HomeMy WebLinkAboutAgenda Packet 1997/01/28
"I declare wnder penalty of perillrv tha~ 1 BIOI
employed bv U'Je Ci'i"y cd (',1"::.1 '1 vaa i;n the
Office af the :j:' CI<"", .n ' """c" w:l
this Agenda/NmJce on thu r;u!H~[~n tl.J:~)fd at
Tuesday, January 28, 1997 the Public enfices Building a~ w
6:00 p.m. DATED / ~ - . SIGNED ~
Reoular Meetino of the City of Chula Vista City Council
Council Chambers
Public Services Building
CALL TO' O'RDER
RO'LL CALL:
Councilmembers Moot _. Padilla _, Rindone _, Salas _, and
Mayor Horton _'
1.
2. PLEDGE O'F ALLEGIANCE TO' THE FLAG. MO'MENT O'F SILENCE
APPRO'V AL O'F MINUTES:
January 21, 1997.
3.
4. SPECIAL O'RDERS O'F THE DAY:
a. O'ath of O'ffice:
Patricia Aguilar - Design Review Commission;and,
Dr. Christine Aranda Smith - Mobilehome Rent Review Commission.
b. Resolution commending Ann Moore for her outstanding perfonnance of duty as Acting City
Attorney. Mayor Horton will present the resolution.
***"'*
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CO'NSENT CALENDAR
(Items 5 through /4)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. 1f you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. 1tems pulled by the public will be the first items of business.
5. WRITTEN CO'MMUNICATIONS:
a. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 1/21/97, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
b. Letter from Barry Alan Russell, Dean of Fine Arts, Hwnanities, and Commnnications at
Southwestern College, requesting that the City provide $2,000 in support of the College's
participation in the regional Kennedy Center's American College Theater Festival
competition in Cedar City, Utah, to be held 2/10/97 through 2/16/97. It is recommended that
$500 of the Council Contingency Account be granted.
Agenda
-2-
January 28, 1997
6. RESOLUTION 18557 ACCEPTING DONATION IN THE AMOUNT OF $2,500 TO THE
ANIMAL SHELTER - On 11/18/96, the Police Department received an
unsolicited $2,500 check donation from the Estate of Nelle M. Lust for the
Animal Shelter. Staff recommends approval of the resolution. (Chief of Police)
7. RESOLUTION 18558 APPROPRIATING $13,500 FOR COURT REPORTING EXPENSES
ASSOCIATED WITH CIVIL SERVICE COMMISSION APPEAL
HEARINGS - The City Charter requires the Civil Service Commission to hear
appeals of any person in the classified service related to any suspension,
demotion, or dismissal. The actual proceeding, by law, must be recorded and
be able to be transcribed if the employee so requests. Those written proceedings
must be transcribed verbatim and be officially certified by a certified short-hand
reporter. Staff recommends approval of the resolution. (Director of Human
Resources) 4/5th's vote required.
8. RESOLUTION 18559 APPROPRIATING $35,000 FOR INVESTIGATORS TO CONDUCT
LEGALLY REQUIRED DISCRIMINATION AND HARASSMENT
INVESTIGATIONS - When an employee makes a claim of discrimination or
harassment, it is not only appropriate, but required by the City's General and
Sexual Harassment Policy that an investigation be conducted in as timely a
manner as possible. Given that claims of discrimination and harassment may
vary significantly in complexity and scope, it is anticipated that the level of
sophistication and independence required in conducting investigations should
vary. While some claims can be investigated by City staff, more require an
outside investigator either because of the individual being investigated, the
sensitivity of the complaint, or the level of expertise and knowledge required.
Staff recommends approval of the resolution. (Director of Human Resources)
4/5th's vote required.
9. RESOLUTION 18560 AUTIlORlZING THE CITY ENGINEER TO FILE AN APPLICATION
WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR
FEDERAL GRANT FUNDS FOR A GIS BASED TRAFFIC SIGN
INVENTORY - In November 1996, the City received a letter from the State of
California Office of Traffic Safety inviting eligible government agencies to
submit memorandum proposals for traffic safety projects for Federal fiscal year
1997/98. The deadline for submission of proposals for consideration is 1/31/97.
Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 18561 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
PURCHASE OF THREE POLICE MOTORCYCLES - The fiscal year
1996/97 equipment replacement budget provides for the purchase of three
replacement motorcycles for the Police Department. On 11/6/96, bids were
opened and the lowest responsible bidder was Pomona Valley Kawasaki with a
unit price of $8,419. Staff recommends approval of the resolution. (Director
of Public Works)
11. RESOLUTION 18562 REJECTING NON-RESPONSIVE BID AND AWARDING CONTRACT TO
PACIFIC LA WNMOWER FOR THE PURCHASE OF TWO 48" RIDING
LAWN MOWERS; AND REJECTING BIDS, ACCEPTING BIDS AND
AWARDING CONTRACT TO CALIFORNIA TURF FOR ONE 84"
RIDING LAWN MOWER - On 11/26/96, bids were accepted. For the 48"
mowers, Pacific Lawnmower was the apparent second low bid, with a pre-tax
price of $7,436.65. For the 84" mower, California Turf was the apparent
fourth low bid with a pre-tax price of $27,925.00. However, due to non-
responsiveness of the lower bidders to the advertised specifications, both of the
firms were, in fact, the low bidders for the mowers. Staff recommends
approval of the resolution. (Director of Public Works)
Agenda
-3-
January 28, 1997
12. RESOLUTION 18563 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
PURCHASE OF EIGHT SEDANS, A STATION WAGON, AND SEVEN
PICKUP TRUCKS, AND APPROPRIATING $4,000 FROM THE SEWER
FUND FOR TIDS PURCHASE - On 12/3/96, bids were opened. The lowest
responsible bidder for the sedans, the station wagon, and three pick-up trucks
was Dixon Ford with a net total price of $205,163.56. The lowest responsible
bidder for two pick-up trucks was Escondido Jeep/Eagle GMC with a net total
price of$32,143.98. The lowest responsible bidder for two pick-up trucks was
Lasher Auto Center with a net total price of $34,687.96. Staff recommends
approval of the resolution. (Director of Public Works) 4/5th's vote required.
13. RESOLUTION 18564 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
PURCHASE OF EROSION CONTROL PLANTS - Bids to provide erosion
control plants were received on 11/19/96. Staff recommends approval of the
resolution awarding the contract to Miramar Wholesale Nurseries, the low
bidder. (Director of Parks and Recreation)
14. RESOLUTION 18565 AUTHORIZING THE ACCEPTANCE OF A COMMUNITY
ALTERNATIVE ACTIVITIES PROJECT GRANT FROM THE SAN
DIEGO COUNTY OFFICE OF EDUCATION FISCAL YEAR 1996/97;
AND APPROPRIATING $9,000 IN THE GRANT FUND (290-2902) AND
APPROVING THE EXPENDITURE OF SAID CITY FUNDING FOR
IMPLEMENTATION OF THE COMMUNITY ALTERNATIVE
ACTIVITIES PROJECT - On 9/18/86, the San Diego County Office of
Education contacted the Parks and Recreation Department to participate in the
Community Alternative Activities Project. The grant would allow the
Department to set up an after-school mentor program for middle-school age
youth. This project would promote collaboration among schools, community-
based organizations and other youth-serving agencies to prevent alcohol and drug
use by school age youth. On 10/25/96, the Department submitted the proposal
and on 11/ 1/96 was informed that the Project had been approved. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
4/5th's vote required.
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
Agenda
-4-
January 28, 1997
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substanliLll discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
15.A. RESOLUTION 18566 AMENDING FISCAL YEAR 1996/97 CAPITAL IMPROVEMENTS
PROGRAM FOR THE EASTERN AQUATIC COMPLEX (PRI88) AND
DRAINAGE IMPROVEMENTS "G" STREET, SECOND A VENUE WEST
OF DEL MAR (DR908) BY SUBSTITUTING AND REAPPROPRIATING
FUNDING SOURCES BUT NO OTHER CHANGE TO THE PROJECT
SCOPE, PHASING OR TOTAL COST - On 3/5195, an agreement was
approved for a matching pledge contribution to the YMCA Aquatic facility
whicb obligated the City to make a contribution of $250,000 from Commtmity
Development Block Grant funds and $250,000 from Park Acquisition and
Development funds, or from other sources designated by the City, to belp fund
the development of tbe facility. Due to several constraints which the City
funding sources create on the project, the YMCA bas requested that the City
consider substituting the sources of funding to help with their project and to
accelerate the payment schedule from the City. Staff recommends approval of
the resolutions. (Deputy City Manager Krempl, Director of Commtmity
Development, and Director of Public Works) 4/5th's vote required.
B. RESOLUTION 18567 AMENDING THE AGREEMENT FOR MATCHING PLEDGE
CONTRIBUTION TO THE YMCA AQUATIC FACILITY
16.
REPORT
APPROVING ENHANCEMENT OF EAST "H" STREET LANDSCAPE _
JM Development Company, the developers for Rancho La Cuesta, have
proposed to enhance the landscaping of slopes, medians, and parkways along
East "H" Street in the EastLake Maintenance District Number 1 "Zone D" Open
Space assessment area. The enhancement would include the planting of 195 box
Schinus Molles (Pepper Trees) along the slopes, parkways, and medians. They
also propose to plant an additional 1,288 one-gallon Cistus Purpureas (Rock
Rose) throughout the medians. Staff recommends Council approve JM
Development's request to enhance the landscape along East "H" Street in the
EastLake Maintenance District-Zone "D", subject to staff conditions. (Director
of Parks and Recreation) Continued from the meeting of 1/21/97.
17.
REPORT
ADDING EITHER ORANGE A VENUE OR HILLTOP DRIVE TO THE
LIST OF APPROVED TRUCK ROUTES - Donald Oliver operates a service
station at 1500 Hilltop Drive that sells diesel fuel which attracts large trucks.
The trucks use HilItop Drive and Orange Avenue to access the station. Neither
of these streets are designated truck routes. Therefore, trucks which go to the
site only to obtain fuel are in violation of Chapter 10.64 of the Mtmicipal Code
and subject to citation. Staff recommends that Council not direct staff to
proceed with an ordinance designating either Orange Avenue or Hilltop Drive
as a truck route. (Director of Public Works)
Agenda
-5-
January 28, 1997
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City CouncU will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by CouncUmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
18. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
19. MAYOR'S REPORTIS)
20. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on February 4, 1997
at 4:00 p.m. in the City Council Chambers.
A meeting of the lndustrial Development Authority will be held immediately following the City Council meeting.
-, declara IInda. penalty of perjury that I am
employed by the City of Chu:a Vista in the
OHlce of the City Clerk and ",at , ;)os,'ed
Tuesday, January 28, 1997 thl8 Agenda/Notice on the Bulletin Ooard at Council Chambers
6:00 p.m. the PUbl'~rv~s EueUin; .nd at City Hall J:rblic Services Building
(immediately following tbe City Couli!!flT&tin.l ~f7? SIGNED~~---,._
/
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Unless the City Attorney, the City Manager or the City CouncU states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and atljournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
e Claim of Amy Wolfe.
e Claim of Steve Griffin.
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
COMMENDING ANN MOORE
FOR HER OUTSTANDING PERFORMANCE OF DUlY AS
ACTING CITY ATTORNEY
WHEREAS, Ann Moore served as Chula Vista's Deputy City Attorney from
February, 1986 to May of 1988, and later returned to the City's employment as
Assistant City Attorney in April of 1995; and
WHEREAS, Ms. Moore served the City of Chula Vista in an ever increasing
capacity of responsibility as the Acting City Attorney under adverse circumstances
from June 11, 1996 through November 19, 1996 proving to be a tremendous asset
to the City of Chula Vista as evidenced by assuming full responsibility of the
Acting City Attorney with an already short-staffed department and doing so with
virtually no transition period; and
WHEREAS, during her tenure as Acting City Attorney, Ms. Moore worked
on the Otay Ranch Development Agreements and related issues such as the
bankruptcy, overall change in ownership, in addition to three major Developments
for the Otay Ranch area; and
WHEREAS, Attorney Moore exhibits the highest standards of legal
professionalism, uses integrity in all situations, and upholds both personal and
professional ethics when offering advice regarding municipal matters:
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista City Council
does hereby COMMEND ANN MOORE for her outstanding perfonnance of duty
as Acting City Attorney and express our deep appreciation to Assistant City
Attorney Moore for continuing to provide quality assistance to the City of Chula
Vista.
1-)b~/
14~)
January 23, 1997
TO:
The Honorable Mayor and City Council n A
John D. Goss, City Manager,JG ~8~1
City Council Meeting of January 28, 1997
FROM:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, January 28, 1997. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on January 21, 1997, there were no
reportable actions which are required to be reported under the Brown Act.
IT IS RECOMMENDED THAT TillS LETTER BE RECEIVED AND FILED.
5b. This is a request from Barry Alan Russell, Dean of Fine Arts, Humanities and
Communications at Southwestern College, requesting City support of the College's
participation in the regional Kennedy Center's American College Theater Festival
competition in Cedar City, Utah. In accordance with past practice, and the criteria set
forth in Council Policy 159-02, "Funding Private Organizations or Individuals", IT IS
RECOMMENDED THAT $500 OF THE COUNCIL CONTINGENCY ACCOUNT BE
GRANTED TO THIS GROUP IN EXCHANGE FOR WHICH THEY WILL PERFORM
AT TWO CITY EVENTS WITHIN THIS CALENDAR YEAR OR PROVIDE OTHER
ASSISTANCE TO OUR PARKS AND RECREATION DEPARTMENT (E.G., IN
CONNECTION WITH DRAMA CLASSES, ETC.) The $500 amount is consistent with
contributions approved in February 1996 for the Hilltop High Music Tech Ensemble to
perform in Arizona and Nevada, and for Jazz Trax to compete in a regional jazz festival
in Orlando, Florida. In addition, in 1993, $500 was donated to the Chula Vista High
School's New Renaissance Group to perform at the Nationals Events Washington D. C.
Festival. The Council has approved a higher contribution ($1,500) to the Bonita Vista
High School's Music Machine, but their performance was out of the country (Australia
and New Zealand) with higher transportation costs.
JDG:mab
~{~
~~
~--..: -- --
~~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
January 22, 1997
To:
The Honorable Mayor and City Council ~". /
John M. Kaheny, City Attorner""
Report Regarding Actions Taken in Closed Session
for the Meeting of 1/21/97
From:
Re:
The city Council met in Closed Session to discuss the claim of Amy
Wolfe and Public Employee Release.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
C:\lt\clossess.no
~~/
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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RECEIVED
Southwestern
COllEgE
'97
..Wf 14
A11:47
t;ov.rnlng Joard
Augle Boreno
G, Gordon Browning, D.M.D
J~my J. Grl1fl1'h
Mano Neves.Perman
Judy Schulenbero
-, ,IfGiillA VtiTA
_0l_$1f'IIm~
JAN 14
ICC-
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Jo'eph M. Conte
Superintendent/President
The Honorable Shirley Horton, Mayor
and Council Members
City of Cbula Vista
276 Fourth Avenue
Chu!a Vista, Ca 9[910
January 10, 1997
Dear Mayor Horton and Council Members:
Recently Southwestern CoUcge presented the rock ope.a TOMMY to sold Qut audiences. A.:1er \li~'l';;l~, ,
perfonnance, a. committee from the Kennedy C:;:nt~r's Ameiican Col1cgc Theater Festiva! una..t'\i:'1ivt1~:/ :;~ ~,-' ,;ur
production of TOMMY to a regional theater competition in Cedar City. Utah to be held Ftbr:Jarj ! C:." .:~..:(, j ~:' ::10:
J 6th. If selected at that competition, Southwestern Col1eg~ \"!outd be invited to particlpatc: tn !ht: 1(>:::1,,:: :~' :: _< .:r
Theater l'estlVal in Washington, U.C. which will oe heid 5cooetirne in April.
The costs associated with perfonning in Utah exc~cd $209000 aod in.clude cast, crew and set transpcrt~:i'-J:, :..... -;.Ic!!
as food/lodging_ Southwestern College ha:s begun fundrais!ng efforts in order to partidpate in this p~:iii.,:; ':'(,"
theater festival and we are re'pectfully requesting that !~e City of Chula Vista provide $Z,OVO in 5u.,) , .t 0{ Ihe
College's participation in the regional Kennedy Cent~r'5 American College Theater Fe~tjva! CC~':J'>.:,,' ;::1
Cedar City, Utah,
Our cast and crew represenr some of the most creative and talented students within the City of C~ub V "t::: T".,~y
will serve as ambassadors for our fine' City and for Its only ;;::stitutiol1 of higher learning Sou.thwes~"'n: C(.,' " ",'
PublicIty and promotIon mater,aJ$ will aJl caTT) the City's name and endorsement as it goes fQf'Nard, ;';00" - , ;', '0
Its Wa5hington, D.C. pCltorTUance.
As part of our fundraising efforts, two benefit performances of TOMMY will be held on FebrJar'j '7 E",i c; 'y
Hall here at Southwestern College, Proceeds from these ben~fit performances will be used to vff5~t ~~1';: : '
takIng this production on the road. Other fundraising eITcm in suppor! of this wondaful opper","". '",'. '. ~ "
"Adopt an Actor" program1 as wen as solicitations from other governmental entities within ':11..;:' ;):,:>::-'::;' :~_ ~~ted
corporations
W,lliam Virchrs, the director of the production and Southw~stern College professor, will be cont;.!c!:nz :');..; " ...
more information. I hope you will make this an J.genda ite~ 35 soon as possible for the CO\lp.cirs ,,0f1':;,:!-.' .'-,'.. If
you have questions or if you need further information. ple2.~<;: fr:el free to contact m~. My DiJmb~!' i$ .:0 j (i'
6371.
..="~~
& Russell, :LI46
WRITTEN
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~~'Y'~r~'~~Y~~~~.~U ~SEt:. Jj i 'S~~~
~ Izp97
Fine Arts. Humanities. and Communications Cc- :~. ~ ('I)
cc: Wilham Vlrchls, Southwestern College . ~
Joseph COnle, Southwestern College /~ 50 _ /
9OO0!ayLakes Road' ChuloVls!a, CA 91910. (oi9) ..2' ~~~~2'6~ $01.17:1''''',S''0 c~'
.;:,. ";$ fi..,;,. ce
"::Iege DIs IrIct
COUNCIL AGENDA STATEMENT
ITEM
t
MEETING DATE 1-28-97
Resolution /8'5j(~ccePting Donation in the
amount of $2,500, to the Animal Shelter.
SUBMITTED BY: Chief of pOlice~~~~\r\
REVIEWED BY: City ManageJq 1ov~~Jvote: Yes_NoXX)
The Animal shelter recently received an unsolicited $2,500
donation from the Estate of Nelle M. Lust.
ITEM TITLE:
RECOMMENDATION:
donation.
That
the
City
Council
accept
the
DISCUSSION: On November 18, 1996, the Police Department
received an unsolicited $2,500 check donation from the
Estate of Nelle M. Lust. The donated check was made out
to the "City of Chula Vista Animal Control Office" by
Cynthia A. Osborne, Executrix, law offices of Denton and
Denton, LTD., 626 So. Seventh Street, Las Vegas, Nevada.
Police staff is recommending these funds be designated for
facility improvements and deposited in the Animal shelter
Donation Account. Staff will return to Council at a later
date with a recommendation for expenditure of the funds.
FISCAL IMPACT: The $2,500 donation will be deposited into
the Animal Shelter Donations account # 408-4014. There is
no General Fund impact or re-occurring cost.
i-I
RESOLUTION NO.
~/
/ ??.!>~t; ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION IN THE AMOUNT
OF $2,500 TO THE ANIMAL SHELTER
WHEREAS, on November 18, 1996, the Police Department
received an unsolicited $2,500 check donation from the Estate of
Nelle M. Lust; and
WHEREAS, Police staff is recommending these funds be
designated for facility improvements and deposited in the Animal
Shelter Donation Account; and
WHEREAS, staff will return to Council at a later date
with a recommendation for expenditure of the funds.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the donation in the amount
of $2,500 from the Estate of Nelle M. Lust to be deposited to the
Animal Shelter Donations Account #408-4014.
Presented by
Approved as to form by
ofX.t.:;,borney
Richard P. Emerson, Chief of
Police
C:\rs\donation.nel
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November 12, 1995
(7::::>21 30":'-8:J' ij
City of Chula Vista
Office of the City Attorney
276 Fourth Avenue
Chul~ Vista, CA 91910
11-13-96 A11:12 IN
Attn:
Peggy J. MCCarberg, Esq.
RE: Estate of NELLE M. LUST, deceased
Gentlemen:
Enclosed herewith please find check payable to the order of
City of Chula vista Animal Control Office in the sum of $2,500.00
drawn by Cynthia A. Osborne, as Executrix of the Estate of Nelle
Marie Lust, on the Coast Federal Bank, Downey, California. This
check is sent to you in accordance with the agreement entered into
between the City of Chula Vista and the San Diego Humane Society
wherein each of said cities agreed to divide equally the bequest in
Mrs. Lust's will of $5,000.00 to "Chula Vista Humane Society, San
Diego County, Califo~nia."
You will also find enclosed herewith a receiDt for such check
and you may negotiate the enclosed check when an appropriate
officer of the Chula Vista Animal Control Office has signed the
enclosed receipt and returned it to me. It is essential this
receiDt be filed with the court.
RLD:ea
Enclosures
Very truly yours,
DENTON /DENTON, LTD-.. -
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RalDn L. Den~Oh
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1 ROP
D~~TO~ & DENTON, LTD.
2 Ralph L. Dellton I Esq.
State Bar No. 001696
3 626 So. Seventh Street
Las Vegas, Nevada 89101
4 (702) 384-1723
Attorneys for Petitioner
;)
6
DISTRICT COURT
,
CLAR~ COUNTY, NEVADA
8
In the Matter of the Estate of
9
NELLE M. LUST, also known as
10 and called NELLE !1.o..,.'UE LUST,
Deceased.
c.".s~ ~O. P34754
DEPT. NO. I
11
12
13
RECEIPT UPON FINAL DISTRIBUTION
14 RECEIVED OF CYNTHIA A. OS30fu~E, Executrix of the Estate of
15 N~LL~ M. LUST, the sum of $2,500.00, which payment was
16 authorized and directed by Order of the above-entitled Court, made
17 and entered on the 1st day of November, 1996.
Q
18 DATED: November I~, 1996.
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COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE 1/28/97
I?,ffr'
ITEM TITLE: RESOLUTION Appropriating $13,500 for court reporting expenses
associated with Civil Service Commission appeal hearings.
SUBMITTED BY: DIRECTOR OF HUMAN RE~URCES L0
. h
REVIEWED BY: CITY MANAGE~ ~ .-'7 (4/5th Vote: YesX No_>
The City of Chula Vista Charter (Section 610 b.) requires the Civil Service Commission to
"hear appeals of any person in the classified service related to any suspension, demotion,
or dismissal."
The actual proceeding, by law, must be recorded and be able to be transcribed if the employee
(appellant) so requests. Those written proceedings must be transcribed verbatim and be
officially certified by a certified short-hand reporter.
RECOMMENDATION: Adopt the attached resolution appropriating $13,500 from the
unappropriated balance of the General fund for court reporting expenses and certified verbatim
transcripts of hearings for the City of Chula Vista Civil Service Commission appeal hearings.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In all appeal hearings, the City may be required to provide a certified verbatim transcript. In
those cases where employees are represented by legal counsel, a court reporter is often called
upon to repeat questions or responses verbatim. The City Attorney may also rely on transcripts
to further prepare the City's case, to respond to legal motions and to represent the City in any
appeal to the judicial system. For the transcripts to be utilized as evidence in court, they must
be certified as accurate. It has been the practice to utilize a court reporter for the past 4 years
and with the rise in the number of appeals presented to the Commission, it is anticipated that
this need will not diminish.
A number of years ago, the Human Resources Department secretary recorded appeal
proceedings and provided a summary transcript to the employee, City Attorney, and to the
Commission; however, there have been a number of problems associated with that approach.
7-/
Page 2. ITEM 7
Meeting Date 11/28/96
. There is no certified transcript.
. There is a risk of losing portions of the hearing due to equipment failure or operator error.
. The secretary does not have adequate time to transcribe, verbatim, the many hours of
hearings.
. It is extremely difficult, if not impossible, to identify speakers on a recording when as many
as eight individuals have the potential to participate at any given time.
For the aforementioned reasons, it is strongly recommended that the practice of utilizing a court
reporter be continued.
FISCAL IMPACT: The $13,500 fiscal impact is based upon scheduled and anticipated appeals.
This figure includes 100 hours at the rate of $75 per hour and an estimated $6,000 for certified
verbatim transcripts. The fee for a certified transcript for one 16-hour hearing is approximately
$3,000. The Civil Service Commission has met as the City's appeal board 20 times (4 hours
each session) in the past 12 months.
Accordingly, it is necessary to appropriate $13,500 from the unappropriated balance of the
General fund into account #100-0113-5201.
A113.002
7~;L
RESOLUTION NO.
J %/fg/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $13,500 FOR COURT
REPORTING EXPENSES ASSOCIATED WITH CIVIL
SERVICE COMMISSION APPEAL HEARINGS
WHEREAS, Charter section 610(b) requires the civil
Service commission to "hear appeals of any person in the Classified
Service related to any suspension, demotion, or dismissal"; and
WHEREAS, the actual proceeding, by law, must be recorded
and be able to be transcribed if the employee (appellant) so
requests; and
WHEREAS, those written proceedings must be transcribed
verbatim and be officially certified by a certified short-hand
reporter; and
WHEREAS, it is anticipated that $13,500 will need to be
appropriated for the court reporter.
NOW,
city of Chula
unappropriated
5201.
THEREFORE, BE IT RESOLVED the City Council of the
vista does hereby appropriate $13,500 from the
balance of the General Fund into Account 100-0113-
Presented by
Approved as to form by
M~
n M. Kaheny,
torney
Candy Emerson, Director of
Human Resources
C: \ rs\approp. cae
7--3
--.--..-...
1.08 DISCIPLINE (Contd.)
B. PROCEDURE FOR DISCIPLINARY ACTION AND APPEAL
1.
The appointing authority may, for disciplinary purposes suspend
without salary any officer or employee holding a position in
the classified service for not more than an aggregate of ninety
(90) days in a calendar year.
Employees suspended, demoted or discharged shall be given
" pre-disciplinary hearing, including advance notification and
an opportunity to r~spond. The administrative procedures required
for the conduct of a pre-disciplinary hearing, and the safeguards
insuring due process to each employee are codified in full as
Section 209 of the Administrative Manual.
B!guired Notice: Upon completion of the pre-disciplinary hearing,
and upon determination that probable cause exists for disciplinary
action, a written statement constituting the notice and order of
such action shall immediately be served on the employee, with copies
to the Director of Personnel and the City Manager. The notice
shall advise the employee of his or her right to appeal if the employee
has attained permanent status in the Classified Service or the City.
Appeal and Request for Hearing: If an employee, with appeal rights,
having been issued the notice of disciplinary action, desires to
appeal the action, he or she shall within ten (10) calendar days
from the date of receiving the charges, appeal to the Commission by
filing a written answer to the charges and a request for hearing.
The appeal shall be filed in the office of the City Clerk and
with the Commission, with copies to the disciplinary authority
(department head) and the Director of Personnel.
Time for Hearing: The Commission shall, within a reasonable
time and not to exceed thirty (30) calendar days from the filing
of the appeal, commence the hearing thereof, and shall, without
delay, fully hear and determine the matter, and either affirm,
modify or revoke such order. Any employee, having filed an appeal
with the Commission and having been notified of the time and
place of the hearing, who fails to make an appearance before the
Commission, either in person or through an attorney, may be
deemed to have abandoned his or her appeal. In this event, the
Commission may, at its discretion, dismiss the appeal.
2.
3.
4.
5.
C. CONDUCT OF THE HEARING
All hearings and investigations before the Commission shall be governed
by these rules of practice and procedure; and in the conduct thereof
the Commission shall not be bound by technical rules of evidence, nor
shall informality in any of the proceedings, or in the taking of
testimony invalidate any order, decision, rule or regulation made,
approved or governed by the Commission.
7-'/
-24-
COUNCIL AGENDA STATEMENT
ITEM 8
MEETING DATE 1/28/97
ITEM TITLE:
RESOLUTION
conduct legally
investigations.
/!)H?
Appropriating $35,000 for investigators to
required discrimination and harassment
?
SUBMITTED BY: DIRECTOR OF HUMAN RESO~~CES QP
REVIEWED BY: CITY MANAGER0 1 b~ ~~{\ (4/5th Vote: YesX No_)
When an employee makes a claim of discrimination or harassment, it is not only
appropriate, but required by the City's General & Sexual Harassment Policy that an
investigation be conducted in as timely a manner as possible. Given that claims of
discrimination and harassment may vary significantly in complexity and scope, it is
anticipated that the level of sophistication and independence required in conducting
investigations should vary. While some claims can be investigated by City staff, more
require an outside investigator either because of the individual being investigated, the
sensitivity of the complaint, or the level of expertise and knowledge required. No funds
have been appropriated for that purpose in either the Human Resources Department or
the Attorney's current year budget, however, there is a current and continuing need to
have funds available for such investigations.
RECOMMENDATION:
Adopt the attached resolution appropriating $35,000 from the unappropriated balance of
the General Fund for investigators to conduct discrimination and harassment investigations
in accordance with the General & Sexual Harassment Policy.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Throughout the fiscal year, there is a need for experienced, professional investigators to
conduct timely, thorough, valid investigations into employee complaints of discrimination
and harassment. Since no funds have been budgeted for this purpose, a general
appropriation is requested. The alternative of requesting a separate appropriation for each
investigation would negatively impact the time line of the investigation due to agenda
preparation schedules and timing of Council meetings. In many cases, it would delay the
investigation beyond a reasonable time. More significantly, it would involve placing
individual appropriations on the Council agenda for approval, which raises an issue of
confidentiality and may focus undue attention on the parties involved in the investigation.
8"/
Page 2. ITEM 8
Meeting Date 1/28/97
This could lead not only to embarrassment and stress for those involved, but could
negatively impact the investigation process. Additionally, staff is concerned that the
heightened scrutiny could exacerbate the potential for litigation instead of resolving the
matter at the administrative level, if at all possible.
It has been the City's practice to evaluate each complaint, and wherever possible, utilize
in-house staff as investigators. However, in many cases, due to circumstances beyond
staffs control (such as those mentioned earlier), there is a need for an outside investigator,
and in some cases, where litigation is anticipated, an attorney/investigator. (In those
instances where claims are of such a nature as to create a concern with the City Attorney
that there is a potential for litigation, Council will be kept informed of the matter through
closed session discussions authorized under the Brown Act.)
FISCAL IMPACT:
It is anticipated that expenses will not exceed the $35,000 requested. Actual expenditures
will depend upon specific claims filed. A moderately sensitive, semi-complex claim
utilizing a non-attorney investigator, ranges in cost from $4,000 - $7,000. Claims
necessitating the expertise of an attorney/investigator range from $10,000 - $15,000.
While it is impossible to predict, based on the current and prior year history, it is
reasonable to assume 3 - 4 less complex cases and 1 sensitive, complex case. All Funds
not used for the purposes specified will be returned to the General Fund. Per the attached
General and Sexual Harassment Policy, the Personnel Director (Human Resources
Director) has the responsibility of hiring investigators.
A 113.003/
g-/c7
RESOLUTION NO. JJY~~9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $35,000 FOR
INVESTIGATORS TO CONDUCT LEGALLY REQUIRED
DISCRIMINATION AND HARASSMENT INVESTIGATIONS
WHEREAS, when an employee makes a claim of
discrimination or harassment, it is not only appropriate, but
required by the city's General & Sexual Harassment Policy that an
investigation be conducted in as timely a manner as possible; and
WHEREAS, given that claims of discrimination and
harassment may vary significantly in complexity and scope, it is
anticipated that the level of sophistication and independence
required in conducting investigations should vary; and
WHEREAS, while some claims can be investigated by City
staff, others require an outside investigator either because of the
individual being investigated, the sensitivity of the complaint, or
the level of expertise and knowledge required; and
WHEREAS, no funds have been appropriated for that purpose
in either the Human Resources Department or the Attorney's current
year budget, however, there is a current and continuing need to
spend funds on such investigations; and
WHEREAS, it is necessary to appropriate $35,000 to
conduct discrimination and harassment investigations in accordance
with the General & Sexual Harassment Policy.
NOW,
ci ty of Chula
unappropriated
5201.
THEREFORE, BE IT RESOLVED the City Council of the
Vista does hereby appropriate $35,000 from the
balance of the General Fund into Account 100-0250-
Presented
Approved as to form by
Candy Emerson, Director of
Human Resources
M. Kaheny, Cit
torney
C:\rs\harass.$
~~
6. Requesting sexual favors as a condition of employment;
7. Engaging in implicit or explicit coercive sexual behavior which is used to control,
influence or affect the career, salary and/or work environment of another
employee;
8. Engaging in harassment of an employee due to their sexual orientation.
COMPLAINT PROCESS
If an employee believes that they have been subject to any form of harassment including
sexual harassment or are being discriminated against based on the State and/or Federal
laws previously cited, they have the right to file a formal or informal complaint. Before
a complaint Is filed, It Is recommended that the violated employee acknowledge to
the harasser that their behavior Is offensive, unwanted or derogatory. If harassment
continues to persist, a complaint with the City should then be filed.
An employee also has the right to file a complaint of discrimination with the California
Department of Fair Employment and Housing whether or not they have filed a complaint
with the City. Complaints must be made within (1) one year of the harassment. To file
a complaint, either call (619) 237.7405 or file a complaint in person at 110 West "C" Street,
Room 1702, San Diego. The complainant, as well as other employees who support the
complainant, are protected against any retaliatory action stemming from the complaint.
Those employees involved in any retaliatory events will be subject to disciplinary action.
The City of Chula Vista will enforce disciplinary action against any person that violates this
policy. This discipline can include termination.
COMPLAINT PROCEDURE
Informal Procedure
The allegation of general or sexual harassment should be discussed with any of the
following at the complainants choice: the complainant's supervisor, Department Head, the
Assistant Director of Personnel, the Director of Personnel, a Deputy City Manager, or the
Assistant City Manager. The complainant's supervisor and/or department Head shall be
informed and meet with the complainant in an attempt to resolve the complaint at the
departmental level. This should be done within a reasonable period of time from when the
incidence or action affecting the employee occurred. If the complainant is not satisfied
with the results of the informal procedure, they may initiate the formal procedure.
Formal Procedure
SteD 1
The complainant shall file a written or verbal complaint with the Director of Personnel. The
Personnel Director, upon receipt of the complaint, will inform the appropriate Department
Head and supervisor of the allegation. The Personnel Director, within (10) ten working
days. will assemble a fact finding committee to review the complaint. The fact finding
:?-i
committee will include a Personnel Department representative and an appointee of the
City Manager. The investigation process shall be conducted in a timely manner.
The complaint will be reviewed to:
1. Determine applicable legal basis of the complaint.
2. Determine if sufficient grounds exist to substantiate the validity of the complaint
which includes interviewing the complainant, alleged harasser, witnesses and any
other individu,al who may have relevant information substantiating or refuting the
allegation.
SteD 2
Upon the completion of the investigation, all parties involved will be informed of the
findings within (10) ten working days. The fact finding committee will report the results
of their investigation to the Personnel Director, the Department Director, the complainant
and the alleged harasser. If the investigation does not yield sufficient evidence to
substantiate the allegation, all parties involved will be notified of the findings and the case
will be terminated at this step.
SteD 3
If it is determined that general or sexual harassment has occurred, the Department
Director will initiate appropriate disciplinary action which may be up to and including
dismissal. The severity of the discipline will be determined by the severity and/or
frequency of the offense.
SteD 4
If an employee who is disciplined under this procedure has appeal rights, said appeal
rights may be exercised.
WP:MASTERS.2GEN&SEX. POL
(Rey 2/93)
'ff{~
COUNCIL AGENDA STATEMENT
Iteml
Meeting Date 1/28/97
/~~tJ
ITEM TITLE: Resolution Authorizing the City Engineer to File an Application
with the California Office of Traffic Safety (OTS) for Federal Grant Funds
for a GIS Based Traffic Sign Inventory
SUBMITTED BY: Director OfPubli~ v:orks~f(
REVIEWED BY: City Manager,\}:\ ly) ;:lLdt\ (4/5 Vote: Yes_ No-U
I -;'
In November 1996, the City received a letter from the State of California Office of Traffic Safety
(OTS) inviting eligible government agencies to submit memorandum proposals for traffic safety
projects for federal fiscal year (FFY) 1997-98. The deadline for submission of proposals for
consideration for FFY 1997-98 is January 31, 1997. Staff is proposing to submit an application
for a Geographic Information System (GIS) based traffic sign inventory program.
RECOMMENDATION: That Council authorize the City Engineer to file an application with
the OTS for federal grant funds for a GIS based traffic sign inventory.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In November 1996, the City received a letter from the OTS inviting memorandum proposals for
traffic safety projects for federal fiscal year (FFY) 1997-98. The deadline for submission of
proposals for consideration for FY 1997-98 is January 31,1997. One of the areas in which OTS
accepts grant applications is for engineering programs which provide for better administration of
the overall highway maintenance and safety program. These programs include traffic control
device (sign) inventories. Staff is requesting that Council authorize the City Engineer to file an
application with the OTS for federal grant funds to implement a traffic sign inventory program
within our GIS system. The initial inventory is recommended to be completed by a consultant
who will collect and compile the field data for the traffic sign inventory. The consultant would
survey the traffic signs in the City, recording the location and various attributes for each sign.
This information would be delivered in a format compatible for downloading into the City's GIS
system and GIS based records system software.
As part of the grant application, funds would also be requested for the purchase of a Global
9-/
Page 2, Item _
Meeting Date 01-28-97
Positioning System (GPS) receiver/data logger for use by the City's sign crew in maintaining the
GIS based sign inventory in the future. As each sign is installed or replaced, the sign crew would
collect the GPS data (sign location and attributes) for downloading into the existing sign
inventory .
The City of Chula Vista is currently 34.6 square miles in area and contains approximately 350
miles of dedicated streets and alleys. There are an estimated 13,000 existing traffic control signs
installed along the City's street network. The Public Works department installs approximately
900 new signs each year as new streets and subdivisions are added to the City's roadway network
and replaces existing signs as they become damaged or faded. The grant, if approved by OTS,
will provide a better, more efficient method of sign inventory than is currently used.
The City does not currently have a computerized inventory of existing traffic control signs. The
Senior Public Works Supervisor in charge of the signing and striping crews maintains some
hardcopy records. Work orders for the installation of new signs are kept in the general files in
the Traffic Engineering section of the Engineering Division of the Public Works Department.
However, there is currently no way to provide accurate information on traffic signs existing in
the field without making a field trip to the location in question to check the existing signs. If
additional information on a specific sign is required, staff must manually search the files to find
the work order written for the sign installation.
In addition to the information on the type and location of signs, a Senior Public Works Supervisor
conducts night time visual checks of signs to determine reflectivity and need for replacement.
This process takes 6 nights at 4 hours each night every six months.
Linkinj1 with Traffic Accident Record System
In November 1995, the City Council approved an agreement with Calgis, Inc. for the development
of a GIS based Traffic Accident Record System. This current project, which is funded by an OTS
grant, will provide the City with the capability for a GIS based sign inventory within the
framework of the accident record system program. The only element missing is the collection of
the field data necessary to make that element of the program useful. Once the existing traffic
control signs in the field have been surveyed for location, size, sign type and other attributes, this
data would be incorporated into the City's GIS database and the new GIS based records system.
This record system would then provide the City with a GIS based traffic sign inventory as well
as provide reporting capabilities based on this inventory. Reports could be generated showing the
location and type of existing signs, the number and type of signs installed each quarter, and the
locations of signs older than 5 years (the approximate life span of a typical sign). The City could
also track the maintenance history of a sign location. These reports could be used to help
schedule sign maintenance, to aid in the budgeting and ordering of replacement signs, and to keep
an accurate record of the City's existing signs in the field.
9 '~.:2-
Page 3, Item _
Meeting Date 01-28-97
Grant Request
The OTS grant funds are designated for projects that are related to traffic safety. There is no limit
on the amount of grant that can be requested ITom OTS up to the amount of grant funds available
nor are matching funds required to be allocated by the City. OTS has indicated that Congress has
not allocated the funds for this years program so the exact amount of funds available is not known,
but previous statewide allocations have been around $1,000,000. These funds are usually
distributed to those who apply based on evaluation of the proposal and how the proposal fits the
criteria established for the funds.
The grant funds are not available to pay for staff time, but will pay for consultant services only.
If approved, grant funds would become available in October, 1997 for reimbursement of City
costs for consultant services and the purchase of equipment for the project.
It is recommended that we request $82,500. This request is based on the anticipated cost for a
consultant to complete the data collection and establish the inventory of 13,000 signs using GPS
of $65,000. GPS survey estimates were used because that method is considered the most costly
method to obtain the information. The $16,500 requested in the grant will purchase one GPS
receiver and associated equipment and services necessary to use the receiver with our GIS system.
If another method of data collection is suggested by the consultant, other equipment may be
purchased in lieu of a GPS receiver.
An additional $1,000 is requested for staff travel to visit other sites with operating GIS based sign
inventories. OTS allows budgeting of grant funds for City staff to travel to other municipalities
to see different inventory systems. This would be useful in evaluating consultants that propose
different kinds of data collection methods. Travel to other Cities to see sign inventories collected
by different methods would help staff determine if the type of data collection proposed by
consultants would be compatible with (and desirable for) our GIS system and GIS based record
system software. It must be noted, however, that OTS funds budgeted for staff travel only cover
travel expenses, not staff time costs.
It is estimated that 580 hours of staff time would be required to complete the project. This
amounts to an estimated $13,600 of budgeted staff costs under the existing operating budget 100-
1430 (Traffic Engineering). Staff time costs includes processing the RFP, contract administration,
integrating the delivered data into the City's GIS system, and doing the paperwork, reports and
project evaluation required by the OTS. Existing staff would also be used to maintain the
proposed sign inventory.
Benefits of the GIS based si~n inventory
Reports generated by the system would save staff time in the budgeting for new signs, ordering
of signs and the scheduling of sign maintenance. An up-to-date sign inventory would also
:J~3
Page 4, Item _
Meeting Date 01-28-97
eliminate the need for field trips to determine the type of sign and information contained on the
sign. This information is needed anytime there is a major claim against the City requiring
information about traffic signs, approximately 5 times per year. The amount of time required to
obtain this information varies with the claim.
If the grant is approved by OTS, staff will prepare a Request for Proposals (RFP) to obtain a
qualified consultant to perform the data collections and provide hardware. Once an evaluation of
the proposals received is accomplished and a consultant chosen, staff will request Council
approval of an agreement with the consultant and appropriate funds to pay the consultant until
reimbursement is received from OTS. At that time staff would inform Council more precisely
about the scope of work.
FISCAL IMPACT: There is no fiscal impact at this time. If the grant is approved by the OTS,
the City would have to appropriate funds for the project for consultant costs, equipment costs, and
contingencies (advertising the RFP, Federal Express charges, etc.). All of these funds would be
reimbursed from the grant, if approved.
Only the $1,000 indicated for advertising, federal express charges and other expenses wouldnot
be reinbursed by the grant, but this could be absorbed within the budget of the Traffic Engineering
Section of the Public Works Department. Staff time needed for system maintenance would be
offset by staff time savings associated with use of the new system. One hundred percent (100%)
of the approved grant funds (up to $82,500) would be reimbursed by the OTS. Staff has estimated
the project at the following costs:
Item
CQs.t
Details
Grant Amount
(Proposed)
$ 82,500
$65,000 data collection
$16,500 GPS equipment
$ 1,000 staff travel
Contingencies
1. 000
Advertising the project, Federal
express charges, etc.
Project Total
$ 83,500
The grant amount approved by the OTS would be reimbursed to the City after the City makes
payment to the consultant and after purchase of the approved equipment.
File: 0760-25-CY031
0760-95-CY029
January 23. 1997 (lO:28am)
9-1(
RESOLUTION NO. /?I SJ, tJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
FILE AN APPLICATION WITH THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY (OTS) FOR FEDERAL GRANT
FUNDS FOR A GIS BASED TRAFFIC SIGN INVENTORY
WHEREAS, in November 1996, the City received a letter
from the State of California Office of Traffic Safety (OTS)
inviting eligible government agencies to submit memorandum
proposals for traffic safety projects for federal fiscal year (FFY)
1997-98; and
WHEREAS, the deadline for submission of proposals for
consideration for FFY 1997-98 is January 31, 1997; and
WHEREAS, staff is proposing to submit an application for
a Geographic Information System (GIS) based traffic sign inventory
program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the City Engineer to file
an application with the California Office of Traffic Safety (OTS)
for federal grant funds for a GIS based traffic sign inventory.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
y
C:\rs\gis.otc
9-3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
1m I Meeting Date O~7
Resolution Accepting bids and awarding contract for the
purchase of three police motorcycles
Director Of Public WorksfJ a;.J
Director of Finance{[f
City Manager (4/Sths Vote: Yes_No--2L)
SUBMITTED BY:
REVIEWED BY:
staff is awaiting further information on this item and, therefore,
it will be continued to the meeting of February 4, 1997.
/cJ~(}
COUNCIL AGENDA STATEMENT
JI
Item___
Meeting Date 01128/97
) gr.5t,,2,
ITEM TITLE: Resolution Rejecting non-responsive bid and accepting
bid and awarding contract to Pacific Lawnmower for the purchase
of two 48" riding lawn mowers; and rejecting non-responsive bids,
accepting bids and awarding contract to California Turf for one
84" riding lawn mower.
SUBMITTED BY: Director Of Public Worksi, r
Director of Finance ~
REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: Yes_No--1L)
On November 20, 1996, the PurchasiAi A~ accepted bids for the purchase of two
48" and one 84" riding mowers. For the 48" mowers, Pacific Lawnmower was the
apparent second low bid, with a pre-tax price of $7,436.65. For the 84" mower,
California Turf was the apparent fourth low bid with a pre-tax price of $27,925.00.
However, due to non-responsiveness of the lower bidders to the advertised
specifications, both of the firms were, in fact, the low bidders for the mowers.
RECOMMENDATION: That Council award the contract to Pacific Lawnmower for
the 48" riding lawn mowers and to California Turf for the 84" riding lawn mower.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION: The FY96-97 equipment replacement budget provides for the
purchase of two replacement small riding lawn mowers and one large riding
lawnmower. Ten potential bidders were contacted and the bid was also advertised in
the local newspaper. Two Chula Vista vendors were contacted and chose not to
submit bids. Five bidders responded as follows, with the recommended item in bold:
Bidder i 48" MOWer _ 84" MQWer
,California Turf iNo Bid $27,925 ,
\--_.. _~ _~ _______ .,. _. _. _... _. "" _ .,. _ _. "....L _,_._._,__.__._~__._._. ._._._<_____.__ _._____........,
iPacific Lawnmower 1$7,436.65 No Bid !
,------- -------------------------1--------------- -.-- -- -- ----.--.--.----. - - -,
:c:.g,l<les_ch](~___________ _____J~_6.,'!2='-'QQ__':.___ Ji.3..?-,~.:i.L______":
iJacobsen iNoBid $16,278*;
'--------'---'--------..-'----------------t----- .-.-. -'^-^-^~-~-- ^---'~'1
iBob Hicks 'No Bid $22,633 * ,
,--------------------------------+--------------------- -----------------,
iBob Hicks (alternate) 'No Bid $26,959 * 1
~,_~.__._.__._.___.__.___.~~_l;~__~___._._."_._.,._~ ~~_,_,._~~~_~........J
* These items would appear to be lower than the recommended award
items, but do not meet specs.
The Fleet Manager, in coordination with the using department, prepares the
specifications for all fleet equipment. These specifications are developed considering
the operating needs of the using department as well as durability and ease of
maintenance. For this particular bid, the bidders supplying the lowest bids did not
meet specifications and were not selected. The reasons for the rejections are included
in the narrative below.
1/-/
Page 2, Item___
Meeting Date 01/28/97
The first low bid for the 48" mower, C.R. Jaeschke, requested exceptions to the
specifications that would negatively affect the productivity of the mower. Steering
and ground speed are not controlled by levers as specified, which adversely affect the
quickness and agility of the mower. The cut grass discharge is not aided by an
impeller as specified and therefore the amount of cut grass picked up by the mower is
diminished. These exceptions were not accepted by the Fleet Manager and operating
department.
The first low bid for the 84" mower, Jacobsen, bid a mower that was smaller in size
than the specifications. The cutting width was narrower and the engine horsepower
was less. These exceptions were not accepted by the Fleet Manager and operating
department. The second and third low bids, Howard Price Mowers, distributed by Bob
Hicks Turf Equipment Co., Inc., were rejected by the Fleet Manager and operating
department because they did not meet specs. One of the areas in which the specs
were not met, was the Power Take Off (PTO) and clutch. The City currently has a two
year old mower of the same type which has shown extremely poor performance. In
these two years, the mower has been returned to the Bob Hicks facility in Anaheim at
least ten times for repairs to the PTO and clutch, the same areas for which the bidder
requested exceptions from the specifications. Ten is the number of times that can be
documented by Equipment Maintenance. The mower has also been picked up directly
from Parks Maintenance staff. These repairs have all been completed under warranty
and have not cost the City directly. However, there have been administrative and
operational costs when the mower was not available for service. In addition, the
Howard Price Mowers do not have the capability to recycle the cut grass back into the
turf as specified, which negatively affects the productivity of the mower and adds
additional costs for turf nutrients.
FISCAL IMPACT: Sufficient funds ($66,468) are provided in the FY96-97 equipment
replacement budget for the purchase of the three mowers. The total amount
including 7.75% sales tax is $46,1I5.17, which is $20,353 less than the budgeted
estimate.
C\ WINWORD\BUDGET\Al1 3MWR.DOC
/J~d--
RESOLUTION NO. Jsr~;2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING NON-RESPONSIVE BID AND
AWARDING CONTRACT TO PACIFIC LAWNMOWER FOR THE
PURCHASE OF TWO 48" RIDING LAWN MOVERS; AND
REJECTING BIDS, ACCEPTING BIDS AND AWARDING
CONTRACT TO CALIFORNIA TURF FOR ONE 84" RIDING
LAWN MOWER
WHEREAS, on November 20, 1996, the Purchasing Agent
accepted the following bids for the purchase of two 48" and one 84"
riding mowers:
'These items would appear to be lower than the recommended
award items, but do not meet specs.
WHEREAS, the first low bid for the 48" mower, C.R.
Jaeschke, requested exceptions to the specifications that would
negatively affect the productivity of the mower and which
exceptions were not accepted by the Fleet Manager and operating
department; and
WHEREAS, the first low bid for the 84" mower, Jacobsen,
bid a mower that was smaller in size than the specifications and
its cutting width was narrower and the engine horsepower was
less; these exceptions were not accepted by the Fleet Manager and
operating department; and
WHEREAS, the second and third low bids, Howard Price
Mowers, distributed by Bob Hicks Turf Equipment co., Inc., were
rejected by the Fleet Manager and operating department because
they did not meet specs particularly in the area of the Power
Take Off (PTO) and clutch; and
WHEREAS, for the 48" mowers, Pacific Lawnmower was the
apparent second low bid, with a pre-tax price of $7,436.65 and
1
J/~ 3
for the 84" mower, California Turf was the apparent fourth low
bid with a pre-tax price of $27,925.00; and
WHEREAS, however, due to non-responsiveness of the
lower bidders to the advertised specifications, both of the firms
were, in fact, the low bidders for the mowers.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby reject non-responsive bid of C.R.
Jaeschke and accept bids and award contract to Pacific Lawnmower
for the purchase of two 48" riding lawn mowers.
BE IT FURTHER RESOLVED that the City Council of the
city of Chula vista does hereby reject the non-responsive bids of
C. R. Jaeschke and Bob Hicks Turf Equipment and accept bids and
award contract to California Turf for one 84" riding lawn mower.
BE IT FURTHER RESOLVED that the Purchasing Agent of the
city of Chula vista is hereby authorized and directed to execute
said contracts for and on behalf of the City.
Presented by
Approved as to form by
John P. Lippitt, Director
of Public Works
At
ey
C:\rs\.ower.bid
2
J/~1
COUNCIL AGENDA STATEMENT
Item j,,2.
Meeting Date 01-28-97
ITEM TITLE: Resolution / %'52} Accepting bids and awarding contract for the
purchase of eight sedans, a station wagon, and seven pickup trucks, and appropriating
$4,000.00 from the Sewer Fund for this purchase.
SUBMITTED BY: Director of Public.i ~
Director of Finance ff../
REVIEWED BY: City Manager~ \?w'~ (4/5THS vote: Yes X No_)
The FY 96-97 equipment replacement bUdget ;rovides for the purchase of eight replacement
sedans, a station wagon, and seven replacement pickup trucks. On December 3, 1996, the
bids for the purchase of these vehicles were opened. The lowest responsible bidder for the
sedans, the station wagon, and three pick-ups was Dixon Ford with a net total price of
$205,163.56. The lowest responsible bidder for two pick-up trucks was Escondido Jeep/Eagle
GMC with a net total price of $32,143.98. The lowest responsible bidder for two pick-up trucks
was Lasher Auto Center with a net total price of $34,687.96. The grand total for these
purchases is $271,995.50.
RECOMMENDATION: That Council award contracts to Dixon Ford, Escondido Jeep/Eagle
GMC, and Lasher Auto Center, the lowest responsible bidders. Also recommended is the
appropriation of $4,000.00 from the Sewer Service Fund for sewer-related equipment not
included in the replacement program.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The FY 1996-97 Equipment Replacement Program allows for the
replacement of eight sedans, a station wagon, and seven pick-up trucks of various sizes.
Twenty-three prospective bidders were contacted, including two local vendors, and eleven
bidders responded. The lowest bidders and the local vendors tabulation by item is shown on
page 2. Council has previously directed that Staff take into account the 1 % Sales Tax rebate
that the City would receive in the event vehicles were purchased from Chula Vista vendors.
The table on Page 2 has a column for each local vendor showing the bid item for each item
taking that 1 % rebate into account. As can be seen, even with the 1 %, local vendors were not
the low bidders for any of the items.
ALTERNATIVE FUEL: Alternative fueled vehicles were not offered by any of the vendors.
FISCAL IMPACT: When savings from other purchases and other fund contributions are
considered, there are sufficient funds provided in the FY 96-97 equipment replacement budget
for the above equipment ($ 258,000.00 budgeted, $271,995.50 cost, $13,995.50 shortfall).
Savings of $13,062.00 is available from the purchase of the riding mowers, also on tonight's
agenda ($20,353.00 less $7,291.00 needed for the purchase of the police motorcycles), as is
a $4,000.00 contribution from the Sewer Fund for added items not in the replacement program
that will increase the utility of the two sewer trucks (a crane and two-way radios). The total
amount including 7.75% sales tax is $271,995.50.
/;2. -/
RESOLUTION NO.
/ Fr.-I;), 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF EIGHT SEDANS, A
STATION WAGON, AND SEVEN PICKUP TRUCKS, AND
APPROPRIATING $4,000 FROM THE SEWER FUND FOR
THIS PURCHASE
WHEREAS, the FY 96-97 equipment replacement
provides for the purchase of eight replacement sedans, a
wagon, and seven replacement pickup trucks; and
budget
station
WHEREAS, on December 3, 1996, bids for the purchase of
these vehicles were opened as set forth in Exhibit "A":
WHEREAS, the lowest responsible bidder for the sedans,
the station wagon, and three pick-ups was Dixon Ford with a net
total price of $205,163.56; and
WHEREAS, the lowest responsible bidder for two pick-up
trucks was Escondido Jeep/Eagle GMC with a net total price of
$32,143.98; and
WHEREAS, the lowest responsible bidder for two pick-up
trucks was Lasher Auto Center with a net total price of
$34,687.96.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award the
contract for the eight sedans, station wagon and three pick-ups
to Dixon Ford for a net total price of $205,163.56.
BE IT FURTHER RESOLVED that the City Council of the
City of Chula vista does hereby accept bids and award the
contract for two pick-ups to Escondido Jeep/Eagle GMC for a net
total price of $32,143.98.
BE IT FURTHER RESOLVED that the city Council of the
City of Chula vista does hereby accept bids and award the
contract for two pick-up trucks to Lasher Auto Center for a net
total price of $34,687.96.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute said contracts for and
on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED $4,000 is hereby appropriated
from the Sewer Service Fund for sewer-related equipment not
included by the Equipment Replacement Program.
Presented by
Approved as to form by
John P. Lippitt,
PUblic Works
c: \rs\sedans
Director of
cit
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 01128/97
/3
ITEM TITLE:
Resolution jeJ'U I Accepting bids and awarding contract for the
purchase of erosion control plants
Director of Parks, Recreation and Open spa~
Purchasing Agent ~~
~ ~
City Manager~(1 ~,71 (~,c (4/Stbs Vote: Yes _ No X)
u
SUBMITTED BY:
REVIEWED BY:
Request for bids to provide erosion control plants were let on November 3, 1996, and received by the
City's Purchasing Agent on November 19, 1996.
STAFF RECOMMENDATION: That the City Council:
1. Adopt the resolution;
2. Accept the bid; and
3. Award the contract to Miramar Wholesale Nurseries, the low bidder.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The budgets for the City's Open Space Districts annually provide funds to purchase
plants for various reasons. Plants require replacement when they expire. The staff is continuing its
program to replace plants with more drought-tolerant species. In addition, plants native to this area are
being used as replacement plants. Plants are used throughout the assessment districts for erosion control.
This year, the bid process was packaged for the entire year's purchase of plants in order to realize cost
savings. In addition to realizing a cost savings, staff ensures the City receives quality plans and realizes
efficiency by purchasing the plants. Staff, as opposed to the contractors, routinely procure plants
throughout the course of the year, as needs arise. The contractors plant the vegetation under the
oversight of staff. Staff believes that Open Space plant purchases, by the City, realizes better cost
savings, efficiency in the purchasing process (compared to several contractors buying plants) and ensures
that our Open Space Districts receive quality plants.
Following the formal publication of the Notice to Bidders on November 2, 1996, ten nurseries, including
two local purveyors were sent bid packages. Three bids were received as follows:
[NETWORK me - A1l3 - PlantAwd.A13 - January 23, 1997]
1
/J~/
Item:
Meeting Date: 01128/97
.. .
BIDDER BID AMOUNT
Miramar Wholesale Nurseries $23,508.11
Village Nurseries $25,221.80
Evergreen Nursery Incomplete Bid
The terms of this agreement is for the current calendar year, with the City having the option to renew
the agreement for four additional one year periods coinciding with the calendar years of 1998, 1999,2000
and 2001. Options are contingent on the City's satisfaction with the level of service and quality of plant
material. The option contract price will be based on changes in the CPI, supplier price increases, or
governmental or regulatory agency increases to the trade, which is not to exceed 5 % from the prior year
prices.
It is staff's recommendation of that Miramar Wholesale Nurseries be awarded the contract for providing
erosion control plants for the current calendar year.
FISCAL IMPACT: Funds for plant replacement are included in the respective open space maintenance
districts budgets in which the plants will be installed. By utilizing one vendor for a calendar year
purchase whereby the contract is set, with conditions, there are substantial savings accumulated versus
buying plant materials in smaller quantities.
(NETWORK - me - Al13 - PlantAwd.A13 - January 23. 1997]
2
J3-d-.-
RESOLUTION NO.
/1;3tf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE PURCHASE OF EROSION CONTROL
PLANTS
WHEREAS, requests for bids to provide erosion control
plants were received by the City's Purchasing Agent as follows:
Bidder
Amount
Miramar Wholesale Nurseries
Village Nurseries
Evergreen Nursery
$23,508.11
$25,221.80
Incomplete Bid
WHEREAS, it is staff's recommendation that Miramar
Wholesale Nurseries be awarded the contract for providing erosion
control plants for the current calendar year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the bids and award the
contract to the lowest responsible bidder, Miramar Wholesale
Nurseries, in the amount of $23,508.11.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute said contract for and on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
~>o./<" ~ d
M. Kaheny, City orney
Jess Valenzuela, Director of
Parks & Recreation
C:\rs\erosion.bid
/3:3
COUNCIL AGENDA STATEMENT
Item: / i
Meeting Date: 01128/97
ITEM TITLE:
/%52-~
Resolution Authorizing the acceptance of a Community Alternative
Activities Project grant from the San Diego County Office of Education FY
1996/97; and Appropriating $9,000 in the Grant Fund (290-2902) and approving
the expenditure of said City funding for implementation of the Community
Alternatives Activities Project
0;,""", of PMb, R=""X\: """ SP'~~
City Manager J.\ ~~ ~~ \ (4/5ths Vote: Yes X No ~
SUBMITTED BY:
REVIEWED BY:
On September 18, 1996, the San Diego County Office of Education contacted the Parks and Recreation
Department to participate in the Community Alternative Activities Project. The Community Alternative
Activity Project grant would allow the Department to set up an after-school mentor program for middle-
school age youth. This project would promote collaboration among schools, community-based
organizations and other youth-serving agencies to prevent alcohol and drug use by school age youth.
On October 25, 1996, the Department submitted the Community Alternative Activities Project proposal
and on November 1, 1996, was informed that the San Diego County Office of Education approved the
Community Alternative Activities Project. The San Diego County Office of Education authorized $9,000
in financial assistance to establish the after-school program for middle-school age youth at Chula Vista
Middle School. The City, in collaboration with the University of California Cooperative Extension - San
Diego County 4-H Foundation Programs and the South Bay Family YMCA, would implement the
Community Alternative Activities Project, Chula Vista After School Activities Program.
STAFF RECOMMENDATION: That the City Council adopt the Resolution authorizing the acceptance
of a grant from the San Diego County Office of Education for FY 1996/97 and appropriating $9,000 in
the Grant Fund (290-2902) and approving the expenditure of said City funding for implementation of the
City's Community Alternative Activities Project
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION: The CAPP Program began in San Diego with the first of three projects funded through
the County Department of Health Alcohol and Drug Services FY 1994-95 allocations. The San Diego
County Office of Education administrates and allocates these funds. Project sites include: The Lemon
Grove Project, Friends of Jamul School, Social Advocates for Youth (SAY), Study Buddy Project and
now, the Chula Vista ASAP Mentors.
[M:\home\parksrec\all3 - JGB: CAAP - acepl$97.cap .01113/97] 1
/1-/
Item:
Meeting Date: 01128/97
CAPP promotes collaboration among schools, community-based organizations and other youth-serving
agencies to prevent alcohol and drug use by school age youth. The focus of the program is to collaborate
with local agencies to provide positive and supervised activities for school-age children during non-school
hours. The CAPP project would involve youth in ongoing, meaningful, decision-making roles regarding
program and activities design; use cultural and language-relevant resources; and engage parents/guardians
in planning and ongoing involvement.
The Chula Vista Parks, Recreation and Open Space Department, in collaboration with the University of
California Cooperative Extension - San Diego County 4-H Foundation Programs and South Bay Family
YMCA, would establish a new project, the Community Alternative Activities Project (CAPP) herein
called Chula Vista After-School Activities Program (ASAP) Mentors.
The proposed project would recruit and train Chula Vista Middle School youth to lead after school
science and health activities for elementary school youth in Vista Square's after-school program. Staff
from the partner agencies would recruit, mentor and supervise the teens as they carry out the activities.
Teams of 2-3 teens would conduct each activity. We propose to recruit 10-15 teens for each track of the
year-round school sessions. Special emphasis would be placed on recruiting high risk youth through the
Middle School Student Assistance Teams and the YMCA PRYDE Program. Activities would be provided
two days a week. This would be in addition to intermural sports and homework assistance currently
available on the campus of Chula Vista Middle School.
The City's Human Services Coordinator would serve as the project manager, and would be responsible
for completing and submitting the required reports to the San Diego County Office of Education. Funds
would be disbursed to the appropriate partner agency upon receipt of appropriate expense documentation.
Payments are to be made based on clear expectations and performance according to the agreement
submitted to the San Diego County Office of Education.
FISCAL IMPACT: The City has been awarded a $9,000 grant from the San Diego County Office of
Education's Community Alternative Activities Project. These funds would be deposited into a grant
account, San Diego County Office of Education Grant (290-2902). This grant would cover most of the
expenses for the project. The Human Services Coordinator would work approximately 3 % or five (5)
hours per month on the project (July 1, 1996 through June 30, 1997). The City would contribute, in-
kind, the salary and benefits of the Human Services Coordinator, at an estimated cost of $1,500 for the
grant period. Excepting the in-kind contribution, City General Funds would not be required for this
program.
Attachments:
"A" - Agreement
"B" - Budget - FY 1996/97
"C" - Project Proposal
[M:\home\parksrec\al13 . JOB: CAAP . acept$97.cap .01/13/97J
2 /'1-2
RESOLUTION NO. I 'j'.5j, /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT GRANT
FROM THE SAN DIEGO COUNTY OFFICE OF EDUCATION
FY 1996/97; AND APPROPRIATING $9,000 IN THE
GRANT FUND (290-2902) AND APPROVING THE
EXPENDITURE OF SAID CITY FUNDING FOR
IMPLEMENTATION OF THE COMMUNITY ALTERNATIVE
ACTIVITIES PROJECT
WHEREAS, on September 18, 19906, the San Diego County
Office of Education contacted the Parks and Recreation Department
to participate in the Community Alternative Activities Project; and
WHEREAS, the Community Alternative Activity Project grant
would allow the Department to set up an after-school mentor program
for middle-school age youth and would promote collaboration among
schools, community-based organizations and other youth-serving
agencies to prevent alcohol and drug use by school age youth; and
WHEREAS, on October 25, 1996, the Department submitted
the Community Alternative Activities Project proposal and on
November 1, 1996, was informed that the San Diego County Office of
Education approved the Community Alternative Activities Project;
and
WHEREAS, the San Diego County Office of Education
authorized $9,000 in financial assistance to establish the after-
school program for middle-school age youth at Chula vista Middle
School; and
WHEREAS, the City, in collaboration with the University
of California Cooperative Extension San Diego County 4-H
Foundation Programs and the South Bay Family, would implement the
Community Alternative Activities Project, Chula vista After School
Activities Program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the acceptance of a
Community Alternative Activities Project grant from the San Diego
County Office of Education FY 1996/97.
BE IT FURTHER RESOLVED that $9,000 is hereby appropriated
in the Grant Fund (290-2902).
BE IT FURTHER RESOLVED that the City Council does hereby
approve the expenditure of said City funding for implementation of
the City's Community Alternative Activities Project.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
J 1/-;3
City
orney
ATTACHMENT A-l
AGREEMENT
This Agreement for
entered into this
Chula Vista ASAP Mentors
is
1
day of
November
1996 by and
Schools/County Office
Chula Vista ASAP
between the San Diego County Superintendent of
of Education, herein called the "County" and
Mentors
herein called the "Contractor," who agrees to provide
the following described services to the County;
SCOPE OF SERVICES
See Attachment A.
TOBACCO-FREE FAC:IL:ITY
The County is tobacco-free facility. Tobacco use (smoked or
smokeless) is prohibited at all times on all areas of County Office
property.
PERIOD OF AGREEMENT - INCEPTION AND TERMINATION DATES
This agreement shall be effective during the grant period
July 1, 1996 - June 30, 1997.
FUND AVAILABILITY
Funding of this Agreement, if funded by the County, is contingent upon
appropriation and availability of funds. Work performed in advance of
contract approval shall be done at the sole risk of Contractor.
COMPENSATION/COSTS AND PAYMENT SCHEDULE
Chula Vista ASAP Mentors will receive total funding in the amount of
$9,000.00. Funding will be disbursed three times during the contract
year. The first quarter's allocation will be 45% of total amount to
support start-up costs of new project. Two other installments will be
according to number of service hours provided during the quarter.
RENEWAL TERMS
Contract may be renewed subject to funding from the County Department
of Health and adequate completion of the work plan objectives.
CONFIDENTIALITY OF SERVICES OR WORK
COUNTY/CONTRACTOR CONTACT PERSONS AND ADDRESSES
Contact Person; Jennifer Bartindale
Address; City of Chula Vista Parks & Recreation Department, 276
Fourth Avenue, Chula Vista, CA, 91910.
/I~I
ATTACHMENT A-2
TERMINATION
This Agreement may be terminated by either party with a 30-day written
notice.
INDEPENDENT CONTRACTOR
It is expressly understood that at all times while rendering the
services described herein and in complying with any terms and
conditions of this Agreement, Contracts is acting as an independent
contractor and not as an officer, agent, or employee of the County.
HOLD HARMLESS
The Contractor agrees to hold harmless, defend, and to indemnify the
County, its officers, agents, and employees against any and all
losses, injuries, claims, actions, judgments and liens arising from,
or alleged to have arisen from, the Contractor's performance or lack
thereof under this Agreement.
WORKERS' COMPENSATION
The Contractor shall provide workers' compensation insurance or shall
self-insure their services in compliance with provisions of Section
3700 of the Labor Code of the State of California. A Certificate of
Insurance may be provided, providing for such, or Contractor shall
sign and file with the County the following certificate:
"I am aware of the provisions of Section 3 700 of the Labor code
which requires every employer to be insured against liabili ty of
workers' compensation or to undertake self-insurance in
accordance with the provision of that Code, and I will comply
with such provision before commencing the performance of the
work of this Agreement."
NONFUNDING
Notwithstanding any of the foregoing provisions, if for any fiscal
year of this Agreement, the San Diego County Board of Education fails
to appropriate or allocate funds for future periodical payments under
this Agreement, the County will not be obligated to pay the balance of
funds remaining unpaid beyond the fiscal period for which funds have
been appropriated or allocated and may terminate this Agreement with
30 days' written notice
/L/-3
ATTACHMENT A-3
AUDIT
The Contractor agrees to maintain and preserve, until three years
after termination of the Agreement with the County and to permit the
State of California or any of its duly authorized representatives, to
have access to and to examine and audit any pertinent books,
documents, papers, and records related to this Agreement.
INSURANCE REQUIREMENTS
The Contractor shall maintain and shall cause each Subcontractor to
maintain Public Liability and Property Damage Insurance to protect
them and the Superintendent of Schools from all claims for personal
injury, including accidental death, as well as from all claims for
property damage arising from the operations under this Agreement. The
minimum amounts of such insurance shall be as hereinafter set forth.
Amounts of Insurance:
General Liability
Comprehensive form -
Products/Completed
Operations
Bodily Injury and
Property Damage
$500,000.00
Amount
Auto Liability
Comprehensive form -
Owned, Nonowned Hired
Bodily Injury and
Property Damage
Combined
$ N/A
Amount
The Contractor shall file, with the County, Certificates of Insurance
indicating a thirty-day (30) cancellation notice and naming the County
as an additional insured.
GOVERNING LAW/VENUE SAN DIEGO
In the event of litigation, the Agreement and related matters shall be
governed by and construed in accordance with the laws of the State of
California. Venue shall be with the appropriate State or Federal
court located in San Diego County.
COMPLIANCE WITH LAW
The Contractor shall be subject to and shall comply with all Federal,
State and local laws and regulations applicable with respect to its
performance under this Agreement including, but not limited to:
licensing, employment and purchasing practices, and wages, hours and
conditions of employment, including nondiscrimination.
/t/~t
ATTACHMENT A-4
FINAL APPROVAL
This Agreement is of no force or effect until approved by signature by
the County Superintendent of Schools or his designee, the Assistant
Superintendent of Business Services.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement and understandings of
the parties hereto and prior writings, conversations or
representations of any nature shall be deemed to vary the provisions
hereof. This Agreement may not be amended in any way except by a
writing duly executed by both parties hereto.
IN WITHESS WHEREOF, the parties hereto have caused this Contract to be
duly executed, such parties acting by their representatives being
thereunto duly authorized.
SAN DIEGO COUH'l'Y StJPERIN'l'EHDEH'l'
OF SCHOOLS
CON'1'RAC'1'OR
By (Authorized Signature)
7
;).w-Z
By (Author~
.lpc:c:. V;:a 1 pn711~ 1::.
Name (Type or Print)
Name (Type or Print)
Director of Parks and Recreation
Title
Title
November 25, 1996
Date
Date
95-6000690
"e4eral I.D. lIo./Social Security I
Revised 2/95 agremnt#2
/1/-7
ATTACHMENT A-5
At tachment A
SCOPE 01' SERVICES
Chula Vista ASAP Mentors
Implementation Tasks and Services to be Performed
Independent Contractor
It is expressly understood that at all times while rendering the
services described herein and in complying with any terms and
conditions of this Agreement or regulations of the San Diego County
Superintendent of Schools, the school and/or providers are acting as
an independent contractor and not as an officer, agent, or employee of
the San Diego County Office of Education.
This memorandum of understanding is entered by the Chula Vista ASAP
Mentors and the San Diego County Superintendent of Schools for the
purpose of jointly sponsoring the C.A.A.P.
In order to accomplish this goal Chula Vista ASAP Mentors will:
o Complete the required CAAP annual Work Plan.
o Implement the provis ions of the approved Work Plan.
o Submit program statistic and budget details to the San Diego
County Superintendent of Schools as required for quarterly
progress reports.
o Have as part of the Work Plan a process for evaluation of the
programs.
o Comply with applicable provisions of contract with San Diego
County Department of Health (No.4) and to cooperate fully toward
fulfillment of the obligations of that contract.
The San Diego County Superintendent of Schools will:
o Approve Work Plans and allocate funding.
o Provide technical assistance to grantees.
o Submit all required reports to Drug and Alcohol Services.
o Monitor, review and verify the delivery of contracted services
by funded agencies to target populations.
)tj-y
ATTACHMENT B
CllliLA VISTA ASAP MENTORS PROGRAM
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT
PARKS AND RECREATION
FISCAL YEAR 1996-97
290-2902 -- CAPP Grant
LINE ITEM LINE ITEM TOTALS LINE ITEM DESCRIPTION
5202 - Contractual Services $9,000.00 All expenses related to carrying
out the program. May include:
plant materials, curriculum,
incentives and other miscellaneous
items
TOTAL $9,000.00
/J/~1
ATTACHMENT C-1
REQUEST FOR APPLICATIONS
FOR
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT
(CAAP)
CONTACT:
SAN DIEGO COUNTY OFFICE OF EDUCATION
6401 LINDA VISTA ROAD, ROOM 624
SAN DIEGO, CA 92111-7399
;/f-/t?
ATTACHMENT C-2
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT
(CAAP)
J..... ....QY~AlF1g;AXIQN$i~
AFTER SCHOOL ACTIVITY PROJECT
PROJECT TITLE: Chula Vista ASAP Mentors
Supervisorial District/Geographical Area Served: District #1 (South Bav)
Number of Youth Targeted for Project Services: 60 Ages/Grades: K-8
Project Is: 0 Expansion of Existing Program (jg A New Program
Budget Requested: $9,090.00 Date Submitted: September 30. 1994
Date Resubmitted: October 25 1996
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Xii
-.-.....--.....'..
Community-Based Organization: Citv ofChula Vista Parks & Recreation Department
Address: 276 Fourth Avenue
City:
Chula Vista
State: CA Zip: 91910
Phone: (619) 691-5071
Project Manager:
Authorized Person's Name and
Title: Human Services Coordinator
Director of Parks & Recreation
AUTHORIZED SIGNATURE:
IgQ!;;!-I~Q~[Q:@;~
DATE:
1 ~ (t' ri'h
1. District:
Schoo1(s):
Address:
Sweetwater Union High School District
Chula Vista Ie High School
415 Fifth Avenue
City: Chula Vista State: CA
Project Contact: Ca ryn Hoffman
Authorized Person's Name and Titl
Zip: 91910 Phone: (619) 691-5455
Title: f'TiTTttj1a1- Sc; ence Teacher
AUTHORIZED SIGNATURE:
"-'LL<Lj
2. District:
San Die~!O Countv 4-H
Address: 5555 Overland Ave.. Bldg. 4
City: San Diego State' CA Zip: 92123-1219 Phone: (619)694-2861
Project Contact: Sue S. Manglallan
Title: 4-H Youth Development Advisor
Authorized Person's Name and Title: Sue S. Manglallan. 4-H Youth Deve~me~isor
AUTHORIZED SIGNATURE ...'7A..A...L 5, (fL~(13.
SDCOE Form IRe quest for Proposals' ATTACHMENT 1
CAAP . 8/30/94
If-II
ATTACHMENT C-3
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT
(CAAP)
1!l.tt.t\,P~!ttGAT!QN$iit
AFTER SCHOOL ACTIVITY PROJECT
PROJECT TITLE: Chula Vista ASAP Mentors
Supervisorial District/Geographical Area Served: District #1 (South Bay)
Number of Youth Targeted for Project Services: 60 Ages/Grades: K-8
Project Is: 0 Expansion of Existing Program lEI A New Program
Budget Requested: $9,000.00 Date Submitted: September 30. 1994
Date Resubmitted: October 25.1996
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C )mmunity-Based Organization:
Address:
City:
Project Manager:
Authorized Person's Name and Title:
State:
Zip:
Title:
Phone:
AUTHORIZED SIGNATURE:
DATE:
I. ....... .................................................... .... I
...!!M~Bg~~~J;;Q~;..........
Zip: 91910-3604 Phone: (619) 422-8374
Title: Principal. Vista Square
Authorized Person's Name and Title: Dr. John M. Nelson III. Principal
A~T~ORIZED SIGNATURE: W1\.... rA .Thb,-- -/iT
2. Dlstnct: 8--
Address:
1. District: Chula Vista Elementary
Schoo1(s): Vista Square
Address: 540 "G" Street
City: Chula Vista State: CA
Project Contact: Dr. John M. Nelson III
City:
Project Contact:
Authorized Person's Name and Title:
State:
Zip:
Phone:
Title:
AUTHORIZED SIGNATURE
SDCOE Form IRequest for Proposalsl
CAAP - 8/30/94
ATTACHMENT 1
)1/- /~
ATTACHMENT C-4
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1. STA:TEj.~AJ!,NTJ;)FNEED
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This proposed project is comprised of two schools, Chula Vista Junior High and Vista Square
Elementary School in the Chula Vista Elementary and Sweetwater Union High School District.
The schools serve 2,012 students. The two schools serve an urban population which is
ethnically, linguistically and culturally diverse, and falls in the lower third socio-economically.
Parents in these two schools were part of a focus group interview process which identified the
following needs:
* Assistance on transitioning elementary school students to the junior high experience.
* Need for low or no cost afterschool programs.
* Need to design after school options for older youth that include academic enrichment,
leadership experiences, decision making skills and opportunities to explore careers.
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* Recruit and train junior high youth to carry out an after school science and health program for
elementary school students.
* Provide an unlicensed low or no cost adult and teen supervised after school program.
* Have teens and elementary students design and carry out a community service project.
* Enhance in-school academic experiences by providing experiential science and health
activities in a after school setting.
* Strengthen leadership characteristics and decision making skills by training junior high youth
to be science and health mentors.
* Establish a sustainable program by utilizing the resources of many community agencies
involved in the Chula Vista Cluster and the Chula Vista Youth Coalition.
SDCOE Form (Request for Proposal)
CAAP - 8/30/94
/~13
ATTACHMENT 2
ATTACHMENT C-5
~JIA1r1~11~llIIi~fil~~~~~~f~if~'iji~~~f~tF!~~rl~~~~I!I!~~~~~~r~1~~,~~~~~
This proposed ASAP mentorship project would utilize junior high mentors to lead science and health
activities after school for Vista Square elementary students. We would utilize current play ground staff to
oversee the project on-site. The staff hired from the grant budget would recruit and mentor the teens as
they carry out the activities.
A team of 2-3 teens will conduct each activity. We propose recruiting 10-15 teens for each track. We will
put special emphasis on recruiting high risk youth through the Junior High Student Assistance Teams and
the YMCA Pride Program. Activities will be provided two days a wcek. This will be in addition to
intermural sports and homework assistance that are already on campus.
Gardens will be established on junior high and elementary school campuses. Facets of the gardening
program will include: Soil preparation, composting, nutritional education and food distribution strategies.
Collaboration among community-based organizations, schools and school districts, and other youth serving
agencies.
There already exists a strong community-based collaborative at Vista Square that includes the
junior high school staff, Parks and Recreation, South Bay Community Services, YMCA, American
Red Cross, San Diego County 4-H, parents and over 14 other agencies. In addition, Chula Vista
has a youth coalition made up of 20 youth serving agencies,. These two groups have conducted
youth and parent focus groups to identify the needs of the community. The parents identified after
school programs as top priority. Youth interviews conducted by the youth coalition identified the
need for junior high after school programs.
Involvement of participating youth in ongoing leadership and decision making roles regarding program
design.
A junior high science and health club will be established to evaluate the curriculum, design new
activities and plan community service projects.
Utilization of cultural and language relevant resources.
All promotion and recruitment materials will be provided in Spanish and English. An attempt will
be made to recruit bilingual teen mentors. Project staff will be bilingual. If interpreters are needed
for parents to participate they will be provided.
Involvement and engagement of parents/guardians in planning, developing and implementation of program
activities.
The Vista Square parents will be involved through the on-site Parent Center in reviewing and
evaluating curriculum. Parents nights will be developed that give parents and their children a
chance to do a science or health activity together. Through these parent nights we hope to recruit
parent volunteers who assist with the program as the number of participants grow.
Evaluation plan to include both process and impact evaluation.
The process will be evaluated by both teens and elementary students keeping portfolios or artifacts boxes.
SDCOE Form (Request for Proposal)
CAAP - 8/30/94
/'/-/'/
ATTACHMENT 3
ATTACHMENT C-6
Chula Vista Parks & Recreation
* Current playground staff to oversee these after school activities on site.
* Administrative staff to oversee project goals, budget and supervise project staff.
* Promote program through recreation catalog and community media.
* Recreation equipment, if needed.
Chula Vista Junior High and Vista Square Elementary
* Facilities at both schools will be provided at no charge.
* Will assist in recruitment of participants.
* Communication links to parents and youth.
* Use of A V equipment.
* Translation Assistance.
San Diego County 4-H
* Science and Health Curriculum for K-6 grade youth.
* Teen mentorship and leadership curriculum.
* Liability and accident insurance program.
* Training program for teens in science and health.
* Staff who will carry out the evaluation
-~~-
'- '. . ..... .. . . c._. ~""'" . ..' ... '. . " ....
a. Impact:
The elementary and teen participants will receive pre and post test to evaluate science and
health knowledge gain.
We will also do an interest survey for the teens to see if there has been attitude change in
regard to school, volunteerism, science, health as well as check students goals, plans, and
academics.
b, Process
Teens will keep individual portfolios.
The elementary students will keep group portfolios. These portfolios will be reviewed by a
panel that will include school staff and outside evaluators. Write up of the review will track
the process and progress of the project.
We will also conduct focus group interviews of important stakeholders to check progress.
These will include parents, agency staff, school staff, project staff and teens,
We will keep attendance records. All mentors will keep records of the number of volunteer
hours.
SDCOE Form (Request for Proposal)
CAAP . 8/30/94
/'1- /"~
ATTACHMENT 4
ATTACHMENT C-7
CAAP
I ............. .... .........1
1llleEiillll.
Contractor: Chula Vista Parks & Recreation Contract Period: 11/15/96
to 06/30/97
Project:
Chula Vista ASAP Mentors
Planned Expenditures
A. Personnel
1.
Salaries & Wages
(Limit 20% of total award)
$ L800.00
2.
Benefits
$ -0-
B. Non-Personnel
1. Consultants $ 2.700.00
2. Mileage $ 200.00
3. Transportation $ -0-
4. Space Cost and Rental $ -o-
S. Other Supplies $ 2.800.00
6. Equipment/Rental $ -0-
C. Other
1. Accidental Liability Insurance $ 200.00
2. Teen Incentives/Training Material $ 1.300.00
TOTAL $ 9 000 00
Authorized Signature:
Name & Title: Jess Valenzuela. Director of Parks & Recreation
Date:
Phone:
(619) 691-5071
SDCOE Form (Request for Proposals I
CAAP - 8/30/94
ATTACHMENT 5
/'I-/~
ITEM TITLE:
3
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
.4.
Item /S'
Meeting Date 01/28/97
Resolution / Y ~? Amending the Fiscal Year 1996-97 Capital
Improvements Program for the Eastern Aquatic Complex (PR 188) and
Drainage Improvements-"G" Street, Second Avenue west of Del Mar (DR
908) by Substituting and Reappropriating Funding Sources but No Other
Change to the Project Scope, Phasing or Total Cost
Resolution J ;g'St, 7 Amending the Agreement for matching pledge
contribution to the YMCA Aquatic facility
Community Developmert 'rector
Public Works Director
Deputy City Manager
/'IL/
City Manager 0" 51,
c.>,
(4/5ths Vote: Yes..x.. No_
This is a two-fold request by the YMCA regarding funding for the proposed Eastern Aquatic
Complex to be located at 851 Pas eo Ranchero in Rancho del Rey (see exhibit A). The first request
is to substitute the City contribution of $250,000 currently slated to come from CDBG funds with
another funding source, and the second request is to accelerate the payment schedule from the
City (see Exhibit B).
RECOMMENDATION: It is recommended as follows:
1. To switch CDBG sources already appropriated for the YMCA Pool ($150,000) with RCT
monies from the drainage improvement project-"G" Street, Second Avenue west of Del
Mar.
2. To retain the current payment schedule and possibly extend it by one year should the
drainage project incur any added costs as a result of using Federal monies.
3. To amend the existing Agreement between the City and the YMCA for matching pledge
contribution which reflects the substitution of CDBG funds with RCT monies and to
possibly extend the payment schedule if needed.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
In fiscal year 1993-94, the City committed to assist the YMCA in the construction of a new
facility in Rancho del Rey, specifically an aquatic center. The eastern area of the City is deficient
in aquatic facilities. The City committed a total of $500,000 spread over five years. This is year
three of the City funding program.
/f:> /
Page 2, Item _
Meeting Date 01/28/97
The City contribution breaks down as follows as to funding sources:
Park Acquisition and Development (PAD)
Residential Construction Tax (RCT)
Community Development Block Grant (CDBG)
Total
$ 20,000
$230,000
$250,000
$500,000
Monies appropriated through FY 96-97 total $280,000, of which $150,000 is CDBG monies.
CDBG monies are proposed at the rate of $50,000 per year for FY 97-98 and 98-99 and RCT at
the rate of $60,000 per year for the same period (see Exhibit C).
DISCUSSION:
1. Reauest for Substitute Fundina
The YMCA letter points out that the use of block grant monies will increase their overall project
costs by $80,000 to $100,000 and place several constraints on the project including construction
difficulties and lengthening their overall project schedule. They requested the substitute of another
funding source and moving the Block Grant monies to another project.
Staff from Community Development, Parks and Recreation, Public Works and Administration met
and reviewed the CIP program as to projects funded by RCT or PAD which also might be CDBG
eligible. A key assumption was that no monies would be diverted from any existing project, just
a shift in funding sources and that the shift would have no net cost increase to the City.
The projects looked at included the following: Third Avenue Sidewalk Repair ($75,000 - RCT). "G"
Street Drainage Project ($220,000 - RCT). Eucalyptus Park Design ($137,000 - PAD). Otay Gym
(total dollars yet to be refined, current funding is CDBG and Section 108 loan). Park Acquisition
West of 1-805 ($1,065,000 - PAD). and Restroom Renovations to comply with ADA at Greg
Rogers, Eucalyptus, Otay and Los Niiios Parks ($100,500 for each park phased over several years
- PAD).
The option of substituting Park Acquisition and Development funds was considered by staff but
rejected. When Council initially decided to support the YMCA pool funding request, it was
determined that Residential Construction Tax (RCT) was the most appropriate and straight forward
funding source for such a project. Staff still concurs in that original assumption.
Of the RCT eligible projects, the "G" Street Drainage Project is recommended. The Project involves
the installation of a double 60" concrete pipe and a three hundred foot long trapezoidal concrete
channel to protect properties from flooding between Del Mar Court and "G" Street between 2nd
and 3rd Avenues. The total project cost is estimated at $235,000 of which RCT is proposed to
fund $220,000. The project has not yet started as to design but is scheduled this fiscal year.
One concern is whether or not the drainage project might also incur some additional expense as
a result of being partially funded by Federal Funds. It has been estimated by Engineering that
the impact could be zero if the successful bidder might already be paying prevailing wages or up
to 8-10% of the total project cost if he/she does not. The impact if any will not be known until
the Project is bid. To protect against this eventuality, it is proposed that any such shortfall be
/~ / c2
Page 3, Item _
Meeting Date 01/28/97
made up from the CIP allocation for the YMCA in FY 1997-98 and the YMCA funding be extended
one additional year to FY 99-00 if necessary. This amount could be in the range of about
$18,000-$23,000.
Since Federal Funds are used we are required to offer to purchase right-of-way, but can request
free dedication. If the property owners refused to dedicate gratis, we would have to purchase it
based on an appraisal regardless of whether it was Block Grant funded or RCT. However, if it is
RCT funded, we wouldn't have to offer to purchase. The City's acquisition consultant estimates
the total right-of-way cost if we had to purchase all the right-of-way to be around $10,000. So
the cost to go with Federal funds could be between $0 to $10,000 for right-of-way acquisition.
Based on prior experience in this location, staff estimates that we would probably have to pay for
two lots or Y, cost under either funding option. So staff estimates that the Federal funding option
will cost $5,000 for right-of-way over the RCT option.
The proposed City substitute funding plan will prevent the project from loosing any matching funds
from the YMCA of San Diego County which has proposed to equally match every City dollar.
2. Request for Accelerated Payment Schedule
The YMCA has also asked for an accelerated payment schedule from the City. They indicate this
would help in reducing the amount of bridge financing the YMCA would need to secure, therefore
reducing interest costs and freeing additional dollars for construction. As previously stated, the
current schedule calls for $60,000 of RCT and $50,000 of CDBG money in each of the next two
years - FY 1997-98 and FY 1998-99.
Unfortunately, the YMCA request is not supported by staff since there is no guarantee that the
CDBG monies will be available in subsequent years or how much and the amount of RCT funds
which might become available is also unknown. It would not be prudent to accelerate the
payment schedule until such time as we had a further commitment as to those funding levels. The
City needs to maintain flexibility to meet other hi9h priority project needs with all existing funds.
In past years, both the RCT and PAD revenues have fallen short of projections due to the
economy. The future of the Federal Block Grant Program also remains uncertain.
3. Need for Amendments to current Aqreement.
On March 5, 1995 the City approved an Agreement with the YMCA which obligated the City to
make a contribution of $250,000 from City CDBG funds and $250,000 from City PAD and RCT
funds to help fund the development of a YMCA Aquatic facility.
In order to effectuate the proposed request for substitute funding, the current agreement for the
matching pledge contribution to the YMCA Aquatic facility needs to be amended. Attached for
your reference is a strike out version of the current agreement (see exhibit D) and a copy of the
first amendment to the agreement document (see exhibit E).
On January 10, 1997 City staff met with YMCA representatives to review the current agreement
and to determine what modifications were needed if the proposed substitute funding was
approved. Essentially the modifications are minor only requiring that the CDBG/HUD references
be deleted and that the CDBG funds be substituted by RCT funds. In addition, the Agreement has
i5-- .J
Page 4, Item _
Meeting Date 01/28/97
been amended to reserve the right for the City to roll over all or part of City contributions due by
June 30, 1998 or June 30, 1999 to June 30, 2000, if the use of CDBG monies results in a cost
increase for CIP Project DR-908, Drainage Improvements at "G" Street, 2nd Avenue/Del Mar.
The proposed amendments to the agreement do not alter or modify all other components originally
represented in the existing agreement including the YMCA obligation to (1) indemnify the City
against any loss incurred by City as a result of YMCA's receipt of City funds, (2) assure public
access to Chula Vista residents (3) use good faith effort to create a scholarship fund for applicants
who are unable to afford access fees charged by the facility and (4) agree to charge pool program
fees subject to City approval.
FISCAL IMPACT: The City has committed to a total of $500,000 spread over five years for the
YMCA Aquatic facility. The approval of the proposed resolutions will result in 1) the substitution
of CDBG sources already appropriated for the YMCA Pool ($150,000) with RCT monies from the
drainage improvement project at "G" Street and Second Avenue west of Del Mar 2) retaining the
current payment schedule and possibly extending it by one year should the drainage project incur
any added costs as a result of using Federal monies and 3) the amendment of the existing
Agreement between the City and the YMCA for matching pledge contribution which reflects the
substitution of CDBG funds with RCT monies and to possibly extending the payment schedule if
needed.
The substitution of CDBG and RCT monies in an equal dollar amount will save the YMCA an
estimated $80,000 to $100,000 on their overall project cost with no net fiscal impact on the City.
If the payment schedule were accelerated, there would be an interest rate loss on the part of the
City plus an unknown risk as to when those RCT and CDBG monies might be replaced, within
what time frame, and with what impact on existing and other planned critical capital
improvements.
[(JAI M:IHOMEICOMMDEVISTAFF.REPI01-28-97IYMCA(January 23, 1997)]
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CHULA VISTA PLANNING I>EPARTMEN'F
(~) APPLlCANT:Y.M.C.A. of San. Diego PROJECT DESCRIPTION:
County
ADDRESS: 851 PASEO RANCHERO )50
SCALE; FilE NUMBER;
NORTH 1" = 400' PCC-94-IO
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I EVERYBODY
South Bay Farni1yYMCA
EXIUIIHT B
;)(1 Founh ,A,\"('nuE'
(hula Yis1.a. CaHforni" f!J!I!()
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FAX (1;]9) <!!-w!
October 21, 1996
t~fl(
Mr. Jess Valenzuela
Director, Parks & Recreation Department
City of Chu1a Vista
276 Fourth Avenue
Chu1a Vista, CA 91910
Dear Jess:
We appreciated the opportunity to meet with all of you regarding the
City's $500,000 commitment to the YMCA's Capital Development Project.
Pursuant to your request, here is the information regarding our request to
the City.
The YMCA's request is two-fold. First, would it be possible for the City to
substitute the $250,000 currently slated to come from CDBG funds to
another city fund? As you are aware, the use of block grant funds will
increase our overall project costs by $80,000 to $100,000 and place several
constraints upon our project. In addition, due to current design, separation
of the construction of the CDBG eligible pool is extremely difficult and
lengthens our overall project schedule. With all of these factors combined,
the YMCA is very concerned about the feasibility of using CDBG funds.
Second, we have requested the City revisit the payment schedule currently
outlined in our agreement. If possible, we would appreciate an accelerated
payment schedule from the City. This would help in reducing the amount
of bridge financing the YMCA would need to secure, therefore reducing
interest costs and freeing additional dollars for construction.
We appreciate the City's careful consideration of our requests, If you need
further information, please give me a call.
S1:
Greg Cq}.
YMCA Campaign Steering Chair
cc: Mr John Goss, City Manager
Mr. Chris Salomone, Director, Community Development
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RESOLUTION NO. /~5t&
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING FISCAL YEAR 1996-97 CAPITAL
IMPROVEMENTS PROGRAM FOR THE EASTERN AQUATIC
COMPLEX (PR188J AND DRAINAGE IMPROVEMENTS "G" STREET,
SECOND AVENUE WEST OF DEL MAR (DR908) BY SUBSTITUTING
AND REAPPROPRIATING FUNDING SOURCES BUT NO OTHER
CHANGE TO THE PROJECT SCOPE, PHASING OR TOTAL COST
WHEREAS, on June 25, 1996 City Council by Resolution number 18351 approved
adoption of the final operating and Capital Budgets of the City of Chula Vista for the fiscal year
beginning July 1, 1996 and ending June 30, 1997 which included the Eastern Aquatic Complex
(PR188) and drainage improvements - "G" Street, Second Avenue West of Del Mar (DR908); and
WHEREAS, in order to facilitate the development of the Eastern Aquatic complex
(PR188) it is necessary to substitute CDBG funds already appropriated for this facility with RCT
monies from the drainage improvement project at "G" and Second Avenue West of Del Mar
(DR908); and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determined, and resolve that the CDBG sources already appropriated for
the YMCA Eastern Aquatic Complex (PR188) which total $150,000 be substituted and
reappropriated with RCT monies from the Drainage Improvement project - "G" Street and Second
Avenue west of Del Mar (DR908).
Presented by
Approved as to form by
George Krempl
Deputy City Manager
Ov- 1-v\~~ ~~
John M. Kaheny
City Attorney
!(JA;ah) M:\HOME\COMMDEV\RESOS\aquatic (January 17,1997 (2:53pm)]
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EXHIBIT D
Recording Requested by:
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CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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AGREEMENT FOR MATCHING PLEDGE CONTRIBUTION TO
YMCA AQUATIC FACILITY
THIS AGREEMENT, made this _ day of , 1994, for the purposes of
reference only, and effective as of the date last executed by the parties, is made between THE
CITY OF CHULA VISTA, a municipal corporation, ("City"), and YOUNG MEN'S
CHRISTIAN ASSOCIATION OF SAN DIEGO COUNTY, a California non-profit public benefit
corporation ("YMCA"), and is entered into with respect to the following:
I. RECITALS:
A. Property.
YMCA is the owner of the property in Chula Vista, California described as:
Lot 1 of Chula Vista Tract No. 88-1, Rancho del Rey, Phase 2 in the City of
Chula Vista, County of San Diego, State of California, according to Map thereof
No. 12341, filed in the office of the County Recorder of San Diego County on
March 28, 1989,
herein called ("Property").
B. Facilities.
YMCA presently intends to develop, at the cost of approximately $4.9 million in three
or more phases over the next several years, the following facilities ("Facilities ") on the Property.
YMCA presently intends that the phases of such development would generally be as follows:
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Phase IA:
8,200 square feet of teaching pool, pool equipmeBt room, loclecr/shower
facilities, direetor's office, at an estimated cost, not induding land
Pha~e IB:
21,800 sqaare f~et of 25 yard lap/recreation pool, community rooms,
aerobics/malti {JaIpose FGOmS, cross trainiag ceHter, canliovascalar fitness
ceHter, pOrtiOR of lockcr,(saov,er facilities, cai!d discovery ceHter, ysatl1
soccer areHR ana oatdoor recreational facilities, at an estimated cost, not
iaelHding land acqaisition cost, of $2.125 millioR.
PRase IA ana Phrase IB"iire herem sometimes called "Phase I".
Phase II:
26,113 sqHare feet of facilities ineladiag a tI1eF!!j3Y {Jool, gYHlHasiHm,
gymllastics traiBiHg eeHter ana expanded aerobics center, aaaitionallocleer
space and sach additiollilllanascRfJing, {Jarking area and sHtaoor recreation
facilities at all estimated cost of $2.3 millien (in 1991 dollars).
-
The costs estimated above do not indude (i) fund raising costs, (ii) furniture, fixtures and
equipment or (iii) municipal development permit fees.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
II. YMCA'S DUTY TO BUILD.
YMCA agrees to use best efforts to secure the funding for, permits for, design, construct
and operate, for a period of not less than twenty five (25) years from the date Phase I Facilities
are first placed in service, the Facilities on the Property and towards that objective agrees to do
the following:
A. Retain, at its own cost, and keep in good faith under contract until January 31,
1995, a professional fundraiser, to engage in the contribution campaign strategy
[M:\shared\attorney\YMCAI2.wp - 3-14-95] 2
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heretofore approved by YMCA, a summary of which is identified in Exhibit "A"
attached hereto.
B. On the condition that sufficient funding is generated from the above-referenced
contribution campaign strategy or from such other donations or sources as may
be made available to the YMCA for Phase I of the "Project"
(herein defined to include the funding, planning, design and
construction of the Phase I Facilities on the Property or some
similar version of Phase I Facilities on the Property), YMCA
agrees to design and construct the Phase I Facilities on the
Property with diligence and alacrity pursuant to the terms of this
Agreement.
C. On the condition that sufficient funding is generated from the above-referenced
contribution campaign strategy or from such other donations or sources as may
be made available to the YMCA for Phase II of the Project (herein defined to
include the funding, planning, design and construction of the Phase II Facilities
on the Property or some similar version of Phase II Facilities on the Property),
YMCA agrees to design and construct the Phase II Facilities on the Property with
diligence and alacrity pursuant to the terms of this Agreement.
Subject to Council approval which may be withheld based on dissatisfaction of Council with final
design of a given Phase or the entire Project, YMCA may, because of its fund drives schedule
and results, shift components (other than the lap/recreation and teaching pools) in Phase I to
Phase II. Phase II components shall be constructed in two or more phases.
III. CITY'S CONTRIBUTION.
Subject to specified conditions hereinbelow set forth ("Conditions to City's
Contributions"), the City agrees to contribute the following amounts ("City Contributions") from
the designated funding sources not later than the designated times ~j'g!~pj$8~~9%i'BqitiR!)"!m!'
QtilJ)wi}
A. Not later than June 30, 1995, $20,000 of PAD fees previously authorized!"
B. Not later than June 30, 1995, $50,000 of RCT 1994 95 CDBG funds previously
authorized,,;
C. Ei~er (i) flot later refle 30, 1995, $200,000 of a CDBG Seetiafl 108 10aR, or, if
Hflllyailaele or flot IIfJflrOveB, iR the aItefflllti'/e, (ii) $50,000 fler year of CDBG
FuRct3 a'/ailable !IfIflHally iR eaeli af the fell8'",'iag fiscal years Rot later !haR JHfIe
30 of said fiscal year: 1995 6; 1996 7; 1997 8; afld 1998 9;
[M:\shared\attorneyIYMCAI2.wp - 3-14-95] 3
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c.. . . Not hiterthan June 30, 1997, $150,000 of RCI funds reappropriated from CDBG
funds, .. . ...... ..... .. .. . .
D. Not later than June 30, 19961, $150,000 of RCI fuRds reaV13re13riated from
CDBG fuHEIG $50,000 of PAD Fees or from some eilier soeree desigRated by
Gity-;- $~qiQQq...~~!J,~~.9~PFSY~9q~~Y~}!t9g.f!;
E. Not later than June 30, 1991~, $60,000 of RCT funds previoeGly II\Ithorizea PAB
~~~i~~~;iii~;ji;~~\re designated by City; ~~q$~q\Qggf#9!n~P,*BAtR~r
F. Not later than June 30, 199~, $60,000 of RCT funds and $50,000 Pf.D Fees or
from some other souree designated by City~;
Q.,. Not later tHaR JeHe 30, 1999, $60,000 of RCI TImds aRd $50,000 from seme
other soeree desizooted by City.
~~
11. The City reserves the ridn to rell over all or eart of City eOHtribetioHs dee In
JURe 30, 1998 or JtJHe 30, 1999 to Jefle 30, 2000, if the use sf CDBG monies
resHlts iR a 60st iH6rease fer CIP Preie"t DR 998, Drainage ImVfOyemeRts, "G"
Street. 2116 A'.'eHUeiDel Mar.
IV. Conditions to City's Contribution.
The following Conditions lettered A through D inclusive ("Conditions to City's
Contributions") shall eondition the duty of the City to make all of the City Contributions, or if
expressly limited to less than all, than to the speeified eontributions These are not City
eovenants unless it provides herein in this Seetion IV that the "City agrees" to do an aet. They
are for the benefit of the City and may be waived by the City Couneil:
A. Payment Permitted by Funding Souree. The rules governing or regulating the use
of the sourees of funds shall be deemed by the City to permit their expenditure
for the given purpose.
1. Speeifieally, by way of example only, HUD's rules relating to CDBC
expenditmes appears to C~lITeRtly require that the object of the e)(penditure
be Hsed by low ROO msaerilte iHeome families greater tHaH 50% of ilie
time in each year of the first 5 yearG of service.
[M:\shared\attorneyIYMCAI2.wp - 3-14-95] 4
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B. Funds Are Available. The funds with which to make the City's Contributions
must have materialized from the City's funding sources and are available in the
account of the City for distribution.
1. Specifically, by way of example only, the City' s PAD Fund currently has
a deficit and is collected as a unit price on each housing permit issued.
If housing starts don't occur, the funds will not materialize with which to
make the City Contributions from PAD Fees.
2. ~IJeeifically, BY way of example only, the HUD Sectien 10S loan may flot
be appro'led by IIUD, and therefor-e 'llill flot be a'lailaele.
C. Council Appropriates Them for Contribution. For that portion of City
Contributions not made in the current year, City Council shall have appropriated
the expenditure of the contribution in the year the contribution is scheduled to be
made.
1. Council agrees to consider making the appropriation in good faith in the
year scheduled.
D. Approved Phase I is Financed and Ready To Be Built. Sufficient other sources
of financing are available such that, with the City Contributions, Phase I of the
Facilities, in a design approved by the City Council, can be constructed; and
Phase I of the Facilities on the Property shall have been designed to the stage of
legally adequate construction documents pursuant to a design which has received
the advanced approval of the City Council and the YMCA has let the construction
contract for the construction of at least Phase I of the Facilities.
1. City approval may be withheld in the City's unfettered discretion if Phase
I of the Project, as designed and proposed for construction, does not have
the Phase I Facilities described in Recital B, Phase I, and otherwise City's
approval shall not be unreasonably withheld as long as the design
proposed by the YMCA is consistent with the terms of this Agreement or
otherwise meets with the satisfaction of the City.
2. In making a determination of sufficient financing, City shall be entitled to
reasonably rely on YMCA's engineers estimate or such other estimates as
the City finds to be reasonably accurate. In determining the availability
of other sources of financing, the City shall consider the bona fide
commitment of a construction lender to finance the construction. of the
Project on the basis of pledges or other sources of security the same as
cash.
[M:\shared\attomey\YMCAI2.wp - 3-14-95] 5
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3. Duty to Pay Interest. If a scheduled contribution is due under this
agreement which is not paid solely because of the failure of this Condition
D, the City agrees to establish on its internal accounts and records an
"Accounts Payable Due YMCA", which shall be credited with the amount
of that portion of the City Contributions which is otherwise scheduled to
be payable but for Condition D materializing. City agrees that the City's
Account Due YMCA shall also be credited with interest at the rate the
City earns on its investments at the average interest rate on the balance in
said account, compounded and credited quarterly. Interest shall accrue to
the benefit of the entity to whom the principal in the account is paid. The
balance in the Account shall be paid at the time, if ever, to the YMCA
when all Conditions to City Contributions are met, or to the City if they
become incapable or unlikely of being met.
V. YMCA's Duty Regarding Use of City's Contribution.
A. YMCA agrees to use City Contributions only for the purposes of paying for
legitimately and reasonably incurred Phase I Project costs, which unless otherwise
constrained by law or this agreement, may include the funding, financing
(including debt service) design and/or construction of Phase I the Facilities, or
any portion of them.
B. YMCA solely aeeept3 the ri3k aaa responsffiility for H3iag City CORlribHtioas ia
a manner that will qHalify it as eligible Haaer the regalatioas imposed by the
mooing SOHree, iaelHaiag the U.S. Depar-.meRl sf IIoHsiag aaa Ur~aa
~~\I*QR~Pf~~\I~.~X;
C. Ia that regard, YMCf, represeats aad warraRls City that the expeaditHres of the
City COFltribHtioFlS will be separately aeeoHFlted f-or aad speRl oa CDBG eligible
facilities.
[M:\shared\attorneyWMCAI2.wp - 3-14-95] 6
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D. YMCf. promi"es, represent", warrants tkat YMC1\ willlceep all doeHmeHtation
necessary to prove tkat the City ContribHtions '.vas spent on CDBG eligible
faeilities, to show sHeh docHmentation to the City or the City's designee on
demand from time to time, and promises to keep slick CDBC eligible facilities
qIIalified for sHek periea ef time as the funding somee Feltllires.
E. YMCA agrees to indem.;1ify City, its elected aHd appoiHled offieem aHd
employees ("IBdemnities"), agaiBst aBY loss, dEllHage, jlldgmeHl, order, liability,
eJtpell5e, expenditure, paymeHl, reimbursemeHl, settlemeHl, !!ttomey f-ees or aIlY
otfler eost of any nature wkatsoever, im:~lITed by City ("Loss") as a reGHlt ef
YMCA's receipt and/or Hse of COHllffilBity DevelopmeHl Block CraHl funds
herein speeified inclHding speeifieally, Imt Het BY way of limitation, makiflg sHeh
eOHlriBHtieft '..,hieh later Becomes disqllalified for eligiBility. YMCA also agr-ees
that, IIpon teHder ef Eleferu;e by the City, or aBY of tke Indem..;1ities, at the optioB
of IBElemnities, they will joiHlly and se'/erally, def-eHd aHa Be responsiBle ffJr
defeHdiBg IHdem;1ities in aBY GHit, aetioB, administrative keariHg, or ether
proceediHg Brollgkt agaiIlSt or iH'/olviHg IBde!Hflities '.Ykiek eOHlaiB the elaim or
allegatioft 'Nhieh, if it were determiHed t8 Be true, iH whele or iH part,
IHeemn:ities weHld or might Be iBElem.;1ified HBEler the terms ef tills IBEleHlflity.
VI. YMCA'S Contribution.
Two fund drives are presently under way to provide funds for Phase I design and
construction: (i) "Imagine. . . Building Our Future" by the South Bay Family Branch YMCA
(funds generated by said fund drive are herein called "Branch Funds") and (ii) "Commitment
to Youth" by corporate directors of YMCA (fund generated by said fund drive are herein called
"Directors' Funds").
YMCA agrees to contribute from the Director's Funds $1 for every dollar paid over to
the YMCA in the form of the City Contributions, or credited to the City's Account Due YMCA
("YMCA's Contribution"). YMCA's Contribution, however, shall be paid into a separate bank
account at Union Bank, which account shall be labeled and hereinafter referred to as the South
Bay YMCA Construction Account. Funds deposited by YMCA in the South Bay YMCA
Construction Account shall be available and used only for the bona fide costs of Phase I of the
Facilities on the Property including, but not limited to, costs, charges and fees incurred for
financing, planning, designing and or constructing, including architects, engineers, contractors,
subcontractors, materialpersons, City permit and inspection fees, utility companies and others
for designing, constructing and installing grading, buildings, utilities, landscaping (including
ground cover), parking areas, paving, curbs, gutters, sidewalks, outdoor recreational facilities,
signage, appurtenances, furniture, fixtures and recreational and other equipment.
VII. Withdrawals.
[M:\shared\attorney\YMCAI2.wp - 3-14-95] 7
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After the City pays over the City Contributions to the South Bay YMCA Construction
Account, the Construction Account shall be structured such that YMCA and the City, through
the City Manager or his designee, shall be signatories for the purpose of authorizing withdrawals
from the South Bay YMCA Construction Account and such withdrawals shall be affected by
YMCA delivering to the City Manager or his designee (1) a written voucher describing the
payee, amount and purpose of the withdrawal, and (2) a check on the South Bay YMCA
Construction Account to such payee in such amount, and signed by the YMCA check signatory.
If YMCA shall have borrowed funds from any lender for the design and construction of Phase
I upon the strength of City Contributions installments to be paid after such borrowing, vouchers
may, at YMCA's option, require the payment of principal and/or interest to such lender. The
City Manager shall have the right to approve or disapprove any voucher; approval shall not be
unreasonably withheld. The City Manager shall indicate his approval within twenty (20) days
after delivery of the voucher and check.
VIII. Project Terminated Prior to Letting the Construction Contract.
In the event that the Project, for any reason is terminated prior to letting the contract for
the construction of the Facilities or any portion of them at the Property, City's duty to make any
further City Contributions thereafter shall be terminated and any City Contributions previously
paid over to the YMCA shall be returned to the City.
IX. Project Terminated After Letting Construction Contract.
If the Project is terminated after the construction contract is let for the construction of
the Facilities, or any portion of them, at the Property and all or any portion of City's
Contribution is used for the financing, design or construction of such Facilities, City's duty to
make any further City Contributions thereafter shall be terminated and YMCA shall return all
of City's Contributions within thirty (30) days after such termination.
X. YMCA's Duty to Operate.
Upon completion of construction of the Facilities, YMCA agrees and covenants to
operate the Facilities at the Property for not less than 25 years, the obligation of which shall be
binding on their successors and assigns, and which shall run with the land for the benefit of the
City.
XI. "Manner of Operation" Duties.
YMCA hereby covenants that on behalf of themselves and their successors and assigns,
which covenant is to run with the land, that the Facilities, as and if constructed, shall be
operated for 25 years from the date Phase I Facilities are placed in service in the following
minimum manner:
[M:\shared\attorney\YMCA12.wp - 3-14-95] 8
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A. Public Usage: The Aquatics Center of the Facilities and the programs thereof
shall be available to the residents of Chula Vista irrespective of race, color,
religion, sex, sexual preference, medical status, national origin, age, marital
status or physical disability; however, YMCA may decline to accept any person
whose medical status or physical disability is such as to make participation in any
such programs dangerous to such person's health or safety, which decision shall
be solely the right and responsibility of YMCA or its successor.
B. All fees and programs and hours of accessibility for the Aquatic Center and
aquatic activities conducted therein shall be promulgated by YMCA and shall be
subject to the prior written approval of the City Manager which may be exercised
in her or his sole and unfettered discretion, but which approval may be appealed
to the City Council by any person within 10 days after the decision is made, in
which case the appeal shall be heard expeditiously thereafter, and in which case
such fees, programs and accessibility shall be subject to the prior written approval
of the City Council which may be exercised in the sole and unfettered discretion
of the City Council. In no event shall City require that YMCA (i) set program
or recreation swim fees that are less than comparable to City pool programs, or
(ii) require YMCA to provide more hours of public accessibility than a
comparable City pool, or (iii) design any program and/or fees that would result
in a net operating loss for the Aquatic Center when fair and reasonable
administrative overhead, maintenance, operating and other direct and indirect
costs of operating the Aquatic Center are charged in accordance with generally
accepted accounting principles consistently applied, subject to review and
approval by the City Manager. Actions herein required to approve or to appeal
a decision shall not be unreasonably delayed, but this sentence is not intended to
affect the unfettered discretion of the approving authority. If there occurs a time
when City does not operate a comparable pool, then the comparison shall be
made to the fees, hours and programs in effect during the last twelve months
during which the City did operate a comparable pool; the fees of such previously
operated pool shall be reasonably adjusted to reflect cost inflation since the ate
such comparable pool ceased being operated by City.
C. On an annual basis YMCA, in cooperation with the Parks and Recreation
Department, will schedule joint programs such as City-wide special events, use
by competitive swim groups, Youth-at-risk activities and other recreational
activities.
D. Any applicant who can demonstrate that they are unable to afford the fees charged
shall be eligible for a "scholarship" to the extent that sufficient funds are available
for scholarships. YMCA agrees to use good faith to create a scholarship fund for
such purpose and to make them available for applicants who are unable to afford
access fees charged for the Facilities.
[M:\shared\attorneyIYMCAI2.wp - 3-14-95] 9
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XII. Right of First Refusal.
At any time after the construction and opening of the Facilities at the Property that
YMCA determines it is unable to continue with the ownership and operation of the Facilities at
the Property for the 25 year period, YMCA agrees to entertain in good faith negotiations for the
sale of the Facilities to the City and City agrees to entertain good faith negotiations for the
purchase of the Facility from YMCA with the goal being the continued operation and
maintenance of the Facilities by the City as a park facility available to members of the public.
YMCA and City shall engage in these negotiations before the YMCA makes the Facility
available for sale on the open market; and shall not consummate a sale agreement unless the City
has been given the first and prior right superior to the right of the prospective buyer (to be exer-
cised not later than 20 days after written notice) by the YMCA to refuse to consummate the
transaction on the same terms and conditions, except that the City may get credit, in the payment
of any cash in connection with the purchase price, for any and all City's Contributions and any
other contributions given by the City to the YMCA for the Facilities, including subsequent fee
waivers and other contributions. A determination by the City that they do not have the resources
with which to acquire the Facilities shall constitute a basis for impasse in negotiations.
XIII. Termination of Agreement for Deficient Contributions.
If, for any reason other than the breach of this Agreement by YMCA or failure of
YMCA to proceed with the implementation of the Project through no fault of the City, City fails
to pay at least 100 % of the City Contributions due according to the schedule set forth in Section
III but contributes at least 80% of the scheduled City Contributions, the sole remedy of YMCA
shall be (i) the automatic reduction of the term hereof to 20 years and (ii) the amount of the City
Contributions shortage shall be treated as a debt incurred by YMCA and reasonable periodic
payments thereon, including reasonable interest, shall be deemed to be a direct operating cost
of the Aquatic Center. If the City Contributions is less than 80 % of the scheduled amount, then,
in addition to the remedies set forth in clauses (i) and (ii) above, the parties shall negotiate in
good faith an amendment to this Agreement in order to equitably compensate YMCA for the
latter shortage. If, within 90 days after the date City so fails to contribute 80% of the scheduled
amount, the parties have not executed and delivered said amendment, this Agreement shall
automatically terminate except for the following covenants of YMCA: (i) the indemnity set forth
in Section V.F., (ii) the covenant set forth in Section X to operate the Facilities and Property
(for a term of 20 years rather than 25) and (iii) the covenant set forth in Section XI.A.
concerning public usage. YMCA shall not be obligated to repay the portion, if any, of City
Contributions theretofore paid to YMCA.
XIV. Notices.
Any notice or other document required or permitted to be given hereunder shall be in
writing and may be delivered personally or by deposit in the United States mail, postage prepaid,
addressed as follows:
[M:\shared\attorneyWMCAI2.wp - 3-14-95] 10
~_5/l ~/j
To YMCA:
President of YMCA of San Diego County
4715 Viewridge Avenue, Suite 100
San Diego, CA 92133
To City:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Notices and other documents deposited in the United States mail shall be deemed
delivered 48 hours following such deposit.
Any party entitled or required to receive notice under this Agreement may by like notice
designate a different address to which notices shall be sent.
XV. General Provisions.
A. Approvals. Approvals herein required shall be in addition to approvals or permits
required by the ordinances of City. If a dispute arises between City and YMCA
with respect to approval or disapproval of any matter, the dispute shall be
resolved by, and under the rules of commercial arbitration of, the American
Arbitration Association of San Diego, California.
B. No Partnership.Etc. Nothing herein contained shall be construed to create a
partnership or joint venture between City and YMCA with respect to the South
Bay YMCA or any part thereof, nor shall City have any liability or obligation to
any person whatsoever except its obligations to YMCA specifically set forth
herein.
C. Prompt Performance. Time is the essence of each covenant and condition set
forth in this Agreement.
D. Gender. Number. Whenever the context requires, the use herein of (i) the neuter
gender includes the masculine and the feminine gender and (ii) the singular
number includes the plural number.
E. Business Davs. If the last day for performance of an act falls upon a Saturday,
Sunday or legal holiday, such last day will be the next following regular business
day.
[M:\shared\attomey\YMCAI2.wp - 3-14-95] 11
If/J-/;<
F. CaPtions. Captions in this Agreement are inserted for convenience of reference
only and do not affect the construction or interpretation of this Agreement.
G. Entire Agreement. This Agreement contain(s) the entire agreement between the
parties relating to the transactions contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statement, oral
or written, are merged into and superseded by this Agreement.
H. Modification. No modifications, waiver or discharge of this Agreement shall be
valid unless it is in writing and signed by the party against which the enforcement
of the modification, waiver or discharge is or may be ought.
1. Invaliditv. If any material covenant, condition or provision of this Agreement is
held to be invalid, void or unenforceable by a final order or judgment of a court
of competent jurisdiction, the remainder of this Agreement shall be enforceable.
J. Attornevs Fees. Court Costs. If either party or any resident of Chula Vista
commences an action to (i) rescind or reform this Agreement, (ii) specifically
perform this Agreement, or (iii) seek damages for the breach hereof, the
prevailing party shall be entitled to reasonable attorneys' fees and court costs.
K. Counterparts. This Agreement may be executed in any number of counterparts,
all of which together shall constitute one instrument.
L. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
[END OF DOCUMENT. NEXT PAGE IS SIGNATURE PAGE]
[M:lsharedlattorneyIYMCA12.wp - 3-14-95] 12
/;413
SIGNATURE PAGE
This Agreement has been signed at Chula Vista, California, as of the date set forth at the
beginning of this Agreement.
CITY OF CHULA VISTA
YOUNG MENS CHRISTIAN
ASSOCIATION OF SAN DIEGO
COUNTY
Mayor of the City of Chula
Vista
Attest
City Clerk
Approved as to form by
Approved as to form by:
City Attorney
Alan Perry, Attorney for YMCA
Exhibit A: Contribution Raising Strategy.
[M:\shared\attomeyWMCAI2.wp - 3-14-95] 13
.l5/? -;/1
RESOLUTION NO. J !55tf 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE AGREEMENT FOR MATCHING PLEDGE
CONTRIBUTION TO THE YMCA AQUATIC FACILITY
WHEREAS, on March 5, 1995 the City approved an agreement with the YMCA
which obligated the City to make a contribution of $250,000 from City CDBG funds to help fund
the development of a YMCA aquatic facility; and
WHEREAS, in order to facilitate the development of the Eastern Aquatic facility
(PR188) it is necessary to substitute CDBG funds already appropriated for this facility with RCT
monies from the drainage improvement project at "G" and Second Avenue West of Del Mar
(DR908); and
WHEREAS, in order to effectuate the project substitution of funds is necessary to
amend the existing agreement between the City and the YMCA; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determined, and resolve that the agreement for matching pledge
contribution to the YMCA Aquatic facility be amended and approved.
Presented by
Approved as to form by
George Krempl
Deputy City Manager
r~ YV\AV\.-.i I.....'h
John M. Kaheny ~
City Attorney
[(JA:ah) M:\HOME\CQMMDEV\RESOS\ymca {January 17,1997 (2:53pm)]
/5jJ~ /
EXHIBIT E
FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND YMCA of SAN DIEGO COUNTY
FOR MATCHING PLEDGE CONTRIBUTION
TO YMCA AQUATIC FACILITY
This First Amendment is entered into this day of ,
199 , by and between the city of Chula vista ("city") and YMCA of
San-Diego County (formerly known as the Young Men's Christian
Association of San Diego County) a California non-profit public
benefit corporation ("YMCA").
RECITALS
WHEREAS, the city and YMCA entered into an agreement, dated
March 5, 1995, to assist YMCA in the construction of a new aquatic
facility in Ranch del Rey ("Agreement"); and
WHEREAS, in accordance with the terms of this Agreement, the
City had committed a certain amount of CDBG funds to help finance
the construction of the aquatic facility; and
WHEREAS, there is now a mutual desire by the City and YMCA to
amend the Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be
derived therefrom, CITY and YMCA agree to the following amendments
to the Agreement:
A. RECITAL I(B) shall be amended to read as follows:
Phase 1: 28,287 square feet of facilities including
lap/recreational pool, teaching pool, pool
equipment room, locker/shower facilities, community
room, multi-purpose/aerobics room, cross-training &
cardiovascular fitness center, children's discovery
center, administration area, youth soccer arena and
outdoor recreational facilities, at an estimated
cost, not including land acquisition cost, of
$2,484 million.
Phase II: 21,125 square feet of facilities including a
therapy pool, interactive pool, gymnasium, expanded
aerobics center, additional locker space,
additional multi-purpose space and community space,
expanded cross-training and cardiovascular center
and such additional landscaping, parking area and
outdoor recreation facilities at an estimated cost
of $2.415 million.
The costs estimated above do not
costs, (ii) furniture, fixtures
municipal development permit fees.
include (i) fund raising
and equipment or (iii)
l5)J 'c2-
B. Paragraph III of the Agreement shall be amended to read as
follows:
Subject to specified conditions hereinbelow set forth
("Conditions to city's Contributions"), the City agrees to
contribute the following amounts ("City's Contributions") from the
designated funding sources not later than the designated times and
subject to condition "G" below:
A.
Not later than June 30, 1995, $20,000 of PAD fees
previously authorized.
Not later than June 30, 1995, $50,000 of RCT funds
previously authorized.
B.
C. Not later than June 30, 1997, $150,000 of RCT funds
reappropriated from CDBG funds.
D. Not later than June 30, 1997, $60,000 of RCT funds
previously authorized.
E. Not later than June 30, 1998, $60,000 of RCT funds and
$50,000 from some other source designated by city.
F. Not later than June 30, 1999, $60,000 of RCT funds and
$50,000 from some other source designated by City.
G. The City reserves the right to rollover all or part of
city contributions due by June 30, 1998 or June 30, 1999
to June 30, 2000, if the use of CDBG monies results in a
cost increase for CIP project DR-90S, Drainage
Improvements, "G" street, 2nd Avenue/Del Mar.
C. Paragraph IV of the Agreement shall be amended by deleting
only those certain subparagraphs identified as (A) (1) and (B) (2),
with all other remaining subparagraphs remaining in full force and
affect.
D. Paragraph V of the Agreement shall be amended to read as
follows:
A. YMCA agrees to use City contributions only for the
. purposes of paying for legitimately and
reasonably incurred Phase I Project Costs,
which unless otherwise constrained by law or
this agreement, may include the funding,
financing (including debt service) design
and/or construction of Phase I the Facilities,
or any portion of them.
B. YMCA agrees to indemnify City, its elected and appointed
officers and employees ("Indemnitees"), against any loss,
damage, judgment, order, liability, expense, expenditure,
/~[J ~ .3
payment, reimbursement, settlement, attorney fees or any
other cost of any nature whatsoever incurred by City
("Loss") as a result of YMCA's receipt and/or use of
funds herein specified including specifically, but not by
way of limitation, making such contribution which later
becomes disqualified for eligibility. YMCA also agrees
that, upon tender of defense by the City, or any of the
Indemnitees, at the option of Indemnitees, they will
jointly and severally, defend and be responsible for
defending Indemnitees in any suit, action, administrative
hearing, or other proceeding brought against or involving
Indemnitees which contain the claim or allegation which,
if it were determined to be true, in whole or in part,
Indemnitees would or might be indemnified under the terms
of this Indemnity.
E. Exhibit "A" of the Agreement shall be amended by deleting
the original Exhibit "A" and substituting a new Exhibit "A" in its
place and stead, as is attached hereto.
F. Except as set forth herein, each and every provision of
the Agreement shall remain in full force and effect.
G. Each person signing this First Amendment on behalf of the
parties represents and warrants that he or she is authorized to so
execute and enter into a binding agreement and deliver this First
Amendment on their behalf.
IN WITNESS WHEREOF, the undersigned have executed this Second
Amendment on the date shown below.
YMCA
DATE:
By:
Title
CITY OF CHULA VISTA
DATE:
By:
shirley Horton, Mayor
Approved as to form:
John M. Kaheny, City Attorney
By:
Ann Moore
Assistant city Attorney
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Gifts Required to Raise $3,750,000
Number Will Cumulative %of
of Gifts In the Range of Produce Production Goal
1 - 2 @ $ 500,000 and Above = $ 1,000,000 $ 1,000,000 27%
2 @ 250,000 - 499,999 = 500,000 1,500,000 40%
5 @ 100,000 - 249,999 = 500,000 2,000,000 53%
10 @ 50,000 - 99,999 = 500,000 2,500,000 67%
18 @ 25,000 - 49,999 = 450,000 2,950,000 79%
35 @ 10,000 - 24,999 = 350,000 3,300,000 88%
50 @ 5,000 - 9,999 = 250,000 3,550,000 95%
l00s @ Under 5,000 = 200,000 3,750,000 100%
- Gift Payment Information -
. Payment may be made over a period of Jll21Q.s.:wu:s.
. Payment may be made via:
Cash, .andLm
Real estate
Appreciated securities (including mutual funds)
Paid-up life insurance
Other planned gift arrangements
. Gifts are tax deductible to the full extent of federal and state laws.
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
/~
01128/97
ITEM TITLE:
SUBMITTED BY:
Report: Approving Enhancement of East "H" Street Landscape
Di"ct,,, of PM"'. ""'''''1\' Gpo< Sj=,iZ<
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REVIEWED BY:
JM Development Company, the developers for Rancho La Cuesta (formerly Salt Creek Ranch), propose
to enhance the landscaping of slopes, medians and parkways along East "H", in the EastLake
Maintenance District #1 "Zone D" Open Space assessment area. The proposal includes the planting of
195 box schinus molles (california pepper) trees along the slopes, parkways and medians. At the
December 17, 1996 meeting, Council directed staff to bring back a report with alternative tree species.
STAFF RECOMMENDATION: That Council approve JM Development's original request to enhance
the landscape with California Pepper trees along East "H" street in the EastLake Maintenance District-
Zone "D," subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: At the Council meeting of December 17, 1996, the Department was directed to bring
back a report which will provide Council with the options to select an alternative tree to the "California
Pepper" proposed in the original report. The developer's landscape architect has prepared the following
information which includes the reasons for the selection of the "California Pepper" and possible
alternative tree species for the East "H" Street enhancement project.
Background
Approximately six years ago, the section of East "H" Street from the future SR-125 alignment to San
Miguel Road, was constructed and landscaped by the Baldwin Company; the developer of the adjacent
properties at that time. The plant material palette for this section of "H" Street included the following
tree species:
Platanus acerifolia - London Plane Tree
Schinus molle - California Pepper Tree
Geijera parviflora - Australian Willow
Eucalyptus species - Eucalyptus
[NETWORK - me - Al13 - EAsrH.A13 - January 23, 1997]
1
)t- /
Item:
Meeting Date: 01/28/97
Last fall, Burton Associates was retained by JM Development Company to evaluate the existing landscape
for the area, for the "H" Street entrance into the master planned community of Rancho La Cuesta. Since
this street will be the main entrance to the subdivision, JM wanted to ensure the landscaping was visually
pleasing to potential home buyers. The architect's evaluation found the plant material to be in poor
condition. Many of the trees had died; particularly the Platanus and the Eucalyptus. The trees which
were performing the best were the Geijera parviflora and the Schinus molle. The two healthy trees were
the California Pepper and the Willow. Upon further investigation they found that the horticultural
suitability of the soil was very low, and that the irrigation system had been turned off in this area for
several years. It should be noted that despite the lack of water, the soil in this area is poor. The lack
of water magnifies the problem of poor soil quality. The soil can improve through proper watering
schedules and soil amendments.
From a historical perspective, the Schinus molle (California Pepper) has played an important part in the
landscape of Chula Vista and the larger South Bay region of San Diego County. This species once lined
and shaded major streets, in what became downtown Chula Vista, and were only removed when those
streets were widened to a more urban setting.
The California Pepper is also a common sight along Otay Lakes Road and Telegraph Canyon Roads.
While not a native tree to the region, the Pepper has naturalized in this area and has become an integral
part of our landscape ecosystem.
Alternatives
In the process of the selection of the California Pepper as one of the major theme trees of Rancho La
Cuesta, alternatives were considered. As mentioned earlier, the Willow Tree is performing well in the
area; however, it is considered a small tree and does not have the stature or density to provide a full
streetscape. Eucalyptus Trees were considered for "H" Street too. This Tree Species will be a major
component of the landscape of Rancho La Cuesta; however, most species do not have the scale of the
Pepper.
The following information regarding characteristics of the trees considered suitable for the Rancho La
Cuesta is provided for Council's consideration:
TREE SPECIES
1. Schinus molle, California Pepper (photo attached)
Description of Tree:
evergreen, graceful weeping tree with strong branching structure
existing along East "H" street
existing within the Salt Creek, Otay Ranch, East Lake and other adjacent communities
moderate to fast growth to 25' - 40' tall wide
[NE1WORK me - Al13 - EASTH.AI3 - January 23, 1997]
2
/t--..2
Item:
Meeting Date: 01/28/97
Advantages of Tree:
very drought tolerant
tolerates poor soil conditions and poor drainage
fine leaf structure, leaf drop all year, leaves decompose in shrub areas quickly
Disadvantage of Tree:
evasive roots if not controlled
2. Rhus Lancea, African Sumac (photo attached)
Description of Tree:
evergreen canopy tree with weeping branches
slow growing to 25'
Advantages of Tree:
not existing within Salt Creek Ranch area
very drought resistant
Disadvantage of Tree:
suckers continuously appear at the base of the trunk and along roots
3. Geijera parviflora, Australian Willow (photo attached)
Description of Tree:
evergreen, graceful fine texture tree
existing along East "J" Street
growth to 25'-30' high and 20' wide
Advantages of Tree:
dull green foliage, similar to a Eucalyptus
needs pruning only to correct form
drought tolerant
Disadvantages of Tree:
damaged by freezes
requires good drainage
[NETWORK - me - AI13 - EASTH.A13 - January 23,1997]
3
/i-;J
Item:
Meeting Date: 01128/97
may not be available in large quantities
4. Prosopic alba, Argentine mesquite (photo attached)
Description of Tree:
almost always evergreen, with dense canopy of blue-green leaves
not existing with the Salt Creek Ranch area
fast growing to 30'
Advantages of Tree:
sheds small leaves all year, decomposes in shrub areas
tolerates extremely poor soil conditions
drought tolerant
Disadvantage of Tree:
may not be available in large quantities
CONCLUSION
The use of Schinus molle (California Pepper) is one of the major theme trees of Rancho La Cuesta and
is a most important part of the overall landscape master planning for this new community. The use of
this material has been unanimously supported by the city staff in the Parks, Recreation and Open Space
Department; the Planning Department, and the communities within this area of "H" Street including
Estancia, Cabo and Chapalla.
Working with City Staff, the architect has designed the planting space for these trees to develop normally,
without the need for future extensive maintenance measures. Given the agenda of low water use and
reduced maintenance trees, the California Pepper's choice in plant materials is responsive, while providing
the community with shaded sidewalks and parkways and referencing the history of this important area
of Chula Vista.
The Department recommends approval of the California Pepper with the following conditions attached:
1. The new planting will require additional irrigation, and this should be the responsibility of JM
Development to pay all costs during the establishment period of two years. The water
requirements for the new plantings will be calculated by the project architect for reimbursement
purposes.
2. The developer will be responsible to replace any plantings that fail to survive during the two year
establishment period.
[NETWORK - me - AlI3 - EASTH.A13 - January 23, 1997]
4
) t r 'f'
Item:
Meeting Date: 01128/97
3. The tree planting will meet the Public Work Department's standards for planting of trees on
median, parkway, and slopes adjacent to sidewalk to minimize impact to vehicular and pedestrian
traffic.
FISCAL IMPACT: The costs associated with enhancing and maintaining the landscape of the medians,
parkways and slopes along East "H" will be the responsibility of the developer during the two year
maintenance establishment period. When the City takes over the enhanced landscaping, there may be a
minor financial impact for the long term maintenance of the trees. Most of the trees are not situated in
a landscaped area which is a hazard to public safety, or threaten public property, and thus, will not need
extensive trimming. Staff believes any additional costs to the assessment district will be insignificant and,
in all likelihood, absorbed in the maintenance contract. In addition, the new trees will be well-established
after the two year maintenance period, and able to utilize existing irrigation.
Attachments: Photos of tree species
[NETWORK me - A1l3 - EASTH.A13 - January 23, 1997]
5
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Landscape
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Enhancement
Salt Creek Ranch
Chula Vista, California
pac~zbay
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HOMES
TEl: (619) 794-1204
FAX; (619) 794-1201
. 12760 HIGH BLUFF ORIVE SUITE 120 .
SAN 0 lEG 0 , CALI FOR N I A 92130
W M. S. BUR TON
R L A 2 1 3 5
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BURTON
ASSOCIATES
lANDSCAPE ARCHITECTURE AND PLANNING
96.019
EAST H STREET
LANDSCAPE ARCHITECTURE REPORT
15 Jan 97
BACKGROUND
Approximately six years ago the section of East H Street from the future SR-125 to San Miguel
Road was constructed and landscaped by The Baldwin Company, the developer of the adjacent
properties at that time. The plant material palette for this section of H Street included the
following tree species:
. Platanus acerifolia - london Plane Tree
· Schinus molle - California Pepper Tree
· Geijera parviflora - Australian Willow
· Eucalyptus species - Eucalyptus
last fall, Burton Associates was asked by Pacific Bay Homes to take a look at this existing
landscape for this area, as it would set the tone for one of the main entrances into the master
planned community of Salt Creek Ranch. We found the landscape to be in very poor condition.
Many of the trees had died; particularly the Platanus and the Eucalyptus. Those trees which were
performing the best were the Geijera parviflora and the Schinus molle. Upon further evaluation we
found that the horticultural suitability of the soil was very low and that the water had been turned
off in this area for several years. Given those stresses, we were impressed that the Pepper and
the Australian Willow had faired as well as they did, In particular, the California Peppers looked full
and healthy.
CONTEXT
From a historical perspective, the Schinus Molle, California Pepper, has played an important part in
the landscape of Chula Vista and the larger South Bay region of San Diego County. This species
once lined and shaded major streets, in what became downtown Chula Vista and were only removed
when these streets were widened to a more urban setting.
The California Pepper is also a common site, along with Oaks, Sycamores and Tamarix in the
arroyos of the Otay Ranch area and along Otay lakes and Telegraph Canyon Roads. While not a
native, the Pepper has naturalized in this region of California and is an integral part of the landscape
ecosystem, adapting to the seasonal rainfall and alkaline soils.
In the process of considering the landscape character of large master planned communities such as
Salt Creek Ranch it is most important that the landscape of the region play an important role. The
inclusion of plant species which give opportunity for recollection of the history of a place is vital to
the seamless integration of a new development with an existing community.
TEL: (619) 79 4.1204
FAX: (619) 79 4 -120 1
11760 HIGH BLUFF DRIVE SUITE 110 .
· SAN DIEGO, CALIFORNIA 91130
W M, S
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ALTERNATIVES
In the process of the selection of the California Pepper as one of the major theme trees of Salt
Creek Ranch, alternatives were considered. As mentioned earlier, the Geijera parviflora is
performing well in the area, however, it is considered a small tree and does not have the stature or
density to provide a full streetscape. Eucalyptus was considered, and will be a major component of
the landscape of Salt Creek Ranch, however, most species do not have the pedestrian scale of the
Pepper.
Rhus lancea, African Sumac, was also considered and has many positive qualities, however, it's
foliage color is a dull green, it tends to be a rangy and does not have any context in the region.
There was also an availability problem with this species. The enclosed Exhibit 'A', will provide more
information on the individual trees
CONCLUSION
The use of Schinus molle, California Pepper as one of the major theme trees of Salt Creek Ranch is
a most important part of the overall landscape master planning for this new community. The use
of this material has been unanimously supported by the City of Chula Vista Departments of Parks,
Planning and Open Space and the communities within this area of H Street including Estancia, Cabo
and Chapalla.
Working with City Staff, we have confirmed that we are allowing adequate space for these trees
to develop normally without the need for extreme maintenance measures. Given our agenda of low
water use and reduced maintenance this choice in plant materials is responsible, providing the
community with shaded sidewalks and parkways while referencing the history of this important
area of San Diego County.
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ASSOCIATES
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LANDSCAPE ARCHITECTURE AND PLANNING
15 Jan 97
96.019
EAST H STREET
LANDSCAPE ARCHITECTURE REPORT
EXHIBIT A
,
1. Schinus molle, California Pepper (See enclosed photo)
-Evergreen, graceful weeping tree with strong branching structure.
-Existing along East 'H' Street.
-Existi ., st Lake and other adjacent communities.
. _ 0 erates poor soil conditions and poor drainage.
_ 0 erate 0 as gro 0 e, (Ultimate size is based on maintenance)
-Evasive roots if not controlled.
-Very drought tolerant.
-Fine leaf structure, leaf drop all year. Leaves decompose in shrub areas quickly.
2. Rhus Lancea, African Sumac (See enclosed photo)
-Evergreen canopy tree with weeping branches
-Not existing within the Salt Creek Ranch area.
-Slow growing to 25'
-Suckers continuously appear at the base of the trunk and along roots.
-Very drought tolerant.
3. Geijera parviflora, Australian Willow (See enclosed photo)
-Evergreen, graceful fine texture tree.
-Existing a long Ea st 'H' Street.
-Growth to 25'-30' high and 20' wide.
-Dull green foliage, similar to a Eucalyptus.
-Needs pruning only to correct form.
-Da maged by freezes.
-Requires good drainage.
-Drought tolerant.
-May not be available in large quantities.
4. Prosopis alba, Argentine mesquite (See enclosed photo)
-Almost always evergreen, with dense canopy of blue-green leaves.
-Not existing within the Salt Creek Ranch area.
-Fast growing to 30'.
-Sheds small leaves all year, decompose in shrub areas.
-Tolerate extremely poor soil conditions.
-Drought tolerant.
-May not be available in large quantities.
TEL: (619}194-1204
FAX: (Ii \ 9) 19 4. J 2 0 1
12160 HIGH BLUff DRIVE SUITE 120
. SAN DIEGO, CAliFORNIA 92130 ·
W M. S. BUR TON
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MESQUITE
COUNCIL AGENDA STATEMENT
Item /7
Meeting Date 1/28/97
ITEM TITLE:
Report on adding either Orange A venue or Hilltop Drive to the list of
approved truck routes.
Director of Public workb.IJT~
Ci~ Manager,J~ ~ i~~
Mr. Donald Oliver operates a service station at 1500 Hilltop Drive that sells diesel fuel which
attracts large trucks. The trucks use Hilltop Drive and Orange A venue to access the station.
Neither of these streets are designated truck routes and, therefore, trucks which go to the site only
to obtain fuel are in violation of Chapter 10.64 of the Chula Vista Municipal Code (CYMC) and
subject to citation. Mr. Oliver has requested that the Ci~ designate either Hilltop Drive or
Orange Avenue as a truck route for two years.
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes_ No-XJ
Council Referral #3038
RECOMMENDATION: That the City Council not direct staff to proceed with an ordinance
designating either Orange Avenue or Hilltop Drive as a truck route.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Mr. Donald Oliver is the operator of a service station at the northeast corner of Hilltop Drive and
Orange Avenue. The business in question serves large diesel trucks and is known as The Diesel
Pump. Neighbors on Hilltop Drive have been complaining about the use of the street by these
large trucks as well as the trucks backing up onto both Hilltop Drive and Orange A venue waiting
to enter the site. Neither route is designated as a truck route. Recent posting of 5 ton limit signs
on Hilltop Drive and Orange A venue, in keeping with the lack of truck route designation, along
with increased enforcement by the police, have caused the owner of The Diesel Pump to lose
business. Mr. Oliver has indicated that a number of companies that do business with him will
discontinue doing so if the police don't stop issuing tickets. He indicated that 65 % of his business
is with trucks over 5 tons. Attached as Exhibit "A" is a letter from Mr. Oliver.
Mr. Oliver has requested that the Ci~ designate either Orange Avenue or Hilltop Drive as a truck
route for a period of two years (to December 31, 1998) and then he would totally stop his
business. In his letter dated December 18,1996, he indicated that he felt many of the neighbor's
concerns were not due to his business, but were related to the nearby meat packing plant,
especially complaints about night time activities since his business hours are from 8:00 am to 8:00
pm. In addition, Mr. Oliver indicated that he was told in 1986, when he started business, that
both Orange Avenue and Hilltop Drive were truck routes. He did not indicate who told him.
Staff has researched Ci~ records from the last time the Ordinance was revised on March 14, 1995
back to June 1, 1936. During that time period Orange Avenue was never designated a truck route
/7~/
Page 2, Item
Meeting Date 1/28/97
and Hilltop Drive from "L" Street to Main Street was only designated a truck route for a short
period of time from January 14, 1975 to April15, 1975.
The fIrst Ordinance that addressed truck routes, Ordinance 252, was adopted on June 1, 1936 and
was subsequently amended by Ordinances 958, 973, 1589, 1605, 1620, 1966,2482, and 2670.
Ordinance 2670 is codifIed in Chapter 10.64 of the current CVMC. A copy of Chapter 10.64 is
attached as Exhibit "B".
ORDINANCE PROVISIONS
Sections 35700 (a) and, 35701 of the California Vehicle Code (CVC) allow cities to prohibit the
use of a street by any commercial vehicle or any vehicle exceeding a maximum gross weight limit
except for vehicles used for the collection and transportation of solid waste, buses, fIre vehicles,
and public utility vehicles.
Chapter 10.64 of the CVMC currently establishes truck routes and also indicates that it is
unlawful to operate a vehicle weighing in excess of ten thousand pounds except upon a designated
truck route. Section 10.64.010 requires that signs be installed along the designated truck routes
and at each vehicle point of entry into Chula Vista restricting vehicles in excess of ten thousand
pounds to designated truck routes. Staff had weight limit signs installed on Hilltop Drive and
Orange A venue recently due to the complaints about the effects of trucks illegally using Hilltop
Drive to access the station. Once this was done the police began enforcement resulting in a
number of citations and an adverse impact to the business operated by Mr. Oliver.
Section 10.64.020 does provide exemptions for trucks which are making pickups or deliveries of
goods, wares and merchandise from or to any building or structures located on a restricted street,
or for the purpose of delivering materials to be used in the actual construction of any building or
structure upon the restricted street for which a building permit has previously been obtained.
Trucks traveling to The Diesel Pump do not qualify under the provisions of this section for an
exemption.
STREETS CONSIDERED FOR ADDITION TO THE TRUCK ROUTE SYSTEM
Two streets have been considered for inclusion as truck routes to solve Mr. Oliver's concern.
They are Orange Avenue from 1-805 to Third Avenue and Hilltop Drive from "L" Street to Main
Street. "L" Street is the fIrst east-west truck route north of Main Street. Each of these segments
connect to an existing designated truck route. Following is a general description of each street.
Orange Avenue: The segment of Orange Avenue from 1-805 to Third Avenue is designated on
the Circulation Element of the General Plan as a Four Lane Major Roadway. It is also a
designated bicycle route. The roadway is currently four lanes wide with either raised medians or
a two way left turn lane in the center of the roadway. Much of the length is striped for a bicycle
lane. The area is predominately residential with the majority of the residences taking access from
local streets. Some businesses are located on this segment at major intersections.
Hilltop Drive: Hilltop Drive from "L" Street to Main Street is designated on the Circulation
Element of the General Plan as a Class I Collector. Between "L" Street and Emerson St. the
/7---'}-'
Page 3, Item
Meeting Date 1/28/97
roadway is only two lanes wide, one lane in each direction. Between Emerson St. and Palomar
Street the roadway consists of one lane in each direction with a two way turn lane in the center.
From Palomar St. south to Main St. the roadway contains four lanes and no medians. The street
serves commercial/ industrial businesses at the intersections with Orange A venue and Main Street.
The majority of this segment between Main Street and "L" Street serves residential properties
which take access directly from Hilltop Drive.
CONSIDERATIONS IN DESIGNATING TRUCK ROUTES
In designating a street as a truck route staff generally considers the impact such a route will have
on the community. The factors looked at include:
1. The route must connect to another truck route or to a highway/freeway.
2. The route should be through primarily an industrial or commercial area.
3. The street should be wide enough to accommodate the larger trucks.
4. The street should be designed to accommodate heavier loads carried by vehicles over
10,000 pounds.
5. Noise impacts to area must be considered.
6. The character of the street should not be significantly changed.
ANALYSIS OF EACH SEGMENT
Hilltop Drive from Main Street to Orange Avenue is primarily residential in nature and
designating this segment of the roadway as a truck route would change the character of the area
and increase noise. In addition, the segment would not connect to another designated truck route
unless Orange A venue is also added to the truck route system or the route is extended northerly
to "L" Street. The segment between Orange Avenue and Main Street is wide enough to
accommodate trucks, but Class I Collectors are not designed to accommodate large numbers of
heavy trucks. North of Palomar Street the road narrows to one lane in each direction as indicated
and is inappropriate for a truck route.
Orange Avenue from 1-805 to Third Avenue is also primarily residential in nature. Designating
this segment as a truck route would change the character of the street, but to a lesser extent than
Hilltop Drive, because most (but not all) of the residential units do not take access off of Orange
A venue and the street is wider. Increased noise would result from additional trucks using the
roadway. Four Lane Major Streets are designed to carry a higher percentage of trucks than are
Class I Collectors. This segment would provide a link between existing truck routes on Third
Avenue and the 1-805 freeway.
SITE HISTORY
Mr. Oliver's property was annexed into the City in 1986 as part of the Montgomery Annexation.
At that time the site was a service station and that use was grandfathered with the annexation. The
market began operating about two years later along with the sale of diesel fuel. Research of City
records show no permits have been issued for this site since annexation. No County records were
provided to the City for this parcel.
/7""3
Page 4, Item
Meeting Date 1/28/97
NEIGHBORHOOD CONCERNS
Residents on Hilltop Drive have voiced concerns over trucks using Hilltop Drive to access the
diesel fuel available at 1500 Hilltop Drive (The Diesel Pump). They have complained that trucks
end up waiting on Hilltop Drive to access the fuel pumps when there are already trucks being
fueled at the site (Exhibit "C"). They have indicated that this also occurs on Orange Avenue and
is disruptive to the flow of traffic on both streets. The Elementary School District has voiced
concern over designating Orange A venue as a truck route because Loma Verde Elementary School
is adjacent to the roadway. While not specifically mentioned by the School District, staff would
have the same concerns over the schools adjacent to Hilltop Drive. At the January 21st Council
meeting the neighborhood presented a petition against the truck route. The petition is attached
as Exhibit F.
ENVIRONMENTAL REVIEW
At the Council Meeting of January 7, 1997, Mr. Oliver requested that Council direct staff to
prepare an Ordinance including either Hilltop Drive or Orange Avenue as a truck route with this
report. In reviewing this project with the City's Environmental Review Coordinator it was
determined that denial of the request for a truck route is categorically exempt under Section 15270
of the California Envirnmental Quality Act. However, the action of amending the code to add a
route as a truck route would not be exempt under CEQA and an initial study process would have
to be completed. Consequently staff could not present the ordinance for Council's consideration
tonight. If Council wishes to proceed, the request to add the Truck route should be referred to
staff for preparation of the appropriate technical reports, including traffic and noise studies. Any
environmental impacts determined through the initial study will either have to be mitigated
through a mitigated negative declaration or the mitigation found infeasible and over riding
considerations adopted through a full EIR.
POLICE ENFORCEMENT
The Police Department has been enforcing the truck route provisions of the CVMC consistently
for the last year since establishing an enforcement unit. Prior to that time, enforcement was
sporadic. Most recently, after the City placed weight limitation signs, the citations were issued
under Section 35655 (a) of the CVC. Previous citations were issued under Section 10.64.040 of
the CVMC. Fines under the CVMC are significantly less than those allowed under Section 35655
(a) of the CVC which designates the fines to be in accordance with the schedule of fines set forth
in Section 42030. The increase in fine amount appears to be effective in reducing use of Orange
Avenue and Hilltop Drive by large tucks near 1500 Hilltop Drive.
On a related item, Mr. Oliver's consultants have suggested that under California Vehicle Code
Section 35401.5 one of his customers could apply for an exception to the truck route restrictions
in order to obtain access for fuel. Copies of the pertinent sections of the Vehicle Code are
attached as Exhibit "G". Section 35401.5 of the Vehicle Code basically states that a combination
of vehicles which is longer than otherwise permitted may legally operate on the National System
of Interstate and Defense Highways or other specifically approved highways. It provides that
combinations of vehicles so operated may also use other highways not specified which provide
reasonable access to terminals and facilities for purposes limited to fuel, food, lodging and repair
when that operation is consistent with the safe operation of the combination of vehicles and the
J7~1
Page 5, Item
Meeting Date 1/28/97
facility is within one road mile of identified ingress and egress to or from the specified highways.
It also provides that local agencies, after establishing a process whereby such access may be
applied for and that the local agency may only deny such a request for access only on the basis
of safety and an engineering analysis of the proposed route. Further, if a local agency has not
acted upon such a request within 90 days such route shall be deemed automatically approved.
Once such a route is opened, it is deemed open for access by other vehicles of the same type
regardless of ownership. It appears that this statuatory provision is silent as to any environmental
review that may be required by CEQA.
Since the City has not had the necessity to designate such routes in the past we currently have no
proceedures in place and are currently looking into the legal aspects with the City Attorney's
office. We have had no formal application at this point in time.
NOTICE
All parties that have requested notice of this item or who have provided written comments on this
matter have been notified of this meeting.
CONCLUSIONS
Neither Hilltop Drive between Main Street and "L" Street nor Orange Avenue between Third
Avenue and 1-805 should be designated as truck routes because doing so would have significant
adverse impacts to the adjacent neighborhoods and residences and potentially could result in
reduced pavement life as a result of increased heavy truck traffic.
If Council elects to designate one of the two routes requested by Mr. Oliver, staff would
recommend Orange A venue as the street which will be impacted the least.
FISCAL IMPACT: None if the staff recommendation is approved. Ifstaff is directed to proceed
with an ordinance designating one of the streets as a truck route the cost of the EIR could be as
high as $50,000. There are no funds budgeted for this work and either a budget item would have
to be provided or the applicant would have to agree to cover the costs.
Attachments:
Exhibit" A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "0"
Letter from Mr. Don Oliver, dated December 18,1996
Copy of Chapter 10.64 of the Chula Vista Municipal Code and plat of existing truck routes.N..r S~,fIllNtflJ
Letter from the Ulysses F. Gonzales dated October 15,1996 ",..r St""''''4.
Letter from Mike and Jerry Kelley-no date 'I
Letter from Chula Vista Elementary School District dated January 21, 1997 ,I
Petition from residents 6'
California Vehide Code Sections
"
File CY -002
M:\HOMEIENGINEERIAGENDA IHILLa13b. W AU
) 7/:5
Ex r-\ \ f;>IT \A /1
~J?
Don Oliver
The Diesel Pump
1500 Hilltop Drive
Chula Vista, CA 91911
December 18, 1996
Clifford Swanson, Deputy Director
Department of Public Works
City of Chula Vista
707 F Street
Chula 'Vista, C.A. 91911
Dear Mr. Swanson:
I am the owner of The Diesel Pump located on the comer of Hilltop Drive and
Orange Avenue in the City of Chula Vista. When I started the business in June of
1986, I was told that both Hilltop and Orange were truck routes. Recently, the
City posted signs on both these streets indicating that they were not designated
truck routes. Soon after the posting, the Police Department began issuing tickets
to trucks using these roads. Approximately 95% of my business is with trucks
weighing over 5 tons. If the existing situation continues, the City will put me out
of business.
I realize that the neighbors have made numerous complaints regarding the truck
traffic in their residential neighborhood. I believe the cause of many of their
complaints is not due to my business. I am open only between 8:00 am - 8:00 pm,
and many of their complaints are about night time activities. If you investigate
the situation you would find that a number of the problems are related to the
nearby meat packing plant.
I would like to offer a compromise solution to the existing situation. If eiilier
Hilltop or Orange were to be designated as a truck route temporary for two years
(until December 31, 1998), I would totally stop the business at the end of that
time period. Your Department could select which road to temporarily designate
a truck route. I would continue to operate the same hours, thus not impacting
the nearby residences during the evening. In addition, I would be willing to give
handouts (developed by your office) to the truckers regarding appropriate
behavior in the neighborhood.
I realize that adoption of the temporary truck route will take some time, and
probably will need to go to City Council for approval. However, I need
immediate relief from the existing situation. A number of the companies that I
do business with have stated that they intend on doing business elsewhere unless
.;;J t 1'1-1.
this is resolved soon. Please stop the ticketing of trucks doing business with
me, while we work out a solution.
I was not aware until now that the City adopted a new truck route system
(Ordinance 2482) in 1991. Thus, making all truck traffic to my legal business
impossible. I would like a meeting with you, the City Attorney's office, Police
Department as soon as possible. Let's find a solution!
Thank you for your assistance.
SincerelY,~
D O'^ ~CJ'.j6'.
Don Oliver
.
17,1
A .-L
:rtelYl J'1
SWEETWATER UNION HIGH SCHOOL DISTRICT
DIVISION OF PLANNING & FACILITIES
1130 FIFrH AVENUE
CHULA VISTA, CA 91911
(619)691-5553
FAX: (619)420-0339
,IAN 2"7
Andrew B. Campbell
Assistant Superintendent of Planning
and Facilities
January 22, 1997
The Honorable Shirley Horton
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton:
RE: Proposed Truck Route for Hilltop Drive and Orange Avenue
It has come to the district's attention that there is a request to allow
Hilltop Drive and Orange Avenue between Main and Interstate 805 to
become a designated truck route. After viewing the areas which are
under consideration, the following issues are of concern:
1. There are three schools within one-half mile of the Hilltop Drive
and Orange Avenue intersection: Lorna Verde Elementary
School, Castle Park Middle and Castle Park High Schools.
2. Because of just car traffic over the past ten years, the city has
installed two traffic lights on Hilltop Drive north of this
intersection in order to ensure the safety and security of
students.
3. The city park next to Lorna Verde Elementary School is a
gathering place for soccer and softball activities after school
hours and on the weekends.
17 or 8'
Mayor Horton
January 22, 1997
Page 2
Given the amount of student pedestrian traffic ranging from ages 5 to 18,
and their close proximity to the park and schools, it seems inconceivable
that the city would consider allowing commercial truck traffic on these
two streets. Additionally, last evening I saw huge natural gas tanker
trucks using the station on the comer of Hilltop Drive and Orange
Avenue. If an accident were to occur to these vehicles, the potential
damage to the residents of this area would be monumental.
The Sweetwater Union High School District strongly requests that the city
reject the request to change the classification of both Orange Avenue and
Hilltop Drive. Your support in continuing this current restriction would
be sincerely appreciated.
Sincerely,
Andrew B. Campbell
Assistant Superintendent of Planning & Facilities
ABC:mr
c: Dr. Ed Brand, District Superintendent
/7-9
\ I r.2.... ' I
&l4le,\T v
Chapter 10.64
TRUCK ROuTES"
Sections:
10.64.010 Compliance required when..
10.64.020 Exemptions-Co=ercial delivery vehicles.
10.64.030 Exemptions-Public utiliry and =ntractor's vehicles.
10.64.040 Load restrictions upon vehicles using certain streets-Schedule vn.
10.64.010 Compliance required when..
Except as provided in sections 10.64.020 and 10.64.030, it is unlawful to operate a vehicle weighing
in excess of ten thousand pounds except upon a truck route designated in section 10.64.040. This section
is effective when signs marked "truck route" have been installed along the designated Truck Routes, and the
city engineer has installed signage at each vehicular point of entry into Chula Vista restricting vehicles in
excess of ten thousand pounds to designated t:.nJck routes. The city engineer shall maintain within a register
Schedule VJI listing all streets or portions of streets that are designated "truck routes." (Ord 2670, 1996;
Ord 2482 gl, 1991; Ord 2024 gl (pan), 1983; Ord 973 gl (pan), 1966; prior code g19.13.1(A)).
10.64.020 Exemptions-Co=ercial delivery vehicles.
The provisions of this chapter shall not prohibit any commercial vehicle coming from an unrestricted
street, or portion thereof, as enumerated or described in section 10.64.040 and Schedule VJI, from having
ingress and egress by direct route to and from a restricted street when necessary for the purpose of making
pickups or deliveries of goods, wares and merchandise from or to any building or structures located on the
restricted street or for the purpose of delivering materials to be used in the actual and bona fide repair,
alteration, remodeling or construction of any building or str"cture upon the restricted street for which a
building permit has pre\iously been obtained. (Ord 97391 (pan), 1966; prior code g19.13.1(B)).
10.64.030 Exemptions-Public utility, solid waste, and contractors' vehicles.
The pro\isions of this chapter shall not be applicable to any vehicle owned by a public utility or a
licensed contractor while necessarily in use in the construction, installation or repair of any public utility,
to any vehicle subject to the provisions of sections 1031 through 1036, inclusive, of the California Public
Utilities Code or to any vehicle used for the collection and transportation of garbage and solid waste. (Ord
2670.1996; Ord 973 gl (part), 1966; prior code g19.13.1(C)). .
10.64.040 Load restrictions upon vehicles using certain streets.Schedule vn.
In accordance with secrions 10.64.010, pursuant to regulation, when appropriate "Truck Route" signs
are erected giving norice thereof, the movement of all motor vehicles having a maximum gross weight in
excess of ten thousand pounds is confined to the following streets:
Name of Street N/S
Beginning at
Ending at
Bay Blvd
Beyer VI' ay
Broadway
E Street
Main Street
North City limits
South City Limits
Fourth Avenue
South City Limits
(R 6/96)
686
1-3 - I
Eastlake Parkway
Fourth Avenue
Industrial Blvd
Marina Parkway
Maxwell Road
Otay Lakes Road
Third Avenue
Otay Lakes Road
Nonh City Limits
L Street
G Street
Otay Valley Road
Within City limits
H Street
Name of Street W/E
Anita Street
Bonita Road
C Street
E Street
F Street
H Street
East H Street
J Street
L Street
East L Street
Main Street
Otay ValJey Road
Palomar Street
Telegraph Canyon Road
East Frontage Road
E Street/E Flower Street
Broadway
Bay Blvd
Bay Blvd
Bay Blvd
Hilltop Drive
Bay Blvd
Bay Blvd
Hillrop Drive
Interstate 5
Main Street
Bay Blvd
East L Street/Nacion Ave
Miller Drive
South City limits
Main Street
Bay Blvd
North End
Main Street
Broadway
East City Limits
Founh Avenue
Bonita Road
Broadway
Hilltop Drive
Otay Lakes Road
Broadway
Hillrop Drive
Telegraph Canyon Road/Nacion Ave
Otay Valley Road
East City Limits
Third Avenue
Otay Lakes Road
Ediror's note: The substantive regulations pertaining ro Schedule VII and truck routes are maintained in the
office of the city engineer and the police department.
(Ord 2670,1996; Ord 2482 91 (part), 1991; Ord 973 91 (part), 1966; prior code 919.22.1 (part)).
687
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Tne Goru.ales Family
1605 Hilllop Drive
Chula VisLa, CA 91911
Oclober 15, 1996
Jv!ayor Shirley HOrtOll
276 Fowth Avenue
Chula Vista, CA 91910
Ex~Hr;l T
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Dear Mayor Horlon:
] am writing tlus letter to tluUlk you for yow response and to s::nd along a few dis!1Irbing photogrJphs.
As YOll can see by the pictures enclosed we are still a "truck" stop. The pictures were tak~n on different
days and times during the past month. I would like to bring to yow attention this on-going problem. I
understand that the city will be putting up signs sa)'ing that thcre is no truck stopping but] wouId like to
take it one step funher and have signs designating that Hilltop Drive is not a truck route.
As I wrote earlier, there are trucks driving up and down ow street all hows of the day and night. Or.mge
avenue is not a truck route but is a direct wnnection to the freew:l)'. Hilltop h:Is no direct links to any
freeway but we g~t truck traffic. We live in a RI residential zone. There are kids that walk to school every
day on Hilltop.
Also the a,rrogance of tow bus drivers that fuel at the diesel station has gotten into a few argwnents "ith
my neighbor's. Frankly, I do not blame them. We are simply red up "ith the problem. Honestly, if it was
not for that station under selling his wmpetitor's. we wouId not have this problem. And all the work
being done on the street would not be needed. I wge that you and the council find a solution to the
problem before it gets ugly.
In wnclusion, I thank you again for reading tills letter. I hope this problem "ill be solved "ith
expediency.
Sl', lL-
U ~1
UIys F. ' es
~
Cc: Congressman Bob Filner
Supervisor Jos","jJh Rindone
C - I
.
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~~
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C 2-
Mayor Shirley Horton
276 Fourth Avenue
Chula Vista, CA 91910
E'xtol,e,IT
\~ D II
.
.
Dear Mayor Horton:
I am writing this letter to bring to your attention two problems I feel are
very important to our part of this city.
First is the proposed "Trash Transfer Station" that is being proposed at 187
Mace St. I am opposed to this plan. I have some serious doubts about this
plan. Where is the trash coming from? Where is it going? Most of all, why
is this plan being proposed at a place that is so close to our neighborhood.
The notice I received, stated that 156 trip a day by big trucks would be
connnon.
This brings me to my second complaint. Our neighborhood is being overrun by
trucks using the diesel pump at Hilltop and Orange. These trucks come from
the meat plant at Hilltop and Main. The trucks are so loud, we had to move
our family room to the west side of our house so we could talk normally.
City crews have repaired Hilltop Drive two times in the past year because
these trucks are so heavy that they actually roll up the asphalt on the
street. My neighbors and I have experienced damage to our homes, because
trucks actually shake the foundations. I have personally witnessed these
trucks drag racing from Orange to Main on Hilltop. They use their "Jake
Brake" at all hours and I have even had words with some of the drivers when
I ask them to pick up the trash they throw down when they stop in front of
our house to check their oil, tires, etc. As I understand, after several
calls to Chula Vista Police Department, trucks are not allowed to park in
residential areas, but when I call Chula Vista Police Department, nothing
happens. Why is commercial traffic being allowed in an R1 residential area?
This problem is so bad that I am considering selling my property and moving
to another neighborhood. I am positive that the proplem with the trucks
will depreciating my property value. No one would buy the house with this
problem.
Thank you,
Mike and Jerry Kelley
3749 Festival Ct.
Chula Vista, CA 91911
619-427-1914
c: Senator Steve Peace
Congressman Bob Filner
County Supervisor Greg Cox
Assemblywoman Denise Duchenby
Assemblyman Steve Baldwin
Department of Motor Vehicles
California Highway Patrol
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/)-L/
BOARD OF EDUCATION
JOSEPH D. CUMMINGS. Ph.D.
SHAAON GILES
PATRICKA.JJDD
PAMELA B. SMITH
MIKE A. SPEYRER
SUPERINTENDENT
UBIA S. GI~ Ph.D.
E
""I'
EXHIBIT
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619 425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
January 21, 1997
~
-!lYr'
RECOrEfJ
Mr. Cliff Swanson
Deputy Director of Public Works/City Eng.
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: proposed Truck Route for Hilltop Drive & Orange
Avenue
Dear Mr. Swanson:
We understand that a request has been made to allow large
commercial vehicles the use of Hilltop Drive and Orange
Avenue. This change could severely impact the schools
si tuated on and near this proposed truck route. The
health and safety of our staff and children, along with
the increased noise levels, air pollution and traffic
congestion are of great concern to our district.
The Chula vista Elementary School District would like to
support the opposition to the proposed change to City
Ordinance Chapter 10.64 and urge the City Council of the
City of Chula vista to take the necessary action required
to enforce the zoning requirements and to limit the usage
of public roads in the area of Hilltop Drive and Orange
Avenue to those specifically prescribed by this
Ordinance.
Your support in this matter would be greatly appreciated.
Sincerely" ,
/~u~//jf~
Lowell Billin~, Ed.D.
Assistant Superintendent for
Business Services & Support
LB:dp
cc: Cabinet
E - /
.
'J.\ ,11
EXHIBIT
hl1110N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
F-
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a cOmmercial/industrial area
that is not suitable for children. retirees and ~ns of advanced years.
The undersigned petitioners urgently request the Gty Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the Gty of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Si ture
.
F I
.
.
.
PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
Print Name
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
Print Name
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
~
Print Name
FLJ
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.
.
Phll110N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
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~',ct\ JC,,J.:::>(
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1".lHUlON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/or
compensation.
,
Gcuo
F6
.
1"l:IllllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
!v11111 A M ?UI
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PhTlllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
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PUluON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange A venue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial! industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking! condemning property without due process and! or
compensation.
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Print Name Address Phone Number
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name Address
UosiCZRF<.A'-ES /
Phone Number
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Pt;llTlON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/or
compensation.
,
Print Name
Address
Phone Number
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PU uION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
....-- .---
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
Address
Phone Number
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Phlll10N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
nus petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
Print Name
Address
Phone Number
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercialjindustrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, takingj condemning property without due process and/ or
compensation.
,
Si ture
Print Name
Address
Phone Number
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Si ature
Print Name
Address
Phone Number
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Address
Phone Number
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PIHl110N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Address
Phone Number
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PIH 1 llON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfuIIy on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
Address
Phone Number
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PhllllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the Gty Council of the Gty of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the Gty of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Print Name
Address
Phone Number
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I'!HUION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfu1Iy on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
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PUUI0N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange A venue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
nus petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Address
Phone Number
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PhUTlON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area"to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and per~ons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Print Name
Address
Phone Number
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PljI UION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Print-Name
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Address
Phone Number
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PUTllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
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Address
Phone Number
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the Gty Council of the Gty of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current" laws are enforced and that the area is restored to>its true residential status. By not
taking this action, the Gty of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking! condemning property without due process and/ or
compensation.
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Address
Phone Number
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PbllllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Print Name
Address
Phone Number
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PUTllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Print Name
Address
Phone Number
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F'.I$uuON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
.
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.
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the Citv of Q.uIa
Vista to take the necessary action required to enforce the zoning requirern....'imit the
usage of public roads in the area to those specifically prescribed h,' .. '10.64.
. ',;.-;..r
This petition is being initiated because of the in ~, \ 1:- U . v
residential property by owners and operators of lar[ ~T~\ 'J (, .
operators of businesses that cater to and service sucl .y ~ .... \
Orange Avenue by such vehicles interferes not only' "\:,,
property but also creates a health and safety hazartV) iV-j
students and pedestrians lawfully on the public road f\ C \ (;
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quality, traffic congestion and traffic obstruction all CO!
point that it is no longer tolerable and, in fact, the area
that is not suitable for children, retirees and per:>ons of a,
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The undersigned petitioners urgently request the City Co
the current laws are enforced and that the area is restol'l........ By not
taking this action. the City of Chula Vista is effectively con; . . ~~ values which is a
violation of our fifth amendment rights, taking/ condemninL . ."yerty without due process and/ or
compensation.
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Print Name
Address
Phone Number
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t'~ 11110N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND IULLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and ~ns of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking! condemning property without due process and/or
compensation.
,
Print Name
Address
Phone Number
61
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1'.1H 1 nON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the Oty Council of the Oty of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/or
compensation.
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Address
Phone Number
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"'~I II ION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND mLLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the Cty Council of the Cty of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per:;ons of advanced years.
The undersigned petitioners urgently request the Cty Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the Cty of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking! condemning property without due process and/ or
compensation.
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Print Name
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PIHTnON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
, taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Silmature Print Name Address Phone Number
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Print Name
Address
Phone Number
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usage of public r
This petition is
residential prop.
operators of busi
Orange Avenue'
property but als
students and pee
quality, traffic co
point that it is n(
that is not suitabl
The undersigned
the current laws
taIdng this actior
violation of our f
compensation,
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51 ature
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
PE
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10,64.
We, the undersi~
of Hilltop Drive
Vista to take thE
usage of public r,
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks, Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and.. in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ons of advanced years.
This petition is
residential prope
operators of busi:
Orange Avenue 1
property but als(
students and pec
quality, traffic co:
point that it is ne
that is not suitabl
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential st;,fus. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
The undersigned
the current laws
taking this action
violation of our fi
compensation,
,
Print Name
Address
Phone Number
Si ature
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND lllLLTOP DRIVE
BY COMMERCIAL VEHICLES
PI
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange A venue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
We, the undersi
of Hilltop Driv<
Vista to take th
usage of public;
TIris petition is being initiated because' of the interference with the use and fnjoytp.ent of our
residential property by owners and operators of large commercial trailer and t:a.Iiker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of \Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ons of advanced years.
TIris petition is
residential prop'
operators of bus
Orange Avenue
property but al!
students and pe
quality, traffic cc
point that it is n
that is not suitab
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
The undersignec
the current law,
taking this actiOJ
violation of our J
compensation.
,
Si ature
Print Name
Address
Phone Number
Si ature
,c- ~.
PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
PET:
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
We, the undersign
of Hilltop Drive a
Vista to take the r
usage of public roa
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
This petition is be
residential propert
operators of busim
Orange Avenue by
property but also
students and pede
quality, traffic con~
point that it is no 1
that is not suitable
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values whiCh is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
The undersigned p
the current laws '"
taking this action, t
violation of our fif!
compensation.
,
Print Name
Address
Phone Number
Si ature
JI:':\='.\' /((;:<('1/oID S
ft!J9w fL}lJ.>
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F 3'7
PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND InLLTOP DRIVE
BY COMMERCIAL VEHICLES
I
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange A venue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
We, the under:
of Hilltop Dri.
Vista to take t
usage of public
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a cOII1IXlercialjindustrial area
that is not suitable for children, retirees and per.sons of advanced years.
This petition j
residential pro;
operators of be
Orange Avenu
property but a
students and p
quality, traffic,
point that it is
that is not suit,
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
. taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
The undersign,
the current la,
taking this acti
violation of ou
compensation.
Print Name
Address
Si atur
Phone Number
v .5
z
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'A 0PtI2I1f\J1 l
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F 4'u
PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND lllLLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
Address
Phone Number
F 4(
- This Page Blank -
F L/'L
PlflTuON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
. taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Silmature Print Name Address I Phone Number
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PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of ow
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
. taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, takingf condemning property without due process andf or
compensation.
,
Si ature
Print Name
Address
Phone Number
K,HDnl(~ 'Rr-t...r
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PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpay rs residing in th area of'the intersection
of Hilltop Drive and Orange Avenue, do hereby petitio e City Co cil of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and per~ons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
. taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
51 ture
Print Name
Phone Number
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January 28, 1997
MEMO TO:
The Honorable Mayor & City Council
Patty wes(ff 4
TRUCK ROUTE ON HILLTOP/ORANGE-OPPOSED
FROM:
SUBJECT:
The following residents have called in opposition to the proposed truck route on Hilltop
and Orange Avenue:
1. Blanca Gonzalez ~onnoley Circle - Calling for herself and other neighbors
who are concerned about the children attending nearby schools and the
surrounding businesses that already experience a large volume of incoming
traffic.
2. Joy Hundley ~de Avenue - A truck route will bring in too many vehicles.
3. Rita payea ~illtop Drive - Against the noise and traffic the trucks will
bring into the neighborhood.
4. Ms. McGuyer -_liIItop Drive - Against the truck route for several reasons:
Trucks park in our neighborhood overnight,they follow too closely behind cars,
and if the cars are going too slow, the trucks honk their horns. Several schools
are nearby. It's dangerous for the children to cross the street. There are other
businesses in the area already overwhelmed with incoming traffic. Why is
everything dumped in south Chula Vista? Several seniors live in this area and
they can't afford to move.
5. Mr. Martinez - _asper Court - There are too many kids in this area for a
truck stop. The trucks can go to Main Street for diesel.
6. Debra Brant '-Jade - Eight years ago, there was an incident where the
emergency brake to one of the trucks was not set and the truck went into my yard
at 5 a.m. If it would have happened a few hours later, many of the children on
their way to school could have been seriously injured or killed.
7. Norma Dyke ~ade Court - A truck route causes too many traffic problems.
8. Louis Waterman -_Jasper Court - Too much negative stuff already in
south Chula Vista residential area.
9.
Julio Gonzales
PPOSED
10. Malia Attaway -
PPOSED
11. Ruth Williams -_OPPOSED
12. Miralda Ruiz - OPPOSED
13. Annette Pires - _ - Huge trucks and trailers park in red zones; she feels
the City Council doesn't care about this area - dump everything in and
around the area - parking is never enforced; most importantly is the
safety of the children crossing going to and from school.
14. Kazumi Craw
15. Maryann Daton __ Jasper Court - Objects to truck route designation.
16. Primo and Annie Brill __ Nolan Avenue - Object very strongly to Orange
Avenue being designated as a truck route.
17. Shirley Fisher - ~olan Avenue - 420-6865
18. Cathy Kaye - Too much school traffic; recently a traffic signal was installed due
to a child fatality. *Please refer to attached clipping.
19. Holiday Court
20. Salvador Rivera - _171 ourmaline Street - Residents are already tolerating
speeding rigs not to mention the mental housing unit. These negative
impacts lower property values.
21. Francis Garrison - -Jolan Avenue - opposed due to the increase of
traffic, added pollution and decrease of property values.
22. Dan Garrison - Nolan Avenue - Too much congestion as it is; difficult
to get in and out; and who will absorb the costs for maintenance of the
road -- not the taxpayers for one single businessman to make more
money!!!
Encls.
cc: City Manager
City Clerk
*The accident took place Jan 26, 1990 in the 1400 block of Hilltop Drive. Staff
advises that the truckioute will not encompass the 1400 block of Hilltop. Attached
news clipping for your info.
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From: Louie Vignapiano
To: Armando Buelna
Subject: E-MAIL
Date: 1/28/97 7:31AM
:PI?
I received this e-mail this morning. I thought you should see il
before tonight's Council Meeting.
Louie
From:
Message-Id:
To: chulavis
Subject: Monsterous Trucks
Content-Type: lext
Madam Mayor & City Council members,
I am sending this e-mail on the behalf of my neighbor, Nicole Garcia.
She
lives at _ Hilltop Drive. This is in regards to the diesel station
problem
on Hilltop & Orange. This is her letter to you all:
"
My name is Nicole Garcia, I am five years old. I live at IiIltop
Drive.
Please Don't Let The TRUCKS in MY Neighborhood!!!
They are Big and I am not... They drive on the street as I walk to
school with
my Baby Borther and Grandma. They are LOUD and SCARY as they turn in
the
street, as we wait at the crosswalk. As They and other cars GO BY
FAST. They
park on Ihe street across from our House...We have to wait for them to
go by
before we can drive out of our driveway.
Even though I am only Five, I can see the "danger" of having these
trucks in
my neighborhood.
Now, not only do I have to worry about my Mom and Dad, I now have to
worry
about myself, my baby borther and my Grandma! (As we walk to and from
school
beside these Monslerous Trucks)
Ms Mayor...My Mom and Dad took us to the holiday parade where we waved
at you
and the Chief of Police...PLEASE Don't Let the trucks drive in our
neighborhood. My Mom and Dad risk their lives every day and nighl in
the city
of San Diego.... .
Can't you keep our lives safe!!I in our neighborhood and return the
favor???
Thank You,
Nicole Garcia :-)
Nicole, baby brother Robert and Grandma Joan Maguire will be
present at
Tuesday night's council meeting (1/28). She's too young to address the
Council
directly and she wanted to make sure that you heard her opinion.
You may send any remarks to the above e-mail address. I, too, live
on Hilltop
Drive and will be present for the meeting.
Sincerely,
Ulysses Gonzales
.-:Jf / 7
SWEETWATER UNION HIGH SCHOOL DISTRICT
DIVISION OF PLANNING &: FACILITIES
1130 FIFTH AVENUE
CHULA VISTA, CA 91911
(619)691-5553
FAX: (619)420-0339
Andrew B. Campbell
Assistant Superintendent of Planning
and Facilities
January 22, 1997
The Honorable Shirley Horton
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton:
RE: Proposed Truck Route for Hilltop Drive and Orange Avenue
It has come to the district's attention that there is a request to allow
Hilltop Drive and Orange Avenue between Main and Interstate 805 to
become a designated truck route. After viewing the areas which are
under consideration, the following issues are of concern:
1. There are three schools within one-half mile of the Hilltop Drive
and Orange Avenue intersection: Lorna Verde Elementary
School, Castle Park Middle and Castle Park High Schools.
2. Because of just car traffic over the past ten years, the city has
installed two traffic lights on Hilltop Drive north of this
intersection in order to ensure the safety and security of
students.
3. The city park next to Lorna Verde Elementary School is a
gathering place for soccer and softball activities after school
hours and on the weekends.
Mayor Horton
January 22, 1997
Page 2
Given the amount of student pedestrian traffic ranging from ages 5 to 18,
and their close proximity to the park and schools, it seems inconceivable
that the city would consider allowing commercial truck traffic on these
two streets. Additionally, last everung I saw huge natural gas tanker
trucks using the station on the comer of Hilltop Drive and Orange
Avenue. If an accident were to occur to these vehicles, the potential
damage to the residents of this area would be monumental.
The Sweetwater Union High School District strongly requests that the city
reject the request to change the classification of both Orange Avenue and
Hilltop Drive. Your support in .continuing this current restriction would
be sincerely appreciated.
Sincerely,
Andrew B. Campbell
Assistant Superintendent of Planning & Facilities
ABC:mr
c: Dr. Ed Brand, District Superintendent
JAN-21-97 rUE 12:48 PM
OARO Of' IOUCATION
a&'H O. C!MINGS. PII.O.
SIW1CN GILiS
PA'IIICIC" .uJO
PNoEL'" SMITII
.." $PI'IIIEII
SUPERINTENDENT
~s.GIL,PII.D.
p, 02
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET · CHULA. VISTA, CALIFORNIA 91910 · 619 425-9600
EACH CHILD IS AN INDMDtJ'AL OF GREAT WORTH
January 21, 1997
Mr. Cliff Swanson
Deputy Director-of Public Works/City Eng.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Proposed Truck Route for Hilltop Drive' Orange
Avenue
Dear Mr. Swanson:
We understand that a request has been made to allow large
commercial vehicles the use of Hilltop Drive and Orange
Avenue. This change could severely impact the schools
situatea on and near this proposed truck route. The
health and safety of our staff and children, alonq with
the increased noise levels, air pollution and traffic
congestion are of great concern to our district.
The Chula Vista Elementary School District woula like to
support the opposition to the proposed change to City
Ordinance Chapter 10.64 and urge the city council of the
city of Chula Vista to take the necessary action required
to enforce the ~oninq requirements ana to limit the usage
of public roads in the area of Hilltop Drive and Orange
Avenue to those specifically prescribed by. this
Ordinance.
Your support in this matter would be greatly appreciated.
sincerelY,. ,
~"..,~~
Lowell Billin~, Ed.D.
Assistant SUperintendent for
Business Services & support
LB: dp
cc: ;~~ /
!!! IMPORTANT NOTICE!!!
Friends and Neighbors of Hilltop Drive and Orange Avenue
As you mayor may not know, the owner of the diesel sales pump at 1500 Hilltop
Drive has asked the City of Chula Vista to change Ordinance 10.64 so that Orange
Avenue and Hilltop Drive will be made into truck routes.
Friends and neighbors, we cannot let this happen. Our quality of life,
safety of school children, noise, air pollution, and our property value will be
changed forever. Our neighborhood will no longer be tolerable to live in.
Please join me at the City Council Meeting (276 Fourth Avenue) on Tuesday,
January 28, 1997, at 6:00 p.m.
If you wish to personally address council regarding this matter, and please do,
complete the proper form which can be found as you enter Council Chambers.
Return the form to the city clerk the night of the meeting.
It is extremely important that we attend this meeting to voice our concems. If
you cannot attend, please call 691-5044 to express your feelings. When calling
city council, let them know that you would like this message forwarded to the
appropriate person prior to the January 28 meeting.
Chula Vista City Council Members are:
Shirley Horton - Mayor, City of Chula Vista
Mary Salas
Jerry Rindone
Steve Padilla
John Moot
If you have any questions, please call Mike Kelley at 427-1914
PLEASE TRY TO AITEND THIS VERY
IMPORTANT MEETING
PA~E,,"S
If r /... 0"'" It!
wHo H1ftJE. C"'ILD~<<IV G-OING> To
VE~D~ WE NEE.C> Y~U(l. HE.LP,
SCHOOL.
T,,*E OWNE.IC.. C1F THE. SEI'trJle..E. .sr"T/~1fl t:)1t.l -rilE
5/W CDI1.fl/E.12. OF HILLTOP Pl(ttlE 0/- OI(1Jtv~E I4lJE
.
IS TR.'///II~ It!> H14I1E:. THE.. CITY OF CHULJfI vls,-"
II LLf)fV HE/fIIIY
]H.E.$E ,WO
T~ UC,I< ~ AND TII.II ~"rottL T~R 11. EIiZS 011/
SiFl.EETS. THE. ~/AJNEIl. HI4C 10 KNow,
K/tlE!/fJ HE I3CcJt.HT THIS SUS/lVESS TH" T NO Ttt:IJCK..:.
OVER.. 5 IONS wER,E. 1t1J..l.oWED oloJ TUES=.
5T~LE.7S
.
IF HE ISN'T STOPPED rHE. PlfR.ENiS WJoIo D/(/\JE.
,
THi:lre. C.f-IILDII.E.N 10' SCH"t!>L. WIL.L rlque;-o F/bHT
THESE TR.u~1<l.. S 10 'E.T It:> SC.H~OL-. PJ.f)S THE
C HILD1ft. &-tU WHO WI4L I'. To ~<!. HOO L- WILL rlJII VE. 14
PAo6L.1! M WITH TN ES E- "VE(tS/ZE. T~VC.J<. S
P J. EllS E- R7TE.AJD iH11 Jt1E E. T/III~ GIt/~ U$ l',U/'< SIJPPt:)~T
.
C IT'! CdUNC IL I'I1EE.TIIV(,
TUES Ji'tN ~gl '''1 '''''0 'P"1
:2-76 FOCJ~TH fllJE
~ H 1JL.1t VI Clill
17. REPORT
ADDING EIl'HER ORANGE A VENUE OR HILLTOP DRIVE TO THE
LIST OF APPROVED TRUCK ROUTES - Donald Oliver operates a service
station at ISOO Hilltop Drive !bat soils diosel fuel which attncts large trucks.
The trucks \ISO Hilltop Drive and Orange Avenue to access the station. Neither
of those stroota are dosignatod truck routes. Therefore. trucks which go to the
site only to obtain fuel are in violation of Chaplet 10.64 of tho Mllllicipal Code
and subject to citation. Staff recommends !bat' Council not diroct staff to
proceed with an ordinance designating either Orange Avenuo or Hilltop Drive
as a truck route. (Dirocto~ of Public Works)
PlillllON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF ,53~
ORANGE AVENUE AND HILLTOP DRIVE _
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
--'
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-' . -' <.... - ~. ~ ,. '.
Si
Print Name
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PIH 1 llON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
I<..'Z ...0
Jtlau lk.r Ii ,z.
I1A i./I/lr {",.j}cS; u.J U{
.
.
PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
Print Name
~~~u..,"",~ ~..t-I>l-fll(~ r
--
PETmON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
'ntName
/J h 'I
/ .~>;
I
T "p,.J-
rim nON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council totake appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of ChuIa
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
. -
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/ condemning property without due process and/ or
compensation.
,
Print Name
.
.
PbllnON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and taIlker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and p~ns of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of ChuIa Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
PrintN~_~! ._._.._._. . Mt!ress_ __. ._ _L.,Ph!l!'!lfumber~
//'~
PbllnON TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking! condemning property without due process and/ or
compensation.
,
.
.
PETITION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/ industrial area
that is not suitable for children, retirees and per~ns of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Print Name
PJ:H UION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial! industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request'the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,
Si ature
Print Name
loG,
( <1::5..) #t? h A
.
.
PIHll10NTO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large conunercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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PUUION TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange A venue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently request'the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
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Ph 11 l10N TO ABATE NUISANCE CREATED BY ILLEGAL USE OF
ORANGE AVENUE AND HILLTOP DRIVE
BY COMMERCIAL VEHICLES
We, the undersigned residents, homeowners and taxpayers residing in the area of the intersection
of Hilltop Drive and Orange Avenue, do hereby petition the City Council of the City of Chula
Vista to take the necessary action required to enforce the zoning requirements and to limit the
usage of public roads in the area to those specifically prescribed by local Ordinance Chapter 10.64.
This petition is being initiated because of the interference with the use and enjoyment of our
residential property by owners and operators of large commercial trailer and tanker trucks and the
operators of businesses that cater to and service such vehicles. The illegal use of Hilltop Drive and
Orange Avenue by such vehicles interferes not only with the use and enjoyment of our residential
property but also creates a health and safety hazard for motorists, residents, elementary school
students and pedestrians lawfully on the public roads and sidewalks. Increased noise levels, air
quality, traffic congestion and traffic obstruction all combine to degrade the residential area to the
point that it is no longer tolerable and, in fact, the area has become a commercial/industrial area
that is not suitable for children, retirees and persons of advanced years.
The undersigned petitioners urgently Jequest the City Council to take appropriate steps to see that
the current laws are enforced and that the area is restored to its true residential status. By not
taking this action, the City of Chula Vista is effectively condemning our property values which is a
violation of our fifth amendment rights, taking/condemning property without due process and/ or
compensation.
,