HomeMy WebLinkAboutAgenda Packet 1996/05/07
Tuesday, May 7, 1996
4:00 p.m.
,UI des:are under per.3:ty o~ pe:;ury that I t.i1'11
em~,~ :oye.j by t>e Ci'i,y of Chuia Vjs~a in ills
Office ci the City G!cr:'t CJ:-Id H:ati: i pos";:er:1
this Agendalt~oti::;e an i.he Dulieti~, Board Qt
the Public rV'ces BuJding $ at ity Hi'11 n
DATED. S; SIGNED "
Council Chambers
Public Services Building
Re2ular Meetin2 of the City of Chula Vista City Council
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:
April 16, 1996 (Joint Meeting of the City Council/Redevelopment
Agency) and April 23, 1996 (City Council)
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the week of May 1 through May 7,1996 as "YOUTH WEEK." Theproclamation
will he preseoted by Mayor Horton to Robert Johnstone, Exalted Ruler of the Chula Vista Elks
#ZOll, and Garry Hummel, Youth Activities Chairman.
b. Proclaiming the month of May as "Older Americans Month." The proclamation will be
presented by Mayor Horton to Ignacio Valdovinos, Vice Chair of the Chula Vista Commission
on Aging.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to Olljourn the meeting.
Because of the cost involved, there will be no videotaping of the recollvened portion of the meetillg. However,
final actions reported will be recorded in the minutes which will be available ill the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby alld sllbmit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommelldatioll; complete the pillk fom. to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
Agenda
-2-
May 7, 1996
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no reportable actions taken in Closed
Session on 4/23/96. It is recommended that the letter be received and tiled.
b. Letter of resignation from Marie A, Miehls - Child Care Commission. It is recommended that
the resignation he accepted with regret and the City Clerk be directed to post immediately
according to tbe Maddy Act in the Clerk's Office and the Public Library.
6. ORDINANCE 2670 AMENDING TITLE 10 OF THE MUNICIPAL CODE (VEHICLES AND
TRAFFIC) AS REQUIRED TO IMPLEMENT A RECENT CITY
COUNCIL POLICY FOR DELEGATING ADDITIONAL AUTHORITY IN
IMPLEMENTING TRAFFIC CONTROL MEASURES TO THE CITY
ENGINEER WITH THE CONCURRENCE OF THE SAFETY
COMMISSION (second readin!! and adoption) - On 3/14/95, Council
approved a Council Policy granting additional authority to the City Engineer and
the Safety Commission on implementing Traffic Regulations. Council direction
was for staff to revise the Municipal Code to accommodate implementation of
the policy and the procedures established in it. Staff reconunends Council place
the ordinance on second reading and adoption. (Director of Public Works)
7. RESOLUTION 18272 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD ON MARCH 26,1996, DECLARING THE RESULT, AND SUCH
OTHER MATTERS AS PROVIDED BY LAW - The municipal election held
on March 26, 1996 has beeo canvassed certified by the County Registrar of
Voters. Before Council is a resolution to confirm and declare the results. Staff
recommends approval of the resolution. (City Clerk)
8. RESOLUTION 18273 AUTHORIZING THE CITY TO AWARD BID TO EBSCO PUBLISHING
FOR A ONE YEAR SUBSCRIPTION TO MASTERFILE 1000 VIA
EBSCOHOST - The Library has conducted an evaluation of on-line periodical
vendors using an informal bid proc~Jure. A committee recommended Ebsco's
Masterfile 1000, at $18,300, over Information Access' product priced at
$52,430. Staff recommends approval of the resolution. (Library Director)
9. RESOLUTION 18274 ACCEPTING A TECHNICAL ASSISTANCE GRANT FROM THE
CALIFORNIA HEALTHY CITIES PROJECT AND APPROPRIATING
GRANT FUNDS IN THE AMOUNT OF $7,500 TO IMPLEMENT THE
CITY'S YOUTH NEWSPAPER PROJECT - On 3/28/96, the Department was
informed that its ~xt~nsion application and project proposal to the California
Healthy Cities Project had been accepted. The technical assistance grant of
$7,500 was approved by the California Healthy Cities Project to fund the City's
project for a second year. Staff rfXomm~nds approval of the resolution.
(Director of Parks and Recreation) 4/5th's vote required.
Agenda
-3-
May 7, 1996
10. RESOLUTION 18275 APPROVING AGREEMENT FOR GEOTECHNICAL AND MATERIAL
TESTING SERVICES WITH KLEIN FELDER, INC., AND
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE
CITY - The City's current contract with Law/Crandall Inc. for materials testing
services is due to terminate when the authorization limit reaches $400.000.
Engineering staff has negotiated a new contract with Kleinfelder Inc., which will
terminate 6/30/98 with an authorization limit of $200,000. Staff followed the
consultant selection process in Municipal Code Section 2.56.230. Staff
recommends approval of the resolution. (Director of Puhlic Works)
11. RESOLUTION 18276 APPROVING THE AGREEMENT FOR WAIVER OF CITY'S HEARING
RIGHTS AND MAKING A FINDING THAT CONDITIONS IN AN
AGREEMENT FOR FACILITY DEVELOPMENT ON BALDWIN
PARCEL BETWEEN THE CITY OF CHULA VISTA AND OT A Y WATER
DISTRICT HA VE BEEN MET TO THE SATISFACTION OF THE CITY
UPON ADOPTION OF WATER MASTER PLAN BY OTAY WATER
DISTRICT - In 1992, Otay Water District purchased a 50 acre site for a
concrete covered water reservoir. At that time, their standard for sizing the
amount of covered water storagt:: was 10 average days. Chula Vista was
opposed to 10 days storage under cover due to the high cost and initiated a
lawsuit over the purchase which was settled by entering into the subject
agreement. Since that time the City and Otay Water District have entered into
an agreement to allow Otay to serve the Otay Ranch. Staff recommends
approval of the resolution and waiver of the necessity for a public hearing.
(Director of Public Works)
12.A. RESOLUTION 18277 APPROVING FINAL MAP OF CHULA VISTA TRACT 95-04,
EASTLAKE GREENS, UNIT 22, REJECTING ON BEHALF OF THE
CITY THE OPEN SPACE LOT GRANTED ON SAID MAP, ACCEPTING
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING MAYOR TO
EXECUTE SAME On 1/23/96, Council approved the Tentative Subdivision
Map for Chula Vista Tract 95-04, EastLake Greens, Unit 22. On 7/18/89,
Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3,
EastLake Greens. Both resolutions contain conditions of approval applicable to
EastLake Greens, Unit 22. The tinal map for EastLake Greens, Unit 22 is
before Council for approval. Staff recommends approval of the resolutions.
(Director of Public Works)
B. RESOLUTION 18278 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR EAST LAKE GREENS, UNIT 22 REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTIONS NO. 15200 AND 18175 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
13. REPORT CHULA VISTA PUBLIC LIBRARY'S APPLICATION FOR FEDERAL
DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND
CONSTRUCTION ACT EXPLORING AFRICAN AMERICAN CULTURE
GRANT FUNDS FOR FISCAL YEAR 1996/97 - The Chula Vista Public
Library has applied for $5,000 in funding under the Federal Library Services
and Construction Act, Exoloring African American Culture grant to purchase a
Agenda
14.
REPORT
-4-
May 7, 1996
collection of African American materials which will be housed at the Civic
Center/Main Library. Staff recommends Council accept the report and ratify
the application. (Library Director)
APPLICATION OF THE CHULA VISTA LITERACY TEAM FOR
CALIFORNIA STATE LIBRARY - CALIFORNIA LIBRARY SERVICES
ACT FAMILIES FOR LITERACY GRANT FUNDS FOR FISCAL YEAR
1996/97 - The Chula Vista Literacy Team has offered family literacy
programming for the past tive years. The Family Reading Program was
developed to break the inter-generational cycle of illiteracy by providing special
literacy programming, and a home collection of quality children's books and
magazines for each participating family. The program involves partnerships
with the South Bay Head Start, Chula Vista Elementary School District's Even
Start Program, and the Sweetwater Union High School District. Staff
recommends Council accept the report and ratify the application. (Library
Director)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Foml" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green foml to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
15.
PUBLIC HEARING
16.
PUBLIC HEARING
REVIEWING AND CONSIDERING THE ADOPTION OF THE COUNTY
OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN - The
environmental documents for the tinal draft of the Countywide Summary Plan
and the Countywide Siting Element must be approved by the San Diego County
Board of Supervisors prior to approval by local jurisdictions. The County Board
of Supervisors postponed their approval to the 08/06/96 meeting. Staff
recommends Council postpone the public hearing until after the County Board
of Supervisors has taken the required action. Continued from the meeting of
4/23/96. (Conservation Coordinator)
PCM-94-04; CONSIDERATION OF A STREET NAME CHANGE FOR
THE SEGMENT OF EAST ORANGE A VENUE BETWEEN HUNTE
PARKWAY AND WUESTE ROAD - The proposal consists of changing the
street name to "Olympic Parkway." This is the first phase of an overall
program to rename East Orange A venue from Interstate 805 to Wueste Road.
Future street name change phases will occur as the area along East Orange
Avenue is developed. Staff recommends the nublic hearin2 be continued to
the meetin2 of 5/21/96. (Director of Planning) Continued from the meeting
of 4/16/96.
c
Agenda
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May 7, 1996
17. PUBLIC HEARING PROPOSAL TO ADOPT AN EXEMPTION POLICY IN THE "EASTERN
AREA DEVELOPMENT IMPACT FEE FOR STREETS" AND THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE AND TO MODIFY
THE FEE RATE SCHEDULE FOR THE "EASTERN AREA
DEVELOPMENT IMPACT FEE FOR STREETS" - Currently the TransDIF
program does not consider the land use category "Community Purpose Facility"
(CPF). Staff proposes to correct this inconsistency by adoption of an exemption
policy for types of development consistent with the CPF land use, and
exempting development projects of this class from the TransDIF. If approved,
refunds or reimbursement of certain fee payments previously made by
Community Purpose Facility Projects would be made. Staff recommends
Council place the Ordinance on first reading and approve the resolution.
(Director of Public Works)
A. ORDINANCE 2671 MODIFYING THE FEE RATE SCHEDULE OF THE "EASTERN AREA
DEVELOPMENT IMPACT FEE FOR STREETS" (first readin!!:)
B. RESOLUTION 18279 AppROVING AN EXEMPTION POLICY IN THE "EASTERN AREA
DEVELOPMENT IMPACT FEE FOR STREETS" AND THE "PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE" AND APPROVING
REFUND OR REIMBURSEMENT OF TRANSpORTATION
DEVELOPMENT IMPACT FEES TO CERTAIN "EXEMPT FACILITIES"
18. PUBLIC HEARING TO CONSIDER FISCAL YEAR 1996/97 DRAFT ANNUAL ACTION PLAN
AND CONSIDER PUBLIC COMMENT AND TESTIMONY REGARDING
THE PLAN; AND HOUSING AND COMMUNITY DEVELOPMENT
NEEDS FOR FISCAL YEAR 1996/97 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM, INCLUDING CONSIDERATION
OF FUNDING REQUESTS FOR PUBLIC SERVICES, CAPITAL
IMPROVEMENTS, COMMUNITY DEVELOPMENT, AND
ADMINISTRATION AND PLANNING - The Annual Action Plan is a
document that identifies a jurisdiction's overall housing and community
development needs and outlines a one year action plan for the expenditure of all
Federal HUD resources. No staff recommendations are being made at this time,
and Council is not expected to take any action other than to give direction. Staff
recommends Council accept public comments and direct staff to return on
5/28/96 with a final dran nf the Annual Action Plan and CDBG funding
recommendations. (Director of Community Development)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is !l!ll an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
"
Agenda
-6-
May 7, 1996
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staf/recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
19. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH
JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT ON CITY-
OWNED PROPERTY - On 11115/94, Council directed staff to return with a
new exclusive negotiating agreement with Joelen Enterprises to develop the
proposed hotel located on the 4400 block of Bonita Road adjacent to the Chula
Vista Municipal Golf Course. Staff recommends approval of the resolution.
(Director of Community Development) Continued from the meeting of
4/23/96.
20.A. REPORT PROPOSED CHANGES IN THE CALIFORNIA VEffiCLE CODE
REGARDING SPEED LIMIT CHANGES AND RECENT LEGISLATION -
The report is in response to recent Council action on increasing the posted speed
limit on East "J" Street from 30 mph to 35 mph. The purpose of the report is
to inform Council of the progress and history regarding legislation which allows
local agencies more freedom in establishing speed limits. Staff recommends
Council accept the report and proceed with current practices regarding the
establishment of local speed limits until such time as legislation currently being
pursued is enacted. (Director of Public Works)
B. ORDINANCE 2667 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL
CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN
AREAS FROM 30 M.P.H. AND ESTABLISHING A SPEED LIMIT OF 35
M.P.H. ON HILLTOP DRIVE FROM EAST RIENSTRA STREET TO
ORANGE A VENUE (second readin~ and adoption) - Based on provisions of
the California Vehicle Code Section 40803, and pursuant to authority under the
Municipal Code Section 10.48.030, staff has determined that based on a traffic
and engineering study, the speed limit on Hilltop Drive between East Rienstra
Street and Orange Avenue be increased from 30 m.p.h. to 35 m.p.h. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Public Works) Continued from the meeting of 3/26/96.
Agenda
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May 7, 1996
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calentklr.
Agentkl items pulkd at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
21. CITY MANAGER'S REPORT/S)
a. Scheduling of meetings.
22. MAYOR'S REPORT/S)
a. Discussion of selection criteria for Annual Civic Recognition Awards and suggestion for the
creation of a subcommittee to review nominations.
b. Current City Council Committee assignments. Continued from the meeting of 4/23/96.
23. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on May 14, 1996
at 6:00 p.m. in the City Council Chambers.
*****
CLOSED SESSION
Uniess the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pemlitled by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of.llm11 action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
24. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Anticipated litigation pursuant to Goverrunent Code Section 54956.9
. Tiger Development Two/Baldwin - motion for relief from stay.
Agenda
-8-
May 7, 1996
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, 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.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
April 24, 1996
MEMO TO:
Vicki Soderquist, Deputy City Clerk
~
Patricia Salvacion, Mayor/Council office
FROM:
SUBJECT:
SPECIAL ORDERS OF THE DAY, MAY 7,1996
Proclaiming the week of May 1 through May 7, 1996 as YOUTH WEEK.
The proclamation will be presented by Mayor Horton to Robert Johnstone, Exalted Ruler
of the Chula Vista Elks #2011, and Garry Hummel, Youth Activities Chairman.
~L\ - J
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May 2, 1996
FROM:
The Honorable Mayor and City COU~C'l
John D. Goss, city Manage~~ ~
city council Meeting of May 7, 1 96~
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular
city council meeting of Tuesday, May 7, 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 April 23, 1996.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT THE RESIGNATION OF MARIE A. MIEHLS FROM
THE CHILD CARE 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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~~~~
OlY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
May 2, 1996
To:
The Honorable Mayor and city council
From:
Bruce M. Boogaard, City Attorney
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 4/23/96
The City Council met in Closed Session to discuss the sale and
disposition of city-owned property at F and Woodlawn and labor
negotiations.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session of April 23,
1996, there were no actions that are required to be reported under
the Brown Act.
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276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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RECEIVE.D
April 24, 1996
'96 APR 29 P2 :25
CLi, Y, OF GHUlA VIST;
an ClMK'S tfFIC~
City of Chula Vista Council Members,
Child Care Commission and
Bob Morris, Staff Liaison
276 Fourth Ave.
Chula Vista, CA 91910
Dear Council Members, Commission Members and Mr. Morris,
It is with deep regret that I find it necessary to resign my seat on the Child Care
Commission.
My work with the Vista Hill Behavioral Health Center establishing intervention
and prevention programs for teens and parents has extended to North County.
The job obligations, as well as having an eighty and eighty two year old mother
and father to care for in my home, has become a challenge at best.
I appreciate having been given the opportunity to serve on the Child Care
Commission and working on the Child Care Element. It has been a pleasure
also, to work with the very dedicated and committed community members.
I hope I will be able to serve once again in the future on the child care or another
commission. I believe giving back to the community by becoming involved is an
important part of growth.
Thank you once again.
Sincerely,
")Jz.CU<:L/ c nJi!J
Marie A. MiehIs, Director
Early Intervention & Prevention Programs
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DATE: April 29, 1996
TO: Mayor and City Councilmembers
FROM: Beverly A. Authelet, City ClerkV'
SUBJECT: Changes to Ordinance 2670, Title 10
In preparing Ordinance 2670 for second reading, I found some sections which were inconsistent
with current practice. I did not feel that it was necessary to file these schedules with the city
clerk because it created a duplicate record and more paper to be maintained. I discussed this
with Rudy, who helped draft this ordinance. He concurred and the references to filings with the
city clerk have been eliminated.
As a side note, I believe this is also consistent with the City-wide Records Program which is
trying to reduce the amount of paper. It is also consistent with some new bills being considered
by the legislature (AB 2989, called the Paper Reduction Act of 1996, and AB 2458) whereby
the legislature is trying to reduce paper being submitted by eliminating the number of paper
copies required to be filed by also filing electronically. I believe we should be doing more of
that instead of so many paper copies.
Please note that the following are the changes made to Ordinance 2670:
Page 5, section F(l) - maintenance of records pertaining to schedules of streets will be
maintained by the city engineer with copies to the police department. Schedules have
never been filed with the city clerk.
Page 15, third line from the top: elimination of filing with the city clerk.
Page 28, under Editor's note: elimination of filing with the city clerk.
Page 31, under Editor's note: elimination of filing with the city clerk.
Page 34, Section 10.52.030, under Editor's note: elimination of filing with the city
clerk.
Page 39, Section 10.52.270, under Editor's note: elimination of filing with the city clerk.
Page 58, second line from the bottom, under Editor's note: elimination of filing with the
city clerk.
b-/
I.
Mayor and City Councilmembers
April 29, 1996
Page 2
None of these changes are substantial; therefore, I believe the ordinance could still be placed on
second reading and adoption.
I will be submitting these to council along with the ordinance for second reading. If you have
any problems with this, get back to me.
cc: Bruce M. Boogaard
6-dL
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DATE: May 2, 1996
TO: Mayor and City Council members
FROM: Beverly A. Authe1et, City Cler~
SUBJECT: Changes to Ordinance 2670, Title 10
In preparmg Ordmance 2670 for second readmg, I found some sectIOns whIch were mconslstent wIth
current practice. I did not feel that it was necessary to file these schedules with the city clerk because
it created a duplicate record and more paper to be maintained. I discussed this with Rudy, who helped
draft this ordinance. He concurred, and the references to filings with the city clerk have been eliminated.
As a side note, I believe this is also consistent with the City-wide Records Program which is trying to
reduce the amount of paper being stored. It is also consistent with some new bills being considered by
the legislature (AB-2989, called the Paper Reduction Act of 1996, and AB 2458) whereby the legislature
is trying to reduce paper being submitted by eliminating the number of paper copies required to be filed
by also filing electronically. I believe we should be doing more electronically instead of so many paper
copies.
Please note that the following are the changes made to Ordinance 2670:
Page 5 of the ordinance (page 6-9 of the agenda packet), section F(I) - maintenance of records
pertaining to schedules of streets will be maintained by the city engineer with copies to the police
department. Schedules have never been filed with the city clerk.
Page 15 of the ordinance (6-19 of the agenda packet), third line from the top; elimination of filing
with the city clerk.
Page 28 of the ordinance (6-32 of the agenda packet), under Editor's note: elimination of filing
with the city clerk.
Page 31 of the ordinance (6-35 of the agenda packet), under Editor's note: elimination of filing
with the city clerk.
Page 34, Section 10.52.030 of the ordinance (6-38 of the agenda packet), under Editor's note:
elimination of filing with the city clerk.
Page 39, Section 10.52.270 of the ordinance, (6-43 of the agenda packet), under Editor's note:
elimination of filing with the city clerk.
Page 58, second line from the bottom, of the ordinance, (6-62 of the agenda packet), under
Editor's note: elimination of filing with the city clerk.
Since none of these changes are substantial, the ordinance could still be placed on second reading and
adoption.
cc: Bruce Boogaard
6-.J
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COUNCIL AGENDA STATEMENT
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ITEM TITLE::~;' \" Ordinance .2J.?t? Amending Title 10 of the Chula Vista Municipal
,:-' Code (Vehicles and Traffic) to delegate additional authority in
, " implementing Traffic Control Measures to the City Engineer and the Safety
Commission.
~~MITI'ED BY: Director of Public Works \\~\
REVIEWED'Y, Ci<y.....g~ ~ ~
Item ~ "
Meeting Date oi/''1:~ $'/11'1'-
(4/5 Vote: Yes~o..xJ
Council Referral No. 2557
At the March 14, 1995, meeting Council approved Resolution 17833 adopting a Council Policy
granting additional authority to the City Engineer and the Safety Commission on implementing
Traffic Regulations. Council direction at that point was for staff to revise the Municipal Code to
accommodate implementation of the policy and the procedures established in it. The purpose of
the policy was to streamline the City Council agenda by reducing the number of traffic related
items that come before the City Council.
RECOMMENDATION: The City Council place the ordinance on fIrst reading, amending
Title 10 of the Chula Vista Municipal Code, as revised and submitted by staff and the City
Attorney, as the law of the City of Chula Vista as it relates to the regulation of "Vehicles and
Traffic", delegating additional authority in implementing Traffic Control Measures to the City
Engineer and the Safety Commission..
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of January 11, 1996, received an oral report on the status of the proposed changes to the
Chula Vista Municipal Code and has approved the changes in concept. Staff does not believe
that there is a need for the Commission to review the fmal draft of the language.
DISCUSSION:
This item involves proposed amendments to Title 10 of the Municipal Code to implement a policy
adopted by Council on March 14, 1995. The language to be incorporated into the Code includes
delegation of authority for certain traffic regulations to the City Engineer with the concurrence
of the Safety Commission, as well as some streamlining of the code and language clarifIcations
to the existing code to enable City officials to implement these codes and to reduce ambiguity and
the need for interpretation. It also includes the removal of sections from the Code, which are now
redundant or no longer necessary as a result of this change in delegation of authority, or have been
superseded by the California Vehicle Code.
Many of the items brought the City Council before adoption of the policy were considered to be
routine in stature and operational in nature. The Council Policy now authorizes the City Engineer
to implement these types of traffic regulations, with the concurrence of the Safety Commission,
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without having to bring each individual case before the City Council. The policy also establishes
a procedure for the requesting parties involved to appeal the decision of the City Engineer and the
Safety Commission. The policy also reserves decision making authority with the City Council
on those items which the California Vehicle Code requires action by the City Council, including
but not limited to Speed Regulations, Angle Parking, Parking Meter Zones, Permit Parking, and
Truck Routes.
The primary changes in the Code, take place in the areas of the General Provisions, Chapter
10.04, and in Traffic Administration, Chapter 10.12. These sections were rewritten to establish
the authority with the City Engineer and the Safety Commission on items which formerly required
individual action of the City Council. Since the policy also reserved authority with the City
Council on certain matters, it was necessary to draft language within the Code which would
memorialize these reservations and appropriately delegate authority consistent with the policy.
The act of delegating this authority, once provided for by Ordinance of the City Council, creates
a change in the authority to place traffic control devices as well as the powers and duties to
enforce these regulations. These changes in the Code take place in Chapters 10.04, 10.12, and
10.24. Other changes contained in this ordinance, include the deletion of sections of the Code
which have been made obsolete by this change in authority or by subsequent revision of the
California Vehicle Code. There are also several defInitions which have been revised or created
to clarify the meaning of certain terms used in creating this legal authority.
The remainder of the changes and deletions incorporated into the proposed language can be
classed as housekeeping in nature. There are many sections contained within Title 10 which are
addressed in the California Vehicle Code, and may be redundant or may be in possible conflict
with other sections of the Chula Vista Municipal Code. The other changes in the Code are
intended to reduce some of the ambiguity in the language which previously existed in Title 10.
Additionally, the Ordinance calls for a change in how records are kept of these regulations. In
the past, all major regulations were required to be maintained as a list of locations where the
regulations apply. These Schedules were to be maintained by the office of the City Clerk. Since
most traffic regulations required action of the City Council to implement, this duty was considered
as a routine part of recording Council actions. Some regulations were implemented by staff as
operational changes, such as minor parking regulations. In this process, any operational change
which did not go before City Council for action was not kept as a record with the regulation
changes maintained by the City Clerk. The proposed ordinance provides that the office of the
City Engineer will be responsible for maintaining these Schedules in a Register in the office of
the City Engineer. Since all work orders for the placement of Traffic and Parking Control
Devices are written and installed under the authority of the City Engineer, even these minor
regulations will be included in these Schedules.
This feature of maintaining accurate records of all legally implemented traffic regulations
established is important in regard to the aspects of enforcement and liability. Currently, if a party
questions the authority of traffic regulations in the courts, the City may not have adequate records
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Meeting Date 4/23/96
of some of these regulations having been legally implemented. In the newly devised system there
would be a record of all traffic controls within the City of Chula Vista, along with the date they
were implemented, as well as under whose authority they were placed. This system will be of
benefit to the Police Department when appearing in court on contested traffic violations, as well
as a more complete record of the implementation of traffic regulations for the purposes of liability
defense.
To ensure continuity, during the interim period between adoption and implementing of the policy,
several individual ordinances have been brought forward to Council. Last year, the Finance
Department went forward with changes to Chapter 10.62 which revised the fees, fmes, and
forfeitures assessed with Parking Violations and Enforcement. Building and Housing recently
brought forward an item dealing with abandoned vehicles. These sections will now be
incorporated into the remainder of the revisions presented in this ordinance.
Staff recommends that the City Council place this ordinance on first reading thereby implementing
the necessary revisions to Title 10 of the Chula Vista Municipal Code which will effectively
delegate authority to the City Engineer with the concurrence of the Safety Commission as
incorporated within City Council Policy number 110-09, "Safety Commission Policy - Delegating
Additional Authority" as adopted by resolution 17833 on March 14, 1995. Attached to this report
are copies of the resolution and the newly adopted Safety Commission Policy, as well as the
changes to Title 10 of the Chula Vista Municipal Code as drafted by the City Attorney with
consultation from the City Engineer and the Chula Vista Police Department.
Approval of the Ordinance will implement the above described changes.
FISCAL IMPACT: This action implements policy previously adopted by the Council. As such,
the fiscal impact of this action is minimal.
Attachments:
Exhibit A: Resolution 17833 adopted March 14, 1995
Exhibit B: Safety Commission Policy adopted by Resolution 17833
Exhibit C: Strikeout version of proposed Title 10 revision
File: 01OO-55-KY-158
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ORDINANCE NO. 2670
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AN ORDINANCE AMENDING TITLE 10 OF THE CHULA VISTA
MUNICIPAL CODE (VEHICLES AND TRAFFIC) TO DELEGATE
ADDITIONAL AUTHORITY IMPLEMENTING TRAFFIC CONTROL
MEASURES TO THE CITY ENGINEER AND SAFETY
COMMISSION
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WHEREAS, on March 14, 1995, the city council approved Resolution 17833, adopting
the council policy granting additional authority to the city engineer and safety commission in
implementing traffic regulations and traffic control measures; and
WHEREAS, the city council directed staff to implement such policy by revising the
Municipal Code to accommodate the implementation of said policy
NOW, THEREFORE, the city council of the City of Chula Vista does hereby ordain as
follows:
SECTION I. Title 10. "Vehicles and Traffic", is hereby amended to read as set forth on
Exhibit A hereto.
SECTION II. This ordinance shall take effect and be in full force and effect on 30th day
from and after its adoption.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
Bruce M. Boogaard
City Attorney
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Ordinance 2670
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of May, 1996, by the following vote:
AYES:
Councilmembers:
Alevy, Moot, Padilla, Rindone, Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 55.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2670 had its first reading at a regular meeting held on the 23rd
day of April, 1996 and its second reading and adoption at a regular meeting of said City
Council held on the 7th day of May, 1996.
Executed this 7th day of May, 1996.
Beverly A. Authelet, City Clerk
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Chapters:
10.04
10.08
10.12
10.16
10.20
10.24
10.28
10.32
10.36
10.40
10.44
10.48
10.52
10.56
10.60
10.62
10.64
10.68
10.72
10.76
10.80
10.84
10.86
Title 10
VEHICLES AND TRAFFIC
General Provisions.
Definitions.
Traffic Administration.
Enforcement of Traffic Laws.
Accident Reports.
Traffic Control Devices.
Driving Rules.
Through Streets and Stop Intersections.
Yield Right -i)f -Way Streets.
Turning Movements.
One-Way Streets and Alleys.
Speed Regulations.
Stopping, Standing and Parking.
Parking Meters, Parking Meter Zones and Pennit Parking.
Loading Zones.
Parking Violations and Enforcement.
Truck Routes.
Repealed.
Bicycles.
Pedestrians.
Abandoned Vehicles.
Parking Restricted on Private Property.
Pennit Parking In Residential Zones.
Ordinance 2670
Page 3
Exhibit A
NOTE: Footnotes are nwnbered throughout the text and are located at the end of this title.
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Ordinance 2670
Page 4
Chapter 10.04
GENERAL PROVISIONS'
Sections:
10.04.010 Short title.
10.04.020 Intent and purpose of provisions.
10.04.030 Regulation and Maintenance of schedules of streets and zones subject to regulatory
provisions
10.04.040 Criminal Provisions and Administrative Remedies.
10.04.010 Short title
This title (fitle 10) shall be known and may be cited as the "Traffic Code." (Ord 2670. 1996; Ord 973 ~1
(part), 1966; prior code ~19. 1.1).
10.04.020 Intent and purpose of provisions.
A. It is the purpose and intent of the city council in adopting this title to provide a convenient compilation of the
rules and regulations governing and controlling the movement of motor vehicles and traffic in Cbula VistJI.
These rules and regulations are further intended to supplement the regulations contJIined in the Vehicle Code
of the stJIte of California in those instJlnces where the suhject matter is not covered hy stJIte traffic laws, and
to adopt local regulations where express power is granted to local authorities to control particular suhject
matter. It is the purpose of this title to provide stJlndards and guidelines for the administration of motor
vehicles and traffic regulations for those departments charged with such responsibility in the city. CertJiin
definitions and regulations contJIined herein incorporate the exact language of the Vehicle Code of the stJIte
of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any
definitions or regulations are not contained herein, or if definitions or regulations contained herein are
inconsistent with the Vehicle Code, such defmitions or regulations as found in the Vehicle Code as it exists
or as it may be amended shall apply.
B. It is further the purpose and intent of the city council by enacting Ordinance 2670, which amends Title 10
of the Chula VistJI Municipal Code to delegate to the city engineer the responsibility and authority to adopt
and promulgate traffic and parking control measures pursuant to the stJlndards promulgated by the California
Vehicle Code and the California Department of TransportJition (Caltrans) Traffic Manual, with the
concurrence of the safety commission, that such enactment and process constitutes the enactment of an
ordinance or resolution when required by the language of certJiin sections within Division II of the California
Vehicle Code through which traffic and parking control is to be exercised and effected within the
jurisdictional limits of the city of Chula VistJI.
C. It is further the intent of the city council, and it is hereby so authorized, that the city engineer, upon the
concurrence of the safety commission pursuant to section 10.04.030, shall have the power and authority to
adopt, amend, alter or modify any regulation, as defined by section 10.08.195, which creates or estJIblishes
a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted
by ordinance or resolution of the city council, that regulation may be hereafter modified or abrogated by the
city engineer pursuant to the process outlined in section 10.04.030.
(Ord 2670, 1996; Ord 2670, 1996; Ord 973 ~l (part), 1966; prior code ~19. 1.2).
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Ordinance 2670
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10.04.030 Regulation and Maintenance of schedules of streets and zones subject to regulatory provisions.
A. Subject to section 10.04.03OG, the city council, at the concurrence of the city manager, hereby delegates the
authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control
measures, standards and requirements in the public right of way to the city engineer after review by the safety
commission, unless, on affirmative vote of the majority of the membership of the safety commission, the
commission objects to the proposed action by the city engineer, in which case the matter shall be referred
to the city council and the authority as to such matters shall thereafter be re-vested in the city council to be
exercised upon the affirmative vote of at least three members of the city council.
B. The safety commission may not initiate or order the implementation of a traffic control measure, but may
recommend to the city engineer the consideration of a proposed traffic or parking control measure. If the
city engineer declines to implement a traffic or parking control measure recommended by the safety
commission, the safety commission may refer the matter to the city council, and. following such referral, the
authority to implement or order the particular traffic safety measure recommended by the safety commission
shall be vested in the city council.
C. The safety commission shall utilize the standards and procedures established in the California Vehicle Code
and the state of California (Caltrans) Traffic Manual in its deliberations and recommendations, but may base
its recommendations to the city engineer, or city council when applicable, upon other matters of public policy
affecting traffic safety.
D. The city engineer shall exercise the responsibility and authority hereby delegated for the determination,
design, administration and enforcement of traffic and parking control measures and installation of devices
consistent with the standards and warrants contained in the latest effective edition of the state of California
Traffic Manual as amended, a copy of which is on file in the office of the city engineer. The city engineer
shall promptly file any amendments to or later editions of the state of California (Caltrans) Traffic Manual
or successor manuals promulgated by the state of California pursuant to the authority of the California
Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations
adopted by the city engineer.
E. Except as provided in section 10.52.070, no traffic control measure or parking control measure shall be
enforceable nor shall a violation be punishable until an appropriate traffic control device or parking control
device meeting the standards prescribed in section 1O.04.030D is posted or installed. Posting or installation
shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted
under Title 10 of the Chula Vista Municipal Code.
F. Administration and maintenance of records by the city engineer shall be as follows:
1. The city engineer shall fil. Titk th. .ily .l.ok 888 ~i\jjim~i#g~J~!!\'i#~_r\Wi~!m~M@~yi4'i
the chief of police copies of all administrative intefj;retatloiis "an",(detenmnatlonsHmade..pursuant "to
section 10.04.030 which govern the installation and administration of traffic control measures and
parking control measures in the city of Chula Vista.
2. The city engineer shall maintain a register of all schedules which establish parking and traffic control
measures for streets within the city, and shall incorporate into those schedules the streets, zones and
intersections and restrictions or limitations previously listed in Schedules 1 through XVI as were
previously codified in Title 10 prior to their repeal by Ordinance 2670. The repeal or amendment of
those sections by Ordinance 2670 is intended to merely delete reference to the street designations
within the text of the municipal code. Parking and traffic control measures upon those streets, zones
and intersections shall be administered by the city engineer pursuant to section 10.04.030.
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Page 6
G. EKeptions: The city council reserves the right to enact ordinances and resolutions, and the city engineer
sball make recommendations to tbe council as appropriate, on tbe following matters:
1. Traffic control measures budgeted by the city as a capital improvement project budget.
2. Special event regulations establishing and maintaining traffic control measures for special events and
community events using tbe public right of way.
3. Regulations adopted pursuant to California Vehicle Code ~21101(a) and (c).
4. Traffic control measures affecting community businesses, and baving an impact on tbe availability of
parking within business districts including, but not limited to, angle parking and installation of parking
meters.
5. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code
~21107 and 21107.8.
6. Ordinances or resolutions which amend, modify or restrict the authority of the city engineer or which
establish policy to guide tbe city engineer's exercise of autbority pursuant to this code.
7. Establishment of parking meter zones and parking fees pursuant to Vehicle Code section 22508.
8. Establishment of speed limits pursuant to California Vehicle Code sections 22357 and 22358.
H. Emergency and Road Construction events - The city engineer's autbority regarding the adoption of traffic and
parking control measures for emergencies and road construction is as follows:
1. Road Construction. The authority to establish and maintain traffic control measures for road
construction events shall be vested solely in the city engineer, unless overruled by the affirmative vote
of three members of the city council. Referral to and concurrence of tbe safety commission is not
required. The city engineer shall, under the following circumstances, advise the council a minimum
of seven days in advance in writing of the following proposed traffic control measures exercised under
the authority of this subsection:
a. The proposed measure may involve complete road closures on any road;
b. The proposed measure may involve significant interference witb traffic on higb volume roads;
c. The proposed measure may involve long term partial road closures on any road;
d. The proposed measure may involve interference with access to any business;
e. The proposed measure may involve the rerouting of traffic througb residential areas.
2. Emergency traffic regulations. The city engineer may enact emergency traffic regulations with the
concurrence of the chief of police when necessary to immediately preserve the public bealth, safety
and welfare, and shall report the same to the city council within seven days. Emergency traffic
regulations shall remain valid and effective until set aside or modified by the city council. Referral
to the safety commission is optional.
(Ord 2670, 1996; Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.22.1 (part)).
Section 10.04.040 - Criminal Provisions and Administrative Remedies.
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Ordinance 2670
Page 7
A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or
parking control device within the city of Chula Vista. This section shall be cited as authority except when
a more specific provision is contained in the California Vehicle Code or elsewhere in Title 10 of the Chula
Vista Municipal Code, in which case the more specific provisions will be used..
B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was
not promulgated or installed according to the regulations contained in Title 10 or the California Vehicle Code
may petition the safety commission to examine the matter, and may appeal that determination to the city
council within 10 days following.
(Ord 2670, 1996)
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Ordinance 2670
Page 8
Chapter 10.08
DEFINITIONS'
Sections:
10.08.010 Definitions.
10.08.020 Alley.
10.08.030 Bicycle.
10.08.031 Bicycle dealer.
10.08.032 Bicycle lane.
10.08.033 Bicycle path.
10.08.034 Bicycle route.
10.08.040 Bus.
10.08.050 Bus loading zone.
10.08.060 Business district.
10.08.070 Council.
10.08.080 Crosswalk.
10.08.090 Curb.
10.08.095 Cyclist.
10.08.100 Divisional island.
10.08.110 Holidays.
10.08.120 Loading zone.
10.08.130 Official time standard.
10.08.140 Park or parking
10.08.145 Parking Control Measure
10.08.146 Parking Control Device
10.08.150 Parking meter.
10.08.160 Parkway.
10.08.170 Passenger loading zone.
10.08.180 Pedestrian.
10.08.190 Police officer.
10.08.195 Regulation
10.08.200 Stop or stopping.
10.08.210 Taxicab stand.
10.08.215 Traffic Control Measure
10.08.216 Traffic Control Device
10.08.220 Vehicle Code.
10.08.010 Definitions.
The following words and phrases, when used in this title, shall for the purpose of this title have the meanings
respectively ascribed to them in this chapter. Words and phrases defmed herein in the language of the Vehicle Code
of the state of California shall be cited by the section number of said Vehicle Code as indicated. Whenever any
words or phrases used herein are not defined but are defmed in the Vehicle Code and amendments thereto, such
definitions shall apply. (Ord 973 ~I (part), 1966; prior code ~19.1.3 (part)).
10.08.020 Alley.
'Alley' means any public highway having a roadway not exceeding twenty-five feet in width, which is
primarily used for access to the rear or side entrances of abutting property. (Cite section 110 Vehicle Code.) (Ord
973 ~I (part), 1966; prior code ~19.1.3.(A)).
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Ordinance 2670
Page 9
10.08.030 Bicycle.
"Bicycle" means any device upon which any person may ride, propelled by human power through a belt,
chain or gears, and having either two or three wheels in tandem or tricycle arrangement, excepting therefrom any
such device not more than three feet in height used by small children. (Ord 1830 ~ I (part), 1978; Ord 973 ~ I
(part), 1966; prior code ~19.1.3(B)).
10.08.031 Bicycle dealer.
"Bicycle dealer" means any person, firm, partnership or corporation which is engaged wholly or partly in
the business of selling bicycles, or buying or taking in trade bicycles for the purposes of resale, selling or offering
for sale. or otherwise dealing with bicycles, whether or not such bicycles are owned by such person or entity. The
term also includes agents or employees of such person or entity. (Ord 1830 ~I (part), 1978).
10.08.032 Bicycle lane.
"Bicycle lane" means any lane within the roadway designated by signs and markings for the operation of
bicycles. (Ord 1830 ~I (part), 1978).
10.08.033 Bicycle path.
"Bicycle path" means any specifically designated area for bicycle travel, physically separated from the
roadway. (Ord 1830 ~I (part), 1978).
10.08.034 Bicycle route.
"Bicycle route" means any route recommended for bicycle travel which may include bicycle paths and public
streets for accommodating bicycle riders. (Ord 1830 ~I (part), 1978).
10.08.040 Bus.
-Bus" means any motor vehicle, other than a motor truck or truck tractor, designed for carrying more than
nine persons including the driver and used and maintained for the transportation of passengers. (Cite section 233
Vehicle Code). (Ord 973 ~I (part), 1966; prior code ~19.1.3(C)).
10.08.050 Bus loading zone.
"Bus loading zone" means the space adjacent to a curb or edge of roadway reserved for the exclusive use of
buses during loading and unloading passengers. (Ord 973 ~I (part), 1966; prior code ~19.1.3(D)).
10.08.060 Business district.
"Business district" means that portion of a highway and the property contiguous thereto:
A. Upon one side of which highway. for a distance of six hundred feet, fifty percent or more of the contiguous
property fronting thereon is occupied by buildings in use for business; or
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Ordinance 2670
Page 10
B. Upon both sides of which highway, collectively, for a distance of three hundred feet, fifty percent or more
of the contiguous property fronting thereon is so occupied.
A 'business district may be longer thao the distances specified if the above ratio of buildings in use for
business to the length of the highway exists. (Cite section 235 Vehicle Code).
(Ord 973 ~1 (part), 1966; prior code ~19.1.3(E)).
10.08.070 Council.
"Council" means the council of the city of Chula Vista. (Ord 973 ~1 (part), 1966; prior code !19.1.3(F)).
10.08.080 Crosswalk.
"Crosswalk" means:
A. That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks
at intersections where the intersecting roadways meet at approximately right angles, except the prolongation
of such lines from an alley across a street; or
B. Any portion of a roadway distinctly indicated for pedestrians crossing by lines or other markings on the
surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing. (Cite section 275 Vehicle Code).
(Ord 973 ~l (part), 1966; prior code ~19.1.3(H)).
10.08.090 Curb.
"Curb" means the lateral boundary of the roadway, whether such curb be marked by curbing construction
or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from
parking strips in the center of a street or from tracks or rights-of-way of public utility companies. (Ord 973 U
(part), 1966; prior code U9.1.3(H)).
10.08.095 Cyclist.
"Cyclist" means any bicycle operator. (Ord 1830 ~1 (part), 1978).
10.08.100 Divisional island.
"Divisional island" means a raised island located in the roadway and separating opposing or conflicting
streams of traffic. (Ord 973 ~l (part), 1966; prior code ~19.1.3(1)).
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Ordinance 2670
Page 11
10.08.110 Holidays.
"Holidays," within the meaning of this chapter, are the first day of January, the third Monday in January,
the twelfth day of February, the third Monday in February, last Monday in May, the fourth day of July, the first
Monday in September, the ninth day of September, the second Monday in October, the eleventb day of November,
the twenty-fifth day of December and Thanksgiving Day. When any of the holidays listed in this section fall on
Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed, and when any of the
holidays listed in this section fall on Sunday, the following Monday shall be deemed to be a holiday in lieu of the
day ohserved. (Ord 2670, 1996; Ord 2638 ~l (part), 1995; Ord 1663 ~I, 1976; Ord 973 ~I (part), 1966; prior
code ~19.1.3(J)).
10.08.120 Loading zone.
"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the
loading or unloading of passengers or materials. (Ord 973 ~I (part), 1966; prior code ~19.1.4(K)).
10.08.130 Official time standard.
"Official time standard." Whenever certain hours are named herein, they mean standard time or daylight
saving time, as may be in current use in this city. (Ord 973 ~1 (part), 1966; prior code ~19.1.3(L)).
10.08.140 Park or parking.
"Park" or "parking" means the standing of a vehicle, whether occupied or not, othelWise than temporarily
for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (Cite section 463
Vehicle Code). (Ord 973 U (part), 1966; prior code ~19.1.3(M)).
10.08.145 - Parking control measure.
"Parking control measure" means any program, method or system used to regulate the parJeing of vehicles.
It includes the installation of a parking control device. (Ord 2670, 1996).
10.08.146 - Parking control device.
"Parking control device" means and includes any sign, marking, curb painting or similar device used to
regulate the parking of vehicles, as recognized and prescribed in the California Vehicle Code and the state of
California Traffic Manual. The term may be used interchangeably with "sign" within Title 10. (Ord 2670, 1996).
10.08.150 Parking meter.
"Parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately
adjacent to a parking space for the purpose of controlling the period of time for the occupancy of such parking space
by any vehicle. (Ord 973 ~1 (part), 1966; prior code ~19.1.3(N)).
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Ordinance 2670
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10.08.160 Parkway.
"P.arkway" means tbat portion ofa street otber tban a roadway or a sidewalk. (Ord 973 ~1 (part), 1966; prior
code ~19.1.3(O)).
10.08.170 Passenger loading zone.
Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during
tbe loading or unloading of passengers. (Ord 973 ~I (part), 1966; prior code ~19.1.3(P)).
10.08.180 Pedestrian.
"Pedestrian" means any person afoot. (Ord 973 ~1 (part), 1966; prior code ~19.1.3(Q)).
10.08.190 Police officer.
"Police officer" means every officer of tbe police department of tbe city or any officer authorized to direct
or regulate traffic or to make arrests for violations of traffic regulations. (Ord 973 U (part), 1966; prior code
~19.1.3(R)).
10.08.195. Regulation
Tbe term "regulation" wben used in Title 10 of tbe Cbula Vista Municipal Code, means one or more
ordinances or resolutions tbat bave been or may be adopted by tbe city council, or a traffic regulation adopted and
promulgated by tbe city engineer pursuant to tbe autbority and procedure contained in section 10.04.030 of this code
for tbe adoption and implementation of traffic and parking control measures. (Ord 2670, 1996).
10.08.200 Stop or Stopping.
"Stop" or "stopping" wben probibited, means any cessation of movement of a vehicle, wbetber occupied or
not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer
or official traffic control device or signal. (Ord 973 U (part), 1966; prior code U9.1.3(S)).
10.08.210 Taxicab stand.
"Taxicab stand" means a space adjacent to a curb reserved for taxicabs to stand and wait for passengers.
(Ord 973 U (part), 1966; prior code ~19.1.3(T)).
10.08.215 - "Traffic control measure".
A traffic control measure means any program, metbod or system used to regulate, warn or guide the
movement of traffic, vehicles and pedestrians, as recognized and prescribed in tbe California Vehicle Code and the
state of California Traffic Manual. It includes tbe installation of traffic control devices. (Ord 2670, 1996).
&-.- /'7
Ordinance 2670
Page 13
10.08.216 - "Traffic control device".
A "traffic control device" means any sign, marking or device used to regulate, warn or guide the movement
of traffic, pedestrians and vehicles, including but not limited to, signs, pavement markings and other markers as
may apply, but it excludes roadway design features delineated in California Vehicle Code ~440. The term may be
used interchangeably with "sign" within Title 10. (Ord 2670, ]996).
10.08.220 Vehicle code.
"Vehicle Code" means the Vehicle Code of the state, as amended. (Ord 973 U (part), 1966; prior code
~19.1.3(U)).
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Ordinance 2670
Page 14
Chapter 10.12
TRAFFIC ADMINISTRATION'
Sections:
10.12.010
10.12.020
10.12.030
Police deparbnent powers and duties.
City engineer powers and duties.
Emergency regulations and trial of new regulations authorized- Procedure.
10.12.010 Police deparbnent powers and duties.
The police department shall:
A. Enforce the provisions of this traffic code and all the state vehicle laws applicable to street traffic in this city,
make arrests for traffic violations, investigate traffic accidents and cooperate with the city engineer and other
officers of the city in the administration of the traffic laws and in developing ways and means to improve
traffic conditions and carry out those duties imposed upon said department by this chapter; and
B. Cooperate with the city engineer in conducting studies of high accident frequency locations and determining
remedial measures; and
C. Maintain a suitable system of filing required traffic accident reports. Accidents, reports or cards referring
to them shall be filed chronologically. Such reports shall be available for the use and information of the city
engineer; and
D. Prepare annually a traffic report which shall be filed with the city council. Such a report shall contain
information on traffic matters in this city as follows:
I. The number of traffic accidents, the number of people killed, the number of persons injured and other
pertinent traffic accident data,
2. The number of traffic accidents investigated and other pertinent data on the safety activities of the
police department,
3. The plans and recommendations of the department for future traffic safety activities.
(Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.2.1).
10.12.020 City engineer powers and duties.
The city engineer shall:
A. Except where reserved by the city council pursuant to council policy or as set forth in section 10.04.0300,
the city engineer, with the concurrence of the safety commission, shall have the power to adopt traffic and
parking control measures and install, modify or alter traffic and parking control devices.
B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct
engineering analysis of traffic accidents, and devise remedia1 measures, conduct engineering investigation
of traffic conditions, and cooperate with other city officials in the development of ways and means improve
traffic conditions. Whenever, by the provisions of this code, a power is granted to the city engineer or a duty
imposed upon him, the power may be exercised or the duty performed by his deputy or by a person
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Ordinance 2670
Page 1 5
authorized in writing by him. Whenever the city engineer makes a detennination authorized by this chapter,
pursuant to the provisions of the California Vehicle Code, the violation of which is a misdemeanor, said
determination shall promptly be filed in writing by the city engineer with III. .i~' .I.rk OBd the chief of
police, so that enforcing officials shaH be aware of any changes or modifications of regulatory determinations;
and
C. Initiate and recommend necessary legislation for the efficient operatinn nf traffic and the preventinn of traffic
accidents; and
D. Maintain schedules relating to parking and traffic control measures and devices on city streets as provided
by regulations promulgated pursuant to this code.
(Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.2.2).
10.12.030 Emergency regulations.
A. The police department is empowered to enforce regulations necessary to make effective tbe provisions of this
code. In the event of fire, emergency or special events the police department is empowered to establish and
enforce temporary traffic regulations.
B. For the purpose of minimizing traffic hazards and traffic congestion and for the promotion of public safety,
the city engineer is authorized to establish any traffic regulation for a trial period of eight months not
withstanding the provisions of section 10.04.030G, provided that:
I. Prior to the commencement of any trial period a copy of the proposed regulation shall be sent by the
city engineer to the council, together with a statement of the reasons therefore; and
2. Such trial period shall begin upon the posting of signs or other appropriate notices to the public.
C. If a resolution embodying such regulation, or any part thereof, is not approved after the eight-month trial
period, such regulation shall cease to be effective.
D. Tbe city engineer may test traffic-control devices under actual traffic conditions.
E. Regulations to control the direction of movement of traffic and the parking of vehicles on streets within the
city shall be enacted pursuant to the authority of this section.
(Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.2.3).
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Ordinance 2670
Page 16
Chapter 10.16
ENFORCEMENT OF TRAFFIC LAWS'
Sections:
10.16.010 Traffic direction-Authorized-Emergency authority.
10.16.020 Traffic direction-By unauthorized persons prohibited.
10.16.030 Compliance with lawful orders required.
10.16.040 Traffic direction-Special authority for large gatherings.
10.16.050 Noncompliance deemed misdemeanor.
10.16.060 Interference with or obstruction or lawful actions prohibited.
10.16.070 Applicability and scope of regulations.
10.16.080 Exemptions-Designated.
10.16.090 Exemptions-Requirements to exercise due care not affected.
10.16.100 Exemptions-Parking or standing or certain vehicles permitted when.
10.16.010 Traffic direction-Authorized-Emergency authority.
Officers of the police department and such officers as are assigned by the chief of police are hereby
authorized to direct all traffic by voice. hand, audible or other signal, in conformance with traffic laws, except that
in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police
department or members of the fire department may direct traffic as conditions may require, notwithstanding the
provisions to the contrary contained in this chapter or the Vehicle Code. (Ord 973 ~1 (part), 1966; prior code
~19.3.1(A)).
10.16.020 Traffic direction-By unauthorized persons prohibited.
No person other than an officer of the police department or members of the fire department or a person
authorized by the chief of police or a person authorized by law shall direct or attempt to direct traffic, by voice,
hand, or other signal, except that persons may operate, when and as herein provided, any mechanical pushbutton
signal erected by the city engineer. (Ord 973 ~1 (part), 1966; prior code ~19.3.1(B)).
10.16.030 Compliance with lawful orders required.
It is unlawful for any person to fail or refuse to comply with any lawful order, signal or direction of a traffic
or police officer or a member of the fire department or a person authorized by tbe chief of police or by law. (Ord
2670, 1966; Ord 973 U (part), 1966; prior code U9.3.1(C)).
10.16.040 Traffic direction-Special authority for large gatherings.
At places where large numbers of people and vehicles are to gather or have gathered, nothing in this chapter
shall be construed to prevent any police officer from prohibiting any person from parking any vehicle upon or using
any street or sidewalk, or from prohibiting any pedestrian from using any street or sidewalk, and said police officer
shall have authority to direct the parking of vehicles in any reasonable manner, way or direction, and it is hereby
declared to be unlawful for any person to fail to promptly obey said police officer's order, signal or command,
regardless of any other provision of this chapter. (Ord 973 ~1 (part), 1966; prior code ~19.3.1(D)).
o -...)3
Ordinance 2670
Page 17
10.16.050 Noncompliance deemed misdemeanor.
It is a misdemeanor for any person driving any vehicle, or other conveyance upon any street, or any
pedestrian, to do any act forbidden, or to fail to perform any act required under this title. (Ord 973 ~1 (part), 1966;
prior code ~19.3.2(A)).
10.16.060 Interference with or obstruction of lawful actions prohibited.
No person shall interfere with or obstruct in any way any police officer or other officer or employee of this
city in their enforcement of the provisions of this title. The removal, obliteration or concealment of any chalk mark
or other distinguishing mark used by any police officer or other employee or officer of this city in connection with
the enforcement of the parking regulations of this title shall, if done for the purpose of evading the provisions of
this title, constitute such interference or obstruction. (Ord 973 ~I (part), 1966; prior code ~19.3.2(B)).
10.16.070 Applicability and scope of regulations.
The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the
United States government, this state, any county, or city, and it is unlawful for any such operator to violate any of
the provisions of this title, except as otherwise permitted or exempted in this chapter or in the California Vehicle
Code, or required by federal law. (Ord 973 ~I (part), 1966; prior code ~19.3.2(C)).
10.16.080 Exemptions-Designated.
The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to the
following authorized emergency vehicles when operated in the manner specified herein pursuant to the requirements
of the Vehicle Code as amended. An authorized emergency vehicle is:
A. Any publicly owned ambulance, lifeguard or lifesaving equipment;
B. Any publicly owned vehicle operated by the following persons, agencies or organizations:
1. Any forestry or fire department of any public agency or fire department organized as provided in the
Health and Safety Code, and
2. Any police department, sheriffs department or the California Highway Patrol,
3. The district attorney of any county or any district attorney investigator,
4. Any constable or deputy constable engaged in law enforcement work,
5. Peace officer personnel of the Department of Justice; and
C. Any vehicle owned by the state, or any bridge and highway district, equipped and used either for fighting
fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or
electrical equipment; and
D. Any state-owned vehicle used in responding to emergency fire, rescue or communications calls and operated
either by the California Disaster Office or by any public agency or industrial fire department to which the
California Disaster Office has assigned such vehicle; and
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Ordinance 2670
Page 1 8
E. Any state-<>wned vehicle operated by a fish and game warden; and
F. Any vehicle owned or operated by any department or agency of the United States government when such
department or agency is engaged primarily in law enforcement work and the vehicle is used in responding
to emergency calls, or when such vehicle is used in responding to emergency fire, ambulance or lifesaving
calls. (Cite Vehicle Code section 165.)
(Ord 973 ~I (part), 1966; prior code ~19.3.3(A)).
10.11;.090 Ex....ptions-Requir....ent to exercise due care not affected.
The foregoing exemptions shall not, however, relieve the operator of any such vehicle from the obligation
to exercise due care for the safety of others or the consequences of his wilful disregard of the safety of others. (Ord
973 ~I (part), 1966; prior code ~19.3.3(B)).
10.16.100 Ex....ptions-Parking or standing of certain vehicles permitted when.
The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a
city department or public utility while necessarily in use for construction or repair work or any vehicle owned or
operated by the United States Post Office while in use for the collection, transportation or delivery of United States
mail. (Ord 973 ~I (part), 1966; prior code ~19.3.3(C)).
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Ordinance 2670
Page 19
Chapter 10.20
ACCIDENT REPORTS'
Sections:
10.20.010 Required when.
10.20.020 Contents required.
10.20.030 Delay in filing pennitted when-Time limit.
10.20.010 Required when.
The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage
to any property publicly owned or owned by a public utility including, but not limited to, any fire hydrant, parking
meter, lighting post, telephone pole, electric light or power pole, or any accident resulting in damage to any tree,
traffic control device or otber property of a like nature located in or along any street, shall, within twenty-four bours
after sucb accident, make a written report of sucb damage to the police department of tbe city. (Ord 973 ~1 (part),
1966; prior code ~19.3.4(A)).
10.20.020 Contents required.
Every sucb report sball state tbe time wben, and tbe place wbere, tbe accident took place, the name and
address of the person owning and of tbe person operating or in charge of sucb vebicle or animal. the license number
of every such vehicle, and shall briefly describe tbe property damage in such accident. (Ord 973 ~1 (part), 1966;
prior code ~19.3.4(B)).
10.20.030 Delay in filing pennitted when-Time limit.
The operator of any vehicle or the person in cbarge of any animal involved in an accident shall not be subject
to tbe requirements or penalties of this section if and during tbe time be is pbysically incapable of making a report,
but in sucb event be sball make a report as required in section 10.20.010 witbin twenty-four bours after regaining
ability to make sucb report. (Ord 973 ~I (part), 1966; prior code ~19.3.4(C)).
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Ordinance 2670
Page 20
Chapter 10.24
TRAFFIC CONTROL DEVICES'
Sections:
10.24.010 Installation-City engineer powers and duties.
10.24.020 Repealed
10.24.030 Repealed
10.24.040 Repealed
10.24.050 Obedience required-Exceptions.
10.24.060 Repealed
10.24.070 Repealed
10.24.080 Street name signs required when.
10.24.090 Removal, relocation or discontinued operation authorized when.
10.24.100 Repealed
10.24.110 Repealed
10.24.120 Repealed
10.24.130 Curb painting.When authorized.
10.24.140 Curb painting-Red authorized for certain driveway areas when.
10.24.150 Traffic barrier and signs-Compliance required.
10.24.160 New pavement and marking use restrictions.
10.24.170 Traffic barriers and signs-Approved type.Tampering with prohibited.
10.24.010 Installation.City engineer powers and duties.
The city engineer shall install and maintain, official traffic control devices when and as required to make
effective the provisions of this title. (Ord 2670. 1996; Ord 973 ~I (part). 1966; prior code U9.4.I(A)).
10.24.020 Installation When authorized by Vehicle Rode Required. (repealed by Ord 2670, 1996; Ord 973
~I (part). 1966; prior code ~19.4.I(B)).
10.24.030 Installation Additional devices authorized by city. (repealed by Ord 2670, 1996; Ord 973 ~I (part),
1966; prior code ~19.4.1(C)).
10.24.040 Required for enforcement purposes when. (repealed by Ord 2670, 1996; Ord 973 ~I (part), 1966;
prior code ~19.4.2).
10.24.050 Obedience required.Exceptions.
The operator of any vehicle or train shall obey the instructions of any official traffic control device placed
in accordance with this chapter unless otherwise directed by a police officer or other authorized person subject to
the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. (Ord
973 ~I (part), 1966; prior code ~19.4.3).
10.24.060 Installation Locations where required. (repealed by Ord 2670,1996; Ord 973 ~I (part), 1966; prior
code ~19.4.4(A)).
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Ordinance 2670
Page 21
10.24.070 Methods for detennining location. (repealed by Ord 2670, 1996; Ord 973 ~I (part), 1966; prior
code ~19.4.4(B)).
10.24.080 Street name signs required when.
. Whenever the city engineer installs and maintains or causes to be installed and maintained an official traffic
signal at any intersection, he shall likewise erect and maintain at such intersection street Dame signs clearly visible
to traffic approaching from all directions unless such street name signs bave previously been placed and are
maintained at any said intersection. (Ord 2670, 1966; Ord 973 ~I (part), 1966; prior code ~19.4.4(C)).
10.24.090 Removal, relocation or discontinued operation authorized when.
The city engineer is authorized to remove, relocate or discontinue the operation of any traffic control device
not specifically required by the Vehicle Code or this title whenever he shall determine in any particular case that
the conditions which warranted or required the installation no longer exist or obtain. (Ord 973 ~I (part), 1966;
prior code ~19.4.5).
10.24.100 Lane marking. (repealed by Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.4.6).
10.24.110 Roadway signs and markings. (repealed by Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code
~19.4.7).
10.24.120 Hours of operation. (repealed by Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.4.8).
10.24.130 Curb painting-When authorized,
No person, unless authorized by the city engineer shall paint any street or curb surface; provided however,
that this section shall not apply to the painting of numbers on a curb surface by any person wbo bas complied witb
the provisions of any resolution or ordinance of this city pertaining thereto. (Ord 2670, 1996; Ord 973 ~1 (part),
1966; prior code ~19.4.9).
10.24.140 Curb painting-Red authorized for certain driveway areas when.
A. Vehicles parked adjacent to private driveways, in some cases, create hazardous obstructions to the line of
sight of motorists entering and exiting from such driveways.
B. It is the purpose and intent of the council to mitigate the dangers arising from the inability to observe
approaching vehicles, especially on heavily trafficked streets, by providing red curb clearance adjacent to such
driveways. Such red curh shall be authorized only when the narrowness of the driveway, or tbe nature and
volume of the traffic on Ibe street into which the driveway allows vehicles to pass, combined with the regular
parking of vehicles adjacent to the driveway, indicate a need to maintain sight clearance adjacent to the
driveway.
C. Upon application by the property owner or occupant and payment of the required fee(s), the city engineer
may cause to be painted or repainted a red curb for a minimum distance of eighteen inches on each side of
a driveway to a maximum distance as determined by the city engineer.
(Ord 2506 ~1 (part), 1992; Ord 1597 ~1, 1974; Ord 1546 ~1, 1974; Ord 973 ~l (part), 1966; prior code ~19.4.1O).
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Ordinance 2670
Page 22
10.24.150 Traffic barriers and signs-Compliance required.
No person shall operate a vehicle contrary to the directions or provisions of any barrier or sign erected:
A. Pursuant to the provisions of any regulation of the city; or
B. By any public utility; or
C. By any department of the city; or
D. By any other person pursuant to law or contract with the city; nor shall any unauthorized person move or
alter the position of any such barrier or sign.
(Ord 2670. 1996; Ord 973 ~I (part). 1966; prior code ~19.8.6).
10.24.160 New pavement and marking use restrictions.
No person shall ride or drive any animal or vehicle over or across any newly-made pavement, or freshly
painted markings in any street when a traffic control device installed pursuant to section 10.24.150 is in place
warning persons not to drive over or across such pavement or marking. or indicating that the street or portion
thereof is closed. (Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.8.7).
10.24.170 Traffic barriers and signs-Approved type-Tampering with prohibited.
No person, public utility or department in the city shall erect or place any barrier or sign on any street unless
said sign is of a type approved by the city engineer, and no person shall disobey the instructions, remove, tamper
with or destroy any barrier or sign lawfully placed on any street pursuant to section 10.24.150 by any person, public
utility or by any department of the city. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.8.10).
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Ordinance 2670
Page 23
Chapter 10.28
DRIV1NG RULES'
Sections:
10.28.010 Funeral procession restrictions.
10.28.020 Repealed
10.28.030 Repealed
10.28.040 Commercial vehicles prohibited on private ways-Exception.
10.28.050 Riding or driving on sidewalks prohibited when.
10.28.060 Limited access roadways-Unauthorized entrances or exits prohibited.
10.28.070 Freeway me restrictions.
10.28.080 Repealed
10.28.090 Toy vehicle use restrictions-Skateboard defined.
10.28.100 Intoxicated persons-Operation or control of vehicles prohibited.
10.28.110 Railway gates and barriers.
10.28.120 Trains not to block crossings-Exception.
10.28.130 Vehicle operation on private property-Pennission required.
10.28.140 Private roads and parking lots-Intent and purpose of provisions.
10.28.150 Private roads and parking lots-Rules and regulations- Establishment procedure.
10.28.160 Private roads and parking lots-Rules and regulations-Initiating resolution-Rearing-Notice.
10.28.170 Private roads and parking lots-Rules and regulations-Fonn and content of resolution.
10.28.180 Private roads and parking lots-Rules and regulations-Posting.
10.28.010 Funeral procession restrictions.
No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade,
provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street
over which such funeral procession or parade wishes to pass shall be subject to the orders of the police department.
(Authorized by section 21100 Vehicle Code). (Ord 973 ~I (part). 1966; prior code ~19.8.1).
10.28.020 Motorcycle operation regulations. (repealed by Ord 2670.1996; Ord 973 ~I (part), 1966; prior code
~19.8.2).
10.28.030 Clinging to moving vehicle prohibited. (repealed by Ord 2670, 1996; Ord 973 ~I (part), 1966; prior
code ~19.8.3).
10.28.040 Commercial vehicles prohibited on private ways-Exception.
No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or
sidewalk area or the driveway itself without the consent of the owner or occupant of the property. if a sign or
markings are in place indicating that the use of such driveway is prohibited. For the purpose of this section. a
commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton. (Ord 973 ~I (part).
1966; prior code U9.8.4).
~I --3 t)
Ordinance 2670
Page 24
10.28.050 Riding or driving on sidewalks prohibited when.
No person shall ride. drive, propel or cause to be propelled any vehicle or animal across or upon any
sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary
purpose to drive a loaded vehicle across a sidewalk: provided further, that said area be substantially protected by
wooden planks two inches thick, and written permission be previously obtained from the city engineer. Such
wooden planks shall not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m.
(Ord 973 ~1 (part), 1966; prior code ~19.8.5).
10.28.060 Limited access roadways-Unauthorized entrances or exits prohibited.
No person shall drive a vehicle onto or from any limited access roadway or freeway except at such entrances
and exits as are lawfully established. (Ord 973 ~1 (part), 1966; prior code ~19.8.8).
10.28.070 Freeway use restrictions.
No person shall drive or operate any bicycle, motor-driven cycle, or any vehicle which is not drawn by a
motor vehicle upon any street established as a freeway as defined by state law, nor shall any pedestrian walk across
or along any such street so designated and described except in space set aside for the use of pedestrians, provided
official signs are in place giving notice of such restrictions. (Authorized by section 21960 Vehicle Code). (Ord
973 ~1 (part), 1966; prior code ~19.8.9).
10.28.080 Blocking intersections prohibited. (repealed by Ord 2670,1996; Ord 973 ~1 (part), 1966; prior code
~19.8.11).
10.28.090 Toy vehicle use restrictions-Skateboard defined.
A. It is unlawful for any person to skate, or use or ride any roller skates, coaster, skateboard, toy vehicle or
other similar device upon or over any public street, bridge, underpass, sidewalk space, sidewalk, or public
property within the business district of the city. Business district is defined by the California Vehicle Code
as "that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for
a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by building
in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50
percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer
than the distances specified in this section if the above ratio of buildings in use for business to the length of
the highway exists. "
B. No person shall ride any of the above described devices within any parking structure or upon any public
grounds where people are assembled, including but not limited to trolley stations, Civic Center complex,
Library complex, and shopping centers. This ordinance does not preclude the riding of skateboards within
areas designated for such activity.
C. No person shall ride any of the above described devices within any privately owned property without the
written permission from the property owner.
"Skateboard" for the purposes of this chapter means any toy or device upon which a person may ride standing
or sitting, which coasts, glides, or is propelled by human power, and which is a board or other surface
mounted on one or more wheels.
(Ord 2304 ~1, 1989; Ord 973 ~l (part), 1966; prior code ~19.16.1).
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Ordinance 2670
Page 25
10.28.100 Intoxicated persons-Operation or control of vehicles prohibited.
It is unlawful for any person under the influence of intoxicating liquor, narcotic drugs, amphetamine or
derivative thereof, or other dangerous drug. to a degree which would render him incapable of safely driving a
vehicle, to be in or about any vehicle to which he has right of access or control while such vehicle is in or upon
any street or any other public place in the city unless said vehicle is under the immediate control or operation of
a person not under the influence of intoxicating liquor or the above mentioned drugs. (Ord 973 ~I (part), 1966;
prior code fI9.16.2).
10.28.110 Railway gates and barriers.
No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade
crossing while such gate or barrier is closed or is being opened or closed. (Ord 973 ~1 (part), 1966; prior code
U9.18.1).
10.28.120 Trains not to block crossings-Exception.
No person shall cause or permit any railway train or railway car or similar vehicle on rails to stop or stand
or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time
longer than ten minutes, except that this provision shall not apply to railway cars, trains or similar vehicles on rails
while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or
similar vehicle on rails to stop at or near the scene of the accident. (Ord 973 ~I (part), 1966; prior code U9.18.2).
10.28.130 Vehicle operation on private property-Pennission required.
No person shall operate or drive any motor vehicle over or upon any private property. or leave any vehicle
upon such property without having, and upon request of a peace officer displaying, written permission of the owner
of such property, or permission from the person entitled to possession thereof for the time being, or the authorized
agent of either, except that this section shall not apply to public or private parking lots. (Ord 1538 ~1 (part), 1974;
Ord 973 ~I (part), 1966; prior code ~19.1O.11).
10.28.140 Private roads and parking lots-Intent and purpose of provisions.
It is the intent and purpose of the city council, by the adoption of sections 10.28.140 through 10.28.180, to
provide a procedure for establishing rules and regulations regulating vehicular traffic on privately owned and
maintained roads and parking lots located within the city, in accordance with the authorization contained in sections
21107 and 21107.5 of the California Vehicle Code. Such rules and regulations are necessitated by reported
incidences of unsafe vehicular movements upon privately owned roads and parking lots which are not presently
subject to the provisions of the traffic code of the city or of the California Vehicle Code. (Ord 1195 ~1 (part),
1969; prior code ~19.2401).
10.28.150 Private roads and parking lots-Rules and regulations-Establishment procedure.
The imposition of rules and regulations governing the movements of vehicles contained in the traffic code
of the city and the California Vehicle Code, may be applied to any privately owned and maintained road and parking
lot within the boundaries of the city; provided, that a resolution establishing such rules and regulations for specified
roads and parking lots bas been adopted by the city council in accordance with the procedures established herein.
Such rules and regulations shall not become effoctive until signs giving notice thereof are posted on the private roads
~, - 301
Ordinance 2670
Page 26
of parking lots to be affected. The rules and regulations which may be thus imposed hy resolutions which
encompass all provisions of the traffic code and the California Vehicle Code including but not limited to parlcing
and stopping regulations, speed and movement of vehicles. (Ord 1195 ~I (part), 1969; prior code ~19.2402 (part)).
10.28.160 Private roads and parking lots-Rules and regulations-Initiating resolution-Hearing-Notice.
A request of a resolution to be adopted by the city council establishing set rules and regulations on private
roads and parking lots may be initiated by the chief of police, the director of public works or by the owners of the
private roads or parking lots. Upon receipt of such a request, the city clerk shall set the matter for hearing before
the city council by giving notice thereof by publication in a newspaper of general circulation. printed and published
in the city, by one publication at least ten days prior to the date of the hearing. (Ord 1195 U (part), 1969; prior
code ~19.2402(1)).
10.28.170 Private roads and parking lots-Rules and regulations-Form and content of resolution.
Subsequent to consideration of evidence presented at said public hearing, the city council may adopt a
resolution having certain rules and regulations on the subject of private roads or parlcing lots. Said resolution shall
specify the type of rule or regulation. The city council shall also make a fmding that the subject road or parlcing
lot, although privately owned and maintained, is of such a nature and character so as to constitute an openly and
publicly used road or parlcing lot, allowing the public movement of vehicles thereon. (Ord 1195 U (part), 1969;
prior code ~19.2402(2)).
10.28.180 Private road and parking lots-Rules and regulations-Posting.
Rules and regulations established by said resolution shall become effective at such time as the road or parlcing
lot has been posted with appropriate signs giving notice thereof. (Ord 1195 ~ I (part), 1969: prior code
~19.2402(3)).
t:r.3 3
Ordinance 2670
Page 27
Chapter 10.32
THROUGH STREETS AND STOP INTERSECTIONS"
Sections:
10.32.010 Signs required when-Location generally.
10.32.020 Designated.
10.32.030 Vehicles emerging from alley, driveway or building-Stop required.
10.32.010 Signs required when-Location generally.
Whenever any regulation designates and describes any street or portion thereof as a througb street, or any
intersection at whicb vehicles are required to stop at one or more entrances thereto, or any railroad crossing at
whicb vehicles are required to stop, the city engineer shall erect and maintain stop signs as follows: A stop sign
sball be erected on each and every street intersecting such through street or portion thereof so designated and at
those entrances of other intersections where a stop is required and at any railroad grade crossing so designated.
Every sucb sign sball conform with, and shall be placed as provided in the Vebicle Code. (Ord 2670, 1996; Ord
973 ~1 (part), 1966; prior code U9.7.1).
10.32.020 Designated.
A. Those streets and parts of streets established by regulation to be through streets for the purposes of tbis
section as described in section 10.52.030 shall be listed in Schedule II of the register maintained by the city
engineer.
B. The provisions of this section shall also apply to one or more entrances to intersections as established by
regulation as described in section 10.52.030 and listed in Schedule n.
C. The provisions of tbis section shall apply at those highway railway grade crossings established by regulation.
(Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.7.2).
10.32.030 Vehicles emerging from alley, driveway or building-Stop required.
The driver of a vehicle emerging from an alley, driveway or building shall stop sucb vehicle immediately
prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or driveway. A stop sign
or other traffic control device is not required to be posted in order for this section to be operative. (Cite section
21461 Vehicle Code). (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.7.3).
v-3/(
Ordinance 2670
Page 28
Chapter 10.36
YIELD RIGHT-OF-WAY STREETS'
Sections:
10.36.010 Designated-Schedule XIII.
10.36.010 Designated-Schedule XIII.
In accordance with Chapter 10.32 of this title and pursuant to regulation, when appropriate signs have been
erected giving notice of yield right-of-way regulations, drivers of vehicles shall yield right-of-way at the
intersections listed in Schedule XIII of the register maintained by the city engineer.
Editor's note: The substantive regulations designating yield right-of-way streets, are maintained in the office of4lte
.i~' olook, the city engineer and the police department.
(Ord 2670, 1996; Ord 1260 ~1, 1970; Ord 973 ~1 (part), 1966: prior code U9.22.1 (part)).
6-35
Ordinance 2670
Page 29
Chapter 10.40
TURNING MOVEMENTS"
Sections:
10.40.010 Turning markers or indications-Placement authorized.
10.40.020 Turning markers or indications-Driver obedience required.
10.40.030 Restricted turns-Sign placement authorized when.
10.40.040 Restricted turns-Driver to obey signs.
10.40.050 Right turns at certain stop signals-Prohibited when.
10.40.060 Right turns at certain stop signals-Driver to obey signs.
10.40.010 Turning markers or indications-Placement authorized.
The city engineer is authorized to place traffic control devices within or adjacent to intersections indicating
the course to be traveled by vehicles turning at such intersections. The city engineer is authorized to locate and
indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns. (Ord 2670,
1996; Ord 973 ~1 (part), 1966; prior code ~19.5.1(A)).
10.40.020 Turning markers or indications-Driver obedience required.
When authorized traffic control devices are placoo within an intersection indicating the course to be traveled
by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such devices. (Ord 2670, 1996;
Ord 973 ~1 (part), 1966; prior code ~19.5.1(B)).
10.40.030 Restricted turns-Sign placement authorized when.
The city engineer by regulation, may designate those intersections at which drivers of vehicles shall not make
a rigbt, left or U turn, and the city engineer shall place proper traffic control devices at such intersections. The
making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the devices, or they may be removed when such turns are permitted.
(Ord 2670, 1996; Ord 973 ~l (part), 1966; prior code ~19.5.2).
10.40.040 Restricted turns-Driver to obey signs.
Whenever authorized traffic control devices are erected indicating that no right or left or U turn is permitted,
no driver of a vehicle shall disobey the directions of the traffic control device. (Cite section 21461 Vehicle Code.)
(Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.5.3).
10.40.050 Right turns at certain stop signals-Prohibited when.
By regulation, the city engineer, may designate those signal-controlled intersections at which drivers of
vehicles shall not make a right turn against a traffic signal 'stop' indication. The city engineer shall place proper
traffic control devices at such intersections. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.5.4(A)).
0-30
Ordinance 2670
Page 30
10.40.060 Right turns at certain stop signals-Driver to obey signs.
No driver of a vehicle shall make a right turn against a red or stop signal at any intersection at which traffic
control devices gives notice of such restriction. (Cite section 21461 Vehicle Code.) (Ord 973 ! 1 (part), 1966; prior
code ~19.5.4(B)).
0-37
Ordinance 2670
Page 31
Chapter 10.44
ONE-WAY STREETS AND ALLEYS"
Sections:
10.44.010 Sign placement authorized.
10.44.020 Designated-Schedule 1.
10.44.010 Sign placement authorized.
Whenever any regulation designates anyone-way street or alley, the city engineer shall place and maintain
traffic control devices giving notice thereof, and no such regulations shall be effective unless such traffic control
devices are in place. Traffic control devices indicating the direction of lawful traffic movement shall be placed
at every intersection where movement of traffic in the opposite direction is prohibited. Streets so designated shall
be described in Schedule 1 maintained in the register of the city engineer. (Ord 2677, 1996; Ord 973 ~1 (part),
1966; prior code ~19.6.1).
10.44.020 Designated-Schedule I.
In accordance with section 10.44.010 pursuant to regulation, when appropriate traffic control devices have
been posted, traffic shall move only in the direction as indicated upon the streets listed in Schedule I of the register
maintained by the city engineer.
Editor's note: The substantive regu1ations designating one-way streets are maintained in the office of the ei~' eleFlc,
the city engineer and the police department.
(Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.22.1 (part)).
~;-38
Ordinance 2670
Page 32
Chapter 10.48
SPEED REGULATIONSl'
Sections:
10.48.010 State speed laws applicable when.
10.48.020 Established speed limits in certain zones - Designated
10.48.030 Repealed
10.48.040 Repealed
10.48.050 Repealed
10.48.060 Regulation by traffic signals authorized.
10.48.010 State speed laws applicable when.
The state traffic laws regulating the speed of vehicles shall he applicable upon all streets within the city,
except as this chapter, as authorized by state law, herehy declares and determines upon the basis of engineering and
traffic investigation that certain other speed regulations shall be applicable upon specified streets or in certain areas,
in which event it shall he unlawful for any person to drive a vehicle at a speed in excess of any speed so declared
by regulation when signs are in place giving notice thereof. (Ord 2670, 1996; Ord 973 f1 (part), 1966; prior code
f19.19.1).
10.48.020 Established speed limits in certain zones - Designated
Pursuant to California Vehicle Code sections 22357 and 22358, where it is determined upon the basis of an
engineering and traffic survey investigation, the city council may increase of decrease state speed limits. Said
altered speed limits shall he effective, upon installation by the city engineer, of appropriate Traffic Control Devices
giving notice thereof. Designated speed limits shall he listed in a Schedule X of a register maintained in the offices
of the city engineer. (Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code f19.19.2).
10.48.030 Increased speed limits in certain zones-Designated Schedule IX. (repealed by Ord 2670, 1996; Ord
2635 f1, 1995; Ord 2606 fl, 1994; Ord 973 U (part), 1966; prior code U9.22.1 (part)).
10.48.040 Decreased speed limits in certain zones-Authorized. (repealed by Ord 2670, 1996; Ord 973 f1
(part), 1966; prior code fI9.19.3).
10.48.050 Decreased speed limits in certain zones-Designated-Schedule X. (repealed by Ord 2670, 1996; Ord
2615 f1, 1994; Ord 2590 fl, 1994; Ord 2567 fl, 1993; Ord 2563 U, 1993; Ord 2553 f1, 1993; Ord
2544 f1, 1993; Ord 973 U (part), 1966; prior code ~19.22.1 (part)).
10.48.060 Regulation by traffic signals authorized.
The city engineer is autborized to regulate the timing of traffic signals so as to permit the movement of traffic
in an orderly and safe manner at speeds slightly at variance from the speeds otberwise applicable within the district
or at intersections. (Ord 2670, 1996; Ord 973 fl (part), 1966; prior code fI9.19.4).
~r39
Ordinance 2670
Page 33
Chapter 10.52
STOPPING, STANDING AND PARKING"
Sections:
10.52.010 Stopping, standing or parking-Applicability of provisions.
10.52.020 Stopping, standing or parking-Scope of provisions.
10.52.030 Special stops required-Schedule II-Through streets and stop intersections.
10.52.040 Stopping, standing or parking-Within or on parkways-Prohibited.
10.52.050 No stopping :rones and no parking areas-Authorized.
10.52.060 No stopping :rones and no parking areas-Driver obedience required.
10.52.070 No parking areas-Designated.
10.52.080 No parking areas-Near lire hydrant or lire stations.
10.52.090 Commercial vehicles-Parking in residential districts prohibited when.
10.52.100 Storage of vehicles or camper bodies on streets prohibited-Time limit.
10.52.110 Parking for sale, advertising or demonstration purposes prohibited when.
10.52.120 Repairing or greasing of vehicles prohibited where.
10.52.130 Washing or polishing of vehicles prohibited when.
10.52.140 No parking areas-Property adjacent to schools-Authorized when.
10.52.150 No parking areas-Property adjacent to schools-Driver obedience required.
10.52.160 No parking areas-Alleys-Exceptions permitted when.
10.52.170 No parking areas-Narrow streets-Authorized when.
10.52.180 No parking areas-Narrow streets-Driver obedience required.
10.52.190 Parking on grades-Wheels to be blocked when.
10.52.200 Peddlers and vendors-Parking permitted when-Time limit.
10.52.210 Repealed
10.52.220 Emergency parking-Authorized when-Procedure.
10.52.230 Emergency parking-Driver obedience required.
10.52.240 Repealed
10.52.250 Standing or parking-Applicability of provisions.
10.52.260 Parking-Scope of provisions.
10.52.270 Parking-Prohibited at all times on certain streets-Driver obedience required.
10.52.280 Repealed
10.52.290 Parking-Prohibited during certain hours on certain streets-Driver obedience required.
10.52.300 Repealed
10.52.310 Stopping, standing or parking-Prohibited during certain hours on certain streets-Driver
obedience required.
10.52.320 Repealed
10.52.330 Parking-Time limited on certain streets-Driver obedience required.
10.52.340 Repealed
10.52.350 Parallel parking-Permitted on one-way streets-Generally.
10.52.360 Parallel parking-Prohibited on one-way roadways when.
10.52.370 Repealed
10.52.380 Parallel parking-Exception for certain commercial vehicles.
10.52.390 Diagonal parking-Required when-Procedure.
10.52.400 Repealed
10.52.410 Diagonal parking-Applicability of provisions-Exceptions.
10.52.420 Motorcycles-Parallel parking permitted when.
10.52.430 Motorcycles-Diagonal parking permitted when.
10.52.440 Motorcycles.Applicability of provisions-Exceptions.
10.52.450 Parking-Prohibited during certain hours of certain days on certain streets for the purpose
of street sweeping-Obedience required.
10.52.460 Repealed
10.52.470 Parking-Scope of restrictions.
10.52.480 Municipal Parking Lots-Designated-Manner of Parking required-Schedule XV.
10.52.490 Prohibitions Regarding Parking of Overheight Vehicles - Schedule XVII.
1<:) - L/ f}
Ordinance 2670
Page 34
10.52.010 Stopping, standing or parking-Applicability of provisions.
The provisions of this cbapter prohibiting the stopping, standing or parking of a vehicle shall apply at all
times oc"'at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or official traffic control device. (Ord 973 11 (part),
1966; prior code fI9.10.I(A)).
10.52.020 Stopping, standing or parking-Scope of provisions.
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from
the duty to observe other and more restrictive provisions of the Vehicle Code or regulations prohibiting or limiting
the standing or parking of vehicles in specified places or at specified times. (Ord 2670, 1996; Ord 973 II (part),
1966; prior code fI9.10.I(B)).
10.52.030 Special stops required-Schedule II-Through streets and stop intersections.
In accordance with sections 10.32.010 and 10.32.020, pursuant to regulations and when appropriate traffic
control devices have been erected giving notice of special stops, drivers of vehicles shall stop at every intersection
before entering any of the streets or portions of streets, or Doe or more entrances to the intersections listed in
Schedule II of the register maintained by the city engineer.
Editor's note: The regulations designating specia1 stops are maintained in the office of tile shy elefk" the city
engineer and the police department.
(Ord 2670,1996; Res 17646, 1994; Res 17418, 1994; Res 17335, 1993; Res 17334, 1993; Res 17212, 1993; Res
16586, 1992; Res 16192, 1991; Ord 973 fl (part), 1966; prior code fI9.22.1 (part)).
10.52.040 Stopping, standing or parking-Within or on parkways-Prohibited.
No person shall stop, stand, park or place a vehicle, boat, trailer, camper or any other property, within any
parkway. (Ord 2176 fl, 1986; Ord 973 fl (part), 1966; prior code fI9.1O.2).
10.52.050 No stopping zones and no parking areas-Authorized.
The city engineer is authorized to maintain, by appropriate parking control devices, or by paint upon the curb
surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this
chapter. (Ord 2670, 1996; Ord 973 fl (part), 1966; prior code fI9.1O.3(A)).
10.52.060 No stopping zones and no parking areas-Driver obedience required.
When curb markings or parking control devices are in place, no operator of any vehicle shall stop, stand
or park such vehicle adjacent to any such legible curb marking or parking control device in violation of any of the
provisions of this chapter. (Ord 2670, 1996; Ord 973 II (part), 1966; prior code 119.10.3(B)).
rj;. -.Lj/
Ordinance 2670
Page 35
10.52.070 No parking areas-Designated.
A. No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following
places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a
police officer or other authorized officer, traffic sign or signal:
1. In any area established by regulation as a no parking area where such area is indicated by official
parking control devices or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. Alongside or opposite any street excavation or obstruction when such standing, stopping or parking
would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
8. Upon. along or across any railroad track in such manner as to hinder, delay or obstruct the movement
of any car traveling upon such track:
9. Within any divisional island unless authorized and clearly indicated with appropriate signs and
markings;
10. In front of a public or private driveway or within eight feet of the end of the curb radius leading
thereto;
11. Within twenty feet of a crosswalk at an intersection;
12. Within twenty feet of the end of the curb radii at intersection;
13. Within thirty feet of the approach to any flashing signal, stop sign or traffic control signal located at
the side of the roadway;
14. Within three feet of or in front of that portion of a curb which has been cut down, lowered. or
constructed to provide wheelchair accessibility to the sidewalk.
15. Within any of those places delineated by section 22500 of the Vehicle Code.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or more than 18
inches away from a curb.
C. For the purpose of minimizing traffic hazards and traffic congestion, the city engineer is authorized to
establish no parking or stopping zones. The length of these zones is not to exceed two hundred feet.
D. Any vehicle parked in violation of any of the foregoing sections may be towed or otherwise removed at the
owner's expense if a sign is posted giving notice of the removal. The city engineer is authorized to post signs
giving notice of removal where necessary.
0:-4'..2
Ordinance 2670
Page 36
E. Enforcement Policy. When in the judgment of the traffic officer it is reasonable and practical to do so, the
owner, driver, or other responsible party shall be requested to move the car prior to being towed, but not
prior to being ticketed.
(Ord 2670, 1996; Ord 2627 ~I, 1995; Ord 973 ~I (part), 1966; prior code U9.1O.4).
10.52.080 No parking areas-Near fire hydrants or fire stations.
It is unlawful for any person to park a vehicle within fifteen feet of any fire hydrant or entrance to a fire
station within the city, except as otherwise indicated by a parking control device. (Ord 2670, 1996; prior code
~14.1I).
10.52.090 Commercial vehicles-Parking in residential districts prohibited when.
No person shall park any commercial vehicle as defmed in section 10.52.090C having a manufacturer's gross
vehicle weight rating of ten thousand pounds or more in any residential district (which includes parking on private
property) except:
A. While actually loading or unloading property; or
B. While such vehicle is parked in the actual performance of a service to property in the block in which such
vehicle is parked.
C. For the purposes of this section, certain terms shall be defined as follows:
I. "Commercial vehicle" shall mean single vehicles whose primary use is for commercial purposes and
having more than two axles or combination of vehicles having more than two axles; a single vehicle
or combination of vehicles 20 feet or more in length; or a single vehicle or combination of vehicles
6 feet, 8 inches or more in width, and shall include, but shall not be limited to, dump trucks, moving
vans, tractors, pole, or pipe dollies.
2. "Residential district" shall mean any block in which over fifty percent of the ground level buildings
fronting on said block are residential dwellings. Said dwelling may be single-unit structures or
multi-unit structures.
(Ord 2670, 1996; Ord 2190 ~1, 1987; Ord 2176 ~2, 1986; Ord 2024 ~1 (part), 1983; Ord 973 U (part), 1966;
prior code ~19.1O.5).
10.52.100 Storage of vehicles or camper bodies on streets prohibited-Time limit.
A. No camper body which has been detached from a motor vehicle shall be left standing on a city street at any
time.
B. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any
street or alley for more than a consecutive period of seventy-two hours.
C. Vehicles or camper bodies parked in violation of this section may be removed and impounded as authorized
by section 10.80.120 and Vehicle Code section 22651.
(Ord 2670,1996; Ord 2033 ~I, 1983; Ord 973 ~I (part), 1966; prior code ~19.10.6).
6-~3'
Ordinance 2670
Page 37
10.52.110 Parking for sale, advertising or demonstration purposes prohibited when.
No operator of any vehicle shall park said vehicle upon any street or upon any public or private property
without the owner's consent in the city for the principal purpose of advertising or displaying it for sale, unless
authorized by resolution of the council. In addition, no vehicle displaying advertising matter for the primary
purpose of commercial advertising, as prohibited by sections 5.08.030 through 5.08.060 of this code, shall park
upon any residential street in this city. (Ord 2255 ~I, 1988; Ord 973 U (part), 1966; prior code U9.1O.7).
10.52.120 Repairing or greasing of vehicles prohibited where.
No person shall huild or cause to be built, rebuild or cause to be rebuilt, grease or cause to be greased or
perform any maintenance including changing of oil or flushing radiators on any vehicle or any part thereof upon
any public street in the city. Except for temporary emergency repairs, no person shall repair or cause to be repaired
any vehicle upon a public street. (Ord 2670, 1996; Ord 1744 ~1, 1977; Ord 973 ~1 (part), 1966; prior code
~19.1O.8).
10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed, or polish or cause to be polished any vehicle or any part thereof
upon any public street in tbe city when a charge is made for such service. (Ord 973 ~I (part). 1966; prior code
~19.1O.9).
10.52.140 No parking areas-Property adjacent to schools-Authorized when.
The city engineer is hereby authorized to erect signs indicating no parking upon that side of any street
adjacent to any school property when such parking would interfere with traffic or create a hazardous situation. (Ord
2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.1O.IO(A)).
10.52.150 No parking areas-Property adjacent to schools-Driver obedience required.
When official signs are erected prohibiting parking upon that side of a street adjacent to any school property,
no person shall park a vehicle in any such designated place. (Ord 973 ~I (part), 1966; prior code U9.10.IO(B)).
10.52.160 No parking areas-Alleys-Exceptions permitted when.
No person shall stop, sland or park any vehicle in any alley within the city except for the purpose of
expeditiously loading or unloading passengers or materials, or when a service is being performed to or on property
abutting such alley, which requires the immediate and necessary presence of a vehicle during the time such service
is actually being performed. (Ord 973 U (part), 1966; prior code ~19.1O.12).
10.52.170 No parking areas-Narrow streets-Authorized when.
The city engineer is authorized to place parking control devices or markings indicating no parking upon any
street when the width of the roadway does not exceed twenty-five feet, or upon one side of a street as indicated by
such signs or markings when the width of the roadway does not exceed thirty feet. (Ord 2670, 1996; Ord 973 ~1
(part), 1966; prior code ~19.1O.13(A)).
~. - ~/.y'
Ordinance 2670
Page 38
10.52.180 No parking areas-Narrow streets-Driver obedience required.
When official parking control devices or markings prohibiting parking are erected upon narrow streets, as
authoriz6ct herein, no person shall park a vehicle upon any such street in violation of any such parking control
device Or marking. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code ~19.1O.13(B)).
10.52.190 Parking on grades-Wheels to be blocked when.
No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding
three percent without blocking the wheels of said vehicle by turning them against the curb or by other means which
preveots the vehicle from rolling. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code U9.10.14).
10.52.200 Peddlers and vendors-Parking permitted when-Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or pushcart
from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for
sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this
city except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser
for a period of time not to exceed ten minutes at anyone place. The provisions of this section shall not apply to
persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place
of business or distribution. (Ord 973 ~I (part), 1966; prior code ~19.1O.15(A)).
10.52.210 Peddlers and vendors-Parking and standing prohibited. (repealed by Ord 2670, 1996; Ord 973
~1 (part), 1966; prior code ~19.1O.15(B)).
10.52.220 Emergency parking-Authorized when-Procedure,
Whenever the city engineer determines that an emergency is likely to result from traffic congestion caused
by the holding of public or private assemblages, gatherings, or functions, or for other reasons, the city engineer
shall order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles
is prohibited on such streets and alleys as the city engineer shall direct during the time such temporary signs are
in place. Such signs shall remain in place only during the existence of such emergency and the city engineer shall
cause such signs to be removed promptly thereafter. (Ord 2670, 1996; Ord 973 U (part), 1966; prior code
~19.10.16(A)).
10.52.230 Emergency parking-Driver obedience required.
When parking control devices authorized by the provisions of this section are in place giving notice thereof,
no person shall operate, park or stand any vehicle contrary to the directions and provisions of the parlcing control
device. (Ord 2670,1996; Ord 973 U (part), 1966; prior code ~19.10.16(B)).
10.52.240 Commercial vehicles-Display of warning devices required when. (repealed by Ord 2670, 1996; Ord
973 U (part), 1966; prior code ~19.10.17).
& - 7'~'
Ordinance 2670
Page 39
10.52.250 Standing or parking-Applicability of provisions.
The provisions of this chapter, prohibiting the standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official parking control devices except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or other official
traffic-control device. (Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.1l.l).
10.52.260 Parking-Scope of provisions.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty
to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles
in specified places or at specified times. (Ord 973 ~1 (part), 1966; prior code ~19.11.2).
10.52.270 Parking prohibited at all times on certain streets-Driver obedience required.
Except upon Sundays and holidays specified in section 10.08.110, it is unlawful to park a vehicle at any time
upon any street upon which a parking control device prohibiting such parking has been installed hy the city engineer
by regulation adopted pursuant to section 10.04.030. The city engineer shall maintain within a register a Schedule
III which lists the streets or portions thereof upon which the prohihitions of this section are in effect.
Editor's note: The substantive regulations pertaining to Schedule III are maintained in the office of 1110 oily olofl<,
the city engineer and the police department.
(Ord 2670,1996; Ord 973 ~I (part), 1966; prior code ~19.11.3).
10.52.280 Parking-Prohibited at all times on certain streets-Schedule III. (repealed by Ord 2670, 1996; Res
17470, 1994; Res 17336, 1993; Res 17240, 1993; Res 17220, 1993; Res 17003, 1993; Res 16799,
1992; Res 16585, 1992; Ord 973 ~1 (part); prior code ~19.22.1 (part)).
10.52.290 Parking-Prohibited during certain hours on certain streets-Driver obedience required.
Except upon Sundays and holidays specified in section 10.08.110, it is unlawful to park a vehicle between
the hours specified of any day upon any street upon which a parking control device prohibiting or regulating such
parking has been installed by the city engineer by regulation adopted pursuant to section 10.04.030. The city
engineer shall maintain within a register a Schedule IV which lists the streets or portions thereof upon which the
restrictions and prohibitions within this section are in effect.
Editor's note: The substantive regulations pertaining to Schedule IV, are maintained in the office of the city
clerk, the city engineer, and the police department.
(Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code U9.11.4).
10.52.300 Parking-Prohibited during certain hours on certain streets-Schedule IV. (repealed by Ord 2670,
1996; Res 16191,1991; Ord 973 ~I (part), 1966; prior code ~19.22.1 (part)).
h -L/h
Ordinance 2670
Page 40
10.52.31.0 Stopping, Standing or Parking-Prohibited During Certain Hours on Certain Streets-
Driver Obedience Required.
Except upon Sundays and holidays specified in section 10.08.110, it is unlawful to stop, stand or park a
vehicle between the hours specified of any day upon any of the streets or portions of a street upon which a parking
control device regulating such parking has been installed by the city engineer by regulation adopted pursuant to
section 10.040.030. The city engineer shall maintain within a register a Schedule V which lists the streets or
portions thereof upon which the restrictions and prohihitions of this section are in effect. (Ord 2670, 1996; Ord
973 ~I (part), 1966; prior code ~19.11.5).
10.52.320 Stopping, standing, or parking-Prohibited during certain hours on certain streets-Schedule V.
(repealed by Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.22.1 (part)).
10.52.330 Parking-Time limited on certain streets-Driver obedience required.
Except upon Sundays and holidays specified in section 10.08.110, it is unlawful to park a vehicle for longer
than the time specified upon a parking control device regulating such parking on any street upon which such a
parking control device regulating such parking has been installed by the city engineer by regulation adopted pursuant
to section 10.04.030, except in accordance with the directions of the parking control device. The city engineer shall
maintain within a register a Schedule VI which lists the streets or portions thereof upon which the restrictions and
prohibitions of this section are in effect. (Ord 2670. 1996; Ord 973 U (part), 1966; prior code U9.11.6).
10.52.340 Parking-Time limited on certain streets Schedule VI. (repealed by Ord 2670, 1996; Res 17692,
1994; Res 16792,1994; Res 17645, 1994; Res 17644,1994; Res 17471, 1994; Res 17359, 1994; Res
17241,1993; Ord 973 ~I (part), 1966; prior code ~19.22.1 (part)).
10.52.350 Parallel parking-Permitted on one-way streets-Generally.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches
of the left-hand curb facing in the direction of traffic movement upon anyone-way street unless parking control
devices are in place prohibiting such stopping or standing. (Ord 2670, 1996; Ord 973 U (part), 1966; prior code
~19.11.7(A)).
10.52.360 Parallel parking-Prohibited on one-way roadways when.
In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon
any such roadway, no person shall stand or park a vehicle upon the left side of such one-way roadway unless signs
are in place perntitting such standing or parking. (Ord 973 ~l (part), 1966; prior code U9.11.7(B)).
10.52.370 Parallel parking-On one way streets and roadways-Determination authority. (repealed by Ord
2677,1996; Ord 973 ~1 (part), 1966; prior code ~19.11.7).
10.52.380 Parallel parking-Exception for certain commercial vehicles.
The requirement of parallel parking imposed by sections 10.52.350 through 10.52.380 shall not applY12 any
commercial vehicle actually engaged in the process of loading or unloading freight or goods, in which case such
ri:-47
Ordinance 2670
Page 41
vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of tbe street
and does not block traffic thereby. (Ord 973 ~I (part), 1966; prior code ~19.11.7(D)).
10.52.390 Diagonal parking-Required when-Procedure.
11 is unlawful at any time to park a vehicle upon any street or portion thereof designated as a diagonal parking
zone upon which a parking control device regulating such parking has been installed by the city engineer by
regulation adopted pursuant to section 10.04.030, except as follows: the vehicle shall be parked at an angle to the
curb specified by the parking control device, and entirely within the limits of the allotted space, with the front wheel
nearest the curb not more than 6 inches from the curb. The city engineer shall maintain within a register a Schedule
VIII which lists the streets or portions thereof upon which the restrictions and prohibitions of this section are in
effect. (Ord 2677,1996; Ord 973 ~I (part), 1966; prior code ~19.11.8(A)).
10.52.400 Diagonal parking-Permitted where-Schedule VIII. (repealed by Ord 2670,1996: Res 17643, 1994;
Res 17643, 1994; Ord 973 ~1 (part), 1966; prior code ~19.22.1(part)).
10.52.410 Diagonal parking-Applicability of provisions-Exceptions.
The provisions of section 10.52.390 shall not apply to a vehicle actually engaged in the process of loading
or unloading passengers, freight or goods, in which event the provisions applicable in sections 10.52.350 through
10.52.380 of this cbapter sball be complied with. (Ord 973 ~I (part), 1966; prior code ~19.11.8(B)).
10.52.420 Motorcycles-Parallel parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle parallel to the curb as defined in
this chapter in any space designated by pavement markings or indicated by meters unless said motorcycle is parked
entirely within the limits of the allotted space and at least one wheel or fender is touching the right-hand curb.
Where no curb or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated;
provided further, that no more than one vehicle of any type may be parked within any allotted parking space. (Ord
1595 ~I (part), 1974; Ord 1201 ~I (part), 1969; prior code ~19.11.9(1)).
10.52.430 Motorcycles-Diagonal parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle except at the angle to the curb
indicated by parking control devices or pavement markings allotting space to parked vehicles, and entirely within
the limits of said allotted space, with the front or rear wheel of said vehicle within eighteen inches of the curb;
provided further, that no more than one vehicle of any type may be parked within such allotted space. (Ord 2670,
1996; Ord 1595 ~I (part), 1974; Ord 1201 ~1 (part), 1969; prior code ~19.11.9(2)).
10.52.440 Motorcycles-Applicability of provisions-Exceptions.
The provisions of sections 10.52.420 and 10.52.430 shall not apply to a vehicle actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions applicable in sections
10.52.350 through 10.52.380 of this chapter shall be complied with. (Ord 2670, 1996; Ord 1595 ~1 (part), 1974;
Ord 1201 U (part), 1969; prior code ~19.11.9(3)).
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Ordinance 2670
Page 42
10.52.450 Parking-Prohibited during certain hours of certain days on certain streets for the purpose of
street sweeping-Driver obedience required.
t>
It IS unlawful to park a vehicle on any street during the times specified for street cleaning upon which a
parking control device regulating and prohibiting such parking has been installed on each block of that street in its
entirety by the city engineer, restricting parking between certain hours on certain days of the week by regulation
adopted pursuant to section 10.04.030. The city engineer shall maintain within a register a Scbedule XlV which
lists the streets upon which the restrictions and prohibitions concerning street sweeping regulations are in effect.
(Ord 2670, 1996; Ord 2261 ~2, 1988).
10.52.460 Parking-Prohibited during certain hours of certain days on certain streets for the purpose of
street sweeping. (repealed by Ord 2670, 1996; Ord 2261 ~3, 1988).
10.52.470 Parking-Scope of restrictions.
No section of this chapter shall be construed as pennitting any parking in violation of any other provisions
of this title. (Ord 2261 ~I, 1988; Ord 973 ~I (part), 1966; prior code ~19.17.15).
10.52.480 Municipal Parking Lots-Designated-Manner of Parking Required-Schedule XV.
Pursuant to Vehicle Code sectioo 22519, the following areas are designated as off-street parking lots owned
or operated by the city. It is unlawful for aoy vehicle to park in a municipal parking lot, except in accordance with
the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within
the limits of said allotted space, with the front wheel nearest the curb and within six inches of said curb or other
stop, and in accordance with the time limits indicated on signs erected in the area by the city engineer pursuant to
regulation adopted under section 10.04.030. The city engineer shall maintain within a register, a schedule XV
listing the restrictions applicable to these locations.
Desil!llated Parkine Lot
Location
No. 1
Northwest comer of Church & Madrona
No. 2
200 block of Landis
No.3
Northeast comer of Landis & Davidson
No.4
Northwest comer of Church & Davidson
No.5
Southwest comer of Church & Davidson
No.6
Near Southeast comer of Third & Madrnna
No. 7
Near Southeast comer of Landis & E Street
No.8
281-287 Church Avenue (Church & Del Mar)
No.9
230-232 Church Avenue
No. 10
Norman Park Senior Center between F & Center Street
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Ordinance 2670
Page 43
Downtown Parking Structure
Southside of Third A venue & F Street
Employee Parking Lot
Northside of F Street west of intersection with Fourth Avenue (west of
fire station and that area east and north of tbe fire station designated a
permit required parking area.)
(Ord 2670, 1996; Ord 2488 ~I, 1991; Ord 2436 ~I, 1991).
10.52.490 Prohibitions Regarding Parking of Overheight Vehicles - Schedule IX
A. It is unlawful to park an overheight vehicle, as defmed in section 10.52.4900, upon any street or portion
thereof upon which a parking control device regulating the parking of overheight vehicles has been instAlled
by the city engineer pursuant to regulation adopted under section 10.04.030 and section 1O.52.490B. The
city engineer shall maintain within a register. a Schedule IX which lists the streets or portions thereof upon
which the restrictions and prohibitions of this section are in effect.
B. Pursuant to California Vehicle Code sections 22507 and 21360, the city engineer may estAblish by regulation
those locations where parking of overheight vehicles is to be restricted based upon the sight obstruction posed
by an overheight vehicle to vehicles entering the roadway from an intersection. Parking restrictions shall be
limited to a maximum distAnce of 100 feet from the point of curb return of the intersection along the
roadway.
C. As used in this section 10.52.490, the term "intersection" shall include, in addition to the meaning prescribed
by the California Vehicle Code section 365, an intersection with a roadway of a major use driveway from
a multi-family residential facility or shopping or business center, or any similar use which generates a traffic
flow at least equal to that encountered at the intersection of a minor street with the affected roadway.
D. As used in section 10.52.490A, the term "overheight vehicle" means any vehicle with a height of six (6) feet
or more at any point, including the load, cab or body. when measured from the roadway.
E. The city engineer may prescribe procedures for full cost recovery of the instAllation of parking control devices
at intersections from private property.
(Ord 2670, 1996).
~/ -SC/
Ordinance 2670
Page 44
~
Chapter 10.56
PARKING METERS, PARKING METER ZONES AND PERMIT PARKING
"
Sections:
10.56.010 Repealed
10.56.020 Meters-Installation and maintenance-Rates for use-Tokens pennitted when.
10.56.030 Meter zones-Established-Regulations generally.
10.56.040 Meter zones-Designated-Fees-Schedule XI.
10.56.050 Meter zones-Authorization for establishment.
10.56.060 Meters-Placement and removal of posts.
10.56.070 Meters-Installation-Authority.
10.56.080 Meters-Installation-Location.
10.56.090 Meters-Operation described.
10.56.100 Meter zone-Manner of parking required.
10.56.110 Meter-Driver operations required.
10.56.120 Meter zone-Parking unlawful when.
10.56.130 Parking meter-Overtime.
10.56.140 Parking meter-Extra time prohibited.
10.56.156 Parking meter-Time of operation.
10.56.160 Parking meter-Tampering with.
10.56.11111 Meters.Improper use prohibited.
10.56.190 Deposit of coins by unauthorized person prohihited.
10.56.200 Meters-Limitations on use for certain purposes.
10.56.210 Rules of evidence-Parking in metered space deemed unlawful when.
10.56.220 Rules of evidence-Vehicle deemed parked by owner when.
10.56.230 Rules of evidence-Parking in uometered space deemed owner's responsibility.
10.56.240 Meters-Collection of deposited coins.
10.56.250 Meters-Purchase, lease and maintenance jurisdiction.
10.56.260 Meters-Use of moneys collected.
10.56.270 Permit parking-Established-Administration authority.
10.56.280 Permit parking-Authorized when-Sticker or Tag Required.
10.56.290 Permit parking-Areas designated-Schedule XII.
10.56.300 Permits or Tags-Cost-Period of validity-Prorating permitted when.
10.56.310 Permits or Tags-Sale procedure-Placement of sticker.
10.56.320 Permits or Tags-Issuance and use.
10.56.010 Vehicle defined. (Ord 2670, 1966; Ord 955 ~I, 1965).
10.56.020 Meters-Installation and maintenance-Rates for use-Tokens pennitted when.
The city council shall provide for the installation of parking meters including curb or street marlcing lines,
regulation and operation thereof, and shall cause said meters to he maintained in good workable condition. Meters
shall he placed upon the curb next to individual parking places and meters shall he so constructed as to display a
signal showing legal parking upon deposit therein of the proper coin or coins of the United States, as indicated by
instructions on said meter, and for a period of time conforming to the parking limits of the city, said signal to
remain in evidence until expiration of the parking period so designated, at which time a dropping of signal or some
other mechanical operation shall indicate expiration of the parking period. When any vehicle shall he parked next
to a parking meter, the owner or operator of the vehicle shall park within the area designated by the curb or street
marking lines as indicated for parallel or diagonal parking and upon entering the parking space shall immediately
6 -.5/
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Ordinance 2670
Page 45
deposit coinage in the meter, and said parking space may be then used by such vehicle during the legal parking limit
provided by the ordinances and resolutions of the city, as follows:
A. A five-cent coin for each ten-minute interval of the thirty-minute. one hour and two-hour meters; or
B. A ten-cent coin for each twenty-minute interval of the thirty-minute, one-hour and two-hour meters; or
C. A ten-<:ent coin per hour for each four-hour and nine-hour meter for the maximum legal parking time limit
establisbed for said zone; or
D. A ten-cent coin or two five-cent coins for each twenty minute interval for each two.hour meter for the
maximum legal parking time limit established for said zone; or
E. In lieu of the deposit of five-<:ent coins hereinabove referred to, there is specifically authorized the use of a
token approximately the size of a five-cent coin; the design and shape of such token shall be on file in the
office of the city clerk and such design may be changed from time to time by resolution of the city council.
Such tokens may be purchased in reasonable amounts from the finance officer.
F. It is unlawful in any manner to reproduce or manufacture or counterfeit the tokens described in section
10.56.020E, except upon written authority of the city. It is unlawful to use or possess with the intent to use
in a parking meter any slug, metal piece or other device, except those tokens authorized by the city, which
is capable of being used in place or in lieu of a United States coin in the parking meters of Chula Vista.
(Ord 2670, 1996; Ord 2436 ~2, 1991; Ord 2367 ~1 (part), 1990; Ord 2143 ~1 (part), 1986; Ord 955 ~3, 1965).
10.56.030 Meter zones-Established-Regulations generally.
Pursuant to the authority of Vehicle Code section 22508, parking meter zones and the rate of fees for such
zones as beretofore established by ordinances are readopted upon those public parking lots and streets or parts of
streets as described in section 10.56.040, Schedule XI, in which zones the parking of vehicles shall be regulated
by parking meters between the hours specified in said Schedule XI of any day except Sundays and public holidays
dermed in section 10.08.110. (Ord 2670, 1996; Ord 2436 ~3, 1991; Ord 973 ~I (part), 1966; prior code
~19.17.I(A)).
10.56.040 Meter zones-Designated-Fees-Schedule Xl.
In accordance with section 10.56.030 of this chapter, parking meter zones are hereby established upon those
public parking lots and streets or portions of streets described herein in which parking of vehicles shall be regulated
by parking meters between the hours specified in section 10.56.150 and upon the signs erected thereon, and for the
duration specified below and upon the signs erected thereon, of any day except Sundays or public holidays defined
in section 10.08.110, as follows:
Schedule XI
Name of Street BeI!innilU! At Endin~ At Side Duration
Center Street Third Avenue Del Mar A venue N/S I hour or
9 hours
Center Street Third Avenue Dol Mar Avenue South I hour
Church Avenue "F" Street "E" Street E/W 2 hours or
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Ordinance 2670
Page 46
9 bou",
Del Mar Avenue 'F' Street Center Street East 9 bou",
"E" Street Church A venue Del Mar Avenue N/S 2 bou",
'E' Street Garrett Avenue 100ft. E/E curb line N/S 2 bou",
of Landis Street
'F' Street Cburcb A venue Del Mar Avenue Soutb 2 bou",
'F' Street Garrett Avenue Del Mar Avenue Nortb 30 minutes
or 1 bour
or 2 bou",
"G" Street 40 ft. W IW curbline 100 ft. E/E curb line Soutb 30 minutes
Third A venue of Churcb Avenue or 2 bou",
'G' Street 125 ft. WIW curb line 450 ft. E/E curbline Nortb I bour or
Third A venue Third A venue 2 bou",
Garrett Avenue I 00 ft. S/S curb line 150 ft. N/N curbline N/S 2 bou",
of 'E' Street of 'E' Street
Landis Avenue 'F' Street N curbline 300 ft. north of EIW 2 bou", or
of 'E' Street 9 bou",
Madrona Street Third A venue E curbline 125 ft. east of N/S I bour
of Third A venue
Park Way 100 ft. WIW curb line Third A venue N/S I bour
of Third Avenue
Third Avenue Alvarado Street "E" Street East 2 bou",
Third A venue Roosevelt Street "E" Street West 2 bou",
Public Parkin. Lot Duration
No. I: Northwest comer of Churcb & Madrona 9 hours
No.2: 200 block of Landis 4 hours and/or 9 bours
No.3: Nortbeast comer of Landis & Davidson 4 hou", and/or 9 hou",
No.4: Northwest comer of Church & Davidson 4 hours and/or 9 hours
No.5: Soutbwest comer of Church & Davidson 4 hours and/or 9 hours
No.6: Near Soutbeast comer of Third & Madrona 9 hou",
No.7: Near Southeast comer of Landis & 'E' 4 hou", and/or 9 hou",
No.8: 281-287 Church Avenue (Church & Del Mar) 4 hours and/or 9 hou",
No.9: 230-232 Cburch Avenue 4 hours and/or 9 hours
(: - .5.3
Ordinance 2670
Page 47
No. 10: Southwest comer of Church & Center Street
4 hours and/or 9 hours
No. 11: Norman Park Senior Center between "F"
Street & Center Street
2 bours
The city engineer sball maintain witbin a register a Scbedule XI listing the restrictions applicable to these
locations wbere parking meter zones bave been establisbed.
(Ord 2670,1996: Ord 2623 ~1, 1995; Ord 2488 ~2, 1991; Ord 2436 ~4, 1991; Ord 973 ~1 (part), 1966; prior code
~19.22.1 (part)).
10.56.050 Meter zones-Authorization for establishment.
The city engineer is bereby authorized, subject to the adoption by the city council of amendments by
ordinance to section 10.56.040 and Schedule Xl, to establish parking meter zones and the rate of fees at other
locations upon those streets or parts of streets wbere it is determined upon tbe basis of an engineering and traffic
investigation that the installation of parking meters sball be necessary to aid in the regulation, control and inspection
of the parking of vebicles. (Ord 973 ~I (part), 1966; prior code ~19.17 .1(B)).
10.56.060 Meters-Placement and removal of posts.
The city engineer sball cause parking meter posts and appropriate parking control devices to be installed and
removed pursuant to this cbapter in a parking meter zone. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code
U9.17.1(C)).
10.56.070 Meters-Installation-Authority.
The city finance officer shall cause parking meters to be installed in accordance with the rate of fees adopted
by the city council in a parking meter zone. (Ord 973 ~1 (part), 1966; prior code ~19.17.I(D)).
10.56.080 Meters-Installation-Location.
Parking meters shall be installed upon the curb or sidewalk or area immediately adjacent to each parking
space in a parking meter zone. Each meter sball be placed in sucb manner as to sbow or display by sign or signal
that the parking space adjacent thereto is or is not legally in use. (Ord 973 U (part), 1966; prior code
~19.17.2(A)).
10.56.090 Meters-Operation described.
Eacb parking meter shall be set to display, after the operational procedure bas been completed, a sign or
signal indicating legal parking for that period of time conforming to the limit of parking time for the zone in whicb
said parking meter is installed, and sball continue to operate from tbe time of the completion of the operational
procedure until the expiration of the time fixed as the parking limit or a portion thereof for the parking space for
whicb said meter is placed. Eacb said meter sball also be arranged so tbat upon tbe expiration of said legal parking
time it will indicate by a mecbanical operation and by proper signal that tbe lawful parking period bas expired. (Ord
973 U (part), 1966; prior code ~19.17.2(B)).
6 -sL/
Ordinance 2670
Page 48
10.56.100 Meter zone-Manner of parking required.
When a parking space in any parking meter zone is parallel to adjacent curb or sidewalk, any vehicle parked
in such parking space shall be parked so that the foremost part of such vehicle shall be alongside of the nearest
parking meter; when a parking space in any parking meter zone is diagonal to curb or sidewalk any vehicle parked
in such parking space shall be parked with the foremost part of such vehicle directly at and nearest to such meter.
(Ord 973 U (part), 1966; prior code ~19.17.3).
10.56.110 Meter-Driver operations required.
When any vehicle is to be parked next to a parking meter, the owner of or operator of said vehicle shall park
within the assigned area designated by marking lines indicating parallel or diagonal parking. Upon entering said
parking space, the owner or operator of such vehicle shall immediately deposit a coin or coins of the United States
or other authorized tokens as required by said parking meter and conforming to the limit of parking time or any
authorized fractional portion of such limit as may be authorized for the zone in which said parking meter is installed.
After the deposit of such coin, coins or other authorized tokens as required by this section, the owner or operator
of such vehicle shall turn any crank, knob, handle or other device in accordance with the instructions posted on the
face of said parking meter. (Ord 973 ~I (part), 1966; prior code ~19.17.4(A)).
10.56.120 Meter zone-Parking unlawful when.
Said parking space may then be used by such vehicle during the legal parking limit or fractional part thereof
as may be authorized for the zone in which said parking meter is installed. Said vehicle shall be unlawfully parked
if it remains in said space:
A. When the owner or operator has not complied with the operational procedure described in section 10.56.110;
or
B. Beyond the legal parking limit or fractional part thereof as indicated by a sign or signal displayed by such
parking meter.
(Ord 973 ~I (part), 1966; prior code ~19.17.4(B)).
10.56.130 Parking meter-Overtime.
No person shall permit a vehicle to remain parked in any parking meter zone when the meter shows the
parking time has expired. (Ord 1867 ~2 (part), 1979; Ord 973 U (part), 1966; prior code ~19.17.4(C)).
10.56.140 Parking meter-Extm time prohibited.
A. No person shall permit a vehicle to remain parked beyond the period of legal parking time established for
any parking meter zone.
B. No person shall deposit or cause to be deposited in a parking meter any coins for the purpose of increasing
or extending the parking time of any vehicle beyond the legal parking time which has been established for
the parking space adjacent to which said parking meter is placed.
(Ord 1867 ~2 (part), 1979; Ord 973 ~I (part), 1966; prior code ~19.17.4(D)).
0-.3~
Ordinance 2670
Page 49
10.56.150 Parking meter-Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of nine a.m. and six
p.m.. except Sundays and holidays defined in section 10.08.110; provided. however. that whenever the city council
provides by resolution or ordinance that the parking time limits shall be effective at other times, said parking time
limits shall be effective at such other times, and said parking meters shall be operating during all the times within
which the parking time limit is effective. (Ord 2670, 1996; Ord 2436 ~5, 1991; Ord 1867 ~2 (part), 1979; Ord
973 U (part), 1966; prior code ~19.17.4(E)).
10.56.160 Parking meter-Tampering with.
It is unlawful and a violation of the provisions of this chapter for any unauthorized person to deface, injure,
tamper with, open or wilfully break, destroy or impair the usefulness of any parking meters installed under the
provisions oflhis chapter. (Ord 1867 ~2 (part), 1979; Ord 973 ~1 (part), 1966; prior code ~19.17.5).
10.56.180 Meters-Improper use prohibited.
No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug,
device or metallic substitute for a coin of the United States except parking meter tokens authorized by the city; or
deface, injure, tamper witb, open or wilfully break, destroy or impair the usefulness of any parking meter. (Ord
973 ~1 (part), 1966; prior code ~19.17.7).
10.56.190 Deposit of coins by unauthorized person prohibited.
No person, other than the owner or operator of a vehicle, or a member of the police department as authorized
in sections 10.56.110 through 10.56.150 of this chapter, shall deposit any coin in any parking meter without the
knowledge or consent of said owner or operator of the vehicle using the parking space immediately adjacent to said
meter. (Ord 973 ~1 (part), 1966; prior code ~19.17.8).
10.56.200 Meters-Limitations on use for certain purposes.
No person other than an authorized employee of the city shall attach anything to a parking meter or parking
meter standard. No person shall allow a bicycle, newsrack or any other article or thing to lean against a parking
meter or a parking meter standard. (Ord 973 ~I (part), 1966; prior code ~19.17.9):
10.56.210 Rules of evidence-Parking in metered space deemed unlawful when.
The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays
the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been
parked or allowed to stand in such space for a period longer than permitted by this chapter. (Ord 973 ~1 (part),
1966; prior code ~19.17.IO(A)).
10.56.220 Rules of evidence-Vehicle deemed parked by owner when.
The parking or standing of any motor vehicle in a parking space which is controlled or regulated with the
aid of a parking meter shall constitute a prima facie presumption that the vehicle has been parked or caused to be
parked by the owner of such vehicle. (Ord 973 ~I (part), 1966; prior code ~19.17.10(B)).
u:' - .3 G.
Ordinance 2670
Page 50
10.56.230 Rules of evidence-Parking in unmetered space deemed owner's responsibility.
The parking or standing of any motor vehicle in any parking space upon any street, alley or public place or
.
parking l~t in the city shall constitute a prima facie presumption that the vehicle bas been parked or caused to be
parked by the owner of such vehicle. (Ord 973 ~l (part), 1966; prior code ~19.17.1O(C)).
10.56.240 Meters-Collection of deposited coins.
The coins deposited in the parking meters shall be collected by duly authorized agents of the city finance
officer. (Ord 973 ~I (part), 1966; prior code ~19.17.11).
10.56.250 Meters-Purchase, lease and maintenance jurisdiction.
The purchasing, leasing, repairing and maintenance of parking meters, the placement and removal of parking
meters from parking meter posts, and the payment of any and all expenses relating or incidental thereto shall be
under the jurisdiction of the city finance officer. (Ord 973 ~I (part), 1966; prior code ~19.17 .12).
10,56,260 Meters-Use of moneys collected,
All moneys collected from parking meters in the city shall be placed in a special fund, which fund shall be
devoted exclusively to any or all of the following purposes:
A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing
of parking meters in this city and for the payment of any and all expenses relating or incidental thereto;
B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off-street parking facilities
in the city;
C. For the installation and maintenance of traffic control devices and signals;
D. For the painting and marking of streets and curbs required for the direction of traffic and parking of motor
vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal and interest on off-street parking revenue bonds issued
by the city or any parking district organized within the city.
(Ord 973 ~1 (part), 1966; prior code ~19.17.13).
10,56.270 Permit parking-Established-Administration authority,
Notwithstanding any other provisions of this chapter, there is hereby established a system of permit parking
which the finance office shall administer subject to the standards and provisions set forth in sections 10.56.280
through 10.56.320. (Ord 973 ~I (part), 1966; prior code ~19.17.14 (part)).
/ "7
0-,:J
Ordinance 2670
Page 51
10.56.280 Pennit parking-Authorized when-Sticker or Tag required.
In those parking meter zones and municipal parking lots approved by ordinance of the city council described
in section 10.56.290 and listed in Schedule XII of the register maintained by the city engineer, no person shall park
any vehicle upon any public parking lots owned or operated by the city except when such vehicle is parked in
accordance with regulations on appropriate signs erected giving notice of the requirements to display the pennit
parking tag (or for a designated employee parking lot, a valid pennit parking sticker obtained from the Director of
Personnel in the manner required by section 2.56.310) and then only for the duration specified in said Schedule XII
and on said signs. (Ord 2670,1996; Ord 2436 ~6, 1991; Ord 2131 ~I, 1985; Ord 973 ~I (part), 1966; prior code
~19.17.14(A)).
10.56.290 Pennit parking-Areas designated-Schedule XII.
Pursuant to Vehicle Code sections 22508 and 22519 and in accordance with sections 10.56.270 and
10.56.280, public parking lots 1-10 (parking meter zones) and the employee parking lot on the north side of 'F'
Street west of intersection with Fourth Avenue (west of the fire station and that area east and north of the fire
station) are also designated as pennit parking areas wherein vehicles displaying appropriate parking pennits or tags
shall be allowed to park in spaces so marked for up to nine hours (all day). (Ord 267{), 1996; Ord 2488 ~3, 1991;
Ord 2436 F, 1991; Ord 2131 ~I, 1985; Ord 973 ~I (part), 1966; prior code ~19.22.1 (part)).
10.56.300 Pennits or Tags-Cost-Period of validity-Prorating pennitted when.
Said parking pennits shall be sold to cover a calendar quarter of three months duration only, for the required
fee(s). Said tags may be obtained at the city finance office. Applicants must be merchants or employees of
merchants owning or operating businesses within the downtown business area or city officers on behalf of city
employees assigned to Norman Park Center. Applicants may request a proration of the quarterly fee if they are
purcbasing pennit for the balance of tbe calendar quarter, and sucb proration shall be made at the sole discretion
of the finance officer and no other proration shall be allowed. For employees assigned at city hall, pennits may
be obtained from the director of personnel for parking in the adjacent employee parking lot. (Ord 2506 ~I (part),
1992; Ord 2488 ~4, 1991; Ord 2436 ~8, 1991; Ord 2131 ~I, 1985; Ord 973 ~I (part), 1966; prior code
~19.17.14(B)).
10.56.310 Pennits or Tags-Sale procedure-Placement of sticker.
Tbe finance officer shall establish the necessary procedure for the sale of such tags, and shall obtain the
necessary tags which wben displayed from tbe interior of a vebicle sball be clearly visible from the exterior of tbe
vehicle. Said tags shall be placed on tbe interior rear view mirror wben the vehicle is parked, and shall be removed
before the vehicle is placed in motion. For employees with parking stickers for the employee lot obtained from the
director of personnel, the sticker shall be placed within a seven-inch square in the lowest corner farthest removed
from the driver's position of the front windshield pursuant to the requirements of section 26708 of the California
Vebicle Code. (Ord 2436 ~9, 1991; Ord 973 ~I (part), 1966; prior code ~19.17.14(C)).
10.56.320 Pennits or Tags-Issuance and use.
Sucb pennit or tags sball be issued to the person applying therefor, and may be used on any vehicle owned
by the pennittee displaying sucb pennit, decal, or tag. (Ord 2436 ~IO, 1991; 973 ~I (part), 1966; prior code
~19.17.14(D)).
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Ordinance 2670
Page 52
Chapter 10.60
LOADING ZONES"
Sections:
10.60.010 Establishment and curb marking authorized-Limitations.
10.60.020 Curb loading zone-Permit fees.
10.60.030 Curb markings-Color to indicate use-Driver obedience required.
10.60.040 Permission to load or unload-Effect and time limits- Enforcement.
10.60.050 Yellow loading zone-Use for other purposes prohibited.
10.60.060 Passenger loading zone-Use for other purposes prohibited.
10.60.070 Bus zones-Location authority.
10.60.080 Special passenger loading zones-Establishment-Location-Hours of operation-Use
restrictions.
10.60.090 Funeral zones-Use restrictions.
10.60.100 Taxicab stands-Establishment authority-Curb marking-Use restrictions.
10.60.010 Establishment and curb marking authorized-Limitation.
By regulation pursuant to section 10.04.030 and upon payment of required fees, the city engineer may
establish the location of loading zones and passenger loading zones as follows: At any place in any business district,
and elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose
of public assembly.
Loading zones shall be indicated by yellow paint upon the top of all curbs in said zone, and passenger loading
zones shall be indicated by white paint upon the top of all curbs in said zones. In no event shall more than one-half
of the total curb length in any block be reserved for such purposes.
(Ord 2670,1996; Ord 973 ~I (part), 1966; prior code ~19.12.1).
10.60.020 Curb loading zone-Permit fees.
Applicants for a curb loading zone permit shall pay the required fee(s). (Ord 2506 ~I (part), 1992; Ord 1810
~l, 1978; Ord 1205 ~2 (part), 1969; prior code ~27.1102).
10.60.030 Curb markings-Color to indicate use-Driver obedience required.
A. Whenever the city engineer determines the need to install a parking control device to indicate parking or
standing regulations, subject to the provisions and limitations of this chapter, the city engineer shall place the
following curb markings to indicate parking or standing regulations:
1. Red means no stopping, standing or parking at any time except as permitted by the Vehicle Code,
except that a bus may stop in a red zone marked or signed as bus zone;
2. Yellow means no stopping, standing or parking at any time between seven a.m. and six p.m. of any day
except Sundays and holidays specified in section 10.08.110 for any purpose other than the loading or
unloading of passengers or materials, provided that the loading or unloading of passengers shall not
consume more than three minutes and the loading or unloading of materials more than twenty minutes;
~. -Sf
Ordinance 2670
Page 53
3. White means no stopping, standing or parking for any purpose otber than loading or unloading of
passengers, or for tbe purpose of depositing mail in an adjacent mailbox, wbicb sball not exceed tbree
minutes, sucb restrictions to apply between seven a.m. and six p.m. of any day except Sundays and
bolidays specified in section 10.08.110, except said restrictions sball apply at all times when such zone
is in front of a hotel or mailbox, or theater when the theater is open;
4. Green means no standing or parking for a period longer than twelve minutes at any time between nine
a.m. and six p.m. on any day except Sundays and holidays specified in section 10.08.110, unless
otherwise posted.
B. When the city engineer, as autborized under this chapter, has caused curb markings to be placed, no person
shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the
provisions of this section.
(Ord 2670,1996; Ord 973 ~I (part), 1966; prior code ~19.12.2).
10.60.040 Pennission to load or unload-Effect and time limits-Enforcement.
A. Permission berein granted to stop or stand a vebicle for tbe purpose of loading or unloading of materials sball
apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no event
for more than twenty minutes.
B. The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup
of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include tbe
loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no
event for more than three minutes.
D. Within the total time limits above specified, the provisions of this section shall be enforced so as to
accommodate necessary and reasonable loading or unloading but without permitting the abuse of the privileges
bereby granted.
(Ord 2670, 1996; Ord 973 ~I (part), 1966; prior code ~19.l2.3).
10.60.050 Yellow loading zone-Use for other purposes prohibited.
No person sball stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading
or unloading passengers or material for such time as is permitted in section 10.60.040. (Ord 973 ~I (part), 1966;
prior code U9.12.4).
10.60.060 Passenger loading zone-Use for other purposes prohibited.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the
loading or unloading of passengers for such time as is specified in section 10.60.040. (Ord 973 ~I (part), 1966;
prior code ~19.l2.5).
(, - (; ()
Ordinance 2670
Page 54
10.60.070 Bus zones-Location authority.
The city engineer may establish hy regulation the location of bus zones opposite curb space for the loading
and unloading of buses or common carriers of passengers, and said zones shall normally be established on the far
side of an intersection. (Ord 973 ~1 (part), 1966; prior code ~19.12.6).
10.60.080 Special passenger loading zones-Establishment-Location-Hours of operations-Use restrictions.
The city engineer may, by regulation, establish special passenger loading zones, not more than sixty feet in
length. located between two approved portable signs in front of or adjacent to, and within the projected real property
boundaries of any church, theater, club or place of public assembly. Said sign shall be provided and paid for by
the church, theater, club or place of public gathering for which they are used, and shall be of a size and design
approved by the city engineer.
Special passenger loading zones shall be in effect during those hours and days when the expeditious loading
or unloading of passengers is required in connection with public gatherings at the locations for which they are
established, and no operator of any vehicle shall stop, stand or park said vehicle in any such zone when the
approved signs, as herein provided. are in place, for any period of time longer than is necessary for the loading or
unloading of passengers and in no event to exceed three minutes.
(Ord 2670,1996; Ord 973 ~1 (part), 1966; prior code ~19.12.7).
10.60.090 Funeral zones-Use restrictions.
No operator of any vehicle shall stop, stand or park said vehicle for any period of time longer than is
necessary for the loading or unloading of passengers and not to exceed three minutes at any place between portable
signs placed within the projected real property boundaries of any undertaking establishment, private residence or
any public or private place at any time during or within forty minutes prior to the beginning of any funeral or
funeral service, unless the operator of said vehicle is directed by or has received permission for the director or other
person in charge of such funeral or funeral service to park such vehicle in such place. The director or person in
charge shall place prior to and during the time limit herein specified two portable signs of a size and design
approved by the city engineer. one at each end of such funeral zone upon the sidewalk or on tbe pavement area
within two feet of the curb. (Ord 973 ~1 (part), 1966; prior code ~19. 12.9).
10.60.100 Taxicab stands-Establishment authority-Curb marking-Use restrictions.
The city engineer, by regulation, may establish the location of taxicab stands. The curb surface within each
taxicab stand shall be painted white and marked "taxicab stand" in black lettering, or shall be designated by signs
of a type and size approved by the city engineer. No operator of any vehicle, other than a taxicab or automobile
for hire shall park said vehicle in such taxicab stand. (Ord 2670, 1996; Ord 973 ~1 (part), 1966; prior code
~19.12.1O).
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Ordinance 2670
Page 55
Chapter 10.62
PARKING VIOLATIONS AND ENFORCEMENT
Section:
10.62.010 Parking violations.
10.62.010 Parking violations.
A. Enforcement. Every police officer and every city employee, and every volunteer (designated by tbe chief
of police) charged with enforcement of the provisions of chapters 10.52, 10.56 and 10.60 of this code relating
to illegal parking and time limitations in parking meter zones, the provisions of the California Vehicle Code,
and the other laws of the state applicable to parking violations within the city, shall have the duty, when any
vehicle is illegally parked, to issue written notice of violation thereof stating the state vehicle license number,
make of such vehicle, the time and date of such illegal parking, meter number, street location, and a
reference to the appropriate section of the code and the amount of the penalty for the violation. Such notice
shall be attached to said vehicle in a conspicuous place upon the vehicle as to be easily observed by the
person in charge of such vehicle upon his return thereto.
B. Civil and Late Payment Penalties and Fees. For the purpose of regulating the use of streets:
1. Base penalty amounts for the following Chula Vista Municipal code violations shall be $12 if paid within
30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.56.100; 10.56.110; 10.56.120; 10.56.130; 10.56.140
2. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle
Code violations shall be $25 if paid within 30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.52.100; 10.52.120; 10.52.130; 10.52.200; 10.52.210;
10.52.240; 10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.310.
California Vehicle Code Sections: 2113(a); 22515; 22520.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle
Code violations shall be $35 if paid within 30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.52.040; 10.52.060; 10.52.070(1-14); 10.52.090; 10.52.150;
10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450;
10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100
California Vehicle Code Sections: 21211; 22500 (a-h); 22500 (j-k); 22500.1; 22514; 22516; 22517
4. Base penalty amounts for the following California Vehicle Code violations shall be $25. The base
penalty will be reduced to $10 upon submission of proof of correction within the time frames specified
in the Vehicle Code of the state of California.
California Vehicle Code Sections: 5200; 5201; 5204(0);
o - {;.'.;1
Ordinance 2670
Page 56
5. The base penalties for the following California Vehicle Code violations shall be as set forth below.
California Vehicle Code Sections: 4462(b)--$100; 225oo(i)--$250; 22500(1)--$275; 22507.8-$330;
22522--$275; 22523--$100; 22526--$50
6. The base penalties for Cbula Vista Municipal Code and California Vehicle Code violations Dot listed
in above shall be $35 if paid within 30 days of the notice of violation, unless the penalty amount if set
by the Vehicle Code of the state of California.
7. The owner or operator may mail such payments to the city's director of fmance within the time
established herein, but shall be responsible for delivery thereof to the office of the director of finance.
8. Late Payment Penalties:
All base penalties under $250 listed in sections 2-6 above shall double if not paid within 30 days of the
notice of violation, unless specifically restricted by the Vehicle Code of the state of California. The
penalty for violations listed in section I above shall be $35 if the penalty is Dot paid within 30 days of
the notice of violation.
C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the violation
pursuant to sections 40200.7 and 40215 of the Vehicle Code of the state of California will result in either
notification of the Department of Motor Vehicles, which agency shall collect the maximum penalties and
fee(s) established hereby at such time as the owner or operator seeks to re~register his vehicle in accordance
with the provisions of section 4760 of the Vehicle Code of the state of California, or if applicahle in legal
proceedings being instituted in court against the person responsible for the unpaid penalties and fees in
accordance with the provisions of section 40220 of the Vehicle Code of the state of California. For those
citations which remain unpaid beyond 30 days and for which a hold is placed on the registration by the
Department of Motor Vehicles an additional $10 fee shall be assessed.
(Ord 2638 ~I (part), 1995; Ord 2490 ~I, 1991; Ord 2136 ~I, 1985; Ord 2097 ~I, 1985; Ord 1960 ~I, 1981; Ord
1867 ~3, 1979).
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Ordinance 2670
Page 57
Chapter 10.64
TRUCK ROUTES"
Sections:
10.64.010 Compliance required when.
10.64.020 Exemptions-Commercial delivery vehicles.
10.64.030 Exemptions-Public utility and contractor's vehicles.
10.64.040 Load restrictions upon vehicles using certain streets-Schedule VO.
10.64.010 Compliance required when.
Except as provided in sections 10.64.020 and 10.64.030, it is unlawful to operate a vehicle weighing in excess
of ten thousand pounds except upon a truck route designated in section 10.64.040. This section is effective when
signs marked "truck route" have been instJilled along the designated Truck Routes, and the city engineer has
instJilled signage at each vehicular point of entry into Chula VistJi restricting vehicles in excess of ten thousand
pounds to designated truck routes. The city engineer shall maintJiin within a register Schedule VII listing all streets
or portions of streets that are designated "truck routes." (Ord 2670, 1996; Ord 2482 ~ I, 1991; Ord 2024 ~ 1 (part),
1983; Ord 973 ~1 (part), 1966; prior code ~19.l3.1(A)).
10.64.020 Exemptions-Commercial delivery vehicles.
Tbe provisions of this chapter shall not prohibit any commercial vehicle coming from an unrestricted street,
or portion thereof, as enumerated or described in section 10.64.040 and Schedule VII, from having ingress and
egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries
of goods, wares and merchandise from or to any building or structures located on the restricted street or for the
purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction
of any building or structure upon the restricted street for which a building permit has previously been obtJiined.
(Ord 973 ~1 (part), 1966; prior code ~19.l3.1(B)).
10.64.030 Exemptions-Public utility, solid waste, and contractors' vehicles.
The provisions of this chapter shall not be applicable to any vehicle owned by a public utility or a licensed
contractor while necessarily in use in the construction, instJillation or repair of any public utility, to any vehicle
subject to the provisions of sections 1031 through 1036, inclusive, of the California Public Utilities Code or to any
vehicle used for the collection and transportation of garbage and solid waste. (Ord 2670, 1996; Ord 973 ~l (part),
1966; prior code ~19.13.1(C)).
10,64.040 Load restrictions upon vehicles using certain streets-Schedule VII.
In accordance with sections 10.64.010, pursuant to regulation. when appropriate "Truck Route" signs are
erected giving notice thereof, the movement of all motor vehicles having a maximum gross weight in excess of ten
thousand pounds is confmed to the following streets:
Name of Street N/S
Beginning at
Ending at
Bay Blvd
Beyer Way
Broadway
E Street
Main Street
North City Limits
South City Limits
Fourth A venue
South City Limits
6 -6 ~
Ordinance 2670
Page 58
Eastlake Parkway
Fourth Avenue
Industrial Blvd
Marina Parkway
Maxwell Road
Otay Lakes Road
Third Avenue
Otay Lakes Road
North City Limits
L Street
G Street
Otay Valley Road
Within City Limits
H Street
Name of Street W IE
Anita Street
Boni ta Road
C Street
E Street
F Street
H Street
East H Street
J Street
L Street
East L Street
Main Street
Otay Valley Road
Palomar Street
Telegraph Canyon Road
East Frontage Road
E Street/E Flower Street
Broadway
Bay Blvd
Bay Blvd
Bay Blvd
Hilltop Drive
Bay Blvd
Bay Blvd
Hilltop Drive
Interstate 5
Main Street
Bay Blvd
East L Street/Nacion Avenue
Miller Drive
South City Limits
Main Street
Bay Blvd
North End
Main Street
Broadway
East City Limits
Fourth Avenue
Bonita Road
Broadway
Hilltop Drive
Otay Lakes Road
Broadway
Hilltop Drive
Telegraph Canyon Road/Nacion Avenue
Otay Valley Road
East City Limits
Third Avenue
Otay Lakes Road
Editor's note: The substantive regulations pertaining to Schedule VII and truck routes are maintained in the office
of llIe aity .leRothe city engineer and the police department.
(Ord 2670, 1996; 000 2482 ~I (part), 1991; Ord 973 ~I (part), 1966; prior code ~19.22.1 (part)).
~. - (0.5
Ordinance 2670
Page 59
Chapter 10.68
EMERGENCY VEHICLES
Repealed by Ord 2670, 1996; prior code ~14.1O) (Note: See eve 21806 which pre..,mpts !his chapter).
~J-0(:;
Ordinance 2670
Page 60
Chapter 10.72
BICYCLES ".5
..'
Sections:
10.72.010 Compliance required-Failure deemed misdemeanor.
10.72.020 Responsibility of parent or guardian of child.
10.72.030 Regulations applicable when.
10.72.040 License-Required.
10.72.050 License-Application-Fee.
10.72.060 License-Records to be kept.
10.72.070 Dealers-Serial numbers-Required.
10.72.090 Bicycle dealers-Bicycle sales reports required.
10.72.100 License-Renewal.
10.72.110 License plate-Attachment to bicycle frame required.
10.72.120 'Rental agency requirements.
10.72.130 License-Mechanical inspection prerequisite.
10.72.140 Compliance with traffic laws required when.
10.72.150 Obedience to traffic-control devices required.
10.72.160 Turning movements-Obedience to signs required when.
10.72.170 Tampering with or destroying certain frame number prohibited-Exception.
10.72.180 Parking zones-Establishment authority-Use restrictions.
10.72.190 Operation upon sidewalks.
10.72.010 Compliance required-Failure deemed misdemeanor.
It is an infraction for any person to do any act forbidden, or to fail to perform any act required, by
sections 10.72.020 through 10.72.130 and section 10.72.170 of this chapter. (Ord 1641 U (part), 1975).
10.72.020 Responsibility of parent or guardian of child.
The parent or guardian of any child shall not authorize or knowingly pennit any such child or ward to violate
any of the provisions of this chapter. (Ord 1641 ~I (part), 1975).
10.72.030 Regulations applicable when.
These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon
any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. (Ord 1641 II (part),
1975).
10.72.040 License-Required.
No person who resides within the city shall ride or propel a bicycle on any street or upon any public path
set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate is attached thereto
as provided herein. (Ord 1641 ~1 (part), 1975).
{- (.::-'/
Ordinance 2670
Page 61
10.72.050 License-Application-Fee.
Application for a bicycle license and license plate or license indicia furnished by the state shall be made upon
a form provided by the city and retained by the chief of police and shall be accompanied by the Required Fee(s).
Said fees shall be used to defray the cost of administering the hicycle licensing program or to reimburse
bicycle dealers for any services which they may provide. In addition, the fees may be used to improve bicycle
safety programs and establish bicycle facilities, including bicycle paths and lanes.
(Ord 2506 !1 (part), 1992; Ord 2109 !1, 1985; Ord 1844 U, 1978; Ord 1641 !1 (part), 1975).
10.72.060 License-Records to be kept.
The city shall maintain records of each bicycle registered. Such records shall include but not be limited to
the license number, the serial number of the bicycle, the make, type, and model of the bicycle, and the name and
address of the licensee. Records shall be maintained by the licensing agency during the period of validity of the
license or upon notification that tbe bicycle is no longer to be operated. Each bicycle retailer shall supply to each
purchaser a record of the following information: name of retailer, address of retailer, year and make of bicycle,
and serial number of bicycle. (Ord 1641 ~1 (part), 1975).
10.72.070 Dealers-Serial nwnbers-Required.
After December 31,1974, no bicycle retailer shall sell any new bicycle in this state unless such bicycle has
permanently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer.
Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down-post tube, or the
bottom sprocket bracket. (Ord 1641 ~1 (part), 1975).
10.72.090 Bicycle dealers-Bicycle sales reports required.
Any person buying, selling or trading used bicycles within the city is required to make a report to the
licensing agent within thirty days, giving the name, address and telephone number of all persons either buying.
selling or trading used bicycles, and the bicycle manufacturer, type, frame number and bicycle license number, if
any. (Ord 1830 ~2, 1978; Ord 1641 ~I (part), 1975).
10.72.100 License-Renewal.
Licenses must be renewed every three years. Renewal of a bicycle license shall be indicated by a
supplementary adhesive device affixed on or near the indicia. (Ord 1641 ~1 (part), 1975).
10.72.110 License plate-Attachment to bicycle frame required.
The license plate or indicia shall be firmly attached to the frame of the bicycle for which it is issued, and no
person shall remove a license plate from a bicycle during the period for which it is issued, except upon a transfer
of ownership or in the event the bicycle is dismantled and no longer operated upon any street in the city. (Ord 1641
!1 (part), 1975).
0-&8
Ordinance 2670
Page 62
10.72.120 Rental agency requirements.
A rental agency sball not rent or offer any bicycle for rent unless said bicycle is licensed and a license plate
is attached thereto as provided herein and such bicycle is equipped with the lamps and other equipment required in
this chapter, or under state law. (Ord 1641 ~I (part), 1975).
10.72.130 License-Mechanical inspection prerequisite.
Tbe chief of police, or an officer assigned sucb responsibility, sball inspect eacb bicycle before licensing the
same and sball refuse a license for any bicycle whicb be determines is in unsafe mecbanical condition. (Ord 1641
~I (part), 1975).
10.72.140 Compliance with traffic laws required when.
Every person riding a bicycle upon a roadway sball be granted all of tbe rights and sball be subject to all of
tbe duties applicable to the driver of a vebicle by tbe laws of this state declaring rules of the road applicable to
vehicles or by the traffic ordinances of this city applicable to the driver of a vehicle, except as to special regulations
in this chapter and except as to those provisions of laws and ordinances which by their nature can have DO
application. (Ord 1641 ~I (part), 1975).
10.72.150 Obedience to traffic-control devices required.
Any person operating 8 bicycle shall obey the instructions of official traffic-control signals, signs, and other
control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord 1641 ~I (part), 1975).
10.72.160 Turning movements-Obedience to signs required when.
Whenever authorized signs are erected indicating that no rigbt or left or "U" turn is permitted, no person
operating a bicycle sball disobey tbe directions of any such signs, except where sucb person dismounts from the
bicycle to make such turn, in whicb event such person sball then obey the regulations applicable to pedestrians.
(Ord 1641 U (part), 1975).
10.72.170 Tampering with or destroying certain frame number prohibited- Exception.
It is unlawful for any person to wilfully or maliciously remove, destroy, alter or mutilate the number of any
bicycle frame licensed pursuant to this cbapter. It sball also be unlawful for any person to remove, destroy, alter
or mutilate any license plate, seal or registration pursuant to tbis cbapter; provided bowever, that nothing in this
cbapter sball prohibit the police department from stamping numbers on tbe frames of bicycles on whicb no serial
number can be found or on wbicb said number may be illegible or insufficient for identification purposes.
(Ord 1641 U (part), 1975).
10.72.180 Parking zones-Establishment autbority-Use restrictions.
Tbe city engineer may, by regulation, establisb bicycle parking zones in areas adjacent to the curbs, not more
than thirty-six feet in lengtb, as necessary to provide facilities for the temporary parking of bicycles" Whenever
a bicycle parking zone is so establisbed, the city engineer is authorized to place appropriate signs giving notice that
parking of other vehicles is prohibited during sucb bours of such days, and no person sball stop, stand or park any
6-69
Ordinance 2670
Page 63
vehicle other than a bicycle in such zone when said signs are in place, contrary to the directions or provisions of
such signs. (Ord 1641 ~1 (part), 1975).
10.72.190 Operation upon sidewalks.
Persons may operate bicycles upon sidewalks within residential areas; provided, however, no person shall
ride a bicycle upon a sidewalk within business districts as described by this code, nor shall any person ride upon
any other sidewalk within this city which has been posted by the city engineer with signs prohibiting such riding.
(Ord 2670, 1996; Ord 1830 ~3, 1978).
{: -7'61
Ordinance 2670
Page 64
.~
Chapter 10.76
PEDESTRIANS"
Sections:
10.76.010 Crosswalks-Establishment authority-Marking.
10.76.020 Crosswalks-Location restrictions.
10.76.030 Crosswalks-Use prohibition authorized when.
10.76.040 Crosswalks-Use required in business districts.
10.76.050 Obedience to pedestrian traffic signals required.
10.76.060 School safety patrol regulations.
10.76.070 School pedestrian lane requirements.
10.76.010 Crosswalks-Establishment authority-Marking.
The city engineer shall establish. designate and maintain crosswalks at intersections and other places by
appropriate devices. marks or lines upon the surface of the roadway as follows: Crosswalks sball be establisbed
and maintained at all intersections where the city engineer determines that tbere is a particular bazard to pedestrians
crossing the roadway subject to tbe limitation contained in section 10.76.020. (Ord 973 U (part). 1966; prior code
~19.9.1(A)).
10.76.020 Crosswalks-Location restrictions.
Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than six
hundred feet in lengtb and such crosswalk shall be located as nearly as practicable at mid-block. (Ord 973 ~1 (part).
1966; prior code ~19.9.1(B)).
10.76.030 Crosswalks-Use prohibition authorized when.
The city engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that
pedestrians shall not cross in the crosswalk so indicated. (Ord 973 ~1 (part). 1966; prior code ~19.9.1(C)).
10.76.040 Crosswalks-Use required in business districts.
No pedestrian shall cross a roadway other than by a crosswalk in any business district. (Ord 973 ~ 1 (part).
1966; prior code ~19.9.2).
10.76.050 Obedience to pedestrian traffic signals required.
Pedestrians sball obey tbe indication of special traffic signals installed for pedestrians only and sball disregard
the indication of a vehicular traffic signal at any location where special pedestrian traffic signals are in place. (Ord
973 ~I (part), 1966; prior code ~19.9.3).
10.76.060 School safety patrol regulations.
The cbief of police is authorized to appoint crossing guards or a school safety patrol to direct traffic at scbool
crossings by means of lawful orders, signs or semaphores. Such persons shall wear a distinctive garb or insignia
~ -7/
Ordinance 2670
Page 65
indicating such appointment. No minor other than a member of the school safety patrol shall direct or attempt to
direct traffic unless authorized to do so by order of the chief of police. (Ord 973 ~l (part), 1966; prior code
~19.20.1).
10.76.070 School pedestrian lane requirements.
It is unlawful for any person driving or operating, propelling or causing to be propelled, any vehicle to fail
to stop at a limit line placed in advance of a school pedestrian lane where any signal, flagman or person is stationed
giving warning that children are about to cross or are crossing the street; it is unlawful to proceed until such signal
bas stopped. raised or been removed, or the flagman or the person stationed at such pedestrian lane has given a
signal to go or has left the locality. (Ord 2670, 1996; Ord 973 ~l (part), 1966; prior code ~19.20.2).
(l-- 72
Ordinance 2670
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..
Chapter 10.80
ABANDONED VEHICLES's
Sections:
10.80.010 Purpose and intent of provisions-Vehicle declared nuisance when.
10.80.020 Definitions.
10.80.030 Exemptions from applicahility-Scope.
10.80.040 Regulations not exclusive.
10.80.050 Enforcement authority-Right of entry for examination.
10.80.060 Ahatement-Costs-Procedure generally-Notices required-Form.
10.80.070 Abatement-Public hearing required when-Notice-Building official or his or her designee
authority.
10.80.080 Appeal of decision-Public hearing-Notice-Board of Appeals and Advisors authority.
10.80.090 Disposal of vehicle-Time requirements.
10.80.100 Notification and transfer of evidence required when.
10.80.110 Costs-Assessment and collection procedures.
10.80.120 Removal of vehicles from streets authorized when.
10.80.010 Purpose and intent of provisions-Vehicle declared nuisance when.
The purpose and intent of the council in adopting sections 10.80.010 through 10.80.120 is to establisb
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 detennination made and the authority granted by tbe
state of California under section 22660 of tbe Vebicle Code of tbe state of California to remove abandoned,
wrecked, dismantled or inoperative vebicles or parts thereof as public nuisances, tbe 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 bazard to the bealtb and safety of minors, to create a barborage for rodents and
insects and to be injurious to tbe bealth, safety and general welfare. Therefore, the presence
of an abandoned, wrecked, dismantled or inoperative vehicle or parts tbereof, on private or
public property not including bighways, except as expressly bereinafter pennitted, is
declared to constitute a public nuisance which may be abated as such in accordance witb the
provisions of sections 10.80.010 tbrougb 10.80.120.
(Ord 2668 U (part), 1996; Ord 1338 Al (part), 1971; prior code AI9.2301).
10.80.020 Definitions.
As used in sections 10.80.010 througb 10.80.120, the following terms and phrases sball be interpreted and
construed as set forth herein:
(;-73
Ordinance 2670
Page 67
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. "Building official" shall mean the director of building and housing and/or his or her designee.
F. "City abatement officer" shall be the city officer responsible for enforcement of the ordinances being violated
and who initially declares said violation to be a public nuisance.
(Ord 2668 ~1 (part), 1996; Ord 1338 ~1 (part), 1971; prior code ~19.2302).
10.80.030 Exemptions from applicability-Scope.
The provisions of sections 10.80.010 through 10.80.120 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, gate or wall not less than six feet in height, and where it is
not readily 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 10 of Division II of the Vehicle Code of the state of California, and
sections 10.80.010 through 10.80.120.
(Ord 2668 U (part), 1996; Ord 1338 ~1 (part), 1971; prior code ~19.2303).
10.80.040 Regulations not exclusive.
The provisions of sections 10.80.010 through 10.80.120 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. (Ord 2668 ~1 (part), 1996; Ord 1338 ~1 (part), 1971; prior code ~19.2304).
10.80.050 Enforcement authority-Right of entry for examination.
Except as otherwise provided herein, the provisions of sections 10.80.010 through 10.80.120 shall be
administered and enforced by the city 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)
&-- 7~
Ordinance 2670
Page 68
declared to be a nuisance pursuant to the sections cited ahove, in accord with right-of-entry provisions set forth in
section 1.16.010 of this code. (Ord 2668 ~1, 1996; Ord 1338 ~1 (part), 1971; prior code U9.2305).
10.80.060 Abatement-Cosls-Procedure generally-Notices required-Fonn.
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 10.80.120.
B. The city council shall, from time to time, detennine 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 city abatement officer shall have the
authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein.
D. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be
mailed by 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. Tbe notices of intention shall
be in substantially the following forms:
"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 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 chapter 1.30 of Title
I of the Chula Vista 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 chapter 1.30 of Title I of the municipal code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts
of a vehicle) within 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 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 10 days after the mailing of this notice of intention,
request a public hearing and if such a request is not received by the building official or his
or her designee within such 10 day period, the 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
within such 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.
0-75
Ordinance 2670
Page 69
Notice Mailed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE
VEffiCLE, 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--mske, 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 10 days from the date of the mailing of this notice.
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 10 days after the mailing of this notice of intention,
request a public hearing and if such a request is not received by the building official or his
or her designee within such 10 day period, the city abatement officer shall have the authority
to abate and remove said vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed. . . . . . . . . . . . . . . . . . . . . ..
(Ord 2668 U (part), 1996; Ord 1338 ~l (part), 1971; prior code ~19.2306).
10.80.070 Abatement-Public bearing required when-Notice-Building official or his or her designee authority.
A. Upon request by the owner of the vehicle or the owner of the land received by the building official or his
or her designee within ten days after the mailing of the notice of intention to abate and remove, a public
hearing shall be held by the building official or his or her designee on the question of ahatement 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 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 10.80.120 shall be held initially before the building official
or his or her designee, who shall hear all facts and testimony he deems pertinent. Said facts and testimony
may include testimony on the condition of th~ vehicle or parts thereof and the circumstances concerning its
o -7~~
Ordinance 2670
Page 70
location on said private property or public property. The building official or his or her designee shall not
be limited by the technical rules of evidence. The owner of the land may appear in 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 building official or his or her designee may impose such conditions and take such other action as he
deems appropriate under the circumstances to carry out the purpose of sections 10.80.010 through 10.80.120.
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 building official or his or her designee may find that a vehicle
or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or puhlic 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 building official or his or her designee shall not assess the costs of
administration or removal of the vehicle against the property upon which the vehicle is located or otherwise
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 building official or his or her designee but does not
appear, he shall be notified in writing of the decision.
(Ord 2668 ~I (part), 1996; Ord 1338 ~I (part), 1971; prior code ~19.2307(A)).
10.80.080 Appeal of decision-Public hearing-Notice-Board of appeals and advisors authority.
Any interested party may appeal the decision of the building official or his or her designee by filing a written
notice of appeal with the board of appeals and advisors within five days after his decision. Such appeal shall be
heard by the board of appeals and advisors which may affirm, amend or reverse the order or take other action
deemed appropriate. The 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. 10 conducting the hearing, the board of
appeals and advisors shall not be limited by the technical rules of evidence. (Ord 2668 U (part), 1996; Ord 1338
~I (part), 1971; prior code ~19.2307(B)(1)).
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 the decision if such notice is required by sections 10.80.010 through
10.80.120, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle
or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle
has been removed it shall not thereafter be reconstructed or made operable. (Ord 2668 U (part), 1996; Ord 1338
~I (part), 1971; prior code ~19.2307(B)(2)).
10.80.100 Notification and transfer of evidence required when.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the
Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall
be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration
certificates, certificates of title and license plates. (Ord 1338 ~I (part), 1971; prior code AI9.2307(B)(3)).
r{--77
Ordinance 2670
Page 71
10.80.110 Costs-Assessment and collection procedures.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land
pursuant to section 38771 et seq. of the government code and chapter 1.30 of this code are not paid within thirty
days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against
the parcel of land pursuant to section 38773.5 of the government code and shall be transmitted to the tax collector
for collection. Said assessment shall have the same priority as other city taxes. (Ord 1676 ~1. 1976; Ord 1338
~1 (part), 1971; prior code ~19.2307(B)(4)).
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 vehicle which is parked or left standing upon a stred or highway for seventy-two or more consecutive
hours;
B. Any vehicle which is parked on a highway in violation of any provision of this title, the Vehicle Code or
other law or ordinance forbidding standing or parking, when the use of such highway or a portion thereof
is necessary for the cleaning, repair or construction of the highway or for the installation of underground
utilities, and signs giving notice that such vehicle may be removed are erected and placed at least twenty-four
hours prior to the removal;
C. Any vehicle parked upon a highway which has been authorized by the councilor other competent authority
for a purpose other than the normal flow of traffic, 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.
(Ord 973 U (part), 1966; prior code ~19.3.5).
{.-7f
Ordinance 2670
Page 72
.
Chapter 10.84
PARKING RESTRICTED ON
PRIVATE PROPERTY
Sections:
10.84.010 Purpose and intent of provisions-Parked vehicles declared nuisance-When.
10.84.020 Parking prohibited on portions of private property.
10.84.030 Citation of vehicles parked in prohibited areas.
10.84.035 Citation authority.
10.84.036 Notice of Violation.
10.84.010 Purpose and intent of provisions-Parked vehicles declared nuisance-When.
The purpose and intent of the council in adopting sections 10.84.010 through 10.84.030 is to establish
procedures for the notification, citation and removal of vehicles from private property in the front yard, unfenced
exterior and parkway areas of tbe city. The city council does declare tbe parking of such vehicles to be a public
nuisance and any vehicle so parked in the areas prohibited by this chapter shall be deemed to be abandoned vehicles
subject to the removal procedures set forth in Chapter 10.80. (Ord 1676 ~2 (part), 1976).
10.84.020 Parking prohihited on portions of private property.
No vehicle, vacation trailer, camping trailer, boat, boat trailer, camper or recreational vehicle may be parked
or placed within the front yard or exterior side yard (i.e. street side of a comer lot) setback, except as follows:
I. In a garage or carport.
2. On a paved driveway.
3. On a dust free area adjacent to a paved driveway. Adjacent shall mean within ten feet of the edge of the
driveway. (Refer to section 19.62.150 for further limitations). *Note: Dust free shall mean grass or
decomposed granite/paving per city standards adopted to accomplish a dust free surface.
4. When parking is not available under 1-3 ahove, then consideration shall be given by the zoning administrator
to select a parking area on the opposite side of the lot or other appropriate locations on the property as per
section 19.62.110. The applicant or other interested persons may appeal the decision of the zoning
administrator to the planning commission. The appeal shall be filed in writing with the planning department
within 10 days of the administrator's action, and accompanied by the required appeal fee(s). Appeals to the
city council from the actions of the planning commission shall follow the same procedure.
Unmounted campers and camper shells may not be placed in the front yard, driveway, or unscreened (by solid six
(6) foot high fence or hedge) exterior side yard setback area for a period of more than seventy-two (72) hours.
(Ord 2506 ~I (part), 1992; Ord 2176 ~3, 1986; Ord 1676 ~2 (part), 1976).
10.84.030 Citation of vehicles parked in prohibited areas.
k;-7f
Ordinance 2670
Page 73
Any police officer of the city of Chula Vista or other employee with citation authority may cite a vehicle for
a violation of sections 10.52.040 and 10.84.020; provided, however, a warning in the form provided by the police
department of tbe city shall first be placed upon the vehicle. Seventy-two hours after the placement of such
warning, the citation may be issued. (Ord 2176 ~4 (part), 1986; Ord 1676 ~2 (part), 1976).
10.84.035 Citation authority.
The building and housing director, code enforcement officers and other employees designated by the building
and bousing director shall have the authority to enforce Chapters 10.52, 10.84 and 19.62 of the Chula Vista
Municipal Code by issuing written notice of tbe violation. (Ord 2176 ~4 (part), 1986).
10.84.036 Notice nf vinlation.
The method of giving notice for purposes of section 10.84.035 is as follows:
J. During the time of the violation, a notice of violation shall be securely attached to the vehicle setting fortb
the violation including reference to the section of the Municipal Code violated, the approximate time of
violation, the location where the violation occurred, and the license number and expiration date, the color
of the vehicle, and if possible, the year and make and model of the vehicle. Tbe notice shall specify a time
and place for appearance by the registered owner or the lessee or renter in answer to tbe notice.
2. Tbe notice shall be attached to the vehicle so as to be easily observed by the person in charge of the vehicle
upon the person's return.
(Ord 2176 ~4 (part), 1986).
ic,- efl)
Ordinance 2670
Page 74
Chapter 10.86
PERMIT PARKING IN
RESIDENTIAL ZONES
Sections:
10.86.010 Purpose and Intent.
10.86.020 Pennit parking in excess of time limitations.
10.86.030 Citation of pennit vehicles.
10.86.010 Purpose and Intent.
The purpose and intent of the city council in adopting section 10.86.010 through 10.86.030 is to establish
procedures for the issuance of permits to residential property owners or tenants to enable such persons to parle their
vehicles in the street adjacent to their homes for periods in excess of the time limitation established for parking on
such streets. The city engineer shall maintain within a register, Schedule XVI listing all streets or portions of streets
that are designated for "Permit Parking on Certain Residential Streets with Time Limited Parking." (Ord 2670,
1996; Ord 1904 ~1 (part), 1980).
10.86.020 Pennit parking in excess of time limitations.
Any owner or tenant resident of property located on a residential street which has time-limited parking may
obtain at no cost, by showing proof of residence and vehicle registration at said address, a permit from the city
engineer which authorizes said vehicle to be parked on residential streets, as designated on said permit, where a time
limitation has been imposed in excess of said time limitation. (Ord 2670, 1996; Ord 2638 ~1 (part), 1995; Ord
1904 ~1 (part), 1980).
10.86.030 Citation of pennit vehicles.
Police officers or other persons charged with the duty of enforcement of traffic regulations in the city shall
not issue citations to any vehicle displaying the authorized permit issued by the city engineer regardless of the length
of time that said vehicle may be parked on any residential street on which a two-hour parking time limitation bas
been imposed; provided, however, such permits shall not authorize parking in excess of the seventy-two-hour
limilation as imposed hy section 10.52.100. (Ord 2670, 1996; Ord 1904 ~1 (part), 1980).
{,-Jj
Ordinance 2670
Page 75
TITLE 10 FOOTNOTES
1. For statutory authority for cities to adopt rules and regulations for traffic control, see Veh Code ~21100.
2. For statutory defmition of terms in the Vehicle Code, see Veh Code ~IOO et seq.
3. For statutory provisions authorizing cities to adopt rules and regulations for traffic control, and to regulate
traffic by using police officers, see Veh Code ~21100.
4. For statutory provisions authorizing cities to adopt rules and regulations for traffic control, see Veh Code
~21100.
5. For statutory provisions regarding accidents and accident reports, see Veh Code ~20000 et seq.
6. For statutory authority for local governments to place and maintain traffic control devices as required by
statute or as necessary to implement statutes or local ordinances, see Veb Code ~~21351 to 21356; for
provisions concerning traffic signals, signs and markings, see Veh Code ~21350 et seq.
7. For statutory authority for cities to apply public driving law to private roads, see Veh Code ~~21107 and
21107.5.
8. For statutory provisions regarding the proper location of stop signs, see Veh code ~21355.
9. For statutory authority for cities to place and maintain traffic control devices as required by statute or as
necessary to implement local ordinances, see Veh Code ~~21351 - 21356.
10. For statutory provisions authorizing cities to prohibit the making of any turning movements at intersections,
see Veh Code ~22113.
II. For statutory authority for cities to designate the direction of traffic as one-way over highways within their
jurisdiction, see Veh Code ~21657.
12. For statutory authority for municipalities to change the state speed liIllits under certain conditions, see Veh
Code ~~22357 - 22363.
13. For statutory provisions regarding the proper location for the erection of stop signs, see Veh Code ~ 21355;
for statutory provisions authorizing local authorities to prohibit or restrict the parking or standing of vehicles
on certain streets during all or a portion of the day, see Veh Code ~ 22507; for provisions authorizing the
prohibition of all-night parking, see Veh Code ~ 22507.5; for provisions authorizing impounding of cars left
parked for seventy-two consecutive hours or more, see Veh Code ~22652.
CROSS REFERENCES: Loading Zones, see Ch 10.60
Abandoned Vehicles, see Ch 10.80
Off-Street Parking and Loading, see Ch 19.62
Bicycles, see Ch 10.72
14. For statutory authority for local governments to prohibit or restrict the parking or standing of vehicles on
certain streets during all or a portion of the day, see Veh Code ~ 22507.
CROSS REFERENCES: Stopping, Standing and Parking, see Chs 10.52, 10.56
1/ - 3d,
Ordinance 2670
Page 76
Truck Routes, see Ch 10.64
Off-Street Parking and Loading, see Ch 19.62
15. For provisions of the Vehicle Weights Limits Act generally, see Veh Code ~35551.
CROSS REFERENCES: Street Overloads, see Ch 12.08
Loading Zones. see Ch 10.60
16. Prior history: prior code ~~19.12.8, 19.21.1 through 19.21.11 as amended by Ord 973.
17. For statutory provisions authorizing certain municipal regulation of pedestrians, see Veh Code U2196I,
21106 and 21109.
18. For statutory provisions regarding local ordinances dealing with removal of abandoned vehicles from
highways, see Veh Code ~22660; for provisions regarding removal of vehicles in general, see Veh Code
~22650 et seq.
CROSS REFERENCE: Stopping, Standing and Parking, see Cbs 10.52, 10.56
Tow Trucks, see Ch 558
(; - 5)3
& - IL/
Ordinance 2670
Page 77
Title 11
(RESERVED)
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date May 7. 1996
ITEM TITLE: Resolution /3~7J.. Reciting the Fact of the Municipal Election held on
March 26, 1996, declaring the result, and such other matters as provided
by law.
SUBMITTED BY: Beverly A. Authelet, City Cler~6.,"
A municipal election was held on March 26, 1996 to elect a councilmember for Seat 3 and Seat
4 and to vote on Proposition F. Results of that election have been canvassed and certified by
the County Registrar of Voters.
RECOMMENDATION: It is recommended that the City Council declare the results of the
municipal election which was held on March 26, 1996 as certified by the Registrar of Voters.
BOARD AND COMMISSION RECOMMENDATION: Not applicable
BACKGROUND: On November 21, 1995, the City Council approved Resolution 18128 calling
a municipal election to be held on March 26, 1996 for the election of members of the City
Council for Seat Nos 3 and 4 and for consideration of Proposition F by the voters. The election
was to be consolidated with the State-wide election held on that date and to be canvassed and
certified by the Registrar of Voters.
The Registrar of Voters has canvassed the ballots and certified the results of the election which
indicate that no candidate running for either Seat 3 or Seat 4 received a majority of the votes.
Therefore, there will need to be a special run-off election consolidated with the General Election
which will be held on November 7, 1996 for those two seats. The two candidates receiving the
highest votes for Seat 3 were John Moot and Dennis Rowley and for Seat 4 were Jim Cartmill
and Mary Salas.
FISCAL IMPACT: None
attach. Resolution
1- / !e_,,:
RESOLUTION NO. tg~7:J-.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON MARCH 26, 1996, DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW
WHEREAS, a Municipal Election was called by Resolution 18128, held, and conducted
in the City of Chula Vista, California, on Tuesday, March 26, 1996, as required by law to elect
a member of the city council for Seats 3 and 4 and to consider Proposition F; and
WHEREAS, notice of the election was given in time, form, and manner as provided by
law; that voting precincts were properly established; that election officers were appointed,
and that in all respects the election was held and conducted and the votes were cast,
received, and canvassed and the returns made and declared in time, form, and manner as
required by the provisions of the Elections Code of the State of California for the holding of
elections in charter cities; and
WHEREAS, pursuant to Resolution No. 18128 adopted November 21, 1995, the
Registrar of Voters canvassed the returns of the election and has certified the results to this
City Council, the results are received, attached, and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the number of ballots cast in the city at the polls was 19,703 with
6,924 absent voter ballots cast for a grand total number of ballots cast
in the city of 26,627.
SECTION 2. Seat 3, short term - That the names of persons voted for at the election
for member of the city council for the remainder of the four-year term
commencing in December 1992 were as follows:
Virgil Pina, John Moot, Dennis Rowley.
Seat 4, short term - That the names of persons voted for at the election
for member of the city council for the remainder of the four-year term
commencing in December 1992 were as follows:
Michelle Castognola, Jim Cartmill, Scott Wm. Davenport, Dean
Archibald, Mary Salas, Archie McAllister
The city council declares that there was no majority winner. The short
term election was cancelled by Resolution 18250 for reasons reiterated
therein.
1'?;-
Resolution *
Page 2
SECTION 3. Seat 3, long term - That the names of persons voted for at the election
for member of the city council for the four-year term commencing
December 1996 were as follows:
Virgil Pina, John Moot, Dennis Rowley.
Seat 4, long term - That the names of persons voted for at the election
for member of the city council for the four-year term commencing
December 1996 were as follows:
Michelle Castognola, Jim Cartmill, Scott Wm. Davenport, Dean
Archibald, Mary Salas, Archie McAllister
SECTION 4. There being no majority winner in either Seat 3 or Seat 4, a run-off
election will be necessary between the following highest vote getters:
Seat 3: Jim Cartmill and Mary Salas
Seat 4: John Moot and Dennis Rowley
Said run-off election shall be consolidated with the November 5, 1996
state-wide general election.
SECTION 5. Proposition F - As set forth in Resolution 18128, the language change
to the Charter that was voted upon and passed at the election was as
follows:
"Shall the Charter be amended to permit anticipated vacancies to be
filled by election instead of by appointment where there is a
consolidated election occurring between the anticipation of the vacancy
and the actual occurrence of the vacancy, and to permit various other
changes to the Charter rules regarding vacancies.
SECTION 6. That the number of votes given at each precinct and the number of
votes given in the city of each of the person above names for the
respective offices for which the persons were candidates and for and
against the measure were as listed in "Exhibit A" attached.
SECTION 7. The City Clerk shall enter on the records of the City Council of the City
of Chula Vista, a statement of the result of the election, showing the
whole number of ballots cast in the city.
PASSED, APPROVED, and ADOPTED this * day of *, 1996.
Presented by
Approved as to form
Beverly A. Authelet
City Clerk
Bruce M. Boogaard
City Attorney
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'7, /7
COUNCIL AGENDA STATEMENT
ITEM I?
MEETING DATE 5/7/96
ITEM TITLE: ResolutiOI~ ~13 authorizing the City to award bid to EBSCO Publishing
for a one year subscription to Masterfile 1000 via Ebscohost
SUBMITTED BY: Library Director ~ /' n.~
REVIEWED BY: City Manager~ ~ ~\
(4/5ths Vote: Yes_ No...x.)
When South Chula Vista Library opened in April 1995, the library was committed to fulfilling the
obligation of our state grant application and provide "state of the art" electronic reference and
information resources. For example, the library intended to offer periodical indexing and full text
for older magazines online, rather than through our traditional paper and microfilm methods.
Although vendors were beginning to unveil such products last spring, they actually did not
become available until later in the year. Therefore, the library was forced to subscribe to CD-
ROM products to provide indexing and full-text to older (backfile) periodicals for that branch.
These CD-ROM subscriptions have now come up for renewal and a staff committee was created
to review options. The committee discovered that, during the past year, library periodical vendors
had solidified their online services, and were moving away from support of CD-ROM products
when providing indexing and full text access to thousands of magazine titles and their backfiles.
The key element in this change has been the maturation of the Internet which is now used to
provide speedy and reliable delivery of vast amounts of information. To identify a less expensive
system, with equal if not better indexing, coverage and currency, the library conducted an
informal bid process with the assistance of the Purchasing Division. Two vendors were identified,
and the Library recommends the selection ofEBSCO Publishing to provide online access of
periodicals via its Masterfile 1000 product.
RECOMMENDATION: That Council accept the informal bid and authorize the City to enter
the license agreement with EBSCO Publishing.
BOARD/COMMISSION RECOMMENDATION: Not applicable
DISCUSSION:
Indexes to periodicals and their full texts are perhaps the most heavily used reference tools found
at the library. When the library installed a frame relay Wide Area Network in late 1995, access to
the various CD-ROM products subscribed to for South Chula Vista Library became accessible at
all library branches. This is now the public's preferred method of information delivery, and other
redundant products at Civic Center/Main and EastLake have been discontinued.
<t -(
Therefore,a nine-member selection committee was appointed to investigate and evaluate the latest
developments in document delivery. As a result they wrote selection criteria which included ease
of use for the public, subject and title access, currency, availability of periodical backfiles, quality
of indexing, and cost. The committee identified only two vendors which offered the full level of
online services required- Information Access Company and EBSCO Publishing Both these
vendors offered delivery of online periodical indexing and full-text articles. Each vendor was
invited to provide a detailed on-site demonstration of their online product. Subsequent to the
demonstration both products were subject to several months of in-house trials, and follow-up
phone calls to over a dozen libraries where the products are currently in use
In the course of its evaluation the committee discovered:
1) EBSCD provided indexing for 3,040 magazine titles, while Information Access Company
offered indexing for 1,500 titles.
2) EBSCD provided full-text to 1,000 journals and pamphlets, while Information Access
Company provided access to 785
3) In the areas of subject, title, and backfile coverage the committee ranked EBSCD higher than
Information Access Company
4) In the areas of user interface and timeliness the committee ranked Information Access
Company higher than EBSCD
5) The EBSCD Masterfile 1000 is $18,300 annually with an option to renew for two years. The
Information Access product was considerably more expensive at $52,400 annually. The EBSCD
quote is also much less expensive than the variety ofCD-RDM periodical products to which the
library currently subscribes.
As a result of the committee's product analysis it is recommended the Library enter into a one year
license agreement with the EBSCD Publishing Masterfile 1000 product, available via the Internet.
The City's current purchasing ordinance requires Council to approve any expenditure with a single
vendor over $25,000. The Library currently uses EBSCD Subscription Services as its chief
provider of annual print periodical subscriptions as authorized in Resolution 16813 at a cost of
$47,238. Masterfile 1000 will be purchased through EBSCD Publishing at a cost of$18,300
EBSCD Subscription Services and EBSCD Publishing are separate subsidiaries of the parent
company, EBSCD Industries.
FISCAL IMPACT: Since it is necessary to provide periodical indexing and full text access for
South Chula Vista Library, CIP funds budgeted in 850-8505-5329 LB 125 will be used to pay for
the first year subscription to EBSCD Masterfile 1000. However, it is a product that will benefit
the entire system.
'6,- :J--
RESOLUTION NO. /!1{)13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING CITY TO AWARD BID TO
EBSCO PUBLISHING FOR ONE YEAR SUBSCRIPTION TO
MASTERFILE 1000 VIA EBSCOHOST
WHEREAS, to evaluate the options for replacing the
Library's existing CD-ROM based periodical index, the Library
appointed a committee of nine staff members and the Library
Director in order to identify products through an informal bid
process which would offer library users, specifically at South
Chula vista Library, better indexing currency and coverage, and
ease of use through a reliable vendor; and
WHEREAS, the committee identified only two vendors which
offered the full level of online services required: Information
Access Company and EBSCO Publishing; and
WHEREAS, both these vendors offered delivery of online
periodical indexing and full-text articles and each vendor was
invited to provide a detailed on-site demonstration of their online
product; and
WHEREAS, subsequent to the demonstration, both products
were subject to several months of in-house trials, and fOllow-up
phone calls to over a dozen libraries where the products are
currently in use; and
WHEREAS, as a result of the committee's product analysis,
it is recommended the Library enter into a one year license
agreement with the EBSCO Publishing Masterfile 1000 product,
available via the Internet.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the City to award bid to
EBSCO Publishing for a one year subscription to Masterfile 100 via
Ebscohost at a cost of $18,300.
Presented by
Approved as to form by
4... fit d'Q,..:tJ
Bruce M. Boogaard, city
Attorney
David Palmer, Library Director
C:\rs\ebsco
f~.3
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 05/07/96
ITEM TITLE: Resolution J8()..1L{ Accepting a technical assistance grant ITom the
California Healthy Cities Project and appropriating grant funds in the
amount of $7,500 to implement the City's youth newspaper project
SUBMITTED BY: Director of Parks and Recrea.t~
REVIEWED BY: City Manager~ ~.~ (4/5ths Vote: Yes..x No->
On June 14, 1994, staff presented a proposal to the Council in which the City joined the California
Healthy Cities Project for FY 1994/95. Accompanying the application was a grant request of $5,000
to the California Healthy Cities Project to help implement the proposed project: production of a youth
newspaper. The proposal was approved by Council.
On July 1, 1994, the Department was informed that its application and project proposal had been
accepted and a technical assistance grant of $4,250 was approved by the California Healthy Cities
Project to implement the City's first-year project. On September 20, 1994, following receipt of the
award letter, the Council appropriated $4,200 to implement the proposed production of a youth
newspaper project. The City, in collaboration with South Bay Community Services and its KlDZBIZ
Program, would produce the youth newspaper, South Bay Youth Chronicle.
On September 5, 1995, the Council approved a proposal in which the City would continue the technical
assistance grant ITom the California Health Cities Project, Fiscal Year 1995-96. The proposal extended
the production of the youth newspaper. Accompanying the application was a grant request of $7,500
to the California Healthy Cities Project.
On March 28, 1996, the Department was informed that its extension application and project proposal
to the California Healthy Cities Project had been accepted. The technical assistance grant of $7,500
was approved by the California Healthy Cities Project to fund the City's project for a second year.
RECOMMENDATION: That the City Council adopt the resolution accepting the technical assistance
grant from the California Healthy Cities Project and appropriating funds in the amount of $7,500 to
continue the City's youth newspaper project.
DISCUSSION: The Healthy Cities Project model provides an integrated approach to enhance the
health of a city by focusing on a process for community improvement. Since 1988, the California
Healthy Cities Project has assisted cities and public health agencies with their efforts to put the Healthy
Cities model into practice. The Sacramento-based project is funded by the State Department of Health
Services, and it is the first and only state health agency in the country to fund a Healthy Cities program.
The Healthy Cities Project offers educational programs, technical consultation, and resource materials
to interested cities throughout the state.
(Network:JGB: Healthy Cities - AI 13#4 - 04-16-96]
q-/
Item:
Meeting Date: 05/07/96
The Parks and Recreation Department, in collaboration with South Bay Community Services, will
continue the bimonthly youth newspaper, renamed, Infiniti Magazine (Attachment B). Since the project
began in August 1994, nine issues have been printed with a distribution rate of more than 19,500 copies.
At a conservative average of two readers per issue, the readership is more than 39,000. Distribution
sites include high schools, community centers, libraries, youth serving agencies, police stations, and
businesses serving the youth population.
Content of the magazine includes relevant health and social issues, available programs and activities,
and current events. Youth rrom area schools, colleges, and South Bay Community Services' KIDZBIZ
Program contribute to the success of the magazine. The youth assist in the layout; production; write
feature articles; and coordinate submissions rrom guest columnists, artist, and writers. Graduates of the
KIDZBIZ Program maintain business operations, obtain advertising, and organize publicity. The
KIDZBIZ Program provides participants with business, financial, and communication skills.
Infiniti Magazine staff has developed plans to increase advertising revenue by targeting additional youth
serving businesses and corporate sponsorship. The plan for developing additional community support
for the project has already shown success. The magazine staff submitted a successful proposal to the
Chula Vista Youth Coalition and received an award of $500.00 to offset printing costs. On average,
advertising income covers $645.00 to $903.00 of the $1290.00 per issue cost to print.
The City's Human Services Coordinator will continue to serve as the project manager, and will be
responsible for completing and submitting the required reports to the California Healthy Cities Project.
Funds will be disbursed to South Bay Community Services upon receipt of appropriate expense
documentation. Payments are made based on clear expectations and performance in accordance with
the proposal submitted to the California Healthy Cities Project.
Chula Vista continues to be associated with an impressive group of cities located throughout the state
that are diverse in size and economic levels. These cities provide services that address a diverse range
of community issues that include protection of the physical environment, improvement of public safety,
and the provision of adult literacy programs to give residents skills to improve their health. Two other
cities in San Diego County -- Escondido and Oceanside -- belong to the California Healthy Cities
Project.
FISCAL IMPACT: The City has been awarded a second-year technical assistance grant in the amount
of $7,500 by the California Healthy Cities Project for a youth newspaper project. These funds will be
deposited into a grant account, Healthy Cities Project Grant (290-2901). This grant will cover the
majority of expenses for the project. The Human Services Coordinator will work approximately 4.5
hours per week on the project. The City will contribute, inkind, the salary and benefits of the Human
Services Coordinator, at an estimated cost of $5,000. Except the inkind contribution, City General
Funds will not be required for this program.
Attachment:
A.
B.
A ward Letter
Infiniti Magazine
[Network:JGB" Healthy Cities - A113#4 - 04-16-96]
q'd-
CALIFORNIA HEALTHY LlTIES ~ROJECT
Attachment A
" " ,~-
~
~
March 28,1996
rG BuJ W::i: M~ fi,'~
S~L'i~ITI~iil[, tA JU1 ":;:'11
1~ll: ];'1 I~I) i;i: i 5
filll~ILlm lie]
The Honorable Shirley A. Horton
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
A ~IUlttl olln~ ~eslm
ton\U!lI~m 101 Publl! Hiililtl
Dear Mayor Horton:
It is with great pleasure that I infonn you that the City of Chula Vista has renewed its participation
in the California Healthy Cities Project. The City's plan to support the KidzBiz Project in their
production of the South Bay Youth Chronicle, which infonns youth about health and social issues
in the community, ~ the potential to significantly add to Chula Vista's quality oflife.
As part of an international healthy cities and communities movement, th~ city is in an ideal position
to attract new funds and services. We are eager to link participating cities with innovative program
resources and with other similarly interested cities in both the United States and abroad.
Additionally, we provide: tecbnical assistaJice (and resources, if appropriate) for implementing your
customized educational programs; resource materials; an awards program; use of the Project logo
for promotional activity; and priority for all Project services.
A License Agreement and the accompanying Terms of Participation, delineating the services and
responsibilities associated with Project participation, have been forwarded with the copy of this letter
to John D. Goss, City Manager, for signature. This agreement covers 9/1/95 - 8/31/96.
Should you have any questions, please contact Gregory S. Shaffer, Local Program Development
Specialist, at 916-323-0702.
Again, on behalf of the Project, I offer our most sincere congratulations and support in making Chula
Vista a healthier community in which to live, work and play.
Sincerely,
~73s~ ~
Director
JMT/kja
cc: John D. Goss, City Manager, City ofChula Vista
Jess Valenzuela, Director of Parks and Recreation, City ofChula Vista
rn~ \';tW;I, /:";:,0'1... :~ L'li,"i'I,I'~ Ilil~ h'~li !r,iu:n ~ Id', ~ ~ t,.:: [,j, ~~,;:",,;,,: jtqj;>'~~i ~r",i.. ;':1';,'
RESOLUTION NO./ k ()7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A TECHNICAL ASSISTANCE
GRANT FROM THE CALIFORNIA HEALTHY CITIES
PROJECT AND APPROPRIATING GRANT FUNDS IN THE
AMOUNT OF $7,500 TO IMPLEMENT THE CITY'S YOUTH
NEWSPAPER PROJECT
WHEREAS,
the City Council
California Healthy
on June 14, 1994, staff presented
in which the City would apply
cities project for FY 94/95; and
a proposal to
to join the
WHEREAS, accompanying the application was a grant request
of $5,000 to the California Healthy cities Project to help
implement the proposed project: production of a youth newspaper;
and
WHEREAS, on July 1, 1994,
informed that its application and
California Healthy cities Project had
Parks and Recreation
project proposal to
been accepted; and
was
the
WHEREAS, a technical assistance grant of $4,250 was
approved by the California Healthy cities Project to implement the
city's first-year project; and
WHEREAS, on September 5, 1995, the Council approved a
proposal in which the City would continue the technical assistance
grant from the California Health cities Project, Fiscal Year 1995-
96 which proposal extended the production of the youth newspaper;
and
WHEREAS, on March 28, 1996, Parks and Recreation was
informed that a technical assistance grant of $7,500 was approved
by the California Healthy cities Project to fund the City's project
for a second year.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept a technical assistance grant
from the California Healthy cities Project.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate the grant funds in the amount of $7,500 into a grant
account, Healthy cities Project Grant (290-2901).
Pro"ontod by APP~dto,' rn
Jess Valenzuela, Director of ~ruce M.
Parks and Recreation Attorney
C:\rs\healthy.grt
C)~L)
COUNCIL AGENDA STATEMENT
Item
Meeting Date
It)
5/7/96
Resolution I f c1?~pproving agreement for geotechnical and material
testing services between the City of Chula Vista and Kleinfelder, Inc., and
authorizing the Mayor to execute on behalf of the City.
SUBMITTED BY: Director of Public Works /1(:/
REVIEWED BY: City Manage~Gt ~tJ;!!J (4/5ths Vote: Yes _ NoX)
Since fiscal year 1991-92, the Public Works Department has contracted with a consultant to provide
geotechnical and materials testing services. The City's current contract with Law/Crandall Inc. is
due to terminate soon when the current authorization limit reaches $400,000.
ITEM TITLE:
The original contract with Law/Crandall Inc., was approved by the City Council on August 4, 1992,
Resolution 16741 with an original authorization limit of $150,000. The authorization limit was
increased to $320,000 by City Council Resolution 17434 on March 22, 1994, and again to $400,000
by City Council Resolution 17981 on July 25,1995. Engineering staff therefore decided it was the
appropriate time to negotiate a new contract with a consultant. Following the consultant selection
process in Municipal Code Section 2.56.230, staff has negotiated a contract with Kleinfelder, Inc.
to provide geotechnical and material testing services until June 30, 1998.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to
execute on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires the use of quality materials
to assure their longevity and usefulness to their owner. To assure the quality of the improvements,
the City of Chula Vista has adopted construction regulations such as the Regional Standard
Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications, and
City special provisions. These specifications require the use of quality materials in the construction
of public works infrastructure improvements. The City does not have either staff or equipment to
perform these highly specialized tests.
The 1994 edition of "Standard Specification for Public works Construction" (Green Book) lists
approximately 280 different materials tests and product specifications. Staff has pared this down
to a list of 42 materials tests which the City would need a consultant to perform depending upon the
materials utilized in a project.
II) -/
Page 2, Item
Meeting Date 5/7/96
To assure that materials meet the City's specifications we obtain certifications from the
manufacturers and require supplemental testing on a project-by-project basis. The testing of
construction materials require experienced personnel and a well equipped laboratory. To this effect,
we advertised for material testing services, mailed submittal packages to 23 consulting firms and
received responses to our solicitation for letters of interest from seven (7) companies.
It is important that the consulting firm selected to provide geotechnical and materials testing
services, besides having experienced personnel and a well equipped laboratory, have the capacity
to perform all testing in house and under the directions oftheir own personnel. Engineering staff
needs to have confidence in the consultant selected, which is developed through consistency and
repeatability of material test results. It is also important that the consultant has responsible charge
of the work being performed.
A selection committee was approved by the City Manager, which was composed of a Senior
Management Assistant from the City Manager's Office, two Senior Civil Engineers from the
Engineering Division, a Civil Engineer with a geotechnical background from the Engineering
Division, and the County of San Diego's Material Testing Laboratory Director. The selection
committee looked at the quality of each firm's laboratory facilities and equipment, qualifications and
experience of professional and technical staff, performance of similar work, ability to provide
services, fiscal stability, quality of letter of interest and schedule of charges (cost).
The selection committee ranked the seven firms that submitted letters of interest as follows:
I. Kleinfelder, Inc.
2. Law/Crandall, Inc.
3. PSI
4. CH&A Corporation
5. Geocon Incorporated
6. Ninyo and Moore
7. Geotechnical Exploration
The selection committee rated each company and tallied their scores. Kleinfelder, Inc. was rated #1
by four of the committee members and #2 by the fifth member. Firms 5, 6 and 7 were rated not
qualified because these firms sub-contract 43 percent or more of the 42 material tests the City would
have performed 85 percent of the time. The four top ranked firms perform over 90 percent of the
material tests with their own personnel and laboratory equipment.
The selection committee agreed that Kleinfelder Inc., would best serve the city's interest.
Kleinfelder has the personnel and facilities to perform 40 of the 42 material tests in house. Two
tests, Abson Recovery Method and Kinematic Viscosity of Asphalt (which are both asphalt tests)
will be subcontracted to B.T.C. in Ventura, California. The other three firms have these tests
performed by a sub-contractor or by one of their facilities outside the County of San Diego.
Kleinfelder Inc. was founded in 1961 and is ranked as one of Engineering News Record top 100
design firms. Their San Diego office was established in 1985. Locally, they have a 70 person staff
of which 30 are engineers and technicians. They have Caltrans certified personnel as well as their
/~ ~;1.
Page 3, Item
Meeting Date 517/96
laboratory being certified by National Bureau of Standard, City of San Diego, State of California
State Architect, and tbe Army Corps of Engineers. They also participate in the Caltrans laboratory
sample reference program.
Law/Crandall Inc., who has the current materials testing contract witb the City performs three of tbe
42 designated tests at tbeir laboratory in Phoenix, Arizona and contracts out tbe performance offour
additional materials tests to local sub-consultants. Two of tbese tests, are important tests used in tbe
design of the City's street structural sections. Kleinfelder has the resources to perform these tests
witb their own laboratory in San Diego.
PSI sends material samples to their Canton, Massachusetts office to perform four of these tests at
tbis facility. The turn around time varies trom 5 to 12 days. Two oftbese tests are subcontracted
out. CH&A subcontracts out four of these tests.
The fee structure for providing geotechnical and materials testing services is complex as well as
diversified. The fee structure for geotechnical services is generally on an hourly basis because this
service requires an individual to observe an on-going construction operation which requires this
individuals expertise. Some examples are establishing limits of alluvium removal, removal of
unsuitable soils, monitoring in place densities, changes in soil types etc.
Materials testing services on the otber hand are generally charged at a fee on a per test basis. This
is because material tests follow a specific recipe or standard test procedure and it is easier to
establish a fixed fee which is fair and reasonable. The time it takes to perform a materials test is
repetitive and predictable.
A comparison of Kleinfelder Incorporated's negotiated fee with tbe fee schedule submitted by tbe
other 3 qualified firms is shown in Exhibit C, which is attached. Kleinfelders' average negotiated
hourly fee is $80.53 per hour as compared to the average hourly fee for the four qualified firms of
$84.98 per hour. PSI's hourly rates averaged lower, but as discussed in tbe next two paragraphs, tbe
minimum hour charge by PSI made the average cost irrelevant.
Kleinfelder Incorporated's hourly fee schedule is equal to or below tbe hourly fees oftbe second and
fourth ranked firms. At first glace it appears that PSI, the third ranked firm, hourly fees are lower
but tbis is not generally tbe case. Kleinfelder Inc. includes tbe cost of transportation in their hourly
fee and will charge for field services on 2, 4, 6 and 8 hour increments for actual time on the project
site. PSI on tbe otber hand in addition to their hourly fee charges $20 per day assignment to cover
transportation costs. Personnel hourly rates are also charged portal to portal. PSI also charges a 4
hour minimum charge for assignments of up to 4 hours and a minimum charge of 8 hours, for all
assignements of 4 to 8 hours.
/0 -3
Page 4, Item
Meeting Date 517/96
For example, typical charges for a soils technician would be as follows:
UP TO
2 Hrs.
4Hrs.
6 Hrs.
8 Hrs
KLEINFELDER
$ 84
$168
$252
$336
PSI
$160
$160
$300
$300
Comparing Kleinfelder Incorporated's fee for individual material tests (42 selected by staff) you will
find that their fee meets or beats Law/Crandall 81 percent, PSI 59 percent and CH&A 60 percent of
the time. This takes into account that PSI also charges $5 for every test report issued in addition to
the cost of the individual test. Kleinfelder Inc. will include the cost of a report in the fee charged for
an individual material test. Staff believes that they have negotiated a fee schedule with Kleinfelder
Inc,. which is fair and reasonable to the City.
Staff, therefore recommends entering into a contract with Kleinfelder Inc., to obtain the needed
geotechnical and material testing services for the remainder ofFY 1996, FY 1997 and FY 1998. The
services to be provided include project site testing and plant inspections for Portland Cement
Concrete and Asphalt Concrete Pavement. The extent of these services will be determined on a
project-by-project basis and will cover both private and public projects. Staff estimates that during
the contract period with Kleinfelder Inc. ending on June 30, 1998, the consultant will provide
geotechnical and material testing services on an intermittent basis at a cost of about $200,000.
During the past three fiscal years, the City has spent $56,477.11, $147,831.86 and $77,118.05 for
each year. So far during the current fiscal year the City has spent $75,921 for geotechnical and
material testing services. The rate of expenditures for these services reflects the construction activity
of the City's Capital Improvement Program and private development projects. There are no
provisions in the contract to extend it past June 30, 1998.
The agreement provides that the consultant shall only assign those individuals specifically approved
by the City and that substitutes or replacements shall also be approved. It further grants the city the
right to terminate the contract in the event consultant is unable to provide acceptable personnel. If
it becomes necessary to terminate the contract, the City would select a replacement firm from the
list shown above.
Funding for the material testing services contract will be obtained from developer inspection fees
and from approved Capital Improvement Program (CIP) funds. There will be no additional expense
to the City's General Fund.
FISCAL IMP ACT: The estimated maximum cost of this contract totals $200,000. However, there
is no cost to the City General Fund because the charges will be paid from developers fees or
approved CIP projects.
FileNo.:
0400-05-KYO 13
0380-80-L Y031
KJG:dh
M:\HOME\ENGINEER\AGENDA \GEOTECON.KJG
IIJ-tj
RESOLUTION NO. J ~ ~7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND
KLEINFELDER, INC., AND AUTHORIZING THE MAYOR
TO EXECUTE ON BEHALF OF THE CITY
WHEREAS, since fiscal year 1991-92, the Public Works
Department has contracted with a consultant to provide geotechnical
and materials testing services; and
WHEREAS, the City's current contract with Law/Crandall
Inc. is due to terminate soon when the current authorization limit
reaches $400,000; and
WHEREAS, the original contract with Law/Crandall Inc.,
was approved by the City Council on August 4, 1992, Resolution
16741 with an original authorization limit of $150,000; and
WHEREAS, the authorization limit was increased to
$320,000 by city Council Resolution 17434 on March 22, 1994, and
again to $400,000 by City Council Resolution 17981 on July 25,
1995; and
WHEREAS, Engineering staff therefore decided it was the
appropriate time to negotiate a new contract with a consultant; and
WHEREAS, following the consultant selection process in
Municipal Code Section 2.56.230, staff has negotiated a contract
with Kleinfelder, Inc. to provide geotechnical and material testing
services until June 30, 1998.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve agreement for geotechnical
and material testing services between the city of Chula Vista and
Kleinfelder, Inc., 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
Agreement for on behalf of the city of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
c: \rs\kleinfel
If) -J--- )J'
I
, -,
\"~/
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Kleinfelder, Inc.
for Geotechnical and Materials Testing Services
This agreement (" Agreement"), dated May 1. 1996 for the purposes ofreference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit
A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City desires to have geotechnical services and construction material
testing in conjunction with various capital improvement projects in which it engages and in
conjunction with specification compliance on construction projects engaged in by various
private parties which the City is required to review; and,
Whereas, Consultant desires to perform these services for the City at the price and
terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement;
M:\HOME\ENGINEER\INSPECT\KLENFELD .AGM
Page 1
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Dermed Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Dermed Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
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jIJ,Y
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies
of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better,
or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
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Page 3
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H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond "), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent
to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees to
provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with
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Page 4
M :IHOMEIENGlNEERIINSPECTlKLENFELD.AGM
the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators ") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
M:\HOME\ENGINEER\INSPECT\KLENFELD.AGM
Page 5
If) -II
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant
is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest
and disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
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E. Duty to Advise of Confticting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conftict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this
Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conftict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the negligent acts or omissions
or willful misconduct of the Consultant, or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement, except only for those
claims arising from the sole negligence or sole willful conduct of the City, its officers, or
employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees
and liability incurred by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Consultant at its own expense
shall, upon written request by the City, defend any such suit or action brought against the City,
its officers, agents, or employees. Consultants' indemnification of City shall not be limited by
any prior or subsequent declaration by the Consultant.
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8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
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12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written COnsent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
ports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
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16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defmed Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified,
waived or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Kleinfelder, Inc.
for Geotechnical and Materials Testing
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
b~.eV1?Ij ~ &~~-<~
ruce . Boogaard, Ci Attorn
Dated:
:-Lili:u~
William S. Siegel, Regional Manager
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B:
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I
Exhibit A
to
Agreement between
City of Chula Vista
and
Kleinfelder, Inc.
1. Effective Date of Agreement: May 1. 1996
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of Califomia
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
. 3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Kleinfelder, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
9555 Chesapeake Drive, Suite 101
San Diego, California 92123
Voice Phone (619) 541-1145
Fax Phone (619) 541-1645
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7. General Duties: Consultant shall provide material testing, plant inspection, and geotechnical
engineering services at the direction of the City Engineer at City of Chula Vista designated
construction sites and facilities.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. Materials Testing
The Consultant shall perform the required American Society for Testing and Materials (ASTM)
and State of California Department of Transportation (CaITrans) Standard Test Methods as
required by the City Engineer. The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time to pick up samples, reports, storing of specimens, furnishing
test cylinders, etc. as listed in the following fee schedule:
Tested Method Primary Tests Fee
ASTM Cll7 Fine Sieve in Agg. Wash $65
C136 Sieve Analysis F & C Agg. $60
C1856 Abson Recovery Method $175
C39 Compo Strength Cyl. Cone. $14
D1557 Compac Soil Modified Proctor $105
D1559 Marshall Apparatus $200(1)
D2041 Max Sp. Gr & Density Bitumen $70
D2170 Kinematic Viscosity $105
D2172 Extraction Bitumen Pav $90
D2419 Sand Equivalent $60
D2726 Sp. Gr. & Density Compo Bitumen $45
Calif. 202 Sieve Analysis F & C Agg. $60
216 Relative Compac S & Agg. $105
217 Sand Equivalent $60
226 Moisture by Oven Dry $10
301 "R" Value Soils by Stab $135
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Tested Method Primary Tests Fee
304 Prep. Bitumen Mixtures $100
308 Sp. Gr. & W. Compo Bitumen Mix $50
310 Content Bitumen Hot Solvent $120
312 Design & Test Class ACTB $175(2)
$760(3)
366 Stabilometer Value $90
367 O.B.C. Quote $2,000
to $2,500
375 In Place Density & R. C. A. C. $42
379 Asphalt Content Bitumen Calibration $290
Oil Content $65
521 Compo Strength Cone. Cyl $14
540 Cone. Compo Test Speciman $38
643 Life of Metal Culverts $105
ASTM C131 Abrasion & Impact, L. A. Mach. $135
C289 Portential Reactivity, Agg. $200
C40 Organic Impurities $40
C42 Testing Drilled Cores $25
C78 Flexural Strength Cone. $40
C88 Soundness of Aggregates $85
D422 Particle-Size Analysis Soils $125
Calif 205 Percentage Crushed Part $100
211 L. A. Rattier (500)
0,000) $135
213 Organic Impurities $50
214 Soundness of Aggregates $85
227 Cleaness of Coarse Aggregates $75
229 Durability Index $120
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Tested Method Primary Tests Fee
311 Moisture in Mixes XYL Ref. $185
533 Ball Penetration Pressh P.C.C. $42
(1) Set of three
(2) Compression Test Only, set of three
(3) Complete ACTB design, including laboratory conformance testing of
aggregates.
n. Plant Inspection
Provide full-time plant inspection of asphalt concrete and portland cement concrete plants to assure
proper operation, and proportioning in accordance with requirements of project specifications.
Including certification and reports of monitoring and required corrections and adjustments.
Payment shall be per hour for time spent at the plant. Travel time is not reimbursable. because
it is reimbursable as an item under materials testing at Paragraph I.
III. Geotechnical Engineering
Geotechnical Engineering services for City projects during earthwork construction operations
necessary to meet finished grades shown on the plans and cross-sections. Consultant to provide
geotechnical engineering observation during site preparation for placement of f1ll and construction
of subdrains. The Consultant shall make recommendations regarding the removal of unsuitable
material for fills and methods of compaction based on previous geotechnical investigations and
own observations. The number of such projects will vary from year to year and in scope. And
consultant's services will be on an as-needed basis. Payment shall be per hour for time spent on
project.
IV. Accounting and Billings
Consultant shall provide separate bills for each City project identified. Every bill will list all
work performed on project. Bill will show total amount billed to date for project, payments
received and amount due. All work elements shall be itemized, Le. tests performed, personnel
charges/hours, equipment costs, etc. Weekly budget summaries to be submitted. City to be billed
within 4 weeks of work performance.
The Consultant shall forfeit payment for work performed and billed to City more than 60 calendar
days after performance of work.
V. Personnel
Mr. Ronald C. Thomson shall serve as Project Manager and single point of contact for the City.
Geotechnical Services shall be provided by Mr. Rick E. Larson. The City shall reserve the right
of refusing personnel assigned to a project by the Consultant.
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VI. Reports
City to receive written reports on test results within 3-working days after completion of test
results. Test results to be faxed and/or telephone as soon as final test results are available.
VII. Conflict of Interest
Refrain from having clients who may be doing work under permits or contractual agreements with
the City of Chula Vista.
VllI. Special Trips
City agrees to pay Consultant a minimum of two hours labor plus mileage if the Consultant is
requested by the City to make a special trip to pick up soil samples, asphalt concrete samples,
aggregate samples, and concrete cylinders at the project site. If the time to pick up samples
exceeds 2 hours, then the cost will be based only upon an hourly labor rate and no mileage will
be paid.
IX. Works not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not listed in this
schedule, the price/cost of providing this work shall be negotiated in good faith between the City
and the Consultant. The negotiated price(s) shall not exceed the Kleinfelder 1995 Fee Schedule
For Environmental and Geotechnical Material Testing Services and labeled as Exhibit B to this
agreement between the City and Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliyerables:
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: June 30, 1998
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9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial Gen~ral
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: To be determined on a project by
project basis, mutually agreed to by City and Consultant.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the compensa-
tion due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end
of the phase, the full retention has been held back from the compensation
due for that phase. Percentage of completion of a phase shall be assessed
in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has
been provided, but in no event shall such interim advance payment be made
unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The
practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
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B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
( )
Fee for Said Phase
$
$
1. Interim Monthly Advances. The City shall make interim montWy
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the compensa-
tion due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end
of the phase, the full retention has been held back from the compensation
due for that phase. Percentage of completion of a phase shall be assessed
in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager
shall designate, but only upon such proof demanded by the City that has
been provided, but in no event shall such interim advance payment be made
unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The
practice of making interim montWy advances shall not convert this
agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant as to a specified materials test the fee as listed in paragraph 8.A.I. Materials testing
and as to other services requested by the City such as plant inspection and geotechnical
engineering, the City shall pay Consultant for the productive hours of time spent by Consultant
in the performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
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(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for
$ including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) (X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time, materials, and fees
equal to $200,000 ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Consultant Employee Hourly Rate
Staff Professional $65
Project Professional $90
Project Manager $75
Senior Professional $90
Senior Project Manager $90
Principal Professional $90
Senior Principal $180
Program Manager N/A
Senior Program Manager $125
Adrrrll1fVVord Processor $40
Technician $42
Associate Technician $48
Senior Technician $52
Supervisory Technician $60
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Note:
1) Field services will be charged at 2, 4, 6, and 8 hour
increments.
2) Over 8 hours worked, Saturdays - Time and one-half
3) Sundays, holidays - Double time
() Hourly rates may increase by 6% for services rendered after [month], 19
, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
(X) Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$0.40/mi **
** Dilly as it applies to Section 8.A. VIII Special Trips of this agreement.
13. Contract Administrators:
City:
Kenneth J. Goldkamp or Dennis C. Davies, Construction Engineering
275 Fourth Avenue
Chula Vista, CA 91910
(619) 422-0206
Consultant:
Ronald C. Thomson, Operations Manager
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1()-,;)1
14. Liquidated Damages Rate:
( ) $_per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
() Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
16. ( ) Consultant is Real Estate Broker and/or Salesman
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17. Permitted Subconsultants:
BTC in Ventura California for ASTM
C1856 and D2170
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies from Proiect to Proiect
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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THE CITY OF CHUU VISTA PAR7Y DISCLOSURE STATEMENT
~/o
Stal~ment of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
'ch will require discretionary action on the part of the City CounciJ, Planning Commission, and all other
ullicia] bodies. The following information must be disc]osed:
1. List the names of all persons having a financial interest in the contract, Le., contractor,
subcontractor, material supplier.
AJ~~
1. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
4.)/ ^
3. If any person identified pursuant to (1) above is non.profit organization or a trust, list'the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
wi"
... Have YC.L. ,lad more than $250 worth of business transacted with any member of the City staff,
Boar~sy;",'mmissions, Commit.~es and Council within the past twelve months? Yes_
No ~ fj' yes, please indicate person(s):
~. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
ND1.)~ '
6, Have you and/or your officers or agents, in the aggregate, contributed more than '$1,000 to a
Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which
Councilmember(s):
~ is defined IS: .Any individual, fiml, eo-pnnnmllip, joint I1enlU~.lIssocintion, social club,fratcmLll organizntillfl, eorporn/ion,
"i/{/(", Irllll, rcceil'cr, ,,'ndienlc, this IInd an>, olher eounl)', city and counl1)', cil)', ",Ullicipnlity, district or other polilicalslI!>divisiu/I.
Dr .111)' olher grOllp Dr eombinntion acting as n unit:
"
(NOTE: AllICh Idditional plges 15 necessary)
p.'te: LJ I'l.'f /96 .
.
p.; I '.\.DISCLOSJ:.'I:'.:11
.=t.
Sianature of contractor! plicant
.t.viUil\oftl c.. S/E-'E'L / j(uIN~L.O~1t. . iNC. .
Print or type name of contractor/applicant
IR...,..d, 11130'-(1))
/0-3/
- This Page Blank -
~
/ [)- 3d-,
kq ~IEBIFfDER
KLEll\"FELDER f'f.. fI ~
1995 FEE SCHEDULE FOR ~
E!\"VIRONMENTAL AND GEOTECIDnCALlMATERIALS TESTING SERV1CES
Kleinfelder is a consulting firm which pro\ides serviocs in geolecbnica1 engineering, malerials engineering and testing,
engineering geology, hydrogeology, environmental engineering, geochemistry, industrial health and safel)', mining
engineering, waler resources, and agricultural ClIgineering. Sin~ 1961, the firm has provided consulting serviocs to
industries, governmentaJ agencies, commercial firms, develope~, and other design profcssioll&1s.
omcES AND TESTING LABORATORIES
ARIZONA
3249 East Harbour Drive
. Phoenix, AZ 85034
(6_-2) 437-8433
2410 West RuthnluffRoad, Suile 110Q
Tucson, AZ 85705
(602) 293~020
CALIFORNIA
1370 Valley Vista Drive, Suite ISO
Diamond Bar, CA 91765
(909) 396.0335
1410 F Street
Fresno, CA 93706
(209) 486.0750
15375 Barranca Parl.:way, Suite F-I04
Irvine, CA 92718
(909) 727-4466
Industrial Testing International (IT!)
a dh'ision of Kleinfelder
2100 Flight Line Drive
Lincoln, CA 95648
(916) 645~013
123 Co=e= Drive, Unit B-4
Mammoth Lakes, CA 93546
(619) 934~829 (Seasonal)
1577 West Main Street
Merced, CA 95340
(209) 384-7552
981 Garcia Avenue, Suite A
Pittsburg, CA 94565
(SID) 427-6477
7133 Koll Center Parl.:way, Suite 100
Pleasantol1, CA 94566
(SID) 484-1700
4369 CaterpiUar Road
Redding, CA 96003
(916) 244-7203
11731 Sterling Avenue, Suite E
Riverside, CA 92503
(909) 688-2513
3077 Fite Circle
SacratnClllo, CA 95827
(916) 366-1701
9555 Chesapeake Drive, Suite 101
San Diego, CA 92123
(619) 541-1145
2160 OakJand Road, Suite B
San 10se, CA 95131
(408) 432-8952
101 Lucas Valley Road, Suite 120
San Rafael, CA 94903
(415) 472~770
2240 Nor1hpoint Pa.d:way
Santa Rosa, CA 95407
(707) 571-1883
2825 East Myrtle Street
StIX\.:tOI1, CA 95205
(209) 948-1345
110 Railroad Avenue, Suite E
Suisun, CA 945&5
(707) 429-4070
Corporate Headquarters
2121 N. California Blvd, Suite 570
Walnut Creek, CA 94596
(SID) 938-5610
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IDAHO
7231 W. Fruklin Road
Boise, ]D 83709
(208) 376-9700
NEVADA
6850 Soutb Paradise Road
Las Vegas, NY 89119
(702) 736-2936
3189 Mill Street
ReDo, NV 89502
(702) 323-7182
OREGON
15050 S.W. KolI Parkway, Suite L
Beaverton, OR 97006
(503) 644-9447
UTAH
2749 East Parley's Way, Suite 100
Salt Lake City, UT 84109
(801) 466~769
551 Nor1h 1400 East, Suite 3
SL George, UT 84770
(801) 628-5231
WASHINGTON
3380 146th Place SE, Suite 100
BeUe\~e, WA 98007
(206) 526-4200
FEE95
kq KLEINFELDER
BASIS OF CHARGES
1. Listed herein are typical prices for CIIvirorunental lelVices most freqUeDt1y performed by Kleinfelder.
Pri.ces for other services provided by the firm or other ez>vir'onmeDta1 services Dot listed will be JiVeD upon
request, as wen as special quota1ions for Proir&mS involving volume work.
2. The client agrees to limit the cotlSU!tant's liability to the client and to all contractors and subcontractors on
the project due to professional Degligent acts, en-ofS or omissions of the cotlSU!l.LDt to the sum of S50,OOO
or the consul_t', fee, v.ilicbever is iruter.
3. Invoices will be issued on a periodic basis, or upon completion of. project, whichever is sooner. The Det
cash amount of this invoice is payable on presentation of the invoice. If not paid within 30 days after the
date of the invoice, the ""paid balance shall be subject to a FINANCE CHARGE of 1.5 I' per month,
which is an ANNUAL PERCENTAGE RATE of 18 iii.
4. A two-hour minimum charge will be made for aI! field services. A four-bour minimum charge will be
made for any field servi= in ~cess of two hours. I\r. eiiht-bour minimum charge wiII.be made for field
services in excess of four hours per day. A oil....hour minimum charge per day will be made for any office
services.
5. Time worked in ~cess of 8 hours per day and weekend work will be charged at 1.5 times the bourly note.
6. Per diem will be charged at a rate of S86 per day per person or expense& plus 201', whichever is iruter.
Per diem will be charged for aI! projects in excess of 50 miles from the nearest KJeinfelder office.
7. Outside services will include a 20 I' markup unless otherwise Doted.
8. We are protected by Worker', Compensation Insurance (and/or Employer's Liability Insu=ce), and by
Public Liability Insunnce for bodily injury and property damage, and will fumish certificates thereof upon
request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase
order places greater responsibilities upon us or requires further insu=oe coverage, we, specifically
directed by you, will take out additional insurance (if proc:un.ble) to protect US at your expense, bUl we
shall not be responsible for property damaie from any cause. including fire and explosion, beyond the
amounts of coverage of our insunnce.
9. All CllvUonmeuta1 samples may be returned to clients at K!einfelder's discretion 30 days after submission
of final report, unless prior arrangements are made.
10. Proper disposal or bandlini of soil boring cuttings, well developmez>t and purge wa!:rS, decon'."';ftO";on
solutions, and other con'."';".''''' 'potentially contaminated materials is the responsibility of the cliCllt.
KJeinfelder can provide containers for onsite containment and can advise the client reiardini proper
handling proced=. -
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FEE95
...~ KLEINFELDER
1995 FEE SCHEDULE FOR
EI'.'VIRO1'\™INTAL AJI."'D GEOTECID\'1CALIMA TERIALS TESTING SERVICES
PROFESSIONAL STAFF RA TES*
Professional .... .... ..... .... ..... ...... ..... ........ ....... ... ..... ...................... ....... ............. .....
Staff ProCessional ........................ ...... ............ ........... .......... ............................
Project ProCessional ........................................................ ....... .........................
Project Manager ...0.... ................................ ... ...................... ........... ............. ........................................
Senior Professional .... .............................. ......................... ........... ...... .......... ..... ..... ..........................
Senior Project Manager.................................. ........................ ......... ................... ..... .......................... .......
Principal ProCessional ...................... ........................................ ........................
Senior Principal\Expcrt Witness .......... ................ ... ............... ... ....... ... ... ....................... ...
Program Manager\Specia1 Consu1t&Dt.. .................. ......... ........... ................ ...... ......
Senior Program Manager.... ........... ................... .....,....... ..... ......... .... ... ................
ADMINISTRA TIVElTECHNICAL STAFF RATES
Administrative\ Wore! Processor ......... ........... ...... ...... ..... .................... ............ .....
Technician................................. ...............;. ....... ......... ..................................
Associate Technician \Dn.Ctsperson .................................... .....................:.............
Senior Tecbnician ........................ .............................................................. ....
Supervisory Technician ....... ..... ............. ..... ............ .........,...... ... ...... ..... ..... ........
S 75'hour
S 90 'hour
S 100' hour
S 110' :.our
S 120' hour
S 125' hour
S 135' hour
S 200' hour
S 150 t hour
S 175' hour
S 50 thour
S 45 thour
S 5S , hour
S 6S t hour
S 75 I hour
Minimum Charges For Office Time Per Day........................................................... One Hour at
Applicable Rate
· Applies to all professional ralt.s including but lIot limited to civil. lDechamcal. chemical. electrical.
geotechnical and environmcntal enginee~; industrial hygienists; geologists; hydrogeologists; hydrologists; and
computer specialists.
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FEE95-ZOO
ENYIRONME!'\'TAL SAMPLING AND TESTING EQU1PME.~'T
son.. AND WATER
Acoustic Water Level Indicator ..........................................................................
Air Cirt:ulating Fan .......... ................... ..... .................... ... .............. ..................
Air Compressor (3 -10 clm) .............................................................................
An.alol The.rmometer-t' ................ ........................ ..... ........... .............................................................
Bailers ................ ........ ... ........ .................. ......... ... ........... ...... ..... ........... .......... .......... .... ....
Bat Probe .............. ......... ...... ................... ....... ............................ .... ... .......................... ......
Bed Load Sampl~rs
Hand-Held Low Flow ................................................................. ....... ........
Higb Flow with Suspension Syst:m and Wincb ..................................................
Brunton Transit. ................ ............ ................................................................
Centrifugal Water Pump. ....... .................. .... .................... ................. .....................................
Ch.risty Box .......... ........ .... ......... .................. ....... ............... ......... ................... ........
Concrete Bags. SO Lbs.....................................................................................
Conductivity, pH. and Temperature Monitor ..........................................................
Conductivity-Based Water Level Indicalor .............................................................
Current MeterlFlow Measurement Equipment .........................................................
Diapbngm Surface Pump .................................................................................
Digital Tbermomctc~ ................. .................... .................................................
Disposable Bailers. ................. .........................................................................
Distilled W &ler......................... ......................................................................
Groundwater Sampling TrucklI'rallor .............. .....................................................
(Complete with generator, air compressor, sample pump and reel
assembly, steam cleaner and water tank, water level indicator,
conductivity. pH and temperature monitor, bailer) 4.bour minimum
Hand Auger and Soil Sampler ............................................................................
Hermit Hydrologic Monitor ..............................................................................
Hydrogen Peroxide Test Kit...............................................................................
Interface Probe (oil/water) ..... ............. ......................... .................. ........ ...........
Isco Composite Water Sampler Unit ....................................................................
Isco Bladder........................ ...................... ....................................................
Isco Flow :Recorder ............................ ................. .................. ...... ....... ............
Level or Transit and Rod ..................................................................................
Line/Cable Locater .................. .......................................................................
Locks.................................... ......................................................................
Lysimeter Sampling Equipment ............... ............................................................
Mason Jars ....... ........ ........ ................ ...... ...... .............. ................. .......... .......
Measur1Dg '\I/hee1* ....... ......... .... ......... ..... ...... ............. ... ..... ...... ...... ......... ........
Metal Detecto~ ....... ................ ............. ..............................................;.... ......
Mileage, Round Trip ...................................................... ............. ........... .........
Mylar ReproductiollS ............. ........................ ..................................................
Peristal tic Pump ............. ..... ..................................................................... .....
Personal ComplBasic Soft Sys ............................................................................
pH Mtt.e~ .............................................. .....................................................
Pboto Ionization Deto::tor ......................... ,...... ............ ...................... ................
Pipe Cutter and Th.re.ad~ .... ................ .... ..... ........... ... ......... ...... .... ............. ......
Portable Air Compressor* -....................... ............. .......... ................ .......... ........
Portable Generato~ ..... ........ .:......... ............................................... ..................
Portable Generator (1.5 to 4 kW) ........................................................................
Portable GCZlerator (greater than 4 },;'W) .................................................................
Power IDverter* ......... .......... ........... ... ....... ........ ... ........ ....................... ..... ......
Pump Bladders ....... .......................... ............. ...... ........ ...... ............ ................
QED Filters ..................................................................................................
Rangt FiDder* .... ... ...... ..... .................................... ......... ........ .... ............. .... ...
Sample Transfer Vesse! (filter) ......................................... ................. ....... ...... .....
Sampling Kit.... ................ .............................................................................
Steam Cleaner (0.5 to 2 gpm) ............................................................................
Stevens Water Level Record~ ........................................ ............... ....................
.
Weekly and DIOalhly rates available upon request. ~
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....~ KLEINFELDER
$ 1151 day
$ 801 day
$ 1051 day
$ 151 day
$ 451 day
$ 401 hour
$ 551 day
$ 901 day
$ 151 day
$ 751 day
$ 951 each
$ 61 each
$ 501 day
$ 501 day
$ 901 day
$ 801 day
$ 151 day
$ 151 eatb
$ 2.501 gallon
$ 75 I hour
$ 651 day
$ 5201 day
$ 61 hour
$ 601 day
$ 1701 day
$ 251 each
$ 1201 day
$ 901 day
$ 1001 day
$ 71 each
$ 351 day
$ 201 case
$ 151 day
$ 15/ day
$ 851 day
$ 151 sheet
$ 751 day
$ 151 hour
$ 251 day
$ 1601 day
$ 251 day
$ 251 day
$ 401 da)'
$ 901 day
$ 1151 day
$ 201 day
$ 701 each
$ 201 ea:b
$ 151 day
$ 201 day
$ 151 day
$ lISlday
$ 501 day
FEE\E9S.1
kq KLEINFElDER
ENVIRO?\'MENTAL SAMPLING A1\"D TESTING EQUIPMENT (Continued)
Storage Tanks
500 gallon ......... .... ............................. ....... ... ........ ... ............... ....... .........
2.0Q() laIlon ........ .0. ......0..0......0....0.0....0.. .0......0..0.................0....................
Suspended Sediment Samplers
DH48 Hand.Held Low Flow ........................................................................
D49, D74 Higb-Flow with SuspellSion System and Win::h ....................................
Syringe Sampler .......... ..... ............................................................. ................
TraBer.Mounted 4-inch Submersible Pump and Reel Assembly....................................
Transducer and SE1000 Recorder .......................................................................
Variable V ollage Supply. ...... ..... ...... ............................... .................. ;...............
Video Camera ................................................................. ..............................
WaIkie Ta11d.e Set- ....... ...... .... .... .......... ................... ....... ...... .......... ....... ...... .0...
Well Development Tool..................... ........... ....... .............. ............. ....... ..........
AIR. AND GAS
Absolute Pressure Transducer .......................................
Bacharach 0:2 Combustible Analyzer ..............................
Barbole PunCh ..........................................................
Barometer ...... .........0. ..... .... .......... ...............0...... .....
Ca1ibl'2tion Gas .0..... ..0 ...... ...... ....... ......... ..... ...........:.
Calibration Gas Regulator ............................................
Combustible Gas Analyzer ............................;..............
Differential Pressure Transduc<:r ....................................
Draeger Quantim~er ..................................................
Draeger Tubes .......... ...............................................
Dual Ambient Air Sampler ..........................................
Field Gas Chromatograph ............................................
Fyri~ C02 or 02 Indicator ..........................................
Gas Chromatograpb (office) .........................................
Gas Production Curves ...............................................
Integrated Surface Sampler ............:..............................
Irrolll"..ter ................................................................
Kun Velocity Meter ..................................................
Magnehelic Gauge .....................................................
Moisture Meter ........................................................
Nalgone Hand Pump ..................................................
~ Analyzer ............................................................
Organic Vapor Analyzer or PhotoioniDtion Detector ...........
Organic Vapor Analyzer with Strip Chart Recorder .............
Orifice Plate ................. ... ......... ....... ..... ..... ........ ......
Pitot Tubes .............................................................
Portable Brailsford Pump or Equivalellt ...........................
Slaclc Tube Manometer ...............................................
SOUDd !..eve! Meter ....................................................
Strip Chart Recorder (dual pen) .....................................
Strip Chart Recorder (smgle pen) ...................................
Submersible Pump (3.)..;.............................................
Tedlar Air Sample Bag .........:......................................
Test Skid .... ... ........... .......... ...... ............ ......... .........
Test Trailer ............... ....... .... ..... ... .................... .......
Vibration AD.a1yzer ...... ...... ........ ... ..................... .........
Voltmeter .... .................. ............. .................... .,......
Wind Speed and Direction Indicator (one system each) .........
· Weekly and monthJy rates available upon request. .
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RatelDav Rat~lWee\:
$25 $ 80
40 120
20 S5
IS 4S"
8 25
8 2.5
60 210
25 90
120 410
15 eacb
65 195
580 2,320
15 40
40 120
8 2.5
25 90
15 45
15 45
20 60
70 240
185 S60
210 S80
25 75
15 45
35 105
8 2.5
SO
20 60
20 60
80
35 eacb
320 1,110
380 1.380
65
8 2.5
390
$ 15 I day
$ 151 day
$ 551 day
$ 901 day
$ 1551 day
$ 3601 day
$ 2.301 day
$ 870 1 weeJc
$ 2.51 day
$ 701 day
$ 2.51 day
$ 601 day
RatelM onth
$ 250
390
135
130
65
75
640
260
1,270
700
6,400
120
70 ca::b T\III
410 ca::b T\III
390
70
260
130
130
190
690
1,960
2,210
260
130
340
70
190
190
3,530
4,190
65
1,380
FEE\E95.2
k~ KLEINFELDER
MO:!\'ITORING WELL INSTALLATION MA TERlALS*
C&siDg, BI&I>k Schedule 40, PVC with Threaded 10ints
100{ool l..,gIhs ....... ........................... ...............................
C&siDg, B1aDk Schedule 40, PVC with Thruded 10ints
S.{oot lengths ........... ........................ ...... .........................
C&siDg, Screens, 0.02-inch Slots, Schedule 40 PYC with
Threaded Joints, 100{oot leniths ............................................
Casings, Screens, 0.02-inch Slots, Schedule 40 PYC with
'I'h.rea.ded loints. S..foot lengths .............................................
C&siDi, PYC Plug ..................................................................
Casing, PYC Cap ...................................................................
Sand, lOO-Ib bag ....................................................................
Bentonite Pellets, SO-lb bucket ...................................................
Drums ..... ................ .... .............. ........ ............................ .....
Gl2llulated Bentonite, SO-lb sac!: .................................................
Ground Pump and Controller......................................................
CementJBentonite Sluri)' ..........................................................
Sealrity Tops .............................. .................................... .....
Brus Tubes ..................................... .......... ........ ...................
· Quotations on prices for PYC well casings ireater than 4-inch
dWneter and other materials (stainless steel, etc.) provided on request.
2-inch 4-incb
$ 7.00 I foot $ 15.00 I root
$ 8.00 /foot $ 20.00 I foot
$ 8.00 I foot $ 20.00 I fool
$ 9.00 /foot $ 30.00 I foot
$ 8.00 each $ 25.00 each
$ 15.00 each $ 35.00 each
$ 30.00 I.bag
$115.00 I bucket
$ 55.00 each
$ 50.00 I sack
$105.00 l4ay
$135.00 I cubic yard
$ 230.00 each
$ 8.00 each
HEALTH AND SAFETY EQUIPMENT
Ponable Personnel Decontamination Trailer ...................................
Pe:>onnel Air Sampling Pump ...................................................
Borehole Ventilation System ......................................................
r..,'el B Protection' ................................................................
wel C Protection' ................................................................
Le,'el D Protectiona ................................................................
limited !..eve1 D Protection- .....................................................
a Charges {or each protection level are based on dry ,!"ork conditions
and use of uncoated PYC/nitriJelneoprene gloves.' A nominal charge for
wet work conditions requiring ca,ted or special chemical resistant
coveralls (i.e., San.nex) and gloves (i.e., Viton) may be added.
$ 250 l4ay
$ 90 I 4ay
$ 190 I 4ay
$ 250 I 4ay I person
$ 160 I 4ay I person
$N/C
$N/C
SPECIAL MEDICAL SURVEILLANCE COSTS
Baseline physica1 costs are covered by the campany; however, project-specific medical tests will be charred al
cost, plus 20%.
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FEE\E9S.3
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...q KLEIN FELDER
ornER EQUIPMENT CHARGES
GEOPHYSICAL EXPLORATION EQUIPME!\"
Seismograph, Single Channel Bison Model157OC or Nimbus
Model ES.I25 ... ... ....... ..... .... ...... ... .............. ........................ ....................
Seismograph, Twelve Channel Nimbus Model ESI210F ...........................................
Resistivity Meter, Bison Model #2390 ..................................................................
Soil Test Model R-40C ...............................................................................
Meiser Earth. Tester .. ........... ............ ................ ... ....... ... ............ ...... .............
Magnetometer, POrl&ble Proton-Geometrics Model 6816 ............................................
Elec:tromagnetics . ........ ........ .................. ................ ........ .................................
Terni.n Conductivity Meter
Cieonics Model EM 31 ............................................................... .................
Downhole Shear Wave Velocity MC&SI1rement.........................................................
Blast and Vibration Monitor, VM.1oo (Normal set "p and tIl:edOWD).............................
Slope IDcLicator (4-hom minimum) .......................................................................
Pneumatic Piezometer Indicator
Sinco ModelS 1411.A..... ............................................................................
Sealed Douhle Ring lnfilLrometer
Test Equipme:1L..... ....... .... ............... ...... .......... ........... ............ .... ..............
VEffiCLES
Vehicle, 2 Wheel Drive ...................................................................................
Vehicle, 4 ~eel Drive ...................................................................................
Mileage., 2 'V/heel Drive. ...................................................................................
Mileage, 4 Wheel Drive ...................................................................................
Vehicle Equipped with Standard FieJd TestiJog EquiplllCllt...........................................
Vehicle Equipped with Nuclear Density TestiJog Equipment.........................................
Vehicle Equipped with Ultrasonic, Masuetic Particle,
and Dye Penetr.Ln! TestiJog Equipment..............................................................
Utility Trailer ........... ....... ...... ..... ........ ....................... .................... ..... .... ......
Hydraulic Hand Lift .............................................................. ... .... ..................
OmCE EQUIPMENT
Microcomputer, basic software systems and SIIpportiJog hardware ..................................
Mainframe Comp"ter Time.Sharing (per CPU minute)...............................................
Camera and Film ............................................................................................
Comp"ter Connect Time ................................ ............................ .... ................ ...
Disk Storage (per megabyte) ..............................................................................
Environment&llnformation Management System SoftWare Swc!wge..............................
Project Macagemen! and CPM Software S=har&e ..................................................
Reprod.uction ............ ....... ........... ....... ......... .......... ..... .......... ........ .......... .......
Telephone ........................................... ..... .......... ........... ...............................
Facsimile Copies ................................... ....... ............. ................ ......... ...........
Report SlIrCbuge ....................................... .......... .......... ............... ..... ............
Large Format Drawing Copies, 20.lb Bood ............................................................
Large Format Dra....ine Copies, Erasable Vellum .....................................................
Large Format Dra.....ing Copies, Precision Trim .......................................................
Autocad DraftiJoe; Hardware and Software .............................................................
A"toc&d Drawine Plots ......................... ................ ........................... ......... .......
Video Camera.................... ............................................................................
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/0-39
S 1801 day
$ 470 1 day
$ 155 1 day
S 125 1 clay
S 100 1 clay
$ 1801 clay
S 210 1 clay
S 1901 clay
On Request
$ 3801 day
S 45 1 hour
$ 1701 clay
On Req"est
S 8 1 hour
$ 15 1 hour
S .50 1 mile
S 1.00 1 mile
S 15.00 1 hour
S 20.00 1 hour
S 20.00 1 ho"r
$ 3S 1 day
$ 30 1 day
S 20 I hour
$ 8 1 min"te
S 20/weeI.:
S 7 1 hour
S 70 I month
$ 15 1 hour
S IS 1 hour
S 0.50 I p&ge
S 0.50 I min"te
S 2.50 I page
S 35 I copy
S 2.501 sq ft
S 3.50 I sq ft
$ 1.50 ea.:h
S 30 I hour
$ 1.50 1 min"te
S 58 I copy
FEE\E95-4
...q KLEINFElDER
GEOTECH1\'1CAL/MA TERlALS TESTING'EQUIPM:r..~ CHARGES
MATERIALS TESTING EQUIPMDo,T
Skidmore Wilb.lm Bolt Tension Calibrator.............................................................
Torqu. Wrench. ............. ..... ................ ........ ........... .... .................. ... .... ...........
Schmidt Hammer ., ............ ......................... .......... ................ .... ...... ........ .........
R Meter (pachometer) . ........ ...................................... ....... ........... .... ...... ...........
Windsor Probe...... ..................... ................... .......... ....................... ....... .........
Ancbor Bolt Testing D.vice.. .............................................................................
Concrete Vapor :rraoslDission Test.F!oorl & Siabs.RMA............................................
Thin Lift Nuclear Asphalt Gauge.........................................................................
Nuclear Aspbalt ConteDt G&uge...................... ........... ......................... .................
Coring Machine with Generator ..........................................................................
$ 40.00 I day
$ 40.00 I day
$ 65.00 I U)'
$ 65.00 I day
$ 20.00 I shot
$ 130.00 I day
$ 53.00 I test
$ 70.00 I day
$ 70.00 I day
$ 140.00 I day
Diamond Bit Core Barrel Charge Asphalt Concrete or Masolll')'
2' Diameter......................................... $ 6.00 I inch .................................. $ 4.50 I inch
3' Diameter......................................... $ 7.00 I inch .................................. $ 6.00 I inch
4' Diamet.r ......................................... $ 9.00 I inch .................................. S 8.00 I mch
6' Diam.t.r ......................................... $15.00 I inch................................... $ 15.00 I mcb
8' Diam.ter......................................... $15.00 I inch................................... S 15.00 I mcb
Minimum bit charg~' per core
SOIL M'D AGGREGATE TESTS
COMPACTION CURVES
Standard 4' Mold ......................................................................D-698 Method A
Standard 6' Mold .............................................................. D-698 M.thod B. C. D
Modified, 4' Mold................................................................... D.1557 M.thod A
Modified, 6' Mold........................................................... D.1557 Method B, C, D
Californi. 1mp.ct................ .................... ......... ................... .......... ...... CAL-216
Cbeck Point... ............ ..... ................. ...... ....... ...... ..... ............ ... ..... .................
UBC .............................................................................................. UBC 7D-l
R.lative Density (Ma.ximum and Minimum)....................................... D-4253 & 4254
SOIL AND AGGREGATE STABILITY
R-Value, Untreated M.terial or fi.ld Sample............................................... CAL-301
R-V.lue, ~ment. Lime or other Additives, Laboratory Mixed or
Reproportioned Samples ..................................... ..... ..... ............. ...... CAL-301
Correction for ov.rsi%.ed mAterial m sampl. ................................................ CAL-301
C.B.R. 100% Compaction.............................................................. D-1883, 1'-180
C.B.R. Oth.r Compaction Effort............................................................... D-1883
Soil C.ment, C.T.B., Mix Design .......................................................................
C.T.B. Compression Tesl, (Includes Preparation) .............................. D.1633, CAL-312
Lim..Treated Compression Test (Includes Preparation) .................................. CAL-373
Check Pomt ...... ....... ................................................... ..... .......... ....... CAL-373
~meot-Treated Colllpression Test .....................;............................ PCA EB051.06S
BASIC SOIL AND AGGREGATE PROPERTIES
Sieve An.lysis, Coarse and Fine "Including Wash.............................................. C-136
Sieve Analysis, Coarse (ReWnod on No.4 Siev.)............................................. C.136
Sieve Analysis, Fin. Including Wash (Passina No.4 Si.ve) ................................. C.136
Sieve An.lysis, Wash (% Finer than No. 200 Si.v.).......................................... C-ll7
Hydrom.t.r (Without Si.v. Analysis) ...........................................................D-422
Hydrom.t.r (Including Si",'~ AnaJysis)..........................................................D-422
Specific Gravity.................................................................. C-127, C-128, D-8S4
Sand Equival.nt, Av.rage of 3................................................................ CAI.-217
Sand Equiv.l.nt, 00. Point Method .....................................................................
Plasticity Index ....................................................... ........... ......... ......... D-4318
Liquid Lirrut .. ................................................................. ........... ......... D-4318
Swell Test ..... .... .................................................................... FHA Spccifi:ation
Swell Pressure, Per Point ..................................................................................
Ch.rrucal Expansion Test ... ............................ ................................ ...... ...m.......
'p;A
/ tJ-4D
$ 160 each
$ 155 eacb
S 160 each
$ 180 eacb
S 180 eacb
S 90 each
S 155 eacb
$ 260 each
$ 210 eacb
$ 250 each
$ 65 each
S 490 eacb
$ 640 eacb
00 Request
$ 760 each
$ 760 each
$ 210 each
S 500 each
S 105 each
$ 65 each
S 95 each
S 65 each
$ 125 each
S 185 each
$ 75 each
$ 85 each
$ 70 each
$ 125 each
$ 85 each
$ 140 each
$ 80 each
$ 85 each
FmG9S-1
k~ KLEIN FELDER
Moisture D~l~rmination and Unil W~igbt............................... D.2116, D-2937. D4643
Moistur~ D~l.rmination Only........................................................ D.2216, D-4643
Resistivity of Soil (lAboratory Measur.m.nt)..................................... CAL.532 or 643
pH Test (lAboratory Measurem.nt) ......................................................... EP A-9D45
pH Test, Lime Treate<l Soils ...................................................................... C-977
Organic Content-Soils............................................................................ D-2974
Pinhole Test for Dispersive Soils............................................................... D~7
HYDRAULIC CONDUCTIVlTY
Flexibl. W&1\, Constant Head .......................................................... ...... .... .... .....
FI.xib]~ Wall, Falling Head...............................................D.50S4. EM 1110-2-1906
Rigid Wall P.rmeability of Undisturbed Sampl~.......................................................
SAMPLE PREPARATION
Trimmina .....................................................................................................
Remoldinl...o ...... .... ..... ...... ................... .................. .......... ........... ..... ..... ........
Splitting..................... .............. ............. .......................... .................... .........
Mixing an.d Processing .... ................ .......... ... .... ......0 .... .... .0:.... ... ..,.. ........ .... ......
SHEAR S"I'RENGTH AND CONSOLIDATION TESTS
Unconfine<l Compression, Including Moisture Conlent
and Unit W.ight.............................................................................. D-2166
Triaxial Compression Tut
Quick P.r Point .............................................................................. ..........
UU .Sal\l"'te<l................................................................................ D-2850
CD Sal\lrate<l ..................................................................... EM-III0-2-1906
CU Satu"'t~ ................................................................................. D4767
CU Satural~ with Pore Wa~r Pressure.................................................. D4767
Direct Shear (Quick) P.r Point.................................................................. D-30BO
Direct Shear (3 point stage<l test) .........................................................................
Direct Shear (RuiduaJ) P.r Point ......................................:.................................
Cnnsolidation, With Two Tim. Rates ...................................................................
Constant Rat. of Strain Consolidation, With Tim. Ra~.................................... D4186
Consolidation, Without Tim. Ra~, Six Load Increm.nls .................................. D-2435
Collapse Po~ntial ........ ...... .......................... ................................. ....... ...........
Not.: Special tuting procedures that d~via~ from standard will be charged on a time and
.xpense basis.
AGGREGATE QUALITY
IDjuriollS Organic Matter ......................... ................... ....... ............. .............C40
Absorption, G"'v.l........ .......................... .............. ....... ..... ....... ... ............ C-127
Absorption, Sand..... .... ...... ................... .............. ..... ............. ..... .......... ... C-128
Unit .......................... ...... ............................................. ........................ C-29
Unit W~ight (Av~rag. of 3) ..........................;..............................................C-29
Los ADg~les Rattl.r Tesl-5oo R~volulions .........................................CAL-211. C-131
Los ADg.les Rattl.r Tesl-1,ooo R~volutions.......................................CAL-211. C-535
SuI fat. SOlll1dness (5 Cycles) Per Sieve Size........................................ CAL-214. C-88
Mortar Making Properties of Sand (2 ages)......................................... CAL-515, C-87
Pot.ntial Reactivity Tut .........~....;............................................................ C-289
Clean.ness Test (R~f.ree Test) ................................................................. CAL.227
Crusb~ Particles on Si.v~ Sampl................................................. CAL-205, D-693
Flat and Elongate<l Particles cn Sieve<l Sampl.......................... D4791, CE-119. CE-120
Clay Lumps and Friabl. Particles ................................................................ C-142
Lightw.ight Pieces in Aggregate ................................................................. C.I23
Durability IDdex-Coarse or Fin.................................................... CAL-229. D-3744
~q
/0--'11
$ 3S each
$ 20 each
$ 105 each
$ 45 each
$ 85 each
$ 80 each
S 170 each
$ 410 each
$ 410 each
S 270 each
S 45 each
$ 60 each
$ 47 each
$ 70 / hour
S 90 each
$ liS/point
S 190 / point
$ 290 / point
$ 230 / poinl
$ 330 / point
S 95 each
S 280 each
$ 145 / poinl
S 410 each
$ 500 I test
$ 290 I test
$ 90 each
$ 50 each
$ 50 each
S 50 each
$ 5S each
$ 85/aet
$ 135 each
$ 175 each
S 85 each
$ 340 each
On Request
$ 160 each
$ 115 each
$ 115 each
$ 90 each
$ 125 each
$ 155 each
FEE\G95-2
CONCRETE
C~>Dcrtte Mix Desisn Rtvi.w .............................................................................
Laboratory Tri&! Batch, Including Compression Testing of Six SptCimens........................
Concr.t. Cylind.r Cured &IIdlor Compression Tested...........................................C.39
Compression Test, Uthtwtight Insulating Concrete ..............:........................... C-495
Unit Wtight of Concrete Cylind.rs .............................................................. C.138
Fltxural Strugth, Concrete Bum........................................................ C.78, C.293
Air Content of Frcsb1y Mixed Concrete......................................................... C-231
Compression Test, Gunite .................. ....... ........ ........ ...............1........................ II ............
Compression Tut on Cored SptcimtnS (Includes End Preparation) ..........................C-42
Cylinder Molds.. ........ ......... .............. .................. ............. ....... ......................... 'O'. ...........
Drying Shrinkagt Test, set of3......................................................C.157. CAl.530
Modulus of EILSticity of 6" x 12" Concrete Cylindtr ......................................... C-469
Splitting T=iI. Stre:I:Ig1h .......................................................................... C-496
Ctmtnt Conleet of Hardtned COncm.............................................................C.85
Moisture Vapor Transmission Test............. ......... ............ .... ................. ............................. .......
DttlSity of Spray Applied Fireproofmg.......................................................... E-605
Unit Wtight of Ugbtw.igbt Concr.te ........................................................... C.567
Concrtte Ptrmeability .... .... ................................................................ CRD-C-48
Mortar Bar Exp:msion..................................~........................................... C.227
MASONRY
..q KLEIN FELDER
$ 170 ":h
$ 420 ":h
$ 20 ":h
$ 40 ta:h
$ 45"::h
$ 8S ta:h
S 2S ta:h
$ 45 ta:h
$ 80 ta:h
S 2.50 ea:It
S 400 ta:h
$ 200 ta:h
$ 65 ta:h
On Requtst
$ 55 ta:h
$ 60 ta:h
$ 60 ta:h
$ 1110 ta:h
S 1110 u.cb
Grout or Mortar SptCimen
Cured &lid/or Compression Testtd ................... C.579, C-1019, C.780, C-942, C.I09 $ 35 ta:h
Compr=ion Test, Masonry Units ................................................................ C140 S 70 ea:It
ComprtSsion TtSt, 8 x 8 x 16 Prisms or smalltr......................;.........U13C 24.26, E 447
Compr=ion TtSt, 10 x 8 x 16 Prisms or sma1ltr ..............................UBC 24.26, E 447
Compr=ion Test, 12 x 8 x 16 Prisms or smalltr ..............................U13C 24.25, E 447
Linea! Shrinkagt, Masonry Units.................................................. C-426, or Titlt 21
Compr=ion St=gth, Brick........... .................... ......................................... C-67
Modulus of Rupture. Brick .......... .............. ............................. ...... .............. ,C-67
Absorption Tut, Brick, 5-Hour with Cotfficittlt................................................C-67
Shear TtSt on Masonry or BrioJc Cores ...................................................... CAL-644
Grout or Mortar Mold ......................................................................................
Breaking Load, Roof Tilt.................................................................... U13C 32.12
Absorption, Roof Tilt. ..... .......... ........................................... ............. U13C 32.12
ASPHALT
Sptcification Ttsts.AR GradtS........... ................ ................. ..................... ...........
.Uquid Asphalt GradtS ...............................................................................
-EmulsiotlS .... ......................... ......... ........ ..... ...........................................
Othtr Asphalt Ttsts ....................... .................... ..............................................
Ctntrifugt Ktro_t EquivaltDt .............................................................. CAL.303
Extra:tion, " Bitumen............................................... D.1855, D.2172, or CAL-310
Film Stripping ................................................................................... CAL.302
Stabilomtttr Tut &lid Mixing of Samplt.................................................... CAL.366
Stabilomtter TtSt on Premixed Samplt ...................................................... CAL-366
SWtU .. ........... ....... ;..... ............. ........................ ............ ................... CAL-305
MoistuTt Vapor Susceptibility, in Addition 10 Stabilom~r ............................. CAL.307
Compltle Design of" Wearing Surfact for a Givttl Asphalt
&lid Aggrtgate, Hveem or Marsball Mtthod.......................................................
Morsha11 Stability &lid Flow.Set of 3 (Without Mixing) .................................... D.15S9
Morsball Stability &lid Flow.Set of3 (Lab Mixed) .......................................... D.15S9
Moisturt Conleet (XyltDt Rtflux Mttbod) ................................................... D.I461
Muimum Dtnsity of Mix by Marshall Mtthod, Set of3 (Without Mixi;lg)......................
Muimum'IbeoreticaJ SptCific Gl'llvity (Riot Mtthoc!) ..................................... D.2041
Indtx ofRwined S!reIIgtb............................................................ D.I074, D.I075
Indtx of Retained S=g1h................................................... US Army 6>rps Mttbod
~
/0-4.2
$ 80 ea::h
$ 90 u:h
$ 100 u:h
$ 125 ea:It
$ 50 ta:h
$ 55 ta:h
$ 70 ta:h
$ 80 ea:h
S 2.50 ea:It
$ 35"::h
$ 60 ta:h
On ReqUe$l
On RequtSt
On Request
On Request
$ 190 ta:h
$ 120 ta:h
$ 95 ea:h
$ 175 ta:h
$ 105 ea:It
$ 100 ea.:h
$ 200 ea::h
On Reque$l
$ 280 I set
$ 360 I set
$ 185 ta:h
$ 165 I set
$ 95 ea:It
$ 820 ea.:h
$ 560 ea.:h
FEE\G9S.3
METALS
Tensile, Up to 0.5 sq. in. Cross Sectional Area........................................................
0.5 sq. in. to 1.8 sq. in. ..............................................................................
Greater than 1.8 sq. in. ...............................................................................
Bend OnJy .. ................ ........................... .......................................................
Tensile and Bend, Up to 0.5 sq. in. Cross Sectional Area ......................................
Tensile and Bead, 0.5 sq. in. to 1.8 sq. in..............................................................
Tensile and Bend, Greater than 1.8 sq. in. ..............................................................
Pre-Stress St~ds, Tensile and Elongation .....................................................A-416
Pre-Stress Wire, Tensile and Elont:ation ........................................................ A-421
Machi.ni.ng Costs............ .......... .... ................ ...................................................
Weight of Coating (Set of 3) ....................................................................... A-90
Bolts. Nuts &. Washers, Hardness. &. I..oad Tests......................................................
· Does not include macbi.nint: costs. if required.
WELDING QUALIFICA nONS-STRUCTURAL STEEL
(pHYSICAL TEST ME'I1iOD-ASME, A WS, API, TITLE 21)
Operator Performance and Procedure Tests ........................................... ..................
Machi.ni.ng and Material Costs ............................................................................
Laboratory Testing: ...................................................Guided Bend Test, face or root
Side Bend Test............. .0..... 0.................... ................ .......0......... .... '0' ......0...
Free Bend Test ...... ...................... ................. .................... ........................
Tensile Test (reduced section) .......................................................................
Macroetcb Test. ..... ...................... ..... .............. ........ ........ ... ..... ..................
Fracture Test......................................... ...................................................
T Bend Test............ .............. ............ .................................... ........ ...........
Notch Test ........... ......... ............. ...... .................... ................. ..................
Fusion QUAlification Test on High Pressure Polyetbylene Pipe......................................
Qualification tests also available by "-ray procedurcs ................................................
ROOFING TESTS
Standard Quantitative Analysis............................................................................
Weight of Bitumen. Ply Structure Diagram
Standard Quantitative Analysis With Gravel............................................................
IncludeS Weight of Gravel
Quantitative Analysis ..... ....................:................................... ................ D.2829
Quantitative Analysis (New Roofs)............................................................. D.3617
Unit Weight of Surfacing ..................................................................................
Unit Weight of Sample... ............................................................. .....................
Diagram of Sample...................................... ..............................;.....................
Void Analysis ..................................... .... ......................................... ..............
Ply Type Identification .... .................................................................................
Mat Type Identification......... ..................... ............ ....... ....................... ............
Bitumen Sample Recovery .................................................................................
Bitumen Type Identification (Softening Point) .........................................................
Compliance Report.. ~....... ........ o. ..... ... ...... .................. ..... ............... ............ ... ...
TecbnicaI Photograph......................... .................... ...... ................. .......... .........
Roof Moisture Survey..... ......... ...... .................... .......... ....................................
~/O-~3
k"l KLEIN FELDER
$ 60 each.
$ 70 each-
On Request
$ 30 each
$ 70 each
$ 80 each
On Request
On Request
"On Request
At Cost + 20~
$ 105 I set
On Request
On Request
On Request
$ 40 each
$ 40 each
$ 40 each
$ 70 each
$ 55 each
$ 45 each
$ 60 each
$ 50 each
On Request
On Request
$ 135 each
$ 140 each
$ 210 each
$ 135 each
$ 70 each
$ 70 each
$ 70 each
$ 70 each
$ 50 each
$ so each
$ 50 each
$ 125 each
On Request
On Request
On Request
PEE\G95-4
k~ KLEINFELDER
TIMBER
Moisture Content Me.asurem.nts. ... ........... ..... ....................... ................ ...... .........
Strip .T.!lSion Test.......... ........... .................... ................... ...................... .........
Truss Load Test ....... .................................................... ......................... .........
Shear Test . .................................0 ................ .................. ................ ...... ..........
Qualification Test For Adhesives .................................... .....................................
Face 10int Bonding Test..... ...................... ........................ .................. ...............
End 10int Bonding Test ............................. ..................... ................ ........ ..........
OTHER EQUIPMENT CHARGES
GEOPHYSICAL EXPLORATION EQUIPMENT
S.ismograph, Singl. ChanDel Bisoll Mode1157OC or Nimbua
Mod.1 ES-l25 ....................... .................. .................. ...................... ........
S.ismograpb, Tw.lve Chann.1 Nimbus Mod.1 ES1210F ...........................................
Resistivity M.ter, Bisoll Mod.1 #2390 ............................._....................................
Soil Test Mod.1 R-40C ...............................................................................
M.gg.r Earth Tester ..................................................................................
Magnetom.t.r. Portable Proton-Geom.trics Model 6816 ............................................
Electromagn.tics ............................................................... .............................
T.rrain Conductivity Meter
Geonics Mod.1 EM 31................................................................................
Downhol. Shear Wave V.locity Measurem.nt .........................................................
Blast and Vibration Monitor. VM.100 (Normal ~t up and takedown).............................
Slope Indicator (4-hour minimum) ........................................................................
Pn.umatic Pi.zom.ter Indicator
Since Mod.l 5 1411-A....... ...... ................. ..................... ...... ........................
Sealed Doubl. Ring Infiltrom.ter Test Equipment.....................................................
YEHICLES
V.hicl., 2 Wh..1 Drive ...................................................................................
V.hicl., 4 Wh..1 Drive ...................................................................................
Mileag., 2 Wh..1 Drive ...................................................................................
Mileag., 4 Wh..1 Drive ...................................................................................
V.hicl. Equipped with Standard Fi.Jd Testing Equipment...........................................
V.hicl. Equipped with Nuclear D.!lSity Testing Equipm.nt.........................................
V.hicl. Equipped with Ultrasonic, Magn.tic Particle,
and Dy. Penetrant Testing Equipment..............................................................
Utility Trail.r ............. .................................................... ..............................
Hydraulic Hand Lift .... ................................................. ................ ......... .........
omCE EQUIPMENT
Microcomputer, basic software syst.ms and supporting hardware ..................................
Mainfram. Comput.r Tim..Sharing (per CPU minute)...............................................
Camera and Film .... .................................................... ....................................
Comput.r Connect Tim. ............................................,... ................... ..... ............
Disk Storage (per m.gabyt.) ..............................................................................
Environrn.nlalInformation Manag.m.nt System Software Surcharg...............................
Project Manag.ment and CPM Software Surcharg. ..................................................
Reproduction ..............0. ..... ....... ........ .................. .0...... ..................................
T.I.phon. ......................... ......................... .................. ................................
Facsi mil. Copies ........,............................... ................... .......................... ......
R.pen Surcharge ........................................ ...................... .......... ........... ........
Larg. Format Drawing Copies. 20-1b Bond ............................................................
targe Format Drawing Copies, Erasabl. V.llum .;...................................................
Larg. Format Drawing Copies, Precision TrilOl ................................................"'....
Autoc.ad Drafting, Hardware and So~ .............................................................
Autocad Drawing Plots ........................ ...................... .................... ...... ............
Video Cam.ra.............. ........ ...... ............................................................ ........
~ IO-/fJ/
$ 20 each, +
technician' 5
hourly rat.
$ 90 each, +
machining
cost
On Request
On Request
On Request
On Request
On Request
$ 180/ day
$ 470 / day
$ 155 / day
$ 125 / day
$ 100 / day
$ 180/ day
$ 210 / day
$ 190/ day
On Request
$ 3801 day
$ 45 1 hour
$ 1701 day
On Request
$ 8/hour
$ 15 1 hour
$ .50 1 mil.
$ 1.00 / mile
$ 15.00 1 hour
$ 20.00 1 hour
$ 20.00 1 hour
$ 35 1 day
$ 30 / day
$ 20/hour
$ 8 / minute
$ 20 / wee1c
$ 7/hour
$ 70 / month
$ IS/hour
$ IS/hour
$ 0.50 / page
$ 0.50 / minute
$ 2.50 / page
$ 35 1 copy
$ 2.50 1 sq ft
$ 3.50/ sq ft
$ 1.50 each
$ 30 / hour
$ 1.50 / minute
$ 58/ copy
FEElG95-5
EXBJ:BJ:T C
COMPARISON OF FEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
CONSULTANT
LAW/
KLEINFELDER CRANDALL
PSI
CH&A
STAFF PROFESSIONAL 65 80 50 75
PROJECT PROFESSIONAL 90 98 75 90
PROJECT MANAGER 75
SENIOR PROFESSIONAL 90 120 70 125
SENIOR PROJECT MANAGER 90
PRINCIPAL PROFESSIONAL 90 140 85
SENIOR PRINCIPAL 180 210
SENIOR PROGRAM MANAGER 125 130
ADMIN/WORD PROCESSOR 40 55 25 40
TECHNICIAN 42 42 35 42
ASSOCIATE TECHNICIAN 48
SENIOR TECHNICIAN 52 55
SUPERVISORY TECHNICIAN 60 87
VEHICLE 2 WHD -0- 6.25 2.50
VEHICLE 4 WHD -0-
0
MILEAGE 2 WHD 0.40 0.45 0.40
MILEAGE 4 WHD
VEHICLE STD. FIELD EQUIP.
VEHICLE NUC. FIELD EQUIP.
~
10-45
EXH:IB:IT C
COMPAR:ISON OF FEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
TESTED METHOD/PR:IMARY TESTS
TESTED METHOD PR:IMARY TESTS
LAW/
ltLE:INFELDER CRANDALL PS:I CB&A
ASTM C11 7 FINE SIEVE IN AGG.WASH 65 40
C136 SIEVE ANAL F & C AGG. 60 115 40 97
C1856 ABSON RECOVERY METHOD 175 200 370
C39 COMP.STRENGTH
CYL.CONC. 14 14 11 14
COMPAC SOIL MODIFIED
D1557 PROCTOR 105 140 100 130
200
D1559 MARSHALL APPARATUS Set 140 65 130
of 3
D2041 MAX SP .B:mtJNEIDENSITY
70 135 72 70
D2170 KINEMATIC VISCOSITY 105 100 100
D2172 EXTRACTION BITUMEN PAV 90 90 130
D2419 SAND EQUIVALENT 60 75 65
SP.GR. & DENSITY COMPo
D2726 BITUMEN 45 45 105
CALIF. SIEVE ANALYSIS
202 F & C AGG. 60 40 97
216 RELATIVE COM PAC S&AGG. 105 100 130
217 SAND EQUIVALENT 60 75 75 65
226 MOISTURE BY OVEN DRY 10 20 16
301 "R"VALUE SOILS BY STAB 135 135 150 145
304 PREP. BITUMEN MIXTURES 100 90 45 130
lOP. GR. & W COMPo
308 BITUMEN MIX 50 50 55 45
C-~
/0-40
310 CONTENT BITUMEN
HOT SOLVENT 120 300 130
312 DESIGN & TEST
CLASS ACTB 175 175 435
366 STABILOMETER VALUE 90 50 130
367 O.B.C. QOR QOR
IN PLACE DENSITY &
375 R.C. A.C. 42 75
ASPHALT CONTENT
379 BITUMEN 290 325 190
COMPo STRENGTH
521 CONC.CYL 14 25 11 14
540 CONC. COMPo TEST 28/
SPECIMAN 38 50 HR 30
643 LIFE OF METAL CULVERTS 105 170
- ..,
e ~
10-..1/7
EXHIBIT C
COMPARISON OF PEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
TEST METHOD/SECONDARY TESTS
LAW/
TEST METHOD SECONDARY TESTS XLEINPELDER CRANDALL PSI CH&A
ABRASION & IMPACT,
ASTM C131 L.A. MACH. 135 150 100 125
POTENTIAL
C289 REACTIVITY, AGG. 200 50 450
C 40 ORGANIC IMPURITIES 40 40 50 32
C 42 TESTING DRILLED
CORES 25 50 40 30
C 78 FLEXURAL STRENGTH
CONC. 40 40 30 37
C 88 SOUNDNESS OF
AGGREGATES 85 100 125 60
D422 PARTICLE-SIZE
ANALYSIS SOILS 125 40
CALIF 205 PERCENTAGE CRUSHED
PART 100 50 105
211 L.A. RATTLER
(500)
(1000) 135 150 100 125
213 ORGANIC IMPURITIES 50 40 50 32
214 SOUNDNESS OF
AGGREGATES 85 100 125 60
227 CLEANESS OF COARSE
AGGREGATES 75 75 100 59
DURABILITY
229 INDEX 120 110 100 162
311 MOISTURE IN MIXES
XYL REF. 185 170
533 BALL PENETRATION $28/
FRESH P.C.C. 42 HR
fCOMPAAISONIf(( SCHEDUUlTESTUQC;)
~
IO-/Ti'
EXHIBIT C
COMPARISON OF FEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
TESTED METHOD/PRIMARY TESTS
TESTED METHOD PRIMARY TESTS
LAW/
KLEINFELDER CRANDALL PSI CH&A
,
ASTM C1l7 FINE SIEVE IN AGG.WASH 65 40
C136 SIEVE ANAL F & C AGG. 60 115 40 97
C1856 ABSON RECOVERY METHOD 175 200 370
C39 COMP.STRENGTH
CYL.CONC. 14 14 11 14
COMPAC SOIL MODIFIED
D1557 PROCTOR 105 140 100 130
200
D1559 MARSHALL APPARATUS Set 140 65 130
of 3
D2041 MAX SP. GR & DENSITY
BITUMEN 70 135 72 70
D2170 KINEMATIC VISCOSITY 105 100 100
D2172 EXTRACTION BITUMEN PAV 90 90 130
D2419 SAND EQUIVALENT 60 75 65
SP.GR. & DENSITY COMPo
D2726 BITUMEN 45 45 105
CALIF. SIEVE ANALYSIS
202 F & C AGG. 60 40 97
216 RELATIVE COMPAC S&AGG. 105 100 130
217 SAND EQUIVALENT 60 75 75 65
226 MOISTURE BY OVEN DRY 10 20 16
301 "R"VALUE SOILS BY STAB 135 135 150 145
304 PREP. BITUMEN MIXTURES 100 90 45 130
SP. GR. & W COMPo
308 BITUMEN MIX 50 50 55 45
~
/0-7'9
EXHIBIT C
COMPARISON OF FEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
CONSULTANT
LAW/
KLEINFELDER CRANDALL
PSI
CHU
STAFF PROFESSIONAL 65 80 50 75
PROJECT PROFESSIONAL 90 98 75 90
PROJECT MANAGER 75
SENIOR PROFESSIONAL 90 120 70 125
SENIOR PROJECT MANAGER 90
PRINCIPAL PROFESSIONAL 90 140 85
SENIOR PRINCIPAL 180 210
SENIOR PROGRAM MANAGER 125 130
ADMIN/WORD PROCESSOR 40 55 25 40
TECHNICIAN 42 42 35 42
ASSOCIATE TECHNICIAN 48
SENIOR TECHNICIAN 52 55
SUPERVISORY TECHNICIAN 60 87
VEHICLE 2 WHD -0- 6.25 2.50
VEHICLE 4 WHD -0-
MILEAGE 2 WHD 0.40 0.45 0.40
MILEAGE 4 WHD
VEHICLE STD. FIELD EQUIP.
VEHICLE NUC. FIELD EQUIP.
~
10-60
EXHIBIT C
COMPARISON OF FEE SCHEDULE
GEOTECHNICAL & MATERIALS TESTING
SERVICES IN DOLLARS/UNIT
TEST METHOD/SECONDARY TESTS
LAW/
TEST METHOD SECONDARY TESTS KLEINFELDER CRANDALL PSI CH&A
.
ABRASION & IMPACT,
ASTM C131 L.A. MACH. 135 150 100 125
POTENTIAL
C289 REACTIVITY, AGG. 200 50 450
C 40 ORGANIC IMPURITIES 40 40 50 32
C 42 TESTING DRILLED
CORES 25 50 40 30
C 78 FLEXURAL STRENGTH
CONC. 40 40 30 37
C 88 SOUNDNESS OF
AGGREGATES 85 100 125 60
D422 PARTICLE-SIZE
ANALYSIS SOILS 125 40
CALIF 205 PERCENTAGE CRUSHED
PART 100 50 105
211 L.A. RATTLER
(500)
(1000) 135 150 100 125
213 ORGANIC IMPURITIES 50 40 50 32
214 SOUNDNESS OF
AGGREGATES 85 100 125 60
227 CLEANESS OF COARSE
AGGREGATES . 75 75 100 59
DURABILITY
229 INDEX 120 110 100 162
311 MOISTURE IN MIXES
XYL REF. 185 170
533 BALL PENETRATION $28/
FRESH P.C.C. 42 HR
fCOMI'A<<ISONMf SCHEDUlEfffSTUOC)
~
/0-5/
310 CONTENT BITUMEN
HOT SOLVENT 120 300 130
312 DESIGN & TEST
CLASS ACTB 175 175 435
366 STABILOMETER VALUE 90 50 130
367 O.B.C. QOR QOR
IN PLACE DENSITY &
375 R.C. A.C. 42 75
ASPHALT CONTENT
379 BITUMEN 2'1~ 325 190
521 COMPo STRENGTH
CONC.CYL 14 25 11 14
540 CONC. COMPo TEST 28/
SPEClMAN 38 50 HR 30
643 LIFE OF METAL CULVERTS 105 170
~-T
/ ()-5':<
COUNCIL AGENDA STATEMENT
Item
Meeting Date 5/7/96
Resolutionl 0 ~l~proving the Agreement for waiver of City's hearing rights
and making a finding that conditions in an Agreement for Facility
Development on Baldwin Parcel between City of Chula Vista and Otay
Water District have been met to the satisfaction of the City upon adoption of
Water Master Plan by Otay Water District.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY, City M_"jS ~~ (4ISth, Y",,, y" _ Noll)
In 1992 Otay Water District "Otay" purchased a 50 acre site for a concrete covered water reservoir.
At that time, their standard for sizing the amount of covered water storage was I 0 average days
usage. Chula Vista was opposed to 10 days being stored under cover due to the very high cost.
Instead, we wanted as much storage as possible to be open lake storage. The City initiated a lawsuit
over the purchase and it was settled by entering into the subject agreement (Exhibit 2). Since that
time the City and Otay Water District have entered into an Agreement to allow Otay to serve the
Otay Ranch. This 1995 agreement covers many of the issues that are still of concern to City that are
in the 1992 Agreement. The Resolution approves a third Agreement.
1/
ITEM TITLE:
RECOMMENDATION: That Council: 1) approve the Resolution finding that the conditions in
the Agreement for Facilities Development on Baldwin Parcel have been met if the Draft Master Plan
in current circulation is adopted; and 2) waive the necessity for a Public Hearing by the Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Because of the major concern that Chula Vista had about the amount of covered storage required and
its high cost, Chula Vista threatened a lawsuit over environmental issues. The agreement was
written such that Otay would have to:
I. Negotiate for Open Lake Storage
2. Conduct a Risk Analysis to determine why 10 days of covered storage is needed.
3. Conduct economic analysis to determine if 10 days covered storage is more cost effective
than other methods of storage.
4. Prepare an EIR on the Draft Plan.
5. Conduct Public Hearings on Draft Plan!lssues.
Otay has redone their Master Plan, has had community meetings in Chula Vista to discuss it, has
presented it to Chula Vista staff for review and comments, and has scheduled May 15, 1996 as the
date for a public hearing and adoption of the plan. Exhibit I is from the draft Final Master Plan and
(/ -!
Page 2, Item
Meeting Date 5/7/96
illustrates the significant changes between the 1991 Black and Veatch Plan and the 1996
Montgomery Plan. The document states 'The most significant impact results from a change in the
Terminal Storage criteria, which has been reduced from '10 days' to a maximum of '5 Average
Days.'" This is the main reason that Chula Vista objected to the land purchase and to the 1991
Master Plan.
In December of 1995, Council approved an agreement with Otay Water District for the provision
of water service in a portion of the City of Chula Vista (Exhibit 3). Many of the issues addressed
in the 1992 agreement are also covered in the new Agreement. Among other issues, major issues
were adoption of a new master plan that called for 5 days maximum covered storage. There were
20 points in this later agreement. Otay is now completing #5 Master Plan. This agreement will stay
in force until 2015. Otay is also continuing to have negotiations with other water districts and City
of San Diego to acquire open storage, but as of this date no final agreement has been executed. The
City Attorney concurs with staffs recommendation.
Should Otay adopt the Master Plan in the same substantial form as the final Draft, then the City
should find that the conditions of the agreement for Facility Development on Baldwin Parcel
between the City ofChula Vista and Otay Water District have been met. The Resolution also waives
the necessity to conduct economic and risk analysis since the Draft Water Master Plan includes a
maximum of 5 days covered storage.
FISCAL IMP ACT:
The new Master Plan shows significant reductions in facilities for the Otay Water District. Terminal
storage cost alone was reduced from $118,000,000 to $26,000,000 for facilities built by year 2000.
This has a positive impact on cost of new houses in Chula Vista and also provides more bonded
indebtedness abilities of other agencies (ie City and School Districts) to build infrastructure.
Exhibit 1 Comparison between 1991 and 1996 Master Plan
Exhibit 2 Agreement for Facility Development on Baldwin Property
Exhibit 3 Agreement for Provision of Water Service in a Portion ofChula Vista
M:\HOMEIENGINEER\AGENDA \OT A YMP.JPL
11'd-
RESOLUTION NO. )f27~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT FOR WAIVER
OF CITY'S HEARING RIGHTS AND MAKING A FINDING
THAT CONDITIONS IN AN AGREEMENT FOR FACILITY
DEVELOPMENT ON BALDWIN PARCEL BETWEEN THE CITY
OF CHULA VISTA AND OTAY WATER DISTRICT HAVE
BEEN MET TO THE SATISFACTION OF THE CITY UPON
ADOPTION OF WATER MASTER PLAN BY OTAY WATER
DISTRICT
WHEREAS, in 1992 Otay Water District "Otay" purchased a
50 acre site for a concrete covered water reservoir which, at that
time, their standard for sizing the amount of covered water storage
was 10 average days usage; and
WHEREAS, Chula vista was opposed to 10 days being stored
under cover due to the very high cost and instead, we wanted as
much storage as possible to be open lake storage; and
WHEREAS, the city initiated a lawsuit over the
and it was settled by entering into the subject agreement
2); and
purchase
(Exhibit
WHEREAS, since that time the City and Otay Water District
have entered into an Agreement to allow Otay to serve the Otay
Ranch which new agreement covers many of the issues that are still
of concern to city that are in the 1992 Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does approve the Agreement for Waiver of City's
Hearing Rights and make a finding that conditions in an Agreement
for Facility Development on Baldwin Parcel between the City of
Chula vista and Otay Water District have been met to the
satisfaction of the city upon adoption of Water Master Plan by Otay
Water District.
Presented by
Approved as to
IL ;it.
John P. Lippitt, Director of
Public Works
Bruce M. Boogaar , City
Attorney
C:\rs\Otay..p
/1 ~3 /i-;/
!
AGREEMENT BETWEEN THE OTAY WATER DISTRICT AND
THE CITY OF CHULA VISTA FOR WAIVER OF CITY'S
HEARING RIGHTS ON WATER PLAN
THIS AGREEMENT, dated this day of . 1996,
for the purposes of reference only, and effective as of the date
last executed by the parties, is between THE OTAY MUNICIPAL WATER
DISTRICT, a municipal water district formed under the authority of
Water Code S71000 et seq., being a municipal corporation of the
State of California ("Otay") and THE CITY OF CHULA VISTA, a
Chartered municipal corporation of the State of California
("city"), and is made with reference to the following facts:
R E C I TAL S
WHEREAS, the parties hereto have entered into an Agreement
dated November 3, 1992 for the purposes of reference and entitled
"Agreement for Facility Development on Baldwin Parcel between the
City of Chula vista and Otay Water District" ("Original Agreement")
which was entered into to address various concerns the city had
with regard to the construction of covered storage; and,
WHEREAS, pursuant to said Original Agreement, Otay was to
conduct risk analysis and economic analysis as well as environ-
mental analysis of a Master Water Plan; and,
WHEREAS, since entering into said Agreement, Otay has prepared
a draft Master Water Plan which does not require more than five (5)
days covered storage; and,
WHEREAS,
concerns over
ten (10) days
at the time of the Original Agreement, City had
the Master Water Plan, inasmuch as Otay had proposed
of covered storage; and,
WHEREAS, for so long as the Master Water Plan is approved in
its proposed draft form, the City's concerns have been adequately
addressed and that the economic and risk analysis in the public
hearing of the City otherwise would require for the draft Master
Water Plan is no longer deemed necessary;
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. For so long as Otay adopts a Master Water Plan
substantially in the form as has heretofore been proposed, copies
of which are on file in the office of the General Manager of Otay
dated April, 1995, and in particular in a form that shows no
greater covered storage requirements than five (5) days covered
storage, the city waives any requirements in the original Agreement
by which Otay is obligated to conduct and evaluate a risk analysis
or an economic analysis or to conduct to any public hearings
pursuant to said Original Agreement. On the same terms and
conditions, City further waives any further rights to review the
draft plan or to conduct any city hearings.
1/-<;;
2. city is further relieved of any duties it has to further
review the draft plan or to issue a city response to said plan.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date shown below.
DATE:
OTAY WATER DISTRICT
By
Title
DATE:
CITY OF CHULA VISTA
By
Title
M:\hole\attorney\olwd
1/-10
)
[ft!i bi+
Summary
(
Estimated costs for the Central and Otay Mesa reclamation supply facilities are summarized
in Table 1-6. Detailed costs are presented in Chapter 11.
TABLE 1-6
RECLAIMED SUPPLY SYSTEM
COST SUMMARY
($I,ooo's)
Phase 1 Phase 2 Phase 3
Pump Stations $ 1,540 $2,004 $ -
Transmission Mains 8,469 12,720 3,815
Reservoirs 960 2,312 --
TOTAL $10,%9 $17,036 $3,815
COMPARISON TO 1991 MASTER PLAN (BLACK & VEATCH)
(
This current master planning effort for the OWD has resulted in significant reductions in
facility requirements. This results from both a reduction in projected water demand, and a
change in planning criteria. The most significant impact results from a change in the
Terminal Storage criteria, which has been reduced from "10 days" to a maximum of
"5 Average Days."
Table 1-7 summarizes the differences between the current master plan and the previous
document prepared for the OWD (1991, Water Resources Master Plan for Otay Water
District, Black & Veatch). Ultimate water demands are now projected to be 75 percent of
that previously anticipated (76.31 mgd Average Day vs. 57.66 mgd Average Day).
The most significant reduction is in the construction of storage. By virtue of the reduced
ultimate water demand and the reduced storage criteria, the total storage needs drop from
763 million gallons to 345 million gallons.
The Black & Veatch report did not estimate facility costs beyond the year 2000, so a
comparison of costs through the year 2000 is shown in Table 1-7. Projected water capital
expenditures for this period in this 1995 master plan are $87,105,000 compared to the 1991
master plan of $225,605,000.
1-8
)//7
Summary
I
\
TABLE 1-7
COMPARISON OF RESULTS
1991 1995
Master PIaD Master PIaD
1. Population
Year 2000 150,800 155,115
Year Ultimate 252,600 267,792
2. Water Demands
Year 2000 Average 39.62 mgd 27.14 mgd
Annual 44,250 AF/yr 30,300 AF/yr
Year 2000 Maximum Day 92.0 mgd 59.9 mgd
Year Ultimate Average 76.31 mgd 57.66 mgd
Annual 25,230 AF/yr 64,400 AF/yr
Year Ultimate Max. Day 175.4 mgd 119.6 mgd
3. Water Storage Capacity Required (1) (2)
Year 2000
North 207 mgd 77 mgd
South !2Q mgd 97 mgd
Total 397 mgd 174 mgd
Year Ultimate
North 264 mgd 158 mgd
South 499 mgd 190 mgd
Total 763 mgd 348 mgd
4. C.I.P. Estimated Costs
(Water System)
By Year 2000:
Terminal Storage $118,000,000 $ 26,141,OOd"
Operating Storage 49,800,000 16,097.000
Pump Station 13,998,000 11,621,000
Trans.jDislrib. Pipelines 43.807 .000 33.246.000
Total $225,605,000 $ 87,105,000
By Ultimate Year:
Total $538,223,000 $365,004,000
S. Reclaimed System
Demand - Ultimate
North Area 2.6 mgd .0-
South Area 10.3 mgd 3.4 mgd
(1) Terminal Storage component only.
(2) Total Storage: Operation, Fire and Terminal.
(
1/ -0'
1-9
[)<hi bii- 2
AGREEMENT FOR FACILITY DEVELOPMENT ON BALDWIN PARCEL
BETWEEN THE CITY OF CHULA VISTA
AND OTAY WATER DISTRICT
This Agreement, dated November 3, 1992 for the purposes of reference, and effective
as of the date last executed by the parties, is between the Otay Municipal Water District, a
municipal water district formed under the authority of Water Code Section 71000, et seq, being
a municipal corporation of the State of California ("Otay") and the City of Chula Vista, a
chartered municipal corporation of the State of California ("City"), and is made with reference
to the following facts:
I.
Recitals
A, WHEREAS, Otay has acquired a 49.21 acre parcel of land from Baldwin Company
located in the approximate area shown on the attached Exhibit A ("Baldwin Parcel") for the
purpose of constructing thereon a 90 1111111(1n gall(1n covered cement water tank to be uscd by
Otay for the terminal storage of water ("BaldwlJ1 Project"); and,
B. WHEREAS, City has expressed concerns ("City Concerns") as a result of Otay's
purchase of, and plans for, the Baldwin Parcel, some of which are as follows:
I. Why is covered terminal storage necessary in light of its cost to water
customers and impact on the ability of the City to finance other
infrastructure needs'?
a.
What risks are covered terminal storage designed to protect
against?
b.
What is the likelihood of Ihe fISk materializing?
c.
What is the magnitude of the risk if it matnializesJ
d.
What is the cost nf protecting against the risks that the covered
terminal storage is designed to addrcss?
e,
To what extent does lake terminal storage alternatives reduce those
risks?
f.
Are lake terminal storage alternatives available?
g.
What are thc costs of lake terminal storage?
owd5,wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 1
)/- 9
(', "\ 2 . I'~' I
'"1IIr,..."......~
h. What alternatives other than covered and terminal storage exist to
mitigate the risks that covered terminal storage is designed to
address. such as. but not limited to. looping between other
agencies and intra-Otay pressure zones?
1. Is the extra cost of covered terminal storage worth the additional
benefit in terms of risk mitigation?
2. If some covered terminal storage is necessary, giving consideration to the
costs and benefits of covered storage as opposed to lake storage, what is
the proper balance of between covered and lake storage that is necessary?
a. What is the covered v. lake storage ratios used by other CWA member
agency water providers?
b. What is the effect of terminal storage proposals on the ability to
finance other public improvements required by the City?
c. What are the costs and benefits of the various terminal storage
alternatives including the ratio of covered to uncovered storage?
d. What is the full cost of the terminal storage alternatives on the
consumer, and if the effect is different on different sectors of the
consumer population, what is the effect on each?
3. Are reasonable efforts being made to pursue less expensive terminal
storage alternatives such as lake storage?
a. Have all reasonable efforts been made to negotiate for lake storage
with the City of San Diego in Otay Reservoir and Sweetwater Authority?
4. What are the environmental impacts of the Master Plan?
a. Are there significant and unmitigable impacts creatcd by
implementing the Plan?
b. Are there less environmentally intrusive alternatives that satisfy the
objectives of Otay, and if so are they feasible to implement?
c. Are there legitimate reasons for incurring such impacts?
s.
Is the Baldwin Project consistent with the finaJIy approved Master Plan
owd5 . wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 2
J I J /0
.
(" Approved Plan ")
f) 'A'h:ef ~!(~ the en,,']r()i;'Y](:r:,i;.--] jmpact~' ()fj:rp~r:",,"\r;ntjng ~he E=?_1~',},'i;, Prc':e,-:t?
;', ':;,.,-:. ;.', ,,/, :.;:r:t; __>~';; '.:::,?::'.'~ ~~.:::::::. :.~~~;=: ~,:.
Implementing tne Baldwin ProJectc,
b. Are tnere legitimate reasons for incurring such impacts?
; and,
Whereas, Otay has prepared a draft Master Water Plan ("Draft Plan"), portions of which
deal with the location of water faci1ities to serve the Central District, and have provided a copy
of said Draft Plan to the City.
WHEREAS, City contends that Otay should have performed a full environmental impact
report and should have consulted with the City for the purpose of determining that the
acquisition of the Baldwin Parcel is consistent with the City's General Plan ("City's Conten-
tions"); and,
WHEREAS, the City is willing to forego litigation on City's Contentions on the terms
and conditions herein provided;
II. Obligatory Provisions
NOW, THEREFORE, the parties do hereby agree as follows:
A. District Master Plan
Otay agrees, prior to commencing any design or construction, including grading,
on the Baldwin Parcel, and prior to otherwise investing further funds in the Baldwin Project, that
it will amend the Draft Plan to address therein City's Concerns and in conjunction therewith,
will specifically do the following in a professional and competent manner:
I. Negotiation for Open Lake Storage Space. Otay shall diligently proceed with
its negotiations with the City of San Diego and the Sweetwater Authority
regarding open terminal storage in Otay Lake and/or Sweetwater Reservoir, and
use its best faith efforts to bring them to conclusion so that a final arrangement
can be considered as a feasib1e alternative in the Draft Plan and the environmental
review of the Draft Plan. City agrees that, at the request of Otay, it will
participate, to the extent it may feasibly do so without substantia] cost, in those
negotiations. Otay agrees to solicit City's participation prior to Otay declaring
owd5. wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 3
//-/1
"
J.
an impasse, or Otay concurring in the decJaration of an impasse by either the City
of San Diego or Sweetwater Authority.
2. Risk Analysis. Conduct a risk analysis ("Risk Analysis") that reaches
reasonably based concJusions regarding the City's Concerns contained in Sections
- 1. B.l and 2, above, articulate those conclusions in writing, and the reasons for
reaching them, in the Draft Plan.
-
3. Economic Analysis. Conduct a cost/benefit and such other economic analysis
("Economic Analysis") that reaches reasonably based conclusions regarding the
City's Concerns contained in Sections LB. 1 and 2 related to costs and benefits,
above, articulate those concJusions in writing, and the reasons for reaching them,
in the Draft Plan.
@prepare EIR on Draft Plan. Prepare an environmental impact report ("EIR")
in the manner required by CEQA, and its guidelines, and otherwise comply with
the requirements of CEQA and its guidelines, on the Draft Plan prior to
approving same.
5. Conduct Public Hearings on Draft Plan/Issues. Conduct one or more public
hearings at which the Board deliberates on the following issues ("Issues"):
a. whether to approve the Risk Analysis,
b. whether to approve the Economic Analysis,
c. whether to certify the EIR,
d. whether it can make the findings required by CEQA and its
guidelines necessary to implement the Approved Project,
e. whether it should adopt the Draft Plan as the Approved Plan.
Otay shall give the City notice of said hearing or hearings and the opportunity to
prepare therefore and present comments with regard thereto. At the conclusion
of said hearing or hearings, Otay will indicate its tentative decisions on the
Issues, and transmit its tentative decisions to the City.
6. City's Duty to Review Draft Plan. City's Review of Tentatively Approved
Draft Plan, including its General Plan Duties under Government Code Section
65402 (e).
owd5 . wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 4
11,,1:2-
.
..
a. City's Duty to Conduct Hearings. Upon receipt of Otay's tentative
decisions on the Issues, City will consider them at one or more public
hearings ("City Hearings") scheduled within 50 days ("City Review
Period") of receipt of Otay's official transmittal, notice of which, and an
opportunity to attend and be heard, shaJl be given to Otay.
b. City's Duty to Issue City Response. At said City Hearings, City shaJl
review and consider the following matters ("Matters"):
(1) the Risk Analysis,
(2) the Economic Analysis,
(3) the EIR on the Draft Plan
(4) the findings required by CEQA and its guidelines necessary
to implement the Approved Project,
(5) the Draft Plan
(6) Otay's tentative decisions on the approval of each (Le., on
the Issues).
(7) whether the Draft Plan is consistent with tile City's Gencral
Plan
- and shall comment on, or otherwise express its approval, objection,
concerns or determinations with respect to the Matters. Such comments,
approvals, objections, concerns or consistency determination shall be
referred to herein as "City's Response". City shall. not later than the end
ot' the Cay Review Period, transma same to Otay, and if the City's
Response contains any objections to the Matters, City shan tender a
schedule of at least three dates in the subsequent 30 days during which it
win be available to meet and confer with Otay regarding said Objections,
7. Otay's Duty's if City Obiection Expressed. Upon receipt of City's Response,
Otay shall schedule one or more public hearings to review and consider City's
Response, and whether to modify its tentative decisions on the Issues 10 address
saId City's Response, and whether to give final approval to the Issues which were
the subject matter of their tentative decisions.
a, If the City's Response, properly submitted, contains an objection to
any of the Matters, including but not limited to the location of a water
storage facility as located in the tentatively approved Draft Plan, Otay
shall:
(1) offer to conduct a joint public hearing with the City to be held
within 30 days aiter transmittal of City's Responses to discuss the
owd5, wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 5
I {J /3
,
objection or objections of the City; and,
(2) shall modify the Draft Plan to address the City's objections
unless it makes an overriding finding supported by substantial
evidence that such a modification would be infeasible.
8. Baldwin Proiect EIR. Prior to a deliberating on whether the Baldwin Project
is consistent with the Approved Plan, and prior to approval of the Baldwin
Project, or a variation thereof, Otay will prepare an environmental impact report
in the manner required by CEQA. and its guidelines, and otherwise comply with
the requirements of CEQA and its guideJines, with regard to the Baldwin Project.
a. In connection with its environmental review of the Baldwin Project,
District will identify City as a Responsible Agency, and will provide City
the opportunity for input on the EIR at the following critical stages'
0) The scope of the EIR;
(ii) The description of alternatives;
(iii)The draft ElR;
0'1) Comments received on the draft EIR;
(v) Responses to comments received on the draft EIR; and
(vi) The final EIR.
b. Otay will provide City with a 40-day CEQA comment period on the
Baldwin Project.
c. If City has an objection to the Baldwin Project, it will. with the 40 day
comment period. transmit said objections to Otay along with a scheclule
of at least three dates in the subsequent 45 clays during WhICh it will be
available to meet and confer with Otay regarding said Objections.
9. Otay's Duty to Make Consistency Finding. If thereafter Otay has approvecl
an Approved Plan, it will conduct a public hearing. notice of which has been
given to the City, to delilJerate on whether the Baldwin Project is consistent with
the Approved Plan and whether to implement the Baldwin Project.
a. Upon receipt of one or more City objection to the Baldwin Project,
Otay shall offer to meet with the City at one or more joint public hearings
to review and consider City's objection(s) and whether to modify the
Baldwin Project to address said City's objection, and whether to give final
approval to the Baldwin Project.
owd5 . wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 6
II~/'f
,/
,
,
b. If the City properly submits an objection, including but not limited to
the location, or design of water storage facility as located in the tentatively
approved Draft Plan. Otay shall, after the joint public hearing, modify the
Draft Plan to address the Citis objections unless it makes an overriding
finding supported by substantial evidence that such a modification would
be infeasible.
c. If Otay determines that the Baldwin Project is consistent with the
Approved Plan, Otay shall articulate its reasons in writing for the
conclusions reached, and transmit them to City.
B. Dispute Resolution. Otay and City agree that if any issues arise out of the
implementation of this Agreement that they wil1 attempt to resolve the issues, where practicable,
prior to resorting to litigation. Prior to overriding an objection by the City to the location, cost
or type of storage, Otay shall provide the City with a 30 day period in which to conduct a joint
meeting of the City Council and Board of Directors to attempt to resolve differences. If the
parties are unable to reach agreement, they shal1 consider binding arbitration as an alternative
to litigation. If arbitration is chosen, City and Otay agree that the arbitrator shal1 be a person
knowledgeable in both general planning principals and the provision of water services.
Given the short statutes of limitations governing challenges to government agency actions
on CEQA and land use approvals, City and Otay recognize that legal action may be required
where the other party is unwilling to waive the statute of limitations. Extensions of the statute
of limitations to initiate litigation should be given to allow the opportunity to meet and confer
set forth above.
C. Covenant Not to Sue. ]n reliance on the covenants and representations contained
in this agreement, City agrees not to institute any suit, special proceeding, or action against Otay
for the failure by Otay, to the effective date of this agreement, to have conducted an
environmental review of the Baldwin Project, or to have submitted the Baldwin Project to the
City for a determination of its consistency with the City's general plan.
3. Entire A~reement. This agreement represents the entire agreement between the
parties and supersedes and replaces any prior discussions and prior drafts of the agreement.
4. Applicable Law. This agreement shall be interpreted and enforced according to
the laws of the State of California.
5. Warranty of Authority, Each of the undersigned represents and warrants that he
or she has ful1 authority to execute this settlement agreement on behalf of the party indicated and
that execution of this agreement has been approved by his or her Board of Directors or
legislative body.
owd5 . wp
November 9, 1992
Agreement re Baldwin Tank Parcel
Page 7
II/I~
'.'
y'
Signature Page
to
AGREEMENT FOR FACILITY DEVELOPMENT ON BALDWIN PARCEL
BETWEEN THE CITY OF CHULA VISTA
AND OT A Y WATER DISTRICT
NOW, THEREFORE, the parties hereto having read and understood the terms and
conditions of this agreement do herehy express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
CITY OF CHULA VISTA
Dated:
tI/d/7J.
---u
r '
- "
By ~ .f% J/
Tim Nader, Mayor
ATTEST:
~O~
Beverly uthelet
City Cl k
OTAY WATER DISTRICT
Dated:
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November 9, 1992
Agreement re Baldwin Tank Parcel
Page 8
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RESOLUTION NO. 18148
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND OTAY WATER DISTRICT FOR THE
PROVISION OF WATER SERVICE IN A PORTION OF THE CITY
OF CHULA VISTA
WHEREAS, in order to achieve both the city's and the water district's objectives. a
proposed 20-year agreement has been negotiated that sets forth the relationship between the
City and the Otay Water District during the term of the agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an agreement between the City of Chula Vista and Otay Water District for the
provision of water service in a portion of the City of Chula Vista, a copy of which is on file
in the office of the city clerk as Document No. C095-255.
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
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~~~ D. Goss
:~y Manager
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Resolution 1 8148
Page 2
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California. this 5th day of December. 1995. by the following vote:
AYES: Councilmembers: Alevy. Moot. Padilla. Rindone. Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~h'f.f.hfA .
. hirley Horton. Mayor
ATTEST:
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Beverly A. ~uthelet. City Clerk
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO I 55.
CITY OF CHULA VISTA I
I. Beverly A. Authelet. City Clerk of the City of ChulaVista. California. do hereby certify thdt
the foregoing Resolution No.1 8148 was duly passed. approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 5th day of December.
1995.
Executed this 5th day of December. 1995.
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AGREEMENT BE'IWEEN THE CITY OF
CHULA VISTA AND THE OTA Y WATER
DISTRICT FOR THE PROVISION OF
WATER SERVICE IN A PORTION OF THE CITY OF CHULA VISTA
This agreement entered into by and between the City of ChuIa Vista ("City"),
a charter city, and Otay Warer District ("Otay") a public entity established under the
Municipal Warer District Law of 1911 sets forth certain terms and conditions under which
the Otay W~ District shall be the provider of retail warer services within a portion of the
City of ChuIa Vista.
RECITALS
A. Otay is an independently governed public agency which is responsible
by law and this agreement to provide warer service as needed to inhabitants within its
boundaries in a cost-effective and reliable manner. Otay recognizes, through this agreement
that City seeks to coordinate the provision of governmental services to its inhabitants.
B. City and Otay desire a cooperative relationship so that their respective
planning efforts will not conflict within the City's planning area.
C. Otay desires to have a stable planning environment so that its efforts to
provide water service to its customers through regional facilities can go forward.
D. City and Otay agree that a long-term agreement is desirable to fix the
responsibilities of City and Otay with respect to the provision of warer services to current
and future areas of City which will be served by Otay.
In consideration of which, the parties do hereby agree as follows:
1. Recitals. The recitals listed above are correct and are incorporated
herein by reference.
2. Water Provider. City agrees that Otay will be the water supplier for
the purpose of furnishing the City or its inhabitants with retail water service for those parts
of the City which are within Otay's jurisdiction, and for such future areas currently outside
Otay's jurisdiction which are annexed to the City along its eastern boundaries, except areas
within Sweetw~ Authority's jurisdiction. Otay shall be responsible by law and this
agreement to provide water service as needed to the inhabitants of such territories in a cost-
effective and reliable manner.
3. Term: Termination. The term of this agreement shall be 20 years from
the date of signature by the City. This agreement may be rerminated earlier only as provided
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pursuant to paragraphs 5 or 14, hereof. Upon termination or expiration of this agreement,
Otay shall then have the right to continue to serve water under the powers of a municipal
water district, and City shall then have the right to adopt any law or ordinance within its
authority .
4. Water Rates. Otay agrees that the water mtes it char&es within the
City shall be fair and reasonable, and shall not discriminate against customers within City, as
compared to customers outside the City's jurisdiction.
S. Master Plan. Otayagrees that it shall adopt, within 2 years of the
effective date of this agreement, a final Master Plan for the provision of water facilities
within the City which is substantially simi1ar to the Montgomery Watson draft Master Plan,
dated April199S, entitled, "Otay Water District Water Resources Master Plan" hereinafter
the "draft Master Plan." City believes that the draft Master Plan represents a prudent and
good faith effort to plan for the future water facility needs of City's inhabitants.
The final Master Plan shall be considered to be substantially simi1ar to the
draft Master Plan so long as it provides for: (1) the acquisition or development of not less
than S Average Days of open storage capacity and not more than S Average Days of total
filtered water storage, including terminal storage, emergency storage, operational storage,
and fire storage; (2) a total, reasonably estimated cost, based on a LA-ENR index of 6500,
for the Central Area of Otay (as described in the draft Master Plan and including the western
parcel of the Otay Ranch Development) which shall not exceed $SS,S66,OOO for future
filtered water storage, and $6,132,000 for pump stations to serve the Central Area, exclusive
of any financing expenses, all as described in the draft Master Plan; and (3) the development
of water supplies from neighboring public water suppliers, such as the City of San Diego
("San Diego"), Helix Water District and Sweetwater Authority. For the purposes of this
agreement, an "Average Day" of storage shall be as defined in the draft Master Plan, using
the water generation factors, peaking factors and assumptions regarding emergency water
conservation and alternative supply developments found therein.
In the event Otay does not, within 2 years, approve such a final Master Plan,
notwithstanding any other provision of this agreement, the City shall have the right,
following a public hearing held upon 30 days notice to Otay, at which protests may be heard,
to terminate this agreement; provided that the 2-year period shall be tolled during the
pendency of any suit brought against Otay challenging its adoption of a final Master Plan.
Any public hearing notice to be given by City to Otay under this paragraph shall be given
within 90 days of the date City receives notice from Otay that: (1) Otay has approved the
final Master Plan; and (2) any suit brought against Otay challenging its adoption of a final
Master Plan has been finally resolved, whichever is later.
After adoption of a final Master Plan, Otay shall use its best efforts to
implement such plan. Any subsequently-enacted or amended Master Plan shall be submitted
to the City for review and comment. Otay will provide specific, detailed responses to all
comments made by the City.
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6. I.and Use Policy. Otay recognizes that City is the authority for setting
land use policy within its planning area. Olay agrees that it will not set or use water rates,
water pennitting authority, or other aspects of water policy for the primary purpose of
regulating land use within the City, except as required by State law as to matters of statewide
concern.
7. Cooperation and Planmmz. Prior to adopting its annual Capital
Improvement Program (.CIP.) Otay will contact and meet with City Staff. City Staff will
provide Olay with City's latest growth projections so that this information can be
incorporated into Olay's CIP. Otay will reasonably plan and construct those water facilities
necessary to meet anticipated demand in City. Otay will apply its best efforts consistent with
San Diego County Water Authority policy to assure adequate water supply to meet City's
demands.
8. Storal!e. Otay agrees to apply its best efforts to pursue cost effective
storage and, in particular, to seek open storage in Otay Lake or simi1ar open reservoir
storage through an agreement with the City of San Diego, or other public water supplier or
suppliers which is designed to implement the draft Master Plan provisions regarding cost-
effective storage for the City and its inhabitants, and to avoid any need for the development
of more than 5 Average Days of filtered storage. Olay agrees that filtered storage is an
undesirably costly method of providing water storage for more than 5 Average Days; while
up to 3 Average Days of filtered water storage is a reasonable method of providing such
storage for the Central Area. In the event Olay fails to diligently pursue such an agreement,
City shall have the right to terminate this agreement pursuant to paragraph 14.
9. Joint Use. Olay generally agrees with the joint use of facilities. Otay
agrees to meet and confer with City regarding any joint use proposals proposed by the City
on reservoir sites.
10. Public Debt. Otay agrees that it will not place debt on private property
for the construction of water facilities through an assessment and! or improvement district in
excess of $.10 for every $100 in assessed valuation within City.
11. Sewer Billine. Otay agrees to continue to provide the existing sewer
billing service to the City that it has historically provided on the same terms and conditions
with reasonable increases allowed so that Otay can recover its costs.
12. Reclaimed Water. Otay will buy from City, or City's designee, as
much reclaimed water as the Otay Ranch area needs and is avai1able from any City water
reclamation facility or raw or reclaimed water obtained by City from San Diego. After
considering incentives or rebates from others which are paid to Otay or City, and the cost of
distribution paid by Otay, the cost of purchasing such water from City or City's designee
shall not cause the price of reclaimed water to either the City's inhabitants or Otay's
customers to increase over the price that would have been charged had Otay supplied to those
inhabitants or customers, raw water purchased from and delivered to Otay by the San Diego
0YMIACJN'N2177 .5
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County Water Authority. Since this paragraph is premised upon the current pricing structure
in which raw water is a substitute for reclaimed water in this county, in the event the price
of reclaimed water produced by San Diego and available to City is not based upon the San
Diego County Water Authority's price of raw water, City shall have the right to demand
renegotiation of the provisions of this paragraph regarding the price to be paid by Otay for
City's reclaimed or raw water supplies.
13. Water Facility Installations and Alterations. As to Otay's operations
within the boundaries of City, Otay agrees to coordinate the actual installation and alteration
of its facilities within City to the extent required by law. In addition, upon demand Otay
will:
(a) repair or pay to City the reasonable cost of repairs to City property resulting from
operations of Otay within City;
(b) remove and relocate without expense to City, any of Otay's facilities within City,
if and when made necessary by any lawful change of grade, alignment or widening of any
public street, way, alley, or place, including the construction of any subway or viaduct,
unless Otay's facility is located within an easement granted to Otay prior in time to City's
,rights in such property. In such instances,. as to any of Otay's facilities to be constructed
within an easement with such prior rights, Otay shall meet with City and use its best efforts
to seek agreement regarding the location and design of the facilities which will minimize the
likelihood and cost of their future relocation or removal. It is the intent of the parties that
Otay's facilities be located within existing or planned public rights of way whenever feasible;
that the acquisition of easements for Otay's facilities occur only when strictly n"C"...."Y; and
that future private developments not be relieved from utility relocation costs under this
paragraph. Therefore, it is further agreed that: (1) Otay shall use its best efforts to locate its
facilities within existing or planned City rights of way or other public places, rather than
within any easement; and (2) City shall use its best efforts to condition future privateidevelopments which necessitate the relocation or removal of Otay's facilities to bear the costs
of such relocation or removal.
(c) indemnify and hold City harmless from liability for damages resulting from Otay's
operations.
14. Disnute Resolution.
(a) In the event of any dispute or controversy between the parties hereto regarding
the provision of water service within City's current or potential future boundaries, the parties
shall make a good faith effort to resolve such controversy or dispute in the first instance
through mediation. The subjects of such mediation may include any matter addressed in this
agreement, or any other matter pertaining to the provision of water service, including, but
not limited to implementation of state laws requiring direct access, aggregation of accounts or
wheeling of water for the benefit of City inhabitants. Upon written demand by either party,
a mutually agreeable mediator will be selected to assist the parties in resolving as much of
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the dispute or controversy as possible. The costs of mediation shall be divided equally.
Notwithstanding any other provision of this agreement, this subparagraph (a) shall not affect,
nor shall it be considered in the construction or interpretation of, the scope of paragzaphs 16
and 17 of this agreement.
(b) Whenever a dispute arises as to the way Otay carries out its obligations under this
agreement, as to which mediation has been unsuccessful, the City shall have the right to
submit the dispute to arbitration. The arbitrators shall determine whether Otay acted
reasonably in carrying out its responsibilities. If the arbitrators finds that Otay has not acted
reasonably, the arbitrators shall have the authority to make such an order as is nee....!..')' to
require Otay to come into compliance with the agreement. If Otay fails to do so, the City
shall have the right to terminate this agreement. If the arbitrators find that Otay has acted
reasonably, the agreement shall remain in full force and effect.
Arbitration shall be instituted by the City notifying Otay of its choice of
arbitrator. Within 15 days, Otay shall notify the City of its choice of arbitrator and the two
arbitrators shall thereafter pick a third arbitrator. Any decision in arbitration must be
supported by a minimum of two votes.
15. Notices. All notices shall be in writing and shall be deemed to have
been duly delivered upon personal delivery or as of the third business day after mailing by
United States Mail, certified and registered, return receipt requested, postage prepaid,
addressed as follows:
If to Otay:
City of ChuIa Vista
Attn: City Manager
276 Fourth Avenue
ChuIa Vista, CA 91910
Otay Water District
Attn: General Manager
2554 Sweetwater Springs Boulevard
Spring Valley, CA 91977
If to City:
16. Entire Mreement. This agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter hereof and all prior and
contemporaneous agreements, representations and understandings of the parties hereto, oral
or written, are hereby superseded and merged herein. No supplement, modification or
amendment of this agreement shall be binding unless in writing and executed by the parties
hereto.
17. Attorneys' Fees. .In the event any action shall be instituted in
coMection with this agreement, the party prevailing in such action shall be entitled to
recover from the other party all of its costs of action, including reasonable attorneys' fees as
fixed by the arbitrator.
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18. Severability. In the event that any phrase, clause, sentence, paragraph,
section, article or other portion of this agreement shall become illegal, null or void as against
public policy, the remaining portions of this agreement SI'1a1l not be affected thereby,
provided that the purpose and intent of the agreement can be reasonably carried out without
the unenforceable or ineffectual portion.
19. Actions by LAFCO. Otay supports the sphere of influence amendment
for the City of ChuIa Vista which is currently pending before LAFCO with respect to all
items as to which there is no dispute between the County and the City of ChuIa Vista,
including, but not limited to the designation of Otay as the preferred water provider to the
western parcel of Otay Ranch. Otay shall withdraw any opposition to pending proposals for,
and shall not oppose future plans for, annexation of territory within the current or future
boundaries of Otay to the City, including, but not limited to, the annexation of all or any
portion of the western parcel of the Otay Ranch.
20. Utility User Fee. City may impose a utility user fee in such amount as
City determines appropriate. Any such fee may, at Otay's option, be reflected and identified
on the water bills of customers as a separate line item.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date shown below.
WAY WATER DISTRICT
Date
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CITY OF CHULA VISTA
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Title
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COUNCIL AGENDA STATEMENT
Item Ie?.
Meeting Date 5/7/96
ITEM TITLE: \\. Resolution \~ ~-T\ Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 95-04, Eastlake Greens, Unit
22, and authorizing Mayor to Execute Same.
B. Resolution \ '\~ 1.'6 Approving Supplemental Subdivision
Improvement Agreement for Eastlake Greens, Unit 22 Requiring Developer
to Comply with Certain Unfulfilled Conditions of Resolutions No. 15200 and
18175 and Authorizing the Mayo~O Execute Same.
SUBMITTED BY: Director of PUbli: Work~ :tf
REVIEWED BY: City Manage~ ~ ~\ (4/5ths Vote: Yes_Noll)
On January 23,1996, by Resolution 18175, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract 95-04, Eastlake Greens, Unit 22. On July 18,1989, by Resolution
15200, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3,
Eastlake Greens. Both resolutions contain conditions of approval applicable to Eastlake Greens
Unit 22. The final map for Eastlake Greens, Unit 22 is now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions approving the final map, subdivision
improvement agreement and the supplemental subdivision improvement agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located west of Hunte Parkway and south of North Greensview Drive
at the intersection of said streets. It consists of 135 detached condominium units within 9 lots
and one lettered lot for open space.
The final map for Eastlake Greens, Unit 22 of Chula Vista Tract 95-04, has been reviewed by
the Public Works Department and found to be in substantial conformance with the approved
tentative map. Approval of the final map constitutes acceptance by Council, on behalf of the
City, of sidewalk easements for two pedestrian ramps along North Greensview Drive at the
subdivision entrance, a general utility easement over open space Lot A adjacent to North
Greensview Drive and Hunte Parkway for future dry utility installation; and rejection of open
space Lot A, all as shown on the final map.
At this time, the City is rejecting the dedication of Lot A for open space and other utility purposes.
However, under Section 66477.2 of the Subdivision Map Act these offers of dedication remain
open and subject to future acceptance by the City. This open space lot will be maintained by
the Eastlake master Homeowners' Association (HOA) unless the City determines that the level
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Page 2, Item_
Meeting Date 5/7/96
of maintenance does not meet City standards. In that event, Council may, by resolution, accept
the offer of dedication on behalf of the City and maintain the lot through an open space district.
This has become a standard procedure for development within Eastlake Greens.
The tentative map for this subdivision was approved with the understanding that the streets and
utilities within the subdivision boundary were to be private. The final map and approved
improvement plans also reflect private streets and utilities, therefore there are no public utility
easements granted on this map.
Eastlake has recently reached agreement with the City to clarify the type and timing of park
facilities to be provided to satisfy the Eastlake Greens parkland and improvements requirements
per Conditions 38 & 39 of Resolution 15200 and Condition No. 32 of Resolution 18175.
Previous supplemental subdivision improvement agreements (SSIA's) for units in Eastlake South
Greens obligate Eastlake to participate with regard to this unit in whatever solution the City
implements to resolve the issue regarding required park facilities. Because there are certain
performance requirements at specified future dates, the SSIA for Eastlake Greens Unit 22
contains a provision in which Eastlake agrees that approval of the final map does not constitute
a waiver by the City for any of Eastlake's park facility obligations.
Conditions No. 31 and 41 required the developer to obtain an access easement from the
subdivision to the otfsite golf course overlook for the benefit of future owners of this subdivision
and a public access easement from Hunte Parkway to the overlook. The developer has been
unable to obtain said easements within the time constraints for development of the project and
final map approval process. The State Map Act prohibits the City from delaying approval of final
map because of a developer's inability to obtain otfsite right of way or easements needed to
construct otfsite improvements. In satisfaction of Condition No. 31 and 41 a provision has been
included in the SSIA wherein the developers agree to provide the easements within 90 days of
final map approval.
The SSIA also includes provisions to satisfy the following conditions:
1. General Condition "B" of Resolution 18175 requires Developer to implement mitigation
measures identified in the Final Supplemental Impact Report for Eastlake Greens EIR 86-
04 and addendum FSEIR 86-04(B).
2. General Condition "C" of Resolution 18175 requires Developer to comply with all
unfulfilled conditions of approval applicable to Unit 22 for the Eastlake Greens Tentative
Map, Chula Vista Tract 88-3 established by Resolution 15200 and by Resolution 17618.
3. General Condition "0" of Resolution 18175 requires Developer to comply with terms set
forth in the Eastlake Greens PFFP in order to meet threshold standards adopted by the
City of Chula Vista.
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Meeting Date 5/7/96
4. Condition No. 16 of Resolution 18175 requires Developer to enter into an agreement
whereby the developer agrees that the City may withhold building permits if a) regional
development threshold limits have been reached b) traffic volumes, levels of service,
public utilities and/or services exceed the adopted City threshold standards and c) the
required public facilities, as identified in the PFFP have not been completed or
constructed to the satisfaction of the City.
5. Condition No. 17 of Resolution 18175 requires the Developer to enter into an agreement
to indemnify and hold harmless the City from any claims, actions or proceedings against
the City to attack, set aside, void or annul any approval by the City with regard to the
subject subdivision.
6. Condition No. 18 of Resolution 18175 requires the Developer to enter into an agreement
to indemnify and hold harmless the City from any liability for erosion, siltation, or
increased flow of drainage resulting from the subject subdivision.
7. Condition No. 19 of Resolution 18175 requires the developer to enter into an agreement
with the City relating to the provision of franchise cable television services.
8. Condition No. 20 of Resolution 18175 requires developer to enter into an agreement to
provide a continuous rear yard masonry wall at least 3.5 ft, in height extending from units
58/59 to the unit 84/85 as shown on the tentative map prior to issuance of building
permits for each phase.
9 Condition No. 40 of Resolution 18175 requires developer to comply, remain in compliance
and implement the plans approved by the Zoning Administrator, DRC-96-02.
10. Condition No. 43 of Resolution 18175 requires developer to develop the common area
designated as "passive open space" with the first phase of construction.
11. Condition No. 45 of Resolution 18175 requires the developer to construct the overlook
and pedestrian trail along the south property line outside the tentative map boundaries
before issuance of any building permit for the final phase of the project.
The developers, California Pacific Homes, and Eastlake Development have executed the SSIA.
On July 25, 1995, by Resolution No. 17982, Council approved an Affordable Housing Agreement
for the Eastlake development, which included certain milestones to implement the Affordable
Housing Program. The agreement requires Eastlake to have 112 low income housing units
under significant construction by June 1, 1998. However, prior to issuance of a building permit
for the 2,550th unit of the Greens, Eastlake is required to commence construction on 160 low
income housing units (the total affordable housing obligation for the Greens). After issuance of
the 2,550th unit, the City will have the right to withhold issuance of additional building permits
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Page 4, Item_
Meeting Date 5/7/96
until significant construction has been completed on the 160 affordable housing units. With the
approval of the 135 units for Eastlake Greens Unit 22, the current cumulative total of approved
units within the Greens is 1,782. All other conditions of approval required to be satisfied for
approval of this final map have been satisfied.
California Pacific Homes has also executed a Subdivision Improvement Agreement for this map
and provided bonds to guarantee construction of the required public improvements adjacent to
the subdivision (CV drawings 96-45 through 96-60) and the monumentation within the
subdivision. All applicable fees have been paid.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Plat - Eastlake Greens, Unit 22
Exhibit B - Disclosure Statement
Exhibit C - Minutes 017/18/89 (R15200) & 1/23/96 (R18175)
SLY
(M:\HOME\ENGINEERIAGENDA\ELG22FM\SL Y)
File: 0600-80-ELG22A
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HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PLANNING - ENGINEERING - SURVEYING
t01'l9 HUENNEKENS STREET - SAN DIEGO, CA 92121 ev U.I-......
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.,APPENDIX B
'DIE c:rrY OF c:HUlA VISTA DI$CLCIS\JRE srA"J1!MENT
You are IIIIlIinId ID liIe . SUI_DI Dr Di5ckaure or .,..iD ~p Dr IuN:iaI g,I.rcsu. Jl'YlllCAI5. 0' _pai,n
CIIIftlrIHlloIII. 011 all malletS wIaick wUI require ._ioIIIry .am 011 tile perl Dr llIe 01)' CoouIdI. 'laa.m, CO--iv.iOII. ul!
all DIMT oIIIdalllDOia. TIle fo~1I1 ..ro....liOD m",I .. .....--":
I. ....1 tile _. or IU ..-u ""';"1 . lauc;iaI ..... In tile propcrt)'''idI . tile nlljeCl or tile IpplicalioD Dr tile
DIIIINCIo c.a-. o-acr. appUcaal. _Imaor.I8ba>.Imaor. ..1CriII.llpplier.
EASTLAlCt DLVELOPM!NT COMPANY (EDC)
CALIrO~IA PACITIC HO~S (CPH)
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1. arlll)' penDD" ideltilic4 pllftualll 10 (I) IIIcM II I corporallDD or~P.1Is1 lilt..... olallladMduls 0IfIIi1l1
IIIQre tUD ID'I'o of \lie .IIa,,.. ID I.corporDliOD or _1111 "1 panllClllolp II-I II 1M: paruasbip.
CPH _ DONALD L. 1!RtN TRust
EDC - BOS~LL PROPERTIES. INC.
3. U all1 peno." ideDliCic.d PUftllllll 10 (I) above is IOD-prolil orpaUalioll or I tnlSl. IisI die .... or all)' perIOD
ICfYiJ1II1 dinaor Or tbe IIOD.prolil OrpDizllioll or as InlSlee or IIaIdlaary or 1I1ISI0' or die InISI.
DONALD L. BRLN - TRUSTEE
4. Ha...e )'1111 llall mor: IliaD nso wonb of blliiness tra_acd willi all1 member 01 \be 01)' suII'. 1Ioarcb, CoaunD5io~.
(;oInminet:S. IDd QlIIDal wilhin Ibe pas' IW\:M .01111157 Yes_ No..!.. II~.,1eaK 1Ddic:ale penon('):_
5. '!cUe tcleDtify ucb ull CYC:ry peno.. laeludiDCID1 ISCII". anplo)occs. CIODlUltllllS. or IadepaldcDI CDIIlflQon who
)'DII\Ia\OC wilned 10 r:p,csenl ,ou before Ibe Cily ill Ibis miller.
EDC _ BOB SNYDER. BILL OSTRD1. CURT CPH - SBERM RARMER. HICBAEL DUNHAM.
STE1'H:ENSOI<, PAUL NIno
JE'fF FOS1!URG
6. Have JOIIudolo, '"' ollicm Of .ptl. IB tile qpqal&. _lrIM'" _ .. SUIDO ID a 01)oo- --bet''' tile
CIImIII Of ... '1II11IIa101 perIOd7 YCI_ No~ 1I)'Cio MIle .... tr---~I):
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HICBAEL DUNHAM. VICE ~1DEN! - CPR
hiDI or IJpt .._ oI_u.aorAappliclll
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M ioutes
January 23, 1996
Page 4
S~hibi+ Q/
he recommended rescheduling the RDA agenda. He felt Councilmemher Padilla ",,'ou1J want to ht' present when
the Redevelopment Agency items were discussed,
Council member Moot felt the matters on the Redevdopment Agcni,;y agt'nda were signiticant and thai a workshop
to deal with the complexities of the items would he helpful.
Chris Salomone, Director of Community Devdopment. inforl11ed Counl:il that Rohr had rel]lIested Ih(lt action he
taken on their item, but it was tied to the CIP item which wa..; the most I.'omplex of the ircm..; hecausc: of all the
different projects involved,
Art Sellgren, representing Rohr, stated they h,HJ heen waiting on the item for quite awhile and they would like to
see it addressed. They also understood Council's need to underst,md the hlldgd is:-;uc". It wa..; the end of their
second quarter and they had hoped to post it prior to friday.
J\fS (RindonefJ\foot) to reschedule the Redevelopment A~enc)' m~tin~ tn a workshop as soon as f'easihle, i,e.
10 Ihe nexl regular meelinJ: with a liJ:ht aJ:enda nr a spedal wnrkshnp with Cnuncil hearin~ the scheduled
hudget presentations, approved 4-0-1 with Padilla uhsent.
......
PUBLIC HEARINGS AI\'D RELATED RESOLllTlOI\:S AI\:D OR[)II\:AI\:CES
11. PUBLIC HEARING CONSIDERING ENACTING A GMW\G I'L\I\: PURSI'A"\T TO SECTION 5.20
OF THE l\ruNICIPAL CODE - On 11/21/95, Counl.'il Hpprm'nl I.at:tlll amcndmellt:-. to St"\;llon 5.20 of the
Municipal Code regarding carJrooms. The changes allow any furm of ~aJllhhJl~ In Chula VJ~ta that is allow~d at
any other location within the state suhiect to further rt:!!Ulalion unJeT " Chula Vi"il:1. Gamin!! Plan. A gaming plan
must be adopted by Council outlining specitics associaku with wagenng The' <.;(:1tt rt'port only adJrt's,,;C's Council's
direction on a defined portion of the proposed gaming plan, carJrooms. The recommendatIOns and alternatives
identified were the result of a review of the gaming policies of otht'T jurisJi,:tions in the rt'ginn and staff analysis.
Staff recommends the Duhlic hearinl! he continued to the n1l'l'tim.! of 2/13/96. (Chlc'f of Police, City Attorney
and Dire.ctor of Planning) Continued from the mt:'etin~ of 1116/96.
MSC (Hortnn/Alevy) In continue the puhlic hearin~ to the nH'din~ or 2/13/96. appron'd 4-0-1 with Padilla
absenl.
12. PUBLIC HEARING PCS-95-04; TENTATIVE SIIBDI\'ISIO'l ~I\P FOR TilE EASTLA"E GREENS
UNIT 22, TRACT 95-04, INVOLVING 9 LOTS CONTAII\:H\C A TOTAL OF n, SI:-\GLE FMHLY
DETACHED TOWNHOMES ON 11.68 ACRES AT TilE AT TilE SOl:TII\\'EST CORNER OF NORTII
GREENSVIEW DRIVE AI\'D HUNTE PARKWAY - CALIFORNIA PACIFIC UmlES - The Tentative
Subdivision Map consists of subdividing 11.68 acres into 9 lots cnntaining a tot:11 of 135 dwelling units with 2.1
acres of interior open space. private streets, and guest parking area". The map also induues 1.5 31.'fcS of ope-n ~pace
which is being offered for uedication to the City. Staff recommends appro\'al of the resolution. (Director of
Planning) Continued frnm the meetin~ nf 1/9/96.
RESOLUTION 18175 APPROVING TRACT 95-04, A TENTATIVE SlIBf)J\'ISION MAP FOR 9 LOTS
CONTAINING A TOTAL OF 135 SINGLE FA~IILY DETACIIED TO\\',,"mIES ON 11.68 ACRES AT
THE SOUTHWEST CORNER OF NORTII GREENSVIE\\' ORI\'E AND IIUNTE PARI,WA Y
This being the time and place as advertis~, the puhlil' hearing \\'as uc'dart'd open.
. Mike Dunham, 9191 Town Centre Drive. San Diego. CA. rt'rflt";t'nlin~' C'aldornni P;Kifil. Home..;. th,mked ..taff
for their spirit of cooperation.
There being no further puhlic testimony, the puhlic hearing was dcdareu cIost'u.
RESOLUTION 18175 OFFERED BY COUNCILMEMBER RINDONE. re:tdin~ of the te't was wai,'ed, passed
and approved 4-0-1 w;'h Pudilla ahsent.
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<lUIY 10, l:i()~
ORDINANCE OFFERED 1!Y MAYOR COX, IS amended, the reeding of the
text was waived by unanimous consent, passed and approved with
Councilman Malcolm abstaining on the Country Club portion of the
zoning ordinance.
15 PUBLIC HEARING
CONSIDERATION OF FINAL EIR-86-4 - EASTLAKE
GREENS (Director of Planning)
a. RESOLUTIOl4 15197 CERTIFYING FINAL EIR-86-4
GREENS
EASTLAKE
PUBLIC HEARING
PCM-87-7 - CONSIDERATION OF EASTLAKE II
GENERAL DEVELOPMENT PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONSl EAST LAKE
GREENS SECTIONAL PLANNING AREA SPA) PLAN,
EASTLAKE GREENS PUBLIC FACILITIES
FINANCING PLAN, EASTLAKE. GREENS DESIGN
MANUAL; EASTLAKE DEVELOPMENT COMPANY
b. RESOLUTION 15198 APPROVING THE EASTLAKE
DEVELOPMENT PLAN
II
GENERAL
c. ORDINANCE 2317
ADOPTING AN AI~ENDI~ENT TO THE EASTLAKE I
PLANNED COMMUNITY DISTRICT REGULATIONS TO
ADD EASTLAKE II TO SAID REGULATIONS
FIRST READING
d. RESOLUTION 15199 APPROVING THE EASTLAKE GREENS SPA PLAN,
PUBLIC FACILITIES FINANCING PLAN, AND
DESIGN MANUAL
e. RESOLUTION 15200 APPROVING TENTATIVE SUBDIVISION MAP
PCS-88-3 FOR EASTLAKE GREENS
f. RESOLUTION 15201
ADOPTING CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR EASTLAKE
GREENS
g. RESOLUTION 15202 ADOPTING THE. MITIGATION MONITORING REPORT
FOR EASTLAKE GREENS, EIR-86-4
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Consultant Doug Reid explained that a Master EIR for all
the EastLake development (including EastLake Greens/Trails) was
completed in February of 1982. In addition, 392.1 acres of
EastLake Greens were reviewed in an EIR prepared for EastLake I in
January 1985. This presentation contains additional information,
and covers effects on the environment which are not specific to
the EastLake Greens/Trails site and those that were not previously
addressed as significant effects.
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July 18, 1989
Mr. Reid then introduceo Jeanne Munoz, ERC Envirunmental and
Energy Services, who presented conclusions in the final EIR and
also the findings on the CEQA related documents.
Ms. Munoz noted essentially, the one significant unmitigab1e
impact would be on paper only: air quality. The reason being that
it is in non-conformance. In the San Diego area, a project is
considered to have a significant cumulative air ~uality impact if
the project has not been inc1 uded in the SANDAG Series 5 and 6
Growth Forecast. EastLake Greens and EutLake Trail s were not
included in those forecasts. At the time at which they become
included the project will be in compliance and conformance and it
will no longer be an unmitigable air quality impact. .
Councilman Nader noted the unmitigab1e impact on air quality (on
paper) is a real air quality impact and it is only on paper that
impact will disappear if SANDAG revises it projects and the
implementation plan for meeting quality air standards is revised.
He questioned the existing inadequate implementation plan and the
need to revise it to be stricter and asked how it is that we
anticipate the implementation plan and the SANDAG forecast will be
revised and therefore, on paper, the air quality impacts
unmitigated will go away and somehow remove the same amount of air
pollution that was an unmitigated impact on the EIR.
Ms. Munoz responded that it is confusing, but that what it is, is
that once the SANDAG Series 5 & 6 forecasts are incorporated into
the revised Air Quality Management Plan, this project will be in
compliance with the predictions made in that plan. It will not
change air quality at all, but it will be in compliance and
performance. The point needs to made however, that in large part,
the problems with air quality in San Diego County are a result of
the air quality problems in Los Angeles and there is nothing we
can do about that.
Mr. Bud Gray, City Consultant, noted he would be discussing the
EastLake II General Development Plan and the EutLake Greens SPA
Plan; Tom Bandy from Willdan would be presenting the EutLake
Greens Public Facilities and Financing Plan and Principal Planner
Ken Lee from the Planning Department would be presenting the
Tentative Map.
Tom Bandy reported on the East1ake Greens Public Facilities
Financing Plan. He noted that the plan has four key features. It
describes the public facilities needed to serve the project,
on-site and off-side, the estimated costs, the method of
financing, and the phasing of facilities.
/d-1
Principal Pl anner .ne presented his report o. the project. noting
the proposed subdivision encompasses 830 acres of land located in
the eastern portion of the City east of 1-805 and south of Otay
Lakes Road. He noted the General lotting of the area including;
standard lots, small lots, attached product lots, townhouse
product lots, condominium product lots. high density condominium
lots. Mr. Lee also noted a letter from Kent Aden of EastLake
referring to proposed clarifications to conditions for EastLake
Greens.
Council discussion followed regarding lot shes. density. family
sizes; affordabi1ty of the homes; possibly imposing a lIoratorium
if development came to outstrip public facilities. water
management plans. and land use patterns.
Bob Santos. President. EastLake Development Company. 900 Lane
Avenue, addressed the issues about the General Phn policy as it
relates to achieving denSity higher than target density shown in
the General Plan. He noted that EastLake. before the Phnning
Commission, voluntarily reduced the density of the EastLake
Greens. EastLake II proposal that was before Council this
evening. They will only request density above that level if the
City's newly adopted pOlicies are revised and situated to provide
for EastLake's ability to do that.
Katie Wright, Project Manager. EastLake Development presented
sl ides and transparencies on the EastLake Neighborhood and family
characteristics associated with the EastLake Project. She noted
statistics on buyers, families. needs and household shes. Also
noted were the percentages of first time buyers. move up buyers
and chief reasons why those buyers selected EastLake.
Kent Aden from EastLake noted that there were now over 90
conditions imposed on the SPA Phn and tentathe map. He noted
that in the spirit of cooperation EastLake would live up to the
majority those conditions. He requested consideration of
alternative wording and modification to six of those conditions:
1. Tentative ~Iap '37: requires equal access to Cable TV
franchises. This issue is best dealt on a City-wide basis.
They will be applying for a Cable TV franchise and because of
this they request that Council modify the condition to make
EutLake subject to any new City-wide ordinance or resolution
of this issue. They will be sUbject to this at the time at
which it is adopted.
2. Tentative Map '64/SPA 12: in regard to the pedestrian
bridge. They don't know if the bridge is warranted or not. it
will require substantial public money to maintain and EastLake
believes it should be included in the Public Facilities
Financing Plan. not as a Tentative Map condition.
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,ly 18, 1989
3. Tentative Map #38G: Currently states that residential
constructi on tax may be waived for exc.ess park improvements.
EastLake is committing to excess park improvements, therefore
woul d 11 ke a commitment from Council to waive the RCT
accordingly.
4. Tentative Map 146/SPA 6: Conflicting conditions regarding
church sites. EastLake would like to clarify they are
currently showing a 4.8 acre site in EastLake Greens for
churches. In addition, there are 12.3 acres in EastLake I and
II. In total, 22 acres will eventually be planned for the
EastLake community.
5. Tentative ~Iap //44/SPA 19: relating to low/moderate income
housing. These items must be deferred at this time if Council
accepts the Planning Commission recommendation. EastLake
cannot meet these guidel ines until the effect of the analysis
on the General Plan Policy Section 6.2 and 6.3 IS they relate
to the final density of the five high density parcels is
determined.
6. Planning Commission Item SPA Condition 13: regarding the
deferral of the density. EastLake supports this condition but
is asking that Council adopt this with a 30 day time frame in
mind with the Task Force to come back with recommendations to
be adopted by Council.
With this in mind, EastLake asked that the project be adopted with
the General Plan Policies as they were adopted last week.
Speaking in favor of the EastLake project were:
Richard Esslinger, Postmaster, Chula Vista, 2134 Horthshore Drive;
Jackie Metcalf, 546 Port Harwick; Larry Rehlander, Victory
Lutheran Church; Peter Watry, speaking for CROSSROADS, 81 Second
Avenue; Fran 0 Meara, 1858 Gamay Terrace; .Josepn I\.ownack, 1891
Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive; Bob
O'Connell; 2072 Waterbury Circle; Joseph Cummings, 1848 Ithaca
Street; Richard Stahley, 30 Woodlawn Avenue.
Collectively, their remarks included the following: Crossroads
does not intend to concede one additional unit to EastLake Greens
and EastLake Trail s; shoul d stick to target density and approve
condition 113, which embodies the Planning Commission's
recommendation and EastLake's proposal; Post Office in process of
negotfation budget, if project is put off for any length of time
it may detrimentally affect ability to procure funds necessary to
construct ElStLake Project; ElStLake is the best community ever
seen; has distinctive neighborhood and lifestyle; courteous
corporation to work with for land site for churches; EastLake has
Changed Chula Vista's poor image; increased City revenue and
increased number of businesses; various amenities are offered;
homes are affordable; large yards; many of the neighbors have
grown up in Chula Vista and moved to Cottage because they could
afford them and still are near their families; pleased that
EastLake has voluntarily chosen to reduce the density; insulated
community - can give back to community in the form of good
neighbors and citizens; EastLake good project but there is some
concern over private v. rUbliC parks; would like to give density
transfer to keep from pay ng upkeep of parks. .
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Speaking against \ Joe Garch, 484 Fifth lenue, Chu1a Vista.
He stated that he was concerned about the water situation. He
asked if the water situation has been addressed.
Mayor Cox responded that it would be addressed on an incremental
basis because a certification would have to be done by the Otay
Water District that they would be able to provide the water
serv i ce for th is proj ect. The Mayor a 150 noted tha t Counc 11 man
Moore has put together a Water Task Force and that all property
owners are working with the water districts; the Task Force meets
on a monthly basis. The Otay Water District is coming out this
week with water allocations so that the developers know that they
have certain restriction and cannot go beyond that with guaranteed
water rights. .
There being no further public testimony, the public hearing was
closed.
RESOLUTION A OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the follow'ing
vote to wit:
AYES:
NO:
Cox, Moore, McCandliss
Malcolm, Nader
RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Councilwoman r~cCandl iss asked if since the bulk of her concerns
were on the Tentative Map, would it be possible to adopt the
General Development Pl an then possibly, wi th removing the actual
targ~t number for the area, continue the Tentative Map until after
the Task Force reviews that section and bring it back within 30
days. Or, if there was a desire to amend the tentative map, would
t,hey have to go back and amend the SPA Plan, FaCilities Financing.
Director Kremfl responded that they could consider the General
Development P an and the S-PA Plan and reserve decision on the
Tentative Map. He noted that if the Tentative Map changed, as far
as density or location of product types, for the most part the
structure would still be relevant. The Task Force could review
the Land Use Element of the General Plan within a 60 day period of
time.
The Resolution B passed by the following vote:
AYES:
NO:
Cox, Moore, McCandliss
Nader, Malcolm
ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wit:
AYES:
NO:
Cox, Moore, McCandliss, Nader
Malcolm,
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RESOLUTION D OFFERED 3Y MA. 1 COX
MOTION
Nader! to amend the resolution to include an agreement that the
development will conform with the Growth Management Element to
eventually be adopted as part of the Chula Vista General Plan.
Mayor Cox asked if this would be more suitable under Item E - the
Tentati ve Map
Director Krempl responded that it could be placed under whatever
action they felt comfortable with.
MOTION RESTATED
10 amend ~ne resolution to state that EastLake would agree with
whatever Growth Management Element is added into the General Plan;
it woul d become part of the agreement that the d.evelopment wi"
conform with the Growth Management Element that will eventually be
adopted as part of the General Plan.
Council member Moore qUestione1f-the~;; used; ua-greeu as opposed
to .conform." , " ".,-",,-. _'Y\.. i:~1
Councilman Nader clarified that EastLake could decline the
agreement but then the project woul d not go ahead, so in effect,
it is a requirement that EastLake conform.
Discussion ensued regarding the agreement. Mr. Santos noted that
this is the appropriate legal document to make that kind of
commitment, but suggested it be addressed at that point in time.
In answer to Councilman Nader's question, Mr. Santos responded
they did have a problem in that Council is asking them to take a
considerable risk, as they have done in the past.
Councilma'l Nader withdrew his motion as to Item D and noted he
would resubmit it as to Item E, but that it should be make clear
at some point tonight that Council is doing this.
VOTE ~N THE MOTION, Item D
The motion carried with Councilman Malcolm voting no.
RESOLUTION E OFFERED BY MAYOR COX IS read.
MOTION
(McCandlhs! Nader) that the resolution be continued Ind returned
at the Council meeting with the report on the General Plln.
Councilman Nader asked for I clarification of the motion.
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Councilwoman McCa., liss stateJ that what ,e would like the
committee to deal with transfers and bonuses and come back to
Council before approval of the tentative map
Mr. Santos stated they were interested in moving ahead, but
concerned about the feelings that EastLake had a lack of
commitment. He suggested that the provision of a tract map
con di ti on tha t re9u i res the development a greement for the proj ect
make EastLake subJect to the Growth Management Policy that will be
adopted by the City in the future. Secondly, that a track lIap
condition on the project requires that EastLake cannot exceed on a
cumulative basis in the eastern territories 7,426 dwelling units
until such time as the City has updated their Transportation
Phasing Plan, or the Growth Management Plan.
VOTE ON THE MOTION
The motion to continue failed by the following vote, to wit:
AYES:
NOES:
McCandliss, Nader
Cox, Malcolm, Moore
Mayor Cox noted there was one amendment he would like to make.
MSUC (Cox/Mal colm) that before recording of the final map there
would have to be an agreement executed by the City and by EastLake
resolving the outstanding issues on the public v. private parks as
they relate to EastLake I and EastLake II.
MSUC (Nader/McCandliss) Condition 79 - the development be subject
to the Growth Management Element of the General Plan in the
Transportation Phasing Plan to be adopted by the City.
Councilman Malcolm noted that he had no problem with item 37 where
EastLake is subject to any new City-wide resolutions regarding
cable television and no problem with item 44 - that conditions
related to low and moderate income housing sha" be deferred and
evaluated as a factor in the analysis of the General Plan policies
6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, R-27 and
R-28.' .
MOTION
(Malcolm/Moore) to amend 37 and 44 as per EastLake's request.
Director of Public Works Lippitt noted that Item 37 wu put in
because of Council's concern of equal access - it could be changed
- he recommended taking out the word -City-wide- because we don't
know what the ultimate solution is going to be and it may be
different from the western portion of the City in EastLake.
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O:lnUtl'!S
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.J1I'y I tI, I :1t1:1
AMENDMENT TO MOTION
Councilman Malcolm amended his motion to delete the word
HC ity-wi de"
The motion carried unanimously.
Councilman Malcolm also stated he had a problem with the golf
course. He spoke to EastLake and they agreed to do something
other than a private golf course; the general public ought to have
a right to use the open space: EastLake has an obligation to the
publi c. He ask ed the City Attorney if Counc f1 coul d lea ve a
condition where EastLake has to be willing to open up to some type
of public use, to be determined by the City of Chuh Vista at a
later date by the Parks & Recreation staff and other golfing
facilities in EastLake to come back with some type of
recommendation.
Assistant City Attorney Rudolf, in response to Councilman
Malcolm's question noted that if that condition would be
consistent with what was already approved in Resolutions B, C, and
D; if that issue is not already addressed in those provisions,
then this condition would be inconsistent.
It waS noted by Mr. Gray that this would not be inconsistent with
anything Council has acted upon thus far because nothing in the
plans really speak to the private v. public nature of the golf
course.
Mr. Santos noted that EastLake Country Club is envisioned to be a
privately owned and operated Club; it is not a municipal course.
When it is opened in 1991, it will be open for public play for a
period of time which has not yet been determined. The community
has expressed a desire to have this available for a
communi ty-a t-l arge use. There wi 11 be a CUP for the gol f course
permit and at that time the whole concept of the public v. private
play can be addressed.
MOTION
MSUC (Malcolm/Nader) to add this as Condition #80 - prior to any
operation of the Golf Course that an agreement between the City of
Chula Vista and EastLake regarding public play be entered into, to
be considered as part of the procedure with the Conditional Use
Permit.
MSUC (Nader/Moore) Condition #81 - to incorporate the Planning
Commission's recommendations.
VOTE ON MAP
RESOLUTION E OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Nader and Councilwoman McCandliss voting no.
/~ - /0"
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RESOLUTION F OFn .0 BY MAYOR COX, the re, 'ng of the text was
waived by unanimous consent, pused and approved with Counc11man
Malcolm voting no and Councilman Nader voting no on the Statement
of Overriding Considerations.
RESOLUTI ON G OFFERED BY MA YDR COX, the rea di n g of the text was
waived by unanimous consent passed and approved with Counc11man
Malcolm voting no.
Counc11man Moore questioned the Council policy on traffic studies
in future developments.
Director of Public Works Lippitt responded that a traffic study
was done for this plan in the EIR and one will be done when ~unbow
and other major developments come in. The City is automatically
following through on its pOlicy.
Mr. Krempl noted that on the Task Force, while indicating that it
may take 60 days, they woul d be tryi ng to get the group together
as soon IS it was authorized by Council and proceed to do it in
the shortest time possible.
Mayor Cox noted the Council shoul d try to make a commitment to
have this issue resolved in the next 60 days.
16. ORAL COMMUNICATIONS - Opportunity for the public to speak to
the City Council on any subject matter within the Council's
jurisdiction but not an item on today's agenda. Each
speaker's presentation may not exceed five minutes.
a. Mr. Wade R. Guniani, s214 J Street, Chula Vista addressed the
issue of the 706 and 706A buses, the Chula Vista Trolley. He
noted that seniors and handicapped individuals that are having
difficulties accessing those buses. He suggested that perhaps
a study be done to correct these buses to be adequately used
by these individuals.
MSUC (Cox/r~oore) to refer this petition to staff for a report and
evaluation to come back to Council.
b. Joseph Garch, 484 Fifth Avenue, Chula Vista, suggested City
invest in a 54 or 60 inch television monitor with a VCR to be
installed in the Council Chamber. City Manager Goss noted the
Cfty has that capabil ity and equipment ready' to be used when
neeCfed.
c. Paul Green, 141 Lotus Drive, Chuh Vista, addressed concerns
regarding an informational item dated February 15, 1989. The
City Manager noted he will send another copy of the response
to his letter that had been sent.
d. Rick Short Tan, 55 Oxford Street, Chula Vista, requested that
Chula Vista Historical Society consider trees as part of Chula
Vista's history. He cannot get information on certain trees
in the area.
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RESOLUTION NO. 17833
"
RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA
VISTA ESTABLISHING CITY COUNCIL POLICY FOR
OElEGATING ADDITIONAL AUTHORITY TO STAFF AND THE
SAFETY COMMISSION
WHEREAS. the City Council has expressed a desira to have Itaff and the City Attorney
work with the members of the Safety Commission in developing a process thet would provide
graater authority to Itaff and the Safety Commission in dealing with traffic safety issues; and.
WHEREAS. the intent of the City Council policy is to eliminate the need for minor day
to day issues related to the operations aspect of Traffic Engineering going before the City
Council. and have staff and the Safety Commission as the final decision making authority.
NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does
hereby establish City Council Policy for delegating additional authority to Itlff Ind the Slfety
Commission IS set forth in Exhibit. A..
tL/~
J6hn P. Lippitt
Director of Public Works
ILJ
Bruce M. Boo
City Attorney
by
Presented by
r
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.~L~~) 7
Resolution No. 11833
Page 8 .
PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista. California.
his 14th dey of March. 1995. by the following vote:
YES: Councilmembers: Fox. Moot. Padilla. Rindone. Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Ab~r-'~7A'
Shirle Horton. Mayor
ATTEST:
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO I ss.
CITY OF CHULA VISTA I
I. Beverly A. Authelet. City Clerk of the City of Chula Vista. California. do hereby certify that the
foregoing Resolution No. 17833 was duly passed. approved. and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of March 1995.
Executed this 14th day of March, 1995.
~ /c2-)y
.
Resolution No. 17833
Page 2
EXHIBIT S
-
COUNCIL POLICY
cm OF CHUU. VISTA
ADOFl'ED BY:
Resolution No. 17833
POLICY EFFECTIVE
NUMBER DATE PAGE
110-09 03/14195 1 OF 6
I DATED:. 03/14195
SUBJECT: SAFE'IY COMMISSION POUCV
BACXGROUND
011 March 6, 1973, die Oty Council adopted a Safety CommissioD policy utab1ishiDa a procedure to be
followed by die Safety CommissioD in eva1uatinamatten of vehicular or pedestrian lafety within die public
riaht-of.way within die City of Oaula Visu. The March 6, 1973, policy limiu die Safety CommissioD
mponsibility to an advisory role to die Oty Council. Presently. final authority to Implement traffic control
.easures rem with the Oty Council.
In receDt yean there has beeD a Jl'uter awareDess and coDcern over traffic and wet)' related issues. Due to
popuIatioD, vehicular ownenhip, and traffic Jl'owth in the City, this awareness and concern has resultinl in an
Increase in traffic items brought before the City Council This siNation coupled with other preasina demands
on the Oty Council has advenely impacted their ability to Ichedule public hearings and resolve the high
Dumber of traffic and safety matten initiated by the public that warrant special consideratioD.
I
D~ .0 the Imponance placed OD traffic and wety .anen and the Deed to duJ with such manen
expeditiously. the Oty Council has determined a Deed to crute an administrative process in which deleaatioD
nf authority is empowered to the Safety CommissioD and staff to act upon traffic and wery .aners.
i
: PURPOSE
The purpose of this policy is to establish an administrative procedure for the Safety CommissioD to conduct
i public hearings OD manen related to traffic and safety issues. This policy prescribes JUideliDes and criteria
I for dewmiDiDa appropriate actions in accordance with Oty Council directioDS and dele,atioD of authority.
! 1. General Policv
It abaD be the policy of the Oty, to be Implemented by such ordiDaDcas and nsolwons as .ay be
required, that, within, the budgetary CCIIIStraiDts let by Council throulh the budaet. the City CouneD
hereby delqatea authority to esublish and .alntain vehicular aDd pedestrian traffic _trol .euurea,
ataDdards. and nquimDents In the public riJht of way rrratfic Control Meas_"). acept as
herelDbel_ provided, to the City !IIpeer afIer rwview by the Safety Com...I'sloD ("Commission"),
1tDl.... on affirmative vote of a majority of the membership of the Safety o-...I.~lon. the
CommissioD objecu to the proposed action by the City !llaineer. in such case, the matter abaD be
referred to the City Council and the authority as to such matters, abaD, on such referral, be _ted In
the Oty Council to be exercised OD OD the affirmative vote of three members of the City Council.
/.
~
JJ-/7
,
Resolution No. 17833
Page 3
COUNCIL POLICY
CITY OF CHULA VISTA
ADOPTED BY:
ResolutiOD No. 17833
POLICY EFFECTIVE
NUMBER DATE PAGE
110-09 03/14195 2 OF 6
I DATED: 03/14195
SUBJECT: SAFE'IY COMMISSION POUC'(
The Commission shaD not have die power to initiate or order die implemtDtation of a Traffic Control
Measlll'e, but shaD have die power to recommend to die City EDzineer dlat slbe consider a proposed
Traffic Control Measlll'e. 11 die City Engineer shaD consider and decline to implement a Traffic
Control Measure proposed by a majority of die Commission. die Commission IhalI by a vote of at
least four (4) Commissionm have the power to refer die matter to die City Council. and upon such
referral. the authority to initiate and order die Traffic Control Measlll'e shaD be dlereupon revested in
die City Council.
2. ExceDrlons:
A. Traffic Control Measlll'es budseted by die City as a CapitallmprovemtDt Project Budseto
The audlority to establish a Traffic Control Measure for which die City has appropriated ru
in die City's CP budset shaD be vested in die City Council, subject 10 recommendations of r.."
City Ensineer and Safety Commission.
B. Special Event Resulations
(1) Public Community Events.
The audlority to establish and maintain Traffic Control Measures for communitY
events usinS die public riSht.of.way.
(2) Road Construction ProjectS.
The audlority 10 establish and maintain temporary Traflic Control Measures for road
construction projects IhalI be vested in die City EDline., an1eu ovmuled by die
affirmative vote of three memben of die CounciL The City EDzin.. 1halI, UDder die
foUowiDl drcumstances, advise die Council _ daylln advance In writiDl of die
foUowiDl proposed Traffic Control MeUIII'U uerdsed ad. die audlority of this
nception:
(a) the proposed Traffic Control Measure may InwIve complete road c:losures on
ay road;
(b) the proposed Traffic Control Measure may Involve Iip1ilicant Interferellce
widl traffic on hip volume roads;
,
~
J~~d-Zi
Resolution No.1 7833
Pege 4
.
COUNCIL POLICY
CITY OF CHulA. VISTA
ADOPTED BY:
Resolution No. 17833
POLICY EFFECI1VE
NuMBER DATE PAGE
110-09 03/14f)S 3 OF 6
I DATED: 03/14f)S
SUBJECf: SMF:IY COMMISSION POUCY
(c) the proposed Traffic Control Measure .ay iD'VOlve IODI _ penial road
closures on aDY road;
(d) the proposed Traffic CoDtrol Measure .ay illvolve iIItmereDee with .ceen to
aDY business;
(e) the proposed Traffic Control Measure .ay iD'VOlve the reroutill& of traffic
through resideutial areas.
C. Emergency Traffic Regulations.
-
D. Traffic Control Measures Affecting Community Businesses.
The City Council reserves aulhorlty over all Traffic Control Measures designed to, or having
aD impact on, the availability of parking for businesses, including but Dot limited to:
(1) Angle Parking
(2) Parlcing Meters
E. Traffic Control Measure associated wilh new developments aDd/or City projects.
3. INCLUSIONS
A.
Trial Traffic ReguJations
Traffic Control Devices
Through Streets aDd Stop Intenactions
Yield Rilht-of.Way Streets
Tuminl MOftJIIents
One-Way Streets and Alleys
Stoppinl. StaDdiDJ and ParlcinJ
Loadinl Zones
Bicycle Padcinl Zones
Pedestrians
Permit Padcinl in Residential Zones
Gapter 10.12
Gapter 10.24
Gapter 10.32
Gapter 10.36
Gapter 10.40
Gapter 10.44
Gapter 10.52 (beept Angle PadcinJ)
Gapter 10.60
Gapter 10.72
Gapter 10.76
OIapter 10.86
,-maI actions on .atters requiring aD OrdinaDce from City Council reprdinJ Speed lleguJations
(OIapter 10.48); Angle ParlcinJ (OIapter 10.52); ParlcinJ Meter Zones (OIapter 10.56); Permit
/J /,2 /
~.5'"
Resolution No. 17833
Page 5
COUNCIL POLICY
COY OF CHUlA VISTA
SUBJECI': SAFETY COMMISSION POLICY POLICY EFFECI'IVE
NUMBER DATE PAGE
110-09 03/14195 4 OF 6
ADOPTED BY: Resolution No. 17833 I DATED: 03/14195
Parking (Clapter 10.56) md Truck Routes (Clapter 10.64) shall be exempt from this policy. These
items will be refened to the City Council with recommendations from staff md the Safety
Commission for filial clisposition.
PROCE>URES
A. PUBLIC INQUIRIES
1. Citizen requests for uaffic and safety reJatecl improvemmts .. aubminecl to the City EDgineer
for evaluation.
2. The City EDgineer performs uaffic maclies as necessary iDducliDg die collection of pertinent
data md any other reference material.
3. The City EDgineer malyzes the uaffic data md makes a uaffic eqiDeeriDg detenDiDaUon on
what, if my. traffic engineering improvements are Deedee!.
4. The City EDgineer prepares a report to the Safety Commi..;on presenting bis/her fiDcliDgs
accompanied with a recommendation to accept or deny the citizen's uaffic safety
improvemmt request.
5. The City Engineer's report is p1acecI on die Safety C'.o!PJI)i..ion'i meetiDl aaenda.
6. Citizen md other affected iDclividuals .. Dotified of die date _m dieir item wiD appear
before die Safety Commi..lom. Notices.. IeDt out Dot later dim . days Wore the Safety
Commission meeting.
7. The Safety Commission CODducts a pubUc bearing, when staff preMDts dleir nCOlDDlmdatiOD
Resolution No. 17833
Page 6
COUNCIL POLICY
CITY OF CHUlA VISTA
Resolution No. 17833
POLICY EFFECTIVE
NUMBER DATE PAGE
110-09 03/14195 5 OF 6
I DATED: 03/14195
SUBJECT: SAFE'IY COMMISSION POUCY
ADOPTED BY:
L If the Safety Commission vote affinDs the City EDBlDea's _RdatiOD to approve
the cili7.R's IJ'affic safety impro_eDt request, staff is authorized to implemeDt the
1r&ffic safety improvemeDt.
(
b.
If the Safety Commission, by a majority vote of the Safety Commission, affinDs the
City EDgineer's recommendation to deny the citizen's IJ'affic safety impro_eDt
request, the denial is final and will not be forwarded by staff to the City Council for
their consideration unless one member of the Council within 10 days desires to bear
the item. Staff will notify Council of the Safety Commission bearing results througb
th. forwarding of an information memo outlining the action takeD. Appeals to the
City Council from decisions of the Safety Commission or City EDBlDeer are a priority
and will normally be scheduled for a bearing 3 to 4 weeks from the date the appeal is
filed. Mer conducting a public hearing, during which time the applicant and
interested parties may speak. the Council may approve, caoditionally approve, or
deny the requesL The City Council's decision is final.
Co
If the Safety Commission's vote is CODtrVy to the City EDBlDea's recommendatiOD.
the 1raffic item will be referred to the City Council aiId the authority as to such
matten shall, on such referral, be vested in the City Council to be exercised on the
affinDative vote of three memben of the City Council. The Comllliuion shaD lIot
have the power to initiate or order the implemeDtation of a Traffic !:ontral Measure,
but shall bave the power to recommend to the City EDBlDeer that slbe CODsider a
proposed Traffic Control Measure. If the City EnBlDeer shaIJ CODSider and decline to
implemeDt a Traffic Control Measure proposed by a lIIajority of the Safety
Commission, the Co_issioll shaIJ, by a ~e of at least four (4) Comllllaionen, have
the power to refer the lIIatter to the City Council, and 1IJIOII nc:b referral, the
authority to initiate and order the Traffic Control Measure shaD be thereupon ftIted
in the City Council If lIew information or evidRce presented at the bearing discloses
Ibat the oriBIDaI recommendation Is 110 longer valid, the Oty Enpeer lIIay take an
item off the City Council Alenda and concur with Ibe Safety CmoIllI'~lon's
_Rdation Ibus waiving the appeal process.
B. 11\APFIC PLANNING
.
1. Any precise plans or site plans for the construction of bulldinp or fac:i1ities lbat are proposed
to be bullt adjacmt to or h&\lingaccess to or Impact ODlllajor streets whic:b, in Ibe oplDion of
.
/,J-2} ~
Resolution No. 17833
Page 7
COUNCIL POLICY
cm OF CHUlA VISTA
SUBJECT: SAFETY COMMISSION POUCY POLICY EFFECTIVE
NUMBER DATE PAGE
110-09 03/14/95 6 OF 6
ADOPTED BY: Resolution No. 17833 I DATED: 03/14/95
staff (Le. Director of Planning. Director of Public Works. or City EDpeer) II!! ill light of the
plans submined create the potential for a hazardous condition which II!! have a detrimental
effect on vehic:ular or pedesnian traffic. will be forwarded. through the City EDgiDeer, 10 the
Safety Commission for review. evaluation. and recommendations.
2. The Safety Commission shaD evaluate said precise plans and site pl8ll$ ill refermce 10 their
effect upon traffic problems. and shaD submit their recommendations 10 the PllllllliDg
Commi$sion and City Council at the time such pI8II$ are CODsidered by said bodies.
3. Trial Traffic Regulation. Municipal Code 10.12.030 . III cases where authority has beeD
delegated to the Safety Commi$sion and City Engineer to approve traffic CODtrol devices, the
Safety Commission will hereby be authorized to approve the iDstaIIation with the CODc:ut're"
of the City EDgineer's recommendation.
4. The Safety Commission will adopt a recommendatioD embodyiDglllch reaulatiOD, or any part
thereof. after the 8.mODth nial period or which regulation shaD cease 10 be effective. Where
an ordinance i$ required for filial approval. the Safety Commi$sion will f_ard their
recommendatiOD to the City Council for adoptioD of the ordiDance embodyiDl such
regulation.
ORIGINAL RESOun10N ADOPTING 11DS POUCYWAS: 6772 APPROVED ~.
j.:2~~L/ ~
COUNCIL POIJCY
aJY OF ORJLA VISTA
SUBJEcr:
Safety Commission Policy - Delegating
Additional Authority
POUCY
NUMBER
110-09
EFFECl1VE
DATE
3/14/95
PAGE
1 of 5
AI>OPnD BY:
Resolution 17833 - (Replaces Policy Number 110- DATED:
09 adopted 03-06-73 by Resolution 6772)
3/14/95
BACKGROUND
On March 6, 1973, the City Council adopted a Safety Commission policy establishing a procedure to be
followed by the Safety Commission in evaluating matters of vehicular or pedestrian safety within the public
right-of-way within the City of Chula Vista. The March 6, 1973 policy limitS' the Safety Commission
responsihility to an advisory role to the City Council Presently, final authority to implement traffic control
measures rests with the City Council.
In recent years there has been a greater awareness and concern over traffic and safety related issues. Due to
population, vehicular ownership, and traffic growth in the City, this awareness and concern has resulted in an
increase in traffic items brought before the City Council. This situation coupled with other pressing demands
on the City Council has adversely impacted their ability to schedule public hearings and resolve the high
number of traffic and safety matters initiated by the public that warrant special consideration.
Due to the importance placed on traffic and safety matters and the need to deal with such matters
expeditiously, the City Council has determined a need to create an administrative process in which delegation
of authority is empowered to the Safety Commission and staff to act upon traffic and safety matters.
PURPOSE
The purpose of this policy is to establish an administrative procedure for the Safety Commission to conduct
public hearings on matters related to traffic and safety issues. This policy prescribes guidelines and criteria
for determining appropriate actions in accordance with City Council directions and delegation of authority.
1. GENERAL POLICY
It shall be the policy of the City, to be implemented by such ordinances and resolutions as may be required,
that, within, the budgetary constraints set by Council through the budget, the City Council hereby delegates
authority to establish and maintain vehicular and pedestrian traffic control measures, standards. and
requirements in the public right of way ('7raffic Control Measures"). except as hereinbelow provided, to the
City Engineer after review by the Safety Commission ("Commission"), unless. on affirmative vote of a majority
of the membership of the Safety Commission, the Commission objects to the proposed action by the City
Engineer. In such case, the matter shall be refetTed to the City Council and the authority as to such matters,
shall, on such refetTaI, be vested in the City Council to be exercised on the affirmative vote of three members
of the City Council
The Commission shall not have the power to initiate or order the implementation of a Traffic Control
Measure, but shall have the power to recommend to the City Engineer that s/he consider a proposed Traffic
Control Measure. If the City Engineer shall consider and decline to implement a Traffic Control Measure
proposed by a majority of the Commission, the Commission shall by a vote of at least four (4) Commissioners
have the power to refer the matter to the City Council, and upon such refetTaI, the authority to initiate and
order the Traffic Control Measure shall be thereupon revested in the City Council.
~ )2~;2~5
COUNCIL POLICY
CI1Y OF CHULA VISTA
SUBJEcr:
Safety Commission Policy. Delegating
Additional Authority
POUCY
NUMBER
EFPECJ1VE
DATE
PAGE
20fS
ADOPTED BY: Resolution 17833
110-09 3/14/95
I DATED: 3/14/95
2. EXCEPTIONS:
A. Traffic Conttol Measures budgeted by the City as a Capital Improvement Project Budget.
The authority to establish a Traffic Control Measure for which the City has appropriated funds in
the City's CIP budget shaD be vested in the City Council, subject to recommendations of the City
Engineer and Safety Commission.
B. Special Event Regulations
(1) Public Community Events.
The authority to establish and maintain Traffic Control Measures for community events using
the public right-of-way.
(2) Road Construction Projects.
The authority to establish and maintain temporary Traffic Control Measures for road
construction projects shall be vested in the City Engineer, unless overruled by the affirmative
vote of three memben of the CounciL The City Engineer shaD, under the following
c:ircumsrances, advise the Council seven days in advance in writing of the following proposed
Traffic Control Measures exercised under the authority of this exception:
(a) the proposed Traffic Control Measure may involve complete road closures on any road;
(b) the proposed Traffic Control Measure may involve significant interference with traffic on
high volume roads;
(c) the proposed Traffic Control Measure may involve long term partial road closures on any
road;
(d) the proposed Traffic Control Measure may involve interference with access to any business;
(e) the proposed Traffic Control Measure may involve the rerouting of traffic through
residential areas.
C. Emergency Traffic Regulations.
~
"')
Ie<-
-C2~
COUNCIL POLICY
cm OF CHULA VISTA
SUBJECT:
Safety Commission Policy. Delegating
Additional Authority
POUCY
NUMBER
EPFECI1VE
DATE
PAGE
30f5
AI)()PlE) BY: Resolution 17833
110-09 3/14/95
I DATED: 3/14/95
2. EXCEPTIONS (continued)
D. Traffic Conttol Measures Affecting Community Businesses.
The City Council reserves authority over all Traffic Conttol Measures designed to, or having an
impact OD, the availability of parking for businesses, including but not limited to:
(1) Angle Parking
(2) Parking Meters
E. Traffic Conttol Measure associated with new developments and/or City projects.
3. INCLUSIONS
A. Trial Traffic Regulations
Traffic Conttol Devices
Through Stteets and Stop Intersections
Yield Right-of.Way Stteets
Turning Movements
One-Way Stteets and Alleys
Stopping, Standing and Parking
Loading Zones
Bicycle Parking Zones
Pedestrians
Permit Parking in Residential Zones
Chapter 10.12
Chapter 10.24
Chapter 10.32
Chapter 10.36
Chapter 10.40
Chapter 10.44
Chapter 10.52 (Except Angle Parking)
Chapter 10.60
Chapter 10.72
Chapter 10.76
Chapter 10.86
Final actions on matters requiring an Ordinance hom City Council regarding Speed Regulations (Chapter
10.48); Angle Parking (Chapter 10.52); Parking Meter Zones (Chapter 10.56); Permit Parking (Chapter
10.56) and Truck Routes (Chapter 10.64) shall be exempt hom this policy. These items will be referred to
the City Council with recommendations hom sWf and the Safety Commission for final disposition.
PROCEDURES
A. PUBUC INQUIRIES
1. Citizen requests for ttaffic and safety related improvements are submitted to the City Engineer for
evaluation.
2. The City Engineer performs ttaffic studies as necessary including the collection of pertinent data
and any other reference material.
3. The City Engineer analyzes the ttaffic data and makes a ttaffic engineering determination on what,
if any, ttaffic engineering improvements are needed.
/;2 ~ cl 7 -'$--3
COUNCll. POUCY
CIIY OF CHULA VISTA
SUBJEcr:
Safety Commission Policy - Delegating
Additional Authority
POuev
NUMBER
EFFECTIVE
DATE
PAGE
40f5
)
ADOPTED BY: Resolution 17833
110-09 3/14/95
I DATED: 3/14/95
A. PUBUC INQUIRIES (continued)
4. The City Engineer prepares a report to the Safety Commission presenting his/her findings
accompanied with a recommendation to accept or deny the citizen's traffic safety improvement
request.
5. The City Engineer's report is placed on the Safety Commission's meeting agendL
6. Citizen and other affected individuals are notified of the date when their item will appear before the
Safety Commission. Notices are sent out not later than six days before the Safety Commission
meeting.
7. The Safety Commission conducts a public hearing, where staff presents their recommendation to
deny or approve the citizen's traffic safety improvement req,;,est to the Safety Commission.
8. The Safety Commission, by a majority vote of the Safety Commission, makes a determination based
on established Council policies, the Municipal Code, the California Vehicle Code, and standard
traffic engineering practices to concur with or disagree with the City Engineer's report to approve or
reject the citizen's traffic safety improvement request.
L If the Safety Commission vote affirms the City Engineer's recommendation to approve the
citizen's traffic safety improvement request, staff is authorized to implement the traffic safety
improvement.
b. If the Safety Commission, by a majority vote of the Safety Commission, affirms the City
Engineer's recommendation to deny the citizen's traffic safety improvement request, the denial
is final and will not be forwarded by staff to the City Council for their consideration unless one
member of the Council within 10 days desires to hear the item. Staff will notify Council of the
Safety Commission hearing results through the forwarding of an information memo outlining
the action taken. Appeals to the City Council from decisions of the Safety Commission or City
Engineer are a priority and will normally be scheduled for a hearing 3 to 4 weeks from the date
the appeal is filed. After conducting a public hearing, during which time the applicant and
interested parties may speak, the Council may approved, conditionally approve, or deny the
request. The City Council's decision is final.
:H-
Id -,;L XV
COUNCll.. POllCY
CITY OF CHULA VISTA
SUBJECT: Safety Commission Policy - Delegating
Additional Authority
POUCV
NUMBER
EFFEC11VE
DAn:
ADOPTED BY: Resolution 17833
110-09
I DATED:
3/14/95
3/14/95
PAGE
5 of 5
A. PUBUC INQUIRIES (continued)
c. If the Safety Commission's vote is contrary to the City Engineer's recommendation, the traffic
item will be refened to the City Council end the authority as to such matters shall, on such
referral, be vested in the City Council to be exercised on the affirmative vote of three members
of the City Council. The Commission shall not have the power to initiate or order the
implementation of a Traffic Control Measure, but shall have the power to recommend to the
City Engineer that s/he consider a proposed Traffic Control Measure. If the City Engineer shall
consider and decline to implement a Traffic Control Measure proposed by a majority of the
Safety Commission, the Commission shall. by a vote of at least four (4) Commissioners, have
the power to refer the matter to the City Council, end upon such refenal, the authority to
initiate and order the Traffic Control Measure shall be thereupon vested in the City Council. If
new information or evidence presented at the hearing discloses that the original
recommendation is no longer valid, the City Engineer may take an item off the City Council
Agenda and concur with the Safety Commission's recommendation thus waiving the appeal
process.
B. TRAFFIC PLANNING
1. Any precise plans or site plans for the construction of buildings or facilities that are proposed to be
built adjacent to or having access to or impact on major streets which, in the opinion of staff (i.e.
Director of Planning, Director of Public Works. or City Engineer) I!!!X in light of the
plens submitted create the potential for a hazardous condition which maY have a detrimental effect
on vehicular or pedestrian traffic, will be forwarded. through the City Engineer, to the Safety
Commission for review. evaluation. and recommendations.
2. The Safety Commission shall evaluate said precise plans and site plans in reference to their effect
upon traffic problems. and shall submit their recommendations to the Planning Commission and
City Council at the time such plans are considered by said bodies.
3. Trial Traffic Regulation. Municipal Code 10.12.030 - In cases where authority has been delegated to
the Safety Commission end City Engineer to approve traffic control devices, the Safety Commission
will hereby be authorized to approve the installation with the conCUrTence of the City Engineer's
recommendation.
4. The Safety Commission will adopt a recommendation embodying such regulation. or eny part
thereof, after the a.month trial period or which regulation shall cease to be effective. Where an
ordinance is required for final approval. the Safety Commission will forward their recommendation
to the City Council for adoption of the ordinence embodying such regulation.
/2.'c2~
~6
Chapters:
10.04
10.08
10.12
10.16
10.20
10.24
10.28
10.32
10.36
10.40
10.44
10.48
10.52
10.56
10.60
10.62
10.64
10.68
10.72
10.76
10.80
10.84
10.86
NOTE:
Title 10
VEmCLES AND TRAFFIC
General Provisions.
DefInitions.
Traffic Administration.
Enforcement of Traffic Laws.
Accident Reports.
Traffic Control DevIces.
DrIving Rules.
ThroUllb Stn:ets and Stop intersections.
Yield Rlgbt-of-Way Streets.
Turning Movements.
One-Way Streets and Alleys.
Speed Regulations.
Stopping. Standing and Parking.
Parking Meters. ParkIng Meter Zones and Permit Parking.
Loading Zones.
Parking Violations and Enforcement.
Truck Routes.
EIIIB&:ERf3 Yehieles. fReserved1
Bicycles.
Pedestrians.
Abandoned Vehicles.
Parking Restricted on Private Property.
Permit Parking In Residential Zones.
Footnotes are numbered throUllbout the text and are located at the end of tbls title.
.
/-1~3C)~
(R 9/95)
Cbapter 10.04
GENERAL PROVISIONS'
Sections:
10.04.010 Short title.
10.04.020 Intent and purpose of provisions.
10.04.030 ReI!IIIation and MaIntenance of schedules of streets and zones Albject to regulatory
provisions aathan-ell.
10.04.040 Criminal Provisions and Administrative Remedies.
10.04.010 Short title
This title !Title 10\ shall be known and may be cited as the "Traffic Code." (Ord. 973 11 (pan), 1966; prior
code 119.1.1).
10.04.020 Intent and purpose of provisions.
&. It is the Dumose and iDtent of the city council iD adopting this title to provide a convenient compilation of the
roles and regulations governing and controlling the movement of motor vehicles and traffic iD Chula Vista. These
roles and regulations are further intended io supplement the regulations contained iD the Vehicle Code of the State
of California in those instances where the subject matter is not covered by state traffic laws, and to _ ~
local regulations where express power is granted to local authorities to control particular subject matter. It is the
purpose of tltis title to provide standards and guidelines for the administration of motor vehicles and traffic
regulations for those departments charged with such responsibility iD the city. Certain definitions and regulations
contained herein incorporate the exact language of the Vehicle Code of the State of California and should be cited
with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not
contained herein, or if definitions or regulations contained hereiD are inconsistent with the Vehicle Code. such
definitions or regulations as found in the Vehicle Code as it exists or as it may be ommled shal1 apply. (Ord.973
il (part), 1966; prior code U9.1.2).
1l It is further the Dumase and intent of the Citv Council bv enactin2 Ordinoncp o. . which amend. Title
10 of the Chula Vista MuniciDaI Code to dele2ate to the citv emneer the resoonsibilitv and authoritv to adoDt
and nromulSlate traffic and narkina control measures nursuant to the f:tsmclnds nromu12ated bv the California
Vehicle Code and the California Denartmen! of Transoortation (CALTRANS\ Traffic Manual. with the
concunence of the Safetv Commission. that such enactment and nrocess con.~tutes the enactment of an
ordinance or resolution when reuniTed bv the lamrnaae of certain sections within Division 11 of the California
Vehicle Code throu2h which traffic and oarkiD2 control is to be exercised and effected witltin the
iurisdictionallimits of the Citv of Chula Vista.
~ It is further the intent of the Citv Council and it is here~v so authorized. that the atv enmneer. uoon the
concurrence of the Safetv Commission nl11"~mmt to Section 10 04.030. ch:;l11 have the nower and authoritv to
adoN. amend alter or modifv anv re2ulation. as defined bv Section 10.08.195. which creates or establishes
a traffic or naTlanl! control measure. Where a traffic or narkin2 control me.a...cmre ha.~ been nreviouslv adonted
bv ordinance or resolution of the Citv Council. that re2ulation mav be hereafter modified or abr02ated bv
the citv eRlnneer Dursuan! to the orocess outlined iD Section 1004 030.
10.04.030 ReI!IIIatlon and p,t.lnf....n.;e of schedules of Rreet.s and zones wbject to regulatory provisions.
aatkametl.
C-- 3
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(R 9/95)
)~~31
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replat8fj' prs'\"iaisBS sf IIHs st:le. .AU res8ltig888 aM Bfili-ft--os keretef8f8 &4a,tlll 86teelisIHag 8'\isk regukt8FY
BUJ&B\Ifl6 ''YHIJBII:t ta at wtkan.saB af tfti.s eaae aM. tile 6tate "laiSle Calle are keree)' nalle,tell _
iBsBfI'8fQteIl1l~' refenBBI keniB. BB if Bet feFdi is WI. }~t S1:lsk time QB Bahl regYkt8F}' N68lu8BBS HMl BF..1:----es
IB8Y, frem _8 t8 timl, lie IIBIMOd. 8' mBllified \'y *e ei~ IiBHSil, Bd. _1-..1-1. aM IBBilHisaB886 -LA'1 he
iBesfII8Nted _0 die IpJIfepfiate liI.ellul,. illiter'6 Rete: 'Fha sm,s.A-":va lets ef tile S9UIISiI,IU:I'9UIBt ts &ueh.
EJ9B.odules, .._..1-Ral_ 1!y MsslvseB aT erEii----g, as reflUind 1!y 1118 '.'_ele Cedi af tile stat. sf C'olifeFBis, art
__Md Hi *8 emsl 8f tkl ei~ slefk, die dine'sF sf'lI.lIlis W8Hs aM *1 ,alisl U,artJRIBI. (OF..~] 11
~~, 19"; ,fiBf uod. 119.44.1 ~~).
A.
!L.
~
Subiectto Section 10.04 0300 the Citv Council at the concurrence of the Citv Manuer. hereby dele2ates
the authoritv and resnonsibilitv to establish and maintain vehicular and nedestrian traffic and narkinll control
measures. stJ:IIMJ:llrth: and reouirement...;; in the nublic ri2ht of way to the city enmneer after review by the
Safetv Commission. unless. on affumative vote of the maioritv of the membershio of the Safetv Commission.
the Commi~sion obiects to the nrooosed action by the city en~neer. in which case the matter ~hJ:lll1 be refeJTed
to the Citv Council and the authority as to such matters c:hJ:ll11 thereafter be re-vested in the City Council to
be exercised unon the affirmative vote of at least three members of the City Council.
The Safety Commission may not initiate or order the imn]ementation of a traffic control measure. but may
recommend to the citv en~neer the consideration of a nrooosed traffic or narkinll contra] measure, If the
city emrineer dec]ine!i: to imnlement a traffic or narkim! control mp.J:llal1"P. recommended by the Safety
Cnrnmission. the Safety Commission may refer the matter to the City Council. and. fotlowin" such referral.
the authority to imnlement or order the narticular traffic safety measure t'P-C"..nmmended by the Safety
Commission shatl be vested in the City Council.
The Safetv ('nmmission shaJl utilize the standards and orocedures established in the California Vehicle Code
and the State of California lCAL TRANS) Traffic Manual in its deliberations and recommendations. but may
base its recommendations to the city enllineer or City Council when annticahle. uoon other matters of nubtic
ooticv affectintl traffic safetv.
n..
The citv eDlrineer shall exercise the resoonsibilitv and authoritv hereby dele2ated for the determination.
desi 2n. administration and enforcement of traffic and oarkin2 control measures and installation of devices _
consistent with the standards and warrants contained in the latest effective edition of the State of California ,A,W'-
1'raffic Manual as amended. a cony of which is on file in the affiee...tyf we cuv ClerK....." :g"'-1m...nt No C_ - \\. \J~
. TheL:ifv eDlzineer shan nromntly file ttMk th~~""i any amenc1ments to or later editions {" ~~J1. (
of the State of California lCAL TRANS) Traffic Manual or successor manuals oromul2ated bv the State of '-'
California oursuant to the authority of the California Vehicle Code and UDOn filin2. those standards will
become annlicable to the determinations and remJ1ations adooted by the city erurineer
.1
~
~
Excent as nrovided in Section 10 52 070. no traffic control measure or narking control mf"lHmre ~hJ:lll1 be
enforceable nor chJ:lll1 a violation be nunishable until an aODronriate traffic control device or narkin" control
device meetiIUl the Shmt1J:11rds orescribed in Section 10.04 030D is DOsted or installed Postinil or installation
chJ:llll be nr1ma facie evidence of the legality of any traffic control measure or narkiml control measure adonted
under Title 10 of the Chula Vista Municioal Code.
1:.
Administration and MaintenJ:llnrJl! of Rf'!C'..nrds by the city en~neer ChAll be as fol1ows:
.L.
The city engineer chJ:lll1 file with the City Clerk and the Chief of Police conies of al1 administrative
intemretations and determinations made o=tto Section 10 04.030 which 20vem the installation
and aclministration of traffic control mf".1Ial~ and narkinll control measures in the Citv of Chuta Vista.
~
The citv entlineer shan maintain a remster of all schedules which establish oarkinil and traffic conttol
measures for streets within the City. and chSl11 incomorate into those schedules the ~treets. zones and
(R 9/95)
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/r2- J c2
intersection~ and restrictionc: or 1imhations nreviouslv Hsted in Schedu1e~ I tbmu"h XVI 3.." were
nreviouslv codified in Title 10 nrior to their renea1 bv Ordinance 0- . Tbe reneal or
amendment of those sections by Ordinance 0- is intended to merely delete reference
to the street desi~na.tions within the text of the Municinal Code. Parkin~ and traffic control m~~~nTPS
uoon those street" zones and intersections ~h21l be Acfm;nistered bv the citv enoinfl'f"T nu.rsuant to
Section 10 04 030
~ Excentions: The Citv Council reserves the ""ht to "":ar.t nrdimlnt'~s and resolutions. and the citv emrineer
J::h:al1 make recommendation" to the Council as aDDronriate on the following matters:
L. Traffic control measures bud~eted bv the Citv as a CaoitaI T~nmvfl1'nf"nt Pmiect bnd2:et
~ SneciaJ event remlations estab1ishin~ and maintainil1ll traffic como) mea.cmres for meciaJ event" and
t'J1TTImunitv events usini! the DUbHc rimt of wav.
~ Re\!Ulations adonted nursuant to California Vehicle Code 12110Ha) and (c)
4. Traffic Control Measures Affecting Cnmmunitv Business~s. and having an imOatt on the availahilitv
of narkim! within business district." inc1udin~ but not 1imited to. an~le DarkiIU! and installation of
Darkin~ meters.
i.. Parkin2 and uaffic rel!U!ations on nrivate nronerty and roads nursuant to California Vehicle Code
621107 and 21107.8.
~ Ordinances or resolutions which amend. modify or restrict the authority of the city en.nneer or which
establish nolicv to llUide the citv enl!ineer's exercise of authontv nursuant to this Code.
1.. Establi<hment of narkin2 meter zones and narkin2 fees nursuant to Vehicle Code Section 22508.
~ Establishment of sneed limit. nursuant to California Vehicle Code Sections 22357 and 22358.
H.:. Emen!encv and Road Com\truction events - The citv en~ineer's authonN regardirul the adontion of traffic and
Darkin(! control measures for emer(!encies and road construction is as follows.
1. Road Construction. Tbe authority to establish and maintain uaffic control measures for road
construction event." shall be vested solelv in the citv en,"ne~r. unless overroled hv the affirmative vote
of three members of the Citv Council Referral to and concurrence of the Safetv Commission is not
reauired. The city engineer shall. under the following ciTM1m!O:tances. advise the Council a min;mum
of seven dayS in advance in writinQ of the foIlowin2 nroDOsed uaffic control measures exercised under
the authority of this suhsection:
L The nfooosed measure mav involve comnlete road closures on any mad:
h.. The Drooosed mea..~ may involve sir!n.ificant interference with traffic on high volume road~:
~ The nrooosed me.a..~ may involve 10D1:! term narti.a:l road closures on any mad:
iL. The nrooosed mf"~a1Tf" mav involve interference with ""('IIIoC~ to anv bn.c::iness:
~ The Drooosed mea..'ffife mav involve the rerouting of traffic throu2h. residentisa1 &.rea.".
~ Emergencv traffic rellUlations The citv enm.neer mav enact emergency traffic remlation." with the
. concurrence of the Chief of Police when necessarv to immediately Dreserve the DubHc health safety
and welfare and shall reoort the ..me to the City Council within seven days. Emer2enev uaffic
),J - J ')
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e,.-
(R 9/95)
rernlations !i:h~11 remain valid and effective until set aside or modified bv the City Council. Referral
to the Safety Commission is aDtional.
Section 10.04.040 -
Criminal Provisions and Administrative Remedies.
A.. General Provisions. It is unlawful for any nerson to disobey the directions of any traffic control device or
Darkin2 control device within the City of Chula Vista. This section .h.ll be cited as authority exceot when
a more medlic Drovision is contained in the California Vehicle Code or elsewhere in Title 10 of the Chula
Vista Municinal Code. in which case the more snecific nrovisions will he used.
JL. Adm;nistrative Remedv. Anv nerson who contends that a traffic or DarnnE! control measure or device was
not Dromul2ated or installed accordin2 to the re2ulations contained in Title 10 or the California Vehicle Code
may netition the Safety Cnmm;ssion to examine the matter. and may anneal that detenn;n~tion to the City
Council within 10 dayS followin2.
(R 9/95)
~ /')~]L/
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Chapter 10.08
DEFINITIONS'
Sections:
10.08.010 Definitions.
10.08.020 Alley.
10.08.030 Bicycle.
10.08.031 Bicycle dealer.
10.08.032 Bicycle Jane.
10.08.033 Bicycle path.
10.08.034 Bicycle route.
10.08.040 Bus.
10.08.050 Bus loading zone.
10.08.060 Business district.
10.08.070 Council.
10.08.080 Crosswalk.
10.08.090 Curb.
10.08.095 Cyclist.
10.08.100 Divisional Island.
10.08.110 Holidays.
10.08.120 Loading zone.
10.08.130 Official time standard.
10.08.140 Park or paridng
10.08.145 Parkin.. Control Measure
10.08.146 Parkin!! Control Device
10.08.150 Parking meter.
10.08.160 Parkway.
10.08.170 Passenger loading zone.
10.08.180 Pedestrian.
10.08.190 Police officer.
10.08.195 Rel!Ulation
10.08.200 Stop or stopping.
10.08.210 Taxicab stand.
10.08.215 Traffic Control Measure
10.08.216 Traffic Control Device
10.08.220 Vehicle Code.
10.08.010 Definitions.
The following words and phrases, when used in this title. shall for the purpose of this title have the meanings
respectively ascribed to them in this chapter. Words and phrases defined herein in the language of the Vehicle Code
of the state of California shall be cited by the section number of said Vehicle Code as indicated. Whenever any
words or phrases used herein are not defined but are defined in the Vehicle Code and amendments thereto, such
definitions shall apply. (Ord. 973 Al (part), 1966; prior code U9.1.3 (part)).
10.08.020 Alley.
. Alley. means any public highway having a roadway not exceeding twenty-five feet in width, which is
primarily used for access to the rear or side entrances ofabutting property. (Cite Section llOVehic1e Code.) (Old.
973 ~l (part), 1966; prior code U9.1.3.(A)).
(R 9/95)
~ ) J- ~].c;--
10.08.030 Bicycle.
"Bicycle" means any device upon which any person may ride, propelled by human power through a belt,
chain or gears, and baving either two or three wheels in tandem or tricycle arrangement, excepting therefrom any
such device not more than three feet in height used by small children.. (Ord. 1830 II (part), 1978; Ord. 973 U
(part), 1966; prior code 119.1.3(B)).
10.08.031 Bicycle dealer.
"Bicycle dealer" means any person, fum, partnership or corporation which is engaged wholly or partly in
the business of selling bicycles, or buying or taking in trade bicycles for the purposes of resale, selling or offering
for sale, or otherwise dealing with bicycles, whether or DOt such bicycles are owned by such person or entity. The
term also includes agents or employees of such person or entity. (Ord. 1830 U (part), 1978).
10.08.032 Bicycle lane.
"Bicycle lane" means any lane within the roadway designated by signs and markings for the operation of
bicycles. (Ord. 1830 II (part), 1978).
10.08.033 Bicycle path.
"Bicycle path" means any specifically designated area for bicycle travel, physically separated from the
roadway. (Ord. 1830 II (Part), 1978).
10.08.034 Bicycle route.
"Bicycle route" means any route recommended for bicycle travel which may include bicycle paths and public
streets for accommodating bicycle riders. (Ord. 1830 U (part), 1978).
10.08.040 Bus.
"Bus" means any motor vehicle, other than a motor truck or truck tractor, designed for carrying more than
nine persons including the driver and used and maintained for the transportation of passengers. (Cite Section 233
Vehicle Code). (Ord. 973 II (part), 1966; prior code 119.1.3(C)).
10.08.050 Bus loading zone.
.Bus loading zone" means the space adjacent to a curl> or edge of roadway reserved for the exclusive use of
buses during loading and unloading passengers. (000.973 U (part), 1966; prior code 119.1.3(D)).
10.08.060 Business district.
"Business district" means that portion of a highway and the property contiguous thereto:
A. Upon one side of which highway, for a distance of six hundred feet, fifty percent or more of the contiguous
property fronting thereon is occupied by buildings in use for business; or
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(R 9/95)
B. Upon both sides of which highway, collectively, for a distance of three hundred feet, fifty percent or more
of the contiguous property fronting thereon is so occupied.
A business district may be longer than the distances specified if the above ratio of buildings in use for
business to the length of the highway exists. (Cite Section 235 Vehicle Code).
(Ord. 973 U (part), 1966; prior code U9.1.3(E)).
10.08.070 Council.
"Council" means the council of the city of Chula Vista. (Ord. 973 II (part), 1966; prior code 119.1.3(F)).
10.08.080 Crosswalk.
"Crosswalk" means:
A. That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks
at intersections where the intersecting roadways meet at approximately right angles, except the prolongation
of such lines from an alley across a street; or
B. Any portion of a roadway distinctly indicated for pedestrians crossing by lines or other markings on the
surface.
Notwithstanding the foregoing provisions of this section, there sha11 not be a crosswalk where local authorities
have placed signs indicating no crossing. (Cite Section 275 Vehicle Code).
(Ord. 973 II (part), 1966; prior code 119.1.3(H)).
10.08.090 Curb.
"Curb" means the lateral boundary of the roadway, whether such curb be marked by curbing construction
or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from
parking strips in the center of a street or from tracks or rights-of-way of public utility companies. (Ord. 973 II
(part), 1966; prior code 119.1.3(H)).
10.08.095 Cyclist.
"Cyclist" means any bicycle operator. (Ord. 1830 II (part), 1978).
10.08.100 Divisional Island.
"Divisional island" means a raised is1and located in the roadway and separating opposing or conflicting
streams of traffic. (Ord. 973 U (part), 1966; prior code 119.1.3(1)).
10.08.110 Holidays.
"Holidays," within the meaning of this chapter, are the first day of January, the third Mondav in Januarv.
the twelfth day of February, the third Monday in February, last Monday in May, the fourth day of JuJy, the first
Monday in September, the ninth day of September, the second Monday in October, the eleventh day of November,
the twenty-fifth day of December and Thanksgiving Day. When any of the holidays listed in this section fall on
(R 9/95)
yro /~ /_J 7
Saturday, the preceding Friday shaIl be deemed to be a holiday in lieu of the day observed, and when any of the
holidays listed in this section fall on Sunday, the following Monday shal1 be deemed to be a holiday in lieu of the
day observed. (Ord. 1663 fil, 1976; Ord. 973 II (part), 1966; prior code fil9.1.3(J)).
10.08.120 Loading zone.
"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the
loading or unloading of passengers or materials. (Ord. 973 II (part), 1966; prior code 119.1.4(K)).
10.08.130 Official time standard.
"Official time standard." Whenever certain hours are named herein, they mean standard time or daylight
saving time, as may be in current use in this city. (Ord. 973 fil (part), 1966; prior code fil9.1.3(L)).
10.118.140 Park or parking.
"Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than tempOrarily
for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (Cite Section
463 Vehicle Code). (Ord. 973 fil (part), 1966; prior code fil9.1.3(M)).
10.08.145. "Parkin.. c:ontrol measure"
.Parking control measure" means anv nrmmun method or system used to regulate the narkirn! of vehicles. It
includes the instaIlation of a Garkin. control device.
10.08.146 . "Parkin. c:ontrol device"
"Parkini! control device" means and includes any shm martini!. curh Daintin1! or similar device m;ed to rernlate
the Garkio. of vehicles as recornized and Grescribed in the California Vehicle Code and the State of California
Traffic Manual The term may he used interchgmleahlv with .sian" within Title 10
10.08.150 Parking meter.
"Parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately
adjacent to a parking space for the purpose of controlling the period of time for the occupancy of such parking space
by any vehicle. (Ord. 973 fil (part), 1966; prior code fil9.1.3(N)).
10.08.160 Parkway.
"Parkway" means that portion of a street other than a roadway or a sidewalk. (Ord. 973 fil (part), 1966;
prior code 119.1.3(0)).
10.08.170 Passenger loading zone.
Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during
the loading or unloading of passengers. (Ord. 973 II (part), 1966; prior code 119.1.3(p)).
lJ~_3f{ ~
(R 9/95)
10.08.180 Pedestrian.
"Pedestrian" means any person afoot. (Ord. 973 II (pan), 1966; prior code U9.1.3(Q)).
10.08.190 Police officer.
"Police officer" means every officer of the police depanment of the city or any officer authorized to direct
or regulate traffic or to make arrests for violations of traffic regulations. (Ord. 973 II (pan), 1966; prior code
119.1.3(R)).
10.08.195 - R.....lation:
The term -retrnlation- when used in Title 10 of the Chula Vista MunicjnaJ Code m,.~m: ODe or more
ordin~n('P-S or resolutions that have been or may be adonted bv the Citv Council. or a traffic remlation adonted and
nromulllated bv the citv engineer nl1ral~nt to the aufhoritv and nrocedure contained in Section t 0.04.030 of this code
for the adontion and imnlementation of traffic and narkinll control measures.
10.08.200 Stop or StoPpllll.
"Stop" or "stopping" when prohibited, means any cessation of movement of a vehicle, whether occupied or
not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer
or official traffic control device or signal. (Ord. 973 U (pan), 1966; prior code U9.1.3(S)).
10.08.210 Taxicab stand.
"Taxicab stand" means a space adjacent to a curb reserved for taxicabs to stand and wait for passengers.
(Ord. 973 II (pan), 1966; prior code 119.1.3(T)).
10.08.215 - "Traffic control measure".
A traffic control measure means anv nrOi.!ran1 method or system used to remlate. warn or smide the
movement of traffic. vehicles and oedestrians. as recollIlized and orescribed in the California Vehicle Code and the
State of California Traffic Manual. It includes the installation of traffic control devices.
10.08.216 - "Traffic control device".
A -traffic control device- means any sim. markinll or device used to remlate. warn or smide the movement
of traffic nedestrians and vehicles. includinL! but not limited to. siL!ns. n3vement markinL!s and other markers as
mav aoolv. but it excludes roadwav desim features delineated in California Vehicle Code &440. The term mav be
u.~ed interchamreablv with "sign" within Title 10.
10.08.220 Vehicle code.
"Vehicle Code" means the Vehicle Code of the state, as amended. (Ord. 973 U (pan), 1966; prior code
U9.1.3(U)).
(R 9/95)
~
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Chapter 10.12
TRAFFIC ADMINISTRATION'
Sections:
10.12.010 Police department powers and duties.
10.12.020 City engineer powers and duties.
10.12.030 Emergency regulations and tria1 of new regulations authorlzed- Procedure.
10.12.010 Pollee department powers and duties.
The police department shall:
A. Enforce the provisions of this traffic code and all the state vehicle laws applicable to street traffic in this city.
te make arrests for traffic violations, te investigate traffic accidents and te cooperate with the city engineer
and other officers of the city in the arlm;n;.tration of the traffic laws and in developing ways and means to
improve traffic conditions and te carry out those duties imposed upon said department by this chapter; and
B. Cooperate with the city engineer in conducting studies of higb accident frequency locations and detennining
remedial measures; and
C. Maintain a suitable system of filing reauired traffic accident reports. Accidents, reports or cards referring
to them shaH be filed aI~l>eIIelieally toy leealioB chronolOlricallv. Such reports shall be available for the use
and information of the city engineer; and
D. Prepare annually a traffic repon which shall be filed with the city council. Such a repon shall contain
information on traffic matters in this city as follows:
I. The number of traffic accidents, the number of people kiHed, the number of persons injured and other
pertinent traffic accident data,
2. The number of traffic accidents investigated and other pertinent data on the safety activities of the
police department,
3. The plans and recommendations of the department for future traffic safety activities.
(Ord. 973 *1 (pan), 1966; prior code ~19.2.1).'
10.12.020 City engineer powers and duties.
The city engineer shall:
A.. Excent where reserved bv the City Council DUrSUant to Council oolicv or as set fonh in Section 10.04.0300.
the citv en,"neer. with the CQDCUITence of the Safetv Cnmm;ssion. ~h211 have the nower to adODt traffic and
narkiml control measures and instal] modify or alter traffic and mlT1r1no control devices.
A.J!.. Determine the insta11ation, proper timing and maintenance of official traffic control devices, te conduct
engineering analysis of traffic accidents, and te devise remedial measures, te conduct engineering
investigation of traffic conditions, and te cooperate with other city officials in the development of ways and
means improve traffic conditions. Whenever, by the provisions of this code, a power is granted to the city
engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or
~ /d-~J(V
(R 9/95)
by a person authorized in writing by him. Whenever the city engineer makes a detennination authorized by
this chapter, pursuant to the provisions of the California Vehicle Code, the violation of which is a
misdemeanor, said determination shall promptly be filed in writing by the city engineer with the city clerk
and the chief of police, so that enforcing officials shall be aware of any changes or modifications of
regulatory determinations; and
~ Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic
accidents; and
~D. MaintainscheduJes relating to *e ,&filii. ef-;elHeles, diNsseRef.s\..... efaFafB.e, spIed. 88&18, tM8tIIk
h:igltways, tFuEik f81HIS. ad step MIss narkinll and traffic control m~~IIi:n1'fO~ and devices on city streets as
provided by 8r4i----Ia Sf l8SelHfiiSBfi 8"18\"811 &Bd regulations promulgated pursuant to this code.
(On!. 973 f1 (part), 1966; prior code 119.2.2).
10.12.030 Emergency replations and tPial If RMT fy-'-~1811& ..he""!. Pt-Bndere.
A. The police department is empowered to enforce regulations necessary to make effective the provisions of Ibis
code. In the event of fire, emergency or special events the police deparanent is empowered to establish and
enforce temporary traffic regulations.
B. For the purpose of minimi7ing traffic hazards and traffic congestion and for the promotion of public safety,
the city engineer is authorized to establish any traffic regulation for a trial period of eight months DOt
withstanding the provisions of section 1O.04.030G, provided that:
I. Prior to the commencement of any trial period a copy of the proposed regulation shall be sent by the
city engineer to the council, together with a statement of the reasons therefore; and
2. Such trial period shall begin upon the posting of signs or other appropriate notices to the public.
c. If a resolution embodying such regulation, or any part thereof, is DOt approved after the eight-month trial
period, such regulation shall cease to be effective.
D. The city engineer may test traffic-control devices under actual traffic conditions.
E. Regulations to control the direction of movement of traffic and the parking of vehicles on streets within the
city shall be enacted pursuant to the authority of this section.
(Ord. 973 II (part), 1966; prior code 119.2.3).
!!!!!
.
(R 9/95)
~ /;2-Lj/
Chapter 10.16
ENFORCEMENT OF TRAFFIC LAWS'
Sections:
10.16.010 Traffic directlon-Authorized-Emer&ency authority.
10.16.020 Traffic direction-By UIUIuthorized persons prohibited.
10.16.030 Compliance with lawful orders required.
10.16.040 Traffic dlrectlon-Spedal authority for Jarae ptherinp.
10.16.050 Noncompliance deemed misdemeanor.
10.16.060 Interference with or obstruction of lawful actions prohibited.
10.16.070 Applicability and scope of rqulatlons.
10.16.080 Exemptlons-Deslenated.
10.16.090 Exemptions-Requirements to uerdse due care not affected.
10.16.100 Exemptions-Parking or standlna of certain .ehlcles pennitted when.
10.16.010 Traffic directlon-Authorized-Emeraency authority.
Officers of the police department and such officers as are assigned by the chief of police are hereby
authorized to direct all traffic by voice, hand, audible or other signal, in confonnance with traffic laws, except that
in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police
department or members of the fire department may direct traffic as conditions may require, notwithstanding the
provisions to the contrary contained in this chapter or the Vehicle Code. (Ord. 973 f1 (pan), 1966; prior code
f19.3.I(A)).
10.16.020 Traffic direction-By UIUIuthorized persons prohibited.
No person other than an officer of the police department or members of the fire department or a person
authorized by the chief of police or a person authorized by law shall direct or attempt to direct traffic, by voice,
hand, or other signal, except that persons may operate, when and as herein provided, any mPrh.nical pushbutton
signal erected by the city engineer. (Ord. 973 fil (part), 1966; prior code fiI9.3.1(B)).
10.16.030 Compliance with lawful orders required.
tIe J!8fDeR sBalllt is unlawful for anv Derson to fail or refuse to comply with any lawful order, signal or
direction of a traffic or police officer or a member of the fire department or a person authorized by the chief of
police or by law. (Ord. 973 f1 (pan), 1966; prior code fiI9.3.1(C)).
10.16.040 Traffic direction-Special authority for Jarae ptherIngs.
At places where large numbers of people and vehicles are to gather or have gathered, nothing in this chapter
shall be construed to prevent any police officer from prohibiting any person from parking any vehicle upon or using
any street or sidewalk, or from prohibiting any pedestrian from using any street or sidewalk, and said police officer
shall have authority to direct the parking of vehicles in any reasonable manner, way
or direction, and it is hereby decJared to be unlawful for any person to fait to promptly obey said police officer's
order, signal or rnmm.nrl, regardless of any other provision of this chapter. (Ord. 973 f1 (pan), 1966; prior code
f19.3.1(D)).
10.16.050 Noncompliance deemed misdemeanor.
yr5
/~ -t/.;L
(R 9/95)
It is a misdemeanor for any person driving any vehicle, or other conveyance upon any street, or any
pedestrian, to do any act forbidden, or to fail to perform any act required under this title. (Ord. 973 11 (part),
1966; prior code ~19.3.2(A)).
10,16.060 Interference with or obstruction of lawful actions prohibIted.
No person shall interfere with or obstruct in any way any police officer or other officer or c:mployee of this
city in their enforcement of the provisions of this title. The removal, obliteration or concealment of any chalk mark
or other distinguishing mark used by any police officer or other employee or officer of this city in connection with
the enforcement of the parking regu1alions of this title shall, if done for the purpose of evading the provisions of
this title, constitute such interference or obstruction. (Ord. 973 11 (part), 1966; prior code fI9.3.2(B)).
10.16,070 AppUcability and scope of regulations.
The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the
United States government, this state, any county, or city, and it is unlawful for any such operator to violate any of
the provisions of this title, except as otherwise permitted or exempted in this chapter or in the California Vehicle
Code, or required by federal law. (Ord. 973 AI (part), 1966; prior code ~19.3.2(C)).
10.16.080 Exemptions-Desipted.
The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to the
following authorized emergency vehicles when operated in the manner specified herein pursuant to the requirements
of the Vehicle Code as amended. An authorized emergency vehicle is:
A. Any publicly owned ambulance, lifeguard or lifesaving equipment;
B. Any publicly owned vehicle operated by the following persons, agencies or organizations:
I. Any forestry or fire department of any public agency or fire department organized as provided in the
Health and Safety Code, and
2. Any police department, sheriff's department or the California Highway Patrol,
3. The district attorney of any county or any district attorney investigator,
4. Any constable Or deputy constable engaged in law enforcement work,
S. Peace officer personnel of the Department of Justice; and
C. Any vehicle owned by the state, or any bridge and highway district, equipped and used either for fighting
fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or
electrical equipment; and
D. Any state-<>wned vehicle used in responding to emergency fire, rescue or communications calls and operated
either by the California Disaster Office or by any public agency or industrial fire department to which the
California Disaster Office has assigned such vehicle; and
E. Any state-<>wned vehicle operated by a fish and game warden; and
F. Any vehicle owned or operated by any department or agency of the United States government when such
department or agency is engaged primarily in law enforcement work and the vehi~le is used in responding
(R 9/95)
~/~ _L/j
to emergency caUs, or when such vehicle is used in responding to emergency fire, ambu1ance or lifesaving
calls. (Cite Vehicle Code Section 165.) .
(Ord. 973 ~I (pan), 1966; prior code ~19.3.3(A)).
10,16.090 Exemptions-Requirement to exercise due care not affected.
The foregoing exemptions shaU DOt, however, relieve the operator of any such vehicle from the obligation
to exercise due care for the safety of others or the consequences of his wilful dimgard of the safety of others.
(Ord. 973 f1 (part), 1966; prior code f19.3.3(B)).
10.16.100 Exemptlons-ParklDI or standlDl of certain ...ehides penn1tted when.
The provisions of this tide regulating the parking or standing of vehicles shall DOt apply to any vehicle of a
city department or public utility while oec~ssa..uy in use for construction or repair work or any vehicle owned or
operated by the Uuited States Post Office while in use for the collection. transpOrtation or delivery of United States
mail. (Ord. 973 ~I (part), 1966; prior code ~19.3.3(C)).
y /,;2-l:~Y
(R 9/95)
Chapter 10.20
ACCIDENT REPORTS'
Sections:
10.20.010 Required when.
10.20.020 Contents required.
10.20.030 Delay in filing permitted when-Time lliuit.
10.20.010 Required when.
The OPC1"'tor of a vehicle or the person in charge of any anima1 involved in any accident resulting in damage
to any property publicly owned or owned by a public utility including. but DOt limited to, any fire hydrant, parking
meter, lighting post, telephone pole, electric light or power pole, or any accident resulting in damage to any tree,
traffic control device or other property of a like nature located in or along any street, shall, within twenty-four hours
after such accident, make a written report of such damage to the police department of the city. (Ord. 973 f I (pan),
1966; prior code fl9.3.4(A)).
10.20.020 Contents required.
Every such report shall state the time when, and the place where, the accident took place, the name and
address of the person owning and of the person operating or in charge of such vehicle or anima1, the license number
of every such vehicle, and shall briefly describe the property damage in such accident. (Old. 973 f I (part), 1966;
prior code fI9.3.4(B)).
10.20.030 Delay In filing permitted when-Time limit.
The operator of any vehicle or the person in charge of any anima1 involved in an accident shall not be subject
to the requirements or penalties of this section if and during the time he is physically incapable of making a report,
hut in such event he shall make a report as required in Section 10.20.010 within twenty-four hours after regaining
ability to make such report. (Ord. 973 fl (pan), 1966; prior code fl9.3.4(C)).
y /Jc2 ~J/~
(R 9/95)
Sections:
10.14.010
10.14.020
10.14.030
10.14.040
10.14.050
10.14.060
10.14.070
10.14.080
10.14.090
10.14.100
10.14.110
10.14.UO
10.14.130
10.14.140
10.14.150
10.14.166
10.14.170
Chapter 10.14
TRAmc CONTROL DEVICES'
IDstaIlatlon-Clty engineer powers and duties.
IIWtaIlatisR '''.risen aHtha,gtd "" 'febiele (8d~ Retjllired. Deleted
IBstaIlaU8R lulEJit.iaB8:1Ile:fiees ItIItkePiRd hy eity. Deleted
RellBired far mfafeellleRt .....8S~ wheB. Deleted
Obedience required-Exceptions.
IMteIlatisR 1.8 eatis8 'R here "1IIIiNd. Deleted
11"'8. far dEi2l'lllinin& 1._188. Deleted
Street name slens required when.
Removal, relocation or discontinued opention authorized when.
Lane MUIane. Deleted
ReaM".,. 111ft! _II --~'hiftlS. Deleted
Rs1:lfti 8r e,eratisR. Deleted
Curb painting-When authorized.
Curb painting-Red authorized for certain driveway areas when.
Traffic barrier and slens-Compllance required.
New pavement and marldng me nstrictlons.
Traffic barriers and slens-Approved type- Tampering with prohibited.
10.14.010 IDstallation-Clty engineer powers and duties.
The city engineer shall have *0 ,STer &Be duty ae ,lase HI! --:_6_:8, af aause te 88 ,laeed &:BEl instal) and
maintaine4, official uaffic control devices when and as required 10 make effective the provisions of this title. (Ord.
973 U (part), 1966; prior code fI9.4.1(A)).
19.11.9JO 1nRf1llatisR ~3keR ...heM. ..) V_ele Cade RellaiJled.
'."3;keBP'eT *e '.~ehie]e CBse FltfU:i.res fer *8 .Keath laess sf 8:B7lJfsvisisB therlaf_. tftfiia os8&91 Hviees
'he iB6!6llea 'e gi', e BSkes Sa dn l'1i6lia sf *e apJ1lisat:isB sf weB lev,,", ske si~' I&giB.er is Blfe1Jy alltBsmud t8
iBStall Sf eRse ts 1te iBstal.llS ske .019&11)' devises sHjeet ts &Bt5. I__BDS af NSlfietisBB 8et feM Hi tile Ifi,'
_",Heald! *&8t8. (grs. 91~ II &tart), 19"; 'Rsf Bsdl 119.1.lfR)).
19.J1.9~9 lnItaHatie8 !_"ditianal"(!Ifiees .atheNe" 113 !it).
'Rie si., '&liMer 1B8)" alBB ,1800 aM. maisWB af BINSI tB 1Ii1 ,laild &B4 -_:-~-:Bld holt -..u:tiBBBI traffie
88_el d.':ie.s as ~. hI BlBlssary Sf 'fo,er ts regulatl lfIfie ef ts guide 8f WHit trafie as IqUiFtul hy tAis a~e
Sf ....RBi.aeIl1li) [UOMBR tQ t:J.QiQ. (Qnl. Wi 11 EPaA1, 19"; ,RBr 1i8ds JI9.i.tEe)).
11"21.910 Be.....,.!.. faf enf'areeRIeRt ''''81e1 when.
~I8 'F8 :iBiBS af till V_ell CadD Sf af 1his ail. f8f whisk sigss ue ...w...if _'-_11 1Iie &feNeif ..BiBBt 8B.
alleged \"iaJet8r &Bless a'Jlfs,riete 1.gitJle siges ...e is ,180B gi-\'iBg 8BtiSI sf 811811 flr9VisisB6 sf tlte 1Rftie laws.
"Ieevef a ,artisuler s89sia8 da.s set 8tH. lhat sfieial tflfiie lis_al Mvia.s aN NtfU:iNif, BU_ sleseB _1._11 he
.ffeB~e ~:.8 tkeugkBa ":isls an Ifutld sr iB,18se. (9,,1. 97) it Ef1Bft.), 19"; ,Rer sed. 119.1.1).
.Y/ ;2-1/::;
(R 9/95)
10.24.050 Obedience required-Exceptions.
The operator of any vehicle or train shall obey the instructions of any official traffic conrrol device placed
in accordance with this chapter unless otherwise directed by a police officer or other authorized person subject to
the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. (Ord.
973 ~I (part), 1966; prior code ~19.4.3).
to.14,NO lnstallatlsR Le.1lell8 wilen "flUlreEl.
1=118 Bhy e-g -If is 1i.1M3) .reBtlll au*erHed 18 iBsteH a&d --:-..:. eflieiel tnftis siV-1- at *868
iBtefS8SYBBfi &BEl B*er piau us ~:k.re srafis oB_ElitisM ar8 SQ. B6 18 reEfU:i.N ... *8 Rs'IR: af &aftie ~. 8Itef:Batelj"
iBt8~t-eElIBEl 8]a&e1ul iB BfEler Ie IUS' is. af fin.... trafie saBBlsaies 9r 18 'fettet life ef '18'1"" Hem
e:se,tieB&l '-----11 8B deMit_iBId },y "'6 eha,tor Sf 'ej" BFdi----g Sf NselHBR sf aM SLNBgil HNAgSR. (9fd. ~]
It (Jim). 19", 'RBf ielle 119.1.1(1.)).
10.11.070 ~feQ811s fer lIet__Lt!niRIIBeatisR.
The si~' eegiBle, .1--1] Hoe_B, deteABiae Hit FlBO--.1MI 18 die SB'tiBiil a. 180_98& 'it]!,,, IN. sir-1-
tAmE! BRRtrA] se":iees are niJYif8B },y fielll iR":ISygaf:iSB, tHfie Bs-,rtu aB4 ellier HUBS iafeRBaSBa as IB8Y Be
,eRiMst asa. Bia tleteRBiuBBBB ~18f8frSHl ft'-~11 B8 _liB is B8BBF"A-ftl Vi.i. *B88 lfaffis e:agisorrriBg _ safety
ssas.Llaras IHut iBBtrueBBBS Bet feFtk is tlte Califemia tfaiBtU---ft8 JtasU81 issueil 87 .. t)i\-'iaisa af IIigkw&)'8 Bf
.. Slate af Califemia Qe'aAlBeat Bf Puelie 'LYBfliEi. glsBsR IQJH.Q3Q (9ftl. 9-71 II EP~, 1%'; ,fiBf seae
119.1.1(8)).
10.24.080 Street name signs required when.
Whenever the city engineer installs and maintains or causes to be installed and maintained an official traffic
signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible
to ttaffic approaching from all directions unless such street name signs have previously been placed and are
maintained at any said intersection. (Ord. 973 ~I (Part), 1966; prior code ~19.4.4(C)).
10.24.090 Removal, relocation or discontinued operation authorized when.
The city engineer is authorized to remove, relocate or discontinue the operation of any traffic conrrol device
not specifically required by the Vehicle Code or this title whenever he shall detennine in any particular case that
the conditions which warranted or required the installation no longer exist or obtain. (Ord. 973 il (part), 1966;
prior code ~19.4.5).
10.21.198 Yoe RUHliiRl.
'fcke ei~' e._Ir if; luMY ..8ria,a te IB8fk. Slate' liBla He. 1A__ IiMs &peR. di8 sarfaBu ef die reak;ay
tB iB~eate me B8W'Se tB Be w7/81leil \1y ":_eles &BiI ~. ,laoe sigHS ",Bruil}" lIesigBatiBg l....s SB Be 1:JSod BY
tmfiie IBs,,-iag iR. 8 ,&J1iew&f mnstiaB, HI.dles! ef the iI&ttFT liae ef tlt8 BiglKtay. EgrEt.~] 11 (i:lUi~, 19";
,fier safle 119.1.').
10.3i.ll0 R8RlhrRj silfUi anll 111.."1.....
TIt, sit} .&@iRnrif; aa.sMtrd t9 ,lInu ae. maiBMiB !lis_ski fBM"''', BlM'ls&g& lIB 118ss,",." is tile VelHsle
~8de 8B te8S. as-use sr ,uts Bf skeets wkeH tel vBIum. Bf tfaffie Sf tile .i...eBl Sf Bt8,r 8W"-.e af di. faadv:ay
feailers it '-----ilauB t8 "hoe 88 tlte left siLle af m:lGB 1B&flEiB@ af sigBB aM marlEiBgs. Elisa _h1":_g 8f MIllS Md
(R 9/95)
>j;~ Yl ..
mar.JasgB _1-.n11 hw B *0 ---0 effee1 as u:-:lar mar.JaagB ,lased. ~y *0 s1ate ..,aRiBl!IlH af ~Iie waHES ,.-.n_"
te tile flfS":i5iBB6 ef tile VeRi,,]e Cede. (9rd. 913 11 ijULft~, 19"; pRer sede 119.1.1),
Ut"1~"119 IIBBI"ti sf 8pI!FMiBR"
TIle sir; IBgiaeer -'-~11 dete-:-~ *. ke1:lfS &Bd des'!; duriBk 'iI,":I1i.eI1 ~' &afie 88811'el ..-is. -'--'1 \)8 ill
8J1efMiBs ar ~e is. 8tI88t, eKe.,. is *988 iB60S v:kere ask k81:1f5 af ~"6 are SJ1uiBell is. tIHs ti~8. (grll.~] 11
(paft), 19", pFiar eeElo 119.1.@).
10.24.130 Curb painting-When authorized.
No person, unless authorized by tIYs 8i"" the city enmneer shall pain! any street or cwb surface; provided
however, that this section shall not apply to the pointing of numbers on a cwb surface by any person who has
complied with the provisions of any resolution or ordinance of this city penaining thereto. (Old. 973 fl (part),
1966; prior code fl9.4.9).
10.24.140 Curb palnting.Red authorized for certain driveway areas when.
A. Vehicles parked adjacent to private driveways, in some cases, create hazardous obstructions to the line of
sight of motorists entering and exiting from such driveways.
B. It is the purpose and intent of the council to mitigate the dangers arising from the inability to observe
approaching vehicles, especially on heavily trafficked streets, by providing red cwb clearance adjacent to such
driveways. Such red curb shall be authorized only when the narrowness of the driveway, or the nature and
volume of the traffic on the street into which the driveway allows vehicles to pass, combined with the regular
parking of vehicles adjacent to the driveway, indicate a need to maintain sight clearance adjacent to the
driveway.
C. Upon application by the property owner or occupant and payment of the Required Fee(s), the city engineer
may cause to be painted or repainted a red curb for a minimum distance of eighteen inches on each side of
a driveway to a maximum distance as determined by the city engineer.
(Ord. 2506 fI (part), 1992; Ord. 1597 fI, 1974; Ord. 1546 fl, 1974; Ord. 973 fI (part), 1966; prior code
fI9.4.10).
10.24.150 Traffic barriers and signs-Compliance required.
No person shall operate a vehicle contrary to the directions or provisions of any barrier or sign erected:
A. Pursuant to the provisions of any 8[.:----' rel!ll1ation of the city; or
B. By any public utility; or
C. By any department of the city; or
D. By any other person pursuant to law or contract with the city; nor shall any unauthorized person move or
alter the position of any such barrier or sign.
(Old. 973 fl (part), 1966; prior code fI9.8.6).
/c2-f/!5 ~
(R 9/95)
10.24.160 New pavement and markina use restrictions.
No person shall ride or drive any animal or vehicle over or across any newly-made pavement, or freshly
painted markings in any street when a BarRer siga, sese IB6fker Sf atkar wamiag traffic control device installed
nursuant to Section 10.24 150 is in place warning persons not to drive over or across such
pavement or marking, or wILeR ~. suek devise is iB plae. indicating that the street or portion thereof is closed.
(Ord. 973 U (part), 1966; prior code AI9.8.7).
10.24.170 Traffic barriers and sllllS-Approved type-Tamperlna with prohibited.
No person, public utility or department in the city shall erect or place any barrier or sign on any street unless
said sign is of a type approved by the city engineer, and no person shall disobey the instructions, remove, tamper
with or destroy any barrier or sign lawfully placed on any street tlursuant to Section 10 24 150 by any person,
public utility or by any department of the city. (Ord. 973 AI (part), 1966; prior code AI9.8.IO).
!!!!!
.'
(R 9/95)
y /02--JI7
Sections:
10.28.0]0
It .38.9311
II1.J8.0n
10.28.040
10.28.050
10.28.060
10.28.070
111.38.11811
10.28.090
10.28.100
10.28.110
10.28.120
]0.28.]30
]0.28.]40
10.28.]50
10.28.160
10.28.]70
]0.28.180
Chapter 10.28
DRIVING RULES'
Funeral proc:ession restrictions.
tLfet8R3 ele eper.tieR replatiens. Deleted
CIiRliRI 18 .'VIRI 'fehiele 'Nhildted. Deleted
Commercial vehicles prohibited on private ways-Exception.
Riding or driving on sidewalks prohibited wben.
LimIted access roadways-Unauthorized entrances or alts prohibited.
Freeway use restrictions.
RJeeJilBI iMeneetisR ,,,eWhited. Deleted
Toy vehicle use restrictions-Skateboard defined.
Intoxicated persons-Operation or control of vehicles prohibited.
RaIlway gates and barriers.
TraIns not to block crossings-Exception.
Vehicle operation on private property-Permission requlred.
Private roads and parking lots-Intent and purpose of provisions.
Private roads and parking lots-Rules and regulations- Establishment procedure.
Private roads and parklnlllots-Rules and regulatlons-Inttiatlng resolutlon-Hearing-Notice.
Private roads and parking lots-Rules and regulations-Form and content of resolution.
Private roads and parking lots-Rules and regulations-Posting.
]0.28.0]0 Funera1 proc:ession restrictions.
No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade,
provided tbat sucb vehicles are conspicuously so designated. The directing of all vehicles 'and traffic on any street
over which such funeral procession or parade wishes 10 pass shall be subject to the orders of the police department.
(Authorized by Section 21100 Vehicle Code). Ord. 973 U (part), 1966; prior code U9.8.1).
19.18.9J9 ~f8t8re,df sperMis" 1'~"i8ns.
A '.HBR e,eHt:iag a .storeys)e ~\.ftI1 fide aBly upBS 11:1. '.----8. IBEI flJUI&r 8'" DftEluh.d _retet aed
suGS. BpeHter -I._II Bet &aFf}' ~. stAIr pelSBR Ref -'--'I 8:B~' eQier "fiBB Fide BS 8 Eetareys], lIBIess mak
.BtB(e~'ele iti ilesigBsd ia s~. lReFS .\._- 881 '.I"BB, iB vd:t:i&k .:'Bt a '&69181" ~. Rile 1IpeB tke ,,----.
8BtI regular &Oal if ".sigsed fer ~:8 ,lrsBRS, sr ...,BR &RBlker soat fiRBIy anaeked te1ke rear Sf aide Bf 1ke 9J'eHfef.
(Cite EoeiiBs :17800 YMiele Cede). (9Id. ~J 11 &Jut), 19'fi; 'Ref sede 119.8.2).
II.al.NI (:U-rRl .8 J118Tml TelUele ,..hlllited.
.Je '''geB _t._'1 Mtaek 1..:--nJlwitkhi6l1BBiIfi, Sf eatek ss, sfheldeR wi1khis t.__.II_ Sf1Jj" &BY stkerarRJ15,
ts ~. lBevHtg \"..&10 Sf tRl:i.s fer the JRlIJIBS' af fli8i":iBg Ble..', ,BY:8f "'"Hem. ECite EliseR 21712 YBlHele
Cede). (Ord. 001 11 &t~, 19"; ,FiBf iBill 119.i,3).
~ J~ - sC;
(R 9/95)
10.28.040 Commerclal vehicles prohibited on private ways-Exception.
No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or
sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or
markings are in place indicating that the use of such driveway is prohibited. For the purpose of this section, a
commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton. (Ord. 973 II (part),
1966; prior code 119.8.4).
10.28.050 Rldlne or drivine on sidewalks prohibited when.
No person shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any
sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary
purpose to drive a loaded vehicle across a sidewalk: provided further, that said area be substantially protected by
wooden planks two inches thick, and written permission be previously obtained from the city engineer. Such
wooden planks shall not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m.
(Ord. 973 II (part), 1966; prior code 119.8.S).
10.28.060 Umlted access roadways-Unauthorized entrances or exits prohibited.
No person shall drive a vehicle onto or from any limited access roadway or freeway except at such entrances
and exits as are lawfully established. (Ord. 973 II (part), 1966; prior code 119.8.8).
10.28.070 Freeway use restrictions.
No person shall drive or operate any bicycle, motor-driven cycle, or any vehicle which is not drawn by a
motor vehicle upon any street established as a freeway as defined by state law, nor shall any pedestrian walk across
or along any such street so designated and described except in space set aside for the use of pedestrians, provided
official signs are in place giving notice of such restrictions. (Authorized by Section 21960 Vehicle Code). (Ord.
973 II (part), 1966; prior code 119.8.9).
10.JR.010 RleehiRg iRteRieetisf15 'fshiilited.
,
tIe e,eFBter Bf IBJ v_ale ftl.ft11 later e;" iBflRiOeSeS af a maRied iIBSS-.-JBlk 1tBIeBs dieM is sW1ieieBi 8I'ae.
8R the ether siiie af tit. isteFSeeses Sf eress".-Xtlh Ie aeae--erJate ske ve1Hele ke is speRa. iliaJtsut e},SifuetiBg
die 'lfisBge ef atkar \"eAis186 Sf ,edesm.aBS, BBP:;i1h6tasilisg~' &afRO ae.al GigBBl iBdieasBB ~ "soutH!. (9fEI.
9-73 11 EPan), 19"; ,FieI Bade 1t9.R.ll).
10.28.090 Toy vehicle use restrictions-Skateboard derIDed.
A. It is unlawful for any person to skate, or use or ride any roller skates, coaster, skateboard, toy vehicle or
other similar device upon or over any public street, bridge, underpass, sidewalk space, sidewalk, or public
property within the business district of the city. Business district is defined by the California Vehicle Code
as "that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for
a distance of 600 feet, SO percent or more of the contiguous property fronting thereon is occupied by building
in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, SO
percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer
than the distances specified in this section if the above ratio of buildings in use for business to the length of
the highway exists. "
(R 9/9S)
~c2 __.S!
B. No person shall ride any of the above described devices within any parking structure or upon any public
grounds where people are assembled, including but not limited to trolley stations, Civic Center complex,
Library complex, and shopping centers. This ordi.oance does not preclude the riding of skateboards within
areas designated for such activity.
C. No person shal1 ride any of the above described devices within any privately owned property without the
written permission from the property owner.
. Skateboard. for the pwposes of this chapter means any toy or device upon which a person may ride standing
or sitting, which coasts, glides, or is propelled by human power, and which is a board or other surface
mounted on one or more wheels.
(Ord. 2304 II, 1989; Ord. 973 II (part), 1966; prior code 119.16.1).
10.28.100 intoxicated persons-Opention or control of vehicles prohibited.
It is unlawful for any person under the influence of intoxicating liquor, narcotic drugs, amphetamine or
derivative thereof, or other dangerous drug, to a degree which would render him incapable of safely driving a
vehicle, to be in or about any vehicle to which he has right of access or conttol while such vehicle is in or upon
any street or any other public place in the city unless said vehicle is under the immediate conttol or operation of
a person not under the influence of intoxicating liquor or the above mentioned drugs. (Ord. 973 II (pan), 1966;
prior code 119.16.2).
10.28.110 Railway lates and barriers.
No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade
crossing while such gate or barrier is closed or is being opened or closed. (Ord. 973 11 (pan), 1966; prior code
119.18.1).
10.28.120 Trains not to block crossings-Extqltion.
No person shall cause or permit any railway train or railway car or similar vehicle on rails to stop or stand
or to be operated in such a manner as to prevent the use of any street for the pwposes of travel for a period of time
longer than ten ntinutes, except that this provision shall not apply to railway cars, trains or sintiIar vehicles on rails
while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or
similar vehicle on rails to stop at or near the scene of the accident. (Ord. 973 11 (part), 1966; prior code
119.18.2).
10.28.130 Vehicle operation on private property-Permission required.
No person shall operate or drive any motor vehicle over or upon any private property, or leave any vehicle
upon such property without having, and upon request of a peace officer displaying, written permission of the owner
of such property, or permission from the person entitled to possession thereof for the time being, or the authorized
agent of either, except that this section shall notapply to public or private parking lots. (Ord. 1538 II (Pan), 1974;
Ord. 973 II (pan), 1966; prior code 119.10.11).
.~ /,:) -:t::2
(R 9/95)
10.28.140 Private roads and parldll2 lots-Intent and purpose of provisions.
It is the iDlent and purpose of the city council, by the adoption of Sections 10.28.140 through 10.28.180, to
provide a procedure for establishing rules and regulations regulating vehicular traffic on privately owned and
maintained roads and parking lots located within the city, in accordance with the authorization contained in Sections
21107 and 21107.5 of the California Vehicle Code. Such rules and regulations arc necessitated by reponed
incideDCes of unsafe vehicular movements upon privately owned roads and parking lots which arc not presently
subject to the provisions of the traffic code of the city or of the California Vehicle Code. (Old. 1195 II (part).
1969; prior code fI9.240I).
10.28.150 PrIvate roads and parking lots-Rules and regulations-Establishment procedure.
The imposition of rules and regulations governing the movements of vehicles contained in the traffic code
of the city and the California Vehicle Code, may be applied to any privately owned and maintained road and parking
lot within the boundaries of the city; provided. that a resolution establishing such rules and regulations for specified
roads and parking lots bas been adopted by the city council in accordance with the procedures established herein.
Such rules and regulations shall not become effective until signs giving notice thereof arc posted on the private roads
of parking lots to be affected. The rules and regulations which may be thus imposed by resolutions which
encompasS all provisions of the traffic code and the California Vehicle Code including but not limited to parking
and stopping regulations. speed and movement of vehicles. (Ord. 1195 II (part). 1969; prior code fI9.2402 (part)).
10.28.160 PrIvate roads and parking lots-Rules and regulations-InItiating resolutlon-HearllI2-Notice.
A request of a resolution to be adopted by the city council establishing set rules and regulations on private
roads and parking lots may be initiated by the chief of police, the director of public works or by the owners of the
private roads or parking lots. Upon receipt of such a request, the city clerk sha1l set the matter for hearing before
the city council by giving notice thereof by publication in a newspaper of general circulation, printed and published
in the city, by one publication at least ten days prior to the date of the hearing. (Ord. 1195 II (part), 1969; prior
code 119.2402(1)).
10.28.170 Private roads and parking lots-Rules and regulations-Form and content of resolution.
Subsequent to consideration of evidence presented at said public hearing, the city council may adopt a
resolution having cenain rules and regulations on the subject of private roads or parking lots. Said resolution sha1l
specify the type of rule or regulation. The city council sha1l also make a finding that the subject road or parking
lot, although privately owned and maintained. Is of such a nature and character so as to constitute an openly and
publicly used road or parking lot, allowing the public movement of vehicles thereon. (Ord. 1195 1 I (part), 1969;
prior code 119.2402(2)).
10.28.180 PrIvate road and parking lots-Rules and regulations-Posting.
Rules and regulations established by said resolution shall become effective at such time as the road or parking
lot bas been posted with appropriate signs giving IIOtice thereof. (Old. 1195 I 1 (part). 1969: prior code
119.2402(3)).
!!!!!
(R 9/95)
~/,;2-~;3
Chapter 10.32
THROUGH STREETS AND STOP INTERSECTIONS'
Sections:
10.32.010 Siens required wben-Loaation generally.
10.32.020 DesilJUlted.
10.32.030 Vehicles emerling from alley, driveway or buildil1l.Stop required.
10.32.010 Siens required when.LocatIon generally.
Whenever any enliBCB~e 81 II8s1vasB sf.8 Bi~' remlation designates and describes any street or portion
thereof as a through street, or any inlersection at which vehicles are required to stop at one or more entrances
thereto, or any railroad crossing at which vehicles are required to stop, the city engineer shall erect and maintain
stop signs as follows: A stop sign shall be erected on each and every street inlersecting such through street or
portion thereof so designated and at those entrances of other inlersections where a stop is required and at any
railroad grade crossing so designated. Every such sign shall conform wilb, and shall be placed as provided in Ibe
Vehicle Code. (Ord. 973 ~I (part), 1966; prior code U9.7.1).
10.32.020 DesllJUlted.
A. Those streets and parts of streets established by reseHnisB sf *8 sity S811B6i1 &fe kBreB~' lIeelarea remlation
to be through streets for Ibe purposes of Ibis section as described in Section 10.52.030 aBII ,hoT] be listed in
Schedule II 8tteskeEl kerets ed malle B ,an Bf sIMa t:it:le of the remster maintained bv the citv engineer.
B. The provisions of this section shall also apply to one or more entrances to intersections as established by
nsshuiss sf *0 sity sS\lBsil re~lation as described in Section 10.52.030 and listed in Schedule II attaekeEl
keRts &BEl maile a ,art sf ~fj title.
C. The provisions of Ibis section shall apply at Ibose highway railway grade crossings lIB established by
ress]\lk8B af *0 sity eS\IB6il remlation.
(Ord. 973 U (part), 1966; prior code U9.7.2).
10.32.030 Vehicles emerling from alley, driveway or building-Stop required.
The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately
prior to driving onto a sidewalk or into Ibe sidewalk area extending across any alleyway or driveway. A stOD si ~n
or olber traffic control device is not reauired to be !!Osted in order for this section to be ollerative. (Cite Section
21461 Vehicle Code). (Ord. 973 ~I (part), 1966; prior code ~19.7.3).
~ /,)-:J--"(
(R 9/95)
Chapter 10.36
YIELD RIGHT-OF.WAY STREETS'
Sections:
10.36.010 Designated-Schedule XIII.
10.36.010 Designated-Schedule XIII.
In accordance with Chapter 10.32 of this title and pursuant to NsahuiaB ar arlli----, aflk'lIi~ lI_il, Mil
relZlllation. when appropriate signs have been erected giving notice of yield right-of-way regu1ations, drivers of
vehicles shall yield right-of-way at the fellBwiBg intersections listed in Schedule xrn of the Relrister maintained bv
the citv enilineer.
lRtenleetisR
'J:P8fJiL 18 Yield 8ft
SilRS
Editor's note: The substantive aetfi af tAB seBeH rellUlauons designating yield right-of-way streets. _e--1.-8 lly
Je58]SgSB af enliBaBse, as f8~rBd tly .0 VelHele Cede af.8 _te af CalifefBie., are mgtnt21nf>d in the office of
the city clerk, the aiinetsf Bf '\llllie V:BrlE5 citv emrineer and the police department.
(Ord. 1260 ~1, 1970; Ord. 973 ~I (part), 1966; prior code fi19.22.1 (part)).
~. );2 -=c;-~
(R 9/95)
Cbapter 10.40
TURNING MOVEMENTS"
Sections:
10.40.010 Turning markers or Indications-Placement authorized.
10.40.020 Turning markers or indications-Driver obedience required.
10.40.030 Restricted turns-Sip placement authorized when.
10.40.040 Restricted turns-Driver to obey slJIIIS.
10.40.050 Rillht turns at certain stop slJIIIBIs-Prohlblted when.
10.40.060 Right turns at certain stop slJIIIBIs-Drlver to obey slJIIIS.
10.40.010 Turning markers or indications-Placement authorized.
The city engineer is authorized to place ---1--16, luntBBS. ST sgss traffic conn-a] devices within or adjacent
to intersections &BII indicating the course to be traveled by vehicles turning at such intersections. The city engineer
is NRkef authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make
right or left hand turns; ske SBU:f88 tB ],e _velea &6 88 i_aated BH~. ae_aRB is SF 1te ssM, .1.-- as ,ressMeS BY
1_ sr oRliB/lBue. (Ord. 973 fil (pan). 1966; prior code fiI9.S.I(A)).
10.40.020 Turning markers Dr Indications-DrIver obedience required.
When authorized JBfH4leFS, 1NMsBfi, ST 8.or iB4iSBliBBS traffic control devices are placed within an intersection
indicating the course to be traveled by vehicles turning thereat. no driver of a vehicle shall disobey the directions
of such hr1'ealisIIS devices. (Ord, 973 fil (pan), 1966; prior code fiI9.S.I(B)).
10.40.030 Restricted turns-Sign placement authorized when.
1=11.8 shy 8sW:Bsil, 11)' reSS]\lkBB 111188 the reBs--BBSati8B af The city engineer bv remlation, may designate
those intersections at which drivers of vehicles shall not make a right, left or U turn, and the city engineer shall
place proper sigHs traffic control devices at such intersections. The making of such turns may be prohibited between
certain hours of any day and permitted at other hours, in which event the same shall be pJainJy indicated on the
sigHs devices. or they may be removed when such turns are permitted, (Ord, 973 fil (pan), 1966; prior code
U9.S.2).
10.40.040 Restricted turns-Driver to obey siJIIIS.
Whenever authorized sigHs traffic control devices are erected indicating thaI no right or left or U turn is
permitted. no driver of a vehicle shall disobey the directions of IIBY &Bell signs the traffic control device, (Cite
Section 21461 Vehicle Code.) (Ord. 973 GI (pan), 1966; prior code U9.S.3).
10.40.050 Right turns at certain stop slJIIIBIs-Prohlblted when.
'Ale ei~. 8EM1B6il, \1)" nSBluHsB 1IJIBR" NiitJ--,BdMi9B efBv remIlation the city engineer, may designate
those signal-contrDlled intersections at which drivers of vehicles shall not make a right turn against a traffic signal
.stop. indication. The city engineer shall place proper sigHs traffic control devices at such intersections. (Ord, 973
fil (pan), 1966; prior code fiI9.S.4(A)).
~//~->t?
(R 9/9S)
10.40.060 Right turns at certain stop signaIs-Drlver to obey silJ1S.
No driver of a vehicle shall make a right turn against a red or stop signal at any intersection ill which WI!1k
control devices it; sigBf'Bsteil giv~ notice of such resttictioD... aB 'f8* ili18i1 is 1his seeBeR. (Cite Section 21461
Vehicle Code.) (Ord. 973 ~1 (part), 1966; prior code U9.5.4(B)).
H!!!
(R 9/95)
. ~
y /;)~ 7
Chapter 10.44
ONE. WAY STREETS AND ALLEYS"
Sections:
10.44.010 Sign placement authorized.
10.44.020 Designated-Schedule I.
10.44.010 Sign placement authorized.
Whenever any er..1:_A--e aF NB8IuKBB sf shtii eity remlation designates any oDe-way street or alley, the city
engineer shall place and maintain eigBs traffic control devices giving notice thereof. and no such regulations shall
be effective unless such eigBs traffic control devices are in place. SigHs Traffic control devices indicating the
direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite
direction is prohibited. Streets so designated shall be described in Schedule 1 welled MUle _ -..0 a "BI'I ef
IIHfi ."tllr maintained in the re2ister of the citv en2lneer. (Ord. 973 11 (pan), 1966; prior code 119.6.1).
10.44.020 Designated-Schedule I.
In accordance with Section 10.44.0]0 af QHs sIYi,ter, pursuant to H58k1tiBB af 8r.:l:----o sf tile sity s8\t8i!il,
_ re2ulation. when appropriate eigBs traffic control devices have been posted, traffic shall move only in the
direction as indicated ~ upon the folle'Mug streets; listed in Schedule 1 of the re2ister maimained bv the citv
em!ineer.
N8fRe sf gtreet
Be,iR."1iBt: at
EluliBl at
Diy_iSR 8f
)lslfeIRent
Editor's note: The substantive a6~ sf *e eBHBeit remIlations designating one-way streets, 1HulertalrHB B~' fefiskltiSB
af BfEliJlflBGB. 86 RUfuiFed BY site YeJHeIe Cede Bf.as state sf CalifeFBia. are m~int2ined in the office of the city
clerk, the direeter sf I'uslie '::eHi:5 citv engineer and the police department.
(Ord. 973 fi1 (pan), 1966; prior code 119.22.1 (pan)).
~~ ~_~f5
(R 9/95)
Chapter 10.48
SPEED REGULATIONSu
Sections:
10.48.010
10.48.020
10.48.020
10.48.030
10.48.040
10.48.050
10.48.060
State speed Jaws applicable when.
hlereased speed Jilnif:B in eerl&IR .SRM Alltkarllled. tReoea.led)
Fd....lished sneed limits in certain zones - Desimated
Inereased lII!ed limits i8 eet1eia _Ilea DellJRBted geh611H1e IX. lReoeaIed)
Ihlll'l!MUI .,!!d Hlllits ill eeftaill _ftM .~1Ith8Piaed.
g!h .eased lI'eelllilRiH in eertaiB _8M Des.pied gehedllle X.
RecuJation by traffic sIenaJs authorized.
10.48.010 State speed Jaws applicable when.
The state traffic laws regulating the speed of vehicles sball be applicable upon all streets within the city.
except as this chapter, IS authorized by state law, hereby declares and determines upon the basis of engineering and
traffic investigation that cenain ~ speed regulations shall be applicable upon specified streets or in cenain areas,
in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared
is. IIHs Btlli_e. by rellUlation when signs are in place giving notice thereof. (Ord. 973 f I (part), 1966; prior code
119.19.1).
19.18.939 Inrf!&S1!. spe.ed limite in anaiR _Res ........heMed.
It v'1:8ere it i6 aleteHBiaed. lJI'BR *. 1J&5ia sf IB .&giaeeHBg &BS Rftie Hr..ISQgaaBR diet sk. spud ,eHBined
"y Byte 18";1.' 'dfJ8B a858 Skeet-s af ,eroeRS tIt.nef ileseFi'hed is Eekedttle IX is EessaR tQ.1fLQ3Q is less ."'ft_ is
Beeessuy fer &If! e,eRKisB af --.meleG tlUrlaH 1Jy HISOR rf aile desigaati9B ad siJR,o!i1iBg sf Mid 8&.118 8ti
W8Vgh IHgk".1'SYS, 8r~y fe85eB ef ",1iElely 8pRiJud iBte(BeeHB~;. &BEl it is liee_ed ahat the BHmiBMHB 8J!uEl 1:_:.11'88
&858 skeelS ef ,eRieB5 tkefBef lies8RBeli iB ~ek8s\lle IX A1..~118e as thereiB states, 'i\'JHek SJI,edfi 6e (i,elans _1.._11
'8e effeeH-'s at sSe time SJ!asifies ahereiR WBeR sigBS amflie se_e] de-:iees aN nailed gi-i&j BeHee ..nef. (QIII.
9:31] ~art), ]9,~~,fi8reedo 119..19.4).
10.48020 Established sneed limits in certain zones - Desirnated
Pursuant to California Vehicle Code Section.. 22357 and 22358. where it is determined uoon the basis of an
en~ineerin~ and traffic survey investi~ation. the City Council may increase of decrease State meed limits Said
a1tered meed limit..; ~h21] be effective, Qoon in..;tallation bv the Citv Engineer of annronriate Traffic Control Devices
~iyin~ notice thereof Desi~nated meed limits shall be listed in a Schedule X of a re~ister maintained in the offices
of the citv engineer.
10.48.030 lRereas!d lip!!" Ihnie ia !ll!Aei.a "Be!! DMilfJ8ted gelled.e IX. CRenealed)
iii Iluer..l---o widt EeeS8Bti 19.18.9]9 aBd 19.1H.9J9 af tIH9 eMJ!lter, JMIfS'IftBf Ie 8'..1; ! af tke ei~
e8\IBSiI, aM VI:keB a,,~rifne ~ Ita,e tleeB Haeted prJiBg Besee thenar, tke mu.im1tlB "nEt "_'t _1.._1] 1te as
Bet fe_ JtetreiB aft the fallewiag 8tne.~ af ,aft:iaB9 af SHeets.
~e8rSH.eet
Belinninc at
EBdi~ at
Deelued JIt7 - Faeie
'peed lAmit
~I8fle8 Street
Ii:e5t J Ekeet
HUIu~ it. d
Ceste Pke e
Ibolltl.v&y
Ri leI AM DB' e
3S MPll
3S MPII
~
/j. -r:-l
(R 9/95)
~aitef'6 Be'e. 111. 8\H1saesave Bee; ef tee BeHeil iaefB85iag saa.. law SJI!ejf limhs iB esRaiB meBes. UBaeFfIY.'ieB Bj
N6BIYH9R er erEliBlBDo, as H'Iwreil ~y ike '.'_ele CBde Bf tile Stitt ef Cali.femia, are lBBiataiMd is me BAise ef
.1 shy s]eFlr, tAe Sinetaf af ,wlie waFkB aBd aks ,alis. U,arBBBat.
(Qfjf. 2'J! U. 199~. OAl. 2'0' fl. 1991; Old. 91:1 J1 ~aR). 19". ,fiBI uod, 119.2:;1.1 E,paAj).
10_18.010 >>eenased SfJeetllilRi&s ia eerWa Mael .".r..hsrUed.
It is detlRBise. 8J1 ea the 11& af &B .sgiBIIRBg &Bd tmffie iR\ l_gaKes ... alii SJlllla" IRBi_if tly saate
}aII;. BHe;ide ef tI_BlSS &Bd Mside_at aJiMRsts 86 8I!,Hsa1:1l. upBa *SSI 8"lIts Sf ,BRieRS af a"'ll6 sklnef
i.saMed Hi 8s11eEl1:lle X BBEI EeeHes lQ.18.QfiQ is greater .1u_ Hi H85aBl~' sr 8Ifu --_.1_, tlu 8e_se88 fe_ ts
'Kist \liteR SUM 6treeSS aad it i6 klf8BY MalHed ahat the manimUIB spud limit H,eB *981 akum ef ,aF8886 ef
B~fllHi lkereBf dlS8M811 iB EelioEhtle X -1.-11 \:Ie 86 .,niB atated. whisk SIInlls ss tles_eli -1._11 tie eff'esw-;I ~lJiea
sigBB &N .,Istell gi.iR8 RBBse skef8ef. (9111. 9:1111 EP~. 19". 'Ref 88lil 119.19.]).
10.48.050 Deaeased speed limits In certain zones-DeslllJl8ted-Schedule X.
Ie aeeBF~r-jl 'Wi. [eeges lQ,1g.Q1Q af tRia olJafJter. p1if6U6Bt te 8fdi----o sf tit. ei~' Ba_siled vr:kes
a"Fe,AatB MgBfi 1w:s },eea nested gio'iBg BeHes .,reef, tlt8 JBS.1IiBNm &fIud 1:_:t _1._11 B8 &B Nt feflk klniR 8S
tlil fallB'I3':isg streets Sf ,BRiBII6 af SffUS6:
Nute If itre.
PBBIO 1'---1'1J8
lIuIBI yiBta W &y
e86t II Etreet
ielinniRI at
iRdiRI at
9ee1ared PFima Faeie
~,eed L.hnit
IiastII5:Sf.1M
1'---1.8 del Ray p~&}'
ij ).fPH
e&5t J.I Ekeet
n_--sa del Roe}' P~'i.~'
~s MPW
;&8.0' -tEl gR~'e
).( BURt ) figuel Reali
1j lf1'II
EBUt:k liBel
~s MPW
lfe1lBt "{ipe] REI Praetef "&I]ey REI
lfe1Hlf: )'figuel ~BaEl
39 "fPH
Pf'aS.Bf "a:l1ey R.EI {:it~. , :_:~
} flia t....t
~. . ~tI
9tft) Yalle, REi
-il It "11
WHeste Raad
Gte:; b&lit6 REI
QaiM&rtl E..et
9Uefll glnet
gel Rey &1\'11
l\aBeka del Rey
1'arIPJ:&)'
(R 9/95)
I fi Preen.~. 9tay '.'&1]0)' RaaEl 19 llPII
hlMS Sift!. I Be! Fres'.\ay 19 }fPII
9tay Lakua RII Eauaefly Cit-y ~ :_=tfj ]! )'{PH
, --- _.~::IBH' ~'9te RaaEl fig )'{PH
Millte, gRvI Onagl JNeRHo 39 ),11'11
IlFeadway C8I de sae l.:n! ft )9 ),11'11
'it IS. Bf Ibea8way
IiMt H ~tHl'
ftr--1.- del R..y Parkway 10 JL{PU
Paseo n_--]ufe 3! )'{PII
gel Rei' il-:d
~8
)2-~O
R.aBske del Re~'
. Parlp.~}QY
Passe V---kere RayeBa beep,'l:as
Jis"--^ia Pr
3fi ).fPII
q:l .. w>> 'K:'--"'iV1l Jr .~r..\i1V1I
];diter'g Bete. "Rie su\35tftBW:e aats af die ea8Beil tlesfe85iBg state 18-x IB8:JliHHHB lifJutl 1:_:ts is eeft8:iB meBea,
eeertalleB ~y fe5shit:iaB af aNi----e I as ~fed ],) tlte Vemele Caie af the state af CaltfafBiA, are' lIJ:BiBt8:i.aed
iB the eiBse af tke ei~ sleH[, die Meter af ,eYe 'VI. aHifI ad tHe ,eliee dep8.ftIBem.
(0.11.261311.1991. 9rll. 23W 11.1991; 0.11. 2367 11. 1993.91'11. 2!63 II. 1993. ON. 2!!3 11. 1993.91'11.
2311 11, 1993, 9Te. 973 11 EP~, 19~~, luiar selle 119.22.1 EJart)).
10.48.060 Regulation by traffic signals autborlzed.
The city engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic
in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district
or at intersections,a. ad -'--'1 ereet al'flr8fJriate sigB5 gYiHtg setiee thenaf. (Old. 973 II (pan), 1966; prior code
U9.19.4).
~ J;:l-Ir /
(R 9/95)
Chapter 10.51
STOPPING, STANDING AND PARKING"
Sections :
10.51.010 Stoppln2, standing or parking-Applicability of provisions.
10.52.020 Stopping, standing or parking-SCope of provisions.
10.52.030 Special stops required-Schedule D- ThroU&h streets and stop lDtersectlons.
10.51.040 Stopplnll, standin& or parklnll-Wlthln or on parkways-Prohibited.
10.51.050 No stopplq zones and no parking areas-Authorized.
10.52.060 No stoppln2 zones and no parkln2 areas-DrIver obedience required.
10.51.070 No parklq areas-Designated.
10.51.080 No parklq areas-Near fire hydrant or fire stations.
10.52.090 Commercial vehicles-Parkln2 In residential districts prohibited when.
10.52.100 Stora2e of vehicles or camner bodies on streets prohibited-TIme limit.
10.51.110 Parklnll for sale, advertislnll or demonstration purposes prohibited when.
10.51.110 Repalrln2 or 2fe8Sln2 of vehicles prohibited where.
10.52.130 Washln2 or pollshln2 of vehicles prohibited when.
10.52.140 No parkln2 areas-Property adjacent to schools-Authorized when.
10.51.150 No parkln2 areas-Property adjacent to schools-DrIver obedience required.
10.51.160 No parklq areas-Alleys-Exceptions permitted when.
10.52.170 No parklq areas-Narrow streets-Authorized when.
10.51.180 No parklq areas-Narrow streets-DrIver obedience required.
10.51.190 Parkln2 on IrBdes-WheeJs to be blocked when.
10.52.200 Peddlers and vendors-Parkln2 permitted when-Time limit.
19.52.219 Pelllllen 81111 'fendeN P..bine and liaR.. prahl"i.!". fReservedl
10.51.220 Emer2ency parklq-Authorlzed when-Procedure.
10.52.230 Emer&ency parkln2-Drlver obedience required.
19.5-J.3.0 {:8RU11ereial 'f.iel. Display sf "rJ'P8PRiIlI d"iees re'laiPeCI when. fReservedl
10.51.250 Standing or parklng-Appllcabllit~ (If provisions.
10.52.260 Parking-Scope of provisions.
10.51.270 Parking-Prohibited at all times on certain streets-DrIver obedience required.
19.5'J.J89 Parbh., P.ehUJited at all tIHles 8ft eenaiR .1 ! It!!' gehedHlt RI. l'Resenedl
10.51.290 Parking-Prohibited during certain hours on certain streets-DrIver obedience required.
to.fJ.Ji9 Parb'a, Prehihited lIuna&: eeftaiR h8HFS 811 eerlaIR .1 efts ~ekedllle IV. rReserved1
10.52.310 StoPpin2, standin2 or parking-Prohibited durln2 certain bours on certain streets-DrIver
obedience required.
}9.12.]20 ~t8p,iRI, standiRg 8Y ,arlli"&: Pf'ehihited ..twiRl: eeriaill he... e. artaiR.. eets Sehedale
~ lReservedl
10.52.330 Parking-Time limited on certain streets-Driver obedience required.
19.!J.3i9 PuhiRI 'RlRe Ii_tell 8ft !eI18i.R ML !E1! Sth!"_! '1. fReservedl
10.52.350 Parallel parkln2-Permltted on one-way streets-GeneraJly.
10.52.360 Parallel parkln2-Prohlblted on one-way roadways when.
19.5J..a70 PeNlleI ,ubiftl 9ft 8Re ..., sLuis and feattll.,-5 Retb.~~nMiBB .....8...1. l'Reservedl
10.52.380 Parallel parklq-Esception for certain commercial vehicles.
10.52.390 Diallonal parkin&-Requlred when-Procedure.
10.5:2. i90 Dial8RaI ,_h1ne Pmnitted Bere Eyed.! ''III. lReserved1
10.52.410 Dlallonal parkin&-Appllcablllty of provisions-Exceptions.
10.51.420 Motorcycles-Parallel parkln2 permitted when.
10.52.430 Motorcycles-Dlaaonal parking permitted when.
10.52.440 Motorcycles-Applicability of provisions-Exceptions.
10.51.450 Parklnll-Prohlbited durin2 certain hours of certain days on certain streets for the purpose
of street sweepln2-obedience required.
~/) ~'?d----
(R 9/95)
10.IJ.1'0
PeAiial Prahillited dBPiag eeftaia h8111"1 sf eeftaia ~& 8R eertaiR.1 Ids fer the ,...,.85e
.f .Feet 5\1 eepiRI. rReservedl
Parking-Scope of restrictions.
Municipal Parking Lots-Designated-Manner of Parking required-Schedule XV.
Prohibitions Renrdin2 Parkin2 of Overhei2ht Vehicles - Schedule xvn.
10.52.470
10.52.480
10.52.490
10.52.010 Stopping, standing or parking-Applicability of provisions.
The provisions of this cbapter prohibiting the stopping. standing or parking of a vehicle shall apply at a1l
times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or official traffic control device. (Ord. 973 f I (part).
1966; prior code 119.10.1(A)).
10.52.020 Stopping, standing or parking-Scope of provIsions.
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from
the duty to observe other and more restrictive provisions of the Vehicle Code or sma eha,ser sr esker er.:l:_ft--es
of llie Qi~' relZU!ations prohibiting or limiting the standing or parking of vehicles in specified places or at specified
times. (Ord. 973 II (part). 1966; prior code 119.10.1(B)).
10.52.030 Special stops required-Schedule n-Through streets and stop Intersections.
In accordance with Sections 10.32.010 and 10.32.020, pursuant to flSBlw.BR SF erdi----rr erske Bi~' sSUB6il,
relZU!ations and when appropriate sigR!; traffic cootlOl devices have been erected giving notice of special stops.
drivers of vehicles shall stop at. A, every intersection before entering any of the fellB'I\iag streets or portions of
streetst.....2L. ~ AI one or mol"\' entrances to the fellewiag intersections+listed in Schedule 11 of the re2ister
maintained bv the citv emzineer,
Name sf ~tFeet
1. J.e.-eBi. YsidefB
J. CB:lle Eat:iage
.. RaiR feres. Read.
~. Calle ~aBfiage
S. babe ElleFe ];)Pivl
,. [eeaRd. Avene
;. Eieffll ~~&5'
8. P---IIe dellby PlPl.,.
9. hlleR &ekeBI T ft-r
ThFe1:l1h StrDE
Regin..-uRl at
ERdiRI at
'.~aleaei8 bee,
~BUe [--':-ge
Calle Cadelare
~'V:eB:ida Yshtsm
RaiR yerest R Bad
:\peBi. YsiaeFa
iueM Via.. W-ay
Peses nft-_1..efB
lBkIf Sh.eN ~w:.
.Md. PEWI
ED9aM A VDRUe
C glne'
RF:IIHawa ""..'8B\i8
CelaMe '.VIIB1I1
n__-lts del Rey PBy
PM08 n__ftlnfB
AlleR Eakeel A eM
AlllIR [ekeel T ---
Step hen".i8.
StfT VT InteruefieR
RireeUeR TF8vel
TF&fJie Stepped
Signs
(R 9/95)
~/;2 ~,?/)'
1.
:'_~'eBi~ YsidefB tTertk1J81Hld 8B A.-IBide. YsillBfB 1
Calle E&B!iage Met It ~~'5~BuM BS CaRe [A-.:-ge 1/1
l\aia yerest R sad I:BUali'hBUBd 9S Rnis FeFls. Read 1
CaUl C&Bllelere ",ast i66Q1e1HHl 8S ratle CaRd,Juis I
Yaleseia b88p NeAk V{ esaes1!Blt ss ,tal.Baia bes, I
Y&lIBiis 1.88' }JaftB. ~"B.8I:1Rd BS '.r.ale.ia baB, I
Calle CadeleFB v.'est i:By,"eUB8 8a Calle ClBdeMB I
Calle ~--..1-1er8 liast )JeftJHleHd BB {"nIT. ('--.t-lerie I
lali. ~kBre ~fiY8 lies! It ~'IS~91HM1 BB Ji_....1_1 - ~Rvl 2
[aBBaS :'::IRU9 )JaFdi It Enlk'ee1lBd C Ellut I
Rh"efl&ViIR mlWB Iie6t'heUBd sa EilHB ~~. I
} talliaBe J?:eB1.ie Eeu1WlBHd as ){a4iaeB :'......IBIS I
J ,{fslseR N:eS8e iMt It "'es~Bl:IIul aa Eieffa VLlay 2
QalilS".YB ArlINe tJeF1llIt E8\itB'hB\lBd 8S 9ahlM'B. h":enB 2
VL'eeals\";s ).?:eaue ~ast It v.' 8SM3 BHsEl BS [ilRI Way 2
Ce}er8l!e IResve ~1e9K181Hul sa SieffR V-' ay I
P---ka del Roey PI~-.') li&6t & ~.resae8111u:l as P&6UU n__-'Lere 2
:\1lIR Eakes] 1 --I! .\IIea 5:eBeeI Read 2
:I.
~.
~.
5.
(j.
1.
8.
9.
Editor's note: The sHft--.:..s ae~ Bf *e 6BUBiiil reln11ations designating special stops, 1IBintf1~.-B 'e~' flsehltisB
Sf enliBaBse, as feqtHfeil 'By *0 YeIHele Cess sf iii! state Bf CaHfeFBia, are m2;nt2;nl".d in the office of the city
clerk. the diFeeter Bf I'aelie Vl Bfl~ citv en~ineef and the police department.
(Res 17646,1994; Res 17418, 1994; Res 17335, 1993; Res 17334, 1993; Res 17212,1993; Res 16586,1992; Res
16192, 1991; Ord. 973 fil (part), 1966; prior code f19.22.1 (part)).
10.52.040 Stopping, standing or parking-Within or on parkways-Prohibited.
No person shall stop, stand, park or place a vehicle, boat, trailer, camper or any other property, within any
parkway. (Ord. 2176 fil, 1986; Ord. 973 fil (part), 1966; prior code f19.10.2).
10.52.050 No stopping zones and no parking areas-Authorized.
The city engineer is ~ authorized to maintain, by appropriate . narkin2 control devices. or by paint
upon the curb surface, all no stopping zones. no parking areas, and restricted parking areas, as defined and
described in this chapter. (Ord. 973 fil (part), 1966; prior code fiI9.10.3(A)).
10.52.060 No stoppina zones and no parking areas-Driver obedience required.
When.w cum markings or. narkin2 control devices are in place, no opet1ltor of any vehicle shall stop.
stand or park such vehicle adjacent to any such legible cum marking or sigB narkin2 control device in violation of
any of the provisions of this chapter. (Ord. 973 f1 (part). 1966; prior code fiI9.10.3(B)).
~J.-J~c? j/
(R 9/95)
10.52.070 No parking areas-Designated.
A. No operator of any vehicle' shall stop, stand, park or leave standing such vehicle in any of the following
places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a
police officer or other authorized officer, traffic sign or signal:
1. In any area established by 11I., .ity BeUReil rel!Ulation as a no parking area where such area is indicated
by official iigBs narking control devices or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. Alongside or opposite any street excavation or obstruction when such standing, stopping or parking
would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated structure upon a highway or within a highway twmel;
8. Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the movement
of any car traveling upon such track;
9. Within any divisional island unless authorized and clearly indicated with appropriate signs and
markings;
10. In front of a public or private driveway or within eight feet of the end of the curb radius leading
thereto;
II. Within rwenty feet of a crosswalk at an intersection;
12. Within rwenty feet of the end of the curb radii at intersection;
13. Within thirty feet of the approach to any flashing signal, stop sign or traffic control signal located at
the side of the roadway;
14. Within three feet of or in front of that portion of a curb which has been cut down, lowered, or
constructed to provide wheelchair accessibility to the sidewalk.
15. Within any of those places delineated by Section 22500 of the Vehicle Code.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or more tho" 18
~ away from a curb~ welt a iIiti.---a as iB u_1-wNl.
C. For the purpose of miniminng traffic hazards and traffic congestion, the city engineer is authorized to
establish no parking or stopping zones. The length of these zooes is DOt to exceed rwo hundred feet.
D. Any vehicle parked in violation of any of the foregoing sections may be towed or otherwise removed at the
owner's expense if a sign is posted giving notice of the removal. The city engineer is authorized to post signs
giving notice of removal where necessary.
(R 9/9S)
~ /c2-t~
4
E.. .J.,.
Enforcement Policy. When in the jUdgment of the ttaffic officer it is reasonable and practical 10 do
so, the owner, driver, or other responsible pany shal1 be requested 10 move the car prior to being
towed, but not prior to being ticketed.
(Ord. 2627 U, 1995; Ord. 973 U (pan), 1966; prior code U9.10.4).
10.52.080 No parkilll areas-Near fire hydrants or fire stations.
It is unlawful for any person 10 park a vehicle within fifteen feet of any fire hydrant or = to a fire
station within the city-=:. excent as otherwise inilicated hv a narkiDlz control device. (Prior code 114.11).
10.52.090 Commercial vehicles-Parldna In resldeotla1 districts prohibited wben.
No person shall park any oommercial vehicle as defined in Section IO.S2.090C MBOI ,..:_-~. IlfiB if; fer
a8--1f~ieI. JlIHJI8SBS having a manufacturer's gross vehicle weight rating of -"'e WI thousand pounds or more
fer lRere ~1..^_ Ii..-. hews in any residential district (which includes parking on private property) except:
A. While actual1v loading or unloading propeny, m'IHsk FI'fUiFe6 _I} is atltHM9S te 5U6k five hew ,IRed t8
gelBplete well wer.J.i:; or
B. WkeB ~ such vehicle is parked in 88&BBeIiBS willi, 8Rd is Bid 8f, the a&1IIi! performance of a service to
ef-8B property in the block in which such vehicle is parked,:. ad Hme is add:i1:ieB ie suek five keur ,sHed is
foaseaMI1y BeBOS68F)' '8 eBlBI'lete wek ssp,,'ise.
~ For the purposes of this section, certain terms shal1 be defined as follows:
A, .L.
Commercial vehicl.. shall mean single vehicles whose primary use is for commercial purposes and
having more than two axles or combination of vehicles having more than two axles; a single vehicle
or combination of vehicles ftwenty~ (20) feet or more in length; or a single vehicle or combination of
vehicles six (6) feet, eight (8) inches or more in width, and shal1 include, but shall not be limited to,
dump trucks, moving vans, tractors, pole, or pipe dollies. ~1e ---,SF 8eily vr:1Hek has 8eeR *u8sked
fres Ik. seter v.Bisle ~1.^11 "he 18ft stDBdiag ss a 6i~' 8"881 a1 IB~' time.
&- ~
:Residential district: shall mean any block in which over 4ifIIi nm percent of the ground level
buildings fronting on said block are residential dweJIings. Said dwelling may be single-unit structures
or multi-unit structures.
(Ord. 2190 fil, 1987; Ord. 2176 fi2, 1986; Ord. 2024 fil (part), 1983; Ord. 973 f1 (part), 1966; prior code
fI9.10.5).
10.52.100 Storage of vehicles or aunoer bodies on streets prohibited-Time Umlt.
~ No r..s:r.mner bodv which has been detached from a motor vehicJe c1-ls:r.1] be left ~s:r.nrlilU! on a citv street at anv
~
.u. No person who owns or has possession, custody or conttol of any vehicle shal1 park such vehicle upon any
street or alley for more than a consecutive period of seventy-two bours.
~ Vehicles or c&mDtr bodies parked in violation of this section may be removed and impounded as authorized
by Section 10.80.120 and Vehicle Code Section 22651. (Ord. 2033 fl, 1983; Ord. 973 U (pan), 1966;
prior code 119.10.6).
~/~?
(R 9/95)
10.52.110 Parking for sale, advertising or demonstration purposes prohibited when.
No operator of any vehicle shall park said vehicle upon any street or upon any public or private property
without the owner's consent in the city for the principal purpose of advertising or displaying it for sale, unless
authorized by resolution of the council. In addition, no vehicle displaying advertising matter for the primary
purpose of commercial advertising, as prohibited by Sections 5.08.030 through 5.08.060 of this code, shall park
upon any residential street in this city. (Old. 2255 ii, 1988; Ord. 973 fl (part), 1966; prior code fI9.10.7).
10.52.120 Repairing or areaslDl of vehicles prohibited where.
No person shall ssBStNet Sf 88lJfil '8118 S8B61ftetBd. build or cause to be huitt. rebuild or cause to he rebuilt.
,.,air Sf ea._ '8 It. repaired, grease or cause to be greased or perform any maintenance including changing of oil
!II flushing radiators ar ~ allier _!lle----' af !!II any vehicle or any part thereof upon any public street in the
city... ~. wellld enatl a &af.~' ~----d Sf allBW ski d'JlBsit sf JMteFiali, lit.r Sf .1:"tS 1IpBB 1M fMHISS.
T'IBpB~' ..ergeRe}" fIIIMRi 1BIlj' 'he IBirie Vl'BB a pHlie 81Met. Excent for temoorarv emcrl!encv renairs. no
nerson .han reDair or cause to be reDaired anv vehicle unon a nuhlic street. (Ord. 1744 fl, 1977; Old. 973 fl
(part), 1966; prior code il9.10.8).
10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed,..2l polish or cause to be polished any vehicle or any part thereof
upon any public street in the city when a charge is made for such service. (Old. 973 iI (part), 1966; prior code
119.10.9).
10.52.140 No parking areas-Property adjacent to schools-Authorized when.
The city engineer is hereby authorized to erect signs indicating no parking upon that side of any street
adjacent to any school property when such parking would, iR his aj!itHeR, interfere with traffic or create a hazardous
situation. (Ord. 973 II (part), 1966; prior code fI9.IO.10(A)).
10.52.150 No parking areas-Property adjacent to schools-Driver obedience required.
When official signs are erected prohibitillg parking upon that side of a street adjacent to any school property,
no person shall park a vehicle in any such designated place. (Old. 973 f1 (part), 1966; prior code il9.IO.IO(B)).
10.52.160 No parking areas-Alleys-Exceptions pennitted when.
No persons shall stop, stand or park any vehicle in any alley within the city except for the purpose of
expeditiously loading or unloading passengers or materials, or when a service is being performed to or on property
abutting such alley, which requires the immediate and necessary presence of a vehicle during the time such service
is actually being performed. (Ord. 973 11 (part), 1966; prior code 119.10.12).
10.52.170 No parkiDl areas-Narrow streets-Authorized when.
The city engineer is ~ authorized to place &ij!B8 narkin2 control devices or markings indicating no
parking upon any street when the width of the roadway does not exceed twenty-five feet, or upon one side of a
street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet. (Old. 973
~I (part), 1966; prior code fl9.10.13(A)).
(R 9/95)
~/;2~?/
/
10.52.180 No parking areas-NUTOw streets-DrIver obedience required.
When official sigHs narkin2 control devices or markings prohibiting parking are erected upon narrow streets,
as authorized herein. no person shall park a vehicle upon any such street in violation of any such oigB ~
control device or marking. (Ord. 973 11 (pan), 1966; prior code 119.10.13(B)).
10.52.190 Parkll\i on grades-Wheels to be blocked wben.
No person sball park or leave standing any vehicle unatleDded on a highway When upon any grade exceeding
three percent without blocking the wbeels of said vehicle by turning them against the cwb or by other means~
nrevents the vehicle from rollin2. (Ord. 973 II (part), 1966; prior code 119.10.14).
10.52.200 Peddlers and vendors-Parkll\i permitted wben- TIme limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle. wagon or pushcart
from which goods, wares, merchandise. fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for
sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this
city except that such vehicles, wagons or pushcarts may stand qr park only at the request of a bona fide purchaser
for a period of time not to exceed ten minutes at anyone place. The provisions of this section shall not apply to
persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place
of business or distribution. (Ord. 973 II (pan), 1966; prior code 119.10.15(A)).
10.52.210 Pelldlefti Mil l'enllsPI!i PubiRI Mil .....HI ,'BIIUd!e". rReservedl
tle fieRieR liMIt ,aRi Sf etaBd as ~. skeet &BY rnB'?r "'-.segeR, _ag But Sf \ lhie]e. Sf ,uskean frem \1."mek
.ft_A'es, ,e8:Buts, JlBJ1SBfB. iB:Rdy af stller anis1ea af feed If. 881d Sf effuld fer "e. (9,d. 5X1! 11 &tart), 1!:"';
,Rer Bede 119.19.1~.fi)).
10.52.220 Emergency parking-Authorized when-Procedure.
Whenever the city engineer determines that an emergency tr&fRe 8all(!I8liaB is likely to result from 1liJ'fu:
con2estion caused bv the holding of public or private assemblages, gatherings, or functions, or for other reasons.
the city engineer shalllIIw. fla.....r HId lIIIIkaRIY to order temporary signs to be erected or posted indicating that the
operation, parking or standing of vehicles is prohibited on such streets and alleys as the city engineer shall direct'
during the time such temporary signs are in place. Such signs sball remain in place only during the existence of
such emergency and the city engineer shall cause such signs to be removed promptly thereafter. (Ord. 973 II
(part), 1966; prior code 119.10.16(A)).
10.52.230 Emergency parking-DrIver obedience required.
When sigHs Darkin2 control devices authorized by the provisions of this section are in place giving notice
thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of BUell sigss
the narkin2 control device. (Ord. 973 II (pan), 1966; prior code U9.10.16(B)).
IO.ia..110 C8J1U11ereial v_eles SHipI.) 8f WUlliBl iledeel!!l reqllipell ",hell. fReservedl
~ /v2~~g--
(R 9/95)
.
--.
i\ eF5 1II.8.Sf SFuell iIw.-iag &B ..-1-~eB ~eiglit af fear tile ____.a }!en_rl- 9f _en, IYHI ":11=5 ~Bk &astef
iHeSf'!iiw:B sf -::eigkt wiles ep.Fated upeB~' Skeet Sf JHgkVL'~' HAag defHess -'--11 ~e etf1:lippod. 111. ed
&alf)' at leBfit rce flares Sf ''11:8 Fed leBtefBB Sf 1''-:8 WS:JBiag ligkte 8f "AeeteN, it.ok ,Billetsls _100ft1] "8 af
a type &l'l'fByed it)" *8 geJMiftlBeat af CalHeFBia Uigkwa}" Paffal.
II.
~QteB aB)' "umale &1I8\'8 _BaHBM!! 9f &:BY &&iI.r Sf BsJB:i tHiler is .a:--elel! "'88 stnete Sf higk'il'BYs BUtfiille
sf ~ "&siMas 8f f8sideaee !istRe. vLiaIHB the sit)' aH Bpsa wlHak SilO It Sf 1Hgk~e;,' .IN Hi iBsufBeieBt
stree. Yglu:iag as (8\"_ a .;_01. at a Elis.n_~e af Ri:e \."-~-Id feBt duriBg __66, a war-:-a sigBal sf a.
ukoRlsttr HUHsated HBve _'-_1} he :--efiMely ,lased at B tIie.---o sf a"re-:--teI:r a.Milled feet t8
a4\ IRSI eft aM 981 ,"..-t~d fe.t as tit. IMf af auelt Eli_tali "'_01. h} au ilRver ..nsf. D. 88-~_nBU6
&lM\.:~g sf IH lll&t feur appreyed CI8ss ). ~l'e 1 turB. siWA1A, at le85t Wvs tSWII'd sk_ ffe.. &Bd It IN6t ~S
teW&fd .. rear sf.. v_el., AL.A1111e oB_deNd te .... ski N~".8&s ef shis sleMea _1 ski devisls
.I.BROII He~:. 8& \18 ,1&8011 iB SIte n'f&ifedlBs&ke86. "Ate vrar:-g sigsals k.NiB ml.BRlEI AL.A11 \1e
EIlsp~'1NI &8-":IIB_)" d\Hiag aedmlSB ~)rhilB wes '\,.hia]o r--:-- .I:_-\11etl 1I1'9B sues str... Sf higkWB)'.
(Grtl. 97s i1 ~aR). 19", I'BBr Betle 119.19.17).
10.52.250 Standiq or parklnll-Applicability of provisions.
The provisions of this chapter, prohibiting the standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official SgBs narkilll! control devices except when it is necessary to
stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or 2I!!>J:
official traffic~nttol device. (Ord. 973 ~I (pan), 1966; prior code ~19.11.1).
10.52.260 Parking-Scope of provisions,
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty
to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking ofvchicles
in specified places or at specified times. (Ord. 973 i1 (pan), 1966; prior code i19.11.2).
11.52.2'1 ParliiAl ~8hihited at all tiMes 8R eeF&aiR lit! uS! gAVei' 8t1elUMee retiwred.
VLQieB sigBB an ereetoil giviag 88Me. .ereeC. BS 1'8MSB _L._1.,aRI a -:eJHele at &BY rim1t \lP8B &BY af ~8
_eeta tle5iH\1od iB ~BstiaB lQ.SJ.Jgg IHHI [ssedBI. III, aMaokoa ts IIHI --.Ie a ,ut sf sIHf; ehap..r. (Qra. 973 J 1
EP~, 19"; ,Her sello 119.11.1).
10.52.270
Parkin!! Prohibited at All Times on Certain St..-.
-Driver Obedience Reouired.
Excent UDOn Sundavs and bolidavs soecified in Section 10.08.110. it is unlawful to nark a vehicle at anv time UDOn
anv street uoon which a Darkiml control device DrohihitiDll such DarkinE! has been installed bv the citv enmneer bv'
rel!U!ation &donted nursuant to Section 10.04.030 The city en~ineer .h.1\ maintain within a rellisteu Schedule ill
which lists the streets or oomans thereof UDOn which the nrohibitions of this section are in effect.
Editor's note. The substantive rel!U!ations nertainin~ to Schedule ill are maimained in the office of the city clerk.
the citv emrineer. and the oolice deDartment.
10.52.280 "rhiHI PfJahihited at all times aft eeAa:lR .uIts Eeltetlule III. rReservedl
(R9/95) ~ J,;2~~ '?
it IBd WBOB
· i~' UeUBe , f
~:----e Bf e S . time 1!J!SB &:8:' a
IJ6Bt ta JeBBhuisB _~r_l~rfJaAl a vEale at &It)
g ~~ ;;&7Q, ,wm peFSaB
.. Eeesisa I : .' liee lButlaf, Ba
~---8 'WI d g."'IBg SS
18 assar __. 11..8 ....141 . ... .
fa,Fiate sigB5 ~'o f fitNSt:5 86 felle _/6,
a" emass B _
lIIe SkeelS ar I' . ,
lI'eein.-una a
- f ~ RlhifB
PSJB( 8 . f.
" east e1Jft!hae 8
Pimt ) x.lme
" ~'BB R sad
TelegRlflll 8B UQ ft
"\ ,BiRr IfJJ!faR, f ~egi--:~e
weBt a
,Bist
HBfRe .f Street
DWlidsBB Ekeet
di "ueSlID
r81lf'" u.
Name sf ~tr_
leeiDRiIll at
iBt af eu.A3 "him
fa -'-!i- af
tBUh. _
.8&6
, ---
Te)'BB
Ii [tnet
Ii [tnet
Qri--e
).fedieal CeRter .
"laiR Stf'eet
A BiRt ",]UBR, 11 ~ it
-. , f eeBt8fhae
~:e5t B . " alley R sad
Bf Otaj .
~ ".'IRue
tTeFt:k FBUft "..
.1.. AueBYO
.1.. PBUFt..... _..
)-Taft..
IiriBklM [truot
A ,siRt 8I'J!IfBH. ~g ft
~~BIII af BaBik 1
rtlliae 8S ER ~
em
ERline at
g ..a.... -'BUI
.. --.
i:R.I!~1 at
i:91:Iak
PaiRt sf fiRIf\1. "n;:
(I -';'Ist fftH'1Iliae
iaBita R sad
'" fIIt\IfB } J aRk
Psw af 8tH. af
" ,rlst 1Nfl111B1
}lISt Fls1t'.r ESNe1
} fldisal C.Bter Ct.
}JaFtk
ER j 1 SB F8IBfI
. "nslL ~g it
l. 'Slat a aefCk af Bank
rtlliBe af C E1
81H
Passe del Re)'
~t J.I EKeet
Passe del R.ey
aHt H Eweet
.... BalaRe Ct.
--
a_Fe S8J1R8Rt
iat:ire segme.
" am PaiRt Ct.
..fr ..
liallast PSiRt Ct.
J;sSfe 6IgmeBt
r._.:,. a'JlBe.Bt
IisSFe a'JIB'.
&hlff PaiRt Ct.
n '.&tCt
Cav'Rl . 81 .
Cra~.-,'B Pai. Ct.
fr'rtFl 8IJlBI.&t
D&Ba PSi&( Ct.
isHII _JlBIst
I?iaela Psi. Ct.
Fels. PaiRt Ct.
. .Ct.
Jeremy PBIR
_.re a'JlBe.
Ii_Fe alJIBeBt
IiBtire seJIBe:at
"'e~it
liast J Etflet
1 '0 it BSFtk sf
ie5t J Etfeet
:\II
c.~ '7/7
---- ..).. - / (./
/.
~ide
i:Blitk
iide
ietk
lias1
~r.st
lias1
All
AU
All
:\11
All
AD
AD
.\11
.\U
(R 9/95)
LaguBll PaiR' Ct aB!in 6egIBBIH All
beag PeiBt Ct. aBli" S!gsUBt All
) fWHrs Peiat Ct. ISmin SlgmsBt All
NfuRe sF Streit JleliRRiIll at ERdiRI at Side
Peli68:B. PeiBt Ct. ilHifl BIgBll. ~\11
PeDoalleJs Psi. Ct r._p~ sIgma. -,YI
PaiBt J-AJ:M Ct. ~.... BIJlBIBt All
Pew liveliaR Ct. aatiN sagma.. All
PSHH CaBlille Ct. IiBfin BIIIR,I. ~'\U
Pei. C~:--- Ct. aaSfI BIJlBeBt Adl
PaiR' Ceaeepsea Cf. Ii_rl aegIRoBt All
PsiBt l)etiaBao Ct. Ii_Fe sa,... AU
Psis. QelgBEla Ct. Ii_re ssgmeBt .\11
Psiat I)lMBB Ct. liaSIe segaest Jdl
Psi. lis.era Qr. IiBfifB slgBleBt All
Peiat feHBiae C.. liaSfB SlgBllBt .\U
PaiR' IhioseIB8 Cf. 'iBf:ifB segBIlBt All
Pais heme Cf. Ii_fe filgmeat All
PeiBt ~h,l__M Ct. liBf:ire BOgHleat :YI
Peiat 'flif'! Ct. Ii_ro ssgmea. .\U
Pai. PasiSs Ct lS_ro oogmeat All
Peiat ReIss Ct. Ii_Fe alJlBeBt All
Pew Eal C.. IS_At a'JlBo" :\II
PaiBI EaB 1Mit1 Ct. Ii_Fe alJlBe.. AU
PaiR! i:1H' C.. ISEN StgIB.Bt :YI
Peiat Viel. ~r. Ii... SIJlBlat AU
Pfe5idie PaHM C.. lSBt:if. segm.at .\:11
Rase Psi. Ct. liers SigIBlJBt All
(R 9/95)
~
/d.- - ') /
R Bsli)' Psi. Ct. liMn aIJIBBBf. .\11
~aB J.iMee PeiBt Ct. Ii_Fe SeJIB8Bt All
Name sf ~tf2.et i'eliR.."1iRl 8t EAIliRI at Side
E8R PeEks Peiat Ct. isfifB segmolit .\11
Eeal Peim Ct. ilHin SlgmoBt .\11
SUB6Ut PeiBt Ct. r._.o.:_ s...eRt AU
iEliter's sete: "Rie sHstaB~be &em ef tII. 89URSil ,,".:-:sg ta Se1J.ellllle III ---11".'.-B ~y ..seIHeR at at.l:----e
16 JeI)1Hnll ~j".e V_e). Cass af.o stetl efCaliiaFBia, are -.:-..:8111 iB tk, 8mS' sf.., 8i~. &llfk, tlte dinetat
af ,~IiB vreM &Bd .8 ,aliss MpaFMlest.
~Ise. 11~19, 199~; Rise. 11]]', 199~; Resa. 17419, 199~; IhsB. 11449, 17J:39, Ib8B. 119Q], 1993; R.ess.
16799, 1992; ReBa. l'fig~, 1992; 9f1l. WJ J1 &tart), 19"1 ,fier lias! 119.J1.1 EPaff)).
10.52.290 Parking-Prohibited durlnl c:enaln hours on c:enaln streets-Driver obedience required.
\'lAlla sips ,u,r.sag BesSfelllM81s ant ."sted is 'flub ~IBBk JF.1j.. saase ....8~ Be "RBB -1.-'1 ,ark a
,"ehiel. hetv.ees tlte kBlifB &pleHi.d. Bf ass' MY HSeJ't E1JBtln)'Ei aIHI ,~li8 kB1iM~'fj HiBld ill SeSa8R ]g. 9R.tt9,
as Me.:.!B is gee1ies ]Q.iJ.]gg &Bd [skeiWIe IV ettaekelil kerets aH malils a put sf tlHs ","t, wi.1.:- tAe distf:iet
sr u,es &B)" sf ske 8keOtfi dOSGMSL! iR _iii [okeiNIs 1'/ ef tlte "gister -.:-.-:8811 It}. tAe shy .&Ii_Ir. (9N. ~s
Jl &tan), ]9"; ,Rer sede 11~.t1.1).
Exceot UOOD SuodayS and bolidays snecified iD SectioD 10 08 110 it is unlawful to Dark a vehicle betweeD the bours
snecified of anv dav UDOO anv street 'QOOD which a narkinll control device nrohibitinll or remlatinll such Darkinl2' ha.'\
been instal1ed bv the citv enllineer bv fell1l1ation adoDted DUrsuant to Section 10.04 030 The citv enmneer ch:l11
maiDtaiD witbiD a re2ister a Schedule IV which liSL< the streets or ""mons thereof UDOD whicb the restrictions and
nTohibitions within this section are in effect.
Editor's note: The substantive rerolations nertaiDiD2 to Scbedule IV. are maiDtaiDCd iD the office of the city
clerk the city eD2iDeer. and the ""lice deoartmeDt.
10.52.300 P..hiRl Pfoehildted 11""111 eer1aiR hSIIf& SA eertaiR IUllin iehe".. I'l'. JReservedl
Is assBrdasee wid! Eesaes 19.&4.J9Q, 'WliU8Ht te NseklaBS BF 8-.1:----, sf sko shy 89UBSiI, .d ~:keB
a"re,Rate sigHS have BeeR ereeted giviag BeaSO tltefBef, lie ,eKes .1..'] ,ark a vMi81e It.t'A',eB tAl kBwa 8J18oifiea
kereis es 8:8)' MY eKse,t E'lisdnys &B8 ,.lie he1iiJeYB 1I,8S .,. af sk. fBllElwiBs ..ass SF ,eFtislHJ Bf street!;:
H8JRe sf
itf.
Belin..-ual
at
EatliRl
at
Side
PuliI..
Ptrahihited
Betw...
J Ekeet
PCR _1 ef
CSRe J.18IM
A ,eim 1J~ It
tEl east
t J BlOl
1.99 8.1~ a.lB.
Cepte hlaria PCR. BaRk af
I.. !BHe J Etreet
}. psi. B9 ft
1e BSFtk
lieet
:!.99 3.1~ I'.IB.
~Jc2-?2
(R 9/95)
~ditBf'B BBae. '];,Iu sH8stalKi\ e aets Bf as eBHBSiI ,8....-:-:-8 aB Esltelltil8 IY, -..:I--"'n'~-B. 1Iy f8SehltieB Sf srai- 0,
8B re'I~iJ:ea ~y .. ','eBiele Ceal ef.e slite sf CBlifeHHa, &Ie JMi.Rf:8iBla Hi tit. efiee 8f tit. ei~'
81efk, .8 dinetsr af paelie w8r~ aad .8 psliel d.,8f1IB8Bt
EAses, 1{;191, 1991; 9[11. 91111 &Jut), 19{;{;; ,Fief oelle 119.2J.l EfJ8ftj).
10.iJ.JI0 its"i.." staR1Iinter,adiiRg PttshillitellllHFiRgeertaiRhslIF& sReertaiBltffetf DATer allelienee
.ettBiPetl.
~~8B &1.gBti 11'8 ,,,st,d is rn. 'desk giYiBg Besse *'"8(, Be ,eRBB -'--11 step, S.A-.l, at ,Ilk a .;ehi91e
~lIw,eeB t118 ks1H'S SfllIsHied sf ~' day eRse,t En_.lAYB aM petie kBIi~'B, as MSWR iB 5:astisR 19.~J.129 aM
5:8]u,,11:II. Y, a,eR a&y sf di. stneHi Sf ,af1iaM sf Btfe.as 8fi &856fi"e" iB. _if [sA.EIul. Y f---'-ed lierete .. --..:Ie
a paR sf this Ii1Mt1ter. (91'61.9-11 Jl &t~, 19"; ,fisr Bade 119.11.').
10.52.310
StonniDll. Standin2 or Parkln2-Prohiblted Durin2 Certain Hours on Certain St.........
Driver Obedience Reouired.
Exceot unon Sundavs and holidavs snecified in Section 10 08.110. it is unlawful to stOD stand or Dark a
vehicle between the hours snecified of anv dav uoon anv of the streets or oortions of a street uoon which a Darkin2
control device ~rnlatimt such narkin2 has been installed ~v the citv en2inee[ bv rernlation adQDted Dursuant to
Section 10.040.030. The citv en2ineer .h.lI maintain within a re2ister a Schedule V which lists the streets or
nortions thereof Qnon which the restrictions and Drohibition.~ of this section are in effect.
10.52.320 Ei8"jRI~ staRdiRI eF ,ubi". :PPehihited limB, eertitiR h8Hf'S 8ft eeI1aiR ... f rOt gelledale ','.
IReserved1
Is aaeefdliBtiB \.;ilk ~BskBa ]9,iJ.J19, fJ\H"S1:I8:Bt to resBhuiBR Sf erdi----e sf.e shy eeU:Biil, aM v:JieR
IppISfJHate BiglHi have "ees ,reeaed gi"iag Bsttee akereBf, B8 ,eIseR ~'-A116ts" !itBAd Sf ,Hk a ,,'ehiele "etVle8B die
kBVS Slueifiea kllliR aR 8&)' d&}' sRselH ~1Jptln~' 8:Bd ,uelie ksliC:la~'s ""BB &BY sf.. falIS'il1Bg streets Sf ,anisB5
af 5HeetB:
NalRe sf
Stl.eet
Be,iRfliRI
at
ERIliRI
at
Rears
Eille
Prehihitetl
tiiliaef'fj sets! 'Ria ~fjtal$ve aetB of tile sSBiil ,ertaiBiag ts &eBelftHe Y, HEleFtWs 8)' "BetakeR sr sfdi----e,
&6 rDit\Hfell BY tile Ye&iele Cese sf die state sf CaHfeFBis, 81'8 meiBtBiBtU:i iR di. siRee sf.o shy slefk, tile d:insaef
sf fJuelie ~:9r1is aBd 1M ,sHeil IiUJlBItlR8Bt.
(9N. 9-7111 (faR), 19"; ,fier sada 119.22.1 fp~).
10of2.330 Parklq. TIme limited on certain streets.Driver obedience required.
\ \ ~QleB sigBfi Ifl .rested is loub BIelak giviBg Batiee .'Nsi, 89 plHSR ft'--'l p8fk a ~l.JHele fer ISBIll .'---
::'rI:;. ~:.B:B:"~:-: :.: 9~o:::le~o~:: ::.= '::~Si:.::~/:~:;~::::':~
a p~ sf Ytis ehepter. (9r~.~] 11 ~ 106', '~8r --..If 119.11.~,
. i d~~n~ narkin2 control device re2Ulatin2 such Darkin2 on anv street uoon which such a
\)
(R 9/95)
~
~;2 ~. V
parkinQ control device reinl]atinL! such narkin2 ha..I\ heen installed hv the citv emrineer bv rel11l1ation adorned nursuant
to Section 10.04 030. eXceDt in accordance with the directions of the narkin2 control device. The citv enlrineer .h.lI
maiotain within a re2ister a Schedule VI which lists the streets or oomons thereof noon which the restrictions and
nrohihitions of this section are in effect.
10.52.340 PM:aRg 'J:ilRe limited 18 eeftaiR streets iehedYle 'Jq, rReservedl
Is aiBBf""---U willi E.SSSB 10.12.330. JW17_--6 18 ..seNseB 8f 8f"""----. af *. ei~ 8&11BSiI, &Bd vr:JieB
IfJfJfaJlBIHe sigss hi-i. ~II1IB nested ,Mag Besol ".reef, &8 piNeR ....-11 8t8JI, &1--"" Sf 'H ~' -:Miele fSI a
,eRsd ef iHBe 18H1er 6~__ Retell iR thi6 sskathlo e8 ~. MY .ftB'ln c___..a.y ... pu1llie helida}'s 1I,e8 18)' ef tll!
fsllewHtg Bk18~ sr ,aFUaHS af ...e:
NtuBe 8f
Street
"rhirll :'.I:eBlIe
EB86ta Ekest
reUAB )2:eauB
aBflt PHil T --0
NalRe sf
Street
IbBas'.\'&)'
Del ).tar k;eBue
gel }fH .Yo eBYe
EMs.. ).1. IINO
Vi,QH..y ).t\'IBlIe
Vi,QHMey J...-:IBUI
Ile,in..-uftl
at
ERdinc
at
&:hle
l.elllth sf
'RlRe
~ Atltted
}. ,BiB( . ..t'&siBB
sf 6SUtk eurldiB.e
sf Eha6ki Egeet
,+. ,BiBt ."18)(,
~QO it BSFdt sf
B8M i6HJliae af
I E"eet
Bast
~ B&1IfS
&atk ~ Ba1if5
Ih.aw
~}est 1 Ra1ifS
Lellcth sf
&:ide
TUlle
PlnRitted
gel } far k ewe
'Rtint ) RBBue
~71&t
1 k881
9IWisSBB i:keet
J. ,BiB( 133 " Bam
af Bank 6811diBe Bf
F Elfeet
If_BAal ~Jay [8udi
A ,aiBt 113 11 Bardi
sf B8nk sw11liBl sf
P Effeet
liast
J 'kBlifS
lIegilbHR&:
at
EadiRI
at
~716t 1 Ra11fS
&s1ll ~ RSWS
J-isr:tk J k8111'6
[eut1l J ItBUfS
a~it8fti Bste: 'Ri. stMJsteBW. I ae&3 af 1111 iB1iBSil, ,.i1aiBiR~ 18 EiR.iIule '.q, .___1__. ,,~. ..seNsaH ar s'di----e
18 ....Nil ~}' tile Y_ell Calle eft1le s.... sfCalyaFBia, aru -_:-6.:--d ia.. sIBe. sf.. 8i~' el,fk,.o m"stef
sf ,MHo 'i1 arM aM. *8 ,eliul 4.,..-...
J_ ,aiRt 1 '9 " BBFtIt
ef Be" 61H'11Hae af
Fla'::Br g"'Bt
J. ,aiB( J19 it &eftB
sf BaRk eur111iBe sf
Rawer [treel
fResa. 17'9:1, 1991. Rese. 1"92, 1991; R.IBS. 1761f, 1991; RIB8. 11611,19911 Rise. 17111,1991, ReBs. I1J~9,
1991, Ross. I1Jl1, 199J; Old. 9=7i 11 Ef~, U"" ,fiBr IiIBfle 119.12.1 Ep~).
,J.. ,siBt 1 QQ it 6B\ltk
sf SB\la ewldiBe af
[hasta Ekeet
A ,eiRt J 1 fi 11 seudi
sf ssua 8\IHliBe af
[illS" Efifeet
[Ilfl!aa ["Bet
.\ ,si. ~'Q II Bs~tk
Pol }far .\'\ IBV8
'Pili. 9&IHi h"BBI
"RMrd ,v<. lINe
J.. ,siB( J6i II last
1=hird )2:IB1I8
i_ flsiBt 11Q it 1881
/2~} (~
(R 9/95)
10.52.350 Parallel parkins-Permitted on one-way streets-GeneraJly.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches
of the left-hand curb facing in the direction of traffic movement upon anyone-way street unless Darkin2 control
~ are in place prohibiting such stopping or standing. (Ord. 973 fl (part), 1966; prior code f19.11.7(A)).
10.52.360 Parallel parkIn&-Prohlbited on one-way roadways when.
In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon
any such roadway. DO person shall stand or park a vehicle upon the left side of such one-way roadway unless signs
are in place permitting such standing or parking. (Ord. 973 f1 (part), 1966; prior code f19.11.7(B)).
10.5J:.:!'O Parallel ,..liiHI QR IRe -.V85' str'RIi and .....'Pllys Det__natllR autheFit,..
'Fke &i~' 8R1_IF is BHtkemud 18 liIete_ae 'iI.IS 06--.1:81 Sf ,u1":_g -'--II tie PFBBitlitell1ll1BB sks left l..__A
side sf as)" eM vt'83' Skeet Sf -:.-juaB ati1:Brii.. ef 'Hag ~. ~e ,eRRitteEl 8flBB "8 left 1.__-' siill af.,. eM way
read~'ay Bf a higk"Nay BBsiag w.e af 1R8N Slpuat. FsalilViJlBYs &BiI -'--llenet sigHS IV/iag BekSe *8re9r. (9(11. W~
11 fJJan), 1~'fi.IHj8r GBee 119.11.7(C)).
10.52.380 Parallel parkins-Exception for certain commercial vehicles.
The requirement of parallel parking imposed by Sections 10.52.350 through 10.52.380 shall not apply 1Q ill
1118 I'IIB! any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in
which case such vehicle may be backed up to the curb. provided that such vehicle does not extend beyond the center
line of the street and does DOt block traffic thereby. (Ord. 973 fl (part), 1966; prior code f19.11.7(D)).
10.52.390 DiRllona! parkins-Required when-Procedure.
OR aey skee~ af pertieB6 Bf skeets ssta1llislied ~). fBsakl1ias 8S &liagaBBl ,&fIEiag IBBlB wiles sigHS Bf
,&\ amoRt IB8fIBsgs are is ,lase iBdieaHag !rusk diageB81 ,&fIeal, 86 d86sH~ed ia ~estiBB ]Q.fiJ.1QQ &ad ~ek.Bdul.B
'.'IR adasked aerete &B4 made a ,art ef this aMptlf. it is lHlhw:NI fer the eplRter ef ~. \;eBisle te ,&fit said
velHsle - eJ(sept at tile aBgle ta t:ke SUf'e isdieMed ~)" sigBti af ,tv smeRt marlBagB &lletBag SfJaee tB ,arked -:eBieles
&ad eMu})" V.i.tlHB t:ke limits ef said aBetted Sflaee. with tits Heat 'rAtee} annat tile em iVithiB Bill isekes Bf said
s_1I. (GTE!. ~3 11 fpart). 19"; 'Raf Bade j19.11.g(.~).
It is un1awful at anv time to nark a vehicle uoon anv street or nomaD thereof desimated as a diaQ'onal narkinQ'
zone uoon which a narkin1! control device reQUlatin1! such narkim! has been installed hv the citv engineer bv
re"wation adoDted Dursuant to Section 10.04 030. aceot as follows: the vehicle .h.n be Darked at an an21e to the
curb soecified bv the Darkin2 control device. and entirelv within the limits of the allotted mace with the front wheel
nearest the curb not more than !\:ix inches (6") from the curb. The citv engineer ch:11] maintain within a rem.!\:ter a
Schedule VITI which lists the streets or nomoDS thereof UDOn which the restrictions and Drohibitions of this section
are in effect.
10.52.400 Di8lenel ,..bIR, PUlDitted NheN iekellale "III. rReservedl
.f
IB &808'.1---, witll t8888B tQ.!iJ.]9Q. ,.r---. IB JeseJuSSB Sf eNi-A--s Bf iii. eis,' ee1:l:Bilil, 8B.d vtil..
a"f8f1riate Mgas BBd ,avelBlBt l8ftfIaagB Bn1 is ,1800 gv:iBg 88tie. IM"of. u,t:utaG -1._11", ,.RBiwul is ,S
diageB&lI] \I,es .,. Bf.. felle~iBg Bff88t6 BI ,BFbBB6 Bf SH88~:
}JalRe ef Street
lIecinniq at
ERdiRl at
~hle
(R 9/95)
~
.-
/.2 ~7 ~
iast PaRt T ---
:F ~t:feet
A ,ei. 19Q it 8811*
sf 9811* iJUftJliae af
gB..~d68B Ewet
VL'.st
/
l
liditer's Bete: 'RiB MS'"--"':"" ae1fi sftk. OB'lJlfluil. ,_MaiBi. 'a [eltllhtl. 'q. ~ -"'-~ftJi1JB "')' flsalllsi8R sr 8f"'~---~e
&6 nEftlind lt~ die YelHeIe Caile af tike s.... af CalifafBia. &nImeillMi._d is ako eMe. sfake Bi~ eIIEk, 111. mnstgr
sf "elis -::8rk6 aB4 tile ,elie. deparfJRsst.
)'
"... fResa. 1:613,1991; 9rEl. 9-13 11 (p~, 1966; pRSf S8M 119.aJ.l ijI~).
.' r
~ 1t.5>.41O ........ ,,-.A_ "'.......____.
. '-.. The provisions of SectiOIlS 10.52.390 IIIf9ugk 11I.~J.1111 shall DOt apply 1ILI1\MD lIIIek vehicle is actually
engaged in the process of loading or lUlloading passengers, freight or goods, in which event the provisions applicable
in Sections 10.52.350 through 10.52.380 of this chapter shall be complied with. (Old. 973 11 (part), 1966; prior
code 119.11.8(B)).
10.52.420 Motorcycles-Parallel park!DI permitted when.
It is lUIIawfu1 for the operator of any motorcycle to park said motorcycle parallel to the. curb as defined in
this chapter in any space designated by pavement markings or indicated by meters lUIIess said motorcycle is parked
entirely within the limits of the allotted space and at least one wheel or fender is touching the right-hand curb.
Where no curb or barriers bound any roadway, right-hand parallel parking is required lUIIess otherwise indicated;
provided further, that no more than one vehicle of any type may be parked within any allotted parking space. (Old.
1595 fl (part), 1974; Ord. 1201 fl (part), 1969; prior code fI9.11.9(1)).
10.52.430 Motorcycles-Diagonal parklDl permitted when.
It is lUIIawful for the operator of any motorcycle to park said motorcycle except at the angle to the curb
indicated by .i~ sr )!WJIIBIDt Darkin2 control devices or cavement markings allotting space to parked vehicles,
and entirely within the limits of said allotted space, with the front or rear wheel of said vehicle within eighteen
inches of the curb; provided further, that no more than one vehicle of any type may be parked within such allotted
space. (Ord. 1595 U (part), 1974; Ord. 120111 (part), 1969; prior code 119.11.9(2)).
10.52.440 Motorcycles-Applicability of provisions-Exceptions.
The provisions of Sections 10.52.420 and 10.52.430 shall DOt apply ",klD !IIlek UU vehicle is actually
engaged in the process ofloading or lUlloading passengers, freight or goods, in which event the provisions applicable
in Sections 10.52.350 through 10.52.380 of this chapter shall be complied with. (Ord. 1595 11 (part), 1974; Old.
120111 (part), 1969; prior code 119.11.9(3)).
10.52.450 Parldna-Prohlblted durin& certain boun of certain days on certain streets for the purpose of
street sweepiDl-Driver obedience required.
~~eB ..eIt "'18ek af a ,F.-IR BInet Me 'h..R siga ,asted ~:iBg BeaSI _fl8f, Be IURBR ~1u11 ,aflt a v_ale
tI'~'eeB *8I1a1ll& .eeifieEl. 8B iii, MY af.e 'ire.IE "lsiRed, 86 sk81''' is ~Bes.8B lQ.iJ.~'O ad [eJuHle XP.'
_"aelled k'fI1I~8 &B4 made 8 ,art sf this ~tef, wi1lHB *I! &isHis, Sf ""88 ~. sf tk. 8.1116 deasRl3eEl iB &&id
EeBB81He XIY. (9nl. a:1'] IJ. 1999).
~ ~.
/ cl - / .b"
(R 9/95)
It is unlawful to nark a vehicle on anv street durin~ the times snecified for street c1~.20nim! unon which a
narkinll control device rem1latin~ and nrohibitiD2 such oarkim!' has been in.c;ta1led on each block of that street in its
entiretv bv the citv en2ineer. restrictin2 Darkin2 between certain hours on certain davs of the week bv rerulation
adoDted Dursuant to Section 10.04.030. The citv en2ineer shall maintain within a re2ister a Schedule XIV which
lists the streets UDOn which the restrictions and orohibitions concemiIl2 street sweeninQ rellUJations are in effect
10.52.460 Pulii... Prehihited dBriRl eertaiB hlHf'S If eu1aiR days 8R ..-1aiR sh .- fer the I1J1111U8 .f
Itreet Wl'feepiRl. rReserved1
gCHi~fY_1! XP!
Is. aeaer~---1! Villislt Eeoa9B 19,fi2,~~9, 1'1:11'--. te "BemBSR Sf B'.I:----. sf tile ei~' eeMSH, aM
'ilillB a'IU8f1riatl sig&S have haIR I'Bmut SI" feFtk Ill, My af sit, ""1. IIIHI .. 119UI1i Bf tile My sliM
'HBg is p,a8HJi'.d fSf site PaFI'BSI Bf Bt:fBlt B9.I.,iBI, giviBt Beaee a_reef, Be ,lf8eB _10._11 pHk
a v.Wele lIePA'IUR *8 ka1ifS sposified as Ill, Mj' sf *. "':Iek SJluiied fsr *. JMJ8S1 sf street
M['..,i. 1IIJSB &By sf.e fe1l8t1Hg 8'18916 af ,aMaBS af 81rell6,
N 8:lBe Bf
[treet
RegiBBiag
l.t
At
~Ri:liag
&If
P~'.'B
PreBieited
llaurs
PrelHtlited
"'sBlII.aVL1i k;.,
"'ee8laVL1i A..'e.
II [t,
II ~t,
CaI. de gee
Cat de [as
Vo'est
iia8I
'J:kUftulas'
'Tx1nmulay
11_
IpBl
1 J1H1
J pm
(Qrd. JJU 13. 1988).
10.52.470 Parkine-Scope of restrictions.
No section of this chapter shall be construed as permitting any parking in violation of any other provisions
of this title. (Ord. 2261 fl. 1988; Old. 973 ~I (part). 1966; prior code f19.17.15).
~
10.52.480 Municipal Parking Lots-Designated-Manner of Parkine Required-Schedule XV.
Pursuant to Vehicle Code Section 22519, the following are&i are designated as off-street parkins lots owned
or operated by the City. It is unlawful for any vehicle to park in a municipal parkins lot. except in accordance with
the angle to the curb indicated by signs or pavement markinss allotting space to parked vehicles and entirely within
the limits of said allotted space, with the front wheel nearest the curb and within six incl1es of said curb or other
stop, and in accordance with the time limits indicated on signs erected in the area. bv the citv en,,;neer mlron.nt
to rerulation adonted under Section 10 04 030. The citv en,,;neer <h.1\ maintain within a re,,;ster. a schedule XV
listiml the restrictions annlicable to these locations,
Designated Parkinll Lot
Location
No. I
Nonhwest corner of Church & Madrona
No.2
200 block of Landis
(R 9/95)
y
/:2 ~ 7;
No.3
Nonheast comer of Landis & Davidson
No.4
Nonhwest corner of Church & Davidson
No.5
Southwest comer of Church & Davidson
No.6
Near Southeast corner of Third & Madrona
No.7
Near Southeast comer of Landis & E Stn:et
No.8
281-287 Church Avenue (Church & Del Mar)
No.9
230-232 Church Avenue
No. 10
Norman Park Senior Center between F & Center Stn:et
Downtown Parking Structure
Southside of Third Avenue & F Street
Employee Parking Lot
Northside of F Stn:et west of intersection with Founh Avenue (West of
fire station and that area east and north of the fire station desimated a
nermit reouired narkiu area )
(Ord. 2488 ~I. 1991; Ord. 2436 ~I. 1991).
]0.52.490 Prohibitions ReI!ardin!! Parkin!! of Overhel!!ht Vehicles - Scltedule IX
& It is unlawful to nark an ovethei2ht vehicle. as defined in Section 10 52.490D. uoon anv street or nortion
thereof unon which a narkin!! control device rel!ll1atin!! the narkin!! of overflei2ht vehicles has been installed
bv the Citv Enl!ineer nursuant to rel!Ulation adonted under Section 10.04.030 and Section 1O.52.490B The
Citv Enl!ineer shaH maintain within a rel!ester a Schedule IX which lists the streets or nortiODS thereof UDOn
which the restrictions and nfohibitions of this section are in effect.
I!.. Pursuant to California Vehicle Code Section. 22507 and 21360 the City Enl!ineer mav establish bv rel!U!ation
those locations where Darkin~ of overhehzht vehicles is to be restricted hgc::prl UDOD the &illht obstruction nosed
bv an overbeie:bt vehicle to vehicles enterine: the roadwaY from an intersection. p2Tlrinu restrictions !i:hAll be
limited to a maximum distance of 100 feet from the Point of Curb Return (PCR) of the intersection alOOl! the
roadwav.
~ As used in this Section 10 52 490. the term "intersection" !i::h~11 include. in addition to the mf":anin2 nrescribed
bv the California Vehic1e Code Section 365 an intersection with a roadway of a ~ior use driveway from
a multi-familv residential facititv or sbonninil or business center or any amiw use which ile~rates a traffic
flow at least eaual to that encountered at the intersection of a minor street with the affected roadwav.
~ As used in Section to.52.490A. the term "overheiilht vehicle" mPJln!i: any vehicle with a heillht of six (6) feet
or more at anv noint inc1udinil the load. cab or bodv. when measured from the roadwav
Ea. The City Enilineer mav nrescribe nrocedures for fuU cost recover\' of the insta1lation of narkiJU! control
devices at intersections from nrivate nronertv
!!!!!
~ /2~?,,)['
(R 9/95)
Cbapter 10.56
PARKiNG METERS, PARKiNG METER ZONES AND PERMIT PARKiNG
Sections:
18.~'.819 '.rehiele .JeRaed. rReservedl
10.56.020 Meters-Installation and maintenance-Rates for use-Tokens pennitted when.
10.56.030 Meter zones-Established-ReKUlatlons ,enerally.
10.56.040 Meter zones-Deslanated-Fees-5chedule XI.
10.56.050 Meter zones-Authorization for establishmeDt.
10.56.060 Meters-Placement and removal of posts.
10.56.070 Meters-InstaIlatlon-Authority.
10.56.080 Meters-lnstaIJation-Location.
10.56.090 Meters-Operatlon described.
10.56.100 Meter zone-Manner of parklnl required.
10.56.110 Meter-DrIver operations required.
10.56.120 Meter zone-Parldna unlawful when.
10.56.130 Parkhll meter-Overtime.
10.56.140 Parklnl meter-Extra time prohibited.
10.56.1st Parklnl meter-Time of operation.
10.56.160 Parklnl meter-Tamperin& with.
10.56.180 Meters-lmproper use prohibited.
10.56.190 Deposit of coins by unauthorized person prohibited.
10.56.200 Meters-Umltatlons on use for certain purposes.
10.56.210 Rules of evidence-Parklna1n metered space deemed unlawful when.
10.56.220 Rules of evidence-Vehicle deemed parked by owner when.
10.56.230 Rules of evidence-Parkln, in unmetered space deemed owner's responsibility.
10.56.240 Meters-Collection of deposited coins.
10.56.250 Meters-Purchase, lease and maintenance jurisdiction.
10.56.260 Meters-Use 01 moneys collected.
10.56.270 Permit park!1II-Eslablished-Administration authority.
10.56.280 Permit parklnl-Authorized when-Sticker or T&I Required.
10.56.290 Permit parklnl-Areas desianated-Schedule XU.
10.56.300 Permits or Tal5-Cost-Perlod of validity-Proratina pennitted when.
10.56.310 Permits or Taas-Sale procedure-Placement of sticker.
10.56.320 Permits cr Taas-Issuante and use.
18.i€.918 Yehiele deAa!d.
n. werd "-:_sle" 16 used kBfBis IBUII:B5 ~. de\'iee ~y "jqmek ~. ,eFSBS Sf 'fBJlI!~ IB8Y ". tnAsJleFtBtI
UJ'BR a SHee. Sf BigkW8i Helll. *8S8 e,ufBted. BtJBB Nile Sf .-sshs. (9rll. 9ii 11, 191ii).
10.56.020 Meters-lJodaUatlon and maintenance-Rates for use- Tokens pennitted when.
The city council shall provide for the installation of narkinR meters including curb or street marking lines,
regulation and operation thereof, and sbal1 cause said meters to be maintained in good workable condition. MderS
shall be placed upon the curb IICXt to individual parking places and meters sbal1 be so constructed as to display a
signal showing legal parking upon deposit therein of the proper coin or coins of the United States, as indicated by
instructions on said meter, and for a period of time c:onfoIJning to the parking limits of the city, said signal to
remain in evidence until expiration of the parking period so designated, at which time a dropping of signal or some
other mechanical operation shall indicate expiration of the parking period. When any vehicle shall be parked next
to a parking meter. the owner pr operator of the vehicle shall park within the area designated by the curb or street
(R 9/95)
~ J;2-7i
marking lines as indicated for parallel or diagonal parking and upon entering the parking space sbaH immediately
deposit coinalZc in 6&iQ ~ meter~ 85 fellsVI's: and said Darkinl2 mace mav he then used bv such vehicle durinlZ the
Iei!al DarJdni! limit Drovided bv the ordimmr.ts and resolutions of the citv. as foIJows:
A. A five-<:ent coin for eacb ten-minute interval of the thirty-minute. one bour and two-bour meters; or
B. A ten-<:ent coin for eacb twenty-minute interval of the thirty-minute. one-bour and two-hour meters; or
C. A ten-<:ent coin per bour for eacb four-bour and nine-bour meter for the maximum legal parking time limit
established for said zone; or
D. A ten-<:ent coin or two five-<:ent coins for each twenty minute interval for each two-bour meter for the
maximum legal parking time limit estabIisbed for said zone; or
E. In lieu of the deposit of five-<:ent coins hereinabove referred to, there is specifically authorized the use of a
token approximately the size of a five-<:ent coin; the design and shape of such token sball be on file in the
office of the city clerk and such design may be changed from time to time by resolution of the city council.
Such tokens may be purchased in reasonable amounts from the finance officer. It is 1118811 "-'-wfIH 18 ill
MY -^--ur Je~fBduB8 Sf ---ufaeturt ST 991HMeFfeit .ell teli.BIIIJUII,' "'8R wHUIB aUy.BR~' sf tile ei~';
it is mMker deelared sa1-.ti 18 lMf.'U Jl888eSsiss sf as.}" &1Yg. ..taI ,ilse Sf 8"( lleviee ea,a1de sf Boiag
\!Bes is ,Iaee Sf is liey sf a UBitea ~"'e6 eeis iB .. ,&fIBag ....fS af {:HIa V.. wi. mUBI is HI --- e,
eJlsept SkB58 .shellS audtemrrtl try *0 sit}".
~ais p&fbiag s,aee may 'ee shea _od BY 911GB uMiat. mag tit, legal '--~"':-8 1:_:, flrS"'itled \Jy tile
enli8&BBeS 88 FB5ShuisBB ef 1h.e eity.
L. It is unlawful in anv manner to renroduce or m~nufacture or counterfeit the token.~ described in Section
10.56 020E. excent UDOU written authoritv of the Citv. It is unlawful to use or oossess with the intent to use
in a uarking meter anv slug. metal niece or other device excent those tokens authorized bv the Citv. which
is canable of being used in nlace or in lieu of a United States coin in the narking meters of Chula Vista.
(Ord. 2436 ~2. 1991; Ord. 2367 ~I (part). 1990); (Ord. 2143 II (part). 1986; Ord. 955 13, 1965).
10.56.030 Meter zones-Estahlished-Regulations aeneralJy.
Pursuant to the authority of Vehicle Code Section 22508, parking meter zones and the rate of fees for such
zones as heretofore established by ordinances are readopted upon those public parking lots and streets or parts of
streets as described in Section 10.56.040, __Schedule XI_elllII Benla'" HIlde I ,lilt af IBis ekefot8r, in which
zones the parking of vehicles shall be regulated by parking meters between the bours specified in said Schedule XI
of any day except Sundays and public holidays defined in Section 10.08 110. (Ord. 2436 13. 1991; Ord. 973 II
(pan), 1966; prior code 119.17.I(A)).
10.56.040 Meter zones-Deslanated-Fees-Schedule XI.
In accordance with Section 10.56.030 of this Chapter. parking meter zones are hereby established upon those
public parking lots and streets or portions of streets described herein in which parking of vehicles sball be regulated
by parking meters between the hours specified in Section 10.56.150 and upon the signs erected thereon, and for the
duration specified below and upon the signs erected thereon. of any day except Sundays or public bolidays ~
in Section 10.08 110, as follows:
Schedule XI
)) - Yt}
~
(R 9/95)
Name of Street Be~nning At Endim! At ~ Duration
Third Avenue Alvarado Street "E" Street East 2 hours
Third Avenue Roosevelt Street "E" Street West 2 hours
Landis Avenue "F" Street 300 FI. north of EfW 2 hours or
north curbline 9 hours
of "E" Street
Church Avenue "F" Street "E" Street Erw 2 hours or
9 hours
"G" Street 40 ft. west of 100ft. east of South 30 minutes
west curbline of east curbline of or 2 hours
Third Avenue Church Avenue
"G" Street 125 ft. west of 450 ft. east of North I hour or
west curbline of east curbline of 2 hours
Third Avenue Third Avenue
Gmell Avenue 100 ft. south of 150 ft. north of N/S 2 hours
south curbline of north curbline
"E" Street of "E" Street
Park Way 100 ft. west of Third Avenue N/S I hour
west curbline of
Third Avenue
Del Mar Avenue "F" Street Center Street East 9 hours
Madrona Street Third Avenue 125 ft. east of N/S I hour
east curbline
of Third Avenue
"F" Street Gmell Avenue Del Mar Avenue North 30 minutes
or I hour
or 2 hours
oF' Street Church Avenue Del Mar Avenue South 2 hours
Center Street Third Avenue Del Mar Avenue N/S I hour or
9 hours
Center Street Third Avenue Del Mar Avenue South I hour
"E" Street Church Avenue Del Mar Avenue N/S 2 hours
"E" Street Gancll Avenue 100ft. east of N/S 2 hours
east curbline of
Landis Street
Public Parkin2 Lot Duration
No. I: Nonltwest corner of Church & Madrona 9 hours
(R 9/95)
~ /;2~Y/
No.2: 200 block of Landis 4 hours and/or 9 hours
No.3: Northeast comer of Landis & Davidson 4 hours and/or 9 hours
No.4: Northwest comer of Church & Davidson 4 hours and/or 9 hours
No.5: Southwest comer of Church & Davidson 4 hours and/or 9 hours
No.6: Near Southeast comer of Third & Madro... 9 hours
No.7: Near Southeast corner of Landis & "E" 4 hours and/or 9 hours
No.8: 281-287 Church Avenue (Church & Del Mar) 4 hours and/or 9 hours
No.9: 230-232 Church Avenue 4 hours and/or 9 hours
No. 10: Southwest corner of Church & Center Street 4 hours and/or 9 hours
No. 11: Norman Park Senior Center between "P"
Street & Center Street 2 hours
The city engineer "h~t1 maintain within a register a Schedule XI listinL! the restriction.~ .nnlicahle to these locations
where narkin2 meter zones have been established.
(Ord. 2623 U, 1995; Ord. 2488 12, 1991; Ord. 2436 14, 1991; Ord. 973 II (part), 1966; prior code U9.22.1
(part)).
10.56.050 Meter zones-Authorization for establishment.
The city engineer is hereby authorized, subject to the adoption by the city council of amendments by
ordinance to Section 10.56.040 and Schedule XI, to establish parking meter zones and the rate of fees at other
locations upon those streets or parts of streets where it is determined upon the basis of an engineering and traffic
investigation that the installation of parking meters shall be necessary to aid in the regulation, control and inspection
of the parking of vehicles. (Ord. 973 II (part), 1966; prior code 119.17.1(B)).
10.56.060 Meters-Placement and removal of posts.
The city engineer shall cause parking meter posts and annrODriate narkin~ control devices to be installed and
removed pursuant to this chapter in a parking meter zone. (Ord. 973 11 (part), 1966; prior code 119.17.1(C)).
10.56.070 Meters-Installation-Authority.
The city finance officer sball cause parking meters to be installed in accordance with the rate of fees adopted
by the city council in a parking meter zone. (Ord. 973 U (part), 1966; prior code U9.17.1(D)).
10.56.080 Meten-InstaIJatlon-Loc:ation.
Parking meters shall be installed upon the curb or sidewalk or area immediately adjacent to each parking
space in a parking meter zone. Each meter sball be placed in such manner as to show or display by sign or signal
that the parking space adjacent thereto is or is not legally in use. (Ord. 973 I I (part), 1966; prior code
f19.17.2(A)).
~/.2 - 6d.-
(R 9/95)
10.56.090 Meters-Operation described.
Each parking meter shall be set to display, after the operational procedure has been completed, a sign or
signal indicating legal parking for that period of time conforming to the limit of parking time for the zone in which
said parking meter is installed, and shaJl continue to operate from the time of the completion of the operational
procedure until the expiration of the time fixed as the parking limit or a portion thereof for the parking space for
which said meter is p1aced. Each said meter shaJl also be arranged so that upon the expiration of said legal parking
time it will indicate by a mechanical operation and by proper signal that the lawful parking period has expired.
(Ord. 973 11 (pan), 1966; prior code 119.17.2(B)).
10.56.100 Mete' zone-Manner of parklnl required.
When a parking space in any parking meter zone is parallel to adjacent cwb or sidewalk, any vehicle parked
in such parking space shaJl be parked so that the foremost pan of such vehicle shaJl be alongside of the nearest
parking meter; when a parking space in any parking meter zone is diagonal to cwb or sidewalk any vehicle parked
in such parking space shall be parked with the foremost pan of such vehicle directly at and nearest to such meter.
(Ord. 973 11 (pan), 1966; prior code 119.17.3).
10.56.110 Meter-Driver operations required.
When any vehicle is to be parked next to a parking meter, the owner of or operator of said vehicle shaJl park
within the assigned area designated by marking lines indicating parallel or diagonal parking. Upon entering said
parking space, the owner or operator of such vehicle shaJl imm~tely deposit a coin or coins of the United States
or other authorized tokens as required by said parking meter and conforming to the limit of parking time or any
authorized fractional portion of such limit as may be authorized for the zone in which said parking meter is installed.
After the deposit of such coin, coins or other authorized tokens as required by this section, the owner or operator
of such vehicle shall turn any crank. knob, handle or other device in accordance with the instrUctions posted on the
face of said parking meter. (Ord. 973 ~I (pan), 1966; prior code 119.17.4(A)).
10.56.120 Meter zone-Parkinl unlawful when.
Said parking space may then be used by such vehicle during the legal parking limit or fractional pan thereof
as may be authorized for the zone in which said parking meter is installed. Said vehicle shall be unlawfu1ly parked
if it remains in said space:
A. When the owner or operator has not complied with the operational procedure described i!!..Section 10.56.110;
or
B. Beyond the legal parking limit or fractional pan thereof as indicated by a sign or signal displayed by such
parking meter.
(Ord. 973 11 (pan), 1966; prior code 119.17.4(B)).
10.56.130 Parkin& meter-Overtime_
No person shaJl permit a vehicle to remain parked in any parking meter zone when the meter shows the
parking time has expired. (Ord. 1867 U (pan), 1979; Ord. 973 11 (pan), 1966; prior code 119.17.4(C)).
10.56.140 ParkiD& meter-Eatra time prohibited.
(R 9/95)
~//(:) ~K_l
A. No person shall pemtit a vehicle to remain parked beyond the period of legal parking time established for
any parking meter zone.
B. No person shall deposit or cause to be deposited in a parking meter any coins for the purpose of increasing
or extending the parking time of any vebicle beyond the legal parking time v.iJich has been established for
the parking space adjacent to which said parking meter is placed.
(Ord. 1867 f2 (part), 1979; Ord. 973 fl (part), 1966; prior code fl9.17.4(D)).
10.56.150 ParklnK meter-Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of nine a.m. and six
p.m., except Sundays and holidays defined in Section 10.08.110; provided, however, that whenever the city council
provides by resolution or ordinance that the parking time limits shall be effective at other times, said parking time
limits shall be effective at II!&!! other times, 111!1 said parking meters shall be operating during all the times within
which the parking time limit is effective. (Ord. 2436 f5, 1991; Ord. 1867 f2 (part), 1979; Ord. 973 f1 (part),
1966; prior code fI9.17.4(E)).
10.56.160 Parking meter-Tampering with.
It is unlawful and a violation of the provisions of this chapter for any unauthorized person to deface, injure,
tamper with, open or wilfully break, destroy dr impair the usefulness of any parking meters installed under the
provisions of this chapter. (Ord. 1867 f2 (part), 1979; Ord. 973 f1 (part), 1966; prior code fl9.17.5).
10.56.180 Meters-Improper use prohlhited.
No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug,
deviee or metallic substitute for a coin of the United States except parking meter tokens authorized by the city; or
deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter. (Ord.
973 fl (part), 1966; prior code fI9.17.7).
10.56.190 Deposit of coins by unauthorized person prohibited.
No person, other than the owner or ope.rator of a vebicle, or a member of the police department as authorized
in Sections 10.56.110 through 10.56.150 of this chapter, shall deposit any coin in any parking meter without the
knowledge or consent of said owner or operator of the vehicle using the parking space immediately adjacent to said
meter. (Ord. 973 f1 (part), 1966; prior code f19.17.8).
10.56.200 Meters-Umltations on use for certain purposes.
No person other than an authorized employee of the city shall attach anything to a parking meter or parking
meter standard. No person shall allow a bicycle, newsrack or any other article or thing to lean against a parking
meter or a parking meter standard. (Ord. 973 f1 (part), 1966; prior code fl9.17.9).
10.56.210 Rules of evldence-Parldna In metered space deemed unlawful when.
The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays
the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vebicle has been
Jd-S ( ~
(R 9/95)
parked or allowed to stand in such space for a period longer than pennitted by this chapter. (Old. 973 II (part).
1966; prior code fI9.17.10(A)).
10.56.220 Rules of evidence-Vehicle deemed parked by owner when.
The parking or standing of any motor vehicle in a parking space which is controlled or regulated with the
aid of a parking meter shall constitute a prima facie presumption that the vehicle has been parked or caused to be
parked by the owner of such vehicle. (Ord. 973 II (part). 1966; prior code f19.17.IO(B)).
10.56.230 Rules of evidence-ParldDa In unmetered space deemed owner's responsibility.
The parking or standing of any motor vehicle in any parking space upon any street, alley or public place or
parking lot in the city shall constitute a prima facie presumption that the vehicle has been parked or caused to be
parked by the owner of such vehicle. (Ord. 973 f1 (part), 1966; prior code f19.17.IO(C)).
10.56.240 Meters-Collection of deposited coins.
The coins deposited in the parking meters shall be collected by duly authorized agents of the city finance
officer. (Old. 973 fl (part). 1966; prior code 119.17.11).
10.56.250 Meters-Purchase, lease and maintenance jurisdic:t1on.
The purchasing, leasing, repairing and maintenance of parking meters. the placement and removal of parking
meters from parking meter posts. and the payment of any and all expenses relating or incidental thereto sha1I be
under the jurisdiction of the city finance officer. (Ord. 973 II (part), 1966; prior code 119.17.12).
10.56.260 Meters-Use of moneys collected.
All moneys collected from parking meters in the city shall be placed in a special fund, which fund shall be
devoted exclusively to any or all of the following purposes:
A. For the purchasing, leasing. installing, I:CPairing, maintaining. operating. removing, regulating and policing
of parking meters in this city and for the payment of any and all expenses relating or incidental thereto;
B. For the purchasing, leasing, acquiring, improving. operating and maintaining of off-street parking facilities
in the city;
C. For the installation and maintenance of traffic control devices and signals;
D. For the painting and marking of streets and curbs required for the direction of traffic and parking of motor
vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal and interest on off-street parking revenue bonds issued
by the city or any parking district organized within the city.
(Ord. 973 f1 (part), 1966; prior code 119.17.\3).
(R 9/95)
/'
~ /,}-8:1
10.56.270 Permit parking-Established-Administration authority.
Notwithstanding any other provisions of this chapter, there is hereby established a system of permit parking
which the finance office shall administer subject to the standards and provisions set forth in Sections 10.56.280
through 10.56.320 (Ord. 973 11 (pan), 1966; prior code AI9.17.14 (pan)).
10.56.280 Permit parking-Authorized when-Sticker or T8I required.
In those parking meter zooes and municipal parking lots approved by ord;n.nc~ of the city council,-<llld
described in Section 10.56.290 ad [ikeHle XlI afWlekld _.ta _ milder I ,an af tIH6 'aa,ter and listed in
Schedule XII of the relnster maintained bv the citv enmneer. no person shall park any vehicle upon any ef-tIIe
fel1e'-iBg public parking lots owned or operated by the city except when such vehicle is parked in accordance with
regulations on appropriate signs erected giving notice of the requirements to display the permit parking tag (or for
a designated employee parking lot, a valid penuit parking sticker obtained from the Director of Personnel in the
manner required by Section 2.56.310) and then only for the duration specified in said Schedule XIJ and on said
signs. (Ord. 2436 A6, 1991; Ord. 2131 II, 1985; Ord. 973 AI (pan), 1966; prior code fI9.17.14(A)).
10.56.290 Permit parking-Areas tlesienated-Schedule XU.
Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with Sections 10.56.270 and
10.56.280, public parking lots 1-10 (parking meter zones) and the employee parking lot on the north side of "F"
Sueet west of intersection with Fourth Avenue (west of the fire station and that area east and north of the fire
~ are also designated as permit parking areas wherein vehicles displaying appropriate parking permits or tags
shall be allowed to park in spaces so marked for up to nine hours (all day). (Ord. 2488 f3, 1991; Ord. 2436 A7,
1991; Ord. 2131 fl, 1985; Ord. 973 AI (pan), 1966; prior code 119.22.1 (pan)).
10.56.300 Permits or Tags-Cost-Period of validity-Proratinll permitted when.
Said parking permits shall be sold to cover a calendar quarter of three months duration only, for the Required
Fee(s). Said tags may be obtained at the city finance office. Applicants must be merchants or employees of
merchants owning or operating businesses within the Downtown Business Area or City officers on behalf of City
employees assigned to Norman Park Center. Applicants may request a proration of the quarterly fee if they are
purchasing permit for the balance of the calendar quarter, and such proration shall be made at the sole discretion
of the finance officer and no other proration shall be allowed. For employees assigned at City Hall, permits may
be obtained from the Director of Personnel for parking in the adjacem employee parking lot. (Ord. 2506 I I (pan),
1992; Ord. 2488 14. 1991; Ord. 2436 18. 1991; Ord. 2131 II, 1985; Ord. 973 11 (pan), 1966; prior code
i19.17.14(B)).
10.56.310 Permits or Tap-Sale procedure-PI."""""lt of sticker.
The finance officer shall establish the necessary procedure for the sale of such tags, and shall obtain the
necessary tags which when displayed from the interior of a vehicle shall be clearly visible from the exterior of the
vehicle. Said tags shall be placed on the interior rear view mirror when the vehicle is parked, and shall be removed
before the vehicle is placed in motion. For employees with parking stickers for the employee lot obtained from the
Director of Personnel, the sticker shall be placed within a seven-inch square in the lowest corner farthest removed
from the driver's position of the from windshield pursuam to the requirements of Section 26708 of the California
Vehicle Code. (Ord. 243619,1991; Ord. 973 fl (pan), 1966; prior code f]9.17.14(C)).
10.56.320 Permits or Taes-Issuance and use.
/;2-gt
~
(R 9/95)
Such permit or tags shall be issued to the person applying therefor, and may be used on any vehicle owned
by the permittee displaying such permit, decal, or tag. (Ord. Ord. 2436 Ii 10, 1991; 973 iiI (part), 1966; prior code
1i19. 17. 14(D)).
(R 9/95)
~
/~ -~/?
Chapter 10.60
LOADING ZONES"
Sections:
10.60.010 Establishment and curb markina authorlzed-Umltatlons.
10.60.020 Curb loading zone-Pennit fees.
10.60.030 Curb markings-Color to Indicate use-Drlver obedience required.
10.60.040 Permission to load or unload-Effect and time limits- Enforcement.
10.60.050 Yellow loading zone-Use for other purposes prohibited.
10.60.060 Passeuaer IoadiDa zone-Use for other JIIII1IORS prohibited.
10.60.070 Bus zones-LocatIon authority.
10.60.080 SpedaI pasW\ger loadin, zones-Establishment-LocatIon-Hours of operation-Use
restrictions.
10.60.090 Funeral zones-Use restrictions.
10.60.100 Tulcab stands-Establishment authority-Curb markina-Use restrictions.
10.60.010 Establishment and curb markin, authorlzed-Umltation.
'Ria Gi~' BB_iI, hy FeSehnj,sR 1:ItIBB site reee--uBlkt:i.sBS lH Bv remlation Dursuant to Section 10.04.030
and uoon DavmeDt of reQuired fees. the city engineer, may establish the location of loading zones and passenger
loading zones as follows: At any place in any business district, and elsewhere in front of the enttance to any place
of business or in front of any hall or place used for the purpose of public assembly.
StteIt Il,pading zones shall be indicated by yellow paint upon the top of all curbs in said zone, and passenger
loading zones shall be indicated by white paint upon the top of all curbs in said zones. In no event shall more than
one-half of the total curb length in any block be reserved for such purposes. (Ord. 973 ~I (part), 1966; prior code
~19.12.1).
10,60.020 Curb loading zone-Permit fees.
Applicants for a curb loading zone permit shall pay the Required Fee(s). (Ord. 2506 ~ I (part), 1992; Ord.
1810 ~I, 1978; Ord. 1205 ~2 (part), 1969; prior code ~27.1102).
10.60.030 Curb markings-Color to indicate use-Driver obedience required.
A. Whenever the eit~. BBHeil B7 F85shnisB au1ksM8s .sa city engineer determines the need to install a narkinil
control device to indicate parking or standing regulations, subject to the provisions and limitations of this
chapter, the city engineer shall place the following curb markings to indicate sai4 parking or standing
regu1atioJlSo;~ seiEllB&fIBagB ie .VI aM &1---:818 6.t feftk keniBI
1. Red means no stopping, standing or parking at any time except as permined by the Vehicle Code, aBII
except that a bus may stop in a red zone marked or signed as bus zone;
2. Yellow means no stopping, standing or parking at any time between seven a.m. and six p.m. of any day
except Sundays and holidays soecified in Section 10.08 110 for any purpose other than the loading or
unloading of passengers or nwerials, provided that the loading or unloading of passengers shall not
consume more than three miuutes and the loading or unloading of materials more than twenty minutes;
3. White means no stopping, standing or parking for any purpose other than loading or unloading of
passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three
(R 9/95)
<~
/,;2 -Z--6
minutes, such resttictions to apply between .seven a.m. and six p.m. of any day except Sundays and
holidays soecified in Section 10 08 110 except said resttictions shall apply at all times when such zone
is in front of a hotel or mailbox, or theater MiejII when the theater is eIe6eiIt !!11m;
4. Green means no standing or parking for a period longer than twelve minutes at any time between nine
a.m. and six p.m. on any day except Sundays and holidays .......;fied in Section 1008 lID unless
otherwise DOsted.
B. When the city engineer, as authorized under this chapter, has caused curb markings to be pIaced, no person
shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the
provisions of this section.
(Ord. 973 II (part), 1966; prior code 119.12.2).
10.60.040 PermIssion to load or unload-Effect and time IImIts-Enfon:emeot.
A. Permission herein granted to stop or stand a vehicle for the purpose of loading or unloading of materia1s shall
apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no evem
for more than twenty minutes.
B. The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup
of express and parcel post packages and United States mail.
C. Permission herein granted to stop or park for purposes of loading or unloading passengers sha11 include the
loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no
event for more than ~ ~ minutes.
D. Within the tota! time limits above specified. the provisions of this section sha11 be enforced so as to
accommodate necessary and reasonable loading or unloading but without permitting the abuse of the privileges
hereby granted.
(Ord. 973 ~l (part). 1966; prior code 119.12.3).
10.60.050 Yellow loadine zone..Use for other purposes prohibited.
No person shall stop. stand or park a vehicle in any yellow loading zone for any purpose other than loading
or unloading passengers or material for such time as is permitted in Section 10.60.040. (Ord. 973 fI (part). 1966;
prior code fl9.12.4).
10.60.060 Passenger loading zone-Use for other purposes prohibited.
No person sha11 stop, stand or park a vehicle in any passenger loading zone for any purpose other than the
loading or unloading of passengers for such time as is specified in Section 10.60.040. (Ord. 973 II (part). 1966;
prior code ~19.12.s).
10.60.070 Bus zones-Location authority.
~ /2~~l
(R 9/95)
The city &eIHIeiI en~ineer may establish by nsalvBa8 relllliation the location of bus zones opposite curb space
for the loading and unloading of buses or common carriers of passengers, and said zones shall nonnally be
established on the far side of an intersection. (Drd. 973 fl (pan), 1966; prior code fl9.12.6).
10.60.080 Special passenler loadil1l zones-Establishment-Locatlon-Houn or operations-Use restrictions.
The city &eIHIeiI eDlrineer may, by nsakJBa8 relllliation. establish special passenger loading zones, not more
than sixty feet in length, located between two approved portable signs in front of or adjacent to, and within the
projected real property boundaries of any church, theater, club or place of public assembly. Said sign shall be
provided and paid for by the church, theater, club or place of public gathering for which they are used, and shall
be of a size and design approved by the city engineer.
Special passenger loading zones shall be in effect during those hours and days wben the expeditious loading
or unloading of passengers is required in connection with public gatherings at the locations for which they are
established, and no operator of any vehicle shall stop, stand or park said vehicle in any such zone when the
approved signs, as herein provided, are in place, for any period of time longer than is necessary for the loading or
unloading of passengers and in no event to exceed three minutes. (Ord. 973 II (pan), 1966; prior code fl9.12.7).
10.60.090 Funeral zones-Use restrictions.
No operator of any vehicle shall stop, stand or park said vehicle for any period of time longer than is
necessary for the loading or unloading of passengers and not to exceed three minutes at any place between portable
signs placed within the projected real property boundaries of any undertaking establishment, private residence or
any public or private place at any time during or within forty minutes prior to the beginning of any funeral or
funeral service, unless the operator of said vehicle is directed by or has received permission for the director or other
person in charge of sucb funeral or funeral service to park such vehicle in such place. The director or person in
charge shall place prior to and during the time limit herein specified two portable signs of a size and design
approved by the city engineer, one at each eod of such funeral zone upon the sidewalk or on the pavement area
within two feet of the curb. (Drd. 973 II (pan), 1966; prior code 119.12.9).
10.60.100 Taxicab stands-Establishment authority-Curb markinJl-Use restrictions.
The city &eIHIeiI en~ineer, by r.selulia8 relllliation, may establish the location of taxicab stands. The curb
surface within each taxicab stand shall be painted white and marked "Taxicab Stand" in black lettering, or shall be
designated by signs of a type and size approved by the city engineer. No operator of any vehicle, other than a
taxicab or automobile for hire shall park said vehicle in such taxicab stand. (Drd. 973 I I (pan), 1966; prior code
119.12.10).
(R 9/95)
~ /;2 -90
This Chapter, 10.62 - PARKING VIOLATIONS AND ENFORCEMENT
was recently amended by Ordinance 2638 on September 12, 1995 and is
not subject to amendment as a part of this proposed ordinance.
~ );2-7/
Cbapter 10.62
PARKING VIOLATIONS AND ENFORCEMENT
iSedlOD:
10.62.010 Parking violations.
10.62.010 ParkIn& violations.
A. ENFORCEMENT. Every police officer and every city employee, and every volUllleer (designated by the
chief of police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and 10.60 of this code
relating to illegal parking and lime limitations in parking meter zones, the provisions of the California Vehicle
Code, and the other laws of the state applicable to parking violations within the city, sha1l have the duty,
when any vehicle is illegally parked, to issue written notice of violation thereof stating the state vehicle
license number, malre of such vehicle, the lime and date of such illegal parking, meter number, street
location, and a reference to the appropriate section of the code and the amount of the penalty for the
violation. Such notice shall be attached to said vehicle in a conspicuous place upon the vehicle as to be easily
observed by the person in charge of such vehicle upon his return thereto.
B. CIVIL AND LATE PAYMENT PENALTIES AND FEES. For the purpose of regulating the use of streets:
I. Base penalty amounts for the following Chula Vista Municipal code violations shall be $12 ifpaid within
30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.56.100; 10.56.110; 10.56.120; 10.56.130; 10.56.140
2. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle
Code violations shall be $25 if paid within 30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.52.100; 10.52.120; 10.52.130; 10.52.200; 10.52.210;
10.52.240; 10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.310.
California Vehicle Code Sections: 2113(a); 22515; 22520.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle
Code violations shall be $35 if paid within 30 days of the notice of violation:
Chula Vista Municipal Code Sections: 10.52.040; 10.52.060; 10.52.070(1-14); 10.52.090; 10.52.150;
10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450;
10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100
California Vehicle Code Sections: 21211; 22500 (a-h); 22500 G-k); 22500.1; 22514; 22516; 22517
4. Base penalty amounts for the following California Vehicle Code violations sha1l be $25. The base
penalty will be reduced to $10 upon submission of proof of correction within the lime frames specified
in the Vehicle Code of the State of California.
California Vehicle Code Sections: 5200; 5201; 5204(a);
5. The base penalties for the following California Vehicle Code violations shall be as set forth below.
California Vehicle Code Sections: 4462(b)--$100; 225oo(i)-$250; 225000)-$275; 22507.8-$330;
22522--$275; 22523-$100; 22526-$50
(R 9/95)
~);2-7;L
6. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations not listed
in above shall be $35 if paid within 30 days of !he notice of violation, unless !he penalty amount if set
by !he Vehicle Code of !he State of California.
7. The owner or operator may mail such payments to !he city's director of finance within !he rim
established herein, but shall be responsible for delivery !hereof to !he office of !he director of finance.
8. Late Payment Penalties:
All base penalties under $250 listed in sections 2-6 above shall double if not paid within 30 days of !he
notice of violation, unless specifically restricted by !he Vehicle Code of !he State of California. The
penalty for violations listed in section I above shall be $35 if !he penalty is not paid within 30 days of
!he notice of violation.
C. FAILURE TO PAY. Failure to pay !he appropriate penalty as provided herein or failure to contest !he
violation pursuant to Sections 40200.7 and 40215 of !he Vehicle Code of !he State of California will result
in ei!her JIOtification of !he Departtnent of Motor Vehicles, which agency shall collect !he maximum penalties
and fee(s) established hereby at such time as !he owner or operator seeks to re-register his vehicle in
accordance wi!h !he provisions of Section 4760 of !he Vehicle Code of !he state of California, or if applicable
in legal proceedings being instituted in court against !he person responsible for !he unpaid penalties and fees
in accordance wi!h !he provisions of Section 40220 of !he Vehicle Code of !he state of California. For !hose
citations which remain unpaid beyond 30 days and for which a hold is placed on !he registration by !he
Departmenl of Motor Vehicles an additional $10 fee shall be assessed.
(Ord 2638 fl (part), 1995; Ord 2490 fl, 1991; Ord 2136 fl, 1985; Ord 2097 fl, 1985; Ord 1960 fl, 1981; Ord
1867 f3, 1979).
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(R 9/95)
Chapter 10.64
TRUCK ROUTES"
.dions:
10.64.010 Compliance required when.
10.64.020 Exemptlons-Commerdal delivery vehicles.
10.64.030 Exemptions-Public utility and contractor's vehicles.
10.64.040 Load restrictions upon vehldes usine certain streets-Schedule VD.
10.64.010 Compliance requlred when.
WJiIBF;er tile shy BEfliMill8U'hlisk.6 1!r Bf.:l:----tr, 8Bd deB siJRB have ~'.B nested p.'iBg Bease tk'Nsf,
Be '11SB8 -L_11 BJH!f8te .,. v_st. witk a I'B86 weitHt is 811.8881; sf "8.8-----11 IHru-.l- at 185' 8m1, I.iept 1IpBB
tile ...t& Sf J18ftS sf sweets iles8Msd is Eeias. 19.'~.919 _ ~8JurHle VII Mlaeked ts sd ..liB 8,8ft sf 1hiti
.,tlf. (Qf4. ~1gJ 11, 10011, 9Id. Joo111 ~art)1 199~; Old. ~] 11 EJ~, 19", ,fief SHih 119.11.1(!4}.
Exceot as nrovided in Sections 1064 020 and 10.64 030 it is unlawful to onerate a vehicle weighinp in
excess of ten thou~nd rounds extent noon a truck route desianated in Section 10 64.040 This section is effective
when sipns marked "Truck Route" have been installed along the desirnated Truck Routes. and the city emrlneer has
installed sillllaQ'e at each vehicular ooint of entrv into Chula Vista restrictina vehicles in excess of ten thonand
Munds to designated trock routes. The citv engineer ch~ll maintain within a reQ'ister Schedule VII listing- a11 streets
or romons of stteets that are desi,mated "Truck Routes."
10.64.020 Exemptions-Commercial delivery vehicles.
The provisions of this chapter shall not prohibit any commercial vehicle coming from an umestricted street.
portion thereof, as enumerated or described in Section 10.64.040 and Schedule vn, fr2m having ingress and
.gress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries
of goods, wares and merchandise from or to any building or structures located on the restricted street or for the
purpose of delivering materials to be used in the actual and bona fide repair, alteration. remodeling or construction
of any building or structure upon the restricted street for which a building permit has previously been obtained.
(Ord. 973 U (pan), 1966; prior code U9.13.1(B)).
10.64.030 Exemptions-Public utility, solid waste. and contractors' vehicles.
The provisions of this chapter shall not be applicable to any vehicle owned by a puhlic utility or a licensed
contractor while necessarily in use in the construCtion, installation or repair of any public utility. €If to any vehicle
subject to the provisions of Sections 1031 through 1036, inclusive, of the California Public Utilities Code or to anv
vehicle used for the collection and tnmomonation of parbage and solid waste. (Ord. 973 f I (part), 1966; prior code
U9.13.1(C)).
10.64.040 Load restrictions upon vehicles uslne certain streets-Schedule VD.
In accordance with SectiODS 10.64.010.. thravgk tQ.'i.QiQ, pursuant to Sf'I:----Tt sf tAl 8i~' 89UBSiI, aad
rePutation. when appropriate "Truck Route" signs are erected giving notice thereof. the movement of all motor
vehicles having a maximum gross weight in excess of . ~ thousand pounds wiII-ee ii confuted to the following
streets:
Name of Street
Beainning at
Ending at
(R 9/95)
~ /;2/77
N/S
Bay Blvd
Beyer Way
Broadway
East1ake Parkway
Name of Street
N/S
Fourth Avenue
Industrial Blvd
Marina Parkway
Maxwell Road
Otay Lakes Road
Third Avenue
WIE
Anita Street
Bonita Road
C Street
E Street
F Street
H Street
East H Street
J Street
L Street
East L Street
Main Street
Otay Valley Road
Palomar Street
Telegraph Canyon Road
E Street
Main Street
North City Limits
Otay Lakes Road
Jlqinnilll at
North City Umits
L Street
G Street
Otay Valley Road
Within City Umits
H Street
East Frontage Road
E StreetlE Flower Street
Broadway
Bay Blvd
Bay Blvd
Bay Blvd
Hilltop Drive
Bay Blvd
Bay Blvd
Hilltop Drive
Interstate 5
Main Street
Bay Blvd
East L StreetlNacion Avenue
South City Umits
Fourth Avenue
South City Limits
Miller Drive
Endllll at
South City Umits
Main Street
Bay Blvd
North End
Main Street
Broadway
East City Limits
Fourth Avenue
Bonita Road
Broadway
Hilltop Drive
Otay Lakes Road
Broadway
Hilltop Drive
Telegraph Canyon Road!
Nacion Avenue
Otay Valley Road
East City Limits
Third Avenue
Otay Lakes Road
Editor's Note: The substantive aelS sf llie SOIISSi! rerulations pertaining to Schedule VII and truCk routes;
1:i:lulenalH!B 8)' enHBaBSe, 85 re'l1:HFed BY *0 "ehiele Cede Bf.8 ~tate Bf CalifefBia. are maintained in the office
of the city clerk, the Sinstsf Bf Jl1HItis ~ aRes citv emrineer and the police department.
(Ord. 2482 ~I (part), 1991; Ord. 973 U (part), 1966; prior code ~19.22.1 (part)).
!!!!!
~ J:2-C;!i
(R 9/95)
Chapter 10.68
E~IERCE~JCY '~HlC~Su
Eeliisn5:
18.68.818
18.611.8.19
Right af 1~' authePilled. ,11 ken PretEdllPt.
\rialatisR P2Ralty
18.A.819 Bilka er way .&theme" ,vllm Pttaeedwe.
.~ IUtliee aM tif~ e,aJ1fBeBt -:eftieles aM all ";_e1e9 8lU'F)Wg lBetMe.f9 sf tite ,aliee 8f fife u,artmeBt
wiles, ISlag 18 Sf NNfBf:Bg Hem B fire eeeurfliag withia tke eSfI!6FMe'" 'm sf die ei~ Sf at as, time du:riBg a
'fleaee ~, Sf false alum sf ife, ~I.A11 hit.e tlte figltt sf 1\.1) 8~:er all ether -;_e]ea. tJfJOR the IfIfJfeeek sf IBY
~ek JJ8~ee Sf fire, deplU1lBeBt . emel. it _1.._1~ ~e die"~ sf alie 8jJeNtef sf 8BY 8keeteer, 111'88 *. 88 .I'B! sf a
8Jpal tJ} suek I'shee Bf fire d!l'&fBBem .. _ele 18 9te, sua a.flue&!' feftk""itk _eSB at tile time well SHeeteor
i6 8fOSMag as i111eMeses sf.e I'uelie higk..8)B, is 1I.lHek west it -1..-1I},e tile ~~. sf .118 8,...161 8f SItek 8tfeet
ear 18 pfaseed 88 ~ 18 81ear 1118 iBtefSeekss sf tile hip'mys ad tkes atsl'. lJfJSB tke al'l'feaek sf BY )!SHee ef
fire deJUlt1lBeat vema]!, e. e~ e1k.er veIHele -1.._11:- etHBtel) he !Be. eel 1e B f)aSiS8B B:5 Ern- 18 '89!Hle 8Btt )!arallel
te the Pigkt _II 8.13, aBd -1._11 re.lBl:i.B there _I the !,Bliee er fife 118I'BflIBeBt '. eDisle hIfI JlI8!UHt. (PRe! ease
111.19.)
10.'8.G:O YielatieR Penalty.
Jdiy &Be all f)er5BBB vdiB yiela.e 1Hi) af Qt.e IUS :isisB5 sf 1:IH5 ~ter t. 'I Be. aNll) aRe feI eeek aBd e. uy
ask . iskisSB 'he guilty af B miBEielBe&BSf. (PHS! sede 1I1.1~).
ReDeal - IReservedl
~lste. Eee CYC 21g9fi ..kiel1 Efe 8IBBt:] thifi ~k8Bter.)
(R 9/95)
~ J:1-9h
Chapter 10.72
BICYCLES'" ~
.<dions:
10.72.010 Compliance required-Failure deemed misdemeanor.
10.72.020 Responsibility of parent or auardian of child.
10.72.030 Regulations applicable when.
10.72.040 Ucense-Required.
10.72.050 Ucense-Applicatlon-Fee.
10.72.060 Ucense-Rec:ords to be kept.
10.72.070 Dealers-5erlal numbers-Required.
10.72.090 Bicycle dealers-Bicycle sales reports required.
10.72.100 Ucense-RenewaI.
10.72.110 Ucense plate-Attachment to bicycle frame required.
10.72.120 Rental agency requirements.
10.72.130 Ucense-Mechanlcallnspection prerequisite.
10.72.140 Compliance with traffic laws required when.
10.72.150 Obedience to traffic-control devices required.
10.72.160 Turning movements-Obedience to signs required when.
10.72.170 Tampering with or destroylne certain frame number prohibited-Exception.
10.72.180 Parking zones-Establishment authority-Use restrictions.
10.72.190 Operation upon sidewalks.
10.72.010 Compliance required-Failure deemed misdemeanor.
It is an infraction for any person to do any act forbidden. or to fail to perfonn any act required. by
~tions 10.72.020 through 10.72.130 and Section 10.72.170 of this chapter. (Ord. 1641 f1 (pan). 1975).
10.72.020 Responsibility of parent or auardian of child.
Tbe parent or guardian of any child shall not authorize or knowingly pennit any such chltd or ward to violate
any of the provisions of this chapter. (Ord. 1641 ~I (pan). 1975).
10.72.030 Regulations applicable when.
Tbese regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon
any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. (Ord. 1641 f1 (pan).
1975).
10.72.040 Ucense-Required.
No person who resides within the city shall ride or propel a bicycle on any street or upon any public path
set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate is ."ooh"" thereto
as provided herein. (Ord. 1641 II (pan), 1975).
(R 9/95)
~ /;<-9)
10.72.050 License-Application-Fee.
Application for a bicycle license and license plate or license indicia furnished by the state shall be made upon
a form provided by the city and retained by the chief of police and shall be accompanied by the Required Fee(s).
Said fees shall be used to defray the cost of arlmini.tering the bicycle licensing program or to reimburse
bicycle dealers for any services which they may provide. In addition, the fees may be used to improve bicycle
safety programs and establish bicycle facilities, including bicycle paths and lanes.
(Ord. 2506 U (part), 1992; Ord. 2109 fl, 1985; Ord. 1844 fl, 1978; Ord. 1641 U (part), 1975).
10.72.060 License-Records to be kept.
The city shall ntaintain records of each bicycle registered. Such records shall include but not be limited to
the license number, the serial number of the bicycle, the make, type, and model of the bicycle, and the name and
address of the licensee. Records shall be maintained by the licensing agency during the period of validity of the
license or upon notification that the bicycle is no longer to be operated. Each bicycle retailer shall supply to each
purchaser a record of the following information: name of retailer, address of retailer, year and make of bicycle,
and serial number of bicycle. (Ord. 1641 fl (part), 1975).
10.72.070 Dealers-Serial numbers-Required.
After December 31, 1974, no bicycle retailer shall sell any new bicycle in this state unless such bicycle has
permanently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer.
Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down-post tube, or the
bottom sprocket bracket. (Ord. 1641 fl (part), 1975).
10.72.090 Bicycle dealers-Bicycle sales reports required.
Any person buying, selling or trading used bicycles within the city is required to make a report to the
licensing agent within thirty days, giving the name, address and telephone number of all persons either buying,
selling or ttading used bicycles, and the bicycle manufacturer, type, frame number and bicycle license number, if
any. (Ord. 1830 f2, 1978; Ord. 1641 U (part), 1975).
10.72.100 License-Renewal.
Licenses must be renewed every three years. Renewal of a bicycle license shall be indicated by a
supplementary adhesive device affixed on or near the indicia. (Ord. 1641 fl (part), 1975).
10.72.110 License plate-Attachment to bicycle frame required.
The license plate or indicia shall be firmly attached to the frame of the bicycle for which it is issued, and no
person shall remove a license plate from a bicycle during the period for which it is issued, except upon a transfer
of ownership or in the event the bicycle is rli=.ntled and no longer operated upon any street in the city. (Ord.
1641 II (part), 1975).
10.72.120 Rental agency requirements.
~.2-'lr
(R 9/95)
A rental agency shall not rent or offer any bicycle for rent unless said bicycle is licensed and a license plate
is attached thereto as provided herein and such bicycle is equipped with the lamps and other equipment required in
''';s chapter, or under state law. (Ord. 1641 f1 (part), 1975).
10.72.130 License-Mechanlcal inspection prerequisite.
The chief of police, or an officer assigned such responsibility, shall inspect each bicycle before licensing the
same and shall refuse a license for any bicycle wbich he determines is in unsafe m..,.hon;cal condition. (Old. 1641
II (part), 1975).
10.72.140 Compliance with traffic laws required when.
Every person riding a bicycle upon a roadway sbal1 be granted all of the' rights and shaU be subject to all of
!be duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to
vehicles or by the traffic ord;no......s of this city applicable to the driver of a vehicle, except as to special regulations
in this chapter and except as to those provisions of laws and ordinances which by their nature can have no
application. (Old. 1641 f1 (part), 1975).
10.72.150 Obedience to traffic-<:ontrol devices required.
Any person operating a bicycle shall obey the insttuctions of official traffic-i:Ontrol signals, signs, and other
control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 1641 II (part), 1975).
10.72.160 Turning movements-Obedience to signs required when.
Whenever authorized signs are erected indicating that no right or left or 'U' turn is permitted, no person
operating a bicycle shall disobey the directions of any such signs, except where such person dismounts from the
bicycle to make such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(Old. 1641 II (pan), 1975).
10.72.170 Tampering with or destroying certain frame number prohibited- Exception.
It is unlawful for any person to wilfully or maliciously remove, destroy, alter or mutilate the number of any
bicycle frame licensed pursuant to this chapter. It shall also be unlawful for any person'to remove, destroy, alter
or mutilate any license plate, seal or registration pursuant to this chapter; provided however, that nothing in this
chapter shall prohibit the police department from stamping numbers on the frames of bicycles on which no serial
number can be found or on which said number may be illegible or insufficient for identification purposes.
(Ord. 1641 f1 (part), 1975).
10.72.180 Parldng zones-Establishment authority-Use restrictions.
The city -'I en2ineer may, by nsehllieB re2ulation. establisb bicycle parking zones in areas adjacent to
the curbs, not more than thirty-six feet in length, as nec~."ry to provide facilities for the temporary parking of
bicycles,a. mag SUM k9\1fS sf InIsk days 86 *8 sit,. 881&il ~1.A11 Mtl-:--. Whenever a bicycle parking zone is
so established, the city engineer is authorized to place appropriate signs giving notice that parking of other vehicles
is prohibited during such hours of such days, and no person shall stop, stand or park any vehicle other than a
bicycle in such zone when said signs are in place, contrary to the directions or provisions of such signs. (Old. 1641
11 (part), 1975).
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10.72.190 Operation upon sidewalks.
Persons may operate bicycles upon sidewalks within residential areas; provided, however, no person shall
ride a bicycle upon a sidewalk within business districts as described by this code, nor shall any person ride upon
any other sidewalk within this city which has been posted by the ~:iJeet8r sf I'~lie waHiS \IIIBR ainBs8B sf iIIe sity
.eYROn, city en.ineer with signs prohibiting such riding. (Ord. 1830 ~3, 1978).
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(R 9/95)
Chapter 10.76
PEDESTRIANS"
.dlons:
10.76.010 Crosswalks-Establishment authorlty-Markini.
10.76.020 Crosswalks-Location restridlons.
10.76.030 Crosswalks-Use prohibition authorized when.
10.76.040 Crosswalks-Use required In business districts.
10.76.050 Obedience to pedestrian traffic slenaJs required.
10.76.060 School safety patrol replations.
10.76.070 School pedestrian lane requirements.
10.76.010 Crosswalks-Establishment authority-MarklI1I.
The city engineer shaIl establish, designate and maintain crosswalks at iDtencctions and other places by
appropriate devices, marks or lines upon the surface of the roadway as foIlows: Crosswalks sha11 be established
and maintained at all intersections where the city engineer determines that there is a particuiat hazard to pedestrians
crossing the roadway subject to the limitation contained in Section 10.76.020. (Old. 973 U (pan), 1966; prior code
119.9.I(A)).
10.76.020 Crosswalks-Location restrictions.
Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than six
hundred feet in length and such crosswalk shall be located as nearly as practicable at mid-block. (Old. 973 U
(pan), 1966; prior code 119.9.I(B)).
.0.76.030 Crosswalks-Use prohibition authorized when.
The city engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that
pedestrians shall not cross in the crosswalk so indicated. (Ord. 973 II Ipan), 1966; prior code 119.9. I (C)).
10.76.040 Crosswalks-Use required In business districts.
No pedestrian shall cross a roadway other than by a crosswalk in any business district. (Old. 973 U (pan),
1966; prior code 119.9.2).
10.76.050 Obedience to pedestrian traffic sienaJs required.
Pedestrians shall obey the indication of special traffic signals installed for pedestrians only and sha11 disregard
the indication of a vehlcuiat traffic signal at any location where special pedestrian traffic signals are in place. (Old.
973 11 (pan), 1966; prior code 119.9.3).
10.76.060 School safety patrol replatlnns.
The chief of police is authorized to appoint crossing guards or a school safety patrol to direct traffic at school
crossings by means of lawful orders, signs or semaphores. Such persons sha11 wear a distinctive garb or insignia
indicating such appointment. No minor other than a member of the school safety patrol shall direct or attempt to
(R 9/95)
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direct traffic unless authorized to do so by order of the chief of police. (Ord. 973 it (part). 1966; prior code
~19.20.1).
10.76.070 School pedestrian lane requirements.
It is unlawful for any person driving or operating, propelling or causing to be propelled, any vehicle to fail
to stop at a limit line Dlaced Bet less .~-- fifIy feet frslIIlM IIBIIfISI sille sf in advance of a school pedestrian lane
where any signal, flagman or person is stationed giving warning that children are about to cross or are crossing the
street; it is fu1'IIier IIoslanll unlawful to proceed until such signal has stopped, raised or been removed, or the
flagman or the person stationed at such pedestrian lane has given II signal to go or has left the locality. (Ord. 973
II (pan), 1966; prior code fI9.20.2).
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(R 9/95)
This Chapter, 10.80 - ABANDONED VEmCLES was recently amended
by Ordinance 2668 on April 9, 1996 and is not subject to amendment as
a part of this proposed ordinance.
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Chapter 10.80
ABANDONED VEIDCLESu
Sections:
10.80.010 Purpose and Intent of provisions-Vehicle declared nuisance when.
10.80.020 Definitions.
10.80.030 Exemptions from applicability-Scope.
10.80.040 Rl!jIU!ations not exclusive.
10.80.050 Enforcement authorlty-Riaht of entry for examination.
10.80.060 Abatement-Costs-Procedure aenerally-Notices required-Form.
10.80.070 Abatement-Public bearlna required wben-Notice-Zonina enforcement officer autbority.
10.80.080 Appeal of decision-Public hearlna-Notice-Clty Counc1l authority.
10.80.090 Disposal of vehicle- Time requirements.
10.80.100 Notification and transfer of evidence required when.
10.80.110 Costs-Assessment and coUectlon procedures.
10.80.120 Removal of vehicles from streets authorized when.
10.80.010 Purpose and intent of provisions-Vehicle declared nuisance when.
The pwpose and intent of the council in adopting Sections 10.80.010 through 10.80.110 is to establish
procedures in accordance with the provisions of Section 22660 of the California Vehicle Code for the abatement,
removal and d;"",on.1jng 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 detennlnation 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, 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 rodetus 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 pennltted, is
declared to constitute a public nuisance which may be abated as such in accordance with the
provisions of Sections 10.80.010 through 10.80.110.
(Ord. 1338 fl (part), 1971; prior code fl9.2301).
10.80.020 Definitions.
As used in Sections 10.80.010 through 10.80.110, the following terms and phrases shal1 be interpreted and
construed as set forth herein:
A. "Highway" means a way or place of whatever nature, publicly moimoi""" and open to the use of the public
for pwposes of vehicular travel. Highway includes street. The term "public property" does not include
"highway. "
(R 9/95)
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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 equaIized assessment roll.
C. "Owner of the vehicle" means the last registered owner. and legal owner of record.
D. "V chicle" 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.
(Ord. 1338 11 (part). 1971; prior code 119.2302).
10.80,030 Exemptions from applicability-Scope.
The provisions of Sections 10.80.010 through 10.80.110 sbal1not apply to:
A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is
not 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
parkiog is necessary to the operation of a lawfully conducted business or commercial cnteIprise.
Nothiog in this section shall authorize the maintenance of a public or private ml;..nr~ as defined under the
provisions of law other than Chapter 10 (commencing with Section 22650) of Division II of the Vehicle Code
of the state of California. and Sections 10.80.010 through 10.80.110.
(Ord. 1338 II (part), 1971; prior code fI9.2303).
10.80.040 Regulations not exclusive.
The provisions of Sections 10.80.010 through 10.80.110 are not the exclusive regulation of abandoned.
wrecked. dismantled or inoperative vehicles within the city. They shall supplemcm 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 haviog jurisdiction. (Ord. 1338 II (part). 1971; prior code fI9.2304).
10.80.050 Enforcement authority-Right of entry for examination.
Except as otherwise provided herein. the provisions of Sections 10.80.010 through 10.80.110 shall be
administered and enforced by the zoniog enforcement officer. In the enforcement of the aections 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~ntry provisions set forth in
Section 1.16.010 of this code. (Ord. 1338 II (part). 1971; prior code f)9.2305).
10.80.060 Abatement-Costs-ProcedID'e IfIIeI'IIlly-Notlces required-Form.
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~ntry
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 10.80.110.
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(R 9/95)
B. The city council shall, from time 10 time, determine and fix an amount 10 be assessed as admini<trative costs,
excluding Ibe actual cost of removal of any vehicle or pans Ibereof, under Ibe sections cited above.
C. Upon discovering the existence of an abandoned, wrecked, di<m.ntled, or inoperative vehicle, or parts
thereof, on private property or public property within the city, the zoning enforcement officer shall have the
aulbority 10 cause Ibe abatement and removallbereof in accordance wilb the procedures prescribed herein.
D. A ten-day notice of intention 10 ahate and remove the vehicle, or pans thereof, as a public m';..~ shall be
mailed by registered mail 10 the owner of the land and to the owner of Ibe vehicle, unless the vehicle' is in
such condition !bat identification numbers are not available 10 detenninc ownership. The notices of intention
shall be in substantia1ly Ibe following forms:
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE
VEffiCLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE TO:
(Name and address of owner of the land)
As owner shown on Ibe last equalized assessment roll of Ibe land located at (address of
property), you are hereby notified !bat Ibe undersigned, pursuant 10 Article 23 of Chapter
19 of Ibe Cbula Vista City Code has determined !bat there exists upon said land an (or pans
of an) abandoned, wrecked, d;<m.ntled or inoperative vehicle, registered 10 (name of owner
of vehicle), license number .........., which constitutes a public nuisance pursuant 10 Ibe
provisions of Article 23 of Chapter 19 of Ibe City Code.
You are hereby notified to abate said nuisance by Ibe removal of said vehicle (or said pans
of a vehicle) within ten (10) days from Ibe date of mailing of this notice, and upon your
failure to do so, the same will be abated and removed by the City and Ibe costs Ibereof,
IOgether wilb adminisuative costs assessed to you as owner of Ibe land on which said vehicle
(or said pans of a vehicle) is located.
As Ibe owner of Ibe land on which said vehicle (or said pans of a vehicle) is located, you
are hereby notified !bat 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 council
within such ten (10) day period, the Zoning Enforcement Officer shall have Ibe authority
to abate and remove said vehicle (or said pans of a vehicle) as a public m,i<.nr" and assess
Ibe costs as aforesaid wilbout a public hearing. You may submit a sworn written statement
within 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 Ibe owner of Ibe vehicle or, in lieu
thereof, may present a sworn written statement as aforesaid in time for consideration at such
bearing.
Notice Mailed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE
VEffiCLE, 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 10 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 Ibe undersigned, pursuant 10 Section 10.80.010,
(R 9/95)
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has detennioed that said vehicle (or pans 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 m,i.,,,,,.,. by the removal of said vehicle (or said pans
of a vehicle) within ten (10) days from the date of the mailing of this notice.
As registered (and/or legal) owner of record of said vehicle (or said pans 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 Zoning
Enforcement Officer within such ten (10) day period, the Zoning Enforcement Officer sha11
have the authority to abate and remove said vehicle (or said pans of a vehicle) without a
hearing .
Notice Mailed. . . . . . . . . . . . . . . . . . . . . ..
(Ord. 1338 U (part), 1971; prior code 119.2306).
10.80.070 Abatement-Public hearing required when-Notice-Zonlna enforcement officer authority.
A. Upon request by the owner of the vehicle or the owner of the land received by the zoning enforcement officer
within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held
by the zoning enforcement officer on the question of abatement and removal of the vehicle or pans thereof
as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the otIm;ni<frative costs
and the cost of removal of the vehicle or pans 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 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 pans thereof as a public m,;u""e without holding a
public hearing.
C. All hearings under Sections 10.80.010 through 10.80.1 10 shall be held initially before the zoning enforcement
officer, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include
testimony on the condition of the vehicle or pans thereof and the circumstances concerning its location on
said private propeny or public propeny. The zoning
enforcement officer shall not be limited by the technical rules of evidence. The owner of the land may
appear in 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 zoning enforcement officer may impose such conditions and take such other action as he deems
appropriate under the circumstances to carry out the purpose of Sections 10.80.010 through 10.80.110. He
may delay the time for removal of the vehicle or pans thereof if, in his opinion, the circumstances justify
it. At the conclusion of the public hearing, the zoning enforcement officer may find that a vehicle or pans
thereof has been abandoned, wrecked, di<montled, or is inoperative on private or public property and order
the same removed from the property as a public m,i""nr.e and disposed of as hereinafter provided and
detennine the ,dm;ni.trative costs and the cost of removal to be charged against the owner of the land. The
order requiring removal sha11 include a description of the vehicle or pans thereof and the correct identification
DUIIlber and license nmnber of the vehicle, if available at the site. If it is detennioed 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 zoning enforcement officer shall not assess the costs of administration or
removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect
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(R 9/95)
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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 patty makes
a written presentation to the zoning enforcement officer but does not appear, he shall be notified in writing
of the decision.
(Ord. 1338 II (part), 1971; prior code U9.2307(A)).
10.80.080 Appeal of dedslon-Publie bearina-NotIee-City coundl authority.
AIly interested patty may appeal the decision of the zoning enforcement officer by filing a written notice of
appeal with the city council within five days after his decision. Such appeal shall be heard by the city council which
may affirm, amend or reverse the order or take other action deemed appropriate. The city clerk 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 council shall not be limited by the technical rules of evidence. (Ord. 1338 II (part), 1971; prior
code U9.2307(B)(I)).
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 the decision if such notice is required by Sections 10.80.010 through
10.80.110, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle
or parts thereof may be disposed of by removal to a serapyard or automobile dismantler's yard. After a vehicle
has been removed it shall not thereafter be reconsuucted or made operable. (Ord. 1338 U (part), 1971; prior code
119.2307(B)(2)).
10.80.100 Notification and transfer of evidence required when.
Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the
Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall
be transmitted to the Department of Motor Vehicles any evidence of registration available. including registration
certificates, certificates of title and license plates. (Ord. 1338 II (part), 1971; prior code U9.2307(B)(3)).
10.80.110 Costs-Assessment and collection procedures.
If the administrative costs and the cost of removal which are charged against the owner of a parcel of land
pursuant to Section 38771 et seq. of the Government Code and Chapter 1.30 of this code are not paid within thirty
days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against
the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector
for collection. Said assessment shall have the same priority as other city taxes. (Ord. 1676 U, 1976; Ord. 1338
II (part), 1971; prior code U9.2307(B)(4)).
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 vehicle which is parked or left """"';"g upon a street or highway for seventy-two or more consecutive
hours;
B. Any vehicle which is parked on a highway in violation of any provision of this title, the Vehicle Code or
other law or ordinance forbidding standing or parking, when the use of such highway or a portion thereof
(R 9/95)
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is necessary for the cleaning, repair or construction of the highway or for the installation of underground
utilities, and signs giving notice that such vehicle may be removed are erected and placed at least twenty-four
hours prior to the removal;
C. Any vehicle parked upon a highway which has been authorized by the council or other competent authority
for a purpose other than the norntal flow of ttaffic, 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 ordin.nr,. 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.
(Ord. 973 fil (Part), 1966; prior code U9.3.5).
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(R 9/95)
Cbapter 10.84
PARKING RESTRICTED ON
PRIVATE PROPERTY
Sections:
10.84.010 Purpose and Intent of provisions-Parked vehicles declared nuisance-When.
10.84.020 Parking prohibited on portions of private property.
10.84.030 Citation of vehicles parked in prohibited areas.
10.84.035 Citation authority.
10.84.036 Notice of Violation.
10.84.010 Purpose and Intent of provlsloas-Parked vehicles declared pnl.."Cl'-When.
The pwpose and intem of the council in adopting Sections 10.84.010 through 10.84.030 is to establish
procedures for the notification, citation and removal of vehicles from private property in the from yard, unfenced
exterior and parkway areas of the city. The city council does declare the parking of sucb vebicles to be a public
nuisance and any vebicle so parked in the areas probibited by this chapter shall be deemed to be abandoned vebicles
subject to the removal procedures set forth in Chapter 10.80. (Ord. 1676 f2 (pan), 1976).
10.84.020 Parklna prohibited on portions of private property.
No vehicle, vacation Irailer, camping ttailer, boat, boat ttailer, camper or recreational vebicle may be parked
or placed within the front yard or exterior side yard (Le. slreet side of a corner lot) setback, except as follows:
1. In a garage or caIpOrt.
2. On a paved driveway.
3. On a dust free area adjacent to a paved driveway. Adjacent shall mean within ten feet of the edge of the
driveway. (Refer to Section 19.62.150 for further limitations). "Note: Dust free shall mean grass or
decomposed granite/paving per City standards adopted to accomplish a dust free surface.
4. When parking is not available under 1-3 above, then consideration shall be given by the Zoning Administrator
to select a parking area on the opposite side of the lot or other appropriate locations on the property as per
Section 19.62.110. The applicam or other interested persons may appeal the decision of the Zoning
Administrator to the Planning Commission. The appeal shall be filed in writing with the Planning Depanment
within ten (10) days of the Administrator's action, and accompanied by the Required Appeal Fee(s). Appeals
to the city council from the actions of the Planning Commission shall follow the same procedure.
Unmounted campers and camper shells may not be placed in the front yard, driveway, or unscreened (by solid Six
(6) foot bigh fence or hedge) exterior side yard setback area for a period of more than sevemy-two (72) hours.
(Ord. 2506 U (pan), 1992; Ord. 2176 f3, 1986; Ord. 167612 (pan), 1976).
10.84.030 Citation of vehicles parked In prohibited areas.
Any police officer of the City of ChuJa Vista or other employee with citation authority may cite a vehicle for
a violation of Sections 10.52.040 and 10.84.020; provided, however, a warning in the fornl provided by the police
(R 9/95)
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department of the city shall first be placed upon the vehicle. Seventy-two hours after the placement of such
warning, the citation may be issued. (Ord. 2176 f4 (pan), 1986; Ord. 1676 12 (pan), 1976).
10.84.035 Citation authority.
The Building and Housing Director, code enforcement officers and other employees designated by the
Building and Housing Director shall have the authority to enforce Chapters 10.52, 10.84 and 19.62 of the Chula
Vista Municipal Code by issuing written notice of the violation. (Ord. 2176 14 (part), 1986).
10.84.036 Notice of violation.
The method of giving ootice for purposes of Section 10.84.035 is as follows:
I. During the time of the violation, a ootice of violation shall be securely attached to the vehicle setting forth
the violation including reference to the section of the Municipal Code violated, the approximate time of
violation, the location where the violation occurred, and the license number and expiration date, the color
of the vehicle, and if possible, the year and make and model of the vehicle. The ootice shall specify a time
and place for appearance by the registered owner or the lessee or renter in answer to the notice.
2. The notice shall be attached to the vehicle so as to be easily observed by the person in charge of the vehicle
upon the person's return.
(Ord. 2176 f4 (pan), 1986).
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(R 9/95)
Chapter 10.86
PERMIT PARKJNG IN
RESIDENTIAL ZONES
Sections:
10.86.010 Purpose and Intent.
10.86.020 Permit parkll1llln excess of time limitations.
10.86.030 Citation of permit vehicles.
10.86.010 Purpose and Intent.
The purpose and intent of the city council in adopting Section 10.86.010 through 10.86.030 is to establish
procedures for the issuance of permits to residential property owners or tenants to enable sueb persons to park their
vehicles in the street adjacent to their homes for periods in excess of the time limitation established for parking on
such streets. The titv en~neer ch!l1] maintain within a register Schedule XVI listin~ all streets or nomaDS of streets
that are desi~nated for 'Permit Parkin~ on Certain Residential Streets with Time I imited Parkin~ ' (On!. 1904 ~I
(pan), 1980).
10.86.020 Permit parklnllln excess of time limitations.
Ariy owner or tenant resident of property located on a residential street which has a ""S ilaw time-limited
parking limil8lisR may obtain at no cost, by showing proof of a44fess residence and vehicle registration ~
address. a permit from the dinelsr sf jj----e city en~ineer which authorizes said vehicle to be parked on residential
streets, as designated on said permit, where a PI:S ilsw time limitation has been imposed in excess of said time
limitation. (Ord. 1904 ~I (pan), 1980).
10.86.030 Citation of permit vehicles.
Police officers or other persons charged with the duty of enforcement of traffic regulations in the city shall
not issue citations to any vehicle displaying the authorized permit issued by the dinelsr sf 8----. city en2ineer
regardless of the length of time that said vehicle may be parked on any residential street on whieb a rwo-hour
parking time limitation has been imposed; provided, however, such permits shall not authorize parking in excess
of the seventy-rwo-hour limitation as imposed by Section 10.52.100. (Ord. 1904 U (pan), 1980).
!!!!!
(R 9/95)
~ /02 ~//;l.
TITLE 10 FOOTN01ES
1. For statutory authority for cities 10 adopt rules and regulations for traffic control, see Veh. Code 121100.
2. FOI statutory definition of lelDlS in the Vehicle Code, see Veh. Code lIDO et seq.
3. For statutory provisions authorizing cities 10 adopt rules and regulations for traffic control, and 10 regulate
traffic by using police officers, see Veh. Code 121100.
4. For statulOry provisions authorizing cities 10 adopt rules and regulations for traffic control, see Veh. Code
121100.
5. For statutory provisions regarding accidents and acciden1 reports, see Veh. Code 120000 et seq.
6. For statutory authority for local govermnents 10 place and m.;nt.in traffic control devices as required by
statute or as necessary to implement statutes or local ordin.nr~s, see Veh. Code U21351 10 21356; for
provisions concerning traffic signals, signs and markings, see Veh. Code 121350 et seq.
7. For statutory authority for cities to apply public driving law 10 private roads, see Veh. Code 1121107 and
21107.5.
8. For statutory provisions regarding the proper location of stop signs, see Veh. code 121355.
9. For statutory authority for cities 10 place and maintain traffic control devices as required by statute or as
necessary to implement local ordinances, see Veh. Code 1121351 - 21356.
10. For statutory provisions authorizing cities to prohibit the making of any turning movements at intersections,
see Veh. Code 122113.
II. For statutory authority for cities to designate the direction of traffic as one-way over highways within their
jurisdiction, see Veh. Code 121657.
12. For statutory authority for municipalities to change the state speed limits under certain conditions, see Veb.
Code 1122357 - 22363.
13. For statutory provisions regarding the proper location for the erection of stop signs, see Veh. Code 121355;
for statutory provisions authorizing local authorities to prohibit or restrict the parking or standing of vehicles
on certain streets during all or a portion of the day, see Veh. Code 122507; for provisions authorizing the
prohibition of all-night parking, see Veh. Code 1 22507.5; for provisions authorizing impounding of cars left
parked for seventy-two consecutive hours or more, see Veh. Code 122652.
CROSS REFERENCES: L""ding Zones, see Ch. 10.60
Abandoned Vehicles, see Ch. 10.80
Off-Street Parking and Loading, see Ch. 19.62
Bicycles, see Ch. 10.72
14. FOI statutory authority for local governments 10 prohibit or restrict tll,' parking or staDding of vehicles on
cenain streets during all or a portion of the day, see Veh. Code 122507.
CROSS REFERENCES: SlOpping, Standing and Parking, see Cbs. 10.52, 10.56
Truck Routes, see Ch. 10.64
Off-Street Parking and l{)!ldi"g, see Ch. 19.62
);.2 ~//.J
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(R 9/95)
15. For provisions of the Vehicle Weights Limits Act generally, see Veh. Code ~35551.
CROSS REFERENCES: Street Overloads, see Ch. 12.08
Loading Zones, see Ch. 10.60
1'. Fer BSMutBr:; 'fB'.'isiaBS regafdiag *0 a"liea'eility af lfBfiie IfWLB Ie 8BlIFgOBi1Y veJHeles, see Yea. Cede
1::1 1 g~J; fer JlreVifiieBS nglfEl:i.ag tnftie is. ire IfMS, aee \telt. Cede fJ 1'97.
I~ Prior history: prior code nI9.12.8, 19.21.1 through 19.21.11 as amended by Ord. 973.
17. For statutory provisions authorizing certain municipal regulation of pedestrians, see Veh. Code 1121961,
21106 and 21109.
18. For statutory provisions regarding local ordin.n<'~ dealing with removal of abandoned vehicles from
highways, see Veh. Code ~2266O; for provisions regarding removal of vehicles in general, see Veh. Code
~226SO et seq.
CROSS REFERENCE: Stopping, Standing and Parking, see Cbs. 10.52, 10.56
Tow Trucks, see Ch. 558
I!!!!
(R 9/95)
~
/;2 ~ //7/
RESOLUTION NO. /O()7/
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 95-04, EASTLAKE GREENS UNIT 22,
REJECTING ON BEHALF OF THE CITY OF CHULA VISTA
THE OPEN SPACE LOT GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The city Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 95-04, EASTLAKE GREENS UNIT 22, and more
particularly described as follows:
Being a subdivision of Parcel 2 of Parcel Map No.
in the City of Chula Vista, County of San Diego, State of
California, as filed in the office of the County Recorder
of said County, 1996.
Area: 11.718 acres
Numbered Lots: 9
No. of Lots: 10
Lettered Lots: 1
No. of Condominium units: 135
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that Lot A is hereby rejected for
Open Space.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chu1a vista the easements with the right
of ingress and egress for sidewalk purposes, general utility
easement within Open Space Lot A, all as granted and shown on said
map within said sUbdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chu1a vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said lot is dedicated
for Open Space and other public uses and is rejected on behalf of
the city of Chula vista and that those certain easements with the
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right of ingress and egress for sidewalk purposes an general
utility within Open Space Lot A, as granted thereon and shown on
said map within said subdivision is accepted on behalf of the City
of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1996, for
the completion of improvements in said sUbdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the city of Chula vista.
Presented by
7Lal 10 m by
Bruce M. Boogaar ,
Attorney
(!
John P. Lippitt, Director of
Public Works
C:\rs\Greens22.f.
2
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and C.V. HOMES-2,
LLC, 9191 Towne Center Drive, suite L-101, San Diego, California
92122, hereinafter called "Subdivider";
NI:rH~~~~:rH-,-
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed sUbdivision, to be known as Eastlake
Greens unit 22 pursuant to the provisions of the Subdivision Map
Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula vista Municipal Code relating
to the filing, approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18175, approved on the 23rd day of
January, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 96-45 through 96-60, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the city in the amount of THIRTEEN
THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($13,100.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
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or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of SIX THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS
($6,550.00) which security shall guarantee the faithful performance
of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of SIX THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS
($6,550.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of FOUR THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($4,800.00)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the city, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the city any
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('
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by city
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that city, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
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damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdi vider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
ATTEST
city Clerk
HOMES-2, LLC
THE CITY OF CHULA VISTA
Mayor of the City of Chula
vista
Approved as to form by
city Attorney
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $6,550
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $6,550
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount: $4,800
Securities approved as to form and amount by
City Attorney
Improvement Completion Date:
Three (3) years from date of
Council approval of the Sub-
division Improvement Agreement
C:\ag\eia\ELSG.22
-6-
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RESOLUTION NO. \ ~ ~ l~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR EASTLAKE GREENS, UNIT 22 REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTIONS NO. 15200 AND 18175 AND
AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, on January 23, 1996, by Resolution 18175, the
city Council approved the Tentative Subdivision Map for Chula vista
Tract 95-04, Eastlake Greens, unit 22; and
WHEREAS, the developers, California Pacific Homes, and
Eastlake Development have executed the Supplemental Subdivisiosn
Improvement Agreement (SSIA); and
WHEREAS, the SSIA also includes provisions to satisfy the
following conditions:
1. General Condition "B" of Resolution 18175 requires Developer
to implement mitigation measures identified in the Final
Supplemental Impact Report for Eastlake Greens EIR 86-04 and
addendum FSEIR 86-04(B).
2. General Condition "c" of Resolution 18175 requires Developer
to comply with all unfulfilled conditions of approval
applicable to unit 22 for the Eastlake Greens Tentative Map,
Chula vista Tract 88-3 established by Resolution 15200 and by
Resolution 17618.
3. General Condition "D" of Resolution 18175 requires Developer
to comply with terms set forth in the Eastlake Greens PFFP in
order to meet threshold standards adopted by the City of Chula
Vista.
4. Condition No. 16 of Resolution 18175 requires Developer to
enter into an agreement whereby the developer agrees that the
City may withhold building permits if a) regional development
threshold limits have been reached b) traffic volumes, levels
of service, public utilities and/or services exceed the
adopted City threshold standards and c) the required public
facilities, as identified in the PFFP have not been completed
or constructed to the satisfaction of the City.
5. Condition No. 17 of Resolution 18175 requires the Developer to
enter into an agreement to indemnify and hold harmless the
city from any claims, actions or proceedings against the City
to attack, set aside, void or annul any approval by the City
with regard to the subject subdivision.
1
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6. Condition No. 18 of Resolution 18175 requires the Developer to
enter into an agreement to indemnify and hold harmless the
City from any liability for erosion, siltation, or increased
flow of drainage resulting from the subject subdivision.
7.
Condition No. 19
enter into an
provision of
of Resolution 18175 requires the developer to
agreement with the City relating to the
franchise cable television services.
8. Condition No. 20 of Resolution 18175 requires developer to
enter into an agreement to provide a continuous rear yard
masonry wall at least 3.5 ft, in height extending from units
58/59 to the unit 84/85 as shown on the tentative map prior to
issuance of building permits for each phase.
9. Condition No. 40 of Resolution 18175 requires developer to
comply, remain in compliance and implement the plans approved
by the Zoning Administrator, DRC-96-02.
10. Condition No. 43 of Resolution 18175 requires developer to
develop the common area designated as "passive open space"
with the first phase of construction.
11. Condition No. 45 of Resolution 18175 requires the developer to
construct the overlook and pedestrian trail along the south
property line outside the tentative map boundaries before
issuance of any building permit for the final phase of the
project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve Supplemental Subdivision
Improvement Agreement for Eastlake Greens, unit 22 requiring
Developer to comply with certain unfulfilled conditions of
Resolutions No. 15200 and 18175, 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
Agreement for and on behalf of the City of Chula 'sta.
Presented by
ved l for:r
John P. Lippitt, Director of
Public Works
Bruce M. Boog city
Attorney
2
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RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista CA 91910
No Transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which no
cash consideration has been paid or received.
Declarant
For Recorder's Use Only
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE GREENS UNIT 22
(Conditions VB, VC, VD, 16, 17, 18, 19,20,31,40,41,43, & 45)
THIS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
("Agreement") is made and entered into this _ day of _, 1996, by and between the CITY
OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and CV Homes-
2, L.L.C. ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part of this Agreement:
RECITALS
A, This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a project commonly known as Eastiake Greens, Unit 22
("Project"). For purposes of this agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map
commonly referred to as Eastiake Greens, Unit 22, Chula Vista Tract No. 95-04 ("Tentative
Subdivision map") for the subdivision of the Property.
D. The City has adopted Resolution No. 15200 and subsequent Resolution No. 18175
("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain
1
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conditions as more particularly described in the Resolution. The description of the conditions in
this recital section of this Agreement is intended only to summarize and paraphrase such
conditions in the Resolution, and is not intended herein to modify or explain them, and is not
intended as a basis for interpreting them.
E. Condition V "B" of Resolution No. 18175 requires Subdivider to "Implement
Mitigation Measures". Developer shall diligently implement, or cause the implementation of, all
mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report
for Eastlake Greens EIR-86-04 and Addendum FSEIR-86-04 (B).
F. Condition V "C" of Resolution No. 18175 requires Developer to "implement
previously adopted conditions of approval pertinent to project" .
Comply with all unfulfilled conditions of approval applicable to Unit 22 for the Eastlake Greens
Tentative Map, Cbula Vista Tract 88-3 established by Resolution No. 15200 approved by Council
on July 18, 1989, and for the amended EastLake Greens Tentative Map, Chula Vista Tract 88-3A
established by Resolution No. 17618 approved by Council on August 16, 1994.
Install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan
as amended or as required by the City Engineer to meet threshold standards adopted by the City
of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision.
If phasing is proposed within an individual map or through multiple final maps, submit and obtain
approval for a development phasing plan by the City Engineer and Director of Planning prior to
approval of any final map. Improvements, facilities and dedications to be provided with each
phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to conditional approval of each final map with the
requirement to provide said improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of police and fire departments. The City
Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
G. Condition V "D" of Resolution No. 18175 requires Developer to "Implement
Public Facilities Financing Plan ("PFFP"), as may be amended from time to time, and shall install
public facilities in accordance with the PFFP or as required by the City Engineer to meet threshold
standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at
their discretion, modify the sequence of improvement construction should conditions change to
warrant such a revision.
H. Condition 16 of Resolution No. 18175 requires Developer to "enter into an
agreement with the City whereby:
2
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The Developer agrees that the City may withhold building permits for the subject
subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards.
c. The required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or constructed to satisfaction of the City.
The Developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works Director.
I. Conditions No. 17 of Resolution No. 18175 requires the Developer to "Agree to
defend, indemnify and hold harmless the City and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents, officers or employees to attack, set
aside, void or annul any approval by the City, including approval by its Planning Commission,
City Council or any approval by it agents, officers or employees with regard to this subdivision
provided the City promptly notifies the Subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense. "
J. Condition No. 18 of Resolution No. 18175 requires the Developer to "Agree to
hold the City harmless from any liability for erosion, siltation or increase flow of drainage
resulting from this project. "
K. Condition No. 19 of Resolution No. 18175 requires the Developer to "Agree to
ensure that all franchised cable television companies ("Cable Company") are permitted equal
opportunity to place conduit and provide cable television service to each lot within the
subdivision", and to "Restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances, and
procedures regulating and affecting the operation of cable television companies as the same may
have been, or may from time to time be issued by the City of Chula Vista."
L. Condition No. 20 of Resolution No. 18175 requires Developer to "Agree to provide
a continuous rear yard masonry wall at least 3.5 ft. In height extending from the units 58/59 to
the unit 84/85 (units 58-62, 66-69, 74-78, and 83-84) prior to issuance of building permits for
each phase. The wall shall be designed in accordance with the fencing guidelines established in
the EastLake Greens Design Guidelines" .
3
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M. Condition No. 31 and 41 of Resolution No. 18175 requires the developer to obtain
prior to approval of any final map a public and private easement from the southerly adjacent
property owners in order to construct and be able to use a golf course overlook and pedestrian
walk that connects the project and with the pedestrian trail shown outside the tentative map
boundaries and the public sidewalk along Hunte Parkway.
N. Condition No. 40 of Resolution No. 18175 requires Developer to "Comply, remain
in compliance and implement the plans approved by the Zoning Administrator, DRC-96-02.
O. Condition No. 43 of Resolution No. 18175 requires Developer to develop the
common area designated as "passive open space" with the first construction phase.
P. Condition No. 45 of Resolution No. 18175 requires Developer to construct the
overlook and pedestrian trail shown along the south property line, outside the tentative map
boundaries, before the issuance of any building permits for the final phase of the project.
Q. Park Obligations. Condition No. 39 of Resolution 15200, the EastLake Park
Agreement, Eastl.ake Greens Development Agreement, and the EastLake Greens III Development
Agreement requires the Developer to dedicate parkland and to construct park improvements,
including but not limited to, the Community Center, Gym and such other improvements as set
forth in said agreements.
R. The City is willing, on the premises, security, terms and conditions herein
contained, to approve the final map for which the Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns, and interests of the parties as to
any or all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property. The Burden touches and
concerns the property. It is the intent of the parties, and the parties agree, that this
covenant shall be binding upon, and run with, the ownership of the land which it burdens.
The Burden of this Agreement shall be released from title, as to any individual lot or unit
within the Property upon the sale of any lot improved with a residence, provided the City
determines that the effect of such a release, or in conjunction with previous releases, will
not jeopardize the completion of the improvements or other obligations remaining under
4
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this Agreement. If the City determines that the release will not jeopardize said obligations,
the City shall execute a quitclaim releasing the Burden of this Agreement from the title to
any such lots. As to any lots which have not been released, the Burden of this Agreement
shall continue to encumber such lots and shall be binding upon, and run with, the
ownership of such lots until such lots are released.
a. Developer Release on Guest Builder A~gJ1ments. If Developer
assigns any portion of the Project, Developer may have the right to obtain a release of any
of Developer's obligations under this Agreement, provided Developer obtains the prior
written consent of the City to such release. Such assignment shall, however. be subject
to this Agreement and the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such request for a release so long
as the assignee acknowledges that the Burden of the Agreement runs with the land,
assumes the obligations of the Developer under this Agreement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is being acquired by the
Assignee.
b. Partial Release of Subdivider's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the requirements
of this Agreement and such partial release will not, in the opinion of the City, jeopardize
the likelihood that the remainder of the Burden will be completed.
2. Condition V "B" of Resolution No. 18175 - Implement Mitigation Measures.
In satisfaction of Condition V "B" of Resolution No. 18175, the Developer agrees that it shall
diligently implement, or cause the implementation of, all mitigation measures pertaining to the
Project identified in the Final Supplemental Impact Report for Eastlake Greens EIR-86-04 and
Addendum FSEIR-86-04 (B).
3. Condition V "C" of Resolution No. 18175 - Developer to implement
previously adopted conditions of approval pertinent to project". In satisfaction of Condition
V "C" of Resolution No. 18175, the Developer agrees that it shall comply with all unfulf1lled
conditions of approval applicable to Unit 22 for the Eastlake Greens Tentative Map, Chula Vista
Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989, and for
the amended EastLake Greens Tentative Map, Chula Vista Tract 88-3A established by Resolution
No. 17618 approved by Council on August 16, 1994 and,
Install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan
as amended or as required by the City Engineer to meet threshold standards adopted by the City
of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision and,
5
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If phasing is proposed within an individual map or through multiple fmal maps, submit and obtain
approval for a development phasing plan by the City Engineer and Director of Planning prior to
approval of any final map. Improvements, facilities and dedications to be provided with each
phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to conditional approval of each fmal map with the
requirement to provide said improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of police and fire departments. The City
Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
4. Condition V "D" of Resolution No. 18175 - Developer to Implement Public
Facilities Financing Plan ("PFFP"). In satisfaction of Condition V "D" of Resolution No.
18175, the Developer agrees that it shall implement Public Facilities Financing Plan ("PFFP"),
as may be amended from time to time, and shall install public facilities in accordance with the
PFFP or as required by the City Engineer to meet threshold standards adopted by the City of
Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision.
5. Condition 16 of Resolution No. 18175 - Building Permits Not to Issue While
Thresholds Deficient. In satisfaction of Condition 16 of Resolution No. 18175, the Developer
agrees that prior to the approval of the first final map, the City may withhold building permits for
the subject subdivision if anyone of the following occur:
a. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards.
c. The required public facilities, as identified in the PFPP or as amended or otherwise
conditioned have not been completed or constructed to satisfaction of the City.
The Developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City Planning Director and Public Works Director.
6. Condition No. 17 of Resolution No. 18175 - Subdivision Map Indemnity. In
satisfaction of Condition 17 of Resolution No. 18175, the Developer agrees that it shall defend,
indemnify and hold harmless the City and its agents, officers and employees, from any claim,
action or proceeding against the City, or its agents, officers or employees to attack, set aside, void
or annul any approval by the City, including approval by its Planning Commission, City Council
or any approval by it agents, officers or employees with regard to this subdivision provided the
City promptly notifies the Subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
6
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r ,
7. Condition No. 18 of Resolution No. 18175 - Erosion and Drainage Indemnity.
In satisfaction of Condition 18 of Resolution No. 18175, the Developer agrees that it shall hold
the City harmless from any liability for erosion, siltation or increase flow of drainage resulting
from this project.
8. Condition No. 19 of Resolution No. 18175 - Cable Television Easements. In
satisfaction of Condition 19 of Resolution No. 18175, the Developer agrees that it shall ensure
that all franchised cable television companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each lot within the subdivision, and to
restrict access to the conduit to only those franchised cable television companies who are, and
remain in compliance with, all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances, and procedures regulating and
affecting the operation of cable television companies as the same may have been, or may from
time to time be issued by the City of Chula Vista.
9. Condition No. 20 of Resolution No. 18175 - Masonry Wall. In satisfaction of
Condition 20 of Resolution No. 18175, the Developer agrees that it shall provide a continuous rear
yard masonry wall at least 3.5 ft. in height extending from the units 58/59 to the unit 84/85 (units
58-62,66-69,74-78, and 83-84) prior to issuance of building permits for each phase. The wall
shall be designed in accordance with the fencing guidelines established in the EastLake Greens
Design Guidelines.
10. Condition No. 31 and 41 of Resolution No. 18175 - Acquisition of Public and
Private Easements Outside the Tentative Map Boundaries. In satisfaction of conditions 31
and 41, the developer agrees to provide public and private easements within 90 days of final map
approval.
11. Condition No. 40 of Resolution No. 18175 - Plan Compliance. In satisfaction
of Condition No. 40 of Resolution No. 18175, the Developer agrees to comply, remain in
compliance and implement the plans approved by the Zoning Administrator, DRC-96-02.
12. Condition No. 43 of Resolution No. 18175 - Passive Open Space. In satisfaction
of Condition No. 43 of Resolution No. 18175, the Developer agrees to develop the common area
designated as "passive open space" with the first construction phase.
13. Condition No. 45 of Resolution No. 18175 - Overlook and Pedestrian Trail.
In satisfaction of Condition No. 45 of Resolution No. 18175, the Developer agrees to construct
the overlook and pedestrian trail shown along the south property line, outside the tentative map
boundaries, before the issuance of any building permits for the final phase of the project.
14. Condition No. 39 of Resolution No. 15200 - Park Obligations. In satisfaction
of Condition No. 39 of Resolution No. 15200, the Developer agrees to comply with the EastLake
Park Agreement, EastLake Greens Development Agreement, and the EastLake Greens III
7
/ ~13 -9
f.)
Development Agreement as required to dedicate parkland and to construct park improvements,
including but not limited to, the Community Center, Gym and such other improvements as set
forth in said agreements.
15. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded at the option of either party .
16. Miscellaneous.
16.1 Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing, and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. Mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party. Facsimile transmission shall constitute personal delivery.
City: THE CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Attn: Director of Public Works
Developer: C.V. HOMES-2, L.L.C.
9191 Towne Centre Drive, Suite LlOl
San Diego, California 92122
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph. Facsimile transmission
shall constitute personal delivery.
16.2 Captions. Captions in this Agreement are inserted for convenience of
reference and do not defme, describe or limit the scope or intent of this Agreement or any of its
terms.
16.3 Entire Agreement. This Agreement contains the entire Agreement
between the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
8
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16.4 Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and
drafting of this Agreement.
16.5 Recitals; Exhibits. Any recitals set forth above are incorporated by
reference into this Agreement.
16.6 Attorneys' Fees. In the event of any dispute arising out of this Agreement,
the prevailing party in any action shall be entitled to reasonable attorney's fees in addition to any
other costs, damages or remedies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
CV HOMES-2, L.L.C.
By:
Mayor
BY:\C:O~ 0
Name: k.. ""*""'-"- ~ \:)..".."4.....,,
Title: "'-ll.b..:> f'~-.,. ,~--...>\..,
c.A'--\\.",~\t>. ?~\~<-\~ 1.::><..
I
M"--'A......'"'"""- ~'"1f.>L,"'\Z..
-
ATTEST
City Clerk
Approved as to form by:
City Attorney
Date:
9
J;</3 "/1
EXHmIT "A"
PROPERTY LEGAL DESCRIPTION
Parcel_ of Parcel Map No. , in the City of Chula Vista, County of San Diego,
State of California as filed in The Office of the County Recorder of said County
_ , 1996.
10
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COUNCIL AGENDA STATEMENT
ITEMB
MEETING DATE 5/7/96
ITEM TITLE:
SUBMITTED BY:
Report on the Chula Vista Public Library's application for Federal Department
of Education, Library Services and Construction Act Exploring Amcan
American Culture grant funds for FY 1996-97
Library Director [\S~ V&' .~ Ci
City Manager.Jff ~ ~
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
On March 15, 1996 the Chula Vista Public Library applied to the California State Library for
$5,000 in Federal Library Services and Construction Act (LSCA) E'Iploring A/Tican American
Culture grant funds to acquire a collection of A/Tican American materials.
RECOMMENDATION: That Council accept the report and ratifY the application for $5,000 in
Library Services and Construction Act funding to purchase African American materials for the
Civic Center/Main Library.
BOARD/COMMISSION RECOMMENDATION: On March 27, 1996 the Library Board of
Trustees voted to support the Library's application for LSCA, Exploring A/Tican American
Culture grant funds. (Attachment A)
DISCUSSION
The Chula Vista Public Library has submitted an application to the California State Library for
$5,000 in Federal Library Services and Construction Act funds to purchase books and materials
for the Civic Center Library at 365 F Street on African American Culture. Grant funds are to be
used for the purchase of books and other materials on African American history and culture, art,
politics and social commentary.
FISCAL IMPACT: If awarded, the grant will provide $5,000 to the Civic Center Library for
the purchase of books and materials. These funds will augment the existing book budget.
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ATTACHMENT A
Library Board of Trustees
-2-
March 27, 1996
MSUC (DonovanlWilliams) to support the Literacy Team's application for CDBG
funds.
B. Afto American Book Grant
MSUC (WilliamsIDonovan) to support the library's application for an Afto
American Book Grant.
IV. LffiRARYDIRECTOR'S REPORT
A. Report from South Chula Vista Library Branch Manager
Principal Librarian, Maureen Roeber, reported that during its first year of
operation, South Chula Vista Library has acquired almost 100,000 volumes and
has circulation over 300,000 items. Two hundred and fifty thousand people have
visited the new library during its first year of operation.
Board members commended staff on the anniversary celebration.
B. Report from Literacy Team Coordinator
Director Palmer displayed the Literacy Team Outstanding Learner Award from the
California State Collaborative Literacy Council. The Literacy Team won the first
place Exemplary Program Award in the category of "Outstanding Community
Based Literacy Service to Adults". The award includes a $500 prize. Literacy
learner James Shoults won the first place Adult Learner/New Reader Award in
the "Family Literacy" category. A $100 prize goes to the program. (Chair
Clover-Byram arrived at 3:45 pm.)
C. South Chula Vista Library - First Anniversary
A celebration of the South Chula Vista Library's first anniversary was held March
23, 1996. At that time the Children's Computer Center celebrated its grand
opening and the mural in the Children's Room was dedicated. Director Palmer
thanked Mural Selection Committee member Clover- Byram for her work on the
selection committee and also Nora McMartin for bringing this project to
completion.
/3/rJ-
COUNCIL AGENDA STATEMENT
ITEM rf
MEETING DATE 5/7/96
ITEM TITLE: Report on the application of the Chula Vista Literacy Team for
California State Library - California Library Services Act Families
For Literacy grant funds for FY 1996-97.
SUBMITTED BY: Library Director \)tft\!l-t) ~
REVIEWED BY: City Manag~ ~~ths Vote: YES _NO---.2L)
On May I, 1996 the Chula Vista Public Lfir~PPlied to the California State Library for
$23,000 in Families For Literacy grant funds for FY 1996-97 to continue special family
literacy services and progranuning for adult learners and their young children.
RECOMMENDATION:
That Council accept the report and ratify the application.
BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees has
supported the Library's application for CLSA Families For Literacy funding for the past
five years. They are expected to vote to support this year's application at their May 1st
meeting.
DISCUSSION:
The Chula Vista Literacy Team has offered family literacy programming for the past five
years. The Family Reading Program was developed to break the intergenerational cycle of
illiteracy by providing in-service training for volunteer tutors whose learners are parents
of young children, special library programming for those learners and their families, and a
home collection of quality children's books and magazines for each participating family.
The program will continue to be directed by a .36 FTE family literacy coordinator, and
involves partnerships with South Bay Head Start, Chula Vista Elementary School
District's Even Start program, and with the Sweetwater Union High School District. The
grant also includes a .35 FTE Clerical Aid, and a .02 Bilingual Library Associate.
FISCAL IMPACT: If the grant funds are awarded, $23,000 will be received to
implement this program through the Chula Vista Literacy Team. These funds cannot
supplant funds for the regular volunteer reading program.
)If-/
COUNCIL AGENDA STATEMENT
Item No. ;:::-
Date 517196
PUBLIC HEARING: REVIEWING AND ADOPTING THE COUNTY
OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLAN
CONSISTING OF THE COUNTYWIDE SUMMARY PLAN AND SITING
ELEMENT
SUBMITTED BY: Michael T. Meacham ~
Conservation coordinato~Cj^
REVIEWED BY: City Manager V. \:>I.x. tJJ1'\, ~
'-.J.:1 U n II/5th Vote: Yes_ No--.X..
The environmental documents for the final draft of the Countywide Summary Plan and the
Countywide Siting Element must be approved by the San Diego County Board of Supervisors
prior to approval by local jurisdictions. On April 23, 1996, the County Board of supervisors
postponed their approval to the August 6, 1996 meeting (see attached).
ITEM TITLE:
STAFF RECOMMENDATION: Pull the item and postpone the public hearing until after the
County Board of Supervisors has taken the required action.
):; -I
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,
;
.
<!l~ of ~an ~i.egO'
TOM BARlBAV
.."""-
....".....w.
,..,......--
LDC.I.1\ON OODesSO
DEPARTMENT OF PUBUC WORKS
_ OV!III.ANDAVf, lAIC DII!II!IO. CAUI'OMIA It,....,"
DOUIIN_
COUInT AlIIF'ORfS
OOI.NN AOItD OOMMISSM:Ml!ll
T'A.u$T ~(;t$
...........~
I'U>OO ~
_iWATIII......_
.......w......
.
April 29, 1996
Hr. John Goss, City Managex'
276 4th Aven1.1e
Chu1a vista, ~ 91910
Dear mr. Gass:
At its April 23, 1996 meetUlg' the county ~ of eupervi.on
con~inued it consideration of approval of the Heg1Lt1ve Declaration
for the COuntywide S1D1111&11ry Plan and Siting Element and adoption of
the Summary Plan and Sitiug Blement. The contimtanc. date was set
for Aug\15t 6, 1996.
The continuance period i. to allow t:l.me to J:8so1ve Salle OIJtst....~~"g
solid waste iSS\1es affecting the region prior- to adoption of the
Plan.
A8 a result of the above action, the c.'!o..............ts ygu received
previously cannot be conaidered at this time for e.dgption by your
city council 1.18iug the County'. Negative DecJ.aril.tion. ..
:rn cousultation with the State cnam st...ft, and 1n order to avoid
any further inconvenience, the !lO-day statutory period for your
city to review and a.pprove the SWamary Plan and Siting Bl.ement Will
not start -until We day following the COunty Board of supervj,sors'
action; :now scheduled for August 6, 1996. :In other words, this
letter rescinds all prior 90-day period starting notices_
please refer any questions on this matter to 1I.e86 ~....!!'tt (619)
974-2730.
,
..
TOM WBBSTBR, Acting Deputy Director and
San Diego Solid Waste AUthority General Manager
TW:RB
cc: TAC R.epresentative "....
california Integrate<!. .ute MaDagement Board
o "... "'...........
I:;; -;;)-
COUNCIL AGENDA STATEMENT
Item / {p
Meeting Date 51 7)96
ITEM TITLE:
Public Hearing: PCM-94-04; Consideration of a street name change for
the segment of East Orange A venue between Hunte Parkway and Wueste
Road.
Resolution approving a street name change for the segment of East
Orange Avenue between Hunte Parkway and Wueste Road to "Olympic
Parkway"
SUBMITTED BY:
Director of Planning JLo..~ \J I
City Manager J c1 ~ tJ}!!!\
(4/5ths Vote: Yes
No --X.)
REVIEWED BY:
The City Attorney has recommended that this item be continued to the May 21, 1996 Council
meeting to allow City staff and EastLake Development Company time to finalize the Nypro
Agreement Addendum.
(m: \home\planning\luis\pcm94-04. con)
(&-/
COUNCIL AGENDA STATEMENT
ItemJ2
Meeting Date 5/7/96
ITEM TITLE: Public Hearing regarding the proposal to adopt an exemption
policy in the "Eastern Area Development Impact Fee for Streets" and the
Public Facilities Development Impact Fee and to modify the fee rate
schedule for the "Eastern Area Development Impact Fee for Streets"
~ Resolution \8 )10 approving an exemption policy the "Eastern Area
Development Impact Fee for Streets" and the "Public Facilities
Development Impact Fee" and approving refund or reimbursement of
Transportation Development Impact Fees to certain "Exempt Facilities"
1\ Ordinance ().c" 11 Modifying the fee rate schedule of the "Eastern Area
Development Impact Fee for Streets"
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~ ~O ~ (4/5 Vote: Yes_ No--X.j
Currently, the "Eastern Area Development Impact Fee for Streets" (TransDIF) program does not
consider the land Use category "Community Purpose Facility" (CPF). Other fee programs in
Chula Vista, such as the Public Facilities DIF (PFDIF) and the SR-125 DIF exclude CPFs from
the fee programs. Staff proposes to correct this inconsistency by adoption of an exemption policy
for types of development consistent with the Community Purpose Facility land use, and exempting
development projects of this class from the TransDIF. Staff also proposes to refund or reimburse
certain fee payments previously made by Community Purpose Facility Projects
RECOMMENDATION: That Council hold the public hearing and adopt the resolution
approving the exemption policy providing guidelines for exemption from the "Eastern Area
Development Impact Fee for Streets" and the "Public Facilities Development Impact Fee". The
resolution also approves refund or reimbursement of Transportation Development Impact Fees to
certain properties having recently paid TDIF fees. Staff also recommends adoption of the
Ordinance modifying the fee rate schedule for the "Eastern Area Development Impact Fee for
Streets" to conform with the exemption policy.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On January 4, 1994, the Council adopted Ordinance 2580, providing the most recent update to
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Page 2, Item_
Meeting Date 5/7/96
the TransDIF, including adopting the current fee rate schedule. Although this fee schedule does
not contain a land use category for Community Purpose Facilities (CPF) , it does contain a
category for religious institutions. In other fee programs, religious institutions are considered as
community purpose facilities. In virtually all Chula Vista Development Impact Fee programs,
Community Purpose facilities are exempt from payment of development impact fees. The
exceptions to this are the Sewer DIFs and sewer capacity fees, where all properties in a sewer
basin have a direct, cumulative impact on the need for facilities within the basin.
In October and November of 1994, the City Council considered the issue of not requiring
Religious institutions to pay development impact fees for transportation facilities, based on
requests from several religious institutions. Since the City of San Diego was considering the same
issue, Council decided at that time to defer action until the City of San Diego had an opportunity
to develop a policy. The City of San Diego policy would have addressed only the issue of
religious institutions. Thus far, a policy has not evolved in the City of San Diego.
Staff believes that the most appropriate resolution to the matter is to treat religious institutions in
the same fashion as other community purpose facilities, since they are indeed community purpose
facilities in all meaningful definitions of the land use. The recogniton as a community purpose
facility would be based on the types of services provided, such as day care, childrens activity
programs, counseling and assistance programs for the poor, homeless, aged, ill or others in need.
The goal of this consideration as a community purpose facility would be in recognition of the
community aspects that tend to be a significant component of a religious organizations activies.
In the proposed exemption policy, this recognition of the community purpose aspect would
eliminate the obligation to pay TransDIF fees, and thus render the constitutional issue moot.
Virtually all other Development Impact Fee programs, including the PFDIF and the SR-125 DIF
exclude Community Purpose Facilities from Fee Payment. The TransDIF fee program, does not
address this land use category, therefore, in the past, many of the community purpose facilities
have been charged at the same rate as retail commercial land uses. It does, however include
religious institutions in the fee program, but this is a minor component of the overall TransDIF
program. In all of the other fee programs, "Religious Institution" is included in the definition of
Community Purpose Facility, if CPF is defined at all. Adoption of the exemption policy would
clarify the issue with respect to the TransDIF.
Staff proposes to define the class of land uses contained in the exempt policy as follows:
Exempt development uses with the following characteristics or activities as a principal use
of the land, generally described as "Community Purpose Facility":
1. Social service activities, including such services as Boy Scouts, Girl Scouts, Boys
Club and Girls Club, Alcoholics Anonymous, YMCA and services for the
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Page 3, Item_
Meeting Date 517/96
homeless;
2. Public Schools (elementary and secondary);
3. Private Schools (elementary and secondary);
4. Day Care (non-profit only);
5. Senior Care and Recreation (non-profit only);
6. Worship, Spiritual growth and Development;
This is essentially the same definition used in the Public Facility DIF. It should be noted here that
Fee payment exemption would generally only apply to projects that own the property. If, for
example, a developer built a "strip mall" kind of structure, but rented the spaces to a storefront
school or small religious institution, the building itself would have value as a commercial use that
could be converted later, with no subsequent discretionary approvals required. In that type of
situation, fees might never be collected unless imposed immediately.
In the exemption policy, staff proposes a series of tests to determine elegibility for exemption as
follows:
a. Community Service Test. User must provide a service to the community that is
charitable (e.g., youth/teen/family counseling, day care, senior care); educational
(e.g. Chula Vista Elementary School); recreational (e.g. YMCA, Boys and Girls
Club) or governmental (e.g., Veterans Home) in nature. A User that provides a
commercial, industrial, or political service does not qualify for the exemption.
b. Single Purpose Building Test. The Facilities which will trigger the fee must be a
single purpose facility designed to deliver the services of the user that does not
conveniently lend itself to other, for-profit commercial or industrial useage (e.g.,
YMCA Facility).
c. Facility Use Test. User must demonstrate a negligible or low peak hour useage of
facility or facilities the DIF is designed to fund.
d. Non-Profit Motive Test. User must not have a profit motive or be the subsidiary
or affiliate of an entity that has a profit motive.
e. User must depend, in significant part, on volunteer labor J!!:!.d charitable
contributions for the delivery of its services. Users which have a convenient cost
recovery mechanism for the services they offer will not qualify.
17-3
Page 4, Item_
Meeting Date 5/7/96
or:
f. A non-profit User that, recardless of meeting the foregoing criteria, offers the
same, or similar, charitable or educational services as an exempt user, and in doing
so, does not add significant demand on the facility or facilities funded by the DlF.
Staff also proposes to exempt such Community Purpose Facilities from the Trans DIF by deleting
the Religious institution category from the Fee Rate Schedule. The new Fee Rate Schedule would
be as follows (the exempted Religious Institution fee is Proposeed to be deleted):
Development Type
Single Family Detached Dwelling
Single Family Attached Dwelling
Multi-Family Dwelling
Commercial
Industrial
Golf Course
Medical Center
OTC
Adjacent to OTC
R-eligi6tl3 IffitiftItifHi
Transportation Fee
$3998/Dwelling Unit
$3198/Dwelling Unit
$2399/Dwelling Unit
$99,950/Gross Acre
$79,960/Gross Acre
$3198/Gross Acre
$259,870/Gross Acre
$13,313/Gross Acre
$139,930/Gross Acre
$15,992/Cr8:n /J:ere
Currently, the City has been allowing Religious institutions and, in one instance, a private non-
profit elementary/secondary school, to phase payment of TransDIF fees, to soften the impact of
establishment of religious land uses. Since development of the property is often done in phases,
the Religious Institutions were allowed to pay the fees in proportion to the phases of development.
This was done in accordance with Council established policy. Currently there are three churches
that have been allowed to make partial payments or have been allowed to defer fee payments until
the situation has been resolved. One other Church, the Church of Joy, recently entered into an
agreement to provide Park and Ride facilities in lieu of TransDIF fees. This arrangement was
approved by the City Council on May 23, 1995. Staff does not believe that the action
contemplated by this report will affect that agreement, since the Church of Joy is providing the
Park and Ride in return for considerations granted by the Rancho del Rey development. If
TransDIF fees are eliminated for religious institutions, the Church of Joy will still have an
obligation to provide a park and ride by their agreement with Rancho del Rey. Staff recommends
the following amounts be refunded from the Transportation DIF Fund, Fund 621-3753
1. First United Methodist Church
2. Bonita Country Day School
3. Jehovah's Witnesses Church
$ 4,719.60
$ 2,478.00
$ 2,414.80
/1-'1
Page 5, Item_
Meeting Date 5/7/96
Staff also recommends that the City acknowledge that the Corpus Christi Catholic Parish (which
was not required to deposit any funds for the fees) is relieved of it's TDIF fee obligation.
The Risen Savior Evangelical Church on Otay Lakes Road has requested reimbursement for costs
associated with construction of a raised median. The cost associated with that work has been
determined to be $20,474.84. Staff has generally used an infonnal guideline for detennining
eligibility for TDIF fimding in construction. In that guideline, projects are eligible for TDIF fimding
if they met the following criteria:
1. They are components of the typical section of a DIF facility or are items necessary to
construct such typical section in the absence of development of the adjacent property (such
as grading or drainage).
2. The items are not utilized for direct access to the property or solely benefit the property.
Staff believes this reimbursement is appropriate since the work consisted of installation of a
median in a TDIF eligible street, and that such work would be eligible if constructed as part of
a larger project.
Additionally, there is currently one Religious institution that has "DIF credit" by virtue of
assessments placed on the property for construction of street facilities. The property had an
assessment placed on it to finance construction of Otay Lakes Road, a TDIF facility. Since, by
eliminating the fee obligation for CPFs, they in essence have no obligation to participate in the
cost of such construction, a refund or reimbursement is appropriate. There are two properties
involved, one 3.11 acre parcel and one 1.59 acre parcel. The Church currently intends to build
a combination Church/Day Care on the two lots in phases. The current principal balance of the
assessments is $601,137.00 of which $497,289.18 is Transportation DIF related. Staff
recommends paying this balance off in the following fashion:
1. Upon issuance of a building Pennit for a Church or other CPF use for either of the
subject properties" The TDIF fimd would reimburse the Church of the amount which is
the unpaid principal balance of the assessment on that particular property as of the date of
this resolution (reimbursement amount). In actual practice, the City must decide whether
it is more appropriate to pay down the bonds financed by the assessment district or to pay
the property owner. This decision would be based on an evaluation of the property value
as an asset to secure the bonds, and a recommendation by the bond council at the time the
payment is due. In either event, the property will receive the same value, whether it is
removal of a lien or the cash value of the lien.
2. Eastlake Development Company (EDC) will pay the City for approximately 88% of
the reimbursement amount, which will allow EDC to retain approximately 88 % of the
17~~
Page 6, Item_
Meeting Date 5/7/96
EDU credits that are currently placed on the property. The reasoning behind this is that
Eastlake obtained those credits at least 5 years ago, at the then current rate of $3060 per
EDU. EDC has been paying a large portion of the assessments on the property since that
time, including after the property had been sold to the Church. To be equitable, staff
believes that it is appropriate to allow Eastlake to retain the credits. The policy related
to DIF credits has been that when a developer constructs a facility and places assessments
on property to finance the construction, the credits associated with the assessements are
"EDU" credits, as opposed to dollar amount credits.
3. As a result of the above, the anticipated outlays to the Eastlake Church are as follows:
Parcel TDIF Pays EDC Pays Total EDU Credits
to EDC
A (3.11 Ac.) $38,067.06 $282,932.48 $320,999.54 92.46
B (1.59 Ac.) $19,461.94 $156,827.70 $176,289.64 51.25
Subtotal $57,529.00 $439,760.18 $497,289.18 143.71
As can be seen from the above table, the TDIF fund would be paying the Church $57,529 with
development of both properties. This is actually a positive impact to the fund, since it represents
repurchasing of 18.80 EDU credits. If a property were to develop that required payment of 18.8
EDU of TDIF fees, with these credits, it could avoid payment of $ 75,162.40 in fees by using
such credits. To repurchase them for $57,529.00 represents a savings to the TDIF fund of
$17,633.40.
Staff has met with the major property owners and developers regarding these issues. No
objections were expressed regarding the proposal. Staff will notify all of the existing and
proposed projects that will be affected by the proposed action, including religious institutions, Day
Care and YMCA projects.
FISCAL IMPACT: The TransDIF program in its current form represents a $98 million program
of improvements. At the time of the last update in January, 1994 the program had anticipated
revenue from Religious institutions of $236,681, or 0.2 percent of the program. Thus, if
Religious institutions are to be excluded from the program, theoretically the fee should be
increased to recover the 0.2% lost revenue. This would represent an increase from $3998 to
$4007 per EDU. Currently staff has no way of knowing what institutions may qualify for
elimination of TransDIF fees under the other categories and, thus cannot give an accurate estimate
of the amount of that loss of fees. Staff had made an analysis last year that, based on the General
/7-t
'r
Page 7, Item_
Meeting Date 5/7/96
Plan guidelines of 1.35 acres of Conununity Service development per 1000 people, the impact
fiscal impact on the DIF would be to increase it by slightly more than I %. Staff does not
reconunend adjusting the fee at this time, since a more comprehensive update will be presented
in the near future. At this time, the effort to produce a thorough engineer's report to justify
changing the fee for this element alone would not be productive.
CST:HxOOl
M :\HOME\ENGINEER\AGENDA \Al13DIF3.CST
/1--7
ORDINANCE NO. c2.& 7/
AN ORDINANCE OF THE CITY OF CHULA VISTA
MODIFYING THE FEE RATE SCHEDULE OF THE
"EASTERN AREA DEVELOPMENT IMPACT FEE FOR
STREETS"
WHEREAS, currently the "Eastern Area Development Impact
Fee for Streets" (TransDIF) program does not discuss the land use
category "Community Purpose Facility" (CPF); and
WHEREAS, other fee programs in Chula Vista, such as the
Public Facilities DIF (PFDIF) and the SR-125 DIF exclude CPF from
the fee programs; and
WHEREAS, staff proposes to correct this inconsistency by
adoption of an exemption policy for types of development consistent
with the Community Purpose Facility land use, and exempting
development projects of this class from the TransDIF; and
WHEREAS,
certain fee payments
Projects.
staff also proposed to refund or reimburse
previously made by community Purpose Facility
SECTION 1. Ordinance 2251 is hereby amended to add the
following to section 6 to read as follows:
"SECTION 6: Exemptions.
Development projects by public agencies shall be exempt
from the provisions of this fee.
Exempt development uses
characteristics or activities
land, generally described
Facility":
with the following
as a principal use of the
as "Community Purpose
1. Social service activities, including such services
as Boy Scouts, Girl Scouts, Boys Club and Girls
Club, Alcoholics Anonymous, YMCA and services for
the homeless;
2. Public Schools (elementary and secondary);
3. Private Schools (elementary and secondary);
4. Day Care (non-profit only);
5. Senior Care and Recreation (non-profit only);
6. Worship, Spiritual growth and Development;"
SECTION 2. Staff also proposes to exclude Community
Purpose Facilities from the Trans DIF by deleting the Religious
Institution category from the Fee Rate Schedule. section l(c) of
Ordinance 2251 is hereby amended to read as follows:
/111 -I
~ ".:
Development Tvpe
Transportation Fee
Single Family Detached Dwelling
Single Family Attached Dwelling
MUlti-Family Dwelling
commercial
Industrial
Golf Course
Medical Center
OTC
Adjacent to OTC
Reli~ieuD IHDtitutioH
$3998/Dwelling unit
$3198/Dwelling unit
$2399/Dwelling Unit
$99,950/Gross Acre
$79,960/Gross Acre
$3198/Gross Acre
$259,870/Gross Acre
$13,313/Gross Acre
$139,930/Gross Acre
$15,992/CrODG Acre
The City Council shall at least annually review the amount of the
fee. The City Council may adjust the amount of the fee as
necessary to reflect changes in the Engineering-News Record
Construction Index, the type, size, location or cost of the
Transportation Facilities to be financed by the fee, changes in
land use designations in the City's General Plan, and upon other
sound engineering, financing and planning information. Adjust-
ments to the above fees may be made by resolution amending the
Master Fee Schedule.
SECTION 3. This ordinance shall take effect and be in
full force on the thirtieth from and its second reading and
adoption.
Presented by
Approved as to form by
Br~.~~oJ::y
Attorney
John P. Lippitt, Director of
Public Works
/7A-eJ-
RESOLUTION NO. (of).,1.1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXEMPTION POLICY THE
"EASTERN AREA DEVELOPMENT IMPACT FEE FOR
STREETS" AND THE "PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE" AND APPROVING REFUND
OR REIMBURSEMENT OF TRANSPORTATION DEVELOPMENT
IMPACT FEES TO CERTAIN "EXEMPT FACILITIES"
WHEREAS, staff proposes to refund or reimburse certain
fee payments previously made by Community Purpose Facility Project;
and
WHEREAS, staff finds that the following Trans DIF payors
qualify under the proposed policy for exemption and recommends the
following amounts be refunded from the Transportation DIF Fund,
Fund 621-3753:
1.
2.
3.
First united Methodist Church
Bonita Country Day School
Jehovah's witnesses Church
$ 4,719.60
$ 2,478.00
$ 2,414.80
WHEREAS, staff also recommends that the City acknowledge
that the Corpus Christi Catholic Parish (which was not required to
deposit any funds for the fees) is relieved of it's TDIF fee
obligation; and
WHEREAS, the Risen savior Evangelical Church on Otay
Lakes Road has requested reimbursement for costs associated with
construction of a raised median which costs have been determined to
be $20,474.84; and
WHEREAS, staff believes this reimbursement is appropriate
since the work consisted of installation of a median in a TDIF
eligible street, and that such work would be eligible if
constructed as part of a larger project.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve an exemption policy for the
"Eastern Area Development Impact Fee for Streets" and the "Public
Facilities Development Impact Fee" and approves a refund or
reimbursement of Transportation Development Impact Fees to certain
exempt payors as set forth above.
Presented by
Approved as to
Ii- Ih.
John P. Lippitt, Director of
Public Works
Bruce M. Boogaar , city
Attorney
/ 'if) -I
CITY COUNCIL AGENDA STATEMENT
'~emL
Meeting Date 5-7-96
ITEM TITLE:
PUBLIC HEARING: To review:
AI FY 1996-1997 draft Annual Action Plan and consider public
comment and testimony regarding the plan; and,
B) Housing and community development needs for FY 1996-
1997 Community Development Block Grant (CDBGI Program,
including consideration of funding requests for public services,
capital improvements, community development, and
administration and planning.
c_f ,
SUBMITTED BY: Community Development Director ---;;
REVIEWED BY:
City Manager {jj
v
(4/5ths Vote: Yes_ No-L)
Council Referral No.
BACKGROUND:
Each year the City undertakes a process to solicit and approve programs and
projects eligible for Federal funding. This item addresses the adoption of the
Annual Action Plan, and the annual Community Development Block Grant (CDBGI
Program review. The public hearing provides an opportunity for citizens and
Council to testify and comment on the draft Annual Action Plan and how CDBG
funds can be allocated to meet the City's housing and community needs.
Annual Action Plan
The Annual Action Plan, a component of the 5 year Consolidated Plan which was
approved by City Council last year, introduces a new consolidated process from the
Department of Housing and Urban Development (HUD) that replaces all current
planning and application requirements for all programs with a single submission.
For the City of Chula Vista these programs are the Community Development Block
Grant (CDBG), and the HOME Investment Partnership (HOME).
HUD is requiring that all jurisdictions submit an Annual Action Plan for FY 1996-
1997. This Plan is a component of the Consolidated Plan which is a planning
document that identifies Chula Vista's overall housing and community development
needs, outlines a five year strategy to address those needs, and describes a one
year action plan for the expenditure of all Federal HUD resources. Again, for the
City of Chula Vista, these resources are the CDBG and HOME programs.
18~ )
Item Page L-
Meeting Date 5-7-96
The City will received approximately $500,00b in HOME funds from HUD for FY
1996-1997. This figure is about 20% less than what the City received last year
and is estimated as a conservative amount. HUD has notified all jurisdictions that
the final allocation amount is still pending Federal budget resolution. The draft
Annual Action Plan for FY 1996-1997 is attached as Exhibit 1. The draft outlines
the proposed plan and is presented here for general discussion and direction. The
final version which will include tables and charts will be completed by May 28,
1996.
HOME funds may be used to provide affordable rental housing and ownership
opportunities through new construction, acquisition, rehabilitation, and tenant
based rental assistance. Over the past three years the City has used these funds
to support new construction, substantial rehabilitation, and acquisition activities
related to the development of affordable housing.
Per HUD regulations, the City must hold a 30-day comment period for the public to
review the Annual Action Plan and make comments or suggest changes. This 30-
day period started April 17, 1996 and will end May 17, 1996. A public notice
was published in a local newspaper which notified the public of the process (Exhibit
5). Staff will return to the City Council on May 28, 1996 for final approval of the
Annual Action Plan.
CDBG ProQram
The City of Chula Vista is eligible to receive approximately $2,000,000 in CDSG
entitlement funds from the Department of Housing and Urban Development (HUD)
for FY 1996-1997. This figure is approximately 10% less than what the City
received last year which reflects a conservative estimate. The final allocation
amount is still pending Federal budget resolution. CDBG funds will primarily benefit
low and moderate income families, with a minimum of 70 percent of the funds
required to be targeted to benefit low income households. Accompanying this
report and the draft Annual Action Plan document is the 1996-1997 CDSG
Notebook. Although not a HUD requirement, the CDSG Notebook has been used
as a local tool by staff and Council members for many years to display an overall
picture of all the CDSG requests for funding received on an annual basis. The
notebook compiles all proposed public services, capital improvements, community
projects and administration and planning activities for FY 1996-97. Exhibit 2
summarizes all CDSG funding requests.,
An additional segment of this public hearing is to afford residents of Chula Vista
and the City Council the opportunity to comment on the manner in which CDSG
funds should be allocated to meet the City's housing and community needs. No
staff recommendations are beinQ made at this time and the City Council is not
r& ~d--
Item Page ~
Meeting Date 5-7-96
expected to take any action other than to Qive desired direction. After thorough
consideration of public comment, staff will prepare an additional report presenting
CDBG funding recommendations for Council deliberation and action at the May 28,
1996 meeting.
RECOMMENDATION: That the City Council conduct a public hearing to review and
accept public comment regarding: A) the draft FY 1996-1997 Annual Action Plan;
and, B) the Housing and Community Development needs for the 1996-1997 CDBG
program, accept the staff report, and direct staff to return on May 28, 1996 with a
final draft of the Annual Action Plan and with a CDBG funding recommendation
report.
BOARDS/COMMISSIONS RECOMMENDATION: A CDBG Ad-Hoc Committee
consisting of members from the Commission on Aging, (Mr. Ted Kennedy), Human
Relations, (Mr. Rafael Aguilar), Child Care, (Ms. Angie Gish), and Youth
Commissions, (Mr. Ty Meserby) have reviewed the CDBG public service funding
requests and have made funding recommendations. The Housing Advisory
Commission (HAC) reviewed the housing related proposals and made funding
recommendations. The recommendations of these commissions are found in
Exhibits 3 and 4 of this report and are also included in the notebook.
DISCUSSION:
For the 1996-1997 CDBG program, the City of Chula Vista will have a total
estimated revenue of $2,000,000. The total amount of CDBG funding requested,
which includes all funding requests from community organizations and the City, is
summarized as follows:
Public Services FundinQ
Capital Improvement Proiects
Communitv Proiects
Administration and PlanninQ
Total of all Requests
$485,202
$1,753, 543
$415,312
$349.626
$3.003.683
The total amount of funding requested exceeds the total amount of CDBG revenue
by about $1,003,683.
In order to be eligible for block grant funding, a project or service must address at
least one of the CDBG national objectives which are: 1) Benefit primarily low and
moderate income families, 2) Aid in the prevention or elimination of slums or blight,
3) Meet other community needs having a major emergency (disasters etc.).
/8-3
Item Page ~
Meeting Date 5-7-96
In 1993, the City Council adopted a Community Development Plan (included in the
program summary of the notebook) which outlines the City's specific Community
Development goals and objectives for the CDBG program and provides guidance for
making allocation decisions.
Public Service Fundinq Requests
The City received 22 eligible requests for public services funding from non-profit
community organizations, totalling $485,202 (Exhibit 3). All of the requests for
funding are included in the Notebook under the Public Services Projects section.
The City may allocate up to approximately $300,000 for public service
organizations, based upon a 15 percent cap of the entitlement funds. On average
over the past five years, the City has allocated approximately $248,000 (15% cap)
per year to social service organizations see (Exhibit 6).
This year the City received 5 collaborative proposals as a result of the City
Council's direction to encourage agencies to increase their cooperative efforts in
order to reduce duplication and to increase the coordination of services. The
collaborative proposals received represents a very good beginning and it is very
probable that these efforts will increase in the future.
All of the funding reql:Jests from public service organizations are CDBG-eligible as
they meet the national objective to primarily benefit low income families. A CDBG
Ad-Hoc Committee consisting of members from the Commission on Aging, Human
Relations, Child Care and Youth Commissions reviewed the public service funding
requests and made their funding recommendations.
The Chula Vista Human Services Council (CVHSC) completed a Human Services
Needs Assessment which was published in December of 1992 (this document is
enclosed in the notebook). This assessment listed the following needs as being the
greatest in the City: (1) Affordable Health Care; (2) Drug and Alcohol Abuse; (3)
Crime; (4) Domestic Violence and Child Abuse; (5) Unemployment and
Homelessness. Since published, staff has utilized this document as a resource to
help prioritize human services needs in the City when allocating CDBG public
service funds.
Over the past 5 years, there has been a significant reduction in financial resources
available to social services from federal, state, and county sources from both the
public and private sector. This year is no exception considering the most recent'
budget cutbacks from the United Way Agency (see attached article).
In addition to funding social services agencies, CDBG public service funds can also
be utilized by the City as a matching source for a Department of Justice
If ~ V
Item Page ~
Meeting Date 5-7-96
Community Oriented Police Services (COPS) I Grant. This grant enables the City to
hire four additional Peace Officers to enhance the Police Department's "community
oriented" policing activities. Crime prevention was identified as being one of the
greatest needs according to the 1992 CVHSC Needs Assessment.
Capital Improvements Proiects Reauests
There are 12 proposed capital improvement projects totaling $1,753,543. In
addition to the City proposals, this year there is a significant increase of CIP
requests from the community. All of the CIP's proposals are included in the
Notebook under the Capital Improvement Projects section and are summarized as
follows:
.
County of San Diego - ADA Barrier Removal Survey
$1,100
Funds requested will be utilized to survey Chula Vista sites for ADA access.
Specific buildings to be surveyed are the Assessors/Revenue and Recovery Office
on F Street, the First Supervisorial District Field office on Davidson Street and the
Agricultural Insectary at G Street.
.
SBCS/YMCA Teen Center Club
$250,000
Capital funds requested are for the purchase and renovation of a Teen Center to be
located on the west side of Chula Vista to be jointly owned and operated by South
Bay YMCA and South Bay Community Services.
.
Chula Vista Coordinating Council - Building Renovation
$180,000
Project funds to be used for the restoration of the insectary building facility at 511
G Street. The building is proposed to be used for multi-purpose educational use by
the Chula Vista community while maintaining its historical agricultural use by the
County of San Diego.
.
Boys and Girls Club - Gymnasium Floor Rehabilitation Project
$18,000
A complete renovation of the floor has never been done since its construction in
1984. A complete renovation will allow the floor to be maintained in a safe
condition and extend its life for another 10 to 12 years.
~
(g ~0
Item Page ~
Meeting Date 5-7-96
.
Episcopal Community Services - Otay Health Center Renovation
$86,303
Funds requested to pay for 50% of the total renovation costs associated with the
renovation of the Otay Health Center building located at 1635 Third Avenue in
Chula Vista.
.
Eastern Aquatic Complex
$50,000
Funds are to be used to assist the YMCA with the development of a teaching pool
in an aquatics facility in Rancho Del Rey. The teaching pool will serve senior
citizens, the disabled and low income youth. Per City Council Action in 1994, this
project received approval of $50,000 in CDBG funds per year for five years for a
total of $250,000.
.
ADA Modifications
$114,000
FY 96/97 appropriations would provide for the modification to City facilities as
required by the ADA, making them accessible to individuals with disabilities.
Modification includes signage, doors, public access routes and restrooms. Last
year the City allocated $108,000 in CDBG funds to this activity
.
ADA Curb Cuts
$111,440
FY 96/97 appropriations would provide for the construction of concrete wheelchair
ramps at an estimated 47 different locations in the City. Curb Cuts are a
requirement of the ADA. Last year the City allocated $50,000 to this project.
.
Otay Park Gymnasium
$924,200
The City Council approved a Master Plan for Otay Park on May 24, 1994. FY
96/97 appropriations are for the construction of the first phase of improvements
including the design and construction of a 16,000 square foot gymnasium. Last
year the City allocated $953,000 to this project and staff is considering applying
for a Section 108 loan from HUD to cover additional project costs which have
increased.
.
Parkway Complex Renovation
$18,500
This project will finance the second phase of improvements to the Parkway Center
Complex. These improvements include heating/air-conditioning and ventilation for
the Center, office renovation to include two offices and computer terminal center
and modifications to restrooms and other rooms to accommodate ADA.
/g ~~
Item Page L-
Meeting Date 5-7-96
Community Proiects Reauests
The 6 Community Project requests total $415,312 and include the following types
of activities: a) neighborhood revitalization/Interim assistance; b) special activities
by community-based development organizations; and, c) special economic
development activities. All of the requests for funding are included in the Notebook
under the Community Projects section and are summarized as follows:
Neiqhborhood Revitalization/Interim Assistance
.
Graffiti Eradication
$35,000
South Bay Community Services (SBCS), in partnership with the Chula Vista Police
Department, is requesting funds to continue their community effort to eradicate
graffiti painted on private businesses and residences. Youth offenders and
community volunteers provide the labor. Funds are requested for the Program
Coordinator position.
.
Caring Neighbors Program
$24,000
Lutheran Social Services is requesting funds to continue providing health and safety
home repairs to seniors. Most of the labor is donated by local south bay
contractors.
Special Activities bv Communitv-Based Development Orqanizations
.
South Bay Community Services Office Space
$61,200
Funds are being requested to pay office rent on 5,100 square feet of office space
at 315 Fourth Avenue. These offices are owned by the City and will house a host
of social services which benefit low income households in the city. Last year
$61,200 was allocated to this program.
Special Economic Development Activities
.
SBCS Community Development Program
$70,112
The mission of this program is to initiate community and economic development for
the extremely low, low and moderate income residents of Chula Vista. Efforts
include developing affordable housing, performing neighborhood improvement
projects, and creating economic advancement options.
If ~ 1
Item Page ~
Meeting Date 5-7-96
.
Labor's Community Service Agency
$150,000
Home Security Program proposal is to enhance the security of 350 low and
moderate income homeowners through the installation of security devices. Funds
will be used to pay for staff salaries, equipment, and supplies.
.
BECA Microloan Program
$75,000
Funds will be used to capitalize a Revolving Loan Fund from which to make loans
(primarily micro loans) to Border Environmental Business Cluster (BEBC) tenants.
Administration and PlanninQ Requests
The following is a summary of the 1996-1997 CDBG staff administration and
planning activities totaling $349,626 which includes the following:
.
Chula Vista Fair Housing Program
$40,626
CDBG regulations require the City to undertake proactive fair housing activities. In
order for the City to fulfill this commitment, the San Diego Fair Housing Council will
provide a comprehensive fair housing program. Their proposed activities include
education and outreach, a tenant-landlord hotline, follow-up on discrimination
complaints and rental dwelling discrimination testing. This program is designed to
comply with HUD requirements.
.
Chula Vista Human Service Council
$28,000
The Human Services Council builds coalitions among Chula Vista area social service
providers in order to bring more funding for needed services into the South Bay.
The funds are requested to hire a part-time coordinator (see proposal).
.
MAAC Project - Lead Based Paint Testing
$50,000
Funds will be specifically utilized to provide assessments of lead contaminated
homes in the City. MAAC Project is EPA qualified and State certified for Lead Base
paint Abatement.
.
United Way - Regional Task Force on the Homeless (RTFH)
$1,000
The RTFH publishes special studies which are incorporated into local documents
such as the Housing Element, Consolidated Plan, and Grant proposals for federal
and state funding.
If: ~f
J /-
.
Item Page ~
Meeting Date 5-7-96
United Way - Social Service Outcomes Measurement
$15,000
United Way plans to utilize a professional research firm to annually measure social
service community impact.
.
Parks and Recreation Human Services Coordinator
$15,000
This coordinator facilitates the provision of social services and coordinates
information and referral at the Norman Park Senior Center. In addition, this person
will assist with sub-recipient monitoring and overall staff coordination of CDBG
funded social service programs.
.
Staff Administration
$200,000
These administrative costs represent ten percent of the total budget and includes
staff costs for coordination, accounting, monitoring of sub-recipients,
environmental review, and reporting requirements.
FISCAL IMPACT: The City will receive $2,000,000 CDBG entitlement funds. The
15 percent cap on public services funding will limit the public services allocation to
a maximum of $300,000. In addition, the City will receive approximately
$500,000 in HOME funds for FY 1996-97. The grand total of FY 1996-97 funds
to be received from HUD will be approximately $2,500,000
Attachments:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
J: - I . w....:z
City of Chula Vista Draft Annual Action Plan
FY 1996-1997 CDBG Requests
FY 1996-1997 CDBG Public Service Request/Ad Hoc Committee
Recommendations
Housing Advisory Commission Minutes
Public Notice
CDBG Public Service Allocation FY 1992-1996
U,lt;Jr-:.1 tAl ^ .....r-Ie
[AG\C,\WPWIN\JUAN\A 113\CDBGHEAR.A 113]
It - ~ /;
. "
;
'-./
EXHIBIT
I
CITY OF CHULA VISTA
DRAFT
ANNUAL ACTION PLAN
) 8 - 1/
'1 ..
DRAFT
ANNUAL PLAN: ONE-YEAR USE OF FUNDS
The Annual Plan delineates the City's plans for one year u~e of funds. The Plan describes: 1) the
resources available for program implementation; 2) activity to be undertaken; 3) monitoring; 4)
homelessness; 5) anti-poverty strategy; avd 6) coordination.
A. HOUSING AND COMMUNITY DEVELOPMENT RESOURCES
Financing Resources
Financing resources for addressing housing and community development needs are fairly limited
for the City. To ultimately reach the goals of the City, a variety of resources must be used to achieve
each objective. Table describes the eligible activities of a variety of resources identified in this
section. The lirnited City resources must be leveraged with additional funds ITom private and public
sources and programs. Partnerships with banks, nonprofit, and private developers are needed.
Achieving these goals requires community volunteer efforts to raise funds, solicit grants and donate
time. The City can facilitate the use of developers and potential homeowners of tax-exempt
financing (bond issuances), low income tax credits, and other tax credit programs.
The City anticipates using the following federal programs for implementation of the Consolidated
Plan:
. Community Development Block Grant (CDBG) - the City is an entitlement City and
receives an annual grant ITom the federal government. These funds can be used for
public facilities, .services, or housing for low income (80% and below the median
County income) persons.
. HOME Program - the City also receives an annual grant ITom this HUD program
through a jurisdictionally competitive process. The funds can be used for new
housing construction, housing rehabilitation, rental assistance or to assist first-time
homebuyers.
. Section 8 Rental Assistance - the Housing Authority of Chula Vista will receive
federal (HOD) funding for the next five years to provide rental assistanq.~or low
income families (50% of median County income). .
. Stewart B. McKinney Homeless Act - a variety of programs are available to fund
. homeless transitional housing programs and emergency shelters.
. HUD 202 Program - funds are for new construction of senior housing. The Housing
Authority in conjunction with a nonprofit organization could possibly apply for
funding under this program.
. Federal tax exempt housing revenue bonds - the Housing Authority can issue bonds
which are low interest for the acquisition and construction of low income housing
projects.
If - !~
"
DRAFT
. Low Income Housing Preservation & Resident Homeownership Act (LIHPRHA) _
funds can be applied for through HUD to retain subsidized housing projects whose
FederaJ ass:stance is expiring. Also, funds can be used to sell to purchaser that will
keep it for low-income persons.
The City aJso plans to use funds through the following State or 10caJ government programs:
. Redevelopment Agency 20% Set-Aside Program - every year, the City's
Redevelopment Agency sets aside twenty percent of the tax increment revenue it
generates ITom its five redevelopment areas to be used for the development and
rehabilitation of affordable housing.
. BEGIN Program - the City also plans to apply for BEGIN funds which would be
used to assist first -time homebuyers.
. Mortgage Credit Certificate Program - Tax credits for first time homebuyers.
The City supports the application of other entities within the City for programs which would assist
the City in reaching the goals of the Plan. These programs include Emergency Shelter Grant,
Supportive Housing, Housing for Persons with AIDS, low income housing tax credits, and mortgage
revenue bonds. -
As other programs ITom the State and Federal government arise during the five year planning period
which will assist the City in reaching the goals and objectives of the Plan, the City will pursue those
resources.
Non-profit Resources
. Non-profit housing developers and service providers are a criticaJ resource.to the
City. The following developers and service providers are some of the non profits
who have been active in the City and play an important role in the Plan.
. Savings Associations Mortgage Company (SAMCO) - Permanent financing of multi-
family rental and limited equity housing cooperatives.
. Local Initiative Support Corporation (LISe) - Residential, commercial or'nUxed-use
projects serving low-income, LISC offers non profit capacity building and pre-
development grants and loans.
. Califomia Community Reinvestment Corporation (CCRe) - Permanent financing of
multi-family rental and limited equity housing cooperatives.
)g, /3
DRAFT
B.ACTnnTffiSTOBEUNDERTAKEN
Table ; Funding Sources illustrates the City's CDBG and HOME allocations and program incomes
available for the coming fiscal year. Table . ;: Listing of Proposed Projects identifies the projects
requesting financial assistance tTom the CDBG and HOME programs. Figure . illustrates the
location of site-specific projects.
C. MONITORING
Careful evaluation of the housing and public service delivery system can be the most effective tool
in detecting gaps and making appropirate modifications. Chula Vista monitors its subgrantees,
conducts in-house reviews of progress reports and expenditures and performs on-site visits to ensure
compliance with federal regulations. Agreements made with subgrantees .encourage uniform
reporting to achieve consistent information on beneficiaries. Technical assistance is provided when
necessary.
D. HOMELESS NESS
The City of Chula Vista will continue to support the efforts of South Bay Community Services'
transitional and short-term housing projects which assist the homeless and in addition, will fund the
following projects to help the homeless.
. South Bay Community Services Thursday's Meal Program
. San Diego Regional Task Force on the Homeless
. Lutheran Social Services Project Hand
. South Bay Community Services Casa Nuestra
E. ANTI-POVERTY STRATEGY
As part of the City's Anti-Poverty Strategy, the City will endeavor to integrate social services and
housing activities for households below the poverty line. These efforts include, but are not limited
to the following: " ,..
. South Bay Community Services KIDSBIZ Program: This program teaches "at-risk"
youths to use their entrepenuraJ skills in a positive way. Teenagers are taught to develop
their own business plans and to run their own business.
. Earned Income Tax Credit Program: SBCS has also hired a program coordinator to
do outreach and education people about the Earned Income Tax Credit. This coordinator
will also assist qualifying citizens in applying for the tax credit.
It. /0
DRAFT
. Palomar Trolley Col1UttO'cial Center Project: Both a Day Care Center as well as the .
possibility of a joint ventl!re housing development with Habitat for HUrDaruty are being
pursued with this comniercial, high-volume retail shopping center project.
. Park VulageApartments: On-site day care and job-training services are offered at this
rece?tIy completed 28-unit very low income apartment project.
F. COORDINATION
The City will coordinate and implement its strategies through the following activities:
AcDvity: Target available CDBG funding to those areas and population exhibiting the greatest need.
Activity: Encourage social service providers to work with developers and CHDOs to provide
.service-enriched housing.. Services include health care referrals, financial counseling, and case
management.
Activity: Assist county, state, federal, education, and private organizations involved in economic
development and job training in targeting their efforts towards those areas of Chula Vista exhibiting
the greatest need.
G. AFFORDABLE HOUSING
The City will continue to encourage non profit agencies to build and increase their capacity to create
affordable housing. In addition, the City will continue to seek other funding sources to maximize City
efforts in this area both separate and in joint venture with non profit organizations.
H. LEAD BASED PAINT HAZARDS
As part of the City's efforts to evaluate and reduce Lead Based Paint hazards, the City will begin
to work with MAAC Project, a CHDO in National City, to provide for testing, protection or removal
of lead based paint hazards in conjunction with the City's Housing Rehabilitation program. In
addition, staff ITom the City will continue to attend meetings held at the University of California, San
Diego Western Regional Lead Training Center and receive updated information on lead issues.
.
/'"
Jg/ /~
EXHIBIT 2
FY 1996/1997 CDBG REQUESTS
ESTIMATED $ REQUESTS = $3,003,683 ESTIMATED $ AVAILABLE = $2,000,000
PUBLIC SERVICES - $485,202 CAPITAL IMPROVEMENTS COMMUNITY PROJE?TS - ADMINISTRATION AND
PROJECT - $ 1,753,543 $415,312 PLANNING - $349,626
C.V. Youth Services Network County of San Diego - Barrier Community Restitution Fair Housing Council of San
(SBCS) $ 1 20,000 Removal Survey $1.100 Project/Graffiti Eradication Diego $40,626
(SBCS) $35,000
MAAC Project Nosotros Youth SBCSIYMCA Teen Center Lutheran Social Services (Caring Chula Vista Human Services
Services $2,000 Club $250,000 Neighbors Program) $24,000 Council $28,000
S.D. County Ser/Jobs for C. V. Cluster Coordinating sacs - Office Rent $61,200 Lead Based Paint Abatement
Progress, Inc. $15,000 Council -Building Renovation Program (MAAC) $50,000
$1BO,OOO
S.D. Workforce Partnership Boys and Girls Club of C.V. e.v. Community Development United Way of S.D. - Homeless
(Hire a Youth) $12,75B (Gym Floor) $1B,OOO Program (SBCS) $70,112 Task Force $1,000
Southwestern College (South Episcopal Community Services Labor's Community Service United Way of S.D. - Social
County Career Center) $20.000 Otay Health Center (Building Agency - Home Security Service Outcomes Measurement
Rehab) $86,303 $150,000 $15,000
Jobs for Youth $3,100 Eastern Aquatic Complex BECA - $75,000 Parks & Ree. Human Services
$50,000 Coordinator $15,000
Senior Adult Services/Meals-On- ADA Modifications $114.000 City Staff Administration
Wheels $12,000 $200,000
South Bay Adult Day Health ADA Curb Cuts $111,440
Care Center $12.000
George G. Glenner Alzheimer's Otay Park Gym $924,200
Family Centers
$12,220
Shared Housing $B,182 Parkway Complex
Renovation $18,500
The Access Center of S.D.
;1 $7,500
, C. V. Family Violence
:I Prevention & Intervention
: Coalition (SBCS) $40,000
, AIDS Foundation San Diego
$10,000
Episcopal Community Services
I Outreach Health Education
, $6.435
,
COPS $102,742
S.D. Home loan Counseling
Service $7,000
Woodlawn Community Center
$22,800
Lutheran Social Services
(Project Hand) $20,000
ChUla Vista Literacy Team
Center $19,BBO
Options for Recovery
South Bay Community Video
Library $10,000
Thursday's Meal (SBCS) $5,000
City of Chula Vista Therapeutics
Program - $16,585
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CITY OF CHULA VISTA
MINUTES
SPECIAL HOUSING ADVISORY COMMISSION
EXH I B IT
4
Wednesday April 10, 1996
3:30 p.m.
CALL TO ORDER/ROLL CALL - 3:35 p.m.
Community Development Department
Legislative Building
PRESENT:
Chair Madrid, Members Helton, Flaugher, Lopez-Gonzalez,
Worth
ABSENT:
Alonso-Massey
STAFF:
Housing Coordinator Arroyo, Community Development
Specialist I Schott, Administrative Office Specialist Hernandez
EX-OFFICIO:
Lembo (Abstaining), Mayfield (absent)
1. COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING RELATED
PROPOSALS - The applicants requesting CDBG funds each gave a 5 minute
presentation on their proposals.
(Helton/Flaugher) to approve $36,000 to Fair Housing Council of San Diego, (5-0-1
Alonso-Massey absent).
(Flaugher/Madrid) to approve $5,500 to Lead Based Paint Abatement Program
(MAAC), (5-0-1 Alonso-Massey absent).
(Worth/Madrid) to approve $8,182 to Shared Housing, (5-0-1 Alonso-Massey
absent).
(Helton/Worth) to approve $24,000 to Caring Neighbors Program (Lutheran Social
Services), (5-0-1 Alonso-Massey absent)
(Helton/Worth) to approve $3,500 to S.D. Home Loan Counseling Service, (5-0-1
Alonso-Massey absent).
(Lopez-Gonzalez/Madrid) to approve $1,000 to United Way of S.D. County
(Regional Task Force on the Homeless), (5-0-1 Alonso-Massey absent).
(Flaugher/Worth) not to approve funding to Labor's Community Services Agency
Home Security Rehabilitation Program (5-0-1 Alonso-Massey absent). Member
Flaugher try to contact 7 people that Labor's Community Home Security Rehab
listed in their brochure and finally got a hold of 1 person in San Diego. He was told
how to get in touch with the President of the company, which he couldn't get hold
of. The first 6 people in their brochure are not listed in the phone book. Member
( 1? - It
Helton stated that the OCSA are going to donate the administration cost, and the
alarms are going to be donated by the agencies. So if the materials are being
donated by the people who make the!11, is the $150,000 that they are requesting
for just labor? Chairman Madrid commented that the way she looked at it is 3 full
time paid positions at $50,000 each. Commission members commented that.
SDG&E provide similar services and also Christmas in July does the same thing.
If/9
PUBLIC HEARING
CITY OF CHULA VISTA
FY 1996-1997 COMMUNITY
DEVELOPMENT
BLOCK GRANT (CDBG)
PROGRAM
EXHIBIT
b
Notice is hereby given that the Chula Vista City Coun~il will hold a public hearing
on HOUSING AND COMMUNITY DEVELOPMENT NEEDS and on proposals to meet
these needs through the use of the COMMUNITY DEVELOPMENT BLOCK GRANT
Program. The hearing will be held on: Tuesday, May 7, 1996 at 4:00 p.m. City
Council Chambers, Public Services Building, 276 Fourth Avenue.
For FY 1 996-1997, the City of Chula Vista will receive a Community Development
Block Grant (CDBG) entitlement of approximately $2,000,000. The City proposes
to use these funds for public facilities and improvements, public services, fair
housing, and other community needs. These activities will primarily benefit low
and moderate income families, with a minimum of 70% of the funds targeted to
benefit low income households.
The public is invited to testify on the proposed draft Annual Action Plan to address
the housing and community development needs of the City and to comment on the
use of CDBG funds.
The following COMMUNITY DEVELOPMENT OBJECTIVES are proposed:
1. Provide assistance to organizations serving the varied needs of the
community.
2. Construct public improvements and facilities.
3. Promote economic development and job creations.
4. Provide assistance to community organizations for neighborhood
revitalization and affordable housing.
5. Furnish fair housing information and counseling services.
The PROPOSED 1996-1997CDBG Budget is as follows:
TOTAL REVENUE
TOTAL FUNDING REQUESTED
$2,000,000
$2,986,958
-Public Services
-Capital Improvement Projects
-Community Development Projects
-Administration and Planning
$468,617
$1,753,403
$415,312
$349,626
The proposed FY 1996-1997 CDBG Budget, which includes all requests for funding
from community organizations, exceeds the available funding by about $987,000.
Additional information on the FY 1996-1997 CDBG program is available for
examination at the Community Development Dept., 276 Fourth Ave. and the City
of Chula Vista Library, 356 F St. For more information, please call Juan P. Arroyo,
at 585-5722.
Chris Salomone
Community Development Director
If -' d-J)
.'
Exhibit 6
CDBG PUBLIC SERVICE ALLOCATION
FY 1992-1996
Fiscal Year
Amount of Funding
1991-92
1992-93
1993-94
1994-95
1995-96
$ 175,700
$ 227,000
$ 250,000
$ 271,800
$ 318,450
$1,242,950
TOTAL
Average over last five years $ 248,590
/c- /C)./ !/c,.._ .~ r;
10 (("_ {.......,
THE SAN DIEGO UNION-TRIBUNE' SATURDAY, APRIL 27. 1996
United Way tightens funding via targets
eyKAREN KUCHER
StJIWriter"
Hoping to mak~ better use of
limited resources. United Way of
San !);ego County yeswday .no-
cated $4.. millioo to programs it
says targets the region's most
"""""'" problems.
Dropping . _ ..mere the
..... __ r<<>eM:d fun<ling
every year. the organizatioo took a
fresh look at the 267 proposals it
received. with an eye toward
tdUeving dramatic resu!ts in priori-
time in July, 59 agencies saw theic
fun<ling reduoed. with 25 dropped
oompIeteIy.
Some were shocked by the re-
sults.
~e were preparing ourselves
for a lesser amount of mooey, but
not $13,000; .said ~ Brown,
interim chief executive officer of
the Family Sernoe Association of
San Diego, which saw its allocation
cut from $203.887 to $13.608.
Family Sernoe Association of- .
fers mental health oounseIing to
Iow-income residents and serwd
10,000 dientsat its five offices last
year. T'be United Way funds were
used to subsidize care {or patients
who could not afford it..
"We've been funded by United
Way since 1920, and we are a 107-
year-old agency in San Diego,-
Bcown said.1bere is DO doubt it's
putting the entire agency in jeopar-
dy.-
The SaMtion Army'..fun<ling
was cut by $92.954, and the Ameri-
can Red Cross of San Diego peri-
ty areas.
United Way said it collected
$22.3 million in donations during
this year's campaign. Much of that
is directly committed to programs
by donors. The }ocal United Way
board gets to distribute $4.4 million
mtbetotaL
Yesterday, applicants learned
bow they fared under the DeW pro-
oess - and there were br more
kJ.sers than winners.
While 17 agencies will receive
United Way funding for the first
.........
United Way
.. .," --":.~.',~>.;
- Z<;'G~ttll1g
, _~.; L.......nd~~,.A.,..UOOedWay'.snewfundingpta.nWiRrewardsomeageocies.
~;....H~_ .--::I'_(;;~iIe~~out."J~~JXOCes.s.theorganization
"~''''.' ,.~.~.,.t,>. ,; .,'Z,' ",' '" ;'\1,~';~",;~ .
~1o~;:.~.;~:h.,d to r
'Tobecutbr_isgomg .
tobedevastating:$8idSoottMosh- .AcCes:s~ofSD. Disabilities -$S8.3S3~' SSS,754 a Escoo<ftdoCommunityOink
er. exe<:utive directoc of the Cbula
V1Sta -Boys and Girts Cub. which aAlOSfoundatioo.SD. Families. '$13,448 .$13.250 aEYEColInseling&CrisisServkeS
oversees the c:ontnd serving the aAlliancefufAfrkanAssistance Diversity $0 $17,422 aFamilyServicesAssn..SD.County
13 agencies. a AlphaofSan Diego $49,948 $0 aGirlSoouts.SD.-lmp.Cooncilloc.
The 25 agencies dropped from . $ aHe.artlandHumanRelatioos
United Way include the Leg:al Aid aAlptneCommunityCenter -. 9,960 $0 &FairHousingAssoc..
Society, Logan Heights Family .Nzheimei's~milyCenters Inc.. Health "$0". $29.916 aHome5tart.lnc.
Health Qinic., Tnvders Aid Soci~ aAmeric2nRedCross.SD.I\mp.Co. Emergency ~,$S23.703.;'.$3S3.ooo a Imperial BeachCommunityOinic
ety, the Alpine CommanitY Center. aAn:SD. Disabilities ':~. $72,978;' S800 '.I~i.anChitd&FamiIyServices
the Escoodido Community awe . .'ntlM""'" "'om",'^""'-
and Casa Familiar. . .Am>edSeM<osYMCA.NonhCounty . ,,' $92.003 $0
United Way ~ ~W'ing a Armed ServkesYMCA,SD. Famnies ~\-':S43.1I9 ,-$53,170' aJewishFamilyService
its dist:ribution prooess two years a8anioStatlon Q1i1dren&YQUth $79.975 $76.950 .labor'sCommunityServkeAgency
ago with the goal_ adUeviDg a .&ysldeSetttement~ Oivef'sity. .'~"$83,.44C_ $48,,422, .LegaIAkl~ofSanDiego
" . UfelineCommunitySefvke
greaterimpacton(:UDtDWlityprob- . BigSisterLeague In<. ~ ,:" ;:.$17.293". $53.000 .,' ,.lDgaoHeightsF.amiIyHeaIthC:eotef
~ ~~~c::= .BoysScootofAJnerka.Oes.Pac. Oivefstty :-:,.$197.352 :$106..200 .L.utheranSodaIServices
since 1991. . BoysandGirlsOub.01u1aViSUI ChHdren&Youtti:"'$35.239 $15.336'..; .Meic:ydinic
In years ,past, the organization :. .6oysandGirisOub,Escoodido Cht1dren&youth':':~55.915;~f.i17,G40: \.~Project
deahwithsbortfaDsbyfundingthe ," ,". ' ;~-," ..NeighboIhoodHoose
same ,programs, bat reduced the .BoysandGlrtsOub,fall~ (:,.Qlildren&r~it~38.853.,;:'717.G4?,_:~.N6rthCountyConm~unitySefVices
dollar amounts to the point that .:.Boysand~lrlsaub,knpenaIBeach. OIUdren&'(~:~~~9 $?,112:.- . Nprth{ountyCounci!onAging
some reoeived as Jittle as sm. .,.BoysandGirlsOub,Oceanslde. .., Children&:Youth~-.<:~1, $11,928. .NorthCountyktterfalthCoundI.lnc.
Under the new system. groups .BoysandGirlsdob,Ramona " ChIldren&YoUth~~~ -<:" ~~" S5,112 aOpecadonSamahan,lnc.
!his.year ~ rewarded for consol- . BoysandGirtsdub,SanDieguito OIildren&Youth' (.!t-'-i2s,972 ..':'S23.,8S6.~' .ParentlostitutebQualityEducation
~:...~ requests -.apbed.stand ".8Q)'sandGliisClub,SanMarcos "': 'd1Jldren&Youtb~'> 15it29~';':~ ,sS,t12.0:~~SalvationAmiy, '
theUw~. Wayhadtelegra l i. '"hl,''' """"-', \ti'~.\,: -!,.. '..;j;1j-' , ,...~.r...., ,:;;.~,,,. ~.".:.~.~:..Sam'tRoseSteinEduationCemer
~ethiokwe~~~bet-. g....~~.~>~Oli,b. iSt<I.~ ~~,>>Ai;:,~!<)',,~...../~(~lS" ~~1..1~~nOlegOAineria1nlndian--:;_.
ter and are.making ~ impacts .BoysandGirtsOub,Cartsbad <h~ren&Youth,,,i,t,'S~.A60 -.$~1,928 t-leath~erlnc" .
00 ~ ~ c:oaummity.is in~- ; .~andGirlSaub,East~ty'., ChUdren&yot.ftfi?:::~,'~$17))40~."Sannie9ochineseCenter
=ofihett~~ ; .BoysandGirlsOub,NationaIGty. Children&VouttiP":SS8.310 ~;$11.92B aSanO~egoCou~~onliterilCY
DO enemies in this. 'There is a lack .8oysandGlrlsOub,SantMgo OWIdren&Youth, .-$135.555 $23,856 . SanDtegoMecHationCenter
oftunding." . CampfireCoundIofSD.County - 532.339, SO aSanDiegoUmanleague
Boland said this JC2I"s United .CasaFamaiar ~ $66.275 $0 .SanDiegoYouth~
Way-funded programs will serve .' . '. < CommunftySefVIces Inc.
930,000 residents. up from .CathoIKCharitie:s Heatth$12,818 ,$53.000 .San~Youthlnvolvement\nc.
718.000 clients sef'Y'ed last year. . CenterforCommunitySolutions .$80..oso $0. SeniorCommunityCentersof5D.
In changing its &yStcm. United .1heCenter Diversity ';513".448'>.~,$SO,ooo .SocialAdvoc.atesforYouth
Wa'fsurveyeddoooni.~and .ChIcanofedefi1t.ion 0iYefsity ~'--:$11Q.276 ~$88.077 .~&yCommunityServkes
business.1eaderstQdetenninewhat .Chidren'sHome$ocietydCalifomia _ 515.444' ", $0 . SouthemCaregivefResourceCtr.
communttyprotNemstotarget. .,., ' . ~, a Speech.Hearing&NeurosensoryCtr.
. One of ~ agencies ~.a .Quklren~OUtpabent.Psych~try Families ."'..-.$86.090 ~~9.943 .St.Oare'sHomelnc.
Girect~tionfor~first~1S _(ommunilyCarnpelVlipCouoo1.SD. - ,,;:.~.,.$9.603 if,.: SO .St.VincentdepauIVillage
St.. Clares. Home ID:~' .CommunftyCongressofSD. .$20,067 ' $0 .USlnstituteofAmateurAthletks
~~andr;= .~unitylnt~ceServkes Disabilities .\ -. $0 :.$53,000 .UnionofPanAsianCommunitks
~ fr dooors.St.Oare' .ConsumefCredltCounse!ors, Famaies $0 . $39,750 .UnitedCefebralPalsyAssoc.ofSD
~ om homes. F.scoDdido~ .CrisisHouse &nergency S~ ,'.'$29,680 .USOCouodtofSD. .
a ~ VISta m. h<>meIess . DeafCommunityServicesofSD. Qisabi\ities SO '520.512 .VNAHomeHe3Ith
~ m servmg . EastCountyCommunityOink Health $0 $59,900 . Welfare flights Organization
-We were sad that 1re were oev- .tastCounty Jewist1CommunityCtr, -$55,471. $0. WomerI'S ResourceCenter
erfundedbefore,butI'mjustthrill- .WefHelpof5D. Seniors ."'-'$31.;246 $85.319 .YMCAofSD.Coonty
ed,"saidSisterOaittFcawley,wbo . EpiscopaKommunityServices Emergency 'S54,697 - $53,000 .YWCAof5D.County
founded the group. "'There was a
whole different priority system, and
we fit into the priorities." S()l.Ifa'(JniIedWav
..
al County lost $170.703.
"I don't -.r.mt to play the bitter
game, but, we are ternDly shocked
and c:oncemed about QUI' future"
said Art StiItweI1, executive dir~-
tor for Salvation Army in San DiegQ
County. <<What they've done basi-
cally is cut out our women's and
duldren's lodge downtown."
Tbirteeo Boys and Girls Cubs in
the county also took a huge hit, with
See United Way on Page 8 2
59 agencies see funds
cut compared to 1995
ijp the funding pie - .
considefed267requests:forfunding;itse4ected67sodal-ser- .~~:':'1
viceprogfilmswhereitthoughtthe~,~~the~~.. '. ~,
.. -~-...
, . ~..''''
Cooti<WOd from B-1
"-"
h 'J.
.
."':'~
'95.'96 '96.'91
. Agency Portfolio funds funds
'95.'96 '96-'97
Agenty Portfolio funds funds
..
/i ~ J.~
Families
Senio<>
Children&Youth
.$11.QS2
. $47,721
$203.887
$1-'3,W
$0
$110,351"
$13,608 .,,'
$S6.,2S0;:..:
$10.695 $0
.--,1'
. $37A87 $110,794....,
..$12,376 ;$53.000 .
SO $S3poo
. $17,966 ~ ' SO
$54,912 S58.186
. $,3,305 .,'.. $0
$54.822 ' $0...
'$62.220 $102..298',
'~70,645..": -so ~.
",. ::$924 ,.' ,$12.,190
,>$59,257 ," - . $O;p
. ,',.$5$.748 .. .$53,000 -'
.$173,713 $103,000
'.~.~16~:' ~$5.300,
f. .$17;153 ,.$40.810'
: '~y'$O,''$17.A--40 '."::
'$1-4,205 l' "SO ..~
'.~52 " .$0 ..,
Em&geOCY$t90.229' -$97,275"'11
, ~".' i;~SK~~~:';;)
Drkrsity: ...: .,..';V.-,,",JSO"r-c""'~8,620 .'.
Eduation ", tz4.333" $63.250 .F
Families"', '~':'.~$o .::$37.1Q1:r~t
Families' $1~,836 ,'$161.,400.. :..
Chlldren&Youth
-...
Families
"",,,My
E~<gen<y
<en""
Diversity
Eme<yency
Eme<gen<Y
Seniors
familIeS .
Children & Youth
Youth
50_
fami\ies
Chiklren&Youth
He.'"
Oisa.bllity
. FamiHes
Health
'-si3~~ .$170,4~::
.$33,607." $"-....
$51,90" ,.$68.25()..,.
.~ .'$O."-S60.:230~.
$30))06 $114.9\r'-:.
$0' $20,498 .~.
$52,8(16 :$53,000'
.~.; ,j:.so $47.481-
''$0 $106,000
'$88,128 $0'-"
$120,782 -$120,424
$$7,323 $56,500..
$49,213 $0
$60,475 S1.701"
$31;141 so:. .
$13,659 SO:
$377,538 '$341,131'-~
$247,931 '$191,330"~
''',
Chikiren&YO!Jth
Disabilities
Sen~
Children & youth
Oi~rsity
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I
MEMORANDUM
May 2, 1996
TO:
City Council Candidates
VIA:
John D. Goss, City Manager ~ .
Chris Salomone, Community Development Director{ _
FROM:
SUBJECT:
Community Development Block Grant (CDBG) Request
This is to inform you the binder containing all CDBG FY96-97 applications is available for your
review in the following departments:
. City Clerk's Office
. Community Development Department
. Chula Vista Library (Civic Center)
[BBIC:IWP51 ICOUNCILIMEMOSICANDIDA TE.MEM]
CITY COUNCIL AGENDA STATEMENT
Item Iq
Meeting Date 04-23-96
ITEM TITLE:
RESOLUTION /8:J..5d.-- APPROVING EXCLUSIVE NEGOTIATING
AGREEMENT BETWEEN CITY OF CHULA VISTA AND JOELEN
ENTERPRISES FOR HOTEL DEVELOPMENT
COMMUNITY DEVELOPMENT DIRECTOR [5 .
CITY MANAGEry? (4/5ths Vote: Yes No .1LI
v
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: In 1990, the City issued a request for proposals (RFP) for acquisition and
development of a 3.1-acre site in the 4400 block of Bonita Road, adjacent to the Chula Vista
Municipal Golf Course. The hotel developer selected in that process to develop the 3.1 acres
and the adjacent 4 acres, Joelen Enterprises, was not able to perform due to the condition
of the hotel financing market, and the Exclusive Negotiating Agreement (ENA) entered into
after the RFP process expired. On March 7, 1995, the City Council revisited the issue and
directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises
to develop the proposed hotel. Council directed that the agreement be for a term of 24
months and that it contain specific progress benchmarks. Negotiations on the Broadway
Business Homes have been completed with the developer, which has allowed for the creation
of the exclusive negotiating agreement for the hotel. The goal of the ENA is to accomplish
a disposition and development agreement (DDA). which will take substantial time and effort;
the developer is obligated by the performance milestones in the ENA to make regular,
appropriate progress toward the DDA and the development of the hotel.
The Developer has not agreed to certain technical provisions of the ENA at this point, but
requests the opportunity to formally discuss the ENA and it's disputed provisions on the April
23 agenda. The issue is discussed in detail in the section below regarding the City Attorney's
concerns over provisions in the ENA.
RECOMMENDATION: That the Council adopt the resolution approving a twelve-month
exclusive negotiating agreement (ENA) with Joelen Enterprises for lease or purchase of
approximately seven acres of City-owned property adjacent to the municipal golf course for
development of an approximately 250-room hotel, upon resolution of certain provisions in the
ENA.
BOARDS/COMMISSIONS RECOMMENDATION: On December 4, 1991, the Economic
Development Commission of the City authorized the Chairman to advise the Council that the
commission supported the concept of a resort golf hotel at the site (see Attachment A, EDC
Minutes).
DISCUSSION:
This report will discuss the following: 1) the characteristics of the golf course site; 2) the
history of the City's efforts to accomplish its development; 3) modifications to the Joelen
proposal received on February 29; 4) issues related to the municipal golf course; 5) other
interest expressed in the City-owned parcels; 5) the significant points of the exclusive
11'- (
, 'f
, I
Page 2, Item
Meeting Date 04/23/96
negotiating agreement, including the milestones required by the Council, and, 6) the City
Attorney's concerns regarding certain provisions of the ENA.
Characteristics of City-Owned Site:
The property that was the subject of the RFP is an undeveloped, relatively flat, 3.1-acre site
in the 4400 block of Bonita Road in Chula Vista. It is bounded by the Chula Vista Municipal
Golf Course on the north, Bonita Road on the south, the Bonita Vista condominiums on the
west, and the City-owned restaurant facility, pro shop, and parking lot that is leased to
American golf on the east. The vacant property is designated as Visitor Commercial in the
General Plan and is zoned C-V-P for visitor-serving commercial uses with a precise plan
requirement. The property is used at certain times as an informal parking area for joggers and
walkers on the trail that rings the golf course. The 4-acre parcel is designated as Park and
Recreation in the General Plan and is zoned Agricultural. A map of both parcels is attached
as Attachment B.
Historv of DeveloDment Efforts:
The City first issued an RFP for acquisition and development of the 3. 1-acre site in 1984.
Two proposals were received: Pacific Scene proposed a 1 DO-unit senior residential retirement
complex; and Joelen Enterprises proposed a 1 20-room hotel/conference center with a 100-
seat restaurant. The Council did not accept either proposal and directed staff to do further
study of the parking needs in the area, the possibility of integrated development with the
existing City-owned restaurant facility, and the market feasibility of the hotel/conference
center concept.
In 1990, the City again issued an RFP for acquisition and development of the site
(Attachment C). Six proposals were received. Ultimately, two of the six were withdrawn,
and the City Council chose between four proposals at the Council meeting of April 23, 1991
(see Attachment D: Council agenda statement and Attachment E: Council meeting minutes).
In summary, the four proposals were as follows:
. A golf-oriented 200-room hotel/conference center/restaurant proposal from Joelen
Enterprises on both parcels
. A 96-unit senior apartment complex on the 3. 1-acre parcel proposed by Odmark-
Thelan
. An 80-unit rental townhouse project with a public park, a link in the
jogging/walking trail, and public parking for users of the trail on the 3.1-acre parcel
proposed by the ADMA Company
. A public park on the 3.1-acre parcel proposed by Richard Pena
The two proposals that were withdrawn were as follows:
. A mixed-use project with 30 luxury town homes and a restaurant on the 3.1-acre
parcel proposed by Pacific Scene
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Page 3, Item
Meeting Date 04/23/96
. A 53-unit condominium project on the 3.1-acre parcel proposed as an alternative
by Odmark-Thelan
The City ultimately selected the hotel project proposed by Joelen Enterprises and entered into
a semi-exclusive negotiation agreement in November of 1991. The agreement was extended
through amendment, but the developer ultimately withdrew from negotiations in September
of 1992, due to the developer's inability to obtain financing in a difficult hotel financing
market. At that time, the developer indicated that it still had a strong commitment to the
project, but that it would be some time until financing was available. The developer wished
to have first refusal rights on the property in anticipation of the financing becoming available.
Those rights were not granted by the Council.
At the November 1994 Council reconsideration of the disposition of the property, which was
generated by a request by the ADMA Company to resurrect its proposal to develop the site,
the Council considered the ADMA proposal and an additional proposal from RSG for a retail
commercial project on the site. Joelen Enterprises indicated that it was prepared to go
forward with negotiations with the City to lease the property and build a hotel which was
upsized to 250 rooms and 18,000 to 20,000 square feet of banquet and meeting space.
Joelen indicated that it would take some time for the recovering hotel financing market to
return sufficiently to provide financing for the project. The Council directed staff to return to
the Council with a 24-month exclusive negotiation agreement with Joelen Enterprises to
develop the hotel. The agreement was to contain significant performance milestones for
project planning, environmental review, financing and development processing.
Modifications to Joelen Proposal
For some time during the negotiation of the ENA, Joelen has been indicating that it would be
necessary to modify the lease provisions of the original proposal to respond to changed
circumstances in hotel financing and hotel operations. In response, staff has been asking for
specifics of, and justification for, the needed changes. Staff has recently received those
modifications (Attachment F) , and they are discussed in the narrative that follows.
The ENA period is where the full analysis and negotiation of the business points of the
proposal should properly occur. The reason that staff requested an elaboration of the
developer's intended modifications to the original proposal with supporting financial data was
so that Council could have a general sense of how different the benefits would be from the
modified, unnegotiated proposal. If the modifications caused the "deal" to fall outside a range
of reasonable negotiation, then it would not be appropriate to commit the City property to a
twenty-four month negotiating period.
Following is a comparison of the original proposal terms to the modified proposal terms:
Project scope:
. Original proposal was for approximately 200 rooms and 14,000 square feet
of banquet and meeting space
. Current proposal is for approximately 250 rooms and 17,500 square feet of
banquet and meeting space.
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Meeting Date 04123196
Performance Lease:Original proposal was a 66-year performance lease from which the
City derived lease payments based on percentages of revenue departments of the hotel;
Current proposal is for the same type and term of lease, but with different percentages:
REVENUE DEPARTMENT ORIGINAL MODIFIED
PROPOSAL PROPOSAL
Room Sales 6% 4%
Beverage Sales 5% 5%
Rentals (BanquetIMeeting) 5% 6%
Food Sales 3% 3%
Other (Includes Retail) 10% 7%
Telephone 10% 6%
Golf 0% 7.5%
Lease Concessions during Stabilization Period (the assumption is that it will take the
hotel a number of years to achieve its market room rates and sustain a market
occupancy rate, and that in the meantime a hotel, in order to meet operating costs and
debt service, needs cost concessions, such as relief from full lease payments):
. Original proposal did not specify how the performance lease provisions
would have to be modified during the period prior to stabilization, nor did it
clearly identify the number of years it would likely take to reach stabilized
occupancy. In the staff report of April 1991 , which recommended the hotel
project, staff used the following assumptions in projecting revenues: zero
lease payments to the City until construction completion; payment of 25%
of performance lease proceeds to the City in the first year of operation;
payment of 50% of performance lease proceeds to the City in the second
year of operation; payment of full performance lease proceeds to the City
from third year of operation forward. This issue was left to be negotiated
in the ENA.
. Current proposal specifies that the hotel would receive the following lease
payment concessions from the City: zero lease payments to the City until
construction completion and during first year of operation; flat payment of
$25,000 to the City in second year of operation; flat payment of $35,000
to the City in third year of operation; payment of 10% of the lease proceeds
to the City in the fourth year; an incremental but irregular increase in the
percentage of the payment of the lease proceeds to the City over the next
six years of operation, until payment of 100% of the lease proceeds to the
City is achieved in the seventh year of operation; and payment of 100% of
the City's lease proceeds through the term of the lease. The developer has
projected lease payment revenues to the City based on this proposed
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Page 5, Item
Meeting Date 04/23/96
structure in Exhibit G of Attachment F of the developer's modified proposal.
In brief summary, those projected lease payment revenues to the City are
represented as follows:
Cumulative at end of Year 10:
Cumulative at end of Year 20:
Cumulative at end of Year 30:
Cumulative at end of Year 66:
$1.7 million
$7.3 million
$15.6 million
$88.6 million
Property Purchase:
. Original proposal requested a lease with an option to purchase the property
during the fifth through fifteenth years, due to the fact that such an option
might be necessary in order to secure lender financing. Staff recommended
against the purchase option, and it was not included in the original approved
ENA.
. Current proposal does not request a purchase option in the lease, but it does
request the right to negotiate an outright purchase of the properties as an
outcome of the Disposition and Development Agreement (DDA), again based
on potential necessity in order to obtain lender financing. The developer has
suggested a purchase value for the properties in Exhibit B of Attachment F
of $2.2 to $2.3 million. Staff has included language in the draft ENA that
acknowledges the duty of the staff and the developer to negotiate as a DDA
issue the lease or purchase of the properties (ENA, Paragraph III, B, 2), in
order to be able to respond to the possibility that lender financing would
prove to be available only if the developer had fee title.
Staff's initial evaluation of the proposal modification was that it described a development that
was physically larger and a business deal that was significantly less favorable to the City,
especially in the initial years. Staff felt that it would be valuable to have the modified proposal
analyzed by a professional development financing consultant with expertise and experience
in analyzing hotel deals. As a result, Keyser-Marsten was hired for an amount not-to-exceed
$1,500.00 to do an expedited initial evaluation of the modifications. Keyser-Marsten's report,
which is based on a review of the information in the Joelen modified proposal, and not on any
detailed review of development budget data, which is not yet available, raises significant
issues regarding the hotel's feasibility, the suitability of the lease structure, and the City's
investment return. The Keyser-Marsten conclusions are summarized below:
. The projected room rates will not likely cover the development costs, which
reflect a "superior" hotel
. The lease terms are unconventional in that there is no base lease payment, only
percentages, and that the percentage lease payments are phased in over ten years
. The hotel may not be financible, given that debt service coverage and return on
investment are significantly below prevailing standards
. The net present value of the lease revenues to the City are calculated at between
$2.7 and $3 million, which may undervalue the site
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Meeting Date 04/23/96
. Lease terms should include:
· No subordination of lease payments to debt service
· Any phase-in of percentage lease payments should be keyed to gross-
income break points, not to dates
· There should be a base lease payment at stabilization, with percentage lease
payments payable to the degree that they exceed the base
Staff concurs with the conclusions of the consultant, based on the level of information
currently available, and staff would not be able to recommend that the Council accept the
terms specified in the modified proposal. However, staff feels that the hotel project has the
potential to provide significant benefit to the City in the areas of civic resource, public
relations/image, income from real property assets, and transit occupancy tax. With the clear
understanding that both the City and the developer recognize that the ENA establishes a
period for neQotiatinQ a deal on the real estate and the project that will be beneficial to both
parties, staff recommends that the Council enter into the ENA that contains specific
milestones to be accomplished. As quickly as possible in the ENA period, both parties must
work together to address the feasibility issues raised by the City's financial consultant and to
structure a real estate transaction that is acceptable to the City and to the developer.
Municipal Golf Course Issues:
Staff has had a dialogue with the developer and the lessee and operator of the municipal golf
course, American Golf Corporation, regarding the coordination of the hotel and the golf
course. The golf-course related issues are all significant and will require much attention from
the City, the developer, and American Golf. The developer and American Golf are required
by the ENA to negotiate an memorandum of understanding (MOU) within 150 days of the
execution of the ENA (Note: The ENA allows a 60-day-period by right, and an additional 30-
day period at the sole discretion of the other party, to cure a default resulting from not
performing obligations under the agreement; so it would be possible that the developer could
take 240 days to accomplish the MOU without the ENA being terminated). Intertwined with
that negotiation will be the negotiation between the City and American Golf regarding possible
lease revisions for the golf course and the restaurant parcel. Many of the issues between the
City and American Golf promise to be problematical. The Director of Parks and Recreation has
offered initial positions regarding these issues.
The major issues that have been identified among the parties are the following:
1. Improvements to the Golf Course: The developer contends that the golf course
would need to be improved in order to be of the quality that would draw guests
to the golf-oriented hotel. American Golf has identified the improvements that it
feels would be necessary to make a hotel quality course as a new irrigation
system, rebuilt tees and bunkers, tee-to-green cart paths, replacement of bridges
across the channel, upgraded and lighted practice range, and major channel
renovation. American Golf estimates the cost of improvements at $2.5 to $3
million, which they would fund given the right return-on-investment scenario. The
Director of Parks and Recreation feels that these improvements constitute routine
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Page 7, Item
Meeting Date 04/23/96
maintenance and capital improvement projects that are the obligation of American
Golf in order to keep the course in good playable condition.
2. Downstream DrainaQe improvements: American Golf indicates that no
improvements would be practical without eliminating the existing drainage
impediments at the Willow Street bridge, since resultant flooding would destroy
the improvements. The City and the County are working on removing those
impediments in the near time frame. They greatest single impediment removal
would be the clearance of the reeds in the channel downstream of the Willow
Street crossing. The County indicates that the it will undertake that clearance in
the near future Additionally, there are suspended water lines belonging to the City
of San Diego and the Sweetwater Authority downstream of the bridge that create
an impediment. Discussions are underway regarding the relocation of these lines.
The Director of Parks and Recreation feels that the entire river channel needs to
be restored to conditions before the 1991 rains and that American Golf is
obligated by prior agreement to improve the channel. He also feels that American
Golf is responsible for course improvements regardless of drainage problems.
3. Guaranteed Qolf start times for hotel Quests: The developer and American Golf
indicate that for a golf-oriented hotel to be successful, the hotel must have access
to a guaranteed minimum number of golf start times. Joelen is asking for
approximately 1500 start times per month. The developer indicates that the
impact on local golfers would be lessened by the fact that most of the hotel guest
golfers would be group-business conferees who typically attend meetings and
seminars in the morning and look for course start times in the afternoon, while
most local golfers tee off in the morning. American Golf indicates that, at several
of the golf courses that they manage that are proximate to a hotel, they have
agreements with the hotels that guaranteed start times for the hotel guests must
be scheduled several weeks in advance or they are not reserved and are made
available to local golfers. American Golf indicates that this system has worked
out well for both local golfers and hotel guests. The developer indicates that the
majority of the hotel's business would be group business which is booked far in
advance and that the bookings would include golf reservations. The Director of
Parks and Recreation feels that the principle of guaranteed start times is
controversial.
4. Fees: American Golf indicates that it would have to be allowed to raise greens
fees in order to pay for the intended improvements to the course. Joelen
indicates that it is typical for hotel guests to pay substantially more for greens
fees than local golfers. Both parties suggest a two-tiered fee schedule, with locals
paying significantly less that non-residents such as the hotel guests. No dollar
amounts have been suggested.
5. Restaurant Parcel Disposition: The 4-acre parcel which would be necessary for
the development of the hotel is currently leased to American Golf. American Golf
would have to revert the lease back to the City for the City to lease or sell the
parcel to the developer. American Golf is willing to consider doing so if all parties
can come to terms on all the issues and if the hotel can incorporate a pro shop,
office space, and cart storage (rent-free to American Golf). The developer is
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Page 8, Item
Meeting Date 04/23/96
willing to design those components into the hotel, but is not prepared at this time
to agree to providing them at no cost.
6. Citv/American Golf lease: The golf course lease with American Golf has a term
of thirty years, which means that it will expire in 2016. American Golf's initial
position is that in order to consider funding the $2.5-$3 million in improvements,
the following would be required: golf course lease term concurrent with hotel
lease term, not to be less than 50 years; complete control over rates and policies
at the facility; lower percentage rents for the first ten years of the renegotiated
lease in order to obtain the necessary return on investment. The Director of Parks
and Recreation has the following reactions: a fifty-year lease is unrealistic and not
warranted; American Golf should not be in control of fee-setting, and it would
result in "skyrocketing" green fees; a reduction in percentage rents to the City
from American golf would not be justified and would come at a difficult financial
time for the City.
These issues are substantial and will require much attention. However, staff feels that it is
appropriate for the parties to negotiate these issues during the period of the ENA. Further,
the negotiation of these issues will be given top priority from the inception of the ENA period.
An important component of the staff analysis will be a comparison of total anticipated
revenues to be derived from the hotel development and golf course lease reconfiguration to
the revenues to be derived from the existing golf course lease arrangements.
Other Interest in Parcels
Since the Council directed staff to return with the recommended ENA, several parties have
expressed interest in developing one or both of the City parcels. All of the other interest has
been in commercial retail development.
One of the interested parties, Retail Properties Group (RPG). made a presentation to the
Council at the March 1995 meeting at which the Council directed staff to return with the
ENA. RPG still expresses interest in buying the 3-acre parcel for $800,000 and developing
a 40,000 square foot shopping center that could include such tenants as Boney's Market,
Trader Joe's, Brueger's Bagels, Boston Market, The Juice Club, Super Crown Books,
Starbuck's Coffee, and the Soup Plantation. RSG also expresses willingness to plan its
shopping center around both parcels, include area for golf pro shop, clubhouse, golf cart
housing, and create a golf theme for the center. RSG's proposal is included as Attachment G
for the Council's information.
The interested parties that are known to staff have been made aware of the Council's
consideration of this issue on tonight's agenda. Several have expressed interest in addressing
the Council.
Exclusive Neaotiatina Aareement
In March of 1995, the Council directed staff to return to the Council with a 24-month ENA,
in order to allow the developer the time necessary to secure financing in the recovering hotel
financing market. The presentation of that ENA has been substantially delayed due to the
developer's need to focus attention on the complicated business homes project and difficulty
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Page 9, Item
Meeting Date 04/23/96
in drafting the ENA. Fortuitously, during the period of delay, the developer has made
substantial progress in identifying potential financing opportunities in a market which is
recovering more rapidly than anticipated. As a result, and as evidenced by the attached letter
from Joelen Enterprises (Attachment I), the developer no longer feels that 24 months is
necessary and has requested a 1 2-month agreement, with an option to extend the agreement
by 180 days if the developer can document that they have made substantial progress but
have not been able to finalize due to circumstances beyond their control. Therefore, the
recommended ENA would provide the developer 12 months to enter into a disposition and
development agreement for the lease or purchase of the City-owned vacant parcel ("City
Parcel") and the City-owned parcel leased to American golf ("Restaurant Parcel") and for the
development of an approximately 250-room golf course resort hotel with golf shop,
restaurants, banquet and meeting facilities, and other amenities. During the 12-month
negotiating period, the developer would be required to complete the significant steps in project
design and land use and environmental approvals, demonstrate project financial feasibility, and
secure development financing. An option is provided for an extension of 180 days if the
developer demonstrates that substantial progress has been made and that the fact that a DDA
has not resulted is due to circumstances beyond the developer's control.
The following are key provisions of the agreement:
1. The project will encompass approximately 7 acres (3.1-acre parcel and 4-acre parcel)
and will include a 250-unit hotel with golf pro shop, restaurant, banquet and meeting
facilities, swimming pool, spa, tennis courts, and visitor commercial and retail floor area.
2. The developer will either negotiate a performance lease agreement for the 7-acre site
with the City which is based on City participation in operating revenues of the hotel or
will negotiate a purchase of the site from the City. The option of a sale rather than a
lease is included in the exclusive negotiation agreement at the developer's request to
respond to the developer-perceived possibility that the only way to secure financing for
the project may be to obtain conventional financing, rather than bond financing, and
that conventional financing would require the developer to have fee ownership of the
property.
3. The City will negotiate with American Golf to retrieve control of the 4-acre parcel
currently leased to American Golf ("restaurant parcel"), so that the City can lease or sell
that parcel to the developer. If the City is unsuccessful in negotiating with American
Golf, the developer will negotiate with American Golf to obtain site control of the
Restaurant Parcel currently leased by the City to American Golf.
4. The developer will design a project which will minimize negative traffic impacts and will
provide for sufficient parking for the hotel, the golf course, and the users of the jogging
trail around the golf course, at the developer's cost.
5. It will be a priority that a plan will be developed which will assure that the golf course
will not be significantly impacted and that start times for the public and the hotel guests
will be coordinated, with a guaranteed number of golf start times reserved for the hotel.
The number of reserved start times for hotel guests need to be negotiated with
American Golf by the developer.
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Page 10, Item
Meeting Date 04/23/96
6. All costs and financial risks are the developer's, with the exception that the City will
entertain a proposal for financial assistance if the developer demonstrates the inability
of the project to realize a reasonable return.
7. The developer will complete the following sequential obligations within the following
time periods from the approval of the agreement. These are the milestones that the
Council directed be included to keep the developer on track. All milestones are
identified below; the most important ones are bolded:
a.
b.
c.
d.
e.
f.
g.
h.
Preliminary site plan
Deposit for Preliminary market feasibility analysis
Initial Study application and Environmental cost deposit
Written analysis of City financial benefit
Master Plan and EIR information
GPA Amendment application
Rezone application
MOU with American Golf
Preliminary design plans
lender interest and equity investor interest letters
Public Bonita community forum on project
Design Review application
Deposit for Comprehensive feasibility study and pro forma
MOU with City on lease and DDA terms
Written conditional commitment of financing and equity
Oral and written progress reports to Council
60 days
60 days
90 days
1 50 days
1 50 days
1 50 days
150 days
150 days
180 days
1 80 days
180 days
240 days
240 days
300 days
365 days
Variable
j.
k.
I.
m.
n.
o.
p.
8. City can terminate agreement if any of these benchmarks are missed. City will
contemplate not terminating agreement if the developer misses conditional financing and
equity commitment deadline (365 days). but only if developer deposits non-refundable
$100,000 with City. Deposit will be applicable to lease payments or purchase cost if
a transaction is consummated.
9. The City will contract with expert third-party consultants to provide the preliminary
market feasibility analysis and the comprehensive feasibility study, to be delivered
respectively at the 1 50th day and the 300th day from the execution of the ENA, and
to be funded by a deposit account provided by the developer.
10. City will assist developer with EIR and land use processing (with developer bearing all
customary processing costs). estimation of fees, and negotiation with American Golf.
11. Either party can terminate agreement after due process for impasse, and breach. There
is a provision for cure periods up to ninety days after a performance milestone deadline
is missed.
City Attorney Concerns Over Form of ENA.
Earlier drafts of the ENA included three provisions which were recommended by the City
Attorney's Office but are strongly objected to by the Developer. After much dialogue over
those provisions, it has not been possible to arrive at a consensus over any specific language,
and the Developer has requested that the issues be carried forward to the Council. The
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Page 11, Item
Meeting Date 04/23/96
Developer has indicated that it is necessary at this time to finalize the ENA in order to justify
continuing their efforts on the proposal. It is staff's estimation that additional negotiation on
the staff/City Attorney/developer level will not be fruitful in resolving the disputed language.
The following section discusses the City Attorney's concerns regarding the disputed
provisions, the Developer's objections, and the staff position.
1 . Citv's Rioht to Receive Other Proposals.
The City Attorney's Office recommends that the ENA include a provision whereby the City
would expressly reserve the right during the exclusive negotiations period to receive and
submit, for informational purposes only, alternative proposals for the development and/or
purchase of the site. To address the Developer's initial concerns over this provision, wording
was added which clarified that the City would consider such alternative proposals only in open
session and would not negotiate with the alternative project proponents.
The Developer subsequently objected to this Section because they thought that it would
cause concerns to potential project lenders. The Developer feels that it is not appropriate
during the ENA for the Council to be receiving any information regarding alternative proposals
Staff feels that this provision is too limiting and is unnecessary since City staff should have
the right at any time to present alternative proposals to the Council for information whether
or not express language reserving this right were included in the ENA, and this presentation
of information should not be limited just to open session. Under existing language in the ENA,
the City agrees not to neootiate with other potential developers; it does not agree to not
receive or evaluate alternative project proposals or terms.
The City Attorney's office has an additional concern about this issue that will be conveyed
to the Council in a separate memorandum.
For discussion purposes, the language recommended by the City Attorney has been included
in the ENA (Section IV). It is underlined for quick identification, and the reference within it
to open session discussion only has been bracketed.
2. Citv's "Walk-awav" Rioht Due to Proiect Infeasibilitv.
The City Attorney's Office originally recommended that the ENA include a provision whereby
the City would reserve the right to terminate the ENA in the event that the City determined
that the proposed hotel project was not economically feasible. To address developers'
concerns regarding the broad nature of this termination right, the City Attorney's Office
agreed to add wording to this provision which clarified that the City must exercise such a right
reasonably and in good faith, and only based upon objective third party analysis of the project.
The developers subsequently objected to this Section because of continuing concerns over
its broad nature and the concerns they thought that it would cause to potential project
lenders.
The City Attorney's Office would like to retain the City's express right to terminate the ENA
due to the City's determination of economic infeasibility. This is a standard provision in the
City's form ENA, and, in the City Attorney's opinion, one that is particularly applicable to
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Page 12, Item
Meeting Date 04/23/96
medium or long term ENA's regarding projects, like hotels, where the feasibility is not at all
certain. The circumstance to which such a provision would be most applicable is if the
economic consultant finds the project to be feasible or infeasible, but the City disagrees with
the conclusions. (A somewhat similar situation occurred, you may recall, in negotiations for
the Mid-Bayfront project.) If this were to happen, and the City did not have the right to
terminate the ENA, the City may be placed in the untenable position of having to exclusively
negotiate for up to six months (or longer) for the development of a project that the City has
determined cannot be successfully developed.
However, in an effort to reach a compromise on this issue, the City Attorney's Office has
proposed the following concept: After a determination of infeasibility, or otherwise, the City
would have a right to tender to the developers a last best and final good faith offer of terms
for the disposition and development of the project. If such terms were rejected or not
responded to by the developers within a specified period of time (e.g., 30 days) the City could
declare an impasse and legally terminate the ENA. This proposal would require that the
following provision be added to Section V.A. of the ENA regarding termination due to
impasse:
For purposes of this Section, a party shall irrefutably be deemed to have made a
Reasonable Impasse Determination if such party submits, in good faith, to the
other party, via registered mail, return receipt requested, its last best and final
offer of basic business terms for the lease or other disposition of the Site and the
development of the Project, and the receiving party fails to completely accept or
fails to respond to such offer by the date falling 30 days after its receipt thereof.
As another alternative, or additional concept, the City Attorneys's office recommends that if
the third-party study of the project shows it to be feasible, but the City reasonably disagrees,
the developer be required to make a good faith deposit towards staff costs incurred
throughout the remainder of the exclusive negotiations period. If the project is approved, such
amount would be refunded.
Staff feels that the Attorney's proposed language to be added to the Impasse section is an
acceptable resolution of the issue. Staff also feels, however, that the City is sufficiently
protected without that language, since the agreement is only 12 months long and the
feasibility analysis by the third-party expert will not occur until after 10 months per the above
schedule; therefore, even if infeasibility is the conclusion of the City, the property would not
be tied up for more that 60 to 65 days.
The language recommended by the City Attorney is included in Section V. A for discussion
purposes. It is underlined for easy identification.
3.. Citv's "Walk-awav" Riqht Due to Adverse TOT Law Chanqe.
Earlier drafts of the ENA included a provision whereby the City reserved the right to terminate
the ENA in the event that there was a state law adopted which materially changed the amount
of transit occupancy taxes that would be received by the City from the proposed project.
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Page 13, Item
Meeting Date 04/23/96
The Developer also feels that this provision will raise concerns with their potential financing
sources. They feel that the City should not have the ability to reject the proposal over erosion
of benefit after the Developer has spent significant time and money in pursuit of a DDA.
Staff recommends that this provision not be included in the ENA because it is felt that such
a change in the law is unlikely to occur during the term of the ENA. In fact, there is no
legislation pending this session which would threaten Transit Occupancy Tax. Furthermore,
even if such a change did occur, which it will not, the loss of revenues could either be made
up in negotiations with the developers, or, if it were a substantial loss of revenues, be a
legitimate basis for declaration of an impasse.
The City Attorney agrees that this provision could be deleted with very little remaining risk
provided that the ENA is amended to include the language change proposed above which
clarifies the City's ability to declare an impasse in the negotiations.
The language recommended by the City Attorney has not been included in the ENA, but it is
proved below for discussion:
Termination Due to Material Change in Projected City Project Financial Benefit
Notwithstanding the nominal Negotiating Period herein above set forth, City may
terminate this agreement at any time if it reasonably determines that there has
been a materially negative change in the projected revenues to the City from the
project, provided that the materially negative change is not caused by any direct
affirmative action of the City.
Note: At the date of the delivery of the Council meeting agenda packet, the Developers are
still reviewing the language options presented in the ENA and have not made a final
determination on their position. They will convey their final position at or before the Council
meeting.
FISCAL IMPACT: The execution of the exclusive negotiating agreement will involve the
commitment of significant staff time in pursuit of development of the proposed hotel. As this
is a special project outside of the redevelopment project areas that is being managed by
Community Development staff, funds will be budgeted in a General Fund project account.
The budget for the proposed project being submitted for FY 1997 is approximately $120,000,
with the most significant cost categories being staff costs for project analysis and legal
services for the drafting and negotiation of a disposition and development agreement.
If the ENA does not result in a hotel project, the City could lose revenues over the period of
the agreement that might have been realized by alternative development of the site that could
occur sooner, such as the proposal referenced above to buy the 3-acre site for $800,000 to
develop a commercial shopping center.
If the hotel is developed under a performance lease and meets the financial expectations of
the preliminary projections, the City would realize revenues from transit occupancy tax,
property tax, and performance lease payments. The developer estimates cumulative transit
occupancy tax revenues to the City by Year 25 at $28.5 million. The cumulative percentage
rent payments to the City by Year 25, using the developers projections, are calculated as
follows by the developer and the consultant:
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Page 14. Item
Meeting Date 04/23/96
Growth Rate
At 3% Growth
At 4% Growth
At 5 % Growth
Cum. Rent
$9.8 million
$11 million
$13 million
The financial consultant estimates the net present value of this range to be between $2.7 and
$3.0 million.
Combined with the transit occupancy tax projections, cumulative revenues at Year 25 would
be roughly in the range of $38 to $42 million.
The alternative to the performance lease is for the City to sell the property to the developer;
the developer has offered $2.2 to $2.3 million. The area needed to develop the hotel would
have to be refined and the property would have to be appraised to fix a value position for the
City.
Much additional financial analysis needs to be done during the ENA period to properly assess
the validity of the projections and estimated values and to define an appropriate transaction
for the City.
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RICHARD A. PEN A
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Bonita, CA, 919202
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April 29, 1996
The Honorable Shirley Horton
Mayor of Chula Vista
Chula Vista, California
Dear Shirley,:
I am enclosing copies of an address that I was to make last week at the City Council
meeting. I hope to refer to it when the Bonita Hotel matter is discussed by the council.
If you will recall I was against this plan from the very beginning. I strongly believe that
this is a valuable piece of property that must be kept by the city. The public good that
the city could do for its residents is immeasurable. I sincerely entreat you and council
to abandon the hotel idea. The community, I am sure, would laud you for that decision.
---
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Richard A. Pena
Enclosure: Proposed address to the City Council
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April 22, 1996
I am Richard Pena and I live at
Bonita. We have lived in the same house since 1959.
Those of you who know me and know of my longevity in
em
the Valley may think that I am against change. They would, of
course, be :light. I am against any kind of change that is a
detriment to the community and to the people who call this their
home. The building of a hotel at the Muni Golf Course site, by
Mr. Citron, or anyone else for that matter, would be such a
detriment.
There are many reasons why I am so vehemently against the
hotel. The principal one, I suppose, is that the city will be
literally giving away a valuable piece of property. It is almost
tantamount to deeding over the property at 276 4th Avenue. The
property should remain, unencumbered, in the hands of the city to
use in a public-oriented manner. We originally proposed a
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passive park in the area. We continue with this thought excepting
we would like to leave the door open for a city developed building
that would benefit everyone We envision a multi-purpose
structure, a civic theater, for example, a ballroom, or perhaps
meeting rooms for mini-conventions and the like. With the talent
that the city has at its disposal any number of types of structures
could he designed and submined for the council's study and
perusaJ.
Secondly, the building of a 250 room hotel would, for all
intents and purposes, ruin the golf course. It would certainly
destroy the intents and purposes of the course, and that is to serve
the people of the community. A municipal golf course should be
primarily enjoyed by the people of that community not the out-of-
tower. There has been talk that the hotel guest and the local
player could both be accommodated. If anyone thinks that
someone who pays $200. a day for a hotel room with golf
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privileges is going to play second fiddle to the local who pays
twenty bucks green fees he is laboring under an illusion. No
way.
Third, the design of the hotel is certainly not in keeping with
what buildings in the area should be. The gaudy pink and cream
rendering that we have Seen is all right for some places but
certainly not here. It is simply out of place. It would be like
having a professional Sumo wrestler at a junior high school
wrestling meet. Let Mr. Citron take his hotel out the back
country, the Otay Ranch for example. Lots of land, out there.
Fourth, the headaches that the hotel would create would be
tremendous. The traffic alone would be enough to cause all of us
to leave the area. It is bad enough as it is. And think of the drain
on water, utilities and emergency services. It is something for
which locals should not have to contend.
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A closing point would be the tenuous situation of the Joeleen
Corporation. For the past four years it has been an on-again, off-
again situation with city personnel giving the firm more lee-way
than they should. The reliability of the firm makes one think that
there is a good chance that the city may be caught with a part-way
built structure. It has happened before locally, and it could
happen again, particularly when one's finances are shaky.
It is hoped that the City Council, at least, take a long hard
look at this doubtful proposal. It is. of course, further hoped that
the City Council cancel this hotel proposal entirely. It would be
for the city's good.
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TO: The Honorable Shirley Horton, Mayor City of Chula Vista
and Members of the City Council
FROM: Len Moore, 182 EI Capitan Dr., Chula Vista
DATE: May 7, 1996
SUBJECT: Item 19 - ENA for Bonita Hotel
Good Evening Madam Mayor and Members of the City CounciL I'm Leonard Moore, and
I live at 182 EI Capitan Drive in Chula Vista. The first meeting of a 2 I-member building
committee of my church is at this hour, and as co-chairman of the committee, it prevents
me from speaking to you in person.
My intent tonight is not to advise you on how to vote on this project but instead to point out
one recommendation that was made within the agenda report, which is not in the best
interest of the Council policies when working with developers to reach a proper, legal and
economical development agreement of benefit to the over all City.
I can't believe that our neighbor to the north gained the economic benefits of two hotels
while Chula Vista has none. A hotel- better yet an inn or a lodge - in Chula Vista, which
will be a marvelous satellite to a well established hotel in Coronado and which will be
located on our city golf course and close to the Olympic Training Center, has always set
well with me and many others as another win-win jewel within our City.
What I question in this agenda item, which was submitted by one of your senior staff
members and which was not a negotiated item but an item of contention and one having no
rationale for inclusion. When a development agreement is negotiated, many items should
be included to protect the city treasury and our II growth management standards. but
items such as this are most inappropriate. Well established and proven techniques.
including extensive negotiations and volunteered items, are set to print - sometimes are
included by a nudge by staff. Idiosyncrasies such as this discredit our City and make your
constituency question the motive of your senior staff to include such language.
I refer to page II items I and 2: "City's Right to Receive Other Proposals" and "City's
'Walk Away' Right Due to Protect Infallibility." We know verbiage such as this in a
development agreement is most detrimental to lending terms. Who are the third parties?
What do you want proven? Major elements in the success of this project are multiple - a
spin off of a successful hotel, the growth in tourism to the Olympic Training Center, the
growth of planned communities in eastern Chula Vista. What is the cost of doing business
with Chula Vista? What is the unprotected investment a developer spends due to some staff
demands1 There certainly should be some checks and balances triggering an impasse in
negotiations based on the developer's project investment.
I urge the Council to amend staff recommendations and eliminate language such as tills
while ensuring our City is properly protected within good bargaining techniques.
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CHULA VISTA MEN'S GOLF CLUB
P.O. Box 403
Bonita, CA 91908-0403
TO: The Honorable Mayor Horton and City Council
City of Chula Vista
RE: Negotiating Agreement Between the City of Chula Vista
and Joelen Enterprises for Hotel Development
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At the Chula Vista Men's Golf Club General Membership meeting held April
9th, 1996, a lengthy discussion ensued regarding the above project. A
number of concerns were voiced. In brief, the paragraph below contains the
majority of those concerns.
The proximate location of a "destination resort" to a municipal facility
would inevitably lead to a loss of availability and an increase in user
costs to residents of this city. The loss of availability would impact all
golfers. The cost increase would have a greater impact on youth and senior
golfers on limited or fixed incomes.
The Chula Vista Men's Golf Club has a membership of over 400, many of which
are seniors. We would be happy to assist the City Council in researching
new and varied uses for the area in question that would better serve all
city residents.
On behalf of the Chula Vista Men's Golf Club and, we believe, all residents
of this city, we implore you to cease negotiations with Joelen Enterprises.
Please don't give our golf course away.
Respectfully,
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~hula Vista Men's Goii
Mike Bailey-President
Club
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CITY COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 04-23-96
ITEM TITLE:
RESOLUTION APPROVING EXCLUSIVE NEGOTIATING
AGREEMENT BETWEEN CITY OF CHULA VISTA AND JOELEN
ENTERPRISES FOR HOTEL DEVELOPMENT
COMMUNITY DEVELOPMENT DIRECTOR c...~ ,
CITY MANAGER t (4/5ths Vote: Ves No lLl
BACKGROUND: In 1990, the City issued a request for proposals IRFP) for acquisition and
development of a 3.1-acre site in the 4400 block of Bonita Road, adjacent to the Chula Vista
Municipal Golf Course. The hotel developer selected in that process to develop the 3.1 acres
end the adjacent 4 acres, Joelen Enterprises, was not able to perform due to the condition
of the hotel financing market, and the Exclusive Negotiating Agreement lENA) entered into
after the RFP process expired. On March 7, 1995, the City Council revisited the issue and
directed staff to return with a new exclusive negotiating agreement with Joelen Enterprises
to develop the proposed hotel. Council directed that the agreement be for a term of 24
months and that it contain specific progress benchmarks. Negotiations on the Broadway
Business Homes have been completed with the developer, which has allowed for the creation
of the exclusive negotiating agreement for the hotel. The goal of the ENA is to accomplish
a disposition and development agreement IDDA), which will take substantial time and effort;
the developer is obligated by the performance milestones in the ENA to make regular,
appropriate progress toward the DDA and the development of the hotel.
SUBMITTED BV:
REVIEWED BV:
The Developer has not agreed to certain technical provisions of the ENA at this point, but
requests the opportunity to formally discuss the ENA and it's disputed provisions on the April
23 agenda. The issue is discussed in detail in the section below regarding the City Attorney's
concerns over provisions in the ENA.
RECOMMENDATION: That the Council adopt the resolution approving a twelve-month
exclusive negotiating agreement lENA) with Joelen Enterprises for lease or purchase of
approximately seven acres of City-owned property adjacent to the municipal golf course for
development of an approximately 250-room hotel, upon resolution of certain provisions in the
ENA.
BOARDS/COMMISSIONS RECOMMENDATION: On December 4, 1991, the Economic
Development Commission of the City authorized the Chairman to advise the Council that the
commission supported the concept of a resort goif hotel at the site Isee Attachment A. EDC
Minutes) .
DISCUSSION:
This report will discuss the following: 1) the characteristics of the golf course site; 2) the
history of the City's efforts to accomplish its development; 31 modifications to the Joelen
proposal received on February 29; 4) issues related to the municipal golf course; 5) other
interest expressed in the City-owned parcels; 5) the significant points of the axclusive
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Page 2, Item \ ')
Meeting Dete 04/23/96
negotiating agreement, including the milestones required by the Council, and, 6) the City
Attorney's concerns regarding certain provisions of the ENA.
Characteristics of City-Owned Site:
The property that was the subject of the RFP is an undeveloped, relatively flat, 3.1-acre site
in the 4400 block of Bonita Road in Chula Vista. It is bounded by the Chula Vista Municipal
Golf Course on the north, Bonita Road on the south, the Bonita Vista condominiums on the
west, and the City-owned restaurant facility, pro shop, and parking lot that is leased to
American golf on the east. The vacant property is designated as Visitor Commercial in the
General Plan and is zoned C-V-P for visitor-serving commercial uses with a precise plan
requirement. The property is used at certain times as an informal parking area for joggers and
walkers on the trail that rings the golf course. The 4-acre parcel is designated as Park and
Recreation in the General Plan and is zoned Agricultural. A map of both parcels is attached as
Attachment B.
Historv of Develooment Efforts:
The City first issued an RFP for acquisition and development of the 3.1-acre site in 19S4.
Two proposals were received: Pacific Scene proposed a 1 OO-unit senior residential retirement
complex; and Joelen Enterprises proposed a 1 20-room hotel/conference center with a 100-
seat restaurant. The Council did not accept either proposal and directed staff to do further
study of the parking needs in the area, the possibility of integrated development with the
existing City-owned restaurant facility, and the market feasibility of the hotel/conference
center concept.
In 1990, the City again issued an RFP for acquisition and development of the site
(Attachment C). Six proposals were received. Ultimately, two of the six were withdrawn,
and the City Council chose between four proposals at the Council meeting of April 23, 1991
(see Attachment D: Council agenda statement and Attachment E: Council meeting minutes).
In summary, the four proposals were as follows:
. A golf-oriented 200-room hotel/conference center/restaurant proposal from Joelen
Enterprises on both parcels
. A 96-unit senior apartment complex on the 3.1-acre parcel proposed by Odmark-
Thelan
. An SO-unit rental townhouse project with a public park, a link in the
jogging/walking trail, and public parking for users of the trail on the 3.1-acre parcel
proposed by the ADMA Company
. A public park on the 3.1-acre parcel proposed by Richard Pena
The two proposals that were withdrawn were as follows:
. A mixed-use project with 30 luxury townhomes and a restaurant on the 3.1-acre
parcel proposed by Pacific Scene
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Meeting Date 04/23/96
. A 53-unit condominium project on the 3.1-acre parcel proposed as an alternative
by Odmark- Thelan
The City ultimately selected the hotel project proposed by Joelen Enterprises and entered into
a semi-exclusive negotiation agreement in November of 1991. The agreement was extended
through amendment, but the developer ultimately withdrew from negotiations in September
of 1992, due to the developer's inability to obtain financing in a difficult hotel financing
market. At that time, the developer indicated that it still had a strong commitment to the
project, but that it would be some time until financing was available. The developer wished
to have first refusal rights on the property in anticipation of the financing becoming available.
Those rights were not granted by the Council.
At the November 1994 Council reconsideration of the disposition of the property, which was
generated by a request by the ADMA Company to resurrect its proposal to develop the site,
the Council considered the ADMA proposal and an additional proposal from RSG for a retail
commercial project on the site. Joelen Enterprises indicated that it was prepared to go
forward with negotiations with the City to lease the property and build a hotel which was
upsized to 250 rooms and 18,000 to 20,000 square feet of banquet and meeting space.
Joelen indicated that it would take some time for the recovering hotel financing market to
return sufficiently to provide financing for the project. The Council directed staff to return to
the Council with a 24-month exclusive negotiation agreement with Joelen Enterprises to
develop the hotel. The agreement was to contain significant performance milestones for
project planning, environmental review, financing and development processing.
Modifications to Joelen ProDosal
For some time during the negotiation of the ENA, Joelen has been indicating that it would be
necessary to modify the lease provisions of the original proposal to respond to changed
circumstances in hotel financing and hotel operations. In response, staff has been asking for
specifics of, and justification for, the needed changes. Staff has recently received those
modifications (Attachment FI, and they are discussed in the narrative that follows.
The ENA period is where the full analysis and negotiation of the business points of the
proposal should properly occur. The reason that staff requested an elaboration of the
developer's intended modifications to the original proposal with supporting financial data was
so that Council could have a general sense of how different the benefits would be from the
modified, unnegotiated proposal. If the modifications caused the "deal" to fall outside a range
of reasonable negotiation, then it would not be appropriate to commit the City property to a
twenty-four month negotiating period.
Following is a comparison of the original proposal terms to the modified proposal terms:
Project Bcope:
. Original proposal was for approximately 200 rooms and 14,000 square feet
of banquet and meeting space
. Current proposal is for approximately 250 rooms and 17,500 square feet of
banquet and meeting space.
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Page 4. Item 13
Meeting Dete 04/23/96
Performance Laasa:Original proposal was a 66-year performance lease from which the
City derived lease payments based on percentages of revenue departments of the hotel;
Current proposal is for the same type and term of lease. but with different percentages:
REVENUE DEPARTMENT ORIGINAL MODIFIED
PROPOSAL PROPOSAL
Room Sales 6% 4%
Beverage Sales 5% 5%
Rentals (Banquet/Meetingl 5% 6%
Food Sales 3% 3%
Other (Includes Retail) 10% 7%
Telephone 10% 6%
Golf 0% 7.5%
Lease Concessions during Stabilization Period (the assumption is that it will take the
hotel a number of years to achieve its market room rates and sustain a market
occupancy rate, and that in the meantime a hotel, in order to meet operating costs and
debt service, needs cost concessions. such as relief from full lease payments):
. Original prop'osal did not specify how the performance lease provisions
would have to be modified during the period prior to stabilization. nor did it
clearly identify the number of years it would likely take to reach stabilized
occupancy. In the staff report of April 1991. which recommended the hotel
project, staff. used the following assumptions in projecting revenues: zero
lease payments to the City until construction completion; payment of 25%
of performance lease proceeds to the City in the first year of operation;
payment of 50% of performance lease proceeds to the City in the second
year of operation; payment of full performance lease proceeds to the City
from third year of operation forward. This issue was left to be negotiated
in the ENA.
. Current proposal specifies that the hotel would receive the following lease
payment concessions from the City: zero lease payments to the City until
construction completion and during first year of operation; flat payment of
$25,000 to the City in second year of operation; flat payment of $35,000
to the City in third year of operation; payment of 10% of the lease proceeds
to the City in the fourth year; an incremental but irregular increase in the
percentage of the payment of the lease proceeds to the City over the next
six years of operation, until payment of 100% of the lease proceeds to the
City is achieved in the seventh year of operation; and payment of 100% of
the City's lease proceeds through the term of the lease. The developer has
projected lease payment revenues to the City based on this proposed
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Page 6, Item 13
Meeting Date 04/23/96
structure in Exhibit G of Attachment F of the developer's modified proposal.
In brief summary, those projected lease payment revenues to the City are
represented as follows:
Cumulative at end of Year 10:
Cumulative at end of Year 20:
Cumulative at end of Year 30:
Cumulative at end of Year 66:
$1 .7 million
$7.3 million
$15.6 million
$88.6 million
Property Purchase:
. Original proposal requested a lease with an option to purchase the property
during the fifth through fifteenth years, due to the fact that such an option
might be necessary in order to secure lender financing. Staff recommended
against the purchase option, and it was not included in the original approved
ENA.
. Current proposal does not request a purchase option in the lease, but it does
request the right to negotiate an outright purchase of the properties as an
outcome of the Disposition and Development Agreement (DDA), again based
on potential necessity in order to obtain lender financing. The developer has
suggested a purchase value for the properties in Exhibit 8 of Attachment F
of $2.2 to $2.3 million. Staff has included language in the draft ENA that
aCknowledges the duty of the staff and the developer to negotiate as a DDA
issue the lease 2! purchase of the properties lENA, Paragraph III, 8, 2), in
order to be able to respond to the possibility that lender financing would
prove to be available only if the developer had fee title.
Staff's initial evaluation of the proposal modification was that it described a development that
was physically larger and a business deal that was significantly less favorable to the City,
especially in the initial years. Staff felt that it would be valuable to heve the modified proposal
analyzed by a professional development financing consultant with expertise and experience
in analyzing hotel deals. As a result, Keyser-Marsten was hired for en emount not-to-exceed
$1,500.00to do an expedited initial evaluation of the modifications. Keyser-Marsten's report,
which is based on a review of the information in the Joelen modified proposal, end not on any
detailed review of development budget data, which is not yet available, reises significant
issues regarding the hotel's feasibility, the suitability of the lease structure, end tne City's
investment return. The Keyser-Marsten conclusions are summarized below:
. The projected room rates will not likely cover the development costs, which reflect
a "superior" hotel
. The lease terms are unconventional in that there is no base lease payment, only
percentages, and that the percentage lease payments are phased in over ten years
. The hotel may not be finencible, given that debt service coverage and return on
investment ere significantly below prevailing standards
. The net present value of the lease revenues to the City are calculated at between
$2.7 and $3 million, which may undervalue the site
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Page 6, Item I J
Meating Date 04/23/96
. Lease terms should include:
. No subordination of lease payments to debt service
. Any phase-in of percentage lease payments should be keyed to gross-
income break points, not to dates .
. There should be a base lease payment at stabilization, with percentage lease
payments payable to the degree that they exceed the base
Staff concurs with the conclusions of the consultant, based on the level of information
currently available, and staff would not be able to recommend that the Council accept the
terms specified in the modified proposal. However, staff feels that the hotel project has the
potential to provide significant benefit to the City in the areas of civic resource, public
relations/image, income from real property assets. and transit occupancy tax. With the clear
understanding that both the City and the devaloper recognize that the ENA establishes a
period for neaotiatina a deal on the raal estate and the project that will be beneficial to both
parties, staff recommends that the Council enter into the ENA that contains specific
milestones to be accomplished. As quickly as possible in the ENA period, both parties must
work together to address the feasibility issues raised by the City's financial consultant and to
structure a real estate transaction that is acceptable to the City and to the developer.
MunlciDal Golf Course Issues:
Staff has had a dialogue with the developer and the lessee and operator of the municipal golf
course, American Golf Corporation, regarding the coordination of the hotel and the golf course.
The golf-course related issues are all significant and will require much attention from the City,
the developer, and American Golf. The developer and American Golf are required by the ENA
to negotiate an memorandum of understanding (MOUI within 150 days of the execution of the
ENA (Note: The ENA allows a 60-day-period by right, and an additional 30-day period at the
sole discretion of the other party, to cure a default resulting from not performing obligations
under the agreement; so it would be possible that the developer could take 240 days to
accomplish the MOU without the ENA being terminated). Intertwined with that negotiation
will be the negotiation between the City and American Golf regarding possible lease revisions
for the golf course and the restaurant parcel. Many of the issues between the City and
American Golf promise to be problematical. The Director of Parks and Recreation has offered
initial positions regarding these issues.
The major issues that have been identified among the parties are the following:
1. ImDrovements to the Golf Course: The developer contends that the golf course
would need to be improved in order to be of the quality that would draw guests
to the golf-oriented hotel. American Golf has identified the improvements that it
feels would be necessary to make a hotel quality course as a new irrigation
system, rebuilt tees and bunkers, tee-to-green cart paths, replacement of bridges
across the channel, upgraded and lighted practice range, and major channel
renovation. American Golf estimates the cost of improvements at $2.5 to $3
million, which they would fund given the right return-on-investment scenario. The
Director of Parks and Recreation feels that these improvements constitute routine
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Page 7. Item /3
Meeting Dete 04/23/96
maintenance and capital improvement projects that are the obligation of American
Golf in order to keep the course in good playable condition.
2. Downstream Drainaae imDrovements: American Golf indicates that no
improvements would be practical without eliminating the existing drainage
impediments at the Willow Street bridge, since resultant flooding would destroy
the improvements. The City and the County are working on removing those
impediments in the near time frame. They greatest single impediment removal
would be the clearance of the reeds in the channel downstream of the Willow
Street crossing. The County indicates that the it will undertake that clearance in
the near future Additionally. there ere suspended water lines belonging to the City
of San Diego and the Sweetwater Authority downstream of the bridge that create
an impediment. Discussions are underway regarding the relocation of these lines.
The Director of Parks and Recreation feels that the entire river channel needs to
be restored to conditions before the 1991 rains and that American Golf is
obligated by prior agreement to improve the channel. He also feels that American
Golf is responsible for course improvements regardless of drainage problems.
3. Guaranteed aolf start times for hotel auests: The developer and American Golf
indicate that for a golf-oriented hotel to be successful, the hotel must have access
to a guaranteed minimum number of golf start times. Joelen is asking for
approximately 1500 start times per month. The developer indicates that the
impact on local golfers would be lessened by the fact that most of the hotel guest
golfers would be group-business conferees who typically attend meetings and
seminars in the morning and look for course start times in the afternoon, while
most local golfers tee off in the morning. American Golf indicates that, at several
of the golf courses that they manage that are proximate to a hotel, they have
agreements with the hotels that guaranteed start times for the hotel guests must
be scheduled several weeks in advance or they are not reserved and are made
available to local golfers. American Golf indicates that this system has worked out
well for both local golfers and hotel guests. The developer indicates that the
majority of the hotel's business would be group business which is booked far in
advance and that the bookings would include golf reservations. The Director of
Parks and Recreation feels that the principle of guaranteed start times is
controversial.
4. ~ American Golf indicates that it would have to be allowed to raise greens
fees in order to pay for the intended improvements to the course. Joelen indicates
that it is typical for hotel guests to pay substantially more for greens fees than
local golfers. Both parties suggest a two-tiered fee schedule, with locals paying
significantly less that non-residents such as the hotel guests. No dollar amounts
have been suggested.
5. Restaurant Parcel DisDosition: The 4-acre parcel which would be necessary for
the development of the hotel is currently leased to American Golf. American Golf
would have to revert the lease back to the City for the City to lease or sell the
parcal to the developp,r. American Golf is willing to consider doing so if all parties
can coma to terms on all the issuas and if the hotel can incorporate a pro shop,
offica space, and cart storage (rent-free to American Golf). The developer is
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Meeting Date 04/23/96
willing to design those components into the hotel, but is not prepared at this time
to agree to providing them at no cost.
6. Citv/American Golf lease: The golf course lease with American Golf has a term
of thirty years, which means that it will expire in 2016. American Golf's initial
position is that in order to consider funding the $2.5-$3 million in improvements,
the following would be required: golf course lease term concurrent with hotel
lease term, not to be less than 50 years; complete control over rates and policies
at the facility; lower percentage rents for the first ten years of the renegotiated
lease in order to obtain the necessary return on investment. The Director of Parks
and Recreation has the following reactions: a fjfty-year lease is unrealistic and not
warranted; American Golf should not be in control of fee-setting, and it would
result in "skyrocketing" green fees; a re~uction in percentage rents to the City
from American golf would not be justified and would come at a difficult financial
time for the City.
These issues are substantial and will require much attention. However, staff feels that it is
appropriate for the parties to negotiate these issues during the period of the ENA. Further, the
negotiation of these issues will be given top priority from the inception of the ENA period. An
important component of the staff analysis will be a comparison of total anticipated revenues
to be derived from the hotel development and golf course lease reconfiguration to the revenues
to be derived from the existing golf course lease arrangements.
Other Interest in Parcels
Since the Council directed staff to return with the recommended ENA, several parties have
expressed interest in developing one or both of the City parcels. All of the other interest has
been in commercial retail development.
One of the interested parties, Retail Properties Group (RPG), made a presentation to the
Council at the March 1995 meeting at which the Council directed staff to return with the ENA.
RPG still expresses interest in buying the 3-acre parcel for $800,OOOand developing a 40,000
square foot shopping center that could include such tenants as Boney's Market, Trader Joe's,
Brueger's Bagels, Boston Market, The Juice Club, Super Crown Books, Starbuck's Coffee, and
the Soup Plantation. RSG also expresses willingness to plan its shopping center around both
parcels, include area for golf pro shop, clubhouse, golf cart housing, and create a golf theme
for the center. RSG's proposal is included as Attachment G for the Council's information.
The interested parties that are known to staff have been made aware of the Council's
consideration of this issue on tonight's agenda. Several have expressed interest in addressing
the Council.
Exclusive NeGotiatina Aareement
In March of 1995, the Council directed staff to return to the Council with a 24-month ENA,
in order to allow the developer the time necessary to secure financing in the recovering hotel
financing market. The presentation of that ENA has befon substantially delayed due to the
developer's need to focus attention on the complicated business homes project and difficulty
in drafting the ENA. Fortuitously, during the period of delay, the developer has made
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Page 9, Item {3>
Meeting Date 04/23/96
substantial progress in identifying potential financing opportunities in e merket which is
recovering more repidly than anticipated. As e result, end as evidenced by the attached letter
frQm Joelen Enterprises (Attachment n, the developer no longer feels that 24 months is
necessary and has requested a 1 2-month agreement, with an option to extend the agreement
by 180 days if the developer can document that they have made substantial progress but have
not been able to finalize due to circumstances beyond their control. Therefore, the
recommended ENA would provide the developer 1 2 months to enter into a disposition and
development agreement for the lease or purchase of the City-owned vacant parcel ("City
Parcel" I and the City-owned parcel leased to American golf ("Resteurant Parcel") and for the
development of an approximately 250-room golf course resort hotel with golf shop,
restaurants, banquet and meeting facilities, and other amenities. During the 12-month
negotieting period, the developer would be required to complete the significant steps in project
design and land use and environmental approvals, demonstrate project financial feasibility, and
secure development financing. An option is provided for an extension of 180 days if the
developer demonstrates that substantial progress has been made and that the fact that a DDA
has not resulted is due to circumstances beyond the developer's control.
The following are key provisions of the agreement:
1. The project will encompass approximately 7 acres (3.1 -acre parcel and 4-acre parcel)
and will include a 250-unit hotel with golf pro shop, restaurant, banquet and meeting
facilities, swimming pool, spa, tennis courts, and visitor commerciel and retail floor erea.
2. The developer will either negotiate a performance lease agreement for the 7-acre site
with the City which is based on City participation in operating revenues of the hotel or
will negotiate a purchase of the site from the City. The option of a sale rather than a
lease is included in the exclusive negotiation agreement at the developer's request to
respond to the developer-perceived possibility that the only way to secure financing for
the project may be to obtain conventional financing, rather than bond financing, and
that conventional financing would require the developer to have fee ownership of the
property.
3. The City will negotiate with American Golf to retrieve control of the 4-acre parcel
currently leased to American Golf ("restaurant parcel"), so that the City can lease or sell
that parcel to the developer. If the City is unsuccessful in negotiating with American
Golf, the developer will negotiate with American Golf to obtain site control of the
Restaurant Parcel currently leased by the City to American Golf.
4. The developer will design a project which will minimize negative traffic impacts and will
provide for sufficient parking for the hotel, the golf course, and the users of the jogging
trail around the golf course, at the developer's cost.
5. It will be a priority that a plan will be developed which will assure that the golf course
will not be significantly impacted and that start times for the public and the hotel guests
will be coordinated, with a guaranteed number of golf start times reserved for the hotel.
The number of reserved start times for hotel guests need to be negotiated with
American Golf by the developer.
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Page 10, Item 1.3
Meeting Date 04/23/96
6. All costs and financial risks are the developer's, with the exception that the City will
entertain a proposal for financial assistance if the developer demonstrates the inability
of the project to realize a reasonable return.
7. The developer will complete the following sequential obligations within the following
time periods from the approval of the agreement. These are the milastones that the
Council directed be Included to keep the developer on track. All milestones are identified
below; the most important ones are balded:
a. Preliminary site plan
b. Deposit for Preliminary market feasibility anaiysis
c. Initial Study application and environmental cost deposit
d. Written analysis of City financial benefit
e. Master Plan and EIR information
f. GPA Amendment application
g. Rezone application
h. MOU with American Golf
Preliminary design plans
j. lender interest and equity investor interest letters
k. Public Bonita community forum on project
I. Design Review application
m. Deposit for Comprehensive feasibility study and pro forma
n. MOU with City on lease and DDA terms
o. Written conditional commitment of financing and equity
p. Oral and written progress reports to Council
6) days
60 days
90 days
150 days
150 days
1 50 days
150 days
150 days
1 BO days
180 days
180 days
240 days
240 days
300 days
365 days
Variable
8. City can terminate agreement if any of these benchmarks are missed. City will
contemplate not terminating agreement if the developer misses conditional financing and
equity commitment deadline (365 days). but only if developer deposits non-refundable
$100,OOOwith City. Deposit will be applicable to lease payments or purchase cost if
a transaction is consummated.
9. The City will contract with expert third-party consultants to provide the preliminary
market feasibility analysis and the comprehensive feasibility study, to be delivered
respectively at the 150th day and the 300th day from the execution of the ENA, and to
be funded by a deposit account provided by the developer.
10. City will assist developer with EIR and land use processing (with developer bearing all
customary processing costs), estimation of fees, and negotiation with American Golf.
11. Either party can terminate agreement after due process for impasse, and breach. There
is a provision for cure periods up to ninety days after a performance milestone deadline
is missed.
City Attorney Concerns Over Form of ENA.
Earlier drafts of the F.NA included three provisions which were recommended by the City
Attorney's Office but are strongly objected to by the Developer. After much dialogue over
those provisions, it has not been possible to arrive at a consensus over any specific language,
and the Developer has requested that the issues be carried forward to the Council. The
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Page 11, Item /3
Meeting Date 04/23/96
Developer has indicated that it is necessary at this time to finalize the ENA in order to justify
continuing their efforts on the proposal. It is staff's estimation that additional negotiation on
the staff/City Attorney/developer level will not be fruitful in resolving the disputed language.
The following section discusses the City Attorney's concerns regarding the disputed
provisions, the Developer's objections, and the staff position.
1. Citv's Riaht to Receive Other ProDosals.
The City Attorney's Office recommends that the ENA include a provision whereby the City
would expressly reserve the right during the exclusive negotiations period to receive and
submit, for informational purposes only, alternative proposals for the development and/or
purchase of the site. To address the Developer's initial concerns over this provision, wording
was added which clarified that the City would consider such alternative proposals only in open
session and would not negotiate with the alternative project proponents.
The Developer subsequently objected to this Section because they thought that it would cause
concerns to potential project lenders. The Developer feels that it is not appropriate during the
ENA for the Council to be receiving any information regarding alternative proposals
Staff feels that this provision is too limiting and is unnecessary since City staff should have
the right at any time to present alternative proposals to the Council for information whether
or not express language reserving this right were included in the ENA, and this presentation
of information should not be limited just to open session. Under existing language in the ENA,
the City agrees not to neaotiate with other potential developers; it does not agree to not
receive or evaluate alternative project proposals or terms.
The City Attorney's office has an additional concern about this issue that will be conveyed to
the Council in a separate memorandum.
For discussion purposes, the language recommended by the City Attorney has been included
in the ENA (Section IV). It is underlined for quick identification, and the reference within it to
open session discussion only has been bracketed.
2. Citv's 'Walk-awav' Riaht Due to Proiect Infeasibilitv.
The City Attorney's Office originally recommended that the ENA include a provision. whereby
the City would reserve the right to terminate the ENA in the event that the City determined
that the proposed hotel project was not economically feasible. To address developers'
concerns regarding the broad nature of this termination right, the City Attorney's Office agreed
to add wording to this provision which clarified that the City must exercise such e right
reasonably and in good faith, and only based upon objective third party analysis of the project.
The developers subsequently objected to this Section because of continuing concerns over its
broad nature and the concerns they thought that it would cause to potential project lenders.
The City Attorney's Office would like to retain the City's express right to terminate the ENA
due to the City's determination of economic infeasibility. This is a standard provision in the
City's form ENA, and, in the City Attorney's opinion, one that is particularly applicable to
medium or long term ENA's regarding projects, like hotels, where the feasibility is not at all
1.3 - If
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. RESOLUTION
/3':U'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN CITY OF
CHULA VISTA AND JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT ON
CITY-OWNED PROPERTY
.
WHEREAS, the City owns a 3. 1-acre parcel la portion of APN #593-31-32) adjacent
to the Chula Vista Golf Course that is vacant and available for development and a 4-acre
contiguous parcel IAPN #593-31-31) that is developed with a restaurant, golf course
associated uses, and a parking lot that is laased to American Golf Corporation and could
become available for development; and,
WHEREAS, Joelen Enterprises has submitted a proposal to the City to lease or
purchase the subject City-owned parcels to develop an approximately 250-room luxury golf
resort hotel; and,
WHEREAS, the City desires to negotiate with Joelen Enterprises regarding the
proposal to lease or purchase the subject parcels to develop the hotel; and,
WHEREAS, an Exclusive Negotiating Agreement Between City of Chula Vista and
Joelen Enterprises for Hotel Development, a copy of which is on file in the Office of the City
Clerk known as document , has been prepared which will govern the
negotiation between the City and Joelen Enterprises regarding the hotel proposal including la)
the preparation of a projection definition for CEOA purposes, Ib) the determination of project
feasibility, and (c) the preparation of a Disposition and Development Agreement and/or related
documents to present to the City Council for its consideration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve as follows:
1. The Exclusive Negotiating Agreement Between City of Chula Vista and Joelen
Enterprises for Hotel Development is hereby approved in the form presented.
2. The Mayor is hereby authorized and directed to execute same.
APPROVED AS TO FORM BY:
"ftJfL
hris Salomone
Community Develo
IBBIC:IWP51ICOUNCILIRESOSIHOTELENA.RESJ
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Exclusive Negotiating Agreement Between
City of Chula Vista and
Joelen Enterprises for Hotel Development
This egreement ("Agreement") is entered into this deyof ,
1996, for the purposes of reference only, and effective as of the date last executed by the
parties, by and between the City of Chula Vista, California, a political subdivision of the
State of Celifornia, ("City"I, and Joelen Enterprises, a California General Partnership,
whose general partners, and their addresses, are set forth in IB below and incorporated
herein by reference ("Developer"),
This Agreement is made with reference to the following facts:
Whereas, the City and Developer entered into an agreement ("Original Agreement")
entitled "Exclusive Negotiating Agreement Between City of Chula Vista and Joelen
Enterprises for Hotel Development", executed as of November 26, 1991 by City; and,
Whereas, on or about June 2, 1992, the parties extended the Initial Negotiating
Period, as therein defined, to November, 1992 by the first amendment to said Original
Agreement ("First Amendment") entitled "First Amendment to Exclusive Negotiating
Agreement Between City of Chula Vista and Joelen Enterprises for Hotel Development";
and,
Whereas, the "Originel Agreement" and the "First Amendment" have expired and no
longer have eny force of effect; and,
Whereas, the parties now desire to renew negotiations regarding hotel development.
NOW, THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOLLOWS:
I. Parties
A. Nature and Offices of the Developer ..
Developer is Joelen Enterprises, a California General Pertnership. The principal
office of the Developer for purposes of this Agreement is:
4000 Coronado Bay Road
Coronado, CA 9211 B
1. Developer's Representatives,
Developer has designated the following person or persons who will negotiate
the Disposition and Development Agreement with the City and who will
engage in the activities necessary to determine the feasibility of the
development of the Site:
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April 17, 1996
Exclusive Negotieting Agreement
Page 1
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Josef A. and Lenore S. Citron
P. Craige Citron
Brian Seltzer (or other counsel as designated)
B. City's Offices and Representatives.
The principal office of City for purposes of this Agreement is:
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
(619)691-5047
1. City's Representatives.
City has designated the following person or persons who will negotiate the
Disposition and Development Agreement with the Developer and who will
engage in the activities necessary to determine the feasibilitY' of the
development of the Site:
Chris Salomone, Community Development Director
David Gustafson, Assistant Community Development Director
II. Definitions and References
A. Site:
The site which is the subject matter of this Agreement is approximately seven
acres of land identified as follows ("Site"':
1 . A portion of San Diego County Assessor Parcel No. 593-31-32, owned by the
City of Chula Vista, consisting of approximately three acres in a configuration
shown on the attached Exhibit A ("City Parcel")
2. Four acres of land owned by the City of Chula Vista and leased to American
Golf Corporation for purposes of operating the restaurant, banquet facility and
pro shop at the Chula Vista Municipal Golf Course ("Restaurant Parcel") in the
configuration shown on the attached Exhibit B.
B. Project:
The Project as referred to herein shall mean development of the Site with an
approximately 250-room hotel and associated golf shop, restaurant, banquet and
meeting facilities, swimming pool, spa, tennis courts, visitor commercial and retail
floor area ("Project").
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April 17, 1996
Exclusive Negotiating Agreement
Page 2
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III. Negotiations
A. Negotiation Period
The term of this Agreement ("Term") shall commence as of the effective date
hereof, and shall conclude on the date falling one year after the date of City
Council approval hereof. Notwithstanding the foregoing, if the following terms
end conditions are satisfied, the City, by resolution of the City Council, may grant
a six month extension of the Term: (a) Developer shall submit to City a written
request for such extension at least 30 days prior to the expiration of the Term; (b)
during the 30 day period leading up to the end of the Term, the Developer shall
establish, to the City's reasonable satisfaction Ii) that Developer's failure to
perform all of its obligations during the initial Term was due to circumstances
reasonably beyond Developer's control, and Iii) that Developer will be able to
complete its obligations under the Agreement within the proposed six month
extension period; and (c) the City determines, in its sole discretion, that the
Developer has substantially performed its obligations pursuant to Section III.D
hereof. Such one year term, as it may be extended as provided ryerein above, may
be subject to further extension in accordance with the provisions Section III.E
hereof, or early termination in accordance with the terms of Section V hereof.
B. Duty of Staff and Developer to Negotiate DDA
During the "Negotiation Period" as herein defined, Staff of the City ("Staff") and
Developer shall negotiate diligently and in good faith to prepare a "project
definition" for CEOA purposes, to determine project feasibility and to prepare an
implementation plan, including an agreement ("Disposition and Development
Agreement", or alternatively "DDA"' implementing the "Project" to present to the
City for City Council consideration and approval, as they deem appropriate, after
appropriate CEOA review, which DDA shall, among other things, address the
basic issues and requirements listed below.
The items listed below shall be negotiated in good faith between Staff of the City
and Developer. Failure by the Developer or City staff to negotiate towards the
resolution of these items shall constitute breach of good faith negotiation~.
1. Restaurant Parcel Control.
Site control sufficient to permit the construction and occupancy of the Project
over and upon the Restaurant Parcel, which meets the development objectives
as delineated in Number B. 3 below; the City, as landlord of the Restaurant
Parcel, will negotiate in good faith with the lessee of the Restaurant Parcel,
American Golf, to regain site control of the Restaurant Parcel in order to be
able to negotiate the provision of site control of the Restaurant Parcel to the
Developer; if the negotiations between the City and American Golf are not
DGIDisk#8A IJoelen 10. wp
April 17. 1996
Exclusive Negotiating Agreement
Page 3
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successful, the Developer will negotiate in good faith with American Golf to
obtain site control of the Restaurant Parcel.
2. Restaurant Parcel and City Parcel Lease Agreement or
Purchase Agreement
A lease agreement which commits the. Developer to lease Restaurant Parcel
and City Parcel from the City; and commits Developer to pay an amount
based on operating revenues of Project to the City, including a minimum rent
payment; or, in the City's sole discretion, a purchase agreement which
commits the Developer to purchase the Restaurant Parcel and the City Parcel
from the City.
3. Development of the Site.
A commitment from the Developer to improve the Site with the Project in a
form as approved by the City Council ("Approved Development") which
incorporates, at a minimum, the following:
a. An approved Master Plan for. the seven (7) acres currently constituted of
City Parcel and Restaurant Parcel.
b. Compliance with design standards as determined by Staff, the City's
Design Review Board, and the City Council.
c. A design that minimizes, to the extent possible, the traffic circulation and
parking problems that the Approved Development can be expected to
produce.
d. Public parking sufficient for the Project, as well as for the golf course and
for continued use of the jogging trail that circumscribes the golf course.
4. A plan for clearly defining and addressing the impact of the Project on existing
use of the golf course; specifically, on the coordinated availability of golf
starting times for the public and for hotel guest. Both parties acknowledge
that it is essential for the success of the Project and for the continuing
successful operation of the municipal golf course that the Project be
guaranteed a minimum number of hotel guest golf start times by Ame.rican
Golf and that reasonable access to start times be preserved for the general
public. It is further acknowledged by both parties that the plan for defining
golf course impact is a priority and should be accomplished at the earliest
possible time.
5. Schedule of Performance.
A schedule prepared jointly with the City Staff for the accomplishment of
identifiable developmental milestones relating to project implementation,
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Exclusive Negotiating Agreement
Page 4
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including evidence of financing, environmental reviews or compliance and
other milestones.
C. Financial Feasibility and Economic Risk.
Both parties shall use the Negotiation Period to estimate total project costs in
order to determine the economic feasibility.of the proposed project. It is
understood that the Developer absorbs all economic risks associated with the
completion of the Project. Thus, unless excepted expressly hereinbelow, it is the
intention of the Parties that Developer shall pay the full cost of all improvements
to be constructed on the seven (71 acre Site and the cost of all normal City fees
and permits applicable to completion of the proposed improvements. The parties
agree and acknowledge that it is the intent of the perties that, except es expressly
noted herein, all Project costs, including but not limited to the lease or acquisition
of the Site, relocation costs, design, construction and development of all on-Site
and oft-Site public and private improvements, appraisal fees, environmental and
other consultant fees, customary processing fees, whether incurred by Developer
or City shall be the responsibility of the Developer.
Notwithstanding the above, at such time as Developer can demonstrate that they
are unable to generate a reasonable return based upon extraordinary public
improvement costs, the City may entertain a proposal for financial assistance for
such improvements, such assistance to be evaluated and addressed within the
content of the negotiated lease agreement and DDA. It is also understood that in
the event either party is unable to reach agreement on the DDA terms and
conditions, including a request for City assistance, and following good faith ne-
gotiations, either party may terminate this agreement.
D. Developer Obligations During the Negotiation Period.
During the Negotiation Period, Developer shall, at his own cost and expense, and
without right to reimbursement upon termination as herein provided, perform the
following obligations by the stated date. For the purposes of this section, time is
of the essence.
Obliaation
ComDletion
1. Developer shall submit a preliminary site plan for the
project.
Within sixty (601 days
of effective date of this
agreement.
2. Developer shall submit to the City on deposit account
the full funds necessary to contract for an expert third
party consultant acceptable to both the City and the
Developer to conduct e preliminary market feesibility
Within sixty (601 deys
of the effective date of
this agreement.
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Exclusive Negotiating Agreement
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analysis of the proposed project. Developer shall
immediately, and subsequently as necessary, provide
to consultant all information necessary for consultant
to conduct analysis and provide to City conclusions
regarding the suitability of the site, current market
demand, supportable guest rooms and probable
occupancy and supportable average room rates.
3. Developer shall submit an Initial Study Application to
the City and post the required deposit to cause
Environmental Review of the Project, and bear the full
cost of the environmental review of the project. .
4. Developer shall submit a written analysis of projected
City financial benefit from the Project to be derived
from the conclusions of the preliminary market
feasibility study, pro forma analysis, and conceptual
Site lease or Site purchase terms.
5. Developer shall submit Master Plan ("Master Plan") and
associated information to the City which is sufficient
for the preparation of a project EIR and acceptable to
(but not approved by) the applicable City department
directors.
6. Developer shall submit an application for an
amendment to the General Plan in a form that provides
for consistency of the Project to the General Plan by
the date adjacent hereto, and the City-required deposit
therefor, and shall thereafter diligently prosecute the
amendment.
7. Developer shall submit an application for the rezoning
of the Restaurant Parcel as Visitor Commercial, or such
other designation or land use permit required by the
City, and the City-required deposit therefor, by the date
adjacent hereto, and shall thereafter diligently
prosecute said application.
8. Developer shall enter into a Memorandum of
Understanding (MOUI with American Golf. This MOU
shall describe and determine the involvement, role,
monetary position and contribution of American Golf in
the Project.
9. Developer shall submit preliminary design plans for the
Project, acceptable to, but not approved by, the
DGIDisk#8AIJoelen 1 O.wp
April 17, 1996
+3 - .)-. c)-
Within ninety (90) days
of effective date of this
agreement
Within one hundred-
fifty (150) days of
effective date of this
agreement.
Within one hundred-
fifty (150) days of
effective date of this
agreement
Within one hundred-
fifty (150) days of
effective date of this
agreement.
Within one hundred-
fifty (150) days of the
effective date of this
document
Within one hundred-
fifty (150) days of the
effective date of this
agreement
Within one hundred-
eighty (180) days of
Exclusive Negotiating Agreement
Page 6
/1-:3 71
Planning Director, to be used in association with the effective date of this
processing of the General Plan Amendment and the agreement
rezoning.
10. Developer shall submit from a lender or lenders Within one hundred-
acceptable to the City written evidence of interest in eighty (1 80) days of
providing the debt financing necessary for the hotel the effective date of
development and written evidence from equity this agreement
providers of interest in providing equity for the hotel
development. lender written evidence shall include
lender's basic underwriting standards for hotel
financing.
11. Developer shall conduct a public forum on the Project Within one hundred-
in the Bonita community which is publicly noticed in a eighty (180) days of
form acceptable to the City and which provides the the effective date of
community with information on the design and this agreement
character of the Project.
12. Developer shall submit a complete application for Within two hundred-
Design Review of the Project, acceptable to, but not forty (240) days of the
approved by, the Planning Director, and the City- effective date of this
required deposit therefor, and shall thereafter diligently agreement
prosecute said application.
13. Developer shall submit to the City on deposit account Within two hundred-
the full funds necessary to contract for an expert third forty (240) days of the
party consultant acceptable to both the City and the effective date of this
Developer to conduct a comprehensive project agreement
feasibility study. Developer shall provide to consultant
all information necessary for consultant to conduct
analysis and provide to City expert opinion of
feasibility of project, a pro forma analysis of project
costs, revenues and cash flow, and an analysis of
projected revenues to the City from the hotel
development and the associated ground lease, if any.
14. If City so requires, Developer shall enter into Within three hundred
Memorandum of Understanding with City expressing in (300) days of the
concept the business terms of the proposed ground effective date of this
lease and the Disposition and Development Agreement agreement
15 Developer shall submit from a lender acceptable to the Within three hundred
City written conditional commitment to provide the sixty-five (365) days of
debt financing necessary for the hotel development, the effective date of
and from an equity investor or investors acceptable to this agreement.
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Exclusive Negotiating Agreament
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the City written conditional commitment to provide
equity for the hotel development.
16. As requested by the City. from time to time, the
Developer agrees to make periodic oral progress reports
and periodic written repol1s advising the City on all
matters and all studies. All such matters shall be
deemed to be the joint property of City and Developer.
and may be used by either Party without
reimbursement to the other
Variable
E. Developer's failure to meet the above-referenced benchmarks shall constitute a
material breach of the agreement and shall subject the Agreement to termination by
the City in accordance with Section V. B hereof. Notwithstanding the above, if the
Developer fails to comply with the completion date for Obligation III,D.15, the City
and the Developer may. but shall not be required to, mutually agree to not terminate
this agreement and to extend the completion date of Obligation III, D, 15 to a specific
date if the Developer deposits with the City, on or before the completion date for
Obligation III.D, 15, the sum of $100.000. which deposit shall be non-refundable. but
shall be credited toward the Developer's lease payments in the event that a
disposition and development agreement results from negotiations which culminates in
the lease of the City Parcel and Restaurant Parcel.
Failure of the developer to meet the timeframes due to matters beyond their control
and lor to a determination of project infeasibility resulting in termination of this
agreement shall not constitute failure to negotiate in good faith.
F. City Obligations During the Negotiation Period.
1, During the Term of this Agreement, City shall, at its own cost and expense land
without right to reimbursement upon termination as herein provided) perform the
following obligations:
a. Assist Developer in all discussions and negotiations with American Golf. the
subjects of discussion and negotiation being City site control of the
Restaurant Parcel, a minimum level of investment by American Golf in
upgrading the golf course, and a guaranteed minimum number of reserved golt
start times for hotel guests.
b. Explore and consider in good faith the issuance of taxable municipal revenue
bonds for the debt-financing of the Project.
c. Generally coordinate the EIR process.
d. Work with Developer to determine all non-traffic. on-Site and off-Site public
improvements and utilities and other fees. conditions, improvements or
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April 17. 1996
Exclusive Negotiating Agreement
Page 8
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J.3- J.d-:.
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obligations required to accommodate the proposed Project and to insure the
compatibility of the Proposed Project with the City zoning and General Plan
requirements.
e. Assist Developer in establishing and periodically updating a schedule of all
discretionary and ministerial permits, review and approvals.
f. Assist Developer in establishing an estimate for all fees and exactions to be
paid by the Project.
Notwithstanding the foregoing, Developer shall be solely responsible for payment
of any and ell customary City staff and consultant costs incurred by City in
connection with processing the EIR or development permits for the Project.
2. During the Term of this Agreement, subject to Developer's satisfaction of its
obligations pursuant to Sections III. D. 2 and III. D. 13 hereof, City shall, at the
sole cost of the Developer, perform the following functions:
a. Solicit, select, and contract with an expert third-party consultant, ecceptable
to City and Developer, to provide a oreliminarv market feasibilitv analvsis of
the proposed Project, said consultant to provide to City conclusions regarding
the suitability of the Site, current market demand, supportable guest rooms,
and probable occupancy and supportable average room rates, provided that
Developer has deposited with City full estimated cost of contract for
oreliminarv market feasibilitv analvsis.
b. Solicit, select, and contract with an expert third-party consultant, acceptable
to City and Developer, to provide a comorehensive oroiect feasibilitv studv of
the proposed Project, said consultant to provide to City an expert opinion of
the feasibility of the Project, a pro forma analysis of the projected revenues to
the City from the hotel development and the associated lease, if any, provided
that Developer has deposited with City full estimated cost of contract for
comorehensive oroiect feasibilitv studv.
IV. Exclusive Nature of Agreement.
DGIDisk#8A IJoelen 1 O. wp
April 17, 1996
Exclusive Negotiating Agreement
pege 9
--I 3 - ;;L.3
/9~'i;L
Proiect. The City shall notify DeveloDer UDon the receiDt of anv such alternate
develoDment orooosal.
.
V. Conditions for Termination of ENA
A. Termination Due to Impasse
, twithstanding the Negotiating Period herein above set forth, either party may
ter inate this agreement without breach 0 written notification to the other party
of in nt to terminate after a sixty (601- day riod, sent by registered mail, return
receip requested, if it reaso,nably determines t t it has, despite the exercise of
good fai ,not been able to reach agreement on e terms and conditions for a
Dispositio and Developrpimt Agreement ("Reason Ie Impasse Determination").
If the City det!vers suc!)- written notification, then De loper shall have the right to
require that bO\h pa~ies engage in additional, material d faith negotiations
during that 60-day p'eriod utilizing, if agreed upon by the pies, in their sole
discretion, a mut~!!y agread upon third party facilitat ,wh ~s no power to
issue orders or bind.' ~
F r ur 0 f hi me
R a on I 1m as e in
h r vi r i e m'l r urn i u I n fin I
offer of basic business terms fOr the lease or other disDosition of the Site and the
develoDment of the Proiect. and the receivino Dartv fails to comDletelv acceDt or
fails to resDond to such offer bv the date fallina 30 days after its receiDt thereof.
B. Termination Due to Breach
Notwithstanding the nominal Negotiating Period herein above set forth, either
party may terminate this agreement if the other Party has materially defaulted in
its obligations herein set forth, and the terminating Party has provided defaulting
Party with written notification of such determination. sent by registered mail,
return receipt requested, and the defaulting Party fails to cure such default as
provided below. The written notification shall set forth the nature of the actions
required to cure such default if curable. Defaulting Party shall have sixty (60)
days from the date of the written notification to cure such default. If such default
is not cured within the sixty (601-day period, the termination shall be deemed
effective. unless the defaulting party requests, by written notice delivered in the
same manner as the default notice as described above, and the terminating party
grants at its reasonable discretion, a thirty (30)-day extension to the deadline for
curing the noticed default on the basis of extraordinary circumstances. If the
subject default is not reasonably susceptible of curing within such initial sixty (60)
day period and if, but only if, Developer has commenced and is continuing to
diligently pursue the curing of the same, then in addition to said optional addition
30-day period, Developer shall first have the right to an additional thirty (30) day
DGIDisk#8AIJoelen10.wp Exclusive Negotiating Agreement
Apri11?,1996 Page 10
~ /,9- 11';7
period to cure. For purposes of this paragraph, the parties hereby acknowledge
that time is of the essence.
VI. City Public Hearing.
If the negotiations culminate in an agreement between the Staff and Developer as to the
terms for a Disposition and Development Agreement, which is signed by Developer, such
an agreement shall be deemed to be an irrevocable offer to the City to contract on the
terms of the DDA for a period therein provided for, but at least 60 days, but shall not
become obligatory upon the City or become effective until after the agreement has been
considered and approved by the City after such public hearings and such procedures as are
prescribed by law. The City reserves the right to reject or approve, in its sole and
unfenered discretion, any proposed MOU or DDA; a City rejection of any proposed MOU or
DDA shall not be a violation of the City's good faith negotiation obligations hereunder.
VII. Real Estate Commissions
The City shall not be liable for any real estate commission or brokerage fees which may
arise herefrom. The City represents that it has engaged no broker, agent or finder in
connection with this transaction, and the Developer agrees to hold the City harmless from
any claim by any broker, agent or finder retained by Developer.
VIII. Execution of this Agreement.
By its execution of this Agreement, the City is not agreeing to undertake any activity
including but not limited to the approval and execution of a Disposition and Development
Agreement; the proposal, amendment, or approval of any land use regulation governing the
Site; the provision of financial assistance for the development of any public or private
improvement pertaining to the Site; the acquisition of any fee interest or leasehold interest
in real property; the authorization or obligation to use the City's eminent domain authority;
or, any other activity requiring the subsequent exercise of discretion by the City, or any
agency or department thereof.
This Agreement does not constitute a disposition of property or exercise of control over
property by the City and does not require a public hearing. City execution of this
Agreement is merely an agreement to enter into a period of exclusive negotiations
according to the terms hereof, reserving final discretion and approval by the City as to any
Environmental Impact Report, proposed Disposition and Development Agreement and all
proceedings and decisions in connection therewith. This agreement conveys no property
right, and shall not be recorded.
lEnd of Page. Next Page is Signature Page to Exclusive Negotiating Agreement
Between City of Chula Vista and Joelen Enterprises for Hotel Development)
DG\Disk#8A\Joelen 1 O.wp
April 17, 1996
Exclusive Negotieting Agreement
Pege 11
/f-Y'l
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date set forth adjacent thereto, thereby indicating the consent of their principals.
Dated:
CITY OF CHULA VISTA
By:
Shirley Horton, its Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form and content:
Bruce M. Boogaard, City Attorney
Dated:
JOELEN ENTERPRISES
a California General Partnership
By:
Josef Citron, General Partner
By:
Lenore Citron, General Partner
Endnotes:
IJoeII1n 10J
DG\Disk#8A \Joelen 1 O. wp
April 17, 1996
Exclusive Negotiating Agreement
Page 1 2
f3 -).~
/9-:l~
ITEM 13
ATTACHMENT "A"
Economic Development Commission
-4-
December 4, 1991
H.
Special Events - Don Read - No report given.
.
4. UAISON REPORTS
A. Bayfront Task Force - William Tuchscher
Mr. Tucbsch.... presented a handout showing the most recent land ~ diagram on the Bayfront, specifica1ly showing
the Performing Arts Centec. On the 11th the Subcommittee will hold their last meeting. Will have an economic
analysis based on changes to the plan. It was decided to limit the number of residential units to a total of 1,000.
The total square footage of the units was left the same to encourage the developer to present a larger, higher-end
product. -
Ms. Allen asked if a study had been done in teems of the community having to subsidize this Center. If there is
no public support, the City will have another "white elephant" on their hands. Mr. Tucbscher responded that these
issues have been addressed and referred to the Cultural Arts Commission. A study is currently underway.
B. Auto Pari:: Ad Hoc Task Force - Mike Maslak
Mr. Maslak;:q,..rted that the task force will be presenting their final recommendations to the Planning Commission
this evening.
c. awnber Economic Development Committee - Mike Maslak
Mr. Maslak reported that he is now Vice President of the Chamber's EConomic Development Committee.
D. So. Co. Economic Development Council - Penny Allen
Ms. Allen reported the Council has met to go over goals and objectives to focus in on where they are going. She
will present the final report next month.
E. Otay Valley Road Project Area Committee - Patty Davis - No report given.
S. NEW BUSINESS
.. Bonita Hotel
....mo(ant ColIIIDIIIIity Development Director Gustafson updated the Commission on the report that will be given to
Council next week. The recommendation from staff was for Council to enter into an exclusive negotiation
agreement with the proposed developers of the hotel. Mr. Gustafson asked if the Commission was intecested in
having anyone attend the meeting and speak to Council.
Mr. Tucbscher left the table at this time, citing a conflict of i.nIerest in that he represents IOe1en Enlelprises and
American Golf, applicants of the project.
In response to Ms. Allen'. question, Mr. Gustafson clarified the wording of "fiscal impact" at the end of reports
prmrfed to Coancil. He DOted that the c.listincl;iOll is that the specific action Council would take, which would be
to Ipprove the agreement, would not have any significant i"'Pacts 011 the fiscal situation at that point If the project
developed along, then there would be income at a 1ater date.
~L
b.
~~ Quaro,rly Report to l.:Ouncil
/ /' -Ljj:
Vice Clair Compton asked CounciIman Moore when the quarterly report was due. Councilman Moore responded
that as long as the report was on a quarterly basis, Council and staff would be kept up to date on the Commission.
I
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/}11 AtJl N ~)J'T' C II
.
REQUEST FOR PROPOSALS
FOR DEVELOPtlENT AIJD PURCHASE OR LEASE OF REAL PROPERTY
ON 4400 BLOCK OF BONITA ROAD
~ j9~~-Y
.
REQUEST FOR PROPOSALS FOR REAL ESTATE DEVELOPMENT
BACKGROUND
The City Council of the 'City of Chula Vista is seeking proposals for the
development of vacant city-owned parcel of land comprising 3+ acres adjacent
to the Chula Vista Municipal Golf Course. The proposed land USes should blend
with and complement the existing restaurant/lounge and ~olf course uses.
The undeveloped property is bounded by the golf course on the north, Bonita
Road to the south, the Bonita Vista Condominiums on the west and the South Bay
Golf Club Restaurant on the 'east. The adjacent facilities to the east include
a completely furnished restaurant, lounge, and banquet hall total 1 ing
approximately 15,000 sq. ft. along with an improved parking lot. At present,
the res taurant is 1 eased by the Ci ty to the golf course operator (Ameri can
Golf Corporation) for a maximum term of 30 years. (The lease has
approximately twenty-six (26) years remaining.)
y /7'~r/c
REQUEST
I. PURPOSE A~D INSTRUCTIONS
A. The City of Chula Vista is seeking proposals for the long-term
lease or purchase and development of approximately 3.0 acre site
located on Bonita Road adjacent to the Chula Vista Municipal Golf
Course. The parcel is bounded by the South Bay Golf Club.
Restaurant on the east, Bonita Road on the south, Bonita Vista
condominiums on the west and the golf course on the north.
Because of the location of the property, selection of the
successful bidder will not be based solely on financial
considerations, but also on the quality of the proposed development
and the abi 1 i ty of the proposal to bl end in wi th the surroundi n9
area.
B. All proposals must include completion of City forms D and E
attached hereto.
C. All proposal s for the purchase or lease of the subject property
must be submHted no later than 5 p.m., August 3, 1990 (postmarks
are not accepted). The proposal shall be delivered in a sealed
envelope marked "Proposal for the lease/purchase of Real
Property." Bid documents or questions should be submitted to:
lance Abbott, Community Development Specialist
Community Development Department
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5047
D. Proposers are requested to submit the original and three (3) copies
of the proposal. Successful bidder may be required to submit
additional copies on request.
II. PROPERTY DESCRIPTION/INFORMATION
A. The subject property includes 3+ acres of land, . is within the
incorporated boundaries of" the Chy of Chula Vista, California,
Parcel 2 of Parcel Map 958 of Chul a Vi sta, Assessor's Parcel No.
593-240-24, and is located in the 4400 hundred block of Bonita Road
(see Attachments A and B)
B. The site is presently zoned C-V-P (visitor commercial). A copy of
the City of Chula Vista C-V-P zone requirements is attached (see
Attachment C).
Y J9-.5'Z;
C. The City is not walvlng any fees (such as development impact fees)
or other permit fees normally required as part of its development
process.
D. Prospective proposers are urged to contact the appropriate City
department for information concerning proposed development of the
property. The lessee/purchaser must be assured that the property
meets anticipated development needs/requirements as the City
assumes no responsibility therefor.
E. The information contained in this document regarding property"
description and location is believed to be accurate and correct.
However, the City of Chula Vista assumes no responsibility or
liability for its completeness or accuracy.
I I I. PROPOSAL
All proposals should include the following information:
A. The complete name and address of the individual, partnership and/or
corporation submitting the proposal.
B. Terms and condi ti ons of 1 ease payment/purchase pri ce which the
successful proposer will provide to the City.
C. A written statement and supporting conceptual plans describing
proposed land use, number and type of units, square feet of
commercial space by type, approximate building heights, a
preliminary site plan indicating landscape areas, parking,
circulation and access.
D. A statement of qualifications and resume of developer, including a
summary of similar completed projects, which may include up to five
photographs or color slides.
E. Projecti on of fi nanci al benefi ts to the City i nc1 uding the. number
and type of jobs that will be associated with the development and
any anticipated revenues to the City.
F. A proposed time table showing dates for negotiation, sale, plan
processing, and construction, along with evidence of financial
capability to complete the "project on time and according to plan.
G. A completed waiver indemnification agreement (Attachment 0).
H. A completed disclosure statement (Attachment E).
I. A completed statement of qualifications.
Y / f--- .5"/
J. Three (3) copies of the complete proposal must be provided.
Successful proposer may be required to submit additional copies on
request.
The preceding items should be numbered and submitted in the order
set forth in the RFP.
IV. QUALIFICATIONS
Potential buyers or lessees must satisfactorily demonstrate their
financial ability to purchase the subject property and construct the
proposed development.
V. SITE PLANNING
It is the intent of this proposal to encourage a project which maintains
the integrity of the existing community and neighborhood. Evaluation
criteria will include, but not be limited to consideration of:
A. '.1aintaining the integrity' of the adjacent developments and the
environmental quality of the Bonita area. This includes the
municipal golf course and the South Bay Golf Club Restaurant.
B. Providing a suitable easement for the relocation and continuation
of the existing jogging/equestrian path which currently traverses
the parcel, and accommodating existing sewer easement traversing
southwesterly corner of site.
C. Preferred land uses include the following:
1. High quality resort complex including restaurant/lounge and
limited related retail uses.
2.
Other uses which may, in the developers opinion,
better market opportunities including professional
residential apartments/condominiums or mixed uses.
provide
offices,
D. Land uses which will not be considered:
1. Retail strip commercial.
2. Uses such as a miniature gol f course, fun centers, water
slides, etc.
VI. ADDITIONAL INFO~1ATION
A. The successful proposer will be required to comply with all City of
Chula Vista and other local, state and federal requirements. It is
anticipated that the development process will include, but not be
1 imited to:
I
~
/7-__5::2.-
1. Environmental and design review
2. Grading, building permits, etc.
B. The bidder should expect to have access only to public reports and
. public files of the local government agency in preparing the
proposal. No compilation, tabulation, or analysis data, definition
or opinion, etc. should be anticipated from the City other than
those included in this document.
C. This Request for Proposals does not commit the City to accept any
proposal or to pay costs incurred in the preparation of the
proposal for this request. Further, the City reserves the right to:
Accept or reject any or all proposals received as a result of
th i s reques t.
To negotiate with any qualified source.
To cancel in part or entirely this Request for Proposal.
To require the proposer to participate in negotiations to
submit such price, technical or other revisions of their
proposal as may result from negotiations.
D. The City, through this Request for Proposals, is not waiving any
fees or permits normally required as part of its development
process.
E. The City reserves the ri ght to requi re a development agreement for
th is property.
VII. BID OPENING/SELECTION PROCESS
A. Bids/proposal s are to be submitted no later than 5 p.m., Friday,
August 3, 1990. Proposals wi 11 be checked to insure they are
complete and meet the minimum requirements of the City.
B. All bids/proposals will be further reviewed by a "selection panel"
established by the City. The panel will narrow acceptable bids
based on, but not limited t~, consideration of the following:
l. Lease or sale value
2. Proposed site plan
3. Compa t i b il ity of the proposed site plan with adjacent
developments
4. Compliance with the criteria included in the Request for
Proposal
5. The overall cost benefi t of the proposal
jf)-'
jf-:_5J
..-
C. Final ists may be invited to participate in a more in-depth review
and discussion of their proposal.
D. The final selection will be made by the City Council. The
successful proposer will have the right to enter into an exclusive
negotiation agreement for a period of up to six months for the
refinement, completion, and approval of plans arid approval of
financial terms and conditions. It is anticipated that a
development agreement and/or escrow will foll ow successfuT
completion of negotiations.
For further information, please contact Lance Abbott at (619) 691-5047.
WPC 4445H
~ /7~.51
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Sections:
19.38.010
19.38.020
19.38.030
19.38.040
19.38.050
19.38.060
19.38.070
19.38.080
19.38.090
19.38.100
19.38.110
19.38.120
19.38.130
19.38.140
19.38.150
Chapter 19.38
C-V - VISITOR COMMERCIAL ZONE
Attach.
C
-'
Purpose.
Pennitted uses.
Conditional uses.
Sign regulations.
Height regulations. .
Area, lot coverage and yard requirements.
Setbacks from residential zone-Parking and loading facilities. .
Landscaping.
Site plan and architectural approval.
Off-street parking and loading facilities.
Enclosures required for all uses-Exceptions.
Outdoor storage.
Wall requirements.
Trash storage areas.
Performance standards.
19.38.010 Purpose.
The purpose of the C-Y zone is to provide for areas in appropriate
locations where centers providing for the needs of tourists and travelers may
be established, maintained and protected. The regulations of this zone are
designed to encourage the provision of transient housing facilities,
restaurants, service stations and other activities providing for the
convenience, welfare or entertainment of the traveler. (Ord. 1212 ~ 1 (part),
1969: prior code ~ 33.510 (part).)
19.38.020 Permitted uses.
Principal permitted uses in the C-Y zone are as follows:
A. Hotels, motels and motor hotels, sUbject to the provisions of Section
19.58.210, with such incidental businesses to serve the customer or
patron, provided such Jncidental uses and businesses not otherwise
permitted in thi s zone sha 11 be opera ted in the same bui 1 di ng and in
conjunction with this permitted use;
8. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
O. Handicraft shops and workshops;
Eo Bona fi de anti que shops, but not inc 1 udi ng secondhand stores or junk
stores;
F. Thea ters;
G. Any other establishment serving visitors determined by the commission to
be of the same general character as the above permitted uses;
H. Accessory use and building customarily appurtenant to a permitted use and
satellite dish antenna in accordance with the provisions in Section
19.22.030F.I-9 and 11 through 13;
I. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
J. Agricultural uses as provided in Section 19.16.030.
(Ord. 2160 ~ .1 (part). 1986: Ord. 2108 ~ I (part) 1985: Ord. 1356 ~ 1 (part),
1969: Ord. 1212 ~ 1 (part), 1971: prior code ~ 33.510(8).)
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19.38.030 Conditional uses.
.'
The following uses may be permitted in the C-V -zone- subject to the
) issuance of a conditional use permit subject to the findings set forth in
Section 19.14.060:
A. Car washes, subject to the provisions of Section 19.~8.060;
B. Automobile service stations and towing service, sUbject to the provisions
of Section 19.58.280;
C. Bait and tackle shops, including ~arine sales, supplies and rentals;
D. Bars or ni ght c1 ubs (Dance floors sUbject to the provi sions of See ti on
19.58.115 and Chapter 5.26); _
L Commercial parking lots and parking garages, sub5ect to the provisions of
Sections 1~.62.010 through 19.62.130;
f. Commercial recreation facilities, subject to the conditions of Section
19.58.040, as follows:
1. Bowling alley,
2. Miniature golf course,
3. Billiard hall,
4. Skating rink;
G. Public stables, subject to the _prOV1Slons of SectiQn 19.58.310;
H. Artists' supply and materials stores;
I. Clothing sales (new);
J. Unclassified uses, See Chapter 19.54.
K. Roof-mounted satellite dish subject to the stanciards set forth in Section
19.30.040.
L Recycling collection centers, subject to the provisions of Section
19.58.340.
(()rd. 2273 ~ 6, 1988: Ord. 2252 ~ 6 (1988); 2233 ~ I; (1987); 2160 ~ 1 (parf),
1986: Ord.- 2108 ~ 1 (part), 1985: Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1
(part), 1969: prior code ~ 33.~10(C).)
19.38.040 Sign regulations.
See Sections 19.60.020 and 19.60.030 for permit requirement and approval
procedure.
A. Types of signs allowed: Business hJall anc1/or marquee and a freestanding
sign) subject to the following:
1. Wall and/or marquee: Each business shall be allowed a combined sign
area of one square foot per lineal foot of building frontage facing a
dedicated street or alley; however, the sign area may be increased to
a ....aximum of three square feet per -1 ineal foot (If bUilding frontage
provided the sign does not exceed fifty percent (If the background area
on which the sign is app1ied,-as set forth in Section 19.60.250.
Each business shall also be allowed signs facing on-site parking
areas for five cars or more and walkways ten feet or more in width.
Such signs may contain an area of one square foot per lineal foot of
bui 1 di ng frontage faci ng sa i d area; however, the area may be increased
to two square feet per 1 i nea 1 foot 0 f buil ding frontage provi ded the
sign does not exceed fifty percent of the background area on which the
sign is applied, as set forth in Section 19.60.250. The maxirr.um sign
area shall not exceed one hundred square feet;
2. Freestandino (pole): Each lot shall be allo~.'ed one freestanding sign
Subject to the following:
a. Signs are restricted to those lots having it l'1inimum frontaoe cf
one hundred feet on a dedicated street. In tbe case of C0rner
Jots or through Jots only one frontage shall he countec1.
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(R 9/88)
b. The sign may contain one square foot of arJ!a for "each lineal foot
of street frontage but shall not exceed one hundred fifty square
feet. In the case of corner lots or through lots, only the
frontage the sign is oriented to shall 'be counted toward the
allowable sign area,
c. Maximum height, thirty-five feet,
d. Minimum ground clearance, eight feet,
e. The sign may project a maximum of five feet into the publ ic
right-of-way,
f. The sign shall maintain a ten-foot setback from all interior
property lines,
g. Corner parcels containing five acres or more shall be allowed one
freestanding sign on each street frontage on a major or collector
street and shall be spaced at i nterva 1 s of not 1 ess than fi ve
hundred feet apart. Such signs shall not face the side of any
adjoining lot in an R district,
h. Only the name of the commercial complex and four tenant signs, or
a total of five tenant signs, may be displayed. on the sign. Where
the pole sign is used to identify the name of the complex or the
major tenant, the sign shall be designed to identify all proposed
tenants up to the maximum number allowed herein. The.minimum area
allocated for each tenant shall be not less than ten square feet,
i. Freestanding pole signs less than eight feet in height are
restricted to a maximum sign area of fifteen square feet and shall
maintain a minimum setback of five feet from all streets;
3. Ground (monument): A low profile ground sign may be used in lieu of a
freestanding pole sign. The sign shall be subject to the following:
a. Maximum height, eight feet,
b. Maximum sign area, fifty square feet,
c. The sign shall maintain a minimum setback of five feet from all
streets and ten feet from all interior property lines,
d. The sign structure shall be designed to be architecturally
compatible with the main building and constructed with the same or
similar materials.
B. Other signs: See.Chapter 19.60 for the following signs: Window (Section
19.60.270); canopy (Section 19.60.280); temporary construction (Section
19.60.290); temporary promotional (Section 19.60.300); public and
quasi-public (Section 19.60.310); sign boards and buildings (Section
19.60.330); directional (Section -19.60.340); warnjng and instructional
(Section 19.60.350); service station price signS". (Section 19.60.360);
directory (Section 19.66.370); real estate (Section 19.60.380);
unclassified uses (Section 19.60.400); signs on mansard roofs (Section
19.60.410); signs on pitched roofs (Section 19.60.420); business (Section
19.60.430); signs on architectural appendages (Section 19.60.440); and
theater marquee (Section 19.60.450);
1. Signs on screening walls or fences: In lieu of a freestanding sign, a
sign may be applied to a wall or fence used for screening of parking
areas. The sign shall be subject to the following:
a. The sign may only denote the name of the principal business or the
name of the commercial complex,
b. f1aximum sign area, twenty-five square feet.
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Other regulations: All signs are subject to the regulations ,of, sections
19.60.040 through 'l9'.:60:'130.vand' the' standards of ~ections, 1.9.60..140
through 19.60.210. ,"~' " .... ..' _._.. ._.
Nonconforming signs: See Sections 19.60.090 through 19.60.120:" ........... '"
The design revie\;t~<:ommittee may- 'reduce':s'fg'n' areas below those"autho'riied"
above based onthe-"sign' giJideline-s and criteria contained in the design
manual. COrd. 2309A'"S 9',,1989: Ord. 1575 S 1 (part),1974: Ord. 1356 S 1
(part), 1971:: O~~. 1..~1} ~'~ (p~r~),': 1969:~ prior code ~ 33.51?(D).1.
o.
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19.38.050 Height regulations. _ .
No building or,' structure shall exceed three and one:half s,tories or
forty-five feet.in h'efght :exc:-e'pt 3$ "p;.ovided.in Sect}on 1.9.16.040;.provided
however. that sai d "']-.imftatH'-n niciy' be adjusted by condi tional use permit;
(Ord. 1356 S 1 (partt~ '1971: .Ord: 1212 S'l (part)~ 1969: pr.ior. code.,~
33.510(E).) ,.,.. .
19.38.060 Area, lot coverage and yard requirements.
The following minimum area, lot coverage and yard requirements shall be
observed. except as provided in Sections 19.16.020 a'nd 19.16.060 through
19.16.080 and where increased as determined by the issuance of a conditional
use permi t:
lot Area
(Sq. Ft.)
10,000
lot
Coverage
(Max. :)
40
Rear
Ten feet except
when abutting an
R district, then
not less than
twenty-five feet;
none when
abutting a side
yard wi th no
side yard
requirement.
Yards
Exterior
Side Yard
10* for
buildings
in Feet
Front
20* for
buil di ngs
o for
signs
Side
None, except when
abutting an
R district, then
not 1 ess than
twenty-five feet
o for
signs
*or not less than that specified on the building line map shall be provided
and maintained. The setback requirements shown on the adopted bui1 ding 1 ine
map for Chu1 a Vi s ta shall take precedence over the setbacks requi red in the
zoning district.
(Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~
33. 51O(F). )
19.38.070 Setbacks from residential zone-Parking and loading facilities.
In any C-V zone directly across a street or thoroughfare (excluding a
freeway) from any R zone, the parking and loading facilities shall be distant
at least ten feet from said street and the buildings and structures at least
twenty feet from said streets. (Ord. 1212 ~ 1 (part), 1969: prior code
5 33.510(G)(l}.)
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19.38.080 landscaping. .'
The site shall be landscaped in conformance with the landscaping manual of
the city, and approved by the director of planning. (Ore. 1356 ~ 1 (part),
19.71: Ord. 1212 ~'1 (part), 1969: prior code ~ 33.510(G)(2).)
19.38.090 Site plan and architectural approval.
Site plans and architectural approval are required for all uses in a C-V
zone, as provided in Sections 19.14.420 through 19.14.480. (Ord. 1212 ~ 1
(part), 1969: prior code ~ 33.510(G)(3).)
19.38.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in a
C-V zone, as provided in Sections 19.62.010 through 19.62.140. (Ord. 1356 ~ 1
(part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G)(4).)
19.38.110 Enclosures required for all uses-Exceptions.
All uses in a C-V zone shall be conducted wholly within a completely
enclosed bui1 ding, except for outdoor restaurants, service stations,
off-street parking and loading facilities, and other open uses specified under
conditi ona 1 use permi ts as determi ned by the pl anni ng cOmr.li ssi on. Permanent
and temporary outside sales and display shall be subject to the provisions of
Section 19.58.370. (Ord. 1436 ~ 1 (part), 1973: Ord. 1212 ~ 1 (part), 1969:
prior code ~ 33.5l0(G)(5).)
19.38.120 Outdoor storage.
Outdoor storage of merchandi se, ma teri a 1 or equi pment shall be permi tted
in a C-V zone only when incidental to a permitted or accessory use located on
the same premises, and provided that:
A. Storage area shall be completely enclosed by walls, fences or buildings,
and shall be part of an approved site plan;
B. No outdoor storage of materials or equipment shall be permitted to exceed
a height greater than that of any enclosing wall, fence or building.
(Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.510(G)(6).)
19.38.130 Wall requirements.
Zoning walls shall be provided in a C-V zone, subject to the conditions in
Sections 19.58.150 and 19.58.360. (Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1
(part), 1969: prior code ~ 33.510(G)(7).)
19.38.140 Trash storage areas.
Trash storage areas shall be provided in a C-V zone, subject to the
conditions of Section 19.58.340. (Ord. 1356 ~ 1 (part), 1971: Ord. 1212 !i 1
(part), 1969: prior code !i 33.510(G)(8).)
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19.38.150 Performance .standards. "
All...uses....in-'a~:-t:V Zone shall be Subject to initia1" and continued,
comp1i.ance . .with,', the__performance' standards 'set .forth in' Chapter 19.66. ~o-.
COrd. .1:356 ~'-) . (j>art); 1"97.1,.;: Ord.;1212.:~ -1;: (part).. 1969: prior code
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.'-:'.'. . Chapter 19.40
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Sections:
19.:40:-010 Pu.rPRseO!.::~_ ..... "0--;: .G.i1:-". ...
19.4<t.020 :_Pernl1tted.uses.:', ......
19.40.030" Conditional use....
19.40.040 Sign regulations'.'
19.40.050 Height regulations.
19.40.060 Area, lot coverage and yard requirements.
19.40.070 Setbacks from residential zone-Parking and loading facilities.
19.40.080 landscaping. .
19.40.090 Site plan and architectural approval required.
19:40.100 Off-street parking and loading facilities.
19.40.110 Enclosures required for all uses-Exceptions.
19.40.120 Outdoor storage.
19.40.130 Wall requirements.
19.40.140 Trash storage areas.
19.40.150 Performance standards.
, ,
19.40.010 Purpose.
The purpose of the CoT zone is to provide for' areas in appropriate
locations adjacent to thoroughfares where activities dependent upon or
catering to thoroughfare traffic may be established, maintained and
protected. The regulations of this district are designed to encourage the
centers for retail commercial, entertainment, automotive and other appropriate
highway-related activities. . C-T zones are to be established in zones of one
acre or larger, and sha11 be located only in the immediate vicinity of
thoroughfares, or the service drives thereof. COrd. 1212 ~ J (part), ]969:
prior code ~ 33.5Jl(A).)
19.40.020 Permitted uses.
PrincipaJ permitted uses in a CoT Zone are as foJJows:
A. Stores, shops and offices supplying commodities or performing services for
residents of the city as a whoJe or the surrounding community, such as
department stores, banks, business offices and other financiaJ
institutions and personal service enterprises;
B. New car deaJers and accessory saJe of used Cars (see Section J9.40.030 for
used car Jots); boat and equipment saJes and rental establishments,
subject to the provisions of Section 19.58.070;
~. Motor hoteJs and motels, subject to the provisions of Section 19.58.2JO;
~
//~t-;2
(R blsr, \
ATTACHMENT "0"
WAIVER AND INDEMNIFICATION AGREEMEIIT
As partial consideration for the purchase/lease of the real property
consisting of 3+ acres of real property located within the corporate
boundaries of the-City of Chu1a Vista, California, located on the 4400 block.
of Bonita Road (portion of Assessor's Parcel No. 593-240-24). Rancho de 1a
Nacion, ./lap 166, and presently owned by the City of Chula Vista. the
undersigned and all heirs, executors, administrators, successors and assigns
of the undersigned hereby jointly and severally covenant and agree to waive
all existing or future causes of action against the City of Chu1a Vista which
arise out of or in any way relate to the design, construction, sale.
occupancy, or use of the above said real property, and, furthermore, agree to
at all times indemnify and hold and save the City of Chula Vista harmless from
and against any and all actions or causes of action, claims, demands,
liabilities, loss, damage or expense of whatsoever kind and nature,
specifically including all claims of negligence by the City of Chula Vista or
by any of its employees except those caused by the sole negligence or willful
misconduct of said City or any of its employees, which said City may at any
time sustain or incur by reason or in consequence of the design. construction,
sale, occupancy or use of the above said real property.
DATE
SIGNATURE
WPC 444511
~
/ 7-~3
'.
CITY OF CHULA VISTA.
DISCLOSURE STATH1EIH
ATTACHf1ENT "E"
Name of Contractor/Applicant:
Nature of Contract/Application:
location of Proposed Work:
.--
Contractor's Statement of Disclosure of Certain Ownership Interests on all contracts/
applications which will require discretionary action on the part of the City Council,
Planning Commission, antl all other official bodies.
The following information must be disclosed:
lA. list the names of all persons having a financial interest in the contractl
application (i.e., contractor, subcontractor, material supplier, owner).
lB. list the names of all persons having any ownership interest in any real property
involved in the contract or application.
2. If any person identified pursuant to lA or 18 above is a corporation or partnership,
list the names of all individuals olming more than 10% of the shares in the
corporation or owning any partnership interest in the partnership.
3. If any person identified pursuant to lA or 18 above is a non-~rofit organization or
a trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4.
Has any person identified above had more than $250
business transacted with any member of the City
Committees and Council within the past twelve months?
please indicate person(s)
worth
staff,
Yes
of pUblic or private
Boards, Commissions,
No If yes,
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, muniCipality, district or other
political subdivision, or any other group or combination acting as a unit."
['--TE: Attach additional pages as necessary.)
:PC 3058A
~
/
Signature of contractor/applicant date
<~n: ~r~pe na'"e ot contractor/appllCant
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COUNCIL AGENDA STATEMENT
,\ "
ItTT /r(./( /r1e-,'JT 1>
Item 2 {"
Meeting Date 4/23/91
ITEM TITLE: Report: Proposals for Development of City-owned Property at
. 4400 block of Bonita Road ~
SUBHITTED BY: Community Development DirectorC~ .
REVIEWED BY: City Manage~ (4/Sths Vote: Yes__No-X-)
In June 1990, the City issued a Request For Proposals (RFP) for development of
the City's 3-acre site adjacent to the Chula Vista Municipal Golf Course in
the 4400 block of Bonita Road. By the August 3, 1990 deadline for submission,
six proposals for development were received. Two of these proposals have been
withdrawn by proponents. The Council reviewed the proposals for development
on November 29, 1990, and directed staff to prepare additional financial and
development analysis of the proposals.
RECOMMENDATION: That the City Council direct staff to bring
exclusive negotiation agreement with Joelen Enterprises for hotel
on the site. A list of initial negotiating points and
clarification are listed as Exhibit "A".
forward an
development
issues for
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Of the original six proposals received through the RFP process, two have
withdrawn voluntarily. The four remaining proposals are:
1. Mr. Richard Pena, park development
2. Joelen Enterprises, 200-room hotel
3. Odmark and Thelan, 96 senior apartments
4. ADMA Company, 80 for-lease condominiums
These proposals are attached as Exhibit B and the original Request For
Proposals is attached as Exhibit C. The proponents have been asked to provide
brief presentations to the City Council (approximately 10 minutes) and be
. available to answer questions or to provide additional information to the
Council.
Also attached is Exhibit D, a matrix comparing significant details of the four
proposals. Attached as Exhibit E is a financial analysis estimating the
financial returns of each of the proposals to the City. An overview of this
analysis is provided under the fiscal impact section of this report.
~//?.-;~
Page 2, Item~
Meeting Date 4/23/91
PROPERTY DESCRIPTION
The property is an undeveloped 3-acre parcel in the 4400 block of Bonita
Road. It is bounded by the ChU>1a Vista Municipal Golf Course on the north,
Bonita Road on the south, the Bonita Vista condominiums on the west and the
South Bay Golf Club restaurant on the east. The property is designated as
Visitor Commercial on the General Plan and is zoned C-V-P for visitor service
commercial uses with a precise plan requirement. The property is currently
used at certain times as a parking area for joggers and walkers using the
trail that, traces the circumference of the golf course. A map of the site is
attached as Exhibit F. A map of the golf course showing equestrian and
jogging trail~ and the golf course property is also attached as Exhibit G.
SUMMARY OF PROPOSALS
1. Mr. Richard Pena, park proposal
Mr. Pena has described his park proposal as follows: "The use of the
property should be a park for a park's sake. It would be a grassy area,
with a meandering sidewalk, and the space broken only by an occasional
tree or a park bench. There would be no picnic tables, no barbecue pits,
no children's playground, nothing of that nature. It would be a place
where one might walk to, perhaps,. eat a snack lunch, sit on a bench for
conversation with someone, instead of sitting in a stuffy office or
merely sit by oneself in a peaceful and pleasant surrounding."
Mr, Pena has also indicated that the use of the property as a park could
all ow the future construction of a bui 1 di ng to be used as a 1 i brary,
museum or cultural center.
It should be noted that Mr. Pena, in conjunction with Jeff Phair of the
Phair Development Company, requested that his proposal be amended to
allow the development of approximately 30,000 sq. ft. of office space,
with the balance of the property to be used for parkland. This amendment
was determined to be an additional proposal received after the August 3,
~990 deadline, and ha~ not been i~clu~ed for analysiS,in this report10bvidOUSly,
lt could be analyzed lf the Councl] wlsnes to have thlS proposal eva uate .
Financial Benefits: Development of the site as a park will generate no
revenues for the City of Chula Vista and will require a substantial
outlay of funds for initial development, estimated by the City Parks
Department at $375,000, with continuing outlays for maintenance estimated
at approximately $15,900 a year. Financing could be accomplished through
Park Acquisition and Development Fees since this area would be of benefit
to the general community.
Pl annina Comments: The General Plan and zoning call for vi sitar-service
commercial uses on the site.
~ J:/- 71
Page 3, Item 21-
Meeting Date 4/23/91
2. Odmark and Thelan, 96 unit senior apartment complex
r
Odmark and Thelan proposes to build 96 senior apartment units in
two-story, 16-plex buildings. Ninety-six parking spaces would be
provided under carports. The project is not proposed for devel!>pment
under the City's density bonus program. Instead Odmark and Thelan
propose that 20% of the units would be kept at low-income levels
(approximately $463 for a one-bedroom and $589 for a two-bedroom, based
on San Diego County median income for 1989) with the remaining units to
be priced according to the market, $550-600 for one-bedrooms and $675-725
for two-bedrooms. The unit sizes proposed are one-bedroom, 480 sq. ft.,
and two-bedroom, 625 sq. ft.
Odmark and Thelan have an excellent professional reputation and are the
developers of the Uptown District and Columbia Place in San Diego.
Odmark and Thelan have indicated a willingness to work with the City on
resolution of all design and planning issues.
Plannina Comments: Because the General Plan and zoning call for visitor
commercial use on the site, this project would require a General Plan
amendment and a zone change. The Planning Department's major concern
with this proposal is the density. At 32 units per acre, the project is
proposed at the highest density the City will allow in any location under
its current zoning ordinance. The Planning Department's opinion is that
this project is not suitable for this location.
The Planning Department has not proposed development of this site for
residential use. However, if a residential use is approved, a
high-quality townhouse development with a density of 10-12 units is
considered to be most appropriate. Adjacent uses to the west are older
residential projects at 23 dwelling units to the acre and 16.8 dwelling
units to the acre. The Planning Department cites a lack of amenities
within the project as a problem, such as a swimming pool or community
center. The proposal does not include public parking for access to the
jogging and equestrian trail. Any residential development should be
screened and pulled back from Bonita Road and the generated traffic
noise, with significant internal open space and a well-landscaped setback.
Financial Benefits: The developer's proposal is to pay the City $720,000
cash upon issuance of building permits for the project. The developer
also proposes that the City would participate at the rate of 25% upon
sale of the property. An analysis of the proposal, assuming the sale of
the property in year ten, estimates the total financial benefit to the
City is at $869,546.48.
3. Joelen Enterprises, 200-room hotel
Joelen Enterprises proposes to build a 3 1/2-story upper mid-level hotel
with 200 rooms. The hotel proposal would include amenities such as pool,
spa, tennis courts, 14,000 sq. ft. of meeting and banquet space .and
restaurant facilities.
.J:r
;c/? ~
/ / /--
Page 4, Item "2. (..
Meeting Date 4/Z3/91
The developer proposes that the hotel would include the City's 3 acres
and a1 so the additional 4 acres currently occupied by the gol f course
restaurant parking lot and pro shop, This proposed master planning was
suggested in the RFP, which called for "land uses (that) should blend
with and complement the existing restaurant/lounge and golf course uses,"
The 4-acre area is owned .by the City and leased to the American Golf
Corporation for operation of the golf course. American Golf has stated
its interest and support for the hotel development proposed by Joel en
Enterprises. To date, officials of American Golf have declined to state
the extent to which they would commit resources to the development or to
the golf course. However, they have said that their participation in
such a project would include a substantial upgrading of the existing golf
facility.
According to Joelen Enterprises the target market for the hotel would be
a mix of upper and mid-level business and professional groups, and
individual and family travelers. Joelen states that 90,000 guests per
year are anticipated and that the hotel would employ 170-185 people.
Joelen has indicated a willingness to work with the City on the design of
the project and to provide parking for public access and museum space for
a possible Bonita historical exhibit, Joelen is currently developing the
450-room Lowes Coronado resort adjacent to the Coronado Cays in the City
of Coronado. Joelen has indicated that a potential exists for linking a
Chula Vista golf course resort to the Coronado resort.
P1 annina Comments: The P1 anning Department favors a hotel development
over the other three proposals. A hotel should be designed in a manner
consistent with the character of the area, coordinated with the
redevelopment of the adjoining four-acre site, and retain an appropriate
staging area, here or elsewhere, for the hiking/jogging trail, The
development would be in keeping with the existing General Plan
designation for the area and the visitor commercial zoning. The
development would have the advantage of master planning the City's 3 acre
parcel and the adjacent 4 acres. This could provide for a single
entrance to the property aligned at Otay Lakes Road. In the Planning
Department's opinion this single access at Otay Lakes Road is highly
desirable. The height and architecture of the proposed structure is a
concern to the Planning Department. At 3 liZ-stories and with a
contemporary design, the hotel as proposed is generally out of character
with the Bonita community. View corridors into the golf course could be
designed, though the Planning Department would still be concerned about
the overall height of the structures.
Financial Benefits: The financial benefits accruing to the City from the
Joelen proposal are estimated by the developer to be substantial, being
in excess of $1 million per year at project stabilization. It should be
noted that this estimated benefit is predicated on market assumptions
which need further study. The developer assumes an average room rate of
~
/5' --76
Page 5, Item ~(.
Meeting Date 4/23/91
approximately $135 per night with occupancy rates in the 80% range.
Whether or not this development can generate room rates at this level and
consistently high occupancy rates is a question that must be addressed by
a thorough marketing study. This is a point upon which staff, Joelen and
any potential lender would be in agreement.
The Joelen proposal would lease the City's property for 66 years and
include an option to purchase the property during the fifth through the
fifteenth years. Payments on the lease would be based on revenues
generated by the hotel. Development of the hotel would take two to three
years, with a two to three year period before stabilization. Joelen has
proposed a percentage lease comparable to the lease arrangements used by
the San Diego Port District for its hotels along San Diego Bay. Joe1en
has proposed that the City would receive the following amounts on an
annual basis: 6% of room income, 5% of beverage sales, 5% of
banquet/meeting room rentals, 3% of food sales, 10% of retail sales, 10%
of telephone income.
Joe1en's estimates of gross revenues and payments to the City appear to
be reasonable based upon comparable leases maintained by the Port
District with its tenants in hotel properties on San Diego Bay. For
example, revenues for the first half of 1990 to the Port District from
the 300-room Le Meridian hotel in Coronado were $868,508, not including
Transient Occupancy Taxes. Port revenues from the 136-room Half Moon Inn
for the same period were $493,164, again not including TOT.
Joe1en's estimates of the lease value at $3 million also appears to be
reasonable, based upon comparable leases given by the Port District and
assuming that lease payments continue until at least 2002. Joelen claims
stabilized annual revenue to the City of $662,087 as a percentage of
gross income plus Transient Occupancy Taxes at 8% of room sales for an
additional $586,531 for a total of $1,248,618. However this revenue
estimate is for the fourth year after development and stabilization,
which may be as late as 1997.
Assuming a positive marketing study and development of a successful
project, the lease proposed by Joe1en would appear to be favorable to the
City for the generation of revenue at a high level for the next several
years. However, Joelen claims that a purchase option included i.n the
lease is necessary to obtain financing for the property. Joelen has
indicated that other arrangements to satisfy lenders may be possible, and
it is staff's recommendation that the lease exclude a purchase option.
The purchase option presents two difficulties: 1) the sale of the 3 acre
parcel; and 2) the sale of fee title to the additional 4 acres now part
of the lease to American Golf. The purchase option presents the
possibility that the City would actually receive a very limited amount of
revenue from the project. A scenario can be imagined with development of
the project taking two to three years, stabilization taking an additional
three years, with the lessee exercising their option to purchase in the
~
JJ-??
Page 6, Item 21..
Meeting Date 4/23/91
fifth or sixth year before the CHy begins to receive the full value of
its percentage of gross income generated by the property. Such a
purchase would pay the City some determined fair market value for the
land. However, this would eliminate the possibility of receiving an
ongoing income stream from the project and also eliminate the City's
. interest in, and potential for, control of the entry and starting point
to its municipal golf course. This sale would also leave .the golf course
pro shop, restaurant and golf services facil Hies in private hands as
opposed to maintaining some public control through a continuing lease.
Other Issues:
Museum: Joelen Enterprises has committed to the use of part of the hotel
for a Bonita historic museum or display. Joelen has also indicated an
interest in working with the community on the design of the hotel and to
provide public access and parking for golf and the jogging and equestrian
trails.
Golf Starts: In order to function as a golf-based resort, the hotel will
have to reserve blocks of golf starting times. Joelen Enterprises has
stated. that the impact of such reservation of golf times for hotel use
would be minimal. However, a clear determination of the level of impact
that the hotel would have on the golfing public must be made available.
Golf Course ImDrovements: Development of the hotel could also provide an
enhancement for Chula Vista golfers, if done in conjunction with American
Golf Corporation. As was stated earlier, American Golf Corporation has
indicated an interest in upgrading the existing golf course and improving
the golf facilities in the event of the hotel development. The pro shop,
restaurant and associated facilities would also be upgraded by the hotel
development and the golfing public would benefit from these improvements.
4. ADMA Company, 80 for-lease condominium units
The units will
parking garages.
Bonita Road for a
acres) .
Adma Company is a Chula Vista-based firm, with substantial local
development experience. Adma has developed property on the south side of
Bonita Road and is familiar with the Bonita community and market.
be in 3-story buildings over partially-subterranean
Adma has also proposed providing the area fronting on
public park and 28 public parking spaces (totalling .87
Plannina Comments: Because the property is zoned visitor/commercial, the
Adma proposal would require a General Plan amendment and a zone change.
At 37.6 units per net acre (excluding the park dedication) this proposal
is viewed by the Planning Department as being too dense for the site. It
should be noted that the proponent believes the density calculation
should be made using gross acreage, including the park area. This
calculation yields a density of 26.7 units/acre. A more suitable density
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Page 7, Item 2 "
Meeting Date ~/23/91
would be 10 to 12 units. As proposed, the project calls for direct
access to Bonita Road. On this curve at Bonita Road such direct access
could be a traffic hazard. If possible the development should share the
existing golf course entrance and exit.
The 3-story height of the development is a concern to the Planning
Department and would not be in keeping with other developments in the
Bonita area. Virtually all other developments in Bonita are 2-stories
and under. The view corridors to the golf course through the development
are a positive design feature, as is the small park proposed by ADMA.
However, the parking for the public does not appear to be directly
associated with the park. ADMA has committed to the maintenance of the
park and to its development. In the Planning Department's judgment, such
a park would most likely be used predominantly by residents of the
project and should not therefore be considered as a public amenity.
Financial Benefits: ADMA Company has proposed a' cash payment of $1
million for the property. Including property tax revenues to be
generated by the land and building value, taken at a net present value
for 10 years, the total estimated value of the ADMA proposal to the City
of Chula Vista is $1,119,151.75. Adma has also indicated a willingness
to structure payment as a long-term lease if that is the City's
preference.
Other Issues:
Adma has stated that it would locate a Bonita historical museum within
its project.
Sweetwater Communitv GrOUDS
A joint meeting of the Sweetwater Community Planning Group and the Sweetwater
Valley Civic Association was held on January 3D, 1991, to review presentations
by each of the proponents for development of the Bonita Road property. The
comments by citizens from these groups have been incorporated into this agenda
statement and into the staff recommendation. Specific issues raised by
members of the two groups were:
1. Concern about a possible loss of parking space on the site for joggers
and walkers using the jogging and equestrian trails.
2. Concern about adequate parking for any project being developed on the
site.
3. A request to include a Bonita historical museum in the development.
4. A request for appropriate landscape treatment of the project and project
entrance, and a request that the entrance to the project be aligned with
Otay Lakes Road.
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Page 8, Item 2 "
Meeting Date 4/23/91
5. Concern about impact of any development on the golf course.
6. Concern about traffic to be generated by the project.
7. A request that drought-tolerant landscaping be used.
8. A request that any development preserve and enhance the existing trail
system.
9. Concern about the possibility of having any kind of commercial use on the
property including a restaurant.
Parkina for Golfers and Trail Users
A major concern of the two community groups is the availability of parking for
golfers, joggers and users of the golf course restaurant. A survey of parking
use in this area was conducted by the City Parks and Recreation Department in
June of 1988. This survey and results are attached as Exhibit H.
The survey was conducted for one week, with all cars and people entering the
parking area asked about their use of the area. In addition, at two-hour
intervals a count was made of cars parked in the paved area around the golf
course restaurant and cars parked in the vacant three-acre parcel now under
consideration for development.
The survey reveals two important points. First, the available parking area is
used in significant numbers by people for access to the jogging trail. The
survey shows that the number of cars and people entering the parking area for
the purposes of golfing generally exceeds the number of cars and people
entering for use of the jogging trail, however, this difference is not great.
For example, on the Monday surveyed from 6 a.m. to 10 a.m., the number of cars
entering the parking lot for golfing was 174. The number of cars entering for
use of the restaurant was 40, and the number of cars entering for the use of
jogging was 157. On the same day, from 2:00 p.m. to 6:00 p.m., 116 cars
entered for golfing, 7 for the restaurant, and 103 for jogging. As can be
seen from Exhibit H, these results are fairly typical across the week long
survey.
The second important point to be gained from the survey information is that
while the existing paved parking lot is heavily used by all three groups,
golfers, restaurant users and joggers, the use of the unpaved area for parking
is re lat i ve 1 y small and, accord i ng to the survey, cars parked in the unpaved
area often could have found parking spaces in the paved area. The total
number of spaces available in the paved area is 213.
The survey shows, for example, that on the Friday surveyed between 6:00 a.m.
and 8:00 a..., 42 cars were parked in the parking lot while 10 cars were
parked in the dirt. Between 8:00 a.m. and 10:00 a.m., 196 cars were parked in
the lot and 13 were parked in the dirt. Between 10:00 a.m. and noon, 201 cars
were parked in the parking lot and 5 were parked in the dirt. This pattern
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Page 9, . Item 2(,
. Meeting Date 4/23/91
continues throughout the survey. There are occasions when all 213 paved
spaces are taken and the dirt area must be used by cars for parking, however,
this need for overflow appears to be limited.
Observation of the parking area by City staff in recent weeks has shown that
even at peak hours of use, approximately 8:00 a.m. to 10:00 a.m., generally
there are sufficient parking spaces in the paved area to accommodate cars now
using the dirt area. For example, at 9 a.m. on April 10, 1991, there were 48
cars parked on the dirt. There were also 61 spaces available in the paved
parking area.
Assessment of Service Costs
At the Council's last review of these development proposals, a specific
request was made to estimate the cost to the city of providing services to
each project.
Staff has attempted to investigate the costs associated with the projects.
However, as an "in-fill" project built in an area with a complete
infrastructure, any development on the City's property would result in
negligible marginal costs to the City. Costs that would be incurred, such as
sewer capacity, would be paid for by fees. These fees are based on dwelling
unit equivalents for various kinds of developments. Other kinds of services
provided by the City, such as fire and police protection, would be provided
with existing City assets and paid for by taxes generated by the development.
In an area such as EastLake or Otay Ranch, it is possible to determine on a
large scale the costs associated with a variety of land uses. In these areas,
prior to development, consulting assessment engineers are employed to
determine as precisely as possible the appropriate fee levels and
infrastructure requirements for various kinds of developments.
Exclusive Neaotiation Process
If the Council selects one of the four proposals, the process for development
would begin with an Exclusive Negotiation Agreement. This agreement would be
submitted to Council for approval and would give the proponent the exclusive
right to negotiate with the City for development of the property.
Normally such an agreement runs for 180 days. During that period, specific
development, purchase and/or lease points are agreed to and then submitted to
the Council for approval in the form of a Disposition and Development
agreement.
FISCAL IMPACT: The fiscal impact of each proposal is described below.
Because some of the developments propose payments in the form of a percentage
of operating revenues or with City participation in profits at sale, these
revenue estimates will vary by performance of the projects and market
conditions.
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Page 10, Iteal 2 (,.
Meeting Date 4/23/91
1. Hr. Richard Pena. Dark orooosa1
Development of park land is estimated by the City Parks and Recreation
Department at SI25,OOO per acre. Maintenance costs are estimated at
SI5,900 per year.
Revenue loss to the City, therefore, for park development is S375,OOO,
not including ongoing maintenance costs.
2. Odmark & The1an. 96-unit senior aoartment comolex
The developer proposes a payment of S720,OOO for the City's "3-acres
(S5.52/s.f.). The proposal also calls for the City to receive 25 percent
of profits at sale.
Based upon average rent rates of S500 for one-bedroom units and S650 for
two-bedroom units, and assuming a" IO-year pay down of an 80 percent loan
for project development, estimated City revenues of $141,253.18 are
projected. However, the market value of the project at some future date
is speculative, and the profits to the City could be higher or lower.
Tax proceeds have been figured assuming a valuation of land based on
S5.52/s.f. and building valuation based on standard building valuation
rates used for permit assessment. Total revenue to the City is estimated
at S869,546.48.
3. Joelen Enterorises. 200-room hotel
Revenues from thi s proposal are qui te specul at i ve, and are based on a
percentage lease. The City would receive revenues from three sources:
1) a percentage of operating revenues; 2) Transient Occupancy Taxes of
eight percent on room sales; and 3) property and sales taxes.
Staff analysis has assumed that 1991-1994 will be required for planning
and construction, with the City receiving only property taxes from land
and building valuation during this period. Beginning in 1995, we have
assumed that the City will recei ve 25 percent of total estimated 1 ease
proceeds. In 1996, we have assumed 50 percent of total estimated lease
proceeds, with full payments from project stabilization beginning in 1997.
Full lease value has been computed assuming 200-rooms, leased at an
average of S90 per room, with a 75 percent occupancy rate. This rate is
a conservative compari son wi th average room rates at resort-type hotel s
on San Diego Bay. The Le Meridian in Coronado, for example, has average
room rates of approximately S165 per night. The Half Moon Inn on San
Diego Bay has room rates averaging SIlO per night. Revenues in all other
categories have been taken from the Joelen proposal. Again, these
revenue rates appear to be reasonable based on comparable Port Di strict
1 eases and revenues from comparable hotels. Actua 1 revenues wi 11 vary
depending on the success of the hotel at stabilization.
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Page 11, Item 2./.
Meeting Date 4/23/91
Using these assumptions and discounting the revenues back to a Net
Present Value yields an estimated lease value of $3,014,339.24. As has
been previously discussed, the Joelen proposal includes a purchase option
for the 5 - 15th years. If the option was exercised, the City would be
paid for its three acres. The City and American Golf would be paid for
the additional four acres, with American Golf receiving the largest share
because of its long-term lease of the property.
Property taxes have again been assumed based on market valuation based on
standard permit valuation and construction standards.
4. Adma ComDanv. 80 for-lease condominiums
Adma Company has proposed a purchase of the three acres for $1,000,000
($7.65/s.f.), the highest cash outlay of any proposal. This would be
supplemented by property taxes to the City, payment of which has been
based on building permit assessment values of construction and on the per
square foot land price.
Adma Company has proposed a straight purchase of the property, but has
indicated a willingness to enter into a long-term lease of the property
if that is the City's preference. Including cash payment and revenue
from property taxes, the Adma proposal would result in revenue to the
City of an estimated $1,191,151.75.
WPC 4696H
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Minutes
April 23, 1991
Page 11
of thaI, he would recom nd thaI the confidential reports not be released due to the fact that it would give
insight to the legal thinking to possible defe ses to the moratonurn that might be considered. He would
recommend that the confidenti eports not released at least until a full Council is seated (four months).
MSC (MalcolDVMoore) to me the repo
M (Moore) to "Pprove staff" recommen
died (or lack o( second.
the confidential reports at this time. Motion
1 with Councilman IUndone woting no.
e repon should be corrected to state: second
dopt a trench access (ee based on the
CouncD recessed at 8:50 p.m. and recODftDed at 9:03 p.m. City Attorney Boo
City Anomey Rudolf was in attendance.
26. REPORT ON PROPOSAlS FOR DEVELOi>MENr OF C1Y OWNED PROPERIT AT 4400
BLOCK OP BONITA ROAD - This repon is regarding proposals (or deVelopment of a three.acre parcel
adjacent to the Municipa! Golf Course. Staff recommends that the City Council direct staff to bring forward
an exclusive negotiation agreement with Joelen Enterprises for hotel development on the site. (Director of
Community Development) Continued from the meeting of 04116191.
City Manager Goss stated the project began 2-3 years ago and a concern was that the City would be able
to maintain and conlinue levels of service within the City of Chula Vista. He had been directed by Council
to look at other sources to develop revenue streams (or the City including vacant properties. The City is
currently facing a recession and possible cuts from the State Legislature. The construction of the new library
will also require operations and staffing which could be approximately three-quarter to one million dollars
a year.
Lance Abbott, Community Development Specia!ist, gave a brief review of the request (or proposal process.
Presentations were made by Mr. Richard Pena, Joelen, Odmark & Thelan, and ADMA Co., Inc.
a. Mr. Richard Pena gave a presentation for park development.
Councilman Nader questioned the request from Mr. Pena to amend his proposal to include a 30,000 sq. ft.
office building in conjunction with Phair Development Company and whether he still requested that it be
reviewed.
Mr. Pena responded that he would agree to whatever the Council decided.
b. William Tucher representing Grubb & Ellis and Josef Citron representing JoeIen gave a presentation
for Joelen Enterprises for a 200 room golf reson (hotel).
Councilman Rindone questioned: 1) what commitment they would make towards hiring loca! residents, 2)
the possible conflict of starting times on the golf course with local residents, 3) whether their company
would be interested in going forward with the project if the City did not want to sell the propeny, and 4)
design regarding view corridors.
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Minutes
April 23, 1991
Page 12
.
Mr. Citron felt it would be to their benefit to hire local labor and would go as far as possible under federal
guidelines in hiring local residents. The plan includes integrating the golf course with their project.
American Golf has stated that their booking system works very well regarding other golf courses and hotels.
Prime start times for local guests are usually opposite those of the community with peak times during the
weekdays. They were interested in going forward with the project and would be flexible if the City would
understand the requirements of lenders so that the terms of the lease be such that they would be able to
finance the project and have the City work with them on the financing itself.
c. John Thelan and Christina Anderson representing Odmark 8< Thelan gave a presentation for a 96
unit senior apartment project.
Councilman Rindone questioned: 1) the allocated parking, 2) whether transportation would be provided,
3) why the City would want to approve a project with the highest density allowed in the City, and 4) lack
of amenities.
Ms. Anderson responded that it was their experience that seniors typically had one or no cars per unit. They
were currently considering some type of shuttle service but noted that one of the main concerns of the
seniors was location to a supermarket, with this project there would be one directly across the street.
Managers and seniors stated the most important amenity was a garden setting where they could meet.
Resident activities were also 'provided in their projects.
Mr. The!an stated that the units would be from 550 - 600 sq. ft. which would be approximately one-quarter
the size of a single family dwelling. They felt that senior citizen housing represented a fraction of what
single family dwellings wouJd be. A swimming pool and sundeck are included in the project.
d. Dale Combs, CAPA Architects and Nathan Adler, President of Adma Co., Inc. gave a presentation for
80 for-lease condominium units with a one acre public park.
Councilman Rindone questioned: 1) number of employees, 2) would lease versus purchase be acceptable,
and 3) additional parking being associated with the park.
Mr. Adler responded the number of employees would be approximately ten and they would agree to a lease
if that was the City's desire. They would dedicate one acre for the park with twenty.eight parking spaces
being set aside for only the park.
Mr. Abbott stated that staff had recommended the Joelen project based on the economics of the project and
requested that the Council direct staff to bring forward an exclusive negotiation agreement with Joelen
Enterprises for hotel development on the site.
Those speaking in opposition of the staff recommendation and in support of the park proposal were:
George Kost, 3609 Belle Bonnie Brae, Bonita, CA, representing Sweetwater Valley Civic Assoc.
Diane Cousino, 1660 Ithaca Street, Chula Vista, CA
Carol Hammond, 459 Camino Elvado, Bonita, CA
Janell Jones, 16666 Ithaca Street, Chula Vista, CA, Student at Bonita Country Day High School
Mike Reber, 159 Camino del Cerro Grande, Bonita, CA
Mary Anne Wilga, 5824 Whirly Bird Way, Bonita, CA
Sarah Foster, 1344 Rideview Way, Bonita, CA, Student at Bonita Vista High School
Suzanne Catanzaro, 372 Camino Elvado, Bonita, CA, Director of Bonita Country Day School
Carol Freno, 3703 Alta Loma Drive, Bonita, CA
Bill Ulrich, 4664 Gaviom Court, Bonita, CA
Ronald G. Ferguson, 3558 Frisbie Street, Bonita, CA
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Minutes
April 23, 1991
Page 13
Tom Pocklingron, 3210 Kenelworth Lane, Boni\a, CA ,
Janay Kruger, 4660 La Jolla Village Drive, Suite 1080, San Diego, CA, submitted written opposition to the
staff recommendation and support for the park project.
Those speaking in support oC the staff recommendation Cor Joelen were:
Jim Biddle, 233 Fourth Avenue, Chula Vista, CA, representing Chula Vista Chamber of Commerce
Dick lCau, 3404 Bonita Road, Chula Vista, CA
MS (Moo~colm) to approve the staff recommendation.
CouncWnan Nader felt the staff presentation was premature and questioned why the staff had not srudied
the proposal Cor the combination office and park.
Mr. Salomone responded that the amended proposal was submitted after the Council had already conducted
a workshop, the RFP process had already closed, and staff had evaluated the proposals. They felt that in
order to keep the RFP process legal and Cair that the project had not responded to the original RFP in time.
Council had discretioh to request an analysis of the amended proposal.
Councilman Nader stated that if he were to agree with the Joelen proposal that a marketing srudy was
needed to determine if the positive fiscal impact projected would be realized. He feIt the development of
the park and office building would satisfy the concerns of the residents in the area. He would like to have
staff evaluate the amended proposal.
SUBSTTIUrE MOTION: (Nader) to direct staff to do a fiscal analysis of the Pena project as amended. Motion
died for lack of second.
Councilman Malcolm stated that over 25% of the developed park land oC the City was located in Bonita and
the City needed parks on the west side. A decision needed to be made and he could support the JoeJen
proposal. The ADMA project including the park was also a good project. He was concerned over the ability
oC Joelen to obtain financing. The agreement needed to be tightened up, i.e. guaranteed minimum rent,
minimum purchase price, mandatory operation agreement, bonding in quick period oC time guaranteeing
they will build the project, how many stories, setbacks, view corridon, what type oC art they are doing, what
are they doing for the museum, how much space will be allocated to the museum, and will they maintain
the space alIocated. He was ready to move forward and make a decision on anyone oC the three projects.
Mr. Salomone stated that a marketing agreement would take approximately ninety days. The negotiating
agreement is generally six months with an opportunity to extend.
Councilman Nader questioned whether the negotiating agreement could be limited to ninety days with an
option to extend. He Celt that there should be a CaII.back position in case the JoeIen project was not found
to be feasible. He would prefer to go with the park/office project or the condo project. IC the motion passed
he would not want to be tied into that project any longer than necessary if it was not financially Ceasible
to build. He questioned whether Council would support cutting back the time for the negotiation
agreement.
City Manager Goss recommended that the negotiating agreement be cut back to 100 days or 90 days plus
two weeks which would allow time Cor the srudy to be completed and reviewed by staff beCore reruming to
Council.
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Minutes
April 23, 1991
PJge 14
Councilman Rindone felt that it was a de:::ision. for quality of life. All proposals were outstanding and offered
a different approach. He was extTe~ely impressed with the ADMA project with their view corridors, etc.
He was prepared 10 support Ihe staffs recommendation as he felt il was one of the finest projects presented
as it not only addressed the 3 + acres but the entire seven acres. r
Mr. Salomone recommended one hundred and sixty days with direction to staff that they come back to
Council as soon as the marketing study is completed, trying to keep within a 90 day period.
MSUC (Malcolm/Rindone) reduce the 180 day period of the negotiating agreement to 120 days with an
option to enend.
VOTE ON MOTION: approved 3-1 with Councilman Nader voting no.
Councilman Rindone requested that staff work out a lease for the project in which the City retains ownership
of the property. He would not consider sale of the property at any time.
27. BOARD
OTI-IER. BUSINESS
28. CONSEN!" CALENDAR: None
29. OlY MANAGER'S REPORT(S)
a. There will be no City Council meeting 0 uesday, April 30th due to Charter provision regarding
the 5th Tuesday of the month. A regular City Councl eetingIWorksession will be held on Thursday, April
25th at 4:00 p.m.
30. MAYOR'S REPORTfS)
a. Ratification of Appointments to Bayfront Subcommittee
MSUC (Malcohn/Nader) to ratify the appointments of the following people to the yfront Subcommittee:
John S. Moot (Malcolm appt), William Virchis (Rindone appt), Russ Bullen (Moore a , LanyV. Dumlao
(Nader appt), William Tuchscher (EDC appt), Shirley Grasser-Horton (planning Commissio
(RCC appt), and Pat Ables (Cultural Arts appt).
b. RESOLUTION 16148 REQUESTING COMMISSIONERS OP SAN DIEGO UMFlED PORTDI CT
APPROPRIATE FUNDS FORFY 1991-92 CAPITAL IMPROVEMENT PROJECTS AND ESTABUSH A STRATE
PLANNING COMMITTEE TO DEVELOP A FUll. S-YEAR (Jp PROGRAM _ 4/5's vote required.
Councilman Nader wanted to make it clear that the City of Chula Vista should get its "fair share".
RESOLUTION 16148 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the ten was waived, passed
and approved unanimously.
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130nita (jrana qgffLorfge !R..esort
A Project of Joelen Ent~rprise5
Josef & Lenore Citron, Owners, General Partners
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ENA PROPOSAL. UPDATED
Table of Contents
Transmittal Letter
Exhibits:
"A" - Updated RFP letter, original dated 8/28/'90
"B" - Land Purchase Offer worksheet
"C" - Architects drawings, - (separate submittal, to be shown at meeting)
"D" - Lease Percentages & Guide Projections of Average Daily Rates &
Occupancies for Years 1 through 1 0 of Operations.
.'E" - Statement of Estimated Annual Operating Results, Years 1 through 10
"P' - Income Projections to City & Developer/Owner under Proposed Lease
"G" - Payable to City, projecting income for 66 year lease term
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<l86d1c<<k::WYlnw0rd\250lena'<:ontnts.doc
::~ rJJonita grana qgffLor/ge 'R..t;Sort
A .Ioelen Enterpri... Project
Jo..f & Lenore Citron. Owner.. General Partner.
February 23, 1996
~
The Honorable Mayor Horton and City Council
and Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
re: Development by Joelen of the Bonita Grand Golf Lodge Resort, a 250 room golf
resort/meetings hotel on a 7 \1z :t Acre parcel ITonting on Bonita Road and the Chula Vista
City Municipal Golf Course.
Dear Mayor Horton and Members of the City Council:
We hereby request that the above-addressed consider the enclosed updated proposal on
the above-referenced project. Basically, we propose to lease or purchase the property
ITOm the City and to develop and operate the hotel. The purchase price offered on the
total of 7 acres is S2,212,146.00 or, if needed for required additional parking, the offered
price on 7 \1z acres is S2,310,812.00. The basis of the purchase option pricing is more
fully described in the attached "Exhibit B". The Developers envision closing escrow on
the land purchase as soon as the development details are worked out and agreed upon in
such a document as the DDA.
Alternatively, we would consider leasing the property. As before, the lease payments
would be based on percentages of gross departmental income of the 7 principal hotel
profit centers. The lease payment schedule would date ITom the opening date of the
hotel. (Outside dates would be set and -agreed upon for the time of constructing and
opening the hotel.) It is anticipated that if a lease is worked out ITom the City, substantial
lease revenue will begin only when the hotel reaches its Stabilized Occupancy Year, which
typicaIly occurs in this type of development by the 5th year of operations. However, as
the schedule shows, there will be substantial TOT revenue to the City ITom the beginning.
Income & Expense projections with expected lease revenues are shown as "Exhibit D".
The Developers wish to point out that this proposal is based on their RFP submission in
1990 which was accepted at that time by the Council. The bases of the proposal remain
the same as in the original proposal. Modifications are occasioned by two main factors.
1.) In the 5 \1z intervening years there has been an almost revolutionary major
transformation in the hotel business. Many of the old taken-for-granted formats and
practices have seen major changes. 2.) The Developers have taken part in and been a part
of those changes, being personally on the cutting edge of many of the new procedures and
486d1c.4O-c:'winwo<d\25O\enaIEnaOferl.doc
4000 Coronado Bay Road, dJ Coronado, CA 92118 tf (619) 424-4474 . FAX 423-0884
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Mayor Horton & Chula Vista City Coum;iI
Joelen Enterprises Proposal for Bonita Golf Lodge Resort
February 23, 1996
Page 2 of 3 Pages
,
technologies. Also they now have the benefit of not only their experience in the design
and construction of their $90 million 450 room luxury destination resort hotel and marina,
but also of the operation of this property through the critical business years 1991-1996.
A change which fundamentally effects the 1990 lease proposal is the drastic shift in hotel's
operating numbers today and in how they are achieved. To cite a principal factor in how
this has affected the Developer's Loews Coronado Bay Resort, -as it would also affect
the operations of the Bonita development-, consider the principal revolutionary practice in
business and commerce in this country today: "Downsizing". This is being practiced to
sharpen up profitability and to rescue many companies small and large fTom bankruptcy in
today's heightened competitive business climate. But using downsizing procedures on a
luxury resort hotel would make it no longer a luxury resort hotel. Such categories as
"Four Star" and "Five Diamond" are awarded on Service, (with a capital "5"), which
quickly disappears with elimination of a high employee-to-guest ratio. So owners and
operators have been finding that the old formulas for leases no longer work. Even the San
Diego Port District, on whose hotel leases this lease was based, has had to change their
percentages on existing, as well as new leases.
However, the Developers believe they have worked out a formula that can work, and that
should be found fair to both the owners and the City. The detailed breakdown of the lease
proposal and City Income projection therefTom is attached as "Exhibit C". The final
decision on whether the project can be developed on leased property or not will involve
the possibility of the project obtaining appropriate funding if the land is leased and not
owned fee simple.
Also supplied will be "Exhibit C", a plan of the hotel developed as Plan "Mark IIf'. The
Mark I plan was that which was submitted in 1990 with our RFP response, and was
improved and changed to Mark II in 1991-94. Plan Mark m, a completely new plan has
been tentatively accepted and 'fTozen' by the developers to be refined into the plan to be
built. It consists of3 double-loaded-corridor guest-room wings, all with golf views, plus a
generally circular main building with spokes for its various activities and functions.
Also enclosed as "Exhibit A" is an updated reprise of the . original RFP response fTom
1990. While out of date, this is included as a guide and reminder, to more fully describe
the proposed development. In the period immediately following the award of the original
RFP to Ioelen, the hotel business went through one of its worst times in over half a
century. By well into 1991 it became apparent that financing for new hotels had dried up,
and it was thought that it would not reappear for at least 5-6 years. The Developers went
to the Director of Community Development and stated that, under the circumstances, they
could no longer in good conscience indefinitely tie up the property.
JIf /J~ ,9C
Mayor Horton & Chula Vista City Council
Joelen Enterprises Proposal for Bonita Golf Lodge Resort
February 23, 1996
Page 3 of 3 Pages
"
They were encouraged however, to remain available for development of the property with
a hotel when funding would again be obtainable. After being approached for several years
by members of the Chula Vista business community with encouragement to revisit the idea
of doing the project, the Developers had a number of discussions with the City Manager
and City Staff members about the possibility of raising moneys to build the project with
City-backed Taxable Municipal Bonds. Contact was made with several large bond
underwriters, and a fair degree of interest was demonstrated. The idea evolved that a
combination of a bond issue and conventional funding would probably work. By 1995,
conventional funding sources began to appear again, sooner than most people had
expected, and the Developers began to be contacted by people with access to financing
who had heard of their success in Coronado, and expressed possible interest in providing
funds for our hew golf-resort project.
It has been found that while there is a good degree of interest in the idea of an upper-
middle-level new golf resort in the San Diego area, one of the principal challenges faced
by the Developers has been (and looks to continue to be) in selling Chula Vista as
the location for the project. The demographic circle of draw for a property such as this
will be in particular Southern California, and generally the entire country. Plus many
foreign countries. Relatively little of the growth and development of this city in recent
years is known outside of its borders.
The name of Chula Vista conjures up negative images in the minds of some, even many
local residents of San Diego city and county. Much is needed to be done in the way of P.
R. for the City to attain its deserved place in the roster of desirable cities to visit, as well
as live and work in, of Southern California. The biggest step in this direction will be when
the City corrects one of its great deficiencies, -that of not having any hotel within the
city, let alone a resort-, by the building and opening of this first class resort hotel on the
municipal golf course on Bonita Road.
We enlist the support of the Mayor and Council of the City ofChula Vista in our efforts to
correct this egregious lack.
Sincerely,
Josef A Citron, General Partner
JAC:ja
encls.
Lenore S. Citron, General Partner
fir /1// /
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'Bonita grand (j!!ff 9?esort
A Project of Joelen Enterprises
Josef & Lenore Citron, Owners, General Partners
February 23, 1996
(Original Document Dated August 28, 1990)
The Honorable Mayor Horton and City Council
and Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Mr. Dave Gustafson, Assistant Director, Community Development
re: Response to RFP for Development of Property on 4400 Block of Bonita Road
Dear Mayor Horton, Council Members and Mr. Gustafson:
The following are excerpts iTom the original RFP response made by the undersigned. It is
submitted simply as a quick aid and update on the history of this project. It is not so much
what has changed, as what hasn't, and it is submitted in the hope that it will save some
time.
This response to your RFP for the above-referenced prope~ is made by Proponents:
Josef A Citron and Lenore S. Citron, DBA loelen Enterprises, a California Partnership
established in 1972, and whose business address is:
4000 Coronado Bay Road
Coronado, CA 92118.
Phone: 619/424-4474
FAX: 423-0884
Proponent, loelen Enterprises, considers an essential element of proper improvement of
the property to be the master-planning of the subject vacant 3:i: acre property together
with the adjacent contiguous 4:i: acres to.the East; which presently is improved with a
~:""ydocu-I\250lrfp\8r28redo.doc
4000 Coronado Bay Road. Coronado, CA 92118 . (619)424-4474 . FAX 423-0884
~ Jf-)';2 .
Hon. Mayor Horton and Council Members
Bonita Golf Lodge
Restatement of RFP Response
February 23, 1996
Page 2 of 4
parking lot and restaurant-cum-clubhouse. The completed new improvements would
consist of a low-rise upper-mid- level luxury reson hotel with approximately 200-250
rooms with an average each of approximately 400 square feet, plus circulation, public
areas, and back-of-house, (hotel operational areas).
The buildings will comply with the existing height restriction of 3 1/2 stories or 45 feet,
and ground coverage of 400/0 or less. In shon, it is Proponents intent to fonow all
regulations and requirements, as they understand them, presently in place in this city, for
the C-V - Visitor Commercial zoning of this property.
Included will be an upscale food and beverage facility, pool and sundeck, spa, sauna,
exercise room, sundry shop, about 17,500 square feet of meeting and banquet facilities,
two tennis couns, appropriately lush landscaping and the requisite loading. and parking
facilities. Again, it is felt that an essential and proper use of the subject land will be a
combining of the property to the East, so that the total improvements will include the golf
clubhouse, pro shop and appropriate "19th tee" facilities in the new structures.
The plans will provide for suitable easements for the existing jogging and equestrian paths
-which proponent, ] oelen Enterprises, feels is a necessity to maintain the charming rural
character of the site- plus a proposed bicycle path. A concern of Proponents was the
need for a means to handle local and other storm water from propenies to which this
property (including the golf course) is servient, for the total site, and they are experiencing
a cooperative effon between the owners of the relevant land, County as well as City, who
have informed them that the work will be done before the end of this year.
The hotel will be designed to attract principally a mix of upper mid-level business and
professional groups, as well as individual and family travelers Market study has borne out
that a motel or lower-quality hotel would be a misplaced improvement on this property.
As the site adjoins the golf course, full advantage will be taken of the vista of this
attractive property from the hotel. The exterior architecture will be warm and woody in a
contemporary manner to blend well with the horsy/sporty/outdoorsy nature of the course
and parks to the North, while turning a neighborly face to the existing commercial uses to
the South. Proponents' adherence to a residential feel in their hotel development will also
make this hotel a good neighbor to the residential use to the West and other nearby
propenies.
San Diego County area hotels average between 60 to 700/0 group business, and this hotel
will be no exception. Not being on a freeway makes the site ill-suited for a motel, as
stated above. Absence of an adjacent major business or industrial center also makes the
site inappropriate for a commercial hotel.
~
,/9---73
Hon. Mayor Hol1on and Council Members
Bonita Golf Lodge
Restatement of RFP Response
February 23, 1996
Page 3 of 4
,
r
Therefore, proponents have adjudged the site suitable for a property attractive in large
. part to smaller groups of ten to 250 wishing to hold corporate and other business
meetings, seminars. incentive vacations, conferences, clinics, symposiums and other similar
assemblies during their stay at the hotel. The majority of these functions are held trom fall
through spring of the year. A primary reason for these groups to assemble at this hotel is
the golf course, and arrangements are in the process of being worked out with American
Golf, the operator of the course, to accommodate this business.
The facilities will also attract the upper end of the local affairs, engagement parties,
weddings, Bar Mitzvahs and the like, as well as locals using the restaurant, bar, and other
facilities of the project.
Proponent, Joelen Enterprises, 'and the City of Chula Vista had previous experience of
each other in 1979-80 when Proponents built the "Briarwoods", a 169-unit condominium
project at 54 and Briarwood Road. More recently, JoeleQ has spent the last two years
processing and preparing for development and sale a Redevelopment Project they have
named <J1ie'.BrrHufway'.Business!1f.otrus. (We're sure recipients of this package are all familiar
with that project, so we need spend no more time here describing it.)
The developers chose: C. W. Kim, noted local hotel designer, as architect for this project
as they did for their Coronado Resort Hotel. Most San Diegans recognize Kim as the
creator of much of the City's newer water-skyline buildlings, including Columbia Center,
the Emerald-ShapelY Center now-Windham hote~ the Marriott Hotel, etc.
It is. felt that in .the period since the original of this document was written, the Proponents
herein have demonstrated their abilities to successfully process, plan, arrange financing,
build and operate a four-star luxury resort more than double the size and scope of this
project, and in an exemplary manner. They are quite willing to have their quaIifications,
capability and competency judged by their local achievements.
Financial benefits of the project to the City include:
1. Income trom the lease payments and/or purchase price of the land; (See Exhibit "B".)
2. Transient occupancy tax on all rooms;
3. Sales and use taxes trom retail and food and beverage sales.
4. Projected increase in business and sales taxes trom nearby retail outlets as a result of
the projected average of over 100,000 guests per year, plus local business that will be
attracted to the site.
~ /f/J~
Hon. Mayor Horton and Council Members
Bonita Golf Lodge
Restatement of RFP Response
February 23, 1996
Page 4 of 4
5.) Increased income to the City ITom the present golf operation as a result of the capacity
business that will be generated at the course by the hotel.
6.) It is expected that over 250 people will work on the construction and furnishing of
the hotel over about a two- year period. Then, approximately 200-250 people will
receive permanent employment when the hotel opens, in management, reservations
and reception, bookkeeping, bell staff: food and beverage preparation and service,
housekeeping, maintenance and groundskeeping, security, and other jobs.
Hotels, especially resort types, have proven to be excellent sources of training for young
people learning a lifetime trade or profession, where there has traditionally been good
opportunities for moving up as high in the worldwide hospitality industry as one's skills,
desire, and willingness to work can take them.
Let us assure you that we have been addressing the concerns of residents who believe their
status quo will be challenged by a resort hotel in the city, by the golfers who are maid
their quiet enjoyment of play on the course will be taken away, and other similar upsets of
which the Mayor and Council Members are all too aware. We have visited the issues with
American Gel( who assured us they are familiar with the vocal minority who play the
many courses they own and/or manage. They have told us they have a number of very
similar situations at other courses with older, new and proposed hotels, and that they are
confident that we can work together to satisfY the concerns of the majority.
For instance, the hotel group guests principally book months or years in advance, and
primarily play in the afternoons after their morning meetings and seminars. The hotel
guests expect to pay more greens fees than residents, and often take a shorter time on the
greens than average. The larger affairs are almost all in the evenings, and 'we will work
with the adjacent shopping centers for some use of their parking lots for late-shift hotel
staff There is much more, and we will continue to work with the City on all issues.
We wish to express our appreciation to the officials, staff members, as well as the many
residents of the City of Chula Vista who have kept their faith in this project, who have
supported us and worked on getting the project to the beginning point. We stand poised,
ready to work on with them, and all the members of our team, to see this project become a
successful reality, moving forward into the 21" Century with the City of Chula Vista.
Sincerely,
JOELEN ENTERPRISES
Josef A Citron, Lenore S. Citron, General Partner
General Partner
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PAYABLE TO CITY
LEAH. INCRFASF. TOT
YEAR' PAYMENTS AMOUNT PERCENT
1 Forgiveness Yr 50 5399.400
2 Minimum Yr 525,000 525.000 $507,900
3 Departmental Income 535,000 510.000 140.00% 5595.300
4 %-AGES X'I 10% 550,581 515.581 144.52% 5692,600
5 20% 5111,162 560,580 219.77% 5763,300
6 25% 5149,848 538,687 134.80% S82.4,500
7 35% 5222,329 572,480 148.37% 5874,400
8 45% 5298,409 576,081 134.22% 5913,000
9 55% 5382,856 584,447 128.30% 5958,700
10 62% 5448,720 565,864 117.20% 51,006.600
11 100% 5466,669 517,949 104.00% $1.046,864
12 100% 5485,336 518,667 104.00.'" $1,088,739
13 100% 5504,749 519,413 104.00% 51,132.288
14 100% 5524,939 520,190 104.00o~ 51,177,580
15 100% 5545,936 520,998 104.00% 51,224.683
16 100% 5567,774 $21,837 104.00% $1,273,670
17 100% $590,485 522,711 104.00% 51,324.617
18 100% 5614,104 523,619 104.00% 51,377,602
'19 100% 5638,668 524,564 104.00% 51,432,706
20 100% 5664,215 525,547 104.00% 51,490,014
21 100% 5690,784 526,569 104.00% 51.549.614
22 100% 5718,415 527,631 1,!4.00% $1,611,599
23 100% 5747,152 528,737 104.00% 51,676,063
24 100% $777,038 $29,8B6 104.00% $1,743.106
25 100% $808,119 531,082 104,00% 51,BI2,830
26 100% $841,285 533,165 104.10% 51,BB5,343
27 100% 5874,935 533,651 104.00% 51.960.757
28 100% 5909,022 534,087 103.90% $2.039,1S7
29 100% 5943,492 534,470 103.79% 52.120,754
30 100% 5978,290 534,79B 103.69% 52,205,585
31 100% $I,O~5,385 $37,096 103.79% 52,293.60B
32 100% 51,054,942 539,556 103.90% 52.3B5,560
33 100% 51,097,135 542,193 104.00% $2,480,983
34 100% 51,142,157 $45,022 104.10% 52,5BO,222
35 100% 51,190,215 $4B,05B 104.21% 52.6B3.431
36 100% 51,241,536 551,321 104.31% 52,790.768
37 100% 51,296,365 554.829 104.42% 52.902.399
38 100% 51,354,968 558,604 104.52% 53.01 B.495
39 100% 51,417,638 562,669 104.63% 53.139,235
40 100% 51,484,689 567,051 104.73% 53,264.804
41 100% 51,556,466 571,777 104.83% 53.395,396
42 100% $1,631,550 575,OB4 104.82% 53,531,212
43 100% 51,710,085 578,535 104.81% 53,672,460
44 100"-' $1,792.222 582,136 104.80% 53,819,359
45 100% 51,859,520 567,298 103.76% 53,972.133
46 100% 51,910,052 550,532 102.72% 54.131,019
47 100% $1,959,995 $49,943 102.61% $4,296,259
48 100% $2,009,233 549,238 102.51% 54.468.110
49 100% 52,057,648 548,415 102.41% 54,646,834
50 100% 52,105,122 547,474 102.31% 54,832,707
51 100% 52,153,476 $48,354 102.30% 55,026,016
52 100% $2,202,942 $49,465 102.30% 55,227,056
53 100% $2,253,543 $50,601 102.30% $5.436,139
54 100% $2,305,306 $51,764 102.30% 55,653,584
55 100% $2,360,817 555,311 102.40% 55,879,727
58 100% 52,419,872 559,055 102.50% $6,114,917
57 100% $2,482,885 $63,013 102.60% 56,359,513
58 100% $2,549,886 567,201 102.71% 56,613,894
59 100% 52,621,525 571,639 102.81% $6,878,449
60 100% $2,697,872 $76,347 102.91% 57,153,587
61 100% $2,779,218 $81,347 103.02% 57,439.731
62 100% $2,665,881 $86,662 103.12% 57,737,320
63 100% $2,958,201 $92,320 103,22% 58.046.813
64 100% 53,056,548 598,348 103,32% 58.36B,686
65 100% 53,161,324 5104,775 103.43% 58.703.433
66 100% $3 777 950 $111,637 103.53% $9051 570
188 fI"~ 888 TOTAl TOT $216.104921
TOTAl IFASE rn.~.uWl
GRAND TOT Al Illi.ill,lli
fI''''''''"",--35Ml:.9..5E.WKI .. _1II~t.I J9~/u~ -fi+
-(':t RETAIL PROPERTIES GROUP, INC.
Commercial Real Estate Services
March 6, 1996
, \' t1
I)TT/JCl/nJPtJT {}
Mr. Dave Gustafson
CITY OF CHULA VISTA - COMMUNITY DEVELOPMENT DEPT.
276 Fourth Avenue
Chula Vista, CA 91910
RE: POTENTIAL BONITA ROAD SHOPPING CENTER DEVELOPMENT
Dear Dave:
In reference to our conv.ersation last week regarding the upcoming Council meeting to
determine the status of the above captioned site, I would like to formally reiterate my
continuing interest in developing a high quality retail development on the parcel.
My proposed project is an approximate 40,000 square foot retail center to be located
on the western three acres of the property featuring an upscale tenant mix and
extreme upper end construction standard. Some of the retailers I have contacted
whom have indicated preliminary interest in this project include Boney's market, Trader
Joes, Starbucks Coffee, Brueger's Bagels, Boston Market, The Juice Club, Super
Crown Books and The Soup Plantation. My company could also easily, if preferable to
the Council, fit our retail development plan around the entire seven acre site and
include an area for the golf course pro shop, clubhouse, golf cart housing and create a
overall golf theme for the retail center.
As you are aware, I attended and addressed the City Council regarding this project at a
Council session in March of last year. At that meeting the Council decided to negotiate
an agreement with the Citron's for construction of a 35 Million dollar hotel development
based on a two year timetable. This timetable was to be negotiated with certain
benchmarks and, specifically, a built in benchmark for the financing of the project. A
year has now gone by and there is still no official City Council approved agreement
between the City and the Citrons and, as a result, no benchmarks .have been officially
set or achieved. It's important to note that the Citrons have had a virtual exclusive lock
on this site since 1990 and first submitted a preliminary market report in 1991 prepared
by Pannell Kerr Forster.
My interest in this property throughout this process has not been to discourage or
undermine the Citron's proposed project but rather to facilitate the best use of the
parcel to enhance this city. Myself and my family have been residents in Bonita of over
twenty years and we take tremendous pride in our community. As we have stated
publicly at council meetings in the past, we would prefer to have the hotel built on this
site, however, we have recognized for some time that the realities of the marketplace
LA JOLLA CORPORATE CENTER
3252 Holiday Coun, Suite 110' La Jolla, California 92037
Telephone (619) 453-9990 Fax (619) 453-9965
~ /7'-/O->~
Mr. Dave Gustafson
March 7, 1996
Page Two
do not support a development of this nature. This assertion is backed up by the total
lack of financing for the past seven years for this project. In contrast, my project will
need no financing contingency as I already have complete money commitments to build
this project for cash from several prominent Chula Vista and Bonita citizens.
Dave, please review this proposal and accompanying documentation regarding the
proposed retail development and forward them to the council for review prior to the
meeting. I appreciate your help and look forward to seeing you Tuesday night.
Sincerely,
RETAIL PROPERTIES GROUP, INC.
~lJ\AiLJL
Dan Malcolm
Vice President
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Retail Development
Space For Lease
Pepper Tree Plaza
3~ Acres
~
Signed Leiter's of lutent:
Boney's Market Place
Location:
Bonita Road and Otay Lakes Road Bonita, California
Developer:
Malcolm Development Company
Site:
Approximately 3~ acres. Tolal gross leasable area is approximately
38,685 square feel. Boney's is approximately 22,850 square feet, with
approximately 15,835 square feet available, divided into 11,050 square
feet non divisible and 4,985 square feet divisible.
Demographics:
I Mile
Radius
3 Mile 5 Mile
Radius Radius
140,145 362,945
154,509 392,612
47,992 39,980
42,555 35,2J5
1994 Estimated Population'
1999 Projected Population'
6.418
7,174
1994 Average Household Income'
1994 Median Household Income'
62,425
54,692
SOURCE: Equuax National Decision Systems.
-Data is An estimate by Equoax.
Traffic:
Bonita Road
32,900 ADT's 1992
Otay Lakes Road
18,900
SOURCE: San Diego Association ofGovemmenls, MIIY 1994 Traffic Volume Report
ADr. is a.. abbreviation for Average Daily Traffic.
Contact:
For further information, contact Dan Malcolm
at (619) 453-9990.
'\..
RETAIL PROPERTIES GROUP, INC.
A full ServIce Commercial Real r;state Company
The infermaHon contained herein has been obtained from .oures. we deem
reliable. While we have no reason fD doubt it. accuracy, we de not guarantee it.
;ti7I /9-/0?
COUNCIL AGENDA STATEMENT
Item r2b ft
Meeting Date 5/7/96
ITEM TITLE:
Report regarding proposed changes in the California
regarding speed limit changes and recent legislation.
Director of Public workY ~jk/'
Ci", M~g~ --.\4 ~ ~
Vehic1e Code
SUBMITTED BY:
REVIEWED BY:
(4/5 Vote: Yes_NoX)
Council Referral
This report is in response to the recent City Council request made at the time speed limits on East
J Street were considered. The purpose of this report is to inform the Council of the progress and
history regarding legislation which allows local agencies more freedom in establishing speed
limits. There are two other related speed limit items on this agenda; East J Street and Hilltop
Drive.
RECOMMENDATION: That Council accept staff's report and 1) proceed with current
practices regarding the establishment of local speed limits until such time as legislation currently
being pursued is enacted, 2) support efforts to add a new prima facie speed limit for residential
collector streets, and 3) instruct staff to pursue other legislation which would allow the City
Council to be more proactive in responding to residents concerns over speeding.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
The intent of the existing speed limit law is to prescribe methods for establishing speed limits that
will allow for enforcement by radar (i.e. not to have a speed trap). This law is based on the
premise that the speed limits are set at what is appropriate for the roadway conditions and the
motoring public. In order to allow the police to enforce the posted speed limit and also to not
make a disproportionate number of motorists violators, the State has established that speed limits
should be set at or near the speed at which 85 % of the motorists are traveling at or below.
Staff contacted two local agencies, the Cities of El Cajon and Santee, to understand how these two
cities managed to have a special state law passed to allow a lower speed limit to be established by
the respective City Councils and still be legally enforced by radar. The process was initiated by
citizen groups which were seeking relief from speeding motorists. The background for each
location (Chase Avenue in El Cajon and Mast Boulevard in Santee) is unique in that there were
different circumstances surrounding each location in which residents felt a lower speed limit
would be more appropriate. There were two versions of the legislation, one sponsored by State
Senator Steve Peace, 40th District, and one sponsored Assemblyman Jan Goldsmith, 75th District,
which would have provided all local agencies the ability to lower speed limits to levels that the
local agencies deemed appropriate. The final versions focused each on the individual streets in
question, instead of statewide, but are valid for a three year study period only. Both agencies
dOA -(
Page 2, Item
Meeting Date 5/7/96
have since reduced the speed limit from 40 mph to 35 mph at the subject locations as allowed by
the law. Since these bills took effect on January 1, 1996 the sunset clause on them currently
occurs on January I, 1999. The Automobile Club of America (AAA) opposed both the original
version of this bill and the final versions of this bill because they believe that the bill creates
legalized speed traps which go against the public's expectations and that speed limits should be
set using the established standards and procedures which focus on the critical speed.
Chase Avenue. EI Cajon-Senate Bill No. 574. Peace
For the City of El Cajon, the legislation specified that enforcement of the speed limit by radar on
Chase Avenue, the speed trap law did not apply. Subsequently, the speed limit was changed on
the entire length of Chase A venue within the City limits. This street is a 64 foot wide four lane
major roadway with no raised medians except near an elementary school where there is a narrow
median. This street used to be a two lane roadway with numerous accidents before it was widened
to four lanes. Typically, the types of accidents which were occurring before the roadway was
widened and the speed limit lowered showed a pattern of single vehicle accidents running off the
road and then back onto the road. They generally did not involve damage to adjacent property.
After the roadway was widened, the accidents involved vehicles hitting parked cars, landscaping
and homes because there was less recovery room between the edge of travel way and private
property. This then became a significant concern to the adjacent property owners. Once the
street widening was completed, the area residents requested that the posted speed limit be reduced
from 40 to 35 mph. Chase Ave has an average daily traffic count of approximately 28,000
vehicles per day. As indicated, this provision is repealed on January I, 1999.
Mast Blvd. Santee-Assembly Bill No. 843. Goldsmith
This legislation specifies that the City of Santee may authorize the use of radar for enforcement
of speed on Mast Boulevard and that such use does not constitute a speed trap. It further specifies
that the City of Santee "shall make all efforts to facilitate and expedite the traffic flow on Mast
Boulevard." Mast Boulevard in Santee is a 64 foot wide four lane major roadway with raised or
painted medians separating opposing directions of traffic. The east end of Mast Blvd, east of
Magnolia Avenue is wide enough for 4 lanes but is only striped for two lanes due to lower traffic
volumes. There are one school (West Hills High School), and one park (West Hills Park) fronting
on this roadway. Approximately 4 miles of roadway has been posted at 35 mph The major issue
with this location was that the dramatic traffic volume increase from the recent extension of State
Route 52. The new freeway was diverting a higher number of vehicles to this roadway as a
shortcut to the freeway. The dramatic increase in traffic when the freeway was opened caused
widespread concern from the residents along the route. There are areas which are commercial
and residential and have direct driveway access to the street. The average daily traffic count
varies from 20,000 to 24,000 vehicles per day in the four lane portion and approximately 3,300
vehicles per day in the two lane portion. Traffic studies completed in the area show that the
critical speed varies significantly from the low thirties to about fifty miles per hour throughout the
limits of Mast Blvd. As indicated, this provision is also repealed on January I, 1999.
jJJA -d-.-
/ . -
Page 3, Item
Meeting Date 5/7/96
Other legislative efforts
Staff has discussed with the League of California Cities staff their legislative efforts in the area
of speed limits. The League staff indicated that their Public Works Transportation Committee
has a work program item, and a sub-committee set up, to review possible legislation revising the
method of setting speed limits, including the 85th percentile. However, at this point the closest
any proposed legislation would be advanced is "next year at best." They knew of no other
legislation proposals affecting cities abilities to post speed limits.
In a computer search for State legislation, staff came up with two other bills that affect speed
limits in general, but do not help in the area of our interest. For information, these bills are SB
848, Kopp and AB 1493, V. Brown. The Kopp bill establishes a prima facie speed limit of 55
mph on 2 lane, undivided highways and, for a limited time, a 55 mph speed limit on certain other
multi-lane highways unless a greater speed limit has been posted pursuant to an engineering and
traffic survey.
AB 1493 is another bill establishing specific speed limits on specific segments of roadway similar
to the EI Cajon and Santee bills. A 35 mph speed limit would be established on a specified
segment of SR 12 in the community of Kenwood in Sonoma County and speed limits of 45, 35,
and 25 mph on specified segments of SR 101 in or near the City of Willits in Mendocino County.
Staff recommends that the City support the San Diego Traffic Engineer's Council's (SANTEC)
attempt to have a new definition added to the California Vehicle Code which would include a
prima facie speed limit of 30 mph for residential collector streets. The new definition combined
with the revision to the speed trap law which references residential collector streets is the most
efficient approach. A residential collector would be defined as a roadway which is between 40
and 52 feet wide, not more than one lane in each direction and with at least 51 % of the fronting
property residential homes with driveway access or schools. The City should also pursue this
same approach with local legislative representatives. If the endeavors of SANTEC are successful,
this measure would apply to all local agencies and would be easier for all transportation and law
enforcement officials to implement and enforce. Preliminary review of SANTEC's proposed
legislation has gained support from the AAA and local transportation officials because they believe
it is logical and appropriately based on the roadway width and adjacent residential land use. Thus,
this proposal conforms to a driver's expectations within a residential area and does not create
distrust of other posted speed limits.
The fundamental difference between the approach utilized by Santee and El Cajon and that
recommended by staff relates to the character of the roadways in which the jurisdiction is given
the freedom to regulate. Under SANTEC's proposal, the two streets in El Cajon and Santee would
not qualify under the residential collector definition. The two locations in Chase A venue and
Mast Blvd are both four lane Major roadways comparable to such streets as Fourth Avenue, H
Street between Hilltop Drive and Third Avenue, and Orange Avenue in Chula Vista (which are
posted at 35 and at 40 mph), and are not comparable to the two lane Residential Collector
c20A-6
Page 4, Item
Meeting Date 5/7/96
roadways like East J Street. Staff believes that it is more appropriate for local agencies to have
authority to regulate essentially local streets, such as residential and residential collector streets.
East J Street from Hilltop Drive to Cassia Place and from Redbud Place to Paseo Ranchero would
qualify for the 30 mph prima facie speed limit under SANTEC's proposed legislation for
residential collector streets.
Another advantage of the SANTEC approach is that the City's Traffic Engineering section would
be able to save more than $4,000 per year in staff costs by not having to conduct
Engineering/Traffic Surveys on residential collector streets. Although the deadline for introducing
new legislation this term is past, it may be possible to amend an existing 1996 transportation bill
to include this language. Assuming that the City and SANTEC are successful in supporting this
change, the legislative calendar would generally allow such a law to take effect on January 1,
1997. For the Santee and El Cajon changes, the process took approximately 12 months.
Therefore, staff recommends that the City Council continue implementing the existing procedures
while staff pursues legislative reform action.
FISCAL IMPACT: Approving this recommendation should have little, or no fiscal impact.
Staff is already working on legislation and already has a legislative advocate on contract. Any
appropriate action would be an extension of existing work activities.
Attachments: Assembly Bill No. 843 & Senate Bill No. 574.
File: 0100-55 KY-158
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April 19, 1996
MEMO TO:
The Honorable Mayor a d City Council
FROM:
Patty Wes
SUBJECT:
1995 CIVIC RECOGNITION AWARD
The Annual Awards Banquet is now scheduled for Thursday. June 6, 1996 (6:00
p.m. no-host social hour and 7:00 p.m. dinner served) at the San Diego Country
Club.
Please advise your nominees to receive a 1995 Civic Recognition Award, so that
I may take appropriate action. For your information, I have ene/osed a list of
previous award recipients.
Thank you.
PW
Ene/s.
'}, I /., v, !j
~- /c/c:- --;.. c/
I
PREVIOUS RECOGNmON AWARD WINNERS
1972
C. R. Campbell
Peter DeGraaf
Tom Huntington
Herb Lathan
Kitty Raso
Kay Smtth
Kyle Stewart
Ada Thompson
Bruce Warren
David "Bud" Wilson
1973
Kay Erwin
Standlee McMains
Otis Pemberton
Everette Thorne
1974
Burt Tiffany
Ann Hedenkamp .
Eleanor Anderson
Edward Adams
1975
Phil Schmidt
Jan Murphy
Joe Rindone
Lowell Blank/ort
Reb Rebele
1976
Mike Bailey
Sid Cornell
Maggie Helton
Mitch Koteff
Les Rice
Ed Nielsen (CV Bobby Soxers)
/Jdct --3
...till...
Lee Ram
Chet DeVore
Tom Hamilton
Kathryn S. Moore (posthumously)
Len Krall (CV Bobby Soxers)
1978
Phil Creaser
Peter Watry
Susan Watry
George Chandler
Clarence Knight
Victor Wulff (posthumously)
1979
Gustavo Romero
Harry "Butch" Comer
Burton Wilson ("Sunshine Boys")
Arthur Nagel
Wadie P. Deddeh
John Anderson
Norma Brainard (CV Bobby Soxers)
1980
Rohr Industries
Leonard Moore
Judy Bauer
1981
Gretta Arnold
Marie Miehls
1982
Will T. Hyde
Quentin Stokes
Bay General Communtty Hospttal
~ .r-.!
,-'
1983
1992
Dr. Leonard Servetter
Helen Stokes
Evelyn Ferkovich
1993
1984
Doris Cox
Dr. Robert Penner
Emerald Randolph
Loren Tarantino
Cathi Jamison
Veronica Eberle
Elizabeth Stillwagon
1985
1994
Susan Fuller
Bob Sutherland
Supervisor Gregory R. Cox
Tris Hubbard
Kay Riley
1986
Evelyn Gillespie
1987
Peter S. Puzon
Niek Slijk
1988
Mary Frances Click
Income PropertY Group
1989
Ron & Charlotte Stanley
John Rindone
John Willett
1990
Mike Armbrust
Kitty M orrett
George Turner
1991
Rosie Bystrak
Mary-Lynn Deddeh
Frank Roseman
d2dt?L~1f
~,- .
April 11, 1996
TO: Honorable Mayor and Council
FROM: Armando Buelna, Assistant to the Mayor and Council
SUBJECT: REPORT ON CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS
Alcohol and Drug Abuse Prevention Task Force (ADAPT)
Meets every other month 12:00n at Rainwaters on Kettner Blvd. San Diego
Member - Councilman Padilla
Bayfront Conservancy Trust
Meets 4th Tuesdav 1 :30 o.m. of every other month 1996 Schedule:
1/23,3/26,5/21,7/20,9/24,11,26.
Member - Mayor Horton
Alternate - Councilman Moot
Bayfront Subcommittee
Also represents the city as the Bayfront Planning Subcommittee. Both meet
as needed.
Member - Mayor .Horton
Councilman Moot
Border Environmental Commerce Alliance Advisory Board
Meets on Second Friday of Each Month at 8:00 a.m. at 477 Marina Parkway.
Member - Mayor Horton
Alternate Councilman Moot
Council Subcommittee on Citizen Board, Commission, and Committee Attendance
Meets as needed.
Mayor
Mayor Pro-Tempore
HightechlBiotech Subcommittee
As needed. Mayor retains membership. Rotates among councilmembers each year.
Member - Mayor Horton
Current Council Representative - Councilman Moot
0ter-AgenCy Water Task Force
Meets 2nd Fridav - 8:30 a.m. of each month.
Member - Mayor Horton
Councilman Padilla
~~--< 1
d;J.b ~ I
Subject: REPORT ON CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS
Page 2
International Council for Local Environmental Initiatives (ICLEI)
Generally, as-needed. GreenFleetsmeets twice per year. C02 Project meets
once per year. Locations vary.
Member - Councilman Rindone
Alternate - Councilman Moot
Local Agency Formation Commission (LAFCO)
Meets 1st Monday 9:00 a.m. at 1600 Pacific Highway, Third Floor, San Diego.
Meeting dates for 1996: 1/8,2/5,3/4,4/1,5/6,6/3,7/1,8/5,9/9,1017,11/4, and 12/2.
Member - Mayor Horton
LAFCO Cities Advisory Board
Meets 3rd Friday at 10:00 a.m., at 1600 Pacific Highway.
Member - Councilman Alevy
Alternate - Bob Leiter, Planning Director
Legislative Committee
Mayor Horton
City Manager
Metropolitan Transit Development Board (MTDB)
Meets on 2nd and 4th Thursday each month at 9:00 a.m., at 255 Imperial Avenue,
San Diego, 10th Floor.
Member - Councilman Rindone
Alternate - Councilman Padilla
Expanded Multiple Species Conservation Program Policy Committee (MSCP)- Meets
on an as-needed basis. Location and times vary.
Member - Mayor Horton
Alternate - Councilman Alevy
Otay Ranch Subcommittee
Also serves as Property Tax Sharing Negotiation Subcommittee.
Members - Mayor Horton
Councilman Moot
\..
Otay Valley Regional Park Policy Committee
Meets 1 st Friday - every other month.
Member - Mayor Horton
G_ Lt., -
~~
c#h~ ;),
. '
,
"
Subject: REPORT ON CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS
Page 3
~ Diego Association of Governments. (SANDAG)
Meets 4th Fridav each month - 8:30 a.m., at 401 B Street, San Diego.
Member - Mayor Horton
First Alternate - Councilman Rindone
Second Alternate -
.
.SANDAG Board of Directors Delegate also serves as the delegate for the following
subcommittees of SANDAG: San Diego County Regional Transportation Commission,
Regional Planning and Growth Management Review Board, Integrated Waste
Management Task Force, Airport Land Use Commission etc. All of the aforementioned
subcommittees, if necessary, convene during the regular SANDAG Board meetings.
SANDAG _ Automated Regional Justice Information System (ARJIS) - Meets one hour
prior to SANDAG meetina.
Member - Mayor Horton
SANDAG - Bayshore Bikeway Policy Committee - Meets as-needed.
Member - Mayor Horton
SANDAG - Regional Housing Element Advisory Committee -Meets as-needed.
Member - Mayor Horton or Alternate-
.
San Diego County League of California Cities Executive Committee
Meets 2nd Mondav - 11 :45 a.m.
Member - Mayor
Alternate - Deputy Mayor
San Diego Service Authority for Freeway Emergency/Abandoned Vehicle Service
Authority (SAFE/AVA)
Meets 3rd Thursdav at 2:00 c.m.- every other month beginning in January, at 1600
Pacific Highway, San Diego.
Member - Councilman Padilla
South County Economic Development Council
Meets 1 st Tuesdav 7:30 a.m. of each month at 2727 Hoover Street., National City.
Member - Councilman Moot
Alternate - Mayor Horton
~versity of California - Chula Vista
When reconvened, may need one, possibly two representatives
~~
..>~h ~3