HomeMy WebLinkAboutAgenda Packet 1996/04/09
Tuesday, April 9, 1996
6:00 p.m.
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Rel!Ular Meet" 2 of the Citv of Chula Vis 6(y Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _' Moot _' Padilla _' Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
March 26, 1996 (City Council Meeting) and March 26, 1996 (Special
Joint Meeting of the City Council/Redevelopment Agency)
4. SPECIAL ORDERS OF THE DAY:
a. Lori Saldana, Chair, Sierra Club, will be presenting the "Community Activism Award."
b. David A. Rohy, Ph.D., Commissioner and Member of the Efficiency Standards Committee,
California Energy Commission, will be presenting the 1995 ACES Award (Assuring Compliance
with the Energy Standards).
c. Proclaiming the month of April 1996 as "WalkAmerica for Healthier Babies Month." The
proclamation will be presented by Mayor Horton to Lisa Harter, WalkAmerica Coordinator.
d. Proclaiming the month of April 1996 as "Fair Housing Month." The proclamation will be
presented by Mayor Horton to Mary Knoll, Executive Director of the Fair Housing Council of
San Diego.
e. Sunny Shy, Deputy Director of Parks and Recreation, will present an update on activities planned
for the Chula Vista Expo '96 to be held on Saturday, April 13, 1996, 10:00 a.m. to 4:00 p.m.
at Marina View Park.
f. Proclaiming the week of April 23 through April 30, 1996 as days of remembrance for the victims
of the Holocaust. Comments by Councilmember Alevy to follow.
*****
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 linal actions taken in closed session and to a4joum 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 recorrIed in the minutes which will be available in the City Clerk's Office.
*****
Agenda
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April 9, 1996
CONSENT CALENDAR
(Items 5 through 9)
The stoff recommendations regarding the following items listed under the Consent Calendar wiU be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City stoff
requests that the item be pulhd for discussion. If you wish to spellk on one of these items, please flU out a
"Request to Speak Fonn" avaiIoble in the lobby and submit it to the City Cleric prior to the meeting. (Complete
the green fonn to speak in favor of the stoff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items puUed from the Consent Calendar wiU be discussed after Board and
Commission Recommendations and Action Items. Items puUed by the public wiU be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no reportable actions taken in Closed
Session on 3/26/%. It is recommended that the lelter be received and filed.
b. Letter of resignation from Amira Walker - International Friendship Commission. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
6. ORDINANCE 2668 AMENDING CHAPTER 10.80 OF THE MUNICIPAL CODE RELATING
TO ABANDONED VEIDCLES (second readiDl! and adoDtion\ - Chapter
10.80 of the Municipal Code establishes specific requirements and procedural
steps for the abatement and removal of wrecked, inoperable, or abandoned
vehicles from any private or public property, not including highways. In order
to improve the City's code enforcement capabilities, staff is reconunending
minor changes to Chapter 10.80 to streamline the process and to ensure
compatibility with the 1995 California Vehicle Code. Staff recommends Council
place the ordinance on second reading and adoption. (Director of Building and
Housing)
7. RESOLUTION 18246 ACCEPTING FEDERAL LffiRARY SERVICES AND CONSTRUCTION
ACT GRANT FUNDS FOR THE PURCHASE OF LffiRARY REFERENCE
RESOURCES, APPROPRIATING FUNDS AND AMENDING TIlE
FISCAL YEAR 1995/96 BUDGET - For the sixth consecutive year the
California State Library has approved the Chula Vista Public Library's
application for Major Urban Resource Library funds. The fiscal year 1995/96
grant amount is $12,032. The funds will purchase current business and financial
services as well as enhance the career and job seeking materials collection.
Staff recommends approval of the resolution. (Library Director) 4/5th's vote
required.
8. RESOLUTION 18247 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 25, 19%,
FOR A 5K110K ROAD RACE SPONSORED BY THE BONITA ROAD
RUNNERS - The Bonita Road Runners organization is requesting pennission
to conduct their 12th annual 5K and 10K road races around Rohr Park on
Saturday, 5/25/96, and anticipate approximately 450 participants. The event
would start at 7:30 a.m. and streets will be cleared by approximately 9:30 a.m.
Temporary street closures will result in temporary traffic delays on Willow
Street and Sweetwater Road. The north bound lane of Willow Street will be
closed to vehicular traffic during most of the race to allow race participants a
better corridor of safety as they cross the Willow Street bridge. The Police
Department will monitor traffic and allow single lane traffic flow both north and
south bound on an alternating basis. Sweetwater Road will be closed
temporarily to allow for the start of both races. Staff recommends approval of
the resolution. (Chief of Police and Director of Parks and Recreation)
Agenda
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April 9, 1996
9. RESOLUTION 18248 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR
PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1996/97
AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The
agreement authorizes the City to claim $105,799 in County TDA Article 4.0
funds for transit service in the unincorporated County area. Staff recommends
approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The lollowing 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 lonn to speak in lavor 01 the stall recommendation; complete
the pink lonn to speak in opposition to the stafl recommendation.) Comments are limited to five minutes per
individual.
10.
PUBLIC HEARING
IMPROVEMENT OF FOURTH A VENUEBETWEENKITTIW AKELANE
AND CIRJLA VISTA ADULT SCHOOL - On 5/14/91, Council approved
agreements with 13 affected property owners along both sides of Fourth Avenue
between Kittiwake Lane and Cbula Vista Adult School. Said agreements granted
public street easements to the City for the construction of the improvements and
required a public hearing be held upon completion. Staff recommends Council
hold the public hearing and authorize the recordation to street easements.
(Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity lor the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda lor public discussion. (State law, however, generally
prohibits the City Councillrom taking action on any issues not included on the posted agenda.) 11 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 lor record purposes and lollow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have beenlorwarded to them lor consideration by one
01 the City's Boards, Commissions and/or Committees.
None submitted.
Agenda
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April 9, 1996
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, sliiff, or members of the general public. The items will be considered individuaUy by the Council
and sliiffrecommendations may in certain cases be presented in the altemative. Those who wish to spealc, please
jill out a "Request to Speak" fonn avalloble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to jive minutes.
I1.A. ORDINANCE 2669 AMENDING CRAPfER 3.48 OF THE MUNICIPAL CODE TO PERMIT
THE REFINANCING OF REGIONAL UTILITY PROJECTS UPON A
FINDING OF CITY BENEFIT (first readilU!) - San Diego Gas & Electric
(SDG&E) bas requested that the City take the necessary steps to become legally
able to assist them in refinancing two Industrial Development Bonds, similar to
financing the City did for them in 1992. Staff recommends Council place tbe
ordinance on first readiog and approve the resolution. (City Attorney and
Director of Finance)
B. RESOLUTION 18249 SETTING A REFINANCE PARTICIPATION FEE AT .25 PERCENT OF
THE PRINCIPAL AMOUNT FOR THE PROPOSED SDG&E
INDUSTRIAL DEVELOPMENT BOND REFINANCING, PAYABLE AT
THE TIME OF ISSUE
12. RESOLUTION 18250 DEFERRING AND CANCELING, AS IMPRACTICAL, THE SPECIAL
RUNOFF ELECTION FOR SEAT NUMBERS 3 AND 4 FOR THE FOUR
YEAR TERM ENDING DECEMBER, 1996 FOR SEAT NUMBERS 3 AND
4 - The prelimioary official results of tbe 3/26/96 elections indicate tbat no
single candidate secured the necessary majority of votes required to be declared
a winner in either seat for either the Short or Long Term. There will be a need
for a one runoff election for the Long Term. Staff recommends approval of tbe
resolution deferring and canceling a special runoff election for tbe Short Term.
(City Attorney and City Clerk)
13. RESOLUTION 18251 APPROVING AMENDMENT TO AGREEMENT WITH THE COUNTY
OF SAN DIEGO AND SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT FOR THE CONSTRUCTION, MAINTENANCE, AND
OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP
IMPROVEMENT PROJECT - On 10/3/95, Council approved an agreement
witb tbe County of San Diego and Southwestern College. The estimated cost
of the Southwestern College Bus Stop Improvement Project is $1,350,000. The
County bas designated $900,000 for tbe project, leaviog a shortfall of $450,000.
Staff recommends approval of the resolution. (Director of Public Works)
4/5tb's vote required.
14. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH
JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT - On 11115/94,
Council directed staff to return with a new exclusive negotiatiog agreement with
Joelen Enterprises to develop tbe proposed botellocated on the 4400 block of
Bonita Road adjacent to the Cbula Vista Municipal Golf Course. Staff
recommends approval of the resolution. (Director of Community Development)
Agenda
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April 9, 1996
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City CouncU wUJ 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 Councibnembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
15. CITY MANAGER'S REPORTIS)
a. Scheduling of meetings.
16. MAYOR'S REPORTIS)
a. Scheduling a workshop with the Sweetwater Union High School District and the Chula Visbi City
School District.
b. Ratification of appointments: Michelle Monroy - Youth Conunission; and Joanne D. Clayton -
Housing Advisory Commission.
c. Ratification of re-appointment to Board of Ethics - Virgil Whitehead.
17. COUNCIL COMMENTS
Councilmember Rindone
a. Reconsideration of Spring Council break.
ADJOURNMENT
Tbe meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 16, 1996
at 6:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City
Council Meeting.
Agenda
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April 9, 1996
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberote on the following items of business which are pennitted by (Qw to be the subject of a closed
session discussion, and which the Council is ndvised should be discussed in closed session to best protect the
interests of the City. The Council is required by (Qw 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 terminnted at this point in order to save costs so that the Council's return from
closed session, reports of iEYJl action talcen, and atijoumment will not be videotaped. Nevertheless, the report
of final action talcen will be recorded in the minntes which will be availilble in the City Clerk's Office.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Fritsch vs. the City of Chula Vista.
. Christopher vs. the City of Chula Vista.
· Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. SNMB, L.P. vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. EastLake Park issues.
3, Initiation of litigation pursuant to Government Code Section 54956.9(c)
· City's contemplated validation action with respect to Ordinance amending Municipal Code
Chapter 3.48
SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.9
· Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
19. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
PROCLAIMING THE MONTH OF APRIL 1996 AS
WALKAMERICA FOR HEALTHIER BABIES MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the March of Dimes Birth Defects Foundation was founded by
Franklin Delano Roosevelt in 1938 and is the only non-profit organization to conquer the
disease that it originally set out to prevent, which was polio; and
WHEREAS, the March of Dimes Birth Defects Foundation is a national voluntary
health organization seeking to assure that every baby has a healthy start in life by
funding programs of research, education, community services and advocacy dedicated
to preventing birth defects and infant mortality; and
WHEREAS, the March of Dimes Birth Defects Foundation's primary fundraiser,
WalkAmerica, is celebrating its 27th Anniversary and is staged annually throughout the
United States; and
WHEREAS, in 1995 more than 7,000 people participated in March of Dimes
WalkAmerica presented by KFMB-TV 8 and STAR 100.7 FM raising more that $724,000,
making it the most successful WalkAmerica ever in San Diego; and
WHEREAS, Farmers Insurance Group of Companies, the Vons Companies, Inc.,
San Diego County and City of San Diego, Kyocera, Discount Tire Company, Union Bank,
Target, Sony Corporation, Kaiser Permanente and Office Depot were San Diego's Top
Ten Teams in raising money for WalkAmerica 1995; and
WHEREAS, March of Dimes WalkAmerica presented by KFMB-TV 8 and Star
100.7 FM demonstrates the community commitment of companies such as Delimex,
Farmers Insurance Group of Companies, Florida Citrus Growers, KFMB-TV 8 and Star
100.7 FM, Kaiser Permanente, Office Depot and Sea World of California by being
corporate sponsors:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby proclaim the month of April 1996 as WALKAMERICA FOR
HEALTHIER BABIES MONTH and congratulate the thousands of volunteers and walkers
who will give of their time, energy and personal resources on WalkAmerica Day, April 27,
1996, so that every baby in San Diego County will be born healthy.
'Ie-I
PROCLAIMING THE MONTH OF APRIL 1996 AS
FAIR HOUSING MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, April 1996 marks the twenty-eighth anniversary of the Civil Rights Act
of 1968 which guarantees equal housing opportunities for all; and
WHEREAS, there are just laws at the state and national level which prohibit
discrimination in the sale, rental, marketing or financing of housing; and
WHEREAS, it is the solemn and sworn duty of government at all levels to protect
and defend the rights of all its citizens and oppose housing discrimination whenever and
wherever it occurs; and
WHEREAS, despite all of the laws and policies, segregated housing patterns and
barriers to equal housing access still remain:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby proclaim the month of April 1996 as FAIR HOUSING MONTH in
the City of Chula Vista.
J/~.I
Item:
Meeting Date: 04/09/96
r~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Special Orders of the Day - CIillLA VISTA EXPO '96
Director of Parks and Re:r[:on ?1 wt ?"j
City Manage~G\ ,~
(4/5ths Vote: Yes _ No ->
SUBMITTED BY:
REVIEWED BY:
On Saturday, April 13, 1996, the City of Chula Vista and the San Diego Unified Port District are
sponsoring CHULA VISTA EXPO '96. The Deputy Director of Recreation will make an oral
presentation to highlight for the Council, the events scheduled for the day.
The Honorable Mayor and City Council are invited to participate in the event. A commemorative T-shirt
with the EXPO '96 logo will be presented to each Councilmember.
[NETWORK:-A1l3 - exp096.113 March 2Q, 1<196]
1
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April 4, 1996
SUBJECT:
The Honorable Mayor and city counc~f,
John D. Goss, city Manager~~~~\
city council Meeting of April 9, 1~
TO:
FROM:
This will transmit the agenda and related materials for the regular
city Council meeting of Tuesday, April 9, 1996. Comments regarding
the written communications are as follows:
5a. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the City Council
in Closed Session on March 6, 1996.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT AMIRA WALKER'S RESIGNATION FROM THE
INTERNATIONAL FRIENDSHIP COMMISSION BE ACCEPTED WITH REGRET
AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING
TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
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ClN OF
CHULA VISTA
OFFICE OF THE CITY A TIORNEY
Date:
April 2, 1996
From:
Bruce M. Boogaard, city
city Council
of the Re<})~ifopment Agency
Attorney l ~Wl)
To:
The Honorable Mayor and
The Chairman and Members
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 3/26/96
The City Council met in Closed Session to discuss pending
litigation re Christopher v. the City of Chula Vista: Chula vista
and nine other cities v. The county of San Diego regarding trash
litigation: prospective litigation involving park issues with
EastLake Development Company: SNMB, L.P. v. City of Chula vista
regarding pending MCA litigationJand a threat of litigation from
Associated General Contractors of San Diego re the Asphalt Overlay
Project. The Redevelopment Agency discussed the proposed sale of
property at 753 Broadway.
The city Attorney and General Legal Counsel for the Agency hereby
reports to the best of his knowledge from observance of actions
taken in the Closed Session of March 26, 1996, there were no
actions that are required to be reported under the Brown Act.
BMB:lgk
C:\lt\clossess.no
5..-1
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
.'}~:~ PosI~IIto..)dOOP~
RECEIVED
'96 IN 25 p 3 :;a
.Y. .If CTlUlA VISl!
IIR1 CL Eftf<.S OffIC r
March
""
,,-,,-',
1996.
Mayor Shirley A. Horton
Chula Vista. Ca
Honorable Mayor Horton:
This letter is to inform you. that I must regretfully resign to
the appointment .)f Commissioner of the InternatIonal Friendship
Corr@ission. due to a change in my work schedule. And because of
the nature of my job, I cannot attend the meetings.
I want t) thank you for havIng appointed me to the International
Friendship '~ommission. And hopefully in the future. I will be
able to serve the corr@unity of Chula Vista again when my time
allows it.
I want to thank you once more for letting me serve the City of
Chula ViSU1.
Sincerely.
~
~~~.~
~ c:::-~~
AMIRA WALKER
cc President. IFC
cc City Clerk ~
cc Mary Chapman. Secretary
cc ;.
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COUNCIL AGENDA STATEMENT
REVIEWED BY:
'18m No., :Y 0 'il
M..lio. D.: ? /1jt
:J."~ Y . ",,'If) ,
Ordinance Amending Chapter 10.80,,~MhE? Chula
Vista Municipal Code relating to abt.qgon'gd vehicles.
O~\)
,,:>,,-C
Director of BUi21 andA"~ou~0~\;.
City Manager ~, f'\"l ;t (4/5ths Vote: Yes No L)
(
ITEM TITLE:
SUBMITTED BY:
Chapter 10.80 of the Municipal Code establishes specific requirements and procedural
steps for the abatement and removal of wrecked, inoperable, or abandoned vehicles
from any private or public property, not including highways. Chapter 10.80 has
continued to serve as the basis for code enforcement efforts in this area, and has
helped preserve our community by ensuring that vehicles are not stored or repaired in
a manner that creates a public nuisance.
In order to improve the City's code enforcement capabilities, staff is recommending five
changes to Chapter 10.80 of the Municipal Code. These changes will streamline the
abatement process, and ensure compatibility with the modifications regarding vehicle
abatement in the 1995 California Vehicle Code.
1) Section 10.80.080 chances by specifying the Board of Appeals and
Advisors, instead of the City Council, as the body to hear appeals of
abatement notices issued for abandoned or inoperable vehicles. This
change is consistent with the 1995 California Vehicle Code which allows
the governing body of any city to designate a board or an official to hear
abandoned/inoperative vehicle appeals. Within San Diego County, the
cities of Carlsbad, Del Mar, and San Diego have designated a body, other
than the City Council, to hear such appeal.s.
2) Section 10.80.060 chances the method of notification of abatement
actions to certified mail rather than registered mail ($2.20/unit vs.
$5.95/unit). This cost reduction measure is permissible under Section
22661(d) of the 1995 California Vehicle Code.
3) Section 10.80.030(A) chances by the addition of specific wording
1
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clarifying the suitability of a six foot high solid fence, gate or wall to screen
inoperative, or otherwise dismantled vehicles and parts from being readily
visible when being stored on residential property.
4) Section 10.80.020(E) clarifies the definition of Building Official as the Director
of Building and Housing.
5) Section 10.80.020(F) defines the term, "city abatement officer" to be
consistent with similar language found in Chapter 1.30 of the Municipal Code.
RECOMMENDATION: THAT THE CITY COUNCIL APPROVE THE AMENDMENTS
TO CHAPTER 10.80 OF THE MUNICIPAL CODE BY PLACING THE ORDINANCE ON
THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION:
The Board of Appeals and Advisors met in regular session on September 18, 1995, and
unanimously approved the aforementioned amendments to the Municipal Code.
DISCUSSION:
The proposed change designating the Board of Appeals and Advisors as the appellate
body for vehicle abatement in lieu of the City Council is fully consistent with appeal and
due process requirements of the 1995 California Vehicle Code, Section 22661. This
level of appeal is compatible with the issues heard by the Board of Appeals, in that
vehicle abatement involves aspects of code enforcement which the Board is already
familiar with. In the past, there have been significant vehicle abatement cases where
staff has exercised flexibility by working closely with property owners in lieu of taking
such concerns before the City Council. Staff believes this will lead to improved
communications between residents and the City, since many individuals associated with
abandoned/inoperative vehicles would feel more inclined to disclose their concerns to
an Appeals Board, rather than to do so at a televised City Council meeting.
The change in posting the noticing requirements from registered to certified mail is
authorized under the same section of the California Vehicle Code, and is designed to
expedite public noticing of appeals and also reduce costs. A majority of San Diego
County jurisdictions use certified mail for such notices now. There is also less staff
time required in posting certified mail.
The proposed change to Section 10.80.030 adds a sentence spelling out the suitability
of a solid six foot high fence or wall as a method of shielding inoperative vehicles from
being readily visible from the public right-of-way. This proposed change provides
clarification of language currently within the Chula Vista Municipal Code.
Each of the proposed modifications to the Chula Vista Municipal Code, Chapter 10.80,
have been reviewed by the City Attorney's Office and the Police Department for legal
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application and procedural consistency with each respective entity, and each concur
with the proposed modifications.
FISCAL IMPACT: The change in noticing requirements from registered mail to
certified mail will result in an estimated annual savings to the Department of $600.00
in postage.
Att: CVMC. Chapter 10.80 proposed revisions
NISHAREDIBlD_HSGIOOREVA11
i
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V ORDINANCE NO. ')'I-~ r ><f>1"O'i-
~h AN ORDINANCE OF THE CITY OF CHUL..v~STA,
:;:11 CALIFORNIA AMENDING CHAPTER 1~" OF THE
\9-(, CHULA VISTA MUNICIPAL CODE#EtATING TO
~ ABANDONED VEHICLES d''''\)
~ c:>"vv
TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
(
SECfION I. That Chapter 10.80 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Sections:
10.80.010
10.28.020
10.28.030
10.28.040
10.28.050
10.28.060
10.28.070
10.28.080
10.28.090
10.80.100
10.80.110
10.80.120
10.80.010
Chapter 10.80
Abandoned Vehicles
Purpose and intent of provisions. Vehicle declared nuisance when.
Definitions.
Exemptions from applicability. Scope.
Regulations not exclusive.
Enforcement authority. Right of entry for examination.
Abatement - Costs - Procedure generally. Notices required - Form.
Abatement . Public hearing required when - Notice - Zoning
EnfoFttlRent OAtteF Bundin!! Official or his or her desimee authority.
Appeal of decision. Public hearing - Notice - Ci~' COllnEn Board of
Appeals and Advisors authority.
Disposal of vehicle - Time requirements.
Notification and transfer of evidence required when.
Costs. Assessment and collection procedures.
Removal of vehicles from streets authorized when.
Purpose and Intent of provisions - Vehicle declared nuisance when.
The purpose and intent of the Council in adopting Sections 10.80.010 through
1O.80.m !1Q is to establish procedures in accordance with the provisions of Section 22660
of the California Vehicle Code for the abatement, removal and dismantling as public
nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from
private property or public property, not including highways, and the recovery of the cost of
administration and removal thereof pursuant to the provisions of Section 38773.5 of the
Government Code of the State of California. In addition to and in accordance with the
determination made and the authority granted by the State of California under Section
22660 of the Vehicle Code of the State of California to remove abandoned, wrecked,
(
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Ordinance No.
Page 2
dismantled or inoperative vehicles or parts thereof as public nuisances, the City makes the
following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof on private or public property not
including highways is found to create a condition tending to reduce the value
of private property, to promote blight and deterioration, to invite plundering,
to create fire hazards, to constitute an attractive nuisance creating a hazard
to the health and safety of minors, to create a harborage for rodents and
insects and to be injurious to the health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled or inoperative
vehicle or parts thereof, on private or public property not including highways,
except as expressly hereinafter permitted, is declared to constitute a public
nuisance which may be abated as such in accordance with the provisions of
Sections 10.80.010 through 10.80.m !1Q.
10.80.020
Definitions.
As used in Sections 10.80.010 through 10.80.m !1Q, the following terms and phrases
shall be interpreted and construed as set forth herein:
A. "Highway" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. Highway includes street.
The term "public property" does not include "highway".
B. "Owner of the land" means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
C. "Owner of the vehicle" means the last registered owner, and legal owner of record.
D. "Vehicle" means a device by which any person or property may be propelled, moved
or drawn upon a highway, except a device moved by human power or used
exclusively upon stationary rails or tracks.
E. "Buildin Official" shall mean the Director of Buildin
-
desil!.nee.
t. "City abatement officer" shall be the City officer responsible for enforcement of the
ordinances bein violated and who initiall declares said violation to be a public
nuisance.
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Ordinance No.
Page 3
10.80.030
Exemptions from applicability - Scope.
The provisions of Sections 10.80.010 through 10.80.m .llQ shall not apply to:
A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful
manner. or otherwise stored in a lawful manner behind a solid fence. !!ate or wall not
less than six feet in height. and where it is not readilv visible from the street or other
public or private property; or
B. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler, licensed vehicle
dealer, a junk dealer, or when such storage or parking is necessary to the operation
of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private
nuisance as defined under the provisions of law other than Chapter lO (eelHlHeBeiBg
with SeetisB 22(;59) of Division H II of the Vehicle Code of the State of California,
and Sections 10.80.010 through lO.80.m llQ.
10.80.040
Regulations not exclusive.
The provisions of Sections 10.80.0lO through 10.80.m ill are not the exclusive
regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. They
shall supplement and be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the City, the State, or any other legal entity or agency
having jurisdiction.
10.80.050
Enforcement authority. Right of entry for examination.
Except as otherwise provided herein, the provisions of Sections 10.80.0lO through
10.80.HO llQ shall be administered and enforced by the zSRiBg eBfsreelHeBt sUieer ~
abatement officer. In the enforcement of the sections cited above, such officer and his
deputies may enter upon private or public property to examine a vehicle or parts thereof,
or obtain information as to the identity of a vehicle (and to remove or cause the removal
of a vehicle or parts thereof) declared to be a nuisance pursuant to the sections cited above,
in accord with right-of-entry provisions set forth in Section 1.16.010 of this code.
10.80.060
Abatement - Costs. Procedure generally. Notices required. Form.
(
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Ordinance No.
Page 4
A. When the City Council has contracted with or granted a franchise to any person or
persons, such person or persons shall be authorized to enter upon private property
or public property, in accord with right-of-entry provisions set forth in Section
1.16.010 of this Code, to remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to Sections 10.80.010 through 10.80.m .!1Q.
B. The City Council shall, from time to time, determine and fix an amount to be
assessed as administrative costs, excluding the actual cost of removal of any vehicle
or parts thereof, under the sections cited above.
C. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative
vehicle, or parts thereof, on private property or public property within the City, the
zaBiBg 6BfereemeRt affieer city abatement officer shall have the authority to cause
the abatement and removal thereof in accordance with the procedures prescribed
herein.
D. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a
public nuisance shall be mailed by registered certified mail to the owner of the land
and to the owner of the vehicle, unless the vehicle is in such condition that
identification numbers are not available to determine ownership. The notices of
intention shall be. in substantially the following forms:
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DlSMANTI..ED OR INOPERATIVE
VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE TO:
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land
located at (address of property), you are hereby notified that the
undersigned, pursuant to Artiele 23 af Chapter 19 Chapter 1.30 of
Title 1 of the Chula Vista Gtty Municipal Code has determined that
there exists upon said land an (or parts of an) abandoned, wrecked,
dismantled or inoperative vehicle, registered to (name of owner of
vehicle), license number , which constitutes a public nuisance
pursuant to the provisions of ,'\!"tiele 23 af Chapter 19 Chapter 1.30 of
Title 1 of the Gtty Municipal Code.
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said parts of a vehicle) within ten (10) days from the date
of mailing of this notice, and upon your failure to do so, the same will
be abated and removed by the City and the costs thereof, together with
administrative costs assessed to you as owner of the land on which said
~~-y
(
Ordinance No.
Page 5
vehicle (or said parts of a vehicle) is located.
As the owner of the land on which said vehicle (or said parts of a
vehicle) is located, you are hereby notified that you may, within ten
(10) days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the City CSllneil
Building Official or his or her designee within such ten (10) day
period, the zaning enfeTeement sWeeT city abatement officer shall
have the authority to abate and remove said vehicle (or said parts of
a vehicle) as a public nuisance and assess the costs as aforesaid
without a public hearing. You may submit a sworn written statement
with such ten (10) day period denying responsibility for the presence
of said vehicle (or said parts of a vehicle) on said land, with your
reasons for denial, and such statement shall be construed as a request
for hearing at which your presence is not required. You may appear
in person at any hearing requested by you or the owner of the vehicle,
or in lieu thereof, may present a sworn written statement as aforesaid
in time for consideration at such hearing.
Notice Mailed: (Date)
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE TO:
(Name and address of last registered and/or
legal owner of record of vehicle -
notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of
vehicle - make, model, license, etc.), you are hereby notified that the
undersigned, pursuant to Section 10.80.010, has determined that said
vehicle (or parts of a vehicle) exists as an abandoned, wrecked,
dismantled or inoperative vehicle at (describe location on public or
private property) and constitutes a public nuisance pursuant to the
provisions of said Code section.
(
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said parts of a vehicle) within ten (10) days from the date
of the mailing of this notice.
;fr'f ?-7
Ordinance No.
Page 6
As registered (and/or legal) owner of record of said vehicle (or said
parts of a vehicle), you are hereby notified that you may, within ten
(10) days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the zeBiBg
eBfareemeBt sffieer Buildinl! Official or his or her desie.nee within
such ten (10) day period, the zaBiBg eBfereemeBt affieer ~
abatement officer shall have the authority to abate and remove said
vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed: (Date)
10.80.070
Abatement - Public hearing required when - Notice - Z9BiRg eRfereemeRt
affieer Suildin!! Official or his or her desimee authority.
A. Upon request by the owner of the vehicle or the owner of the land received by the
zaRiBg eBfareemeBt ameer Buildine. Official or his or her desie.nee within ten days
after the mailing of the notice of intention to abate and remove, a public hearing
shall be held by the zaBiBg eBfereemeBt ameer Buildine. Official or his or her
desie.nee on the question of abatement and removal of the vehicle or parts thereof
as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of
the administrative costs and the cost of removal of the vehicle or parts thereof
against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for
the presence of the vehicle on his land within such ten-day period, said statement
shall be construed as a request for a hearing which does not require his presence.
Notice of the hearing shall be mailed by registered certified mail, at least ten days
before the hearing to the owner of the land and to the owner of the vehicle, unless
the vehicle is in such condition that identification numbers are not available to
determine ownership. If such a request for hearing is not received within said ten
days after mailing of the notice of intention to abate and remove, the City shall have
the authority to abate and remove the vehicle or parts thereof as a public nuisance
without holding a public hearing.
C. All hearings under Sections 10.80.010 through 10.80.m JlQ shall be held initially
before the zaBiBg eRfsreemeRt aUieer Buildine. Official or his or her desil!nee, who
shall hear all facts and testimony he deems pertinent. Said facts and testimony may
include testimony on the condition of the vehicle or parts thereof and the
circumstances concerning its location on said private property or public property.
The zaRing enfareement affieer Buildine. Official or his or her desie.nee shall not be
limited by the technical rules of evidence. The owner of the land may appear in
J:PY t-/O
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Ordinance No.
Page 7
person at the hearing or present a sworn written statement in time for consideration
at the hearing, and deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial.
D. The zSBiBg eBfsreemeBt sWeer BuildiDl! Official or his or her desismee may impose
such conditions and take such other action as he deems appropriate under the
circumstances to carry out the purpose of Sections 10.80.0lD through 10.80.-l-W llQ.
He may delay the time for removal of the vehicle or parts thereof if, in his opinion,
the circumstances justify it. At the conclusion of the public hearing, the Z9BiBg
eBferet1meRt sf-fieer Buildinl! Official or his or her desil!nee may find that a vehicle
or parts thereof has been abandoned, wrecked, dismantled or is inoperative on
private or public property and order the same removed from the property as a public
nuisance and disposed of as hereinafter provided and determine the administrative
costs and the cost of removal to be charged against the owner of the land. The
order requiring removal shall include a description of the vehicle or parts thereof
and the correct identification number and license number of the vehicle, if available
at the site. If it is determined at the hearing that the vehicle was placed on the land
without the consent of the owner of the land and that he has not subsequently
acquiesced in its presence, the zSBiRg eBfereemeBt sffieer Buildinl! Official or his or
her desil!nee shall not assess the costs of administration or removal of the vehicle
against the propetty upon which the vehicle is located or otherv.;se attempt to collect
such costs from such owner of the land. If the owner of the land submits a sworn
written statement denying responsibility for the presence of the vehicle on his land
but does not appear, or if an interested party makes a written presentation to the
zSBiBg eBfereemeut sffieer Buildinl! Official or his or her desil!nee but does not
appear, he shall be notified in writing of the decision.
10.80.080
Appeal of decision - Public Hearing - Notice - Cil3' CaDneil Board of Appeals
and Advisors authority.
Any interested party may appeal the decision of the zSBiBg eBfsreemeBt sffieer
Buildinl! Official or his or her desil!nee by filing a written notice of appeal with the ~
CS\lBeil Board of Appeals and Advisors within five days after his decision. Such appeal
shall be heard by the City CS\lueil Board of Appeals and Advisors which may affirm, amend
or reverse the order or take other action deemed appropriate. The City Clerlr Secretary to
the Board of Appeals and Advisors shall give written notice of the time and place of the
hearing of the appellant and those persons specified above. In conducting the hearing, the
City CS1iBeil Board of Appeals and Advisors shall not be limited by the technical rules of
evidence.
fIJ t -II
Ordinance No.
Page 8
10.80.090
Disposal of vehicle. Time requirements.
Five days after adoption of the order declaring the vehicle or parts thereof to be a
public nuisance, five days from the date of mailing of notice of tbe decision if sucb notice
is required by Sections 10.80.010 tbrougb to.80.m ill, or fifteen days after sucb action of
tbe governing body autborizing removal following appeal, tbe vebicle or parts tbereof may
be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vebicle
bas been removed it sball not tbereafter be reconstructed or made operable.
10.80.100
Notification and transfer of evidence required when.
Witbin five days after tbe date of removal of the vehicle or parts tbereof, notice sball
be given to tbe Department of Motor Vebicles identifying tbe vebicle or parts thereof
removed. At the same time there shall be transmitted to the Department of Motor Vebicles
any evidence of registration available, including registration certificates, certificates of title
and license plates.
10.80.110
Costs . Assessment and collection procedures.
If tbe administrative costs and tbe cost of removal wbicb are cbarged against the
owner of a parcel of land pursuant to Section 38771 et seq. of tbe Government Code and
Cbapter 1.30 of tbis code are not paid witbin tbirty days of the date of tbe order, or tbe
final disposition of an appeal therefrom, such costs shall be assessed against tbe parcel of
land pursuant to Section 38773.5 of tbe Government Code and sball be transmitted to tbe
tax collector for collection. Said assessment sball have tbe same priority as otber City taxes.
10.80.120
Removal of vehicles from streets authorized when.
Any regularly employed and salaried officer of the Police Department may remove
or cause to be removed:
A. Any vebicle wbicb is parked or left standing upon a street or higbway for seventy-two
or more consecutive bours;
B. Any vebicle wbicb is parked on a bigbway in violation of any provision of this title,
tbe Vebicle Code or other law or ordinance forbidding standing or parking, wben the
use of sucb bigbway or a portion tbereof is necessary for tbe cleaning, repair or
construction of tbe bigbway or for tbe installation of underground utilities, and signs
giving notice tbat sucb vehicle may be removed are erected and placed at least
twenty-four bours prior to tbe removal;
~ .? -/2
Ordinance No.
Page 9
C. Any vehicle parked upon a highway which has been authorized by the Councilor
other competent authority for a purpose other tban tbe normal flow of tr<!ffic, or for
the movement of equipment, articles or structures of unusual size, and the parking
of said vehicle would prohibit or interfere with such use or movement, providing that
signs giving notice that such vehicle may be removed are erected or placed at least
twenty-four hours prior to the removal of such vehicle;
D. Any vehicle parked or left standing, when the City Council by resolution or
ordinance has prohibited such parking and has authorized the removal by ordinance.
No vehicle may be removed unless signs are posted giving notice of the removal.
Section II. Effective Date.
This ordinance shall take effect and be in force on the thirtieth day from and after
its passage and approval.
Presented by
'X 0 b~
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
Bruce M. Boogaa
City Attorney
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COUNCIL AGENDA STATEMENT
ITEM 1
MEETING DATE: 4/9/96
SUBMITTED BY:
Resolution J 6'.t Iftccepting Federal Library Services and Construction
Act Grant funds for the purchase oflibrary reference resources,
appropriating funds and amending the FY 1995-96 budget.
Library Directo~
(4/5th Vote: Yes----X-No---1
ITEM TITLE:
REVIEWED BY: City Manager ~
For the sixth consecutive year, the California State Library has approved the Chula Vista Public
Library's application for Major Urban Resource Library (MURL) funds. These funds are available
to libraries serving cities having a population of 100,000 or more and are awarded on a per capita
calculation based on the population and funding levels provided by the United States Department
Education. These libraries must also participate in the California Library Services Act (CLSA)
database and statewide inter-library loan programs. In FY 1995-96 the grant amount is $12,032.
These funds will be purchase current business and financial services as well as enhance the career and
job seeking materials collection.
RECOMMENDATION: That Council adopt the resolution, appropriate the funds and amend the
FY 1995-96 budget.
BOARD/COMMISSION RECOMMENDATION:
September 27, 1995, voted to support the Library's
(ATTACHMENT A)
The Library Board, at their meeting of
application for MURL grant funds.
DISCUSSION:
As the Chula Vista Public Library is a City agency serving a resident population of over 100,000, it
has been designated a Major Urban Resource Library (MURL) and is, therefore, eligible for these
funds. On December 5, 1995 the City Council approved the Library's application for MURL funds.
MURL funds were awarded to the Chula Vista Public Library in FY 1990-91, 1991-92, 1992-93,
1993-94, and 1994-95. It is the Library's intent to use the 1995-96 funds to strengthen the collection
of business and financial resources as well as the collection of career and job seeking materials for the
users of the Chula Vista Public Library. As required by the grant the Collection Development
Librarian or another designated librarian will attend a seminar as part of the MURL program.
Regional collection development will be discussed at this meeting. Funds to support participation at
this event will be drawn from the grant itself
7...}
Page 2, Item~
Meeting Date: 4/9/96
FISCAL IMPACT:
Accepting the grant will provide a total of$12,032 to the City's General fund and this amount will
be deposited into revenue account 260-3654 and appropriated into the following accounts:
260-2620-5328 - $11,432 Reference Books
260-2620-5221 - 600 Travel
?-.2.
RESOLUTION NO.
I 8".1. '" I,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FEDERAL LIBRARY SERVICES
AND CONSTRUCTION ACT GRANT FUNDS FOR THE
PURCHASE OF LIBRARY REFERENCE RESOURCES,
APPROPRIATING FUNDS AND AMENDING THE FY 1995-
96 BUDGET
WHEREAS, for the sixth consecutive year, the California
State Library has approved the Chula Vista Public Library's
application for Major Urban Resource Library (MURL) funds; and
WHEREAS, said funds are available to libraries serving
cities having a population of 100,000 or more and are awarded on a
per capita calculation based on the population and funding levels
provided by the United States Department of Education; and
WHEREAS, these libraries must
California Library Services Act (CLSA)
inter-library loan programs; and
WHEREAS, in FY 1995-96, the grant amount is $12,032 which
funds will purchase current business and financial services as well
as enhance the career and job seeking materials collection; and
also participate in the
database and statewide
WHEREAS, the Library Board, at its meeting of September
27, 1995, voted to support the Library's application for MURL grant
funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept federal Library Services
and Construction Act grant funds for the purchase of library
reference resources.
BE IT FURTHER RESOLVED that the grant will provide
$12,032 to the City's General Fund, which will be deposited into
revenue account 260-3654 and appropriated as follows: $11,432 into
Account 260-2620-5328 (Reference Books) and $600 into Account 260-
2620-5221 (Travel).
Presented by
ed
ar O~ 2Q
, city
David Palmer, Library Director
c: \rs\.url
7-:/7-1
ATTACHMENT A
Library Board of Trustees
-2-
September 27, 1995
to Read" statement. The Board also discussed some of the points raised in
the articles on intellectual rreedom sent with the Board packet.
MSUC (AIexander/WiIliams) to affirm the Library Bill of Rights and
Freedom to Read statement
B. FY 1995-96 Budget - Furloughs
Library Director Palmer reported that, as a result of the FY 1995-96
budget process, the City would institute a furlough during the week
between Christmas and New Years. Although most City departments will
be closed that week, certain agencies such as Police, Fire and the Library
have been declared "essential services" and will remain open.
However, the Library has recommended that open hours at the Civic
Center Library be reduced to a single shift during this period. This single
shift will compliment the open hours at the South Chula Vista Library. The
Board's consensus was that this was a reasonable approach.
III. NEW BUSINESS
ACTION
A.
Meeting Schedule
MSUC (Viesca/Williams) to approve the 1995-96 Library Board meeting
schedule.
B. Goals and Objectives Workshop
Materials involving the Goals and Objectives Workshop were distributed in
the Board package.
ACTION
C.
1995-96 Murl Grant Application
MSUC (Donovan!Williams) to support the Library's application for MURL
funds.
ACTION
D.
EastLake
Director Palmer asked that the Library Board approve the time line for
renewing the EastLake joint library agreement. Trustees will be required
to make a recommendation on the continued operation of the EastLake
'l--f
COUNCIL AGENDA STATEMENT
Item "
Meeting Date 4/9/96
ITEM TITLE: Resolution ".1. "I7aUthoriZing temporary street closures on May 2S, 1996,
for a SK/lOK road race sponsored by the Bonita Road Runners
SUBMITTED BY: Chief of Police ~"" tW"
Director of Parks and Recr~~i~n'W
REVIEWED BY: City ManagerJ~ ~ ~\ (4/5ths Vote: Yes _ No ..xJ
The Bonita Road Runners organization is reqUesting permission to conduct a SK and lOK road race
around Rohr Park on Saturday, May 2S, 1996.
RECOMMENDATION: That the City Council approve the Resolution subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Bonita Roadrunners organization (sponsor) is requesting permission to conduct their
12th annual road race on Saturday, May 2S, 1996. The race will be conducted on the streets surrounding
Rohr Park, including Sweetwater Road, Bonita Road, Central Avenue and Willow Street. A map of the
proposed race route is attached (Attachment A).
The SK race will start at 7:30 AM, and the lOK race will begin at approximately 8: IS AM. The sponsor
is expecting approximately 4S0 participants, and anticipates that City streets will be cleared by
approximately 9:30 AM.
The sponsor is requesting support from the Chula Vista Police Department to coordinate traffic control
for the event. This control will include temporary street closures that will result in temporary traffic
delays on Willow Street and Sweetwater Road. The sponsor has requested that the north bound lane of
Willow Street be closed to vehicular traffic during most of the race to allow race participants a better
corridor of safety as they cross the Willow Street bridge. The Police Department will monitor traffic in
this area, and will allow for single lane traffic flow both north and south bound on an alternating basis.
Sweetwater Road will be closed temporarily on two occasions to allow for the start of both the races.
Traffic should not be affected on Central and Bonita, All costs associated with this support will be paid
by the Race Sponsor.
The sponsor is also requesting support from the Parks and Recreation Department to help them facilitate
parking and pre-and post race activities in Rohr Park. The sponsor will pay for all staff costs incurred
by the Department.
Approval of the request shall be subject to the following staff conditions, The Bonita Roadrunners shall:
NETWORK~At 13-BONITA5K.96
1
'i"/
Item
Meeting Date 4/9/96
8'
1. Provide evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement, which names the City of Chula Vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control and traffic control equipment along the
entire race course, as determined by the Police Department. The cost for said arrangements will
be reimbursed to the City by the sponsor.
4. Make arrangements to provide adequate parking control, and crowd control, as determined by
the Police Department. The cost for said arrangements will be reimbursed to the City by the
sponsor.
5. Make arrangements to clean-up any litter generated by the event along all roadways and in Rohr
Park.
6. Post signage along the perimeter of the course notifying residents that the event will occur. Said
signage shall be posted at least 72 hours in advance of the event.
FISCAL IMPACT: None. All required Police and Parks and Recreation Department costs will be
paid for by the Bonita Roadrunners. Estimated costs are indicated below. Actual costs will be
determined following the event, and the sponsor will be billed for services provided.
Parks and Recreation - $90.00
Police - $800.00
Attachment: "A" - Site Diagram
NETWORK.A113.BONITA5K.96 2
8")'
RESOLUTION NO.
Jr,1.~?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MAY 25, 1996, FOR A 5K/l0K ROAD
RACE SPONSORED BY THE BONITA ROAD RUNNERS
WHEREAS, the Bonita Road Runners organization is
requesting permission to conduct a 5K and 10K road race around Rohr
Park on Saturday, May 25, 1996; and
WHEREAS, a large portion of the race is to be conducted
on the streets surrounding Rohr Park, including Sweetwater Road,
Bonita Road, Central Avenue and Willow Road; and
WHEREAS, the 5K race will start at 7:30 A.M., and the 10K
race will begin at approximately 8:15 A.M. with the approximately
450 participants expecting to complete the races and be clear of
City streets by 9:30 A.M.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize temporary street
closures on May 25, 1996 for a 5K/10K road race sponsored by the
Bonita Road Runners subject to the following staff conditions:
1. Provide evidence of general liability insurance in the amount
of $1 million, in the form of a certificate of insurance and
policy endorsement, which names the City of Chula Vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along
the entire race course, as determined by the Police
Department. The cost for said arrangements will be reimbursed
to the City by the sponsor.
4. Make arrangements to provide adequate parking control, and
crowd control, as determined by the Police Department. The
cost for said arrangements will be reimbursed to the City by
the sponsor.
5. Make arrangements to clean-up any litter generated by the
event along all roadways and in Rohr Park.
6.
Post signage along the perimeter of
residents that the event will occur.
posted at least 72 hours in advan of
the course notifying
Said signage shall be
the e nt.
Presented by
tfm:Q
ity
Jess Valenzuela, Director of
Parks and Recreation
Bruce M.
Attorney
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item1
Meeting Date 4/9/96
Resolution 18'.2 YB:pproving agreement between County of San Diego
and City of Chula Vista for public transportation services for FY 1996-97
Director of Public Works.~
City Manage~ ~ ~
(4/5ths Vote: Yes_NoX)
SUBMITTED BY:
REVIEWED BY:
This agreement authorizes the City of Chula Vista to claim $105,799 of County of San Diego
Transportation Development Act (TDA) Article 4.0 funds for provision of Chula Vista Transit
(CVT) service in the unincorporated area of the County.
RECOMMENDATION: That Council approve resolution approving agreement with the County
of San Diego for public transportation services for FY 1996-97.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This agreement authorizes the City ofChula Vista to claim $105,799 of County TDA Article 4.0
fimds for CVT service provided by Routes 705 and 711 in the unincorporated area during FY 1996-
97. Route 705 operates between the BaYITont Trolley Station and Southwestern College. Route 711
operates between Plaza Bonita and EastLake. Both these routes pass through unincorporated areas
ITom their origin points to their destinations.
The estimated net cost (gross operating cost minus revenue credit) for CVT service in the County
next fiscal year is $105,799, a 6% increase from this fiscal year's cost of $99, 743. This agreement
estimates a gross CVT cost per mile of$2.93, estimated 67,890 passengers, and total revenue credit
of $40,055 (based on $0.59 per passenger). The $105,799 represents full cost recovery for CVT
service in the unincorporated areas, and includes the FY 1996-97 San Diego Transit contract cost
for CVT operation approved by Council on February 6,1996.
FISCAL IMPACT: This agreement will authorize the City ofChula Vista to claim $105,799 of
County of San Diego TDA Article 4.0 fimds for CVT service in FY 1996-97.
WMG:File OS-027
M:\HO:ME\ENGINEER\AGENDA\TRANAGMf.BG
9-1 );-~
RESOLUTION NO.
Ir.t'll'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN COUNTY
OF SAN DIEGO AND CITY OF CHULA VISTA FOR
PUBLIC TRANSPORTATION SERVICES FOR FY 1996-97,
AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, this agreement authorizes the City of Chula
vista to claim $105,799 in County TDA Article 4.0 funds for
provisions of Chula vista Transit (CVT) service in the
unincorporated area of the County; and,
WHEREAS, the estimated net cost (gross operating cost
minus revenue credit) for CVT service in the County next fiscal
year is $105,799; and,
WHEREAS, this agreement estimates a gross CVT cost per
mile of $2.93, estimated 67,890 passengers, and total revenue
credit of $40,055 (based on $0.59 per passenger).
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Agreement between
the County of San Diego and the City of Chula Vista for Public
Transportation Services for FY 1996-97, a copy of which is on file
in the office of the City Clerk as Document No. (to be
completed by the City Clerk in the final document).
. BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by AP~~ed as to
'~
~Bruce M. Boogaa , City
Attorney
or})
John P. Lippitt, Director of
Public Works
c:\RS\TDA40.AGM
9-3/7'-1'
AGREEMENT BETWEEN COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORT A TION SERVICES
FOR FY 1996-97
THIS AGREEMENT is entered into by and between the County of San Diego hereinafter
called "COUNTY" and the City ofChula Vista, hereinafter called "OPERATOR".
RE.!::.IT ALS,
WHEREAS, COUNTY is desirous of providing public transit service to areas within the
jurisdiction of the COUNTY; and
WHEREAS, the City of Chula Vista is the OPERATOR of Chula Vista Transit; and
WHEREAS, OPERATOR has the knowledge and expertise to provide the service desired
by the COUNTY; and
WHEREAS, COUNTY recognizes the value of the service to be provided by OPERATOR
to its citizens and is willing to contract with OPERATOR to provide transportation service within
the unincorporated area of the COUNTY; and
WHEREAS, Public Utilities Code, Section 99288, authorizes COUNTY and OPERA TOR
to enter into a contract for OPERA TOR to provide such public transportation service for the benefit
of the COUNTY and permitting OPERATOR, when such contract is entered into, to claim for local
transportation purposes, from the Local Transportation Fund, the apportionment of the COUNTY
or so much thereof as may be agreed upon, in the manner provided in Article 4 (commencing at
Section 99260) of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. 11, Div. 10 of the Public Utilities
Code);
NOW, THEREFORE, COUNTY and OPERATOR mutually agree as follows:
Public Transportation Services Agreement
F:\home\engineer\bilIg\177J .96
9-f
Page 1
1. PUBLIC TRANSPORTATION
1.1. Public Transportation Services to be Provided
OPERA TOR shall provide public transportation services for the benefit of residents
of and visitors to COUNTY, upon those routes, during those times, and at the level of service
specified in Exhibit A.
1.2. Passenszer Counts
OPERATOR shall perform at least once annually, a one-day count of passengers
boarding and departing the services provided under this Agreement. The number of counts and
specific methods of counting will be determined by the OPERA TOR, upon consultation with the
COUNTY, and in conjunction with the regional transit passenger counting program, where
practicable. A report summarizing the results of the count will be submitted to the COUNTY.
2. TERM OF AGREEMENT
2.1.
Base Term
The term of this Agreement is from July I, 1996 through June 30,1997,
unless terminated earlier as provided herein.
3. COMPENSATION FOR SERVICES
3.1. Claim - OPERA TOR may, without further authorization, include in any claim filed with
the Local Transportation Planning Agency of San Diego County under the provisions of Article 4
(commencing with Section 99260) of the Mills-Alquist-Deddeh Act eCho 4, Pt. II. Div. 10 of the
Public Utilities Code), an amount up to but not exceeding $105,799 of the apportionment to the
unincorporated area of the COUNTY for FY 1996-97.
3.2. Service Actually Performed - OPERATOR shall be compensated for service provided
under this Agreement. If OPERATOR performs only a portion of the services described in Exhibit
A of this Agreement, OPERA TOR shall be paid an amount equal to the unit of service actually
provided.
.1..1. It is estimated that in FY 1996-97 OPERA TOR shall be compensated based on the
estimated net operating cost for services as described in Exhibit A.
.lJ....L If COUNTY and OPERATOR agree to change the level or type of service
provided for in this Agreement, or there is a change in the level of service provided by OPERATOR
due to strike, civil disaster or other public calamity, COUNTY and OPERA TOR shall negotiate a
mutually agreeable cost rate for the specific additional or reduced service provided.
Public Transportation Services Agreement
F:\home\engineer\billg\I771.96
Page 2
9"~
l..3...2. OPERATOR shall revise and update Exhibit A annually. The level of public
transit service and the rate(s) for service shall be provided by OPERA TOR to COUNTY for approval
at least 90 calendar days prior to the beginning of any fiscal year covered by this Agreement.
3.4. Periodic Payments - OPERATOR shall be compensated by periodic payments in
advance from the San Diego Association of Governments (SANDAG), the Local Transportation
Planning Agency of San Diego County.
li If the amount allocated to OPERATOR by the Local Transportation Planning Agency
is insufficient to meet the cost of services as described in Exhibit A, OPERA TOR shall immediately
notifY COUNTY. In that event, COUNTY agrees that this Agreement shall be amended to reduce
the services provided or to pay OPERA TOR from other sources the amount necessary to meet the
cost of services as described in Exhibits A and B.
4. INSURANCE
ti OPERA TOR, through its Agreement with its contractor, shall produce the following
insurance, which may contain self insurance retentions:
tl...L Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount of $10,000,000 naming the COUNTY and its employees and
officers as additional insureds. This coverage shall include Comprehensive General Liability
Insurance including contractual liability , and personal injury liability.
:t,2." On or before July I, 1996, OPERA TOR shall provide COUNTY a complete copy of
OPERA TOR's contractor's Certificate ofInsurance indicating that the insurance required above has
been obtained. OPERA TOR shall give COUNTY 30 calendar days written notice of cancellation
or material change required by the insurance company in the insurance coverage required by this
Agreement.
1..l. Occurrence means any event or related exposure to conditions which results in
bodily injury or property damage.
4.4. Neither OPERATOR nor its contractors shall cancel or materially change any of the
required insurance coverages.
5. AUDIT
il At any time during normal business hours and as often as COUNTY may deem
necessary, OPERATOR shall make available to COUNTY for examination all of its records with
respect to all matters covered by this Agreement, shall permit COUNTY to audit, examine and make
excerpts of transcripts of such records, and shall permit COUNTY to perform audit procedures as
deemed necessary with respect to all invoices, payrolls, equipment, materials, and other data relating
to matters covered by this Agreement.
Public Transportation Services Agreement
F:\bome\engineer\billg\ 1771.96
9-J
Page 3
6. INDEMNITY
JlJ., Except as may be provided otherwise in the Agreement, OPERA TOR shall investigate,
indemnifY, defend and hold harmless the COUNTY, its officers, agents and employees trom any and
all claims, demands, loss or liability of any kind or nature whether real or alleged which COUNTY,
its officers, agents and employees may sustain or incur, or which may be imposed upon any kind of
or for any acts or omissions by OPERATOR, its officers, agents or employees hereunder.
7. WHEN RIGHTS AND REMEDIES NOT WAIVED
In no event shall any payment by the Local Transportation Planning Agency as provided
herein constitute or be construed to be a waiver by COUNTY of any breach of conditions or any
default which may then exist. The existence of any such breach or default shall in no way impair
or prejudice any right or remedy available to COUNTY with respect to such breach or default.
8. INTEGRATED DOCUMENT
II This document, including Exhibit A embodies the entire Agreement between COUNTY
and OPERA TOR for the transportation service described herein and the terms and conditions. No
verbal agreements or conversation with any officer, agent or employee of COUNTY prior to the
execution of this Agreement shall affect or modifY any of the terms or obligations contained in any
documents comprising this Agreement. No such verbal agreement shall bind COUNTY.
U. This Agreement may be changed only by a written amendment signed by both parties.
9. SEVERABILITY OF PROVISIONS
If any provisions of this Agreement are held to be invalid, the remainder of this Agreement
shall not be affected, provided the remainder conforms to the terms and requirements of applicable
law.
10. TERMINATION
10.1. COUNTY may terminate this Agreement at any time for reasonable cause, defined as
the failure by OPERA TOR to substantially perform in accordance with the terms and conditions of
this Agreement, by giving written notice to OPERA TOR of such termination and specifying the
effective date thereof, at least 90 days before the effective date of such termination. OPERA TOR
may terminate this Agreement at any time for failure by COUNTY to substantially perform in
accordance with the terms and conditions of this Agreement by giving written notice to COUNTY
of such termination and specifYing the effective date thereof, at least 90 days before the effective
date of such termination.
Public Transportation Services Agreement
F:\home\engineer\billg\I77] .96
9"8'
Page 4
.l.Q.2.... During the time between the written notice of tennination and the effective date of
tennination, both parties shall work toward remedying the cause or reasons for the intent to
tenninate. If COUNTY tenninates this Agreement without cause, COUNTY shall pay all settlement
costs, claims and attorneys arising out of such tennination.
11. INDEPENDENT CONTRACTOR
For purpose of this Agreement, OPERA TOR is an independent contractor, and no employee
of OPERATOR is, for purposes of this Agreement, an employee of COUNTY.
12. BUS STOPS
12.1. Specific bus stops shall be established by agreement with COUNTY.
13. REPRESENTATIVES OF CITY
.u...L The County's Director of Public Works or designated representatives shall represent
COUNTY in all matters pertaining to this Agreement and shall administer this Agreement on behalf
of the COUNTY.
14. EOUAL OPPORTUNITY AND AFFIRMATIVE ACTION
14.1. In perfonning under this Agreement, OPERATOR and COUNTY shall not
discriminate against any employee or applicant for employment because of race, creed, color, sex,
or national origin. This perfonnance shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment advertising, layoff or tennination, rates of
payor other fonns of compensation, and selection for training, including apprenticeship.
15. NOTICE
l2J... All notices and communications with respect to this Agreement shall be effective upon
mailing thereof by registered or certified mail (return receipt requested) and addressed as follows:
OPERA TOR
City of Chula Vista
707 "F" Street
Chula Vista, CA 91910
A TTN: Bill Gustafson, Transit Coordina-
tor
COUNTY
County Dept. of Public Works
9335 Hazard Way, Suite 104, MS 0386
San Diego, CA 92123
A TTN: Larry Watt, Principal Transportation Spe-
cialist
Public Transportation Services Agreement
F"\home\engineer\billg\ 1771.96
,..,
Page 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective representatives thereunto duly authorized on this _ day of ~1996.
CITY OF CHULA VISTA
By
By
Mayor
Attest
City Clerk
APPROVED AS TO FORM
COUNTY OF SAN DIEGO
By
By
County Counsel
Clerk of the Board of
Supervisors
Public Transportation Services Agreement
F:\home\engineer\billg\1771.96
~../O
Page 6
EXHIBIT A
Gross Cost @ Projected Pas- Revenue Credit @
Route Miles $2.93 Mile sengers $0.59/Passenger Net Cost
705 22,304 $65,351 38,960 $22,986 $42;365
711 25,756 $75,465 28,930 $17,069 $58,396
SERVICE AND COST SUMMARY
FISCAL YEAR 1996-97
COUNTY OF SAN DIEGO BUS SERVICE
CHULA VISTA TRANSIT
Subtotal TDA Subsidy:
5% Administrative Pass-Through Claim:
TOTAL TDA AMOUNT:
$100,761
$5,038
$105,799
Route Descriotion
Route 705: Enter County on Bonita Road, eastbound, at the intersection of Bonita Road and
Lynnwood Drive to the Chula Vista City limit line at the eastern boundary of Glen
Abbey Cemetery on Bonita Road. The inbound trip follows the same route in the
opposite direction.
Route 711: From Plaza Bonita, enter County at the intersection of Plaza Bonita Road and Bonita
Mesa Road, east of Bonita Mesa Road, north of Mesa Vista Road, east on
Sweetwater Road, south on Willow and to the Chula Vista City limit line. Re-enter
County on Bonita Road about one-fourth mile east of Otay Lakes Road, turn
northeast on Central Avenue, south on Corral Canyon Road, and enter Chula Vista
City limit at a point approximately 400 feet north of County Vista Lane. The
inbound trip follows the same route in the opposite direction.
Public Transportation Services Agreement
F"\home\engineer\billg\1771.96
9..//
Page 7
EXHIBIT B
ROUTE ANALYSIS
ANNUAL MILEAGE
FY 1996-97
Roundtrip No. of No. of Route Total Gross Cost @
Route No. Miles Trips Days Mileage Mileage $2.93/Mile
705:
Weekdays 2.67 26 254 17,633
Saturdays 2.67 18 53 2,548
Sundays 2.67 15 53 2,123
22,304 $65,351
711:
Weekdays 7.8 13 254 25,756 25,756 $75,465
TOTALS $140,816
Revenue Credit @
Route Passengers $0.59/Passenger
705 38,960 $22,986
711 28,930 $17,069
TOTAL 67,890 $40,055
PROJECTED RIDERSHIP AND REVENUE
Public Transportation Services Agreement
F:\home\engineer\billg\1771.96
Page 8
9~ /,:2..
COUNCIL AGENDA STATEMENT
Item /1)
Meeting Date 4/9/96
ITEM TITLE:
Public hearing on the improvement of Fourth Avenue between Kittiwake
Lane and Chula Vista Adult School
SUBMITTED BY:
Director of Public Works /" (If:
City ManagerJGt ~ ~
(4/Sths Vote: Yes_NoX)
REVIEWED BY:
On May 14, 1991, Council approved Resolution No. 16155 (Exhibit A) approving agreements
between the City and thirteen affected property owners along both sides of Fourth A venue between
Kittiwake Lane and Chula Vista Adult School. The agreements granted public street easements to
the City for the construction of the improvements and required the City to hold a public hearing upon
the completion of the project to assure that the property owners had received their on-site
improvements in exchange for the subject easements.
RECOMMENDATION: That Council: 1) Hold a public hearing on the improvement of Fourth
Avenue nom Kittiwake Lane and Chula Vista Adult School; and 2) authorize the recordation of the
street easements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Historical Background
The subject project (ST506) included the construction of curb, gutter and sidewalk, traffic signal
upgrade, storm drainage systems, and miscellaneous improvements on both sides of Fourth Avenue
between Kittiwake Lane and Chula Vista Adult School. The project was budgeted on the basis of
the dedication of fourteen needed rights-of-way at no cost to the City. Staff and former Mayor Cox
ultimately negotiated a total of thirteen right-of-way dedication agreements with property owners
along both sides of Fourth Avenue and on May 24,1991 by Resolution 16155, Council approved
these agreements. Each of these agreements stipulates that the recordation of the easement
documents be postponed until the project is completed and the Council, exercising its reasonable
discretion, determines that the conditions in the agreements have been met. In addition, the
agreements stipulate that Council is to hold public hearing to afford each property owner the
opportunity to appear and present evidence as to whether the conditions have been met.
On June 8, 1993, Council approved Resolution 17137 "Appropriating funds, waiving immaterial
defect, accepting bids and awarding contract for the construction of miscellaneous improvements
on Fourth Avenue between Kittiwake Lane and Chula Vista Adult School." The contract was
awarded by Council to Heffler Company, Inc., for a total of $327,704.25 (Exhibit B).
/0"'/
Page 2, Item /1)
Meeting Date 4/9/96
Current Status
Staff invested considerable time and effort to assure that each and every one of the property owners
affected by the project would be satisfied at the conclusion of the construction activities. Attached
as Exhibit C is a list of all work which was completed for each property to comply with the
conditions of the dedication of the street easements. The project is now completed and the
improvements have been accepted by the City Manager (Exhibit D).
A formal notice of this public hearing was sent to all the affected property owners giving them the
opportunity to appear and present their opinion as to the completion of the improvements.
FISCAL IMPACT:
Council appropriated $572,104 to fund this project. The costs included right-of-way acquisition
expenses, design, construction contract, inspection, and contingencies. The budgeted funds were
sufficient to cover the project's cost (Exhibit E).
SA:sb
File No: 0735-IO-ST506-6
Attachments:
Exhibit A - Resolution 16155
Exhibit B - Resolution 17137
Exhibit C - Property Owners Conditions
Exhibit D - Acceptance Memo
Exhibit E - Financial Statement
M:\HOME\ENGINEER\AGENDA \ST506.SA
I~ #' ;J.
EXHIBIT "A"
RESOLUTION NO. 16155
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS BETWEEN THE CITY AND 13 AFFECTED
PROPERTIES ALONG BOTH SIDES OF FOURTH AVENUE BETWEEN
KITTIWAKE AVENUE AND DEL REY HIGH SCHOOL
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, during 'FY 1989-90, former Mayor Greg Cox spearheaded a drive to
convince.property.owners on Fourth.Avenue between Kittiwake Avenue and Del Rey
Hi9h School to consider dedicating without cost to the City 7 feet of
right-of-way needed to construct curb, gutter and sidewalks in exchange for no
cost to the propety owners for the improvements; and,
WHEREAS, over the past 18 months, agreement has been reached with 14 of
the 15 affected properties, wherein each of them have signed an easement and a
simple agreement offering to dedicate the needed right-of-way in exchange for
the new street improvements contemplated and other responsibilities and
conditions the City agrees to assume or guarantee as a result of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve agreements between the City of Chula Vista and the
following property owners for acquiring properties along both sides of Fourth
Avenue between Kittiwake Avenue and Del Rey High School, known as document
numbers C091-061 through C091-074, copi es of whi ch are on fil e in the offi ce
of the City Clerk:
Daniel Medina, Jr. and Rafaela Medina
Jorge De Leon and Felicitas De Leon
Helen A. Lane
Maurice and Denise Washburn
Steven Mark Fuller and Susan Marie Fuller
Bertha Jansen
Steven Cordova and Caroline Cordova (2 parcels)
Juan J. Ortiz and Maria G. Ortiz and Ramon P. Parra and
Rafael P. Parra
Bertha L. Sanders and Erma J. Thatcher
Armando Villasenor and Mary Villasenor
George L. Villasenor and Marisol Vill~enor
Juan L. Machuca and Maria Esther Machuca
I~";l
Resolution No. 16155
Page 2
BE IT FURTHER RESOL VEa that the Mayor of the City of Chul a Vista is
hereby authorized and directed to execute said agreements for and on behalf of
the City of Chula Vista
Presented by
Approved as to form by
zg~~
E.' . smus
Assistant City Manager
-
4- t1I ~...Q
Bruce M. BOOg~ar
City Attorney
/P ,,~
Resolution No. 16155
Page 3
PASSED, APPROVED, and ADOPTED" by the City Council of the City of Chula
Vista, California, this 14th day of May, 1991 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Council members: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~~o~:~ore
Mayor, Pro-Tempore
ATTEST:
~t4. (.[~"k
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16155 was duly passed,
approved, and adopted by the City Council held on the 14th day of May, 1991.
Executed this 14th day of May, 1991.
~~,'"
I~"'f
. ,
'EXHIBIT "B"
RESO~UTION NO. 17137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING FUNOS, WAIVING IMMATERIAL DEFECT,
ACCEPTING BIDS AND AWARDING CONTRACT FOR FOURTH AVENUE
WIDENING BETWEEN KITTIWAKE LANE AND CHULA VISTA ADULT
SCHOOL IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, at 2:00 p.m. on April 28, 1993, in the Public Services Building,
the Director of Public Works received the following sealed bids for the widening
of Fourth Avenue between Kittiwake Lane and Del Rey High School in the City of
Chula Vista, California:
Contractor Bid Amount
1. Heffler Company, Inc. San Diego $327,704.25
2. CGC Construction Co., San Marcos 329,353.22
3. Southland Paving, Inc., Escondido 354,707.65
4. Sim J. Harris Company, San Diego 358,000.00
5. L. R. Hubbard Co., Inc., San Diego 374,931.43
-
6. Basile Construction Co., San Diego 377,652.73
7. Granite Construction Co., San Diego 391'305.0~
8. Carolyn E. Scheidel Construction Co., La Mesa 397,530.00
WHEREAS, the low bid by Heffler Company, Inc. is below the Engineer's
estimate of $349,618.50 by $21,914.25 or 6.3% and staff recommends awarding
contract to Heffler Company, Inc. in that Heffler Company performed
satisfactory work when they constructed Landis Street parking lot in the City of
Chula Vista; and,
WHEREAS, in order to award the contract to the apparent low bidder, it is
necessary that Council appropriate $131,000 from the unappropriated balance of
the TransNet Fund; and,
WHEREAS, the City's Envi ronmenta 1 Revi ew Coordi nator has revi ewed the
project and determined that it is categorically exempt under Section 15301, Class
I Type (C), "Existing facilities'.' of the California Environmental Quality Act;
and,
WHEREAS, prevailing wage scales as those determined by the Director ~f
Industrial Relations, State of California were determined to be applicable to the
work to be done, however, no special minority or women-owned business
requirements were necessary or part of the bid documents; and,
/ 0' ~
Resolution No. 17137
Page 2
.
.
WHEREAS, the low bid received from Heffler Company, Inc. did include a
bi dder bond executed on a different form than what is provi ded for by the
contract documents; and,
WHEREAS, staff recommends that Council waive this irregularity and find
that this irregularity is immaterial based on the following:
1. The 1 ad of use of the Ci ty' s bi dder bond form di d not provi de an
advantage to the low bidder. Additionally, Heffler Company, Inc. did
execute the bidder bond on the City form at a later date.
2. Council has the right to waive immaterial defects in the bid documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the immaterial defect, accept said eight bids and awards
the contract for Fourth Avenue widening between Kittiwake Lane and Chula Vista
Adult School to Heffler Company, Inc., known as document number C093-099, a copy
of which is on file in the office of the City Clerk, who has assured the City
that they are a licensed contractor that can produce an acceptable performance
bond.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and
he is hereby authorized and directed to execute said contract for and on behalf
. of the City of Chula Vista.
.
BE IT FURTHER RESOLVED that the City Council does hereby appropri ate
~l~l,OOO.OO from the unappropriated balance of the TransNet Fund to ST 506.
Prf,sented by
as
J
. u /tr: -,
~n P. Lip itt? ~
Irector of PublIc Works
Bruce M. Boogaard
City Attorney
,
I~"?
.
.
Resolution No. 17137
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 8th day of June, 1993, by the followin9 vote:
YES: Councilmembers: Fox, Horton, Moore, Nader
NOES: Counei 1 members: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
r:- . //' it
- //4'?r'M------
Tim Nader, Mayor
ATTEST:
I
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17137 was duly passed, approved,
and adopted by the City Council held on the 8th day of June, 1993.
Executed this 8th day of June, 1993.
...,
, ,/ ,I /
---;--. i
,....0. V_'..,.
Beverly A.
/
/
- -" I (
.. C i ( -- . '.-+
Authelet, City Clerk
I~'K'
.-
EXHIBIT "C"
FOURTH AVENUE
PROPERTY OWNERS CONDITIONS
AX-116
At 1010 Fourth Avenue
Relocate three (3) palm trees, construct new sliding gate at south driveway and
new swinging gate at north driveway.
Reconstruct existing brick barbecue like kind.
Provide block wall with fence above retaining wall.
At 974 Fourth Avenue
Contractor shall plant two (2) new trees, type Podocarpus Gracillior (Fern Pine),
15 gallon in size. Tree ball is to be set wet as directed by the City Engineer.
Relocate wrought iron fence, relocate block wall fence.
Relocate one (1) palm tree as directed by the City.
At 1006 Fourth Avenue
Relocate existing rolling gate, provide additional on site parking.
Replace existing fence with new 5 feet high fence.
Provide two block walls with landscaping.
At 957 Fourth Avenue
Reconstruct trash enclosure like existing kind and size.
At 963 Fourth Avenue
Reconstruct concrete steps, reconstruct driveway, relocate retaining wall.
I/J" ,
At 405 Moss Street
Transplant existing or plant new Junipers, remove one large pine tree.
Remove all large surface roots on Moss Street side yard, relocate fence.
At 395 Moss Street
Trim existing five (5) trees as directed by the City, relocate fence.
At 986 Fourth Avenue
Provide concrete pavement behind sidewalk.
At 976 Fourth Avenue
Consolidate two existing power poles into one, relocate traffic signal control box.
At 992 Fourth Avenue
Construct full street improvement along the entire frontage on Moss Street
abutting the property, new driveway, permit grantor to construct and occupy a
room addition.
At 1015 Fourth Avenue
Build a retaining wall to provide level front yard, remove tree, provide driveway,
place fence on top of retaining wall
At 980 Fourth Avenue
Waive sewer connection fees, replace two driveways.
At 398 Moss Street
Construct full street improvement along full frontage of Moss Street. Relocate
existing fence.
SA:dv
(SA/conditions)
/1J"1f)
EXHIBIT "D"
MEMORANDUM
January 31, 1996
File #ST-506
TO: Honorable Mayor and City Council
FROM: John D. Goss, City Manager
SUBJECT: Acceptance of Fourth Avenue Widening Between Kittiwake Lane and Del Rey
High School
This is to inform you that in accordance with City Council Resolution No. 16034 adopted on
January 22, 1991, this office has acknowledged completion of the Fourth Avenue Widening
Between Kittiwake Lane and Del Rey High School project.
This project was awarded on June 6, 1993 by Council Resolution No. 17137 to Heffler
Company, Inc. The final cost for the project amounted to $572,104.00. ($327,704.25 for the
original construction contract, $33,625.05 for construction change orders, $35,824.66 for
relocation of water utilities, $165,157.61 for staff time and $9,792.43 for miscellaneous
expenses) .
Attached is a complete Financial Statement for the project. It should be noted that $572,104.00
was appropriated for this project.
DCD:dh
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EXHIBIT "E"
FINANCIAL STATEMENT
August 14, 1995
File #ST-506
Acceptance of Fourth Avenue Widening
Between Kittiwake Lane and Del Rey High School
I. Appropriated Funds
Total 1
$572,104.00
II. Contract Amount as Awarded on Council Agenda Statement
a)
b)
Award Amount
Contingencies
Total II
$327,704.25
$ 32,046.75
$359,751.00
III. Actual Expenditures
Construction work
a) Contract work (Heffler Company, Inc.)
2 - Change Orders
~
$327,704.25
$ 33,625.05
$361,329.30
1 - Original Contract
CONSTRUCTION COST SUBTOTAL
b)
c)
d)
Staff Costs
Relocation of Water Utilities
Miscellaneous Expenses
$165,157.61
$ 35,824.66
$ 9,792.43
TOTAL III
$572,104.00
DCD:dh
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II,
Apri 1 9, 1996
City Council of the
City of Chula Vista
Chula Vista, Ca.
Name: Jeannett Turner
Address: 1500 Third Ave. # 89
Chula Vista, Ca. 91911
Representing:
Located at:
AMSWEDE RECYCLING
149 Reed Court
Chula Vista, Ca. 91911
I am bringing the following questions to the City Council
regarding business named :
.. SOUTH BAY RECYCLING / PAUL BROWNS RECYCLING ..
1.- Why is South Bay Recycling / Paul Brown Recycling
operating since the 8th, of May 1995 at 120 Reed Court
with out the proper land use permit and a City of Chula
Vista Business Licence.
This fact has been brought to the attention of the
Finance Department via a written complaint. As well
as to the Planning Department.
2.~' Why, South Bay Recycling / Paul Brown Recycling
having received order to CEASE and DECEASE from conduc-
ting business at that location and still continue to
violate the order.
Fact. We have received verbal notification both from
the City of Chula Vista Planning Department By Mr. Martin
Miller and from the Department of Conservation Recycling
Division Sacramento from Mr. Frank Da Rosa Inspector and
Mr. George Donkor, Supervisor Enforcement Inspection
Section , that South Bay Recycling had been issued that
order.
We are now informed that South Bay Recycling / Paul Brown
Recycling has another 90 days to operate. .. ILLEGALLY"
and that all this information has been provided and
reviewed by the City Attorney.
(MaiL ttfJ 7H-h('c<-)i.~;Z:;J
,
,
3.- Our question to the City Council is :
a.) Were in the City Ordinances ( 5.02.020 )is it stated
that any person or business can operate in violation of
State and City laws and ordinances.
b.) How is it possible that we have requested a full
search through the computer files of the Finance
Department for a Business Licence and no licence has been
found for that particular business .
c.) How can it be possible that South Bay Recycling/ Paul
Brown Recycling in the Person of Mr. Steve Reed Threaten
City Representatives and the City stand Back and cross
its arms.
4.- My final question to the City Council is Why is it that
we are operating a " Legitimate business" in the
community were we live in, pay taxes, Business Licence
and comply with the City ordinances, whow can the City
of Chula Vista, blatantly permit a business to operate
against all laws 7.
5.- Our request to the City Council is to immediately take
action upon this matter. This matter can very possibly
end up been a costly and embarrassing matter for the
City.
Our company has spent a great amount of money to comply
with the laws of the City and South Bay Recycling
operating "ILLEGALLY" at his site has cost our company
a substantial amount of money also.
~.
Respectfully
Jeannett Turner
General Manager
AMSWEDE Recycling
,:f0r."",--t ct /2' :r'LP?I-(.-,c-<~~p-; ~ -.2
COUNCIL AGENDA STATEMENT
Item / /
ITEM TITLE:
,24,1-1
Ordinance - Amending Chapter 3.48 of the Chula Vista Municipal
Code to Permit the Refinancing of Regional Utility Projects upon a
Finding of City Benefit
Resolution /8'.2!ttg a Refinance Participation Fee at .25 Percent of
the Principal Amount for the Proposed SDG&E Industrial Development
Bond Refinancings, Payable at the Time of Issue
Meeting Date 4/9/96
SUBMITI'ED BY: City Attorney Q26-~ ~
Director of Finance/)4
REVIEWED BY: City Manager>4' (4/5TI1S Vote: Yes_NoX)
v
San Diego Gas & Electric Company ("SDG&E") has requested that the City take the necessary
steps to become legally able to assist them in refinancing two series of Industrial Development
Bonds (IDBs) , similar to the financing the City did for SDG&E in 1992. SDG&E is
simultaneously working with the City of San Diego on the same two refinancings, and intends
to make a decision further along in the process as to which city will be asked to do each of the
two refinancings. While Chapter 3.48 of the Municipal Code currently authorizes the City to
issue revenue bonds to finance projects of this nature, it doesn't specifically provide for the
refinancing of bonds that were originally issued by another City, in this case the City of San
Diego. The attached ordinance amends Chapter 3.48 to include language to permit the
refinancing of bonds originally issued by another municipality, as long as the refinancing meets
the criteria that City interests would be served by the refinancing.
RECOMMENDATION: Adopt the attached ordinance which permits the City to issue
revenue bonds to refinance industrial development bonds originally issued by another
municipality, when the refinancing provides benefit to the City. Adopt the resolution setting a
refinancing participation fee for the two proposed series of IDBs.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: SDG&E has submitted a request to work with the City to qualify Chula
Vista to possibly refinance two series of IDBs that become callable in the near future. SDG&E
is simultaneously going through the process to quality the City of San Diego for the same
refinancing. Their intention is to leave their options open as to which city will be requested to
do the actual refinancing, based on what they think is best for them at that time. SDG&E will
pay all costs associated with this effort including City of Chula Vista staff time, any
administrative expenses, and outside legal costs. The City has an outside legal counsel
representing the City's interest as part of this process.
//-/
Page 2, Item -'L
Meeting Date 4/9/96
Any bonds issued by the City on behalf of SDG&E will be limited obligation revenue bonds and
will not constitute an indebtedness against the general credit or taxing power of the City or the
State of California. Payment of the bonds will be solely from and secured by a pledge of
revenues to be received from SDG&E pursuant to a Loan Agreement to be entered into prior
to the issuance of any bonds.
In 1992, the City issued $250 million in IDBs to finance projects for SDG&E. Besides paying
for City staff and administrative costs, SDG&E paid the City a one-time fee of .25 percent of
the principal amount of the bonds or $625,000. SDG&E also reimbursed Chula Vista staff time,
administrative costs and all bond counsel costs.
The two refinancings that are the subject of the current request are for $81. 35 million and $25
million. The resolution under consideration sets the fee for these two refinancings at that same
.25 percent rate charged in 1992. As charter cities, San Diego and Chula Vista are the only two
cities that SDG&E is dealing with on these refinancings.
The City of San Diego charges to SDG&E have been .25 percent of the initial issue (the same
as Chula Vista) plus staff charges (which have been a minimum of $20,000) and an annual
administrative fee of .025 % of the outstanding bonds for the life of the issue. City of Chula
Vista staff is not recommending an annual administrative fee since there is no ongoing
requirement of Chula Vista staff involvement once the bonds are issued. The County of San
Diego also charges .25 percent initial fee with no annual administrative fee for IDB financings.
When SDG&E chose to do the IDB financing with Chula Vista in the past, they did so on the
basis that the fees were less expensive and the process less cumbersome than the City of San
diego process. By setting the fee at this time, SDG&E will know in advance what the City
charges, and we don't put ourselves in the position of appearing to be in competition.
There are several steps required to qualify Chula Vista to do the refinancing, with a very tight
schedule for the first refinancing, the $81.25 million issue. The steps and time frame are:
1. Apr 9 First reading of Bond Ordinance
2. Apr 16 City Council adopts Bond Ordinance to allow refinancings (second
reading)
3. May 17 Bond Ordinance becomes effective
4. May 21 City Council Adopts Bond Resolution giving preliminary approval
for the issuance and sale of bonds
5. May 23 SDG&E Files complaint for Validation Action in Superior Court
(required for the City to do refinancing)
6. Aug 12 Approx. end of court proceedings - SDG&E makes final
determination of which city will proceed with the first refinancing
7. after Aug 12 - If SDG&E decides to proceed with the City of Chula Vista,
City Council adopts Resolution to approve the Official Statement,
Bond Purchase Agreement and the specifics of bond financing
8. Sept 3 Refinancing bonds issued to refinance the $81.35 million issue
J /'..2
Page 3, Item //
Meeting Date 4/9/96
There is a possibility that a delay at any stage could take Chula Vista out of consideration for
the refinancing of the $81. 35 million issue. The greatest unknown in the process is the
Validation Action in court. This is a decision in Superior Court that it is within the "municipal
affairs" of the City to do the refinancing. For the 1992 !DB issue, a similar process took 96
days in court. There is no way of knowing whether the time frame will be similar this time.
The second refinancing of $25 million is scheduled for June 1997. There is also the potential
for future IDB refinancings that the proposed ordinance changes will facilitate.
Attached is a letter received from the City of San Diego expressing their displeasure with Chula
Vista contemplating these refinancings with SDG&E.
FISCAL IMPACT: SDG&E will reimburse the City for any staff costs and administrative
expenses associated with this process whether or not Chula Vista ultimately does the refinancing.
SDG&E also pays all legal counsel, financial advisors and bond issuing costs directly, including
counsel representing City of Chula Vista interests. Per the participation fee set by the
resolution, if Chula Vista does the refinancing, the fee would be $203,375 for the $81.35 million
issue and $62,500 for the $25 million issue. Any fees paid would be revenue to the City's
General Fund.
Attachments:
Ordinance
City of San Diego letter dated April I, 1996
fill: \data \memos\director\sdge4 .113
/f-:J /'-f
THE CITY OF
SAN DIEGO
CIVIC CENTER PLAZA . 1200 THIRD A VENUE . SUITE 1620
SAN DIEGO, CAUFORNIA 92101- 4178 . TELEPHONE: (619) 236-6039
FAX: (619) 236-6512
ECONOMIC
DEVELOPMENT
SERVICES
April 1, 1996
Mr. Robert Powell
Director of Finance
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: outstandinq city of San Dieqo 1986 and 1987 Industrial
Development Bonds (IDB's)
Dear Mr. Powell:
I am writing to express strong concern regarding San Diego Gas &
Electric company's (SDG&E) reported attempt to instigate one or
more refundings by the City of Chula vista of the above-mentioned
debt obligations of the City of San Diego. Such an action would
clearly place the City of Chula Vista in the position of
improperly infringing upon the municipal affairs of the City of
San Diego, and I therefore respectfully request that the City of
Chula vista immediately and permanently suspend all proceedings
regarding this SDG&E-proposed action.
SDG&E's proposal attempts to establish a dangerous precedent:
enabling IDB borrower firms to play one jurisdiction against
another to extract exceptional refinancing terms. I assure you
that the city of San Diego has no desire or intent to refinance
outstanding City of Chula vista debt previously issued for the
benefit of SDG&E. I correspondingly do not believe that Chula
Vista officials desire to initiate a "bidding war" over
outstanding City of San Diego debt obligations. As I recall, in
1992, the city of Chula vista set its bond origination fee at the
same level as San Diego's in part in order to avoid any such
situation, and the city of San Diego did not object to Chula
vista's 1992 new money issues.
I/-f
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. . /0.-
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.~
11 ~ ~
DIVERSITY
BRINGS US ALL TOGETf
CI'''M<d''~.....,:".I~d/>Op'''
April 1, 1996
Mr. Robert Powell
Page Two
You may also be interested to know that, in accordance with San
Diego City Council Policy 100-12, IDB origination fee revenues
are reinvested in other economic development efforts. Many of
these activities (e.g., Regional Technology Alliance programs)
have had regional benefits: half the loans approved to date by
the EmTek Seed Capital Fund, for example, have been to San Diego
County companies located outside the City of San Diego; in fact,
EmTek's first loan was to a Chula vista company!
If, as I confidently expect, the city of Chula vista wishes to
continue to cooperate with and support our regional economic
development efforts, the SDG&E proposal should be firmly
declined. If, however, the City of Chula vista opts to proceed
with the judicial validation process proposed by SDG&E, the City
of San Diego has identified a number of legal options which may
be available.
Please do not hesitate to contact me at 236-6550 with any
concerns or questions, or if I can provide additional
information. I am seeking a prompt and definitive resolution of
this matter and look forward to our continued collaboration in
pursuit of mutual regional economic development objectives.
Sincerely,
/6~QO(1
,
Kurt A. Chilcott
Community and Economic
Development Manager
-------.
, ,.
11-(,
ORDINANCE NO. .1 t" ,
AN ORDINANCE AMENDING CHAPTER 3.48 OF THE
CHULA VISTA MUNICIPAL CODE TO PERMIT THE
REFINANCING OF REGIONAL UTILITY PROJECTS
UPON A FINDING OF CITY BENEFIT
WHEREAS, the City of Chula Vista (the "City") is a municipal corporation
and charter city duly organized and existing under a charter (the "Charter") pursuant to
which the City has the right and power to make and enforce all laws and regulations in
respect to municipal affairs and certain other matters in accordance with and as more
particularly provided in Article XI of the Constitution of the State of California (the
"Constitution") and Section 200 of the Charter;
WHEREAS, Chapter 3.48 of the Municipal Code of the City (the "Municipal
Code") authorizes the City to issue bonds for the purpose of financing or otherwise assisting
the acquisition of projects located within the City to promote the health, safety and welfare of
the City, to encourage industrial and commercial development within the City and to enhance
the financial resources of the City;
WHEREAS, the City Council of the City has heard public testimony and
reviewed written materials, which together with the personal knowledge of the members of
the City Council, evidence the need for the City to provide financial assistance with respect
to regional gas transmission and distribution facilities and electric generation, transmission
and distribution facilities in order to promote the aforementioned City interests;
WHEREAS, the City Council of the City, acting under and pursuant to the
Constitution and the Charter, finds and determines that the public interest and necessity
require the adoption of this ordinance to authorize issuance of revenue bonds for the purpose
of refinancing regional gas transmission and distribution facilities and electric generation,
transmission and distribution facilities and that providing such assistance constitutes a
municipal affair of the City;
as follows:
NOW THEREFORE, the City Council of the City of Chula Vista does ordain
I
II/} -/
SECTION 1. That Section 3.48.010 of the Municipal Code be and hereby is amended
in its entirety to read as follows:
3.48.010
Findings and Determinations.
The city council finds and determines as follows:
A. The full employment of residents of the city, and the prevention of unemployment and
underemployment of such residents, serves a vital and compelling public interest of
the city and promotes the public health, safety and welfare of the city by reducing the
incidence of crime, improving the mental and physical health and well-being of the
city's residents, alleviating the financial drain upon limited public and private
resources for welfare programs and unemployment assistance, and enhancing the
financial resources of the city.
B. The encouragement of industrial and commercial development within the city serves a
vital and compelling public interest of the city and promotes the public health, safety
and welfare of the city by increasing the employment of residents of the city,
increasing the tax and revenue base and thereby enhancing the financial resources of
the city, and preventing physical deterioration and abandonment of industrial and
commercial areas within the city. In addition, the city's participation in the financing
of such development serves the public interest by ensuring that such development will
reflect the needs and objectives of the community more so than if such development
were undertaken without city participation.
C. Basic utilities such as gas, water and electricity are necessities of life, essential to
public health, safety and welfare and to industrial and commercial development within
the city. City assistance in financing and refinancing improvements to gas, and water
Me eleelrieity transmission and distribution systems and electricity generation.
transmission and distribution systems throughout the region will reduce the costs of
providing such utility service within the city and thereby reduce the rates of providing
such rates to be paid by industrial, commercial and residential utility customers within
the city. The city's participation in such financing and refinancing also asslIres
ensures that the city's future gas, water and electricity requirements will be served as
regional growth places heavier demands on such services.
D. Encouraging industrial and commercial development and the provision of basic
utilities pursuant to this chapter (1) will promote the health, safety and welfare of the
city, including those public interests enumerated above, and will improve the social,
moral, economic and physical condition of the community thereby, and (2) constitutes
a municipal affair of the city, a valid exercise of the police powers of the city, and a
public purpose in which the city has a peculiar and unique interest.
2
II~ ,.)..
SECTION 2. That Section 3.48.020 of the Municipal Code be and hereby is amended
in its entirety to read as follows:
3.48.020
Definitions.
Unless the context otherwise requires, the following definitions shall govern the
construction of this chapter:
A. "Acquisition" and its variants means acquisition, construction, improvement,
furnishing, equipping, remodeling, repair, reconstruction or rehabilitation.
B. "Administrative expenses" means all reasonable and necessary expenses incurred by
the city in the administration of the provisions of this chapter with respect to a
particular project and the financing or refinancing thereof, including without limitation
compensation to city agents, employees and staff, fees and expenses of paying agents,
trustees, bond counsel and financing consultants, and costs of printing and
advertising.
C. "Bonds" means any bonds, notes, interim certificates, debentures or other obligations
issued either by the city pursuant to this chapter, or by any other legal entity for
pUI:poses oermitted by this chapter, which obli!!ations are payable exclusively from
revenues and other funds permitted by the aDDlicable law under which such
obligations were issued or entered into.
D. "City" means the city of Chula Vista, California, a chartered. city in the state existing
under and exercising powers pursuant to the city charter and the constitution of the
state.
E. "City charter" means the charter of the city, as amended from time to time.
F. "City council" means the city council of the city.
G. "Costs" means, with reference to a project, any or all of the following costs incurred
for the acquisition or financing thereof:
I. Obligations of the participating party incurred for labor and materials in
connection with the acquisition of the project;
2. The cost of acquisition of any property, whether real or personal and improved
or unimproved, including franchise rights and other intangible property, and
any interests therein, required for the acquisition of the project;
3. The cost of demolishing, removing or relocating any building or structure, and
the cost of making relocation assistance payments required by law;
3
/1/1-- .:t
4. The cost of contract bonds and of insurance of all kinds that may be required
or necessary during the course of the acquisition or financing of the project;
5. All costs of engineering, legal and consultant services, including the costs of
the participating party for surveys, estimates, plans and specifications and
preliminary investigation therefor, and for supervising construction, as well as
for the performance of all other duties required by or consequent upon the
proper acquisition of the project;
6. All costs incurred in connection with proceedings by the participating party
necessary to comply with the California Environmental Quality Act of 1970, as
amended;
7. All amounts required to fund any reserve funds for bonds and any interest on
bonds becoming due and payable during a period not exceeding the period of
acquisition of the project and twelve months thereafter;
8. All administrative expenses;
9. All costs which the participating party shall be required to pay, under the
terms of any contract or contracts, for the acquisition or financin!! of the
project;
10. The refinancing of existing indebtedness secured by an interest in any real
property comprising any portion of the project, so long as and to the extent
that such refinancing does not cause interest on the bonds to become taxable
under Section 103 of the Internal Revenue Code of 1954, as amended;
11. All costs incurred in connection with the refunding of any bonds issued with
respect to a proi ect: and,
12. Any sums required to reimburse the participating party for advances made for
any of the above items or for any other costs incurred and for work done
which are properly chargeable to the project.
H. "Exempt organization" means an organization.described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended.
1. "Finance" and its variants. includin!! without limitation refinance and refinancing.
means the lending of moneys or any other thing of value, or the purchase of loans or
the entering into of leases or installment sale agreements, for the purpose of:
1. Paying or otherwise providing for or assisting the payment of any or all of the
costs of a project pursuant to this chapter; or
4
1119-1/
2. Providing funds to be used as working capital or otherwise for general
expenditures of exempt organizations pursuant to this chapter;
J. "Participating party" means any person, corporation, partnership, firm or other entity
or group of entities requiring financing for the acquisition or refinancing of a project
pursuant to this chapter.
K. "Project" means real property improved with an industrial~ ef commercial or utility
structure, including but not limited to real property to be used by an exempt
organization in connection with its authorized purposes, and all property in connection
therewith or incidental thereto, including all machinery, equipment and furnishings,
the acquisition or refinancing of which is financed or otherwise assisted pursuant to
this chapter; provided, however, that no project to be financed or refinanced may be
located outside the city unless the city council shall find and determine that such
project would directly benefit the citizens of the city by substantially promoting one
or more of the public interests recited in Section 3.48.010. Project also includes
qualified residential rental property as described in and within the meaning of Section
l42(d) of the Internal Revenue Code of 1986, as amended, and regulations and
rulings promulgated thereunder, including all property in connection therewith and
incidental thereto.
L. "Ordinance" means Ordinance No. 1970, passed and adopted by the city council of
the city on February 9, 1982, pursuant to the City Charter as amended from time to
time.
M. "Revenue" means, with respect to a project, all amounts received as repayment of
principal, interest and all other charges received for, and all other income and
revenue (including the proceeds of insurance) derived by, the city in connection with
such project, and any receipts derived from the investment of such income or
revenue, including moneys deposited in a sinking, redemption or reserve fund or
other fund to secure the bonds or to provide for the payment of the principal of or
interest on the bonds and such other moneys as the city council may in its discretion
make available therefor.
N. "State" means the state of California.
SECTION 3. That Section 3.48.030 of the Municipal Code be and hereby is amended
in its entirety to read as follows:
3.48.030
Powers.
The city is authorized and empowered:
A. To determine the location and character of any project to be financed or refinanced
under the provisions of this chapter and to finance or refinance such projects;
5
1/,4..5
B. To issue bonds:
1. For the purpose of financing or otherwise assisting the acquisition of projects
authorized by this chapter, or
2. For the purpose of providing funds to be used as working capital or otherwise
to finance general expenditures of exempt organizations, or
3. For the purpose of funding or refunding bonds issued by the city or any other
legal entity for pUl:poses permitted by this chapter;
C. To fix fees charges and interest rates for financing any project, and to revise such
fees, charges and interest rates from time to time, and to collect interest and principal
on any loan made to a participating party together with such fees and charges incurred
in such financing, and to contract with any person, partnership, association,
corporation or public agency with respect thereto;
D. To hold deeds of trust as security for financing any project and to pledge the same as
security for repayment of bonds issued therefor;
E. To establish the terms and conditions for the financing of any project undertaken
pursuant to this chapter;
F. To require that the full amount owed on any loan for the financing of a project
pursuant to this chapter shall be due and payable upon sale or other transfer of
ownership of such project;
G. To acquire by deed, purchase, lease, contract, gift, devise or otherwise, any real or
personal property, structures, rights, rights-of-way, franchises, easements, mortgages
and other interests in property located within the state necessary or convenient for the
financing or acquisition of a project, upon such terms and conditions as it deems
advisable and to lease, sell or dispose of the same in such manner as may be
necessary or desirable to carry out the objects and purposes of this chapter.
Notwithstanding the foregoing, nothing in this chapter is intended or shall be
construed in any way to authorize any exercise of the power of eminent domain with
respect to any project;
H. To employ or contract for such engineering, architectural, accounting, collection,
economic feasibility or other services in connection with the servicing of loans made
to participating parties, as may be necessary in the judgment of the city council for
the successful financing of a project. The city may pay the reasonable costs of
consulting engineers, architects, accountants, construction experts and economic
feasibility experts, if, in the judgment of the city council, such services are necessary
to the successful financing of a project and if the city is not able to provide such
services. The city may employ, contract for, and fix the compensation of financing
6
//~..t
consultants, bond counsel and other advisors as may be necessary in its judgment to
provide for the issuance and sale of bonds;
1. In addition to all other powers specifically granted in this chapter, to do all things
necessary or convenient to carry out the purposes of this chapter.
SECTION 4. That the city clerk is hereby authorized and directed to cause a digest
or a copy of this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the city within fifteen
days after the passage of this ordinance pursuant to Section 312 of the
Charter.
SECTION 5. This ordinance shall take effect and be in full force on the thirtieth day
from and after its second reading and adoption.
Presented by
Approved as to form by
Robert Powell, Director of Finance
C:\or\chap.348
7
//~.. ?
RESOLUTION NO. 18"21/'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SETTING A REFINANCE PARTICIPATION
FEE AT .25 PERCENT OF THE PRINCIPAL AMOUNT FOR
THE PROPOSED SDG&E INDUSTRIAL DEVELOPMENT BOND
REFINANCINGS, PAYABLE AT THE TIME OF ISSUE
WHEREAS, in 1992, the City issued $250 million in IDBs to
finance projects for SDG&E; and
WHEREAS, in addition to paying for City staff and
administrative costs, SDG&E paid the City a one-time fee of.25
percent of the principal amount of the bonds; and
WHEREAS, SDG&E is considering engaging City assistance in
connection with certain proposed refinancings of IDBs previously
issued by the City of San Diego; and
WHEREAS, in connection with such proposed refinancings,
staff recommends setting a refinance participation fee pursuant to
section 3.48.030 of the Chula vista Municipal Code.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby set a refinance participation fee
at .25 percent of the principal amount for the proposed $81.35 and
$25 million SDG&E Industrial Development Bond Refinancings of
original issue City of San Diego bonds, payable at the time of
refunding, plus customary reimbursement of staff time, costs and
bond counsel fees.
Presented by
Approved as to form by
Robert Powell, Director
of Finance
c: \rs\SDG&E. lOB
11/1--/
Council Agenda Statement
Item: /.2.
Item Title:
11".tf'1?
Resolution deferring and canceling, as impractical, the
special runoff election for Seat Nos. 3 and 4 for the four year
term ending December, 1996 for Seat Nos. 3 and 4.
Bruce M. Boogaard, City Attorney~
Beverly Authelet, City ClerkJ;O-<^-
Meeting Date: April 9, 1996
Submitted by:
Agenda Classification:
( ) Consent
(X ) Action Item
( ) Public Hearing
( ) Other:
4/5ths Vote: ( ) Yes (X) No
On March 26, 1996, Chula Vista held two Council elections: (1) a general municipal
election involving two seats (Seat Nos. 3 and 4) for a four year term expiring December,
2000 ("Long Term"); and (2) a special municipal election to fill the unexpired remainder
of the terms to said two seats expiring December, 1996 ("Short Term")Y
The preliminaryg/ official results indicate that no single candidate secured the necessary
majority of votes required to be declared a winner in either Seat for either term. There
will therefore be a need for the Council to call at least one runoff election for the Long
Term expiring December, 2000.
The Charter also calls upon the Council to schedule a runoff election to the inconclusive
Short Term special election as soon "as practical" after a special election is held.
The purpose of this report is to ask the Council to defer the special runoff election
for the Short Term until the November Statewide General Election, and to thereupon
1. A ballot measure (Proposition F) dealing with vacancy reform was also presented to voters, and
was approved.
2. The County Registrar of Voters, who handled the City's elections at our request (for consolidation),
reports that the official results will not be available for certification until at least April 15, 1996, and at
that time we will ask the Council to certify the results by resolution.
1
/.)-/
cancel it as impractical.
Recommendation:
Adopt the attached resolution deferring and canceling the special runoff election
for the remainder of the 1992 terms ("Short Term") for Seat Nos. 3 and 4 expiring
December, 1996, due to impracticality.
Boards and Commissions Recommendation:
None applicable.
Discussion:
Section 300 (G) of the Charter provides that a majority vote is required to win a general
municipal election, and that failing such for any candidate, a runoff election shall be
required. The Charter fixes the runoff election date for the general municipal election as
the date in November for the statewide general election in order to permit
consolidation.!!!
Section 300 (H)~ specifies the same majority and runoff requirement for special
3. Section 300 (G) provides:
"G. Any person to be elected at a general municipal election for any numbered Council seat 1
through 4 or the office of Mayor for which nomination papers have been filed shall be deemed elected
upon receipt of a majority of the votes cast for the particular seat or the Office of Mayor at the election.
If no candidate at such general municipal election receives a majority of the votes cast, there shall be
a special runoff election, to be held on the same date as the statewide election date in November
immediately following the general municipal election (if no statewide election is conducted, then on the
first Tuesday after the first Monday of November of each even-numbered year). between the two
candidates receiving the highest and second highest number of votes in the general municipal election
for said seat or the Office of Mayor, in order to determine the winner. By way of clarification, ties
among the candidates receiving the two highest number of votes at the general municipal election
shall be resolved by a special runoff election."
4. Section 300 (H) provides:
"H. Any person to be elected at a special municipal election called to fill a vacancy pursuant to the
provision of Section 303 for any numbered Council seats one through four or the Office of Mayor, for
which nomination papers have been filed, shall be deemed elected upon receipt of a majority of the
votes cast for the particular seat or the Office of Mayor at the election. If no candidate at such special
election receives a majority of the votes cast, there shall be a special run-off election to be held on a
date set by Council as soon after such special election as practical between the two candidates
receiving the highest and second highest number of votes in such special election for said seat or the
(continued...)
2
I,;,... :J.
,/
elections such as the one called on March 26, 1996 to fill the remainder of the 1992 term
expiring December, 1996--the Short Term Election.
However, since a special election can be held at the call of the Council, the runoff
election date can not be fixed by the Charter. The Charter provides that such date can
vary at the call and discretion of the Council. The Charter requires that the runoff
election date be set by Council "as soon as practical" after the special election.
"If no candidate at such special election receives a majority of the votes cast,
there shall be a special run-off election to be held on a date set by Council as
soon after such special election as practical. . ."
This language was drafted in this manner for the specific purpose of giving the Council
flexibility in balancing, as it perceives it, the early placement of elected representation
to serve on the Council against the cost associated with same.
Cost of a special runoff election.
If a runoff election is called sooner than November, 1996 to fill the remainder of the term
expiring December, 1996, we have determined the following:
1. It can not be called sooner than 88 days prior to the call by the Council, and
must be called on a Tuesday. July 9th is 91 days from April 9, 1996 and is the
first qualifying date for an election--four months before the November General
Election and five months before the seating date for the next term assigned to
said Seats.
2. Since there is no other election for voters residing in the City until the
November, 1996 election, an election held any sooner could not be a
consolidated one, and Chula Vista would have to conduct its own election and
bear the full costs of same.
3. The County is willing to lend out its election expertise by contract with the City
for special election services, but at a cost of $3.00 per registered voter, or
$196,677 for the current 65,559 registered voters in the City. (The number of
registered voters could increase.)
4. Chula Vista could contract with a private election services firm such as Martin
4. (...continued)
office of Mayor in order to determine the winner and shall be seated upon certification of the results of
the election. By way of clarification, ties among the candidates receiving the two highest number of
votes at such special election shall be resolved by a special run-off election."
3
/.2-.:1
& Chapman or Sequoia Pacific which is estimated to cost between $70,000 and
$80,000, broken down as shown in the quote the City received from Sequoia
Pacific, attached as Exhibit A, for $56,708, plus approximately $15,500 for poll
workers, signature checking software, and part time election official workers.
Therefore, we think the lowest cost associated with a special runoff election to fill the
remainder of the four year terms expiring December, 1996 is between $70,000 and
$80,000.
Period of Service of Winners at Special Election Runoff
The majority vote winners at a July 9, 1996 runoff would, at most, serve five months until
December, 1996, at which time, the winners of the General Runoff Election, determined
in November, 1996, will be determined and will take office.
Balancinq Cost aqainst Value of Earlv Elected Representation
Staff advises that the utility of such a special runoff election for the short term is
questionable. Of course, it is incumbent on the Council to strike the balance as to how
soon after the special election it may be "practical" to call the runoff election. Factors
the Council may wish to consider in addition to the cost and the short period of service
are the following:
1. In general law cities, unless the Council adopts a contrary ordinance requiring
the appointee to serve until the next election, an appointee serves the full
remainder of the term, even if longer than four years.2I
5. Government Code Sec. 36512 provides, in part, as follows:
"36512. Vacancies; fill by appointment or special election; term; ordinances governing appointments
or elections; restrictions
(a) [deals with vacancy in appointive office--omitted].
(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall,
within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a
special election to fill the vacancy. The special election shall be held on the next regularly established
election date not less than 114 days from the call of the special election. A person appointed or
elected to fill a vacancy holds office for the unexpired term of the former Incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which:
(1) Requires that a special election be called immediately to fill every city council
vacancy and the office of mayor designated pursuant to Section 34902. The ordinance
shall provide that the special election shall be held on the next regularly established
(continued...)
4
/.2"'1
2. The City has the ability to conduct the business of the government because
all seats are occupied. No decisions will stagnate because of a tie.
3. An interim runoff election will operate as a drain on the candidates as well as
the community--both emotionally as well as financially.
4. It could possibly be made more efficient if the four year term could be placed
on the same ballot, but the Charter requires that the runoff for the next four year
term be consolidated with the November statewide general election, presumably
to obtain high turn out and lower costs.
5. The question of preference was put to all of the candidates eligible to be in a
special runoff election (Moot, Rowley, Salas, and Cartmill), and none of them want
a runoff election sooner than November, and then, only for the long term.
6. The only reason that can be summoned to support the call of an early runoff
election to fill the remainder of the 1992 terms is the adverse stigma that may be
5. (...continued)
election date not less than 114 days from the call of the special election.
(2) Requires that a special election be held to fill a city council vacancy and the office
of mayor designated pursuant to Section 34902 when petitions bearing a specified
number of verified signatures are filed. The ordinance shall provide that the special
election shall be held on the next regularly established election date not less than 114
days from the filing of the petition. A governing body which has enacted such an
ordinance may also call a special election pursuant to subdivision (b) without waiting
for the filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city council holds office
only until the date of a special election which shall immediately be called to fill the
remainder of the term. The special election may be held on the date of the next
regularly established election or regularly scheduled municipal election to be held
throughout the city not less than 114 days from the call of the special election.
(d)
(1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be
made to fill a vacancy on a city council if the appointment would result in a majority of
the members serving on the council having been appointed. The vacancy shall be
filled in the manner provided by this subdivision.
(2) The city council may call an election to fill the vacancy, to be held on the next
regularly established election date not less than 114 days after the call.
(3) If the city council does not call an election pursuant to paragraph (2), the vacancy
shall be filled at the next regularly established election date.
5
I:J.'}/"
associated with the notion of canceling an election the Charter otherwise seems
to require, and the People's right to elect their representatives, even if its to fill
very short terms.
Conclusion re Interim Runoff for Short Term
It is therefore recommended that the Council determine that the most practical date, as
the term is used in Section 300 (H), on which to call a special runoff election to fill the
remainder of the Short Term for Seat Nos. 3 and 4 (expiring December, 1996) is the
November Statewide General Election date--November 5, 1996, and that it be deferred
until then.
Alternatives
Despite said recommendation, and the concurrence of all eligible candidates, the
Council may, however, be inclined to the contrary, and may desire to call the special
runoff election for the Short Term early. It is important to put the matter on the Council's
agenda at this time because if the Council feels to the contrary and desires to have such
a special runoff election, that it happen as soon as possible in order that the results of
the election have some significance. If so, a resolution of call for July 9, 1996 is
attached as Exhibit B in order to permit same.
CancelinQ the Short Term Runoff Election AltoQether
Since the most practical solution for the Short Term runoff election is to defer it until
November, then, for the following reasons, it becomes entirely inconsequential and is
recommended for cancellation.
1. By the time the results can be canvassed, certified, and the winner seated, it
will, in all likelihood, not be sooner than the first Tuesday in December, 1996, at
which time the term for which the election would be held would be over.
2. Based on the fact that two elections on the same day--one for a full four year
term (the Long Term) and one for the remainder period of the 1992 term (the
Short Term) seemed confusing to voters, the notion of an election on November
5, 1996 to fill the remaining 4 weeks of the Term would be even more confusing.
3. Again, all eligible candidates for a November Special Election runoff for the
remainder of the 1992 term were polled, and none of the candidates object to its
cancellation.
6
/~-"
4. It would cost $7,867~1 as a separate ballot label on the November election.
Remedial Measures
Staff anticipated that special elections would typically be for short terms since they are
used either in lieu of a successful appointment process, or the appointee is entitled to
serve only until the next election opportunity. Staff made efforts to avoid the problem
by urging the use of the plurality standard to determine the outcome of special elec-
tionsZI
Second, the Vacancy Reform Proposal, Proposition F, on the March 26 ballot should
correct the need for either the March Short Term election or its runoff if there is no
majority vote winner by allowing an appointee to serve the remainder of the term without
having to "stand up" to an election if the term remaining after an election would be nine
months or less.~
Other Election Related Matters.
The Registrar of Voters for the County, who handled the City's elections at our request
(for consolidation), reports that the official results will not be available for certification
until at least April 15, 1996, and at that time we will ask the Council to certify the results.
Fiscal Impact
Deferral: There will be a savings of about $67,000 if the special runoff election is
deferred until November by saving approximately $75,000 for the cost of a special, city-
only election otherwise called in July (or other than November), but spending about
$8,000 (rounding the $7,867 referenced above) on a special election ballot item in
November.
Cancellation: There will be a savings of about $75,000 if the runoff election for the Short
Term is cancelled altogether.
6. 12 cents per registered voter.
7. Cite to dates of Council meeting.
8. This was the "election-free zone".
7
J.2-:r1~-~
RESOLUTION NO. 13'.;5tJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DEFERRING AND CANCELING, AS
IMPRACTICAL, THE SPECIAL RUNOFF ELECTION FOR
SEAT NOS. 3 AND 4 FOR THE FOUR YEAR TERM
ENDING DECEMBER, 1996 FOR SEAT NOS. 3 AND 4
WHEREAS, due to the impracticality of calling a special
election, the Council desires to defer the special runoff election
for the short term expiring December, 1996 until the November
statewide General Election, and to thereupon cancel it as
impractical.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby defer and cancel, as impractical,
the Special Runoff Election for Seat Nos. 3 and 4 for the four year
term ending December, 1996 for Seat Nos. 3 and 4.
Presented by
Approved as to form by
Beverly Authelet, City Clerk
Bruce M. Boogaard, city
Attorney
C:\rs\election.def
1.2-1 ))'--)0
EXHIBIT A
SEQUOIA PACIFIC SYSTEMS
A Division of Smurfit Packaging Corporation
ELECTION SERVICES
1030 NORTH ANDERSON ROAD
EXETER. CALIFORNIA 93221 209/592-8387 FAX 209/592-8294
April 13, 1995
I.
II.
III.
*
ES'l'IMATE OF aJ5'1'S FOR 'lHE ern OF mmA VISTA
SPECIAL MJlICIPAL EU'X:TIai ~r, 1995
OFFICIAL BAUDl'S (DATAVOTE (R) )
Price includes: Card stock, printing plates, machine set-up,
finishing, packaging, 1 ballot type.
a. 45,000 Precinct ballot cards @ $146.00/M
b. 10,000 Absentee ballot cards @ $146.00/M
c. 200 Test & Duplicate (100 ea./per ballot type)
@ $52.50 per 100
SAHPU: BMU7l' IIOOKIBl'S
a. 63,000 Booklets @ $157.00/M
price includes:
1. Front cover (2 color)
2. Voting instructions - pictorial and written
3. Post card return back cover (2 color)
4. Absentee voting instructions
5. Sample ballot page
b. Sample ballot booklet price does not include English
Candidate Statements. Estimated cost for Candidate
Statement (side by side):
1. 200 word English only (1/4 page) per candidate $394.00
ABSENl'EE ENVELOPES / FaIMS I P.C. DISK ::iY:J'lwl
a. 10,000 (sets) Absentee envelopes - imprinted @ $355.00/M
b. 60,000 Registered voters for AV P.C. Disk System @ $30.00/M
1.2 -1/
$8,135.00
$9,891.00
$7,724.50
..c";-'
Sequoia Pacific Systems
Absentee Voter Instruction Sheet @ $175.00/M
Absentee voter P.C. Disk System Lease & Support @ $550.00
c. 1
d. 10,000
e. 1
f. 100
Absentee Canvas Supply Set @ $37.00 ea.
Application for Absentee Voter Ballot @ $0.25 ea.
(form #E-541)
IV.
g. 50 Late Application and Certification for Absentee
Ballot @ $0.25 ea. (form #E-940)
1'1(J';(:IrCl' SUPPLIES I MTERIAIS
a. 50 Precinct Supply Sets @ $37.00 ea.
b. 55,000 Gray Secrecy Envelopes @ $25.00/M (rental)
c. 200 DATAVOTE Ballot Punches @ $5.00 ea. (rental)
d. 200 Suitcase voting booths @ $12.50 ea. (rental)
v.
BAUD!' TAHJ[ATIaf AND ~ (Lease)
a. Ballot Counting Software, Programming and Testing
b. Ballot Counting Hardware and back-up equipment
1. Card Readers (2)
2. MICROS (2)
3. Converter Boxes (2)
c. Ballot Counting Equipment Operator
d. Counting Center Management Assistance
e. Counting Center Supplies and Signs
f. Election Day Support
g. Statement of Vote
VI.
SP1\NISH MTERIAIS
a. Translation and }tinuscript copy for 12 Candidate
Statements
/.2 '12.
$6,725.00
$2,500.00
$900 .00
Sequoia Pacific Systems
VII.
EU:CTI(IIf FORMS / MIINm\LS / CAU!NDi\RS
$1,257.50
a.
Candidate's Forms
$100.00
1. 50 Nomination Papers @ $0.50 ea.
2. 50 Statement of Qualifications @ $0.50 ea
3. 50 Fair Campaign Practices / Gov. Code 84305 @ $0.50. ea
4. 50 Affidavit of Financial worth @ $0.50 ea
b. Pre-Election Day Services for City Clerk... No Charge
1. Election Calendar
2. City Clerk Election Manual
3. California Election Code
4. Resolutions and Checklist
5. Attendance at Election Workshop / Seminar
6. 2 Year Subscription to The Seiler Report
c.
For Precinct Officers
$1,157.50
1- 200
2. 400
3. 50
4.
5. 1
VIII. ~1~
Election Officer Notices @ $0.25 ea.
Election Officer's Digest @ $0.80 ea.
Instruction to Inspectors @ $0.25 ea.
Typing Election Officers Appointment
Notices @ $4.50 per precinct
Election Officer Training Class @ $550.00
$625.00
a. POlling Place Location Report (furnished by SPS)
@ $500.00 / lot
b. Permanent Absent Voter List @ $125.00 / lot
c. Street Index (4 sets) (furnished by County)
d. Roster Index (l set) (furnished by County)
IX.
SAMPLE BMLOT BXX<<BI' MAIL:IH; (Postage not included)
$3,800.00
a. Mailing Services @ $55.00/M
Price includes:
1. Addressing 60,000 (ink jet) Sample Ballot including
polling place location and Zip + 4 carrier route sort
using Sequoia's Bulk Rate Permit
2. Sample Ballots are bagged, labeled and delivered to
Post Office.
3. Prepare all Postal forms for Post Office
4. Freight Charges
b. Election Set-up and tape manipulation @ $350.00 per Election
c. 29 day close supplemental mailing @ $150.00/lot
~ /;<-/J
Sequoia Pacific Systems
x.
XI.
DELIVERY SERVICES
a. Delivery and Pick-up Voting Equipment for polling
places, including delivery of Official Ballot and
precinct supplies to Inspectors @ $93.00 per precinct
ESTIMATED W'IDODC POSTJ!GE
'lUl'AL ESTIMATED COST
(Plus applicable sales tax)
1.2--/11
$4,650.00
$10,500.00
$56,708.00
EXHIBIT B
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JULY 9, 1996 FOR FILLING THE
REMAINDER OF THE TERMS FOR SEAT NOS. 3 AND 4
FOR CITY COUNCIL
WHEREAS, under the provisions of the Charter, a Special
Municipal Election shall be held on July 9, 1996, for the election
of the remainder of the terms for Seat Nos. 3 and 4 for City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the City
Charter, there is called and ordered to be held in the City of
Chula Vista, California, on Tuesday, July 9, 1996, a Special
Municipal Election for the purpose of electing a Councilmember for
the remainder of the terms for Seat Nos. 3 and 4.
SECTION 2. That the ballots to be used at the election
shall be in form and content as required by law.
SECTION 3. That the city Clerk is authorized, instructed
and directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 4. That the polls for the election shall be open
at seven o'clock of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. of the same
day when the polls shall be closed, except as provided in section
14301 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION 6. That notice of the time and place of holding
the election is given and the City Clerk is authorized, instructed
and directed to give further or additional notice of the election,
in time, form and manner as required by law.
SECTION 7.
passage and adoption of
of original Resolution.
That the city Clerk shall certify to the
this Resolution and enter it into the book
Presented by
Approved as to form by
Beverly Authelet, City
C:\rs\callelec 796
Clerk
1.2-1f
Bruce M. Boogaard, city
Attorney
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I;J
Meeting Date 4/9/96
Resolution Jl'd/APprOving Amendment to Agreement between the
County of San Diego, Southwestern Community College District, and the
City of Chula Vista for the construction, maintenance, and operation of the
Southwestern College Bus Stop Improvement Project
Director of Public Work~~ r:- f- J..pL
City Manager~ ~ ~\ (4/Sths Vote:
At its meeting on October 3, 1995, Council approved a resolution approving an agreement among
the County of San Diego, Southwestern College and the City of Chula Vista for construction,
maintenance, and operation of the Southwestern College Bus Stop Improvement Project (copy of
the agenda statement and agreement are attached as Exhibit A). In FY 1990-91, the County of San
Diego programmed $900,000 for this project, and over $270,000 to date has been spent on planning
and design work, leaving an estimated $630,000 for implementation. Final design of the transit
facility has been completed; the total project cost, including contingencies, is estimated at
$1,350,000, leaving a potential shortfall of$450,000 (this estimate is presented in Exhibit B). The
actual project cost will be known after the receipt of bids for the construction contract. Both
Southwestern College and the County have indicated that they have no additional funds to contribute
to this project; therefore, the County has requested that the City ofChula Vista authorize expenditure
of a maximum of $450,000 in its TDA Article 4.0 funds to supplement the estimated project
shortfall.
SUBMITTED BY:
REVIEWED BY:
Yes-X-No_)
RECOMMENDATION: That Council approve the resolution amending the agreement and
authorize the County of San Diego to claim a maximum of $450,000 of City of Chula Vista
Transportation Development Act (TDA) Article 4.0 funds if needed to supplement the $900,000 in
County funds for the Southwestern College Bus Stop Improvement Project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As indicated on the first page of Exhibit B, the construction contract for the project is estimated at
$593,375. Additional project costs include: soundproofing windows in existing College buildings
facing the bus stop project ($25,000); project inspection and administration ($118,675); plan
preparation and final design ($110,611); and contingencies ($122,832). For Council's information,
in January 1996, the County completed a transit facility at Grossmont College which is similar to
the one planned for Southwestern College. The total Grossmont College facility cost was
$1,166,379 and the construction contract was $685,000.
/3"/
Page 2, Item I'
Meeting Date 4/9/96
County staff has indicated that this estimate of$I,350,000 for the project is conservative, and that
the project cost should be less than this estimate. However, it is the County's policy to secure
funding for projects before advertising for bids for construction. The County has indicated it has no
additional funds to supplement the $900,000 committed to this project in FY 1990-91. Southwestern
College is donating the land for the bus facility and has also agreed to pay for utilities and daily
routine maintenance after project completion. The College has indicated it does not have funds to
contribute to project construction. Therefore, it appears the only additional funding source for this
project is the City of Chula Vista's TDA Article 4.0 funds.
For Council's information, the original project site location on Otay Lakes Road had an estimated
total cost in 1992 of$I,150,000, which would have required the City contributing up to $250,000
in its TDA Article 4.0 funds to supplement the $900,000 from the County. Since this original
proposed location was not implemented, additional costs were incurred between 1992 and 1995 due
to evaluation of alternative sites, and development of a plan and detailed drawings for the new
location.
In addition, on Page 2 of the attached agenda statement (Exhibit A), staff pointed out to Council that
in the agreement, which Council approved on October 3, 1995 (Section IIC), the College grants the
City a license for access to the transit facility as long as it is mutually agreeable to both parties.
Although the City Attorney would have preferred language that grants the City an irrevocable
license, the College declined this change. However, since the College requested the transit facility
in this location, it is unlikely that a situation would arise in which the College would deny the City
or CVT access to the site.
In summary, it is staffs opinion that the Southwestern College Bus Stop Improvement Project is
important for current and future CVT operations. The facility will improve service to Southwestern
College, and also will provide a transfer point for future CVT service to the eastern Chula Vista area.
A representatives from the County is present at tonight's meeting to answer any questions Council
may have on this project.
FISCAL IMPACT: The total estimated cost of the Southwestern College Bus Stop Improvement
Project is $1,350,000, which includes the construction contract, soundproofing of windows in
Southwestern College buildings, project inspection and administration, planning and design, and
project contingencies. The County of San Diego has progranuned $900,000 for this project leaving
an estimated shortfall of $450,000. The contribution of up to $450,000 ofChula Vista TDA Article
4.0 funds to the Southwestern College Bus Stop Improvement Project will leave a sufficient TDA
balance through FY 1996-97 for other Cityof Chula Vista Transit Division capital and operations
projects.
The City of Chula Vista's current TDA Article 4.0 fund balance is approximately $4.8 million.
Based on the preliminary budget for next fiscal year which staff has prepared, the TDA balance
through FY 1996-97 is estimated at $1.2 million (the preliminary Transit Division Budget includes
/3-.2
Page 3, Item J.3
Meeting Date 4/9/96
a capital program of $4.2 million, which consists of $2 million as part of the $6 million hydrogen
fuel cell bus program and an additional $2.2 million to replace nine of the older CVT buses in the
fleet). Therefore, should the total amount of$450,000 be required for the Southwestern College Bus
Stop Improvement Project, the City of Chula Vista's TDA balance next fiscal year would be
approximately $771,000 ($1,221,130 - $450,000).
For Council's information, the Metropolitan Transit Development Board will request next fiscal year
additional TDA funds trom each jurisdiction in its area to support regional transit services. The
estimated Regional Transit Service Fund assessment for the City of Chula Vista next fiscal year is
$319,978, an increase of 82% over the current assessment of $175,844. (The current regional
assessment has been in effect since 1985 and does not include San Diego Trolley service. As
stipulated in State Legislation, Council must approve any change to the current regional assessment.)
Staff estimates that the City of Chula Vista TDA fund balance for next fiscal year would be
approximately $627,000 assuming that all anticinated nroiects and exnenditures are implemented
including: the FY 1996-97 Transit Division Budget which includes a $4.2 million capital program;
approval and expenditure of $450,000 for the Southwestern College Bus Stop Improvement Project;
and a Regional Transit Service Fund assessment of$319,978.
WMG:sb
File No: DS-022/DS-037
M:\HOME\ENGlNEERIAGENDA \SWCFUNDS.WMG
Exhibit A - Agenda Statement dated 10/3/95 NOT SCANNED
/j-;J )13-1
RESOLUTION NO. /,.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO, SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT, AND THE CITY OF
CHULA VISTA FOR THE CONSTRUCTION, MAINTENANCE,
AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS
STOP IMPROVEMENT PROJECT
WHEREAS, at its meeting on October 3, 1995, Council
approved a resolution approving an agreement among the County of
San Diego, Southwestern College and the City of Chula vista for
construction, maintenance, and operation of the Southwestern
College Bus stop Improvement Project; and
WHEREAS, in FY 1990-91,
programmed $900,000 for this project,
been spent on planning and design
$630,000 for implementation; and
the County of San Diego
and over $270,000 to date has
work, leaving an estimated
WHEREAS, final design of the transit facility has been
completed; the total project cost, including contingencies, is
estimated at $1,350,000, leaving a potential shortfall of $450,000;
and
WHEREAS, the actual project cost will be known after the
receipt of bids for the construction contract; and
WHEREAS, both Southwestern College and the County have
indicated that they have no additional funds to contribute to this
project; therefore, the County has requested that the City of Chula
vista authorize expenditure of a maximum of $450,000 in its TDA
Article 4.0 funds to supplement the estimated project shortfall.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Amendment to Agreement
between the County of San Diego, Southwestern Community College
District, and the city of Chula vista for the construction,
maintenance, and operation of the Southwestern College Bus stop
Improvement Project, a copy of which is on file in the Office of
the city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Amendment on behalf of the City of Chula vi a.
;'
~ Bruce M.
Attorney
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\swca.end.1st
13~ /13-1>
FI:RST AMENDMENT TO
AGREEMENT BETWEEN THE COUNTY OF SAN DI:EGO, SOUTHWESTERN COMMUNI:TY
COLLEGE DI:STRI:CT AND THE CITY OF CHULA VISTA FOR THE
CONSTRUCTI:ON, MAI:NTENANCE AND OPERATI:ON OF THE SOUTHWESTERN
COLLEGE BUS STOP IMPROVEMENT PROJECT
This First Amendment to the Agreement for the Construction,
Maintenance and operation of the Southwestern College Bus stop
Improvement Project is hereby made and entered into this day
of
, 1996, by and between the COUNTY OF SAN
DIEGO, a political subdivision of the State of California, 1600
Pacific Highway, San Diego, California 92101, hereinafter referred
to as "County"; the SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a
community college district of the State of California, 900 Otay
Lakes Road, Chula Vista, California 91910, hereinafter referred to
as "College", and CITY OF CHULA VISTA, a municipal corporation of
the State of California, 276 Fourth Avenue, Chula vista, California
91910 hereinafter referred to as "City".
WITNESSETH
WHEREAS, the above parties entered into an Agreement (County
Contract No. C35415-A) for construction of the Southwestern College
Bus stop Improvement Project on November 7, 1995; and
WHEREAS, the above parties now desire to amend the Agreement to
specify additional funding responsibilities;
NOW THEREFORE, it is mutually agreed that County Contract No.
C35415-A is hereby amended as follows:
/3'1
1. "SECTION III CITY AGREES SUBSECTION D" IS HEREBY ADDED TO READ
AS FOLLOWS:
D. To contribute an amount not to exceed $450,000 of
Transportation Development Act Article 4.0 funds to the
extent necessary for development and construction of the
Project.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be entered into the month, day and year above-written.
SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT
COUNTY OF SAN DIEGO
By
By
Clerk, Board of Supervisors
Joseph M. Conte
Superintendent/President
CITY OF CHULA VISTA
APPROVED TO FORM AND
LEGALITY BY COUNTY COUNSEL
By
By
Deputy
AP~D TD [0
ATTQ V~
By
Y CITY
2
I :J-fr
CITY COUNCIL AGENDA STATEMENT
Item 1
Meeting Date 04-09-96
ITEM TITLE:
RESOLUTION 14A.'~ Approving Exclusive Negotiating
Agreement Between City of Chula Vista and Joelen Enterprises for
Hotel Development
(lOJ <ftL C-6-
Community Development Director (jI4 fVr-
City Manager
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes
NolL)
RECOMMENDATION: Staff and Joelen Enterprises, the hotel developers, request the Council
continue this item to the week of April 16, 1995 in order to finalize legal language in the
Exclusive Negotiating Agreement.
14.. ,
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCil AGENDA STATEMENT
ItemL
Meeting Date 04-09-96
RESOLUTION I~J..(J.. Approving Exclusive Negotiating
Agreement Between City of Chula Vista and Joelen Enterprises for
Hotel Development
n01 -r'ftl C6 -
Community Development Director (jlJ fV....
City Manager
(4/5ths Vote: Yes
No lLJ
RECOMMENDATION: Staff and Joelen Enterprises, the hotel developers, requestthe Council
continue this item to the week of April 16, 1995 in order to finalize legal language in the
Exclusive Negotiating Agreement.
/4,'
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Office of the Mayor
Clty of Cnula Vista
i76 ~ourth Street
Cnula Vista, Ca 91910
Attn: Mayor Shirley Hortn
26 March 1996
Subj: Request for Reinstatement for the Board of Ethics
Ref: Yr correspondence of SH:ab dtd March 5, 1996
Dear Mayor,
I have completed my consultancy assigment in Hawaii
request to be reassigned to the Board of Etnics. The
referenced correspondence indicates that I would be
considered for the next available opening on the Board.
Thank you for your interest on my benalf.
Sincerely, _
~~e'a~~
Attachment
'~C'0{,Q-~
~.((~
~~~:
~......,;:........~
.....~.................
~~...........
. CIlY OF
CHUlA VISTA
OFFICE OF THE MAYOR
SHIRLEY HORTON
March 5, 1996
Mr. Virgil Whitehead
Whitehead and Associates
736 First Avenue
Chula Vista, CA 91910
Dear Mr. Whitehead:
Thank you for your letter and the courtesy of requesting a leave of absence from the
Board of Ethics. Council Policy 110-03, entitled "Board, Commission, and Committee
Absences" does not address the issue of extended "leaves of absence." Therefore it
was felt that your request needed to be considered by the Council Subcommittee given
the responsibility of supervising compliance with the Policy.
On February 27, 1996, the Council Subcommittee met to consider your request.
Incidently, the day before, another member of the Board of Ethics submitted a letter of
resignation. This fact combined with an existing vacancy on the Board, and your
expressed interest in a six-month leave of absence generated some concern on the
Subcommittee. It was felt that with only four seated Commissioners, this could create
problems, and occasionally, may lead to the inability of the Board of Ethics to function.
Regrettably, the Subcommittee could not extend to you a six-month leave of absence.
Nevertheless, we are appreciative of your membership on the Board and service to the
community. In this regard, we are willing to offer you the first available seat on the
Board of Ethics upon your return. I have included the minutes from the Subcommittee
for your review.
Thank you again for your letter, and please contact my office when you return from your
business overseas.
Sincerely,
~J~
Shirley Horton
Mayor
SH:ab
Attachment
276 FOURTH AVENUE' CHULA VISTA' CAUFORNIA 91910' (619) 691-5044' FAX (619) 476-5379
@ ---- 16c-;1
MINUTES OF THE CITY COUNCIL SUBCOMMITTEE
.
ON BOARD, COMMISSION, AND COMMITTEE ATTENDANCE
Tuesday, Febrmuy 27, 1996
5:30 p.m.
City Council Conference Room
276 Fourth Avenue, Chula Vista
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Mayor Horton ./ , Deputy Mayor Moot.1-
ALSO PRESENT: Armando Buelna, Assistant to the Mayor and Council
2. ACTION:
a. CONSIDERATION OF COMMISSIONER VIRGIL WHITEHEAD'S REQUEST
FOR A LEAVE OF ABSENCE, FOR A PERIOD NOT TO EXCEED SIX
MONTHS, FROM THE BOARD OF ETHICS.
Armando Buelna, Assistant to the Mayor and Council gave a verbal report relating to
Commissioner Whitehead's request. Specifically, he noted that Monday, February 26,
1996, the Mayor and Council Office received a letter of resignation ITom Commissioner
Douglas Cochrane of the Board of Ethics. Mr. Cochrane's resignation, combined with an
existing vacancy on the Board and the extended absence of Mr. Whitehead would leave
only four seated Commissioners. This situation could cause a hardship, and in some cases,
may lead to an inability of the Board to function. This situation could unfortunately
continue until the Presiding Judge of the Municipal Court nominates new members to the
Board.
Deputy Mayor Moot concurred that it could create a hardship and a discontinuity on the
Board of Ethics. He suggested that if the Subcommittee does not approve the leave of
absence that we should offer Commissioner Whitehead the first available seat on the
Board when he returns.
Mayor Horton agreed with this course of action.
MOTION: Approved unanimously.
ADJOURNMENT
ADJOURNMENT AT 5:35 p.m.
by:
R:Z::U'~ iCL
ARMANDO F. BUELNA,
Assistant to the Mayor and Council
16C..Jj
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