OR THREE DOLLARS WORTH OF GAS, AND PUT MORE CARS ON THE ROAD mAN
NECESSARY.
THE FIRST YEAR I HAD TO MAKE THE SWITCH FROM P ARKW A Y TO LOMA VERDE, I EXPECTED TO
SEE A WHOLE NEW SET OF REGULAR LUNCH TIME SWIMMERS, WHAT I SAW HOWEVER IS THE SAME
SWIMMERS I SAW AT THE PARKWAY POOL, WHO WOULD ALL RATHER STILL BE SWIMMING AT THE
P ARKW A Y POOL. THE LOMA VERDE POOL MA Y HAVE AS MANY SWIMMERS AT OTHER TIMES OF
THE DAY, BUT FROM WHAT I HAVE SEEN OVER THE PAST COUPLE YEARS THEY DON'T HAVE THE
LUNCH TIME WORKING PEOPLE TO WHOM THE TIME IS SO PRECIOUS. IF I WAS NOT ON A SUCH A
TIGHT TIME SCHEDULE, THE LOMA VERDE POOL WOULD BE FINE, BUT FOR SEVERAL OF US THAT
WORK DOWNTOWN, AND HAVE FAMILY AND OTHER OBLIGATIONS BEFORE AND AFTER WORK, THE
LUNCH HOUR IS THE ONLY TIME WE HAVE TO SWIM, AND DRlVING ACROSS TOWN FOR HALF THE
YEAR TO GET HALF A WORKOUT AT TWICE THE PRlCE (GAS MONEY) IS NOT REALLY A WORKABLE
OPTION.
IF FOR BUDGET REASON YOU HAVE NO OPTION BUT TO CLOSE ONE OF THE POOLS, LEAVING THE
P ARKW A Y POOL OPEN WILL BETTER ACCOMMODATE MANY MORE LUNCH TIME SWIMMERS. MY
ASSUMPTION IS THAT CLOSING LOMA VERDE RATHER THAN PARKWAY WILL NOT INCONVENIENCE
MORE SWIMMERS WHO USE THE POOL OTHER THAN LUNCH TIME, AND THAT SINCE THOSE
SWIMMERS WHO USE THE POOL AT OTHER TIMES ARE NOT UNDER QUITE SUCH A TIGHT SCHEDULE
AS THE LUNCH TIME SWIMMERS, ANY INCONVENIENCE WILL BE MORE MANAGEABLE. I KNOW
THAT CLOSING LOMA VERDE OVER PARKWAY WILL MAKE PARKWAY MORE CROWDED SINCE IT IS
SMALLER, BUT IT WOULD ALSO PRESUMABLY SAVE THE CITY EVEN MORE MONEY BECAUSE OF
THE LESSENED COST OF HEATING A SMALLER POOL AND SMALLER CHANGING ROOMS.
ANOTHER OPTION WHICH MAYBE TOO LATE TO INITIATE FOR THIS YEAR, BUT MAY ALLEVIATE
THE PROBLEM IS TO MAKE THE PARKWAY POOL AVAILABLE TO THE PUBLIC, BUT AT AN
INCREASED COST OVER THE WINTER, EITHER $5.00 TO SWIM, OR THE $1.50 IT CURRENTLY IS, PLUS
A $100.00 "WINTER PATRONS PASS". YOU MAY NOT BE ABLE TO CHARGE ENOUGH TO COVER THE
TOTAL COST OF OPERATING THE POOL, BUT IT MAY ALLOW YOU TO OPERATE AT A MANAGEABLE
LEVEL SO THAT YOU CAN KEEP THE FACILITY OPEN YEAR ROUND. I KNOW I WOULD RATHER PAY
THE CITY MORE, THAN TO SPEND TWO OR THREE DOLLARS A DAY EXTRA IN GAS, AND THE SAME
IN EXTRA WEAR AND TEAR ON MY CAR. MYSELF AND OTHERS IN THE CITY WOULD BE HAPPIER
AND HEALTHIER.
THANK YOU FOR YOUR CONSIDERATION.
BEST WISHES
Ad~
KEN C~R
498-2206
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[David White, 11:08 AM 9/17/97 , Keep Parkway Pool open year- r
Return-Path: Idda@4dcomm.com
Date: Wed, 17 Sep 1997 11 :08: 15 -0700
From: David White <ldda@4dcomm.com>
Reply-To: Idda@4dcomm.com
Organization: 4D Communications,lnc.
To: shorton@cLchula-vista.ca.us
CC: jmoot@ci.chula-vista.ca.us, jrindon@ci.chula-vista.ca.us,
spadilla@ci.chula-vista.ca.us, msalas@ci.chula-vista.ca.us
Subject: Keep Parkway Pool open year- round to adult swimmers
Please allow the adult swimmers of Chula Vista access to the Parkway
Pool year round as is the Loma Verde Pool. Parkway Pool is preferred by
north Chula Vista residents, many of whom are seniors who walk to the
pool because they have no other transportation. Those elderly or with
disabilities would be discouraged because of the walk from the bus stop
to Loma Verde. Water therapy programs now in place at Parkway will need
a new location. Last Wednesday ,round 12:25 I counted 32 swimmers in
the water at Parkway. If these swimmers chose to swim at Loma Verde, it
would be too crowded. More likely, however, should the pool close these
swimmers will simply be without an exercise program. Many of us also
prefer the facilities at Parkway to l.oma Verde. I for one would be
willing to commit to buying a swim pass which I do not normally do in
order to insure the pool not close. There is a real need for this pool
to remain open. A petition has also been circulated. Let's find a way to
serve the public. Thank you. Sincerely, Laurel and David White
[Printed for Council Member Mary Salas <msalas@ci.chula-vista... 1
~/M- -=- /~
!:~ Cheryle J Williams, 03:23 AM 9/17/97 , Please keep Parkway Pool acces
Return-Path: cjw9@juno.com
To: shorton@cLchula-vista.ca.us
Cc: jmoot@cLchula-vista.ca.us, jrindone@cLchula-vista.ca.us,
spadilla@cLchula-vista.ca.us, msalas@ci.chula-vista.ca.us
Date: Wed, 17 Sep 1997 03:23:08 -0700
Subject: Please keep Parkway Pool accessible year-round for adult swimmers
X-Juno-Line-Breaks: 3
From: cjw9@juno.com (Cheryle J Williams)
I am a disabled adult who would like the Parkway Pool open year- round so
that I can have access to the therapy classes and a regular swim program.
I would like to add my name to the circulating petition to that effect.
Thank you. Cheryl Williams, Chula Vista resident.
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STATE OF CALlFORNIA[) .
COUNTY OR:::Y/l~' _~y
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Ot1A1"'E~ jJ,<~ , .~ IY97 , before me, c;>{r-cv.~-(:J)zf.t..a7" C){')nJ.(~
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personally appeared' , )___ ~
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person'(s.) whose name(s)js/are
subscribed to the within instrument and acknowledged to me that-fle/she/tftey executed the same
in rns/her/tReir authorized capacity(ies), and that by t'tis~r/tAeir signature(s) on the instrument the
personts) or the entity upon behalf of which the person{s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatur~ .o_~ ~~T/CLj56UX:~.<'> /
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(This area for official notarial seal)
Title of DocumenC=2}t~.o(.":",""", ~ . c;;r.,V'/} n"-€/F7,->.?cr U,../lfr ~-d-
Date of Documenl-n.--0:' c:L~c.~-c>(--pt...,T~No. of Pages.4.;: ~ )
Other signatures not acknowled~
1<;~/.1'l
3008 (1/94) (General)
First American Tille Insurance Company
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CllY OF
CHUlA VISTA
OFFICE OF THE MAYOR
SHIRLEY HORTON
September 23, 1997
Judy Johnson, Chair
San Diego Bay Interagency Water Quality Panel
c/o Katz & Associates, Panel Secretariat
4275 Executive Square, Suite 530
La Jolla, CA 92037
Comprehensive Management Plan (CMP) - City Position on South San Diego Bay National
Wildlife Refuge
Dear Ms, Johnson:
This letter is in response to your invitation for Panel members to submit position statements
regarding the proposed South San Diego Bay National Wildlife Refuge (NWR). The City is
currently neither opposed to nor supportive of creation of the NWR, and therefore, voted against
inclusion of language in the CMP that supports the NWR specifically.
The City has in the past and will continue to support environmental protection of Bay resources
and as such, believes that a NWR is one mechanism for such protection. The NWR concept,
however, involves complex issues that will require considerable study. The City intends to be
actively involved in the analysis of these issues, and looks forward to reviewing the forthcoming
Environmental Assessment as the first stage of this analysis.
The City remains committed to balancing environmental preservation with land development and
economic vitality. We appreciate the opportunity to participate in the Bay Panel and hope that
the recommendations of the Panel result in the advancement of both environmental and economic
sustainability .
Sincerely,
=~~
Mayor
cc: City Council
Dean Rundle, U.S. Fish and Wildlife Service
[H:\HOME\COMMDEV\MONACO\LETTERS\BA YPANEL
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691.5044' FAX (619) 476-5379
@l'osI..(;onsunerReqeledPaper
September 17, 1997
FROM:
The Honorable Mayor and City counci}Cl_~
John D. Goss, city Manager~ V0(~~
city council Meeting of septembek)23~997
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular
City council meeting of Tuesday, September 23, 1997. Comments
regarding the written communications are as follows:
5a. This is a letter from the City Attorney stating that the city
Council did not meet in Closed Session on 9/16/97.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab