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Home My WebLink AboutAgenda Packet 1993/09/28 'lor dectare under penarty of perjury that I am employed by the City of Chula Vista in the Office of the City Cler:, an:! that I posced this Agenda/Notice on the Bulletin Board at . Tuesday, September 28, 1993 the Public rvi es Building and at ~ CouncIl Chambers 6:00 p.m. DATED. '.2 SIGNED C ~ . .!>ublic Services Building (7 ReS?:Ular Meetin5[ of the City of Chula Vista City Council CAll. TO ORDER 1. ROIL CAIJ.: Councilmembers Fox _J Horton _, Moore -' Rindone _, and Mayor Nader _ 2. PLEDGE OF AIJ.EGIANCE TO THE FLAG. SILENf PRAYER 3. APPROVAL OF MINlITES: August 17, 1993 Council/Redevelopment Council Meeting) (Joint Meeting of the City Agency) and August 27, 1993 (City 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Safety Commission. Scott Bierd and Robert A. Smith. b. Proclamation declaring Saturday, October 2, 1993 as COASTAL CLEANUP DAY. The proclamation will be presented by Mayor Nader to Dr. Stephen Neudecker, Executive Director of the Nature Interpretive Center. c. Proclamation declaring the month of October as "National Arts and Humanities Month" - The proclamation will be presented by Mayor Nader to Melody Cernitz, Chair of the Cultural Arts Commission. CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following iJems listed under the Consent Calendar will be enacted by the Council by one motion wilhout discussion unlEss a Councilmember, a member of the public or CiJy staff requLSts thJJt the iJem be pulled for discussion. If you wish to speak on one of these iJems, please fill out a "ReJjUeSt to Speak Form" available in the lobby and submiJ iJ to the CiJy Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendlltion; complete the pink form to speak in opposiJion to the staff recommendJltiDn.) Items pulled from the Consent Calendllr will be discussed after &ard and Commission RecommendJltions and Action Items. Items pulled by the public will be the first iJems of business. 5. WRITTEN COMMUNICATIONS: a. Claims against the City: Claimant Number 1 . TEKO, a Partnership, c/o F.R. Oberschulte, 111 Pepper Tree Road, Chula Vista, CA 91910; Claimant Number 2 - Kathy Leos, c/o Frederick A. Meiser, Jr., Attorney at Law, 1495 Pacific Highway, Suite 203, San Diego, CA 92101. It is the recommendation of the City's claims adjustors, Carl Warren & Company, and Risk Management staff that the claims be denied. Agenda -2- September 28, 1993 b. Letter of resignation from the Cultural Arts Commission - Patricia M. Ables, 662 Carla Avenue, Chula Vista, CA 91910. It is recommended that the resignation be accepted and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. RESOLUTION 17253 ADOPTING COUNCIL POUCY NUMBER 900-01 ENTITLED "DELEGATION OF AUTIiORIlY TO RELEASE PROPERlY FROM AND CONSENT TO TRANSFER OR ASSIGNMENT OF RIGHrS UNDER DEVELOPMENT AGREEMENTS" - The purpose of the report is to streamline certain transactional transfers related to existing development agreements. The action related to the establishment of a Council policy will clarify and simplify administration of development agreements. Staff recommends approval of the resolution. (Deputy City Manager Krempl) Continued from the meeting of 9/21/93_ 7. RESOLUTION 17259 APPROVING TIlE 1992193 GRANTEE PERFORMANCE REPORT FOR TIlE COMMUNllY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTIiORIZING ITS SUBMISSION TO TIlE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The Grantee Performance Report states the amount of Community Development Block Grant funds expended, the amount of funds remaining, and the progress achieved on each project. The Grantee Performance Report also includes an assessment of how well the City met its Community Development objectives. Staff recommends approval of the resolution. (Director of Community Development) 8. RESOLUTION 17260 INTENTION TO SET A PUBUC HEARING FOR OCTOBER 26, 1993 TO VACATE UNNAMED ROADS LOCATED AT TIlE SOUTIiEAST CORNER OF PALOMAR SfREET AND INDUSTRIAL BOULEVARD (pALOMAR TROJJ.EY CENTER) - Sunbelt Management Company, c/o Latigo West Development Company, owner of the proposed development of properties in the southeast comer of Palomar Street and Industrial Boulevard, has requested right-of-way vacations of unnamed roads by the City in order to utilize the vacated land for the Palomar Trolley Center development. In accordance with Section 8320 of the California Streets and Highways Code, Council may initiate a proceeding by adopting a resolution of intention to vacate the subject right-of-way. Staff recommends approval of the resolution and setting the public hearing for 10/26/93. (Director of Public Works and Director of Community Development) 9. RESOLUTION 17261 ACCEPTING ENGINEER'S REPORT, DECLARING TIlE CITY'S INTENT TO FORM A FEE RECOVERY DISTRICT FOR OTAY VALLEY ROAD ASSESSMENT DISTRICT NUMBER 90-2, AND SETTING A HEARING DATE FOR TIlE FORMATION - On 6/23/92, Council approved the formation of Assessment District Number 90-2 to improve Otay Valley Road. In conjunction with the district, staff recommended and Council approved that a fee recovery district be established to recover money from property owners who develop their property to a great degree in the future than outlined by the Assessment District. Staff recommends approval of the resolution and setting the public hearing for 11/9/93. (Director of Public Works) Agenda -3- September 28, 1993 lOA RESOUmON 17262 OVERRUUNG AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN ASSESSMENT DISTRICf NUMBER 92-2 (AlITOPARK) - On 3/23/93, Council adopted the resolution of intention to order the acquisition and financing of certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act of 1913. On 5/4/93, Council adopted a resolution giving preliminary approval to the Engineer's Report and setting the public hearings. The public hearings were held on 6/8/93 and 6/22/93. The acquisition agreements were approved by Council on 8/24/93. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17263 CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT IN ASSESSMENT DISTRICf NUMBER 92-2 (AlITOPARK) 11. RESOLUTION 17264 APPROVING A SEWER CONNECI10N AND ANNEXATION AGREEMENT WITH CALVARY CHAPEL SAN DIEGO AT 4378 LYNNDALE LANE - In accordance with Policy 570-02, Calvary Chapel San Diego has executed the required agreement in order to connect its property (in the unincorporated area) to the City sewer. The agreement is now ready for execution. Staff recommends approval of the resolution. (Director of Public Works) 12. REPORT APPIJCATION FOR FEDERAL DEPARTMENT OF EDUCATION, IJBRARY SERVICES AND CONSlRUCI10N ACf GRANT FUNDS TO PURCHASE IJBRARY REFERENCE RESOURCES AS A MAJOR URBAN RESOURCE IJBRARY - The Public Library has been designated a Major Urban Resource Library (MURL) by the Federal Department of Education. Because of the status, the City is eligible to apply for $11,615 in MURL grant funds. If awarded, the funds will be used to purchase reference materials. Staff recommends Council accept the report and approve the application for MURL grant funds. (Library Director) 13. REPORT APPIJCATION FOR FEDERAL DEPARTMENT OF EDUCATION, IJBRARY SERVICES AND CONSTRUCI10N ACf GRANT FUNDS TO PURCHASE BOOKS AND MATERIAlS TO SERVE SPANISH-SPEAKING IMMIGRANTS - The Public Library has applied to the California State Library for $5,000 in Federal Library Services and Construction Act (LSCA) funds to develop a program to improve service to immigrant populations. If awarded, grant funds will be used for the purchase of books and other materials for Spanish-speaking immigrants. Staff recommends Council accept the report and ratify the application for LSCA grant funds. (Library Director) * * END OF CONSENT CALENDAR * * Agenda -4- September 28, 1993 PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as pub/U; lu!arings as required by law. If you wish to speak to any iIem, please fill out the "Request to Speak Form" available in the lobby and submit iJ to the CiJy Clerk prior to the mJ!eting. (Complete the green form to speak in favor of the stoff recommendation; complete the pink form to speak in opposiJion to the stoff recommendation.) Comments are IimiIed to five minutes per individuaL 14. PUBIJC HEARING CONSIDERATION OF ADOPTION OF AN INTERIM PRE-SR-125 DEVELOPMENT IMPACf FEE AND CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACf FEE - On 8/20/91, Council approved a contract with Howard Needles Tammen and Bergendoff (HNTB) for professional services in preparing a report which would analyze future transportation needs in Chula Vista and help staff develop contingency plans in the event that SR-125 is not constructed in a timely fashion. HNTB has completed the report which contains a recommended roadway system, and a recommended financing plan as well as providing background and discussion of issues considered in developing the proposal. Staff recommends the public hearin!!: be continued to the meetin!!: of 10/26/93. (Director of Public Works) Continued from the meeting of 9n /93. ORAL COMMUNICATIONS This is an opportunity for the general pub/U; to address the CiJy Council on any subject mLltter within the Council's jurisdif:tion that is not an iJem on this agenda. (State law, however, generally prohibiJs the CiJy Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellaw "Request to Speak Undo Oral COI1I11UllliJ;ations Form" available in the lobby and submit iJ to the CiJy Clerk prior to the mJ!eting. Those who wish to spenk, please give your namJ! and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiJy Council will consider iJems whkh have been forwartkd to them for consideration by one of the CiJy's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The iJems listed in this section of the agenda are expected to elkiJ substantial discussions and deliberations by the Council, staff, or members of the general public. The iJems will be considered individually by the Council and stoff recommendations may in certain cases be presented in the alternative. Those who wish to spenk, please fill out a "Request to Speak" form available in the lobby and submiJ iJ to the CiJy Clerk prior to the mJ!eting. Publk comments are IimiIed to five minutes. 15. RESOLUTION 17265 APPROVING FIRST AMENDMENT TO THE AGREEMENT WITH HARTSON MEDICAL SERVICES FOR BASIC AND ADVANCED IJFE SUPPORT AMBULANCE SERVICES - The City and Hartson Medical Services (Hartson) entered into the current agreement on 5/9/89. Under the auspices of various agreements with the City, Hartson has been providing ambulance services since May 1979. The proposed amendment to the agreement is based upon recent judicial mandates which cast a doubt upon the City's authority to regulate non.emergency ambulance services. The proposed extension, which would be effective until 4/30/97, is recommended based upon criteria enumerated within the existing agreement. Staff recommends Council give direction to take no action to notify Hartson of intent to terminate and, thereby, extend the agreement and approve the resolution. (Fire Chief) Agenda -5- September 28, 1993 16. REPORT UPDATE ON REQUEST FOR PROPOSAL FOR SOUD WASfE DISPOSAL OPTIONS - An oral update report will be given by staff. 17. REPORT ADill.T PROGRAMMING ON CABLE TELEVISION - On 7/27/93, Council directed staff to review with Cox Cable options for keeping sexually explicit television transmissions (audio as well as video) out of the homes of subscribers who do not specifically request such programming. Staff recommends Council review the policy alternatives and provide further policy direction regarding which alternatives to pursue. (Administration) ITEMS Pill.LED FROM THE CONSENT CALENDAR This is the time the CiJ.y Council will discuss items whidl have been removed from the Consent CIlletuim. Agenda items pulled at the request of the pub/U; will be considoed prior to tJwse pulled by Cowu:iImembers. Pub/u; comments are limited to five minutes per individual OTHER BUSINESS 18. 01Y MANAGER'S REPORTfS) a. Scheduling of meetings. b. Proclamation applauding the efforts of Cohen, Osio, Perman and Associates, Inc. to educate Chula Vista merchants regarding cross-border marketing opportunities. 19. MAYOR'S REPORTfS) a. Sponsorship of seminar/tour to promote Chula Vista merchants' opportunities in Mexico. Continued from the meeting of 9/21/93. b. Opposition to Proposition 174. c. Report of upcoming expenditures. 20. COUNOL COMMENTS ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) , International Association of Fire Fighters (IAFF) , Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 9/21/93. Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. various insurance companies regarding collection of clean-up costs on the paint pit. The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on Tuesday, October 5, 1993 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. COUNCIL AGENDA STATEMENT Item lJb Meeting Date 9/28/93 ITEM TITLE: Proclamation - Declaring Saturday, October 2, 1993 as COASTAL CLEANUP DAY SUBMITTED BY: Mayor Tim Nade~ (4/Sths Vote: Yes_ NO~ The proclamation declaring Saturday, October 2, 1993 as COASTAL CLEANUP DAY will be presented by Mayor Tim Nader to Dr. Stephen Neudecker, Executive Director of the Chula Vista Nature Interpretive Center. Form A-113 (Rev. 11 /79) 'fb' / PROCLAIMING SATURDAY, OCTOBER 2,1993 AS COASTAL CLEANUP DAY IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, the State of California has a varied coastline of sandy beaches, rocky shores, productive estuaries, marshes, tidal flats, urban areas and harbors; and WHEREAS, the natural resources of the coastal zone are among California's most important environmental and economic resources; and WHEREAS, the marine environment is one of the most valuable resources for recreation, tourism, fishing and other coastal industries; and WHEREAS, the City of Chula Vista is strongly committed to the wise management of the coastline to ensure that the environmental and economic value of the coastal zone will be sustained; and WHEREAS, Californians are now adopting beaches year round through the California Coastal Commission's Adopt-A-Beach Program; and WHEREAS, the Coastal Commission will sponsor COASTWEEKS in California from September 18 through October 11, 1993, and the statewide Cleanup Day on Saturday, October 2, 1993: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby proclaim Saturday, October 2, 1993 as CLEANUP DAY in the City of Chula Vista and encourage citizens, businesses, groups, and public institutions to observe this event and to participate in appropriate activities designed to promote a healthy and productive coastal environment for the benefit of the people of Chula Vista, California and the Nation. ~b --,;( COUNCIL AGENDA STATEMENT Item J./ c Meeting Date 9/28/93 ITEM TITLE: Proclamation: Proclaiming the month of October as "National Arts and Humanities Month" SUBMITTED BY: Cultural Arts Commission .,..jov:. The National Assembly of Local Arts Agencies (NALAA) has proclaimed October as "National Arts and Humanities Month". This proclamation and related activities will be recognized in communities nationwide, and has received full support from the White House. The President and Vice-President of the United States will take part in activities around the country during October celebrating the theme, and are scheduling official visits nationwide. The United States Conference of Mayors, at their recent meeting in New York City, also adopted a resolution supporting the nationwide effort. The California Association of Local Arts Agencies (CALAA) is also fully supportive, and a State Steering Committee has been established to coordinate and compile the efforts of communities throughout the state. The Cultural Arts Commission has compiled a calendar of cultural events that are taking place in Chula Vista during the month of October. Although the majority of these events are not being conducted specifically in relation to the Arts and Humanities theme, the number, diversity and extent of the events indicates a growing awareness and appreciation for cultural events in the City. The calendar will be ready for distribution the tirst week of October. Several presentations to Council by selected groups and individuals are scheduled throughout the month to further demonstrate the City's support of the proclamation. The proclamation declaring the month of October 1993 as "National Arts and Humanities Month" is being presented by Mayor Tim Nader to Melody Cernitz, Chair of the Chula Vista Cultural Arts Commission. FISCAL IMPACT: None J/c -' / September 23, 1993 TO: FROM: SUBJECT : The Honorable Mayor and City Council John D. Goss, City Manager~ City Council Meeting of September 28, 1993 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 28, 1993. Comments regarding the Written Communications are as follows: 5a. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY TEKO PARTNERSHIP AND KATHY LEOS BE DENIED. 5b. IT IS RECOMMENDED THAT PATRICIA ABLES' RESIGNATION FROM THE CULTURAL ARTS COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATEL Y ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLI C LI BRARY . JDG:mab COUNCIL AGENDA STATEMENT Item ~ Meeting Date 9/28/93 ITEM TITLE: Claims Against the City SUBMITTED BY: C1T Director of Personnel (4/5ths Vote: Yes No .JLJ REVIEWED BY: City Manager TEKO, a Partnership c/o Mr. F. R. Oberschulte 111 Pepper Tree Road Chula vista, CA 91910 Claimant No.1: On August 11, 1993, TEKO, a Partnership, filed a claim against the City of Chula vista for $16,389.00, which was amended on August 31, 1993 to provide tbe date of occurrence as February 14, 1993. Tbe claim alleged property damages were incurred from a sewer backup under tbe buildings at 249 and 251 F street. The City was alleged to be responsible due to inade- quate inspection of tbe building wben it was constructed in 1961 and that an old sewer line was not capped off. Due to remote liability on tbe part of dation of tbe City's claims adjustors, Carl Management, that this claim be denied. tbe City, it is tbe recommen- Warren ,company, and Risk Claimant No.2: Ms. Katby Leos c/o Frederick A. Meiser, Jr. Attorney at Law 1495 Pacific Highway, suite 203 San Diego, CA 92101 On August 27, 1993, Ms. Katby Leos filed a claim against tbe City of Chula vista for an amount within the jurisdiction of the superior Court. Ms. Leos claimed personal injuries from an incident on May 3, 1993, when sbe backed her vehicle from ber driveway onto the street and it fell into an unmarked trencb. Tbe roadway was under construction by a City contrac- tor. Because the contractor signed a hold barmless agreement and provided tbe necessary insurance to tbe City, it is the recommendation of tbe city's claims adjustors, Carl Warren' Company, and Risk Management, that tbis claim be denied. RECOMMENDATION: Deny the above two claims. j Form A-113 (Rev. 11/79) 5t:J.- - ) ~~ 2 <::..ML-A .ft\16 C\-\uLA- 1J~14 ~ ILt!'" ll\li3, Cu1t~ ad? &~ c~ ~ Ch.dt;... cJ~~~ ~ ~ 1.Lf~ ~? ~N~ /5d~ ' . Jk- VJ w;4 ~ ./W J wvL !o~~ ~ "'-_. ~ r1~~ 4? Cuf;l-UA'"M C2+6 ~~~~~ ~ /r;l-~ (J /Y /". ' . w;:d( de ~ . ~~;~~ J!Zi") ~~ S1-44d wed alw~ I:u- ~~ h... K dtw-e.4?/~ 4 ~ ~ ~~ ~/~~~~ (2abh;:. .# ~~ fi~~~ ~J&~ Mw~ ..;r-u.. ~ ~ ~~ ~~ ~ A<...e...-.. ~ ~ ~~.J ""..;; ~ ~ /~ ~ /O~ "':?(. ~<<./ ~ A4.v "'-" ....:.. ~ L/.~~. P? 1T""-'<A ~,#/. JV~ . C-e~~ . WRITTEN COMMUNICA TiOtvJS c~: 'W.(v) /~ ~o/'J ~1-~ "1~ tJX;B~~ n-/ COUNCIL AGENDA STATEMENT Item Title: Item:~ Meeting Date: September 28. 1993 Resolution /17.l~~oPting Council Policy No. 900-01 entitled "Delegation of Authority to Release Property From and Consent to Transfer or Assignment of Rights Under Development Agreements" George Krempl, Deputy City Manager~\C/ City Manager;,1 4/5ths Vote: Yes___No~ Submitted by: Reviewed by: The purpose of this report is to streamline certain routine transactiona~ transfers related to existing development agreements. The action related to the establishment of a Council policy will clarify and simplify administration of our development agreements with Eastlake and McMillin. RECOMMENDATION: That Council adopt the resolution delegating to the City Manager or designee the authority to routinely approve property transfers and releases in connection with existing development agreements. The Council will be apprised prior to any Manager action. Further, should the Manager have any concerns therewith, he may place the item on a Council agenda for consideration and action. BOARD/COMMISSION RECOMMENDATION: N.A. DISCUSSION: Over the years, the City has entered into several Development Agreements with EastLake and Rancho del Rey pursuant to state law. These Agreements have a standard clause authorizing release of portions of the Property from the obligations of the Development Agreement when the Public Improvements related to that property have been installed. It should be noted that the releases apply only to sub-parcels being developed and the master developer, in this case EastLake or McMillin, still retains all of the other obligations under the development agreement. The Agreements also have a standard clause allowing the developer to transfer its rights and obligations under the Agreement, so long as the transfer or assignment is made a part of the transfer assignment sale or lease of all or a portion of the property. The property release and transfer or assignment are expressly subject to the consent of the City, and the standard clauses do not delegate expressly to the City Manager or any City officer the authority to grant such consent, thus requiring City Council action. Frequently, major developers with Development Agreements sell portions of their property to resident builders to construct residential and/or commercial and industrial portions of their master planned developments, and the City's consent to such transfers of rights and obligations is relatively routine. ~'/ Page 2, Meeting Date: Item (, 9/28/93 The focus of the City's inquiry is on the ability of the resident builder to carry out the rights, duties and obligations of the developer in a satisfactory manner. This normally occurs at the final map stage and the requisite improvements are installed or bonded for. This review can ordinarily be done by staff without the necessity for clogging the City Council's agenda with a routine item for approval. Accordingly, the attached resolution adopts a proposed policy whereby the City Council expressly delegates to the City Manager authority to approve release of portions of the property and grant such consent, subject to the follo~ing: 1. Release property from the obligations of the Development Agreement when so requested by the Developer based on a final map for a resident builder, or individual purchases of a residential custom home lot, when upon reasonable investigation, the City Manager determines that the required Public Improvements related to said property have been installed or guaranteed. 2. Allow for a transfer or assignment of rights and obligations as part of a transfer, assignment, sale or lease of all or a portion of the property covered by the Development Agreement. The City Manager or designee may request financial and other information supporting the capability of the transferee to carry out the rights and obligations of the developer sought to be transferred. 3. The City Manager will apprise the City Council in advance of any intended release or transfer. 4. If the City Manager does not wish to exercise said authority, the Manager shall conduct such an investigation and place the matter on the City Council agenda with a recommendation to grant or deny the requested consents as soon as is reasonably practicable following receipt of the request. If the City Manager recommends denial of consent, the report and recommendation shall state the reasons therefor. 5. In no event shall the City Manager consent to a release of developer's underlying responsibilities under the Development Agreement. FISCAL IMPACT: The adoption of this resolution and policy will serve to reduce administrative costs in bringing routine matters forward for Council approval. c:\al13\policy.900 2 t,r.:J. RESOLUTION NO. I ?~5J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING COUNCIL POLICY NO. 900-01 ENTITLED "DELEGATION OF AUTHORITY TO RELEASE PROPERTY FROM AND CONSENT TO TRANSFER OR ASSIGNMENT OF RIGHTS UNDER DEVELOPMENT AGREEMENTS" WHEREAS, in order to streamline certain transactional transfers related to existing development agreements, staff recommends adopting the attached policy to clarify and simply the administration of development agreements. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby adopt Council Policy No. 900-01 entitled" Delegation of Authority to Release Property From and Consent to Transfer or Assignment of Rights under Development Agreements", attached hereto and incorporated her 'n by reference as if set forth in full. Presented by r George Krempl, Deputy city Manager F:\home\attomey\polcy900.res to ~J /6-'1 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY NUMBER EFFECTIVE DATE PAGE Delegation of Authority to Release Property, From, and Consent to Transfer or Assigmnent of Rights under, Development Agreements 900-1 9/28/93 1 of 2 ADOPTED BY: Council Resolution No. I DATED: 9/28/93 Bachround: The City has entered into several Development Agreements with major developers over the years pursuant to Government Code ~65864, et seq. Those agreements provide for an annual review of the developer's performance of the Development Agreement, and authorize, but do not require that the annual review be conducted by the City Manager. Those agreements allow portions of the Property to be released by the City from the obligations of the Development Agreement when required public improvements are installed. Those agreements also allow the developer to transfer its rights and obligations under the Development Agreement if such transfer or assignment is made as a part of a transfer, assignment, Sale or lease of all or a portion of the property covered by the Development Agreement, if the City consents to that transfer. The City's consent cannot be unreasonably withheld. The Agreement does not expressly delegate to the City Manager authority to give such releases or consent. In the normal release or transfer, it is not necessary for Council to be directly involved, but it is desirable for the Council to delegate to the City Manager their authority to release or consent so that it can be accomplished more efficiently administratively. PUrPose: To delegate to the City Manager or designee the authority to release Property from obligations and give the City's consent to transfers of rights and obligations under Development Agreements under certain specified circumstances. Policv: It is the policy of the City Council that the City Manager or desginee is delegated the authority to, but not required to, release property from the obligations of a Development Agreement and grant the City's consent to the transfer of a developer's rights and obligations under any Development Agreement approved by the City Council, under the following circumstances: 1. Release property from the obligations of the Development Agreement when so requested by the Developer based on a final map for a resident builder, or individual purchases of a residential custom home lot, when upon reasonable investigation, the City Manager determines that the required Public Improvements related to said property have been installed or guaranteed. 2. Allow for a transfer or assignment of rights and obligations as part of a transfer, assignment, sale or lease of all or a portion of the property covered by the Development Agreement. The City Manager or designee may ~-.5' I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE NUMBER DATE PAGE Delegation of Authority to Release Property, From, and Consent to Transfer or Assignment of Rights under, 900-01 9/28/93 2 of 2 Development Agreements ADOPTED BY: Council Resolution No. I DATED: 9/28/93 request financial and other information supporting the capability of the transferee to carry out the rights and obligations of the developer sought to be transferred. 3. The City Manager will apprise the City Council in advance of any intended release or transfer. 4. If the City Manager or designee does not wish to exercise said authority, the Manager or designee shall conduct such an investigation and place the matter on the City Council agenda with a reconunendation to grant or deny the requested consents as soon as is reasonably practicable following receipt of the request. If the City Manager or designee recommends denial of consent, the report and recommendation shall state the reasons therefor. 5. In no event shall the City Manager or designee consent to a release of developer's underlying responsibilities under the Development Agreement. ~,.~ REVISED STAFF REPORT ITEM #7: lklded material shO"ifB t~;:rt\~iii!~#~!wp~ij#iii~~j: CITY COUNCIL AGENDA STATEMENT Item 7 Meeting Date 09/28/93 ITEM TITLE: RESOLUTION 17259 APPROVING THE RESOLUTION ACCEPTING THE 1992-93 GRANTEE PERFORMANCE REPORT AND AUTHORIZING SUBMITTAL TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBMITTED BY: Community Development Director [)JJ REVIEWED BY: City Manage~ b!<I~) U -<' (4/5ths Vote: Yes No .XJ BACKGROUND: The City annually submits a Grantee Performance Report (GPR) to the U.S Department of Housing and Urban Development (HUD). The GPR provides detailed information on the use of Community Development Block Grant (CDBG) funds including the progress achieved and the status of funds. HUD reviews the GPR and evaluates whether the City has carried out its activities in accordance with the City's 1990-93 Community Development Plan and federal requirements. RECOMMENDATION: That the City Council adopt the resolution accepting the 1992-93 Grantee Performance Report and authorizing its submittal to HUD. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Grantee Performance Report (GPR) states, for each project, the amount of CDBG funds expended, the amount of funds remaining, and the progress achieved on each project. The City expended $617,283 $l;~$j$~~ in CDBG funds during 1992-93 and had a balance of $2, 117,046 $164"113'1 as of June36T993. :.:::::::::t:::::::::::::::::~:::::::::::::::;::' , The GPR also includes an assessment of how well the City met its Community Development objectives; demographic information on the people who derived direct benefit from CDBG- funded human services programs; and, a summary of the City's Fair Housing Program activities. FISCAL IMPACT: No fiscal impact. 7-/ /7-~ RESOLUTION NO. 17.;.5? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 1992-93 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Chula Vista receives Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD) for the implementation of programs and projects to benefit low and moderate income persons and aid in the prevention of slums and blight; and, WHEREAS, the City is required to submit annual Grantee Performance Reports to HUD to report on the progress achieved and the status of funds; and, WHEREAS, the 1992-93 Grantee Performance Report has been prepared according to HUD regulations and instructions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves the 1992-93 Grantee Performance Report, attached hereto. Section 2. The Community Development Director is hereby authorized to submit the 1992-93 Grantee Performance Report to the U.S. Department of Housing and Urban Development. Section 3. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. ~S~ rln~~ Presented by: Chris Salomone Community Development Director Bruce M. Boogaard City Attorney 7-.] /7 -1 MEMORANDUM September 28, 1993 TO: Tbe Honorable Mayor and City Councl1J John D. Goss, City Manager~ ~II \\ t Chris Salomone, Community Development Director (J/i)l VIA: FROM: SUBJECT: City Council Item #7 Minor changes were made to the Grantee Performance Report as noted below and reflected in the attached revised report: Page # Correction Description of Correction 2 Added 21 C to Report Human Services Coordinator Added 21 D to Report Resident Relations Added 21 D to Report Economic Development 3 Revised 25.1 South Chula Vista Library budgeted amount increased to $254,500 from $217,000 4 Added 25.3 to Report Boys & Girls Club - Public Address System Added 26.2 to Report Norman Park Senior Center Added 26.3 to Report Norman Park Senior Center 5 Matrix Code 05 Total budgeted amount increased to $43,580 from $43,190 6 Matrix Code 05B Total budgeted amount increased to $8,750 from $8,000 7 Added Matrix Code 05C to Metro Good Neighbor Report 8 Matrix Code 05C - Lutheran Total budgeted amount increased to $17,583 Social Services from $14,000 Added Matrix Code 05D Boys & Girls Club 16 Added Matrix Code 19C to South Bay Community Services Report Matrix Code 19E - Neighborhood Improvement Total budgeted amount decreased to $26,810 Program from $36,336 [C,IWP51ICOUNCILIMEMOSIINFO-36.MEM] 7-5/1-6 j Cover Page u.s. Department of Housing and Urban Development Grantee Performance Report Office of Community Planning and Development Community Development Block Grant Program OMS Approval No. 2506-0077 (GXP.3I31194) Public Reporting BUT'den tor l11is cofIee1ion ofinfoonation is estimaled 10 average 0.5 hours per rospon.se. induding the time fOl'relfiewing instructions, warchingexisting data sources. galheriogand maintaining Iho dataooaded, andcompkltingandrGviewing thG collGdionofinfonnalion. Seo.dcommonls regarding lhisburdenesfimalo or .nyother aspect of this collection of information, including suggestions forrGd'ucing Ihis burden. 10 the Reports Management OffICer. Olfico of Information POrteies andSysl9ms, U.s. Oepanmenlof Housing and Urban Dewdopmenl., Washinglon. O.C.2041Q-3600 andlo the OfficeofM.anaggfl"l9nl and Budget, P~erwork Reduction Proj9C1 (2506-OO77J. Washinolon. D.C. 20503. 00 not send Ihis completed form to either of theSQ addrosSGes. See HUO Handbook 6510.2, "Entitlement Grantee Performanc ,. Rop<)rt forthe Progra.m Year eod;ng 2. GranlNufTber: (dale): Report (ostructions" for guidance on completing this report 06/30/93 B92MC060540 3. Name& Address of Granl_: 4 Name &AddrClS$ olCommunilyDe....elopmefll Oiredor. City of Chula Vista Mr. Chris Salomone 276 Fou rth Avenue 276 Fourth Avenue, Chula Vi s ta, CA 91910-2699 Chula Vista, CA 91910-2699 5. Name&. T <"1ept!one Nurrber of ~n most l...miJo.a.r wilt! ;n!onnalton in this repor1: 6. Name &. T elepl1o.... Nuwber 01 p"rson 10 COfl1.;od .about d;sdosures required by the HUQ ~efOfm~0(1989. Mr. Juan Arroyo (619) 691-5947 r. uan Arroyo (619) 691-5047 7. Have these Community Development Block Grant (COBG) funds been used: a_ to meet the community development program objectives specified in the final statement for this program year? If no. explaIn, el Yes in a narrative attachment, how. (1) the uses dId not relate to pmgram objectives; and (2) future activitJes or pwgram objectives No might change as a result of this year's experiences. b. exdusively to either benefit low-and.moderate (low/mod) income persons. aid in the prevention or elimination ot slums or blight, ~ Yes or meet community development needs having a particular urgency? If no, explain in a narrative attachment. No c. such that the grantee has complied with, or wilt comply with, its certification to expend not less than 70% of its CDBG funds, [X) Ves dUfing the specified penod. on activities which benefit low/mod income persons? If no, explain in a narrative attachment. DNo 8_ Were citizen comments about this report and/or the COBG program received? If yes, attach a narrative summary. DYes IT! No 9. Indicate how the Grantee Performance Report was made available to the public: a. Byprinled notice: (name & date of publication) b. By public hearing: (place & dale) Star-News, September 24,1993 c. Other: (explain) The GPR wi 11 be noticed in a publication for information on location of report for public availability. See above. 10_ The following forms must be compfeted and attached: a_ Activity Su01CTlaA)', lorm HUO-4949.2 d. One-Far-One Replacement Summary, form HUO-4949.4 b_ Activity Summary, form HUD-49492A e. Rehabilitation Activities, form HUD-4949.5 c_ FonanciaI Summary, form HUD-4949_3 '- DispIacemen1 Summary, form HUD -4949_6 I herebycerlilythat ThisreportcontainsaU <equiredil8msidentified above; Federatassislance madeavailableundertheCommunityDevelopment Block Grant Program (CDBG) has not been utirlZed to reduce substanliaUy the amount of local financial support for community development activi1ies below the level of such support prior to the start of the mostrecendy completed CDBG program year; an the information slated herein. as wen as any infonnation provided in the aoc:ompaniment herewith, is true and accurate. .--- W4Iming: HUQ MIl proseast8 false daimsand S1atemenu. CorMcfion may t8suh in criminal andforcivil penalties. (18 U.s.c. 1001, 1010. 1012;31 U.s.C. 3729. 3802) Typed Name & TrUe of Authorized Officiaf Representative: Signature: Date: . 9 !~?/93 Tim Nader Mavor x . 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'" ...... ..... ." ) Financial Summary Grantee Performance Report Community Development BI9ck Grant Program U.S. Department of Housing and Urban Development Office of Community PJanning and Development OMS Approval No. 2506.()Q77 (Exp.3f31194) PublicReportingBurden forthiscollectionofinformalion iseSlimatodtoaverage 12hoursporresponse. including the iime forruviewing instructions..searchingexisting data sources, gathering and maintaining the dataneedGd. and completing andreviewing the collection ofinformalioo. Send comlTl9nlsregarding this burden estimate or any other aspect of this collection of information. including suggestions for reducing this burdan, to the Reports Management Officer, Office of Information Polieie:> andSystems, U.S. Departmental Housingand Urban Development. Washing1on, D.C. 2041o-3600andtothe Office of Managemenland Budget. Paperworn Reduction Project (2506-0077), Washington, D.C. 20503. Do not sendlhis completed form to either of these addressees. 1. Name 01 Grantee 2- Grant Nurrber 1. Unexpended CDBG funds at end of previous reporting period (Balance from prior program years) 3 Reporting Period Fmm07/01/9'lio 06/30/93 Cit of Chula Vista B92MC060540 Part I: Summary of CDSG Resources 2. Entitlement Grant from form HUD-7OB2 $ 1 579 660 $ 1,380,000 $ -0- 3. Surplus Urban Renewal Funds 4. Section 10B Guaranteed Loan Funds(Principal Amount) a Revolving Funds $ 5 Programlncoma recaived by: Grantee (Column A) Subracipien! (Column B) $ b. Other (Idenlily below. If more spaCe is needed use an attachment) c. Total Program Income (Sum of columns a and b) 6. Prior Period Adjustments (if column is a negative amount, enclose in brackets) 7. Total COBG Funds available foruse during this reporting period (sumoflines 1 Ihrough 6) Part II: Summary of COBG Expenditures B. Tota/expendi1ures reported on Activity Surrvnary, fQ(ms HUD-4949.2 & 4949.2A 9. T olal expended for Planning & Administration, lorm HUD-4949.2 $ 10. Amount subject to lowlMod Benefit Calculation (line B minus line 9) $ 11. COSG funds used for Section 108 prindp31 & interest payments 944 554 $ 12. Tot31 expenditures (line 8 pJusline 11) 294 850 13. Unexpended balance (line 7 minus line 12)) $ 1 420 686 $ 1,647,131 Part III: lowlMod Benefit This Reporting Period 14. Total LowlMod credit for multi-unit housing expenditures from form HU0-4949.2A $ 15. Total from 311 other activities qualifying as low/mod expenditures from forms HUD-4949.2 and 4949.2A -0- 16. TOfal{line14plusline15) $ 1,125,836 $ 1 125 836 84 % 17. Percent benefit to low/mod persons (line 16 civided by line 10 this reporting period) This fonn may be reproduced on local offICe copi9f5. Previous editions are obsolete. Retain 1his record for 3 years. page!. 7 ) of( 20) form HUD-4949.3 (06124193) refHandbook6510.2 7-.23 Program years (PY) coveroo in cortification py Qn py Ql py Q? () p.rt IV: LowlMod Benefit for Mufti-V..,. Certmc:.ationa (Complete only If certifICation period includes prior years) 18. Cumulative Mtexpenditures subject to programbeMfiI calculation , ' $5 019 700 $5,185,853 96 % 19. Cumulaliwexpenditufes oonefitinglowlmodpersons 20. Perconl benefit to low/mod persons (line 19 divided by line 18) Part V: For Public Service (PS) Activities Only: Public Service Cap Calculation 21. Total PS expendituresfromcolumnh.IormHUD-4949.2A $ 315,272 $ 69 735 $ 385 007 $ 56.9]5 $ 328,092 $ 202.705 $ 1,380,000 $ 1 582 % I - $ 1 488 157 $ 181,282 ]? % 22. Total PS unliquidated obligations Iromcolumn r. form HUO-4949.2A . 23. Sum of line 21 and line 22 24. Total PS unliquidated obligations reported althe end 01 tho previous reporting period 25. Net obligations lor public services (line 23 minus line 24) 26. Amount of Program Income received in the preceding program year 27. Entitlement Graflt Amount (from line 2) 28. Sum of line 26 and line 27 29. Percent funds obligated fOf Public Service Act!Vltles (line 2S divided by line 28) Part VI: Planning and Program Administnttion Cap Calculatton 30. Amount subject to planning and administrative cap (granl amountlrom line 2 plus line Sc) 31. Amo1.:nt expended lor Planning & Administra1ion(lrom lina 9 above) 32. Pereant lunds expended (line 3 1 divided by tine 30) Instructions Name of Grantee: Enter the grantee's name as shown on the approved Grant Agreement (form HUD-7OS2) for the most recently completed program year. Grant Number: Enter the grant number assigned by HUD to the Community Development Block Grant for the most recently completed program year. Period Covered: Enter the beginning date and ending date for the most recently completed program year. i- ) p~ t7A form HUD-4949.3(06124193} f9fHandbook6510.2 7~:2f v ~I ~ :0 <? 0 .-0 M ~ I ri- M . I ,. ... --- w+ ~ \D E~ ~ <=> 8 0 ]. 9 1:i '" m 0 ~ N .. ]; N ,; 0) .':M Z --- :'5 .-0 ;;; ;; .-0 .. > <=> o . r - . --- ~ > "- ~8 <=> ,- m ~ z" '" 0 E c 0 . g I ~ .~~ 0) "'.. --- - "" C .! '~ . > --- w o~ .-0 E .-0 C W ~ I 0 <=> I <D "" > m <lJ w 0 <=> . ::> -c \D '" ~ c c i <=> 'c <lJ ro U :J ~ > rn ::;: . J <0:: c z N C c ~ 0) w -0 C E '" co w ~ >- "--- 0 .~ ro '" .<:: Q I- w 0:: <=> - m - N ~ .-0 Q ~ "'" ~ .-0 N ~ - . " .~ w. ~ Ei";; 0> CO o c .0 cO ~o ~1:.q w >~ rn "O..o.~ . ~]M 0 ",. .-0 -~ o. ~~N ~ ;;- z~!:: 0 N -c ~ --- ... o ~ "" ~ 0 ~~ --- > .-0 C 0", .-0 0 ~ " a: JO ,,,, <lJ '" g. ::> ..., c .; V> w <lJ , 0 .~ 1'J . > 'Q. :> <0:: 0 'c . 0 => ~ w '" .d <lJ ,g ~ rn > en ." c J ::> '~ c .. .<:: => ti '" ] U 0 ~ >- I 0 0 o ' '+- -C i~~ <=> 0 m ~ 0- . ~ \D ,~w M "D ~ .3 eOM 0.." .~ ~ia..E u - f~ 1i'~ 10 . ..... 0" ~, ;;;-:~ ~ Q "'z ,\D E~ - N E~.!! .~ -,- I .2 0 c: ...->-iii -.- F -. 0.1< ~ ~ ~ :3 ent::: _0 e:o. Q)Q) ED: ~~ .!!!e: o.rn &!E Q)o e:'t: OQ) ,a. 0$ LL_ die: e:E OCl ~ci .- NW ig~ _0 .0 .D m" .0 m _ .0: 0-' =>~ 0: E .2 0. E w > w o c ro D ::; " C W '" C -OJ" => 0" o:C: o.,q _c c' wE EE 1:0 wU 0._ w 0 Ow 00 .u .0>= =>0 7~.:25 Rehabilitation Activities Grantee Performance Report Community Development Block Grant Program U.S. Department of Housing & Urban Development Office of Community Planning and Development .OMS ApprovalNo. 2506-OO77(exp. 3131194) Publk: Reporting Burden lortnis collection of information isestimated 10 average 5.0 hours per responsa, including the (img lor reviewing instructions. searching existing data. sources, galhGringand maintaining the data needlad. andcomplelingand reMwinglhecollection of information. Send comments rogarding Ihisburden estimate or anyolher aspec1 01 this collection of information. induding suggestions for reducing this burdgn, 10 tho Reports Manag'ltnenl OffiCQr. Office of Information Policies andSyslems. U.S. Oepanment 01 Housing and Urban OGvelopment. Washington, D.C. 20410-3600; andlo the Office of Managemen1and Budgot, Paperwork Reduction Project (2506-0077) Washington, D.C. 20503. 00 not send this completed lorm to eilherof theSQ addressees Instructions Name of Grantee: Enwr the grantee's nama as shown on the approved Grant Agreement (form HUD.7082) lor the most recently COf'!'lpleled program year. Grant Number: Enter the grant number assigned by HUO to Ihe Community Oevelopffi9nt Block Grant for the mJst recently completed program year. Period Covered: Enter the beginning date and 9I1ding date fO( the mostrecgntlycompletedprogram year. < ,......... 01 GrAnt<o<o Gr&nl~be< PrOQ'.....v..., City of Chula Vista B92MC060540 F<om 07 /01/92To 06/30/93 5'ngle-unit Adiviti.. (On~ Unit StnJctures) Multi-(j'nit Activiti.. (Two or Mo.-. Unit: S'tnJdu,..s) 1. Check box only if grantee had no COSG rehabilrtation activities n~. c::o n~. [0 $ $ $ $ $ $ Projects 0; 0; $ $ $ $ Pr 'ects Unit Units $ $ $ $ 2. Staffing numbGr of Stal1.Years (FTE staff years to lenths) 3. CUrTent Program Year Expenditures. Activity debvory OJsls from COBG funds $ a. Staff costs: Amount expended for stajj.years in 2 above b. Otherdir~t costa (not included In J1n94} $ 4. CUlTent Program Year Expenditures. For aU projects (both open and $ complel9d). enler amount expended during the program year (a..-b+c below) a. COBG funds expended $ b. DIner public (Federal. State, local) funds expended S c. Private lundsexpended $ 5. ProjedalUnits Ref1abitftated/Committed a. Number 01 projects committed (multi-unit ooly) b. Number 01 units committed 6. Obligations. A!TIOunt obligated (a..- b..- c below) for projects/units committed r~ ~a and Sb $ a. COBG funds obligated $ b. 01her pUblic (Federal, State. local) lunds obligated $ c. Private funds obligated $ 7. ProjectalUnitsRehabilitaledtCompleted a. Numberol ro.ectsco letect muUj..unitonl b. Number 01 units completed 8. Cumulative Expenditutu. Enler 1he lotal amount of funds expended during the curr9l1t and prior program yaars for projects completed during 1I1e program $ ear a.b.c. a. CDBG funds expended $ b. Other public (Federal, Slale. Local} funds expended $ c. Private funds expended $ Individuals may copy this form on olfice copiers as needed. Previous Editions are Obsolete. Retain this record for 3 years. pago(19 ) of ( 20 ) form HUO..(W9.5 (06124193) ref. Handbook6510.2 7 - ,;2J,. --- c o E "- .2 00' >0 ~& co o. n> - 0 =>0 ""-0 Cc o ~ 0>0> C C -g:;'c ~ c 0-'" :CO- o.~ c c ~ o E EE :::0 00 "-- 00 00 o U)~ ::>0 c t:~ OeJ 0.-'" >.<l>g ,,--n: - ctJ OJ E~E ECID ;] ctJ E cnEg-- -OW C'!:5; <l><l>O En.>. ~a:'E ~-E Q.cE ~f!o CC)O 'i" ~ '" M g. ~ ~ 8 ~ ~ .; z -. > o C. ~ "" m " o '" a-. '-- ~ -go .'-- 88 ~ E ~ ~ ~ ~ o "'" U) o <D 00 fu ':>:: z'" ~O'\ "CD E ~ 0> e "-- ~ c ." , o ~ u . 0. is . "" o ~ . . , o <o:c . E o u E <0 -+--' V> :> :::> -'= u . 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E.~ . .26-;; 'ii ..;;:"iii ! ~~~ . '" M - '7~27 COUNCIL AGENDA STATEMENT ITEM TITLE: Item r Meeting Date 9/28/93 Resolution 17,Jl &. 0 Intention to vacate unnamed roads located at the southeast corner of Palomar Street and Industrial Boulevard (Palomar Trolley Center) and setting the date for public hearing Director of Public Works b... ~ Community Development Dirt!ctor (,? ' City ManagerB (4/5ths Vote: Yes_NoX) SUBMITTED BY: REVIEWED BY: Sunbelt Management Co., c/o Latigo West Development Co., is the owner of the proposed development along the south side of Palomar Street between Broadway and the Palomar Trolley Station east of Industrial Boulevard and has requested right-of-way vacations of unnamed roads by the City, in order to utilize the vacated land for the Palomar Trolley Center development. In accordance with Section 8320 of the California Streets and Highways Code, the City Council may initiate a proceeding by adopting a resolution of intention to vacate the subject right-of-way. RECOMMENDATION: That the Council adopt the subject Resolution of Intention, which includes the provisions set forth in Chapter 3 of Part 3 of the California Streets and Highways Code, and that Council set October 26, 1993 as the date for the associated public hearing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The County of San Diego acquired the unnamed roads (see Exhibit "A") by Subdivision Map 729, recorded on February 19, 1915. The City of Chula Vista annexed the Montgomery Area in 1986, and consequently acquired all right-of-way associated therein. Since 1915, the unnamed roads have not been utilized for their intended purpose. City records and site reconnaissance reveal that the roads were never paved. The area in which the roads were to be situated has, to date, been used for agriculture. Council has, in the past, required payments for streets which have been vacated although there is no official Council Policy relative to payment for vacated right-of-way. Each circumstance has been considered on its own merits. In some instances payment has been for the whole area vacated, in other cases, payment has been for the difference between the area vacated and the area dedicated. Some streets have been vacated at no cost (power Center) because that issue was addressed in the Disposition and Development Agreement (DDA). r,/ Page 2, Item Meeting Date 9/28/93 t" Staff recommends that the streets in this situation be vacated at no cost to the developer for the reasons indicated in the following paragraphs. The proposed vacation of the unnamed streets encompasses a total of 1.29 acres. The developer is required to dedicate 1.11 acres for Palomar Street and 0.44 acres for the new access to the MTDB Trolley Station. The access to the trolley station was required as a result of the Price Club DDA for the Power Center on East H Street. Overall the developer will be dedicating 0.36 acres more than is requested to be vacated. (See Exhibit B) A Disposition and Development Agreement (DDA) has been executed between the developer and the Agency governing the development of the Palomar Trolley Center. The DDA established cost sharing arrangements between the Agency and the developer in the areas of land acquisition and off-site improvements and established expected levels of sales tax generation to the City's General Fund. As structured, the project should generate approximately $4 million to the City's General fund and the Agency's tax increment funds over the next 10 years. The DDA does not address the proposed street vacations because the parcels they traverse were controlled but not owned at the time the DDA was negotiated (in escrow). Nor does the DDA subject those parcels to the land acquisition cost sharing arrangement. Effectively, the Agency left the developer to close the subject escrow on the most favorable terms they could accomplish. Holding a public hearing on vacating the streets at that time would have changed the value of the transaction and would have interjected the Agency into the real estate deal between the buyer and the seller. Precommitting to the street vacation in the DDA would have invalidated a subsequent public hearing process. However, in spite of the fact that the DDA doesn't address the vacations or what compensation might be involved, the DDA negotiations were conducted on the assumption that the City would vacate the streets in favor of the developer at no charge to benefit the financial feasibility of the project, thereby reducing the financial gap that required Agency and City financial participation. All financial projections for the project, which determined the Agency's financial participation in the DDA, were based on street vacation without compensation. It was felt that it would be appropriate to look to the tax-generation benefits of the project as adequate and appropriate compensation. Therefore, if the Price Club access issue had not arisen and created the issue of exchanging rights-of-way, Agency staff would still have brought forward a recommendation to vacate the subject streets at no compensation beyond the development of the center. The right-of-way cannot be summarily vacated because of the existence of public utility facilities. In adddition to the above-referenced DDA completion condition, the conditions of vacation shall be: ~'.2.. Page 3, Item Y Meeting Date 9/28/93 I. The reservation of easements for Sweetwater Authority public utility facilities. 2. Dedication of required right-of-way on Palomar Street. In accordance with Section 8324 of the California Streets and Highways Code, Council shall instruct the City Clerk that the subsequent Resolution of Vacation not be recorded until the conditions have been satisfied. All utility companies were contacted regarding the proposed vacation and none have objected to it. Sweetwater Authority has existing facilities for which they request that an easement be retained. That easement may be superseded with the development by the granting of a new easement by the developer. Section 8320 of the California Streets and Highways Code states that the Resolution of Intention shall include: 1) a declaration of the intention of the legislative body to vacate, 2) a statement that the vacation proceeding is conducted under this chapter, 3) a description of the general location and a reference to a map or plan, and 4) the date, hour, and place for a public hearing no less than 15 days from the adoption of the resolution of intention. FISCAL IMPACT: The City and the Redevelopment Agency will receive approximately $4.0 million in additional tax revenue over ten years, if the unnamed streets are vacated and the project completed as planned. JA:PV-061 WPC F:\HOIv:fEIENGINEER\AGENDA\V ACAIE.PAL 092293 8<;/'1"1 RESOLUTION NO. /7.</,tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO SET A PUBLIC HEARING FOR OCTOBER 26, 1993 TO VACATE UNNAMED ROADS LOCATED AT THE SOUTHEAST CORNER OF PALOMAR STREET AND INDUSTRIAL BOULEVARD (PALOMAR TROLLEY CENTER) WHEREAS, Sunbelt Management Co., c/o Latigo West Development Co., owner of the proposed development at properties in the southeast corner of Palomar Street and Industrial Blvd., has requested right-of-way vacations of unnamed roads by the city, in order to utilize the vacated land for the Palomar Trolley Center development; and WHEREAS, in accordance with section 8320 of the California Streets and Highways Code, the city Council may initiate a proceeding by adopting a resolution of intention to vacate the subject right-of-way; and WHEREAS, section 8316 of the California Streets and Highways Code states that one or more streets, highways, and public service easements, whether or not contiguous, may be included and vacated in the same proceeding; and WHEREAS, the right-of-way cannot be summarily vacated because of the existence of public utility facilities and conditions of vacation shall be: 1. The reservation of easements for Sweetwater Authority public utility facilities. 2. Dedication of required right-of-way on Palomar Street. WHEREAS, in accordance with section 8324 of the California Streets and Highways Code, Council shall instruct the City Clerk that the subsequent Resolution of Vacation not be recorded until the conditions have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby set 6:00 p.m. on the 26th day of October, 1993 in the Council Chambers, 276 Fourth Avenue, Chula vista, California as the time and place for hearing all persons interested in or objecting to the proposed vacation of unnamed roads located at the southeast corner of Palomar Street and Industrial Boulevard (Palomar Trolley Center), more particularly described in Exhibit "A", attached hereto and incorporated herein as if set forth in full. 1 8',5' BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby directed to cause a copy of this resolution to be published once in the Chula Vista star News, a newspaper of general circulation published within the City of Chula Vista, and to cause notices of the passage of this resolution to be posted in the manner and form required by law. BE IT FURTHER RESOLVED that the City Clerk is hereby directed that the subsequent Resolution of Vacation shall not be recorded until the conditions set forth hereinabove have been satisfied. Presented by a~ John P. Lippitt, Director of Public Works ruce M. Attorney F:\homc\attomey\vacate.paJ 2 ~,,~ U966ROADS.LEG (E01.30.31 0] (21, 5/1 1(93 (CHI. LD LEGAL DESCRIPTION FOR VACATION OF UNNAMED ROADS PARCELS 'A' AND 'B' BEING A PORTION OF THE UNNAMED ROADS LYING WESTERLY OF LOT 1, AND BETWEEN LOTS 1 AND 2 OF WALMER'S SUBDIVISION, ACCORDING TO MAP THEREOF NO. 729, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE WESTERLY, ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 1, TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID MAP NO. 729; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID MAP NO. 729, TO A POINT OF INTERSECTION WITH A LINE LYING PARALLEL WITH AND 59.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID MAP NO. 729; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LOT 1, TO THE POINT OF BEGINNING. CONTAINS 0.39 ACRE MORE OR LESS. PARCEL 'B' BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE WESTERLY, IN A STRAIGHT LINE, TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTHEASTERLY, ALONG THE EASTERLY LINE OF SAID LOT 1, TO A POINT OF INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND 59.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID MAP NO. 729; THENCE EASTERLY ALONG SAID PARALLEL LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 2; THENCE SOUTHEASTERLY, ALONG THE WESTERLY LINE OF SAID LOT 2, TO THE POINT OF BEGINNING. CONTAINS 0.90 ACRE MORE OR LESS. PAGE 1 OF 1 g--,. 7 ?l'- {if I 30'1 ~O' 10 ~ a::: Ej r~ ~ ~ ::;) j.EGEND: t?//~ ,................] ':',":":':':":':':":':':":':':'.: EXHIBIT lA' PARCEL MAP NO. 14977 4 1 PoRTION OF DEDiCA 'lED ~ALOAtAR STREET 8-6-85 AS F /I> D~ff"tg!.T RECORDED .' 282/53, OJ~. ... J - 1 1lES1ERL Y UHf OF LOT 2 2 El.S1D!L Y UNf OF LOT 1 WALMER'S II€S7FRL Y UHE OF /,lAP 729 P.D.B. PARCEL 'A' SOU1HWEST CORNER LOT 1 SOU1H UHf :\. OF LOT 1 -- - NO, 729 MAP 6 I · mEET VACATION PARCfl. 'A' AREA - .39 AaIE: :t S7REET VACATION PARCfl. 'B' AREA - .f/O AaIE: :t ~ PrDJact Darign. C'DMWtClnlS AI_'", _ J\If(-... DOUGU.S C. PAUL Ref 22606 REG. EXPIRATION: 12-31-93 CITY OF CHULA VISTA STREET VACA nON: PORTION OF UNNAMED ROADS LYING SOUTHERL Y OF " PALOMAR STREET AND WITHIN MAP 729 WALMER'S SUBDIVISION -... '8"8' ~ BL\O. " "- _cD . \- . . - cD "I 1'1\ >< ~ "- ill ~ ~ CI::: ~ ~ 2:0\ 0\1) j:::": ~ II ...) - ~~ 0 Q~ 'J~ t:i-.l .' ~~ c I:: (- (n~ ~ ~ ; ~F l1.1 If) C) 1- ~ B01W ~~ 1-=3 V)<! _0- ~-i COUNCIL AGENDA STATEMENT ITEM TITLE: Item-L- Meeting Date 9/28/93 Resolution /7-2.(, J Accepting engineer's report, declaring the City's intent to form a fee recovery district for Otay Valley Road Assessment District No. 90-2, and setti~.9 J hearing date for the formation. Director of Public Works r SUBMITTED BY: REVIEWED BY: City Manage(9 (4/5ths Vote: Yes_No..K.J On June 23, 1992 the Council approved the formation of Assessment District No. 90-2 to improve Otay Valley Road. In conjunction with the district staff recommended and Council approved that a fee recovery district be established to recover money from property owners who develop their property to a greater degree in the future than outlined by the Assessment District. Bonds for Phase 1 construction were sold in August of this year, consequently, it is now appropriate to form the fee recovery district. RECOMMENDATION: That the Council: 1. Approve the engineer's report 2. Adopt a resolution declaring the Council's intent to form the fee recovery district pursuant to Government Code Section 66484 and Ordinance 2511. 3. Direct the City Clerk to notice the public hearing 4. Set November 9, 1993 at 6:00 pm as the date and time for the public hearing. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Assessment District No. 90-2 was established to provide the revenue, combined with City contributions, to construct Otay Valley Road. The owners within the assessment district are being charged an assessment for the road construction on a fair share basis fixed at the time of the public hearing. However, if property subsequently develops to a higher use than outlined by the assessment district, then the assessment would be too low. Hence, staff recommends that a fee recovery district be established to enable the City to charge additional fees to ensure that each property owner pays their fair share of the improvements. Owners of property which does not develop nor develop to a higher use would not pay into the proposed fee recovery district. A report to implement the fee district has been prepared which is summarized below. 9-/ Page 2, Item '1 Meeting Date 9/28/93 Boundary of district The district is east of 1-805 and extends to the eastern boundary of the city limits. The district is nearly coincident with the district boundary for Assessment District No. 90-2 except for five additional properties that have been included. These five properties have development constraints and may be difficult to develop due to their location within a floodway or floodplain or within an area of probable wetland designation as defined by agencies other than the City of Chula Vista. Other properties render themselves difficult to develop due to severe slopes within the entire parcel area. Consequently, these properties were not included in the assessment district but are included as part of the fee recovery district so that if development occurs, these properties will pay their fair share of the roadway construction. One property, leased by Nelson-Sloan is located east of the City limits. To include this property within the District requires the City to enter into a joint use agreement with the County. Staff proposes to contact the County regarding the joint use agreement. A plat showing the boundary of the fee recovery district is presented in Attachment A. Description of improvements The assessment district was established to improve Otay Valley Road. The improvements consist of widening the existing Qtay Valley Road to create a six lane major road between 1- 805 and Nirvana Avenue and installing traffic signals at the intersections of 1-805 and Nirvana Road. It also includes widening Otay Valley Road to a four lane facility between Nirvana Avenue and the easterly City limits and improving the easterly curve on Otay Valley Road. Fees The fee proposed is based on traffic generated. Presently, all the parcels within the district are zoned for industrial use yielding the same average daily trip generation rate (200 trips/acre). Hence the fee is essentially based on acreage if the land use is industrial. Staff proposes a fee of $19,000/industrial acre or $95/trip based on the cost of improvements of $12,080,142 less the City's contribution of $4,497,693 divided by the number of assessed acres in the district (398.84 acres). This fee will be subject to adjustment after Phase 2 construction is bid. This fee is only applicable to parcels developing to higher traffic generating uses than accounted for in the assessment district. Examples are presented below. Example 1 If a parcel of 20 acres obtains a land use which is estimated to generate 270 trips/acre instead of 200 trips/acre, the City would charge a fee of $133,000 (20 acres x 70 trips x $95/trip) for the additional trips not accounted for in the assessment district. 9 ' ..2.. Page 3, Item ~ Meeting Date 9/28/93 Example 2 Should certain properties, removed from the assessment district because of development constraints, be able to develop in the future, the owner would be subject to paying a fee at a rate of $19,000/acre. Use of fees The proposed ordinance provides that the money collected shall be used to 1) either lower the annual assessment district installments by calling bonds; 2) pay for eligible cost overruns; 3) pay for the costs associated with administering the fee. Staff has included $25,000 in the costs for developing and administering this fee program. Leaal Notice Based on Government Code Section 66000 and past City practice, the following procedure is proposed for enacting these fees: 1. Hold a property owners meeting. This is not required by Government Code 66000, but it has been required by the City Council on similar projects. 2. Provide public notice. Publication in a newspaper shall be pursuant to Section 6061 of the Government Code. Notice of the hearing shall be mailed to all owners within the proposed district. 3. Hold the noticed public hearing. 4. Perform the first reading of the ordinance to enact the Fee Recovery District fee. 5. Perform the second reading and passage of the Ordinance. Effective date of the ordinance would be 60 days after the second reading. A plat is attached of the proposed fee recovery district boundary. Fiscal Impact: Passage of this resolution would not have any financial impact at this time. However, passage of the subsequent ordinance to enact the Otay Valley Fee Recovery District may result in additional money being collected for the construction of Otay Valley Road. Attachments: ~~ A - Boundary map of FRD C~~ B - Engineer's Report <t\o\~ WPC F:\home\engineer\agenda\ad90-2.jef File HX 024 9:3/'1-1 RESOLUTION NO. )7,2/'/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ENGINEER'S REPORT, DECLARING THE CITY'S INTENT TO FORM A FEE RECOVERY DISTRICT FOR OTAY VALLEY ROAD ASSESSMENT DISTRICT NO. 90-2, AND SETTING A HEARING DATE FOR THE FORMATION WHEREAS, the city Council intends to order the formation of a fee recovery district for construction of Otay Valley Road and to collect fees pursuant to section 66484 of the Government Code and city Ordinance No. 2511; and WHEREAS, the improvements consist generally of widening Otay Valley Road roadway between 1-805 and Nirvana Avenue to six- lane major arterial standards and widening Otay Valley Road between Nirvana Avenue and the easterly City limit to four lanes; and WHEREAS, the fee recovery district shall be known as the Fee Recovery District for Otay Valley Road, consisting of non- residential properties, and is generally located north and south of Otay Valley Road and between 1-805 and the easterly City limits; and WHEREAS, the city Engineer has filed with the City Clerk the report required by section 66484 of the Government Code; and WHEREAS, all interested persons are referred to that report for a full and detailed description of the improvements and costs (estimated at $7,582,449), the boundaries of the district and the proposed fee of $19,000 per industrial acre (or $95 per vehicle trip); and WHEREAS, the fee shall be satisfied either wholly or in part through participation in Assessment District No. 90-2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the engineer's report and declare the City's intent to form a fee recovery district for Otay Valley Road Assessment District No. 90-2. BE IT FURTHER RESOLVED that the city Council does hereby set November 9, 1993 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing thereon. BE IT FURTHER RESOLVED that the City Cle directed to notice the public hearing i ccordance 6061 and 65091 of the Government Code. ' is hereby h sections Presented by John P. Lippitt, Director Public Works of Bruce M. Boogaard, ~,~ Attorney CITY OF CHULA VISTA OTAY VALLEY ROAD FEE RECOVERY DISTRICT 1993 REPORT Prepared. by: Department of Pub~ic Works Date: 7/12./93 q-~ ATTACIIICb'f B July 1:2, 1993 File HX-024 O'vaa. .... The Otay valley Road Pee ReCovery District (District) is p~oposed for the ~e of ~.imbursing Asses8ment District NO, 90-2 in the event t~t certain properties develop to higher and'greater uses than outlined in the Final Bngineer's Report, dated 6-23-9:2 and approve4 by Resolution No. 16643. ~ The ~axy of the p~..d District includel all the properties within Asses~t Dbtrict NO. 90-2 except the County "landfill and includes five aMitional properties which were not included in the assessment district because of development constraints. The area generally consilts of those industrial properties located near Otay Valley Road and bounded by I-80S on the west and the City/County line on the east. However, one property, lealed by Nelson-Sloan, is located east of the City . limits . To include this property within the District requires the City to enter into a joint use agreemeat with the County. The Nelson Sloan Mining parcel is included in the benefit area because it presently geDerates heavy truck traffic on Otay Valley Road and will receive direct benefit from the improvements. In additioa, the design for the future curve at the eastern boundary of the district includes specific features that will accommodate truck traffic to and from the mining parcel. An eastboUDd left turn pocket will provide trucks with safe access from the west, a westbouac1 acceleration lane on the right will allow exiting trucks to safely enter the flow of traffic, and a right turn pocket will provide access for entering northbound trucks. Map A. Appendix A, shows the District Boundary. LOCA'1'Xa* Ala) DUClaD'l'lc. ClIP --.ov AS Asse.saant District Ne. 90-2, Otay Valley Road imprOV'llments begin at I-80S and extend ...terly to the City iimits. The improvements incl1,1c1e widening the roadWay to six lanes with a median frOll I-80S to Nirvana Avenue (PM.. 1), widening the roadway to four lanes from Nirvana to the eut:.erly City limits (Phase 2). traffic signals at Ni~a Avenue and I-80S, and curve improvements at the easterly end of Phase 2. Theee improvements are funded by assessment district bond proceeds and City contributions. Fee Recovery District 1993 Repo~ Page 2 ~-q Map B, Appendix A, shows the location of the improve~nts. .....rr .oa AI" r .. DImIcr JR). 90-2 AIID .... UCO~y DISftICt The main pu~se of the roa~ay is to move traffic from neighborhood to nsigbborhooc! or neighborhood to freeway. As indicated previously, there is a need for four lanes ()f roadway to serve the area within th~ bouridary of the District at authorized buildout and ..intain an acceptable level of service. The direct, local special benefit derived by the properties within the District for these four lanes of iftl)rovement are as follows: 1. Providing roadway capacity to maintain an acceptable level of service at the authorized buildout; 2 . Providing traffic safety through medians and signalized intersections; and 3. Bnbancing the value of the properties within the boundary of the District. -~ 01' '.-aD Faa .un:1- l DISftICt 110. 90-2 The widening of Otay Valley Road will benefit both devel~d and undevelaped. parcels within the District boundary. All of the property within the assessment district boundary has been authorized the same land use (industrial) and generates the sallie amount of vehicle trips per gross acre. For that reason, the assessments within the contiguous boundary of the assesS1II8nt district are based on gross acres. SPIICUL c:uu Actual traffic counts for the Nelson Sloan Mining parcel were taken from T12. Tra~tic Analysis tor Otay Valley Road Phase II. A factor of 200 ?ehicle trips per day per acre was used to calculate trips for each of the in~strial parcels and compared with vehicle trip counts for the mining parcel in order to determine that parcel's proportionate share of the cost. The heavy truck1l that _re included. in the traffic count was multiplied by a rate of 1.7 to account for the ac1cUti.onal wear they cause to the road providing an adjusted number of trips of 1190, or 5.95 equivalent acres. Certain other properties within the Otay Valley Road benefit area render themselves, either wholly or in part, difficult to develop due to their location within a floodway or floodplain, or lying within an area of probable wetland designation as defined by agencies other than the City of Chula Vista. Fee Recovery District 1993 Report Page 3 '1-10 Other UDdeYe~oped properties render themselves difficult to develop due to severe slopes within the entire parcel area asd.fined by the City of Chula Vista. Where these conditions occur, parcels have been eliminated from the assessment district entirely or portiOJUl of the property have been e~iminated from the calculations of area for assessment purposes. ...._~.... III ....y"'Ol ... Should a parcel subJlequently be able to develop, develop more acreage or generate more than an industrial rate of traffic (200 tr~ps/a4!re) as outlined in the Pinal Bngineer's Retort for the assessment district. the property owner sha~l pay additional fees. Table I, AppeDdix B, contains a listing by owner's nalll4, assessment number, assessor parcel number, gross acreage, and as.s_ssed acreage as outlined in ASsessment District No. 90-2. COft ""~fti Phase 1 construction is based on the low bid received by the City in March of 1992. Phase 2 construction is based on the BngiJH!er of Work estimate. The cost of construction, incidentals and administration is $12,080,142. A contribution of $4.497,693 to the overall district was _de by the City from various funding sources. The overall eligible cost to the District is $7,5"2,449. See Tables 2. 3 & 4, Appendix B, for itemization of costs and contributions. I'D _,.~I"~ The fe_, a.sessed against all beraefited property within the District to pay the coats of the improvements, are apportioned on an adjusted benefited acre basis. The total asse.sed acreage equals 398.84 acres. The fo~~owing formu~a was used to determine the cOst per gross benefit acre: TotuCo.t of I~----~t . S7.a82.449. $19,011/ac say $19,OOO/acre Total ~.e8.ed 3'98.84 ac As...... AC:res The fo~l. i. for iadu8trial land which has an average daily trip geDeration rate of 200 trips/acre. This is eqUiva~ent to $95.00/trip. Fee Recovary District 1993 Report Page 4 C1-H The owners of properties which increase their use beyond an industrial land use generatinsJ traffic at a rate m4re than 200 average daily trips/acre, shall pay at a rate of $95/~rip into the District for each trip over 200 trips/acre. por pr~rties which develop more i~trial acreage than that used. for det;ermining the assessment. in Asses~t District No. 90-2 (See Table 1, Appendix B), the owner shall pay additional fees at a rate of$l9,000/acre for each additional acre developed. As construction begins and Phase 2 is bid the fee will be adjusted to reflect any changes in costs. Table 1. Appendix B. lists the gross benefit (assessed) acres for each parcel within the District as outlined. for the Assessl\lent District. I'D COJ.UCU~ All) V. The fees associated with higher use shall be paid by the property owner to the City of Chula vIsta at the time of final .p approval, conditic:rnal WI_ perait &JProval, or building permit issuance, whichever occurs first, aDd the City shall deposit suclt. fees in the Pee Recov.ery District P'und. MorI.ies shall be expend~ solely to reduce the annual debt service of those participating in Assess1llel1t District No. 90-2 by calling bonds, cover cost overruas or to pay the annual staff costs as.ociated with collection of this fee. The fees shall be due and payable in accordance with .the proposed Chula Vista Pee Recovery Ordinance, which is included as Appendix C of this report. COIIIDI'rJ:-.& 011 ncva.OI 1.1. The developer sball participate in the Otay Valley Road Pee Recovery District if develCplMnt creates more demand than the incSustrial use or was not ...essed'in Assessment District No. 90-2. -"J-' d -~,. --....., The Di.strict inc1.ud.s deve1.opec1, underdeve1.oped and undeve1.oped properties in both the City of Chula a:i1d unincorporat.ed areas of San Diego County. The illlprovements to be constructed are also situatee! in both the City and County. To make the propoaed Pee Recovery Ordinance work !,O that all benefiting 1aDd8 are required to pay their fair share of the cost of constructing the rOadlray improvements, a joint powers ag%'eel8ent Fee Recovery District 1993 Report Page 5 q':'ta with tbeCOUDty will be nec.ssary. At this time, t.he proposed ordinance will only be applicable to lands within the City. A joint powers agreement or similar mechanism with the COW1ty for the financing and construction of the roadway improvements would require the owners ot land within the County to participate when devel~nt occurs. Negotiations should be initiated with the County for an agreement or similar mechanism that would assure the County's cooperation in requiring compliance with the Fee Recovery District. DDS: :m (.:~\JL -\Ul......\~UT.IIDII) Pee Recovery District 1993 Report Pag'e 6 <1- \3 APPENDIX A q -111 Fee Recovery District ... e.> - a: ...- !!: O. >-~ &:.. w~ >e 0> U I&I~ fEe ~ . 1&1 I.IJ LL G ~ .",. .N . . . ! - : I ! . !: . . . Q-'5 ----.- . ! .. .: c I to .J u. .. i 1.1 ti .: ii : I I I .. .. .: c I o . I- U - ~.~ InCz -. O-LtJ >~~ ~.LU &II~~ ~:QC U Q,. W~ ~ C:H . &II W iI.. I""~ .. .. .. I . . ! . . . ! I , 1\ I .. .. . . i c . H.. " I .J . l&J,tj ~ .. oJ . U . . j i u .~ i .. . . C It Ii! 0 ~ . . rnlo I , I q - H.p AJIIIII:NDIX . Fee Recovery District 9-\1 , TMt.E1-~0I'__~ tIT.. _1ft _ IIIDIIIK . _ I I II ':" _T - -- . ... ACIIII ACID _II!I I 624,064.09 o.a 0.00 GAYln 2 624-064'27 9.47 5.70 SMLL OIL III. 3 1Ii4-OIO-ZI 0.51 0.58 OM/II!I 4 624'060'. 13.99 4.00 PM:IPIC -.. 5 624,010-45 5.22 4.90 ~ II 644'040-01 9.73 9.55 tin Of CIIU VISTA 7 644-040-11 1.00 1.00 S"'._U . 644,040-13 31.24 1'.70 ."11I_11.1 9 644'040-14 10.00 0.00 ......, _nn 10 644-040-16 17.19 17.19 II 644-040,23 1.10 1.10 I&IP 12 644-040'24 3.62 3.62 om IM._ 13 644'040-27 0.00 8.00 HIYE 14 644-040'. 4.12 4.12 -'11/1. I.. CTI 15 644-040-" 5.6:1 5.62 . . . I' 644-040." '.31 6.31 - 17 ""060-16 5.'1 5.'1 . . . I' 644-041-17 4.03 4.03 CITY IIf CIIILA VIITA t. 644-...... a~ 8.00 IIIIiHT :10 .00" ')' 1- 644-*-40 1C1S.42 G_ ft_lM. ~ 21 644'040'46 0.94 0.94 . . . 22 644-040-47 a..,. 0.87 . . . 2! 644-041-48 1.46 1.46 , Z4 ",.0&0." 5.02 5.02 a*l. CD. B 644-041-" 1.87 1.117 . . . 26 ",.ou -02 0.97 0.97 . . . 27 644-041-115 1.57 1.57 . . . . 644-""1-" 4.99 0.00 . . . :III "'-061-CIS 2.39 2.39 . . . . "'.~ -06 1.89 I.. . . . 31 ""06'-07 1." 1." . . . 31 644-061-01 2.1' 2.1' . . . 51 ",.",,. 1.10 '.10 11-1 '8 , ..--..--- , TAIL! , DrAY ~ --__ - ...... I & II ':' _'T :: ~ . AI'II "'UIIG CO. 34 644'04'-'0 '.05 '.05 . . . 35 644'041-1' 0.\10 0.\10 , . . . 56 644.041-1Z 0.91 0.91 . . . SI 644-04"U Z.39 2.D . . . . 644-041-14 '.\10 '.\10. . . . 39 644-04'-'7 Z.. Z.. . . . 40 644-04'-'1 Z.'6 ..,; Z.'6 o. . . . 41 644-041-19 3.94 3.94 H. G. ~ 'ill) 644-050-02 19.05 0.00 "1T1ft lIS nI,' 644-050-06 ".05 0.00 _LTO. 44(') 644'050-07 29.54 0.00 T~IM -" 644.....,-. 11.00 0.011 . . . OAt" 644-050-09 'Z.. 11.00 MLLAIII 47 644-'11-0' '.54 ',34 - 41 644-'1' '02 '.37 , .J7 - 49 644"1"03 '.41 '.41 IIQ)TT 5CI 644'11'004 Z.24 Z.24 CITY Of CRA VIITA 5\ 644"1' -07 0.00 0.00 ClUI! 52 644-111-01 Z.. Z.. D 644-11"09 '.51 ',D ....,IIIULA .0 54 644-'11-10 4.22 4.22 F_ 55 &44"1'-1\ '.66 '.66 IOIUL " &44-11'-15 5.'9 . 5.19 - 57 644-11'-'6 '.46 '.46 CA ""AL _'IG 51 644-'1'-11 '.35 '.35 -Z 59 644-'11-19 '.67 '.67 lIRA 60 644-'1'-20 '.30 '.30 CoWE' 61 644-11'-" '.39 '.39 MllTlM ... &44"11-22 '.41 '.41 - 63 644,111-2] '.95 '.95 _IVlC 64 644-'1'-24 0.45 - 0.45 .,VIe ... 644-'1' -25 0.46 0.46 ~W1.'n" 644-'IHI6 0.. 0.. : .......0 .---w. .,. q-\q TAIlE I OfAY VAUlY _lifliDl. - _ I & II ":" ~'T - A:", . - ACIIII II/ami 67 644-181-27 0.67 0.67 u_ 61 644-181.. 0_67 0_67 - .. 644' 18HI' 1.12 1.12 TIJIII.E 7U 644,111-. 0.60 0.60 .".... 71 644-181'31 I_IS 1.05 aRIDIII n 644'112-01 5.15 5.t5 III-III n 644- 112.02 5.21 5.21 OfAY I" _ 74 644-112-113 5.19 5.19 CITY 0' CIIII..A VIITA 75 644-112-06 0.80 0.00 11:_ 76 644'112'07 6.51 6.51 II: 77 644-1a-. 5.17 5.17 II: CIIIIW:IC 71 644- 1az.a; 6.60 6.60 OfAY I" _ 79 644-1az'10 5.10 5.10 Of AT I" _ 10 644-112'" 4.Z4 4.Z4 OfAY I" _ IT 644-1az-12 3.74 3.74. JUSTUS az 644'1az'14 1.01 1.01 ~I~ IS 644-!G." 0.92 0.92 aIM VI" lAliTAIT' -.mCE 14 644-112'16 4.64 4.64 _11II1ID 1M' '.I--Y . 644-112-17 2.79 2.79 IIG&E 16 644-2]0- " I." 1.1a eGII 17 644-2]0-12 1.01 1.01 . . . 644'231-13 1.20 1.20 . . . 644-231-14 I." 1.19 . . 91 644-230-15 2.~ 2.~ . . 91 164'230'16 4.. 4.. . . 92 644-ao-17 4.. 4.. . . 9J 644.231.,. 3.05 3.1S . " ~ 644'231'" 4.57 4.57 . OfAY VALL8' I" PUIIT 95 644'230,20 1.62 1.62 . H 96 644-231-21 0.97 0_97 . . 97 644.ao-22 1.56 1.56 . . ,. 644'23O.lJ 560 5.60 . H 99 644-230-24 1.60 1.60 g-~o . 'AILE I YAl.1.IY _ WIIBiw . ,_ I I II 'IIePCIn _'T := ASIE_ - . '" ACIIIS IIIAT Y.w.aT I~IAI. 'IMT 100 _-230-25 1.a1 1.21 _T 101 _'230-26 1.61 1.61 IIIAY 110 MI.. _ 1112 645-1121 '01 1.24 1.2. 0 0 0 103 645-021 '02 2.. 2.. 0 . . 104 645-021-03 ..56 4.56 0 . 0 115 645-021 -04 0.17 0_81 0 . . 104 645-021 ,05 o.a o.a . 0 . to7 645'021-06 0_17 0.17 . . . loa 645-021-07 0.93 0.93 . . 0 109 645-021-01 1.13 1.13 . 0 . 110 645-112'-09 1.21 1.21 . . . III 645-021-10 0.911 0.911 . . 0 112 645-021-1' 0.93 0.93 0 0 0 113 645-022-01 2_17 2.17 . . 0 114 645-022,02 2.01 2.01 . . 0 115 645,022,03 2.00 2.00 . . . 116 645-022-04 2.05 2.05 . . . 117 645-022'15 2.19 2.19 . . . 118 645 '022-06 I.. 1.69 . 0 0 '" 645-022-81 1.311 1.39 . 0 0 laG 645-021-19 0.11 0.11 0 . . 121 645-021-20 0.14 o.n . 0 0 121 645-021-21 .0." 0." 0 0 . ''''' ....-021-21 1.09 1.09 0 . . '" 645-021-2] 0.95 0.95 0 0 0 125 645-021-24 o.a O.IIS . 0 0 0 126 645-021-25 0_111 o.a 0 0 0 127 645-021 -26 0.79 0.79 . . . I. 645-021-21 0.79 0.79 . . . 129 645-021-. 1.03 1.03 . 0 . 130 645'021 .29 0..1 0.81 . . . 131 645-021-30 0.76 0.76 . . . 132 645-021-11 0.76 0.76 9 -~, TNIIZ 1 OTAY YJU.I\' - liliiii1. . PIIAII I & II '__If .u.'T - 1"$l11lI CIIIIII . .,. ACIIU ACIIU OTAY RI" -1- _ 1:U 645-021 -12 4.116 4.06 . . . 134 645'02HIJ 1.1' 1.1' . . . 135 645-821'34 1.07 1.07 . . . 136 645-821-35 0.. 0.99 . . . . 117 645-821'36 1.14 1.14 . . . 131 645,821,37 1.82 1.02 . . . 1W 645.021-31 1.00 1.00 . . . 140 645'021'39 0.\111 0.\111 . . . 141 645-821-40 0.99 0.99 . . . 141 645'021-41 1.06 1.116 . . . I"" .....-821-42 0.19 0.19 . . . 144 645''''1-43 0.76 0.76 CI tv of '*"1.0 Vloto I" 645'021-44 0.21 0.00 . . . 146 645-Q2'I-45 0.. 0.00 . . . 147 ....-... 0.01 0.00 Ohv Rto _t_ ,.,.k 149 ..........01 113.95 .- . . . 149 645-1120'11 '.55 49.46' . . . 149 645-1120-12 11.21 .. I tIIlTlD I"" 644........06 5.952 TOTAl. J98.14 1 N.t a......ent for the three parcel. coablned Equivalent Acr_qe 2 g-d~ MAY VAL"'" _ :;:~ 1._ TO II_VAltA UNIT PIIICE PH NO. liD ITEII 4lWlTI " T'II'E UNIT TOTAL 1. Il1011 ho.'.. 1 LI lID 000.111 11111 000.00 2. Troff'" c.trol 1 LI ZO 000.01 ZG.ooo,DD 3. --;-~' DI_I of 1 LS Z3a,ooo.1II Z3a,DDD.DD lalot I 0 4. &1luvlol _I 131.000 CY 2.01 276 ooo;DD 5. _olon , .....,.. 90 DDO CY 5.01 450 000.00 6. M. 'ori.. 23 DDO T_ 25.01 515 DDO.OO 7. '" AC: ..... 340 LF 5.01 1 7OO.DD .. to ..... Z7 600 T_ ..01 220 aoo.OO 9. ......... 33 150 T_ 4.01 132 600,00 10. 4" I'CC "....It , Slob WOrk 49 500 Sf 2.111 99 ooo,DD 11. ~_ A ,_orl.. "- . Eo. 160.00 I 280.00 12. T_ I ~trl.. 0- 6 Eo. 160.011 960.00 13. '" I'CC D/W 3 100 IF 2.50 7.750.DD 14. '" X.....or , 0 2450 If 3.01 7 350.00 15. '" T_ .go C\IrD , lluttor .150 Lf 6.00 33 100.GO 16. "'_T_.-I....... 9145 LF 5.DO 49 225.00 17. '" I'CC Two 1-2 CUrb 4' LF 15.00 615.00 1.. 4' ,ee C-roto II.. work 31 m IF 3.00 94 575,00 19. _rotl.. Intorlockl... 400 IF 17.00 6 100.00 ZOo 11" _ CUrb .....l1li .'" ZOO LF 15.DD 3 000.00 21. _ cuto'", 650 Lf 1.00 650.00 22. 1. RCP PI_ 316 LF 40.00 " 440.00 23. . RCP PI.. 124 Lf 45.DD , 510.00 24. ~ RCP PlDO 160 LF 65.00 10 400.DD 25. ... RCP PI.. 4Z5 L' 10.00 34 OOO.DD 26. PIsIo '1.. 1 Eo. 315.00 315 .00 27. r- .-2" C I L07' 2 Eo. 2 ZOO.OO 4 400.DD 2.. r- .'2" CI L'" I Eo. 2 4DD.DD 2400.011 29. T_ .-1" C I Lall' I Eo. 2 6DII.00 2 6DII.GO 30. T_.'CI 1 Eo. 2 DDO.DO 2 000.00 31. conot. Lowor -.Ion T_ .-1 Inlet I Eo. I aoo.OO 1 100.00 32. conot. Lowor Soctlon T_ 1-2 Inlet I Eo. I aoo.OO I aoo.DD 33. T_ 'A-5' CO. I !<I. 1 700.00 1,700.00 q -a3 IIrAY VALLIY _ TAILf Z ,... I 1.105 10 MJIV_ !lilT PlICE PEl 110. lID I TIll -.rITY TYPE IIIIT TOTAL 14. r.-o~, T- of a-4 "". 4 h. 1 500.00 6.CIOD.00 3'5. -ell "'In 'I- I Eo. 750.00 1'50.00 36. ptDO Coli... Z h. 1 100.00 Z ZOO.IO 17. IIIocIwM I m 33 1 LS 5 500.00 5.500./10 :sa. ~ A Dbt. _tl 1 LS 7,300.00 7,300.00 A 7_.27. 39. CIne, Enerw DllOlpa~or 1 LS 1Z,8OO.00 IZ,8OO.00 $fA _1. 100. ~~~DIUI~tM 1 IS 3,450.00 3,450.00 41. Jr~IOP II/EnII' DllOtpatDr 1 LS 1,500.00 1,500.00 42. Z"11 IIp-tIap wIInor Dfuf~tor 1 LS 4,250.00 4,250.00 11-..zo 43. ~ ~IIP wIEner DflOlpa~or 1 LS 4,250.00 4,250.00 44. -I- I IS 1.00 1.00 45. 6' HIIIII Chain 11,* F_I.. 6 ClOD LF 10.00 60 CIOD.OO 46. =,,~o of h. a.oln LI,* 715 LF 10.00 7,150.00 ,Ino I Goto 47. I 6700 SF 10.00 67 CIOD.eo 48. - 11 Eo. 420.00 4 &20.00 '"'. _Ifl. Gote 1 Eo. 410.00 410.00 SO. silt It- '.1 LF 7.00 13.167.00 ST. ""..- At _01. 21 Eo. 410.00 a 610.00 52. IP IQ Wotor IIoln Z 205 LF 23.00 50 715.00 53. 11'0 x 1Z" Wot T- Z Eo. Z 700.00 5.400.00 54. 12" x 120 r_ _10 1 h. 4 700.00 4 700.00 55. 1~._ II Eo. 1 """.00 13 ZOO.DO 56. I. x 120 10001 10 Eo. 660 .00 6.600.00 57. TIIruot I I oct 6 Eo. Z70.OO I .620.00 51. IP x 1Z" x 12" roo I Ea. 1 700.00 I 700.00 59. IlInd FI- 12" I h. 310.00 310.00 60. I" AvrtW Off 1P IIoln 2 h. I 450.00 2.900.00 61. 120' x 1ZO crooo Z Ea. 1 550.00 3 100.00 &2. 1ZO 90 Doll. I. t Eo. 510.00 510.00 C1-a~ OTAY VAI.\.IY ..- YULE 2 -, '-105 TO .'IY_ UIIIT Pilei I'EI NO. lID I TIll QUANT'TY TYPE IIIIT TOTAL 63. laI0C8t. D 2" SO 2 LI I 22D.00 2 4DD.00 64. PlY Ywl t 1 LI 5.100.00 5 toO.OII 65 Inot.1I .. PlY V..lt I LS za. 500.00 21 5OO.OD 66. furnlllh __ ,..t.1l CCntroll.r I Eo. 5 DOG.IO 5 000.00 67. "'"'I" .... l..tIIll _ ......tlll , Eo. '~a50.00 2 150.10 68. "- A-I II-I I~ 2 h. 410.00 azo.OO 69. T_ 29-5-5-70 11..1 I E.. 4 300.10 4 5OD.00 70. T_ 16'5-70 11...1 I E.. 3 7DO.00 3 7DO.00 71. T- 19-3-70 11_1 I E.. 3 300.00 3 300.00 72. ftPl 9 Eo. 110.00 990./10 73. S-L... Yohl.l. I""'..t.... ""'2" 12 Eo. 410.00 4 m.oo 74. Pool ''''''cotlan 4 Eo. 460.00 I 140.00 75. litre tnt.rooctlan I LI 3 6OD.00 3 600.00 76. Fwml." ... ,..t.1l C_It 650 LF 13./10 I 450.00 77. 2!10 IIoU W.tv LI.mt 3 Eo. 360.00 , 080.00 78. r- 00" Detector 6 Eo. 310.00 I 160.00 79. two ." _..tor Looc 21 Eo. 260.00 7 110.00 10. 111_'" Stroot _ Ilan 3 E.. 460 .00 1.360.00 ". lllltor Tlaht T.I_ T.".,..I I Ea. I 300.00 , 300.00 12. IP.5 end ... II... I LI 300.00 300.00 10. U' Itroot LI""t wl2!lll IIOtt 20 el. I 225.00 24 500.00 14. 101_. Ex. Stroot L'.mt I EI. 610.00 610.DO 15. two 29-5-1'0 1'_1 STA 10 Eo. 3 650.00 36 650.00 16. "- 24-4-1'0 It..1 ITA I !o. 3 050.00 3 050.00 17. -PI 24 EI. 140.00 3 360.00 811. 115 PI ZI , Eo. 110.00 3 010.00 SP. a 112 PI 43 EI. 75.00 3225.00. 90. _I. 1!8 PVC co 6.000 LF 2.50 15 DOG.DO 91. IoIo..t 40 PYC Co 7500 LF 5.00 22 500.00 91. I..tln cancIuotor , LI 12 500.DO 12 500.DO 95. _-2Gb , LI 150 000.00 150 000.00 94. PM: s.n I LI 47 000.00 47.000.00 95. c-tfan of 1&. IIItlr 17 Eo. 410.00 6 970.00 q-d.5 TAlI.! 2 DTAT VALLEY ICMD ,_ I 1.105 TO NJRYMA !JIlT PRICE PEl 110. RID ITIII IlllAllTITY TYPE !JIlT TOTAL 96. - 2 Ea. 300 .110 600.00 'iT. _tructl", _ I LS 51 000.00 51 000.00 PI. ...h.ment of UtilIty Cow.. I LI 6 BOO.OO 6.IlOO.00 99. _ian Cantrol I LJ 30 000.110 30 000.00 100. "_I... I LI 1110 000.00 leo OOO.DO 101. l1li1..- 12 _th I 500.00 1a 000.00 102. 1..laot!on ....t_ I LS 220.000.00 220 000.00 103. 'rotactlon & Raat of Ex. I LS 31,000.00 31,000.00 104. I. Q._nt. .t I..t I!nd of I LS 110,000.00 110,000.00 I'ro;act lOS. _. Lateral at Anl.l Sha.1 tar 1 LI 6 100.00 6 100,110 106. - "- Itattan I LI 12 200.00 12 200.110 107. IIIII_tlOII of AnI.1 ..l tar I LI 200 000.00 200 000.00 100. 1....._ coat of lletln I LS 110,000.00 180,000.00 IIltfoetlon 119. -tl- ta I LI , 600.110 , 600,00 liD. _'Dw end II_ I LI 41 000.00 41 000.00 III. -t 30 000 CY 1.30 45 000.00 112. 4 Inc:II _rol.. I 000 LF 1.50 1 300.110 113. _.....,e fo. Fill & AllIN". 1,000 IT 2.00 2.000.00 -- ~IRl" 4 3to._.00 .,- 5" ..... 00 21M "-t 3210 .....00 TNffte "...1 at 1-105 _ 300.00 AnI.1 Shelte. (.,07) to (200,000.00) '""Iclantala 1Mt:d':t:~tlptIC1ft (1100) to (180,000.00) 1""1 II ~ot.l 5,060,954.00 -'1_ . 101 ",. ,.....40 =~= (vfttl 201 1,119.920.00 Total Ph_ I '6."',039.40 q-d.L. OfAY LIY _ I': l1li, 10 - - .._ Dlo~'.t 1 tI... ...t..., ala teat! tl",c:.ata t FI_lal YMUZ Y t I I I II . IS4 "'.00 50 OOO.DO 55 000.00 30 546.00 ZOO 000.00 eo 000. DO 210 OIIO.DO 350 OOO.DO , 5OO.DO 534 160.00 Z5 500.00 o 90 500.00 o o o Z 538 m.oo o o o , 2, ,..00 q-d.l . ,~ .", rAIU ] I c-fl rIIOd ~I... I' T rl (428 000.00) (4 4", 691.00) TAl\.! 4 IlliiiiitT Of _TS .... I , 694.o:Jf.OO _2 2 IIU 280.00 _Gtal 9 '" 319.00 IIIcI_al 2.531 1123.00 ~"'I 12 CI55 142.00 AoIIIlnlat_fcat 25 000.00 12 OlIO 142.00 L.a tltv -1I1Ut1"" <4 4V7 MIS.OO> total 7.112.449 00 q -d. ~. COUNCIL AGENDA STATEMENT Item / tJ Meeting Date 9/28/93 ITEM TITLE: 11. Resolution /7)'/'.2. Overruling and denying protests and making certain findings in Assessment District No. 92-02 (Autopark) {j Resolution I 7 ~" > Confirming the Assessment, ordering the improvements made, together with appurtenances, and approving the Engineer's "Report" in Assessment District No. 92-02 (Auto park) Director of Public Work~ r;tJ/ City Manager 1: (4/5ths Vote: Yes_No...KJ J SUBMITTED BY: REVIEWED BY: On March 23, 1993, Council adopted the resolution of intention to order the acquisition and financing of certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act of 1913. Later, on May 4, 1993, Council adopted Resolution No. 17102 giving preliminary approval to the Engineer's Report for Assessment District No. 92-02 (Autopark) and setting the public hearings. The two public hearings were held on June 8 and 22, 1993. The acquisition agreements were approved by Council on August 24, 1993 by Resolution No. 17232. Tonight's action will continue the legislative proceedings of the Autopark Assessment District. RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Description of Work The public improvements proposed to be financed through the Assessment District No. 92-2 include pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer mains, sewer pump station, storm drain system, water system, and miscellaneous appurtenant structures (see Exhibit A). The acquisition of right-of-way for Otay Valley Road widening and Brandywine Avenue and Auto Park Drive construction within the proposed district is also included. Construction of the Assessment District improvements is projected to be completed by the end of 1993. The developer will front the funds required for construction. Once the improvements are completed and accepted by the City, they will be purchased using bond sale proceeds. The bond sale is proposed to take effect by early December 1993. The total amount proposed to be assessed to the parcels in the assessment district is $1,985,683. This includes construction, engineering design, inspection and administration costs, and other incidental costs. Also included is the acquisition of the underlying Otay Valley Road Assessment ($365,939) to eliminate the overlapping of liens for the proposed Autopark district. Table 1 shows a detailed cost estimate. /tJ'! Page 2, Item ~ Meeting Date 9/28/93 The proposed assessments (see table below) comply with the City policy of 3:1 value to lien minimum ratio. An appraisal by the Kibbey and Samppala Group dated April 15, 1993, estimates a value of $9.00 per square foot for the land to be included in the district. In a letter dated August 24, 1993, the appraiser states that the land value of $9.00 per square foot still reflects the current market value of land used for auto dealer activities. Net Area Value to Parcel (Acres) Land Value Assessment Lien Ratio I 2.543 $996,958 $332,319 3:1 2 8.299 3,253,540 1,084,514 3:1 3 4.353 1,706,550 568,850 3:1 TOTAL 15.195 $5,957,048 $1,985,683 Resolutions The public hearing was closed on June 22, 1993, with no protest officially filed at that time, However, the formal action by Council denying any and all protests is a necessary step before proceeding with the confirmation of the assessments. Through the approval of the proposed resolutions, the following will generally be accomplished: The "RESOLUTION DENYING PROTESTS AND MAKING FINDINGS" is the formal action denying any and all protests and making certain findings regarding the benefit distribution of the assessments. "RESOLUTION CONFIRMING THE ASSESSMENTS." This resolution approves the Final Engineer's Report, order (he improvements made, and confirms and levies the assessments contained therein. Future Actions Future actions shall include: 1. Authorizing issuance of bonds (early November 1993). 2. Approving the bond indenture, preliminary official statement and bond purchase contract (early November 1993). 3. Bond sale (early December 1993). FISCAL IMPACT: None. The developer has already signed a Reimbursement Agreement with the City, in which he agrees to advance all City expenses related to the proposed assessment district formation. Attachment: Final Engineer's Report LdeT/AY-090 WPC F:\home>.engineer'agencta'otherautphl JtJ...~ TABLE 1 COST ESTIMATE ASSESSMENT DISTRICT NO. 92-2 CONSTRUCTION COST COST ESTIMATE Streets $602,254 Water 117,054 Sewer 150,704 Stonn Drain 170,586 Subtotal Construction Cost $1,040,598 Contingency (10%) 104,060 Total Construction Cost $1,144,658 INCIDENTAL EXPENSES 1. Right-of-Way Acquisition $738,230 2. Outstanding Lien (Otay Valley Road 365,939 Assessment District 90-2) 3. Surveying 23,000 4. Landscape Architect 8,100 5. Civil Engineering 79,200 6. Soils Engineering 35,000 7. Construction Administration 20,000 8. Public Agency (Project Management & 20,000 Assessment Engineering) 9. Bond Counsel 17,428 10. Appraiser 6,000 11. Pennit Fees Otay Water District 9,000 City of Chu1a Vista 22,000 12. Printing & Advertising 1,000 13. Bond Printing, Servicing & Registration 10,000 Total Incidentals $1,354,897 Developer Contribution (898,697) Subtotal Construction Expenses $1,600,858 COST OF ISSUANCE Capitalized Interest (6.38%) $126,687 Bond Discount (3%) 59,570 Reserve Fund (10%) 198,568 Subtotal Cost of Issuance $384,825 Balance to Assessment $1,985,683 LdeT/AY-090 WPC F:\home\engineer\agendaX'ltherautphl /p~J II \\ Exh\\::1I-r- ~ I: ASSESSMENT ~AGRAM ACQUISITION ASSESSMENT DISTRICT NQ 92-2 ~UTOPARKI '. FOR THE CITY OF CHULA VISTA CO\MY (;F SAN DIEGO, STATE (;F CALFORNIA HETIOFI IXIfTI" tOIl OTAY ".....,. 110&O. i I ,. GTAY VALLEY IIIOAD ... '7'0#/"._ las... ) CD . : ,;:1; :\' i . . : = . . . . i ! :11 :. : ._.-<i'_ . . . . . , . . . :: = :_ I (!) (!) ," ': . . . . . , 11 . LS-HH .....7'0... ~ -- N i 1 .....L HSCRIPTION ...cnl 1.1,..' ,...I'IWtCEL."IIO.I"~' "COlIN' ..,.,. OI"ICI Of" THI CoytllTY .!Ecott.. 01' TIC toutITY ....... OIPO. .,.aTl 01' C&L.WORMA, O. ""'lilT ... InL L 'LU.. T'" onrct f1I1 T" CUM f1I1 TIC crn,. .... ""'a TMIS an 01. ....1. - ~- .....fI'MIC "10&.' ,.... - - "'UII.""_ Clf'\' 01' CfM.A W'lITA .....n",""'....... .. IllCOMIIO" TIC "'1eI ,. TIC ~....., or ....,.. .. 'nil Ct1'Y ... C..... VllTA 1MI_"'''01 ,".. LI".O: ........,_.III"~ft CWTfIIOtULAVllTA _an .~ .. ... _......, W&I U:VGlIn '1M: CITY COUMCL ..,. em.. -u........ ,. ..,.... .. LMIO.... _ ,MIl........, .......... '''10 u....-r .. LIVID . TIC ....y W "". lAID ........., ....... &IIG nc ...-' MIl.&. _ .COIIIII:O""HI 0f'PIQ; 01 'IC -..t"TIMOI.'" ".m OI'tMtClT'r_" DIY fl/1 1"1. 1IIF11tIfICI._"" TOT.._IIMDrt.~.COIIDU. ,... OI"ICI OJ' 1MIIUIIIMI'U:-.r ", ITItUTI .. '"' IUCT MII_., ...... ......... ..... ~ UCII ....."...... ...... _,._ _...... ---- ..-,.-.. <D --- .......... ......--_. ---..-- ...-a._. --- ,,---....- anu_ OT... ,. OIIU ""'.. -'ATI .CAII__ '" ........ ...... ., ...... -- STATI ., caa..-_... .......T~_..._O'CLOCII NeI ... ..............,. ..-nncT.....-'I . ~."...., ~~",~._aurn..._.. CIiIUJff'f"COltDlIt , COUJITT........IUO nATI . CAU'...... ItJ.. 'I 1'.3 RESOLUTION NO. J 7.1. /,.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, by Resolution, declared its intention to order the installation of certain public works of improvement, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) (herein- after referred to as the "Assessment District"); and, WHEREAS, at the time set for said Public Hearing, all protests and objections, if any, were duly heard and considered, and all matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit and whether the assess- ments were apportioned in accordance to benefit were heard and considered. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public hearing on the Assessment District was closed on June 22, 1993. SECTION 3. That all protests and objections of every kind and nature be, if any, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half (1/2) of the area of property to be assessed for said improve- ments within said Assessment District. SECTION 4. That is hereby further determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assess- able costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 5. That the Engineer's method of spread and apportionment of all costs is hereby approved and adopted as being a correct and proper apportionment and distribution of all assessable costs for these works of improvement. John P. Lippitt Public Works Director Bruce M. Boogaard City Attorney Presented by /Lj'" I~/I-/ PASSED, APPROVED, and ADOPTED Chula Vista, California, this by the following vote: by the City council of the City of day of 1993, AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, do hereby certify that the foregoing Resolution No. passed, approved, and adopted by the City Council held on the of , 1993. California was duly day Executed this day of , 1993. Beverly A. Authelet, City Clerk RESOLUTION NO. 17)'t, J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously adopted its Resolution of Intention and initiated proceedings for the installation of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) (herein- after referred to as the "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided, was presented, considered and approved; and, WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of said "Municipal Improvement Act of 1913", including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly mailed in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the of the project did not file written protests improvements and acquisition where appropriate, did, after providing a full hearing, overrule objections; and, area assessed for the cost against the said proposed and this legislative body and deny all protests and WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now updated and submitted. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. JIJI3-/ PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further deter- mined that said protests and objections are made by the owners of less than one-half of the area of property to be assessed for said improvements within said Assessment District. BENEFITS RECEIVED SECTION 3. That it is hereby determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. That the public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the "Report 11 presented and considered, and as now submitted. ENGINEER'S "REPORT" SECTION 5. That the "Report" of the Engineer, as now submitted, updated and amended as appropriate, is hereby approved and said "Report" shall stand as the "Report II for all future proceedings for this Assessment District. CONFIRMATION OF ASSESSMENT SECTION 6. That the assessments, as now filed in the Engineer's "Report" and diagram for the improvements, together with appurtenances and appurtenant work in connect ion therewith, inc luding acquisition where appropriate, are hereby confirmed. The assessments contained in the final Engineer's "Report" are hereby levied and approved as follows: 1. The final assessments to represent the costs and expenses to finance the public works of improvement, as authorized for these proceedings. . 2. in an amount not to said "Report". The annual assessment to pay for administrative costs exceed the maximum annual assessment as set forth in IPfJ"''; RECORDATION OF ASSESSMENT SECTION 7. That the City Clerk shall forthwith deliver to the Superin- tendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that said Superintendent of streets shall then immediately record said diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. COUNTY RECORDER NOTICE SECTION 8. upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE SECTION 9. That upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at his last known address, as said address appears on the last equalized tax rolls of the County, said notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915". PUBLICATION SECTION 10. That notice shall also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. No publication shall be assessed property owners have timely filed a cash collection period. required if all (100%) of the properly executed waiver of the ASSESSMENT COLLECTION SECTION 11. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the state of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land af fected, in a space marked "public improvement assessment.. or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and IP8~J that said entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax collector and/or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. SECTION 12. In accordance with the provisions of section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the install- ment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the proper installment opposite the same. ASSESSMENT VERIFICATION STATEMENT SECTION 13. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made to the authoriza- tion of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS SECTION 14. The Treasurer is hereby authorized at this time, if not prev iously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUND, ticn, proceeds from the sale of bonds placed into the Improvement Fund. All monies received from cash collec- and applicable contributions shall be B. RESERVE FUND: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. REDEMPTION FUND, All monies received from the payment of assessments shall be placed in the Redemption Fund. . //}tJ-' For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. John P. Lippitt Public Works Director Bruce M. Boogaar~ city Attorney . Presented by (:'I"J /P8~ PASSED, APPROVED, and ADOPTED by the city Council of the City of Chula vista, California, this day of 1993, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, do hereby certify that the foregoing Resolution No. passed, approved, and adopted by the City Council held on the of , 1993. California was duly day Executed this _____ day of , 1993. Beverly A. Authe1et, City Clerk COUNCIL AGENDA STATEMENT Item / / ITEM TITLE: Meeting Date 9/28/93 Resolution /7J./,tj approving a sewer connection and annexation agreement with Calvary Chapel San Diego, at 4378 Lynndale Lane Director of Public Works ~ City Manage!11'- (4/5 Vote: Yes_ No X) , SUBMITTED BY: REVIEWED BY: In accordance with Council Policy 570-02, Calvary Chapel San Diego has executed the required agreement in order to connect its property (in the unincorporated area) to City sewer. The agreement is now ready for execution by the City. RECOMMENDATION: That Council adopt the subject resolution approving a sewer connection and annexation agreement with Calvary Chapel San Diego at 4378 Lynndale Lane. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Backg:round In 1984, Beth Torah Congregation submitted a request to connect property it then owned at 4378 Lynndale Lane (in the unincorporated area of the County) to the City's Rice Canyon trunk sewer, since the nearest County sewer would have to be extended approximately 9,200 feet. A sewer connection and annexation agreement was executed by Beth Torah and at its meeting on May 1, 1984, the Council approved that agreement with the adoption of Resolution No. 11610. However, the project was not completed and the sewer connection was never made. Since that time, the property has been acquired by Calvary Chapel San Diego. Calvary Chapel applied to the County for building permits and requested that the City of Chula Vista allow the connection of the property to the City's line. On June 2, 1992, the Council approved Policy No. 570-02 by adopting Resolution No. 16598 which allowed for connection to the City sewer by properties outside the City. Findings This department, with the assistance of the Planning Department and the City Attorney has developed a standard sewer connection/annexation agreement, which has been executed by Calvary Chapel. The agreement contains certain conditions, depending on the applicant's situation concerning its ability to annex the property in conformance with Council Policy No. 570-02. /1-1 Page 2, Item / / Meeting Date 9/28/93 In this case, the property is not contiguous to the City's boundary and, therefore, may not be readily annexed. Since the property may not annex immediately and must wait until such time as several other properties also annex, or a portion of I-80S, Section 2 of Policy 570-02 applies. That section includes the following requirements, which have been incorporated into the agreement: . At the time the City determines that the property may be annexed it may direct the applicant to submit a petition and application to LAFCO and the owner shall diligently prosecute the completion of annexation. . The applicant shall deposit with the City ("Delayed Annexation Deposit") in an amount equal to twice the current Sewer Capacity Fee at $2,220 per EDU ($4,440.00) and an amount of one-half of the total fees and deposits required by the City and by LAFCO for annexation and the processes leading up to annexation, including deposits for Initial Study and Pre-Zoning processes, totalling $4,500.00. . Except for the portion of the Delayed Annexation Deposit charged initially for the LAFCO filing fees, that deposit will be retained by the City for any purpose and shall be transferred into the General Fund to offset any administrative, overhead or other costs the City incurs as a result of providing municipal services outside the City and the loss of general fund revenues caused by the property being outside the City. . The applicant shall pay City's usual sewer connection fees related to the project (Administration Fee, Tap Fee, Sewer Capacity Fee, totalling $8,220.60). . The applicant shall not protest any current or future procedures to annex the property. Total fees and deposits of $17,160.60 were paid to the City by Calvary Chapel on September 10, 1993, along with the agreement signed by Pastor Bryan Newberry, with proper notarization. The agreement is now ready for Council approval. Staff recommends that Council adopt the subject resolution, authorizing the Mayor to sign it on behalf of the City. FISCAL IMPACT: A deposit of $6,940.00 has gone into the City's General Fund III accordance with the third condition stated above. JWH [F:\HOME\ENGINEER\AGENDA\CALVARY.SEW] ATTACHMENT: EXHIBIT "A" / /" .)... - / / ~ " , , /,.-~ / \ \ \ -?--- -- \ \ \ \ \ \ \ \ \ \. \ \ \ \ \ \ \ \ \ \ \ \ , \ --\ r , I \ I \ I \ I ' , 1---_.1 c"'\- , ' , \ , ' , \ \ ' , \ \ GLEN I I ,-----'\ I I \ I : \ I \ I I LYNWal Z> I I I I I _- 1--- L, \ \ r \ \ \ _.l-\"- \ \ \ \ \ \ ~ \ ----- \\ -", \ -:...... -, , EXH I BIT "/:\' Q ~ \ , '" \ I~ - ~~ ~ , DWN BY: DATE: \ \ \ \ \ ,A \ \, \ \ \ \ \ \ \ \ \ \ro~ \ \ \ . .....\ , . \ \ ,-' J I I I I I \ ;../ C _ I \-/ \ -- .- \ -- .// , - ,,-- , ,- 'DF \ \ \ !II -< (<) 1 l.--- FILE NO.Ly.086-IO 1/-:3!1 if RESOLUTION NO. 1,}.2~'I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SEWER CONNECTION AND ANNEXATION AGREEMENT WITH CALVARY CHAPEL SAN DIEGO AT 4378 LYNNDALE LANE WHEREAS, in accordance with Council Policy 570-02, Calvary Chapel San Diego has executed the required agreement in order to connect its property in the unincorporated area to the city sewer; and City. WHEREAS, the agreement is now ready for execution by the NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve an Agreement between the city of Chula vista and Calvary Chapel San Diego regarding Sewer Service and Annexation, a copy of which is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula Vista. John P. Lippitt, Director of Public Works Bruce M. Attorney Presented by / ty F:\home\attomey\calvary II-$" /1-6 Recording requested by and please return to: i Ii ~j Ii City Clerk Ii >~ City of Chula Vista I P.o. Box 1087 ~ ~;~*~~~~~:~:~~::~~~:~-::~:::~~~:2;:;~~;~:~~~~~J~~:~~x:~:::~w:::;:;x:t,:::;:;*~@'~>~~':"~w.&~.:!:~~;~~~:~~~:~::::;;:::::~~~~::::',%*;:;:::~~-::-;$:~':::~::,.:::~;:;:~:;:;*~:~:;:;:~: Assessors Parcel No's. 570-220-33-00 & 570-220-37-00 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CALVARY CHAPEL SAN DIEGO REGARDING SEWER SERVICE AND ANNEXATION This agreement is hereby made this day of , 19_, for the purposes of reference only, and effective as of the date last executed by the parties, between CALVARY CHAPEL SAN DIEGO hereinafter referred to as "Owner") and the City of Chula Vista (hereinafter referred to as "City"). City and Owner are sometimes hereinafter collectively referred to as the "Parties." RECITALS A. Property and Ownership. Owner is the owner of property commonly known as 4378 L YNNDALE LANE and identified by the San Diego County Tax Assessor as the tax assessor parcel number shown in the upper left hand corner of this page, the legal description of which is more fully set forth on Exhibit A ("Property") in the unincorporated territory adjacent or proximal to the City boundary in part of an area which could logically ahd reasonably be annexed to the City. B. Request for Connection to Sewer System. Owner has submitted a request to the City Engineer for permission to connect to City's sewer system. A copy of the plans and specifications and accompanying maps designating the connection ("Proposed Connection") has been submitted to City's City Engineer. C. No Duty to Serve. Owner acknowledges that City is under no duty to serve the Owner's property with sewer service because it is outside the jurisdictional responsibility of City. I I D. Willingness to Serve on Conditions. City is willing to serve Owner's property with sewer service on the condition that a concerted good faith effort is made to annex the Property to the City at such time as City directs, pursuant to City's Council Policy No. 570-02, adopted June 2, 1992. E. Policy No. 570-02 has been read and understood by Owner. Page 1 7 II' COVENANTS NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: D This box is to be initialed by the parties if Section A, Annexation Agreement applies. If it is initialed, Owner and City will be bound by the provisions of Section A and Section C; and if the annexation attempt fails, by Section B and Section C. If it is not initialed, the parties will be bound by the provisions of Section Band C without being bound by the provisions of Section A. Section A. I. First Annex Agreement under Section I of Policy. 1.1 Annexation Petition and Application. Owner agrees to forthwith file the formal petition for annexation of the Property to the City ("Petition for Annexation" or "Petition") and an application for annexation ("Application for Annexation" or "Application") of the Property to City with the LAFCO, a copies of which are attached hereto as Exhibit B and Exhibit C, and the originals of which is on file with LAFCO. Owner agrees to diligently and in good faith prosecute both Petition and Application to completion with the goal of obtaining the annexation of the Property to the City. 1.2 Application for Prezoning. Owner understands that as a condition to annexation, Owner must apply to the City to have the Property pre-zoned ("Application for Prezone"), a discretionary act which will require a certain amount of environmental review. Owner agrees to forthwith file a formal application for prezoning with the City ("Prezone Application"), complete an application for an initial study, and comply with all other rules and regulations of the City. Owner agrees to diligently and in good faith prosecute the Application for Prezone to completion with the goal of prezoning the Property. 1.3 Immediate Effort Deposit Owner agrees to pay Six Thousand Six Hundred Sixty dollars, United States currency, ($6,660.00) to City as a deposit to secure Owner's performance in good faith and with best efforts under this agreement ("Immediate Effort Deposit"). Such deposit will be held by City until after annexation is complete. After annexation is completed, the City shall refund such Immediate Effort Deposit with such interest as the City Finance Director determines as the average interest earnings of similarly situated City funds during the relevant time period. If the annexation effort fails, the Immediate Effort Deposit shall be handled under the provision of Section 1.5 ("Failure of Annexation Petition and/or Application"). Page 2 tY" //-6 1.4 Authority to Connect. Owner may proceed with construction necessary to implement the Proposed Connection upon the filing of the Petition, Application, and Prezone Application and payment of fees and Immediate Effort Deposit required by this Subsection, and the aforementioned provisions of this Agreement. 1.4.1 Owner agrees to construct the Proposed Connection to City's sewer system in conformance with all applicable Federal, State, County, and City laws and regulations, including, without limitation, building and health and safety codes. 1.4.2 No construction of the Proposed Connection and related improvements shall be undertaken without the written approval of the City's City Engineer and a plumbing permit from the agency in whose jurisdction the Property is located, and a permit from the Agency owning the right-of-way in which the sewer main in located. 1.4.3 No sewer service shall be provided to any property beyond the City's boundary until written approval of that specific service has been received by the City's City Engineer from the City of San Diego pursuant to the terms of the Sewage Disposal Agreement of 1960. 1.5 Failure of Annexation Petition and/or Application. In the event annexation is not approved, unreasonably delayed by the Owner, or otherwise fails, (a) the Immediate Effort Deposit, and all interest earned thereon, will be retained by the City for any purpose whatsoever, and shall be transferred into the City's general fund to offset any administrative, overhead, or other costs the City incurs as a result of providing the municipal service outside the City's boundary and the loss of general fund revenues to the City caused by the property being outside the City boundaries; (b) the Parties shall be bound by each and every provision of Section B; and, (c) if the City determines that the annexation failed or was unreasonably delayed because the Owners failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to the CitY's sewer system permitted or authorized by this Agreement may be disconnected at the sole option of City and upon reasonable notice to the Owners to provide for alternate sewer service. Page 3 //-1 This Section B and the following Section C will apply if either the box at the beginning of Section A is not initialed, or it has been initialed and the annexation attempt required under Section A has failed. In such case, the parties will be bound by the provisions of Section Band C. Section B. This Section B applies if, for either of two reasons, the Property has not been annexed to the City's territory: (1) either the annexation effort required by Section A failed despite the City's initial opinion that it was feasible, or (2) an annexation effort was not initially required, but due to subsequent development, the City believes that an annexation effort has become feasible and appropriate. Section B permits immediate connection to our City sewer system, but obligates the Owner to try to achieve annexation at such time, and from time to time, as the City deems the annexation will be feasible. 2. Annexation and Disconnect Agreement. 2. I Delayed Annexation Deposit. Upon execution, Owner agrees to pay City Eight Thousand Nine Hundred Forty dollars, United States currency, ($8,940.00), representing twice the current sewer capacity charge, plus one-half of fees charged for annexation by LAFCO, the State Board of Equalization and the City of Chula Vista, in accordance with Section 2 of Policy 570-02, as a deposit to secure his performance under this agreement ("Delayed Annexation Deposit") and will be disposed of in the manner herein in this Section B provided. 2.2 Authority to Connect. Construction to implement the Proposed Connection may proceed upon execution of this agreement by the City and receipt of Delayed Annexation Deposit by the City according to the provisions of this Agreement. 2.2.1 Owner agrees to construct the Proposed Connection to City's sewer system in conformance with all applicable Federal, State, County, and City laws' and regulations, including, without limitation, building and health and safety codes. 2.2.2 No construction of the Proposed Connection and related improvements shall be undertaken without the written approval of the City's City Engineer and a plumbing permit from the agency in whose jurisdction the Property is located, and a permit from the Agency owning the right-of-way in which the sewer main in located. Page 4 11-/(/ 2.2.3 No sewer service shall be provided to any property beyond the City's boundary until written approval of that specific service has been received by the City's City Engineer from the City of San Diego pursuant to the terms of the Sewage Disposal Agreement of 1960. 2.3 Annexation Petition and Application. At such time as the City determines that annexation of the Property is logical and likely to succeed, City shall so notify Owner, and upon such notification, Owner, including his successors and assigns, agrees, as a covenant running with the land, to forthwith file a formal petition for annexation ("Petition") and an annexation application ("Application") with LAFCO for the annexation of the Property to the City at such time as the City shall direct. Upon such notification, Owner agrees to diligently and in good faith prosecute both Petition and Application to completion with the goal of obtaining the annexation of the Property to the City. 2.3.1 LAFCO Filing Fees; Application of Portion of Delayed Annexation Deposit. Owner shall be responsible, at his sole cost, for all LAFCO filing fees; however, City agrees to use and apply that portion of the Deferred Annexation Deposit charged initially for the LAFCO filing fees for the Petition and Application towards Owners charges for LAFCO filing fees. 2.4 Application for Prezoning. Owner understands that as a condition to annexation, Owner must apply to the City to have the Property pre-zoned ("Application for Prezone"), a discretionary act which will require a certain amount of environmental review. At such time as the City may require the filing of an Application and Petition, Owner agrees to file a formal application for prezoning with the City ("Prezone Application"), complete an application for an initial study, and comply with all other rules and regulations of the City. Owner agrees to diligently and in good faith prosecute the Application for Prezone to completion with the goal of prezoning the Property. 2.4.1 City Filing Fees; Application of Portion of Deferred Annexation Deposit. Owner shall be responsible, at his sole cost, for all City imposed fees; however, City agrees to use and apply that portion of the Deferred Annexation Deposit charged initially for such City fees towards Owners payment of such charges. Page 5 /1-/1 2.5 Disconnection. Any connection to the City's sewer system permitted or authorized by this Agreement may be disconnected at the sole option of City in the event that the Property is not annexed to the City as a result of the annexation procedure herein provided, and the City determines that the Owners failed to exercise good faith to cause or assist in permitting the annexation to occur. 2.6 City Use of Funds Except for that portion of the Delayed Annexation Deposit charged initially for the LAFCO filing fees for the the Petition and Application towards Owners charges for LAFCO filing fees, the Delayed Annexation Deposit will be retained by the City for any purpose whatsoever, and shall be transferred into the City's general fund to offset any administrative, overhead, or other costs the City incurs as a result of providing the municipal service outside the City's boundary and the loss of general fund revenues to the City caused by the property being outside the City boundaries; Section C. General Provisions 3. General Provisions Applicable with Either Section A or B, or both. The following provisions are considered general in nature and are equally applicable regardless of whether Section A applies in the first instance, or whether Section B applies in the first instance. 3.1 Agreement and Covenants Run with the Land. The burden of the covenants herein contained to be performed by the Owners are for the benefit of interests in land owned by the City including interests in sewer easements and public rights of way that are adjacent and proximal to the Property. The burden of such covenants touch and concern the Property. It is the intent of the parties, and the parties hereby agree, that these covenants shall be binding upon both the current Property Owners, and upon all successors, heir, transferees and assigns of the Property Owners, and run with the ownership of the land which it burdens. 3.2 Remedy Among such other remedies as are available to the Parties, this Agreement shall be specifically enforceable by the Parties. 3.3 Construction of Sewer Connection. At such time as construction of the Proposed Connection is permitted to proceed under the terms of this agreement, the following applies: Page 6 //-/;2. 3.3.1 Owner agrees to construct the Proposed Connection to City's sewer system in conformance with all applicable Federal, State, County, and City laws and regulations, including, without limitation, building and health and safety codes. 3.3.2 No construction of the Proposed Connection and related improvements shall be undertaken without the written approval of the City's City Engineer and a plumbing permit from the agency in whose jurisdiction the Property is located, and a permit from the Agency owning the right-of-way in which the sewer main in located. 3.3.3 No sewer service shall be provided to any property beyond the City's boundary until written approval of that specific service has been received by the City's City Engineer from the City of San Diego pursuant to the terms of the Sewage Disposal Agreement of 1960. 3.4 Payment of Costs. 3.4.1 Owner agrees to pay all costs associated with complying with any or all Federal, State, County, or City laws and regulations, including, without limitation, the cost of obtaining any permits and certificates. Owner further agrees to pay any and all fines imposed by any governmental entity for any reason. 3.4.2 Any and all costs associated with the construction and attachment to City's sewer system for the Proposed Connection and related construction and/or improvements shall be borne solely by Owner. 3.4.3 Any connection to the City's sewer system may be disconnected at the sole option of City. If a connection is disconnected for any reason, Owner agrees to pay the full cost for such disconnection and to bear the full cost of any damages and injuries resulting from such disconnection. 3.5 Payment of Charges. At and during such time that the Property is connected to the City's sewer system, Owner agrees to pay any and all current and future charges related to the connection to City's sewer system including, without limitation, a sewer capacity fee of $2,220.00, in addition to any non-capacity charges which may be imposed. 3.6 Dedication. Owner agrees to dedicate to the City a sewer easement to the extent that the Proposed Connection requires extending the sewer main onto Owners Property. Page 7 / ~ J -I,.j 3.7 Future Connections and Annexations. 3.7.1 Owner agrees not to oppose, or file a written or oral protest petition, or otherwise protest any existing or future connections into the sewer lateral or the City's sewer system for any other adjacent property. 3.7.2 Owner agrees not to oppose, or file a written or oral protest petition, or otherwise protest any current or future procedures to annex their property or any other adjacent property at the Conducting Authority level of annexation proceedings. Nothing herein shall affect the right of the Owner to vote in any annexation election that may be called. 3.8 Indemnity. Owner indemnifies and holds harmless City from any and all liability, claims, costs (including reasonable attorneys' fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. 3.9 Future Sewer Service Upon connection to the City's sanitary sewer system, Owner agrees to accept service from City subject to any appropriate ongoing City sewer service charges and/or sewage pumping charges. 3. 10 Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. 3.11 Attorneys' Fees. If either Party commences an action against the other Party arlsmg out of or in connection with this Agreement, the prevailing Party shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs of suit, and if the City is awarded such attorneys' fees and costs, such award shall constitute a lien upon the Property. 3.12 Authority. City and Owner represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. Page 8 /1,/1 3.13 Best Efforts And Cooperation. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. 3.14 Binding Effect Of Agreement. It is the intent of the Parties that this Agreement, in addtion to constituting a binding agreement "running with the land" shall be binding on and inure to the benefit of the respective Parties and their respective heirs, legal representatives, successors, and assigns. A copy of this Agreement shall be recorded in the office of the County Recorder upon execution. 3.15 Captions And Headings. The captions and headings in this Agreement are solely for purposes of convenience, are not part of this Agreement, and may not be used to interpret this Agreement. 3.16 Construction. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine, feminine or neuter gender shall include the others whenever the context so indicates. 3.17 Entire Agreement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. . 3.18 Exhibits. All exhibits to which reference is made are deemed incorporated in this Agreement, whether or not actually attached. 3.19 Further Assurances. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement. Page 9 / I/~/.? 3.20 Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. 3.21 Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 3.22 No Strict Construction. This Agreement shall not be strictly construed against any party hereto. 3.23 Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. Dated: City of Chula Vista City Engineer 276 Fourth Ave. Chula Vista, CA 91910 Dated: c; )/ C' );'3 : / . Calvary Chapel San Diego P.O. Box 390395 San Diego, CA 92149-0395 3.23.1 Sole Agreement. This Agreement contains the sole and entire agreement between the Parties and can be modified or amended only in writing. This Agreement supersedes and takes the place of all other agreements, oral or written, between the Parties, and neither Party is relying upon any representations or promises not expressly contained herein. Page 10 II-//' 3.23.2 Waivers. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. (End of page. Next is signature page.) Page 11 )1- J 7 CITY OF CHULA VISTA DATED: BY: Its: Mayor PROPERTY OWNER(S) DATED: ~//j? /7 :> ~~ ~~) C7 DATED: City At orney (Attach notary ackno AW~oo k Ii ., NOTES: a. Each owner as reflected on the preliminary title report must sign. b. Permittee is to submit a check or money order payable to County of San Diego in the amount of $47.00 for recordation of this agreement. c. Exhibits are as follows: Exhibit A is the legal description. NOT SCANNED Exhibit B is the formal petition for annexation to be filed with the City. Exhibit C is the annexation application for the annexation of the Property to NOT SCANNED the City with LAFCO. This agreement is recorded with only Exhibit A, the legal description, attached. The full agreement with all exhibits is on file in the office of the City Clerk of the City of Chula Vista, County of San Diego, California. Page 12 1/'/8' > ~ E o " . E -- o ~ .~ E " ii " STAlE OF CALI~NIA "- COUNTY OF . 1--- Y, 1..J i t"PJ r. O~I"-k,~-\0.IC{i~ before me, personally appeared b \~JC( II } Iss. I )1,- 'Y'l.V'\ <SON 0c L~'\Y~-'''-I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)~e subscribed to the within instrument and acknowledged to me that~she/they executed the same in@/her/theirauthorized capacity(ies), and that bY@S/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the ~ . o . ~ person(s) acted, executed the instrument. @-"OfFICIAl5eAl SUSAN Soro . · . NOTARYPUSlCCALFORNIA " My~~f'EGOCOUNTY .. . . MAA'm:rtEXPIRES . 995 (This area r ~ WITNESS my hand and official seal. ~ Signafure \~.l '")< ,- \k '-' o o o " /1'11 LEGAL DESCRIPTION OF PROPERTY OWNED BY CALVARY CHAPEL OF SAN DIEGO PARCEL 1: That portion of the east half of the southwest quarter of the southwest quarter of Quarter Section 98 of Rancho de la Nacion in the County of San Diego, State of California, according to Map thereof No. 166, made by George Morrill and filed in the office of the County Recorder of San Diego County, May 11, 1869, more particularly described as follows: Beginning at the northwest corner of said east half of the southwest quarter of the southwest quarter of Quarter Section 98; thence easterly along the northerly line thereof to the intersection of a line that is parallel with and 110.00 feet easterly of the westerly line of said east half; then.ce southerly along said parallel line to the intersection of a line that is parallel with and 132.00 feet southerly of the northerly line of said east half; thence easterly along said parallel line to the easterly line of said east half; thence southerly along said easterly line to the intersection of a line that is parallel with and 376.00 feet southerly of the northerly line of said east half; thence westerly along said parallel line to the intersection of a line that is parallel with and 165.00 feet westerly of said easterly line of said east half; thence southerly along said parallel line to the intersection of the southerly line of said east half; thence westerly along said southerly line to the intersection of a line that is parallel with and 190.00 feet easterly of the easterly line of said east half; thence northerly along said parallel line to the intersection of a line that is parallel with and 328.50 feet southerly of the northerly line of said east half; thence westerly along said parallel line to an intersection with the westerly line of said east half; thence northerly along said westerly line of to the point of beginning. EXCEPTING THEREFROM those portions described in Exceptions Parcels 1 and 2 described as follows: EXCEPTION PARCEL 1: Commencing at the southwest corner of the southwest quarter of said Section 98; thence along the southerly line of said Quarter Section 98, N 720 14' 38" E, 328.51 feet; thence N 170 35' 29" W, 331.38 feet to an angle point in the boundary of the land conveyed to San Diego Gas and Electric Company, a corporation, by deed recorded September 21, 1967, as File No. 144224 of Official Records of said San Diego County, said point being the TRUE POINT OF BEGINNING; thence along the boundary line of said San Diego Gas and Electric Company's land, N 720 12' 44" E, 103.64 feet; thence leaving said boundary line N 230 59' 51" W, 314.60 feet; thence EXHIBIT "~I //-.2.0 N Oso 46' 1S" W, 15.95 feet to the northerly boundary line of said San Diego Gas and Electric Company land; thence along the boundary lines thereof S 720 12' 44" W, 70.9S feet and S 170 35' 29" E, 32S.51 feet to the TRUE POINT OF BEGINNING. EXCEPTION PARCEL 2: Beginning at a point on the southerly line of said Quarter Section 9S, said point being an angle point in the boundary line of the land conveyed to San Diego Gas and Electric Company, a corporation, by deed recorded September 21, 1967, as File No. 144224 of Official Records of said San Diego County and is distant thereon N 720 14' 3S" E, 467.09 feet from the southwest corner of said Quarter Section 9S; thence N 170 32' 3S" W, along the boundary line of said land 20.00 feet; thence leaving said boundary line N 720 14' 3S" E, 25.00 feet to the easterly boundary line of said San Diego Gas and Electric Company land; thence along said boundary line S 170 32' 3S" E, 20.00 feet; thence S 720 14' 3S" W, 25.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: Beginning at the northeast corner of the parcel of land conveyed to the State of California by deed recorded July 2, 1969, as File No. 119441 of Official Records of San Diego County; thence S 720 12' 44" W, along the northerly line of said parcel of land, 35.21 feet to the southeast corner of Parcel 1 conveyed to the State of California by deed recorded October 22, 1971, as File No. 244351 of Official Records of said County; thence along the easterly line thereof, N 230 59' 51" W, 314.60 feet and N Oso 46' 1S" W, 15.95 feet to the northeast corner of said Parcel 1; thence S 720 12' 44" W, along the northerly line thereof, 54.53 feet; thence S 24002' 39" E, 643.77 feet; thence N 720 14' 3S" E, 49.79 feet to the easterly line of said parcel of land conveyed to the State by deed recorded July 2, 1969; thence N 170 32' 3S" W, along said easterly line, 311.46 feet to the point of beginning. (END OF LEGAL DESCRIPTION) /1',;)/ COUNCIL AGENDA STATEMENT ITEM I~ MEETING DATE 9/28/93 ITEM TITLE: Report on the application for grant funds from the Federal Department of Education, Library Services and Construction Act (LSCA) for the purchase of specific library reference resources as a Major Urban Resource Library Library Director V~ City Manager K (4/5ths Vote: Yes___No-X) v SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council approve and ratify the application BOARD/COMMISSION RECOMMENDATION: On September 22, 1993 the Library Board of this grant application. The Trustees have MURL grant applications since FY 1991-92 support is expected. Trustees will review supported prior year and their continued DISCUSSION The Chula vista Public Library has been designated a Major Urban Resource Library (a City agency serving a resident population of over 100,000) by the Federal Department of Education and are, therefore, eligible for grant funds. Major Urban Resource Library (MURL) funds were awarded to the Chula vista Public Library in FY 1990-91, FY 1991-92 and FY 1992-93, and were used to purchase business directories, both regional and foreign, as well as timely business information affecting the greater San Diego and Southern California area. If awarded, the Library's intends to use the 1993-94 MURL funds to continue Business Collection, a product accessing 400 business periodicals and journals, and to strengthen the collection of career and jOb-seeking materials for the users of the Chula Vista Public Library. FISCAL IMPACT If awarded, the grant will provide $11,615 to purchase reference materials for the Library at 365 F Street. These funds will augment book accounts that were cut during the FY 1993-94 budget process. 1.2-1 COUNCIL AGENDA STATEMENT ITEM I J MEETING DATE 9/28/93 ITEM TITLE: Report on application for Federal Department of Education, Library Services and Construction Act (LSCA) grant funds to purchase books and materials to serve Spanish-speaking immigrants SUBMITTED BY: Library Director~ REVIEWED BY: City Manage~ (4/5ths Vote: Yes___No~) ./ RECOMMENDATION: That Council approve the report and ratify the Library's application for LSCA funds BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees will review this grant application at their meeting of September 22, 1993. Their continued support of Library grant application activities is expected. DISCUSSION Due to the narrow timeline for the submission, the Chula Vista Public Library has submitted an application to the California State Library for $5,000 in Library Services and Construction Act funds to purchase books and materials for the Castle Park Library at 1592 Third Avenue to improve service to the immigrant Spanish-speaking population. The State Library has made available Federal Library Services and Construction Act (LSCA) funds to develop a program to improve service to immigrant populations. Grant funds are to be used for the purchase of books and other materials for Spanish-speaking immigrants which provide assistance in the process of their adaptation to the united States, e.g., learning English, finding employment or housing, responding to medical or legal concerns. FISCAL IMPACT If awarded, this grant will provide $5,000 to the Castle Park Library for the purchase of books and materials. These funds will augment book accounts that were cut during the FY 1993-94 budget process. 11-/ COUNCIL AGENDA STATEMENT Item 1'1 Meeting Date 9/28/93 ITEM TITLE: Public Hearing to consider adoption of an interim pre-SR-125 Development Impact Fee and to consider modification of the existing Transportation Development Impact Fee (continued from September 7, 1993) SUBMITTED BY: Director of Public Work# " REVIEWED BY: City Manager.'1- (4/5ths Vote: Yes_NoXJ On July 27, 1993, Council opened the Public Hearing regarding revision of the existing Eastern Chula Vista Transportation Development Impact Fee (T-DIF) and the creation of a new fee related to the construction of an interim roadway system prior to construction of SR-125 (interim pre-SR-125 fee). Council directed staff to work with the developers toward a consensus on how the fees should be structured, and return the item at the September 7 meeting. Council also asked staff to address specific issues raised at the July 27 meeting. RECOMMENDATION: That Council continue the public hearing until October 26, 1993. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Since the July 27, 1993 meeting, staff has been and is continuing to work with developers to evaluate alternative solutions and reach a consensus. Staff will bring a final recommendation before Council on October 26, 1993. CST:SB/ENGlNEERlAGENDA/SRCONT 092293 /0/- J ITEM 1.5 COUNCIL AGENDA STATEMENT MllillNG DATE 912B193 ITEM TITLE: Report on Extending the City's Agreement with Hartson Medical Services for the Provision of Emergency Ambulance Services. Resolution /?..l ~5' amending the City's Agreement with Hartson Medical Services to delete the provision that grants Hartson the exclusive rights to provide non-emergency medical transportation services in the City of Chula Vista. SUBMITTED BY: Acting Fire Chief j/JIJ' REVIEWED BY: City ManageTll (4/Sth's Vote: Yes_ NoX) Hartson Medical Services has provided ambulance services to the City of Chula Vista since 1979. The City and Hartson entered into the current five-year agreement in May 1989. The existing agreement is performance-based and includes three, three-year options that, if approved, would extend its term until from April 1994 until April 2003. The agreement is structured to effect the optional extensions unless either party notifies the other in writing that the extension is not approved. The proposed extension, which would be effective from April 1994 until April 1997, is recommended based upon the criteria enumerated within the agreement. The Resolution proposes to amend the City's agreement with Hartson by removing a provision thereof which grants Hartson the exclusive rights to provide non-emergency medical transportation services in the City. The proposed Resolution reflects a consensus by City and Hartson staff that, based upon recently clarified statutory authority, it would be in the City's and Hartson's best interests to delete such exclusivity. This report discusses Hartson's performance with respect to the specified criteria and provides general and detailed background information intended to assist Council in placing the staff recommendation and proposed Resolution into an appropriate context. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATIONS: 1. That Council direct staff to take no action to notify Hartson of intent to terminate and thereby extend the Agreement through April 30, 1997. 2. That Council approve the proposed Resolution which amends the City's Agreement with Harston by deleting the provision that grants Hartson the exclusive rights to provide non- emergency medical transportation services in the City of Chula Vista. 3. That staff be directed to select the City's emergency medical services provider through a competitive process at the expiration ofthe recommended extension on April 30, 1997. IYI Page 2, Item I t5" Meeting Date 9/'18/93 A. INTRODUCTION The City of Chula and Hartson Medical Services (Hartson) entered into the current agreement via Resolution 14092 on May 9, 1989. Under the auspices of various agreements with the City, Hartson, or its corporate predecessor, has been providing, on an exclusive basis, emergency and non-emergency ambulance services in Chula Vista since May 1979. Under the terms of the existing agreement, Hartson is the exclusive provider of emergency and non-emergency ambulance services for the City of Chula Vista and the Bonita-Sunnyside Fire Protection District (the Exclusive Operating Area or EOA). These services are provided at no cost to the City or District. The initial term of the agreement is due to expire on April 30, 1994. However, the agreement also provides for three (3), three-year options that would extend the agreement through April 30, 2003. The staff recommendation has no effect upon the existing rate structure. The agreement stipulates that Hartson's charges shall be eligible for adjustment annually. Such annual adjustments may not exceed 8 % and are limited to the greater of: the percentage increase in San Diego's Consumer Price Index (CPI), or, 75% of the increase in the San Diego Medical Consumer Price Index (MCPI). Pursuant to the applicable sections of the agreement, Hartson's rates were last increased on October 22, 1991. Under the terms of the agreement, the City Council has the unilateral right to require a Public Hearing to consider any rate increases proposed by Hartson. The City Council also has the unilateral authority to approve or disapprove any such proposal to increase rates. Hartson withdrew its most recent request for a rate adjustment in January 1993. The purpose of bringing this item forward for Council review is twofold: · The agreement includes a condition that requires the City to notify Hartson if it decides to exercise its options not to extend the agreement. · In September 1992, Sterling Medical Transportation threatened the City with legal action if the City or Hartson enforced Hartson's exclusive rights to provide non-emergency medical transportation services. 1. The agreement includes a condition that requires the City to notify Hartson if it decides to exercise its options to not extend the agreement. The agreement is structured such that these extensions will be effected unless".. . either party notifies the other in writing at least ten (10) months prior to the scheduled termination date that the extension is not approved." The term of the first extension is from April 30, 1994, to April 30, 1997. Hartson voluntarily waived and reduced the ten month notification requirement to seven months, on a one-time only basis, in June 1993. Therefore, the City now has until October 31, 1993, to notify Hartson that it does intend to exercise the option not to extend the agreement. The staff recommendation is that no action be taken and, thereby, the agreement will be extended. /5,,02.. Page 3, Item IS Meeting Date 9/18/93 Staff does not recommend that the emergency ambulance contract be competitively bid at this time. The City has the authority to award the contract without a competitive process. The City has a performance-based agreement, with a reliable service provider, that ensures quality- controIIed emergency ambulance services are provided at no cost to the City through 2003 (via potential future extensions). The existing provider has met the contractual performance standards in an exemplary fashion: response time guidelines have been met or bettered; all terms and conditions of the agreement have been honored; and, a responsive and cooperative relationship has been maintained with citizens and City staff. Additionally, the existing provider has not increased their rates since November 1991. A competitive process is staff intensive and may not improve service levels or lower rates. Most importantly, however, there is tremendous uncertainty as to what impacts pending changes to state and federal policies wiII have on local emergency medical services (EMS) policy. The state is considering substantial revisions its EMS regulations. The federal government has recently begun the debate on how to reform the nation's health care system (a more detailed discussion of these changes is provided in Section C beginning on page 6). In light of this broad-based uncertainty, it may not be appropriate to make long-term local EMS policy decisions at this time. 2. In September 1992, Sterling Medical Transportation threatened the City with legal action if the City or Hartson enforced Hartson's exclusive rights to provide non-emergency medical transportation services. This challenge was reported to Council via an Information Item along with the Council Agenda of November 17, 1992 (see Attachment 1). The challenge was based upon recent court determinations that California municipalities do not have the authority to regulate the provision of non-emergency ambulance services and that cities engaged in such regulation were engaged in anti-competitive regulatory conduct. Hartson and City staff concur that exclusivity in the provision of non-emergency medical transportation services, as defined in the existing agreement, conflicts with these recent judicial conclusions. Based upon this information, City and Hartson staff agree that it is appropriate to bring forward the proposed Resolution. The proposed Resolution wiII not impact emergency or non-emergency ambulance service levels in Chula Vista. Calls for medical service received through the Emergency 9-1-1 system wiII be routed to Hartson for dispatch exactly as is the case today. Hartson wiII be responsible for complying with associated response time guidelines for ambulance services that originate through the Emergency 9-1-1 system. Hartson wiII not be responsible for complying with response time guidelines when ambulance services are requested through means other than the Emergency 9- I- 1 system (Le., planned inter-facility transports or non-life threatening situations where a citizens simply calls the ambulance firm of their choice rather than using the Emergency 9-1-1 system). Chapter 5.10 of the Chula Vista Municipal Code currently requires that a firm must apply for and be granted a .certificate of convenience and necessity. by the City Council prior to providing ambulance services in the City. At this time, no ambulance firms other than Hartson IY J Page 4, Item If' Meeting Date 9/28/93 has, at any time, expressed an interest in, applied for, or been granted such a certificate.' B. HARTSON'S COMPLIANCE WITH PERFORMANCE BASED CONTRACT This section of the report will focus upon one of the basis for staffs recommendation to extend Hartson's agreement with the City. The agreement establishes criteria to be considered by the City when evaluating Hartson's compliance with the contract and in examining the appropriateness of exercising the agreement's three optional extensions. Specifically, these criteria are: 1. Response time performance; 2. Compliance with the terms and conditions of this agreement; and, 3. Hartson's responsiveness and cooperation in relationships with the City. Criteria 1: Response Time Perfonnance Hartson has consistently met the response time requirements articulated in the agreement. The two response time requirements and Hartson's performance are as follows: Service Advanced Life Support CFS Basic Life Support CFS Response Requirement 90% within 10 minutes 90% within 30 minutes Actual Perfonnance 92.82% within 10 minutes 93.42% within 30 minutes Advanced life support (ALS) units are ambulances staffed with Paramedics. Basic life support (BLS) units are staffed with Emergency Medical Technicians (EMTs). Both EMTs and Paramedics are monitored by the County's Department of Emergency Medical Services. A notable difference between Paramedics and EMTs is that Paramedics can administer medication to patients. ALS and BLS refer to a skill level and scope of practice, and, are not relevant to the distinction between emergency and non-emergency ambulance services. Hartson has historically responded to approximately 400 ALS calls for service and 90 BLS calls for service each month in the City of Chula Vista. Criteria 2: Compliance with the Terms and Conditions of the Agreement In addition to response time requirements, the agreement includes the following conditions, all of which Hartson has met on a consistent basis throughout the term of the agreement: 1 The firm that had threatened legal action, sterling Medical Transportation, never applied for a certificate of convenience and necessity. On September 15, 1993, Hartson announced that it had arranged to purchase Sterling Medical Transportation. I~Y Page 5, Item ~ Meeting Date 9/'}JI,/93 a. Provide 24 hour-a-day, 365 day-a-year response, within specified response time guidelines and a minimum of one ALS unit stationed within Chula Vista. Hartson has worked effectively with City staff to ensure service levels are appropriate at all times. b. Provide First-Responder Training to Fire Department personnel during normal training periods at a location within Chula Vista; allow Fire Department personnel to attend in- house training provided to Hartson's employees; and, support the City's defibrillator program. Hartson has provided a level of training and support in excess of that contemplated by the agreement. c. Participate in disaster preparedness training and provide a supervisory liaison to coordinate the effectiveness of such training. Hartson has participated in all the City's Disaster Preparedness Drills. d. At the direction of the incident commander, provide medical assessment of citizens and public safety personnel on a stand-by basis at major incidents (Le., major alarm fires, fire fighter exams or live burndowns). Hartson has provided medical rehab services at all major incidents. e. Provide community education programs on personnel safety and the EMS system. Hartson has participated in Fire and Police Department Open Houses and other Fire Department and community events. f. Provide comprehensive EMS communications and dispatch services including ALS and BLS dispatching services. Including two-way radio equipment compatible with Chula Vista's and maintaining a "hot-line" between the City's Communications Center and Hartson's dispatch operation. g. Participate in EMS System activities not specifically enumerated above. Hartson has consistently met this requirement over the term of the agreement. For instance, Hartson was very supportive of, and participated in, the development of the CAST Program and the training of its volunteers. h. Provide a complaint adjudication procedure that focuses on the identification of potential system failures, provides for short and long-term corrective action, and documents facts for future reference. Staff has received less than three complaints annually. All complaints have been related to cost or billing procedures. Each of these complaints was resolved through an informal staff process. 1. Bill patients according to the City Council approved fee structure. This fee structure was last adjusted in November of 1991. Currently the basic rate for ambulance service is $338 and the average bill for a resident of Chula Vista is $418.19. ;,;:,f Page 6, Item J ..5" Meeting Date 9/28/93 J. Other non-service related terms and conditions include: making best efforts to comply with the County of San Diego's Affirmative Action requirements; maintenance of minimum levels of General Liability, Excess Liability, Workers Compensation and Employers Liability insurance policies; a mutual indemnification; and, auditing and reporting procedures. Hartson has consistently met each of these requirements over the term of the agreement. Criteria 3: Hartson's Responsiveness and Cooperation in Relationships with the City Hartson has worked diligently to be responsive to, and cooperative with, City staff. Most recently, staff observed a degradation of response times along the Otay Lakes Road corridor. Hartson staff provided detailed response information upon request and worked with staff to reduce response time throughout the City by adding an extra unit under certain operating conditions. Hartson has also been very cooperative in assisting new staff become acquainted with their operations by providing in-service training to fire fighters, tours and ride-along programs. Hartson also agreed to amend the agreement to clearly waive any exclusive non- emergency ambulance service rights implied by the current agreement. Staff and Hartson staff have established effective and appropriately cooperative relationships. C. DETAILED BACKGROUND INFORMATION The following section describes necessary background information to provide insight into the complexity of emergency medical services. It will include a discussion of the two types of ambulance services, the county's first-responder system, the extent of the city's authority to regulate ambulances, critical state statutory requirements, inconsistencies in the provision of ambulance services among jurisdictions and the impact an imminent restructuring of the health care system at both the state and federal level should have upon the development of local EMS policy. This discussion is not meant to be exhaustive or detailed. It is presented to provide general background information and to assist Council in placing the staff recommendation and proposed Resolution into an appropriate context. 1. There are Two Types of Ambulance Services. There are two distinct types of ambulance services: emergency and non-emergency. As defined by ~1797.70 of the Health and Safety Code, an emergency is "a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency." Therefore, emergency ambulance services would include all calls for ambulance service that originate from the Emergency 9-1-1 phone system or involve a condition that poses, or is perceived to pose, an immediate threat to a person's life. Non-emergency ambulance services are requests for ambulance service that originate from a source other than emergency 9-1-1 for any reason other than an emergency (i.e., house to medical facility or inter-medical facility transport). This distinction is important because recent I'>:t Page 7, Item /5 Meeting Date 9/28/93 Court decisions have limited the City's authority to regulate ambulances to emergency ambulances only. 2. The County's Emergency Medical Service Plan. All emergency medical services, of which emergency ambulance services are a subset, are provided under the authority of the County's Emergency Medical Services Plan (EMS Plan). The City contracts with the County to implement EMS Plan within the EOA.2 This agreement requires that the City provide prescribed levels of response to calls for service received through the Emergency 9-1-1 phone system. The City contracts with Hartson primarily to implement the emergency ambulance and advanced life support services portions of the EMS Plan in Chula Vista. The "First Responder System" is the operational component of the EMS Plan. Under the First Responder System in Chula Vista, upon receipt of a 9-1-1 EMS call a Fire Department engine or truck company and Hartson ambulance units are dispatched to the scene. Generally, the Fire Department unit arrives first, evaluates the situation and attempts to stabilize the patient. Fire Department units provide additional information on the case to the communications center and pertinent information is relayed to Hartson units in-route. Upon arrival of the Hartson unit, Fire Department units are either retained to assist the Hartson paramedics or released from further duty and are made available to respond to other calls for service. Medical aid responses make up 70% of the Chula Vista Fire Department's call for service volume (approximately 5,100 annually). 3. The Extent of Cities' Authority to Regulate Ambulance Services. The City Attorney has resolved that California statutory law provides the City with authority to implement the staff recommendations. Applicable sections of the Government Code authorize cities to contract for "ambulance" services as public convenience requires. Applicable sections of the Health and Safety Code clearly provide the City with the authority to regulate emergency ambulance services. Moreover, the Health and Safety Code authorizes the City to contract with a private entity to provide exclusive, emergency ambulance service. Such authority does not, however, extend into the non-emergency ambulance arena. The existing agreement provides Hartson with the exclusive right to provide non-emergency ambulance services, and therefore, conflicts with recent judicial findings. Based upon this acknowledged conflict, the City and Hartson agreed that it would be inappropriate to continue to provide non-emergency ambulance services through a single, exclusive provider. Staff concludes that the City has the authority to extend Hartson's agreement, as long as it is limited to the provision of emergency ambulance services. 2 The EOA includes all of the City of Chula vista and the Bonita Sunnyside Fire Protection District. /~? Page 8, Item If Meeting Date 9/18/93 4. Does Chula Vista have the Authority to Select its Emergency Ambulance Service Provider Using a Non-Competitive Process? Another consideration in developing appropriate EMS policy is the method used to select the emergency ambulance service provider. The Health and Safety Code provides a "grandfather" clause that enables cities, and other local agencies providing EMS, to select emergency ambulance services providers without a competitive process. Three conditions must exist for Chula Vista to qualify for an exemption to the requirements for competitive selection processes under the "grandfather" clause. First, the County must have a local EMS plan that is consistent with applicable state guidelines. The County EMS Plan meets all applicable state requirements. Second, that EMS Plan must: a) allow the continued use of the same emergency ambulance provider since prior to 1981 and; b) empower agencies to apply the "grandfather" clause. The County EMS Plan so provides and Hartson has provided ambulance services in Chula Vista in the same scope and manner since prior to January 1981. Third, the City's agreement with that emergency ambulance service provider must implement these provisions of the County EMS Plan. The City's agreement with Hartson implements the County EMS Plan. The City cited the same authority in 1989 to approve the existing agreement with Hartson without a competitive process. Staff from the Fire Department and City Attorney's office concur upon the continued validity of this authority. 5. Jurisdictional Variety. The way ambulance services are provided vary significantly from jurisdiction to jurisdiction. The reasons for this jurisdictional variety are many: historical relationships among jurisdictions and private ambulance firms, policy preferences of the jurisdiction, the funding mechanism(s) for emergency ambulance services and the evolution of field administered medical technology. Ten San Diego county EMS agencies have an in-house paramedic or paramedic/fire-fighter program that provide ambulance emergency service. San Diego city has a paramedic/fire-fighter program that operates in conjunction with a private ambulance company. Eleven San Diego county EMS agencies provide ambulance services through a private ambulance company. Among these eleven agencies, one (Chula Vista) staffs a Rescue/Engine company, while five others staff non-paramedic ambulances. Another more recent approach employed in San Diego county is to have paramedics respond on fire engines. Current EMS legislation does not consider the wide variety of approaches taken by jurisdictions to respond to their local emergency medical service requirements. There is considerable discussion that EMS statutes need to change to ensure that regulatory guidelines reflect the state's diverse EMS environment. Due to this urgency, it is likely that a broad spectrum of regulatory changes will be enacted at the state level over the term of the proposed extension. The probability of significant upheaval within the state EMS regulatory structure must be acknowledged if a change to the current method of providing EMS is advanced. 6. Health Care System Reform. President Clinton has made health care reform a high priority national issue. The national health care policy discussion has only recently begun to focus upon what the goals of that reform should be. How well, or how poorly, the nation's I.>:r Page 9, Item /3 Meeting Date 9/'lS/93 health care system works has an impact upon the Fire Department's operations. An example of these impacts is the steadily increasing number of medical-aid calls for service that are requests for primary care assistance. People without health insurance tell fire fighters they call 9-1-1 because they can not afford to see the doctor. The emergence of massive managed care programs (i.e., Kaiser & HealthNet) is also forcing the issue of reform. These managed care programs want their patients using their facilities whenever possible and seek every possible means of reducing costs. Kaiser went so far as to propose an alternative to Emergency 9-1-1 for its subscribers in the Sacramento region who needed emergency medical care. While this proposal was not implemented, it is another illustration the depth of the upheaval within the emergency health care industry. Additionally, managed care programs have been active and influential in the development of state policy that impacts their operations. Health care system reform is also imminent at the state level. The state of California has proposed making fundamental changes to the function and manner of emergency medical authority. The effect of state intervention will primarily be to centralize authority over EMS. The variety of methods employed by jurisdictions to provide EMS is anathema to state-level legislative regulation. The volume of litigation relative to local EMS authority demonstrates that the absence of clear and effective legislative regulation tends to encourage legal challenges. Unfortunately, such litigation often does little to clarify state policy because the court's decisions are based upon historical and structural conditions that exist only in one jurisdiction. Decisions emanating from such litigation do not provide broad interpretations of intent or clarification of applicable state policy. The state has made it known that it intends to take steps to centralize authority over EMS operations regulation, reduce the inter-jurisdictional inconsistency noted earlier and expand the scope of EMS to provide more health care in the out-patient setting. Fundamental restructuring of the health care system is likely over the term of the extension proposed in the recommended Resolution. It is essential not to overlook the impacts such reforms will have upon an evaluation of emergency medical services delivery for the City of Chula Vista. Without knowing what these reforms will be, it may not be appropriate to make long-term policy commitments at this time. The staff recommendation provides for maintaining the existing level of emergency ambulance service, at no cost to the City, until alternative emergency ambulance policies can be evaluated within the context of a reformed health care management and regulatory system. D. CONCLUSION Staff recommends that the first three-year option to extend the agreement with Hartson for emergency (9-1-1) be exercised. The City has the authority to extend the agreement based upon state statutes that extend anti-trust protection in the regulation of emergency ambulance service providers. The City's local EMS plan, meets the criteria to preempt the state's requirement for a competitive process. The existing agreement provides for such an extension. The agreement 1.>- , Page 10, Item lJ" Meeting Date 9/18/93 is a performance based contract and Hartson has met or exceeded all the basis criteria enumerated therein. The recommendation results in no additional costs to the City. Extending the agreement at this time will allow the City to continue with an established provider while federal and state government reforms are enacted. These reforms can be appropriately considered as part of the discussion on exercising the next option to extend. Maintaining Hartson as the emergency ambulance service provider for the three-year period from April 30, 1994 through April 30, 1997, ensures the residents of Chula Vista that the current level of emergency ambulance services will be maintained despite the wide variety of issues which presently challenge the EMS industry. FISCAL IMPACT: None associated with the recommendation. /.5=-/0 RESOLUTION NO. J?~IP5' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HARTSON MEDICAL SERVICES FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WHEREAS, the City of Chula vista and Hartson Medical Services entered into the current agreement via Resolution 14092 on May 9, 1989; and WHEREAS, the proposed amendment to the agreement is based upon recent judicial mandates which cast doubt upon the City's authority to regulate non-emergency ambulance service; and WHEREAS, the proposed extension which would be effective until April 30, 1997, is recommended based upon criteria enumerated within the existing agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City'of Chula vista does hereby approve the First Amendment to the Agreement between the City of Chula Vista and Hartson Medical Services for Basic and Advanced Life Support Ambulance Services, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Amendment for and on behalf of the City of Chula vista. Presented by Approved as to form by Bruce M. Attorney James Hardiman, Acting Fire Chief F: \home\attorney\hartson.lst IYI/ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HARTSON MEDICAL SERVICES FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE THIS FIRST AMENDMENT TO THE AGREEMENT, is made and entered into this 26th day of August, 1993, by an between the CITY OF CHULA VISTA, a municipal corporation hereinafter called "City" and Laidlaw Medical Transportation, Inc., a Delaware Corporation, doing business as Hartson Medical Services, hereinafter called "Hartson. 'I WITNESSETH WHEREAS, recent developments cast doubt upon the City's authority to select an exclusive provider of non-emergency ambulance services I and, WHEREAS, the existing agreement between the City and Hartson grants exclusive rights to Hartson to provide both emergency and non-emergency ambulance services within CitYI and, WHEREAS, the City and Hartson have agreed that it is beneficial to rescind such exclusive rights with respect to non- emergency ambulance services. NOW, THEREFORE, IT IS AGREED by and between the City and Hartson that Paragraph 13 of the agreement dated May 9, 1989, is amended to read: 13. CONSIDERATION Consideration provided to HARTSON for the comprehensive services to be provided by HARTSON the exolusive right to provide emergency basic and advanced life support ambulance services within the boundaries of the Exclusive Operating Area. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date hereinabove set forth. Tim Nader, Mayor HARTSON MEDICAL SERVICES S~~::~ Chief Executive Officer CITY OF CHULA VISTA ATTEST: APPROVED AS TO FORM BY: City Clerk ~U~ Ass~stant City to ey /y/,2. COUNCIL AGENDA STATEMENT Item /7 Meeting Date 9/28/93 ITEM TITLE: SUBMITTED BY: Report regarding adult programming on cable television ~ Deputy City Manager Thomson JJ JlEVIEWED BY: City Manager, ) .7;} (4/5ths Vote. Yes___ No~) Council Jleferral No. 2791 At its July 27, 1993 meeting, the City Council directed staff to review with Cox Cable options for keeping sexually explicit television transmissions (audio as well as video) out of the homes of subscribers who do not specifically request such programming. Staff has discussed this issue with Cox Cable representatives several times, and Cox Cable has indicated a willingness to take several steps described below to help address the concerns expressed by the Mayor and City Council, but these steps will not achieve the Council objective of completely blocking sexually explicit television transmissions (audio as well as video) from the homes of all subscribers who do not specifically request such programming. As part of its July 27 direction to staff, the Council indicated that staff should not spend a significant amount of time on this Council referral. This report is therefore being provided to Council at this time to provide an update report to allow the Council to provide further policy direction to staff regarding this issue. Consistent with the previous Council direction to spend only a limited amount of staff resources on this issue at this point, the City Attorney has not conducted any significant review of the legal issues related to this subject, and additional legal research would be required to determine the extent, if any, of the City's current actual authority regarding this issue. Absent a more significant legal review of this type, staff has identified several policy alternatives that are listed below in descending order of staff's perception of their likely effectiveness. The alternatives are not mutually exclusive, so any or all of them could be implemented. JlECOMMENDATION: That Council review the following policy alternatives and provide further policy direction to staff regarding which alternatives to pursue: 1. Direct staff to request that Cox Cable and Chula Vista Cable send information to their subscribers informing them how a channel with unwanted programming can be blocked out (audio as well as video) by using the parental control device on their cable box if they have one, and how customers without a cable box (or for whom the parental control device is not a satisfactory solution) may request that their cable company install a trap to permanently delete the channel from the subscriber's home at no cost or inconvenience to the subscriber. 2. Direct staff to include an article in an upcoming Chula Vista Quarterly newsletter summarizing for our residents the information indicated in item number one above. /7'/ Item /7 Meeting Date <)j2}31'!1 3. Authorize the Mayor to send a letter on behalf of the City Council to the Federal Communications Commission requesting the FCC's assistance in requiring cable operators to completely block sexually explicit television transmissions from the homes of subscribers who have not specifically requested such programming. 4. Direct staff to prepare an appropriate resolution for consideration by the General Resolutions Committee of the League of California Cities requesting legislative action to require cable operators to completely block sexually explicit television transmissions from the homes of subscribers who have not specifically requested such programming. 5. Authorize the Mayor to send letters on behalf of the City Council to all of the other cities in San Diego County alerting their city councils to this issue and requesting their assistance in publicizing this issue and in requesting their own cable operators to implement methods of completely blocking sexually explicit television transmissions from the homes of subscribers who have not specifically requested such programming. 6. Authorize the Mayor to send a letter to Cox Cable on behalf of the City Council more formally requesting that Cox Cable implement one of the three options described below for completely blocking sexually explicit television transmissions from the homes of subscribers who have not specifically requested such programming: A. Cox Cable reversing their system so that the automa tically be completely blocked out specifically asked to have it unblocked. Spice channel would unless a customer B. Cox Cable providing every cablp customer with a decoder cable box at no cost to the customer who does not want the sexually explicit material. C. Cox Cable scrambling the Spice channel audio as well as the video signal that is received through cable connections that do not have decoder cable boxes. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Cox Cable started providing the "Spice" adult programming in Cox Cable's upgraded areas on July 1, 1993. Attached is a description provided by Cox Cable of the Spice programming. The Spice programming is sold in 6-hour segments as a pay-per-view service on Cox Cable channel 99 in Cox Cable's upgraded areas. A customer must have a "decoder" cable box to receive an unscrambled pay-per-view program, including Spice. (There are also other cable boxes referred to as "converter" cable boxes, which are appropriate if a customer does not have a "cable ready" TV but does not need the more sophisticated "decoder" cable box.) 2 /?~.2.. Item /7 Meeting Date Y/28193 From July through September of 1993, the Spice channel has actually been on Cox Cable channel 62 and "channel mapped" to channel 99 when a subscriber calls in to receive Spice as a pay-per-view. The video has been scrambled on channel 62, but the audio comes through with varying degrees of clarity on channel 62 on cable connections that do not have a decoder cable box (i.e., on cable connections that have a converter cable box or that do not have any cable box). In cable connections that do have a decoder cable box, the Spice programming (audio as well as video) is completely blocked out, except when a pay-per-view of Spice is ordered.! The converter cable boxes, as well as the decoder cable boxes, have parental control devices that can be used to lock out any channel(s). Cox Cable representatives have indicated that starting on October 1, 1993 the Spice channel will no longer be channel mapped from channel 62 to channel 99, and instead will be only on channel 99. Cox Cable has indicated that there will no longer be any audio or video related to the Spice channel on channel 62 after that date. However, on cable connections that do not have a decoder cable box, the audio will still be audible on channel 99 after October I, with the video continuing to be scrambled. By changing the Spice channel completely to channel 99, Cox anticipates that customers will be much less likely to inadvertently tune into the Spice channel. According to Cox Cable, this channel change will also eliminate a problem related to "trapping" the Spice channel for customers who find it objectionable.2 In the past, trapping channel 62 has reduced the quality of channels in the vicinity of channel 62, and thus has had a disadvantage to customers requesting this trapping. By moving the Spice channel to channel 99, Cox Cable has indicated that there should be no reduction in quality of the video signal on other channels for customers who request that the Spice channel be trapped. Another step that Cox Cable has taken in an attempt to help address the concerns that have been expressed about the Spice Channel is to lower the volume of the audio on the Spice Channel. By lowering the volume, Cox Cable anticipates that customers without a cable box will be less likely to hear audio that they might find objectionable if they are flipping through the channels and inadvertently tune into the Spice channel. Cnx Cahle has indicated that about :JI.OOO households in Chula Vista suhscribe In Cox Cahle. with 12,300 having a decoder cahle hox, IUOO having a convertcr cahle hox, and 7,000 not having any type of cablc box. It should he noted, howcver, that some of the 12,:JOO households with a decoder cable hox may havc multiple cahle connections, at least some of which would not have a decoder cable box. 2 Trapping if, a process that involw:-. Cux Cable tlThnicians placing a filter in the cable connected to a suhscriber's residence that filters out both the audio and video of a particular channel. Cox C'ahle has ol'cn willing tu trap thc Spice channel for customers who find it objectionable and whose television set Lip docs not pwvide an alternative mechanism for hlocking thc channel. Cox Cablc technicians can install a trap at no charge to the customer and without the customer having to be home for the installation. :J /7.J Item /7 Meeting Date 9/2)/,/9?, At the July 27, 1993 Council meeting, the Council directed staff and the City Attorney to review with Cox Cable options for keeping sexually explicit television transmissions out of the homes of subscribers who do not specifically request such programming. As indicated above, Cox Cable is already taking several steps to help address the concerns expressed by the Mayor and City Council. These steps include: Explaining methods for deleting channels with unwanted programming to customers who call Cox Cable with concerns about such programming (through the use of parental control functions on cable boxes or on the subscriber's television or VCR). Installing physical traps to filter out unwanted channels for customers for which the above mechanisms are not available or satisfact.ory (with the trapping done at no charge or inconvenience to the customer other than the phone call to Cox Cable). Moving the Spice channel completely from channel 62 to channel 99 (effective October l). Lowering the volume on the Spice channel. In addition to the above steps, Cox Cable has recently informed staff that they are willing to take additional communications steps to inform customers how they can delete channels with unwanted programming. They have specifically offered to put a message on monthly customer bills twice in the next year and also twice in the "Hook-Up" quarterly newsletter sent by Cox Cable to its customers. These messages would highlight the fact that unwanted programming can be deleted and provide a Cox Cable phone number to call for information on deleting a channel. (Attached is a letter to Cox Cable from the Mayor of Poway requesting specific language for an initial communications of this type.) Although the steps described above help address the concerns expressed by the Mayor and City Council, these steps will not completely achieve the Council objective of automatically blocking sexually explicit television transmissions from the homes of subscribers who do not specifically request such programming. The options that have been identified that would meet this objective include: A. Cox Cable reversing their system so that automatically be completely blocked specifically asked to have it unblocked. the Spice channel would out unless a customer B. Cox Cable providing every cable customer with a decoder cable box at no cost to the customer who does not want the sexually explicit material.3 3 It should be noll'd that prior to Sepll'mher 1, !()<)3, Cox (:ablc provided cahle boxes at no charge to many of it:;.. cuslomer:.:. (and $2.()() or $3.95 per monlh for decoder cable boxcs without a premium servicc), hut all cusl\\mcrs will pay it charge for cable hoxcs aflt:r Septemher 1 ($1.0) per munth for older COllvcrter hoxl'S and $U~H Jlcr monlh for newer decoder hoxes). 4 ) 7-,/ Item /7 Meeting Date W2Y,;<J3 C. Cox Cable scrambling the Spice channel audio as well as the video signal that is received through cable connections that do not have decoder cable boxes. Cox Cable representatives have indicated to staff that none of the above three options are cost effective for Cox Cable, and that Cox Cable is not aware of any other alternatives that would completely meet Council's objective. Cox Cable representatives have therefore indicated that they either cannot or will not completely block out sexually explicit television transmissions from the homes of all subscribers who do not specifically request such programming. Based on the research that staff has done to date, it is not clear how much actual authority the City currently has to require cable operators to take steps such as the three options listed above. Cox Cable representatives have indicated that they believe they have the legal right to operate as they have been in regard to this issue, although they are willing to take steps they consider reasonable to at least partially address the City's concerns. The list of policy alternatives listed in the Recommendation section of this report thus includes alternatives to seek FCC assistance or legislative action that would provide clear authority for cities (or the FCC) to require cable operators to completely block sexually explicit television transmissions from the homes of subscribers who have not specifically requested such programming. Although the July 27 Council referral and most of the recent public concern related to adult programming has focused on the Spice channel on Cox Cable, it should be noted that Chula Vista Cable carries "Playboy" on channel 51 in the evenings as a premium service (similar to HBO or Showtime). It is staff's impression that the audio from Playboy is much less of a community concern than the audio from Spice, but there may be some related issues that would involve Chula Vista Cable. Alternatives #1 and 2 in the Recommendation section of this report therefore are suggested to be addressed to both of the cable companies. There have also been a few other citizen complaints that staff is aware of regarding periodic adult programming on other pay-per-view channels (e.g. "Hot Choice" on Cox Cable channel 22, which will be moved to channel 57 on October 1). Cox Cable representatives have indicated that they are now willing to install traps on such channels (in addition to the Spice channel) for customers who do not have cable boxes and who are concerned about unwanted programming on such channels. FISCAL IMPACT: A limited amount the alternatives listed in the alternatives that would require significant resources. of staff time would be required to implement Recommendation section. Other possible significant legal analysis could require Attachments: A. B. C. Description of Spice channel .~~1) Minutes of July 27, 1993 Council re~~ftg Letter from Mayor of Poway ~o~i"table B:\(A113)\CABLE.COX .5 17-5 AUG-82-'93 12;28 ID;CoX CABLE SAN DIE60 TEL NO; 16192665455 11878 1'62 5159 Federal80ulevll'd SIIIn Oiogo, CA. 82105-5480 181.(8191 ~e3-9251 , , I9TT~el(/1~JJr /:J CDX CacCoble Son Diego.lnc. SPICE SPICE is an adult entertainment service currently available to over 10 million cable customers across the United States. The programming includes cable, or unrated, versions of adult movies. No X-rated films are ever presented on SPICE. The distributor of SPICE, Graft'Pay-Per-View, has established guidelines to meet the concerns of cable companies in providing programming that meets commwlity standards. Cox Cable recognizes that there is a strong consumer demand for adult programming. provided that the programming is delivered in a manner that restricts access to children and adults who object to adult subject matter. Customers interested in SPICE programming purchase it on a private. pay- per-view basis. J7-6 Minutes July 27, 1993 Page 15 MS (NaderlHorton) to approve staff recommendation with the following additions: 1) Council upress its sense to staff that the objective rating process should not be a straight jacket and the overriding goal should always be the best job at the best price and if there was any cause for question that the rating process had resulted in meeting that goal, all information on competitors would be presented to the policy makers at the time of decision making with staff recommendation and rationale; and 2) when appointing selection committees, the relevant commission be invited to designate a representative with the understanding that if they could not do so in a timely manner that the process would not be held up. Mr. Valenzuela felt the motion directed staff to look at the objective rating system but take it one step further using common sense and identifying price as one of the driving priorities in the criteria as well as looking at a commissioner to sit on the reviewing committee. Councilmember Moore questioned whether the recommendation was to include it in the contract policy. Mayor Nader stated that was correct. VOTE ON MOTION: approved 4-0-1 with Fox absent. ITEMS Puu.ED FROM THE CONSENT CALENDAR Items pulled: Sa, 9 and 12. The minutes will reflect the published agenda order. OTHER BUSINESS 18. CITY MANAGER'S REPORTCS) a. Assistant City Manager Morris stated the sublessee of the golf course restaurant had declared bankruptcy. American Golf was in the process of looking for a new operator. Staff was working with the Attorney's office in the matter. Mayor Nader stated he had been approached several months ago by the lessee with a proposal they felt would help them generate more business but were concerned the City's permit processing might not allow them to get underway quickly enough. He questioned whether there had been any problems regarding their permitting. Mr. Morris responded that he had met personally with the lessee and staff regarding the processing of their plans and to the best of his knowledge there were no problems and they were satisfied with the process. b. Assistant City Manager Morris distributed a letter regarding solid waste. c. Scheduling of meetings. Council and the County Board had agreed upon two additional meeting dates for Otay Ranch meetings, 8/25/93 from 3:00 - 7:00 p.m. at the County and 9/13/93 from 3:00 . 7:00 p.m. at the City. 19. MAYOR'S REPORTCS) a. Reconsideration of 1993/94 budget. Continued from the meeting of 7120/93. Mayor Nader stated the item was placed in error and requested the item be deleted. 7 b. Cox Cable adult channel. Continued from the meeting of 7/20/93. I?" 7 Minutes July 27, 1993 Page 16 Mayor Nader stated he had received several complaints regarding language of a sexually explicit nature that had been broadcast on Cox Cable although the picture was scrambled. No one should have to be offended by material beamed into their home without their request or ability to block it out. There were thousands of customers that had .cable ready" televisions and if they did not want the audio beamed in they would have to call to make a request to have someone come to their home and lock out the channel. He felt that was unfair, a citizen should not have to cancel their cable service to avoid that or have the burden placed upon them to not have the material come into their home. He felt the City Attorney should investigate the matter, look at options, and include as one option to be reviewed, a requirement that a lock-out box be made available to every citizen with cable service on a cable system that offered sexually explicit material with that material automatically tuned out unless the customer requested it and chose to pay for it. The burden of getting such material should be on those that want it. He felt that would be a reasonable balance between the need to avoid government censorship and the need to protect the privacy of homes and the parents right to protect the moral content of material their children were exposed to. . Steven C. Collins, 5159 Federal Boulevard, San Diego, CA, representing Cox Cable San Diego, gave a brief background of adult entertainment offered by Cox Cable. Spice was launched on 7/1/93 and was only accessible with a decoder and all decoders had a parental lock-out. The majoriry of their 31,000 subscribers in Chula Vista had the decoder boxes. The 11,000 subscribers that had cable ready sets and the vast majority of those had an erase or lock-out function. For those customers that did not have that feature Cox would make a box available to them upon request. For those that did not want a box, they would put a trap on their line at the pole which would eliminate the signal completely. They realized the programming was not appropriate for children and may be offensive to some adults but they were making every effort to satisfy both sets of subscribers. The service was available to 200,000 subscribers in the upgraded areas and they had only received a handful of complaints. Frank Jordan, 2857 Imperial Avenue, San Diego, CA, representing the San Diego NAACP, stated he had received complaints and felt that an awareness campaign needed to be done to let people know their homes were being invaded and that lock-out boxes were available. He requested that Cox be a good corporate neighbor and let everyone know that it was coming into their homes. Mayor Nader questioned why it was not possible to put the system in reverse, Le. the system would be automatically trapped and those wanting the service could call and have it untrapped. Mr. Collins responded it was not cost effective. MS (NaderlHorton) to direct staff and the City Attorney to examine options for the purpose of preventing explicit materials from coming into homes that do not want to have it through the cable system. Those options should include but not be limited to: 1) having the system set up in reverse, the channel would be automatically blocked unless someone specifically asked to have it unblocked; and 2) every cable customer on a network carrying that type of material be provided a lock out box with the cost to be preferably carried by those choosing, on a pay-for-view basis, to have sexually explicit material. If staff came up with other options he would also want to examine those_ Councilmember Moore felt the first step should be to provide the business the option of solving the problem within a given time. If the problem had not been taken care of by that time then there could be Council action. Homes could be notified through the City's quarterly newsletter. Mayor Nader stated it was the intent of his motion that staff would explore options and work with Cox regarding the development of those options. Cost effectiveness or economic to Cox was not the number one priority, the number one priority was protection of kids and parental rights. Councilmember Moore questioned how much staff time and effort would go into developing the options and what the priorities were of business. If he did not like what was on television, he could turn off his television, but there were a number of other things staff was working on where that could not be done. /7"~ Minutes July 27, 1993 Page 17 Mayor Nader sated there were other things that staff needed to do and hoped it would not take long for them to look at the options, have one meeting with Cox and come back to Council with a recommendation. VOTE ON MOTION: approved 3-1-1 with Moore opposed, Fox absenL c. Mayor Nader stated there would be a meeting of the Interim Solid Waste Commission at the County on 7/28/93 at 8:00 a.m. There was a letter over his signature summarizing the City's position which would be handed out. There had been a suggestion made that Council continue the present meeting to that meeting so three or more members of Council could be there, but it was his understanding that if there were three or more members of the Council present, as long as they did not interdeliberate among themselves on City decisions, there was no legal reason why three or more members of the Council could not be present. He felt it would be appropriate for Councilmember Rindone or staff to report back to Council at the next regular meeting and deliberations would take place at that time. He would not want interdeliberation to occur without the full Council. He had talked to Supervisor Slater and it was her opinion that the existing agreement already implemented the two conditions of the El Cajon resolution. After discussing it with the City Attorney, it was their opinion that the Supervisor was misreading the language and one of the provisions of that agreement regarding bonding. He suggested that because Supervisor Slater intended it be a condition of the agreement, that any agency could withdraw up to one year if the County went to bond during that time without the approval of the majority of the commission, perhaps it would be useful to suggest at the meeting, on the City's behalf that language be drafted to implement that condition legalJy. If that were done, he felt everyone would be back in business. Councilmember Fox arrived at the meeting at 9:15 p.m. d. Mayor Nader stated he had talked with Senator Feinstein regarding the airport issue and she had reassured him that she would remain neutral on the issue. She was dearly coming under increasing pressure from those supporting the bi.national airport to overturn what Congressman Filner was doing when the House Appropriation Bill went to the Senate side. She felt it was a local issue and did not want the Federal Government giving orders in either direction in the absence of a regional consensus. He felt it would be helpful and appropriate for letters and phone calls to Senator Feinstein expressing appreciation for her deference to the local representatives on a local issue. Contrary to what she might read, Congressman Filner was representing the district and fulfilling a campaign pledge. 20. COUNCIL COMMENTS Councilman Fox MSC (Nader/Moore) to continue the meeting past 10:30 p.rn. to complete the City Council agenda, Redevelopment Agency agenda, and dosed session items. Approved 4-1 with Horton opposed. . Review of Police Department policy regarding minor narcotic law violations on school campuses. Continued from the meeting of 7/20/93. Councilmember Fox stated at the recent Youth Summit he had an eye-opener regarding drugs, i.e. with certain violations the City Police Department was not involved and the youth possessing <;frugs may not come in contact with law enforcement officials. The decisions were usually made by other than police officials as to what would be done with those individuals. He believed that any youth that had drugs on the school campus should be arrested, no matter the amount, which would result in the filing of a police report. School officials should be the educators and not the law enforcers. It had also come to his attention that policies were different between the various districts and was convinced there were communication problems between the City and the school campuses. He suggested Council direct City staff to work with the appropriate staff of the Sweetwater Union High School District and the elementary school district to darify /7---1 09~02~93 09;0~ S 619 679 4369 COMM SERU ADMIN p.et .:. CITY OF Po WAY DON HIGGiNSON. Mayor BOB EMERY. Deputy Mnyor B. TONY SNESKO. Counciimember SUSAN CALLERY, CounciJmcmber MICKEY CAFAGNA. Councilmember August 31, 1993 Robert McRann Senior Vice President and General Manager Cox Cable San Diego 5159 Federal Boulevard San Diego, CA 92105-5486 Dear Mr. McRann: On Thursday, August 26, the City staff received two calls from Cox Cable subscribers in Poway. These customers happened upon Channel 22 on Wednesday evening, August 25. The pay-for-view program on this channel was not scrambled and they viewed a topless beauty contest. The viewers were very upset because they did not order this pay-for-view program and they did not want their young children watching this type of programming. According to your staff, there was a technical problem which precluded the program from being scrambled to non pay-far-view households. This problem currently has been resolved by your technical staff. However, the City is very concerned about a similar issue that will occur when the rebuild of the Poway cable system is completed on December 31, 1993. At that time, Cox will make available to Poway subscribers the Spice Channel, which contains adult programming. Because of the technology contained in cable ready television sets, subscribers who chose not to order this type of service may be subjected to partially scrambled video and audio from Spice programs. To ensure that Poway families are not unknowingly e"posed to this channel's programming, the City of Poway is formally requesting Cox Cable to provide a written' notice to all Poway subscribers. The 30 day in advance notice should state: "with the completion of Cox's upgraded cable system, Poway subscribers will have the opportunity to order a wide variety of entertainment services beginning January 1, 1994. To ensure that households, which do not subscribe to certain premium channels, are not subjected to unwanted adult programs, which may appear on the pay-for-view channels as partially scrambled pictures and sound, subscribers are encouraged to call Cox Cable's customer services department at 1-800-221- 4188. In response to a subscriber's request, Cox will place a trap on the cable line, which will block out all picture and sound from the unwanted pay-for-view channel or channels. There will be no charge for this service and it can be done in the field by a Cox customer services representative without any inconvenience to the subscriber." City Hall Located at 13325 Civic Center Drive @ ".c,.~,~,i,~2~,~~~ress: P.O. Box 789, Poway, California 92074-0789 . (619) 748-6600, 695-1400 17'" /tJ 09/02/93 09;07 E 619 679 4369 COMM SERU ADMIN P.02 ;Robert McRann - Cox Cable '" August 31, 1993 Page 2 The City staff will work with you and your staff to implement this notification to successfully initiate and promote your expanded services. Patrick Foley, Principal Management Analyst for the City, will be calling Sandy Murphy to schedule a meeting to discuss this matter in more detail. In the meantime, if you or your staff have any questions, please call Patrick Foley at 679- 4347. Sincerely, ~~~~ Don Higginson Mayor c: James L. Bowersox, City Manager William M. Marticorena, Rutan & Tucker Robert L. Thomas, Director of Community Services Sandra Murphy, Cox Cable Steven Collins, Cox Cable (C:'WPWIN\LETT&:It"ISPICIOIL..COX) J7"" // 0~/23/~3 0~:31 X 619 679 4369 TIMESADYOCAJE Pay channel too spicy:;.". for Poway::'S; . councllman3;; SCOTT~HAU:/~~:..;}t .~~;;~1 . ., POWAY -AcitycoUi1->;: '. cilm . d. his,; art, +''', "'i an15 omg p".;t, ';~::" tokeepCoxCabletrom..:S:, ,'.' addingalittleSpiCEto:'{~ii; "f~ the lives ofresidentswhOO'i:: don'taskforit ;;:;;,:~ CmmP.ilm~".Tony :,':~J,~;~:~ Snesko says SPICE, a ,';::';ii new, pay-per-view adUlt~":;~~ entertainment channel , :;~;:. provided by the cable "',:~~ company, wUl invade ",:<' people's homes e'Venif ....:::.:~.. they do not order the pro.:",i: grf;1TT1TniTlg.. - ~'.:..~,:~~.;. , The video and audio el-,' ':: ements of the channel ," are not scrambled suffi-.:,':: _" m''''~ ciently by the cable com~',~;j, panyto prevElD-tthe adUlf~: , ,progrAmmi"gfromap~.. ::;:~; ~:ai~~inghear~,,'4f{~t "It's1ikeHustler maga~,;:~~;; zine,comingintoyour i;i~ii:i4i house, putting aJIl!lga~;:,:2;{" . "-'.':1-~." I' zineinyourdrawer ~i;I:~~jj'f~ telling you the onlyway/,ws; YQu can get rid ofi~isto~t}~~ call them imdasktbeni to3i. : L_'~_'t"S 'k 'd ,'" e"i' W1ACl ~ nes oeSJ. .',' ".;,;?;~, "They have absolutely no'T'; right to send this into ,:'>:'i;??j 1 ' h 'th t '."" peop es omesW1 ou..~~~j;& themaskingfodt." ,:,;,;i:f4~ Snesko plans to try to ,'it;;:;, ': ,:':,':;t Puasese.SP'Cy,A2;H~ ) . .7' :.~ COMM SERU ADMIH ~ THURSDAY, SEPI'EMBER23.1993 P.06 SPICY: Poway councilman objects prevent Cox from adding SPICE to service in Poway until measures are taken to more ef- fectively block out the channel. Snesko will raise the issue at the ne-1et City Council meeting, Sept. 28, at Poway City Council chambers, 13325 Civic Center Drive: ,Cox Cable officiaJs said they bave a variety of ways to keep the adult channel out of homeS, , and the channel will not appear in homes unless it ;" ordered. .Cox will guarantee that this ' channel does not go into any home, that doesn't choose to have it," said Sandra Murphy, vice president of community and publli: relatioll8 for the ca- ble company. "It's a pay-per- view service, It's not going to just be showing up,' Cox will take different steps to keep the channel out of homes based on the kind of ca- ble box subscribers have. Cus- tomers with one kind of box 17"/.2. would receive "'E! Entertain~ I ment Television" in place of the ' SPICE channel, Murphy said. : Other customers can add c:cdes to their boxes to preven!: access to the channel or Cox can: put a trap on the cable line to keep the channel out, MurphY said. All of the measures Cox take~ to eliminate the channel woul<\ be provided to the consumer a~ no added cost, Murphy said, : The SPICE Channel has been available in Some Cox Cable service areas since July and will be available for Poway resi~ dento and all Cox Cable custom~ era Oct: 1, Murphy said. , Nearly 200,000 customera bave bad a.ceess to SPICE Binct! July, but Cox has received only: "a handful' of complainto, Mur-: phy said.' , : Customers can call 262-1181< ' 24 hours a day to express then' concerns and cancel the ~ neL . -;;#- /7 How to Delete Unwanted Channels I Dear Cox Cable Customer: In an effort to give customers the widest possible choice and variety, Cox Cable offers a multitude of special programming for all customers to enjoy. Some programming, however, may be considered unsuitable or offensive to some viewers. Parents may also wish to block out specific channels because of their adult content or other reasons. You have total control over the channels you wish to receive. Cox Cable boxes, as well as many TV sets,allow you to block out channels. Here's how you can control your TV set. If You Have An "Addressable" Cable Box 1. Turn on the TV set and cable box. 2. Switch the decoder to the channel you wish to block. 3. On the back of the box look for a switch labeled "channel control". Put the switch in the "up" position. 4. On the channel keyboard on top of the decoder, push the "PC" button. A red light will glow on the front of the box next to "PC". Addressable Box 5. When you want to block that channel, push the rear switch down. A lock can be put on the switch to insure that children do not remove the blocked signal(s). You can block as many channels as you wish using this procedure. When you want to watch them, just push the switch into the "up" position. If You Have A Basic Cable Box 1. Follow steps 1.3 above. Basic Box 2. Locate the "up" and "down" buttons on the top of the box. Push them both at the same time. When you want to block the channel, push the switch on the back of the box into the "down position". If You Have A Cable Ready Television Set Look in the instruction/owners manual for the "add/delete" function. Follow the instructions in your manual. Or call 262-1181. A Cox representative can help you. If Your Set Does Not Have an "Add/Delete" Function Call Cox Cable at 262-1181 (From Alpine or Poway call 1-800-222-4672). Cox will permanently delete the channel(s) at no cost or inconvenience to you. If You Need Or Want Help Call us at 262-1122 and we will be happy to answer questions or help you through the "deletion" process. } 7- [] -- _".'_U ->, I ! .- '-"~:~...~~!><" "~~:u 0=-' .........1" 'j:;/- .CC-'. -=:~. .-....~"t:.: _/ \1' . 'f',' ~ \,'{'f. foeJlma lOll~ r\"o"':"'~>I:; 4~i; . ':' .'''..,,':'':' :;' ,.../.~ '\,~, . "'.. -..: .:. ..: '. . .:.,T.' .r"'.a, , it!! pj'iJfhtJ%ta, Gdifil1tia PROCLAIMING SATURDAY, OCTOBER 2, 1993 AS COASTAL CLEANUP DAY IN THE CITY OF CHULA VISTA, CALIFORNIA .. WHEREAS, the State of California has a varied coastline of sandy beaches, rocky shores, productive estuaries, marshes, tidal flats, urban areas and harbors; and WHEREAS, the natural resources of the coastal zone are among California's most important environmental and economic resources; and WHEREAS, the marine environment is one of the most valuable resources for recreation, tourism, fishing and other coastal industries; and WHEREAS, the City of Chula Vista is strongly committed to the wise management of the coastline to ensure that the environmental and economic value of the coastal zone will be sustained; and WHEREAS, Californians are now adopting beaches year round through the California Coastal Commission's Adopt-A-Beach Program; and WH EREAS, the Coastal Commission will sponsor COASTWEEKS in California from September 18 through October 11, 1993, and the statewide Cleanup Day on Saturday, October 2, 1993: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby proclaim Saturday, October 2,1993 as CLEANUP DAY in the City of Chula Vista and encourage citizens, businesses, groups, and public institutions to observe this event and to participate in appropriate activities designed to promote a healthy and productive coastal environment for the benefit of the people of Chula Vista, California and the Nation. /6 b-I MEMORANDUM September 24, 1993 TO: The Honorable Mayor and City Council John D. Goss, City Manager I( C. I . I . C S, hns Sa omone, Commumty Deve opment DIrector - VIA: FROM: SUBJECT: Proclamation - Cohen, Osio, Perman and Associates, Inc. At the September 7, 1993 City Council meeting, Mr Patrick Osio, Jr., CEO of Cohen, Osio, Perman and Associates, Inc. (COPA), requested the City of Chula Vista co-sponsor a program to provide local merchants a tour of Tijuana shopping centers and department stores, and a related merchandising seminar. Council expressed several concerns and requested staff meet with Mr. Osio to resolve these concerns and return with a further report at the September 21 meeting. Staff and Mr. Osio held discussions and a report was prepared and provided to Council at the September 21 meeting. The report outlined COPA's company profile, the proposed program and benefits to Chula Vista, as well as a recommendation for Council to endorse the program contingent upon COPA's execution of a Letter of Agreement providing: 1) indemnification of Chula Vista liability; and 2) certain insurance provisions. The recommendation was based upon an understanding that such provisions were acceptable to both parties. However, at the meeting, Mr. Osio indicated concern regarding the specifics of these provisions and the matter was referred back to staff. Community Development, Risk Management, and legal staff subsequently met with Mr. Osio and identified a proposed resolution--the issuance of a proclamation by the Mayor--that would negate the concern regarding potential city liability resulting from a city endorsement or use of the City Logo. The City Attorney has offered the opinion that a Mayoral proclamation generally recognizing the need for marketing-related educational services for Chula Vista businesses and applauding one such service, does not result in potential liability as does an endorsement of a specific seminar, tour, or other such event, or use of the City's logo; therefore, staff is recommending that the Mayor issue the attached proclamation applauding COPA's efforts to educate Chula Vista merchants regarding Mexico market opportunities. Mr. Osio has indicated that such a proclamation would meet his needs and understands that staff is not recommending that COPA be authorized to use the City Logo. It should also be noted that under the proposed approach, the City would not be an event co-sponsor and therefore would not recieve any program proceeds, as had been proposed by COPA. cc: Proclamation ;' 6b- 2. APPLAUDING COHEN, OSlO, PERMAN & ASSOCIATES, INC.'S EFFORTS TO ENHANCE CHULA VISTA MERCHANTS' CROSS-BORDER MARKETING OPPORTUNITIES WHEREAS, the City of Chula Vista recognizes the increasingly competitive marketplace in which our merchants must operate; and WHEREAS, the City recognizes the need for educational resources which help prepare Chula Vista merchants to optimize their marketing efforts, including capture of foreign dollars; and WHEREAS, the firm of Cohen, Osio, Perman and Associates, Inc., proposes to offer such resources via cross-border seminars and tours which focus on retail competition in Mexico, including product types, pricing structures, and marketing techniques: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby APPLAUD THE EFFORTS OF COHEN, OSlO, PERMAN & ASSOCIATES, INC. to arm Chula Vista merchants with skills and abilities to compete and thrive in the increasingly important international arena. cohen /5b-J FR!l1: DW I GHT I<<RDEN TO: 425 6184 5EP 20. 1993 1B:29AM P.B2 ~. THE LAW orlllCIS 0' P;..P'~!~!i[ ~~~~!:: 7.0 &.0MA5 IlANT'" n. DNVa. SUITI:: 102 SOLANA alAC... eAL.OI..,"'.... '20'75 f."IJ~. ..'.1.....,..,. .""" .\III"'~.'N (, D. OWGHT WOf4OeN ,RACY fit. "'nOHMOND w. aeon wn..'-LAoMS ..........H. 1:1,..1,..18 III ,.~".,. M. GI.e.s IC'n'5tAL 0"" PORD MICHAIL. Ho\KAKQPjN August 25, 1993 -. Poppy Dennis 991 C Lomas Santa Fe Drive, '421 Solana Beach, CA 92075 - ReI Sohool Vouoher Initiative And Looal zonina Control Dear Ms. Dennis: You have asked me to review the Parental Choice In Education Initiative and to advise you what impact this initiative will have on the ability of local cities and counties to impose zoning and planning requirements on private and public schools. I have reviewed, at your request, the November 19, 1991, copy of the Parental Choice In Education Initiative which you provided to ~e. A~ you know, I have specialized in representing cities and special districts, including school districts, in land use, environmental, and zoning matters for the last 19 years. THE PROPOSED CHANGE The Parental Choice In Education Initiative is a state-wide initiative which, if enacted, would add Article IX to the cal.ifornia State Constitution. Of particular relevo.nce to your question is section 17(b) (4) of the initiative which states: "Private schools, regardless of size, shall be accorded maximum flexibility to educate their students and shall be free from unnecessary, burdensome, or onerous regulation. No regulation of private schools, sCholarship-redeeming or not, beyond that required by this seotion o.nd that which applied to private schools on October 1, 1991, shall be issued or enacted, unless approved by a three-fourths vote of the legislature or, alternatively, as to o.ny regulation pertaining to health, safety, or land use, ~po&ed by any county, city, district, or other subdivision of the state, a two-thirds vote of the governmental body issuing or enacting the regulation and a mo.jority vote of Dl1OO1I22.128 J9iJ.. / FR!11: DW J GHT WCRDEN TO: 425 6184 SEP 20. 1993 10:30AN P.03 ,~/ Poppy Dennis August 25, 1993 Page 2 qualified electors within theattected jurisdiction. In any legal proceeding challenging such a regulation as inconsistent with ,this section, the governmental body issuing or enacting it shall have the burden of establishing that the regulation: (A) is essential to assure the health, safety, or education of stud~nts, or, as to any land use regulation, that the governmental body has a compelling interest in issuing or enacting jt/ (B) does not unduly burden or impede private schools or the parents of students therein; and (C) will not harass, injure, or suppress private schools. II SUMHARY OP CURRENT L~W Under current California law, private schools are subject to all local zoning and planning regulations. Public schools are also subject to local zoning and planning regulations (Govt. Code 5 53091), except that public schools may, by two-thirds vote of the members of their boards, render local zoning requirements inapplicable (Govt. Code 5 53094). However, this right to render zoning inapplicable by two-thirds vote of the Board applies only to classroom facilities, and does not apply to "non-classroom facilities," such es warehouses, administrative buildings, etc., which remain subject to local zoning. In addition, public schools must comply.with city and county ordinences regulating drainage, road improvements and conditions, grading, and certain other requirements with respect to on site improvements (Govt. Code S 53097). Thus, under current law, Drivate schools are subject to all building, zoning, and planning regulations. Public.schools under current law are subject to some provisions of local planning and zoning law, but have the right to exempt themselves by two-thirds vote from some requirements. ANALYSIS OF CHANGES If enacted, the Parental Choice In Education Initiative would appear to affect the following changes: 1. ExemDtion tor Private Schools. Private schools would no longer would be subject to zoning, planning, or other local regulations enacted after october 1, 1991, unless such new regulations were approved by either three-fourths vote of the legislature, or were adopted by two-thirds vote of the governing body of the local agency and were endorsed by a majority vote of OL/DOIIZl.128 /9b'~ FRCl1: DW IGHT WRDEN TO: 0425 618<1 SEP 20. 19'33 1B:30AM P.B04 \\\!i! ... ..' I '\~ ".y Poppy .Dennis August 2:>, ~993 Page 3 the qualified electors within the jurisc:Uction. "Qualified' electors" is defined in the initiative as all persons regiStered to vote. Thus, to pass a new local regulation or to amend a 'pre- October 1991 regulation, the change would need to be adopted by a majority of all those reaistered to vote, irrespective of how many persons actually voted. 2. Burden of Proof Shift. The burden to defend a new or amended regulation as to II private school would shitt to the local government body issuing the regulation. This would change existing law which places the burden on the person attacking the regulation. , 3. Private School Reaulations Must Meet "Comoellin9 Interest" St8ndard. 'l'he standard to sustain local regulation of private schools would be changed to a "compelling interest" standard, as opposed to the normal standards ot "rational basis" and deference to local agencies. In other words, new or amendod zoning and planning regulations, such as parking requirements, set-backs, landscaping, etc., could not be imposed on private schools unless (1) adopted by three-fourths vote of the legislature or two-thirds vote of the local agency, ratified by public vote of a majority of registered voters, and (2) if so adopted and challenged in court such regulation would not be sustained unless the imposing agency presented evidence that a "compelling interest" supported the regulation. This "compelling interest" standarc! is, typically, the most stringent test of validity used by the courts, historically reserved for regulations in certain "suspect" areas, such as race, religion, and national origin. ,', 4." Public SChools More Reaulated. Public schools woulc! be subject to more regulation than private schools unc!er the initiative in that public schools would still be subject to planning, zoning, and other local regulations as provic!ed by current law, while private schools in many cases would not. IMPLICATIONS Broad initiatives such as this one regularly require interpretation and analysis by the courts before it can be said with certainty exactly what they mean. It does appear, however, from the language of the initiative that the following would result: DL/DDUz2,128 -, J9b:J FRCJ1: WIGHT IIJRDEN TO: 425 6184 SEP 20. 1993 1e:31AM P.es \.'\ '.e;' ." .~"" .:>~~ /. ,= "~' .-"t\ "'Y, _ .~"" ", Poppy Dennis August 25, 1993 pag-e 4 1. ordinance Revi~ions to Eyemnt'Private Schools. Local cities, counties, and districts would have to review and revise their regulatory ordinances to "exempt" private schools trom post-October 1991 regulations, except as authorized by the initiative. 2. Newlv Incorcorated cities and Districts. It is not clear what newly incorporated cities or newly formed districts, formed after October 1, 1991, could do by way ot regulation of private schools. Read literally, the initiative would preclude any regulation unless imposed by the state legislature, or by two-thirds vote of the local g-overnment with ratitication by a majority of the local electors. It would be difficult, if not impossible, to ~ass regulations under these standards. 3. PUblic Schools At Disadvantage. Public schools would remain subject to local building. zoning, environmental, and other regulations, as summarized above, while private schools would, under the initiative, enjoy exemption from post-October 1991 regulations unless passed under the stringent standards of the initiative. This could give private schools a substantial economic and operational advantage over pUblic schools and could result in the inability of local governments to effectively regulate private schools and impacts to local communities and neighborhoods. 4. Costs of Election. Local cities, counties, and districts, under the initiative, will have to budget funds for public election every time a local regulation of private sChools is proposed to be amended or adopted, unless the local agency can obtain adoption of the regulation at the state-wide level. Historically, however, the state has little, if any, local zoning, planning, and regulation power, said power being vested in the local agencies. And, since most local agencies have ordinances that group private schools with other uses, the election requirement could be triggered every time these generic provisions are amended. 5. Difficultv of Election. The ability to obtain local voter ratification of proposed regulations will be very difficult. A majority of the "qualified electors" defined by the initiative as persons registered to vote, will be required to pass a regulation meaning that 1n all elections where less than a majority of reg-istered voters vote (a common occurrence) it will be impossible to pass any measure. DL/1>01I22.12e '. 19b-1 FRCI1: DW J GHT IDIDEN ,\.'~ ',,, ~",.,. V .~7J TO: 425 6184 SEP 20. 1993 10:31A'1 P.06 Poppy Dennis '. AU9Ust 25, 1993 Page 5 I hope this intorD&tion is helpful. Sinoerely, DDW:dl O"OWZ2.1Z8 LAW ~:ft~; OF D. DWICHT WORDEN A~~~~oration D. Dwight Worden /96 .,5' .. September 24, 1993 MEMO TO: The Honorable Mayor & City Council Patty Wesp, secretarf!J~ ACCOUNT 100-0105-5221 - UPCOMING EXPENDITURES FROM: SUBJECT: For your information, following is an itemized list of the upcoming conferences: JaDan/American Mavors' Conference - Sacramento - October 10-14. 1993 Mayor Nader will be attending this conference. Cost estimates are Registration Fee ($150), Roundtrip airfare ($136), Hotel Accommodations ($500). Estimated total for this conference is $786. Leaaue of California Cities Annual Conference - San Francisco - October 16-19.1993 Mayor Nader and Councilwoman Horton are attending this conference. Cost estimates are as follows: Registration Fees ($390) - Roundtrip Airfares ($276) - Hotel Accommodations ($660) - Meals ($180) and Miscellaneous Expenses ($90). Estimated total for this Conference is $1 ,596. pw memo Encls. /9c. - J - - - - - - - - Con fer e n c e Historical Sketch The Japan-American Conference of Mayors and Chamber of Commerce Presidents is an international, non-profit organization representing the combined interests of city officials and their respective business leaders, from two very influential nations. The first conference was held in 1951 under the sponsorship of the Tokyo Metropolitan Government to commemorate the signing of the San Francisco Peace Treaty. A group of mayors and chamber of commerce presidents 0/ major cities from the Pacific Coast were invited to Tokyo to exchange views and opinions on common problems and promised to promote future cooperation between the two nations. Since that time, city and blisines31eadersfrom the two nations have met biennially in alternate countries to develop and maintain a mutual and progressive understanding between Japan and the u.s. In the past years. former host cities have included Los Angeles, Portland, San Diego, Tokyo, Hiroshima, Osa/<Q and Sendai. ,A; /'lc -,;}. - . tl, ~J A PAN ~AMERICAN j CONFERE~CE ~ !ACRAMENTO October 10 - 14, 1993 Hyatt Regency Sacramento Sacramento Community Convention Center Sacramento hosts this biennial international conference in October for the prestigious group of 400 mayors and chamber of commerce presidents from Japan and the u.s. Conference forums will include topics covering technology, trade, commerce, industry, tourism and the present tUJO nations. and future challenges facing the - \ IBLI \ E." IVnrthu.1€st Airlines serves as the Japan-American Conference Sacramento air carrier of record, providing transportation services for all conference delegates. u.s. DELEGATES: Northwest joins the Sacramento conference to offer special fares to conference travel- ers. Delegates may obtain 5 percent offany published round trip domestic airfare (including advance purchase tickets). Options ohm available include discounts up to 15 percent off unrestricted fares. For further details and to qualify for these savings. you or your travel agent must book your reservation through Northwest Airlines Meet- i ng Services Desk. Call1-800-32B- 1111 and be sure to use the confer- ence account number: NCBF]. JAPANESE DELEGATES may receive special conference airfare arrangements through }TB. Delegates may contact lTB travel agencies at any location in Japan. 1'/"'/0 Credits: Uoc~'rri.~(' 'fo!' 1,l'f/: Tom \hers llnltt Rel!(>/lf"Y SflfTllmPllto ~/(T(""f'lltO C01!t'f'IItioll &: risiwrs Burf'ulI 1JurJ.-h'ormuII - ~ .~~~._------ - - - - Become A Part OfT h e Con fer e n C e - - - - - Delegation... Hyatt ReRenc,. Sucramento: The host hotel is centrally located a few steps from the State Capitol and Capitol Park and adjacent to the Community Convention Center. A magnificent view, matched with -, - ~~ I/:;:;;;:ItY ----. -...-.......... -" ~ ~-=------- :-:==. ~~ -!- ;-,.'1' -;;;: .;.-;] :Ir~\ ~, . t . "3d .:f.tJ':t"', it, 't', . - , " ~~. w;lJ ' Jf,' ~ - -_~:'1i;\~?: ~ ~ '., create the perfect conference setting. stylish accommodations., meetings rooms. restaurants and entertainment area!"; Sucramento Community ConTention Center: Site of the scheduled conference functions., the facility is adjacent to the Hyatt Regency, close to puhlic transit and minutes from the Sacramento Metropolitan Airport. The state-of-the-art theater, activity building and exhihit hall facili- ties provide a comfortable and convenient setting for the conference. /9c -' J '~ - - ~ ~~ Both the Hyatt and Convention ('...enter are within walking distance of major retail shopping areas along the K Street Mall, Old Sacramento and the California State Railroad Museum. ~~ - - - - - - "Improving The Quality Of Urban Life" - - - The Sacramento conference theme reflects the vision of both countries as they each look for creative solutions that will improve the quality of life and economic health of their cities. The delicate balance of urban life matched with growth and the preservation of environmental~ social and cultural resources has become the focus of the '"9O's and into the 21st Century. The conference will explore these important issues and provide cities, business and industry with the guidance necessary to develop innovative approaches to economic survival. Located in the Sacramento Community Convention Center and the Hyatt Regency Sacramento. the conference sessions liona] business leaders focusing upon: include keynote addresses from governmental and interna- ~A;4 --- tA, IJ A PAN ~AMERICAN ~ commCE ~ ~\CR.nIE\TO *Similarities and differences of the two cultures 'Social and philanthropic responsibilities and practices of global corporations 'What businesses should know before locating abroad, from governmental regulations to environmental and social issues *Environmental strategies, with emphasis on recycled products *The future impact of communication and transportation technology on the quality of urban life 19c - i "',lI'r<lIlH'nlu wa!' ehosen as the capital t"il' of California hecause of its ~'~"~I'ilphi(' (....ntrality and its early ,'("ollollli,' importance in the gold rush 1''',1 "111'11 California first became a polili!".II}'ar! of the United States. \0" known a!' thf" sixth fastest ~n,"ilJ;! ('oI1HlHmit), in Americ-a and 11\1' ('IJIIIIII'~ \ 19th large!'t media 11I;11'1..1'1. tilt' metropolitan area boasts IIII' :0-/'('( 11111 hi~ht"st spendable income ill IIII' l ~...;. ;o.;wr<lllwnlo ha!' also heen highlighted a.. 0111' of tilt' IH'I4 eitit'i'i to locate to and i'OllIllId bll~ilH"ss in with a growing population thai n..flects this fact- ;.:nmth in tl)(-' last decade to its 11I"1''1'lIt }}(IIHllation of 1.6 million. The IlllIlti-c'ultllral population is also part of ;-i..uTamt'nto's strength, with illlp,wlant Japant'sf' and Chinese t'olllIHunitit's (Iating hack to the 1800's. J,tll'flliu//: Flllllul"d at tht-' ('onflllence of the ;-\;wl'alJlI'nto and Ameriean Rivers. ~a(Talllf'nto now has grown across the (:('lItl':ll Yallt')' and up into the flHltllill~ (If the Sierra Nevada Moun- tain... S.uTamento's nickname as "I{i,,,r City" applies to its outdoor 1'11\ ironnwnt. - - - - - - - - - S a c r a m e n t o , Th e S t a t e C a p i t a I R i c h W i t h T r a d i t i 0 n A n d H i s t 0 r y East of Sacramento (approx. one and one-half hours distance) is the mountain resort area of Lake Tahoe with boating, golfing, gambling casinos and a dozen or more ski resorts nestled among the mountains., including Squaw Valley, home of the 1960 Winter Olympics. West of Sacramento is the San Francisco Bay Area (approx, one and oJ1(~-half hours distance) offering a cultural mix, historical and tourist attractions, restaurants., shopping districts, museums and recreation. In the heart of these two areas is Sacramento, known as the "City of Trees" - for the green carpet of trees covering the City. And, as the ""Camellia Capital of the W orld," Sacrame"Q-to's annual festival honors this civic flower. Sacramento i~ also recognized internationally for its Dixieland Jazz Jubilee-a gathering of over 100 international Dixieland musical groups., the largest such festival in the world. The past is on display in dozens of settings across the City including: *The historic Old Sacramento Waterfront *California State Railroad Museum. the largest of its kind in the nation *Sacramento History Museum *Towe Ford Museum, featuring every style of automobile that Ford Motor Co. produced over 50 years * The Leland Stanford Mansion, the Victorian home of Governor Sta nford. transcontinental railroad magnate and founder of Stanford University *Governor's Mansion, the Victorian structure that served as home to 13 governors *Sutter's Fort-Sacramento's birthplace. A brick-walled fort where Sacramento founder, John Sutter, first landed and met Indians when he arrived in sacramento *State Indian Museum *Crocker Art Museum, the West's oldest art museum . , · J - . .;.1' . ..' .,'. '.- ~ ,'~'.. fP'- "... _". '"-I "_."" -'/~tClj -ir" ~'~~~:~_ Photo Credits: Left to Right Mark h'ormun Dat'f'U"'lr)" life -5' ~~ '-- -.- - - - - - - - - Con fer e n c e Schedule o f Events Saturday, October 9 All Day "Partners For Prosperity" Exhibit Show Open to the Public Sunday, October 10 All Day "Partners For Prosperityl1 Exhibit Show Open to the Pnblic Japanese Delegation Tour Delegations Welcoming Fanfare and Reception. State Capitol Rotunda Afternoon Early Evening Monday, October 11 Morning Spouse Program - Varions Historical/T ourism/ Shopping Sites Joint Delegation Special Welcoming Breakfast '~Partnel"8 for Prosperity" Exhibit Show Delegations Luncheon hosted by City of Matsuyama Conference Opening Ceremonies and Session Delegations Reception and Old West Barbecue, hosted by Stanford Ranch Morning All Day Noon Afternoon Evening Tuesday, October 12 AllDay All Day Morning Noon Spouse Program - Various Historical/T ourism/ Shopping Sites "Partners for Prosperity" Exhibit Show First Conference Plenary Session Delegates Luncheon at the Crocker Art Museum, hosted by Aerojet Three Concurrent Conference Breakout Sessions Delegations In-Home Dinner Hospitality throughout Sacramento Afternoon Evening ";6 19c...t - tA, ~J A PAN ~AMERILAN ~ CO~FERE~CE ~ SACRA\lmO Wednesday, October 13 Morning Spouse Program - Various HistoriealJ Tourism/Shopping Sites Morning '''Partners for Prosperity" Exhibit Show ,i\lorning Three Concurrent Conference Breakout Sessions Noon Delegations Luncheon hosted by Sacramento Area Commerce & Trade Organization Afternoon Conference Inspection Tours Evening Delegations Reception and Dinner in historic Old Sacramento and the California State Railroad Museum, hosted by Sacramento Convention & Visitors Bureau Thursday, October 14 Morning Second Conference Plenary Session Late Morning Conference Closing Ceremonies and Session Afternoon Sayonara Party at State Capitol Park, hosted hy Union Bank Late Afternoon Sister City Seminar and Reception '{w;tll tdir'tties "111' ('(Inference will introduce d,.It'f!ah-'~ to various Sacramento allnH'tiuns with many of the luncheon arlll t'\'pning functions incorporating ",ilt,... that showcase the region~s quality of lifl'. .\ f!t'J1prous sampling of Sacramento ho"'pitality is provided, from a special n.e"plion in the beautifully restored :"ililtp Capitol Rotunda, a barbecue and rodpo in the wide open northeastern n'f!ion. to a luncheon gathering in the (~nM'kt'r Art Museum, in-home dinner ho",pitality throughout the four munt)' rpgion, the dramatic frontier and I'olonial spiting of Old Sacra- IIwnlo and thf" State Railroad Museum awl Ihe luxuriant garden setting of :"ita It' Capitol Park. - ~ - tA, ~J A PAN ~AMERI~AN ~ comRE~CE ~ ~ACRAME~TO - - - - - - - - - Con fer e n c e Activities The S o f t s & Sounds i g h Sac ram e n t 0 Conference Tours A full afternoon of the conference is dedicated to tours that center on the conference theme. Medical., environmental. energy and educational choices are offered that will provide delegates with hands on opportunities to learn more about the region. Sites offered include: 'Sutter General Hospital, DC Davis Medical Ceuter 'City Waste Disposal Collection Facility *Tours of universities-CSU Sacramento and UC Davis *The noted enology facilit), on the campus of UC Davis *Sacramento Municipal Utilities District Spouse Program Tours Spouses attending the couference will he greeted with a full slate of activities that capture the historical, business and grand shopping attractions of the Sacramento region. Post-Conference Tours Following the conclusion of the conference., a variety of options are offered to delegates and spouses who want to relax and enjoy the excellent weather, community activities and tourism attractions of the area. Delegates can lengthen their visit in Sacramento with a weekend jaunt to the popular Napa Valley wine country, a trip to the area's prestigious Senior PGA Gold Rush Tournament, or a visit to the beauty and excitement of Lake Tahoe with recreation. gaming and entertainment activities to fill a weekend. If you would like to take advantage of the post-conference tours, please indic.ate your interest on the registration form and we will send further information and price packages. All conference and post-conference tour options are offered to delegates to enhance your visit to the Sacramento region. Conferenee applications and additional infonuation can he obtained through the following: Oark Goecker, Secretary-Manager Japan-American Conference 1400 K Street, Suite 400 Sacramento, California 95814 USA Telephone: (9161 443-4136 Fax: (916) 444-8671 Haruyasu Taniguchi, Secretary-Manager Japan-American Conference c/o Tokyo Metropolitan Government 2-8-1 Nishishinjuku Shinjuku-ku, Tokyo 163-01 JAPAN Telephone: (03) 5388-3169 Fax: (03) 5388-1329 '''7 /9c - ? - - - - - - - - - "Partners F t y " o w o r P E x h e r i r 0 s p i bit S h For the first time in the conference's history, an opportunity exists for Japanese and American businesses and municipalities to share their accomplishments and plans for the future. Located in the Exhibition Hall of the Sacramento Community Convention Center, the exhibit show will host displays featuring the latest in technology, cultural islands which blend Japanese culture and American influence. hands-on activities and a variety of unique business and leisure goods and services. ,1~8 Photo Credit: Sf!('ramento Corn'€ntion & Visitors Bun>au /9c- 8" .1, !J A PAN ~AMERICAN J CONFERE~CE; ~Acmmo Individuals interested in Exhibit Show information and becoming an exhibitor at the show may contact: Allen Goldstein Market Development Internatiollul 3445 American River Drive. Suite [) Sacramento, California 95864 [;;1 Telephone: (916) 487-3278 Printing Donflted B)" Suffer Jlp!lith REGISTRATION FORM Please fill Qut one form for each attending delegate, Qnd be sure all information is included. GENERAL INFORMATION Full Name (Mr./Mrs./Ms.) Nader Tim .1" ~J AP A ~ HMERILAN J OOWEllIC[" ,\CR\MmU City /Charnber of Commerce LAST City of Chula Vista "'" Title Mavor Corporate Affiliation Title Mailing Address 276 Fourth Avenue Chula Vista, California 91910 Telephoner 619) 691-5044 My spouse will attend 1:1 My spouse will not attend'j( Full name of spouse c~, "~, HOTEL RESERVATIONS The Confcrrner Hotel is the Hyatt Regency, 1209 L Street, Sacramento, California 95814, telephone: (916) 443-1234,fax: (916) 321-6631. Please indicate guest room desired: ~ Single (1 person)@$I00pernight. ':I Double (1 bed/2 people)@$120pernight. :I Twin (2 beds/2 people)@$120pernight. Executive Suite (parJor plus one bedroom) available upon request. (Plus 11.5% applicable tax, No gratuity/service charge is included in the above rates.) Che<:k in date 10/09/93 Che<:koutdatel0/15/93 Total Nights 5 I will settle my account by: 1:1 Cash 1:1 Credit Card H credit card: Card Type Holder's Name Expiration Date Card Number A room deposit is requiredjor the first niRht's stay. Ifpaying by rash, please enclose check wIth reglstratw/! or fill out credit information. Signature AIRFARE ARRANGEMENTS/ARRIVAL SCHEDULE Northwest Airlines joins the Sacramento conference to offer special fares to conference travelers. Delegates may obtain 5 to 15 percent off pubJished airfares. For further details please call1-800~328-1111 and be sure to use the conference account number: NC8FJ. Date of arrival Airport Airline Flight#_ Date of departure Airport Airline Flight#_ PROGRAMS In-Home Hospitalitv Pro2:ram - Tuesday, October 12, 5:30pm to 9:00 pm. I will attend 1:1 my spouse wilJ attend :I the In-Home Hospitality Dinner Program in various homes of Sacramento. Conference InsTlection Tours - Wednesday, October 13, 1 :30 pm to 5:00 pm. Please indicatf! your preference of the folIOtLling -first (1), seco/!d (2), and third (3) choice: _Medical Facility Tour - Sutter General Hospitals Centers of Excellence; University of California, Davis Medical Center. _Waste Disposal and Collection Facility Tour ~ Sacramento City Landfill site. _Education Facility Tour - California State University, Sacramento and University of California, Davis. _Wine Facility Tour ~ University of Calitomia, Davis, _Power /Communication Facility Tour - Sacramento Municipal Utilities District. Post Conference Tours Fridav, October 15 and Saturday October 16 I will attend :J my spouse will attend 1:1 the Napa Valley Winery Tour. Special Note: If you are interested in t'isitmg any oj thl'tourism areas ajter theconjerence, pleaSf!check desired lour at left and we wi/lsend you further informatwnandprlCepackages. Friday, October IS to Sunday, October 17 I wiJl attend U my spouse will attend ::I the Senior PGA Gold Rush Tournament. I will attend 1:1 my spouse will attend 0 the Lake Tahoe Excursion. /9c -9 REGISTRATION Registration Fee: $150 per delegate and $75 per spouse ~ 00 Enclosed please find my che<:k for $ / n covering registration fees and room deposit made payable to the Japan-American Conference. MAIL REGISTRATION FORM AND CHECK TO Keep one copy of this form, and return the other two to: Registration form and fees must be received by Augusl13. 1993. Mr. Clark Goecker Secretary-Manager IOP&n-American ConIerenceofMllyom """ Chamber of Commerce Presidents 1400 K Street, Suite 400 Sacramento, CA USA 95814 Telephone: (916) 443-4136 Fax: (916) 444-8671