HomeMy WebLinkAboutAgenda Packet 2006/04/25
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CIlY OF
CHULA VISTA
Stephen C. Padilla, Mayor
Patricia E. Chavez, Council member David D. Rowlands, Jr., City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
April 25, 2006
6:00 P.M.
AGENDA
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the Council Chambers
Office of the City Clerk and that I posted this C. H II
document on the bulletin board according to lty a
Brown Act requirements. . Li.. 1M .?on 0 _ 276 Fourth Avenue
CALL TO ORDER Dated ~~ b Signed ~# fJ.~
ROLL CALL: Councilmembers Castaneda, Chavez, McCamt, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE:
William E. Hieronimus, Board of Appeals and Advisors
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JIM
THOMAS, SENIOR VOLUNTEER PATROL, PROCLAIMING APRIL 25, 2006 AS
SENIOR VOLUNTEER PATROL APPRECIATION DAY IN THE CITY OF CHULA
VISTA
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DIANE
GAS WIRTH, AREA SALES MANAGER FOR SECURE HORIZONS OF
P ACIFICARE, PROCLAIMING APRIL 22, 2006 AS "UNITED WE PAINT DAY"
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARY
MOWRY, MEMBER OF THE BOARD OF DIRECTORS, PARKlNSON'S DISEASE
ASSOCIATION OF SAN DIEGO, PROCLAIMING APRIL 2006 AS "NATIONAL
P ARKlNSON'S DISEASE AWARENESS MONTH"
. DID YOU KNOW...ABOUT THE CITIZENS' POLICE ACADEMY? Presented by
Captain Gary Wedge
CONSENT CALENDAR
(Items 1 through 4)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public. or
City staff requests that an item be removed for discussion. lfyou wish to speak on
one of these items. please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
I. APPROVAL OF MINUTES of March 28, March 30, and April 4, 2006.
Staff recommendation: Council approve the minutes.
2. WRITTEN CORRESPONDENCE
A. Request from Councilmember Rindone for an excused absence trom the Council
Meeting of April 4, 2006.
Staff recommendation: Council excuse the absence.
B. Request from Councilmember McCann for an excused absence trom the Bi-
National City Council Meeting held March 30, 2006.
Staff recommendation: Council excuse the absence.
C. Letter of resignation trom Dan Horn, member of the Planning Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING CITY DEPARTMENTS, WORKING WITH THE PURCHASING
DIVISION, TO ACQUIRE UNIFORMS, INCLUDING RENTAL, LAUNDERING,
PICK-UP, AND DELIVERY FROM PRUDENTIAL OVERALL SUPPLY ON AN AS-
NEEDED BASIS, PER TERMS AND CONDITIONS OF COUNTY OF SAN DIEGO
RFB 885 WITH PRUDENTIAL OVERALL SUPPLY FOR THE DURATION OF RFB
885, SUBJECT TO AVAILABILITY OF FUNDS
Between ISO and 200 City employees from various bargaining groups are provided
uniforms. The City of Chula Vista has an opportunity to participate in a cooperative
program with the County of San Diego for a uniform service contract with Prudential
Overall Supply at favorable terms and pricing. (Finance Director)
Staff recommendation: Council adopt the resolution.
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April 25, 2006
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH Y ACOEL PROPERTIES AND
AUTHORIZING THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE
DESIGN AND CONSTRUCTION OF A PORTION OF THE AUTO PARK SEWER (A
COMPONENT OF THE SALT CREEK TRUNK SEWER)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE TRANSFER OF A PORTION OF THE FUNDS IN THE
AMOUNT OF $83,202.80, PREVIOUSLY ALLOCATED FOR THE
CONSTRUCTION OF THE AUTO PARK SEWER TO THE DEPOSIT ACCOUNT
FOR "THE CROSSINGS" PROJECT (DE2002)
Yacoel Properties recently completed the installation of 540 lineal feet of eight-inch PVC
(of a portion of the Auto Park Sewer) as part of The Crossings development. The Auto
Park Trunk Sewer line was originally planned and budgeted for as part of the Salt Creek
Trunk Sewer Project (SW2l9). However, since this portion of the trunk line traversed
The Crossings project and would have required trenching through their new facilities, the
City and the developer reached an initial understanding that the developer would
construct said portion of the trunk sewer and be reimbursed from the City's original
project funds (upon authorization by Council). The project has been completed and the
developer is now seeking reimbursement for costs associated with the project. (Acting
Engineering Director)
Staff recommendation: Council adopt the resolutions.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law general~v prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following item has been advertised as a public hearing as required by law. If
you wish to speak on the item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
5. CONSIDERATION OF ESTABLISHMENT OF THE BAYFRONT UTILITY
UNDERGROUND DISTRICT TO UNDERGROUND OVERHEAD 138 KV
ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) AND SUPPORTING
STRUCTURES ALONG THE CHULA VISTA BA YFRONT
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On March 21, 2006 the Council approved Resolution No. 2006-087 and ordered a public
hearing be held to detennine whether the public health, safety and general welfare
requires the fonnation of a utility undergrounding district to underground the 138 kV
electrical transmission lines and supporting structures. SDG&E allocation funds will be
used to cover the cost of the project. The tenns for the perfonnance of this work were
outlined in the Memorandum of Understanding between the City and SDG&E dated
October 12,2004. (Acting Engineering Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CHULA VISTA
ESTABLISHING THE BA YFRONT UTILITY UNDERGROUND DISTRICT
TO UNDERGROUND OVERHEAD 138 KV ELECTRICAL TRANSMISSION
LINES (TIE LINE 13815) ALONG THE CHULA VISTA BAYFRONT AND
SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND TOWER
188701, INCLUDING TOWER 188701
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
6. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RE-OPENING OF
OLD FIRE STATION 3 TO PROVIDE ADDITIONAL FIRE AND EMERGENCY
MEDICAL SERVICES TO THE COMMUNITY
The Fire Department is recommending the re-opening of old Fire Station 3, located at
266 East Oneida Street, as interim Fire Station 9. This station will be staffed on a 24-
hour basis by moving the engine company from current Fire Station 3. The current Fire
Station 3 will be staffed with the Light and Air Rescue Truck that will be fully staffed
and put into service. The opening of interim Fire Station 9 will enable the Fire
Department to maximize the usage of available resources and enhance services to the
community. (Fire Chief)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FIRE DEPARTMENT TO RE-OPEN OLD FIRE
STATION 3, LOCATED AT 266 EAST ONEIDA STREET, AS INTERIM FIRE
STATION 9 TO PROVIDE ADDITIONAL FIRE AND EMERGENCY
MEDICAL SERVICES TO THE COMMUNITY, AND AMENDING THE
FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET, APPROPRIATING
$55,056.55 FOR THE PURCHASE OF EQUIPMENT AND MATERIALS
REQUIRED TO COMMENCE STATION OPERATIONS (4/5THS VOTE
REQUIRED)
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B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, PS164,
ENTITLED "INTERIM FIRE STATION #9 IMPROVEMENTS," AMENDING
THE FISCAL YEAR 2006 CAPITAL IMPROVEMENT BUDGET,
APPROPRIATING $27,851 FOR IMPROVEMENTS REQUIRED FOR RE-
OPENING THE STATION
7. CONSIDERATION OF LEGISLATIVE POSITIONS ON 2005/2006 BILLS
INVOLVING SCHOOL PEDESTRIAN-BICYCLIST SAFETY PROGRAMS
Staff is requesting Council consideration of legislative positions on 2005/2006 bills
involving pedestrian and bicyclist safety programs in and around school zones.
Assembly Bills 1324 (Vargas) and 2465 (De La Torre) would offer local governments
new types of traffic-calming programs for school zones. (Assistant City
Manager/Community Development Director)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING LEGISLATIVE POSITIONS ON 2005/2006 LEGISLATION
INVOLVING SCHOOL PEDESTRIAN-BICYCLIST SAFETY PROGRAMS:
AB 1324 (V ARGAS) AND AB 2465 (DE LA TORRE)
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
9. MAYOR'S REPORTS
10. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
Agency designated representatives: David D. Rowlands, Jr., Marcia Raskin
Employee organization: International Association of Fire Fighters
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April 25, 2006
ADJOURNMENT to the Regular Meeting on May 2, 2006 at 4:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (6/9) 69/-504/ or
Telecommunications Devicesfor the Deaf(TDD) at (6/9) 585-5655. California Relay Service is
also available for the hearing impaired.
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April 25, 2006
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 28, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:14
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and
Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY CAROLINA GREGOR, SENIOR REGIONAL PLANNER,
SANDAG, REGARDING THE "SMART GROWTH CONCEPT MAP"
Ms. Gregor made the presentation and noted upcoming public workshops to be held throughout
the region, including National City and San Ysidro in the south bay. Councilmember Rindone
asked that SANDAG give serious consideration to scheduling an additional workshop in
Eastlake, since Chula Vista will be greatly impacted and residents should have the opportunity to
participate.
. PRESENTATION BY ALISON RICHARDS-EVENSEN, REPRESENTING SANDAG,
OF THE "DIAMOND AWARD" FOR THE CITY'S TRANSPORTATION DEMAND
MANAGEMENT PROGRAM, THE CHULA VISTA XPRESS
Ms. Richards-Eversen presented the SANDAG "Diamond Award" to Mayor Padilla, who
accepted on behalf of the Council and City.
. DID YOU KNOW...THE CITY RECENTLY CUT TAXES FOR OVER 11,000
PROPERTY OWNERS?
Presented by Maria Kachadoorian, Finance Director, and Nadine Mandery, Treasury
Manager.
Finance Director Kachadoorian introduced Treasury Manager Mandery, who provided the
presentation and responded to questions from the Council. Councilmember Rindone requested a
written memo regarding the percentages maintained in reserves for Community Facilities
Districts.
Iff
DRAFT
CONSENT CALENDAR
Mayor Padilla stated that he would abstain on Items 1 and 2, since he owns property within 500
feet of the subject areas. Deputy Mayor McCann stated that he would abstain on Item 2, since
his residence is within 500 feet of a school or park.
1. ORDINANCE NO. 3033, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2482 AND CHAPTER 10.64 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO TRUCK ROUTES, THEREBY AMENDING
SCHEDULE VII AS MAINTAINED IN A REGISTER BY THE CITY ENGINEER
(SECOND READING)
.
There have been many changes to the City's circulation system since the truck routes
ordinance was last modified in 1991. Recently, staff has reviewed the existing truck
routes and recommends several changes in order to clarity the intended usage of existing
streets throughout the City; and classify some future streets depicted on the approved
entitlement documents for Villages 2, 6, 7, 11 and Planning Area 12 of Otay Ranch.
This ordinance was introduced at the meeting of March 21,2006. (City Engineer)
Staff recommendation: Council adopt the ordinance.
2. ORDINANCE NO. 3034, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ADDING CHAPTER 9.80 TO THE CITY OF CHULA VISTA
MUNICIPAL CODE TO REGULATE THE PROXIMITY OF SEX OFFENDERS TO
CIDLDREN'S FACILITIES (SECOND READING)
Convicted sex offenders pose a clear threat to children residing in or vlsltmg our
community. Convicted sex offenders have a much higher recidivism rate than other
violent felons and, therefore. The City Council desires to impose additional safety
precautions to further the goal of protecting children throughout Chula Vista. This
ordinance was introduced at the meeting of March 21, 2006. (Police Chief)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2006-090, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING STREET IMPROVEMENT DEFERRAL
AND LIEN AGREEMENT WITH MARICOPA ASSOCIATES, LLC, FOR THE
PROPERTY AT 1805 MAXWELL ROAD (APN 644-040-61-00) ACCORDING TO
COUNCIL POLICY NO. 503-03
Arizona Maricopa Associates, LLC, has proposed construction of a temporary vehicle
storage yard at 1805 Maxwell Road. The improvement certificate on the parcel map for
the site requires the construction of certain street improvements along the east side of
Maxwell Road prior to any development on the property. Due to the temporary nature of
the proposed development, the Engineering Department recommends that the street
improvements, estimated to cost approximately $13 5 ,822, be deferred until a permanent
development is proposed in order to ensure the improvements will match the ultimate
development of the site. City Council approval is required for any improvement deferral
in excess of $30,000. (City Engineer)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (continued)
4. RESOLUTION NO. 2006-091, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE COUNTY OF SAN
DIEGO AGING AND INDEPENDENCE SERVICES FOR THE EXPANSION OF THE
SCHOOL NUTRITION ADVOCACY PROGRAM (SNAP) AT THREE CHULA
VISTA ELEMENTARY SCHOOLS USING OLDER ADULT VOLUNTEERS,
AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET
BY APPROPRIATING $20,000 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE
REQUIRED)
The intent of the grant is to continue the development of the Recreation Department's
Life Options Program by offering expanded opportunities for adults in retirement to give
back to their community. The County of San Diego Aging and Independence Services is
providing $20,000 to expand the School Nutrition Advocacy Program (SNAP) to three
elementary schools in Chula Vista using retired adults as volunteers. (Recreation
Director)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION NO. 2006-092, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO "G" STREETS FOR THE CINCO DE MAYO CELEBRATION ON
APRIL 30, 2006 FROM 4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
B. RESOLUTION NO. 2006-093, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO "H" STREETS FOR THE LEMON FESTIVAL ON AUGUST 13, 2006
FROM 4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES,
AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT
C. RESOLUTION NO. 2006-094, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D"
STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH
A VENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL
STARLIGHT PARADE ON DECEMBER 2,2006 FROM 1 P.M. - 10:00 P.M., AND
WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
D. RESOLUTION NO. 2006-095, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
FOR SPECIAL EVENTS FOR 2006 AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
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March 28, 2006
DRAFT
CONSENT CALENDAR (continued)
Adoption of the resolutions approves the closures of Third Avenue and other various
streets for annual special events in 2006. (Communications Director)
Staffrecommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2006-096, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY'S PURCHASING AGENT TO
INCREASE AN EXISTING PURCHASE ORDER BY $125,000 WITH RBF
CONSULTING FOR MUNICIPAL PLANNING SERVICES FOR THE REMAINDER
OF THE FISCAL YEAR
The existing agreement with RBF Consulting is for professional planning services for the
Development Services section of the Planning and Building Department. This has
provided the department with the ability to handle short-term increases in planning
application filings without hiring additional permanent city staff. The consulting
planners are primarily assigned to planning applications with full cost recovery
agreements so that the applicants will pay all costs associated with the contract. Due to a
greater than anticipated volume of work this fiscal year, the budgeted and purchase order
amounts will soon be exceeded and need to be amended so that RBF Consulting can
continue to provide this service until the end of the fiscal year. (Planning and Building
Director)
Staffrecommendation: Council adopt the resolution.
ACTION:
Deputy Mayor McCann moved to approve staffs recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0,
except for Item 1, which carried 4-0-1, with Mayor Padilla abstaining; and Item 2,
which carried 3-0-2, with Mayor Padilla and Deputy Mayor McCann abstaining
due to the "rule of legally required participation."
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Monica Hernandez thanked the Council and staff for their assistance with traffic safety issues in
front of Cook Elementary School. .
Patricia Aguilar, representing Crossroads II, requested a third public workshop on the Urban
Core Specific Plan, a complex but important regulatory document. She believed it was important
to help the public understand the plan and provide input before it goes into the environmental
review stage. Councilmember Castaneda stated that there is an expanded advisory committee
meeting tomorrow evening that will include public input. He suggested that a decision on an
additional workshop be postponed until after the committee meeting and asked staff to bring
back a report next week. Councilmember Rindone supported the referral to staff.
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PUBLIC COMMENTS (continued)
The following speakers asked the Council to expedite approval of the Sunbow Villas
condominium conversion project, as they are potential homebuyers and wish to move into the
project as soon as possible: Dontay Young, Hean Kao, and Kim and Greg Brown.
Earl Jentz, representing the Northwest Civic Association, requested additional evemng
workshops for the public on the Urban Core Specific Plan.
Craig Moroy requested assistance in locating a facility on the west side of the City for weight
lifting, citing the expense of local gyms. Mayor Padilla asked staff to contact Mr. Moroy.
Kevin O'Neill asked the Council to waive privilege on correspondence and memoranda between
the City Manager and City Attorney regarding the Kanter contract so that all documents and
information would be available to the public. The Mayor responded that an item would be
scheduled on next week's agenda under Mayor's Comments for him to discuss and answer the
public's questions regarding the Kanter contract.
ACTION ITEMS
7. CONSIDERATION OF ADOPTION OF A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, THE GAS TECHNOLOGY INSTITUTE,
AND THE CENTER FOR ENERGY STUDIES AT SAN DIEGO STATE
UNIVERSITY
Consistent with the Mayor and City Council's VISIOn to establish a collaborative
university campus with a strong research component, the City has been selected as the
permanent site for the U.S. Department of Energy-sponsored National Energy Center for
Sustainable Communities Research Institute. Adoption of the resolution approves a
memorandum of agreement (MOA) with the Gas Technology Institute and the Center for
Energy Studies at San Diego State University to establish and operate the National
Energy Center for Sustainable Communities. (Community Development Director)
Assistant City Manager Madigan recognized Dr. Lee Kerschner, Vice Chancellor Emeritus,
California State University and Chair of the Chula Vista University Park and Research Center
(UPRC) Blue Ribbon Committee; Dr. Alan Sweedler, Director of the Center for Energy Studies
and Enviromnental Sciences at San Diego State University; Dr. David Rohy, PhD, member of
the Board of Directors of the Gas Technology Institute (GTI); and Blue Ribbon Committee
(BRC) member Mary Salas. Next, Ms. Madigan provided an update on the university project,
stating that the first critical component to address was Education and the key task was to create a
prospectus to cover everything done to date. A subcommittee of the BRC, known as the
Academic Prospectus Task Force (APTF), wrote the prospectus, which includes the campus
mission, the vision for the University Park Research Center, guiding principals for the
collaborative campus, and goals for collaboration. The APTF was composed of Presidents, Vice
Presidents and faculty from four institutions of higher education. The draft prospectus is now
complete and will be presented to the BRC on May 8th and then to the Council for final approval
and public release. The next step is for the four APTF partners involved in the creation of the
prospectus to return to their respective organizations to conduct dialogues to determine what
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.
DR;~FT
ACTION ITEMS (continued)
.
commitments will be made to bring programs from those organizations to the UPRC. The
prospectus will also be used as a tool to further discussion with other potential partners. The
second component was Research. Dialogue has continued with the Department of Energy and
GTI with the goal to bring the first committed research partner to the UPRC. The final
component of the concept is Economic Development. Staff believes that once the education and
research pieces of the UPRC come into place, the collaborative campus will activate interest
from corporations wanting to co-locate at the regional technology park adjacent to the UPRC.
The location of the new National Energy Center provides a clear focus for economic
development efforts, and the UPRC prospectus includes research and technological and
corporate clusters that may be attracted here because of the research institute. The three
components came together to create the UPRC, and the Blue Ribbon Committee was used to
coalesce all of the concepts. Staff is continuing negotiations on land acquisitions and is intent on
having them, along with major deal points, created prior to the May 8th presentation of the
prospectus to the BRC, which will be followed by a formal workshop with the BRC and Council
to review the final prospectus as approved by the BRC, to ask for Council approval on the land
acquisition agreements, and to review the proposed next steps for the UPRC project.
.
Economic Development Manager Stone provided an overview of the competitive process for
establishing the U.S. National Energy Center for Community Sustainability. The partnership is
with the Center for Energy Studies at San Diego State University and the Gas Technology
Institute of Illinois. The U.S. Department of Energy is also involved as a major research
sponsor. Backgrounds were provided on each organization. He then acknowledged the City
Council's commitment to the university project and its understanding of what it could mean to
the community from an educational and economic development standpoint; the City's
commitment to the environment; the Planning staff of the City for their planning practices of
smart growth; and the development community for the acceptance and enthusiasm for
participating in the research for this project. The National Energy Center will have four primary
focus areas: 1) Primary and Applied Research, 2) Professional Education and Training, 3)
Technology and Management Practice Demonstration, and 4) Facility Capital Campaign. The
action requested of the Council at this meeting was to review and authorize the MOA to establish
the three-way partnership with GTI, San Diego State University Center for Energy Studies and
the City of Chula Vista as co-administrators in the research institute.
The following people spoke in support of the approval of the MOA to establish and operate the
National Energy Center:
Dr. Kerschner, Vice Chancellor Emeritus, California State University and Chair of the Chula
Vista University Park and Research Center (UPRC) Blue Ribbon Committee, expressed his
pleasure at being a participant, as well as his confidence that the university would be built. He
also commended City staff, stating they were marvelous to work with.
.
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ACTION ITEMS (continued)
Dr. Sweedler, Director of the Center for Energy Studies and Environmental Sciences at San
Diego State University, stated that the Center would become a model and proving ground to
develop technologies and train people to go out and put theIr knowledge into practice. Further,
he commented that Chula Vista is most progressive in tems of energy standards.
Dr. Rohy, PhO, member of the Board of Directors of the Gas Technology Institute, stated that his
was a non-profit research organization with over 300 scientists spending $50 million on research
per year. They had been looking for a living laboratory where they could practice in the field
when they found Chula Vista.
Ms. Salas, prior Chula Vista Councilwoman and member of the Blue Ribbon Committee, noted
that the university would be a regional asset, serving students from all over the south bay for
years to come. Additionally, hundreds of jobs would be created so that citizens could work in
the area in which they live.
Deputy Mayor McCann thanked Dr. Kerschner for his leadership and noted that Ms. Salas and
Councilmember Rindone were the original Councilmembers to serve on the Blue Ribbon
Committee. He then thanked staff members Gustavo Perez, Denny Stone and Laurie Madigan
for finding GTL
Councilmember Rindone thanked the many citizens who participated in the CO2 production
project and the EPA for its 2003 award to the City, both of which contributed to GTI's selection
of Chula Vista. Further, he expressed pleasure at the participation of San Diego State University,
noting that this is a Blue Ribbon Day in Chula Vista.
Councilmember Castaneda congratulated staff and the Blue Ribbon Committee for their hard
work, noting that this project is extremely important for the future of this region and the entire
globe.
Councilmember Chavez stated she was honored to be a part of this model project, which will not
only educate and train our children, but introduce them to subjects they have never experienced
before.
Patricia Aguilar, representing Crossroads II, stated that her organization was delighted at this
development and was looking forward to Chula Vista becoming a center for the South Bay.
Mayor Padilla commended the Council and staff for their tradition of great faith, confidence and
dreams for success for the City, and added special congratulations to Laurie Madigan for her
tenacity and efforts.
ACTION:
Councilmember Rindone then offered the following resolution, heading read, text
waived:
Page 7 - Council Minutes
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ACTION ITEMS (continued)
RESOLUTION NO. 2006-097, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, THE GAS TECHNOLOGY INSTITUTE AND THE
CENTER FOR ENERGY STUDIES AT SAN DIEGO STATE
UNIVERSITY, IN A PARTNERSHIP TO ESTABLISH AND TO
OPERATE THE NATIONAL ENERGY CENTER FOR SUSTAINABLE
COMMUNITIES, AND AUTHORIZING THE MAYOR TO SIGN SAID
AGREEMENT
The motion carried 5-0.
8. CONSIDERATION OF ACCEPTING $300,000 FROM THE U.S. DEPARTMENT OF
JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR
THE UNIVERSAL HIRING PROGRAM GRANT; AND AMENDING THE POLICE
DEPARTMENT BUDGET FOR THE ADDITION OF SIX SWORN POSITIONS,
ADDITIONAL FUNDING FOR OVERTIME AND HOURLY WAGES, AND
APPROPRIATION OF THE REMAINDER OF A UNIVERSAL HIRING GRANT
With the completion of the Police Department's strategic business plan, the department
has conducted an extensive needs assessment in order to identify the resources that the
department would need in order to successfully implement the goals set forth in the
strategic plan. Adoption of the resolutions approves the addition of six sworn positions,
additional funding for overtime and hourly wages, and appropriation of the remainder of
a Universal Hiring Grant. (Police Chief)
Chief Emerson presented the staff report, noting that the full strategic business plan would be
presented tomorrow morning to the Public Safety Committee.
Neil Raymond Rico, Chula Vista resident since 1998 and former U.S. State Department
employee, stated that he would be working diligently to see that the Chula Vista Police
Department receives adequate funding, but only after it has undergone a full U.S. Justice
Department/FBI review on how it conducts itself in the community.
In response to Deputy Mayor McCann's request, Chief Emerson provided a brief explanation of
the Council-appointed blue ribbon committee established to consider whether or not there should
be a civilian review board and the committee's subsequent determination that a review board was
not needed. The Council had then requested that a Chiefs Advisory Board be established; the
board has now been functioning for over two years and meeting regularly. Deputy Mayor
McCann thanked the Chief for his efforts to increase traffic safety and then cited speeding in the
vicinity of schools as a major concern, noting the need to look at all schools to see how to
improve safety.
Councilmember Rindone noted that there were disturbing summations in the report that reflected
the need for further investigation and study by the Council in a workshop setting. He stated that
the overtime mandate to meet minimum staffing requirements was not acceptable, and he asked
that a workshop be held within 90 days to address in-depth the financial resources needed to
meet the needs of safety services without having to dip into reserves.
.
Page 8 - Council Minutes
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ACTION ITEMS (continued)
ACTION:
Mayor Padilla offered the following resolutions, headings read, texts waived:
RESOLUTION NO. 2006-098, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $300,000
FROM THE U.S. DEPARTMENT OF JUSTICE'S OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES FOR THE
UNIVERSAL HIRING PROGRAM GRANT, ADDING TWO PEACE
OFFICERS AND TWO POLICE AGENTS TO THE AUTHORIZED
STAFFING LEVELS OF THE POLICE DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
RESOLUTION NO. 2006-099, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
POLICE DEPARTMENT BUDGET TO ADD A PEACE OFFICER AND
POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT HOURLY
STAFF, ADDITIONAL OVERTIME AND BENEFIT FUNDING,
INCREASING THE NUMBER OF AUTHORIZED OVER HIRE
OFFICERS FROM FIVE TO TEN, AND APPROPRIATING FUNDS
THEREFOR FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND (4/5THS VOTE REQUIRED)
The motion carried 5-0.
9. CONSIDERATION OF APPROVAL OF COMMUNITY DEVELOPMENT
DEPARTMENT'S FIVE-YEAR STRATEGIC PLAN
Adoption of the resolution approves the Community Development Department's Five-
Year Strategic Plan. The plan details key programs and projects that will be undertaken
during the planning period, and the associated outcomes, benefits and resources.
(Assistant City Manager/Community Development Director)
Assistant City Manager/Community Development Director Smith provided opening comments,
and requested Council approval of the strategic plan, along with direction to bring it back for
review in one year. She then introduced Assistant Community Development Director Hix, who
presented an overview of how the plan was developed. Economic Development Manager Stone
provided an overview of the implementation strategies.
Councilmember Castaneda asked staff to keep the Council apprised of progress made.
Councilmember Rindone commended staff on the finest plan he has seen in 14 years. Mayor
Padilla noted that Ms. Smith's leadership is showing an impact.
Page 9 - Council Minutes
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ACTION ITEMS (continued)
ACTION:
Councilmember Rindone offered the following resolution, heading read, text
waived:
RESOLUTION NO. 2006-100, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
COMMUNITY DEVELOPMENT FIVE-YEAR STRATEGIC PLAN
AND DIRECTING STAFF TO RETURN TO COUNCIL WITH A ONE-
YEAR WORK PLAN TO BEGIN IMPLEMENTATION OF THE
STRATEGIC PLAN
The motion carried 5-0.
OTHER BUSINESS
10. CITY MANAGER REPORTS
There were none.
11. MAYOR'S REPORTS
Mayor Padilla asked staff to take another look at a request from Councilman Emeritus Len
Moore to prohibit solicitations being distributed on private property without the consent of
residents.
Mayor Padilla then reported that he and Councilmember Castaneda had reviewed the problems
being experienced at the Chula Vista Mobile Home Park, where doublewide trailers are replacing
singlewide trailers throughout the park, leaving little space between units. Title 25, which the
City is required to enforce, states that lot spaces are to be delineated by the property owner to
ensure that a proper distance is maintained. However, in most cases, the spaces are not
delineated; thus, there is no point ofreference and no way to enforce the regulations. He asked
staff to include a review of this situation in the review of proposed amendments to the current
ordinance already underway.
.
ACTION:
ACTION:
ACTION:
Consideration of City Council committee assignments.
Mayor Padilla moved to appoint Councilmember Chavez as alternate to the South
County Economic Development Council, and potentially to the Local Agency
Formation Commission. Councilmember Rindone seconded the motion, and it
carried 5-0.
Deputy Mayor McCann moved to appoint Councilmember Chavez to replace
Mayor Padilla on the City/Schools Task Force. Mayor Padilla seconded the
motion, and it carried 5-0.
Mayor Padilla moved to appoint Deputy Mayor McCann as alternate on the
Metropolitan Transit Development Board. Councilmember Castaneda seconded
the motion, and it carried 5-0.
http://www.chulavistaca.gov
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12. COUNCIL COMMENTS
Councllmember McCann asked staff to ensure that the positioning of the flags in the Chambers
is correct. He also asked staff to propose ways to implement a police storefront in the eastern
territories untll a police substation is constructed.
Councilmember Chavez requested recommendations to the Publ1c Safety Committee on a public
nuisance program, such as "Safe Streets Now," which empowers neighborhoods and encourages
them to work wIth the police to take back and care for their neighborhoods. Additionally, she
requested recommendations on tools to enforce safety around schools.
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Two cases
No reportable action was taken on this item.
ADJOURNMENT
At 7:45 p.m., Mayor Padilla adjourned the meeting to a Special Meeting of the City Council in
attendance at a Bi-National City Council Meeting hosted by the South County Economic
Development Council on March 30, 2006 at 10:00 a.m. at the San Diego Country Club in Chula
Vista, and thence to the Regular Meeting on April 4, 2006 at 4:00 p.m. in the Council Chambers.
,
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Susan Bigelow, MMC, City Clerk
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DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 30, 2006
10:00 A.M.
BI-NA TIONAL CITY COUNCIL MEETING
The meeting was held at the San Diego Country Club, 88 West L Street, Chula Vista, California.
It began at 10:00 a.m.
The South County Economic Development Council (EDC) hosted the meeting at the San Diego
Country Club, 88 West L Street, Chula Vista, California. The meeting began at 10:00 a.m., and
members of the EDC made a presentation to regional elected officials regarding bi-national
opportunities.
Because a quorum of the Chula Vista City Council attended this meeting, it was noticed as a
special meeting of the City Council under Brown Act requirements. In attendance were Mayor
Padilla and Councilmembers Castaneda, Chavez and Rindone. No action was taken by the City
Council.
ADJOURNMENT
The meeting adjourned at 12:00 p.m.
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Susan Bigelow, MMC, cM Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 4, 2006
4:00 P,M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 14
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, and Padilla
ABSENT:
Councilmembers:
Rindone
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
Mayor Padilla requested a moment of silence in honor of Olivia Castellanos, an 18-year Police
Department employee, who passed away on Sunday evening.
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY CHIEF EMERSON OF THE EMPLOYEE OF THE MONTH,
BRIDGET BARAHURA, SENIOR OFFICE SPECIALIST IN THE POLICE
DEPARTMENT
Chief Emerson introduced the employee of the month, Bridget Barahura. Mayor Padilla read the
proclamation, and Deputy Mayor McCann presented it to Ms. Barahura.
· DID YOU KNOW...ABOUT THE CITY'S ANNUAL BIRTHDAY PARTY FOR
RESIDENTS 90+ YEARS OLD AND OTHER NORMAN PARK CENTER
PROGRAMS FOR SENIORS?
Recreation Director Martin introduced Karen Harvell, Recreation Supervisor III, who provided a
brief presentation on the City's programs for seniors at Norman Park Center, including the
annual birthday party for residents 90+ years of age.
CONSENT CALENDAR
(Items I through 6)
Mayor Padilla noted that the minutes of March 21, 2006 (Item I) would be removed from the
agenda at the request of the City Clerk; Item 3 would be removed from the agenda at the request
of the City Attorney; and Item 5 would be trailed for discussion.
1. APPROVAL OF MINUTES of February 21, February 23, March 7, March 10, March
14, and March 21,2006.
Staff recommendation: Council approve the minutes.
It
DRAFT
CONSENT CALENDAR (continued)
2. RESOLUTION NO. 2006-101, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO GRANT
APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
FISCAL YEAR 2006/2007 TRANSPORTATION DEVELOPMENT ACT AND
TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN CAPITAL
IMPROVEMENTS
The Transportation Development Act and TransNet Program provide funding support for
regional bicycle and pedestrian capital improvement projects. The San Diego
Association of Governments will allocate those project funds to cities in the San Diego
region, based upon funding availability and project ranking. Staff has prepared funding
applications for two projects. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
3. The following item was removed from the agenda at the request of the City Attorney:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT
NO. 03-03, BELLA LAGO, ACCEPTING THE VARIOUS STREETS
AND EASEMENTS GRANTED ON SAID MAP, AND APPROVING
THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT
AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE PROJECT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-
03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO,
LLC, AND BELLA LAGO, LLC, AND THE CITY REGARDING
MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC
RIGHT OF WAY
On April 8, 2003, the Council approved a tentative map for Bella Lago. Adoption
of the resolutions approves Chula Vista Tract No. 03-03, Bella Lago. (Acting
Engineering Director)
4. RESOLUTION NO. 2006-102, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY
MCMILLIN LAND DEVELOPMENT FOR THE CONSTRUCTION OF
TRANSPORTATION DEVELOPMENT IMPACT FEE FACILITIES FOR THE
PORTION OF LA MEDIA ROAD BETWEEN OLYMPIC PARKWAY AND SANTA
VENETIA STREET
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CONSENT CALENDAR (continued)
On October II, 2005, McMi1lin Land Development submitted a payment request for
change order reimbursement for the construction of La Media Road between Olympic
Parkway and Santa Venetia Street. Adoption of the resolution approves the change
orders related to the construction of La Media Road, to be paid in cash credits. (Acting
Engineering Director)
Staff recommendation: Council adopt the resolution.
5. Item 5 was pulled from the Consent Calendar for discussion.
6. RESOLUTION NO. 2006-103, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CITY OF
IMPERIAL BEACH FOR ANIMAL CONTROL SERVICES
Chula Vista has provided animal control services to Imperial Beach since 1999. The
existing agreement expired on June 30, 2005. Adoption of the resolution approves a new
three-year animal control agreement with an option to extend administratively for two
additional years upon mutual consent. (General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staff s recommendations and offered the
Consent Calendar, headings read, texts waived, noting that in Item I, the minutes
of March 21, 2006 were removed from the agenda; Item 3 was removed from the
agenda; and Item 5 was removed from the Consent Calendar for discussion. The
motion carried 4-0
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF SUNBOW VILLAS, CHULA VISTA TRACT
NO. 05-03
On March I, 2005, the Council approved a tentative subdivision map for Sunbow Villas,
a project consisting of a condominium conversion of 202 multi-family units. Adoption of
the resolution, per Government Code Section 66474.1, allows the final map to record,
converting the existing apartments into condominiums. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
Councilmember Castaneda recused himself trom participation, since he has an apartment in the
complex. He then left the Chambers.
Assistant City Attorney Hull read the following statement into the record:
Page 3 - Council Action Agenda
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
"This evening, you have before you an item to consider the approval of the final map for
the Sunbow Villas condominium conversion. At this time, the City Attorney's office is
pulling this item indefinitely off the agenda while we seek an advisory opinion ITom the
Attorney General's office regarding how to proceed. This recommendation is based upon
the following facts:
"This matter was originally scheduled to come before the Mayor and Council on March
14, 2006. At that time, it consisted of a final map and a standard supplemental
subdivision improvement agreement, an SSlA. On the date of the hearing, the City
Attorney's office discovered that Councilmember Castaneda was a resident in the project.
The Councilmember had moved into the facility after the approval of the tentative map in
March 2005.
"Under the terms of the tentative map, certain relocation benefits were required to be
provided to the residents of the complex. The City Attorney's office requested time to
review the documentation to ensure there were no potential conflicts of interest, either
under the Political Reform Act or Government Code Section 1090. During this review of
the facts, we discovered that as proposed on March 14,2006, Councilmember Castaneda
did not qualify for the relocation benefits required under the relocation assistance
program identified as part of the tentative map. However, during discussions with the
applicant, we were informed that Councilmember Castaneda, along with all other
residents who had moved into the complex after approval of the tentative map, were
receiving a 10% discount on their rent The applicant has also indicated that the rent
reduction was a company policy offered in those facilities where a condominium
conversion was underway. It is not, it was not a part of the relocation assistance program
identified in the tentative map. This rent reduction raised additional concerns regarding
potential conflicts of interest.
"As part of our review of the documentation, we analyzed the proposed SSIA and met
with staff ITom the Planning and Engineering Departments. During the course of the
review, Engineering and Planning staff indicated that the SSlA was included as part of
the final map because that was the process that was always followed. However, in this
instance, all of the conditions within the SSlA had either been satisfied, would be
enforced through the City's code enforcement powers, or would be addressed at the
building permit stage. It is within the scope of the City Engineer's authority to determine
whether all of the conditions have been substantially satisfied to justify the approval of a
final map. Based upon the review of the City staff, it did not appear an SSlA would be
necessary for the project. Based upon that analysis, we recommended that the item be
rewritten to merely approve the final map.
.
"The issues surrounding this item have raised both Political Reform Act issues and
Government Code Section 1090 issues. The Political Reform Act prohibits a public
official ITom making, participating in the making, or in any way attempting to use his
official position to influence a governmental decision if he or she knows or has reason to
know that he or she has a financial interest in that governmental decision. The approval
of a final map by the Council would be a governmental decision for purposes of the
Political Reform Act.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
"For the past eight months, Councilman Castaneda has being receiving a 10% rent
reduction from Pacifica Sunbow, the applicant before the Council on the final map. The
rent reduction amounts to more than $500 and could be classified as income for purposes
of the Political Reform Act. Because it is more than $500 and directly affects the source
of income of the Councilmember, we recommended that he abstain from the vote
pursuant to the Political Reform Act.
"Government Code Section 1090 provides that members of the legislature, state, county,
district, judicial district and city officers or employees shall not be financially interested
in any contract made by them in their official capacity, or by any body or board of which
they are members. If a violation of Section 1090 would occur, the agency is precluded
from entering into the contract.
"The courts have broadly interpreted Section 1090. Conflict of interest statutes, like
Section 1090, are concerned with what might happen, rather than merely what actually
happened, and are aimed at eliminating temptation, avoiding the appearance of
impropriety, and assuring the public of a government officer's undivided and
uncompromised allegiance. Their objective is to remove or limit the possibility of any
personal influence, either direct or indirect, which might bear on an official's decision.
"Board members are presumed to be involved in the making of all contracts. Section
1090 requires a contract to have been entered into but does not require actual financial
gain to be realized by the public official for a violation to have occurred. The fact that the
officer's financial interest is small or indirect is immaterial. This is different from many
other conflict of interest statutes, such as the Political Reform Act that has threshold
dollar amounts that must be attained before a violation will occur.
"Participation in the actual approval or execution of a contract is not required if the
official influenced, directly or indirectly, the making of the contract to promote his
personal interest. Additionally, 'making of a contract' has been interpreted to include
preliminary discussions, negotiations, compromises, reasoning, planning, drawing of
plans and specifications, and solicitation for bids. Participation in the making of a
contract, for purposes of Section 1090, goes well beyond what one would normally
consider participation. An official may be convicted of a violation even if the public
official did not actually participate personally in the execution of the questioned contract.
Rather, if it is established that he had the opportunity to and did influence execution
directly or indirectly to promote his personal interest, there is a violation of Section 1090.
"Pursuant to Government Code Section 1091, an officer will not be deemed to be
interested in a contract if the officer only has a remote interest in the contract. A remote
interest may include a contract of a landlord or tenant. As the contract is between the City
and Pacifica Sunbow, the Councilmember's landlord, it may be that the interest in this
contract is remote. However, there is no case law or Attorney General opinion on this
issue, which would be dispositive. Additionally, outside counsel has opined that it is
unlikely a court would find this exception applicable here.
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
"Additionally, under Section 1091(c), the remote interest exception is not applicable if
the officer interested in the contract has influenced or attempted to influence another
member of the body or board of which he or she is a member to enter into the contract.
Again, there is no case law on point which has interpreted what this section means by
influences or attempts to influence a member to enter the contract. As this matter has
been agendized three times and been the subject of public comment and media scrutiny, it
is possible that a court would find the remote interest exception is inapplicable.
"Although there is no statutory authority of a rule of necessity exception, the Attorney
General's Office and the courts have applied a limited rule of necessity to the application
of Section 1090. This rule of necessity may be allowed...may allow a board to proceed
even if there is a prohibited interest under Section 1090, but it has been applied in very
limited circumstances. Generally, it has:
1. focused on contracting for essential services when no source, other than the one
that causes a Section 1090 issue, is available or
2. it has focused on performance of official duties, such as the need to enter into a
labor agreement but a board member stands to benefit in someway from the
labor agreement.
"It is possible that a court may find the rule of necessity applicable in this case. The
processing of a final map is ministerial and must be approved if all conditions of the
tentative map have been satisfied. In this case, if all conditions of the tentative map have
been satisfied, and the approval is therefore ministerial, there is no need for an
agreement. The courts have determined that a developer does not have a right to require
that the local agency enter into an improvement agreement. The purpose of an agreement
is to ensure any remaining improvements be completed prior to the approval of a final
map. The allegation that the City is required to enter into an agreement because
condition 9(a)(2) of the tentative map requires a contract in order to ensure that after a
final map has been approved that the applicant and his successors will remain in
compliance with the tentative map conditions is an argument of form over function. If
the City determines that conditions of the tentative map will continue to be complied with
by other enforcement mechanisms, the City is not required by state law to enter into a
contract.
"For example, Mr. More, with the law firm Davis Cowell & Bowe, has stated that
condition number 14 of the tentative map requires an agreement in that all onsite drainage
facilities shall be private. This is incorrect and shows a lack of understanding of the
Subdivision Map Act, which governs these types of decisions. All onsite drainage
facilities are private because the City has not accepted an easement for such facilities.
The agreement has no impact on this issue, regardless of what the agreement would say.
The ongoing compliance with this condition is not dependent on the existence of an
agreement but is based upon the fact that no easement has been provided to the City.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
"Another example is the Recycling and Waste Management Plan must be complied with.
Again, this is a requirement of our Municipal Code in that all property owners are
required to comply with the Recycling and Waste Management Plan once such a plan has
been approved by the City. This is subject to our enforcement powers under the
Municipal Code, so therefore, no agreement is necessary.
"The allegation that a contract is necessary is based upon the fact that there was an earlier
contract provided to the applicant. This was the result of staff providing an agreement
based upon past practices of the City.
"Based upon the staff analysis that the tentative map conditions have been complied with,
addressed through other means, or are related to the building permit stage, no agreement
is necessary for the approval of the final map.
"The good news here is that the City Council has not taken any action on this project.
However, in order to prevent any appearance of impropriety, and to ensure to the public a
government officer's undivided and uncompromised allegiance, we want to remove any
concern with a possible violation of Government Code Section 1090.
"There is no case on point for which we can rely; therefore, the City Attorney's office is
pulling this item indefinitely while we pursue an opinion from the Attorney General
regarding the application of Section 1090 to these facts. Although we know it is difficult,
we've advised the Mayor and Council to refrain from discussing or cornmenting upon the
item or any comments made by the public at this time, as it may impact the Attorney
General's analysis."
William Black, a prospective Sunbow buyer, asked for quick resolution, since he intends to
purchase a unit for his disabled daughter, who has given 30-days' notice on her apartment.
Roxane Auer spoke on behalf of Sunbow tenants, many of whom were present in the audience.
She urged the City to require the standard supplemental subdivision improvement agreement
(SSIA), since many of the conditions of the tentative map have not been substantially met. She
stated that the agreement is needed to protect the tenants. She then submitted documents
showing another project by the same developer that did not meet fire code requirements.
Valerie Lopez stated that she moved into Sunbow last July and has been harassed by the current
management there. She said she needed her relocation benefits in order to move as soon as
possible.
Veronica Martin stated that she has lived at Sunbow for 14 years and was counting on the
relocation money to find another home. She said she would feel more secure if an SSIA
agreement were signed.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Mike Pazder, an attorney representing Affordable Housing Advocates, stated he had met with
many of the tenants last fall and the developer has given out misinformation. He noted that to
approve the final map, the Council would have to make the finding that the conditions of the
tentative map were met. He said he did not understand why the City would not enter into the
SSIA agreement. By not taking action, the relocation assistance is being delayed; and the tenants
are forced to live in an undesirable place. He encouraged the Council to take steps to ensure that
this type of problem does not happen in the future.
Florfina Arce stated she is between being a Sunbow tenant and buyer and would like the
protection of the SSIA.
Kai Newkirk, Jodeen Olguin-Taylor and Ruben Can, Sunbow tenants, submitted cards opposing
approval of the final map, but did not wish to speak.
Mayor Padilla expressed regret for the difficult situation for both tenants and buyers and that
there was not a higher degree of protection for the tenants. He stated that although the City is
limited in what it can do, it will do everything possible to make sure the tenants are protected.
No action was taken on this item.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
7. CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY
RANCH VILLAGE ELEVEN LOCATED EAST OF EASTLAKE PARKWAY AND
SOUTH OF OLYMPIC PARKWAY - BROOKFIELD SHEA OTAY (BSO) PROJECT
LP
Brookfield Shea Otay (BSO) Project LP proposes to revise the Village Eleven tentative
subdivision map in order to utilize the total units authorized in the Sectional Plarming
Area (SPA) Plan. This tentative map revision proposes to transfer unused units from
various neighborhoods to a multi-family project in Neighborhood R-17. (Planning and
Building Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. Planning and Building Director Sandoval introduced
Associate Plarmer Phelps, who presented the staffreport.
Mayor Padilla reported that he resides in Village 11 and requested confirmation that he had no
conflict of interest to prevent his participation on this item. Plarming and Building staff, Director
Sandoval and City Attorney Moore confirmed that Mayor Padilla resides outside the 500-foot
radius of the proj ect and had no conflict of interest.
Page 8 - Council Action Agenda
http://www.chulavistaca.gov
April 4, 2006
'-,\'
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PUBLIC HEARINGS (Continued)
Applicant Ron Grunow commended staff and said he was present to answer questions.
There were no further members of the audience wishing to speak, and Mayor Padilla closed the
hearing.
ACTION:
Deputy Mayor McCann offered the following resolution, heading read, text
waived:
RESOLUTION NO. 2006-104, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH
VILLAGE ELEVEN, LOCATED EAST OF EASTLAKE PARKWAY
AND SOUTH OF OLYMPIC PARKWAY - BROOKFIELD SHEA
OT A Y (BSO) PROJECT, LP
The motion carried 4-0.
8. CONSIDERATION OF THE 2006/2007 ANNUAL ACTION PLAN, THE FIRST
AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN, AND A HOUSING
AND URBAN DEVELOPMENT SECTION 108 LOAN APPLICATION
The City is eligible to receive $2,042,661 in Community Development Block Grant
(CDBG), $954,765 in Horne Investment Partnership (HOME) and American Dream
Down payment (ADDI), and $86,993 in Emergency Shelter Grant (ESG) entitlement
funds from the U.S. Department of Housing and Urban Development (RUD) for Fiscal
Year 2006/2007 upon submittal and approval of the Annual Action Plan. Adoption of the
resolution approves the Annual Action plan, an amendment to the 2005-2010
Consolidated Plan, and a RUD Section 108 loan application, which assists the City in
financing large-scale development projects. In order to receive the Section 108 loan
funds, an amendment to the five-year consolidated plan is required. (Assistant City
Manager/Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. Housing Manager Mills discussed the annual plan
process and introduced Community Development Specialist II Macias, who presented the staff
report.
Councilrnember Castaneda asked the amount of CDBG administrative and planning funding
actually going to planning. Housing Manager Mills responded that the funding is primarily to
administer all of the grant programs and housing services. Councilmember Castaneda then asked
about funding for mobilehome park code enforcement, confirmed that Code Enforcement Officer
Johnson is working full time in the mobilehome parks, and inquired as to whether there were
plans to increase funding or staffing for the mobilehome park code enforcement/inspection
program. Planning and Building Director Sandoval responded that funding is primarily directed
toward health and safety issues identified at the state level, and staff has not looked at expanding
the program.
Page 9 - Council Action Agenda
http://www .chulavistaca.gov
Apri14,2006
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PUBLIC HEARINGS (Continued)
Mayor Padilla noted that a review of possible increased funding was requested during last year's
mid-year budget deliberations in order to comply with the Title 25 inspection program at all
parks. He stated that staffing is still not at the level needed.
Deputy Mayor McCann disclosed that he was on the Board of Directors, in a non-compensated
position, for the Boys and Girls Club, which is a recipient of funding. He then stated that the
Montgomery area sidewalk project was one of the most worthwhile, tangible projects done over
the last couple of years; and he thanked all organizations that participate in the CDBG program
for their diligence in providing services to our citizens.
There were no members of the audience wishing to speak, and Mayor Padilla closed the hearing.
ACTION:
Deputy Mayor McCann offered the following resolution, heading read, text
waived:
RESOLUTION NO. 2006-105, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
ANNUAL ACTION PLAN FOR FISCAL YEAR 2006/2007
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM
DOWN PAYMENT (ADDI) AND EMERGENCY SHELTER GRANT
(ESG) PROGRAMS; AND APPROVING THE FIRST AMENDMENT
TO THE 2005-2010 CONSOLIDATED PLAN; AND AUTHORIZING
TRANSMITTAL OF 2006/2007 ANNUAL ACTION PLAN AND THE
FIRST AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE
APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN
THE FISCAL YEAR 2006/2007 PROPOSED BUDGET
The motion carried 4-0.
ACTION ITEMS
9. CONSIDERATION OF APPROVAL OF AN ACQUISITION/FINANCING
AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 13-1
(OTAY RANCH VILLAGE SEVEN) AND AUTHORIZATION TO ISSUE SPECIAL
TAX BONDS
Community Facilities District No. 13-1 (CFD-13-I) was formed to provide for the
financing and acquisition of certain authorized public facilities. Adoption of the
resolution approves the acquisition/finance agreement with Otay Project L.P, the issuance
of special tax bonds of CFD 13-1 in the amount of approximately $16,505,000, and
approves the form of certain documents related to the issuance of the bonds. (Acting
Engineering Director)
Page 10 - Council Action Agenda
http://www.chulavistaca.gov
April 4, 2006
~., F' 'i. i! ).,
ACTION ITEMS (Continued)
ACTION:
Deputy Mayor McCann offered the following resolutions, headmgs read, texts
waived:
RESOLUTION NO. 2006-106, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
FORM OF AN ACQUISITION/FINANCING AGREEMENT
PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 13-1
(OTAY RANCH VILLAGE SEVEN)
RESOLUTION NO. 2006-107, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS
CAPACITY AS THE LEGISLATNE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN),
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM
OF BOND INDENTURE, BOND PURCHASE AGREEMENT,
PRELIMINARY OFFICIAL STATEMENT AND OTHER
DOCUMENTS RELATED TO THE ISSUANCE OF THE BONDS, AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE
ISSUANCE OF THE BONDS
The motion carried 4-0.
10. CONSIDERATION OF AWARDING CONTRACTS FOR POLICE-INITIATED
TOWING AND STORAGE SERVICES, AND AMENDING THE SERVICE RATE
SCHEDULE (Continued from March 21, 2006)
The Police Department recently completed a request for proposal for Police-initiated
towing and impound services. Adoption of the resolutions awards the contracts, amends
the service rate schedule, and authorizes the Police Department to make annual changes
to the police-initiated towing service rate schedule. (Police Chief)
City Manager Rowlands stated that staff recommends a continuance of this item due to recent
information provided to the City Attorney's office by outside counsel. City Attorney Moore
stated that the item would be brought back as expeditiously as possible.
ACTION:
Councilmember Castaneda moved to continue the item to a future date. Mayor
Padilla seconded the motion, and it carried 4-0.
11. REPORT REGARDING CHULA VISTA TRANSIT'S FUNDING AND OPERATIONS
At the February 22, 2005 Council meeting, Transit staff presented a report on Chula
Vista's transit system (Chula Vista Transit). This report addresses an update on Chula
Vista Transit's funding and operations. (Public Works Operations Director)
Page II - Council Action Agenda
http://www.chulavistaca.gov
April 4, 2006
.'" i"'''.f'''., ::"0;;"
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ACTION ITEMS (continued)
Public Works Operations Director Byers introduced Transit Coordinator Trujillo, who presented
the staffreport.
Deputy Mayor McCann asked when security cameras would be installed at the trolley stations
and asked the City Manager to personally get involved with trolley staff to ensure that the
cameras are installed as soon as possible. He also asked that staff find a way to install a turnout,
or provide another solution, for the bus stop on East H, just east of Hidden Vista, to remove the
buses from the direct line of traffic. Transit Coordinator Trujillo indicated that he would
approach the Metropolitan Transit System (MTS) to see if improvements could be made to that
stop.
In response to Councilmember Castaneda's inquiries, staff commented on the bus bench
replacement program, the construction underway in the dedicated guide-way in Otay Ranch, and
the Bus Rapid Transit program.
Mayor Padilla expressed the need to consider facilities for bus passengers when planning stops,
noting the profusion of shopping carts that accumulate around bus stops that are not located near
grocery stores.
Councilmember Chavez asked the progress of plans being developed to assist seniors who would
be affected by the loss of one of the 706 routes. Transit Coordinator Trujillo responded that he
had worked with MTS and only one route will be eliminated in June. The ftequency of the other
route (706A) will be reduced, allowing a six-month trial period to increase ridership. The route
will be slightly different, but will serve the same areas. This route will be reassessed between
June and January to determine whether ridership warrants its continuation.
Deputy Mayor McCann congratulated staff on an outstanding job and requested a comparison of
Chula Vista's service with that of other municipalities in the future.
ACTION:
Deputy Mayor McCann moved to accept the report. Mayor Padilla seconded the
motion, and it carried 4-0.
At 5:49 p.m., Mayor Padilla declared a recess. The meeting reconvened at 6:07 p.m. with Mayor
Padilla, Deputy Mayor McCann, and Councilmembers Castaneda and Chavez present.
OTHER BUSINESS
12. CITY MANAGER REPORTS
City Manager Rowlands announced that the report for the upcoming Thursday workshop was a
powerful document delineating what the City has accomplished over the years in the
Montgomery area.
Page 12 - Council Action Agenda
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Apri14,2006
.
OTHER BUSINESS (Continued)
13. MAYOR'S REPORTS
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6:00 P.M.
Questions and Answers regarding the Mayor's security detail.
Mayor Padilla provided a chronology of the events leading up to and following the hiring of his
security detail, noting that there was no intentional wrongdoing and that a different process
should have occurred.
City Manager Rowlands spoke regarding what previously could not be discussed in public due to
exposure to pending litigation.
ACTION:
Mayor Padilla moved to waive privilege on any information not already provided,
with the exception of Closed Session discussions. Councilmember Castaneda
seconded the motion, and it carried 4-0.
Kevin O'Neill thanked the Council for waiving privilege and suggested that issues need to be
stated and public discussions held in order to regain the public trust.
Councilmember Castaneda recommended that the Council discuss policies relating to the
following:
I) Public contracting (have discussions with respect to disclosure; inform the
Council when there is a diversion from the original terms, if the contract was
provided by the vendor rather than using the standard City format, and what the
differences are; place all costs involved on the table; do not combine items that
are not like items, or have anything folded into a contract; and include public
noticing and reporting).
2) City vehicle usage and stipends (when would stipends be suspended if City
vehicles are being used).
3) Council expense stipends.
Councilmember McCann recommended policies be developed pertaining to:
(1) A 30-day termination for convenience clause in contracts to establish whether or
not one is needed.
(2) Preventing the addition of additional funds to an item for which the Council has
appropriated funds without coming back for Council discussion and approval.
(3) Preventing the combining of unlike items.
He further stated that the Council needed to be vigilant in having an open process and bringing
items to the forefront.
Councilmember Chavez commented that security needed to be looked at in a different way, since
the City has grown so large. She also noted that there needed to be more common-sense
dialoging on the dais, with issues brought forward at the time they occur, not after the fact.
Page 13 - Council Action Agenda
http://www.chula vistaca.gov
April 4, 2006
OTHER BUSINESS (Continued)
'~~ r;'"' ic~. rr-r
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14. COUNCIL COMMENTS
Deputy Mayor McCann announced that a golf tournament to benefit the Veterans Foundation
would be held on April 11 th and that his office may be contacted at 691-5044 for further
information.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case
ADJOURNMENT
At 7:32 P.M., Mayor Padilla adjourned the meeting in memory of Olivia Castellanos to a
workshop on April 6, 2006, at 6:00 p.m. in the Council Chambers, and thence to the Regular
Meeting on April 11, 2006 at 6:00 p.m. in the Council Chambers.
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Susan Bigelow, MMC, City Clerk
Page 14 - Council Action Agenda
http://www.chulavistaca.gov
April 4, 2006
RECEIVED
Mayor and City Council '06 APR 11 A 9 :45
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910 ClTY OF CHULA VISI A
619.6915044 - 619.4765379 CfTY CLERK'S OFFICE
MEMO
CIlY OF
CHULA VISTA
Tuesday, April 11, 2006
FROM:
The Honorable Mayor & City CouncJ
Natalie D. Floresn//
//7
Excused Absence from City CouncJ Meeting for Councilmern1er Jerry Rindone
TO:
RE:
CouncJmern1er Jerry Rindone has requested an excused absence from the City Council Meeting
of AprJ 4, 2006 due to illness.
Cc: City Clerk
.:{Pr
RECEIVED
~{f?
-.-
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------ --
- - --
-::.,.- - -
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
'06 APR 13 P5 :00
CllY OF
CHUlA VISTA
CITY OF CHULA VIST:,
CITYCLERK'SOFFIC[ MEMO
Thursday, April 13, 2006
FROM:
The Honorable Mayor ~ fity CouncJ
Natalie D. Flores /11.tIf
Excused Absence from Bi-National City CouncJ Meeting for
CouncJmember John McCann
TO:
RE:
CouncJmember John McCann has requested an excused absence from the Bi-National City
CouncJ meeting held on Thursday, March 30, 2006 at 10 a.m. at the San Diego Country Club.
Cc: City Clerk
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10 April 2006
Mayor Steve Padilla
Chula Vista City Council
Chula Vista Planning CommisslOn
276 Fourth Avenue
Chula Vista, CA 91910
Dear Fellow Residents of Chula Vista:
It is with deep regret that I submit my resignation as a member of the Chula Vista Planning
Commission. My time on the Commission has been both educational and inspiring. For the
past four years I have served with fellow commissioners who have an unparalleled passion
and dedication to the City, working titelessly on the complex issues that will set the stage for
our vibrant future. I am especially proud to have been involved with the following projects
and policies:
· The award-winning Multiple Species Conservation Program, which identified the
City's first Master Green Belt Plan.
. Approval and construction of South Bay Expressway (SR-125 South).
· Completion of a Master Plan for the Chula Vista Bayfront.
· Approval and construction of the first Westside Park in over 20 years at Harborside
Elementary School.
· Updates to the General Plan document that outlines the City's long-term future
economy, character, environment and effective growth management policy.
As you know, my commitment to Chula Vista began over 30 years ago when I worked with
my parents in their restaurant, Land of China, on C St. My deep devotion to the community
will continue as I remain active working on issues and projects that will help our City to
grow and prosper.
I would also like to commend the many fine City staff members that I have worked with
during my term on the Commission. These individuals consistently exude excellence and
professionalism in performing their duties and working with the City's commissioners,
businesses and residents.
Thank you for the opportunity to serve the City. It is my sincerest desire that you continue
to forge ahead, working in concert with the community, to chart the future course of the
City, enhancing the quality of life for all those who live, work and visit here. Please feel free
to contact me at any time by phone at (619) 723-4641 or email atdan.hom428@gmail.com.
Best regards,
Dan Hom
"')1'
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COUNCIL AGENDA STATEMENT
ITEM 3
MEETING DATE 4/25iii6
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista authorizing City
Departments, working with the Purchasing Division, to acquire uniforms,
including rental, laundering, pick-up, and delivery, from Prudential Overall
Supply on an as-needed basis, per terms and conditions of County of San
Diego RFB 885 with Prudential Overall Supply for the duration ofRFB 885
subj ect to availability of funds.
Director ofFinance/Treasur~
City Manager 11 ~ II?
(4/5ths vote: Yes_ NoX)
SUBMITTED BY:
REVIEWED BY:
Between ISO - 200 City employees trom various bargaining groups are provided uniforms. The City
of Chula Vista has an opportunity to participate in a cooperative program with the County of San
Diego for a uniform service contract with Prudential Overall Supply at favorable terms and pricing.
RECOMMENDATION: That Council adopt the resolution authorizing City Departments, working
with the Purchasing Division, to acquire uniforms, including rental, laundering, pick-up, and
delivery, trom Prudential Overall Supply on an as-needed basis per terms and conditions of County
of San Diego RFB 885 with Prudential Overall Supply for the duration of RFB 885, subject to
availability of funds.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The County of San Diego requested bids for Uniform Supply Service at the
beginning of the current fiscal year. Twelve potential bidders were contacted and the bid was
advertised on the County's Website (BuyNet). One bidder responded, Prudential Overall Supply.
Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the
Purchasing Agent to participate in cooperative bids with other governmental agencies for the
purchase of materials and services of common usage. Therefore, the City of Chula Vista can receive
all rights & privileges of Prudential Overall Supply's Bid RFB 885.
A primary benefit of participating in Prudential Overall Supply's Bid RFB 885 is that all City
employees will be measured and receive new uniforms in July. Employees hired through December
31,2006 will also receive new uniforms. Employees hired after January 1st will receive a Class 2
uniform, slightly used, but still in good condition. The City reserves the right to refuse used
uniforms not up to quality standards. Each employee receives eleven uniform sets; rotated on a two-
week cycle. Each uniform set has an anticipated life expectancy of three years.
There will be an initial overall price increase of approximately 3%; after which, prices will remain
firm through December 31, 2009.
3-1
Page 2, Item ~
Meeting Date 4/25/06
Prudential has been providing uniform service for the City of Chula Vista for the past six years.
They are a local vendor and have provided commendable service. Other regional clients include the
City of San Diego, Port of San Diego, San Diego Transit, and National City.
Participation in this cooperative purchasing opportunity should ensure consistent quality, service,
and pricing through December 31, 2009.
FISCAL IMP ACT: Sufficient funds are available within departmental budgets to cover expenses
through the remainder of the current fiscal year. In ensuing fiscal years, departments with employees
eligible for uniforms will have to make a budget adjustment to account for the 3% overall price
increase.
.
3-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING CITY DEPARTMENTS, WORKING WITH THE
PURCHASING DIVISION, TO ACQUIRE UNIFORMS, INCLUDING
RENTAL, LAUNDERING, PICK-UP, AND DELIVERY, FROM
PRUDENTIAL OVERALL SUPPLY ON AN AS-NEEDED BASIS, PER
TERMS AND CONDITIONS OF COUNTY OF SAN DIEGO RFB 885
WITH PRUDENTIAL OVERALL SUPPLY FOR THE DURATION OF
RFB 885, SUBJECT TO AVAILABILITY OF FUNDS.
WHEREAS, between 150 - 200 City employees from various bargaining groups are provided
uniforms; and
WHEREAS, Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132
authorize the Purchasing Agent to participate in cooperative bids with other governmental agencies
for the purchase of materials and services of common usage; and
WHEREAS, the City of Chula Vista has an opportunity to participate in a cooperative a
uniform service contract with the County of San Diego and Prudential Overall Supply at favorable
terms and pricing; and
WHEREAS, Prudential has been providing uniform service for the City of Chula Vista for the
past six years; and
WHEREAS, participation in this cooperative purchasing opportunity should ensure consistent
quality, service, and pricing through December 31,2009.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
authorizes City Departments, working with the Purchasing Division, to acquire uniforms, including
rental, laundering, pick-up, and delivery, from Prudential Overall Supply on an as-needed basis per
terms and conditions of County of San Diego RFB 885 with Prudential Overall Supply for the
duration of RFB 885, subject to availability of funds.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
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Ann Moore
City Attorney
H:\AttorneylFinal Resos\2006\4 25 06\Uniform Supply Service
3-3
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4/25/2006
if
ITEM TITLE:
A.
Resolution Approving an Agreement with Yacoel
Properties and authorizing the reimbursement of costs associated
with the design and construction of a portion of the Auto Park
Sewer (a component of the Salt Creek Trunk Sewer Project).
SUBMITTED BY:
B. Resolution Authorizing the transfer of a portion of the
funds in the amount of $83,202.80 previously allocated for the
construction of the Auto Park Sewer to DE 2002 (the deposit
account for "The Crossings" Project).
Acting Director of Engineering W
City Manager ;r~ J7~
(4/5ths Vote: Yes_ No..xJ
REVIEWED BY:
Yacoel Properties recently completed the installation of 540 lineal feet of eight-inch PVC (a
portion of the Auto Park Sewer) as part of The Crossings Development. The Auto Park Trunk
Sewer line was originally planned and budgeted for as part of the Salt Creek Trunk Sewer
Project (SW-219). However, since this portion of the trunk line traversed The Crossings Project
and would have required trenching through their new facilities, the City and the Developer
reached an initial understanding that the Developer would construct this portion of the trunk
sewer and be reimbursed from the City's original project funds (upon authorization by City
Council). The Project has been completed and the Developer is now seeking reimbursement for
costs associated with the Project. It is requested that Council authorize reimbursement to Yacoel
for the cost of the design and construction of said portion from the available balance of funds
previously budgeted for the proj ect.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
It was originally contemplated that the Salt Creek Trunk Sewer line would be designed to serve
developments in the eastern territories (Salt Creek, Poggi Canyon and Wolf Canyon Basins) and
a portion of the Main Street Basin. The pipeline was intended to convey flows from the Chula
Vista Auto Park adjacent parcels along Main Street between the Amphitheater and I-80S.
However, due to topographical constraints, the Salt Creek Trunk Sewer could not be installed at
the proper depth to serve that purpose. As an alternative, the City made an arrangement with the
City of San Diego to serve that area by conveying flows to the City of San Diego's Otay Valley
Trunk Sewer.
4-1
Page 2, Item J
Meeting Dat~
Currently, flows generated ITom a portion of the Auto Park on the south of Main Street are
conveyed into a pump station at the southwest corner of the Fuller Ford's property, ITom there it
is pumped into the Main Street Sewer line. The City has expended considerable funds over the
years to maintain and operate this pump station. Constructing the Auto Park Sewer (an eight-
inch sewer line which runs ITom the pump station 1,100 feet westerly and connects to the City of
San Diego Otay Valley Trunk Sewer) will enable the City to decommission this pump station
and provide service to the Auto Park area by way of a more efficient gravity sewer line. While
the City was preparing the design plans for the Auto Park Sewer, Yacoel Properties was
preparing to commence development of 4501 Main Street ("The Crossings Project") where the
new Kohls, Panda Chef, and Babies R Us stores, etc., are located. Staff and the Developer
recognized an opportunity to expedite the construction of that portion of the trunk line that
traversed The Crossings Project, thus negating the need to trench through their new parking lot at
a later date.
Subsequently, on March 3, 2005, the City Engineer approved the Supplemental Parcel Map
Improvement Agreement for development of The Crossings Project. This agreement between
the City and Yacoel Properties required the Developer to construct an eight-inch public sewer
main along the southerly project boundary and be reimbursed for that portion of the Auto Park
Trunk Sewer that traversed their proj ect for sewer design and construction costs utilizing a
reimbursement agreement.
The City will construct the remaining portion of the Auto Park Sewer gravity line with
completion anticipated by the end of the year. Upon completion of the remaining portion, the
existing Auto Park Pump Station will be decommissioned.
Scope of Work
Yacoel Properties recently completed the installation of approximately 775 lineal feet of eight-
inch sewer main along the southerly project boundary of The Crossings Project. The installation
began at the point of connection with the City of San Diego Otay Valley Trunk Sewer and
terminated at the easterly property line as shown on Attachment 1. Two hundred thirty five
(235) lineal feet of the line was considered "Developer obligation" (since that portion would
have been required by the Developer to serve their project) while 540 lineal feet was considered
"City Obligation" (since it served other properties besides The Crossings Project).
Bid Results
The Developer (Yacoel Properties) made a good faith effort to obtain fair and competitive bids
for the construction of this facility. Yacoel received three (3) base bids for the proj ect and
ultimately selected Orion Constructors (the apparent low bidder).
Staff reviewed the Contractor's proposal and construction costs, and determined that they were
fair and reasonable and were consistent with prevailing market prices for this kind of work.
4-2
.
Page 3, Item 4-
Meeting Date 4/25/2006
Reimbursement Agreement with Yacoel Properties
Yacoel Properties is now seeking reimbursement for costs associated with the design and
construction of the City's portion of the Auto Park Sewer. To facilitate reimbursement from
previously budgeted project funds, it is necessary to enter into an Agreement with Yacoel
Properties as a mechanism for authorizing reimbursement using funds previously allocated for
the Project and implementing guidelines for the reimbursement (Attachment 3).
The approval ofthese resolutions will approve the Agreement and authorize Yacoel Properties to
be reimbursed from the Project account upon completion of a staff audit. It would also authorize
the Acting Director of Engineering to execute the Agreement on behalf of the City of Chula
Vista.
Development Proiect Processing Agreement - Account Status
To cover the staff costs associated with the processing (i.e., plancheck, project administration,
and Construction Inspection services) of their projects, Developers are required to establish and
fund a deposit account with the City. This account needs to remain fully funded until the
completion of the Project. Yacoel Properties maintained a deposit account for The Crossings
Project, which is currently in deficit approximately $68,202.80.
Staff has reached an Agreement with the Developer to offset the accrued deficit with a portion of
the funds due to the Developer for the construction of the Auto Park Sewer.
Yacoel Properties incurred costs totaling $144,808.05 for the construction of the Auto Park
Sewer. However, since the City is due $68,202.80 from Yacoel Properties to offset the deficit in
the deposit account, and given that there are still some outstanding issues to be resolved on the
Project that may result in additional staff expenditures, $15,000 will be retained as contingency
to cover these potential charges. Upon Council approval of these resolutions, Yacoel Properties
will be reimbursed a net amount of $61,605.25. Any unused portion of the retained contingency
will be returned to the Developer upon completion ofthe audit.
Appropriation of Funds to DE 2002
Funds for the construction of the Auto Park Sewer improvements were previously budgeted in
the FY 2000/2001 ClP budget process as part of the Salt Creek Project.
Based on the Agreement reached with the Developer, the accrued deficit in the deposit account
will be offset with a portion of the funds due to the Developer for the construction of the Auto
Park Sewer. Therefore, upon Council approval of these resolutions, a total amount of$83,202.80
will be transferred from the Salt Creek Trunk Sewer Project (SW-219) account to The Crossings
Deposit Account - DE 2002 to cover the outstanding staff charges associated with the processing
of The Crossings Project.
4-3
Page 4, Item--1-
Meeting Date 4/25/2006
ENVIRONMENTAL REVIEW:
The City's Environmental Review Coordinator has reviewed the item before the City Council
and has detennined that the completed installation of 540 lineal feet o(sewer pipe as part of The
Crossings Development is exempt pursuant to the California Environmental Quality Act
(CEQA), Section 15301, Class 1 (b) (Existing Facilities).
FISCAL IMPACT:
The construction of the Auto Park Sewer was originally budgeted as part ofthe Salt Creek Trunk
Sewer Project (SW-219) and funded with Trunk Sewer Capital Reserve Funds. The approval of
these resolutions will authorize the disbursement of a total of $61,605.25 to Yacoel Properties
ITom the available project funds. It would also further authorize the transfer of a total amount of
$83,202.80 to the deposit account established for The Crossings Project
Conflict of Interest: None of the Council members owns a property within 500' of the subject
project.
Attachment I:
Attachment 2:
Attachment 3:
Attachment 4:
Vicinity Map of the Project
Letter ftom the Yacoel Properties, Dated 3-16-2006
Reimbursement Agreement with Yacoel Properties
City Staff Time Cost Break Down
J :\EngineerlAGENDA ICAS2006\04-25-06IAuto Park Reimbursement CAS-4-25-06.doc
4-4
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REAl.. ESTATE C!;VI!:U!PMENT &. INV!!iTMENT
ATTACHMENT 2
November 18,2005
REVISED 3-16-06
Anthony Chukwudolue
Civil Engineer
City of Chula Vista
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
RE: Chula Vista Crossings, Chula Vista, CA
8" sewer-line extension: Re-cap of expenses for property owner reimbursement.
Dear Anthony,
Per our conversations regarding the 8" sewer line extension as part of the Chula Vista
Crossings Shopping Center, below are a summary oftota! expenses for all costs
associated with the city's portion of the completed project. The reimbursement request
presented herein has been discussed with Kirk Ammerman and is consistent with Mr.
Ammerman's direction. I am also enclosing a site plan which depicts the scope of the
project as Exhibit 7.
The City is only being charged for its portion of the line from the point of connection
with the private sewer system to the eastern terminus of the line adjacent to the east
property line of the project (which is approximately 71 % of the line on a pro-rated basis
per linear foot).
The following charges have been incurred which are directly related to the City's portion
of the 8" line: THE COSTS BELOW (IN BOLD FONT) HAVE BEEN REVISED
AS OF 3-16-06.
City of Chula Vista Portion of Sewer Line (Grant) $ 97,451.83 ("Exhibit 1")
Lining Manholes and refitting lids (Grant and Orion) $ 39,732.44 ("Exhibit 2")
Sewer Improvement Plans (Stuart Engineering): $ 6,800.00 ("Exhibit 3")
Bond for Gravity Sewer Line (John Burham Ins.): $ 692.96 ("Exhibit 4")
City Staff recovery charges (City): $ 0.00 ("Exhibit 5")
Approx $13,562 cost will be credited toward developer's total Staff Charges.
Developer Staff Time & Overhead Fee (Developer): $ 7,668.00 ("Exhibit 6")
Soils Testing for Pipe Installation (GEOCON): $ 0.00 (No Charge)
City of Chula Vista costs for reimbursement
Due to Developer: TOTAL: $152,345.23
~=''';'''':;;;3..'_
2BCI 1 WEST COAST. HIGHWAY - SUITE. 3BC . NEWPORT BEACH, CA 92663 - 949.646.2900 - FAX 949.646.2985
C '-AU DE@YAC04~Sc F'ERTIES. CO M
Developer owes the City a balance of approximately $94,000 for Staff Charges for
all the various aspects of the Crossings project. As discussed with Luis Pelayo, this
$94,000 will be reduced by approximately $13,562 for the City's share of the sewer
line staff charges as described above (Exhibit 5). The developer then owes the City
approx $80,500 in overall staff charges. According to Mr. Pelayo, the City may elect
to apply the $80,500 (owed by developer) against the $152,345 owed by the City for
this Sewer Line Reimbursement. The City would therefore owe developer
approximately $71,845 ($152,345 - $80,500 = $71,845). In addition, please note that
on August 11, 2005, developer deposited with the City a contingency fund in the
amount of $34,000 to be used for possible change orders related to widening Main
Street. Thanks to the excellent construction management of Kirk Ammerman and
his staff, this $34,000 contingency deposit was not used. If the City chooses to offset
the Staff Charges owed by developer, please be sure to also settle the unused $34,000
contingency. Applying the credit of $34,000 results in a total owed by the City to
Developer of approximately $105,845 ($71,845 + $34,000 = $105,845).
Please feel free to contact me should you have aoy further questions. Thanking you for
your assistaoce with this matter.
Sincerely Yours,
Yacoel Investments, LLC.
By: Yacoel Properties I, LLC., Its Maoager
~~--<-~
Claude Yacoel
Maoaging Member
CC: Kirk Ammermao (with enclosed)
Luis Pelayo (with enclosed)
4-7
02/22/2006 16:21
01/28/2006 10:87
, ;:171/26/28'35 8'3' 5'3
GRANT GENERAL CONTRACTORS 7 19496462985
9496462985 VACOEL PRQPERTIES
GRA~T GENERAL CQ~TRACTQRS . 19496452985
NO. 428 [;)005
PAGE: 04106
NO.1lS [;j0ei
GR,ANT
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S...e Bids: Orion
TC Construction
Burt."h
$60,162
$104,470
$119,403
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Oc;tgber 25, 21105
Chula v",t;, crossings- Sit. and liI...ild:ngs 3-5
1.1
lnsbll City of Cnula Vista Sewer Tnmk ~ine ex!&nsion. Cost breakout from firSt I'I'Ianhole
when> Private 3Y"tem connects to pUblic.
Awarded to Orion, coot revised to include ovsr _atIon Of normal roc $ 75,1f12
Bond 7~.62
Total S 76,520
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Numbor Pucription Ctv. C<>:n Units Ext
Subcootract S' sewer main from STA 1 + 00 to 9 + 21.00 821 74.20 LF 60,91 a 20
COR (3) ManhOles on '""",,oed bid plans s 5,200.00 EA 15,600.00 0
COR Decuct for (2) manholes 00 shared nne. -2 5.200.00 EA 11 0,400.00) "
De~uct lor 238.87 lineal feet of ~i'pe on ptNa!-a oid... -239.87 74.20 6A (1~~O
COR Add one: manhoTG #:5 on sig'nad sewer pians at end Qf IiM. 1 5.200.00 EA 5 0.00 0
Est Survey Pr1>-Rata Coot from Stuart Eng;neerin~ 1 2.000.00 EA 2,000.00 0
Esi OfI-Site Disposal.f rock and debris (Pm-rotsd) 1 5.000.00 EA 5.000,00 0
Sot G. C. Supervision 80 55.00 HR 5,200.00
Est swppp 1 1,500.00 I:A 1 ,soo.00 0
Orion Change OrtIsr Request to aver ='131. an~ remove
laf"i$ deb';;:, in 1n:nch.zoner r&a:lmpad with native and ~
COR exoavateand i_~ar. PrtH'ated 0051710/,0/$'9,700 7''1'10 1UOQ.OQ EA. 1 $,987.00
Est Coduct!o remove oortion 01 sewer fine crossina 'IretIond.. -42.5 74.20 ~ (3,1:>3.00
COR Remove and replace portion o.f sewer line priQr D:I ravfsion. 1 &,500.00 LS S,SOO.OO 0
COR fte-wor!< maf'jho~ duo tg c~nge in 0iP$ thicKn.$$a" 1 1.878.00 l.S 1 876.00 0
COR dd10r '"~. thickn""" of ";0.. 1 Q,1g9,E3 ~S ~
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General Contractors Fee
To~1 ereakout Through Completion
$ 91,83U~ 93/'fjO.o<t
$ ~ G.~.~
$ 3,748.15
I $10a,i21.17 "I7,"t5I,83
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4-8
GR~~~-r
CHANGE ORDER REQUEST
No. 104
E~L
flTLE:
COR# 104 Manhole Revisions
DATE: 11/15/2005
JOB: 20508
CONTRACT NO: A111-1997
PROJECT:Chula Vista Crossings Bldg.'s 3-5
TO:
Attn: Claude Yacoel
Yacoellnvestments, LLC
2801 West Coast Highway, Suite 380
Newport Beach, CA. 92663
Phone: (949) 646-2900 Fax: (949) 646-2985
f2.- E rJ:CS E. 0
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RE: To: From: Number:
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1. Add bolt down manhole covers with gaskets at (5) public and (3) private sewer manholes. .
2. Add polyurethane lining at (5) public and (3) private manholes.
Qualifications:
1. Excludes plans, permits, plan check fees, permit fees.
2. No warranty is made regarding the elimination of sewer odors.
~:~m&~-i~f[6:1_B.'_~D,:
00001 Orion recap dated November 8, 2005,
00002 Insurance
00003 Contractors Fee
31;. '7 :$"0, -$43,9~u.uu'
z.5"y.t1' $ZS4.4T
/, S li.Jl$1,769,78
Unit Cost: 3r,73Z.Y~6,QH.2S
Lump Sum: $0.00
Sales Tax
$0.00
Total: $46,6.lif.:l5
,s Jr, 75l.I.f'(
APPROVAL: /7 / . t/
By: ~~
,
Claude Yacoel
-"'ate: 1/- 'Z-(-~.j
Date:
11/15/2005
J.E. Grant General Contractors, Inc. dba Grant General Contractors
5051 AVENIDA ENCINAS P.O. BOX 979 PHONE: 760-438-7500 LlC 573265
CARLS BAD , CA 9200~-4380 92018-0979 FAX: 760-438-3056 www.grantgc.com
ExpeditroniK)
4-9
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11/18/2005
10:22
GRRNT GENERRL CONTRRCTORS ~ 19496462985
NO. 208 [;)002
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UCENSE /154~9
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VIA FACSIMILE a: US MAIL (7601 438-3056
l'oVOODber18,200S
Gr.mt General Contr.actors
5051 Avenida E:ndnas
Ca~d,CA92018-o979
Refe~nce;
Jim Peavy
Chula Vista crossinas - Ck'ion Jab No 2409
Attention:
Dear Mr. Peavy.
In response to your request for a propo5iIl for manhole modificati0n5, OIJr oJ5I: proposal is as follows:
CtZJ:
1.
Bolt Dom1 Manhole Covers,
Oty. of CI1uta ViSta Manhole5:
S Each x $2,400.00 "
$19,200.00
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2.
Polyurethane Coating Of Manholes
C1ty of Qmla VISta Manholes:
60' - 5 Each x $3,750.00 =
$18,750.00
/ g, 7S"O
9; 6.000.00
$4~ -t 37/1SQ
Attached are catalog sheets for the proposed baIt-down gasksred manhole covel'5 and for the proposed lJb1ith:lne
PolytJrethane coating. B&W Preca5t'lll111 be applying the Ub~ Polyurethane coating.
48" - 3 Each x $2,000.00 =
o
Total Co5t =
PIea5e advize us if you wish to proceed with this extra work as 5QQn ;1$ possible..
t/di
Robert 6. Wilson I
Chief Estimator ~
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PBom. 7~-9660
FAX< 760-59'7-9661
4-10
f~7-
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Claude -
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Here is the breakdown I have for all oftline charged to each of your projects between
06/09/04 through 9/30/05. I'm not familiar with all of them but the two projects that did
all of the work inion Main Street are in bold. The Work Order Number is on the left
followed by the project description and the total dollar amount charged against the
project.
EP-306
PC-1664
PC-I665
) PC-1666
PG-719
PG-724
4501 Main Street TPM
Main Street Widening (City Project)
Chula Vista Widening (private Project)
4501 Main Street Auto Park Gravity Sewer
4501 Main Street, Crossings Grading
4619 Main Street! SBC .
$24,041.84
$121,866.45
$51,903.32
$16,358.66 ~
$46,391.96
$4,869.77
For the two Main Street projects, total staff time costs are $173,769.77.
T
Your contingency account of $34,000, as of 10/20/05, remains untouched.
Please feel free to give me a call with any questions or concerns.
Jim Newton
619-691-5034
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4-11
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ATTACHMENT I..j
The Crossings Staff Cost Break Down
Project #
EP306
PC1664
PC1665
PC1666
PG719
PG724
Total
Project #
EP306
PC1664
PC1665
PC1666
PG719
PG724
Total
Total Staff Time
Total Hours Cost
214.00 $ 35,230.79
1,225.50 $ 148,930.97
600.24 $ 68,234.47
191.75 $ 19,101.99 Total Staff Time Cost $ 323,712.87
413.25 $ 46,837.61 Consultant Costs $ 288.00
35.50 $ 5,377.04 Less Money Received $ 227,897.66
2,680.24 $ 323,712.87 Amount Outstanding $ 96,103.21
Total Cost of % Owner
Total Hours Project (Staff) % City Paid Paid Owners Cost
214.00 $ 35,230.79 0% 100% $ 35,230.79
1,225.50 $ 148,930.97 0% 100% $ 148,930.97
600.24 $ 68,234.47 0% 100% $ 68,234.47
191.75 $ 19,101.99 71% 29% $ 5,539.58
413.25 $ 46,837.61 0% 100% $ 46,837.61
35.50 $ 5,377.04 0% 100% $ 5,377.04
2,680.24 $ 323,712.87 $ 310,150.46
Owner Responsibility Only
Owner Staff Responsibility $
Consultant Costs $
Less Money in CIP Account $
Less Money Received $
Owner Amount Outstanding $
Total Reimbursement
Reimbursement Amount $
Less Owner Oustanding Amount $
15% contingency project closeout $
Total Reimbursement I $
Sewer Reimbursement
City Portion of Sewer Line $
Lining Manholes and Refit Lids $
Sewer Improvement Plans $
Bond for Gravity Sewer Line $
Developer Staff Time and Overhead $
Soils Testing $
Reimbursement Amount I $
97,451.83
32,195.26
6,800.00
692.96
7,668.00
144,808.05 I
310,150.46
288.00
14,338.00
227,897.66
68,202.80 "This Amount excludes 71 % of the PC1666
staff cost for the City's portion of the
sewer line.
144,808.05
68,202.80
15,000.00
61,60S.2Sj*From Trunk Sewer Funds
4-12
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
APPROVING AN AGREEMENT WITH Y ACOEL
PROPERTIES AND AUTHORIZING THE REIMBURSEMENT
OF COSTS ASSOCIATED WITH THE DESIGN AND
CONSTRUCTION OF A PORTION OF THE AUTO PARK
SEWER (A COMPONENT OF THE SALT CREEK TRUNK
SEWER).
WHEREAS, the City of Chula Vista originally intended to provide wastewater service to
the Auto Park area via the Salt Creek Trunk Sewer; and
WHEREAS, due to topographical constraints, the City could not fulfill its original
intention of providing said service from the Salt Creek Trunk Sewer; and
WHEREAS, as an alternative, the City made an arrangement with the City of San Diego
to provide said service by conveying flows to the Otay Valley Trunk Sewer line; and
WHEREAS, concurrent with this arrangement, Yacoel Properties was constructing The
Crossings Development in the Auto Park area, which the Auto Park Sewer traverses; and
WHEREAS, both staff and the developer recognized an opportunity to expedite the
construction of that portion of the trunk line that traversed Y acoel' s project and thus negate the
need to reconstruct their parking lot at a later date; and
WHEREAS, Yacoel entered into an agreement with the City to construct that portion of
the Auto Park Sewer that traversed their project and be reimbursed from funds previously
allocated for the project; and
WHEREAS, Yacoel recently completed the installation of that portion of the Auto Park
Sewer and is seeking reimbursement for the costs incurred in the design and construction of the
City's portion of the Auto Park Sewer, that they constructed as part of their project; and
WHEREAS, the agreement will authorize Yacoel to receive reimbursements from the
Salt Creek Canyon Trunk Sewer project account upon meeting the terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Chula Vista does
hereby approve an agreement with Yacoel and approve the payment of $61,605.25 from the
available balance project funds to reimburse developer, Yacoel, for costs incurred in the design
and construction of said portion of the Auto Park Sewer.
BE IT FURTHER RESOLVED that the Acting Director of Engineering of the City
of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the
City of Chula Vista.
4-13
Presented by
Leah Browder
Acting Director of Engineering
.
4-14
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
Dated:
Auto Park Sewer Reimbursement Agreement between
Yacoel Investments, LLC and the City of Chula Vista
4-15
Auto Park Sewer
Reimbursement Agreement
This Auto Park Sewer Reimbursement Agreement ("Agreement") is made as of
, 2006, by and between Yacoel Investments, LLC a California limited liability
company ("Yacoel") and the City of Chula Vista, a California municipal corporation ("City"), to
facilitate the design and construction of required improvements to the Auto Park Sewer.
RECITALS
Whereas, the Salt Creek Trunk Sewer line was originally designed to serve developments
in the eastern territories (Salt Creek, Poggi Canyon, and Wolf Canyon Basins, and a portion of
the Main Street Basin); and
Whereas, due to topographical constraints, the pipe could not be designed at the proper
depth to serve that purpose and, as an alternative, City made arrangements with the City of San
Diego to serve that area by conveying flows to the City of San Diego's Otay Valley Trunk
Sewer; and
Whereas, while City was preparing design plans for the Auto Park Sewer, Yacoel was
preparing to begin development of 4501 Main Street ("The Crossings Project"), and both City
staff and Yacoel recognized an opportunity to expedite the construction of that portion of the
trunk line that traversed The Crossings Proj ect and thus negate the need to reconstruct their
parking lot at a later date; and
Whereas, on March 3, 2005, the City Engineer approved the Supplemental Parcel Map
Improvement Agreement for The Crossings Project between City and Yacoel which permitted
Yacoel to construct an 8-inch public sewer main along the southerly project boundary and be
reimbursed by the City utilizing a reimbursement agreement; and
Whereas, Yacoel completed the installation of 775 lineal feet of 8-inch public sewer main
along their southerly project boundary, from the connection point with the City of San Diego's
Otay Valley Trunk Sewer to the easterly property line, as shown in City of Chula Vista Drawings
Titled "Improvement Plans For Auto Park Sewer", and Numbered from 04098-01 through
04098-02 ("Improvements"), and said Improvements were inspected and deemed Substantially
Complete by the City; and
Whereas, the construction of said Improvements was previously approved by Council in
Fiscal Year 2000/2001 as part of the Salt Creek Trunk Sewer Project (SW219) and was funded
utilizing Trunk Sewer Capital Reserve Funds; and
WHEREAS, Yacoe1 also established a deposit account - DE 2002 which they funded to cover
City staff expenditures associated with The Crossings Project; and
WHEREAS, staff has reached an agreement with Yacoe1 to offset an accrued deficit in the
DE 2002 account with a portion of the funds due to Yacoe1 pursuant to this Agreement for the
construction of the Improvements; and
4-16
.
WHEREAS, it would require the transfer of a total amount of $83,202.80 from the Salt Creek
Project account to the DE 2002 project account to cover both the accrued deficit of $68,202.80 (for
City staff costs) and a $15,000 for contingency for other future costs that may be associated with the
final inspections of The Crossings Project; and
Whereas, it is the intention of the City with this agreement to identify terms under which
Yacoel shall be reimbursed for the balance of the costs incurred in the design and construction of
the required Improvements for Auto Park Sewer, utilizing funds from the Trunk Sewer Capital
Reserve Funds budgeted for the project as a reimbursement mechanism which funds are
currently available in a sufficient amount to pay the sums due Yacoel under this Agreement; and
Whereas, it is also the intention ofthe City with this agreement to rectify the deficit in the
deposit account set up by Yacoel to fund City staff charges related to processing of The
Crossings Project, by using some of the funds due to Yacoel for the construction of the
Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
Section 1.
Recitals. That the above recitals are all true and correct.
Section 2. Construction of Improvements. Yacoel covenants and agrees that all
Improvements as shown in City of Chula Vista Drawings Titled "Improvement Plans For Auto
Park Sewer", and Numbered from 04098-01 through 04098-02 ("Improvements"); were
constructed by Yacoel in a good and workmanlike manner by well-trained, adequately
supervised workers and in compliance with all government rules, regulations, laws, building
codes and all requirements of Yacoel' s insurers and lenders, and free of any material defects.
Section 3. Inspection and Acceptance of the Improvements. The construction
activities relating to the Improvements have been inspected and deemed Substantially Complete
by City.
Section 4.
Code Compliance - Not Applicable
Section 5.
Payments to Yacoel
Payments shall be made to Yacoel in accordance with the provisions defmed below. The City
will make a good faith effort to make such payments within 60 days of Yacoel's request and
submittal of all pertinent documents and information necessary to facilitate such request for
payment, which the City hereby acknowledges receipt of. Where there is a conflict between the
policy and the schedule below, the schedule below will be utilized.
Payment
a. Payment No. I
.Percentage Reimbursed
Reimbursement for all eligible
Design and Construction Costs for
the Construction of the Auto Park
Sewer less outstanding Developer
Obligations associated with DE-
2002
Milestone
Upon Council Approval of
Reimbursement.
.
4-17
b. Payment No.2
Reimbursement for unused funds
retained as contingency by City to
fund Developer's Obligation
Completion of Audit by City
Staff and acceptance of
Improvements by the City.
Section 6. Indemnification bv Yacoel. For a period of one year from the acceptance
of the Improvements by City, Yacoel shall defend, indemnifY and hold hannless City, its
officers, directors, employees and agents, from and against any and all claims, losses, liabilities,
damages, including court costs and reasonable attorneys fees, by reason of, or resulting from, or
arising out of the design, engineering and construction of the Improvements. Nothing in this
Section 6 shall limit in any manner City's rights against any of the architects, engineers,
contractors or other consultants employed by Yacoel or Y acoel' s predecessors in interest which
has performed work in connection with construction or financing ofthe Improvements.
Section 7. Conflict with Other Agreements. Nothing contained herein shall be
constructed as releasing Yacoel from any condition of development or requirement imposed by
any other agreement with City. In the event of a conflicting provision, such other agreement shall
prevail unless such conflicting provision is specifically waived or modified in writing by City.
Section 8. General Standard of Reasonableness. Any provision of this Agreement
which requires the consent, approval, discretion or acceptance of any party hereto or any of their
respective employees, officers or agents shan be deemed to require that such consent, approval
or acceptance not be unreasonably withheld or delayed, unless such provision expressly
incorporates a different standard.
Section 9. Entire Agreement; Amendment. This Agreement contains the entire
agreement between the parties relating to the transaction contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements, oral or written,
are merged herein. No amendment, modification, waiver or discharge of this Agreement will be
valid unless the same is in writing and signed by the parties to this Agreement.
Section 10. Notices. All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent
to any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested, at the addresses identified herein as the places of business
for each of the designated parties.
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Acting Director of Engineering
Propertv Owner:
Yacoel Investments, LLC
2801 West Coast Highway, Suite 380
Newport Beach, CA 92663
4-18
Attn: Claude Yacoel, Manager
A party may change its address by giving notice in writing to the other party. Thereafter,
notices, demands and requests shall be addressed and transrnitted to the new address.
Section II. Successors and Assigns. All terms of this Agreement will be binding upon
and inure to the benefit of the parties and their respective administrators or executors, successors
and assigns.
Section 12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the Federal or State courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
Section 13. Capacities of Parties. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction .trom its
principal to enter into this Agreement, and that all resolutions or other actions have been taken so
as to enable it to enter into this Agreement.
Section 14. Counteroarts. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, but all of which together will
constitute one instrument.
(NEXT PAGE IS SIGNATURE PAGE)
4-~9
04/19/2006 14:24
9496462985
YACOEL PROPERTIES
SIGNATURE PAGE TO
AUTO PARK SEWER.
REIMBURSEMENT AGREEMENT
CITY OF CHULA VISTA
YACOEL Investments, LLC
By: Yacoel Properties I, LLC
Its: Manager
&~~
Claude Yaco",l j.
Manager
Leah Browder
Acting Director of Engineering
APPROVED AS TO FORM
Ann Moore, City Attorney
J: \Engineerl,AGENDA \Agreementsl,Auto-Pork-Sewer Reimbursement Agreernent.ac.doc
5
4-20
PAGE 06/06
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF CHULA
VISTA AUTHORIZING THE TRANSFER OF A PORTION
OF THE FUNDS IN THE AMOUNT OF $83,202.80
PREVIOUSLY ALLOCATED FOR THE CONSTRUCTION
OF THE AUTO PARK SEWER TO DE 2002 (THE
DEPOSIT ACCOUNT FOR THE CROSSINGS PROJECT).
WHEREAS, at the time Yacoel Properties was in the process of constructing "The
Crossings Project", the City of Chula Vista was also in the process of planning for the design
and construction of the "Auto Park Sewer", which traverses the Crossings Project; and
WHEREAS, to expedite the construction of the Auto Park Sewer, Yacoel Properties
entered into an agreement with the City to construct the City's portion of the Auto Park
Sewer that traversed their project and be reimbursed from funds previously allocated for the
project; and
WHEREAS, Yacoel recently completed the installation of that portion of the Auto
Park Sewer and is seeking reimbursement for the cost incurred in the design and construction
of the City's portion of the Auto Park Sewer; and
WHEREAS, funds for the construction of the Auto Park Sewer was previously
budgeted in Fiscal Year 200/2001 as part of the Salt Creek Trunk Sewer Project (SW219)
and was funded utilizing Trunk Sewer Capital Reserve Funds; and
WHEREAS, Yacoel Properties also established a deposit account - DE 2002 which
they funded to cover City staff expenditures associated with The Crossings Project; and
WHEREAS, staff has reached an agreement with the developer to offset the accrued
deficit in the DE 2002 account with a portion of the funds due to the developer for the
construction of the Auto Park Sewer; and
WHEREAS, it would require the transfer of a total amount of $83,202.80 from the
Salt Creek Project acount to the DE 2002 project account to cover both the accrued deficit of
$68,202.80 (for City staff costs) and a $15,000 for contingency for other future costs that
may be associated with the final inspections of The Crossings Project; and
WHEREAS, approval of this resolution will authorize the transfer of funds and also
authorize the reimbursement of any unspent contingency costs to Yacoel Properties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Chula Vista does
hereby authorize the transfer of funds in the amount of $83,202.80 from the available balance
of the project funds from the Salt Creek Trunk Sewer project to the deposit account for the
Crossings Project - DE 2002 for outstanding City staff costs associated with the processing of
The Crossings project.
4-21
Presented by
Leah Browder
Acting Director of Engineering
~ Ann oor
A"u1? City PI. e
.
4-22
COUNCIL AGENDA STATEMENT
Item
Meeting Date
5
4/25/06
ITEM TITLE:
Public Hearing to consider the establishment of the Bayfront Utility
Underground District to underground overhead 138 kV electrical
transmission lines (Tie Line 13815) and supporting structures along the Chula
Vista Bayfront.
Resolution Establishing the Bayfront Utility Underground District to
underground overhead 138 kV electrical transmission lines (Tie Line 138 I 5)
along the Chula Vista Bayfront and supporting structures between Tower
189507 and Tower 188701, including Tower 188701.
SUBMITTED BY:
Acting Director of Engineering ~
City Manag~
(4/5ths Vote: Yes _ NoX)
REVIEWED BY:
On March 21,2006 the City Council approved Resolution No. 2006-087 and, in accordance with
Section 15.32.130 ofthe Chula Vista Municipal Code, ordered a Public Hearing to be held on April
25, 2006 to determine whether the public health, safety and general welfare requires the formation of
a utility undergrounding district to underground the 138 kV electrical transmission lines (Tie Line
13815) and supporting structures (Exhibit A). SDG&E allocation funds (Rule 20A) will be used to
cover the cost of the proj ecl. The terms for the performance of this work were outlined in the
Memorandum of Understanding between the City and SDG&E dated October 12, 2004.
RECOMMENDATION: That Council:
1. Conduct a Public Hearing on the formation of the Bayfront Utility Underground District;
2. Approve a resolution establishing the Bayfront Utility Underground District to
underground overhead 138 kV electrical transmission lines (Tie Line 13815) along the
Chula Vista Bayrront and supporting structures between Tower 189507 and Tower
188701, including Tower 188701.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On October 12, 2004, Council approved a Memorandum of Understanding (MOU) between the City
and SDG&E, which specifically outlines the process and funding for undergrounding the Bayfront
138 kV transmission lines. The MOU was specifically addressed in the City's new ten-year
rranchise agreements with SDG&E for the transmission and distribution of electricity and natural
gas, which were adopted by the City Council on November 16, 2004. These rranchises will be
5-1
Page 2 Item
Meeting Date
c;
4/25/06
automatically extended for a new term of an additional 20 years upon SDG&E's completion of all
the requirements of the MOD.
.
SDG&E currently has three 138 kV transmission "lines" (each "line" usually includes three wires
that complete the circuit) that run from the South Bay Power Plant at "L" Street northerly past the
Chula Vista boundary, which serve central and southern San Diego County. In order to provide
increased system reliability, SDG&E plans to replace the aging Main Street substation in San Diego
with a new 230/69 kV substation. As a part of this project, SDG&E reports that two of the three
existing 138 kV transmission lines will be replaced with a single 230 kV line. In accordance with the
MOU, SDG&E will pay all costs associated with the removal of these two lines and the
undergrounding of the new line. SDG&E will also fund the removal of supporting structures between
Towers 189507 (at SR-54) and Tower281763 (near Sierra Way) at the existing substation. The City
will fund the cost of under grounding ofthe remaining 138 kV line, also known as Tie Line 13815,
with its 20A funds, which are collected on the utility bills of area residents. However, as part of the
MOD, SDG&E agreed to provide an ongoing revenue stream of $2.0 million per year, which
includes funds above the City's allocation, through the duration of the agreement. (Note that the
City's annual20A allocation would have been approximately $850,000 without the MOD). This
work is targeted for completion before December 31,2008.
.
SDG&E plans to relocate the substation to the south at a later date (phase 2) in conjunction the
retirement, replacement or relocation of the South Bay Power Plant. Per the MOD, SDG&E plans for
Phase 2 of this project to include the undergrounding of the remaining portion of Tie Line 13815
utilizing 20A funds, and to remove all other facilities at SDG&E expense. Other facilities include
the remaining 138 kV line, as well as supporting structures and towers, including Tower 188701
(near Naples Street). The entire area to be undergrounded per the MOU is included in the
underground district in order to confirm the intent of the City to complete both phases of the
undergrounding of the 138 kV line. The remaining 69 kV lines will be considered for
undergrounding as Bayfront development progresses. A map of both phases of the undergrounding
district is provided in Attachment A.
.
Section 15.32.130 of the Chula Vista Municipal Code requires the Council to set a public hearing for
the establishment of a utility underground district in order to determine if the public health, safety or
general welfare will be served. On March 21, 2006 City Council adopted Resolution 2006-087
declaring the City's intention to underground overhead 138 kV electrical transmission lines along the
Chula Vista Bayfront and setting a public hearing for the April 25, 2006 Council Meeting at 6:00
p.m. (Attachment B).
The City is required to send notice to all affected persons and concerned utility companies of the
time and place of the hearing at least 15 days in advance. A notice was also placed in the Chula
Vista Star News. Unlike most utility underground districts, there are no property owners who
receive direct service from these electrical lines. Since only electrical transmission lines are
involved, SDG&E is the only affected utility and conversion work on these properties will not need
to be done. Additionally, much ofthe aligrunent runs through undeveloped property. Certain parcels
are owned by public agencies, such as the State of California, the United States Fish and Wildlife
5-2
Page 3 Item
Meeting Date
~
,
4/25/06
Service or the San Diego Unified Port District. Staffhas mailed notices to the owners of the parcels
and the appropriate government agencies along the utility alignment.
The current proj ect estimate is approximately $20 million. This is a slight decrease from the
estimate of $20.5 million included in the agenda statement for March 21, 2006. The design and
construction schedule should not be affected for the Fourth Avenue District from "L" Street to
Monserate A venue and for the "L" Street District from Monserate A venue to Nacion A venue, since
the work on these Districts will commence prior to completion of the Bayfront District. Work on the
remaining three districts on "L" Street and "J" Street may require postponement. However, staff is
working with SDG&E in order to maintain the same schedule for the remaining L Street and J Street
Undergrounding Districts as was stated in the November 22, 2005 report to Council. This would
involve construction of these improvements during calendar years 2013 to 2015.
Passage of this resolution is a step toward fulfilling the requirements of the MOU and will allow
SDG&E to proceed with the construction involved with the undergrounding of the 138 kV line. This
will also be coordinated with the work involved in undergrounding the new 230 kV line along the
same alignment. Work will not commence until all issues regarding the alignment have been
resolved.
FISCAL IMPACT:
The current project estimate for the Bayfront project is $20 million to underground the portion of Tie
Line 13815 between Tower 189507 (at SR-54) and Tower 281763 (the current switchyard). Pursuant
to the MOU, the City agreed to pay the actual cost of under grounding Tie Line 13815 utilizing its
20A funds or any alternative funding the City may have. The City agreed to reserve and designate its
entire unspent 20A allocation and to designate and dedicate one half of its $2 million annual
allocation ($1 million annually) from 2004-2013 as additional initial funding for undergrounding Tie
Line 13815.
It is anticipated that the funds required for the Bayfront undergrounding will be posted in 2009. In
accordance with the MOU, the City will have approximately $11.5 million in 20A funds available
for the Bayfront undergrounding as of March 2009. The MOU provides for the City to borrow ahead
against 20A funds for the Bayfront undergrounding. Based on current project estimates, the City will
need to exercise this provision to complete the Bayfront project, borrowing approximately $8.5
million. Section I.4.D of the MOU allows the City to borrow ahead a total of $15.0 million to
complete the funding of the undergrounding of Tie Line 13815, providing that the Franchises are in
effect.
City staffwill work continuously with SDG&E and other utilities in order to reduce the cost of the
undergrounding. It is anticipated that constructing this project in conjunction with other SDG&E
projects, such as installation of the new 230 kV line, will reduce commercial impacts, reduce
environmental impacts and potentially reduce overall construction costs. This would enable the City
to use the savings for other undergrounding proj ects.
5-3
Page 4 Item
Meeting Date
s-
4/25/06
No General Fund monies will be used for the construction ofthis project.
Conflict of/nterest: None of the Council members own property within 5.0.0 feet of the proposed
improvements.
Exhibits:
A.
B.
Bayfront Utility Underground District Plat
Resolution 2.0.06-.087 and Council Agenda Statement dated March 21, 2.0.06
J :\EngineerlAGENDA ICAS2006104-25-06\Bayfront Undergrounding Public Hearing.doc
5-4
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E><ftlerr B
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE CITY'S INTENTION TO UNDERGROUND OVERHEAD 138KV
ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA VISTA
BAYFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND
TOWER 188701, INCLUDING TOWER 188701, AND SETTING A PUBLIC HEARING
FOR THE FORMATION OF A UTILITY UNDERGROUNDING DISTRICT
ON APRIL 25, 2006 AT 6:00 PM
WHEREAS, on October 12, 2004 Council approved a Memorandum of Understanding
between the City and San Diego Gas and Electric Company (SDG&E) providing for specific
benefits to be included under the forthcoming Franchise agreements, and;
WHEREAS, on November 16, 2006 Council adopted Ordinances 2004-2987 and 2004-
2988, which granted SDG&E ten-year franchises for the transmission and distribution of electricity
and natural gas, respectively, within the City of Chula Vista. These franchises shaH be
automatically extended for a new term of an additional 20 years upon SDG&E's completion of all
the requirements of the MOU, and;
WHEREAS, the MOV states that a key objective of the City is to remove overhead electric
transmission lines and towers along the. Bayfront between the City's northerly border and the
electrical substation adjacent to the Duke Energy Power Plant, and;
WHEREAS, the MOV also provided that the City would pay for the undergroWlding of one
138 kV electrical line (Tie Line 13815) and that SDG&E would pay for the removal of the other
existing 138 kV lines, the undergrounding of a new 230kV line, and the removal of all structures
along the tie line, and;
WHEREAS, SDG&E plans to complete undergrounding all 138 kV and 230 kV
transmission lines between Tower 189507 (at the Sweetwater River) and Tower 281763 (at the
existing electrical substation) before December 31, 2008, but that the eventual intent is to also
underground the remaining 138 kV line down to the relocated substation at Tower 188701, and;
WHEREAS, in accordance with Section 15.32.130 of the Chula Vista Municipal Code,
Council is required to set a public hearing for the establishment of a Utility Underground District in
order to determine if the public health, safety or general welfare will be served;
NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista does
hereby declare its intent to underground overhead 138kV electrical transmission lines (Tie Line
13815) along the Chula Vista Bayfront and supporting structures between Towerl89507 and Tower
188701, including Tower 188701, and set a public hearing for the formation of a Utility
Underground District on April 25, 2006 at 6:00 pm.
5-8
Resolution No, 2006-
Page 2
Presented by
Approved as to fonn by
Leah Browder
Acting Director of Engineering
~tL~~
Ann Moore
City Attorney
H:\Attorney\Final Resos\2006\3 21 06\Bayfront Under grounding Notice of Intent,doc
.5-9
I!XHIBIT b
COUNCIL AGENDA STATEMENT
Item
Meeting Date
~
3/21/06
ITEM TITLE:
Resolution declaring the City's intention to underground overhead
138 kV electrical transmission lines (Tie Line 13815) along the Chula Vista
Bayfront and supporting structures between Tower 189507 and Tower
188701, including Tower 188701, and setting a public hearing for the
formation of a Utility Underground District on Apri125, 2006 at 6:00 pm
Acting Director of Engineeringti)
City Manag'; ;tr/~ J7~
(4/5ths Vote: Yes _ NolO
SUBMITTED BY:
REVIEWED BY:
In order to proceed with the City's redevelopment of the Bayfront, the large 13 8 k V electrical
transmission lines curreotly located west of Bay Boulevard must be installed underground and the
towers require r=oval. Since SDG&E is planning to replace the electrical substation serving Chula
Vista and upgrade the transmission lines by June 2008, this would be an appropriate time to
underground the remaining 138 kV line using 20A funds. The terms for the performance of this
work were outlined in the M=orandum of Understanding between the City and SDG&E dated
October 12, 2004.
RECOMMENDATION: That Council approve the resolution declaring the City's intention to
underground overhead electrical transmission lines along the Bayfront and set a public hearing for
the formation of a Utility Underground District on April 25, 2006
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Chula Vista's energy franchise agreements with SDG&E expired on November 30,1997. The City
granted SDG&E five-year agreements on September 1,1998 and began formal negotiations for a
long-term agreement in July 2002. At the beginning of negotiations, Council directed staff to make
transmission line undergrounding a top priority and to target the Chula Vista Bayfront transmission
lines as the first objective. On October 12, 2004 Council approved a Memorandum of
Understanding (MOU) between the City and SDG&E which specifically outlines the process and
funding for undergrounding the Bayfront 138 kV transmission lines (see Attachment A). On
November 16,2004, Council adopted Ordinances 2004-2987 and 2004-2988, which granted SDG&E
ten-year franchises for the transmission and distribution of electricity and natural gas, respectively,
within the City of Chula Vista. The franchises will be a.utomatically extended for a new term of an
additional20-years upon SDG&E's completion ofal] the requirements of the MOV.
SDG&E currently has three 138 kV transmission lines that run from the South Bay Power Plant at L
Street northerly past the Chula Vista boundary, which serve centra] and southern San Diego County.
5-10
Page 2 Item ~
Meeting Date 3/21/06
In order to provide increased system reliability, SDG&E proposes to replace the aging Main Street
substation in San Diego with a new 230/69 kV substation. As a part of this project, SDG&E will
replace two of the three existing 138 kV transmission lines with a single 230 kV line. SDG&E has
agreed to pay all costs associated with the removal of these two lines and the undergrounding of the
new line. The City has agreed to pay for the cost of under grounding of the remaining 138 kV line,
also known as Tie Line 13815, with its 20A funds. These funds are collected on the utility bills of
area residents and are generally distributed based on the amount of remaining overhead electrical
lines. SDG&E has agreed to provide an ongoing revenue stream of$2.0 million per year through the
duration of the agr=ent.
After construction of the new substation and transmission lines has been completed, SDG&E will
pay for the removal of the towers and portion of Tie Line 13815 located between Tower 189507 (at
SR-54 south of the Sweetwater River) and Tower 281763 (near Sierra Way) at the existing
substation. All work is to be completed before December 31, 2008. At a later date, the substation
will be relocated to the south in conjunction with the COnstruction of the new electrical power plant,
which is anticipated for completion sometime between 2011 and 2015. The remaining portion of Tie
Line 13815 will be undergrounded with 20A funds at that time. SDG&E will pay for the removal of
the other 138 kV circuit, supporting structures, and towers, including Tower 188701 (near Naples
Street), as well as any other costs involved in relocating the switchyard.
.
Although only the portion of Tie Line 13815 between Towers 189507 and 281763 will be
undergrounded by 2008, the entire area to be undergrounded per the MOU is included in the
underground district. This is to confirm the intent of the City to underground the 138 kV line down
to the new switchyard location. The remaining 69 kV lines will be considered for undergrounding
as Bayfront development progresses.
In the Staff Report on Utility Undergrounding Program Funding and Priorities (presented to Council
on November 22, 2005) (see Attachment B), the cost to the City was estimated at $17.0 million for
the entire Bayfront undergrounding project. The current project estimate is $20.5 million. This
increase in cost should not affect the design and construction schedule for the Districts for Fourth
Avenue from L Street to Monserate Avenue and for L Street from Monserate Avenue to Nacion
Avenue, since the work on these districts will commence prior to completion of the Bayfront
District. Work on the remaining three districts on L Street and J Street may require postponement.
However, staff is currently working on an effort that includes presenting alternative funding sources
for utility undergrounding that would allow the Council the opportunity to consider options for
reworking the citywide undergrounding program.
Section 15.32.130 of the Chula Vista Municipal Code requires the Council to set a public hearing for
the establishment of a utility underground district in order to determine if the public health, safety or
general welfare will be served. Approval of this resolution will set a public hearing for the April 25 ,
2006 Council Meeting at 6:00 pm. Notice shall subsequently be sent to all affected persons and
concerned utility companies of the time and place of the hearing at least 15 days in advance. Since
only electrical transmission lines are involved, SDG&E is the only affected utility. The owners of
the parcels through which the utility trenching will occur will be notified. Conversion work on these
- 5-11
Page 3 Item
Meeting Date
o
3/21/06
properties will not need to be done, since there are no distribution lines serving the parcels. A map
of the undergrounding district is provided in Attachment C.
FISCAL IMPACT:
The current project estimate for the Bayfront project is $20.5 million to underground the portion of
Tie Line 13815 between Tower 189507 (at SR-54) and Tower 281763 (the current switchyard). In
accordance with the MOU, the City will have set aside a total of approximately $9.7 million in 20A
funds for the Bayfront undergrounding as of March 2008. The MOU provides for the City to borrow
ahead against 20A funds for the Bayfront undergrounding. The City will need to exercise this
provision to complete the Bayfront project, borrowing approximately $1 0.8 million. Section I.4.D of
the MOU allows the City to borrow ahead a total of$15.0 million to complete the funding of the
undergrounding of Tie Line 13815, providing that the Franchises are in effect.
No General Fund monies will be used for the construction of this project.
Attachments:
A. Memorandum of Understanding dated October 12,2004 between City and SDG&E
B. Staff Report on Utility Undergrounding Program Funding and Priorities, dated November
22,2005
C. Bayfront Undergrounding District Plat
J :\EngmceIlAGENDA \CAS2006\03-21-06\Bayfrant Undergra1JIlding.doc
5-12
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CllliLA VISTA ESTABLISIDNG
THE BA YFRONT UTILITY UNDERGROUND DISTRICT TO UNDERGROUND OVERHEAD
138KV ELECTRICAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA
VISTA BAYFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND
TOWER 188701, INCLUDING TOWER 188701.
WHEREAS, on October 12, 2004 Council approved a Memorandum of Understanding
between the City and San Diego Gas and Electric Company (SDG&E)which specifically outlines
the process and funding for undergrounding the Bayfront 138KV transmission lines; and;
WHEREAS, on November 16, 2006 Council adopted Ordinances 2004-2987 and 2004-
2988, which granted SDG&E ten-year franchises for the transmission and distribution of electricity
and natural gas, respectively, within the City of Chula Vista. These franchises shall be
automatically extended for a new term of an additional 20 years upon SDG&E's completion of all
the requirements of the MOU, and;
WHEREAS, the MOU states that a key objective of the City is to remove overhead electric
transmission lines and towers along the Bayfront between the City's northerly border and the
electrical substation adjacent to the Duke Energy Power Plant, and;
WHEREAS, the MOU also provided that the City would pay for the undergrounding of one
138 kV electrical line (Tie Line 13815) and that SDG&E would pay for the removal of the other
existing 138 kV lines, the undergrounding of a new 230kV line, and the removal of all structures
along the tie line, and;
WHEREAS, SDG&E plans to complete undergrounding all 138 kV and 230 kV
transmission lines between Tower 189507 (at the Sweetwater River) and Tower 281763 (at the
existing electrical substation) before December 31, 2008, but that the eventual intent is to also
underground the remaining 138 kV line down to the relocated substation at Tower 188701, and;
WHEREAS, Council adopted Resolution 2006-07 declaring the City's intention to
underground overhead 138 kV electrical transmission lines along the Chula Vista Bayfront and set a
public hearing for April 25, 2006 in accordance with Section 15.32.130 of the Chula Vista
Municipal Code; and;
WHEREAS, notices of the public hearing have been sent to all affected property owners and
published in the Chula Vista Star News in accordance with Section 15.32.140 of the Chula Vista
Municipal Code, and;
WHEREAS, a public hearing has been held on April 25, 2006 to consider the establishment
of the Bayfront Utility Underground District and all persons interested were given the opportunity
to be heard, and;
5-13
Resolution No. 2006-
Page 2
.
NOW, THERFORE BE IT RESOLVED, by the City Council of the City Chula Vista as
follows: 1) that the Council finds that he general welfare of the City requires the removal of poles,
overhead wires and associated overhead structures within the Chula Vista Bayfront and the
underground installation of wires and facilities for supplying electric service, 2) that the Council
establishes the Bayfront Utility Underground District to underground overhead 138kV electrical
transmission lines (Tie Line 13815) along the Chula Vista Bayfront and supporting structures
between Tower189507 and Tower 188701, including Tower 188701.
.
Presented by
Approved as to form by
'-Ce
-
tZ. ~~
Leah Browder
Acting Director of Engineering
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2006\04- 25-06\Bayfront Undergrounding District.doc
5-14
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
I;;
Item:
Meeting Date: 4/25/06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FIRE DEPARTMENT
TO RE-OPEN OLD FIRE STATION 3 LOCATED AT 266
EAST ONEIDA STREET AS INTERIM FIRE STATION 9 TO
PROVIDE ADDITIONAL FIRE AND EMERGENCY
MEDICAL SERVICES TO THE COMMUNITY AND
AMENDING THE FY06 FIRE DEPARTMENT BUDGET
APPROPRIATING $55,056.55 FOR THE PURCHASE OF
EQUIPMENT AND MATERIALS REQUIRED TO
COMMENCE STATION OPERATIONS.
RESOLUTION OF THE CITY COUNCIL ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT, PS164
ENTITLED "INTERIM FIRE STATION #9
IMPROVEMENTS", AMENDING THE FY06 CAPITAL
IMPROVEMENT BUDGET APPROPRIATING $27,851 FOR
IMPROVEMENTS REQUIRED FOR RE-OPENING THE
STATION.
Fire Chief~~~
City Manager f)
(4/5ths Vote: YesLNo _)
The Fire Department was awarded a federal grant in the amount of $900,000
from the FY 2005 Firefighter Assistance Safer Grant. These funds were used to
achieve full staffing of the department's Light and Air Heavy Rescue Vehicle.
The Fire Department wishes to situate the Light and Air Rescue Vehicle in the
most effective location and maximize its effectiveness. In an effort to achieve
this, the fire department is recommending the placement Light and Air Rescue
Vehicle at current Fire Station 3 and the movement of the engine company
currently located at Station 3 to the fire station that was previously designated as
Station 3 located at 266 Oneida Street. This station would be re-opened as
interim Fire Station 9.
6-1
1
Item:
Meeting Date:
b
4/25/06
RECOMMENDATION: That Council approves the above resolutions and
thereby:
. Reopens old Fire Station 3 as the new Interim Fire Station 9
. Appropriates $37,063 to the fiscal year 2006 Fire Department
Services and Supplies budget and $17,994 to the Capital budget
from the General Fund for the purchase of materials and equipment
necessary to re-open interim Fire Station 9
. Establishes a new CIP, PS164 titled "Interim Fire Station #9
Improvements" and appropriates $27,851 to the Capital
Improvement Budget from the General Fund for improvements
required for re-opening the station
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND:
.
The Fire Department has been awarded federal funding in the amount of
$900,000 from the FY 2005 Firefighter Assistance Safer Grant. Funds from this
grant have been made available to the City over a five-year period beginning
February 2006. The grant has been used to hire six firefighter positions and
three fire captains to achieve full staffing of the Fire Department's Light, Air, and
Heavy Rescue vehicle. Staffing for the vehicle was approved in concept as part
of the Fire Department's Strategic Business Plan. Acceptance of these grant
funds by Council on December 6, 2005 enabled the Fire Department to achieve
full staffing of the Light, Air, and Heavy Rescue Vehicle two years ahead of
schedule.
DISCUSSION:
In developing a plan for the implementation of the new fully-staffed rescue
vehicle, fire staff has identified some additional benefits to the citizens of the City
of Chula Vista that were not initially apparent. By stationing the rescue vehicle at
Fire Station 3, and moving Engine Company 53 from the newer Fire Station 3 to
the old Fire Station 3 (Interim Fire Station 9) we have been able to derive the
following benefits:
6-2
2
Item:
Meeting Date: 4/25/06
The engine company at Interim Fire Station 9 will have a positive impact on
response times for fire and Emergency Medical Service (EMS) calls in the area
immediately surrounding that station. Besides this immediate benefit, it will also
help improve response times by shortening the response times of the
surrounding engine companies by decreasing the response times to the outer
edges of their respective response areas. Shortening the response times of the
surrounding engine companies will also aid in improving response times in their
assigned districts.
The response times are directly shorter, because each respective response area
is smaller and this results in a shorter travel time to all incidents in the response
area. Another direct positive impact occurs when the engines are not involved in
the long responses to the outer edges of the response areas. Without those long
responses, the engines will be more often available for responses in their newer,
condensed response areas. When an engine is unavailable for a concurrent call
for service in its area, the next closest engine is dispatched and this results in
extended response times.
The new location for Engine 53 will have an indirect positive impact on response
times into the surrounding response areas of Fire Stations 1, 2, 3, and 5. The
location of Interim Fire Station 9 allows the crew a shorter driving time for
secondary concurrent calls for service in those adjoining response areas, again
reducing the overall response time for that part of the system. For fire incidents,
the newly located Engine 53 will have a tremendously positive impact on
adjoining response areas in terms of the three critical performance measures of
response time, firefighting equipment, and fire personnel on scene in the early
labor-intensive stages of the fire.
Finally, the help that the newly located Engine 53 will be able to offer, will
positively impact the Fire Station response areas that need help the most-Fire
Stations 5 and 1. Fire Station 5 and 1 are the busiest in the system, and are the
ones that suffer most from high call frequency and secondary concurrent calls for
service.
CONCLUSION:
The multiple direct and indirect service benefits of reopening old Fire Station 3 as
the new Fire Station 9 more than offsets the minimal, and for the most part non-
recurring, costs of operating the fire station. Utilities and normal preventive
maintenance are the only recurring expenses for the new Fire Station 9.
6-3
3
Item:
Meeting Date: 4/25/06
Therefore, Fire Department is recommending the re-opening of old Fire Station 3
located at 266 East Oneida Street as interim Fire Station 9. This station will be
staffed on a 24-hour basis by moving the engine company from current Fire
Station 3. The current Fire Station 3 will be staffed with the Light, Air, and Heavy
Rescue vehicle that will be fully staffed and put into service. The re-opening of
interim Fire Station 9 will enable the Fire Department maximize the usage of
available resources and enhance services to the community.
FISCAL IMPACT:
.
The total one-time costs for equipment, materials and reconditioning required for
the re-opening old Fire Station 3 as interim Fire Station 9 are $82,908.10 and will
result in a one-time impact to the General Fund in FY 2005-06. These costs are
summarized in the following table:
Description Proposed Expenditure
Furniture $11,040
Computers and Comm. Eauip. $ 24,050
Household Supplies $ 4,700
Office Supplies $ 3,210
Enaine Room Tools/Eauipment $ 3,300
Appliances $ 4,568
General Repairs and Fixtures $ 13,770
Electrical, Painting, Plumbing, Security $ 5,350
Materials and Cleanina Service
Sales Tax $ 5,383
Continaency 10% $ 7,537
Total Costs $ 82,908
In addition, ongoing utilities and maintenance costs in the amount of $11,900 will
be included in the FY 2006-07 Fire Department budget as baseline adjustments.
6-4
4
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6-6
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE FIRE DEPARTMENT TO RE-OPEN
OLD FIRE STATION 3 LOCATED AT 266 EAST ONEIDA STREET
AS INTERIM FIRE STATION 9 TO PROVIDE ADDITIONAL FIRE
AND EMERGENCY MEDICAL SERVICES TO THE COMMUNITY
AND AMENDING THE FY06 FIRE DEPARTMENT BUDGET
APPROPRIATING $55,056.55 FOR THE PURCHASE OF
EQUIPMENT AND MATERIALS REQUIRED TO COMMENCE
STATION OPERATIONS
WHEREAS, The Fire Department was awarded a federal grant in the amount of
$900,000 from the FY 2005 Firefighter Assistance Safer Grant; and,
WHEREAS, These funds were used to achieve full staffing of the department's
Light, Air, and Heavy Rescue vehicle; and,
WHEREAS, The Fire Department wishes to situate the Light, Air, and Heavy
Rescue vehicle in the most effective location and maximize its effectiveness; and,
WHEREAS, In an effort to achieve this, the Fire Department is recommending
the placement of the Light, Air, and Heavy Rescue vehicle at current Fire Station 3 and
the movement of the engine company currently located at Station 3 to the fire station that
was previously designated as Station 3 located at 266 Oneida Street; and,
WHEREAS, This station would be re-opened as interim Fire Station 9; and,
WHEREAS, The cost to FY 2005-06 Fire Department budget for the purchase of
materials and equipment necessary to re-open interim Fire Station 9 is $55,056.55; and,
WHEREAS, The re-opening of interim Fire Station 9 will enable the Fire
Department to maximize the usage of available resources and enhance services to the
community; and,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Chula Vista does hereby accept the fire department recommendation to place the Light,
Air, and Heavy Rescue vehicle at current Fire Station 3, and the movement of the engine
company currently located at Station 3 to the fire station that was previously designated
as Station 3 located at 266 Oneida Street. This station will be re-opened as interim Fire
Station 9, and $55,056.55 in funds will be appropriated to Supplies and Services and
Capital in the Fire Department Budget.
6-7
Presented by:
Douglas A. Perry
Fire Chief
H:/sharedlattorneylFire-Re-Open Fire Sta 3 as interim Fire Sta 9a
6-8
Approved as to form by:
~~'[~t',s~\.~ \~
Ann Moore
City Attorney
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT, PS164
ENTITLED "INTERIM FIRE STATION #9
IMPROVEMENTS", AMENDING THE FY06 CIP PROGRAM
AND APPROPRIATING $27,851 TO PS164 FOR
IMPROVEMENTS NECESSARY TO RE-OPEN THE
STATION
WHEREAS, The Fire Department was awarded a federal grant in the amount of
$900,000 from the FY 2005 Firefighter Assistance Safer Grant; and,
WHEREAS, These funds were used to achieve full staffing of the department's
Light, Air, and Heavy Rescue vehicle; and,
WHEREAS, The Fire Department wishes to situate the Light, Air, and Heavy
Rescue vehicle in the most effective location and maximize its effectiveness; and,
WHEREAS, In an effort to achieve this, the fire department is recommending the
placement Light, Air, and Heavy Rescue vehicle at current Fire Station 3 and the
movement of the engine company currently located at Station 3 to the fire station that
was previously designated as Station 3 located at 266 Oneida Street; and,
WHEREAS, This station would be re-opened as interim Fire Station 9; and,
WHEREAS, The cost to the FY 2005-06 Capital Improvement Project Budget for
reconditioning and improvements necessary to re-open interim Fire Station 9 is $27,851;
and,
WHEREAS, The re-opening of interim Fire Station 9 will enable the Fire
Department to maximize the usage of available resources and enhance services to the
community; and,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Chula Vista does hereby accept the fire department recommendation to place the Light,
Air, and Heavy Rescue vehicle at current Fire Station 3, and the movement of the engine
company currently located at Station 3 to the fire station that was previously designated
as Station 3 located at 266 Oneida Street. This station will be re-opened as interim Fire
Station 9, and $27,851 in funds will be appropriated to Non-Departmental Minor Capital
Improvements in the Capital Improvement Project Budget.
Presen
-/
Approved as to form by:
~ ~}M.
Ann Moore
City Attorney
\
ouglas A. Perry
Fire Chief
H:/shared/attorneylFire-Re-Open Fire sta 3 as interim Fire sta 9 for CIP a
6-9
CITY COUNCIL
AGENDA STATEMENT
ITEM NO..
MEnlNG DATE.
1
04/25/06
ITEM TITLE. RESOLUTION ADOPTING LEGISLATIVE POSITIONS ON 2005-2006
BILLS INVOLVING SCHOOL PEDESTRIAN-BICYCLIST SAFETY
PROGRAMS: AS 1324 (VARGAS) & AS 2465 (DE LA TORRE)
SUBMlnED BY. ASSISTANT CITY MANAGER/DIRECTOR OF COMMUNITY "" u...
DEVELOPMENT i"\ ~I "
REVIEWED BY. CITY MANAGER fJ/ pR
4/5THS VOTE. YES D NO 0
BACKGROUND
At the Cily Council's March 28, 2006 regular meeting, staff received a legislative referral from
Council on the topic of school pedestrian and bicyclist safely. Specifically, Council Member
Chavez expressed strong interest in a new Iype of safely program that implements traffic control
and calming measures in school zones through the establishment of double-fine zones (DFZs),
similar to those used in construction zones. Council directed staff to bring a full report back with
recommended positions on relevant legislation.
There are currently two bills in session directly dealing with this topic, AS 1324 (Vargas, D-79)
and AI 2465 (De La Torre, D-50). Both bills (Attachments A and B, respectively) would
authorize counties and cities, including Chula Vista, to coordinate with local school districts and
law enforcement agencies to participate in a pilot project that would penalize drivers for
misdemeanors and infractions in school zones at higher assessments or fees. Under this
program, misdemeanors would result in a double-fine, and minor infractions would result in fines
one category higher than what is otherwise prescribed by the uniform traffic penalty schedule
(Vehicle Code 940310). The purpose of the program is to increase driver awareness in and
around school zones, and prevent and deter traffic violations in school zones that pose a serious
safely risk to school children. The additional fines resulting from the program would be kept in a
special account created by the County Treasurer. Those monies would be used to offset the cost
of the programs to the agencies and fund other "programs that enhance the safely of students
traveling to and from school on foot or by bicycle" (AB 1886 - Chapter 590, Statutes of 2002).
AB 1324 and AB 2465 are consistent with the Cily's 2006 Legislative Program to support efforts
to "legalize alternative" methods of police enforcement activities" (Section L 1J.) and "provide
funding for" local public safely staffing, programs or equipment, as well as programs that foster
interdepartmental or inter-agency cooperation" (Section L 1.h.). Staff is recommending that the
7-1
PAGE 2, ITEM NO.:
MEETING DATE:
7
04/25/06
Council approve the resolution adopting positions of (1) support for AB 2465 (De La Torre) and
(2) support for AB 1324 (Vargas), if amended.
.
RECOMMENDATIONS
1. Approve the resolution adopting the following legislative positions for the current 2005-
2006 Two-Year Legislative Session:
.
BILL AUTHOR SUMMARY POSITION
AB 1324 Vargas Expands the availability of the "School SUPPORT if amended to
Pedestrion-Bicyclist Sofety Program" delete A8 1 8B6's sunset
creoted by AB 1886 (Jackson, 2002) to date (Jon. 1, 2007), or
include San Diego County and cities. extend it for at least three
years.
AB 2465 De La Torre Expands the availability of the "School SUPPORT.
Pedestrian-Bicyclist Safety Program"
created by AB 1886 (Jackson, 2002) to
include ALL California counties and
cities. Deletes the AB 1886 sunset
clause (Jan. 1, 2007).
2. Dired staff to coordinate with the Mayor's office to draft and send position letters for AB
1324 (Vargas) and AB 2465 (De La Torre), as appropriate.
BOARDS/COMMISSIONS RECOMMENDATIONS
None.
DISCUSSION
The following discussion provides a historical overview of the School Pedestrian-Bicyclist Safety
Program, including an analysis of past and present legislation.
AB 1886 (Chapter 590, Statutes of 2002)
In 2002, the Legislature passed special legislation implementing a pilot projed in three
counties - Alameda, Santa Barbara, Ventura - authorizing those counties, and the cities
within, to coordinate with local school distrids and law enforcement agencies to participate in
a newly created School Pedestrian-Bicyclist Safety Program. Under AB 1886 (Chapter 590,
Statutes of 2002), counties and cities opting to participate in the Program may establish and
enforce traffic zones near schools in which traffic violators are fined at higher penalty
assessments to deter unsafe driving and speeding. Misdemeanors would result in a double-
fine, and minor infractions would result in fines one category higher than what is otherwise
7-2
PAGE 3, ITEM NO.:
MEETING DATE:
1
04/25/06
prescribed by the uniform traffic penalty schedule (Vehicle Code 940310). To effectively
implement the Program and establish special traffic zones, counties and cities must
coordinate and agree upon consistent signage and enforcement practices. Upfront costs for
participating counties and cities include the direct costs for materials (signs and posts) and
lobor costs for installation of the signs. The additional revenues from the increased fines and
penalties are kept in a special account in the County Treasury to offset the costs of the
Program and provide additional funding for other "programs that enhance the safety of
students traveling to and from school on foot or by bicycle." Funds can only supplement
programs and not supplant existing expenditures for existing programs.
January J. 2007 Sunset Date
As a pilot project, the School Pedestrian-Bicyclist Safety Program is a four-year temporary
program scheduled to expire on January 1, 2007. When AB 1886 became law on January
1, 2003, it contained a "sunset clause" which will repeal, on January 1, 2007, all provisions
of AB 1886 unless a new bill is enacted to extend or delete the sunset date. To provide a
basis for extension or deletion, AB 1886 also required that the California Highway Patrol
(CHP) prepare a comprehensive report to the Legislature on or before July 1, 2006 that
measures the effectiveness of the Program and assesses how the new traffic zones and
increased fines improved traffic and pedestrian safety within participating school zones.
Based on recent discussions with Sacramento staff, City staff does not anticipate the CHP
report to be released until July 1.
AB 2029 (Vargas, 2004)
Two year after AB 1886, Assembly Member Juan Vargas introduced AB 2029 in 2004, which
would have expanded the availability of the AB 1886 Safety Program to San Diego County
and cities. AB 2029 passed the Assembly but "died" in Senate committee. Assembly Member
Vargas had pulled the bill from hearing due to an anticipated lack of affirmative votes.
Analyses of AB 2029 indicated that the expansion of AB 1886 to other counties and cities
would have been premature, and that not enough time had passed to accurately assess the
effectiveness of the Safety Program.
AB 1324 (Vargas, 2005)
The following year, Assembly Member Vargas revived AB 2029 in the form of AB 1324 with
the City of San Diego sponsoring the bill as part of the City's "Back-To-School Traffic Safety
Campaign." As introduced in 2005, AB 1324 would expond AB 1886 and the availability of
the Safety Program to San Diego County and the cities within. As currently written, however,
AB 1324 would not extend or repeal the January 1, 2007 sunset date. AB 1324 should be
amended to delete the sunset date, or extend it for at least three years.
Based on recent discussions with Assembly Member Vargas's office, it is staff's understanding
that the author will be amending AB 1324 in committee when the bill is heard in the Senate
Transportation & Housing Committee in June or July. The author is considering amendments
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that would apply AB 1886 to ALL California counties and cities, and delete the sunset clause
entirely.
.
City staff recently spoke with the County of Alameda about the implementation and
effectiveness of the AB 1886 Safety Program. Immediately following the enactment of AB
1886 in 2003, the County of Alameda and all 17 cities opted to participate in the Safety
Program. To effectively administer the Program, the County, the 17 cities, the CHP, and the
local school districts spent an entire year coordinating strategies and resources to create
consistent practices in signage design and Program enforcement. With additional learning
curves and hurdles during the next year, it took another year before the Program was fully up
and running. Alameda County staff believes it is still too early to assess the overall
effectiveness of the Program from both a revenue and safety perspective.
AB 1324 passed the Assembly Transportation Committee (Ayes 12. Noes 1.) and Assembly
Floor (Ayes 75. Noes 3.), and is currently in the Senate Transportation & Housing Committee
awaiting hearing.
".Recommendation: SUPPORT AB 1324 if amended to delete the January 1, 2007 sunset
clause, or extend it for at least three years.
AB 2465 (De La Torre, 2006)
Introduced this year, AB 2465 would: (1) apply AB 1886 and the School Pedestrian-Bicyclist
Safety Program to ALL counties and cities in California, and (2) delete the sunset clause for AB
1886 entirely. Assembly Member De La Torre represents the 50th Assembly District which
includes multiple cities and communities in central Los Angeles County. AB 2465 is in
Assembly Transportation Committee awaiting hearing.
...Recommendation: SUPPORT AB 2465.
Local Considerations for Chula Vista
AB 1324 and AB 2465 would expand the availability of the AB 1886 Safety Program to the
City of Chula Vista. The passage of these bills in and of itself, however, would not have an
immediate or direct impact on the City of Chula Vista since participation in the Safety Program
requires formal action by the City to establish a local program. If either of these bills is enacted,
and the City opts to participate, it will need to consider the following factors.
1. Inter-Aaencv Coordination. The City should coordinate efforts with the County, CHP, and
school districts to establish consistency among the jurisdictions on signage and
enforcement practices. Inter-jurisdictional consistency will ensure greater driver
awareness throughout San Diego County of the double-fine zones. The various agencies
should also collaboratively work with the courts to establish consistent enforcement
methods that meet standards that will be upheld by the courts.
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In Alameda County, numerous tickets written during the first year of the Safety Program
were thrown out by the courts for minor technical reasons involving the formatting of
tickets. Significant revenues were lost as a result. Better upfront coordination by the
vanous local agencies and the courts would have avoided these issues and revenue
losses.
2. Budaet. The City will need to appropriately budget for the establishment of the Safety
Program. Startup costs will primarily include the cost of materials for signs and posts, and
labor costs for installation. Increased traffic enforcement activities in school zones would
also have budget implications. The City should plan for at least two to three years after
establishment of the Program for generation of sufficient revenues in the County Treasury
special account to offset the Program's startup costs.
Alameda County installed signs for 15 schools located in unincorporated parts of the
County. Approximately 12 signs were installed at each schoo/. The total cost countywide
was approximately $30,000, or $2,000 per schoo/. These startup costs were incurred
during the first two years of the Safety Program. Due to the long startup process,
Alameda County generated little or no revenues from the special account during most of
the first three years of the Program. The County still is struggling to recoup its startup
costs.
There are approximately 45+ schools (non-adult) located in the City of Chula Vista. At
$2,000 per schoOl, startup costs for the City could total $90,000 or more.
FISCAL IMPACT
The passage and enactment of AB 1324 and AB 2465 alone would have no fiscal impact on the
City. If either bill is enacted and the City elects to participate in the School Pedestrian-Bicyclist
Safety Program, the City will need to appropriately budget for the Program's startup costs,
including labor and materials.
AnACHMENTS
Attachment A - Bill T exl from AB 1324 (Vargas)
Attachment B - Bill T exl from AB 2465 (De La Torre)
Prepared by: Ken Lee, Principal Community Development Specialist, exl. 3336
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ATTACHMENT A
CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION
ASSEMBLY BILL
No. 1324
Introduced by Assembly Member Vargas
February 22, 2005
An act to amend Section 45452 of tbe Education Code, and to
amend Section 42011 oftbe Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1324, as introduced, Vargas. vehicles: school
pedestrian-bicyclist safety program.
Existing law creates a school pedestrian-bicyclist safety program
and doubles or increases the filles for a designated violation occurring
in a specially posted school pedestrian-bicyclist safety zone, as
specified, in Alameda County, Santa Barbara County, Ventura
County, or in any city in any of those counties where tbe program is
adopted by a vote of the city council, or tbe county board of
supervisors, as appropriate, and is established in collaboration with
local school districts within those jurisdictions, if that county or city
opts for the application of this law.
This bill would, in addition, apply the above provisions to San
Diego County.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION I. Section 45452 of tbe Education Code is
2 amended to read:
3 45452. (a) The County of Alameda, the County of San Diego.
4 the County of Santa Barbara, tbe County of Ventura, or any city
99
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AD 1324
-2-
.
1 within any of these counties, in collaboration with local school
2 districts within those jurisdictions, may establish a school
3 pedestrian-bicyclist safety program and receive funds from a
4 special account in the county treasury established pursuant to
5 Section 1463.21 of the Penal Code if those funds are used to fund
6 programs that enhance the safety of- Mliaems pupils traveling to
7 and from school on foot or by bicycle. Any funds obtained by a
8 city or county from this source are to supplement any funds
9 already expended by that agency for pedestrian or bicycle safety
10 programs and may not be used to supplant any existing
11 expenditures for those purposes.
12 (b) If a program is established pursuant to subdivision (a) and
13 the services of a law enforcement agency are requested by the
14 program administrator, those services shall be provided by the
15 law enforcement agency having primary traffic investigative
16 authority.
17 (c) This section shall remain in effect only until January 1,
18 2007, and as of that date is repealed, unless a later enacted
19 statute, that is enacted before January 1, 2007, deletes or extends
20 that date.
21 SEe. 2. Section 42011 of the Vehicle Code is amended to
22 read:
23 42011. (a) For any offense specified in subdivision (b) that is
24 committed by the driver of a vehicle under either of the following
25 conditions, the fme in a misdemeanor case shall be double the
26 base amount otherwise prescribed, not including any penalty
27 assessments or other fees or additions, and in an infraction case,
28 the fme shall be one category higher than the penalty otherwise
29 prescribed by the uniform traffic penalty schedule established
30 pursuant to Section 40310, not including any penalty assessments
31 or other fees or additions:
32 (1) When passing a school building or the grounds thereof, if
33 the building or grounds are contiguous to a highway and posted
34 with a standard "SCHOOL" warning sign and an accompanying
35 sign notifying motorists that increased penalties apply for traffic
36 violations that are committed within that school zone, and
37 children are going to or leaving the school either during school
38 hours or during the noon recess period.
39 (2) When passing any school grounds that are not separated
40 from the highway by a fence, gate, or other physical barrier while
99
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AB 1324
1 the grounds are in use by children, and the highway is posted
2 with a standard "SCHOOL" warning sign and an accompanying
3 sign notifYing motorists that increased penalties apply for traffic
4 violations that are committed within that school zone.
5 (b) A violation of any of the following provisions is an offense
6 that is subject to subdivision (a):
7 (1) Article 3 (commencing with Section 21450) of Chapter 2
8 of Division 11, relating to obedience to traffic devices.
9 (2) Chapter 3 (commencing with Section 21650) of Division
10 II, relating to driving, overtaking, and passing.
11 (3) Chapter 4 (commencing with Section 21800) of Division
12 II, relating to yielding the right-of-way.
13 (4) Chapter 6 (commencing with Section 22100) of Division
14 11, relating to turning and stopping and turn signals.
15 (5) Chapter 7 (commencing with Section 22348) of Division
16 11, relating to speed limits.
17 (6) Chapter 8 (commencing with Section 22450) of Division
18 11, relating to special traffic stops.
19 (7) Section 23103, relating to reckless driving.
20 (8) Section 23104, relating to reckless driving which results in
21 bodily injury to another.
22 (9) Section 23109, relating to speed contests.
23 (10) Section 23152, relating to driving under the influence of
24 alcohol or a controlled substance, or a violation of Section
25 23103, as specified in Section 23103.5, relating to alcohol-related
26 reckless driving.
27 (11) Section 23153, relating to driving under the influence of
28 alcohol or a controlled substance, which results in bodily injury
29 to another.
30 (12) Section 23220, relating to drinking while driving.
31 (13) Section 23221, relating to drinking in a motor vehicle
32 while on the highway.
33 (14) Section 23222, relating to driving while possessing
34 marijuana or an open alcoholic beverage container.
35 (15) Section 23223, relating to being in a vehicle on the
36 highway while possessing an open alcoholic beverage container.
37 (16) Section 23224, relating to being a driver or passenger
38 under the age of 21 years possessing an open alcoholic beverage
39 container.
99
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AB 1324
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1 (17) Section 23225, relating to being the owner or driver of a
2 vehicle in which there is an open alcoholic beverage container.
3 (18) Section 23226, relating to being a passenger in a vehicle
4 in which there is an open alcoholic beverage container.
5 (c) (1) This section applies only in Alameda County, San
6 Diego County, Santa Barbara County, Ventura County, or in a
7 city in any of these counties, and only if that jurisdiction has
8 adopted this section by a vote of the city councilor county board
9 of supervisors, as appropriate.
10 (2) The increased fmes authorized by subdivision (a) may only
II be imposed and collected once per offense notwithstanding the
12 fact that the offense occurred within more than one jurisdiction
13 all of which have adopted this section. Furtbermore,__ an
14 increased fIne shall not be imposed if an increased fme is
15 imposed under Section 42009 6f 420 l() because the offense
16 occurred within a highway construction or maintenance area-er
17 gafery enhllfteement area.
18 (d) AfiyA city or county that adopts this section shall promptly
19 notify the Department of the California Highway Patrol and the
20 law enforcement agency having the primary traffic investigative
21 authority ofthatfact.
22 (e) This section shall remain in effect only until January 1,
23 2007, and as of that date is repealed, unless a later enacted
24 statute, that is enacted before January 1, 2007, deletes or extends
25 that date.
o
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7-9
ATTACHMENT B
CALIFORNIA LEGISLATURE-200s-06 REGULAR SESSION
ASSEMBLY BILL
No. 2465
Introduced by Assembly Member De La Torre
February 23, 2006
An act to amend Section 45452 of the Education Code, to amend
Section 1463.21 of the Penal Code, and to amend Section 420 II of the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2465, as introduced, De La Torre. Pedestrian-bicyclist safety:
vehicles: school zone fines.
Existing law, in the case of specified violations relating to rules of
the road and driving under the influence, doubles the fine in the case
of misdemeanors, and increases the fine, as specified, in the case of
infractions, if the violation is committed by the driver of a vehicle
within a highway construction or maintenance area during any time
when traffic is regulated or restricted by the Department of
Transportation or local authorities pursuant to existing law or is
committed within a designated Safety Enhancement Double Fine
Zone.
Existing law authorizes Alameda County, Santa Barbara County,
Ventura County, or any city within those counties, in collaboration
with a school district within their jurisdiction, to establish a school
pedestrian-bicyclist safety program by a vote of the city council, or the
county board of supervisors, as appropriate. Existing law requires a
city or county that adopts the program to promptly notify specified
law enforcement agencies and requires the county treasurer to deposit
the amount of the enhanced portion of the fine in a special account in
the county treasury to be used exclusively to pay for the cost of school
pedestrian-bicyclist safety programs adnllnistered as provided.
99
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AB 2465
-2-
Existing law repeals those provisions on January 1, 2007.
. This bill would expand the authority to establish a school
pedestrian-bicyclist safety program to any city, county, or city and
county.
The bill would also delete the repeal date of the program and related
provisions of law.
By expanding the authority to adopt a pedestrian-bicyclist safety
program to any city, county, or city and county, and extending the
date on which those entities may establish a program indefinitely, the
bill would increase the duties of a county treasurer and would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION I. Section 45452 of the Education Code IS
2 amended to read:
3 45452. (a) Th.e Cetlftt) of t.lameaa, the Colmt) of Sa:ftta
4 D8f13ara, the COME} 6.[ Ycft1:ufa, or flfij dt) n irhin aft) ef the;;J(;
5 e<JI:lntiesA city, county, or city and county, in collaboration with
6 Ieeftl school districts within those jurisdictions, may establish a
7 school pedestrian-bicyclist safety program and receive funds
8 from a special account in the county treasury established
9 pursuant to Section 1463.21 of the Penal Code if those funds are
lOused to fund programs that enhance the safety of sRu!ents pupils
11 traveling to and from school on foot or by bicycle. Any funds
12 obtained by a.city_, county, or city and county from this sOl:lf'ee
13 tIf'e that special account shall be used to supplement any funds
14 already expended by that agene) city, county, or city and county
15 for pedestrian or bicycle safety programs and may not be used to
16 supplant any existing expenditures for those purposes.
99
.
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AB 2465
1 (b) If a program is established pursuant to subdivision (a) and
2 the services of a law enforcement agency are requested by the
3 program administrator, those services shall be provided by the
4 law enforcement agency having primary traffic investigative
5 authority.
6 (e) 'Th:i3 ~ee1;j6n ~hall remain in effcct eni) l:I11!i1 JantlM] 1,
7 2007, and d3 of that date i3 rcpcakd, 111tk33 a later enacted
8 StftMe,!hftt i3 enacted befere Jmnittry 1,2007, deletes er extend3
9 !hftt date.
10 SEC. 2. Section 1463.21 of the Penal Code is amended to
11 read:
12 1463.21. (a) Notwithstanding Section 1463.001, out of
13 moneys deposited with the county treasurer pursuant to Section
14 1463.001, the enhanced pornon of the fine imposed pursuant to
15 Section 42011 of the Vehicle Code shall be deposited in a special
16 account in the county treasury which shall be used exclusively to
17 pay for the cost of school pedestrian-bicyclist safety programs
18 administered in accordance with Section 45452 of the Education
19 Code by a city_, county, or city and count} thltt ha~ adepted in
20 which Section 42011 of the Vehicle Code is applicable.
21 (b) This seeti61'1 shall remain in effeet en1y tmtil JLlfltlary 1,
22 2007, and as ef tftltt date is repealed, tmle~3 a litter enacted
23 statate,!bltt i~ enaeted bef6re JamlM) 1, 2007, delcte~ 61 extends
24 thltt date.
25 SEC. 3. Section 42011 of the Vehicle Code is amended to
26 read:
27 42011. (a) For any offense specified in subdivision (b) that is
28 committed by the driver of a vehicle under either of the following
29 conditions, the fine in a misdemeanor case shall be double the
30 base amount otherwise prescribed, not including any penalty
31 assessments or other fees or additions, and in an infraction case,
32 the fine shall be one category higher than the penalty otherwise
33 prescribed by the uniform traffic penalty schedule established
34 pursuant to Section 40310, not including any penalty assessments
35 or other fees or additions:
36 (1) When passing a school building or the grounds thereof, if
37 the building or grounds are contiguous to a highway and posted
38 with a standard "SCHOOL" warning sign and an accompanying
39 sign notifying motorists that increased penalties apply for traffic
40 violations that are committed within that school zone, and
99
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AB 2465
-4-
1 children are going to or leaving the school either during school
2 hours or during the noon recess period.
3 (2) When passing any school grounds that are not separated
4 from the highway by a fence, gate, or other physical barrier while
5 the grounds are in use by children, and the highway is posted
6 with a standard "SCHOOL" warning sign and an accompanying
7 sign notifying motorists that increased penalties apply for traffic
8 violations that are committed within that school zone.
9 (b) A violation of any of the following provisions is an offense
10 that is subject to subdivision (a):
11 (1) Article 3 (commencing with Section 21450) of Chapter 2
12 of Division 11, relating to obedience to traffic devices.
13 (2) Chapter 3 (commencing with Section 21650) of Division
14 11, relating to driving, overtaking, and passing.
15 (3) Chapter 4 (commencing with Section 21800) of Division
16 11, relating to yielding the right-of-way.
17 (4) Chapter 6 (commencing with Section 22100) of Division
18 11, relating to turning and stopping and turn signals.
19 (5) Chapter 7 (commencing with Section 22348) of Division
20 11, relating to speed limits.
21 (6) Chapter 8 (commencing with Section 22450) of Division
22 11, relating to special traffic stops.
23 (7) Section 23103, relating to reckless driving.
24 (8) Section 23104, relating to reckless driving which results in
25 bodily injury to another.
26 (9) Section 23109, relating to speed contests.
27 (10) Section 23152, relating to driving under the influence of
28 alcohol or a controlled substance, or a violation of Section
29 23103, as specified in Section 23103.5, relating to alcohol-related
30 reckless driving.
31 (11) Section 23153, relating to driving under the influence of
32 alcohol or a controlled substance, which results in bodily injury
33 to another.
34 (12) Section 23220, relating to drinking while driving.
35 (13) Section 23221, relating to drinking in a motor vehicle
36 while on the highway.
37 (14) Section 23222, relating to driving while possessing
38 marijuana or an open alcoholic beverage container.
39 (15) Section 23223, relating to being in a vehicle on the
40 highway while possessing an open alcoholic beverage container.
99
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AB 2465
I (16) Section 23224, relating to being a driver or passenger
2 under tbe age of 21 years possessing an open alcoholic beverage
3 container.
4 (17) Section 23225, relating to being tbe owner or driver of a
5 vehicle in which tbere is an open alcoholic beverage container.
6 (18) Section 23226, relating to being a passenger in a vehicle
7 in which tbere is an open alcoholic beverage container.
8 (c) (1) This section applies ooIy in Alameda Cetlffi), SaIlta
9 BwblH'fl C51:1ftf), Ycftffira CetllH}, er hi a city or county hi afij ef
10 these eetlfitie3, 1mB only if th!lt jtlrisBieti6ll has ad5pted 1:his
11 seelielll by a , ete 5f tbe respective city councilor county board of
12 supervisors, as apprepriate votes to implement this section.
13 (2) The increased fines autborized by subdivision (a) may only
14 be imposed and collected once per offense notwithstanding tbe
15 fact that tbe offense occurred witbin more tban one jurisdiction
16 all of which have adapted voted to implement this section.
17 Furtbermore, no increased fine shall be imposed if an increased
18 fine is imposed under Section 42009 or 42010 because tbe
19 offense occurred witbin a highway construction or maintenance
20 area or safety enhancement area.
21 (d) AnyA city or county tbat aBapt3 votes to implement this
22 section shall promptly notify tbe California Highway Patrol and
23 tbe law enforcement agency having tbe primary traffic
24 investigative autbority of tbat fact.
25 (e) This seetiell shall remain hi eirect efil) tlfitil JlmliM) I,
26 200;, aIld 113 5f!hllt d!lte is repealed, I:IflleS3 a latel enaeted
27 stattlte, th!lt is enaeted bd5fe JlmtI!tf) 1,200;, deletes 51 extelld3
28 that dale.
29 SEC. 4. If tbe Commission on State Mandates detennines tbat
30 this act contains costs mandated by tbe state, reimbursement to
31 local agencies and school districts for tbose costs shall be made
32 pursuant to Part 7 (commencing witb Section 17500) of Division
33 4 of Title 2 of tbe Government Code.
o
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7-14
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING LEGISLATIVE POSITIONS ON 2005-2006
LEGISLATION INVOLVING SCHOOL PEDESTRIAN-BICYCLIST
SAFETY PROGRAMS: AB 1324 (VARGAS) & AB 2465 (DE LA
TORRE)
WHEREAS, on January 1, 2003, Assembly Bill 1886 (Chapter 590, Statutes of 2003) was
enacted creating the School Pedestrian-Bicyclist Safety Program, a pilot project available to a limited
number of counties and cities; and
WHEREAS, the purpose of the School Pedestrian-Bicyclist Safety Program is to promote
driver awareness in school zones and increase pedestrian and bicyclist safety for school children
through traffic control and calming measures, including increased fines and penalties for vehicular
misdemeanors and infractions under Vehicle Code Sections 40300 et seq.; and
WHEREAS, two Assembly bills in the current 2005-2006 Two-Year Legislative Session
would extend the availability of the School Pedestrian-Bicyclist Safety Program to San Diego
County, and all cities in the County; and
WHEREAS, Assembly Bill 2465 (De La Torre), as introduced on February 23, 2006, would
extend the provisions of AB 1886 to all counties and cities in Califomia, and delete the sunset clause
in AB 1886 that would repeal all statutes enacted under AB 1886 on January 1, 2007; and
WHEREAS, Assembly Bill 1324 (Vargas), as introduced on February 22,2005, would extend
the provisions of AB 1886 to San Diego County, and all cities in the County, but would not, as
currently written, extend or delete the sunset clause in AB 1886; and
WHEREAS, Assembly Bills 1324 (Vargas) and 2465 (De La Torre) are consistent with the
City's 2006 Legislative Program to support efforts to "legalize altemative methods of police
enforcement activities" (Section L.1.f.) and 'provide funding for local public safety staffing, programs
or equipment, as well as programs that foster interdepartmental or inter-agency cooperation"
(Section L.1.h.); and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
hereby adopts the following legislative positions for AB 1324 and AS 2465:
1. Support Assembly Bill 2465 (De La Torre) as introduced on February 23,2006.
2. Support Assembly Bill 1324 (Vargas) if amended to delete the sunset clause in AB
1886 that would repeal all statutes enacted under AS 1886 on January 1, 2007, or
extend the sunset date for at least three years.
Presented by: Approved as to form by:
Dana M. Smith
Assistant City Managerl
Director of Community Development
--r1~ a. ~~
Ann Moore
City Attorney
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