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HomeMy WebLinkAboutAgenda Packet 1996/04/16 Tuesday, April 16, 1996 6:00p.m. "I dodare ..nder penalty of perjury that I am em' :ovBd b"~: 1:he n'i:y of ~.;h!l!',~1 ~,:'!9!-a in the Otfica G1 the Lit'! ('Jer;. an t "., : !,(,~ ~d this ~i;endaINolice on tile :,:vi"';,:1 B,,'Hd at the Public er ices Building .no at City lia)1 on DATED, I Slm, ED f,:J\~" VISED , Remlar Meetin.. of the Citv of Chula Vista It v Council I Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Alevy _' Moot _, Padilla _. Rindone _. and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: April 9, 1996 (City Council Meeting) and April 9, 1996 (Special Joint Meeting of the City Council/Redevelopment Agency) 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Joanne D. Clayton - Housing Advisory Committee; Michelle Monroy - Youth Commission; Virgil Whitehead - Board of Ethics. b. Proclaiming Monday, April 21, 1996, as "Earth Day" and the week of April 21 through April 28, 1996 as "Earth Week." The proclamation will be presented by Mayor Horton to a representative from San Diego Earth Day. c. Terry Thomas, President, Chula Vista-Odawara Sister Cities Association, will be welcoming people to participate in the activities of the Friends of Odawara, including a teacher exchange. d. Terry Thomas, Larry Breitfelder and Fran Larson will present an update on the Chula Vista International Sister Cities Foundation. "''''''''''* Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. "''''''''''* CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the foUowing iJems 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 and submit iJ to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no reportable actions taken in Closed Session on 4/9/96. It is recommended that the letter be received and filed. Agenda -2- April 16, 1996 6. ORDINANCE 2669 AMENDING CHAYfER 3.48 OF THE MUNICIPAL CODE TO PERMIT THE REFINANCING OF REGIONAL UTILITY PROJECTS UPON A FINDING OF CITY BENEFIT (second readilll! and adootion) - San Diego Gas & Electric (SDG&E) has requested that the City take the necessary steps to become legally able to assist them in refinancing two Industrial Development Bonds, similar to financing the City did for them in 1992. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney and Director of Finance) 7. RESOLUTION 18254 AMENDING THE FISCAL YEAR 1995/96 BUDGET TO INCLUDE 1.00 FULL TIME EQillV ALENT POLlCE AGENT POSITION, SUBJECT TO CONTINUED GRANT FUNDING, TO PARTICIPATE WITH THE UNITED STATES CUSTOMS SERVICE (USCS) SAN DIEGO AIRIMARINE NARCOTICS INTERDICTION GROUP; ACCEYfiNG AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $65,000 FROM IDGH INTENSITY DRUG TRAmCKING AREA (IDDT A) GRANT FUNDS - The Police Department has one agent working with the uses which is a coordinated multi-agency drug interdiction unit that services the southwest border area. The agent's position is funded through a HIDT A grant. As a result of the ongoing success of Operation Alliance, the USCS submitted another HIDT A grant to fund an additional agent position. The grant has been approved, and the USCS is now requesting the position be filled. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 8. RESOLUTION 18255 ENDORSING IN CONCEYf THE CONVEYANCE OF A PORTION OF THE SD NTC, KNOWN AS CAMP NIMITZ FOR USE AS THE SAN DIEGO REGIONAL PUBLlC SAFETY TRAINING INSTITUTE - Conveyance of Camp Nimitz is currently under review. Two proposals have been submitted for consideration. The first one is a proposal by the City of San Diego to acquire and develop Camp Nimitz for use as the San Diego Regional Public Safety Training Institute. The second proposal has been submitted by the Port District for expansion of the airport. Police staff has reviewed both proposals and believes the 102 acres available can be used to meet both proposers' needs. The compromise solution would provide for a world-class public safety training institute and expansion of the airport. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 18256 ACCEYfING IRREVOCABLE OFFERS OF DEDIC A TION FOR STREET PURPOSES, DEDICATING AND NAMING STREET EAST ORANGE A VENUE WITH EASTLAKE GREENS DEVELOPMENT AND ASSESSMENT DISTRICT NUMBER 94-1 - Right-of-way for East Orange A venue with EastLake Greens, previously offered to the City through an irrevocable offer of dedication, must be accepted prior to final payment of acquisition of improvements in Assessment District Number 94-1. A separate irrevocable offer to dedicate document for East Orange Avenue offsite right-<Jf- way has been prepared and is also ready for acceptance. Staff recommends approval of the resolution. (Director of Public Works) 10. RESOLUTION 18257 APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF GAS TAX FUNDS FOR THE PURCHASE OF PROPERTY FOR SHY LANE RIGHT-OF-WAY AND AUTHORIZING THE CITY ENGINEER TO SIGN AN AGREEMENT WITH THE COUNTY TO PURCHASE TWO TAX-DEFAULTED PROPERTIES - The County of San Diego's Tax Collector's Office notified the City of several parcels of land that were to be auctioned for back taxes. There were two parcels staff determined should be purchased. The County has prepared agreements to complete the purchases. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Agenda -3- April 16, 1996 11. RESOLUTION 18258 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "REPLACEMENT OF SEWER MAIN CROSSING IN BONITA ROAD JUST EAST OF I-80S FREEWAY (SW-207)" - Sealed bids were received on 4/10/96. The work consists of removing 4 existing concrete encased 8' diameter PVC sewer mains and replacing with a new 18' concrete encased PVC sewer main just east of 1-805. Tbe work includes excavation and grading, asphalt concrete pavement, shoring, reconstruction of base of existing manholes, traffic control, preservation and restoration of property, and other miscellaneous work required by the specifications. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 12. RESOLUTION 18259 APPROVING SUBMISSION OF FISCAL YEAR 1996-97 TRANSPORT A TION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM The fiscal year 1996/97 TDA Article 4.0 Claim is in the amount of $6,400,495. The claim was submitted to the Metropolitan Transit Development Board (MTDB) and San Diego Association of Governments (SANDAG) on 4/1196 as required by State law. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLUTION 18260 APPROVING SUBMISSION OF FISCAL YEAR 1996/97 CLAIM FOR HANDYTRANS OPERATION - The fiscal year 1996/97 claim to support Handy trans Operation was submitted to MTDB and SANDAG on 4/1196 as required by State law. The claim, in the amount of $399,000, consists ofTDA Article 4.5 funds, Transnet funds, MTDB/ADA funds, and estimated fare revenue. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowing items have been advertised andlor posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individllill. 14. 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 - 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 nuhlic hearil12 he continued to the meetil12 of 5/7/96. (Director of Planning) Continued from the meeting of 3/26/96. Agenda -4- April 16, 1996 IS. PUBLIC HEARING PROPOSAL TO DEFINE "COMMUNITY PURPOSE FACILITY" IN THE EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS AND MODIFY THE FEE RATE SCHEDULE - Currently, the "Eastern Area Development Impact Fee for Streets" (TransDIF) program does not discuss the land use category "Community Purpose Facility" (CPF). Other fee programs such as the Public Facilities DIF (PFDIF) and the SR-125 DIF exclude CPF from the fee programs. Staff proposes to correct the inconsistency by defining the CPF land use, and excluding that class from the TransDIF. Staff also proposes to refund or reimburse certain fee payments previously made by Community Purpose Facility Projects. Staff recommends the Dublic hearin2 be continued to the meetin2 of 4/23/96. (Director of Public Works) 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 l1!l1. an item on this agetula for public discussion. (State law, however, generaUy 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 Form" 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. 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 andlor Committees. None submitted. ACTION ITEMS The items listed in this section of the agetula are expected to elicit substantiol discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individuaUy by the Council and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 16.A. RESOLUTION 18261 APPROVING THE PROPERTY TAX TRANSFER AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR OT A Y RANCH - The proposed Property Tax Transfer Agreement sets forth the financial terms and conditions that have been negotiated by City and County staff to be applied upon annexation to those portions of the Otay Ranch that are included in the City's current Sphere of Influence as well as those portions of the Otay Ranch that are anticipated to be added to the City's Sphere of Influence at the 5/6/96 meeting of the Local Agency Formation Commission. The Property Tax Transfer Agreement is contingent upon the adoption of the companion Landfill Agreement. Staff recommends approval of the resolution. (Deputy City Manager Thomson) Agenda -5- April 16, 1996 B. RESOLUTION 18262 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO REGARDING THE OTAY RANCH SPHERE OF INFLUENCE AND OPERATION OF OT A Y LANDFILL - M. a component of the pending actions on the proposed Sphere ofInfluence for Otay Ranch and subsequent property tax agreement and annexation of the western parcel, the County wishes to ensure that the City will not interfere with the ongoing operation or expansion of the Otay Landfill. They do not wish the current litigation and potential early closing of San Marcos Landfill to be repeated in the South Bay as a result of actions of the City. The agreement addresses that protection. Staff recommends approval of the resolution. (City Manager) 17. 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 44oo 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 4/9/96. 18. RESOLUTION 18251 APPROVING AMENDMENT TO AGREEMENT WITH THE COUNTY OF SAN DIEGO AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEMENT PROJECT - On 10/3/95, Council approved an agreement with the County of San Diego and Southwestern College. The estimated cost of the Southwestern College Bus Stop Improvement Project is $1,350,000. The County has designated $9OO,OOO for the project, leaving a shortfall of $450,000. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Continued from the meeting of 4/9/96, 19. RESOLUTION 18263 DENYING REVOCATION OF ENCROACHMENT PERMIT NUMBER PE-340 ISSUED TO BETTIE WARREN FOR A FENCE AND GATE ON CITY PROPERTY ADJACENT TO 89 FIRST A VENUE - Bettie Warren, owner of the property known as 89 First Avenue, recently applied for and was granted an encroachment permit to allow her to install chain link fencing and a gate across a City-owned parcel, in front of her house. The neighbors are petitioning for revocation of the encroachment permit. Staff recommends approval of the resolution. (Director of Public Works) 20. RESOLUTION 18264 ACCEPTING BIDS AND A W AROING CONTRACT FOR THE "BROADWAY STREET RECONSTRUCTION BETWEEN NAPLES STREET AND ANITA STREET (ST-143)" - On 3/29/96, sealed bids were received. The work to be done includes removal and disposal of existing improvements, excavation and grading, asphalt concrete pavement, monolithic curb, gutter, sidewalks, landscaped medians, storm drain and other miscellaneous work shown on the plans. Staff recommends approval of the resolution. (Director of Public Works) Agenda -6- April 16, 1996 21. RESOLUTION 18265 APPROPRIATING ADDITIONAL FUNDS FOR THE CONSTRUCTION OF A PORTION OF THE SALT CREEK SEWER LINE, ADOPTING THE NEGATIVE DECLARATION AND AUTHORIZING THE PURCHASE OF MITIGATION PROPERTY - On 2/13/96, Council approved an appropriation of sewer funds for the construction of a portion of the Salt Creek Sewer Trunk line which lies within the same proposed easement as SDG&E's pipeline 2000 project high pressure gas line. On 2/27/96, Council approved a Joint Use Agreement and a Joint Construction Agreement with SDG&E for the joint use of an easement in Salt Creek and construction of the sewer line by SDG&E as part of their gas line project. Staff recommends approval of the resolution. (Director of Public Works and Director of Planning) 4/5th's vote required. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 22. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. 23. MAYOR'S REPORTIS) a. Current City Council Committee assignments. 24. COUNCIL COMMENTS Councilmember Rindone a. Scheduling of meeting, considering further Solid Waste Transfer Station Agreement. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 23, 1996 at 6:00 p.m. in the City Council Chambers. A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. Agenda -7- April 16, 1996 ***** CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and tkliberote on the foUowing items of business which are permitted by law to be the subject of a clased session discussion, and which the CouncU 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 jjngJ 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 terminated at this point in order to save costs so that the CouncH's return from clased sesslan, reports of jjngJ action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken wUl be recorded ln the minutes which wiU be available in the City Clerk's Office. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . SNMB. L.P. vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 . Tiger Development Two Bankruptcy. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.9 . Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista, CA. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** April 10, 1996 FROM: The Honorable Mayor and City counci~GJ John D. Goss, city Manager~ ~~1 city council Meeting of April 16, 1996 TO: SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, April 16, 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 9, 1996. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~~~ ~:: .-...::~~.-...: .......~""""-::;... ~~~- CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: April 11, 1996 From: The Honorable Mayor and City coun~1J Bruce M. Boogaard, city Attorneyt01[) Report Regarding Actions Taken in Closed Session for the Meeting of 4/9/96 To: Re: The city council met in Closed Session to discuss pending litigation re Fritsch v. the City of Chula Vista~ Christopher v. the City of Chula Vista, Chula vista and nine other cities v. The County of San Diego regarding trash litigation; prospective litigation involving park issues with EastLake Development Company; the purchase of property from R. E. Hazard Contracting Company at 1855 Maxwell Road; and Tiger Two (Baldwin) Bankruptcy--Motion for Relief from Stay to Process SPA I. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session of April 9, 1996, there were no actions that are required to be reported under the Brown Act. BMB:lgk C:\lt\clossess.no ~"I 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 '/~'i PI:I5I{.(r&.r!uRoc)dOOP~ COUNCIL AGENDA STATEMENT ITEM TITLE: /? Item //,' .,' ,. '-"0 .. '///, Meeting Date -it9/96/ v '7/ .24.~1 ' '..'- fV' Ordinance - Amending Chapter 3.48 of the Clluta Vista Municipal Code to Permit the Refinancing of Regional Uulity Projects upon a Finding of City Benefit "'0:') ,., . ...J Resolution 18'.2~tng a Refin:ce Participation Fee at .25 Percent of the Principal Amount for the Proposed SDG&E Industrial Development Bond Refinancings, Payable at the Time of Issue Afi . I . \' ~ (~. ~ \ ,d 1 w" J SUBMITTED BY: City Attorney Ga6-~ ~ Director of Finance /)4 REVIEWED BY: City Managerf! (4/STHS Vote: Yes_No-XJ .. San Diego Gas & Electric Company ("SDG&E") has requested that the City take the necessary steps to become legally able to assist them in refinancing two series of Industrial Development Bonds (IDBs) , similar to the financing the City did for SDG&E in 1992. SDG&E is f simultaneously working with the City of San Diego on the same two refinancings, and intends . to make a decision further along in the process as to which city will be asked to do each of the two refinancings. While Chapter 3.48 of the Municipal Code currently authorizes the City to issue revenue bonds to finance projects of this nature, it doesn't specifically provide for the refinancing of bonds that were originally issued by another City, in this case the City of San Diego. The attached ordinance amends Chapter 3.48 to include language to permit the refinancing of bonds originally issued by another municipality, as long as the refinancing meets the criteria that City interests would be served by the refinancing. RECOMMENDATION: Adopt the attached ordinance which permits the City to issue revenue bonds to refinance industrial development bonds originally issued by another municipality, when the refinancing provides benefit to the City. Adopt the resolution setting a refinancing participation fee for the two proposed series of IDBs. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: SDG&E has submitted a request to work with the City to qualify Chula Vista to possibly refinance two series of IDBs that become callable in the near future. SDG&E is simultaneously going through the process to quality the City of San Diego for the same refinancing. Their intention is to leave their options open as to which city will be requested to do the actual refinancing, based on what they think is best for them at that time. SDG&E will pay all costs associated with this effort including City of Chula Vista staff time, any administrative expenses, and outside legal costs. The City has an outside legal counsel representing the City's interest as part of this process. !I~I// t -/ (' Page 2, Item -'-L Meeting Date 4/9/96 Any bonds issued by the City on behalf of SDG&E will be limited obli~ation revenue bonds and will not constitute an indebtedness against the general credit or taxing power of the City or the " State of California. Payment of the bonds will be solely from and secured by a pledge of revenues to be received from SDG&E pursuant to a Loan Agreement to be entered into prior to the issuance of any bonds. In 1992, the City issued $250 million in lDBs to finance projects for SDG&E. Besides paying for City staff and administrative costs, SDG&E paid the City a one-time fee of .25 percent of the principal amount of the bonds or $625,000. SDG&E also reimbursed Chula Vista staff time, administrative costs and all bond counsel costs. The two refinancings that are the subject of the current request are for $81.35 million and $25 million. The resolution under consideration sets the fee for these two refinancings at that same .25 percent rate charged in 1992. As charter cities, San Diego and Chula Vista are the only two cities that SDG&E is dealing with on these refinancings. The City of San Diego charges to SDG&E have been .25 percent of the initial issue (the same as Chula Vista) plus staff charges (which have been a minimum of $20,(00) and an annual administrative fee of .025 % of the outstanding bonds for the life of the issue. City of Chula Vista staff is not recommending an annual administrative fee since there is no ongoing requirement of Chula Vista staff involvement once the bonds are issued. The County of San Diego also charges .25 percent initial fee with no annual administrative fee for IDB financings. When SDG&E chose to do the lDB financing with Chula Vista in the past, they did so on the basis that the fees were less expensive and the process less cumbersome than the City of San diego process. By setting the fee at this time, SDG&E will know in advance what the City charges, and we don't put ourselves in the position of appearing to be in competition. ~ i There are several steps required to qualify Chula Vista to do the refinancing, with a very tight schedule for the first refinancing, the $81.25 million issue. The steps and time frame are: I. Apr 9 First reading of Bond Ordinance 2. Apr 16 City Council adopts Bond Ordinance to allow refinancings (second reading) 3. May 17 Bond Ordinance becomes effective 4. May 21 City Council Adopts Bond Resolution giving preliminary approval for the issuance and sale of bonds 5. May 23 SDG&E Files complaint for Validation Action in Superior Court (required for the City to do refinancing) 6. Aug 12 Approx. end of court proceedings - SDG&E makes final determination of which city will proceed with the first refinancing 7. after Aug 12 - If SDG&E decides to proceed with the City of Chula Vista, City Council adopts Resolution to approve the Official Statement, Bond Purchase Agreement and the specifics of bond financing 8. Sept 3 Refinancing bonds issued to refinance the $81.35 million issue )bY j-c2 Page 3, Item 1/ Meeting Date 4/9/96 i There is a possibility that a delay at any stage could take Chula Vista out of consideration for the refinancing of the $81. 35 million issue. The greatest unknown in the process is the Validation Action in court. This is a decision in Superior Court that it is within the "municipal affairs" of the City to do the refinancing. For the 1992 IDB issue, a similar process took 96 days in court. There is no way of knowing whether the time frame will be similar this time. The second refinancing of $25 million is scheduled for June 1997. There is also the potential for future IDB refinancings that the proposed ordinance changes will facilitate. Attached is a letter received from the City of San Diego expressing their displeasure with Chula Vista contemplating these refinancings with SDG&E. FISCAL IMPACT: SDG&E will reimburse the City for any staff costs and administrative expenses associated with this process whether or not Chula Vista ultimately does the refinancing. SDG&E also pays all legal counsel, financial advisors and bond issuing costs directly, including counsel representing City of Chula Vista interests. Per the participation fee set by the resolution, ifChula Vista does the refinancing, the fee would be $203,375 for the $81.35 million issue and $62,500 for the $25 million issue. Any fees paid would be revenue to the City's General Fund. Attachments: Ordinance City of San Diego letter dated April I, 1996 rlD:\data\mcmotl\dim:tor\adge4. J 13 p~ ,Ire,}; ). - tf St.CO~O RE.AO\l'~G ~~O ORDINANCE NO. ~ J," , ~<S" - r-~'\' ~ " ~ ~>'~ AN ORDINANCE AMENDING CHAPTER 3.48 QF ,'tHE CHULA VISTA MUNICIPAL CODE TO p~ THE REFINANCING OF REGIONAL UTII..IJ'V~IWJECTS UPONAFINDINGOF~~nT p..QOfl1\ON WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city duly organized and existing under a charter (the "Charter") pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Article XI of the Constitution of the State of California (the "Constitution") and Section 200 of the Charter; ~ WHEREAS, Chapter 3.48 of the Municipal Code of the City (the "Municipal Code") authorizes the City to issue bonds for the purpose of financing or otherwise assisting the acquisition of projects located within the City to promote the health, safety and welfare of the City, to encourage industrial and commercial development within the City and to enhance the financial resources of the City; WHEREAS, the City Council of the City has heard public testimony and reviewed written materials, which together with the personal knowledge of the members of the City Council, evidence the need for the City to provide financial assistance with respect to regional gas transmission and distribution facilities and electric generation, transmission and distribution facilities in order to promote the aforementioned City interests; WHEREAS, the City Council of the City, acting under and pursuant to the Constitution and the Charter, finds and determines that the public interest and necessity require the adoption of this ordinance to authorize issuance of revenue bonds for the purpose of refinancing regional gas transmission and distribution facilities and electric generation, transmission and distribution facilities and that providing such assistance constitutes a municipal affair of the City; NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: 4-q-9b h-/ THE CITY OF SAN DIEGO ClVlCCENTERPLAZA . 1200 TH1RDAVENUE . SUITE 1620 SAN DIEGO, CAUFORN1A 92101 - 41 78 . TELEPHONE. (619) 236-6039 FAX: (619) 236-6512 ECONOMIC DEV'ELOPME!\T SERVICES April 1, 1996 Mr. Robert Powell Director of Finance City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 RE: outstanding City of San Diego 1'86 and 1'87 Industrial Development Bonds (IDB's) Dear Mr. Powell: I am writing to express strong concern regarding San Diego Gas & Electric company's (SDG&E) reported attempt to instigate one or more refundings by the City of Chula Vista of the above-mentioned debt obligations of the City of San Diego. Such an action would clearly place the city of Chula Vista in the position of improperly infringing upon the municipal affairs of the city of San Diego, and I therefore respectfully request that the city of Chula vista immediately and permanently suspend all proceedings regarding this SDG&E-proposed action. SDG&E's proposal attempts to establish a dangerous precedent: enabling IDB borrower firms to play one jurisdiction against another to extract exceptional refinancing terms. I assure you that the City of San Diego has no desire or intent to refinance outstanding city of Chula vista debt previously issued for the benefit of SDG&E. I correspondingly do not believe that Chula vista officials desire to initiate a "bidding war" over outstanding City of San Diego debt Obligations. As I recall, in 1992, the City of Chula vista set its bond origination fee at the same level as San Diego's in part in order to avoid any such situation, and the city of San Diego did not object to Chula vista's 1992 new money issues. 11-..1" / ~ ,- ~,~ ~ ~ ;,f I DIVERSITY BP'.~:;S us A~l iOGE" April 1, 1996 Mr. Robert Powell Page Two I You may also be interested to know that, in accordance with San Diego city Council Policy 100-12, lOB origination fee revenues are reinvested in other economic development efforts. Many of these activities (e.g., Regional Technology Alliance programs) have had regional benefits: half the loans approved to date by the EmTek Seed Capital Fund, for example, have been to San Diego County companies located outside the City of San Diego; in fact, EmTek's first loan was to a Chula vista company I If, as I confidently expect, the City of Chula vista wishes to continue to cooperate with and support our regional economic development efforts, the SDG&E proposal should be firmly declined. If, however, the city of Chula Vista opts to proceed with the judicial validation process proposed by SDG&E, the City of San Diego has identified a number of legal options which may be available. Please do not hesitate to contact me at 236-6550 with any concerns or questions, or if I can provide additional information. I am seeking a prompt and definitive resolution of this matter and look forward to our continued collaboration in pursuit of mutual regional economic development objectives. Sincerely, --/' / ---= --.;1 (' /~'----"~,- .' Kurt A. Chilcott Community and Economic Development Manager ~ ~ .........-- I/::.f,/ ? ~? ...-- SECTION 1. That Section 3.48.010 of the Municipal Code be and hereby is amended in its entirety to read as follows: 3.48.010 Fmdings aod Determinations. The city council finds and determines as follows: A. The full employment of residents of the city, and the prevention of unemployment and underemployment of such residents, serves a vital and compelling public interest of the city and promotes the public health, safety and welfare of the city by reducing the incidence of crime, improving the mental and physical health and well-being of the city's residents, alleviating the financial drain upon limited public and private resources for welfare programs and unemployment assistance, and enhancing the fmancial resources of the city. B. The encouragement of industrial and commercial development within the city serves a vital and compelling public interest of the city and promotes the public health, safety and welfare of the city by increasing the employment of residents of the city, increasing the tax and revenue base and thereby enhancing the financial resources of the city, and preventing physical deterioration and abandonment of industrial and commercial areas within the city. In addition, the city's participation in the financing of such development serves the public interest by ensuring that such development will reflect the needs and objectives of the community more so than if such development were undertaken without city participation. ~, .~~ C. Basic utilities such as gas, water and electricity are necessities of life, essential to public health, safety and welfare and to industrial and commercial development within the city. City assistance in financing and refinancinl: improvements to gas, Sill! water lIRe eleetrieity transmission and distribution systems and electricity I:eneration. transmission and distribution systems throughout the region will reduce the costs of providing such utility service within the city and thereby reduce the rates of providing such rates to be paid by industrial, commercial and residential utility customers within the city. The city's participation in such financing and refinancinl! also RSStlreS ensures that the city's future gas, water and electricity requirements will be served as regional growth places heavier demands on such services. D. Encouraging industrial and commercial development and the provision of basic utilities pursuant to this chapter (1) will promote the health, safety and welfare of the city, including those public interests enumerated above, and will improve the social, moral, economic and physical condition of the community thereby, and (2) constitutes a municipal affair of the city, a valid exercise of the police powers of the city, and a public purpose in which the city has a peculiar and unique interest. 2JM--X t -;t I SECTION 2. That Section 3.48.020 of the Municipal Code be and hereby is amended in its entirety to read as follows: 3.48.020 Defmitions. Unless the context otherwise requires, the following definitions shall govern the construction of this chapter: A. "Acquisition" and its variants means acquisition, construction, improvement, furnishing, equipping, remodeling, repair, reconstruction or rehabilitation. B. "Administrative expenses" means all reasonable and necessary expenses incurred by the city in the administration of the provisions of this chapter with respect to a particular project and the financing or refinancinl! thereof, including without limitation compensation to city agents, employees and staff, fees and expenses of paying. agents, trustees, bond counsel and financing consultants, and costs of printing and advertising. C. "Bonds" means any bonds, notes, interim certificates, debentures or other obligations issued either by the city pursuant to this chapter, or by any other le~aI entity for Dumoses rermitted by this chaDter, which oblil!ations are payable exclusively from revenues and other funds permitted by the apDlicable law under which such obligations were issued or entered into. D. "City" means the city of Chula Vista, California, a chartered city in the state existing under and exercising powers pursuant to the city charter and the constitution of the state. E. "City charter" means the charter of the city, as amended from time to time. F. "City council" means the city council of the city. G. "Costs" means, with reference to a project, any or alJ of the following costs incurred for the acquisition or financinl! thereof: 1. Obligations of the participating party incurred for labor and materials in connection with the acquisition of the project; 2. The cost of acquisition of any property, whether real or personal and improved or unimproved, including franchise tights and other intangible property, and any interests therein, required for the acquisition of the project; 3. The cost of demolishing, removing or relocating any building or structure, and the cost of making relocation assistance payments required by law; 3 ~L.. '7 4. The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition or financine of the project; i! 5. All costs of engineering, legal and consultant services, including the costs of the participating party for surveys, estimates, plans and specifications and preliminary investigation therefor, and for supervising construction, as well as for the performance of all other duties required by or consequent upon the proper acquisition of the project; 6. All costs incurred in connection with proceedings by the participating party necessary to comply with the California Environmental Quality Act of 1970, as amended; 7. All amounts required to fund any reserve funds for bonds and any interest on bonds becoming due and payable during a period not exceeding the period of acquisition of the project and twelve months thereafter; 8. All administrative expenses; 9. All costs which the participating party shall be required to pay, under the terms of any contract or contracts, for the acquisition or financinl! of the proj ect; 10. The refinancing of existing indebtedness secured by an interest in any real property comprising any portion of the project, so long as and to the extent that such refinancing does not cause interest on the bonds to become taxable under Section 103 of the Internal Revenue Code of 1954, as amended; i .lL. All costs incurred in connection with the refundine of any bonds issued with respect to a proiect: and, .lL Any sums required to reimburse the participating party for advances made for any of the above items or for any other costs incurred and for work done which are properly chargeable to the project. H. "Exempt organization" means an organization.described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. I. "Finance" and its variants. includine without limitation refinance and refinancinl!. mean5 the lending of moneys or any other thing of value, or the purchase of loans or the entering into of leases or installment sale agreements, for the purpose of: 1. Paying or otherwise providing for or assisting the payment of any or all of the costs of a project pursuant to this chapter; or 4 IJA--'r b - /0 2. Providing funds to be used as working capital or otherwise for general expenditures of exempt organizations pursuant to this chapter; J. "Participating party" means any person, corporation, partnership, firm or other entity or group of entities requiring financing for the acquisition or refinancim! of a project pursuant to this chapter. K. "Project" means real property improved with an industrial~ ef commercial or utility structure, including but not limited to real property to be used by an exempt organization in connection with its authorized purposes, and all property in connection therewith or incidental thereto, including all machinery, equipment and furnishings, the acquisition or refinancine: of which is financed or otherwise assisted pursuant to this chapter; provided, however, that no project to be financed or refinanced may be located outside the city unless the city council shall find and determine that such project would directly benefit the citizens of the city by substantially promoting one or more of the public interests recited in Section 3.48.010. Project also includes qualified residential rental property as described in and within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended, and regulations and rulings promulgated thereunder, including all property in connection therewith and incidental thereto. L. "Ordinance" means Ordinance No. 1970, passed and adopted by the city council of the city on February 9, 1982, pursuant to the City Charter as amended from time to time. M. "Revenue" means, with respect to a project, all amounts received as repayment of principal, interest and all other charges received for, and all other income and revenue (including the proceeds of insurance) derived by, the city in connection with such project, and any receipts derived from the investment of such income or revenue, including moneys deposited in a sinking, redemption or reserve fund or other fund to secure the bonds or to provide for the payment of the principal of or interest on the bonds and such other moneys as the city council may in its discretion make available therefor. N. "State" means the state of California. SECTION 3. That Section 3.48.030 of the Municipal Code be and hereby is amended in its entirety to read as follows: 3.48.030 Powers. The city is authorized and empowered: A. To determine the location and character of any project to be financed or refinanced under the provisions of this chapter and to finance or refinance such projects; 5 jJA,5 ~ ~I/ B. To issue bonds: 1. For the purpose of financing or otherwise assisting the acquisition of projects authorized by this chapter, or 2. For the purpose of providing funds to be used as working capital or otherwise to finance general expenditures of exempt organizations, or 3. For the purpose of funding or refunding bonds issued by the citv or any other le~al entity for pUl1'Oses permitted by this chapter; C. To fix fees charges and interest rates for financing any project, and to revise such fees, charges and interest rates from time to time, and to collect interest and principal on any loan made to a participating party together with such fees and charges incurred in such financing, and to contract with any person, partnership, association, corporation or public agency with respect thereto; D. To hold deeds of trust as security for financing any project and to pledge the same as security for repayment of bonds issued therefor; E. To establish the terms and conditions for the financing of any project undertaken pursuant to this chapter; F. To require that the full amount owed on any loan for the financing of a project pursuant to this chapter shall be due and payable upon sale or other transfer of ownership of such project; G. To acquire by deed, purchase, lease, contract, gift, devise or otherwise, any real or personal property, structures, rights, rights-of-way, franchises, easements, mortgages and other interests in property located within the state necessary or convenient for the financing or acquisition of a project, upon such terms and conditions as it deems advisable and to lease, sell or dispose of the same in such manner as may be necessary or desirable to carry out the objects and purposes of this chapter. Notwithstanding the foregoing, nothing in this chapter is intended or shall be construed in any way to authorize any exercise of the power of eminent domain with respect to any project; H. To employ or contract for such engineering, architectural, accounting, collection, economic feasibility or other services in connection with the servicing of loans made to participating parties, as may be necessarj' in the judgment of the city council for the successful financing of a project. The city may pay the reasonable costs of consulting engineers, architects, accountants, construction experts and economic feasibility experts, if, in the judgment of the city council, such services are necessary to the successful financing of a project and if the city is not able to provide such services. The city may employ, contract for, and fix the compensation of financing 1 6 ~/:;~/2 consultants, bond counsel and other advisors as may be necessary in its judgment to provide for the issuance and sale of bonds; 1. In addition to all other powers specifically granted in this chapter, to do all things necessary or convenient to carry out the purposes of this chapter. SECTION 4. That the city clerk is hereby authorized and directed to cause a digest or a copy of this ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen days after the passage of this ordinance pursuant to Section 312 of the Charter. SECTION S. This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by Robert Powell, Director of Finance c: \or\chap .348 7 //4'7 6/} -- 1~~6 STUART H. SWETT SlNlOJl. ClllEf DS'1JTY em AT1"ORNU OPFIC!! OF THE CITY ATTORNEY CITY OF SAN DIEGO John W. Witt TED BROMFIELD LESLIE 1. GIRARD HAROLD O. VALDERHAUO onr.r DDP1JTY CITY ATTORNP:Y$ CTrY ATTORNEY CITY ADMINISTRATION BUILDING 201 'C' STIIEET SAN DIBOO. CALII'ORNIA 9210\.3863 TELBPIIONB (619) 23606220 PAX (619) 236-7215 10HN M. KAHENY ASSlS'TANT an ATrORNEY CASEY G, GWINN PRINCIPAL ASSISTANT 1'071111 CITY A'M'OItNEY April 16, 1996 Honorable Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Honorable Mayor and City Council: City of San Diego Opposition to Proposed City of Chula vista Refunding of Outstanding Industrial Development Bonds Issued by The City of San Diego for the San Diego Gas & Electric Comn&nv The City Manager has requested this office to express the City's opposition to Chula Vista's ordinance on its April 16, 1996, consent agenda approving a refunding by Chula Vista of San Diego Gas & Electric Company industrial development bonds issued by The City of San Diego. To our knowledge, no city in California has previously refunded bonds issued by another city. The concept seems clearly inconsistent with the legal proposition that the issuing city make appropriately public purpose findings and that the issuance be a legitimate "municipal affair" in order to initially issue the bonds. In addition, it is unclear how such bonds could be refunded without a hearing by the City of San Diego, even if the City of San Diego concurred in your proposal. In our fact situation, the City of San Diego made such findings and authorized the issuance of the various industrial development bonds for SDG&E. It is our understanding that the proceeds of the bonds have been used for the public purpose improvements identified in the bond documents. At this point, SDG&E is merely attempting to obtain a lower interest rate through a refunding and issuance 'of the bonds for the very improvements which have already been built. It is also our impression that the sole reason SDG&E has approached the City of Chula Vista and requested your city, rather than the City of San Diego, to refund our bonds c;,-j!5 Mayor and City Council ~2- April 16, 1996 is that SDG&E feels that a reissuance through your city may be less expensive. The City of San Diego strongly objects to this proposal and intends to likewise strongly object in court in the event you proceed with your action and pursue judicial validation of this unique concept. The concept of the beneficiaries of various industrial development bond financings "shopping" from city to city seeking to find a city which will charge the lowest rate for issuance and administration of such bonds when such a refinancing occurs, is inconsistent with the public interest in having the issuing entity continue to administer and monitor the project or projects which were funded by the tax exempt bonds. Furthermore, we do not feel such a transaction constitutes a valid "municipal affair" for the City of,Chula.Vista. We have previously':'expressed the City's opposition to your proposed refinancing of our bonds to your City Attorney and your Director of Finance, and we will continue to vigorously oppose your refunding of our bonds. Therefore, we respectfully request that you not adopt the ordinance before you on April 16 relating to the City of San Diego's industrial development bonds for SDG&E. Than you for your consideration. Sincerely yours, JOHN W. WITT, City Attorney By Harold O. Valderha Chief Deputy City A HOV:ps:4BO.3 cc Honorable Mayor and City Council Jack McGrory, City Manager Bruce M. Boogaard, Esq. William'M. Lofton, Esq. Kurt Chi'lcott Mark Sullivan COUNCIL AGENDA STATEMENT ITEM I MEETING DATE 4-16-96 SUBMITTED BY: Resolution (1) j8;?~~ Amending the FY 95/96 budget to include 1.00 FTE Police Agent Position, subject to continued grant funding, to partici~ate with the United states Customs Serv1ce (USCS) San Diego Air/Marine Narcotics Interdiction Group; accepting and appropriating unanticipated grant revenues in the amount of $65,000 from High Intensity Drug Trafficking Area (HIDTA) grant funds. . f 0 ()~.;./ Ch1e of Po11c~ ITEM TITLE: REVIEWED BY: City Manager0 (4/5th's Vote: Yes x No-1 oJ The Chula vista Police Department has one agent working with the United states Customs service (USCS) at Operation Alliance. Operation Alliance is a coordinated multi-agency drug interdiction unit which services the southwest border area. The agent's position at Operation Alliance is funded through a High Intensity Drug Trafficking Area (HIDTA) grant. As a result of the ongoing success of Operation Alliance, the USCS submitted another HIDTA grant to fund an additional Chula vista Police Agent's position for the Air/Marine group. The grant has been ap~roved and the USCS is now requesting us to fill the posit10n. The USCS Air/Marine group has the sole responsibility for narcotics interdiction via air and sea along the southwest border. RECOMMENDATION: Approve one agent's position for the USCS San Diego Air/Marine Group. Accept the $65,000 in HIDTA grant funds and amend the FY 95/96 budget to include 1.00 FTE Police Agent (salary and benefits including overtime) BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND: The united states Customs Service (USCS) San Diego Air/Marine Group is located with the San Diego Air operations Branch on Coronado Island nine nautical miles from the united States/Mexico border. Staffing consists of one group supervisor, eight agents and one officer. This group has the sole responsibility for interdiction of narcotics via air and sea along the southwest border region. The area of operation encompasses numerous inland -1-1 waterways, harbors, inlets, and a multitude of marinas. Due to the increased effectiveness of "Gatekeeper", it is believed that smugglers are utilizing ship~ing lanes, resulting in a need for the interdiction V1a air and sea along the southwest border. statistical information for the Air/Marine Group for FY '95 and the beginning of '96 include several successful investigations, and cash seizures in excess of two million dollars. The funding through HIDTA is aimed at developing multi- ~urisdictional, cooperative strategies to: A) gather 1ntelligence on dru9 traffickers; B) investigate drug trafficking activit1es; C) arrest persons involved with illegal drug trafficking; and, D) to successfully prosecute those arrested. San Diego and Imperial Counties have been designated as High Intensity Drug Trafficking Areas, due to the volume of illegal narcotics entering the united states through the international border frontier. Application for HIDTA funding is made prior to each federal fiscal year. DISCUSSION: For the past several years, the Chula vista Police Department has enjoyed a favorable working relationship with the uscs. They have been our counterparts in a variety of investigations, including money laundering, homicides, kidnapings, and drug cases. In July of 1994, the police department assigned one agent to operation Alliance under a HIDTA grant. The goal was to help disrupt the illicit drug trafficking activities occurring along the southwest united states/Mexico border within the county of San Diego, giving primary attention to the cases involving the city of Chula vista. Our partici~ation significantly increased arrests and narcotic se1zures among large scale drug traffickers, several of whom were residing in Chula vista. The Operation Alliance position also generates cash and property seizures for the city. Other benefits have included enhanced communication, cooperation, and intelligence networking with other local, state, and federal agencies. Members of CVPD's Narcotics Enforcement Team (NET) have had prior experience working with the uses Air/Marine Group. CVPD's NET and the uses Air/Marine Group were the lead agencies aimed at dismantling an organization responsible for smuggling multi-ton quantities of marijuana into the United states. This extensive investigation, entitled "operation Zodiac" lasted nearly eight months and culminated with the indictments and arrests of approximatel~ twenty five individuals, a majority who were one t1me ehula vista residents. Our participation at Air/Marine would further advance our efforts to deter narcotic traffickers via enhanced inter-agency cooperation. FISCAL IMPACT: The funds from HIDTA will offset the costs associated with having one additional '7 -d-- pOlice agent. HIDTA will specifically reimburse the agent's salary, benefits and overtime. One undercover vehicle from our current fleet will be utilized for this position until approval is made for an additional vehicle in next year's HIDTA grant. ~~~ (~ RESOLUTION NO. 18''''.5',/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 95/96 BUDGET TO INCLUDE 1.00 FTE POLICE AGENT POSITION, SUBJECT TO CONTINUED GRANT FUNDING, TO PARTICIPATE WITH THE UNITED STATES CUSTOMS SERVICES (USCS) SAN DIEGO AIR/MARINE NARCOTICS INTERDICTION GROUP; ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $65,000 FROM HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT FUNDS WHEREAS, the Chula Vista Police Department has one agent working with the United States Customs Service (USCS) at Operation Alliance; and WHEREAS, Operation Alliance is a coordinated multi-agency drug interdiction unit which services the southwest border area; and WHEREAS, the agent's position at Operation Alliance is funded through a High Intensity Drug Trafficking Area (HIDTA) grant; and Alliance, additional group; and WHEREAS, as a result of the ongoing success of Operation the USCS submi tted another HIDTA grant to fund an Chula vista Police Agent's position for the Air/Marine WHEREAS, the grant has been approved and the USCS is now requesting us to fill to position; and WHEREAS, the USCS Air/Marine group has the sole responsibility for narcotics interdiction via air and sea along the southwest border. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby amend the FY 95/96 budget to include 1.00 FTE Police Agent Position, subject to continued grant funding, to participate with the United States Customs Service San Diego Air/Marine Narcotics Interdiction Group; accepting and appropriating unanticipated grant revenues in the amount of $65,000 from High Intensity Drug Trafficking Area Grant funds. Presented by ~ ved as Richard Emerson, Chief of Police Bruce M. Attorney c: \rs\hidta /..1 COUNCIL AGENDA STATEMENT ITEM g MEETING DATE 4/16/96 ITEM TITLE: Resolution IS'Q~< - Endorse in concept the Conveyance of a portion of the SD NTC, known as Camp Nimitz for Use as the San Diego Regional Public Safety Training Institute Chief of Police ~0 SUBMITTED BY: REVIEWED BY: ci ty Manager 9 (4/5THS VOTE: YES___ NO XX) Conveyance of the Camp Nimitz portion of the SD NTC which is currently under review. Two proposals have been submitted for consideration. The first one is a proposal by the City of San Diego to acquire and develop Camp Nimitz for use as the San Diego Regional Public Safety Training Institute. This proposal is supported by Congressman Brian Bilbray, the San Diego County Board of Supervisors, San Diego City Councilman Byron Wear, and the San Diego County Police Chiefs' and Sheriff's Association of which I am the President. The second proposal has been submitted by the Port District for expansion of the airport. This proposal is supported by the Lindbergh Improvement Federation, San Diego Power and Cooling and Qualcomm, Inc. Police staff has reviewed both proposals and believes the 102 acres available can be used to meet both proposers' needs. The compromise solution would provide for a world-class public safety training institute and expansion of the airport. RECOMMENDATION: That the city Council endorse, in concept, the joint use of Camp Nimitz by the City of San Diego and the Port District for expansion of essential airport services and operations at Lindbergh Field and development of a San Diego Regional Public Safety Training Institute. BOARDS/COMMISSION RECOMMENDATION: N/A BACKGROUND: A Joint Powers Agreement (JPA) consisting of Regional Law enforcement and fire agencies and the San Diego Community College District proposes to acquire the Camp Nimitz section of the San Diego Naval Training Center under the Public Benefit ~-I PAGE 2, ITEM MEETING DATE 4/26/96 Reconveyance Plan. The purpose of the proposal is to establish a centralized, state of the art Regional Public Safety Training Institute providing both entry level and advanced education and training for police, deputy sheriffs, firefighters, correctional officers, dispatchers, and emergency medical technicians throughout San Diego County including state, national and inter-national users. The Port District also proposes to acquire Camp Nimitz for expansion of Lindbergh Field. The Port District plans to use the land primarily for vehicle and aircraft parking as well as future gate expansion to the terminal now under construction. This will provide for a partial temporary solution to airport expansion problems. Lindbergh Field is presently nearing 100% capacity due to its single runway. PREVIOUS COUNCIL ACTION: The City of Chula vista has been active on the airport issue since 1990, mainly in opposition to Twinports. In June, 1992, 83% of city voters voted "No" on Proposition H, an advisory vote on whether or not a bi-national airport should be located on Otay Mesa. In June, 1994, the City Council and 55% of the voters supported a Countywide advisory measure to relocate the airport to Miramar should that site no longer be critical to the military. During the entire airport debate, the City has been maintaining Lindbergh Field as the region's airport. also supported allowing for Lindbergh's reasonable expansion until such time as an alternative airport agreed upon by the region. supportive of The city has and necessary site might be DISCUSSION: It is staff's belief that the San Diego region can have both an expanded airport and a Regional Public Safety Training Institute. If both parties reach a compromise solution, both proposals could co-exist creating a win-win situation. The 102 acres at Camp Nimitz can accommodate airport expansion so that airport operations will not be impeded as well as a Regional Public Safety Training Institute. Additionally, the General Dynamics/Convair site adjacent acreage can provide for expansion of the airport to include a new taxiway, terminal and parking. Locating the Public Safety Training Institute on Camp Nimitz, along with additional vehicle and aircraft parking, in addition to expanding the ~~d- PAGE 3, ITEM MEETING DATE 4/16/96 airport to accommodate the needed taxiway, terminal and parking on the Convair site and adjacent property would create the greatest economic impact for the region. Environmental and aesthetic impacts would be positive and beneficial to the region. Preservation and expansion of the Least Tern colony habitat can be accomplished. Eight acres of the site can be used for the Metro Waste Water Department, in partnership with San Diego State University, to construct a water testing and treatment laboratory adjacent to the boat channel. Economic benefits to the region would include creation of permanent and immediate construction jobs, generate additional revenues and provide for 17 acres for a first-class hotel to serve both the public and out-of-town institute students and their families. The hotel will generate transient occupancy and sales taxes for the region. The region will receive a significant benefit with the development of the San Diego Regional Public Safety Training Institute. Expansion of existing entry level training will be augmented at the local, state and federal level with advanced specialized training being offered to our region. This is also a more cost effective method with an enhanced delivery of service. The Chula Vista Chamber of Commerce has reviewed both proposals and reached a consensus to encourage both parties to work together and reach a consensus to provide for both the Regional Training Institute and airport expansion. A copy of the Chamber's letter is attached for your information. FISCAL IMPACT: Support of this proposal results in no fiscal impact to the general fund. ~-3 RESOLUTION NO. 1(5'45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING IN CONCEPT THE CONVEYANCE OF A PORTION OF THE SD NTC, KNOWN AS CAMP NIMITZ FOR USE AS THE SAN DIEGO REGIONAL PUBLIC SAFETY TRAINING INSTITUTE WHEREAS, conveyance of the Camp Nimitz portion of the SD NTC is currently under review; and WHEREAS, consideration: two proposals have been submitted for (1) A proposal by the City of San Diego to acquire and develop Camp Nimitz for use as the San Diego Regional Public Safety Training Institute. (2) A proposal by the Port District for expansion of the airport. WHEREAS, Police believes the 102 acres proposers' needs; and staff has reviewed both proposals and available can be used to meet both WHEREAS, the compromise solution would provide for a world-class public safety training institute and expansion of the airport. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby endorse in concept the conveyance of a portion of the SD NTC, known as Camp Nimitz for us as the San Diego Regional Public Safety Training Inst' u e. fO'] Presented by Richard P. Emerson, Chief of Police Bruce M. Boog Attorney , city C:\rs\nhitz y,~ i i I, AN INVESTMENT IN THE FUTURE ,-- ( \ ,\ 0~"" '- CHITLA VISTA CHAMBER OF COMMERCE ACCREDITEe :ou-.. Of' =-"'f.-c:r. April 12, 1996 ,........,,--.... ,................. The Honorable Susan Golding Mayor, City of San Diego Chair of the Base Reuse Commission BOARD OF DIRECTORS 202 C .Street P 'd San Diego, CA 92101 reSI ent Chris Lewis President Elect Dave Ward Vice Presidents: Patricia Barnes JoAnne'Clayton Gary Nordstrom Brad Wiison Members: Renee Bute Jose Doria Mike Green Susan Hemey Dan Higgins Tom McAndrews Berta Mensik Len Moore Scott Mosher Robert Penner, MD Ben Richardson Frank Scott Mary Anne Slro Bob Thomas Jon Ulsh Executive Dlrector/ Rod Davis Dear Mayor Golding: Chula Vista is the fastest growing and second largest city in the San Diego region. Our business community is always concerned with ensuring that our region has an airport that will serve our individual and corporate needs well into the next century . Similarly, we as a business community regard public safety as a key issue for business success. People live, shop and work where they feel safe. In this regard, we are supportive of the San Diego Regional Public Safety Institute. The cost savings to our individual communities and to our region by having the very best training facilities available locally is a real advantage. We have had the opportunity to listen to Port Commissioner David Malcolm and to Chula Vista Police Chief Rick Emerson. It is the opinion of the Chula Vista Chamber that both the airport expansion and the Public Safety Institute can co-exist on the former NTC property. The benefits to the community will be tremendous. Consensus and creative thinking will be required by personnel who are dedicated to fmding a way to make this project work. We strongly urge the Base Closure Commission to support the transfer of the NTC property to the Port of San Diego, and we further urge the Port to immediately enter into a contractual relationship with the Public Safety Institute to ensure the co- usage of subject property. ~, Sincerely, Chula Vista Chamber of C07rce -]/ / ~~4~,iI.!'~ Christopt(er H. Lewis i -; President pc: County Board of Supervisors City Council, City of San Diego Mayor and City Council, City of Chula Vista POrt of San Diego Linda M. Geldner, RA., Base Closure Manager Rick Emerson, Chula Vista Chief of Police 2 3 3 F 0 U A T H A V E N U E . C H U l A \/ 1ST .\, C A L I F 0 A N I A .) 1 9 1 0 . i::: L. (6 1 9) .t 2 ~ . 6 ~ 0 J 1-S A'l"l'Al:IiMJ;:;N'1' fl ..... ....; i i i Ii ~ ;~ . Z <t -l Q.. o t- Z o ) , -) :) {,,'-"'; c- :-r: '~7 E-< :::> E-< H E-< UJ Z H y " Z H Z H ~ E-< >< E-< W ~ ,,; UJ U H H P4 ~ ~ H ,,; Z o H " W ~ o " W H Q Z ,,; UJ ~ -- . .,--::'~, ~\ ,,~ ~'. ,,"0. "~ - '--. :.,~:-;~..,,~~> l,'~ ': ,~.r~f~'''';. .. ~:~ ..1 " .. "I- i' ''', ~ "y~ . ....,.--\~~I. \';., :'.-t~ 1 i / ~ \ '.' '\ '" g .' , ., -; ,,' :::r \ " \ :'\ ~ ..1., .2 ''0- \.-->--;::: -: U ~\ \ 1", /'::- -, - "1 - -, ' "~II '1,! - 'I \, \.[.... -",- "10.' 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" ----------=-- . ~ ", " 'I 7 0- f'~ SUPPLEMENTAL REPORT TO THE PROPOSAL TO CONVEY THE CAMP NIMITZ SECTION OF SAN DIEGO NAVAL TRAINING CENTER TO THE CITY OF SAN DIEGO FOR DEVELOPMENT OF ATTACHMENT u THE SAN DIEGO REGIONAL PUBLIC SAFETY TRAINING INSTITUTE April 2, 1996 I. INTRODUCTION Camp Nimitz combines a number of unique and critical features which together provide a OIill-time, non-replicable opportunity to develop a world class Regional Public Safety Training Institute in San Diego, The benefits of Institute development to the San Diego region will include: . A comprehensive physical facility and curriculum meeting virtually all of the basic and advanced training needs of local public safety personnel; the opportunity to develop coordinated, cooperative and creative inter-disciplinary approaches to incidents of major and minor proportions; and vastly expanded and enhanced public safety services to the residents of San Diego County with no added burden to taxpayers. . An internationally recognized training center with unique resources unavailable elsewhere, centralized location, ease of access, and on-site accommodations to support entrepreneurial training of other municipal, state, federal, multinational and private sector personnel. . The opportunity to retain the use of critical existing resources which have helped to make San Diego a model for public service providers. . Resources to support a national center for technological innovation in communications, safety, transportation, hazardous materials management, weaponry, education and training, which will expand San Diego's reputation and attract vital new industry. . Multiple areas of compliance with the criteria of the Tidelands Trust, and enhancement of environmental features. . Expanded ability of the Community College District to provide affordable education, enhance the work force, and support new industry. . Minimal noise, traffic or environmental impact on the area, which has resulted in strong support from local residents. . Access to State and federal grant funds for technology reinvestment, community college development and Crime Act funding. Public safety training has reached a crisis point in San Diego. The basic law enforcement academy at Miramar College is at full capacity. All fire training has already moved to Camp Nimitz, and has nowhere else to relocate. Miramar College is over capacity and cannot proceed with long-range development until the law enforcement academy relocates. The Institute will serve the needs of 11,000 public safety personnel county-wide, including: 4,464 Police Officers, Deputy Sheriffs and Corrections Deputies; 2,595 Firefighters (599 of whom are also 'I' y.r Paramedics); 299 San Diego Police, Fire and Sheriff Communications personnel; 65 San Diego Lifeguards; 302 San Diego County Marshals; 174 District Attorney and Welfare Fraud Investigators; 309 Deputy Probation Officers; 375 Police and Sheriff Reserve Officers; 1,622 San Diego Sheriff and Police Volunteers; and 675 Child Protective Services personnel. II. UNIQUE FEATURES AVAILABLE ONLY AT THE CAMP NIMITZ FACILITY For many years San Diego public safety personnel have researched potential sites throughout the county, and found that none provides the basic requirements for a comprehensive, revenue generating, first class facility. Camp Nimitz provides the only immediate opportunity for meeting the tniining requirements of San Diego public safety personnel. Such an opportunity is unlikely ever again to present itself for the rapid development of an all-encompassing training site. A unique combination of features at Camp Nimitz presents an opportunity for San Diego to develop a Regional' Public Safety Institute unparalleled in the Western United States or the Pacific Rim. These include: . Existing Facilities Available for Immediate Use: Conveyance of Camp Nimitz for the San Diego Regional Public Safety Training Institute will ensure the immediate use and preservation of the majority of existing structures, as encouraged by the Department of Defense. San Diego basic and advanced Firefighter training is presently conducted at Camp Nimitz. .Law enforcement training will be relocated in phases beginning immediately upon recommendation by the City Council for conveyance of the property to the Institute. . Adjacency to Water: No other location will accommodate the water-related training needs of local, state, federal and private users. The site is accessible by channel to harbor patrol, fireboats, and many private craft, and is convenient for Coast Guard, cruise and merchant lines. Critical practical training can be conducted in the channel. In addition, participation of the Metro Waste Water Department in constructing the water testing laboratory is dependent upon adjacency to San Diego Bay. . Fire Simulator: The $22 million fire simulator in use on Camp Nimitz is one of only 19:in the world. Twelve are operated by the U.S. Navy and one is operated by the FAA. Six are operated by non-federal government agencies, all on the east coast. The simulator is adapted to both shipboard and land structure firefighting, confined space, search and rescue training. Organizations from throughout the Pacific Rim express interest in utilizing the simulator on a fee basis. In 1995, with no marketing or promotion, the simulator drew revenue in excess of $50,000 from outside users. It is critical that fire training be presented in an integrated manner. A stand alone simulator located miles from other training facilities has no value as a training tool. The cost and inconvenience of staffing, operation, maintenance, travel and liability of retaining the simulator at Camp Nimitz, with other core training facilities located elsewhere, cannot be sustained by the San Diego Fire Department. If Firefighter training must leave Camp Nimitz, the simulator and all potential revenue and savings will be lost, probably permanently. The $22 million cost to replicate the simulator at an alternate location is so prohibitive as to make this prospect unlikely. . Proxinlity to Mass Transit: Federal agencies have expressed almost universal interest in the availability of a quality training institute at Camp Nimitz. This interest is based to a large extent upon the proximity to Lindbergh Field, convenience of ground transportation, and the availability of on-site lodging. These factors will be an obvious draw to other jurisdictions and private corporations as well. ')' .~. d /1 .. 'j ~ , . Topography and Surrounding Environs: The Camp Nimitz parcel is of ideal size and configuration for this major facility. It also provides a unique environment for the Emergency Vehicle Operation Course, which will be another major source of revenue. Use of the driving course at Miramar College is limited by the potential for noise disturbance to surrounding neighbors. The EVOC course on Camp Nimitz is buffered on all sides by water, surface roads, the airport and MCRD, facilitating night driver training which is unavailable at Miramar College. The U.S. Fish and Wildlife Service indicates that the portion of the property which comprises the Least Tern habitat may be used for off-road driving training during the seven months of the year that the species is off-site. . Aircraft Firefighting Training: New FAA requirements mandate increased levels of aircraft firefighting training for all airport personnel nationwide. This training is unavailable elsewhere in the region. A propane generating system, critical to the training, exists on Camp Nimitz. The site is also uniquely suited to this training because of its immediate proximity to the airport. III. COST SAVINGS RESULTING FROM THE CONVEYANCE . Facilities Construction, Planning, Design and Land Savings: The value of resources on Camp Nimitz which are PRESENTLY IN USE by San Diego public safety personnel is in excess of 535 million. The value of the existing buildings on Camp Nimitz is estimated at $51 million. The Navy will not release information on the value of the land. Environmental, planning and facilities design studies specific to the site have been completed at a cost of $20.000. Similar studies for an alternate site could be substantially higher. The cost to develop Camp Nimitz to State and federal Regional Public Safety Training Institute specifications will be approximately $25 million, all of which will be recaptured through revenue identified in the original application for public benefit conveyance. The facility will be put to immediate use, with full development anticipated in seven years. Revised estimates put the cost to develop a minimal training facility on undeveloped land at $124 million, including a comparable fire simulator. With $28 million recovered in revenue (a generous estimate for an alternate site. as it would be a lesser facility), the net additional cost to taxpayers would be $96 million. It would require at least 10 years to develop, and would never fully replicate the training that can be provided at" Camp Nimitz, including shipboard fire fighting , water search and rescue, boating safety, and related training. . Fire Department Training Savings: Fire Department use of Camp Nimitz presently saves the City a minimum of $318,000 in yearly facility costs. Administrative and training classroom activities use 21,000 square feet; storage and outdoor training space is virtually unlimited. The cost of classroom/administrative space ranges from $0.85 to $1.35 per square foot monthly on the open market; at $1.00 per square foot per month, the City would spend $252,000 yearly for alternate facilities to house the Fire Department's training program. Ten thousand square feet of storage space at $0.55 per square foot would add $66,000 yearly. The City of San Diego has no facility adequate to conduct basic Fire Academy training other than Camp Nimitz. Should the Fire Department be forced to vacate that training site, it will likely be necessary to send 28 San Diego Firefighter Recruits yearly to Palomar Firefighting Academy for basic Academy training, at a cost to the City of $76,000 per year. :;r- \ /~J ~) f"... The State mandates a minimum of 28 hours per year of continuing training per person for fire personnel. Annual costs to the City of $21,000 for advanced training not available in San Diego will be saved by availability of these classes at the Institute. In addition. the Fire Department is eligible for federal grants (a recent one provided $13,000) to host various training classes. The ability to host an increased variety and quality of classes will enhance the ability to attract these grants. . Police Department Training Savings: The State requires a minimum of 24 hours per year continuing training for peace officers. Virtually all law enforcement agencies require significant additional hours of training, and recommend many optional courses in subjects such as critical incident management, community policing, homicide, vice, sex crimes, traffic, domestic violence, sexual harassment, supervision. automation, etc. Hundreds of these classes are currently available only outside the region, requiring student travel, accommodations and other expenses. Many of these expenses are reimbursed by POST. However, in 1995 the San Diego Police Department sent 809 students out of the county for training, costing the Department over $100,000 in officer salaries for travel days, which are not POST-reimbursable. Similar annual expenses for the Sheriff's Department and other county law enforcement agencies are $150,000 and $50,000, respectively. . Lifeguard Training: In addition to an 18-day basic academy, the S~n Diego Lifeguard Service requires 60 hours of annual in-service training for each of its 65 permanent employees. One Lifeguard official states that the service experiences a serious, ongoing need for suitable training facilities, particularly a vehicle operations course to teach emergency response driving. . Liability Reduction: Nearly every government agency nationwide faces a staggering, and escalating, loss of funds to liability costs. With law enforcement, fire prevention and safety issues ever more complex and technological. public safety providers must have access to comprehensive, state-of-the-art training, Although few studies exist to document liability savings, public safety officials are in agreement that enhanced training will reduce liability costs. IV. EDUCATIONAL AND RELATED ECONOMIC BENEFITS OF THE CONVEYANCE . Miramar College Development and Growth: The availability of new, low-cost educational opportunities is of critical importance to the well-being of the community. Enhanced individual opportunity translates directly into higher employment, higher standard of living, an expanded tax base, and a more productive and skilled work force with which to attract new industry to the region. The State Five-Year Capital Outlay Construction Planning process allocates funding (contingent on voter approval of bond initiatives) for community college development. Once allocated, the District must move quickly to construct buildings. As long as the law enforcement academy occupies its present site, Miramar College cannot realistically request funding from the State, long-range development plans are delayed, and funding opportunities are lost. If the Academy can vacate Miramar College in the immediate future. District ofticials anticipate initiation of at least one $10 million near-term construction project which will create 65 construction and related jobs. Impact on the local economy in increased employment, production and services is frequently estimated at more than double the actual construction costs. Ultimate build-out at Miramar College, which could exceed $100 million, will result in a net Full- Time Equivalent Student (FTES) increase of 1.000. (By comparison, total San Diego Community ~ (i . f J- / I College District FTES is under 40,000.) District officials estimate that this FTES increase will translate into an annual primary effect of $3 million FTES funds coming into the region, and 50 new permanent jobs (30 instructional and 20 instructional support). Miramar College presently occupies 179.000 gross square feet. At build-out. the College will occupy 766,280 gross square feet. In addition to traditional classes, Miramar College development will permit the addition of other new educational programs and opporrunities, particularly in the area of contract education, which are expected to generate at least another $1 million yearly. . San Diego Regional Public Safety Training Institute Development and Job Creation: Instirute FTES enrollment, as illustrated in the original proposal, is anticipated at 1,328, a net increase of 435 over the 893 at Miramar College. The initial $8.5 million development phase will create 330 new temporary jobs. At full development, the Instirute will generate approximately 38 new, full-time permanent jobs, including five facility maintenance, five vehicle maintenance, 12 custodial, four grounds maintenance, two clerical, and ten EVOC Instructor positions. V. ENTREPRENEURIAL POTENTIAL OF THE INSTITUTE Interest in a comprehensive, multi-purpose training facility has been u~iformly enthusiastic throughout San Diego and the nation. A variety of training and funding mechanisms exist, including direct user fees, certification of courses through the Community College District and accredited upper division universities, and reimbursement by POST and other organizations involved in professional training. A few examples (in addition to those presented in the original proposal) of the opporrunity to expand training capabilities which will generate revenue include: . Standards and Training in Corrections: The State requires 119 hours of core training for Correctional Deputies. San Diego County provides a 420 hour certified course which all Correctional Deputies must complete. Presently, no regional location provides a comprehensive core curriculum. As a result, most agencies must provide their own training. The San Diego Sheriff's Department also conducts one of only two Jail Managers' Courses available in California (the other is in Santa Rosa). The potential for training in corrections is limited only by availability of facilities and space. The Instirute will be equipped to provide training in every detention issue. In addition to local needs, informal discussions with Corrections officials in Arizona and Nevada on general detention training issues have revealed a general need for training opporrunities throughout the western states. . Shipboard Firefighter Training: The San Diego Fire Department conducts shipboard fire fighting for the U.S. Coast Guard on Camp Nimitz on an ongoing basis. The Coast Guard is presently in the process of gaining federal accreditation for this training. In 1995, 183 cargo ships and 8 cruise vessels visited San Diego, each with a large crew offering a potential market for training or refresher courses in shipboard firefighting. The marine fire fighting school in San Francisco will soon close, leaving San Diego as the only port of call on the west coast capable of providing training in shipboard fire fighting for small passenger vessels. The San Diego Fire Department has provided training for 12 passenger vessels and the entire crews of two large private yachts, the Golden Odyssey and the Golden Shadow. Significant need and interest have been expressed for this training to remain available in San Diego. ~ 1 .s -,;;( . County Child Protective Services: CPS is responsible for identifying, managing and preventing child endangerment, neglect and abuse. This work frequently involves close association with law enforcement personnel. CPS provides a basic five week in-house core training course to all new employees, and requires 30 hours per person of annual in-service training for its staff of 675. CPS officials describe their training facilities as inadequate, and have expressed strong interest in the Institute as a training resource. They are also interested in expanding their basic training to a six week program which could include law enforcement relations, defensive tactics, negotiating, and related topics. . Private Trainers in Public Safety: With the lack of any known association of trainers from which to capture information, the potential for this industry is difficult to estimate, but appears to .be vast. Discussions with local trainers indicate that the Institute may attract a substantial clientele from this market. For lack of better facilities, much current training is conducted in hotels, which are ill-suited to the purpose. SDPD Training Division estimates the potential to for a minimum of 15 one-week classes per year with an average attendance of 28 students each, for 16,800 student hours. . Tourism and Family Visits: Hundreds of State, federal and international students will come to the Institute for classes ranging from a few days to several weeks. The convenience of the Institute, combined with economical. first class accommodations. will encourage many to bring families and to stay over to enjoy San Diego's many attractions is tremendous. Institute plans include encouraging family visits and stay-overs. VI. REGIONAL TECHNOLOGY DEVELOPMENT, TESTING AND APPLICATION: NATIONAL AND INTERNATIONAL IMPLICATIONS: The San Diego Regional Public Safety Institute at Camp Nimitz will provide San Diego with the opportunity to host an unprecedented international center for technology development and application. Areas for potential development include automation, systems integration, hazardous materials management, weaponry, safety equipment, fire prevention and management, disaster/major incident management and advanced communications. . The U.S. Department of Justice Law Enforcement and Corrections Technology Center, whose main responsibilities are drug interdiction and border security, has expressed strong interest in relocating its office and test bed site to the Institute. Technology Center officials have cited as incentives for this move the Institute's technological potential, proximity to the harbor and airport, and the concentration and variety of trainees which will provide a pool of individuals to test equipment as incentives for such a move. This relocation would not be feasible at an alternate location. . The Metro Waste Water Laboratory at the Institute will attract science and industry in environmental management, and will greatly expand the potential for mitigating recurrent pollution problems along the California and Baja Mexico shoreline. Naturally, participation of this facility is contingent on adjacency to the harbor. . Transborder Commerce Enhancement: N AFT A presents important international training opportunities. Agencies conducting transborder commerce must meet certain U.S. safety regulations in such areas as hazardous materials transport and management, mitigation of hazardous materials spills, safety inspections, and disaster management. N AFT A also includes provisions for expansion of bi- national Urban Search and Rescue mutual aid agreements. Relevant training is available from a limited number of sources. The Institute will be uniquely qualified and situated to provide training in u :>/-/3 water and roadway commerce issues. As NAFT A requirements are met, commerce and international relations will expand. . International Training and Exchange: The San Diego Fire Department has entered into an agreement to conduct firefighter training for 80 Mexican Bomberos. Training requests are expected to increase over the next few years, and to include departments from throughout Baja Mexico. Area law enforcement and fire fighting personnel also participate in international Firefighting and Law Enforcement Exchange programs which will be enhanced and expanded by the presence of this superior training facility. VII. TIDELANDS AND ENVIRONMENTAL ISSUES: The San Diego Regional Public Safety Training Institute meets Tidelands Trust criteria in a number of areas: . Least Tern Habitat: Institute plans include not only preservation, but enlargement and enhancement of the least tern habitat. Development will not require risky and time-consuming relocation of the established habitat, and will result in no detrimental impact on the species. The U.S. Fish and Wildlife Service is strongly supportive of this impact-free plan. . Training of Harbor Police, San Diego Firefighters Assigned to Port District, Other Airport Safety Personnel and Lifeguards: The San Diego Regional Law Enforcement and Fire Academies provide basic academy training to the I08-person Harbor Police Department, and to San Diego Firefighters assigned to the airport. The Police Department also provides Advanced Officer Training, menu training, and POST certitied classes for Harbor Police. The San Diego Fire Department provides in-service training to firetighters and other personnel assigned to the airport. The Camp Nimitz facility will permit expansion of training to include water and navigation related training such as shipboard firefighting, water rescue. boating safety and enforcement, and lifeguard training. . Shipboard Firefighting: The San Diego Fire Department provides in-service structural and shipboard fire fighting training for airport personnel, private yacht and recreational sailors from throughout the world, and U.S. Coast Guard personnel. Institute development will permit expansion of this service to cruise lines and merchant ships. The fire simulator will be the only such facility available for non-military use in the entire Pacific Rim, and is an invaluable resource to international navies and private seagoing organizations. . Public Benefit: Institute plans include a Public Safety and Maritime Museum, as well as greenbelt park, running and walking trails open to the public. The Institute will present an attractive, campus- like atmosphere, and will be open to school tours, Neighborhood Watch meetings, Citizens' Law Enforcement Academy and similar public uses. . Metropolitan Waste Water Department Laboratory: A partnership with the Metro Waste Water Department includes plans for a state-of-the-art water testing and analysis laboratory supporting research and development in pollution abatement along San Diego/Baja Mexico coastal waters. . Commerce: The original Institute proposal included a 1P A-operated lodging and food facility serving only Institute trainees, and providing a training ground for Hospitality Services programs through the San Diego Community College District. However, Institute plans are readily adaptable to the presence of a corporate resort-quality hotel and food service in the North West corner of Camp Nimitz (approximately 8 to 10 acres), with the condition that suitable room availability and rates are provided to Institute trainees. 1 , :'-- '.J ..I.. , / VIII. PUBLIC SAFETY FUNDING AND ASSISTANCE OPPORTUNITIES: . Joint Task Force Six: This military umbrella organization provides assistance to law enforcement agencies engaged in drug interdiction activities. One type of assistance they provide is training facility construction. JTF-6 is presently concentrating its border drug interdiction efforts in the San Diego region. If Institute development coincides with their presence here, the likelihood of obtaining their assistance is very high. A delay in the initiation of development activities may seriously impact the assistance that JTF-6 is able to provide. . Federal Crime Act Funds: The City of San Diego has the lowest proportion of officers to civilians (1.65:1,000) of any major city in the nation. The Violent Crime Control and Law', Enforcement Act of 1994 provides funding through the year 2000, offering San Diego, and' all agencies throughout the county, an unprecedented opportunity to increase the number of officers at a greatly reduced local cost. The limited capacity of the current academy, with departments vying for available positions, limits regional ability to derive full benefit from Crime Act funding. Although the number of Crime Act officers the City has accepted has been limited by matching fund requirements, future circumstances could mitigate this limitation. The federal government may grant a waiver of the local match, or Congress may revise the Crime Act to provide block grants with no match requirement. Under either scenario, availability of adequate sll\dent facilities would greatly increase the Crime Act revenue the City can access. The City of San Diego is authorized to receive funding for 50 new officers in 1996, and 25 additional officers annually through the year 2000. These officers must be in addition to the number which would be added without the grants. Considering that departments throughout the county are interested in accessing these hiring funds, it is clear that the present Academy cannot begin to absorb the full complement of Crime Act resources. If the City can accept all 150 authorized positions, at $75.000 per new officer over three years, Crime Act hiring funds to the City will total $ 11.25 million. Conversely, if we can accommodate only half our authorized number (an optimistic estimate, given the existing Academy facilities) the City will forfeit over $5.6 million in federal funds, with proportionate losses throughout the county. . Defense Conversion Funds: As a component of military downsizing, the U.S. Departments of Defense. Communications and Commerce, and the California Trade and Commerce Agency provide millions of dollars in grants for conversion of military-related research and technology to civilian uses. As a premier science and defense technology center, the City of San Diego has already received in excess of $7.5 million in defense conversion and business development funds. and is a partner (with San Diego State University) in another $7 million. Primary industry clusters which are expected to expand in San Diego. and which involve products and/or technologies adaptable to public safety and security, include telecommunications (such as hostage negotiations, real-time wireless audio/video surveillance, and major disaster response): information technology (such as prepackaged software, computer programming services. integrated systems and computer simulation training); surveillance technology (such as night vision equipment, and heat and motion sensors); and education services (such as public and private training techniques). The timely availability of a facility capable of supporting comprehensive research and development, coupled with the presence of former defense related industry, will provide the groundwork for private industry partnerships to enhance San Diego's access to conversion funds, and its reputation for excellence in national science and technology development and applications. ,,-g:: J ., >, -1-:::> . State Crime Prevention Funding: AB 1020 was designed to authorize $850 million for construction and development of regional public safety training academies throughout the State. Although the Bill recently died in Committee, information from Sacramento indicates that the reason for the lack of support was Governor Wilson's plan to introduce a complete crime package later this year which will include funding for regional public safety training institutes. If San Diego has an established site, we will be ideally positioned to take full advantage of funding opportunities. . POST Plan V: In order to encourage and support regional training and development, the California Commission on Peace Officer Standards and Training will allocate $15 million statewide to for local program development and delivery. Reimbursement is expected to be from $5 to $6 per student contact hour. Although the Institute cannot receive POST Plan V funds directly, individual agencies can access the funds and commit them to the Institute Joint Powers Authority. These funds will be over and above funding identified in the original proposal. The expanded Institute resources augment the regional ability to create and deliver training programs to attract these funds. . Full Time Equivalent Student Funds: State reimbursement to the San Diego Community College District is approximately $3,200 per FTES, per year. As presently structured, Miramar College returns 80% of FTES generated by the fire and law enforcement programs back into these programs. (The remainder is allocated to maintenance and new programs.) Based on discussions with Miramar College officials, the prospect that a similar allocation would apply to .Institute programs is favorable. With the Institute assuming all of its own operation and maintenance costs, such a would be financially beneficial for both Miramar College and the Institute. IX. COMMUNITY AND ENVIRONMENTAL ISSUES The environmental impact on surrounding residents and businesses will be negligible. Noise will be well within acceptable limits, and all activities will be buffered on all sides by water. land, and the airport. Using SANDAG data, a community college generates 1.6 trips per day per student. This translates to an Institute impact of only 620 daily trips on local access roads. Even this low number overstates the actual impact, however, as many students will be lodged on the facility. As a result of the low neighborhood impacts, the presence of the San Diego Regional Public Safety Training Institute is unlikely to generate any noticeable change in traffic or noise in surrounding neighborhoods. Believing that the Public Safety Institute will be a good neighbor, nearby residents are strongly supportive of this development over alternative uses. The Institute may also provide resources and facilities for training in various vocational programs such as Rap, GAIN and PIC, further enhancing and supporting San Diego's labor pool and quality of life. Institute construction and development will result in ecological, visual and educational enhancements on the surrounding area. The Institute will provide a focal point for regional pride and prestige. The ability to accommodate numerous community activities will further the goals of neighborhood policing by expanding opportunities for community partnerships, communication and understanding. b:\narative ~, '] ,/ '- --- / {:: cJ . COUNCIL AGENDA STATEMENT ITEM TITLE: Item~ Meeting Date 4/16/96 1i'.2ft. Resolution Accepting Irrevocable Offer of Dedication for street purposes, dedicating and naming said street East Orange Avenue within Eastlake Greens development and Assessment District No. 94-1 Director of Public Work~ City Manager J~ ~ ----z (4/Sths Vote: Yes_NoX) SUBMITTED BY: REVIEWED BY: Right-of-way for two portions of East Orange A venue within Eastlake Greens, previously offered to the City through an irrevocable offer of dedication, must be accepted by the City prior to final payment for acquisition of improvements in Assessment District No. 94-1. RECOMMENDATION: That Council approve the resolution accepting irrevocable offers of dedication for street purposes, dedicating and naming said street portions East Orange Avenue. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As a condition of development of Eastlake Greens and the acquisition agreement associated with Assessment District No. 94-1 (AD 94-1), Eastlake Development Company is required to provide the right-of-way for East Orange Avenue and Hunte Parkway. For AD 94-1, the limits of the dedication are along the subdivision boundary (Exhibit A). Portions of the Orange Avenue right- of-way, within the subdivision boundary, were offered for dedication but rejected on Map 13292 (Lots C and D). In accordance with Section 66477.2 of the Subdivision Map Act, rejected offers of dedication remain open until the City accepts or terminates and abandons the offers by Council resolution. The balance of the right-of-way, off-site, will be granted to the City in the near future via a separate document and administratively accepted by the City Clerk pursuant to Resolution #15645. In June of 1995, the City approved AD 94-1 which provides for acquisition of grading and storm drain improvements in East Orange A venue along the south boundary of Eastlake Greens and Hunte Parkway south of South Greensview Drive. For improvements constructed or acquired under Improvement Assessment District Acts (1911 or 1913 Acts), it is necessary that the improve- ments being acquired be public. In the case of the grading for East Orange A venue and Hunte Parkway, the improvements become public by public ownership of the property (or in this case, public right-of-way). Eastlake Development Company anticipates the grading will be completed and ready for acceptance in mid-April and will request payment from bond proceeds for this portion of the overall improvements. Consequently, it is now appropriate for Council to accept the 9-/ Page 2, Item , Meeting Date 4/16/96 Orange Avenue right-of-way, which was previously rejected, dedicate it to public use and name the street East Orange Avenue. The streets, as they are only graded, will not be open to public use until street improvements, i.e. paving, have been completed. This may not occur for several years. The street will be barricaded to prevent vehicular access. Additionally, Eastlake Development Company has agreed, via letter, to be responsible for weed control, debris removal and erosion control until such time as street improvements are constructed. Staff recommends naming the street East Orange Avenue at this time because Council has not taken [maJ action on the proposaJ to rename the street Olympic Parkway. If Council chooses in the future to rename the street, it could be accomplished in conjunction with the other street segments and no additional procedures would be required. There will also be no issues regarding addresses as no homes or businesses will have addresses on this street segment. FISCAL IMPACT: None. All staff costs associated with the processing of the dedication will be reimbursed from developer deposits. Exhibit A - Plat showing location of dedications and easements Exhibit B - Eastlake letter regarding nuisance maintenance DDS:0600-80-ELGOlA M:\HOME\ENGINEER\AGENDA \ELGIOD.DDS 9 ..,l. RESOLUTION NO. IJr.2J('~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES, DEDICATING AND NAMING SAID STREET EAST ORANGE AVENUE WITHIN EASTLAKE GREENS DEVELOPMENT AND ASSESSMENT DISTRICT NO. 94-1 WHEREAS, as a condition of development of Eastlake Greens and the acquisition agreement associated with Assessment District No. 94-1 (AD 94-1), Eastlake Development Company is required to provide the right-of-way for East Orange Avenue and Hunte Parkway. For AD 94-1, the limits of the dedication are along the subdivision boundary; and WHEREAS, portions of the Orange Avenue right-of-way, within the subdivision boundary, were offered for dedication but rejected on Map 13292 (Lots C and D); and WHEREAS, in accordance with section 66477.2 of the Subdivision Map Act, rejected offers of dedication remain open until the City accepts or terminates and abandons the offers by Council resolution; and WHEREAS, the balance of the right-of-way, off-site, will be granted to the city in the near future via a separate document and administratively accepted by the City Clerk pursuant to Resolution #15645; and WHEREAS, staff recommends naming the street East Orange Avenue at this time because Council has not taken final action on the proposal to rename the street Olympic Parkway. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept Irrevocable Offer of Dedication for street purposes, dedicate and name said street East Orange Avenue within Eastlake Greens development and Assessment District No. 94-1. Presented by John P. Lippitt, Director of Public Works C:\rs\EOrange.IOO 1'.1 If-If E 'x ki \Ji -t -A ( r MAP NO. 13292 ,eHEn . OF . aHEE' " -....s ...... ..............- --r..-_.-.-.--.- .,.........- ---.. ........... --- _____1DIr ,... ............... . -..... ..... CIiULA VISTA - .. H -- .., .relC... , " .... - IIWIIC sc.w: ,.. __ . . .. U! 111), . Ion" I rODs '10 ee: .,v-~o:> IcD - -_.~- - - 9--f .y , ~....,,., ".,..,...C'... iii' 96 (MON) l311 Et April I, 1996 Ms. Donna Snider City of Chula Vista 276 Fourth Avenue Chula Vista, Califon' Re: Erosion Ce' ' Dear Donna: This is to confirm ti',. for the erosion COD" , following Rights-c' ' I. Hunte Park., 2. East Oral1eC' ' the SDG&. " Please contact me ," information. Sincerely, EASTLAKE DEV, TtA-/~ Thomas E. Adler Project Manager TEAsm TEL 619 421 1830 E xhlb,f 8 : "nte Parkway and East Orange Avenue :' p Development Company will be responsible 'Daternent, and debris removal, etc., for the Greensview Drive to East Orange Avenue. .: ):[1 Hunte Parkway to the westerly boundary of 'vst convenience if you need additionlll ,p,-r COMPANY 9"~ P 002 I., I .. ~ ~ fASTLAKE DEVROPMeNT COMPANY Q()() LQI'Ie Avenue SUite 100 ChuJa VISta. CA 919141 (019) 421-0127 ~Jo:t. (019) 421-1830 COUNCIL AGENDA STATEMENT Item Meeting Date 4/16/96 ~4 Resolution 1I'.,2f ~ppropriating funds from the unappropriated balance of Gas Tax Funds for the purchase of property for Shy Lane right-of-way and authorizing the City Engineer to sign an agreement with the County to purchase two tax-defaulted properties. . SUBMITTED BY: Director of Public work~~ REVIEWED BY, Ci" M''''''0:j ,~ Recently, the County of San Diego's Tax Collector's office notified the City of several parcels of land that were to be auctioned for back taxes due on them to the County. There were two parcels that staff determined should be purchased. The County has prepared agreements to be executed by the City to complete the purchases. Staff is requesting that Council authorize the City Engineer to sign the agreements on behalf of the City and to appropriate the funds necessary to complete the purchase of one of the properties. ITEM TITLE: (4/5ths Vote: Yes-X..No~ RECOMMENDATION: That Council adopt the resolution appropriating $900.00 for the purchase of right-of-way for Shy Lane and authorizing the City Engineer to sign the agreement with the County for purchase of two tax defaulted properties on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Last November, the County Treasurer-Tax Collector's office sent a notice of nine tax-defaulted parcels in the City that were scheduled to go to public auction. The Public Works Department determined that the City would benefit from the purchase of two of the parcels shown in Exhibits A and B. Parcell: This parcel is located on the north side ofL Street near Third Avenue (see Exhibit A). It contains 9,060 square feet (0.21 acres) It is not a desirable piece of property on which to build because Telegraph Canyon Creek crosses the land making it impractical to develop without spending an exorbitant amount for a box culvert or other drainage improvements which would severely restrict the usability. The City is proposing to construct channel improvements on this section of the creek as part of the budgeted Telegraph Canyon Creek project. Obtaining this parcel would be of great benefit to the City, both in using as a staging area for the project and precluding the need to acquire the necessary drainage easement through the property. Should the parcel not be purchased through this tax default sale, the cost of purchasing an easement in the future would probably exceed the $2,700.00 asking price of the whole parcel. Staff intends to use funds from Capital Improvement Program project no. DRl18 - Telegraph Canyon Channel Design, which was IP"/ Page 2, Item II Meeting Date 4/16/96 appropriated to do the design of the unimproved portion of Telegraph Canyon Channel west of 1-805 . Parcel 2: This parcel is entirely within the right-of-way of Shy Lane (see Exhibit B), which was recently improved under a block act by the City. This parcel, containing approximately 8,620 square feet (0.2 acres), belongs to a property owner who had asked a price for the land, which staff believed to be inflated, when approached by City staff at the time. Since the land had been used for many years as a street, it was deemed unnecessary to acquire it as right -of-way and that the risk of damages resulting from inverse condemnation were minimal. In order to obtain clear title to the entire Shy Lane right-of-way and eliminate any potential future problems, however minimal, that the City could be involved in an inverse condemnation action, and because the purchase amount is low, it is recommended that Council approve the resolution appropriating the funds needed to purchase the parcel since the original project has long since been closed out. The County is asking $650.00 for this parcel. Agreement: The agreement prepared by the County of San Diego Tax Collector's Office (see Exhibit C for copy) is ready for execution by the City. It has been reviewed by the City Attorney's Office and found to be acceptable. The agreement provides that the sale transaction is in accordance with Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code. It contains the conditions that: 1) the City agrees to pay the cost of giving notice of the agreement (the price range quoted was $200.00 to $500.00) and; 2) that the City agrees to pay the sale price of $3,350.00 for both parcels. In order to complete the requirements of the agreement the cost of acquisition of the Shy Lane parcel ($650.00) and one-half the estimated noticing costs ($250.00) needs to be appropriated. The total to be appropriated is $900.00. The Agreement has been reviewed by the City Attorney. FISCAL IMPACT: An appropriation of $900.00 from the unappropriated balance of Gas Tax Fund Number 250 needs to be made. In addition an estimated $2,950.00 will be used from CIP project no. DR1I8 _ Telegraph Canyon Channel Design to purchase and notice the acquisition of the L Street parcel. There are sufficient funds in both Gas Tax Fund 250 and CIP project number DR-1I8 to cover these acquisitions. Purchase of the Shy Lane parcel could save potential legal fees should a buyer decide to pursue inverse condemnation. Purchase of the L Street parcel will save higher future costs to purchase a drainage easement. Exhibits: A - Plat showing Parcell; 200 Block of L Street B - Plat showing Parcel 2; Shy Lane C - Agreement with County to be executed by City /P'';' RESOLUTION NO. If' J.f 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF GAS TAX FUNDS FOR THE PURCHASE OF PROPERTY FOR SHY LANE RIGHT- OF-WAY AND AUTHORIZING THE CITY ENGINEER TO SIGN AN AGREEMENT WITH THE COUNTY TO PURCHASE TWO TAX-DEFAULTED PROPERTIES WHEREAS, recently, the County of San Diego's Tax Collector's office notified the City of several parcels of land that were to be auctioned for back taxes due on them to the County; and WHEREAS, there were two parcels that staff determined should be purchased; and WHEREAS, Parcel 1 is located on the north side of L Street near Third Avenue and contains 9,060 square feet (0.21 acres) wherein the City is proposing to construct channel improvements on Telegraph Canyon Creek as part of the budgeted Telegraph Canyon Creek project; and WHEREAS, obtaining this parcel would be of great benefit to the city, both in using as a staging area for the project and precluding the need to acquire the necessary drainage easement through the property and should the parcel not be purchased through this tax default sale, the cost of purchasing an easement in the future would probably exceed the $2,700.00 asking price of the whole parcel; and WHEREAS, Parcel 2 is entirely within the right-of-way of Shy Lane, which was recently improved under a block act by the City and contains approximately 8,620 square feet (0.2 acres) and belongs to a property owner who had asked an inflated price for the land when approached by City staff when the Shy Lane improvements were being designed; and WHEREAS, since the land had been used for many years as a street, it was deemed unnecessary to acquire it as right-of-way and that the risk of damages resulting from inverse condemnation were minimal and in order to obtain clear title to the entire Shy Lane right-of-way, it is recommended that Council appropriate $900.00 to purchase the parcel since the original project has long since been closed out; and WHEREAS, the County has prepared agreements to be executed by the city to complete the purchases; and 1 //);;1 WHEREAS, staff is requesting that Council authorize the city Engineer to sign the agreements on behalf of the City and to appropriate the funds necessary to complete the purchase of one of the properties. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby appropriate $900.00 from the unappropriated balance of Gas Tax Fund No. 250 for the purchase of property for Shy Lane right-of-way. BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to sign the agreement with the County of San Diego for purchase of two tax-defaulted properties on behalf of the City of Chula Vista, a copy of which is on file in the office of the City Clerk as Document No. Presented by ved as ~ John P. Lippitt, Director of Public Works Bruce M. Attorney C:\rs\shylane.app 2 II) , 'I IIKII ST. 'I , , 1 L ..... _,__J -- - - -\ J: -7\) CJ _-1 ~- AI"I"/?OXIMA,E, Al..IGNMIH/T <;.--- OF TEl..EGRAPH CANYON CReEK .., ,0 aE 1/rll",eovEP ~VCI7V.~.../ , ..,~ / t-^\GUE -0.. U) ~...._~ () DR. z. CJ }> < m . ------ -_.~- ~ ~ SI ERRA )> < ~I i . PAt<CEL 2 IILII ST - -- - FILE NO. ",or". 001 DWN BY: ~I./ DATE: tjl'l~/~'. EXH/8/ T 'A II . "''' " ~ 1> I "" .. SHY I..N. PAl. A~ Sf. 1> ~ :< ~ J i i I L-J OXFORD ST. J 1 I , I I i / , I I -- I I i I I I I I -- -- I I I I I I / -l iSHY I 1 I ILN; I , I 1- , ..,... / , / II - ~. PAf?CcL 1..-" I~I;( / I I-- .... / _ D .." Y"""l< y.~::o - 11"'1 . , }b 11 -I ~, "" I.J.. - ~n ~ \..' :-4 . ~ PF S ~, T i ST ....<- ~ , m I . i I i I I , PALOMAR I ST. ~ c:. ~ -I :r. }> < m FILE NO. JY'OOI DWN BY: J~ DATE: ,j'l9!'" EXHI BIT 118/1 /~- CHAPTER VIII AGREEMENT #6935 PARCELS 573-490-2900 , 618-302-0500 NO. COUNTY CONTRACT NO. ON MOTION of Supervisor , seconded by Supervisor , the following resolution is adopted: WHEREAS, there is presented to the Board a letter from the Tax Collector, Board of Supervisors Document No. , transmitting and recommending that the Board approve and authorize the Chairman to execute and the Clerk to attest to a proposal Agreement No. 6935, between the County of San Diego and the City of Chula Vista, approved by the State Controller of the State of California, for the purchase by the City of Chula Vista of certain tax defaulted lands situated within the County of San Diego, as listed in Exhibit "A" attached to and made a part of said proposed Agreement. Said property has become subject to the Tax Collector's Power to Sell by Notice of Power of Sell recorded in San Diego County. IT IS RESOLVED AND ORDERED that said proposed Agreement be and it is hereby approved; and that the Chairperson of the Board of Supervisors is authorized and directed to execute said Agreement for and on behalf of the County of San Diego. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this day of by the following vote: AYES: NOES: ABSENT: . r(L/il:.JJ r\.':) ru f-,Jl(id ru~U lCL,..1 . ,UNT'! COUNSf~ ca:v.ih~~ -if'II'" 3IW'li.: EXH/8/T 11 C JJ /~,. ') CHAPTER VIII AGREEMENT #6935 PARCELS 573-490-2900 , 618-302-0500 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made on the day of ,19_, by and between the Board of Supervisors of San Dieqo County, State of California, and the City of Chu1a Vista ("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in Exhibit "A" attached hereto and made a part hereof, is tax- defaulted and is subject to the power of sale by the Tax Collector of said county for the non-payment of taxes, pursuant to provisions of law: It is mutually agreed as follows: 1. that as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this Agreement shall be paid by the PURCHASER, and 2. that the PURCHASER agrees to pay the sum of $ 3.350.00 for the real property described in Exhibit "A" within 10 davs after the date this Agreement becomes effective. Upon payment of said sum to the Tax Collector, the Tax Collector shall execute and deliver a deed conveying title to said property to PURCHASER. If .11 or any portio.. of ...y iI1dividual p.rc.l liat.d iI1 Bxhibit "A" ia r.d....d prior to the .ff.ctiv. d.t. of thia .gr......t. thia .gr......t ah.ll b. ..ull ...d void .a to that iI1dividual p.rc.l. Thia .gr......t ahall .lao b.c".. ..ull ...d void ...d the right of r.d..ptio.. r.ator.d upo" the PURCHASER'S f.ilure to co.ply with the t.ra. ...d co..ditio..a of thia .gr......t. ~ia. i. of the ...ence. 553791, 3791.3 3793 R'T Code /p...~ TDL 8-13 (5/92) ex. 'C" Pg. Z CHAPTER VIII AGREEMENT #6935 PARCELS 573-490-2900 , 618-302-0500 The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. ATTEST: THE CITY OF CRULA VISTA (Purchaser) By (SEAL) ATTEST: BOARD OF SUPERVISORS Thomas J. Pastuszka Clerk of the Board of Supervisors San Dieao County By (Deputy) By (Chairperson) (SEAL) dHOVED AS TO f()1I;~ r...u Ltc,.. JI!h'ij] D)U~-", . :~~.~ CW6- ~---"'~~3DT,i,' This agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of San Dieao County relating to the real property described therein. PAUL BOLAND San Diego County Treasurer-Tax Collector Pursuant to the provisions of Sections 3775 and 3795 of the Revenue and Taxation Code, the Controller agrees to the selling price hereinbefore set forth and approves the foregoing agreement this day of , 19 Kathleen Connell State Controller By NOTE: EXHIBIT "A" MUST BE ATTACHED CJ(. "C" PfJ. 3 TO THIS /P'~ FORM , .. ~ ~~2S~~ 0 ~ ~g~~ !1 ~jUI 0 !" . ~ .. "'!I!!~ m .. 0" .. i:i p;>~~ .. ~Ci>~ ~ In . . .. Sit U).ir-~ .. !II~S_ = . ~ .. .. I m ~E~~~ m .~o mz~o .. III i mmato( III ~' .... III" >! S ~ S!~~~~* ~ ~~n~ fIn !!I 8~S~I~ ~d~ ~ I ~J!jg a !;! II 0 .. ~ .. , ~~~B! '" ~s~~ '" as ! .. i:io~ ~ i ~I;;~ ~ ~ . ~m~ .. ~ A n-~ '" ~p~ ~ 0 ~..~~j .. ~ m~% '" g r~ ~ ~ o 2< m:;! )~~~ ~~ f iO iO ~i - ~ iO 5i n~u .. .. .. .. .. .. ~ .. .." .. .. .. A" 8 00 ~ ia do ~!1 !" "'- .. .. iO 0- ~~ ~Ii..~ .. ..'" .. .. .. g!!! <5 .. .. !II .'. .. .~ . . . U .. '" ... .. ~ g g g 8 8 ... ~~ " iii~ .. . . ~ .. jI; ;;I ~ 0 .m . . I m - - .. .. 0 !> 8 8 }..... . Ii iii~ IF .. .. . 8 .. .. 8 >" i~ "'I . +H~.... Wi: ~ ",~ ..... " in un J~05 i1h, Ii &;'. '~R Ex, 'C. P.,.4 . 10 -Ill -~_..-...- o-c: "''' ... ~ 0 .:i" ~ 0' " 51 l 8' .. }!a. !2. ..en a" _i 0<1 i~' ..,. ~ 0", :5.< II. :a i5 of' ~:::!'. 00 c'= ;:~ :-[ -: ::10 co.. . - 9[ II co' . - 2.~ l~ 5',. ill" S:;. II ~t ..= &. :::!'. ....!! "0 11- g'l ~!1 !Ii g - 2- iD ~ f.' - [ 1 - lID .... if 1 i ::I '< [ 0- lD 6" . . .. !:' .. .., " '" ~ 6' .. Ii . )> ... . COUNCIL AGENDA STATEMENT Item II Meeting Date 4/16/96 Resolution J ~.,t(" ~ppropriating funds, Accepting bids and awarding contract for "Replacement of Sewer Main Crossing in Bonita Road just east ofI-80S Freeway in the City ofChula Vista, CA (SW-207)" SUBMITTED BY: Director of Public Work~ REVIEWED BY, Ci'y M~',,~ 1J~ (4ISth. Vore, Y"XNo...J At 2:00 p.m. on April 10, 1996 in Conference Rooms 2 & 3 in the Public Services Building, the Director of Public Works received sealed bids for "Replacement of Sewer Main Crossing in Bonita Road just east ofI-80S Freeway in the City ofChula Vista, CA (SW-207)." The work to be done consists of removing four (4) existing concrete encased 8" diameter PVC sewer mains and replacing with a new 18" concrete encased PVC sewer main just east ofI-80S. The work includes excavation and grading, asphalt concrete pavement, shoring, reconstruction of base of existing manholes, traffic control, preservation and restoration of property, and other miscellaneous work required by the specifications. ITEM TITLE: RECOMMENDATION: That Council approve the resolution: 1) appropriating $14,600 from the Trunk Sewer Capital Reserve Fund, fund No. 222, (0 project SW207 - Bonita Road Crossing Sewer Replacement; and 2) accepting bids and awarding a contract for "Replacement of Sewer Main Crossing in Bonita Road just east ofI-80S Freeway in the City of Chula Vista, CA (SW-207)" to B. L. Walling Construction, in the amount of$lS,lS1. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY 1995-96 budget is a project for the replacement of the four-8" pipes sewer main crossing in Bonita Road just east ofI-80S freeway (SW-207) with one 18" sewer pipe to eliminate the current restriction in the sewage system. In order to accomplish this work, Sweetwater Authority needs to relocate a 36" transmission water line. The City Council on March 19, 1996 approved Resolution 18231 authorizing staff to issue a purchase order to Sweetwater Authority for the relocation ofthe 36" transmission water line in Bonita Road (Attachment A). The water company, at this time, proposes to do this work starting Sunday, April 28, 1996. Staff is working with the low bidder to follow up immediately with the sewer work after the adjustment of the water line is complete. This will minimize the disruption to the motoring public along Bonita Road. Bids were received from 2 contractors to perform the work as follows: //,,1 Page 2, Item II Meeting Date 4/16/96 Contractor Bid Amount B. L. Walling Construction - Descanso $15,151.00 Basile Construction, Inc. - San Diego $15,818.39 The low bid by B. L. Walling Construction is below the Engineer's estimate of $20,340 by $5,189 or 25.5%. Staff received excellent bids for the proposed work. The Engineer's estimate was based on prices received for similar work in the last several years. Staff contacted references provided by the contractor and their work has been satisfactory. Prevailin~ Wa~e Statement The source of funding for this project is Sewer Funds. No prevailing wage requirements were necessary as part of the bid documents. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Disclosure Statement Attached as Attachment B is the contractor's disclosure statement. Environmental Status The Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, Section 15301 (b) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $15,151.00 B. Staff Costs (Staff and design) 10,000.00 C. Contingencies (approximately 20%) 2,849.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $28,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Bonita Road Sewer Crossing Sewer Replacement (SW-207) $13,400.00 B. Appropriation of Funds from Trunk Sewer Capital Reserve Fund 222 to Project SW-207 14,600.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $28,000.00 II-~ Page 3, Item II Meeting Date 4/16/96 When this project was originally budgeted, staff estimated the cost ofthe utility relocation expenses. However, after Sweetwater Authority reviewed the project and prepared the plans for their water line relocation, our $40,000 share of their construction estimate, which was the basis for the purchase order to Sweetwater, was higher than anticipated. Therefore, additional funds need to be appropriated from the Trunk Sewer Capital Reserve Fund to complete the project. FISCAL IMP ACT: Funding used for this project will come trom the Trunk Sewer Capital Reserve Funds. Upon completion of the project, the sewer main will require routine City maintenance involving cleaning of sewer on a periodic basis. Attachments A - Resolution 18231 & Agenda Stat~~ B - Disclosure Statement ~O~ ~C~>. SLH:sb M:\HOME\ENGINEER\AGENDA \SW207.SLH File No: 0735-IO-SW207 /I-J /'I-f RESOLUTION NO. I~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING A CONTRACT FOR "REPLACEMENT OF SEWER MAIN CROSSING IN BONITA ROAD JUST EAST OF 1-805 FREEWAY (SW-207)" WHEREAS, at 2:00 p.m. on April 10, 1996 in Conference Rooms 2 & 3 in the Public Services Building, the Director of Public Works received the following two sealed bids for "Replacement of Sewer Main Crossing in Bonita Road just east of 1-805 Freeway in the City of Chula Vista, CA (SW-207): Contractor Bid Amount B. L. Walling Construction - Descanso $15,151. 00 Basile Construction, Inc. - San Diego $15,818.39 WHEREAS, the low bid by B. L. Walling Construction is below the Engineer's estimate of $20,340 by $5,189 or 25.5% and staff contacted references provided by the contractor and their work has been satisfactory; and WHEREAS, the source of funding for this project is Sewer Funds and no prevailing wage requirements were necessary as part of the bid documents; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. WHEREAS, the Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, section 15301 (b) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1. That the City Council does hereby determine that this project is categorically exempt under Class 1, section 15301 (b) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . section 2. That the City Council does hereby accept the bid of B. L. Walling Construction as responsive. 1 11'..1' Section 3. The City Council awards the contract for "Replacement of Sewer Main Crossing in Bonita Road just East of l- 805 Freeway (SW-207)" to B. L. Walling Construction in the amount of $15,151. 00, the lowest responsible bidder which submitted a responsive bid to the approved specifications. hereby behalf section 4. authorized and of the city of The Mayor of the directed to execute Chula vista. City of Chula Vista is said contract for and on Section 5. appropriated from the 222, to Project SW207 That the amount of $14,600 is hereby Trunk Sewer Capital Reserve Fund, Fund No. - Bonita Road Crossing Sewer Replacement. Presented by ve~s John P. Lippitt Director of Public Works Bruce M. Boog city Attorne C:\rs\Bonita.sew 2 I/'/, A TT ftclf"" i:N T A- COUNCIL AGENDA STATEMENT ITEM TITLE: Item3 Meeting Date 3/19/96 Resolution ! <;? Z 31 Authorizing staff to issue Purchase Order to Sweetwater Authority for relocation of 36" Transmission Water Line in Bonita Road SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager (4/Sths Vote: Yes_NoX) Approved in the FY 1995-96 budget was a project for the replacement of a four 8" mainfold seWer main crossing Bonita Road just east ofI-805 freeway (SW-207). The purpose of this project was to replace the four existing 8" sewer lines with one 18" sewer line to eliminate the current bottleneck in the sewage system. In order to accomplish this work, Sweetwater Authority needs to relocate a 36" Transmission Water line. RECOMMENDATION: That Council approve the resolution authorizing staff to issue a purchase order to Sweetwater Authority in the amount of $40,000 to provide for the relocation of an existing 36" transmission water line in Bonita Road. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In order to construct the new I 8" sewer line in Bonita Road, Sweetwater Authority (SW A) must adjust their existing 36" transmission main. This is the major water feed to the City of Chula Vista and SW A prohibits this main from being turned off from May I to November I in any given year. SW A has provided us with a letter (Exhibit A) indicating that the City's share of the cost to relocate this main is approximately $40,000. Staff is requesting Council authorize the Purchasing Agent to issue a purchase order to SW A to allow this work to proceed immediately. Normally, staff would have Council authorize funds for relocations of utilities during the award of the contract. However, because of the timing and the immediate need to have this line relocated prior to receipt of bids, staff is requesting Council action at this time. Staff is currently requesting bids for the construction of the sewer main and will be receiving bids on April 10, 1996. Award of the contract is scheduled to be April 23, 1996. Waiting for authorization until April 23, 1996 for relocation of water facilities is not sufficient time for SW A to order parts and perform the work prior to May I. FISCAL IMP ACT: Approval of this action item will allow staff to issue the purchase order immediately and will authorize the expenditure of $40,000 for that purpose. The estimated cost of the sewer construction work which will be separate action after bids are received is $20,000. Adequate funds are available in project account SW207 to pay for the work. M:\HOMEIENGINEERIAGENDA \ W A TERLOC.SLH 11'7 EXHIBIT A SWEETWATER AUTHORITY ~t.TIN!'I~ fl. .1, I r' :r. ~;A, '(;"'HO"\~ March 6, 1996 !05 GARRm AVENUE POST OFFICE BOX 2328 CHULA VIST.... CALIFORNIA 81812.2328 (8111) 420.1413 FAX (818) 425-7489 Mr. Shale Hanson City of Chura Vista Engineering Department 276 Fourth Ave. Chuta Vista, Ca. 91910 / '!>,\-1234$ , r.0 e..> c,," .\. !$> <0 ~ ,p ::." ~ 2!: .. ~ $;5 SiC> . ~ N -::;;: lIS N C4 _S r:; c:-' e:::::; ~ "'c> ~ , C"'!tt, Cb' '. c L~OC:6~ a\ L.\ GOVERNING BOARD GEORGE ti. WATERS, CHAIRMAN MARGARET COOK WELSH, ViCE CHAIR JAMES F. DOUD, SR SUE JARREn IUD POCKUGTON JMtES $. WOI.NIEWlCZ CAllY' WRIGHT WANDA AVERY -..suRE" ..... J. REEVES SECRETARY Subject: BONITA ROAD CROSSING SEWER REPAIR SWA FILE: ST.IMP.#95-10 CHULA VISTA WORK ORDER # SW207-9 Dear Mr. Hanson: Sweetwater Authority has reviewed the plans for the replacement of four 8-inch manifolded sewer lines with one 18-inch sewer line on Bonita Road, approximately 330 feet west of Plaza Bonita Road. The Authority has determined that the proposed work will require the installation of an offset fitting on our 36-inch transmission main at an estimated cost of $80,000.00. The City's share of this cost (50%) would be $40,000.00. The cost to install the offset fitting is so high due to the following reasons: the traffic in this location, the cost of pipe for an offset of this size, and the requirement to hi-line the Ramada Inn, Denny's and other businesses in this vicinity due to a 12-hour shut down of water to tie this offset into the existing main. Upon receipt of the purchase order, the Authority will order the offset fitting and schedule the required work. It is estimated that the time required to have the offset fitting manufactured is approximately five weeks and installation of the offset will take approximately one week. Due to the fact that this water main is the main feed to Chura Vista, the Authority prohibits this main being turned off from May 1 to November 1. Therefore, this work must be completed before May 1, 1996, or it will have to wait until November 1996. //...1' A Public Agency, Serving Natio1l/l1 City, Chu/Q Vista and SlIITOUnding Amzs Mr. Shale Hanson City of Chula Vista Re: BONITA ROAD CROSSING SEWER REPAIR SWA FILE: ST. IMP. #95-10 March 6,1996 page two If you have any questions regarding this request, please contact Mr. Tom Justo at 422- 8395, Ext. 611. Very truly yours, -tOk jL.." Jame . Smyth Chief Engineer JLS:T J:ln pc: Ms. Debbie Shaw, Sweetwater Authority I:\eng_pool\sewer.po II~' RESOLUTION NO. 18231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO ISSUE PURCHASE ORDER TO SWEETWATER AUTHORITY FOR RELOCATION OF 36" TRANSMISSION WATER LINE IN BONITA ROAD . WHEREAS, approved in the FY 1995.96 budget was a project for the replacement of a four 8" mainfold sewer main crossing Bonita Road just east of 1.805 freeway (SW.207); and WHEREAS, the purpose of this project was to replace the four existing 8" sewer lines with one 18" sewer line to eliminate the current bottleneck in the sewage system; and WHEREAS, in order to accomplish this work, Sweetwater Authority needs to relocate a 36" Transmission Water line; and WHEREAS, Sweetwater Authority has indicated that the city's share of the cost to relocate this main is approximately $40,000; and WHEREAS, staff is requesting council authorize the purchasing agent to issue a purchase order to Sweetwater Authortty to allow this work to proceed immediately. NOW, THEREFORE. BE IT RESOLVED the city council of the City of Chula Vista does hereby authorIZe staff to Issue a purchase order to Sweetwaier Authority in the amount of $40,000 to provide for the relocation of an existmg 36" transmission water line in Bonita Road. ~ , ruce M. Boogaard City Attorney Presented by ( J P. Lippitt P lic Works Director //., I() Resolution 18231 Page 2 PASSED, APPROVED, and ADOPTED by the city council of the City of Chula Vista. California. this 19th day of March, 1996, by the followlf1g vote: AYES: Councilmembers: Alevy, Moot. Padilla, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Council members: None ATTEST: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet. City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18231 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of March. 1996. Executed this 19th day of March, 1996. Beverly A. Authelet, City Clerk 11..11 J}'T!JctftJJlFNT 8 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ..'- au are required to file a Statement of Disclosure of cenain ownership or financial interests, payments. or campaign contributions. on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. 2. List the names of all persons having a financial interest in the propeny which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. -5hdCl5fr~ ,SuPplf' supplt'a B ,L, f)Ja 11111 (l1'J7J,<jf. - Ccwlt-ac/or If any person. identified pnrsuant to (I) 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. 3. If any person. identified pursuant to (I) 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. 4. Have you had more than $250 worth of business transaCted with any, 'jIember of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No .j!., If yes, please indicate person(s): 5. 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. !3ct rr8 L, tUQ. (tc'nt 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council ffit:Dlber in the current or preceding election period? Yes _ No X- If yes, slate which Council members(s): Date: 4 -[ 0 -1((; 107 · · · (NOTE: Attached additio )0 . Per.<on is defined as: "Any individUIJI. firm. co-partnership, joinl venture, association, social club, fraternal organization, corporation. estate, trust. receiver, syndicate, this and any other county. city or country, city municipality, district. or other political subdivision, or any other group or combination acting as a unit. I J. J,;J.. 14 ~ COUNCIL AGENDA STATEMENT Item I;' Meeting Date 4/16/96 Resolution If' ;.1''1 Approving submission ofFY 1996-97 Transportation Development Act (TDA) Article 4.0 Claim Director of Public Works rr:. Ci<y M~g~ ~ ~ (4I5tb. Vo<" V,,--N'l[) The FY 1996-97 Claim for TDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements was submitted to SANDAG and MTDB on April I , 1996, as required by State law. A "TDA Claim" is an application for TDA operating and capital funds for the upcoming fiscal year. SANDAG issues the TDA guidelines, which includes the City's total TDA funds available for next fiscal year, during the first week in March. Staff prepares the TDA claim and submits it to both SANDAG and MTDB by the April I deadline. Staff then returns to Council in April for ratification of the claim. An amendment to the claim may be made by direction of Council at any time after submission to SANDAG and MTDB. The total claim is in the amount of $6,400,495 consisting of $6,294,696 claimed against the City of Chula Vista's TDA funds and $105,799 claimed against the County of San Diego's TDA funds. ITEM TITLE: SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council adopt resolution approving the FY 1996-97 TDA Article 4.0 claim. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The FY 1996-97 TDA 4.0 Claim consists of the following components: City of Chula Vista County of San Diego TDA Account TDA Account Total Operations $2,049,696 $105,799 $2,155,495 Capital $4,245,000 0 $4,245,000 Total $6,294,696 $105,799 $6,400,495 The $105,799 from the County's TDA account is for CVT service in the unincorporated areas provided by Routes 705 and 711. The $2,049,696 is for the balance ofCVT operating costs claimed against the City of Chula Vista's TDA funds as contained in the preliminary FY 1996-97 Transit Division budget request. /~"'I Page 2, Item 12 Meeting Date 4/16/96 The $4,245,000 in capital funds includes $2,000,000 for partial funding for three (3) hydrogen fuel- cell buses as part of a demonstration program in Chula Vista. The balance of the proposed capital program for next fiscal year in the amount of $2,245,000 ($4,245,000 - $2,000,000) is contained in the FY 1996-97 Transit Division budget request and includes: nine (9) replacement buses for CVT and concrete bus benches. Following is a breakdown of estimated Transit Division costs and revenue sources for FY 1996-97. Estimated Costs: Contractual Service for CVT Operation $2,758,250 Other Supplies & Services 857,245 Capital Outlay 4,245,000 Total Estimated Costs $7,860,495 Estimated Revenue Sources: Fare Revenue $1,410,000 TDA Article 4.0 Funds 6,400,495 Investment Earnings 50,000 Total Revenue Sources $7,860,495 The claim is based on estimated costs and revenues for FY 1996-97, and may be modified due to: changes in the proposed FY 1996-97 Transit Division budget; and a difference between actual and estimated costs and revenues in FY 1996-97. FISCAL IMP ACT: The FY 1996-97 TDA Article 4.0 claim contains no City of Chula Vista General Fund contribution. Transit Division operating and capital costs are funded by City of Chula Vista TDA Article 4.0 funds, County of San Diego Article 4.0 funds, farebox revenue and investment earnings. The FY 1996-97 City of Chula Vista TDA Article 4.0 apportionment is $2,706,844; prior year unallocated funds are $4,808,982, resulting in $7,515,826 available for transit operations and capital expenditures. The FY 1996-97 claim of $6,294,696 for the City of Chula Vista TDA account will leave a balance of$I,221,130 ($7,515,826 - $6,294,696). There are two additional Article 4.0 potential expenditures in FY 1996-97 that would reduce this balance: a maximum amount of $450,000 for the Southwestern College Bus Stop Improvement Project, and a $144,134 increase in contribution for the MTDB Regional Transit Service Assessment, trom the current $175,844 to $319,978. These two expenditures total $594,134 ($450,00 + $144,134). /.2--.,1. Page 3, Item I). Meeting Date 4/16/96 Therefore, assuming all potential projects and expenditures are implemented would leave a TDA Article 4.0 balance in FY 1996-97 in the amount of $626,996 ($1,221,130 - $594,134). These projects and expenditures include: the FY 1996-97 Transit Division Budget ($7,860,495); the City's contribution to the Southwestern College project ($450,000); and an increased assessment for the Regional Transit Service Fund ($144,134). WMG/File: DS-022 WPC F:\HOMEIENGINEER\AGENDA\TDA40.BG 1.2--:; )/~-J( RESOLUTION NO. 18'~' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMISSION OF FY 1996- 97 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM WHEREAS, the FY 1996-97 Claim for TDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements was submitted to SANDAG and MTDB on April I, 1996, as required by State law; and WHEREAS, the total claim is $6,400,495, consisting of $6,294,696 claimed against the city of Chula Vista's TDA funds and $105,799 claimed against the County of San Diego's TDA funds. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula Vista does hereby authorize submission of FY 1996-97 Transportation Development Act Article 4.0 Claim in the amount of $6,400,495. Presented by form by l d, City John P. Lippitt, Director of Public Works Bruce M. Attorney C:\rs\TDA 4.0 CIai. J,;. -f vJ0 / COUNCIL AGENDA STATEMENT Item 1;1 Meeting Date 4/16/96 R I. 1f",,2~PA . S b .. f F . eso utIOn pprovmg u miSSIOn 0 Y 1996-97 Claim for HandYtrans Operation Funding Director of Public Works ~ City Manage0~ ~ ~ (4/Sths Vote: Yes_NoX) ITEM TITLE: SUBMITTED BY: REVIEWED BY: The City of Chula Vista's FY 1996-97 claim to support HandYtrans operation was submitted to SANDAG and MTDB on April I, 1996 as required by State law. A "claim" is an application for State of California operating or capital funds for the upcoming fiscal year; the claim for HandYtrans operation includes Transportation Development Act (TDA) Article 4.5 funds, Transnet funds, and Americans with Disabilities Act (ADA) Regional Assessment Funds administered by MTDB. SANDAG issues the claim guidelines in the first week in March; staff prepares the TDA claim and submits it to both SANDAG and MTDB by the April I deadline. Staff then returns to Council in April for ratification of the claim. An amendment to the claim may be made by the direction of Council at any time after submission to MTDB and SANDAG. The FY 1996-97 claim consists of the following funding sources: $197,879 in TDA Article 4.5 funds; $27,727 in Transnet funds; $91,394 in MTDB/ADA Regional Assessment funds; and $82,000 estimated fare revenue. RECOMMENDATION: That Council approve the submission of the FY 1996-97 claim for HandYtrans operations. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The following is a breakdown of estimated HandYtrans operating costs and funding sources for FY 1996-97 based on the preliminary budget request: Estimated Cost Contractual Services $397,040 Other Supplies & Services 1,960 Total $399,000 1:1-/ Estimated Funding Sources TDA Article 4.5 $197,879 Transnet 27,727 Fare Revenue 82,000 MTDB/ADA Support *91,394 Total $399,000 · Includes $55,000 of City of Chula Vista State Transit Assistance Funds (ST AF) 1\\ , / Page 2, Item I J Meeting Date 4/16/96 In the San Diego Region, MTDB and SANDAG have designated all the TDA Article 4.5 funded systems, like HandYtrans, as Complementary Paratransit Services under the ADA. Federallaw requires full compliance with the ADA by January 27,1997. Council may recall that at its meeting on March 5, 1996, Council accepted the attached report on proposed changes to HandYtrans service that will take effect in January 1997 to achieve ADA compliance, and also approved a resolution extending the agreement between the City of Chula Vista and the American Red Cross for HandYtrans service from July 1, 1996 through September 30, 1997. Full compliance with the ADA means that HandYtrans service must be available during the same hours of operation as CVT and the other fixed route services in Chula Vista, including the San Diego Trolley, San Diego Transit Route 29, and MTDB contract Route 932. In effect, HandYtrans service must be available seven days a week, approximately between the hours of 4:00 am and 2:00 am or about 22 hours per day. The estimated cost of$399,000 next fiscal year for HandYtrans service is approximately 68% higher than the current fiscal year cost of$233,000. This cost increase includes a six month period next fiscal year during which HandYtrans must be in full compliance with the ADA (the period between January and June 1997). Funding for this partial year of ADA Complementary Paratransit Service compliance is composed of the traditional funding sources for HandYtrans, including TDA Article 4.5 funds and Transnet funds, but adds a new funding source which is called MTDB/ADA support. The MTD Board recently approved the establishment of this regional pool of funds to supplement other funding sources in order to comply with the ADA mandate. For the purpose of ADA Paratransit Service, the MTDB area is divided into four zones, and each fixed-route operator (CVT, San Diego Transit, San Diego Trolley) is assessed a designated amount based on fixed-route miles operated. Chula Vista is in Zone 4. The CVT assessment is $0.0489 per mile times approximately 1.2 million annual miles. Therefore, the CVT assessment for next fiscal year is approximately $55,000 (please refer to "Estimated Funding Sources" table on page 1). The source of this assessment will be State Transit Assistance Funds (ST AF) which have accumulated to approximately $140,000 in the City's account. However, the City ofChula Vista claim for HandYtrans operation includes $91,394 for the ADA assessment amount in order to fund estimated HandYtrans operation after January 1997 when ADA full compliance is effective. Part of the fixed route assessment is contributed by the San Diego Trolley and San Diego Transit. Since HandYtrans will be providing ADA Complementary Paratransit Services to these systems, the assessment from these operations will be used to fund the ADA service provided by HandYtrans. FISCAL IMPACT: The total estimated cost for HandYtrans operation for FY 1996-97 is $399,000 which includes six months of full compliance with the Americans with Disabilities Act. HandYtrans operation is funded by the following sources: TDA Article 4.5 funds; Transnet Funds; STA Funds; and fare revenue. There are no City of Chula Vista General Funds used to support HandYtrans operation. File No: DT-005 M:\HOME\ENGINEER\AGENDA \TDA45.WMG I:J "-J.. RESOLUTION NO. /S,2/,() RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMISSION OF FY 1996-97 CLAIM FOR HANDYTRANS OPERATION WHEREAS, the city of Chula vista's FY 1996-97 Claim to support HandY trans operation was submitted to SANDAG and MTDB on April 1, 1996 as required by state law; and WHEREAS, the claim consists of $197,879 in TDA Article 4.5 funds; $27,727 in TransNet funds; $91,394 in MTDB/ADA Regional Assessment funds and $82,000 estimated fare revenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve submi ion of FY 1996- 97 Claim for HandY trans operation. ed ~ 0 forJ} Presented by John P. Lippitt, Director of Public Works Bruce M. city Attorney C:\rs\4.5 TDA /:1";1 COUNCIL AGENDA STATEMENT Item I () Meeting Date 3/5/96 ITEM TITLE: Report on Proposed Changes to HandYtrans Service as required by the Americans with Disabilities Act (ADA) Resolution li22.1 Approving First Amendment to Agreement between City of Chula Vista and American Red Cross for HandYtrans Operation SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager (4/Sths Vote: Yes_NoX) HandYtrans has been designated by MTDB and SANDAG as a Complementary Paratransit Service as required by the Americans with Disabilities Act (ADA) of 1990. The ADA mandates full compliance with the Complementary Paratransit Service requirements by January 26, 1997, which requires paratransit services, like HandYtrans, to be available for ADA certified persons who cannot ride or access fixed-route transportation systems such as Chula Vista Transit and the San Diego Trolley. Moreover, this "complementary" service must operate during the same hours as the fixed- route services. I The American Red Cross is currently operating HandYtrans for the City of Chula Vista under a three year agreement that extends through June 30, 1996. This agreement has the option to extend the term for a period of two years, from July 1, 1996 until June 30, 1998. Staff recommends that the agreement be extended for 15 months, from July 1, 1996 until September 30, 1997 to allow for eventual implementation of a more regional approach to providing Complementary Paratransit Service in compliance with the ADA. This recommendation and additional background is discussed in greater detail below. RECOMMENDATION: That Council: 1) accept the report and direct staff to bring back the final plan for ADA Complementary Paratransit Service to the City Council for consideration and adoption; and 2) approve the resolution approving the First Amendment to Agreement between the City ofChula Vista and the American Red Cross for HandYtrans operation. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Following is a summary of the major issues that will be discussed in this report: . Complementary Paratransit Service requirements of the ADA. . Achieving ADA compliance in the MTDB area of jurisdiction. . Extension of the American Red Cross Agreement for HandYtrans operation. . Funding for ADA Complementary Paratransit Services. 1 For Council's information, the terms "paratransit" and "demand response" are synonymous, and describe transportation services in which an individual makes an advance reservation for service and is transported from point of origin to destination. /:J .f Page 2, Item , 0 Meeting Date 3/5/96 The ADA: Comnlementarv Paratransit Service Requirements Attached for Council's information (Exhibit I) is an Agenda Statement dated January 7, 1992 which is a "Report on Complementary Paratransit Service plan as required by the Americans with Disabilities Act prepared by the Metropolitan Transit Development Board" which discusses the ADA requirements. In accepting the staffrecommendation of this report, the City Council agreed to authorize MTDB to develop and submit to the federal government a Complementary Paratransit Service Plan for the MTDB area. All the other jurisdictions in the MTDB area operating fixed-route transit systems also authorized MTDB to submit a Regional ADA Complementary Paratransit Service Plan. As discussed in the attached memo to Council (Exhibit 2) dated August 8, 1995 the Complementary Paratransit Service requirements of the ADA mandate the following by January 26, 1997: Complementary Paratransit Service must be provided to supplement fixed route serv.ices like Chula Vista Transit and the San Diego Trolley. Persons eligible for this service are individuals who cannot access the fixed route service (for example, walk to or wait at a bus stop) or cannot ride the fixed route service at all because of mobility limitations. The ADA specifies six criteria for Complementary Paratransit Service: . Service Area - Must cover a 3/4 mile radius on either side of the fixed route corridor, or a 1.5 mile total corridor width. . Response Time - Requires next day reservation service and allows for reservations up to fourteen days in advance. . Fares - May be a maximum of twice the base fixed route fare. (For example, the CVT base fare is $1.00, so the HandYtrans fare may be no more than $2.00). . Trip PUI:pose - Prohibits restriction for purpose of travel. (For example, a medical appointment trip has no priority over a shopping trip). . Hours and Davs of Service - Service must be available during the same hours and days as fixed route service. (In the case of Chula Vista from about 5 a.m. to 11 p.m. for CVT; and ITom about 4 a.m. to 2 a.m. when the Trolley is included). . CI~pacity constraints - Prohibits restrictions on number or frequency of trips. (In other words, a certified ADA individual may not be denied service because of insufficient vehicle capacity, nor limited to a certain number of trips). Compliance with the ADA Complementary Paratransit Service Reauirements In 1993, SANDAG, in cooperation with MTDB, contracted with Crain and Associates, Inc. to study options for meeting the ADA mandate. This study analyzed a number of options for the region, one of which was to divide the MTDB area into four Complementary Paratransit Services zones as /:J"'t Page 3, Item \ 0 Meeting Date 3/5/96 indicated in Exhibit 3. Zone IV includes National City, Chula Vista, Imperial Beach, City of San Diego, and Coronado. The study recommended that there be one operator or service provider in each of these zones to provide ADA Complementary Paratransit Service. The study concluded that one service provider in a relatively large area as defined by these zones could facilitate inteIjurisdictional trips on a more efficient and cost-effective basis compared with multi operators serving smaller areas and limited to jurisdictional boundaries. In Zone IV, there currently are three senior/disabled TDA Article 4.5 funded paratransit services, administered by National City, Chula Vista and the County of San Diego. National City contracts with American Red Cross for "Wheels" service in National City; the City of Chula Vista contracts with American Red Cross for HandYtrans service in Chula Vista; and the County of San Diego contracts with American Red Cross for services in Imperial Beach, South San Diego and Coronado. Coincidentally, although three separate government entities currently administer these paratransit services in Zone IV, the American Red Cross is the one service provider under contract with all three jurisdictions. The City of Chula Vista Transit staff has been meeting with the staffs of MTDB, SANDAG, National City and the County to discuss options to implement the study recommendations for full ADA compliance by January 1997. Since the County of San Diego already administers paratransit services for a large portion of Zone IV, and the City of National City has indicated an interest in having the County provide the ADA Complementary Paratransit Service for that jurisdiction, an option for establishing one service provider in Zone IV would be for the County to contract with a service provider for all ADA Paratransit Service in Zone IV. This service could be funded by a combination of currently available sources used for the existing paratransit service in this area, including TDA Article 4.5 and Transnet, with the likely addition ofTDA Article 4.0 funds. Other options for implementing the study recommendations are being evaluated; a preferred option should be determined by Spring 1997. It is staff s intent to return to Council at that time for its consideration and adoption of a preferred option. Acceptance of this current staff report and approval of the agreement extension for HandYtrans, does not commit this Council to anyone option to implement the Crain and Associates, Inc. study recommendation. A~reement Extension with American Red Cross for operation of HandYtrans The First Amendment to the agreement between the City and the American Red Cross is proposed to be extended for 15 months, trom July I, 1996 to September 30, 1997 to set the stage for having one ADA Paratransit Service provider in Zone IV. The service level between July 1, 1996 and Januaty 1, 1997 (prior to full ADA compliance) is basically a continuation of the existing HandYtrans service level, operating Monday through Friday trom 7:00 a.m. to 6:00 p.m. and on Sunday trom 8:00 a.m. to 2:00 p.m. Be~inninll January 2 1997 throul;h September 30. 1997. HandYtrans would ODerate in full compliance with the ADA. HandYtrans must be available for "complementary" service to CVT between the hours of approxintately 5 :00 a.m. to II :00 p.m.,seven days a week. In addition, since there are other fixed route services operating in Chula Vista provided by San Diego Transit, MTDB contract services and the San Diego Trolley, Complementaty Paratransit Service must also be available for these services. Therefore, Complementarv Paratransit Service must be available in Chula Vista for all fixed route services trom !lPproximatelv 4:00 a.m. I:J~/ Page 4, Item ~ Meeting Date 3/5/96 to 2:00 a.m seven davs a week. The cost to provide ADA paratransit service for fixed-route systems operating in Chula Vista other than CVT (the Trolley, San Diego Transit Route 29, and MTDB Contract Route 932) will be funded by those systems. The specific funding mechanism still is being developed by MTDB and area fixed-route operator staffs and should be finalized by Fall 1996. Staff will report to Council on the funding proposal at that time. The estimated service requirements between January 2, 1997 and September 30, 1997 are shown on attached Exhibit 4. This table shows the total hours during which ADA Complementary Paratransit Service must be available in ChuIa Vista.2 Staffhas estimated the hours during which service would be provided and the potential cost of this service, which is $408,623. This amount is onlv an estimate based on potential demand. The actual demand, and therefore cost, will not be known until after January 1997. Furthermore, it may take months to gauge service demand, depending on community awareness of service availability. However, based on late night/early morning demand in other cities that have attempted full ADA compliance before January 1997, demand for paratransit service during late night/early morning hours generally is low. The American Red Cross rate for this 15 month period is divided into two different rates based upon "day" and "evening". The day time hourly rate for the 15 month period of the agreement extension is $27.203, a 3.6% increase over the current hourly rate. The evening rate is $21.643 which is 21% less than the current rate. The evening rate is lower than the day rate because certain fixed costs for administration and facility costs included in the day rate are not included in the evening rate. The costs not included in the evening rate generally are those items that do not directly pertain to the "evening" service, such as management salaries, non-vehicle services, and utilities. Cost Comnarison: Other Service Providers For Council's information, the following Table I shows HandYtrans proposal costs that were submitted in response to the HandYtrans Request for Proposal (RFP) in Spring 1993: Table I. HANDYTRANS PROPOSAL COST: JULY I, 1993 THROUGH JUNE 30,1996 Proposer Three Year Cost Three Year Hourly R~t.. A vera!!e Red Cross Medi-Ride DAVE Systems Mayflower $ 694,678 $ 902,493 $1,002,498 $1,353,750 $26.089 $33.923 $37.682 $47.126 2 The service components under the headings "Service Period", "Service Area", and "Service Time" further delineate the requirements by fixed-route operator responsibility. The service area designated "West of Hilltop" indicates service coverage when Chula Vista Transit is I1Q1 operating, but fixed-route service is provided by the San Diego Trolley, the MTDB contract Route 932 on Broadway, and the San Diego Transit Route 29 on Third Avenue. 11" Ii' Page S, Item -1.0.- Meeting Date 3/5/96 As indicated in this table, the Red Cross rate and total three year cost for HandYtrans service ending June 30, 1996 was substantially lower than the other three proposals. In addition, the current County of San Diego contract rate with American Red Cross for the period July I, 1996 through September 30, 1997 is $30.397; therefore, the 15 month "daytime" rate for HandYtrans service between July 1,1996 and September 30,1997 of $27.203 is approximately 12% lower than the County of San Diego rate for the same period. In summary, it is staff s opinion that the American Red Cross rates for the agreement extension period are competitive with, and lower than, other service providers. Therefore, because of the favorable cost proposed, and the proposed extension of the agreement for 15 instead of 24 months, staff does not recommend issuing an RFP for HandYtrans service. Funding for ADA Complementarv Paratransit Services As shown in Exhibit 4, staff estimates that the maximum cost for HandYtrans service provided by the American Red Cross for the fifteen month extension term is $530,000. The estimated cost for FY 1996-97 (July 1, 1996 - June 30, 1997) is $393,040, a 68% increase over the current fiscal year cost of $232,800. However, next fiscal year includes six months of full ADA service compliance (January through June 1997). The cost for the six month period prior to full ADA compliance, July 1, 1996 through January 1, 1997, is $121,054, an increase of 3.6% over the current fiscal year cost. The estimated cost for the first complete fiscal year of ADA compliance, which is July 1, 1997 through June 30, 1998 is $611,000. However, this is only an estimate based on possible demand; a much better idea of the cost of this service will be known after January 1997, when full compliance becomes effective. The Transportation Development Act (TDA) provides funding for both Chula Vista Transit and HandYtrans. TDA funds are derived from 1/4% of the local sales tax. TDA funds are further divided into numerous "Articles" which designate the funds for certain purposes. Article 4.0 funds, for example, are used for fixed-route services like CVT, and Article 4.5 funds are designated for the ADA paratransit services. However, Article 4.0 funds may also be used for ADA paratransit services if needed. SANDAG allocates the IDA funds to San Diego area jurisdictions and the MTDB approves all expenditures within its jurisdiction. There are no Chula Vista General Funds nor federal funds used for either CVT or HandYtrans. In addition. there are no federal funds available to imulement the Com'plementarv Paratransit Service requirements of the ADA. In this region, 5% of the total TDA funds are set aside as Article 4.5 funds to operate the ADA Complementary Paratransit Services. Unlike the Article 4.0 funds, which are allocated to iurisdictions on a per-capita basis, the Article 4.5 funds are allocated to transit operators on a discretionary basis. During the current fiscal year, the City ofChula Vista's Article 4.5 allocation . is approximately $150,000 and HandYtrans' total budget is $241,000. The balance of the budget is funded by fare revenue ($66,000) Transnet Funds ($23,000) and investment earnings ($3,000). MTDB currently is exploring options to fund the ADA Complementary Paratransit Service requirement. Since new revenue sources seem unlikely, the use of Article 4.0 funds contributed by 13'" Page 6, Item 10 Meeting Date 3/5/96 each jurisdiction seems to be the primary potential source to fund the ADA paratransit services. However, until the demand for ADA service is known in January 1997 and beyond, it is difficult to estimate the full cost impact at this time. SUMMARY . The Americans with Disabilities Act (ADA) Complementary Paratransit Service requirements specify that by January 1997 all fixed-route public transportation operators must provide ADA Complementary Paratransit Service. This service must be "comparable" to fixed-route services in terms of service hours, and service coverage. . In 1992, Council authorized MlDB to submit to the Federal Transit Administration (FT A), a Regional ADA Complementary Paratransit Service Plan. All the other jurisdictions in the MTDB area have also authorized MTDB to submit a regional plan. . A regional ADA Compliance Study conducted by SANDAG recommended that the MTDB area be divided into four zones for ADA Complementary Paratransit Service. Zone IV includes the cities of National City, Chula Vista, Imperial Beach, South San Diego and Coronado. . The Study recommended that one ADA service provider operate in each of the four zones. . In order to implement this recommendation in Zone IV, staff is recommending that the City ofChula Vista's agreement with American Red Cross for HandYtrans service be extended for 15 months, ITom July I, 1996 through September 30,1997. . Beginning October I, 1997, one service provider would operate the ADA Complementary Paratransit Service in Zone IV. Options for implementing this concept still are being considered and evaluated. FISCAL IMPACT: The American Red Cross hourly rate for HandYtrans service for the 15 month agreement extension is $27.203, a 3.6% increase over the current rate. In addition, a new "evening" hourly rate of $21.643 will become effective in January 1997 when full ADA compliance begins. The estimated contract cost for FY 1996-97 is $393,040, a 68% increase over the current fiscal year cost of $232,800. However, this cost includes 6 months (January through June 1997) of ADA Complementary Paratransit Service full compliance, which is an estimate based on possible demand for increased service. HandYtrans is funded by the following sources: TDA Article 4.5, Transnet, and fare revenue. In addition, TDA Article 4.0 funds may be used to fund the service if required. There are no City of Chula Vista General Funds used for HandYtrans operation. Furthermore, even with the potential estimated significant cost increase to implement the ADA Complementary Paratransit Service requirements in Chula Vista, there will be sufficient City TDA Article 4.0 funds available to supplement other funding sources for HandYtrans service, based on the City's current TDA Article J;J"'/~ Page 7, Item \0 Meeting Date 3/5/96 4.0 allocation and TDA fund balance. For example, the City's current TDA unallocated balance is approximately $4.8 million. $2 million of this balance is set aside as partial funding for the City's hydrogen fuel cell bus demonstration program, leaving an approximate $2.8 million balance for future CVT operations and capital expenditures, and for increased costs for ADA Complementary Paratransit Service. Attachments: Exhibit I - January 7,1992 Agenda Statement Exhibit 2 - August 8, 1995 Council memo Exhibit 3 - Complementary Paratransit Service Zones Exhibit 4 - Estimated Services Requirements WMG:DT-007 M:'HOME'ENGINEER\AGENDA \REDCROS2.BG 1:1-/1 COUNCIL AGENDA STATEMENT Item -4-- Meeting Date 4/16/96 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 i}J REVIEWED BY: City Manage~ (4/5ths Vote: Yes_No--.X) The City Attorney has recommended that this item be continued to the May 7, 1996 Council meeting to allow EastLake additional time to review and sign the "Nypro Agreement. " (m:\home\planning\PCM94-04.con) ))1-1 MEMORANDUM DATE: April 10, 1996 TO: Honorable Mayor and Members of the City Council SUBJECT: ...., John Goss, City Manager(,+ Bob Leiter, Director of p:~ning .Q[ Public Hearing: PCM-94-04, Street Name Change for the segment of Orange Avenue between Hunte Parkway and Wueste Road. VIA FROM: On March 26,1996 the City Council continued this item to the April 16, 1996 meeting in order to allow City staff time to address EastLake's interpretation of the "First Concession Granting Agreement Between City of Chula Vista and EastLake Development Company ("Nypro Agreement"). After discussing this issue with City staff, EastLake representatives reconsidered their position and concurred with staff s interpretation of the "Nypro Agreement." However, to further clarify and memorialize this interpretation of the "Nypro Agreement", the City Attorney prepared an addendum and has forwarded it to EastLake for consideration and signature. EastLake has not been able to complete their review of the addendum on time to be included in the April 16, 1996 Council Agenda Statement. Thus, the City Attorney has recommended that this item be continued to the May 7, 1996 Council meeting to allow EastLake additional time to review and sign said agreement. (M:lhomelplanninglluisIPCM-9404.CCM) 1"1- 2.. COUNCIL AGENDA STATEMENT Item If Meeting Date 4/16/96 ITEM TITLE: SUBMITTED BY: Public Hearing regarding the proposal to define "Community Purpose Facility" in the Eastern Area Development Impact Fee for Streets and modify the fee rate schedule Director of Public Works ~/ City Manage~ ~ 6Jjyi (4/5 Vote: Yes_ No--X..) REVIEWED BY: Currently, the "Eastern Area Development Impact Fee for Streets" (TransDIF) program does not discuss 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 CPF from the fee programs. Staff is finalizing the ordinance with the City Attorney. RECOMMENDATION: That Council continue the public hearing until 4123/96. If" I NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Defining Community Purpose Facility in the Eastern Area Development Impact Fee for Streets and modifying the fee rate schedule. For further information call Steve Thomas, Senior Civil Engineer, at 691-5116. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, April 16, 1996, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: April 3, 1996 /0- 7'/ "....-- .", ~ ~~~~ cm Of CHUIA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LETIER Te1ecopier No. (619) 585-5612 DATE: !/3/i? / / TO: Star News Le~al / Manha FAX NO: (619) 426-63% FROM: C~dvJ#' SUBJECT: if~4 9?~ '- PUBIlCATION DATE: c2 ~/9? TOTAL NO. PAGES (including cover): If all pages are not received, please call Carla @ (619) 691-5041. , 276FOURTH AVENUE. CHULA VISTA. CALIFORNIA 81810 . ('18) $SI1.50~1 '* ..--... /5-3 COUNCIL AGENDA STATEMENT Item .1lt-El- Meeting Date 4-16-96 ITEM TITLE: Resolution 1'r:J.'-' : Approving the Property Tax Transfer Agr~ith the county of San Diego for the otay Ranch ~~ SUBMITTED BY: Deputy city Manager Thomson JI REVIEWED BY: city Manager. f (4/Sths Vote: Yes No-X) The proposed Property Tax Transfer Agreement between the City of Chula vista and the County of San Diego sets forth the financial terms and conditions to be applied to those portions of the otay Ranch which are included in the City's current Sphere of Influence (as amended in February 1996) as well as the portions of otay Ranch that are anticipated to be added to the city's Sphere of Influence at the May 6, 1996 LAFCO meeting. The geographic areas covered by this agreement are: (1) the western (Otay Valley) parcel which includes all otay Ranch parcels west of the Lower otay Lakes Reservoir, (2) the II Inverted L" parcel north of the Upper otay Lakes Reservoir, and (3) the Mary Birch Patrick ranchhouse area south of the Upper otay Lakes Reservoir. These areas are detailed in Exhibit A. Under state law, an agreement on the negotiated exchange of property tax revenue is required before LAFCO can approve an annexation. The city and county entered into a Master Property Tax Transfer Agreement in 1984 which covers smaller, more routine annexations. Under the terms of that agreement, the city receives 41% of the pooled property tax (i. e. the combined property tax revenue received by the County and special districts) and the County retains 59%. The Master Property Tax Transfer Agreement does not, however, apply to annexations which have an assessed value of $35 million or more on the current equalized tax rolls, and the General Development Plan/Subregional plan for the otay Ranch specifies that a separate property tax agreement will be negotiated by the city and County for annexations within the otay Ranch. As such, the proposed Property Tax Transfer Agreement has been negotiated, after lengthy discussions with the County, to cover the aforementioned areas of Otay'Ranch. Under the provisions of the proposed Property Tax Agreement, which are described in detail in the Discussion section of this report, staff estimates that over a 30-year period the city may receive about $37.6 million more than we would receive under the terms of the 1984 Master Property Tax Agreement. I ~ 1)- J otay Ranch Property Tax Agreement Page 2 As indicated above, part of the area that would be covered by the agreement is not yet in the city's Sphere of Influence. The addition to the City's Sphere of Influence of the southern part of the western parcel, which is sometimes referred to as the panhandle or the peninsula, is scheduled to be considered by the Board of Supervisors on April 17 and by LAFCO on May 6. The proposed Property Tax Agreement is therefore contingent on LAFCO's approval of the addition of the panhandle area (excluding the County landfill), or at least a minimum of village III and Planning Area 18-B, to the city's Sphere of Influence by August 5, 1996. The proposed Property Tax Agreement is also contingent on the approval of a separate Landfill Agreement by both the City and the county, and on the detachment of the County landfill from the City. Both the Landfill Agreement and the Property Tax Agreement, as well as the Sphere of Influence issue regarding the panhandle area, are scheduled to be considered by the Board of Supervisors on April 17. The Landfill Agreement is discussed in a separate agenda item on the Council's April 16 agenda. The County staff report to the Board of supervisors is attached as Exhibit G. RECOMMENDATION: That Council adopt the resolution approving the Property Tax Transfer Agreement with the County for Otay Ranch, or in the alternative, approve the concepts of the Agreement. BOARD/COMMISSION RECOMMENDATION: On September 12, 1995 the Council appointed Mayor Horton and Councilmember Moot as an ad hoc Council Subcommittee regarding the property tax agreement with the county for Otay Ranch. This ad hoc Council subcommittee recommends approval of the proposed property tax agreement. DISCUSSION The Discussion section starts with an overview of the proposed Property Tax Agreement and then goes into more detail on specific aspects of the agreement. OVERVIEW Under the terms of the proposed Property Tax Transfer Agreement, the City and County will split the pooled property tax (the amount of the property tax available to the city, County and special districts) on an equal, 50-50 basis. This represents a twenty-two percent (22%) increase over the City's standard property tax share of 41%. Even at this increased property tax share, however, fiscal impact studies of the Otay Ranch indicate that the City may still have residual operating deficits during the development's early and mid-buildout years (i.e. deficits which are not covered by the City's 50% share of the pooled property tax in conjunction with I~ f) - ~ otay Ranch Property Tax Agreement Page 3 other project revenues). Conversely, these same studies (Ralph Anderson and Associates, 1995) indicate that the project will generate a fiscal surplus for the County throughout its development. As such, City and County staff have agreed in the proposed Property Tax Agreement to share the overall economic surplus expected to be generated by the otay Ranch project in such a way as to offset the residual City operating deficits that are projected in the Ralph Anderson and Associates analysis. The proposed agreement calls for (1) the City and County to jointly undertake an annual fiscal impact analysis of the project area for twenty years commencing with fiscal year 1997-98, and (2) for the County to utilize a portion of its annual fiscal surplus to offset any residual operating deficits incurred by the City through fiscal year 2016- 17, subject to constraints detailed below. Based on the Ralph Anderson study, the proposed agreement means that developers are NOT projected to have any ancillary fiscal obligation to offset negative operating cost impacts resulting from the development. The operating cost obligation of the project's developers may thus be limited to paying for the cost of the annual fiscal impact studies; staff is currently analyzing a potential developer-financed reserve fund program, as described below, to cover the annual fiscal impact studies and potentially to serve as an "insurance" fund should City deficits exceed the levels the County will be obligated to offset. To further protect the City and developers, the county has agreed to also transfer to the city up to 3% of the annual net County surplus generated by the otay Ranch project (Le. the surplus remaining after any transfers are made to offset City operating deficits) during the same twenty year period. This reduces the likelihood that the city would have to seek reserve fund payments from developers if variations in the fiscal impact analysis create minor increases in city operating deficits. Overall, the County has agreed to transfer up to 67% of its annual surplus to the City from FY 1997-98 through FY 2016-17 in order to (1) offset any residual city operating deficits and (2) provide the City with a minimum 3% share of the project's net surplus. These transfers are subject to an overall cap on the County's cumulative transfer payments to the City of $16.6 million over a 20 year period as well as annual maximums ranging from $400,000 to $1,700,000. The maximum total transfer amount of $16.6 million from the county to the city as well as the annual maximum transfer payment amounts will be adjusted on an annual basis to reflect changes in the Consumer Price Index. Based on the most recent Ralph Anderson FIND Model analysis (1995) }'R-3 otay Ranch Property Tax Aqreement Page 4 and the provisions of the proposed Property Tax Transfer Agreement, the City is projected to receive a surplus of approximately $18.4 million dollars (in current year dollars) from development in the parts of the otay Ranch covered by this agreement over a 30 year period. This is $37.6 million more than the potential $19.2 million deficit that would be projected if the 1984 Master Property Tax Transfer Agreement applied to the otay Ranch rather than the proposed Property Tax Agreement. Under the terms of the proposed agreement, the county's staff costs to participate in the annual fiscal analysis, that determines the amount of its transfer payment to the City, will be paid for by the City unless the city arranges for a third party to pay the County's staff costs. staff anticipates these costs, which have specified limits described in section H of this report, will be covered by the developer Reserve Fund discussed below. The proposed Property Tax Agreement is contingent on three events: (1) the inclusion by LAFCO of the entire area shown in Exhibit A, or at a minimum the addition of Village III and Planning Area 18-B, into the city's sphere of Influence by August 5, 1996; (2) mutual approval of the separate Landfill Agreement; and (3) detachment of the County landfill from the city. Substantive changes in key revenue or expenditure variables, as well as significant changes in the development's land use mix or phasing could generate City operating deficits which exceed the levels that the County is obligated to offset (for example, deficits which exceed 67% of the County's surplus in a given year). To provide further protection for the city, it is staff's intention to formulate a Reserve Fund program with the developer of SPA 1 and with all future Otay Ranch developers as a backup "insurance" policy to cover this contingency. The proposed Reserve Fund will also provide funds to cover the City and County costs of the annual fiscal impact studies. The proposed Otay Ranch Property Tax Transfer Agreement resulted from lengthy negotiations with County staff and could be viewed as a significant example of "collaboration." On the one-hand, the fiscal impact analysis indicates that the project will generate a significant economic surplus for the County while the city will suffer operating deficits during the development's early years. On the other hand, it is the City which has the wherewithal to make the project "happen": it has excess sewer capacity to meet the proj ect ' s start-up needs; it has a transportation development impact fee program to provide needed road improvements; and it has a public facility development impact fee program to pay for the infrastructure needed to serve new development. The project could only become a reality through a collaborative effort, marked by the City's special resources and the County's willingness to share the It, IJ-~ otay Ranch Property Tax Agreement Page 5 overall economic surplus to help offset projected City operating deficits. It was also helpful that the Council appointed an ad hoc Property Tax Agreement Council subcommittee (Mayor Horton and Councilmember Moot) and the Board of Supervisors appointed a similar Board subcommittee (Supervisors Cox and Horn). The specific details of the proposed Property Tax Agreement, including details of the fiscal impact model, are discussed in the remainder of this report. A. Area Covered by the Property Tax Agreement The proposed agreement covers the western (otay Valley) parcel which includes all otay Ranch parcels west of the Lower otay Lakes Reservoir, the "Inverted L" parcel north of the Upper otay Lakes Reservoir and the Mary Birch Patrick ranchhouse area south of the Upper otay Lakes Reservoir. These areas are detailed in Exhibit A. This agreement does NOT cover adjacent non-Otay Ranch parcels which include the Nelson-Sloan Quarry, the Watson-McCoy parcel (south of the "Inverted L"), or several smaller "out" parcels, all of which are designated in the map included as Exhibit A. These excluded areas would annex to the city under the terms of the 1984 Master Property Tax Transfer Agreement. These non-otay Ranch areas are NOT included in the fiscal impact analysis discussed in subsequent sections of this report. The otay Landfill is specifically excluded from both the proposed Property Tax Agreement and the 1984 Master Property Tax Agreement. Thus the Landfill, as well as the portions of the otay Ranch that are not covered by the proposed Agreement, cannot be annexed to the city unless and until a subsequent property tax agreement is adopted by the city and County. B. The Fiscal Impact Model During the initial planning for the otay Ranch, staff from the Baldwin company, the city and the County worked with Ralph Anderson and Associates to assess the fiscal impact of the otay Ranch. citywide and countywide expenditure, revenue and development data was analyzed to establish the marginal costs and revenues attributable to residential, commercial and industrial land uses within each jurisdiction. Using Ralph Anderson's FIND Model (Fiscal Impact of ~ew Development), these cost and revenue factors were applied to the specific level and mix of development projected for each year of Otay Ranch's development. The resulting analysis produced a representation of city and County J~tI-5 otay Ranch Property Tax Agreement Page 6 fiscal impacts for any given year and throughout the project's estimated thirty-year buildout period. Exhibit B provides an example of how the FIND Model allocates operating costs for City services based on land use. The FIND Model is dynamic and the marginal cost and revenue factors will be updated annually to reflect changes in City and County. expenditure and revenue patterns, based on actual budget data for the preceding year, as well as actual development (residential, commercial, or industrial) that occurred in the previous year. When development is actually underway, revenue data for major revenue sources such as property and sales taxes will be based on the revenue generated within the project area. The first fiscal impact analysis will be jointly undertaken by City and County staff in 1998-99 for fiscal year 1997-98. It is anticipated that an alternative, less expensive procedure than that represented by the FIND Model may be used until some minimum number (such as 500-1,000) of dwelling units are occupied in the otay Ranch area. c. Projected city and county Fi$cal Impacts Based on the development mix and phasing contained in otay Ranch's General Development Plan/Subregional Plan (GDP/SRP) AND using the standard City property tax share of 41%, the Ralph Anderson FIND Model analysis (1995) projected that (1) the County would achieve a net operating surplus over a 30 year development period and that the County's surplus would begin to accrue from the project's onset and (2) the city would incur a net operating deficit over a 30 year development period and that the City would not achieve an annual surplus until the 23rd year of development. overall, the County's cumulative, 30 year surplus was projected at $110.8 million (believed to be somewhat overstated); the city's cumulative 30 year deficit was projected at $19.2 million. However, by the end of Year 30 the city was projected to have an annual operating surplus of approximately $1.1 million in current year dollars. The year-by-year FIND Model projections are summarized in Exhibit C. These projections provided the basis for the City and County property tax negotiations. D. property Tax Agreement--Fixed City Share of the property Tax Of the total property tax generated on the otay Ranch, about 21.3% is available to the city, County and special districts (i.e., library, flood, and fire districts) and is referred to as the "pooled property tax revenue." The remaining 78.7% goes Ita II-t:, otay Ranch Property Tax Agreement Page 7 primarily to the school districts. It is therefore only the approximate 21.3% of the total property tax revenue--the amount available to the City, county and special districts--that is subject to redistribution by establishing a percentage split between the city and County for an annexation. The property tax received by school districts is unaffected by the City/County split. As noted earlier, smaller annexations are covered under the 1984 Master Property Tax Transfer Agreement which provides the City with 41% of the pooled property tax revenue that is available to the city, County and special districts. Under the proposed agreement, the city share is increased from 41% to 50%, and the County's share is correspondingly decreased from 59% to 50%. Over a 30-year period, the additional 9% city share of the property tax is projected to generate an additional $21.0 million in city revenue. At the 50% property tax share, the City is projected to have an on-going, annual surplus of approximately $2.2 million at the end of 30 years. This is double the $1.1 million annual surplus that would be projected at the city's standard 41% property tax share. This data is summarized in Exhibit D. However, even at the increased 50% property tax share, the City is still projected to have annual operating deficits during the first part of the development. As detailed in the following section, these annual deficits are projected to be offset through supplemental transfer payments from the County to the City. E. Offsetting Annual city operating Deficits As detailed in Exhibit E, the City's re~idual, annual operating deficits are projected by the Ralph Anderson FIND Model to total $15.742 million over a 19 year period if the city receives 50% of the pooled property tax. Both County and city staff have implicitly agreed that, based on the FIND Model analysis, no direct offsets would be sought from the developer(s) for operating deficits up to this amount. As such, the proposed Property Tax Transfer Agreement calls for the County to transfer a portion of the economic surplus generated by the Otay Ranch project to the city to cover these residual operating deficits. To account for variations in development phasing from those contained in the FIND Model, the City will be eligible for County transfer payments for fiscal years through FY 2016-17. F. A Minimum City Share of the Net Economic Surplus To further protect the City and Otay Ranch developers, the County 11&1f-? otay Ranch Property Tax Agreement Page 8 has agreed to also transfer to the city up to 3% of the annual net economic surplus generated by the project (i.e. the County surplus remaining after any transfers are made to offset City operating deficits). Based on FIND Model projections, this provision will generate an additional $858,000 for the city over 20 years as indicated in Exhibit F. This transfer will provide a minimum surplus for the City from the project's onset. It also reduces the likelihood that the City would have to seek payments from developers if variations in the fiscal impact analysis create slightly higher operating deficits than currently projected by the FIND Model. G. constraints on county's Transfer Obligation to the city Overall, the County has agreed to transfer up to 67% of its annual surplus generated by the project (as determined by the FIND Model) to the City in order to (1) offset any residual City operating deficits and/or (2) provide the city with a minimum 3% share of the project's net economic surplus. These transfers are subject to a cap on the County's cumulative transfer payments of $16.6 million, over a 20 year period of FY 1997-98 through 2016- 17. (The $16.6 million total is based on the $15.7 million to offset potential City deficits and $858,000 to provide the City with a minimum share of the project's net surplus as projected by the FIND Model and as shown in Exhibit F.) The maximum cumulative transfer amount of $16.6 million from the County to the City will be adjusted on an annual basis to reflect changes in the Consumer Price Index. The proposed agreement also limits the County's annual transfer payment obligation to the City as follows: Years Maximum Annual Transfer Payment 1-3 4-6 7-8 9-11 12-20 $400,000 $1 million $1. 3 million $1. 5 million $1.7 million These maximums are higher than the transfer payment amounts projected by the FIND Model, as shown in Exhibit F. These maximum amounts will also be adjusted on an annual basis to reflect changes in the Consumer Price Index. The proposed agreement calls for seventy-five percent (75%) of any annual transfer payment from the County to the City to be l~/}- ~ otay Ranch Property Tax Agreement Page 9 made in general funds. The remaining twenty-five percent (25%) may be paid in either general funds or unrestricted gas tax funds, at the County's discretion. H. Reimbursement of county Staff Costs The proposed Property Tax Agreement provides that an outside party will pay for the County's staff cost to participate in the annual fiscal analysis that determines the amount of the County's transfer payment to the City for the previous fiscal year. If the city does not provide a mechanism, such as the developer- financed Reserve Fund discussed below, to pay for these County costs, then the City itself will be obligated to pay for these costs. The County's costs are limited to $10,000 per year, except that in the first year the FIND Model is run the cap will be $30,000 and in the second year it will be $15,000. These maximum amounts will be adjusted to reflect changes in the Consumer Price Index and may also be adjusted by mutual agreement of the City and County. It is also likely that the city may want to contract with a financial consultant, such as Ralph Anderson and Associates, to run the FIND Model, particularly the first timers) that the FIND Model is run as the basis of annual County transfer payments. Staff anticipates that the County, City, and any financial consultant costs required to perform the annual FIND Model analysis will be reimbursed by the Reserve Fund discussed below. I. The Proposed Agreement is Contingent on Three Events The proposed Property Tax Transfer Agreement is contingent on: (1) LAFCO including the entire area shown in Exhibit A (as "Areas sUbject to 1996 Otay Ranch Property Tax Agreement"), or at a minimum the addition of Village III and Planning Area 18-B, in the city's Sphere of Influence (SOl) by August 5, 1996; (2) mutual approval of the separate Landfill Agreement; and (3) detachment of the County landfill from the City. The City's SOl was amended in February 1996 to include the entire area shown in Exhibit A except for the "panhandle" area. The panhandle area includes Village III, Planning Area 18-B, the Nelson-Sloan Quarry, small private ownerships in the southwestern area, and the Otay River Valley area proposed for a regional park. The first contingency described above requires that LAFCO by August 5, 1996 include the panhandle area in the City's SOl, or at least a minimum of Village III and Planning Area 18-B. If this minimum area is not added to the city's SOl, then the city and County will have to renegotiate the Property Tax Agreement. The Village III and Planning Area 18-B areas are planned for )/'/i -9 otay Ranch property Tax Agreement Page 10 industrial development and the revenues produced by the proposed development are needed to meet the City's minimum fiscal needs. J. Reserve Fund Agreement with Developers In accordance with the terms of the General Development Plan/Subregional Plan (GDP/SRP), City staff are in the process of formulating a separate Reserve Fund program with the developer of SPA 1. It is anticipated that similar Reserve Fund programs will be applied to all future SPAs in the otay Ranch. The Reserve Fund will provide funds for the annual fiscal impact studies to be conducted by the City and County AND will potentially provide an "insurance" fund should City deficits exceed the levels that the County is obligated to offset (e.g. in excess of 67% of the County's gross surplus in a given year). K. The Importance of Commercial Development The FIND Model projects that sales taxes will produce over 25% of the direct revenue generated for the City from the otay Ranch project over a 30 year periOd. This analysis is based on the GDP's present land use mix, which includes over 7,500,000 square feet of commercial development. Development phasing, however, often varies in response to market factors. To the extent that planned commercial development in the otay Ranch is foregone or deferred for a significant amount of time, the City's revenue base will be significantly impacted as sales tax dollars flow to shopping centers north of the city or to the otay Mesa area south of the otay Ranch. The importance of this commercial development, particularly the more regional oriented retail development planned for the Eastern Urban Center, cannot be overstated. Not only will the Eastern Urban Center development enable the City to more fully capture the revenue potential within the otay Ranch, but it will also help to stem sales tax leakage occurring in existing and future EastLake and Rancho del Rey developments. Staff are working to establish a reasonable nexus between residential and commercial development which will be sympathetic to both market forces and the economic needs of the city and that will maintain the planned "village" orientation of the project. L. Planning for the otay Ranch Upon annexation of otay Ranch territory, the City will revise the existing Public Facility and Transportation Development Impact Fees to incorporate infrastructure needs related to the otay Ranch. These revisions will necessarily represent interim I' IJ- /() otay Ranch Property Tax Agreement Page 11 adjustments until supporting master plans (e.g. for stations, libraries, police facilities, etc) can be updated. fire more formally K. Caveats About the FIND Kodel The FIND Model provides a representation of the MARGINAL costs and revenues generated by new development. As standard in nearly all fiscal impact models, FIND principally applies AVERAGE cost and revenue patterns as a basis for its projections. These averages reflect HISTORICAL relationships. Several important caveats need to be recognized about this approach: By focusing on MARGINAL costs, the model does not assess the impact of pre-existing revenues, such as the transfer of 50% of base pooled property taxes to the City. These base taxes that will be transferred to the City are roughly estimated to be $80,000 per year and when accounted for, will nullify the FIND Model's projected City deficits during the early start up year(s). Furthermore, when base property taxes are taken into account, the annual transfer payments from the County to the City are never projected to exceed 50% of the County's gross surplus. This is far enough below the 67% constraint described previously to provide a cushion to account for reasonable year-to- year fluctuations. The FIND Model methodology apportions service costs on an AVERAGE basis. This means that costs are spread evenly throughout the development period, rather than at their actual occurrence. The fiscal impact projections are subject to significant variation if HISTORICAL patterns change. For example, as recently experienced, shifts in State revenue allocations can have substantial negative impacts on both the City's and County's fiscal well- being. Conversely, a change in sales tax allocation, such as allocating a portion of the sales tax on a per- capita rather than a point-of-sale basis could potentially increase city revenues. Similarly, changes in the City's historical cost patterns, such as efforts to "rightsize" the organization, could reduce the costs of servicing new development and enhance the projected fiscal impact on the city. The FIND Model did not project revenues or expenditures for the proposed university site in Villages 9 and 10. l' R-I( otay Ranch Property Tax Agreement Page 12 Because of uncertainties regarding the type, size and financial impact of a potential university, the FIND Model did not address revenues or expenditures for Villages 9 and 10. When an actual project is being planned for that area, its financial impact will need to be reviewed carefully. The annual FIND Model analysis, conducted to determine the need and amount of transfer payments from the County to the City, will also address the financial impact of the university site when it is built. FISCAL IMPACT: ,Based on the most recent Ralph Anderson FIND Model analysis (1995) and the provisions of the proposed Property Tax Transfer Agreement, the City is projected to receive a surplus of approximately $18.4 million dollars (in current year dollars) from development in the parts of the otay Ranch covered by this agreement over a 30 year period. This is $37.6 million more than the potential $19.2 million deficit that would be projected if the 1984 Master Property Tax Transfer Agreement applied to the otay Ranch rather than the proposed Property Tax Agreement. The city's actual 'impact will depend on a myriad of factors involving the actual land use mix and phasing of the development'as well as City (and County) cost and revenue patterns. staff also intends to, formulate Reserve Fund programs with the developers of otay Ranch. The Reserve Fund will provide funds for the annual'fiscal impact studies needed to implement the proposed Property Tax Agreement and potentially will serve as an "insurance" fund should City deficits in the buildout years exceed the levels the County is obligated to offset by the proposed agreement. Exhibits: A. Areas subject to Property Tax Transfer Agreement B. Example of FIND Model Cost Projections Fiscal Impact of otay Ranch Assuming FIND Model and: C. 1984 Master Property Tax Agreement (41%/59% split) D. 50%/50% Split of Pooled Property Tax E. County Transfer Payments to Offset City Deficits F. County Transfer Payments to Provide Minimum city Share of Surplus G. County staff report to Board of Supervisors on Sphere of Influence/Annexation, Property Tax Agreement, and Landfill Agreement (M:\HOME\ADMIN\JT\OR~PTAX.113) I'D-/'-. RESOLUTION NO.~ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPERTY TAX AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN DIEGO FOR THE OTAY RANCH WHEREAS, the proposed Property Tax Transfer Agreement between the City of Chula vista and the County of San Diego sets forth the financial terms and conditions to be applied to those portions of the Otay Ranch which are included in the city's current Sphere of Influence (as amended in February 1996) as well as the portions of Otay Ranch that are anticipated to be added to the City's Sphere of Influence at the May 6, 1996 LAFCO meeting; and WHEREAS, the geographic areas covered by this agreement are: (1) the western (otay Valley) parcel which includes all Otay Ranch parcels west of the Lower otay Lakes Reservoir, (2) the "Inverted L" parcel north of the Upper Otay Lakes Reservoir, and (3) the Mary Birch Patrick ranchhouse area south of the Upper Otay Lakes Reservoir as detailed in Exhibit A; and WHEREAS, the City and County entered into a Master Property Tax Transfer Agreement in 1984 which covers smaller, more routine annexations and under the terms of that agreement, the City receives 41% of the pooled property tax (i.e. the combined property tax revenue received by the County and special districts) and the County retains 59%; and WHEREAS, the Master Property Tax Transfer Agreement does not, however, apply to annexations which have an assessed value of $35 million or more on the current equalized tax rolls, and the General Development Plan/Subregional plan for the Otay Ranch specifies that a separate property tax agreement will be negotiated by the City and County for annexations within the Otay Ranch; and WHEREAS, as such, the proposed Property Tax Transfer Agreement was negotiated to cover the aforementioned areas of otay Ranch; and WHEREAS, under the provisions of the proposed Property Tax Agreement, staff estimates that over a 30-year period the City may receive about $37.6 million more than we would receive under the terms of the 1984 Master Property Tax Agreement; and WHEREAS, the proposed Property Tax Agreement is also contingent on LAFCO amending the City's Sphere of Influence; AMENDING THE the approval of a separate Landfill Agreement by both the City and the County; and the detachment of the County landfill from the City; and 1 I~'B - J'3 WHEREAS, both the Landfill Agreement and the Property Tax Agreement, as well as the Sphere of Influence issue regarding the panhandle area, are scheduled to be considered by the Board of Supervisors on April 17. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the Property Tax Agreement between the City of Chula vista and the County of San Diego for Otay Ranch, 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 vista. Presented by Approved as to form by James R. Thomson, Deputy City Manager Bruce M. Boogaard, City Attorney C: \ rs\ proptax. Or' 2 J~9-/~ ....J L.~ t-J ~,.. >1'1 i~ - L-:. I', I: I: --I I ~ I : c .... t.) !ii: CD 1/1 I " !n i I~~I~ .)' . . ~z o o r:: ~ - '< r I>> ~ Q, :!I /(;Jj - /5 f) a # .. .... ~ \ ,.... \ r I I .. - I rl L_., I I I H~~*M*~P: .;~:{::::hl~d: ~~"~~i~i. +t4'Nc. Mi**t*~n~ ~"'C....~ (Q'" co., .., 0 CO CD CD'tI ....1>> CD CD !ii:1/I 3::\.1>>1/1 CD'< 1/1 r:: ~-I_C' "'1>>(1)-. >C"'~ - - o ~/~d m >< ::T -. C" -. ..... )> . , , " , , , .... ........ , , ..... . , '---I I I I I I r m C) m z c ~"'C....~ (Q'" co"", .., 0 CD CD CD'tI en I>> CD CD 01/1 3::\._1/1 CD'< I>> r:: ~-t<C' .... D>> ;xj'ii >Cl>>n ~- n- ;:,-0 cn;u --. ..,< CD CD 1>>.., 3 !I' 1/11>> ~ Q, 00 ;::;:;:,- '< r:: ri>> 3 :5 ;::;:1/1 1/1 - I>> EXHIBIT B. An Example of FIND Model Cost Projections COST AREA: Street Division, Public Works Operations COST AllOCATION BY lAND USE: The FIND Model apportions the costs for the City's Street Section as follows: land Use % of Costs Commercial Industrial Multi-Family Single Family 36.10% 11.32% 21.95% 30.63% 100.00% IDENTIFICATION OF VARIABLE COSTS: The FIND Model identifies the portion of the Street Divisions annual budget which will vary as development proceeds (e.g. the direct costs for road maintenance and repair). This figure, adjusted for overhead was assessed at $4,450,438 in the most recent FIND Model analysis. CALCULATION OF UNIT EXPENSES: Using the land use allocations detailed above, the Model calculates the following unit costs: land Use Unit Cost Commercial Industrial Multi-Family Single-Family $1,723.83 per acre $ 894.78 per acre $ 36.04 per dwelling unit $ 57.46 per dwelling unit Thus, in a year in which 1,000 single family and 1,000 multi-family dwelling units are occupied and 10 commercial acres are built in the Otay Ranch area, the City's Street Division costs would be projected as follows: Land Use Annual Street Division Cost for Otav Ranch Commercial Industrial Multi- Family Single Family $ 17,238 (10 acres * $1,723.83 cost per acre) $ 0 $ 36,040 (1000 dwelling units * $36.04/dwelling unit) $ 57.460 (1000 dwelling units * $57.46/dwelling unit) $110,738 /Ml- It .-' EXHIBIT C. City/County Fiscal Impacts . Standard Property Tax Shares (City - 41\; County - 59\) FISCAL IMPACT BEFORE TRANSFERS FISCAL IMPACT AFTER TRANSFERS CITY COUNTY COUNTY CITY CITY TRANSFER ANNUAL CCMULATIVE YR 0.41 0.59 PAYMENT IMPACT IMPACT I ($76,745) $221.573 $0 ($76,745) ($76, 745) 2 ($241,524) $550,053 $0 ($241,524 ) ($318,269) 3 ($475,343) $856.167 $0 ($475,343) ($793,611) . ($709,758) $1,192,927 $0 ($709,758) ($1,503,369) 5 ($906,206) $1,556,626 $0 ($906,206) ($2,409,575) 6 ($1,081,394) $1,946,836 $0 ($1,081,394) ($3,490,969) 7 ($1,319,759) $2,270,491 $0 ($1,319,759) ($4,810,729) 8 ($1,532,473) $2,611.447 $0 ($1,532,473) ($6,343.201) . ($1,739,146) "$2.875,814 $0 ($1,739,146) ($8,082,347) 10 ($1,885,779) $3,225,568 $0 ($1,885,779) ($9,968,126) 11 ($1, 969, 984) $3,480,833 $0 ($1,969,984) ($11,938,110) 12 ($2,101,547) $3.639,284 $0 ($2,101,547) ($14,039,658) 13 ($2,132,055) $3,806,948 $0 ($2,132,055) ($16,171,713) "' ($2,210,393) $3,903,598 $0 ($2,210,393) ($18,382,106) 15 ($2,229,585) $4,030,413 $0 ($2,229,585) ($20,611,691) 16 ($1,348,322) $4,330,802 $0 ($1,348,322) ($21,960,013) 17 ($1,353,540) $4,460,506 $0 ($1,353,540) ($23,313,553) 18 ($1,201.983) $4,564,212 $0 ($1,201,983) ($24,515,536) 19 ($1,036,367) $4,620,468 $0 ($1,036,367) ($25,551,903) 20 ($816,376) $4,700,008 $0 ($816,376) ($26,368,279) 21 ($511, 244) $4,806,087 $0 ($511,244) ($26,879,523) 22 ($146,703) $4,901,224 $0 ($146,703) ($27,026,226) 23 $118,399 $4,995,605 $0 $118,399 ($26,907,827) 2' $601,211 $5,118,736 $0 $601,211 ($26,306,616) 25 $1,088,473 $5,264,658 $0 $1,088,473 ($25,218,143) 26 $1,317,346 $5,334,968 $0 $1,317,346 ($23,900,797) 27 $1,259,705 $5,353,520 $0 $1,259,705 ($22,641,093) 2. $1.202,064 $5,372,073 $0 $1,202,064 ($21,439,029) 2' $1,144,422 $5,390,626 $0 $1,144,422 ($20,294.607) 30 $1,086,781 $5.409,178 $0 $1,086,781 ($19,207.825) $0 /b1-1'1 EXHIBIT D. City/County Fiscal Impacts . PROPOSED Property Tax Shares (City - 50%; County - 50%) FISCAL IMPACT BEFORE TRANSFERS FISCAL IMPACT AFTER TRANSFERS CITY COUNTY COUNTY CITY CITY TRANSFER ANNUAL ctJMULATIVE YR O.S O.S PAYMENT IMPACT IMPACT 1 ($49,302) $194,130 $0 ($49,302) ($49,302) 2 ($166,064) $474,593 $0 ($166.064 ) ($215,366) 3 ($347,215) $728,039 $0 ($347,215) ($562,580) 4 ($525,560) $1,008,729 $0 ($525,560) ($1,088,140) S ($658,121) $1,308,541 $0 ($658,121) ($1,746,260) 6 ($763,075) $1,628,517 $0 ($763,075) ($2,509,335) 7 ($932,260) $1,882,992 $0 ($932,260) ($3,441,595) . ($1,081,715) $2,160,689 $0 ($1,081,715) ($4,523.309) . ($1,216,970) $2,353,638 $0 ($1,216,970) ($5,740,279) 10 ($1,305,431) $2,645,220 $0 ($1,305,431) ($7,045,710) 11 ($1,338,412) $2,849,261 $0 ($1,338,412) ($8,384,122) 12 ($1,435,658) $2,973,395 $0 ($1,435,658) ($9,819,780) 13 ($1,433,111) $3,108,004 $0 ($1,433,111) ($11,252,891) 14 ($1,480,265) $3,173,470 $0 ($1,480,265) ($12,733,156) IS ($1,476,420) $3,277,248 $0 ($1,476,420) ($14,209,575) 16 ($538,046) $3,520,526 $0 ($538,046) ($14,747,621) 17 ($515,936) $3,622,902 $0 ($515,936) ($15,263,551) 18 ($331,354) $3,693,583 $0 ($331,354) ($15,594,911) "' ($146,940) $3,731,041 $0 ($146,940) ($15, 741, 850) 20 $91,848 $3,791,785 $0 $91,848 ($15,650,003) 21 $423,406 $3,871,438 $0 $423,406 ($IS,226,S97) 22 $815,427 $3,939,094 $0 $815,427 ($14,411,170) 23 $1,103,794 $4,010,210 $0 $1,103,794 ($13,307,376) 24 $1,614,439 $4,105,509 $0 $1,614,439 ($11,692,938) 2S $2,128,490 $4,224,642 $0 $2,128,490 ($9,564,448) 26 $2,373,100 $4,279,214 $0 $2,373,100 ($7,191,348) 27 $2,319,946 $4,293,280 $0 $2,319,946 ($4,871,403) 2. $2,266,791 $4,307,346 $0 $2,266,791 ($2,604,612) 2. $2,213,637 $4.321,412 $0 $2,213,637 ($390,975) 30 $2,160,482 $4,335,477 $0 $2,160,482 $1,769,507 $0 / {.; II-If} --"._--~--_.'-- EXHIBIT E. SO/50 PROPERTY TAX SPLIT COUNTY TRANSFER PAYMENTS TO OFFSET PROJECTED CITY DEFICITS FISCAL IMPAcr BEFORE TRANSFERS FISCAL IMPACT AFTER TRANSFERS CITY COUNTY COUNTY CITY CITY TRANSFER PAYMENT: ANNUAL CUMULATIVE YR O.S O.S DEFICIT OFFSET IMPAcr IMPAcr 1 ($49,302) $194,130 $49,302 $0 $0 2 ($166, 064) $474.593 $166,064 $0 $0 3 ($347,215) $728,039 $347,215 $0 $0 . ($525,560) $1,008,729 $525,560 $0 $0 S ($658,121) $1,308,541 $658,121 $0 $0 . ($763,075) $1,628.517 $763,075 $0 $0 7 ($932,260) $1,882,992 $932,260 $0 $0 8 ($1.081,715) $2,160.689 $1,081.715 $0 $0 . ($1,216,970) $2.353,638 $1,216,970 $0 $0 10 ($1,305,431) $2,645,220 $1,305,431 $0 $0 11 ($1,338,412) $2,849,261 $1,338,412 $0 $0 12 ($1,435,658) $2.973,395 $1,435,658 $0 $0 13 ($1,433,111) $3,108,004 $1,433.111 $0 $0 14 ($1,480,265) $3,173,470 $1,480,265 $0 $0 IS ($1,476,420) $3,277,248 $1,476,420 $0 $0 "' ($538,046) $3,520,526 $538,046 $0 $0 17 ($515,936) $3,622,902 $515,936 $0 $0 18 ($331,354) $3,693,583 $331,354 $0 $0 19 ($146,940) $3,731,041 $146,940 $0 $0 20 $91,848 $3.791,785 $0 $91,848 $91,848 21 $423,406 $3,871,438 $0 $423,406 $515,253 22 $815,427 $3,939,094 $0 $815,427 $1.330,680 23 $1,103,794 $4,010,210 $0 $1,103.794 $2,434,474 24 $1,614,439 $4,105,509 $0 $1,614,439 $4,048,913 2S $2,128,490 $4,224,642 $0 $2,128,490 $6,177,402 2. $2,373,100 $4,279,214 $0 $2,373,100 $8,550,502 27 $2,319,946 $4,293,280 $0 $2,319,946 $10,870,448 28 $2,266,791 $4,307,346 $0 $2,266,791 $13,137,239 2. $2,213,637 $4,321,412 $0 $2,213,637 $15,350,875 30 $2,160,482 $4,335,477 $0 $2,160,482 $17,511,357 $15,741,850 Ibll- /q EXHIBIT F. SO/SO PROPERTY TAX SPLIT COUNTY OFFSET OF CITY DEFICITS 3\ CITY SHARE OF NET SURPLUS FISCAL IMPACT BEFORE TRANSFERS PISCAL IMPACT AFTER TRANSFERS CITY COCNTY COCNTY COUNTY COUNTY CITY CITY TRANSFER PAYMENT: TRANSFER PAYMENT : TOTAL ANNUAL ctMJLATIVE YR 0.5 0.5 DEPICIT OFFSBT 3\ SURPLUS SHARE TRANSFERS IMPACT IMPACT 1 ($49,302) $194,130 $49,302 $4,345 $53,646 $4,345 $4,345 2 ($166,064 ) $474,593 $166,064 $9,256 $175,320 $9,256 $13,601 3 ($347,215) $728,039 $347,215 $11,425 $358,639 $11,425 $25,025 . ($525,560) $1,008,729 $525,560 $14,495 $540,055 $14,495 $39,521 5 ($658,121) $1,308,541 $658,121 $19,513 $677,633 $19,513 $59,033 . ($763,075) $1,628,517 $763,075 $25,963 $789,038 $25,963 $84,996 7 ($932,260) $1,882,992 $932,260 $28,522 $960,781 $28,522 $113,518 8 ($1,081,715) $2,160,689 $1,081,715 $32,369 $1,114,084 $32,369 $145,888 . ($1,216,970 ) $2,353,638 $1,216,970 $34,100 $1,251,070 $34,100 $179,988 10 ($1,305,431) $2,645,220 $1,305,431 $40,194 $1,345,625 $40,194 $220,181 11 ($1,338,412) $2,849,261 $1,338,412 $45,325 $1,383,737 $45,325 $265,507 12 ($1,435,658) $2,973,395 $1,435,658 $46,132 $1,481,790 $46,132 $311,639 13 ($1,433,111) $3,108,004 $1,433,111 $50,247 $1,483,358 $50,247 $361,886 1. ($1,480,265) $3,173,470 $1,480,265 $50,796 $1,531,061 $50,796 $412,682 15 ($1,476,420) $3,277,248 $1,476,420 $54,025 $1,530,444 $54,025 $466,707 I. ($538,046) $3,520,526 $538,046 $89,474 $627,520 $89,474 $556,181 17 ($515,936) $3,622,902 $515,936 $93,209 $609,145 $93,209 $649,390 18 ($331,354) $3,693,583 $331,354 $100,867 $432,220 $100,867 $750,257 19 ($146,940) $3,731,041 $146,940 $107,523 $254,463 $107,523 $857,780 20 $91,848 $3,791,785 $0 $370 $370 $92,218 $949,997 21 $423,406 $3,871,438 $0 $0 $423,406 $1,373,403 22 $815,427 $3,939,094 $0 $0 $815,427 $2,188,830 23 $1,103,794 $4,010,210 $0 $0 $1,103,794 $3,292,624 2' $1,614,439 $4,105,509 $0 $0 $1,614,439 $4,907,062 25 $2,128,490 $4,224,642 $0 $0 $2,128,490 $7,035,552 2. $2,373,100 $4,279,214 $0 $0 $2,373,100 $9,408,652 27 $2,319,946 $4,293,280 $0 $0 $2,319,946 $11,128,597 28 $2,266,791 $4,307,346 $0 $0 $2,266,791 $13,995,388 2. $2,213,637 $4,321,412 $0 $0 $2,213,637 $16,209,025 30 $2,160,492 $4,335,471 $0 $0 $2,160,492 $18,369,507 $15,741,850 $858,150 $16,600,000 It?/j- 1.0 ---,-_...~ .-.,.- ----"- ._~ ....---- (ID\M~~1r AGREEMENT BETWEEN COUNTY OF SAN DIEGO ANO CITY OF CHULA VISTA REGARDING TERMS OF OTAY RANCH ANNEXATION TO CHULA VISTA INCLUDING PROPERTY TAX TRANSFER AGREEMENT This Agreement dated this day of , I996, by and between the County of San Diego, a political-SUbdivision of the State of California, and the City of Chula Vista, a municipal corporation of the State of California provides as follows: RECITALS A. Revenue and Taxation Code Section 99 requires the negotiation of any exchange of property tax revenues occasioned by jurisdictional changes between the agencies affected. Under such circumstances the Board of Supervisors is authorized to negotiate such property tax revenue exchanges on behalf of the County and of affected special districts. B. The Otay Ranch project has been jointly planned by the City of Chula Vista and the County of San Diego. The City and County jointly developed a fiscal impact model known as the "Fiscal Impact of New Development (FIND)" Model. C. Both the City of Chula Vista and County of San Diego have mutually determined that all of the area within the Otay Ranch shall be excluded from coverage under the Master Property Tax Transfer Agreement [County, Nov. 20, 1984 (17); City of Chula Vista, Nov. 27, 1984 (#11852)]. D. The Board of Supervisors has negotiated with Chula Vista and special districts to determine an equitable exchange of property tax revenues applicable to the "western parcel," the "inverted l" and the "Mary Patrick Birch Estate Ranch House" of Otay Ranch (Exhibit A attached hereto). E. County and City have negotiated and entered an agreement entitled "Agreement Between the County of San Diego and the City of Chula Vista regarding Otay Ranch Annexation and Operation of Otay landfill ("Otay landfill Agreement".) The Otay landfill Agreement is on file with the Clerk of the Board of Supervisors as Document No. NOW THEREFORE, COUNTY AND CITY AGREE AS FOllOWS: Section 1. DEFINITIONS. The following terms shall have the following meanings for purposes of this Agreement. "Affected Territory" includes all lands within the boundaries of Exhibit A, attached hereto, that has been annexed to the City by the close of any given Subject Fiscal Year, said years defined below. "City" shall mean the City of Chula Vista. "City Operating Deficit" shall mean City revenues minus City expenditures within the Affected Territory as determined by FIND, with any Developer Contribution to the City counted as a revenue. In assessing City and County / u'/l-.2.J lID 00 ill ~1f -2- expenditures for the Affected Territory, service costs shall not exceed the respective Citywide or Countywide average cost as based on the service level provided to residents throughout the City or County. "Contract Officers" shall mean one employee of the County designated in writing by the County Chief Administrative Officer, and one employee of the City designated in writing by the City Manager, authorized to make certain specified decisions pursuant to this Agreement. "County" shall mean the County of San Diego. "County Gross Surplus" shall mean County revenues minus County expenditures within the Affected Territory, as determined by FIND, for a specified Subject Fiscal Year. County Gross Surplus shall be calculated prior to and exclusive of any Transfer Payments. "Developer Contri but ions" shall mean any payments made by property owners or developers to offset the fiscal impact on the City from development within the Affected Territory. It does not include (a) payments to offset the costs of rendering direct services, (b) payments made to cover a residual City Operating Deficit not offset by Transfer Payments from the County because of constraints relating to caps on annual and cumulative transfer amounts, as detailed in Section 2, paragraph C, (c) payments made to offset City costs which are not part of FIND, such as sewer fees, development impact fees or park acquisition and development fees, and (d) payments made to obtain tangible or nontangible City assets. "Deve 1 oper Payments" shall mean any payments made by property owners or developers to offset City and County costs of implementing this Agreement. "FIND" shall mean the Model "Fiscal Impact of New Development" which is described in the Service/Revenue Plan adopted by the County Board of Supervisors on October 28, 1993 and by the City Council of Chula Vista on October 28, 1993. The Model uses actual Citywide and Countywide expenditure, revenue and development data to establish the marginal costs and revenues related to residential, commercial and industrial land uses within each jurisdiction. These Citywide and Countywide factors are in turn applied to the specific level and mix of development occurring in the Affected Territory on a year-by-year basis, thereby providing a representation of City and County fiscal impacts for any given Subject Fiscal Year. The Model is dynamic in that the marginal cost and revenue factors are updated annually. By mutual agreement of City and County Contract Officers, "FIND" can be replaced with a different fiscal model to be used for the same purpose. "Maximum Cumulative Transfer Payments" is a limitation on total Transfer Payments to be paid during the life of this Agreement. It is the sum of Transfer Payments from Year One plus those in all subsequent-years. "Maximum Transfer Payments" are limitations on the amount of Transfer Payments to be paid for any Subject Fiscal Year pursuant to this Agreement. IWl-;2L w rn&~lr -3- "Net Combined Surplus" shall mean the sum of the surplus of the City and County derived from within the Affected Territory, as determined by FIND. It shall include the sum of the following: "City revenues minus City expenditures" and "County revenues minus County expenditures." "Running the Model" means inputing the data for the Subject Fiscal Year into a computer, obtaining written results, and within 30 days, agreement by the Contract Officers that the results are accurate. If results are not deemed to be accurate due to program or data entry errors in FIND, the Model shall be rerun and another 30 days shall be authorized for evaluating the accuracy of the results. "Subject Fiscal Year" is a specific fiscal year for which a FIND analysis, or a mutually agreeable alternative fiscal analysis, is performed under the terms of this Agreement. Unless otherwise determined by the Contract Officers, the fiscal year shall run from July 1 of one calendar year through June 30 of the following calendar year. Each subject fiscal year shall become known in sequence as "Year 1," and numbered sequentially through Year 20. "Transfer Payments" shall mean the payments made by the County to the City pursuant to the terms of this Agreement. "Year One of this Agreement" shall be fiscal year 1997-1998, which shall be the first Subject Fiscal Year. Section 2. PROPERTY TAX EXCHANGE AND TRANSFER PAYMENTS. A. This Agreement covers the geographic area known as the "western parcel," the "inverted L" and the "Mary Patrick Birch Estate Ranch House" of Otay Ranch with the exclusion of the County landfill and exclusion of the inholdings that are not a part of Otay Ranch. Exhibit A filed with the Clerk of the Board of Supervisors as Document No. and with the City Clerk as Document No. is the boundary of the covered area. An informational unofficial copy of Exhibit A is attached hereto. This Agreement is not applicable to other portions of the Otay Ranch. Other portions of Otay Ranch may not be annexed to the City without an additional negotiated agreement. B. The split of all property tax revenue (including base and annual tax increment ["ATI"]) shall be as follows: 50% of the pooled revenue of the County and detaching special districts shall be allocated to the County of San Diego, and 50% shall be allocated to the City of Chula Vista. C. The County shall make Transfer Payments to the City on the following basis: (l) For Subject Fiscal Years 1 through 20, the County shall make Transfer Payments to the City to fully cover the City's Operating Deficits as determined by FIND, subject to the constraints detailed in Section 2 Paragraph C subparagraph (4). 1t;?/J-t3 wOO&~1f -4- (2) For Subject Fiscal Years 1 through 20, in addition to the Transfer Payments in subparagraph (1) above, the County shall make additional Transfer Payments to the City if needed to assure that the City receives a guaranteed minimum of 3% of the Net Combined Surplus for each Subject Fiscal Year, subject to the constraints detailed in Section 2, paragraph C, subparagraph (4). If the City surplus comprises 3% or more of the Net Combined Surplus in a given Subject Fiscal Year, no Transfer Payment shall be made for that Subject Fiscal Year. (3) For any Subject Fiscal Year for which a Transfer Payment is required pursuant to subparagraphs C(l) or C(2) above, seventy-five percent (75%) of the total Transfer Payment shall consist of general funds. The remaining twenty-five percent (25%) of the Transfer Payment may be remitted in any combination of general fund or gas tax funds, at the County's discretion. If gas tax funds are remitted, the transferred funds shall be unrestricted as to use except for the normal constraints which apply to other gas tax funds received by the City. (4) Subparagraphs (1), (2) and (3) above are subject to the following restrictions: (a) No Transfer Payments shall be required for fiscal years other than Subject Fiscal Years 1 through 20. Annual Maximum Transfer Payments for Subject Fiscal Years 1-3 of this Agreement shall not exceed $400,000; for Subject Fiscal Years 4-6 shall not exceed $1,000,000; for Subject Fiscal Years 7-8 shall not exceed $1,300,000; for Subject Fiscal Years 9-11 shall not exceed $1,500,000; and for Subject Fiscal Years 12-20 shall not exceed $1,700,000. (b) (c) Maximum Cumulative Transfer Payments shall not exceed $16,600,000. (d) The County will not make any Transfer Payment of any amount in excess of 67% of the County Gross Surplus for any Subject Fiscal Year. (e) For any given Subject Fiscal Year, the caps on County Transfer Payments specified in subparagraphs (a) through (d) above may prohibit the County from fully offsetting a City Operating Deficit or from fully providing for the minimum 3% City share of the Net Combined Surplus. If this occurs, there shall be no carryover of the County obligation to offset this residual deficit nor to provide for the unmet minimum share of the surplus in subsequent years. Similarly, if the City achieves a surplus in any given Subject Fiscal Year, there shall be no carryover of that surplus amount as an offset against County obligations to offset City Operating Deficits occurring in /4711-2 tf OOOO&~TI -5- future years nor as an offset to provide for the minimum City share of the Net Combined Surplus in those future years. (5) The Maximum Transfer Payments and Maximum Cumulative Transfer Payments in subsection (4) above as well as the cap on County costs in Section 3.B below shall be adjusted annually during the term of this Agreement, with the first adjustment to be made in February 1997. The adjustment will be based on the percentage change in the Consumer Price Index for All Urban Consumers for the San Diego Area, as published in February by the U.S. Department of labor, Bureau of labor Statistics, for the preceding calendar year. If the U.S. Department of labor ceases to publish this CPI index or changes its publication cycle, the City and County Contract Officers will meet and confer in good faith to determine an equivalent replacement CPI index or modify the timing of the annual adjustment to achieve an equivalent annual adjustment. Section 3. TRANSFER PAYMENTS. The County and City agree that the Transfer Payments described in Section 2 above shall be in accordance with all of the following provisions and conditions: A. For Subject Fiscal Years 1 through 20, the FIND Model shall be run to determine the amount of any Transfer Payments. The FIND Model will be run during the fiscal year following the Subject Fiscal Year, so that actual Citywide and Countywide revenues and expenditures can be used for the Subject Fiscal Year. Unless changed by mutual consent of the Contract Officers, the underlying methodology and assumptions used in the FIND Model described in the Service/Revenue Plan, dated January 21, 1993, and adopted by the County Board of Supervisors and City Council on October 28, 1993, shall be used in Running the Model, with the exceptions or specific stipulations detailed below: (I) The FIND Model shall include the budget categories "County Rents and leases" and "County Capital Department" as variable costs, as per the County-preferred methodology described on pages 75 through 78 of the "Otay Ranch Service/Revenue Plan" dated January 21, 1993. (2) Wherever verifiable data for significant revenue sources is readily available for the Affected Territory, that data shall be substituted for the FIND Model estimates. It is anticipated that: (a) Revenue generated by sales tax within the Affected Territory shall be based on actual figures for the Subject Fiscal Year provided by the City Finance Department and based on data obtained from the City's sales tax consultant. ~&-25 (7) (8) (9) (10) lID OOill~u -6- (b) Revenue generated by property tax within the Affected Territory shall be based on figures provided by the County Auditor. (c) Revenue generated by the property transfer tax within the Affected Territory shall be based on figures provided by the County Treasurer. (3) For more minor revenue Sources or when verifiable data is not readily available for the Affected Territory, revenue data used to establish the marginal revenue factors applied to the Affected Territory shall be based upon actual Citywide and Countywide revenue data for the Subject Fiscal Year. Expenditure data used to establish the Citywide and Countywide marginal cost factors applied to the Affected Territory shall be based upon actual Citywide and CountYWide expenditure data for the Subject Fiscal Year. (4) Population estimates relating to the Affected Territory shall be based on the number of occupied dwelling units as of December 31 of the Subject Fiscal Year, to be provided by the City Planning Department. Other development inputs relating to the Affected Territory (e.g., commercial acreage) shall be based on actual development certified for occupancy as of December 31 of the Subject Fiscal Year, to be provided by the City Building and Housing Department. (5) (6) If quality data is not available from the sources specified in sUbparagraphs (2), (3), (4) and (5) above, the Contract Officers may agree to derive the data from another source. The FIND Model shall be modified each year to incorporate changes in local, State or Federal revenue allocations or changes in City or County tax rates for the Subject Fiscal Years in which such changes become effective. The FIND Model shall be modified to correct for errors in City or County inputs as Soon as practical after such errors are identified. Upon mutual consent of the Contract Officers or their designees, other minor adjustments to the FIND Model may be made as required. Upon mutual consent of the Contract Officers, the FIND Model may be replaced on an interim or ongoing basis with another fiscal model or simpler methodology. /~/l- .26 ~OOill~~ -7- (II) The County Board of Supervisors and Chula Vista City Council may, at any time, agree to discontinue the annual fiscal analysis described in this Section upon mutually agreeable terms. B. The County's annual staff costs to monitor, review, construct, and in all ways participate in all runs of the FIND Model shall be paid by an outside party. If the County's costs are not paid in full by Developer Payments, the City of Chula Vista may pay these costs from City funds. The County shall not make any Transfer Payment for any Subject Fiscal Year for which the County's staff costs are not paid by an annual date to be mutually agreed upon after the first year of this analysis. The County agrees that it will not request reimbursement for staff costs exceeding $10,000 per year, except that in the first year the Model is run the cap shall be $30,000 and in the second year the Model is run the cap shall be $15,000. These maximum amounts of staff cost reimbursement will increase annually in accordance with the provisions in Section 2.C (5) above and may also be adjusted by mutual consent of the Contract Officers. The maximum payments to the County for its staff costs for a particular Subject Fiscal Year may also be increased in accordance with the provisions of the following paragraph. For any Subject Fiscal Year, if the City is reimbursed by Developer Payments for the costs of implementing this Agreement in an amount exceeding the above stated caps, the County shall be eligible for a similar reimbursement amount if justified by their expenditure of time and materials. In determining whether the City is reimbursed by Developer Payments for the costs of implementing this Agreement in an amount exceeding the above stated caps, the following types of reimbursements shall be excluded: costs for contracting with a third party to run the FIND Model, or an agreed upon alternative model, including contractor charges associated with data entry, programming changes, printing reports, or developing a new or revised model. All City or County requests for reimbursable expenses related to this Agreement shall be made in writing to the City Contract Officer and shall specify the staff person involved, the work done, the hours spent, the hourly charge rate and the associated overhead cost using the jurisdiction's applicable full cost recovery rate. The City, County, and developer have the right to audit all City and County records of time spent on reimbursable activities. It is assumed that the cost of Running the Model shall be paid by Developer Payments. The County will not be responsible for any costs of Running the Model whether or not developer payments are actually collected for that purpose. C. The County agrees to make the Transfer Payment within 90 days after the Model is run. The specific annual timing of Running the Model /b~t7 rnoom~u -8- shall be determined after the first year the Model is run, with the understanding that the Model will be run and revenues transferred in each fiscal year for the preceding Subject Fiscal Year. Section 4. MISCELLANEOUS. A. Resolution of Disagreements Regarding FIND Application. In the event of a disagreement between the parties regarding the data to be processed in the agreed upon FIND Model, or the appropriate application of such FIND Model to such data, the parties agree to attempt, in good faith, to resolve such disagreement in accordance with the provisions set forth below: (1) Meet and Confer. The parties shall state their respective positions on the disagreement in writing and exchange such statements. Thereafter, at times and locations mutually agreeable to the parties, the parties shall meet and confer to attempt to resolve their disagreement. If the parties are not able to resolve their disagreement by the date falling 30 calendar days after their first meeting on the subject, unless the parties otherwise agree, the matter shall be submitted for non-binding mediation in accordance with the terms and conditions set forth below. (2) Mediation. (a) ADDointment/Oualifications of Mediator. In the event that the parties are unable to resolve their disagreement by meeting and conferring among themselves as provided above, the parties shall meet to select a mediator who will attempt to resolve the disagreement. Unless otherwise agreed by the parties, the mediator shall have at least ten years combined experience in financial analysis and contract interpretation. In the event that the parties are unable to agree on a mediator by the date falling 10 calendar days after the expiration of the meet and confer period, the parties shall petition the presiding Judge of the Superior Court of the County of San Diego to appoint a mediator who possesses the above-described qualifications. If the Presiding Judge is unable or unwilling to appoint a mediator, the parties will meet and confer in good faith to identify an alternate third party to appoint a mediator. (b) Conduct of Mediation. The mediation shall occur at times and locations agreed upon by the parties. The parties shall submit to the mediator their respective statements on the disagreement and any and all other relevant documents or evidence supporting their position that each may choose to provide. Neither party, nor the mediator, shall have any discovery powers in the proceeding. The /68-t8 wOO&~TI -9- mediator shall meet with the parties and attempt to resolve their disagreement by facilitating discussions between them. The mediator shall not take a position on the dispute unless requested to do so by both parties. In the event that mediation process does not resolve the disagreement by the date falling 15 days after the appointment of the mediator, unless extended by the mutual agreement of the parties, the mediation process shall terminate. All discussions at the mediation shall be kept confidential and shall not be discoverable in any subsequent proceedings. Each party shall bear their own costs in the mediation and the parties shall share equally in any and all costs charged by the mediator. Any costs to be borne by the County under this Section shall not be subject to the provisions of Section 3B hereof. (c) Non-bindino Nature of Process. Although the parties are required to participate in the above-described dispute resolution process in good faith, neither party shall be obligated to agree to any particular proposed resolution to the disagreement at issue, whether proposed by the other party or the mediator, and each party reserves the right, in its sole discretion, to reject any or all resolutions that are proposed during the process. In the event that a resolution of the disagreement at issue is not reached, each party reserves the right to pursue any and all remedies available at law or in equity with respect thereto. (d) ADDlicabilitv. This provision described in Section 4A(2) of this Agreement shall apply only to disagreements over the subject matter specifically set forth in Section 4A. In the event of a disagreement over some other subject matter, the parties shall not be obligated to engage in this process, and the parties reserve the right to pursue any and all remedies available at law or in equity with respect thereto. B. Jurisdiction and Venue. The parties agree that this contract shall be governed by the laws of the State of California, and in the event that litigation is instituted by either party, it shall be instituted in the State of California, and in the court of appropriate jurisdiction in San Diego County. C. Entire Aoreement. This Agreement represents the entire agreement of the parties as to the subject matter herein addressed. 1~#-29 wOOill~u -10- D. Severabilitv. If any non-material prOVlSlon of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not~affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision has not be contained herein. E. Not i ce. Any notice required or permitted to be provided under this Agreement shall be provided by first class mail, postage prepaid, to the following persons: City: City Manager, with copies to City Attorney and Contract Officer for this Agreement, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 91910 County: Chief Administrative Officer, with copies to County Counsel and Contract Officer for this Agreement, County Administration Center, 1600 Pacific Highway, San Diego, California 92101 or such other address either party provides or requires for the providing of notice. F. Eaual ParticiDation in Draftina. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Section 5. LANDFILL AND CONTINGENCY OF THIS AGREEMENT. A. The Otay Landfill shall be excluded from coverage from any property tax agreement previously adopted by the County Board of Supervisors and by the City Council of Chula Vista. The includes the "Master Property Tax Transfer Agreement" adopted by the County on November 20, 1984 (17) and by the City on November 27, 1984 (#11852). The landfill cannot be annexed to the City unless and until a subsequent property tax agreement is adopted covering this property. B. This Agreement is contingent upon adoption by both the City and County of the companion agreement "Agreement Between the County of San Diego and the City of Chula Vista Regarding Otay Ranch ~ Annexation and Operation of Otay Landfill." This Agreement is also contingent upon LAFCo approval, by August 5, 1996, of an amended sphere of influence for Chula Vista that incudes all territory shown as "areas subject to 1996 Otay Ranch Property Tax Agreement" on /~/f- .10 lID 00 ill ~ lJ -ll- Exhibit A, or at least a minimum of Village III and Planning Area 18-B. If the companion agreement is not mutually adopted, or if the City's sphere is not amended to include a minimum of Village III and Planning Area 18-B, this Agreement shall be null and void. C. This Agreement is also contingent upon the detachment of the County landfill from the City in a reorganization that includes the first annexation of territory pursuant to this Agreement. D. Section 2 of this Agreement is contingent upon the County's continued ability to operate the Otay Landfill as defined in the companion agreement "Agreement Between the County of San Diego and the City of Chula Vista Regarding Otay Ranch Annexation and Operation of Otay Landfill." If the Remedies for a Major Breach in the latter agreement are to be imposed, those remedies shall be implemented and shall supersede the provisions of Sections 2 and 3 of this Agreement. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HAND ON THE DATE AND TIME FIRST ABOVE INDICATED. County of San Diego by City of Chula Vista by BOARD02\OTAY.AGR;tf /d7I9- ~/ fFlLAI~II~IIII~I(Qj !FO[fF<Q>!F01r COUNTY OF SAN DIEGO REVISED REPORT DATE: April 17, 1996 TO: Board of Supervisors SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH (Districts 1 and 2) SUMMARY: Issue Should the County Board of Supervisors reconsider its positions on the "peninsula" area of the Chula Vista Sphere of Influence (Sphere); and the phasing of potential annexation areas affecting the Otay Ranch project? The Board's present positions are to exclude all of the "peninsula" area from the Sphere which includes.the County landfill, Village 3, Nelson- Sloan Quarry, small ownerships in the southwestern portion and the Otay River Valley area proposed for regional park. The Board has also recommended that annexation should be phased pursuant to the development phasing approved as part of Board Policy 1-109, Subcommittee and Plans to Guide DeveloDment of the Otav Ranch Proiect. An agreement on the negotiated exchange of property tax revenues for Otay Ranch is needed before LAFCo can consider any annexations within Otay Ranch. Both the City of Chula Vista and County agreed that the Master Property Tax Agreement would not apply to this project, and that a special agreement would be negotiated. On September 15, 1995, the Board appointed Supervisor Greg Cox and Supervisor Bill Horn as the Ad Hoc Board Committee for Otay Ranch property tax negotiations. In the course of property tax negotiations as well as during the deliberations on sphere of influence, the boundaries to be covered by this agreement became an issue. Specifically, the County has concerns about the annexation of the remaining portion of the Otay Landfill because of potential interference by the City with ongoing landfill operations. To ameliorate these concerns, a separate landfill agreement has been proposed. This landfill agreement ties into the property tax agreement with severe financial penalties to the City for interference with landfill use. Alternatives: 1. Take one of the following actions on the "peninsula" portion of the Sphere proposal and direct the Chief Administrative Officer (CAO) to transmit that recommendation to the LAFCo: (a) Reaffirm the Board's position as stated on September 20, 1995 (1), (2) which excludes the County landfill; Village 3 mixed- /~I?- J2 000001APR 17% SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH use area; Nelson-Sloan Rock Quarry; and the Otay River Valley area proposed for regional park acquisition (Attachment 1); OR (b) Modify the Board's previous position to approve the City of Chula Vista recommendation which includes all of the "peninsula" in the proposed Sphere (Attachment 2); OR (c) Modify the Board's position to approve the LAFCo staff recommendation which includes all of the areas of the "peninsula", except the County landfill which would be designated a SDecial Studv Area (Attachment 3). 2. Take one of the following actions on the annexation process: (a) Reaffirm the Board's position as stated on December 14, 1994 (9), that annexation of the Otay Valley parcel should be phased the same way as development will be phased under the Villaoe Phasino Plan (Attachment 4); OR (b) Modify the Board's position and approve the City of Chula Vista recommendation which allows all of the Otay Valley parcel areas within the Sphere to be annexed at one time. 3. Take one of the following actions on the property tax exchange agreement: (a) If the Board is willing to adopt a property tax agreement that includes all of the western territories within the Chula Vista sphere of influence including Village 3, Approve and authorize execution by the Clerk of the Board of the AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA REGARDING TERMS OF OTAY RANCH ANNEXATION TO CHULA VISTA INCLUDING PROPERTY TAX TRANSFER AGREEMENT (Attachment 5). (b) If the Board retains the previous County position on the Chula Vista sphere of influence and wishes to reinforce that position by retaining those boundaries in the property tax agreement, Direct the CAO to return to negotiations with Chula Vista on a . property tax exchange agreement for the County-preferred sphere of influence boundaries. 4. Upon receipt, approve and authorize execution by the Clerk of the Board of the AGREEMENT B~EEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA REGARDING OTAY RANCH ANNEXATION AND OPERATION OF OTAY LANDFILL (Attachment 6). - 2 - NJl- J3 000002 AP1I17% SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH RecOI1I11endation CHIEF ADMINISTRATIVE OFFICER: Adopt Recommendations l(c), 2(b), 3(a), and 4 above. Advisory Statement N/A Fiscal Impact No fiscal impact is anticipated from action on the Sphere or annexation phasing. However, the project (if annexed and built according to the plan) will result in net revenues (after costs are subtracted) ranging from $194,000 (Year 1) to $4.3 million annually at buildout. Regarding the tax distribution agreement, if approved, this request will result in $0.0 current year cost, up to $1.7 million annual cost and the addition of 0.0 staff year. Staff costs are estimated at $30,000 (FY 199B-99), $15,000 (FY 1999-2000) and $10,000 annually thereafter for the next 2B years, to be reimbursed by developers or by Chula Vista. The funding source is the General Fund and the Road Fund. Attachment 7 provides fiscal projections for the fiscal impact to the County upon annexation and development of Otay Ranch under the proposed property tax agreement. BACKGROUND: On March 20, 1996 (3), the Board of Supervisors continued this item to allow staff to complete negotiations with Chula Vista on the Landfill Agreement. The Board also authorized a General Plan Amendment and Rezone of the incorporated portion of the landfill to allow it to be detached from the City of Chula Vista. SPHERE OF INFLUENCE STATUS (RECOMMENDATION #1) On February 5, 1996, LAFCo took action to approve the Chula Vista Sphere of Influence (Sphere) which would align the Sphere on the: 1) Northern Boundarv to include the "inverted L" planning area and the adjoining Watson property; and 2) Eastern Boundarv to include the Upper and Lower Otay Lakes Reservoir and a 50 acre parcel immediately north of the Lakes, but exclude the Resort Planning Area. This action supports the Board of Supervisors position for these areas as stated on September 20, 1995 (1) and (2). LAFCo, however, deferred action on the Southern and Western Boundarv which is commonly referred to as the "peninsula" and includes the County Otay Landfill; Village 3 mixed-use area; the Nelson-Sloan Rock Quarry; small private ownerships in the southwestern area; and the Otay River Valley area proposed for regional park acquisition. LAFCo continued the hearings on the "peninsula" until April 1, 1996, so as to provide an opportunity for the for City of Chula Vista to meet with those property owners opposing inclusion in the Sphere. In addition, LAFCo expressed hope that the County and City would utilize this period to reconcile remaining differences on the Sphere, tax distribution and - 3 - /r;4/- 3'1- OOOOOJAPR 17% SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFill AGREEMENT FOR OTAY RANCH the operation of the County landfill. At this time four alternative Sphere alignments for the "peninsula" area remain under discussion: o Count v Recommendation: Excludes all of the areas within the "peninsula" from the Sphere. These areas are the County Otay landfill; Village 3 mixed-use area; Nelson-Sloan Rock Quarry; small private ownerships in the southwestern portion; and the Otay River Valley area proposed for regional park acquisition (Attachment 1); o Chula Vista Recommendation: Includes all of the areas within the "peninsula" in the Sphere (Attachment 2); o lAFCo Staff Recommendation: Includes all of the areaS within the "peninsula" in the Sphere, except the County Otay Landfill area which would be designated a SDecial Study Area. This alternative allows the City and County to continue negotiations over the long-term operation of the facility. If an agreement is reached, this area could be reconsidered for inclusion in the Sphere and annexation (Attachment 3). o Results of Citv/County Discussions: Includes all of the areas within the "peninsula" in the sphere, and includes the entire portion of the County Otay Landfill (not just the unincorporated portion) as a Soecial Study Area. In addition, when the first annexation within Otay Ranch is processed, the City would include the detachment of the existing City part of the landfill as part of the reorganization. ANNEXATION PHASING (RECOMMENDATION 121 lAFCo also stated their intention to consider the issues of annexation phasing at the next scheduled hearing. The Board has recommended to lAFCo [December 14, 1994 (9)] that annexation of the Otay Valley parcel should be phased the same way that development applications are required to be phased in the Vi11aae Phasina Plan that envisions the Otay Valley parcel to be built in four phases. The first phase includes Villages 1 and 5 adjacent to Telegraph Canyon Road. Development applications for these villages have been filed with the City of Chula Vista as well as annexation applications to lAFCo. The second phase includes Villages 2, 3 and 6 which are located west of Wolfe Canyon. The third phase will include Villages 4, 7 and 11 which will complete all development west of SR 125. The final phase four will include Village 8, Villages 9 and 10 (which are the potential university sites) and Village 12, the Eastern Urban Center. Otay Ranch is anticipated to be built over a 30 year time span. The Vi11aae Phasina Plan was intended to serve as a guideline for the orderly development of the Otay Ranch project and avoid discontinuous, "leap frog" or otherwise premature development. It was also intended to serve as a guide for the orderly and feasible provision of urban services and facilities based on an - 4 - / t:;#'-J.5 000004 APR 1796 SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH anticipated rate of market absorption. The entire Otay Valley parcel will contain a planned build-out of 18,800-21,600 dwelling units and a population of 54,000-62,000 people in addition to the East Urban Center. Because LAFCo will assess the demonstrated need for services and the City's ability to provide them at the time of need, annexation phasing has continued to be a significant issue to that agency. The alternative position for the Board is to concur with the Chu1a Vista recommendation that the entire Otay Valley parcel (as well as the "inverted L area") be considered for annexation at one time and concurrently processed with their current Specific Plan development proposal for Villages 1 and 5. A single annexation of the Otay parcel would facilitate comprehensive long-range land use and financial planning because it will allow the city to establish comprehensive Development Impact Fees or other funding mechanisms for the entire area. It would also facilitate advance planning; would enhance community and property owner communication and participation during development review; would be an early revenue source (property tax) for the City; and would eliminate redundant LAFCo fees and processing. Finally, if the Board agrees to wording in the landfill agreements stating that the County will not oppose annexation of the "peninsula", then the County loses its ability to influence LAFCo on later phases of annexation anyway. The Otay Ranch Subcommittee (Supervisors Jacob and Cox) met on March 12, 1996 to discuss these Sphere and Annexation issues. The Subcommittee reviewed the various options. PROPERTY TAX AGREEMENT (RECOMMENDATION #3J The Ad Hoc Otay Ranch Committee (Supervisors Cox and Horn) met on March 4, 1996 to discuss the property tax issues. The Committee reviewed staff's proposed tax agreement. The Otay Ranch General Development Plan specifies that the Master Property Tax Agreement that covers routine annexations of cities does not apply to any property within Otay Ranch. This means that until the County and City reach agreement on the future distribution of property tax revenues, LAFCo may not consider any annexations in the affected territory. The Master Property Tax Agreement covers routine, relatively minor projects. Normally the County and cities share property tax revenue in proportion to the historic City/County share of property tax within the pre-existing City boundary. Fiscal impact statements evaluating County costs and revenues are not normally performed on annexations. However, due to the size of this project, extensive work has been done analyzing the fiscal impact of Otay Ranch on both the City and County. - 5 - /6~J6 000005 APR 1796 SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH "Fiscal Imoact of New Develooment" (FIND) Model Staff from the City, County, and developer worked for several years with the assistance of a consultant to build a model to estimate the fiscal impact of the development of Otay Ranch over 30 years. The model, known as the Fiscal Impact of New Development ("FIND") model, uses the County and City budget as its base. It uses a "marginal cost" methodology. The model identifies the "variable" costs and revenues of City and County government and determines what types of land uses create the service demand or produce the revenue (e.g., social services costs are attributable only to residential development, while law enforcement costs are generated by residential, commercial, and industrial land uses). Costs and revenues are also separated into "regional" and "unincorporated area only." The model has been run several times for various land use plans. The consistent results have been that the County receives a large revenue surplus from the Otay Ranch development, while the City is in a deficit position for the beginning years of the project, evolving into a positive financial position as the commercial areas are built later in the project. Neaotiated Aareement Based on the model results, the City and County entered into property tax negotiations. It was clear that the City could not be expected to subsidize a huge revenue loss while the County generated a sizeable surplus. Although the General Development Plan stated that the developer would cover any operating deficits, the magnitude of the deficits make it infeasible for any developer to cover such sizeable amounts. It became clear that for the development to occur at all, it would be necessary for the County to relinquish some of its usual property tax share. The property tax share should be set once and kept constant. Because the City's deficit is temporary, it was not reasonable to set the property tax rate at the City's worst case, because then the County would permanently relinquish much more revenue than the City needed. In order to deal with the temporary nature of the City's fiscal needs, the property tax rate was negotiated at a level acceptable to both parties as a long-term rate. The parties agreed on a 50-50 split, that is, of the amount of property tax available, half would go to the County and half to the City. (The source of property tax available is from the County and detaching special districts. The districts' shares are not significant because the flood control and library shares are very small, and the Rural Fire District only serves a small portion of the annexing area, the "inverted L.") To deal with the City's short-term needs, the parties agreed that the County would make "transfer" payments to the City to cover the City's deficit and to additionally guarantee the City a minimum share of 3% of any surpluses within the annexed areas. These transfer payments would run for a maximum of 20 years, starting in fiscal year 97-98, and would be limited in total dollar - 6 - I&/J- 37 000006 APR 17% SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH value to $16.5 million, and would be further limited to 67 percent of the County's total surplus. Revenues and costs would be updated annually using the FIND model. County staff costs for participating in the model run would be fully covered by either the developer or the City. Justification for ProDertv Tax Exchanae This property tax agreement is more favorable to the City of Chula Vista than the normal Master Property Tax Transfer Agreement. However, there are unusual circumstances that the CAO believes justify this recommendation, as follows: o Based on the FIND Model, the County will receive a substantial excess of revenue even after all expenses are covered. o The Otay Ranch has been jointly planned by the City of Chula Vista and the County. o The property tax agreement is contingent upon the City entering into the Landfill Agreement. Part of the Otay Landfill is already within the City boundaries. The Landfill Agreement provides guarantees to protect operation of the Otay Landfill from interference by Chula Vista. Summarv of the ProDosed Aareement In summary, the property tax agreement has the following attributes: o All property tax revenues available to negotiate (both current revenue and future growth) would be divided 50-50. o The "FIND" model would be run each fiscal year for the preceding fiscal year, with the County making the transfer payments to Chula Vista (subject to applicable caps): o The amount needed for the City to break even; plus o An additional amount which will provide the City with a guaranteed 3% of the overall surplus. o These transfer payments could be made with general funds or, at the County's option, up to 25% could be made with gas tax revenues. o Caps on County payments would be as follows: o The County would not pay more than $16.6 million over the life of the agreement; and o The County would not pay more than 67% of its own surplus in any given year; and - 7 - /hfl-.38 000007APR 17%. SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH o Payments would run for a maximum of 20 years starting in fiscal year 1997-98; and o Payments are capped at $400,000 for years 1-3; at $1,000,000 for years 4-6; at $1,300,000 for years 7-8; at $1,500,000 for years 9- 11; and at $1.7 million for years 12-20. o County staff costs to annually participate in the fiscal analysis is estimated at a maximum of $30,000 in the first year, $15,000 in the second year and $10,000 thereafter. These costs would be paid by the developers or by Chula Vista, along with the costs of the consultants. o The boundaries of the territory covered by the tax agreement: o This agreement must describe the territory covered by this agreement. Chula Vista staff has indicated that they will only recommend this agreement if it covers all of the western parcel (including Village 3). o The agreement does not cover the resort or eastern parts of Otay Ranch which cannot be annexed unless and until a separate agreement is reached for those geographic areas. o The agreement does not cover Nelson-Sloan Quarry or the other properties in the vicinity that were not covered by the Otay Ranch General Development Plan. All of those properties would be annexed under the terms of the Master Property Tax Transfer Agreement with the exception of the Otay Landfill. o There is a provision in the Otay Landfill Agreement (see below) that excludes it from coverage under any existing property tax agreement. Thus, it can never be annexed to Chula Vista in the future unless and until the County would agree to a property tax exchange agreement (even though there is no property tax revenue generated, an agreement is still required under State law) . Landfi 11 Issues The County and the Solid Waste Authority have substantial concerns regarding the potential annexation of the Otay Landfill. Based on the County's experiences with the San Marcos Landfill, the County recognizes that once landfills are within cities, cities can take numerous types of actions that jeopardize the continued operation of landfills such as imposition of host fees or restricting road access to the landfill. The Otay Landfill is already partially located within Chula Vista, with the other portion in the area proposed for inclusion in the Chula Vista Sphere of Influence. The problems that have been encountered in San Marcos have not - 8 - /6/J-.J9 000008 'APR 1796 SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH occurred relative to the Otay Landfill. However, the County is concerned about protecting future County interests in the landfill, particularly if the remaining portion of the landfill were annexed to Chula Vista in the future. The CAO has entered into negotiations with Chula Vista on a special agreement regarding the landfill to provide assurances to the County that its operations will not be jeopardized. Specifically, Chula Vista will agree to detach the portion of the landfill that is presently in the city limits and not to annex it in the future. They also will agree to maintain access roads in good condition and to complete the Otay Valley Road Widening Project. In the event of breach of the agreement, which would occur if Chula Vista fails to continue any of the above agreements or imposes host fees or tolls directed at the landfill, then: (1) the property tax exchange ratios would be modified to the detriment of the City; (2) all transfer payments made by the County to the City would be repaid with interest; and (3) the City would pay all landfill closure and relocation costs. Negotiations are still underway at the time this letter was docketed. There were still a number of significant unresolved issues. The County's original draft of the agreement is found in Attachment 6. It is anticipated that a revised agreement on the landfill will be available by the time of the Board hearing. RelationshiD of SDhere Recommendation. ProDertv Tax Aareement and Landfill Aareement The Property Tax Agreement and the Landfill Agreement are both contingent upon LAFCo approval of inclusion of the "panhandle" but not including the landfill in Chula Vista's sphere of influence. Additionally, the Landfill Agreement (as likely to be amended through ongoing negotiations) will require the Board of Supervisors to support the inclusion of the "panhandle" in the sphere and to testify at LAFCo on that position. The Property Tax Agreement is also contingent upon the Landfill Agreement. Chula Vista Position The City Council has not yet acted on this proposal because LAFCo referred the related issues of the sphere of influence boundaries back to the County for further consideration. However, Chula Vista staff has indicated that the property tax agreement would only be acceptable to the City if the entire western parcel (except the landfill) is included in the area to be covered by the agreement. The reason for their position is that Village 3 is slated for industrial development in the City's plan. With the City's land use plan, Village 3 generates surplus revenues for the City and thus, would increase both the short-term and the long-term fiscal impact for the City. (The County fiscal impact is similarly improved by the inclusion of Village 3 in the annexation proposal.) City staff has indicated their need to obtain more revenue from the County in the event that Village 3 is not included in the - 9 - /6/J- 'I-() 000009 API\ 17% SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH deal. Attachments 7 and 8 to this report provide a comparison of the fiscal impact on the City and the County with and without Village 3 included. Respectfully submitted, GARY R. STEPHANY Chief Administrative Officer (Acting) By4~ LARI S~EEHAN Deputy Chief Administrative Officer cc: Dennis Verrilli, DPLU, MS 0650 Joan Vokac, DPLU, MS 0650 Jim Griego, Auditor Controller, MS A5 Tom Webster, DPW, MS 0383 Mohammed Fakhrriddine, DPW, MS 0383 Joe Convery, LAFCO, MS A216 John Goss, City of Chula Vista, 276 4th Avenue, Chula Vista, CA 91910 Jim Thomson, City of Chula Vista, 276 4th Avenue, Chula Vista, CA 91910 Marty Chase, City of Chula Vista, 276 4th Avenue, Chula Vista, CA 91910 Jerry Jamriska, Otay Ranch Project Office, 315 4th Avenue, Chula Vista, CA, 91910 Kim Kilkenny, c/o the Baldwin Company, 11975 El Camino Real #200, San Diego, CA 92130 Greg Smith, PO Box 2786, Rancho Santa Fe, CA 92067 Abel Parra, 845 East 8th Street, National City, CA 91950 I (P;J- Lf-! ) /- 000010APR 17% BOARD OF SUPERVISORS AGENDA ITEM INFORMATION SHEET SUBJECT: SPHERE OF INFLUENCE/ANNEXATION, PROPERTY TAX AGREEMENT AND LANDFILL AGREEMENT FOR OTAY RANCH SUPV. DIST.: 1 and 2 VU1I COUNTY COUNSEL APPROVAL: Form and Legality [X] Yes [ ] Standard Form [] Ordinance [ ] Resolution CHIEF FINANCIAL OFFICER/AUDITOR REVIEW: 4 VOTES: [ ] N/A [ ] Yes [] N/A [X] Yes ;/ Ii I [X] No e. J'UI.f7 [X] N/A CONTRACT REVIEW PANEL: [] Approved CONTRACT NUMBER(S): N/A PREVIOUS RELEVANT BOARD ACTION: Previous Relevant Minute Order: March 20, 1996 (3) continued to April 17, and authorized staff to commence GPA and Rezone on landfill property; September 20, 1995 (1),(2) adopted County preferred boundaries for Chula Vista sphere of influence; September 19, 1995 (15) appointed Supervisors Horn and Cox to the Ad Hoc Committee to study Otay Ranch property tax negotiations; December 14, 1994 (9) took position on annexation phasing; October 28, 1993 adopted Otay Ranch General Development Plan. BOARD POLICIES APPLICABLE: Board of Supervisors Policy 1-109 CITIZEN COMMITTEE STATEMENT: N/A CONCURRENCES: Department of Public Works ~~ ORIGINATING DEPARTMENT: Department of Planning and Land Use CONTACT PERSONS: JOAN VOKAC 694-3765 M.S. 0650 APRIL 17. 1996 MEETING DATE BOARD02\OTAYAGR.LTR;tf OOOOU~PR 17CH, /~I!. L/2 ~ t- Z w ::E :I: o ~ < - c: '" c:: o c iii III .c a.. CD o .!! ~ - c CD E c. o a; > CD Q CD CI) ctI .r: a.. c: .... CD - CI)- CD ~ - f!? u. - CD CJ .c~ U C. en a>-a> a:a>CI) -as >- C6 .c ca>c. - 0>- ca - o E oS ~CD 3:gJ .r:.r: 1::::0.. :::J o U. E CD - CI) CD CD ~~ -c.r: c:a.. o o CD en /&8 -. '1-3 o c: .... CD - CI) CD CDCI) ~jg -ca.. .... .- .r: I- 00001.'; r,r~ 77% ATTACHMENT 7 ANTICIPATED FISCAL IMPACTS OF OTAY RANCH PROPERTY TAX AGREEMENT INCLUDING ENTIRE WESTERN PARCEL Net Fiscal Impact County Before Transfers Transfer Payment CITY COUNTY Year COUNTY CITY to City Net Income Net Income 1 $194,130 ($49,302) $53,647 $4,345 $140,483 2 $474,593 ($166,064) $175,320 $9,256 $299,273 3 $728,039 ($347,215) $358,639 $11,425 $369,399 4 $1,008,729 ($525,560) $540,055 $14,495 $468,674 5 $1,308,541 ($658,121) $677,633 $19,513 $630,907 , 6 $1,628,517 ($763,075) $789,038 $25,963 $839,479 7 $1,882,991 ($932,259) $960,781 $28,522 $922,210 8 $2,160,688 ($1,081,714) $1,114,083 $32,369 $1,046,605 9 $2,353,638 ($1,216,970) $1,251,070 $34,100 $1,102,568 10 $2,645,219 ($1,305,430) $1,345,624 $40,194 $1,299,595 11 $2,849,260 ($1,338,411) $1,383,737 $45,325 $1,465,524 12 $2,973,395 ($1,435,658) $1,481,790 $46,132 $1,491,605 13 $3,1 08,004 ($1,433,111) $1,483,358 $50,247 $1,624,646 14 $3,173,470 ($1,480,265) $1,531,061 $50,796 $1,642,409 15 $3,277,247 ($1,476,419) $1,530,444 $54,025 $1,746,803 16 $3,520,526 ($538,046) $627,520 $89,474 $2,893,006 17 $3,622,902 ($515,936) $609,145 $93,209 $3,013,757 18 $3,693,583 ($331,354) $432,221 $100,867 $3,261,362 19 $3,731,040 ($146,939) $254,462 $107,523 $3,476,578 20 $3,791,784 $91,848 $372 $92,220 $3,791,412 21 $3,871,437 $423,406 $0 $423,406 $3,871,437 22 $3,939,093 $815,428 $0 $815,428 $3,939,093 23 $4,010,210 $1,103,794 $0 $1,103,794 $4,010,210 24 $4,105,508 $1,614,439 $0 $1,614,439 $4,105,508 25 $4,224,641 $2,128,490 $0 $2,128,490 $4,224,641 26 $4,279,214 $2,373,100 $0 $2,373,100 $4,279,214 27 $4,293,279 $2,319,946 $0 $2,319,946 $4,293,279 28 $4,307,346 $2,266,791 $0 $2,266,791 $4,307,346 29 $4,321,411 $2,213,637 $0 $2,213,637 $4,321,411 30 $4,335,476 $2,160,483 $0 $2,160,483 $4,335,476 $89,813,911 $1,769,513 $16,600,000 $18,369,513 $73,213,911 lir9- iff: 000034 APR 17% ATTACHMENT 8 ANTICIPATED FISCAL IMPACTS OF OTAY RANCH PROPERTY TAX AGREEMENT EXCLUDING "PENINSULA" Note: Chula Vista has not agreed to this agreement. This is provided for information only, to demonstrate different results for different boundaries. Net Fiscal Impacts County Before Transfers Transfer Payments CITY COUNTY Year COUNTY CITY to City Net Income Net Income 1 $194,130 ($49,302) $53,647 $4,345 $140,483 2 $<:74,593 ($166,064) $175,320 $9,256 $299,273 3 $728,039 ($347,215) $358,639 $11,425 $369,399 4 $1,008,729 ($525,560) $540,055 $14,495 $468,674 5 $1,308,541 ($658,121) $677 ,633 $19,513 $630,907 6 $1,628,517 ($763,075) $789,038 $25,963 $839,479 7 $1,882,991 ($932,259) $960,781 $28,522 $922,210 8 $2,160,688 ($1,081,714) $1,114,083 $32,369 $1,046,605 9 $2,346,458 ($1,224,112) $1,257,782 $33,670 $1,088,676 10 $2,635,354 ($1,351,439) $1,389,957 $38,517 $ 1 ,245,398 11 $2,832,215 ($1 ,391 ,562) $1,434,782 $43,220 $1,397,433 12 $2,953,665 ($1,527,676) $1,570,456 $42,780 $1,383,209 13 $3,081,094 ($1,532,271 ) $1,578,736 $46,465 $1,502,358 14 $3,143,875 ($1,618,292) $1,664,060 $45,767 $1,479,816 15 $3,240,473 ($1,621,589) $1,670,155 $48,567 $1,570,317 16 $3,481,067 ($722,083) $804,852 $82,770 $2,676,214 17 $3,576,263 ($707,115) $793,189 $86,074 $2,783,074 18 $3,644,259 ($561,400) $653,885 $92,486 $2,990,373 19 $3,667,356 ($391,269) $489,551 $98,283 $3,177,804 20 $3,722,732 ($230,218) $334,993 $104,775 $3,387,739 21 $3,788,024 $87,058 $29,195 $116,252 $3,758,830 22 $3,850,311 $401,344 $0 $401 ,344 $3,850,311 23 $3,907,067 $675,428 $0 $675,428 $3,907,067 24 $3,996,996 $1,108,337 $0 $1,108,337 $3,996,996 25 $4,101,769 $1,608,104 $0 $1,608,104 $4,101,769 26 $4,150,973 $1,774,979 $0 $1,774,979 $4,150,973 27 $4,165,038 $1,721,825 $0 $1,721,825 $4,165,038 28 $4,179,104 $1,668,671 $0 $1,668,671 $4,179,104 29 $4,193,170 $1,615,516 $0 $1,615,516 $4,193,170 30 $4,207,235 $1,562,362 $0 $ 1 ,562,362 $4,207,235 $88,250,725 ($5,178,711) $18,340,790 $13,162,079 $69,909,935 )Ip'}. lf5 000035 APR 17% ~I~ :---~--: ----- ~- -- - - CI1Y OF CHULA VISTA MRMORANDUM Item 9 A Meeting Date: Apri110. 199/i April 26, 1996 TO The Honorable Mayor and City Council John D. Goss, City ManagerrJ ~ Jim Thomson, Deputy City Manager U VIA FROM SUBJECT Supplemental Information Regarding Property Tax Agreement with San Diego County for the Otay Ranch At its April 16, 1996 meeting, the City Council considered the proposed Property Tax Transfer Agreement with the County of San Diego for the Otay Ranch, and continued the item to the April 30 Council meeting. Individual Council members requested further information be provided to them either individually prior to April 30 or as a supplemental report. Staff has been attempting to schedule meetings with the Councilmembers that had specific questions in order to provide them with additional background information on the FIND Model and the Property Tax Agreement, and this report is intended to provide additional supplemental information to the Council. Specifically, this report provides additional information regarding: (A) comparative information on master property tax agreements in other southern California counties as well as other property tax agreements that have been negotiated with San Diego County for other annexations; (B) additional information on the FIND Model and its methodology; (C) additional information on the commercial property in the parts of the Otay Ranch covered by the proposed Property Tax Agreement; and (D) additional background information on the proposed Developer Reserve Fund and the provisions of the General Development Plan related to the Reserve Fund. Each of these issues is discussed below. (A) PROPERTY TAX AGREEMENTS IN OTHER COUNTIES AND FOR OTHER ANNEXA nONS WITHIN SAN DIEGO COUNTY During fiscal year 1995-96, the County received approximately 21.3% of the property tax revenue generated from the Otay Ranch properties. Approximately 18.5% went to the County General Fund, 1.6% to the County Library System, and 1.2% to support the County's Flood Control function. . . j Item Meeting Date: April10, 1996 Page 2 Under the Master Property Tax Sharing Agreement the City of Chula Vista would receive 41 % of the property taxes currently received by the County, or 8.73 % of the property tax generated by the Otay Ranch Properties. Under the proposed Otay Ranch property tax agreement, the City of Chula Vista would receive one half of the 21.3%, or 10.65% of the property tax generated by the Otay Ranch Properties. These percentages do not include the proposed additional transfer payments of up to $16.6 million to be made from the County to the City outside of the property tax allocation process. The following sections describe the property tax splits negotiated for other Chula Vista annexations, for annexations by other cities within San Diego County, and for annexations in other Southern California counties. Exhibit H summarizes in chart form the annexations described below within San Diego County. The chart and the text below highlight the fact that the proposed Otay Ranch property tax agreement provides a favorable split to the City of the "pooled property tax" revenue that is available to the City, County and special districts. The chart and text also highlight the relatively small portion of the total property tax revenue for Otay Ranch that is available to the City, County and special districts. That is a result of both: (1) the relatively limited pre-existing special districts (such as fire, library, flood, and lighting districts) in the Otay Ranch that would increase the size of the pooled property tax revenue base, and (2) the state's recent property tax shifts from cities and counties to school districts. OTHER rH1J1 A VISTA ANNEXATIONS Although the annexation of Bonita was never consummated, the tax sharing agreement negotiated with the County at the time (1988) called for the City to receive 44 % of the pooled property tax revenues from the annexed property, which equated to 20.9% of the total property tax revenue generated in that area. This percentage of the total property tax revenue is comparatively high due to the existence of a fire district, two lighting districts, a flood control district, and a library tax, all of which were included in the base tax to be shared . The tax sharing agreement for the Montgomery annexation which took place in 1985, resulted in the City receiving 41 % of the pooled property tax revenue previously going to the County, which equated to 18.9% of the total property tax revenue generated in that area. This percentage of the total property tax revenue is comparatively high due to the existence of a fire district, six County Service Areas, and two Flood Control Zones, all of which were included in the base tax to be shared. OTHER ANNEXATIONS TN SAN DTEr.O r01JNTY The two most recent annexations in San Diego County other than the Montgomery annexation were the Ecke Ranch annexed by Encinitas last year, and Otay Mesa annexed by the City of San Diego in 1983. The County's property taxes relative to the Ecke Ranch > -, :') , ^_.A'" Item Meeting Date: April10, lQQfi Page 3 were shared 43% to the City of Encinitas and 57% to the County, It should be noted that because there was a fire protection district in existence at the time of the annexation, the County's 57% share of the pooled property tax (available to the County, City, and special districts) still amounted to almost 20% of the property taxes generated by those properties, In the case of Otay Mesa, the taxes were shared on a different basis depending on whether the property was developed or undeveloped at the time of annexation. For developed property, the 1983 agreement called for the City of San Diego to receive 17.5% of the base pooled property tax revenue previously going to the County and 30% of the future growth in pooled property tax revenue on these properties. For undeveloped property, the City received none of the base revenue and 30% of the future growth or tax increment from the property annexed. This sharing agreement is significantly different than any other that we reviewed and without more data regarding base revenues is impossible to compare to the proposed agreement. However, it is clear that the City of San Diego had no more than 30% of the pooled property tax that would otherwise be received by the County so the split was at least 70/30 in favor of the County. ANNEXATIONS IN NFmHRORING rOTTNTIE<; San Bernardino The County of San Bernardino has a Property Tax Distribution Agreement for City Annexations which covers all annexations other than those which include a County facility, library, fire station, or major industrial complex. The agreement provides the annexing City with all of the County non-General Fund tax revenues and a percentage of the County General Fund tax revenues equal to one half of the percentage that the City currently receives from property already in the City boundaries, reduced by the County non-General Fund revenues already allocated. In the case of the Otay Ranch, such an agreement would provide the City of Chula Vista with only 7.5 % of property tax revenues generated by the Otay Ranch properties. Riverside The Property Tax Sharing Agreement for annexations in the County of Riverside is a simple formula which provides all County non-General Fund property tax revenues to the annexing City, plus 25 % of the County General Fund property tax revenues. In the case of the Otay Ranch, such an agreement would provide the City of Chula Vista with only 7.4 % of the property tax revenues generated by the Otay Ranch properties. Los Angeles The County of Los Angeles has a complex formula as the basis for their Property Tax Sharing Agreement that generally utilizes the existing tax allocation for a typical "tax rate area" already within the annexing City as the basis for determining the sharing in the area to be annexed. This formula is utilized for most annexations, but often times there are further negotiations according to County Staff, with wide variations as to the results. The r'-' ~ ~ ......,'" Item Meeting Date: April 10 lQQI'; Page 4 variations are typically due to developed property. Under the formula utilized by Los Angeles the City of Chula Vista would receive 47.7% of the County's share, or 10.16% of the property tax revenue generated by the Otay Ranch properties. Orange Information received from Orange County was somewhat sketchy due to the organizational turmoil that they are still going through following the bankruptcy. However, the most recent two annexations which took place in fiscal year 1993-94 and 1994-95 resulted in the County General Fund property tax revenue being allocated 16% to the annexing City and 84% to the County in the first, and 18% to the annexing City and 82% to the County in the second. Assuming the City of Chula Vista would receive the 18% allocation, our share would be only 3.8% of the property tax revenue generated by the Otay Ranch properties. (B) BACKGROUND REGARDING THE FIND MODEL Attached as Exhibit J is a description of the Fiscal Impact of New Development (FIND) Model that was included in the Service Revenue Plan adopted by the Chula Vista City Council and the Board of Supervisors on October 28, 1993 in conjunction with the Otay Ranch General Development Plan. This attachment provides a good summary of the conceptual framework and methodology used in the FIND Model. That report, however, was for the entire Otay Ranch and therefore included several geographic areas that are not part of the current discussions related to the City's Sphere of Influence and proposed annexations; these additional areas included the Resort and the Otay Mesa industrial planning areas. That October 1993 report was based on the City's and County's budgets for FY 1991-92. Therefore, the two hundred pages of results and analysis that are part of that October 28, 1993 report are not attached since they are not relevant to the current proposals. There were several runs of the FIND Model made subsequent to the October 28, 1993 report, that used more current fiscal information for both the City and the County (i.e., the FY 1993-94 budgets for both agencies), and that focused on the geographic areas of the Otay Ranch currently being discussed for annexation. Those results are summarized in Exhibits B, C, D, E, and F to the April 16, 1996 Council agenda statement regarding the Otay Ranch Property Tax Agreement. There are also several hundred pages of reports resulting from these more recent FIND Model analyses, and staff can make them available to individual Councilmembers if you would like to review them. They are, however, quite extensive and take a considerable amount of time to understand, and that is why staff provided the summary exhibits in the April 16, 1996 Council agenda statement rather than attaching the volumes of analyses. All of these FIND Model analyses use the same basic approach and methodology described in Exhibit J. The major differences in the analyses are the geographic area analyzed, the development planned for those areas, and the budget data incorporated as inputs to the model. f /c.I \.,..0-"" ' Item Meeting Date: April1D lQ9I'i Page 5 As discussed on page II of the April 16, 1996 Council Agenda Statement on the Otay Ranch Property Tax Agreement, the FIND Model methodology apportions service costs on an average basis. This approach results in costs being spread evenly throughout the development period, rather than at their actual occurrence. The Model thus tends to overstate some of the City's costs, particularly in the early years. Conversely, staff believes that the Model's methodology for accounting for sales tax revenue tends to understate the City's revenue, particularly in the early years. Specifically, as discussed in the following section relating to commercial development, the FIND Model's sales tax revenue projections are based on the development of commercia1 acreage and do not reflect any sales tax revenue that may result from residential development independent of commercial development. For these, among other reasons, staff believes that the FIND Model projections are very conservative for the City and that our fiscal impact is likely to be more positive than projected by the FIND Model. This provides a safety net for the City in conjunction with the County transfer payments provided in the proposed property tax agreement. As discussed in the next section, commercial development, particularly the regional shopping mall in the Eastern Urban Center, has a major fiscal impact. (C) COMMERCIAL DEVELOPMENT The General Development Plan contains 335.9 acres of commercial development in the geographic areas of the Otay Ranch that are currently under discussion. This commercial acreage is planned to include: 74.7 acres of village related (neighborhood) commercial 106.2 acres of freeway commercial 25.0 acres of regional (shopping mall) commercial, as part of the Eastern Urban Center (EUC) The remaining 130 acres of commercial development is principally planned for office and visitor commercial uses in the EUC. From a revenue perspective, the most significant impact is associated with the regional shopping mall in the EUC. At buildout, the regional center is projected to add approximately $2 million in net revenue to the City per year. If the center was not built, therefore, the loss of this revenue would significantly reduce the City's projected annual surplus in the FIND Model. It should be noted, however, that the FIND Model projects all sales tax revenue from commercial development rather than from residential development. This means that until commercial development occurs, no sales tax revenue is projected by the FIND Model analysis. In actuality, sales tax dollars will be generated within the City from the project's onset, even if no commercial development occurs within the Otay Ranch project area. Thus, the revenue to the City is somewhat understated by the FIND Model, particularly in the early years of the project. Until the regional shopping mall develops, there would, however, likely be significant sales tax leakage to centers north of the city or south to the Otay Mesa. .' - "'7\ ~> ~f_' Item Meeting Date: April10, 199/i Page 6 (D) DEVELOPER RESERVE FUND Attached as Exhibit I are pages 264-265 of the General Development Plan approved by the Chula Vista City Council and the Board of Supervisors on October 28, 1993. As indicated on Page 264 of Exhibit I, the General Development Plan adopted a policy that. All City local services provided to the incorporated portions of Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be covered by project revenues and project exactions. Shortfalls shall be covered through a specially designated fund established by the developer and through an agreement between the City of Chula Vista and the County of San Diego. Capital costs for regional facilities shall also be covered by project revenues..." As indicated on Page 265 of Exhibit 1, the General Development Plan also includes an Implementation Measure that states . A reserve fund program shall be established concurrent with the approval of the first SPA, to correct any annual operating deficiencies incurred by the applicable jurisdiction. The reserve fund program shall finance the cost of an annual review and updated fiscal impact analysis, and be the basis for any transfer of monies from the reserve fund..." As described in detail in the April 16, 1996 Council agenda statement regarding the proposed Property Tax Agreement with San Diego County for Otay Ranch, the Property Tax Agreement calls for the City and County to jointly undertake an annual fiscal impact analysis of the project area for twenty years commencing with FY 1997/98 and for the County to utilize a portion of its annual fiscal surplus to offset any residual operating deficits incurred by the City through FY 2016-17, subject to specified constraints. From staffs perspective, the Developer Reserve Fund could therefore have three potential purposes: I. To provide funds for the annual fiscal impact studies to be conducted by the City and County for the above 20-year period to determine whether and how much of a transfer payment the County will provide to the City for the previous fiscal year. 2. To cover any potential City deficits that may not be covered by the County through transfer payments during the first twenty years if the limitations in the Property Tax Agreement prevent the City from being fully covered by the County's transfer payments. 3. To cover any potential City deficits that might occur after the County's twenty year transfer payment obligation period ends. Staff believes that the first item above, providing funding to conduct the annual fiscal analysis to determine whether County transfer payments are required, should clearly be a requirement of the Developer Reserve Fund. In our preliminary discussions with Baldwin representatives, they have concurred that they have a responsibility to fund this portion of the reserve fund. Staff is currently discussing other aspects of the proposed p I 3, Item Meeting Date: April10, 199/i Page 7 reserve fund program with representatives of Baldwin, such as the degree to which items 2 and 3 above should be addressed by the reserve fund. Staff is therefore not yet prepared to make a finn recommendation to the Council on the extent of the reserve fund program. Attachments: Exhibit H: Exhibit I: Exhibit J. Comparison of Property Tas Sharing Agreements Excerpts of 1993 General Development Plan Related to Reserve Fund Excerpts of 1993 Service Revenue Plan Describing FIND Model M:\HOME\ADMIN\JT\SUPPREPT.OR 37 EXIllBIT H COMPARISON OF PROPERTY TAX SHARING AGREEMENTS OTAYRANCH MONTGOMERY BONITA ECKE OTAY MESA (proposed) ANNEXATION AGREEMENT ANNEXATION ANNEXATION County/City Split of Pooled Property Tax 50/50' 59/41 56/44 57/43 >70/<30 SHARES OF TOTAL PROPERTY TAX REVENUE Original County Share 21.30% 46.10% 47.55% 35.06% ---------------------------- --------------- ----------------- -------------- ---------------- -------------- Negotiated County Share 10.65 % 27.20% 26.70% 19.98% Negotiated City Share 10.65%' 18.90% 20.85 % 15.08% 'Plus transfer payments of up to $16.6 million from the County to the City ofCbula Vista. 31 I I ! I I I I I I I I I I I , , I I I OTAY RANCH GENERAL DEVELOPMENT PLAN OTAY SUBREGIONAL PLAN, VOL. 2 October 28. 1993 Applicant: Otay Vista Associates 11975 El Camino Real San Dlego.CA 92130 Prepared By: The Otay Ranch Joint Planning Project 315 Fourth Avenue Chula Vista. CA 91910 Approved By: ~{f? ~~-~ ~~~~ """"""'~~ 01Y OF CHUIA YISfA The City of Chula Vista 276 Fourth Ave n ue Chula Vista, CA 91910 The County of San Diego 1600 Pacific Highway San Diego. CA 92101 11 -4',4 ", ,. -- tv I I I I I I I I I I I I I I I I I I DOCUMENT CERTIFICATION I hereby certify tbat the contents of this document incorporate and represent the final version of General Development Plan text and maps for the Otay Ranch Project (pCM-90-03) as duly passed, approved and adopted by the City Council of the City of Chula Vista on October 28, 1993. W~&~ Robert A. Leiter, Director of Planning t.jD , Oto.y Ranch GDP/SRP C Part II I I I I I I I I I I I I I I I I I I ongoing benefit assessment mechanism. Any additional fees or taxes levied against property In order to pay for enhanced services wtll not be Included toward the 2.00 pereent limit mentioned below. Revenue Sharing The City of Chula Vista and the County of San Diego shall enter Into a Master Property Tax Agreement covering all annexations wtthln an agreed-upon geographic area In Otay Ranch. That Agreement shall consider the distribution of property tax revenues, as well as the allocation of total project revenues between the City and the County in accordance with the (ollowtng policies. All County local services provided to the unincorporated portions of Otay Ranch, Including direct and indirect costs. and Including capital and operating costs. shall be covered by project revenues and project exactions.. Shortfalls shall be covered through a specially designated fund established by the developer and through an agreement between the City of Chula Vista and the County of San Diego. All City local services provided to the incorporated portions of Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be covered by project revenues and project exactions. Shortfalls shall be covered through a specially designated fund established by the developer and through an agreement between the City of Chula Vista and the County of San Diego. Capital costs for regional facilities shall also be covered by project revenues, except for any regional capital costs being paid for through an equitable finanCing plan as described below. All County regional services. Including direct and indirect costs, shall be covered by project revenues. Shortfalls shall be covered through a specially designated fund established by the developer and through an agreement between the City of Chula Vista and the County of San DIego. When the County determines that a need for regional capital facilities Is anticipated to serve residents of Otay Ranch, an equitable financing plan will be established by the County. The financing plan shall be based on the best estimate of the future need and the costs created by various October 28, 1993 , Objective: Policy: Policy: Policy: Policy: t./I Page 264 I I I I I . I I I I I I I I I I I I I Otay Ranch GDp/ SRP C Part II developments including Otay Ranch and the costs that are created from changes In demographic patterns within existing development. At that time. the property owners and residents of atay Ranch shall be expected to pay the fair share of the costs of those regional facUlties according to the nexus. Implicit In this Is that other property owners within the benefit area also pay their fair share apportionment of costs. Implementation Measure: An annual.fiscal revlew will be conducted to evaluate, revise and amend the asswnptions related to (a) land use types. tntensity, density. and tirrUng: (b) economic conditions; (c) market conditions; (d) demographic factors affecting cost and revenue estimates: (e) allocation of local, regional. state, andfederalfunds; and (fJ any other factors mutuaUy deemed relevant. These actlustments wiU be incorporated intD the Fiscal Impact for New Development (FIND) model to determine the need for applicable adjustments in revenue allocations to assure that the policles above are fulfilled. The developer's .flexibility to control buildout shaU not be constrained by the FYND model nor by the City's or County's revenue needs as long as the above policies are fulfilled. Implementation Measure: A reserve fund program shaU be established concurrent with the approval of the first SPA, to correct any annual operating de.fkiencies incurred by the applicable jurisdiction. The reserve ji.uId program shall.firu:mce the cost of an annual review and updated fiscal impact analysis, and be the basis for any transfer of moneys from the reserve fund. The foUowing issues shall be addressed at the time of the determination of the content of the reserve fund: the nwnber of reserve ji.uId program agreements; funding sources for the reserve.fund; duration and termination of the reserve ji.uId agreement(s); responsibility for operating de.fkiencles: and present value analysis methodology. Objective: As a general guideline. efforts should be made to keep the effective tax rate (ETR), including all property taxes and special assessments. not to exceed 2.00 percent of the assessed value of the property. The total ETR consists of the basic 1.00 percent ad valorem property tax levy mandated by Proposition 13, plus the following: . Ad valorem property tax overrides for retirement of voter-approved bonded Indebtedness; . ExIsting non-ad valorem tax overrideS--lncluding special taxes, assessment Installment payments, and parcel charges--for public facilities or Polley: October 28. 1993 Page 265 LI :; I ' . (~ Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, California 95825 (916) 929-5575 January 21, 1993 ) FINAL REpORT FISCAL IMPACT ANALYSIS OF THE CITY/COUN1Y RECOMMENDED PLAN FOR THE OTAY RANCH PROJECT ) SacromenJo Dallas , . Newport Beach 13 ---- I I I I I I I I I I I I I I , I i I , DOCUMENT CERTIFICATION I hereby certify that this document incorporates and represents the final version of the Service/Revenue Plan, which constitutes a Support Document to and a part of the approved General Development Plan for the Otay Ranch Project (pCM-90-03) as duly passed, approved and adopted by the City Council of the City of Chula Vista on October 28, 1993. /~;:f U~ Robert A. Leiter, Director of Planning L/V TABLE OF CONTENTS CHAPTER I-INTRODUCTION Background Purposes and Applications of FIND Report Organization and Con/em PAGE 1 1 3 4 CHAPTER II~TAY RANCH: AN OVERVIEW The Otay Ranch Study Area Developmem and Phasing Assumptions Service Providers 7 7 9 11 CHAPTER III-BmLDING THE FIND MODEL Overview of FIND Methodologies FIND Methodologies fllustrated Other Considerations and Assumptions 13 13 17 17 ) CHAPTER IV-DETAILED ASSUMPTIONS: CIIT Expenses Revenue Special Assumptions Summary 27 27 36 43 46 CHAPTER V-DETAILED ASSUMPTIONS: COUNTY GENERAL FUND. ROAD FUND. LIBRARY AND FLOOD CONTROL DISTRICTS AND RURAL FIRE PROTECTION DISTRICT 47 Expenses 47 Revenue 59 Special Assumptions 66 Summary 69 ) CHAPTER VI-FISCAL IMPACT ANALYSIS OF mE OTAY RANCH: FINDINGS AND CONCLUSIONS Determining Net Fiscal Impact Using the FIND Model The Net Fiscal Impact of the Otay Ranch Project: A Summary 71 71 74 ,/5 In/rothJe/ion CHAPTER I INTRODUCTION ) The end product of the Fiscal Impact Analysis is a computerized model that will enable the City of Chula Vista and the County of San Diego to conduct fiscal impact analyses of the Otay Ranch Project on a continuing basis. This report documents the study assumptions and methodologies used for developing the Oiay Ranch FIND (Fiscal Impact of New Development) Model This report also identifies the resulting net fiscal impact of the Qtay Ranch project, as currently proposed, on the City of Chula Vista, County General Fund and County Road Fund, hDrary and flood control districts and the Rural Fire Protection District. As an introduction, this chapter presents general background information regarding the study and the FIND Model. The organization and content of the report is also summarized to facilitate use and review. BACKGROUND The City of Chula Vista and the County of San Diego are participating in a joint planning program with the Baldwin Company to prepare a development plan for the Otay Ranch. Consisting of 23;297 acres of undeveloped land in the unincorporated area of the County, it is the largest project to be undertaken in San Diego County and one of the largest in the State of California. ) To assist the Service/Revenue Technical Committee in analyzing the on-going fiscal impacts of selected and alternative development plans for the area, Ralph Andersen & Associates was retained to develop the Otay Ranch FIND Model. The FIND Model will achieve the following objectives: Page 1 ~i~ Introdliction . Forecast City costs and revenues associaJed with developmenl of the Dray Rmtch project within the incorporaJed area of the City of Chula VLSta . Forecast County General Fund and Road Fund costs and reve1Wes associaJed with developmenl of the project, including both regional costs and reve1Wes throughout the project area, and local costs and revenues in the area to remain wUncorporaJed . Forecast selected special district costs and revenues assoc:iaJed with the developmenl of the Dray Rand! project inchuiing flood contro~ library and rural fire. In order to develop the FIND Model, a variety of assumptions about the project and the services that will be provided by each agency have been .made. Specific methodologies to allocate costs and revenues to land use have also been developed. These assumptions and methodologies are documented herein. The FIND Model reflects operations and maintenance revenues and expenditures. A subtotal is provided both with, and without Otay Ranch's share of two County budget items: rents and leases, and capital costs for regional facilities. This total is shown both ways because it represents a different treatment of City and County expenditures. For the City of ChuIa Vista, all capital costs were excluded from the FIND analysis because those costs will be covered by developer exactions through the land development process. The County was treated the same except in two areas for which no provision has been made: . The first item, rents and leases, is a cost item for the Counly but not for the City because the Counly does not own sufJicienl buHding spaa to house all needed Counly functions and therefore expends funds annually on mils and leases. All City costs for space occupancy arr!" covered through ongoing mainJenance costs, with the capital components for the existing residents already paid, and with developer conJributions for new space needs. . The second item, regional capital costs, represents an annJJDl general fund expenditure to provide additiorwl regional capital costs to serve the expanding population. Unlike the City that finances all of its new buildings by developer Page 2 J-/7 . I I I I I I I I I I I I I I I I I J t I I I f t , . Introduction fees, the County lacks the authority to impose County-wide developer fees for the expansion of regional facilities, therefore, general funds are used for this purpose. The FIND Model has been applied to the City /CCJunty Recommended Plan for the Otay Ranch project in order to determine the net fiscal impact of the project on the City, CCJunty General Fund and CCJunty Road Fund, library and flood control districts, and Rural Fire Protection District. This analysis is presented in the final chapter of this report. .; . PURPOSES AND APPLICATIONS OF FIND r ) Fiscal impact assessment is an analytic technique used by local governments to identify the costs and revenues associated with different land uses. Fiscal impact analysis is used to determine whether a given land use, new development, the general plan or proposed annexation will pay for itself, generate a surplus of revenues, or result in higher costs of service than revenue produced. Fiscal impact assessments are widely used by local governments. The concept has gained increased popularity as local governments experience shrinking revenue bases or have had their ability to raise revenues limited. CCJnsidering the myriad of development options and alternatives for the Otay Ranch Project, the FIND Model is a critical tool for both the City of Chula Vista and the CCJunty of San Diego for assessing the fiscal impacts that development will have on each agency. To illustrate, the FIND Model can quickly assess the following types of questions: . What is the fiscal impact of the Otay &nch Project on the City and the County if a Village is located in the unincorporated area of the County as opposed to the City? . What is the net fiscal impact of the project on both entities assuming lower density development? j Ji' ,. , Page 3 Introdllction . How does the fiscal impact change if a higher density mix is allowed to dl!Velop? . What is the net fiscal impact of the project assuming minimal commercial and industrial developmen/? . How does this impact change if iru:reased levels of commercial and industrial dl!Velopmen/ occru? . Will the proposed development represent a sound jinandD1 decision for both the City and the County? To be useful on a continuing basis, the FIND Model is designed to be updated annually and anm;n;<tered by City and County staff. Although designed to specifically analyze the Otay Ranch Project, the Model is fle.xible enough to allow the City and County individually to assess the fiscal impacts of other development proposals on its own agency. REPORT ORGANIZATION AND CONI'ENT The assumptions and methodologies for the Fiscal Impact Analysis have been developed and discussed with the ServicejRevenue Technical Committee. This report resummarizes all study assumptions and methodologies. To facilitate review, this document is organized as follows: . ChaD/er I-Introduction-Provides an overview of the background for the study and the purposes and applications of the FIND Model. An outline of the report format and content is also included. . ChaD/er I[-Olav Ranch: An Overview-Presents the development and phasing scbedules of the City/County Recommended Plan for the Otay Ranch study area. These assumptions are used as the foundation for assessing the proposed project on the City, and Rural Fire Protection District, County General Fund and County Road Fund, library and flood control districts. Page 4 ; I ,'> t"""-j. '/ l , I I I I I I I I I I I I I I I I I I . ~ , ~ , t I . , t ~ ) ) Introduction . CharlIer 1/I-Buildine Ihe FIND Model-Su=arizes the general concepts, methodologies and assumptions used in building the FIND Model for this project. A series of tables and graphs illustrating how these assumptions and methodologies are used in computing specific cost and revenue allocation factors by land use type is also included in this chapter. . CluJDter lV-Detailed AsrumlJtWns: Citv--Presents all expense and revenue assumptions used to compute specific City cost and revenue allocation factors by land use type, which are used by the FIND Model to forecast costs and revenues. Specific areas addressed include fixed versus variable items, distribution methods and the resulting cost and revenue allocation factors. . ChaDter V-DetaUed AsrumlJtWnS: County GenemI Fund and Road Fund: Ubra~ ~nd Flood Control Districts and Rural Fire Protection District and ImlJacted SlJeciaJ Districtr-Presents all expense and revenue assumptions used to compute these County and impacted special district cost and revenue allocation factors, which are used by the FIND Model to forecast costs and revenues. Specific areas addressed include fixed versus variable items, distribution methods, area served and the resulting cost and revenue allocation factors by land use type. . Chaoter VI-Net Fiscal ImlJact Analvsis: Finmnl!s and Conclu- ~lImmarizes the results of the net fiscal impact of the project on the City, County General Fund and County Road Fund, h"brary and flood control districts, and Rural Fire Protection District and Flood Control District. Study assumptions and sources for all assumptions are also summarized. . ADoendice.r-Contains original source documents on existing County development from SANDAG and the development and phasing assumptions provided by the Baldwin Company. Page 5 50 InrrodlJction . Attachments-The detailed reports generated from the FIND Model that document all study assumptions and resulting cost and revenue allocation factors are presented in a series of attachments. For easy reference, these materials have been indexed and are contained under the tab labeled "FIND Model Detail" for the City and County, respectively. The assumptions and results for the County General Fund and County Road Fund, library and flood control districts, and the Rural Fire Protection District are all contained within the County analysis. The resulting expenditure and revenue forecasts, as well as the net fiscal impact analysis comparison, are also contained as attachments. The FIND Model has been developed based on the assumptions and methodologies documented in this report. Based on these assumptions, the Model has computed specific cost and revenue allocation factors by agency and land use type. These factors are included as attachments. It is these factors which are' applied against the proposed development scenario for the project area in order to determine the net fiscal impact of the project on the City, County General Fund and County Road Fund, library and flood control districts and the Rural Fire Protection District. Page 6 ::;1 I I I I I I I I I I I I I I I I I I r , 1. t , t I j t . Olay RDnch: An Ovuvi<w CHAPTER n OTAY RANCH: AN OVERVIEW j This chapter provides a description of the study area and the Cty /County Reco=ended Plan of the area that is the subject of this analysis. An overview of the service providers to the area as development occurs is also provided. ) THE OTAY RANCH STUDY AREA The County of San Diego and the Cty of CbuIa Vista are participating in a joint planning program with the Baldwin Company to prepare a plan for the development of the Otay Ranch. The project consists of 23).97 acres of undeveloped land in the unincorporated area of the County lying easterly of the Cty. It is the largest single development project in the County and one of the largest in the State. ) Exhibit n.1 presents the location of the Otay Ranch study area. As indicated, it is anticipated that development will occur within both the Cty of CbuIa Vista and the County of San Diego. As currently proposed, the project will include a variety of single family (detached) and multi-family (attached - townhouses, condos and apartments) residential units developed in a series of separate villages. Single family development in the project area is anticipated to range in value from $180,000 to $600,000 per unit, witb multi-family development anticipated to range from $110,000 to $160,000. In addition to residential development, the project will include a variety of commercial uses including freeway, neighborhood and regional commercial, office/business park and resort development. Page 7 5-'1 ./ . Dray RDnch: An (Navin<' .~ "'~r-:-~'.. '1~ ~- ~~~~ ~~ibi~t ~J" ,~~,:,=--:~- . ", . -. -',' ...,. - , fit" ./ .. -.'",' " ...."...:~:::~.... \1 .- -,d-" ~~. I . ~ ,'. " , '0= ..-I " ~ '"'. ... " ... COUNTY OF SAN DIEGO I -- -. -~.,:: ," . - \ 04'~~ '.. ,r ._:;::J 1 ....~.': ~. . "\~ . - \ , '..... , .. .r' ''\ .,-1 .~. CITY OF CHULA VISTA -, " -.......- - - . , '-1. ./' -~ '" -.' -'..- . ,"".-. _.' - - : .T ..,~ :'" ,':.:"..... ',- --- . -- E)-- o- S E:J [2)- GJ- 11II-- o e e e e e 'I " -- [D =:=..-:=..- EI =----- E!- EJ- E!- I " ". ~i- -:r;- ;a"; , . .. ..... -, "L !. . ~ - ~'. '-~ ,... ~- - '- ~ - - - - - 1.1 "'_-_~~ -'-~' ~ f.... ~i'._ ,-~ -- CITY OF SAN DIEGO ._-~ OTAY RAN<I aTY /COUNIY RECOMMENDED PI.1P- JURISDICTIONAL ASSUMPTIOI'i f'"'7l ~ Jurisdictional Boundary I An.,)'" ."'umes Ihat V,II.ges I Ihrough 11, Jocaoed on .h, O..y V.II,y Po",,,. will b< .nnmd 10 Ih, C"yor J Vuta Page 8 I r: /') , , .j ,-,' Otay Ranch: An Owrview DEVELOPMENT AND PHASING ASSUMPTIONS The phasing and absorption scbedules for the project bave been provided by the Baldwin Company, which are contained in Appendix A The detailed phasing schedules of anticipated development to occur in both the City and the County, as formatted for the FIND Model, is presented in the attachments at the end of this report labeled "Phasing/Other Assumptions" for both the City and the County, respectively. A summary of this information is presented in Exh11>it II-2. Exhibit II-2 presents the cumulative number of single family, multi-family and co=ercial lodging units anticipated to be developed during the years 1993 (first year of the project), 1997, 2001, 2006, 2011, 2016 and 2022 (the last year of development). Co=ercial and industrial acres, as well as cnmnh.tive population, are also shown. Population figures are based on the assumption of 3.2 people per single family residential unit and 2. 7S people per multi-familY unit. These assumptions have been provided by protect team staff to the Service/Revenue Committee and are based on area trends. ) Recognizing that development will occur in both the City and the County, phasing information has been broken into three categories: urban (City), rural (County) and combined. As indicated, the majority of development is anticipated to occur within the City including the majority of single family residential development and all multi- family residential, co=ercial and related development. Of the total anticipated population of 89,169 in the study area at build-out, 2,147 will reside in the unincorporated area of the County. Jurisdictional boundaries assumptions are necessary to calculate fiscal impacts. The jurisdictional assumptions used in this analysis are for modeling purposes only; they do not suggest a preferred jurisdictional arrangement. The model can easily be adjusted to respond to any jurisdictional arrangement. ) Sd Page 9 Olay Ranch: An OveTYiffl EXHIBIT 1~2-oT"'Y RANCH CITY/COUNTY RECOMMENDED PLAN PHASING ANO POPULATION SUMMARY (cumulatIYo data) I- I- 2003 2008 2013 201. 2023 URBAN Singlo Family 400 3.789 71187 8.487 10'- 10,866 10,866 Rosldontial Unill Multi-Family 400 2,806 4,807 5.141 7$11 8.015 10.011 Roaldontial Unill Commorclal ""'0. 0 17.4 " 141.1 271.7 374.5 378.4 Indu.1rlal ""'0. 0 0 0 0 0 0 0 HoIolfRoOOr1 Unill 0 0 0 0 0 0 0 Population ~ Singlo Family 0 120 m 2,32e 3,368 3,753 4.131 RooIdonUoJ Until Mu~amlly 0 0 140 141 1,241 2.OD6 2.OD6 Roaldontial Until Commorclal /goo 0 0 30.4 32.8 113.7 IIe.2 81.2 lnduo1rlol /goo 0 0 0 0 0 0 0 Ho1olfRolOr1 Until 0 0 400 400 100 100 aoo Population 0 384 3,515 8,217 14,204 17,521 11,731 .... ..' ...... ....>> ii.... Singlo Family 400 3,808 1,01I5 ""'3 14.334 14.718 15,087 Rosldential Units Multi-Family 400 2,806 8.047 8,483 1,122 11,D21 12.022 RooJdonUal Until Commorclal /goo 0 17.4 111.4 118.5 342.4 440.7 444.8 lnduo1rlol /go. 0 0 0 0 0 0 0 Ho1olfRolOr1 Until 0 0 400 400 100 100 100 Population 2,380 20.500 311.888 55.857 70.1211 77.408 ".371 Page 10 - L- . /i.. , .J .-! ~ I' I I I I I I I I I I I I I I I I I .- ~- -- OlDy Ranch: An Overvi~ SERVICE PROVIDERS As the study area develops, the primary service providers to residents and businesses will include the: . City of Chula Vts/a · County of San Diego . County Library and Flood Control Districts . RJual Fire Protection District. The City of Cbula Vista will assume responsibility for providing an urban level of service to all development within the incorporated area of the City. These services will include, among others: , ' ) . Building and Housing . City Clerk . Community DevelopmenJ . Fire . Library . Park and Recreation · Planning . Police . Public Works. Within the unincorporated area of the county, the County General Fund and County Road Fund, library and flood control districts, and Rural Fire Protection District will be responsible for providing rural levels of service. These services, among others, will include: . Animal Control . Fire (Rural Fire Protection District) . Flood Control (Flood Control District) . Housing and Community DevelopmenJ . Law Enforcement . Library . Planning and Land Use . Public Works (including road maintenance). ) Page 11 50 Olay Ranch: An OveTView In addition, there are a number of services that the County will be responsible for providing to development within the entire study area. These county-wide services include, among others: · AgricuIturefWeights and Measures · Air Pollution Comol · Alternative Defense Counsel · Area Agency on Aging · Assessor · Conflict Public Defender · County Clerk · Detention · District Attorney · Fann Home Advisor · Grand Jury · Health Services · LAFCO · Marshall · Medical Examiner · Mumcipal Court · Regional Parks and Recreation · Probation · Public AdministraJor · Public Defender · Recorder · Registrar of VOlet:\' · . .social Services · Superior Court · Transborder Alfair.s · Treasurer-Tax Collector. The fiscaJ impact analysis of the Otay Ranch project will consider the impacts of development on each of these service areas of the Qty, County, Rural Fire Protection District, Flood Control District, and County Library District consistent with the development and phasing assumptions identified previously. Page 12 57 I I I I I I I I I I I I I I I I I I r t Bui/mng the FiND Model I CHAPTER ill BUILDING THE FIND MODEL This chapter provides an overview of the methodologies and assumptions used to develop the Otay Ranch FIND Model. Graphic illustrations of how these assumptions and methodologies are used to compute actual cost and revenue allocation factors by land use type are also provided. ) OVERVIEW OF FIND ME1HODOLOGIES To achieve the objectives of this assignment, the FIND Model has been developed and tailored specifically to assess the impact of the Otay Ranch Project on the City of ChuIa Vista, San Diego County General Fund and Road Fund, horary and flood control districts, and Rural Fire Protection District. The development of the Otay Ranch FIND Model has required a comprehensive data collection and analysis effort to identify and compute specific City, County General Fund and Road Fund; horary and flood control districts; and Rural Fire Protection District cost and revenue allocation factors by land use. Exhibit ID-l summarizes the overall process for determining these specific allocation factors. ) As indicated in Exhibit ID-l, all City, County General Fund and Road Fund; library . and flood control districts; and Rural Fire Protection District operating expenditures and revenues have first been categorized as either fixed or variable. Variable costs/revenues are those items that are directly impacted by growth and change; flxedcosts/revenues are nol. For example, salaries and benefits for police officers or sheriff deputies will grow as a direct result of development and growth in that Page 13 c::-::,' 0':' Bui/(fjng the FIND Molkl EXHIBIT 1II-1-FIND SYSTEM FLOWCHART A""... I ~.'l11'lO ~t I .._~ /' II' I=-I 1)1"'''10'''-- '0 .......- C.lc:wl~. Coo. AI loc:at 10ft ....... CIIlcvlot.o -- Alloc.tl.,. ....... more police officers or sheriff deputies will be needed to provide the same level of service to a larger population. These costs, therefore, are variable. In contrast, sa1aIy and benefit costs for the City Manager or County Chief.Anmini.trative Officer will not change as a direct result of growth in that the City and County only needs one City Manager or County Chief .Anmini.trative Officer regardless of the population served by the agency. These costs, therefore, are fixed. Using the City and County budgets, the consultants developed a preliminary list of fixed and variable cost/revenues. This information was reviewed with appropriate City and County department representatives. Based upon input received at these review meetings, the consultants finali7.ed the fixed and variable cost/revenue allocations. The next steps in developing the FIND Model include: · Allocating City variable costs/reverwes for each department and division to an applicable land use through an appropriaJe land use distribution method Page 14 5~ J -I I I 1 I I I I I I I I I I I I I I I I .-> j. Building the FIND Model . Allocating County General FwuJ and Road Fund, library and flood control districts and lWral Fire Protection District costs/revenues for eoch department to an applicable land use through an appropriaJe land use diJtribution method . For the CounJy relaJed analysis, detenninUJg whether the costs/revenues are impocted only by development in the unincorporated area of the County or by regional development throughout the CounJy . DetenninUJg City unit cost/revenue allocation factors for each land use . Detennining CounJy General Fund, Road Fund, library and flood control districts, and Rural Fire Protection District unit cost/revenue a1Iocotion factors for each applicable land use pertaining to the spedfic jurisdiction. The cost/revenue distribution methods and specific cost/revenue allocation factors that have been used to develop the Otay Ranch FIND Model are summarized below and on the following pages. ) COST !REvENUE DISTRIBtmON METIlODS There are four ways in which specific departments of the subject agencies are affected by new development. Some have a clearly defined relationship to particular types of land uses or have workload measures that indicate different service/cost requirements for particular types of development. Other department costs have a more general relationship and are affected proportionately by all types of development. Still other departments are essentially artm;n;~trative or internal service functions and have only an indirect relationship to development. With this in mind, the following cost/revenue distribution methods have been used in developing the Otay Ranch FIND Model. . Generol Land Use Distribution Method-COsts/revenues are distributed to each land use in the proportion (as a percentage) that the area of each existing land use is to the total area. ) . Demand For Service Distribution Method-Costs are distributed to each land use based upon the proportion of total workload/service demand that is attributable to each land use, based upon an analysis of available records. Page 15 &0 Building rht FIND Mod" Examples would include Police Department and Fire Department costs, which are distributed to land useS based upon actual experience with caBs for service. . Direct RelationshiD Distribution Method-COsts/revenues are distributed to each land use based upon a known, direct relationship to one or more land uses, based upon available records or known relationships. An example would be recreation costs distnDuted directly to residential land uses. . Indirect RelationshiD Distribution Method--Ccsts/revenues are added to the cost/revenue distributions of the other three methods as a percentage. This method is used for costs/revenues that correlate to overall increases in other cost/revenues rather than directly to a specific type of develop- ment An example of this method is an overhead department such as personnel. Personnel management and ..nm;n;~tration costs are typically more closely related to the number of employees within the organization rather than to development UNIT MEASURES FOR COSTIREvENUE ATJOCATlON FACTORS After total costs/revenues are distributed among the various land uses, per-unit allocation factors are computed. The specific cost/revenue allocation factors calculated by the Otay Ranch FIND Model include: . Costs/revenues per single family dwelling unit . Costs/revenues per multi-family dwelling unit . Costs/revenues per commercial acre . Costs/revenues per industrial acre. Individual allocation factors associated with each of the four identified land use types have been developed for the City, County General Fund, Road Fund, library and flood control districts, and Rural Fire Protection District Page 16 01 . I I I I I I I I I I I I I I I I I , I I I I I I I ~ t ~ ; , ~ . ) .,. < . , 1 ) Building th. FIND Model FIND METHODOLOGIES ILLUSTRATED To illustrate how the methodologies and assumptions described above are used to compute specific cost and revenue allocation factors, a series of graphics have been prepared documenting each step of the process described above. These graphic illustrations correspond, as appropriate, to the detailed reports generated by the FIND Model, which are presented as attachments at the back of this report under the tab labeled "FIND Model Detail". Actual City and County related programs are used as examples to clarify the formulas used to make each calculation. OTHER CONSIDERATIONS AND ASSUMPTIONS The general concepts and methodologies described above have been used in developing the Otay Ranch FIND ModeL Other considerations and assumptions used in building the Model are summarized below. . LDnd Uses- The land uses included within the proposed development plan of the Otay Ranch area have been built into the Model. These include single family residential (detached), multi-family residential (attached. townhouses, condos and apartments), commercial and industrial. . Ffnancial Dola Base- The primary source of financial information is each agency's adopted budget for fiscal year 1991-92. This information is used to determine the costs of providing services at their current level and the resulting revenues generated. The FIND Model includes an analysis of all operating funds. . SDecial Revenue AssumDtions-Becausc of the importance of property, property transfer, sales and transient occupancy taxes, the Model allows for the forecast of these revenues based on very specific assumptions. All other revenues are forecast based on current trends by land use type. Page 17 / ~) {J'/-- Building the FIND Modtl U) I- a: o D. w a: ..J ~ W o w :::I Z w i:i a: .... w U) Z W D. ~ II. o ~ w > a: ~ ~ 5 .. ~ o t3 .. u"" ",E 8."" .,~ a:_ < >8 ~~ 8''5 . Q. E i t"h . .. ~ - - .. . .." 8~7I 71 .. .. ... ~ S eC ~ ~" 5 li_ .. u e. c.E. t'EI 8 ~ ~ t':! 8 't) ~ ~ ~ ~ ,,=~ ~." ~ ~ ~ ... .. " . c o U~2! "'-0 8.<1:) ": "CD G) as :"O::e ~ ii .......a: ~ .. . !g.i >-"ii i ... ..... ....- !i~ ~ " E 1 ~ ,; I~. ~ E I ~ ~ ~!1. 1tC:.;I .. ...~ >oJ:) =' ~ "'''1E .~- . . 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J.!! 1 ti'O-P i. g..s i ,~! ! s.-- ! 1; it! ; I !~l ~ .I5JJ ~ g.s _ Iii Iii ! 11 ) ~Ii i I I 1~1 f tIff] i ! i i~i It! Iii . i5. 15 11 ~ Iii ;iI ! i I ill j I e li~. . j!! ~J1 j ! i l~j ~ ~! i i j~! i. ~ ~ ~ } ~~~} ;;.n~.:I..:11 .II ~ ;!: a .!!. ~ 0'1 ! J i ~ 1 t '0 ~ I !. ! . t i 1 I!! I I i i I "ii f f I t ) l ~ ~ t t i ::I ,. ~ i i i E :II i J 1 '0 1 j I ) ~ i j -i I I I 1; IE S Page 23 Building th. FIND Modd Page 24 0' I- a: o ~ w e.- ll) a: o I- (,) < IL l- II) o (,) ..J < Z (; a: < ~ IL o Z o ~ ~ (,) ..J < ? II) E . .:!::~ %:2: . .z:::r .....cc cc: n"'CC 1: ~!~~ ~< ~!<< ~~ ~~~~ ~~ ~~~I ~~ ~~::?N :o...~::!;;;;! ~... :2: ri ..E ~j ! IH~ !i !n~~ ~~ t::J I:i~ c e ~~~~ !Hi i ~!n ~! i Q ?- m :E ~ 1:2: ;). ~I ~.z sf ~ . "ii. o . '!- i Ei '8 .c 1ii ~ c o 'S .D ;: - co C 'iI i= =: '7\ . c i i ".:!!~ i'" ~H.! .!l ~hlj; !!11j; E . 1 I In l. to i ~ ~ o ...,:! H~~ N_!;!~ ~ s: . . . .",~ ""'... --. ~~~~ ~~~~ ......It)C) ;;. - ... . .2::::: b t; c c . . :;) :;) ........................... N....M,.. _01-0. ~~~~ a::i~:: ..~:! JJ:5~ i8~i ":N'r.m ~~~~ :S:SIi!~ - i~ · ii ilii l.ii j!.!.! J.!.! '\2...... '\2...... Ji~U) ..~U) ~ oC J II II )1 ~ c: ~ ~ o 8 (. - J :J! ::> It II ~ !i 8 .s ot- ~ j! H $ '& f pI.! i tiJ!! i Blt.8 b ~&~ J c: !1~:C: ~ ~It.~ I f! ~ ~ S !o5 f . S-,E r i IiI t - 8.1- I ~ ! i ~ [ ..t-!...:. ! =~c:! .. ! i!5~J 1 i ;f!s J t li!1 ! i sfr~ ! ! 1~"8J ~ I t~i! I I ihl i liiilt I ~~ii!i it f~8.!i~I!51 ili li~li III h~-l .~ii{;lf~ j ~c.:l.~J!:I:. .! ~ .. ~ .!. eu B ~ I I I I I I I I I I I I I I I I I , Building /he FIND Model . Special Districts- The core Model is designed to look at the net fisca! impact of development on both the City and the County Genera! Fund and Road Fund. Other agencies that have been built into the Otay Ranch FIND Model include the County library and flood control districts and Rura! Fire Protection District. . Service Mix and Levels- The current mix of services provided by the City, County Genera! Fund, Road Fund, library and flood control districts and Rural Fire Protection District is assumed to continue at their current levels. If new services or significantly increase service levels are provided, appropriate modifications to the Model would need to be made. . Revenue Sources-As with costs, the FIND Model deals with the current mix of revenue sources at their current rates. No attempt bas been made to predict new sources of revenue or changes in the rates of the various revenue sources. ) . InflatWn-The Model is designed to allow the user to define different inflation rate assumptions. Default assumptions bave assumed an inflation rate of zero so that all ana!yses reflect a constant dollar ana!ysis. . Enterorise Funds- The FIND Model does not include an analysis of enterprise funds as those are or should be operated on a pay as you go basis. In that there is no resulting net fiscal impact, these costs (and revenues) are not included in the Model. . State Bud(1e1 Impacts of 1992-93-This analysis is based on currently available assumptions regarding service and funding levels as reflected in each agency's 1991-92 budget. The FIND Model and supporting ana!ysis does not reflect recent State cuts to local government agencies, the specific impacts, of which, are unknown at this time. The analysis is based on the current known service and revenue allocation structure, which may change over time. Specific methodologies and assumptions developed for associating City, County Genera! Fund, Road Fund, library and flood control districts, and Rura! Fire Protection District costs and revenues to specific land use types is presented in ) Chapters IV and V, respectively. Page 25 7,) ... Page 26 "1/ _..__r_ , ..,..- . .- ~~. - .":'-'-4;,5i.."--"!..'-"~-::~.-:-_ l I I I I I I I I I I I I I I I I I I ) ) Detailed AtsumptiOTU: City CIIAPI'ER IV DETAILED ASSUMPTIONS: CITY This chapter presents the specific assumptions used for liDking City costs and revenues to different land use types. The assumptions identified include fixed versus variable cost/revenues, distn"bution methods and, as appropriate, percentage distributions to land use type. To facilitate review, this chapter is organized as follows: · Expenses . Revenues . SpeciDJ Assumptions. The resulting cost and revenue allocation factors resulting from these assumptions are also discussed. EXPENSES To calculate a specific cost factor by program and land use type, all City operating program costs have been allocated to appropriate land use categories. To make these allocations, specific assumptions have been developed regarding: . Fixed ver:ses variable expenses . Basis of distributing costs to land uses Page 27 ~I ."') /~ I> Dtttu/,d Assumption.r: City · As appropriate, specific percentage distributions to land use types based on an arwlysis of workload rela/ed indica/ors. Tbese assumptions have been identified and documented for all general fund and road fund programs. All of these assumptions are presented below and on the following pages. FIXED VERSUS V ARlABLE EXPENSES The specific distributions between fixed and variable expenses that have been developed, by City program, are presented at the end of this report under the tab labeled "FIND Model Detail" under "Distribution Methods", In developing these distributions, the consultants reviewed in detail the City's 1991-92 budget and all available supporting documentation. Based on this review, initial distnoutions were made between fixed and variable expenses. This information was reviewed and discussed with appropriate City department representatives during the analysis process and prior to finalizing the distributions. Examples of items that have generally been allocated as fixed include: · Salarie.s and benefits of management positions . Supplie.s and service.s relaJed to the dired support of management positions . One-time costs for special studie.s and service.s unrelaJed to growth and developmenJ . Capital costs unrelared to growth and development. Identified fixed costs have been subtracted from each program's total operating budget in order to determine the resulting variable costs for the program. To assist the City in updating the Model for future years, the budget worksheets that were used to detennine fixed costs by program have been provided for reference and are on file with the Project Team. Page 28 73 ~ I I I I I I I I I I I I I I I I I , , Detailed Assumprioru: City t i DISTRIBUTION BASIS Once fixed and variable costs have been determined by program, the variable program costs must be distributed to appropriate land uses. The four distribution methods that have been used, as described in Chapter ill, include: I . . General . Demand for Service . Direct . Indirect. # Determination of an appropriate distribution method has been made based on discussions and meetings with City department representatives. Through these meetings, the consultants reviewed and coDfirmed the nature of services provided and the impact that land use has on providing these services. ) Exhibits outlining the programs that have been distributed by each distribution method follow. Supporting distribution methodologies and assumptions are likewise discussed. f'..eneraJ-Exhibit IV -1 summarizes the City programs, by department, that have been recommended to be distributed based on the General distribution method. This distribution method assumes that services are provided to all land uses, and that the cost of providing service is not impacted by the type of land use served. For example, the workload generated from an aae of commercial development is not significantly different from the workload generated from an acre of industrial development. EXHIBIT 1V.1-em' PROGRAMS DISTRIBUTED ON GENERAL BASIS Department 8utUMNO a ~ Community eav.lopmenl AdmInIaIration C.",onl PlannIng Advonca Planning Admlnll1ratlon ~apoctlon eo..MUNrTY DEYI1..DP.,DIT PLNo_ ) Page 29 .'j' / j."f Detoiled A.!sumpti01l.!: City EXHIBIT rv-1-CnY PROGRAMS DISTRIBUTED ON GENERAL BASIS Deportment . Progrom Puauc WORKa EnglnHring Admlnlotration Operationa Admln~.tion OoIign EnglnHring Und DoYoloprnont ConaIructIon hopocllon Geographic hIormation Sya1aml SlrHl T... MIIntananco WaIIowalOr UII Station MIInlOnanco Demand-Exhibit IV-2 summarizes the Cty programs that have been distributed based on the Demand for Service distn1>ution method. These programs are characterized by the fact that they are impacted by all land use types, but the nature of the impact on workload is not the same. For example, one acre of single family residential development generates more workload than one acre of commercial development. Because programs that have been distn1>uted on this basis are impacted differently by different types of land use, percentages need to be developed by land use to reflect this difference. A brief overview of the basis for making these determinations in each noted department follows. . lIa- Through discussions with Fire Department staff, available calls for service data has been used for distributing these services to land use category. Based on an analysis of this data, it has been estimated that 41 percent of calls are generated from multi-family. uses, 40 percent commercial, 17 percent single-family residential and 2 percent industrial uses. . Polict'- To assess the differing impacts that the various land uses have on the Department's services, calls for service data was reviewed by land use type. Based on an analysis and review of this data with City staff, it was estimated that 41 percent of the Department's workload is generated by multi-family (attached - townhouses, condos, apartments) uses, 40 percent commercial, 17 percent single family (detached) and 2 percent industrial uses. Page 30 V-j ~~- , ~.,-, , 1 1 l l 1 J .1 J ] 1 I .. _J De/aUod Assumptions: City . Public Works-- The distribution of various traffic and street maintenance related services bas been made based on trip generation factors available by land use type. Based on a review of available factors and discussions with Department staff, 36 percent of these costs have been allocated to co=ercial uses, 31 percent single family residential, 22 percent multi- family residential and 11 percent industrial uses. All of these specific percent distributions are presented in Exhibit IV-2. t' t FIN Admlnll1Tation CFS .17 .41 .40 .Q2 Training CFS .17 .41 .40 .Q2 _mien CFS .17 .41 .40 .Q2 ) Suppreaalon CFS .17 .41 .40 .Q2 Pouco Admlnlolration CFS .17 .41 .40 .Q2 AuxIliary Se....... CFS .17 .41 .40 .Q2 Support Servlceo CFS .17 .41 .40 .Q2 Uniform Patrol CFS .17 .41 .40 .Q2 ftaatlgallona CFS .17 .41 .40 .Q2 Puauc _ Tratnc engineering Tripe .31 .22 .3IJ .11 Tratne Signal & St. Ugh! Malnl Tripe .31 .22 .3IJ .11 Tratnc Oparallona Malnl Tripe .31 .22 .3IJ .11 Straat Malnl Tripe .31 .22 .3IJ .11 Stroat Sweoplng TripI .31 .22 .3IJ ,II EXHIBIT 1V.2-CITY PROGRAMS DISTRIBlITION ON DEMAND FOR SERVICE BASIS ,,-- - ------..... , ",' i<: .~.;o.;;,~~ o.~orI ... " . .. .Jnd... ) Direct-Exhibit JV.3 presents those City programs, by department, that are recommended for distribution using the Direct distribution method. By definition, these programs are impacted by only selected land uses, Furthermore, all of these programs have been determined to be impacted only by residential uses as indicated Page 31 ,. I / ~ / j Derailed Arsumption.s: City by the distribution basis noted as "people". Consistent with discussions witb department staff, these programs and services are directly impacted by population as opposed to other types of growth and development. Because the nature of the impact of these programs is people, it is not necessary to identify specific percentage distributions by land use type. . EXHIBIT 1V-3-C1TY PROGRAMS DISTIUBUTlON ON DIRECT IlASIS x".,',....... ."i _..',.../,',......".,."'.,?..~=~~~hJ,J0f\., "",,~;,...,.. .................................................'........U.... . ,.,.,,' '.' "'. ';VFieo.;;,.M"A..t:. )coirllit<; · :it:1ncI. '; EuCt1OHO Section. I People .504S AQ58 Poua Animal ConIrol People I .504S1 M58 I PARK . RECREAT10II Admlnll'b'ation People .504S M58 Parte Malmenanoe People .504S AM Recreation/Alhlttica People .504S M58 Recreation-North PeopIt .504S M58 Recreation-South People .504S M58 Recreation-Aquatica PeopIt .504S AM Recreation-Stnlor Cltlnn People .504S .4~ Recreation-Sptclal Programa People .504S AM St. I&R Con.r People .504S AM I.JaIwn' DEPAImIENT Admlnlttration People .504S AM Adult Service. Peoplt .504S M58 Children'. Service. People .504S M58 Audio \'Iaual Servlooa People .504S AQ58 Acquloltlon. People .504S .4~ a,culatlon People .504S .4~ Bldg. MalnL . UIIlltitl Peoplt ~5 .4~ AuIomtlad SeMca. Peoplt .5045 .4~ CoS1I. Park Branch Peoplt .5045 .4~ Woodlawn Park Bunch p.opl. .5045 .4958 Page 32 ,. / # I I . I 1 1 l 1 I .\ . , .1 ~ \ I \ I ,I J . Delm/ed Asswnption.r: Oty Indirect-Exhibit IV-4 presents those City programs and services that have been recommended to be distributed based on the Indirect distribution method. Based on discussions with appropriate City staff, it has been determined that these programs are not directly impacted by outside growth and development, but are rather impacted by growth in other City departments and programs. In that these program costs will grow in relationship to growth in other City programs, the FIND Model does not compute a specific cost allocation factor for these programs. Tbese costs, instead, are allocated to each non-indirect program and grow in the same relationship as the individual City program grows. Tbese costs, therefore, are treated as overhead items. As such, a separate cost forecast is not computed by the Model. EXHIBIT IV-4-CrTY PROGRAMS DISTRIBlITED ON INDIRECT BASIS. EiMRDNII....AI. _Ell"" PIRIoNNEI. CIty CouncIl CIty N.ItJmtry CIty aertc /odmInIoIration Public hformation p"jIcy AnaIyIIa & Program Evaluation Wonnation SyoWmo Dillillon __ng I!nvItonrnental Management ,,",-"-,.I Operatione QuaIit)' 01 Work U'- Labor JManagement Granl 1IDIunIee, SeMceI ) em eou..... em A,""""", em CuRK _110M _Ell"" & INFO Svca. --.- "-'" W_ Operatione PurahUIng CommunIoatione CDnetnIOIIon/Alpalr CueIodIel MaIntenance fllWlCl ) Prol!Tsms Not ImDscted By Growth And DeveloDment-Wben analyzing the City's programs, if it is determined that the program will not be impacted by growth and development, all program costs have been categorized as fixed. Examples include programs that are totally funded from fees, charges or other revenues directly tied to the program. (Note that these corresponding revenues would also be treated Page 33 / /, i / Detailed Assumptions: ary as fixed to avoid overstating available revenues.) Since there are no variable costs to allocate to the various types of land uses, distribution methods have not been identified for these programs. Exhibit N-5 identifies these City programs, by department. EXHIBIT IV~ITY PROGRAMS NOT IMPACTED BY GROWTH AND DEVELOPMENT Bcwu:. AND Cou..~ Planning Commlaalon Board of Appeal. CMI Servic>> CommIaaIon Board 01 Elhlca Human Rtlallona CommIaaIon .-.wrnatlonal FrlenclahJp Commlulon Ubrary Board of T_. Partca & _lion CommIaaIon ~ ConMIYation Commlaaion Safety CommIaaIon Youth CommIuIon CommIaaIon on Aging Montgomecy PlannIng CommIaaIon EoonomIo Dawlopmant CommIaaIon Cultural ArIa CommIaaIon 0IIId Care CommIaaIon DoaIgn _ Comm_ CommunIty Promollona Comm'- QIy Conwrl Sarlea Chula Illata Jay c... Ubrary OIamber Conwrla U.N. Day _ PlannIng s.- SanItary s.- MaIntenance J SIrHt MaIm.nanco Open Space Dlatrlcta o.ula IIIaIa Women" Oub CI.SA Uleracy (CIty) Nurance Non-OopartmentaJ Expo_ OIay Ranch Project PuIlUC Woou<o P_ . RICIWo'OON LJ_ M~ I "'''E0U8 Reference should be made to the report attached at the end of this documented, under the tab labeled "FIND Model Detail" headed "Distribution Methods" under City assumptions. Generated by FIND, this report identifies all City programs by department and documents the recommended fixed and variable costs. The proposed method of distribution including General, Demand for Service, Direct and Indirect, is also identified. For the specific percent distributions recommended, refer Page 34 Y!~i ~ I I I I I I I I I I I I I I I I I I Detailed Assumptions: City " ; to tbe report beaded "Percentage Allocations", which is also located behind the tab labeled "FIND Model Detail", This latter report only applies to those programs that bave been allocated on a Demand for Service basis, AI.WCATlON FACTORS Based on the assumptions regarding fixed and variable costs, distribution methods and percentage allocations, the FIND Model computes specific cost allocation factors by department and program. These cost allocation factors are computed by dividing all costs allocated to a given land use (ie., single family residential, multi-family residential, commercial and industrial), by existing residential units, commercial acres and industrial acres served, respectively. r ) Exhibit IV-6 presents the existing development information that has been used for computing these factors. All data was provided by aty staff. The resulting cost allocation factors generated by the FIND Model are attached at the back of this document under the beading "Cost!Revenue Allocation Factors", which is located behind the tab "FIND Model Detail". EXHIBIT IV-&-EXISTlNG DEVELOPMENT ASSUMPTIONS CITY OF CHULA VISTA L..IInd Use Slngle-famDy Residential Units/Acres 23,722 units 3,954 acres Mulll-famDy Residential 27,108 units 2,428 acres 932 acres 626 acres Commercial Industrial Source: City SlBft, Spring 1992. ) Page 35 t { ! ! De/ailed Arsumprioru: City REVENUE To calculate specific revenue factors by revenue source and land use type, all but a few of the City's general fund revenues have been allocated to appropriate land use categories. The exceptions include property, property transfer, sales and transient occupancy taxes. These revenue sources have been forecast based on very specific assumptions, which are presented at the end of this chapter. To compute the revenue allocation factors for all other revenues, specific assumptions have been developed regarding: · Fixed verses variable revenues · Basis of distributing revenues to land uses · As appropriate, specific percenlage distributiOlU to land use types based on an analysis of the re1o/iolUhip of land uses and the specific revenue source. These assumptions have been identified and documented for all general fund and road fund revenues. All of these assumptions are presented below and on the following pages. FIXED VERSUS V AJUABLE REvENUES The specific distn'butions between fixed and variable revenues that have been developed, by revenue category, are presented at the end of this report under "Distribution Methods", which follows the tab labeled "FIND Model Detail", Unlike the analysis of expenses, virtually all revenues are variable. Exceptions include revenues designated for a specific purpose that would not be impacted.by growth and development, as well as certain grants. All assumptions in this area bave been reviewed and confirmed by appropriate City staff. DISTRIBtmON BASIS Once fixed and variable revenues have been detennined, the variable revenues must be distributed to appropriate land uses. For allocating revenues to land use Page 36 ,'-' / . I I I I I I I I I I I I I I I I I I DtliUltd ~nJmptioru: Ciry categories, three distribution methods have been used. As described in Chapter ill, these include: . General . Direct . Indirect. Determination of an appropriate distribution method has been made based on discussions and meetings with City finance staff. Through these meetings, the consultants reviewed and confirmed the nature of each revenue source and the type of impact that land uses would have on forecasting these revenues. Exhibits outlining the revenues that have been distributed by each distribution method follow. Supporting distribution methodologies and assumptions are likewise discussed. ) General-Exhibit IV.7 summarizes City revenues, by revenue category, that have been reco=ended to be distn'buted based on the General distn'bution method. This distribution method assumes that revenues are generated from all land uses evenly. For example, revenues generated from an acre of co=ercial development would not vary significantly from revenues generated from an acre of industrial development. c.w.o.. _ CuIIRENT - PlumbIng Pwmlll EIecIrtcaI Permlll ZDnIno ..... Bubel_ FMH'IannIng SubdMaIon Tralftc Sign ..... SubdMoIon _Eng_rIng Spedal _ Dopt. SeMce' ~tchlng SeMce' SlrHl Ugh~ng .... Plan ~ng ......B&H EngI....rIng ......Inapec:. & Othor Allng ......en.. As..... Form. Allng _En.. Impoct Roport Ptan Checking F....P1annlng CoIrH)perated Machine Revenue lJef-- AND ,.,..".. ) J>age 37 ~C;__,.,...... Detailed Assumption.r: CiJy EXHIBIT rv-7-cm REVENUES DISTRIBUTED ON GENERAl. BASIS !leY...... Category R....nu. SoUII>I OntfJ' R[VDfuU SaIl 01 Stroet T,oe. Pollee Training Relmb. Program Roimbu....-Dov. Impact Foe. _ril. on Oamagod Properly Stmg Motn Ino1rumonlation Prg VYIInI.. Foe Sorvlol Chargo-Rotumod QIICIc P.Y. RoYInUlfBank Rooon N)J Cull Overag. Direct-Exhibit IV-S presents those revenues, by revenue category, that are recommended for distribution using the Direct distribution method. By definition, these revenues have been determined to be impacted directly by selected land uses. Under this distribution method, it is necessary to determine whether or not these revenues are impacted only by population or if other considerations need to be taken into account. To reflect the former instance, the term "people" is identified as the basis of distribution. In the latter instance, the term "percent" is presented. In those few instances where "percent" has been indicated, specific percentages have been developed for purposes of allocating these revenues to the appropriate land use categories. A brief discussion related to the basis for these percentage distributions follows. . Franchise Ta%e~Franchise taxes are generated from public utilities based on their gross sales. To distnoute these revenues to land use type, data available from the Southern California region on utility usage by land use type has been used. Specific data includes average kilowatts and therms expended by residential unit and commercial and industrial square foot. The specific factors include: - 4,800 KW per residential WliI, 9 KW per commercial square foot, 14 KW per office square foot, and 5 KW per industrial square foot - 480 Therm per residential unit, .25 per commercial square fOf?t, .23 per office square foot, and .15 per industrial square foot. Page 38 , i :1 1 ] J J ] J ] J J J J J Detailed AJsump/ioru: City ) These factors have been applied to existing development in the City, as presented in Exhibit IV -SA, to determine an appropriate distribution of usage by land use type. The resulting percentages, which are presented in Exhibit IV-8B, have been applied to City franchise tax revenues. . Utililv Users Tax-The utility users tax is paid by consumers based on a percentage of their utility bills for such items as gas, electricity, and phone services. Although the tax payer is different as compared to the franchise tax, the basis for payment is am;)"". Therefore, this revenue source has been distn"buted to land use categories on the same basis as franchise taxes with the addition of phone usage factored in the equation. Based on data available for the Southern California region, it has been assumed that average phone costs per residential unit amount to $540, with commercial and industrial uses assumed at $1.20 per square foot. Refer to Exhibit IV- SA for the resulting computations. . ) IXHI8IT IV~PVTATION Of' JIIfI(Jlct.1 TAX Ale VIUTY__ TAX PDCIMTAU ~ -,-1') -_I') -_1') ... - .. ...- .. .... .. .... .... .... .... . . . "(.) .... .... '- .... - - .... - .... - T.... SD_~__ ..... - - .. .......... - .... ...- - &..1t'S.N'--.a...L . .,_770 .... ~ - ... .... ...... .... l.m.ot""'" III- L , 1,""''' ... JS ..."" ,.. .... 2,l1IJ21 ... /.,_0,-<<_- P)..sc-c~J''''''~ . Business License Tax-Business license tax revenues are levied against businesses for the privilege of doing business in the City. By definition, this revenue is only impacted by commercial and industrial land uses. For purposes of distn"bution, it has been assumed that one acre of industrial development will generate the same amount of revenue as one acre of commercial development. Based on this assumption, the percentage that each land use type represents of all n~n-residential acres has been used as a basis of distributing these revenues to the two land use categories. ) Page 39 i "or i Detailed AJsumption.r: City 1 · Housinf! Permits- Tbese revenues are directly impacted by residential uses. 1 The percentage distributions between single fami1y and multi-family residential uses is based on the number of existing units that each land use 1 type represents of total residential units. As indicated in Exhibit IV-BB, most of the revenues distnouted on this basis have ) been determined to be driven by population. 1 ] ] J J J ! ~IT 1V"~DONDIREcrlASlS I!i!;!i!~;[~!; :'If''':'i'::':::,:i':''''''''::''''''' '., ': .,'" :...".,.....,.,.,..,.,p_I\1&"" DI.trlbutlon . .,,: .,.........,..,.".,.,...-,...,.. ....,..,.,....",.,..... '\1'1"'."" 'iL . .""!iN:;' )'" "ea;':"COiMIl"t:i Ind. 0nwI I.ocAo. TAXD franchi.. T.... _nt .41 M .0; .112 l/IIli1y IJIIr T.... ~ .40 M .11 .D3 LJcoHaa AND _". IIuaInHI Ucon... ~ .110 .40 AnImal LIDon_ .....pIe .11045 A855 BIcycI. Uoon_ .....pIe .11045 A95S Houllng Pormlts Porcont A7 .53 fIND, foRRrTvRa a ........T1D Ordinance lIIolationo "-<>pIe .11045 A855 Ubrary Fin.. .....pI. .11045 A95S OTHER AoDiCl.. SI. Motor V.hlcl. LIDonoa I'M .....pIe .11045 A855 Clgar.1Io T.... .....pIe .11045 .495S ()WOO.. POll CuIUIEIfT SEJMCD MlcrofIlm_ .....pIe .11045 .495S SaI. 01 Mapa & Publication. "-<>pIe .11045 A855 Neighborhood Watch Servloo. "-<>pIe .11045 A855 AnImal Sh.Ito, Po.. .....pI. .!04S A95S emergency Reapon.. .....pI. .&04S .495S SwImming Pools .....pI. .!04S .495S Rlcr'ltJon Program. .....pIe .11045 .495S Parle Reservation Fe.a .....pl. .11045 .49SS Oihe,r Park & Rect.atJon Po.. .....pl. .!i04S .49SS cm.... REVtHUt'I DonaUon. P-.opl. .!i04S .495.5 I I Page 40 r'> !-- j J ./ I ) Dttailed Assumptions: City EXHIBIT IV"!H:ITY REVENUES DISTIHBl1TED ON DIRECT BASIS Percentage DI.trlbut!on :R....nu. Caw-goryfRev.n&M Source llaolO Sf R... MF R... I Comm. Ind. Uaf Of MONEY' PRoPERTY nvestmen1 Earning. Peopl. .5045 .4055 OntEA MfNCID Stoll Ga. T...Soction 2106 Peopl. .so45 .4055 Stoll Gal T..-Soction 2107 PeopII .so45 .4D55 Stol. Gal T..-Soction 2107.5 Peopll .so45 A055 "Fellllm' Fodoral Gran! PeopII .so45 .4D55 P.Y. _nuofBank _ ADJ PeopII .so45 AD55 OIIIor MIa<:. Reoolpll People .so45 A055 OniEJII REVOIu[I District _somenll I Peopll I .so45 I .4D55 I I ) Indirect-Exhibit IV -9 presents those revenues that have been recommended to be distributed based on the Indirect distribution method. Based on discussions with appropriate City staff, it has been determined that these revenues are not directly impacted by outside growth and development, but are rather impacted by growth in other City revenues. In that these revenues grow in relationship to growth in other City revenues, the FIND Model does not compute a specific revenue allocation factor for these items. These revenues, instead, are allocated to each non-indirect revenue and grow in the same relationship as the individual revenues grow. As with the program expenses allocated on an indirect basis, a separate revenue forecast for these revenues is not computed by the Model. EXHIBIT IV+-CITY REVENUES DISTRIBl1TED ON INDIRECT BASIS -... c.tegory R_..... Sou..... ,',," GENERAL FUND UN Of' MONrY & PMWI'PTY Aim Vkt.o tnloUrance o.ar;. On,r" R[V'ViIUD SaI. of Real & Poroonal Prop.rIy ) Page 41 De/lU/ed Assumption.r: City Revenues Not ImD8cted By Growth And DeveloDment-As with the expenses, ceruiln revenues are not impacted by growth and development. In these instances, either the revenues are directly tied to the provision of certain services (i.e., sewer connection permits) or are simply not impacted by outside growth (i.e., rentals and leases of buildings). Exhibit N-IO identifies these revenue sources by fund and revenue category. EXHIBrr rv.1~ REVENUES NOT IMPACTED BY GROWTH AND DEVELOPMENT n......... , ,... II........~ GENERAL FUND .... R_n,i;'S4iiJOii'iMnij;;./ ..............."..... ....".... ,...... -N.......'....w.-.......... .'c-' lJcDIao .....D PaIMm Sower ConnectIon Parmltl u.. '" MoNfY' ~ _Itmanl EarnIng. Ronlall & laM.Bulkllng. Ronlall & laM.Land Rontal. & .......Bueball FIeld. 0tK........_ Fedoral Gran! DiIutM Proparodnool Grant Contrlbullona C>woDa _ eu-xr SIJMca National CIty Impounda Impotlal 80.." Impounda EDP So...... Pump Station MoInto_ Mlac. So..... etwgo. 0tKEJI REVENUES Rolrnbu.......nl-Stall Abondonod VohIdo RoImburwmont-Olho< ~ncIo. Rolmburwmont-CIP PIojocto ~lmburMment Rad...IDpment~ St. Mobllo Homo PotIc Act Foo OIhor Mlac. Rocelpto Reference should be made to the report attached at the end of this documented headed "Distribution Methods" under "FIND Model Detail" within the City assumptions. Generated by FIND, this report identifies all City revenues by revenue category and documents the recommended fixed and variable revenues. The proposed method of distribution including General, Direct and Indirect, is also identified. For the specific percent distributions recommended, refer to the report headed "Percentage Allocations", which is also presented under the tab labeled "FIND Model Detail". This latter report only applies to those revenues that have been allocated on a Direct basis other than by population. Page 42 r.... .1 l I . I ~ l 1 1 -\ '/ \ 1 ,I D./ml.d AsswnptioTIJ: City ALLOCATION FACTORS Based on the assumptions regarding fixed and variable revenues, distribution metbods and percentage allocations, the FIND Model computes specific revenue allocation factors by revenue source and land use type. These revenue allocation factors are computed by dividing all revenues allocated to a given land use (i.e., single family residential, multi-family residential, commercial and industrial), by existing residential units, commercial acres and industrial acres served, respectively. Refer back to Exhibit IV-6 for the existing development information that has been used for computing these factors. All data was provided by Oty staff. The resulting revenue allocation factors generated by the FIND Model are attacbed at the back of this document under the heading "Cost/Revenue Allocation Factors", which is presented under the tab labeled "FIND Model Detail". ') SPECIAL ASSUMPTIONS Because of the importance and significance of selected revenue sources to the Oty, the Otay Ranch Find Model has been designed to forecast certain revenues based on very specific assumptions. These revenues include: . Property tax . Property transfer tax . Sales tax . Transient occupancy t= The specific assumptions for each of these revenues is presented briefly below and on the following page. . ProlJertY Tax-A number of different factors and assumptions influence the forecast of property tax revenues. For purposes of this analysis, the FIND Model has assumed tbe following: - City share of the 1 percen! property tax levy is 13.9015 percent ) Page 43 ( \ ,. q, - ,.. ~ '.~ ',,""' - .. ,. -..., - Deta;/ed Asrumption.r: City -increased assessed values associaJed wiJh the purchase of any land wiJhin the project boundaries thaJ Baldwin CUTTently holds with an option to buy. -Auessed values for all development, as provided by the Baldwin Company (refer to 'Tax Role and Other Assumptions" report on the tab labeled "Phasing/Other Assumptions"). To ensure revenues are not overstated, the State homeowner's property tax has been deleted as a line item from the analysis. · ProlJertv Transfer Tar-For purposes of forecasting the property transfer tax, the FIND Model assumes the following: - City tax rate of $.55 per $1000 of sales amounJ of transferred property - Tunwver raJes of property tmU11Ied at 8 years for single family residential, 12 years for mulJi-family residential and 15 years, respectively, for commercial and industrial property. These assumptions are documented under the tab labeled "Phasing/Other Assumptions". · Sales and Use Tar-To compute sale tax revenues, the Model multiplies taxable sales figures by total square footage of commercial and industrial development anticipated to come on-line. The Oty's 1 percent sales tax levy is applied against the resulting taxable sales to compute anticipated sales tax revenues. For purposes of this analysis, a weighted average of taxable sales per commercial development has been computed using available information from the Urban Land Institute and data generated through previous analysis. Specific assumptions that have been used in computing the weighted average include: -Business Park - Ta:.cahle sales per square foot of $25.00 - Freeway Commercial - Taxable sales per square foot of $155.00 - Commercial - Non EVC - Taxable sales per square foot of $144.00 Page 44 (--" , ,\ ,I II I I I I I I I I I I I I I I I I I , ) f ) l r r [ [ [ [ [ I ) Detailed Asswnptio1lJ: City -RLsort - Hotel- Taxable sales per square foot of $7.45 -Resort - Commercial - Taxable sales per square foot of $168.00 -Regional Mall- Tamble sales per square foot of $183.00 -EUC - VISitor - Tamble sales per square foot of $168.00 -EUC - Office - Taxable sales per square foot of $25.00. By applying these factors to the anticipated mix of commercial and office development in Otay Ranch, the weighted average taxable sales per commercial development can be calculated. However, this average will change if the jurisdictional boundaries shift. Based on the boundary assumptions for the City/County recommended plan, the weig1tted average of taxable sales per square foot of commercial development amounts to $85.65. Exhibit IV -11 presents the supporting computations. Taxable sales of $25 per square foot have been assumed for industrial development. EXHIBIT JY.11-COMPUTATlON OF WElGKTED SALES TAX ASSUMPTION TuMIe ..., WoIg_ CIty Square ~ Iq."'- T.... Ta ..... -'--ge Bull..... Part< 1,0D3.D08 S25 127 .32!5.2DO Fr..way Comm.rclaJ 1125,214 155 '43.-,'07 ComIMion-EUC. NB ',183,743 144 17O,458,D;2 Center EUC Roglonal 1.2DO.000 183 218,1100.000 Commercial EUCIIIIIIor 500,000 188 14.000.000 Commercial EUC 0It\c0 . ~ '.85',_ 2!5 48,787 .2DO EUC 0It\c0 . Med/Hgh 1,30S,800 2!5 32.m.ooo e, I 110,253 M8U24,2811 SI5.es . Transient OCCUDancv Tax-Assumptions used by the FIND Model to forecast these revenues include: -Average room rale of $]25 per night _ Occupancy rale of 68 percent - Tax rale of 8 percent. Page 45 " 1J . '1" , , I 1 , I I I I I I I I I I I I I I I I I I Derailed Asswnption.r: City Tbese assumptions are consistent with area trends as confjnned by members of the Service/Revenue CoIDIIriuee. To allow significant flexibility to the user, the Otay Ranch Model has been designed so that changes and modifications can be made to all of the assumptions impacting the forecast of property, property transfer, sales and transient occupancy taxes. SUMMARY This chapter has presented all of the assumptions and methodologies used for distributing City costs and revenues to appropriate land use categories. As discussed previously, these assumptions directly impact the subsequent calculation of cost and revenue allocation factors. FIND Model generated reports documenting all of these assumptions, as well as the resulting cost/revenue allocation factors, are presented and indexed at the end of this report under the tab labeled "FIND Model Detail". Page 46 D.tDiled Assumptions: CoUflIy CHAPTER V DETAILED ASSUMPTIONS: COUN1Y GENERAL FUND, ROAD FUND LIBRARY AND FLOOD CONTROL DISTRICfS AND RURAL FIRE PROTEcrION DISTRICf ) This chapter presents the specific assumptions used for linking County General fund, Road Fund, library and flood control districts, and Rural Fire Protection District costs and revenues to different land use types. The assumptions identified include fixed versus variable costs/revenues, distribution methods and, as appropriate, percentage distributions to land use type. To facilitate review, this chapter is organized as follows: . Expenses . Revenues . Special .As.rumptions. The resulting cost and revenue allocation factors resulting from these assumptions are also discussed. EXPENSES To calculate a specific cost factor by program and land use type, all County General Fund, Road fund, library and flood control districts, and Rural Fire Protection District operating program costs have been allocated to appropriate land use ) Page 47 "') ~ ,."-..,.....,. Detajled Arsumption.s: COUfIty categories. To make these allocations, specific assumptions have been developed regarding: · Fixed verses variable expenses · Basis of distributing costs to land uses · As appropriaJe, specific percenJage distributions to land use types based on an analysis of workload related indicators. These assumptions have been identified and documented for the County General Fund, Road Fund, library and flood control districts and Rural Fire Protection District. All of these assumptions are presented below and on the following pages. FIXED VERSUS V ARlAJILE EXPENSES The specific distributions between fixed and variable expenses that have been developed for the County General Fund, Road Fund, horary and flood control districts, and Rural Fire Protection District are presented at the end of this report under "Distribution Methods", which is a report under the tab labeled "FIND Model Detail" following County assumptions. In developing these distnoutions, the consultants reviewed in detail 1991-92 budgets and all available supporting documentation. Based on this review, initial distn'butions were made between fixed and variable expenses. This information was reviewed and discussed with appropriate County and special district representatives during the analysis tasks and prior to fin"Hzing the distributions. Examples of items that have generally been allocated as fixed include: · Salaries and benefils of managemenJ positions . Supplies and services related to the direa support of managemenJ positions . One-time costs for special studies and services unrelated to growth and developmenJ · Capital costs unrelated 10 growth and developmenJ. Page 48 1:: " I I I I I I I I I I I I I I I I I , D<lmled ksumpDons: County Identified fixed costs have been subtracted from each program's total operating budget in order to determine the resulting variable costs for the program. To assist the County in updating the Model for future years, the budget worksheets that were used to determine fixed costs by program have been made available for reference. The City and County are not in agreement on the methodological treatment of capital costs. Capital costs are shown two ways because it represents a different treatment of City and County expenditures. For the City of ChuIa Vista, all capital costs were excluded from the FIND analysis because those costs will be covered by developer exactions through the land development process. The County was treated the same except in two areas for which no provision has been made. These include: . Rents and leases . Regional capital costs. ) The first item, rents and leases, is a cost item for the County but not for the City because the County does not have sufficient building space to house all needed County functions and therefore expends funds "nnm.11y on rents and leases. All City costs for space occupancy are covered through ongoing maintenance costs, with the capital components for the existing residents IIlrcady paid, and with developer contributions for new space needs. The second item, regional capital costs, represents an "nnnp.l general fund expenditure to provide additional regional capital costs to serve the expanding population. Unlike the City that finances all of its new buildings by developer fees, the County lacks the authority to impose County-wide developer fees for the expansion of regional facilities, therefore, general funds are used for this purpose. DISTRIBUJ10N BASIS Once fixed and variable costs have been determined by program, the variable program costs must be distributed to appropriate land USeS. The four distribution methods that have been used, as described in Chapter m, include: ) Page 49 ..!~ , Dtlail.d Arsumptions: COWlty . General · Demand for Service · Direct . Indirect. Determination of an appropriate distribution basis has been made based on discussions and meetings with County and special district representatives. Through these meetings, the consultants reviewed and confirmed the nature of services provided and the impact that land use has on providing these services. Exhibits outlining the programs that have been distncuted by each distncution method follow. Supporting distribution methodologies and assumptions are likewise discussed. For purposes of review, all County General Fund programs are first presented followed by the Road Fund. The hcrary and flood control districts and the Rural Fire Protection District follow thereafter. For the Rural Fire Protection District, projected costs reflect a pro-ration of existing costs. Recognizing the potential for serving a very different mix of development than currently served, the pro-ration of existing costs may not be adequate to serve the proposed development General-Exhibit V-l summarizes the County General Fund, Road Fund and subject special district programs that have been reco=ended to be distncuted based on the General distribution method. This distribution method assumes that services are provided to all land uses, and that the cost of providing service is not impacted by the type of land use served. For example, the workload generated from an acre of co=ercial development is not significantly different from the workload generated from an acre of industrial development EXHIBIT V.I-COUKTY ANO SPECIAL DISTRICT PROGRAMS DISTRIBUTED ON GENERAL BASIS ~'nr:f/fvnd COUKTY GENERAL FUND Farm Homo AdYIIof PlannIng and Land Uoo Public _ _110O< lAFCO Community ~mont AKord.r Tranobordor Altai.. Tr.uu,.,.Tax CollectoJ FLOOO CONTROL DISTRICT Flood Control Service. Page 50 /J -- 0~-'; , ,-," l l 1 -, I "I I .\ -, I "I . ' De/ailed Arsumption.s: County 'Demand-Exhibit V-2B summarizes the County General Fund and Road Fund programs that have been distributed based on the Demand for Service distribution method. Note that none of the special district programs bave been recommended to be allocated on this basis. Tbe County programs distributed on this basis are characterized by the fact that they are impacted by all land use types, but the nature of the impact on workload is not the same. For example, one acre of single family residential development generates more workload than one acre of commercial development. Because programs that have been distributed on this basis are impacted differently by different types of land use, it is necessary to identify through percentages what this difference is. A brief overview of the basis for m"JnTlg these determinations in each noted department follows. . AlJematil'e Defem;e Coun.l'el- This function is related to the activities of the courts. For distribution purposes, these expenses have been allocated based upon the workload of the municipal court. See discussion for courts. ) . Conflict Public DeferuJer-As with Alternative Defense Counsel, this function is related to the activities of the courts. For distribution purposes, these expenses have been allocated based upon the workload of the municipal court. See discussion for municipal court. . CoulllY Clerk-Based on an analysis olthis program, it was determined that the marriage license activity of the program is impacted by residential land uses, whereas the fictitious bn.'ness name activities are impacted by non- residential uses. For purposes of distributing overall program costs to land use type, the marriage license activity has been allocated based on population. Tbe rf'm"'n'ng component of the program has been allocated to commercial and industrial uses based on the percentage that each currently represents of total non-residential, developed acres. The resulting percentage distributions include 18 percent to single family and multi- family uses, respectively, 42 percent to commercial and 22 percent to industrial uses. . Di~rict Attome\'- This function relates to the activities of the courts. For distribution purposes, these expenses have been allocated to land use type ) Page 51 1ro Detailed Assumptiofl.l: County based on the workload of the municipal court. See discussion for municipal court. . Marshall-As with other services, this function is related to the activities of the courts. These expenses, therefore, have been allocated to land uses based on the workload of the municipal court. See discussion for municipal court. . Municipal Court-The activities of the municipal courts include jurisdiction over all criminal misdemeanors, infractions, traffic offenses, civil cases under $25,000, small ,,)Aim. and preliminAry felony case hearings. These activities have been allocated to the various land use types based upon the distribution of calls for police service by land use. See discussion for Sheriff's Department, enforcement. . Probation-This function relates directly to the activities of the courts, and therefore, has been allocated based on the same percentage distribution as the municipal court. See discussion for municipal court. . PublU: Defende1'- This function relates directly to the activities of the courts, and therefore, has been allocated based on the same percentage distribution as the municipal court. See discussion for municipal court. . Sheriff Department. Detention-Based on a review of avai1able data and discussions with County staff, it is assumed that the ratio of individuals incarcerated is related to the calls for police services. These costs, therefore, have been distn'buted to land use types on the same basis as enforcement services for the Department. See discussion for Sheriff Department, Enforcement. . Sheriff Department. El\forrement-Recognizing that public safety calls for service generated by land use type will be the same in the Otay Ranch project whether development occurs in the City or the unincorporated area of the County, it is important that distributions in this area be consistent between the City and the County. In that detailed calls for service infonnatiort was readily available from the City, the same calls for service per unit of development identified in the City was applied against existing development in the County in order to compute resulting percentage Page 52 1~! ---.-" I I I I I I I I I I I I I I I I I I , Detm/ed Amunptio1U: County distributions by land use type in the County. Tbese computations are presented in Exhibit V-lA Tbe reswting percentage distributions by land use type include 37 percent to commercial, 32 percent multi-family residential, 28 percent single family residential and 3 percent industrial. EXHIBIT V-2A-CA!.CULA110N OF SHERIFF PERCEKTAGE DISTRIBU110NS ExlatinV County CIty CFS By UncI Total CFS ,.,.;.'""v. 01 Tola! Unln=rpor.tod Dowlopmonl 11M Typo l1li.944 IInvl. lamlly unlla __/unIt 2._ 28" 47.845 multi-family unlla _funK 3,011 ~ 1,944 commercial .ern 1.7WSI/__ 3.485 In' 2.054 JndustriaJ aCt.. .1342/__ 2715 K ) . Superior Coul1-The superior court has jurisdiction over all felonies, civil cases over S2S,OOO, cases involving title and possession of real property, dissolution of marriage, probate, conservatorship, mental health, and juvenile proceeding5. The land uses that impact these activities vary by activity. The resulting percentage distributions that have been developed for this program are based on case type and weighted judicial workload data as provided by the court. . Road Maintenance-This program has been allocated to land uses based on an analysis of trip generation factors. Recognizing that the trips generated by land use within the Otay Ranch project will be the same regardless of whether the development occurs in the City or the unincorporated area of the County, it is important that distn"butions in this area be consistent between the City and County. To ensure consistency, this program has been distributed to land uses on the same basis as City street maintenance costs, which assumed an average of 10 daily trips per single family residential unit, 7 per mwti-family unit, 300 per commercial acre and 140 per industrial acre. The methodology used to allocate trips to land use is the same as was used for police ca1ls for service described above. All of these specific percent distributions are presented in Exhibit V-2B. ) Page 53 ()( i , , Detailed Assumprion.s: County EXHIBIT V-2IH:OUNTY PROGRAMS DISTRIBIJnD ON DEMAND FOR SERVICE BASIS " ~ ,. N.. , P....nlaae DIotrlbutlon Av-noy /Fund/Provram s.;:1"" SF Rea. 1;';,',,";:'1' I Baal. Comm. Ind. CouHrt G....... All. Del. Coun..1 A Percent .17 :ST .43 .03 Conftlct Pub. Defender A p.,cent .17 :ST .43 .03 Countv aerie A Percent .18 .18 .42 .22 Dlotrtc\ Attorney A Peroont .17 :ST .43 .03 , _all A Percent .17 :ST .43 .03 Municipal Coull A Percent .17 :ST .43 .03 Probation A Percent .17 :ST .43 .03 Public Defender A Percent .17 :ST .43 .03 Shertll-Detondon A Percent .28 .32 :ST .03 Shertll-Enforoomant U Percent .28 .32 :ST .03 Superior Coull A Percent .33 .47 .1; .01 RQAI) fUND Road MaJntenance I U Percent A4 .14 I .281 .14 (I) "A" dea/pnlJllona Ind/cllllt _ _ piO'tIIded 10 ._ CDcmIy. __ V do4/pn1J11onl ..- .._a only pffNldod Ie fhfI unlncorpora1Od .,.. 01 fhfI County. Direct-Exhibit V.3 presents those County General Fund, h"brary district, aild Rural Fire Protection District and special district programs that are recommended for distribution using the Direct distribution method. By definition, these programs are impacted by only selected land uses. Under this distribution method, it is necessary to determine whether or not these programs are impacted only by population (i.e., residential uses) or if other considerations need to be taken into account. To reflect the former instance, the term "people" is indicated under the basis of distribution. In the latter instance, the term "percent" is presented. In only one instance has "percent" been indicated. In this case, specific percentages have been developed for purposes of allocating these program costs to the appropriate land use categories. Supponing information for this one program is presented below. Page 54 I) ~ I I I I I I I I I I I I I I I I I I DetajJed MsumptiOns: Counry . Al!riculturelWeil!hts &: Measure.l'-Based on a review of services provided in this area, it has been determined that agricultural enforcement is directly impacted by industrial land uses, whereas weight and measure activities are impacted by commercial uses. Based on these assumptions, 90 percent of all program costs have been allocated to industrial uses and 10 percent have been allocated to commercial uses. EXHIBIT V4-Cou~.:~ s....'..............E........C..........IAL......~~............D...... I. STRICT 'ROG..RAM..,;...........,....,.s.....' ...D.............;.....~....'..........,;;:. ;;;;.;,;,o;DI"';~~:Oft....~.t. ..,.....'.......~~....:....'.....'....t....'.. ;;;;-.:""._.:.::.:~.~~:::;::'::::::~:i~)%w:;:~r _ _ _ ...'" - _ _ __ _ -.- ....wvw - - -.-. --- - ---- Ag"nrryfFllttd/",*;"',,,ii.)?SfR.L.J.iIi~~~;Ej~;llr>ct. CouNTY GENERAL GrondJury A Pooplo .5342 .- ,.... Agency on Aging A People .5342 .- Hoallh Servico. A Pooplo .5342 .- SodoI Service. A PoopIo .5342 .- Ag./WIlghll & Me....... A "-reont .10 .80 Animal Control U People -.11872 .312B ) Housing & Comm. 00Y. U People .11872 .312B Ub<ary U People .11872 .312B Medico! examiner A People .5342 .- _ & _e.tion A PoopIo .5342 .- Public Admin. A People .5342 .- Roglatrll 01 Vole.. A People .5342 .- 1Ja..... Ubflty u I Pooplo I .11872 .312B I Filii DoI'naCr FI.. I u I Poople .11872 .312B I (a) 'A't>>./g_altKt_ ___"'-" - Cooa>Iy, - V~.....,,- only pIOYIdod" fire un/ncOrpOrDd.... "'fire County. Indirect-Exhibit V-4 presents those County General Fund programs and services that have been recommended to be distributed based on the Indirect distribution method. Note that none of the special district programs have been recommended to be allocated on this basis. Based on discussions with appropriate County staff, it has been determined that the noted programs are not directly impacted by outside growth and development, but are rather impacted by growth in other County ) General Fund departments and programs. Page 55 /)0 D~toj/~d AIsumprio1U: County In that these program costs will grow in relationship to growth in other County General Fund programs, the FIND Model does not compute a specific cost allocation factor for tbese programs. These costs, instead, are allocated to each non-indirect program and grow in the same relationship as the individual County General Fund programs grow. These costs, therefore, are treated as overbead items. A5 such, a separate cost forecast is not computed by the Model. EXHIBIT V-4-COUNTY PROGRAMS DISTRIBUTED ON INDIRECT BASIS ....ney IFund Proar.n! COUNTY GENERAL Auditor & Controllor _ of SuporvllO" 0>101 Admin. OffICer Oorlc of Bowd County Counoel Cep/lelAaIot Laulng eM! Service EJect. Syo. & Equlpmont Equel OpporlUnIty Manegoment 0IIIc0 equipment Acquloition Gene'" Servlceo Humen Resourceo Deporlmont nforrnetion Servlceo Major -".".. Public ServIce UtlI. PurcIIuIng & Contract _uo & Rocovery Prolmlms Not Imnscted By Growth And Develonment-Wben analyzing the County General Fund and Road Fund, libraI)' and flood control districts and Rural Fire Protection District programs, if it is determined that the program will not be impacted by growth and development, all program costs have been categorized as fixed. Examples include programs that are totally funded from fees, charges or other revenues directly tied to the program. (Note that these corresponding revenues would also be treated as fixed to avoid overstating available revenues.) Since there are no variable costs to allocate to the various types of land uses, distn'bution methods have not been identified for these programs. Exhibit V-S identifies these programs. None of the Road Fund or subject special district programs fall into this category . EXHIBIT Y.5-COUNTY GENERAL FUND PROGRAMS NOT IMPACTED BY GRownt AND DEVELOPMEIlT ~on.YfFund Provrun COUNTY GENERAl. Nr Pollution Control Coble TV Clap/to! Departmont Rents and Llluel Page 56 /1 I I I I I I I I I ItI I I I I I I I I Detailed As.rumprio/IJ: County ) Reference should be made to the report attached at the end of this document headed "Distribution Methods" under the tab labeled "FIND Model Detail", Generated by FIND, this report identifies all County General Fund, Road Fund, library and flood control districts, and Rural Fire Protection District programs and documents the reco=ended fixed and variable costs. The proposed method of distribution including General, Demand for Service, Direct and Indirect, is also identified. For the specific percent distributions reco=ended, refer to the report headed "Percentage Allocations" following the tab labeled "FIND Model Detail", This latter report only applies to those programs that have been allocated on a Demand for Service or Direct Percent basis, ALWCATION FACTORS ) Based on the assumptions regarding fixed and variable costs, distribution methods and percentage allocations, the FIND Model computes specific cost allocation factors by fund/agency, department and program. These cost allocation factors are computed by dividing all costs allocated to a given land use (i.e.. single family residential, multi-family residential, co=ercial and industrial), by existing residential units, co=ercial acres and industrial acres served, respectively. Recognizing that certain County services are provided to all areas in the County, whereas other services are only provided to the unincorporated areas of the County, different existing development assumptions have to be applied to reflect these distinctions in computing the allocation factors, Exhibit V-6 identifies those programs that serve only the unincorporated areas of the County and those that serve the entire County area. ) Page 57 c .. ! J..,,__"./' J, Detailed Assumptions: County EXHIBIT V+-COUNTY AND SPECIAL DISTRICT PROGRAMS AND AREA SERVED Unlncory>olated ~.. CouNTY GV.EAAL ShertH-Enforcement Animal Conltol Houling & Community DoYOlopmenl Ubrary - Genera! Fund Contribution Planning & Land UN Public Wor1<a Auditor & Controllor.UnI~ated Board 01 SuporvlOO<l-Unlncorporated CIIIoI Admin. OIfioor-lJnlncorporated Clerk 01 Board.Unlncorporated County Counoo~Unlncorporated Capital _I Laulng-lJnincorporated ROAD Road CIvIl Sorvioo-Unl~ated e.ct. Sya. & EqulpAJnlncorporated Equal Opport. Mgt. Offico-Unlnco<p. equip. .-.:qulo.-lJnI~alod Genaral Sorvlcoo-Unlncorporated Human Rooourcoo-lJnInco<poralod Into Sorvlcoo-lJnInco<porated Mojo< MaInt.~ated Pub. Sorv. UtiI.-IJnII_ated Purch. & Contr...~ated Ronta & L.aueo-IJnIncorlod Cap/taI-IJnInCO I.IaRAIo'r Ubfary FLDOO eo.n- Rood Control CouNTY GEN...... All. o.r. Counool ConIIicI Pub. Dolondor County Clerk DIatrIcI AItomOy Grand Jury -.., MunlCourt Pl'obation Public Dolondor Sherlfl..Dotontion Superior Court Ma foQo""" on foQlng HoaIth SorvlcoO SocIal Sorvlool foQ.fWolghta & MeUUrol ~r Pollution ConIrol Farm Homo AdvIsor Medical ExamInaf _ & _oa_ Public Admin. Aoglotrar oI_re _uor Auditor & ControI'-r-Nt Board 01 Supo~1 0>1ol Admin. 0ItIc0r""1 Oorlc 01_ Community ~mont County CounaoI-AII LAFoo AlCcfde.r Tranabo<dar Maire Trouu.....T.. CoI_ CapItal - I.auInQ-AII a.a Sorvico-NI Elect. Syo. & Equlp.""1 Equal Oppof\. Mgt. 0Ifi00-AI1 equip. .-.:qula.""1 Gen. SoIYl.-Nt Human 110__1 Into Sorvlco_1 Mojo< _-Nt Pub. Sorv. UtI"""1 Purd1uIng & Contract"'" Ronta & Lauo~1 _..... &-ry CapItaI-AII Exhibit V-?, thereafter, presents the existing development assumptions for the unincorporated area of the County and the entire County. Program costs that reflect services provided to the unincorporated areas of the County have been divided by existing development assumptions for the unincorporated areas of the County. Simi1arly, service costs associated with uses county-wide have been divided by county-wide development figures. Refer to Appendix B for SANDAG source data noting that acreage data includes only the western third of the County, and remaining areas are unsurveyed at this time. In addition, more complete data on total County land use acreage will be available in 1993 for future runs of the FIND Model. Page 58 /03 J -1 1 -.\ ] 1 1 J .., J 'I I DeUliltd A.rsumprio1lJ: County , ( , I . . EXHIBIT V-7-EXlSTlNG DEVELOPMENT ASSUMPTIONS SAN DIEGO COUNTY AND IMPACTED SPECIAL DISTRICTS UnNorpOrlted ArM "".""CoIIiit)'-wIila Flra OI."lct Land U.. Ac... Unlto Acr.. UnIto Ac,.. Unlto 5Inolo-Iamllll Roald. III 46718 l1li V4-4 118 I!9V _705 N/" 8000 Mult!-Iamllll Rosld. f.1 28 022 47 846 73 385 478 53!5 N/" 0 Commercial Ibl 1 V4-4 N/" 18 542 N/... 0 N/" Indul\1la1 Ib\ 2.054 N/... 18881 N/" 0 N/" _: F_ conlrDl ../W. anllll unincorpotrllW1_ d",. County. (I) Source: SANDAG'. ActMty Cen"'lI r:>-ha_, 1lIIIO. fb) Source: SANDAG, UncI UN by Ju1fad/ction, 188& R.,., fD Appendix A The resulting cost allocation factors generated by the FIND Model are attached at the back of this document under the heading "Cost Allocation Factors" following the tab labeled "FIND Model Detail", ) REVENUE To calculate specific revenue factors by revenue source and land use type, all but a few of the County General Fund, Road Fund and subject special district revenues have been allocated to appropriate land use categories. The exceptions include property, property transfer, sales and transient oc:cupancy taxes. These revenue sources have been forecast based on very specific assumptions, which are presented at the end of this chapter. To compute the revenue allocation factors for all other revenues, specific assumptions have been developed regarding: . Fixed ver.ses variable revenues . Basis of distributing revenues to land uses ) . As appropriaJe, specific percentage distributions to land use types based on an analysis of the relaJionship of land uses and the specific revenue source. Page 59 I () If' , Da~kd~~mprio~:Co~~ Tbese assumptions have been identified and documented for the General Fund, Road Fund, library and flood control district and Rural Fire Protection District. All of these assumptions are presented below and on the following pages. FIXED VERSUS VARIABLE REvENUES Tbe specific distributions between fixed and variable revenues that have been developed, by revenue category, are presented at the end of this report under "Distribution Methods", which is presented behind the tab labeled "FIND Model Detail" following County assumptions. Unlike the analysis of expenses, virtually all revenues are variable. Exceptions include revenues designated for a specific purpose that would not be impacted by growth and development, as well as certain grants. All assumptions in this area have been reviewed and confirmed by appropriate County and special district staff. DISTRIBUTION BASIS Once fixed and variable revenues have been determined, the variable revenues must be distributed to appropriate land uses. For allocating County General Fund, Road Fund, and subject special district revenues to land use categories, two distn'bution methods have been used. As described in Chapter III, these include: · Direct . Indirect. Determination of an appropriate distn"bution basis has been made based on discussions and meetings with County and special district finance staff. Through these meetings, the consultants reviewed and confirmed the nature of each revenue source and the type of impact that land uses would have on forecasting these revenues. Exhibits outlining the revenues that have been distributed by each distribution method follow. Supporting distribution methodologies and assumptions are likewise discussed. Direct-Exhibit V-8B presents those County General Fund, Road Fund and subject special district revenues that are recommended for distribution using the Direct distribution method. By definition, revenues recommended to be distributed using Page 60 I. }r-' ,-.1 _ ] ] I J J I I I I I I I I I I I I I DetJJj/.d Asnunprion.s: County this method are impacted directly by selected land uses. As noted in Exhibit V-S, most of these revenues have been determined to be impacted by residential uses as indicated by the disttibution basis noted as .people". Consistent with discussions with County and other staff, these revenues are directly impacted by population as opposed to other indicators of growth and development In those instances where "percent" has been indicated, it has been determined that these revenues are impacted by considerations other than population. To disttibute these revenues to different land use types, specific percentages have been developed to reflect the relationship that land use has on revenue generation. A brief discussion related to the basis for these percentage distributions follows. ) . Franchist Tans-Franchise taxes are generated from public utilities based on their gross sales. To distribute these revenues to land use type, data generated by land use type has been used. Specific data iDcludes average kilowatts and therms expended by residential unit and commercial and industrial square foot The specific factors include: - 4,80() KW per residential unit, 9 KW per commerc:iaJ squll1'e foot, 14 KW per offict square foot, and 5 KW per industrial squll1'e foot - 480 Therm per residentiaJ unit, .25 per commercial squll1'e foot, .23 per offict square foot, and .15 per industrial squll1'e foot. These factors have been applied to existing development in the unincorporated area of the County, as presented in Exhibit V -SA, to determine an appropriate distribution of usage by land use type. EXHIBIT V-lA-CQMPUTATlOH OF FRANCHISE TAX PERCENTAGE DISTRIBUTIONS :::: ::~:,h:~>t'::::;:>y::,;:::;. : ':':';;":':::':'~:':::~:::::: ....;.;......-... . , ,:.;.:,:::.:" ".,:;::. .:.:.:: ::'-.:': ~. : COUlllJ'oUM..orporilw . ED"ng DI.JlcplJiant (8) ;.',;.::::;: ']rl?(Kii:':~'u.'~p('Ib):: "),i:{i:. .,:" 1.;:-:;:;i)t~1f:~~:j~~=:=j~t.)~:!:;:~:i:~::: .-. :::"':>>:::':'::: 1,317,731 ......",.rdaI oq.1\. 828.608 IndUOlrlal oq. I\. (o) Sou,.,.: SANDN3. _ II> AppMIdbt B. (/>) Sou,.,.: SaMc:.JRr.-n.... 70chnlcal eomm_. KW..... ""01 TIIeIa UnIt ToI8I "- ToI8I ..... UnIt ToI8I 11M,. "" 01 Total 4.800 e81),427 ,200 - 410 ee,042.720 - . 11_.571 3 .25 321.433 ,.. 8 4.143.040 '" .18 124.211 0'10 137.. ..tIcIontlal unllo ) /)(p Page 61 DeUUkd A3swnpOons: Cow>ry · Trial Cour1 fUndinp- These revenues relate directly to the activities of the courts, and therefore, have been allocated based on the same percentage distribution as the municipal court (refer to discussion of County expenses). · Cour1 Fines and Forfeitures- These revenues relate directly to the activities of the courts. For distribution purposes, therefore, these revenues have been allocated based on the same percentage distn1>ution as the municipal court (refer to discussion of County expenses.) · Business License Tar-Business license tax revenues are levied against businesses for the privilege of doing business in the unincorporated area of the County. To simplify this analysis, it is assumed that this revenue is only impacted by commercial and industrial land uses. For purposes of distn1>ution, it has been assumed that one acre of industrial development will generate the same amount of revenue as one acre of commercial development. Based on this assumption, the percentage that each land use tYPe represents of all non-residential acres has been used as a basis of distributing these revenues to the two land use categories. As indicated in Exhibit V -8B, most of the revenues distn"huted on this basis have been determined to be driven by population. EXHIBIT Y-IB-COUN1Y AHD SPECIAL DISTRICT REVENUES DISTRIBUTED ON DIRECf BASIS GENERAL fUND Ontao I.DcAL T..... OllIe< T..-NrcraII A .....".. JI342 .AIS8 _" U _nt .1135 .345 .0'5 .oos Ontao AD....... Trial Court Funding A I'M>ent .,7 S1 .43 .(13 SIal' Monda*! eolt 1101mb. A "-"pie .5342 .- Motor Vehld. ~u T.. A .....".. .11342 .- Tran., ~U.u Tax A "-"pie .11342 .- Ogaren. T ..... U "-"plo .11872 .3128 Page 62 /()7 L I I I I I I I I I I I I I I I I I , - t t i Detailed Assumptions: County . ) EXHIBIT V-aB-COUHTY AND SPECIAL DISTRICT REVENUES DISTRIBUTED ON DIRECT BASIS . I.. . ,,',. ...... P.,oenloge DloIrIbutl.... Ge__ Sf MF ConvR :.. R....nu. Cal&gory/R_nua Souroe . 1 from (a) ,:Bul. R... R... ",,:::';;"" Incl. MI8CEU.AHE0U8 Coun An.. and ForteJturH A Pa....nt .17 .zr A3 .03 Bulin... l.Jcen.. Tax.. U Pa....nt All .61 ROAD FUND T.... Oth.r than PToparty A People .5342 M58 Uoan.... Parmlla, ffancIIl... U People .8872 .3128 Rn... Forfeiture.. P8natt1.. A People .5342 M58 Total Aid, Other U People .8872 .3128 Owg.. !of Currant SeNloH U People .8872 .3128 Mlacallanaoua _nua U People .8872 .3128 Other Souroa. U People .8872 .3128 ......... DomacT T.... Other than PToparty U People .8872 .3128 Owg.. !of Service. U People .8872 .3128 FIRE DomacT EMSRtcoYery U People .8872 .3128 Othor U People .8872 .3128 (aj Ind_. __"lIIne_Coo"'! ~tM rA,oronly6em ""1IIIIncoIpo.__"''''' Coumy ('V). t I t t. f , . .; . I Indirect-Exhibit V-9 presents those revenues that have been recommended to be distributed based on the Indirect distn'butionmethod. Based on discussions with appropriate County and district staff, it has been determined that the revenues presented in Exln'bit V-9 are not directly impacted by outside growth and development, but are rather impacted by growth in other revenues. In that these revenues grow in relationship to growth in other revenues, the FIND Model does not compute a specific revenue allocation factor for these items. These revenues, instead, are allocated to each non-indirect revenue and grow in the same relationship as the individual revenue grows. As with the program expenses allocated on an indirect basis, a separate revenue forecast for these revenues is not computed by the Model. ) If (' u. Page 63 Detailed Assumption.!: COW11y EXHIBIT Y+-COUNTY AND SPECIAl DISTRICT REVENUES DISTRIBlTTED ON INDIRECT BASIS Agoncy/fund ..... Program COUNTY GENERAl MJaCE1..LAHrDUa Other RtYenue UBRARY DISTRICT Mlacollanooul Rownuo Othe, So~ Revenues Not Imnacted Bv Growth And Develonment-As with the expenses, certain revenues are not impacted by growth and development. In these instances, either the revenues are directly tied to the provision of certain services or are simply not impacted by outside growth. Exhibit V-IO identifies these revenue sources by fundi agency and revenue category. EXHIBIT V.1~OUNTY AND SPECIAl. DISTRICT REVENUES NOT IMPACTED BY GROWTH AND DEVELOPMENT COUNTY GENERAL CuNIEN'r ""-~" TAXD __Iopmont Agroomonll _relln-Uou Tax Open Spoco Lend 0Ih0< Row. Hold _II lnto'OIt on Oopcolto Intortund TranoIo,. fund BoIonco Total AId, _rei Uoo 01 Money fund BoIonco Uoo 01 Money IntorgOYOrrvnontoJ Money Fund BoIonco Commun/Iy OOYolopmont Fool Dralnaoo Foo Fund BoIonco Oopt. 01 Wele, RooourCOI Other Alwnue 0nt!R AD....... "~I...ItE~ 0'rHER AsaUMP110Na ROAD FUND UBRARY DISTRICT FLOOD CONTROL DISTRICT FIRE DISTRICT SpocIaI Fundi Plan O>ock Fool Bur.au of Indtan Main Interel1 Reference should be made to the report attached at the end of this documented headed "Distribution Methods" under "FIND Model Detail" for the County. Generated by FIND, this report identifies all County General Fund, Road Fund, Page 64 /oq .. I I I I I I I I I I I I I I I I I I Detailed AJsumptioTIJ: County library and flood control district, and Rural Fire Protection District revenues and documents tbe recommended fIXed and variable revenues. The proposed method of distribution including Direct and Indirect, is also identified. For the specific percent distributions recommended, refer to the report headed "Percentage Allocations" following the tab labeled "FIND Model Detail", This latter report only applies to those revenues that have been allocated on a Direct basis other than by population. AfT.ocATION FACTORS Based on the assumptions regarding fixed and variable revenues, distribution methods and percentage allocations, the FIND Model computes specific revenue allocation factors by revenue source and land use type. These revenue allocation factors are computed by dividing all revenues allocated to a given land use (i.e., single family residential, multi-family residential, commercial and industrial), by existing residential units, commercial acres and industrial acres served, respectively. ) Recognizing that certain County General Fund and Road Fund, h'brary and flood control districts, and Rural Fire Protection District revenues arc generated from all areas in the County, whereas other revenues arc only generated from the unincorporated areas of the County, different existing development assumptions have to be applied to reflect these distinctions in computing the allocation factors. Exhibit V.ll identifies those revenues that are generated from the unincorporated areas of the County and those that arc generated county-wide. The resulting cost allocation factors generated by the FIND Model are attached at the back of this document under the heading "Cost/Revenue Allocation Factors", which is presented following the tab labeled "FIND Model Detail". Refer back to Exhibit V-? for the existing development information that has been used for computing these factors. ) / /D Page 65 Dttailtd Anumption.s: County 1 EXHIBIT V.11-cOUNTY -'ND SPECIAL DISTRICT REVENUES AREA GENERATED FROM UnlncorporaMd All County Ar.. COUNlY GENERAl FUND COUNlY GENERAL FUND OnIER LocAL T AXU Ontoo LocAL T.... Franchi... 0Iher T..-N,cran AtvENUE FROW OntER AoDtCaO _...". Ontoo Ao~~ Cigarette Tax Trial Court Funding Slaw Mandated Rolmbunement MIaCEUAHEOUI Motor V.hIdo lrHJeu T.. Buoln... Certificate. Trailer IrHJeu T.. Other Reven~ .....-. t a..fOiI. Court fine. & _1Iut.. 0Iher Rown.. ROAD FUND ROAD FUND Uoonoo., Pormlto & _1M. T..H 0Iher Than PIoporty Total Aid OIho, CM. Ano., __ &_. \JM 01 Money & Proporty etwg.. for Curnnt _ Mlacellanooul Rownu. Other Source. FLOOD CONTROL Flood Control Proporty T.. UBRARY Cu".nt "'.porty Tax T.... Oth.. Than "'.porty \JM 01 Money & Proporty """rgYl Flown.. etwg.. for SorvIcH Misc. Rown.. Other Source. ., J 1 1 '] ] 1 J -1 .J SPECIAL ASSUMPTIONS Because of the importance and significance of selected revenue sources to the County General Fund and subject special districts, the Otay Ranch Find Model bas been designed to forecast certain revenues based on very specific assumptions. These revenues include: · Property tax . Property tran.sfer tax Page 66 11/ DeliU/ed Assumptions: County · Sales tax . TransienJ occupancy tax. The specific assumptions for eacb of tbese revenues is presented below and on tbe following page. . horm" Tax-A number of different factors and assumptions influence the forecast of property tax revenues. For purposes of the analysis of this development scenario, the FIND Model bas assumed the following: - County General Fund share of the 1 percent property tax levy for property locaJed in the unincorporaJed area of the County is 27.5862 percent _ County General Fund share of the 1 percent property tax levy for property locaJed in the incorporaJed area of the County is 20.0046 percent ) - Library fund share of the 1 percent property tax levy is 1.7988 percent _ Flood Control District share of the 1 percent property tax levy is 1.2888 percent _ Rural Fire Protection District share of the 1 percent property tax levy is 2.000000 percenJ _ ]naeased assessed values associated wiJh the purchase of any land within the project boundaries for whidl Baldwin cwrently holds an option to buy. -Assessed values for all development, as provided by the Baldwin Company (refer to 'Tax RDle and Other Assumptions" report following the tab labeled .Phasing/Other Assumptions".) As jurisdictional boundaries cbange for various development scenarios, the local sbare of tbe property tax levy will also change. The user bas the flexibility to change these factors. To avoid double counting revenues, the ) /!~ Page 67 J D,'ail,d ArsumptiOfU: Cowtty -County tax: raJe of $.55 per $1000 of sales amounJ of transfe"ed property locoJed in the incorporaJed area of the County J 1 1 1 ] 1 ] ] ] .I J State Homeowner's Property Tax bas been deleted as a liDe item from this analysis. · ProrJertv Transfer Tar-For purposes of forecasting the property transfer tax, the FIND Model assumes the following: -County tax: raJe of $1.10 per $1000 of sales amounJ of transfe"ed property located in the unincorporoJed area of the County - Tunwver raJes of property assumed oJ 8 years for single family residential, 12 years for mulri-family residenJiDI and 15 years, respectively, for commercial and industrial property. These assumptions are presented following the tab labeled "Phasing/Other Assumptions". · Sales and Use Tax-To compute sale tax revenues, the Model multiplies taxable sales figures by total square footage of commercial and industrial development anticipated to come on-line. The County's 1 percent sales tax levy is applied against the resulting taxable sales to compute anticipated sales tax revenues. For pmposes of this analysis, a weighted average of taxable sales per commercial development has been computed using available information from the Urban Land Institute and data generated through previous analysis. Specific assumptions that have been used in computing the weighted average include: , J - Commercial - Non EUC - Taxable sales per square foot of $144.00 - Reson - Hotel - Taxable sales per square foot of $7.45 -Resort - Commercial- Taxable sales per square foot of $168.00 By applying these factors to the anticipated mix of commercial and office development in Otay Ranch, the weighted average taxable sales per commercial development can be determined. The resulting factor is Page 68 //3 II I . II . . . . . . . . . . . . . . . Detailed Assumptions: County $4421, as presented in Exhibit V-12. Taxable sales of $25 per square foot have been assumed for industrial development. EXHIBIT Y-12-<::OMPUTATlON OF WEIGHTED SAlES TAX ASSUMPTION County Square Footage TuabN Sal.., Total Tax s.J.. Wolgh'-<l Squ.r. fMt Averag. Reoort Hotol 550,000 7.45 4.097.500 RISon Commercial 108.900 168 18.295.200 Comm . NB ConlO'" 67.518 144 8.722.592 725,418 32,115.292 44.21 · Transient Occuoont:Y Tax-Assumptions used by the FIND Model to forecast these revenues include: -Average room rale of $125 - Occupancy rale of 68 percent - Tax rate of 9 percent. ) These assumptions are consistent with area hotel data as confirmed by members of the Service/Revenue Committee. To allow significant flexibility to the user, the Otay Ranch Model has been designed so that changes and modifications can be made to all of the assumptions impacting the forecas(of property, property transfer, sales and transient occupancy taxes. SUMMARY ) This chapter has presented all of the assumptions and methodologies used for distributing County General Fund, Road Fund, library and flood control districts, and Rural Fire Protection District and impacted special district costs and revenues to appropriate land use categories. As discussed previously, these assumptions directly impact the subsequent calculation of cost and revenue allocation factors. FIND Model generated reports documenting all of these assumptions, as well as the resulting cost/revenue allocation factors, are presented and indexed at the end of this report under the tab labeled "FIND Model Detail" for the City and County, respectively. Page 69 Ilf CITY COUNCIL AGENDA STATEMENT Meeting Item NO.1I..!3....- Date 4/16/96 Resolution Ig~hd_ Approving Agreement Between the County of San Diego and the City of Chula vista Regarding Otay Ranch Sphere of Influence and Operation of Otay Landfill SUBMITTED BY City Manage~ 4/5 Vote: Yes No~ As a component of the pending actions on the proposed Sphere of Influence for Otay Ranch and subsequent property tax agreement and annexation of the western parcel, the County wishes to ensure that the City will not interfere with the ongoing operation or expansion of the Otay Landfill. They do not wish the current litigation and potential early closing of San Marcos Landfill to be repeated in the South Bay as a result of actions of the city. This agreement addresses that protection. ITEM TITLE RECOMMENDATION: Approve in concept the business points of the landfill agreement and provide any input on issues that should be conveyed to the Board of Supervisors on April 17, 1996. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION: On February 16, 1996, the County provided a draft agreement to the ci ty. The city and County staff have been meeting as frequently as possible to reach closure on the document so as to keep on schedule with the May 6, 1996 continued LAFCO Sphere of Influence hearing for the Otay Ranch. The Property Tax Agreement is discussed in a separate agenda statement on the April 16, 1996 Agenda. As a condition of the proposed negotiated Otay Ranch property Tax Agreement, a "landfill" agreement must be agreed to between the City and the County. A second condition is that the County must support the "panhandle" for inclusion in the city's Sphere of Influence. A third condition is that the City side of the landfill must be detached. A. principal Business Deal Concept The County desires the following basic protection for the Otay Landfill: protection from the use of the City's governmental authority to interfere with their use as a landfill, protection against "host", toll or any other fees, access to the landfill on existing streets and adequate maintenance thereon, and protection against land use changes adjacent to the landfill which might negatively affect its operation or result in its closure. They are It 8-J paranoid about this based on their extremely negative experience with the San Marcos Landfill. A major assurance offered by the City to the County in order to protect the landfill use is the detachment of the City side of the landfill. The landfill is currently located partly in the County and partly in the City. The detachment would place the entire landfill in the County's jurisdiction and under their governmental control. The detachment is being processed concurrently with the annexation and is a prerequisite to the effectiveness of both the landfill agreement and the property tax agreement. It is our expectation that the annexation and the detachment can be processed together and within the same time frame. In exchange for the City protecting the Otay Landfill use, the County will provide the City with the following: County support of the Sphere of Influence Amendment (i.e., Village 3 and Planning Area 18-B) for the Ranch, approval of the proposed Property Tax Agreement (which is a better split than the County-wide Master Property Tax Sharing Agreement formula), non-opposition to annexation of the Sphere, and payment by the County over time of $327,000 toward the county share of the Otay Valley Road Assessment District. Should the city breach the agreement, the county wants very severe penalties (so-called "Poison pills") as follows: (a) revision of the Property Tax Exchange Agreement for the Ranch to the detriment of the city, (b) refunding, with interest, previous funds transferred to the City, and (c) requiring the City to pay for the closure costs of otay Landfill and its relocation. This latter case would only occur should the City ever reannex the landfill and exert regulatory authority over the landfill. This qualification is still somewhat of an open issue with the County staff and we will update Council at your meeting on April 16. The County Board of Supervisors will consider this Agreement on April 17, 1996. B. provisions of the Agreement 1. The County staff is willing to recommend the support of the amendment of Chula vista's Sphere of Influence before LAFCO. They wish to have the current County portion of the landfill property remain as a Special Study Area and thus an exception to the balance of the Sphere as recommended by LAFCO staff. 2. The County agrees not to oppose annexations wi thin the adopted Sphere of Influence. 3. The County shall agree to pay $327,000 to the City as its share of the otay Valley Road Assessment District. The amount is to be paid in equal annual installments over a 5 year 2 /~B -~ period beginning July 1, 1996 without interest. widening project has now been completed.) (The road 4. The city shall acknowledge that the landfill use (and its planned expansion) is consistent with the Chula vista General Plan. The City retains the ability to review and comment on any future environmental or other documents associated with any future expansion plans by the County. 5. The city agrees to amend its General Plan to non-residential habitation uses within a 1000' buffer area of the boundaries of the landfill (within the newly annexed area, essentially Village 2 of the otay Ranch). The balance of the buffer area is currently designated industrial, open space, or is already developed. 6. Chula vista shall agree to maintain the access to the landfill, namely otay Valley Road from I-80S to otay Rio Road and Maxwell Road from otay Valley Road to the landfill property, in the same condition as the rest of the road system. Further, the city agrees not to restrict access by a toll, weight restriction or any other fee or charge. 7. The City shall consent that it will not interfere with burn ash being transported over City streets to the landfill. 8. The most significant part of the agreement which could impact the city are the events of major breach and the remedies associated therewith. The events of major breach (mentioned previously) include adopting restrictive or limiting land use regulations or controls on the landfill property should it ever be reannexed; applying tolls, host fee, weight restrictions or any other fees on the main access roads to the landfill; amending our General Plan or zoning such that it impedes the continued use of the landfill or negatively affects it or approving incompatible land uses to the landfill (i.e., new residential habitation uses not reflected on the current General Plan) within a stated buffer area. As previously stated, the buffer is defined as a 1,000 foot distance from the property line boundary of the landfill ownership. Existing residential uses reflected on the City's General Plan as of the date of execution of this agreement shall be grandfathered and not affected by this agreement. 9. There are notice requirements the County must provide to the city in the event of an alleged breach and the City must be given an opportunity to cure. Events beyond the city's control, such as acts of God, natural disasters, etc., are excluded. 3 "8 -3 10. The remedies of major breach include three very significant penalties. a) Reallocation of Property Tax - In the event of a breach, the property tax allocation shall be changed so that the base revenue and annual tax increment shall be allocated 59 percent to the County and 41 percent to Chula vista. (This compares to a 50-50 split under the proposed to be adopted Property Tax Agreement for the Ranch.) b) Refund and Termination of Prior Year's Transfer Payments - In the event of a breach, the total amount of funds transferred to the city pursuant to the Property Tax Exchange Agreement shall be repaid to the County. The repayment shall be made within 90 days and shall include interest computed at the prime rate from the date of each transfer payment. There will also be no further transfer payment made by the county under the Property Tax Agreement in the event of a breach. c) City Responsibility for the Closure Costs for Closing otay Landfill and its Relocation - In the event of reannexation of the landfill and a breach which has the effect of making continued operation of the otay Landfill infeasible or impractical, the County has the right to close or relocate it. In that event, all of the County's costs associated with such closure and relocation shall be paid by Chula vista. This includes various design, monitoring, inspection, environmental and legal costs associated with closure. Relocation costs may include land acquisition, engineering, administration and development of a substitute facility. 11. The business license tax for Aptec, which is calculated at 10% of their gross receipts, would be lost due to detachment of the landfill. Should the County institute a business license tax, or otherwise collect the fee and the facility remain in operation as a for profit venture, the city and County would prepare to split the revenue 50/50. 12. The County shall have the right, with 120 days notice and consultation with the city, to cease use of the landfill and convert the property to other uses. The uses would have to be consistent with those for a closed landfill. 13. All provisions of this Agreement will terminate on closure of the otay Landfill Property except the reuse provision above. The life of the landfill could be another 20-25 years with expansion into new areas, new liners and increase of the height of the fill areas. 4 1'8-~ c. Discussion Attachment A is a chart outlining 19 issues and the respective City staff and County staff positions. Agreement has been reached on 16 of the issues and discussion is ongoing on the balance (i.e., #2, #6 and #14). At an early point in the negotiations, the draft business points outlined County and City duties and stated if the City did anything on a wide variety of fronts to jeopardize the landfill operation, then the City was subject to all penalties including closure/post closure and relocation costs for the otay Landfill. The approach of city staff, then, has been twofold. First, we have tried to find ways to completely mitigate the County's concern and fears so that no penalty is required whatsoever. Second, we have tried to sidestep the most serious penalty, that is the landfill closure issue, to make it as remote and unlikely as possible. Thus, when the County wanted to subject us to penalties for trying to exercise land use control over the landfill, our mitigation response was to detach the landfill. In response to penalties for instituting tolls or host fees, the City has suggested that we agree in those cases to turn any money collected directly to the County. The above then became non-issues. On a couple of other issues, the City is willing to provide the protections desired by the County but has attempted to have any remedies for breach apply only to monies collected or referenced by the Master Property Tax Agreement. As an example, the city has agreed not to apply any special weight restrictions on the primary access streets to the landfill so as to preclude trash trucks from using the landfill. Likewise, we agree to maintain the access streets in a reasonable driving condition similar to other streets of a comparable age and design elsewhere in the city. A further example of city-county agreement is on the establishment of a "buffer" zone around the landfill where the City would agree not to amend its General Plan to allow residential habitation uses. conversely, the city will process a General Plan Amendment for areas within the buffer area not yet developed, which are presently shown as residential use, i.e., areas within Village 2 of otay Ranch. The buffer zone is described as an area 1,000 feet from the exterior boundary of the landfill property. The actual definition of uses compatible within the buffer area is still being worked on by staff. Should the City breach these provisions, then the future property tax allocation would change from a 50/50 split to a 59/41 split in the County's favor. Also, prior year transfer payments made by the County to the City would need to be refunded. As stated previously, any allegation of breach would require adequate notice to the City and an ability on the city's part to cure before any penalties take effect. 5 I~B -5 Under the city's scenario, the most onerous penalty, that of closing the landfill and paying for its relocation, would only occur in the event that the landfill is detached from Chula Vista, for some reason reannexed in the future, and then the City takes some action which impairs the operation of the landfill, causing its closure per the breach language of the agreement. How this obligation is calculated and what is available as a credit against the cost and how much the County contributes is still being negotiated. Conclusion The City realizes a significant benefit from the agreement as far as realizing our proposed Sphere of Influence for otay Ranch annexation of the Ranch (western parcel) a more favorable tax sharing agreement than the Master Property Tax Agreement, and a financial contribution by the County toward the otay Valley Road Assessment District Project. The county realizes a significant property tax benefit, control over the entire landfill property as a result of detachment, protection against tolls and fees, guaranteed landfill access, and General Plan protection and the creation of a 1,000 foot buffer around the landfill. The downside to the City are the risks and penalties if we do not live up to the terms of the agreement. The penalties have been significantly mitigated or reduced but not eliminated. For the most part, the penalties involve reversionary provisions concerning property tax revenue and transfers as a result of annexation of otay Ranch. The prospect of having responsibility for closing and relocating otay.Landfill is a very onerous penalty. As written, though, it would require the City to have somehow reannexed the landfill. FISCAL IMPACT Estimating the overall fiscal impact of the agreement is difficult to do because of the complexity of the FIND Model, the many variables, and the unknown as to what point in time the Agreement might be breached. However, if the Agreement were breached in or before FY 97-98, the property tax exchange effect would be up to $37.6 million in current dollars over 30 years and an ongoing loss of $1.1 million per year thereafter. If the agreement were breached in FY 2026-27, the property tax effect would be $16.6 million in current dollars plus interest at the prime rate for 10- 30 years plus an ongoing loss of $1.1 million per year thereafter. The costs to close otay Landfill could be $30 million. It is known whether or not the landfill could be relocated, or where the County has estimated the replacement costs could be million. not but $60 c: landfill 6 lit, fJ - , ATTACHMENT A LANDFILL AGREEMENT ISSUES 4/11/96 Issue County position City position 1. Completion of Agree Agree detachment as a condition of annexation 2. Completion of Subject to Willing to process but General Plan additional will likely take longer redesignation of negotiations on than annexation the buffer as a 4/12/96. processing. If GPA fails, condition of willing to be subject to annexation Poison pills A and B, if given ample notice and opportunity to cure. Also, willing to make Poison pill A retroactive as a tradeoff for not being subject to C. 3. city subject Agree Agree to Poison pill C if landfill detached and reannexed 4. Aptec business Agree If Aptec remains open and license upon if it is run by a for detachment profit entity and if the County institutes a business license tax, then the City and County shall split the tax 50/50. 5. Covenants on Agree. County Agree landfill operation warrants no plans to expand the landfill on the city side of landfill beyond that currently permitted. Landfill uses are to be those authorized by the permits issued by State and Federal agencies for a Class III landfill. J'~-7 Issue County position city position 6. Uses allowed subject to Uses other than for in the buffer zone additional residential habitation negotiations on allowed. No finding of 4/12/96. inconsistency shall be made. 7. Conditions to See #14. See #14. effectiveness of liquidated damages 8. Process for Agree County decision is subject determining breach to jUdicial review after with Poison pill notice and reasonable opportunity to cure. 9. Indemnity for Agree County agrees to indemnify detachment city against litigation litigation only challenging solely the adequacy of environmental review of the detachment proposal. 10. County to Agree Agree support sphere and not oppose annexation 11. Tolls, host Agree Agree to pass $ on to fees county. 12. Landfill, Agree Agree access streets, weight restrictions 13. Burn ash Agree Agree hauling non- interference 14. Landfill Subject to City should receive credit closure costs additional for Poison pill A & B, for formula negotiation on amounts County has charged 4/12/96. for closure fees, and for remaining useful life. 15. Rights to Agree city wishes to preserve review and comment their review rights to the on expansion same extent it exercises proposals and it on the County side of environmental the landfill currently and review therewith so state in the document. 16. Post Closure Agree Agree Uses 17. Completion of Agree Agree otay Valley Road )/, g-<i' Issue county position City Position 18. contribution Agree Agree by County to assessment district costs 19. Landfill Agree Agree Agreement is contingent on minimum SOl approval of Village 3 and Planning Area 18B and mutual approval of the Property Tax Agreement GK:mab j imlandfl /'8-1 RESOLUTION NO. J c;{',)./,.J.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN CONCEPT THE BUSINESS POINTS IN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA REGARDING OTAY RANCH SPHERE OF INFLUENCE AND OPERATION OF OTAY LANDFILL WHEREAS, as a component of the pending actions on the proposed Sphere of Influence for otay Ranch and subsequent property tax agreement and annexation of the western parcel, the County wishes to ensure that the City will not interfere with the ongoing operation or expansion of the Otay Landfill; and WHEREAS, the County does not wish the current litigation and potential early closing of San Marcos Landfill to be repeated in the South Bay as a result of the actions of the City and this agreement addresses that protection. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve in concept the Business Poinaof an Agreement between the County of San Diego and the City of Chula vista regarding Otay Ranch Sphere of Influence and Operation of Otay Landfill. Presented by JI- ~ 0 fO"]J Bruce M. , City Attorney John D. Goss, City Manager C:\rs\landfill.agr /1, (J -/t) c. ~17 MEMORANDUM April 16, 1996 FROM: Honorable Mayor and City Council / Q^ John D. Goss, City ManagerJ~ b~~ Chris Salomone, Community Development DirectorC-S, TO: VIA: SUBJECT: Bonita Hotel Exclusive Negotiating Agreement This is to inform you that staff and the Citrons are recommending that the Council consideration of the Exclusive Negotiating Agreement (ENA) that is on tonight's meeting agenda be continued to the meeting of April 23. The staff report and the draft ENA could not be finalized for delivery to the Council due to unresolved issues regarding specific technical language in the EN A, and not due to any fundamental disagreement regarding the critical "deal points. " The language in question is very close to being resolved, and staff is confident that the item will be available for Council consideration on the 23rd. It is not felt that the one week delay will have any significant impact on the proposed project. rJ/ / /- / Apr-15-96 07:49P Josef & Lenore C;tron 619 223-3313 P_O~ ". "~"'J' ,ti.....<'}iI;r".'"~ :..,':<V. .', ... ., "'~l"" -, -'. '."'.--"... -/, ..' " .",' .. '. ' .,<< 'II" ',<.;, /~,:, ,;,'.;:~~iJ>\:J'~_, ',-,;,,;/~} ;.:L,:.:;<> ;~/. -" ,';,,' 'F ,. . 'JmlIeC6Yw~ ,<,.~.:.. .,.,.....'.. To: Company: Phone: Fax: From: Company: Phone: Fax: Date: Pages Inel. This page: Hon. Shirley Horton Mayor, Chula Vista 691-5044 476-5379 Josef A. Citron Joelen Enterprises (619) 222-9966 (619) 223-3313 04/15/96 8:46:28 PM 1 $?7 /7 ~~ APR , 6 1996 COUI,CllOFfICfS CIIUl A VISTA. CA SHIRLEY: We understand that' today has been very busy for you, so are taking this means to contact you. There are two matters that will be brought before you tomorrow night, Tuesday, in Council meeting, one in closed session, and we would like to mention a couple of things we feh that you would like to know beforehand. (You've since reached us from your car; thank you.) One is in regard to our golf resort hotel proposal. In our meeting at which you were kind enough to allow us to personally present our latest plans for the project, you expressed concern about the time line, and why we asked for up to 24 months to finalize financing arrangements. After our meeting, we spent considerable time revisiting that issue and the fact that we now have a letter of intent We hope it is understood that we will have to have practically all of the architectural, engineering, environmental and design work done on the project, -guest rooms, public rooms, meeting rooms, ballrooms, restaurants, kitchens, health club, pool & Jacuzzi, staff offices, housekeeping, laundry, back-of-the-house, -as well as the, purchasing, management, construction, employment, booking, operations and other contracts agreed upon. before a binding agreement can be reached with the lender. Doing all of that in one year will be very quick. The construction part is the easiest and fastest part for us to do. We've already spent many months working on the financing, and have gotten much stronger interest from funding sources than originally, so we have proposed to reduce the time by v., to 12 months. We have corresponded that to the CVRDA in writing last week and had hopes that you would already have been furnished copies of our lender's letters. On the closed session item. we now have $337,063 cash invested in the 'B~ processing thus far and have to put another $300,000 in the escrow, just to close the land to build the first 6- unit building. That's over $100,000 pre-construction costs per unit, not counting: $600,000+ City fees to be paid.' .That's why we need Council acceptance of the Redevelopment Agency Director's suggestion. NYPRO and MCA are both recent examples of this being done. W,oppreciU'~~~='::~ / '/-c:( Thanks for your interest COUNCIL AGENDA STATEMENT Item /8" Meeting Date 4/16/96 ITEM TITLE: Resolution nifl Approving Amendment to Agreement between the County of San Diego, Southwestern Community College District, and the City of Chula Vista for the construction, maintenance, and operation ofthe Southwestern College Bus Stop Improvement Project SUBMITTED BY: Director of Public Works ~ REVIEWED BY: , ("'- City Manager 0 1(" {<' (4/5ths Vote: YesLNo_) This item was continued from the meeting of April 9, 1996 in order to have staff discuss the history of the project with newer Councilmembers. Staff has also discussed with College staff wording in the Agreement that may alleviate concerns that the Council has with the License provisions. The Southwestern Community College District Board of Directors approved the Agreement as submitted at their meeting of April 10, 1996. RECOMMENDATION: That Council approve the resolution and authorize the Mayor to sign the Agreement subject to a revision satisfactory to the College Board and City Council of Section II c. (Relating to license to operate). BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Council continued this item on April 9, 1996 to allow time for staff to meet with the three newer Councilmembers who were not familiar with the project in order give a briefing on the history and major past issues. As of this writing (April!! ,1996), staffhas met with two councilmembers (Moot and Alvey) and is scheduled to meet with the third Councilmember (Padilla) later on April!l, 1996. One serious concern discussed was the license to serve issue. As the agreement currently reads, the College could revoke the license at any time without our input or agreement. The City could live with this provision when the agreement was first approved in October 1995, because the City was not contributing any funds to the project. If the College revoked the license, we would not be hurt financially and would return to the street for service. However, now with the possibility that the City may have to contribute up to $450,000, we need assurance that after an expenditure of that size, we would not be in a position that the College could unilaterally revoke the license at any time. College staff has agreed to relook at this issue. Since the agreement would have to return to the College Board in May and since it is desired to keep the construction on schedule for this summer, staff recommends that the Council approve the agreement subject to a satisfactory resolution of item IIc in the agreement. With that item the only issue, it is believed that the County would advertise for bids and keep the project on schedule. The final approval for section II c would come back to Council prior to the County awarding the construction contract. /3'--'() Page 2, Item / K Meeting Date 4/16/96 Collel!e Contribution Concern was expressed at the April 9, Council meeting that the report did not indicate that the College was contributing their "fair share." The College is providing the land necessary for the facility. It encompasses 1.5 acres that would cost the City over $600,000 if we were to locate the facility off campus. The College has also agreed to pay for the utilities for electricity and water and do routine maintenance of the facility. In staffs' opinion, this indicates a major contribution by the College. Attachments NOT SCANNED Attached to this item is a packet with background material of past council actions and a brief chronological history of the project as well as last weeks Agenda statement. M:\HOME\ENGJNEER\AGENDA \SWCSUPP.JPL 18",(),tJ RESOLUTION NO. I r,J..S/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEMENT PROJECT WHEREAS, at its meeting on October 3, 1995, Council approved a resolution approving an agreement among the County of San Diego, Southwestern College and the City of Chula vista for construction, maintenance, and operation of the Southwestern College Bus stop Improvement Project; and WHEREAS, in FY 1990-91, programmed $900,000 for this project, been spent on planning and design $630,000 for implementation; and the County of San Diego and over $270,000 to date has work, leaving an estimated WHEREAS, final design of the transit facility has been completed; the total project cost, including contingencies, is estimated at $1,350,000, leaving a potential shortfall of $450,000; and WHEREAS, the actual project cost will be known after the receipt of bids for the construction contract; and WHEREAS, both Southwestern College and the County have indicated that they have no additional funds to contribute to this project; therefore, the County has requested that the city of Chula vista authorize expenditure of a maximum of $450,000 in its TDA Article 4.0 funds to supplement the estimated project shortfall. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve Amendment to Agreement between the County of San Diego, Southwestern community college District, and the City of Chula Vista for the construction, maintenance, and operation of the Southwestern College Bus stop Improvement Project, a copy of which is on file in the Office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Amendment on behalf of the city of Chula Vi a. . OV]"( t Bruce M. Attorney Presented by John P. Lippitt, Director of Public Works C:\rl\awc...nd.1.t ~J~-f I'XRST :AMENDMENT TO AGREEMENT BBTWEEN THB COUNTY 01' SAN DXBGO, SOuun".STBRN COMMUlfXTY COLLBGB DISTRICT AND THE CITY OF CRULl. VISTA I'OR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEKBNT PROJBCT This First Amendment to the Agreement for the Construction, Maintenance and Operation of the Southwestern College Bus stop Improvement Project is hereby made and entered into this day of , 1996, by and between the COUNTY OF SAN DIEGO, a political subdivision of the State of California, 1600 Pacific Highway, San Diego, California 92101, hereinafter referred to as "County"; the SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a community college district of the State of California, 900 Otay Lakes Road, Chula Vista, California 91910, hereinafter referred to as "College", and CITY OF CHULA VISTA, a municipal corporation of the State of California, 276 Fourth Avenue, Chula Vista, California 91910 hereinafter referred to as "City". WITNESSETH WHEREAS, the above parties entered into an Agreement (County Contract No. C35415-A) for construction of the Southwestern College Bus stop Improvement project on November 7, 1995; and WHEREAS, the above parties now desire to amend the Agreement to specify additional funding responsibilities; NOW THEREFORE, it is mutually agreed that county Contract No. C35415-A is hereby amended as follows: J'l4-.I"f '\/ '::f ~_/ /c_ / - 19 ... 'A.. 1. "SECTION III CITY AGREES SUBSECTION D" IS HEREBY ADDED TO READ AS FOLLOWS: D. To contribute an amount not to exceed $450,000 of Transportation Development Act Article 4.0 funds to the extent necessary for development and construction of the Project. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into the month, day and year above-written. SOUTHWESTERN COMMUNITY COLLEGE DISTRICT COUNTY OF SAN DIEGO By By Clerk, Board of Supervisors Joseph M. Conte Superintendent/President CITY OF CHULA VISTA APPROVED TO FORM AND LEGALITY BY COUNTY COUNSEL By By Deputy AP~D ATTO By 2 n~ J sr ~ -, (, ( l'if" :3 .) ,) .~ I .'~1~1~ \ "1- ./ ~~~, \\\\\\\T T T W I I ~ ~ ' ....."\ w ... '" " "\ S u . ,l tllll- l "'"" ! . , J i w , I I ~ ~ . " U ., ': . c-. . I".; " e.:'" . .~. i . . ! " ~~ ~ uet. .~JS ~~.rO~A ~u.m.^o~dmI do~S eng .I.tto~ ~.~..^q~nos t ~U8mq~.~~y, _~ J ,Y ! >I., n I; - ] \ I \ ::: . . ~ "- . " ~ '.. '=:t: t':'. . ) " -' fJ1IJJJJJ.TJJJ::J:JJ11fl IU:Tlmn'ft:'.1m\~\a r- I I I I I I :1 I- Ll j.; ( ''"'-- /=.-> L J J I ~i Q. CII ~ >- CD ~ f6;1 4D ~ CD == 0> U E ~ 0001' c@ G!) . J::. ~ ~ o U>> t l' I! -..1 il AGREEMENT BETWEEN THE COmrry OF SAN DIEGO, SOUTAwlOSTBRN COMMtlHITY -) COLLEGE DISTRICT AND THE CITY OF CHULA VISTA FOR THE " CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTAwlOSTBRN COLLEGE BUS STOP IMPROVEMENT PROJECT TftIS AGREEMENT is hereby made and entered into this day of , 1995, by and between the COUNTY OF SAN DIEGO, a political subdivision of the state of California, 1600 Pacific Highway, San Diego, California 92101, hereinafter referred to as "county"; the SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a community college district of the State of California, 900 Otay Lakes Road, Chula Vista, California 91910, hereinafter referred to as "College", and CITY OF CHULA VISTA, a municipal corporation of the State of California, 276 Fourth Avenue, Chula Vista, california 91910 hereinafter referred to as "City". WITNESSETH :) WHEREAS, under Section 99400.5 of the California Public Utilities Code, the County has the authority to finance the construction of multimodal transportation terminals anywhere in the County; and WHEREAS, the County, at the request of the College and City, has completed a feasibility and site location study for a transit facility at Southwestern College; and WHEREAS, the study concluded that the Southwestern College Bus Stop Improvement Project, hereinafter :r:eferred to as the "Project", is necessary and feasible, and the project should be constructed; and WHEREAS, the Project will benefit the College by providing ~ more convenient and accessible public transportation for students I' ~ J,:; / 1 1~'5' and College employees; and WHEREAS, the Project will benefit the City by facilitating . Chula yista Transit operations; and WHEREAS, the study and its recommendations have been reviewed and accepted by the College, the City and the County; and WHEREAS, the County desires to reach agreement with the College and the City in carrying out the responsibilities of all parties for the financing, construction, maintenance and operation of the Southwestern College Bus stop Improvement Project; and WHEREAS, the Southwestern College Bus stop Improvement Project is included for design and construction in the County's Capital Outlay Fund and the FY 1995-FY 2001 Short Range Transit Plan; and NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: I. COUNTY AGREES: A. County shall contribute Transportation Development Act (TDA) funds in an amount not to exceed $900,000 for development and construction of the Project. The College shall in no way be responsible for any capital costs in conjuction with the project. B. County shall act as lead agency for construction and shall use its best efforts to construct or have constructed a Bus stop Improvement at the site depicted in Attachment 1, "Southwestern College Bus Stop Improvement Project Site Plan". C. County shall be respon!>ible for all preliminary 2 yt5 1\ -T ,J ;' ~/'i'-~ , engineering, design, preparation of environmental -~ aocuments ana construction management, including . . construction engineering, inspection, and final acceptance all of which shall be subject to final approval by the City and the College. The necessary work shall be performea in accordance with the City of Chula Vista, College and County standards. The design shall be subject to the approval of the College Board of Trustees and the D. Chula Vista City Council. The design shall include landscaping of the site and a six-bus bay facility with shelters, benches and information aisplays. The County shall be responsible for costs directly resulting from any changes to utilities required for the installation of the Project. ~ E. County agrees to submit design plans to the Department of the State Architect for approval. II. COLLEGE AGREES: A. Following acceptance of construction by the County and final approval by the City and College, utilities (electrical and water) for the Project operation will be paid for by the College for the auration of bus stop operation. Water for the bus - stop operation will be connectea to the College water. B. Following acceptance of construction by the County . 3 J-3'~1 G i,y ~ /;; 1~-7 and final approval by the City and the College, College will be responsible for daily routine - maintenance and cleaning of the Project, which shall include but not be limited to trash pickup, landscape maintenance (including tree trimming), removal of stains/spills from pavement or structure surfaces and graffiti removal. C. The College hereby grants the City a license for access to the site for bus operations, major maintenance and repair of Project structures as long as it is mutually agreeable to both parties. III. CITY AGREES: A. Upon execution of this Agreement, the City shall be responsible for the major maintenance ~d repair of the Project, including damage to the structures. B. The City shall maintain insurance or self-insured responsibility for negligent major maintenance and operation of the completed facility, which names the College and County as additional insureds. C. The College, its agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries or deaths of them, or to any of them, caused by or resulting from negligent major maintenance, repair and 4 J3<::I( . -- I " / ,~, I / / J fi- i' .' operation of the completed facility by the City,.') its agents, employees or representative; the City . .' further agrees to defend and indemnify and save free and hold harmless the College and its authorized agents, officers, and employees against any and all foregoing liabilities and any costs and expenses, including reasonable attorneys fees, incurred by the College on account of any claim therefore, including claims involving the major maintenance, repair and operation of the Project; and in the event that a Court of Competent Jurisdiction should determine that the City has no authority to provide by agreement the performance of the services set forth above, the city a nevertheless agrees to assume the forgoing obligations and liabilities by which assumption it is intended by all parties that the City agrees to indemnify and hold the College harmless from all claims arising by reason of the work done by, or any act or omiss ion of, the City, its agents, employees or representatives, in connection with or in performance of the agreed upon services of work provided for in this Agreement. IV. IT IS MUTUALLY AGREED: A. The County shall furnish to the College and the City, within three months of the execution of this . 5 ~ I~ / () /b/-}~-Y' J ., Agreement, percent conceptual design, 30 .' preliminary plans and specifications for the college and City review and comment. The College and the City will have thirty days to respond with their comments. The County shall furnish to the College and the City, within seven months of execution of this Agreement, 70 percent conceptual design, preliminary plans and specifications for the College and City review and comment. The College and City will have thirty days to respond with their comments. The final working drawings and specifications for the Project shall be submitted to the College and the City for their approval within ten months of the execution this Agreement. The County shall, in good faith, respond to all College and City comments. B. The College, the City and the County anticipate that this Agreement may, from time to time, be modified. All such modifications, including any change in the responsibilities of the parties, shall be incorporated in wri ting into this Agreement by appropriate amendment(s). C. The Superintendent/President of the college shall . be the contract administrator representing the College in all matters pertaining to this Agreement. The Director of Public Works of the 6 J3~;:r1-,{V- /! ) ~ ~IO " " County shall be contract administrator for the County in all matters pertaining to this Agreement. The Director of Public Works of the City of Chula Vista shall be the contract administrator representing the City in all matters pertaining to this Agreement. All are hereby authorized to make administrative decisions to carry out the full intent of this Agreement. D. This Agreement shall terminate as to the County upon City and College final approval of construction on the Project. This Agreement shall terminate between College and City upon mutual .:) E. agreement of both parties, or termination of use by the facility as a bus stop, which ever first occurs. The County, its agents, officers and employees . shall not be held liable for' any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of them or any of them, caused by or resulting from any acts omissions of the College or the city, their agents, employees or representatives; the College and the City separately and not jointly further agree to defend and indemnify and save free and harmless the County and its authorized agents, . 7 .~ '//6 .~"""(/ I~~)I . F. officers and employees against any of the foregoing liabilities and any cost and expense incurred by - the County on account of any claim therefore, including improvement services, or any other work or services done or provided to the County by the College or the City pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that the College or the City has no authority to provide by agreement the performance of the hereinabove set forth services, the College or the City separately, not jointly, nevertheless agree to assume the foregoing obligations and liabilities by which assumption it is intended by all parties that the Callege or the Ci ty agree to indemnify and to hold the County harmless from all claims arising by reason of the work done by, or any act or omission of, the College or the City respectively or its agents, employees or representatives, in connection with or in performance of the agreed upon services of work provide for in this Agreement. It is agreed that the liability hereunder of the College or the City shall not be joint and several, but shall be separate unto each agent for its own actions and the actions of its agents and employees only. The College or the City, their agents, officers and B ,~ (If,:J '/ J~~ II.. ~-<.;;><\ employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any' goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of them, or any of them, caused by or resulting from any acts or omissions of the County, its agents, employees or representatives; the County further agrees to defend and indemnify and save free and harmless the College and the City and their authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorneys fees, incurred by the College or the city on account of any claim therefore, including claims by reason of alleged defects in engineering services, or any other work or services done or provided to the College or the city by the County pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that the County has no authority to provide by agreement the performance of the hereinabove set forth services, the County nevertheless agrees to assume the foregoing obligations and liabilities by which assumption it is intended by all parties that the County agrees to indemnify and to hold the College or the City harmless from all claims arising by 9 ~ Jir-cI~ 1~-/3 ") ~. . reason of the work done by, or any act or omission of, its the County, employees agents, or . . representatives, connection or in in with performance of the agreed upon services of work provided for in this Agreement. G. Contractor, subcontractors Contractor's and suppliers, if any, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at Section 84) of the San Diego County Administrative Code, which Program is incorporated herein by reference, unless specifically exempted in accordance with the Articles' rules and regulations. H. Contractor will comply with the provisions of Title VII of the civil Rights Act of 1964 (42 USC 2000, et seq., as amended by the Equal Employment Opportunity Act of 1972), the Age Discrimination in Employment Act of 1976, the California Fair Employment & Housing Act, and Board of Supervisor's Policy C-17, in that it will not discriminate against any individual with respect to his or her compensations, terms, conditions, or privileges of employment; or discriminate in any way which would deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, 10 \3--~ Tk /,~3 N--If /- . J. I. color, national origin, ) religion, sex, age, handicap, medical condition or marital status. Contractor shall ensure that services and benefits are provided without regard to race, sex, age or national origin in accordance with Title VI of the Civil Rights Act of 1964 (as amended). Contractor shall comply with section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), pertaining to the prohibition of discrimination in employment or provision of services against qualified handicapped persons under any program or activity which receives or benefits from Federal financial assistance. Any notice required or permitted -under this ) Agreement may be personally served on the other parties, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: Director, Department of Public Works County of San Diego 5555 Overland Avenue, Building 2 (MS 0333) San Diego, CA 92123 County: College: Superintendent/President Southwestern Community College District 900 Otay Lakes Road Chula vista, CA 91910 Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 City: . 11 ~ ~ ';l-~"L/I5r'~6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into the month, day and year above-written. . " SOUTHWESTERN COMMUNITY COLLEGE DISTRICT COUNTY OF SAN DIEGO By By Joseph M. Conte Superintendent/President Clerk, Board of Supervisors CITY OF CHULA VISTA APPROVED TO FORM AND LEGALITY BY COUNTY COUNSEL By By Depl.<ty APPROVED TO FORM BY CITY ATTORNEY By 12 ~ ~,;.~ )j " - I~ -/~ ~ COUNCIL AGENDA STATEMENT ITEM TITLE: Ir; Item--.!/J / /. Meeting Date ~L9196 '1//4-/7" Resolution Il'd/APprOving Amendment to Agreement be':~en the County of San Diego, Southwestern Community College District, and the City of Chula Vista for the construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project REVIEWED BY: Director of Public Work~c<? f- f- J../JL City Manager~ ~ ~\ (4/5ths Vote: Yes.x...No_) SUBMITTED BY: At its meeting on October 3, 1995, Council approved a resolution approving an agreement among the County of San Diego, Southwestern College and the City of Chula Vista for construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project (copy of the agenda statement and agreement are attached as Exhibit A). In FY 1990-91, the County of San Diego programmed $900,000 for this project, and over $270,000 to date has been spent on planning and design work, leaving an estimated $630,000 for implementation. Final design of the transit facility has been completed; the total project cost, including contingencies, is estimated at $1,350,000, leaving a potential shortfall of $450,000 (this estimate is presented in Exhibit B). The actual project cost will be known after the receipt of bids for the construction contract. Both Southwestern College and the County have indicated that they have no additional funds to contribute to this project; therefore, the County has requested that the City ofChula Vista authorize expenditure of a maximum of $450,000 in its TDA Article 4.0 funds to supplement the estimated project shortfall. RECOMMENDATION: That Council approve the resolution amending the agreement and authorize the County of San Diego to claim a maximum of $450,000 of City of Chula Vista Transportation Development Act (TDA) Article 4.0 funds if needed to supplement the $900,000 in County funds for the Southwestern College Bus Stop Improvement Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As indicated on the first page of Exhibit B, the construction contract for the project is estimated at $593,375. Additional project costs include: soundproofing windows in existing College buildings facing the bus stop project ($25,000); project inspection and administration ($118,675); plan preparation and final design ($110,611); and contingencies ($122,832). For Council's information, in January 1996, the County completed a transit facility at Grossmont College which is similar to the one planned for Southwestern College. The total Grossmont College facility cost was $1,166,379 and the construction contract was $685,000. fl--r /~- / Page 2, Item I' Meeting Date 4/9/96 ) County staff has indicated that this estimate of$I,350,000 for the project is conservative, and that the project cost should be less than this estimate. However, it is the County's policy to secure funding for projects before advertising for bids for construction. The County has indicated it has no additional funds to supplement the $900,000 committed to this project in FY 1990-91. Southwestern College is donating the land for the bus facility and has also agreed to pay for utilities and daily routine maintenance after project completion. The College has indicated it does not have funds to contribute to project construction. Therefore, it appears the only additional funding source for this project is the City ofChula Vista's TDA Article 4.0 funds. For Council's infonnation, the original project site location on Otay Lakes Road had an estimated total cost in 1992 of $1,150,000, which would have required the City contributing up to $250,000 in its TDA Article 4.0 funds to supplement the $900,000 from the County. Since this original proposed location was not implemented, additional costs were incurred between 1992 and 1995 due to evaluation of alternative sites, and development of a plan and detailed drawings for the new location. In addition, on Page 2 of the attached agenda statement (Exhibit A), staff pointed out to Council that in the agreement, which Council approved on October 3, 1995 (Section IIC), the College grants the City a license for access to the transit facility as long as it is mutually agreeable to both parties. Although the City Attorney would have preferred language that grants the City an irrevocable ,) license, the College declined this change. However, since the College requested the transit facility . in this location, it is unlikely that a situation would arise in which the College would deny the City or CVT access to the site. In summary, it is staffs opinion that the Southwestern College Bus Stop Improvement Project is important for current and future CVT operations. The facility will improve service to Southwestern College, and also will provide a transfer point for future CVT service to the eastern Chula Vista area. A representatives from the County is present at tonight's meeting to answer any questions Council may have on this project. FISCAL IMP ACT: The total estimated cost of the Southwestern College Bus Stop Improvement Project is $1,350,000, which includes the construction contract, soundproofing of windows in Southwestern College buildings, project inspection and administration, planning and design, and project contingencies. The County of San Diego has programmed $900,000 for this project leaving an estimated shortfall of $450,000. The contribution of up to $450,000 ofChula Vista IDA Article 4.0 funds to the Southwestern College Bus Stop Improvement Project will leave a sufficient IDA balance through FY 1996-97 for other Cityof Chula Vista Transit Division capital and operations projects. The City of Chula Vista's current TDA Article 4.0 fund balance is approximately $4.8 million. Based on the preliminary budget for next fiscal year which staff has prepared, the TDA balance through FY 1996-97 is estimated at $1.2 million (the preliminary Transit Division Budget includes .~ a-.~ J S5 /' J.- ,/ Page 3, Item 13 Meeting Date 4/9/96 a capital program of $4.2 million, which consists of $2 million as part of the $6 million hydrogen fuel cell bus program and an additional $2.2 million to replace nine of the older CVT buses in the fleet). Therefore, should the total amount of $450,000 be required for the Southwestern College Bus Stop Improvement Project, the City of Chula Vista's TDA balance next fiscal year would be approximately $771,000 ($1,221,130 - $450,000). For Council's information, the Metropolitan Transit Development Board will request next fiscal year additional TDA funds from each jurisdiction in its area to support regional transit services. The estimated Regional Transit Service Fund assessment for the City of Chula Vista next fiscal year is $319,978, an increase of 82% over the current assessment of $175,844. (The current regional assessment has been in effect since 1985 and does not include San Diego Trolley service. As stipulated in State Legislation, Council must approve any change to the current regional assessment.) Staff estimates that the City of Chula Vista TDA fund balance for next fiscal year would be approximately $627,000 assuminil that all anticipated Droiects and expenditures are irnplemented includin~: the FY 1996-97 Transit Division Budget which includes a $4.2 million capital program; approval and expenditure of $450,000 for the Southwestern College Bus Stop Improvement Project; and a Regional Transit Service Fund assessment of$319,978. WMG:sb File No: DS-022/OS-037 M: \HOME,ENGfNEER\AGENDA \SWCFUNDS.WMG Exhibit A - Agenda Statement dated 10/3/95 .P~:?/) ., -~ EKH;8IT II COUNCIL AGENDA STATEMENT Item '0 Meeting Date 1013195 ITEM TI'iLE: Resolution '~OS" Approving Agreement Among the County of San Diego, Southwestern Community College District and City of Chula Vista for Construction, MaintenaDC~ and Operation of the Southwestern College Bus Stop Improvement Project SUBMJI uD BY: Director of Public wor~ REVIEWED BY: City Manager ("/5tbs Vote: Ya_NoA.) At its meeting on February 20, 1990, Council approved an agreement among the County of San Diego, Southwestern College and City of Chula Vista for a Southwestern College Transit Center Feasibility Study. This study determined that a transit center at Southwestern College would be both feasible and warranted to provide more convenience and accessible public transportation service to the College and to eastern Chula Vista. The study recommended a facility adjacent to Otay Lakes Road on the College campus between the Gotham and Elmhurst Streets entrances to the campus. The Southwestern College Board of Directors approved this site in Spring 1992. On May 5, 1992 this site was considered and rejected by Council due to opposition from area residents and impacts on the landscaping in front of the College. t Since May 1992 the College, City and County have been working together to fmd an alternate mutually agreeable site. The staffs of the three parties have agreed to expand the existing bus stop area on the College campus that Chula Vista Transit (CVT) has been using for many years. This location and conceptual expansion is shown in Attachment 1 to the proposed agreement. In addition, as indicated in the attached letter (Exhibit 1) from Southwestern College President, Joseph Conte to Mayor Horton, the College Board approved the conceptual site plan for the project at its meeting on August 9, 1995. Since this proposal essentially is an expansion and enhancement of the existing bus stop area, all three parties have suggested that this project be referred hereafter to as the Southwestern College Bus Stop Improvement Project. The estimated cost of the project is $500,000, including contingencies. The total design and construction cost of this project would be paid for by County of San Diego Transportation Development Act (TDA) funds. RECOMMENDATION: That Council approve agreement among County of San Diego, Southwestern Community College District and City of Chula Vtsta for the construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. ~ /N~9 Pale 1, Item~ Meetiol Date 1013195 ) DISCUSSION: The bus stop improvement project at Southwestern College would serve two main p,urposes: improve current and future CVT service to the College; and function as a tranSfer Point for CVT routes operating in the area east of Southwestern College. The proposed project expands the current bus loading area that accommodates 3 buses to an area for 6 buses. Also included are landscaping, passenger amenities (such as shelters and benches), and accessibility improvements consistent with the Americans with Disabilities Act (ADA). , The agreement authorizes the County to proceed with (mal design and construction of the project and defIDes maintenance and operation responsibilities between the College and the City once the project is completed. Because of anticipated disruption to traffic circulation on umpus during project construction, the College has requested that construction take place during Summer 1996. In order to meet this schedule, it is necessary that this agreement be approved by all three parties in October 1995. If Council approves this agreement, the Southwestern College Board of Directors will consider the agreement at its meeting on Wednesday, October 11, 1995, and the Board of Supervisors will consider the agreement later in October. The major components of the agreement are: Countv will: ) contribute up to $900,000 in IDA funds for project development act as lead agency for design and construction. CoHelle will: be responsible for daily routine maintenance and cleaning of the site, including trash pickup, landscape maintenance and removal of stains, spills and graffiti from structure surfaces. pay for utilities (electriclwater) after project completion. City will: be responsible for major maintenance and repair of the facility, including damage to structures. In addition, under Section DC (page 4), the College grants the City a license for access to the site for bus operations, major maintenance and repair of project structures IS long IS it is mutually agreeable to both parties. City staff requested the College either grant an "irrevocable license" or a license for access to the site for a specific time period of ten years in order to ensure transit access to the facility and to assure an adequate time in which to amortise the County's investment. The College declined this change. ThetlCoun~, whit.hthwill be funding .'.: the project construction, will accept the agreement IS curren y wntten, WI out the change requested by the City. Although City staff would have preferred this additional languaCe regarding the license, it is not an essential component of the agreement. As also indicated in ~ /R/jt7 'age 3, Item~ Meeting Date 1013/95 I Section DC, this project is mutually beneficial both to the College and to Chula Vista Transit (CVT). Since the College requested the expansion of the current bus stop area for this project, it is unlikely that a situation would arise in which the College would deny the City or CVT access to the site for transit service. In summary, the County will construct the project, the College will be responsible for on-going maintenance, and the City will be responsible for major maintenance and repair if needed. The project will be designed to provide improved bus service to the College and eastern Chula Vista with low on-going maintenance costs. The project will provide 6 bus bays, 3 shelters, approximately 16 benches, and landscaping. Shelters will be large covered structures without side panels to minimize frequent maintenance and to discourage graffiti. The physical concept and function are similar to the bus stop facilities at the WE" and WH" Street Trolley Stations. FISCAL IMPACT: 1) The total estimated cost of the Southwestern College Bus Stop Improvement Project is S500,OOO, which includes design and construction. The County of San Diego has programmed S900,000 for this project. Approximately S250,000 has been spent on this project since its inception; therefore, approximately S650,000 remains for implementation. . 2) Costs associated with major maintenance and repair at the completed facility will be funded by City of Chula Vista TDA Article 4.0 funds. It is difficult to estimate an annual cost for repairs, since repairs may be needed only infrequently. For example, during the ] 4 years that the "H" Street station has been in operation, the bus shelters at the Transit Center area have been repaired 4 times. Based on the projected TDA allocation projected for the City of Chula Vista during the next five years, there will be sufficient funds to pay for repair costs that might occur. File No. DS030/037 Exhibit I: Exhibit 2: Letter Dated August 15, 1995 from Joseph Conte to Mayor Horton Site Plan (W:'. ... _ . -.030....) .J-y~ /k~ / / <<~ Southwestern College EXJ-!,'r;.,'71 ill m 00 ~ 0 w m ~! ALX; II 1995 .l!J .~ COUNCil Off ICES em 'I AVISTA ca GOY"""'; loord Augie Boreno G. Gordon Browni'lg. 0.'-1.0 Jerry J. GrIIII.n Moria Neve.Perman Judy Schulenberg JOseph M. ConIe ~rln1endenl'Pre_nt August 15, 1995 The Honorable Shirley Horton, Mayor City of Chula Vista 276 Fourth Avenue Chula Vista, CA 9f012 Dear Mayorio on: ~ ..Lv.. t)'W'- '. In the evenJ ou have not yet been made aware, the Governing Board of Southwest' ern College, upon my recommendation, has approved the last jointly developed plan for an on-campus Transit Center. County. city. and college representatives appear to be in agreement with the proposed plan. I assume the City Council will follow a similar action to the College Board's. Sincerely, " ~ oseph M. Conte uperintendentlPresident JMC:RG . ~/S- ~/,2 900 OIoy Lakes ~ood. ChIAO Vista. CA 91910. (619) 421-6700 FAX (619)482-6.413. Southwestem Community CoOege District "r: J 1...1.:: ./ \ :~l:'::\;.l' \\\\\\\T T T 1\\\," :, ~:~ ~" ~ '\ l IIW; I l ~'/", ! I : .~"""!OIO 046..11......1-4 ~.' ~ iI .:: .... ~ . - .. .. " ~ :"-- ) 4 ~ 11 ] i~ UWld "HS .' -1 !_;:~::;::~: I 1\\aUlUUlUIOOUffie /! ~~"rO~d ~u..w..^o~dmI do~s eng ..1"110~ u~"~s"^4~nos . 1~ I,~ c:.-~ \ I , ( ... I.J I I.J L... ~ oJ ~ w . -' <t U VI L ~ ~ ~ -== -== @ o C b @) oC=' IIiiJ - .t::. oC=' :2J o U>> J J i r.! t :1:1 l. c. i! 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"'1\ - ~ 1"11 EX'ftj'fJ,'T B - . li I i ~ I "'s "~\"j : I ~. i . l..Bf: /,R '~) .,.06/96 14:28 :619 694 3562 L."d P4enmnp U"." 0NI9" L.ettCUC8,Oe .tt:I'lfec,.,... ~-'i>1 Land Planning " Statement of Opinion on Probable Construction Costs ProjKt: So~m College Bus Stop Improvement Facility Chula VISta, CIIllfomla Dete: March 4, 1896 Reference: Conwel Plans and Speclfi~. awe! 3-1-" for O.S.A. RevI_. ~LP No.: 111.02 The Opinion of Probable Construction Costs. as provided henein, are IRpared on the basis of Estrada L.lnd Planning's que6ncations Ind experience on _nt construction projects of SimIlar scope and scale. Estrada land Planning his no control over costs, nor the price of labor. equipment or m8WriaIs, market conditions. nor over thl Contr.lctDr's method of priCing. Estrada land Planning makes no _minty. exprelSld or implied. as to the accul'lC)l of such opinions. as compared to bid Dr actual construction costs. EeWda LInd Planning, Inc. $f~' Steve Estrada, ASLA, APA Prasidlnt SEldg SJ3'_ _"'" __c-..ont01 N -.o>q trU ." _" 1 1~ / ~ /~-l.?' IlJ002 .) . . ..1 06. 96 14: 29 ~619 694 3562 Ili003 tend """dip vre.~ Oft,,'" I."""","".. Aftl'trtt(IutW ~.~..J Land PI. . ., "'"........,. anmng .. Opinion of Probable Construction Costs Southwestern College Bus Stop Improvement Facility Chula Vista, California March 4. 1996 (based on ConlrClct Plans and Specifications, dated 3-1.96 for O.S.A. Review) Item Unit 01 Unit No. Article Meaure Quan. Cost Cost 1.0 MOBIUZATION LS 1 10.000 10.000. Sub Total 110,000. 2.0 TRAFFIC CONTROL LS 1 3,000. 3,000. Sub Total $3,000. 3.0 OEJIOLmON ANO SITE CLEARJNG 3.1 Site Demolibon. LS 1 25,000. 2~,OOO. 3.2 Remolle Existing wall. LS 1 4.000. 4,000. 33 RemOlle exIsting Wa1er Main. LS 1 5.000. 5.000. 34 Remove exIsting Sewer l.8teral. LS 1 1.000. 1,000. 3.5 Remove Exi5bng Storm Drain. LS 1 SOC. SOC. Sub Total 135,100. 4.0 SURFACE IMPROVEMENTS 4.1 Pedesllian (Curb) Ramp. EA 16 500. 8,000. 4.2 6" P.C.C. Curb. Type G-1. LF 440 10. 4,400. 4.3 6" P.C.C. Curb and GullBr. Type G-2. LF 645 13. 7,085. 4.4 g" P.C.C. Pavement, Bus Zones. SF 11,630 6. es,7eO. 4.5 6" Aggrwgate liese, Bus Zones. TN <140 20. 8.800. 4.6 6" P.C.C. Pav.ment, Peclel1rian Zones. SF 18.B80 .. 75,520. ..7 4" Aggregat8 Bale, PtdeItMn Zones. TN 480 20. 1,500. 4.8 Reinfon:ed Concrete Retaining Wall. SF 800 40. 32,000. 4.9 Concrete Planter Wall. LF 186 40. 7,440. U3F__:JOO 2 ... ~ """""- 02701 ff8231-01"" ou: SfJ 23645>8 ~-~~ / Y r c1 Cj n.J '06/96 14:29 tt619 694 3562 Iii 004 .-- - -.- '. .) '""'~.,.;.~ _..fI""-:....J"""t 4.10 Concnlte Steps. L5 1 2,000. 2,000. 4.11 Concrvle Header. LF 155 5. 775. 4.12 Concrete Planter Wall at Ex. Trees LF 124 8. m. 4.13 Exc.V8lion. Cy 800 12 8.600. 4.14 SUbgrade Preparation. SF 30,830 ,50 15.415. Sub Total 1211,407. 5,0 UTILITY IMPROVEMENTS 5.1 4" PVC Water LF 17 20. ~. 5.2 6" PVC Weter. LF 27 20. 5otO. 5.3 8" PVC Water. LF 437 25. 10,925. 5.4 Connect to Exiltin9 Water. L5 1 4.000. 4,000. 5.5 Relocate Existing F=ire Hydrant EA 2 1,000. 2,000 a 5.6 Water Valve. EA 6 800. 4.800 5.7 510rm Drain. LF 20 20. 400. 5.8 DB 1212 Inlet EA 1 1,500. 1,500. 5.9 Relocate Inlet EA 1 1,000. 1,000. 5.10 Replace Sewwr Leteral. EA 1 600. 600. 5.11 8" Pwforated Sch. 40 PVC Pipe. LF 200 15. 3,000. Sub Total 121,105. 11.0 MISCELLANEOUS CONSTRUCTION 81 8' Concrete Bench. EA 8 800. 8.400. 6.2 Bus Route Marker. EA 6 600. 3,600. 6.3 Bus Route Directory. EA 1 3.500. 3.500 8.4 Train Receplade. EA 6 750. 4,500. 6.5 Raised Concrete P~ter Beds. SET 3 3.000. 9,000. 6.6 Bus Shetterw, including !oundatiol1$, EA 3 42,000. 126,000. precul columns, 1OIIiIa. roof panels. mile. meIIIl, hardwe1e. IIIE;. 6.7 Pedestrian Railing. per SDRSD M-24. LF 180 15. 2,700. 6.8 Steel Post EA 4 200. 000. . 3 ~ ) "f -,? c::::) <, 06. 96 14: 29 tt619 694 3562 ~005 :~""',J , , ~'i.J'. , , Sub Total '116,100. 7.0 ELECTRICAL 7.1 12' High Wllkwly lighting. EA 8 1.700. 13.600. 7.2 Bus Shellar Ughting. EA II 925 !5.S5O. 7.3 IMres, ConduitS. Pull 80_, LS , 12,000. 12,000. Pedestals. Panel EIoards. Enclosure. etc. Sub Total $31,150. 1$.0 LANDSCAPING 8.1 48" Box Trae. Standard. EA 18 1,350. 24.300. 82 8' BTH Palm Tree. EA 11 .00. 4,400 8.3 5 GaUon Shrub. EA 618 16 U88 ;; 84 Groundcover Area. LS 1 1,450 1,450. v . 8.5 Turf/Lawn Area. LS 1 3.225 3,225. 8.6 Soil Preparation. InCluding SOIllHtIngs. LS 1 1.350. 1,350 amendments, fIIr1iliZers, mulch, line grading, etc. 87 Staking, tree drains, root barriers. etc. LS 1 1,200. 1,200. 8.8 Maintenance (90 days). LS 1 110O. 900. Sub Total $41,713. 9.0 IRRIGATION 9.1 Irrigation System, Inctucling lite LS 1 24,000. 24.000. preparation, pointli of connection, wive usemblies, controller, hud.. In8inHn., Iater1lls. baddIow -'lbli.., IleeYes, wive boxes, pull boxa, control wires, fittings, etc. 8ub Total mOOG. 10.0 MISCELLANEOUS 10.1 Tl1I!Iic Signege. LS 1 2.000 2,000. 10.2 Signage LS 1 4,000. 4,000. 4 .J3~3t /:Y.3/ ..;.06,96 14:30 :'.:' #1e".,,-01 ~619 694 3562 '. .. Sub Total TOTAL BID AL TERNA TES 8.9 Bid Alternate No. 1 36" Box TfHS EA 18 590. 12. 420. 5 J.~-.:::~2 /c-f/ ~-:>2 11,000. 11I3,3'15. 1Zi006 ') ) . i' I 1. CHRONOLOGICAL HISTORY OF SOUTHWESTERN COLLEGE TRANSIT FACILITY PROJECT . 1988: City Transit staff met with County of San Diego and Southwestern College staff to discuss feasibility of a Transit facility at the College. . 1989: Southwestern College project included in MTDB short range plan. . March 1989: Southwestern College Board approved the proposal to conduct planning study for the transit facility. . March 1989: County Board of Supervisors approved project in FY 1989-90 Transit Center Program for feasibility study and $900,000 approved for project. . February 1990: Southwestern College Board approved agreement among County of San Diego, Southwestern College, and City of Chula Vista for feasibility study. . February 1990: City Council approved agreement among County, College and City for feasibility study. . Fall 1990: Feasibility study began. . February 1991: Public information meeting held on Chula Vista Transit Studv and update to CVT short range plan; Transit facility identified and included in this plan. . March 1991: City Council adopted Chula Vista Transit study. . May 1991: Southwestern College Board considered Transit Feasibility Study and approved alternative one design concept. (Location on Otay Lakes Road) . Spring 1992: Southwestern College Board approved agreement for constructing Transit Center. . June 5, 1992: Agreement for constructing Transit Center presented to Council and referred back to staff by City Council. (Council agenda item attached) . June 9, 1992: Agreement brought back to council, recommended location rejected by Council and Council directed staff to look at other locations which would not impact existing grass, or landscaping area on campus. Council members Rindone and Horton appointed to Council subcommittee to facilitate transit facility location discussions. (June 9, 1992 agenda statement attached) . October 5, 1992: Meeting held among agency staffs and neighborhood residents to discuss facility location. /j- .33 . October 30, 1992: Second meeting held and census reached on three sites, out of twelve sites evaluated. (These sites discussed in attached November 9, 1992 memo to Mayor and Council. City staff preferences for the transit facility as a result of this evaluation in October 1992 was either site 6A, 6AI, (the location currently under consideration) or site 1BI, which was located midway between Otay Lakes Road and the current location. . February 11, 1993: These three alternative site locations discussed at Southwestern College Board meeting. Board approved none of these three locations but a different site near the proposed library/learning resource center in the vicinity of the stadium. (Letter from Joseph Conte to John Goss attached) . February 1993 - summer 1994: During this period of approximately 11/2 years various meeting were held between City and County's staff discussing college preferred location. Staff had major concerns about access to site and increased costs for CVT operations. . April 12, 1994: Council considered a "report of Southwestern College Transit facility" in which staff recommends that the City not pursue developing a Transit facility at the future college library/learning resource center and also schedule a joint meeting between Council and College to discuss the project. (Agenda statement attached) Council adopted recommendation NO.2 only and directed staff to schedule joint meeting between Council and College Board. . August 2, 1994: Council considered agenda statement which discusses proposed joint council/board meeting on Wednesday August 10, 1994 and provides additional information to Council on project. (Agenda statement attached) . August 9, 1994: Memo sent to Council regarding additional information for August 10, 1994 joint meeting. (Memo attached). . August 10, 1994: Joint meeting did not resolve transit center location issue. Consensus not reached on location. . February 1995: City staff sent letter to college indicating that since Transit facility project does not seem feasible, City staff would recommend to Council that all CVT bus routes stop on Otay Lakes Road in front of college once traffic signal at Gotham was activated. . Feb/March 1995: Mayor Horton meets with Mr. Conte he indicated that the College was receptive to considering the feasibility of expanding existing bus stop location on campus. This was the site that in previous site evaluations identified as 6A/6A1. . August 15, 1995: Memo sent to Council on status of project. (memo attached) This memo informed Council that site under evaluation is expanding existing bus stop area on campus (formally identified as 6A/6A1). This concept plan presented to college Board of Directors on August 9, 1995 and Board approved concept on the condition that sound proofing in certain building windows near the new bus stop area be incorporated into the /:J" 31 project. Included in this memo (last paragraph, second page) is status of funding for project, including information that additional funds may be needed for project when cost estimate for project was completed. . October 3, 1995: Council approved agreement among County, College and City for project. (agenda statement and minutes of meeting attached) . October 1995 - April 1996: County through its consultant prepares engineering drawings in preparation for construction bid. Cost estimate prepared. . April 9, 1996: Resolution presented to Council amending agreement approved on October 3, 1995, in which it was proposed that City contribute up to $450,000 of its TDA Article 4.0 funds to supplement potential short fall, based on engineer's estimate. Council did not approve this first amendment and refers project back to staff for additional information. 2. ADDITIONAL INFORMATION REQUESTED BY COUNCIL . Value of land being donated by College: The project will occupy approximately 11h acres. Although it is difficult to estimate the market value of this land on the college campus, comparable land in adjoining areas that need to be purchased if the city were to build a transit facility off site would be approximately $650,000 based on $10 per acre. . College has agreed to do routine daily maintenance of the completed facility and utilities. The Transit Division currently pays for utilities and maintenance at the transit center (bus loading area) at the H Street station and for the Bay Front Station. Bay Front Station annual cost for utilities is about $5400 and maintenance is about $20,000, not including maintenance and repair to the visitor information center building. However, the Bay Front Station does have a number of parking spaces, which the facility at Southwestern College would not have. Perhaps a more comparable facility is the one at H Street and city transit currently spends approximately $7500 annually at that location for maintenance and cleanup, not including utilities, which is paid for by MTDB. Staff estimates that routine maintenance and utilities. the Southwestern Collelle facili1y. based on expenditures at both the Bay Front Station and H Street Station would be approximately $10.000 annually. 3. COUNTY EXPENDITURES TO DATE ON PROJECT This information will be provided by County staff. WMG:rb M:IHOMEIENGINEERIBILLGITIMELINE.SWC ;,)'/ ~ 3-' 0> ~ '" 0> 0 ;:!: 0 on on 0 ~ on '" 0 ..... ...J ,...: ,...: ~ ~ ..; 00 ci .,; ~ '" .... ~ 0> '" .... .... on on '" '" '" 0> 0> a ,...: on <'i on N I- 0> '" '" ..... ~ '" .... ~ 0 '" .... 0 on Q) 0 ~ ~ ..... 0 0 cO ,...: ..i ~ cO ci ci '" .... .... '" on .... .... 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N '" co Z >- ~ on ,...: W lL '" '" 0 I- en on 0> on 0> Z ..... on 0 '" ~ cO cO cO ..; ~ Q) ..... .... ~ I- 0> co. .... ..... 0> W >- ..... <'i to ,...: C> u.. ~ ~ '" W ...J - ...J a 0 z en 0: w i3 0: '" W ::J ", - 0 l- t: ~ 0 ~ ~ lf c( en 1;) en w 0 -' -, :ii: ~ z w en ::J ::J ::J ::J J: W I- a.. ::J x I- ci a w z J: lL ~ 0: I- en ::J . a a '" c( ...J ..... ...J ::J J: :.:: c( a :;;: en 0 0: I- a I- z 0: ~ a J: w a ::J I- :.:: 0 . 0 a.. _.- ~ - Q) Q) r- en ~\i- ~ ~ \:) 'J i>\ c ~ o 'ik '" ~ . , , ~ ~ Q) '" '" a.. 4 ~ ? ~ 1:/--36 COUNCIL AGENDA STATEMENT Item Meeting Date 5/5/92 ITEM TITLE: Resolution Approving agreement between the County of San Diego, Southwestern Community College District, and the City of Chu1 a Vista for construction, maintenance and operation of the Southwestern College Transit Center SUBMITTED BY: Director of Public Works f)Y1I REVIEWED BY: City Manager (4/Sths Vote: Yes___No-x-) At its meeting on February 20, 1990, Council approved an agreement between the County of San Diego, Southwestern College and the City of Chu1a Vista for a Southwestern Coll ege Trans i t Center feas i bi1ity study. The study whi ch is included as part of the attached agreement, determined that a transit center at Southwestern College is both feasible and necessary to provide more convenient and accessible public transportation to the college and eastern Chu1a Vista. Alternative 1 (figure 6 and 7 in the study) is the recommended site plan. The agreement, and Alternative 1 Conceptual Site Plan, have been approved by the Southwestern College Board of Directors. The total estimated cost of the transit center project is $1,150,000, including contingencies. This agreement authorizes the County to proceed with final design and construction of the transit center, and defines maintenance and operation responsibilities between the College and the City once the center is completed. According to County staff, the project will follow California Environmental Quality Act (CEQA) guidelines for environmental approvals, and it should require only a Negative Declaration. The agreement also authorizes the County to claim up to $250,000 of City of Chu1a Vista TDA 4.0 funds, if the cost exceeds $900,000 which the County has programmed for this project. RECOMMENDATION: That Council approve: 1) agreement between the County of San Diego, Southwestern Community College District, and the City of Chu1a Vi sta for the construct i on, maintenance and operation of the Southwestern College Transit Center, and 2) conceptual site plan Alternative 1 as shown in the Southwestern College Transit Center feasibility study. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: A transit center at Southwestern College would serve two main purposes: improve current and future CVT service to the college; and function as a transfer point for future CVT routes operating in areas east of Southwestern College. The transit center includes a bus loading area for six vehicles. It would be located between Gotham and Elmhurst Streets and includes a traffic signal at the intersection of Elmhurst Street and Otay Lakes Road to facilitate traffic flow from the center and the college. The major components of the agreement state that the: /:1-31 . PAge 2, ItH Meeting Date 5/5/92 Count v wi 11 : Contribute up to $900,000 in TDA funds for transit center development. Act as lead agency for construction. Colleae will: Dedicate real property for the transit center to the City of Chula Vista. Pay for utilities (electrical and water) after transit center completion. Be responsible for daily routine maintenance and cleaning of the transit center, including trash pickup, landscape maintenance, and removal of stain/spills from structure surfaces. Citv wi 11 : Authorize County to claim up to 5250,000 of City of Chula Vista TOA Article 4.0 funds for transit center development, if needed, after expenditure of 5900,000 in County funds. Be responsible for major maintenance, repair and operation of the transit center, including damage to structures, graffiti removal, and tree trimming (costs associated with these repair or maintenance items will be covered by TOA Article 4.0 funds). Maintain insurance or self-insured responsibility for negligent maintenance and operation of the completed facility. If this agreement is approved by all parties, construction of the transit center tentatively would begin in January 1993 and completed in Summer 1993. FISCAL IMPACT: The total estimated cost of the Southwestern Transit Center is 51,150,000, which includes the completed feasibility study, engineering drawings, and construction. Southwestern College will dedicate the land to the City for the transit center. The County of San Diego has programmed 5900,000 for this project, and the City will commit up to $250,000 of its TDA Article 4.0 funds to this project, if needed, after expenditure of the County funds. It is difficult to estimate annual major maintenance and repair costs, or potential liability costs related to completed center operations. However, SCOOT maintenance and repair costs at the "H" Street Trolley Station Transit Center (which is a comparable facil ity to the one proposed at the College) have averaged about 5800 annually over the past ten years, and there have been no liability costs related to the Transit Center. WPC 1532T File: 05-030/05-037 /J-3fl 1rT.,fcIl/l1E~1 9. I~ ..tt.. Data 'IIIIt ITDI TmE: Resolutton I '-Lo\\ Approving arrl...nt Ht...n tilt County of San Di.go, Southwest.rn CoIaunity Colleg. Di.trict, and the City of Chula Vista for construction, ..intlnane. and eptration of the Southwt.~..rn~lleg. Transit Cent.r S&IIIITTED BY: Director of PubHc Works f)f'" . REVIEWED IY: City Mana~.'i (4/1t111 'ote: ,......JIo..L) . Council consid.red this it.. at its ...ting on May 5, 1'92, and directed Itaff to provide the following additional' inforaation on the transit c.nt.r proj.ct: the traffic pattern .xiting the coll.ge and transit c.nter at El~ur.t St; a ~re detail.d cost br.akdown of the project; the cost of other transit center alternatives ..ntioned in the f.asibility .tudY; and lolicit the City Attorn.y's review of the contract to .nsure that it contain. adequate cost control language. Attached for Council'l infonlation il the ag.nda Itat...nt (including the f.lsibility .tudy and agreement) consid.r.d by Council on May 5, 1992 (Exhibit 1). This ag.nda .tat...nt will pres.nt the additional inforaation request.d by Council. IECOIIIEIDATION: That Council approve: COUNCIL ~nn& STATEMEKT 1. Agr....nt between the County of San Diego, Southwest.rn c-mity Coll.ge District, and the City of Chula Yistl for construction, ..int.nanc., and operation of the Southwestern Coll.ge Transit C.nt.r; and Conc.ptual site plan Alternath. 1 as Ihown in the Southwest.rn College Transit Center F.asibility Study. . IDMDS/CDIIISSIOHS IEtcllCENDATlON: Not appHcabl.. DISCUSSION: ' 2. ~ The conceptual design of the transit c.ntlr "as been' .'i,htly lIOdified to provide bett.r ..nage...nt of traffic on the colleg. 'access road (El.urst Street .xtended) and to its int.rsection with Otay Lakes Road. As IICIted on the attached diagr.. (Exhibit 2), a rai.ed "rrier t.,and ... been tncorporated tnto the de.i,n for the purpol. .f creating an exclu.ive right-turn bus 1 an. and to reduce confu.ion at tilt Otay Lake. Road tnt.r.ection. Th. lIOdifted ..ign creat.. HU.r definition of tilt tran.it centlr exit driveway and .hould re.ult tn optt_ lafety perfol'lllllCe .f the Dtay Latt. Road/ElIlhul..t Street tnt.rsection. After it was det'nlintd that the Hst tocation for the Transit Cent.r was 1n the proposed location it WIS d.t.nain.d that a traffic li,nll would be required at the int.rsection of Otay Lakes Road and E1Murst Street in orel.r / f-31 ~ 'age Z, It.. ,~ ~t1ng Date 6/9/92 to ,.,.1t bus traffic to safely and expeditiously ..ke a left turn out of the center to go lIorth on Otay Laltes Road. It tIOuld also ,rov1de the Mcessary brake in Otay Lakes Road traffic to anow busses COIling fl'Oll the south to enter the Transit Center at 50th.. Street. Under this ,lan it 11 also ex,.cted that conege traffic w111 be attracted to the signalized 1l1tlrslction. SincI thl ranking of the intersection of 50tham Street and Otay Lakes Road is based on the .ntering yolume of traffic, which is bas1ca'ly warrantld by the college traffic and IIOt the ..1ghborhood traffic, the diversion of traffic to E'lIhurst tIOuld efflct thl .&.bar of stgnal ,rtor1ty ,01nts that thts 1nterslct1on receivls. It was concluded that re-d1str1bution of traffic due to the Transit Center tIOuld also reduce conflicts at the Cotham Street intersection but tIOu'd cause a greater tllpact at the El~urst Street intersection. Calt Rr.a1cdown A cost estt.ate for the ,roject 11 attached as Exhibit 3. Transit Center construction, including the traffic stgnal and a 151 conttnglncy, is estt..tld at $745,000 or about 65' of the total project cost. The other aajor cost COllPonents of the project are: the feasib11tty study, design, construction inspection, and ,roject ..nagement. Land .111 be dld1cated by thl Colllge. As indicated in the attached litter from Sharon .Jasek Reid, Deputy Director Public Works. County of San Diego (Exhibit 4), the two ..in objlct1ves of the project design were to develop a facility whose function tIOuld 1~rove transit service and auto access to and from the Colllge; and also be aesthetically COllPatible with COlllge architlcture and enhance existing develOplllnt in the area. tast a( 11t.rnat1v@s Detailed cost esti.ates were prepared only for Alternative I, the reco.llnded site plan. All four alternatives share the same basic design COllj)onents; the only aajor difference among the alternatives that tIOuld affect cost 11 location. The County staff and consultant for the ,roject, Estrada Land Planning. esti..te that the recOlllllnded Alternative 1 and Alternative 4 are coaparable in cost, wh11e Alternatives Z and 3 tIOuld be aore expenstve. tttv Itte"".y '.vtw It' AaN..nt The attached llttlr fl'Oll Ms. "asek Reid (Exhibit 4) ind1catls that the agreeaent anows an threl ,art tiS cost ,control through thl dlsign and revtew ,rocIlS. Section I.C. requires thl County to obtain City and Conege ftnal approval of ,roject design and Section IV.A. Itates that thl County w111 subll1t 301, 70s, and final tIOrking drawings and l'lcifications to thl City and College for approval. Thl City Attorney bas revttwtd the agre..nt and concurs that the axisting language ,rovidls adequatl cost control for thl Ctty on the ,roject. . - - ! g ,- J/ [J , Aq-~ 'age 3. It- ~ ....tiDg Dat, &/11/112 FISCAL IMPACT: The total .stt..ted cost of the Southwestern College, Transft Center is SI.150.000. whfch inc1udes the COIp1ettd feasibi1itl study. engineering drawings. construction, tnspection, and project ..nag...nt, inc1ud1ng a J5S contingency. Southwestern Co11ege wfll dedfcate land to the Cfty for the Transft Center. The County of San Dfego "as progr_d SIOO,OOO of its TDA funds for this project, and tire Cfty wnl co.aft up to S250,ooO of its TDA Artfc1e 4.0 funds to thfs project, if needed after ,expendfture of the County funds. It is dffftcu1t to estt..tl annua1 -.jor ..fntlnance and repafr costs or potenUa1 Habt1ftl costs related to clnter operaUons. However, SCOOT ..tntenance and repair costs at the H Street Tro1111 StaUon Transit Center (whfch is a cOIIparab1e 'aen tty to the onl proposld at till Conege) have averaged about $800 annual1y over the past ten Ylars and there haVI been no ltabtlttl costs relatld to the H Street Station Transtt Clnter. WMG:DS-030/DS-037 IIPC 1557T . '( " I ~' -~ / -A '" --'2 JtESOLOTION NO.~ USOLtn'ION OF THE CITY COWCIL OF THE CITY OF CHt1l.A VISTA APPROVING AGREEMENT BAUuon THE COti'NTY OF SAN DIEGO, aoOTBWJ:S'1'DN COMMtJIIITY COLLEGE DISTRICT, AND THE CITY OF CIIUIA VISTA . FOR CONSTRUCTION, KAnn'ENANCE AND OPERATION OF THE SOt1'1'RWESTERN COLLEGE TRANSIT CZN'rER WHEREAS, .t it. ...tin; of F.bruary 20, lttO, Council .pprov.d .n .qr....nt betw.an tha County of San Di.;o, Southwa.tarn Coll.q_ .nd th_ City of Chula Vi.ta for. Southwa.tarn Coll.;a Tran.it Cantar faasibility .tudy; and WHEREAS, tha faasibility study ha. been complat.d which concluded that the Southwast.rn Coll.;. Tranait Cant.r Proj.ct ia nac.ssary .nd feaaibla; .nd WHEREAS, tha .;r....nt, .nd Alt.rnativ. 1 Concaptu.l Sit. Plan, hava been .pproved by the Southw.at.rn COll.;. Board of Dir.ctors; .nd WHEREAS, the total .atimat.d coat of th. tranait c.nt.r proj.ct i. $1,150,000, includinq contin;.nci.s; and . WHEREAS, aaid .qr....nt .uthoriz.a tha County to proca.d with construction of th. transit c.nt.r and d.fin.. .aintananc. and operation responsibility between the COll.;. and tha City one. the cant.r is complatad; .nd WHEREAS, .ccording to County at.ff, tha projact will follow California Environm.ntal Quality Act (CEQA) vuidalina. for environmental .pprovals throu;h usa of . Na!jJativa Declar.tion; and WHEREAS, Council, .t it. May 5, 1tt2 ..atin;, diract.d staff to provida aora information ra;.rdin; tr.ffic patterns, co.t braakdown and othar transit .ltarnativas. . NOW, S'BEREFORE, BE rr USOLVED th.t tha City Council of tha City of Chul. Viat. do.. her.by approve .qra_ant betwean the COunty of S.n Die;o, Southwastarn COIIIIunity Collave District, and tha City of Chub Vista tor construction, aaintan.nc. and oper.tion of tha Southwastarn Coll.;a Transit Canter, a copy of Which i. on file in the offic. of tha City Clerk. BE IT TUK.ALK JtESOL~ th.t tha Mayor of the City of Chub Vista i. hereby .uthoriz.d and dir.ct.d to axacut. .aid .qr....nt for and on behalf of the City of Chub Vista. / f- 'lj< - BE IT PtJRTHER RESOLVED that the city Council doe. beraby .pprove ~e conceptual site Plan Alternative 1 .. .hown in the southwestern college Tran.it Center f...ibility, .tudy. Pre.ented by :ohn P. Lippitt, Director of Public Work. c..IT "- , I') ') -13 -\ ~I,. -A q---fp . .' . 1 f:- . : , '/, I .. ~ ~.~- I> ; '\ ,- .:-; : '. I. q. 1Jrbon v~ 6 V.ronica E. ",on.. 1'1 ecaI Lak.. Road Cbul. V .ta, CA .un ... I . ';.:i. I ' -.. : ...y 28, 1"2 , -:----.: Pax.eS ~ (11') 425-611. o~ 5-21-'2 4.30 p... lIonOrabl. llayor am! C1~y Council Ci ~y of Chul. Vi." 276 4th Avenue Cbul. Vi.ta, CA 11110, 8Ubje~. ~vu~ern COllev. ftan8i~ canter JIonorable ..yor aneS COuncil ~-r., '!'his reque.t 18 for a iR=Uc be.dn; t:O allow inP\R fl"Oll t.b. public into t.b. utter of t.be propo..d 'tr.nd~ oan~er vl~n t.b. Southw..tern COlleg. CUpus and .101'; t.b. ....~ aieS. of otay !oak.. acaeS. As you can a.. by our .eSf!re.. our boa. of t.be pa.t 26 year. fronts on otay Lake. Ro.eS an4 wou14 be t.a.eSi.~ely acros. t.b. street from t.b. propo..eS ~r.nai t c.nt.r. ..e baeS 10 years a;o a 'tr.nslt .~op in front of our boa. aneS ;o~ 1~ ~d ~ a CODerci.l ar.. due ~ t.b. f... ane! incr....e! 'tr.ffic at our fron~ door. In t.be int.rv.ning y..r. our .i4. of otay !oak.. va. d..ivn.~ee! by you the Ci~y for no parkin; dudng .chool bour. a. t.b. 1apa~ on t.b. r.ai4enc.. along ct.y Lake. va. ~oo vreat. ~r1e. bav. force4 U8 ~ put bars on all our vlndova ane! door. and t.bis 1. in part due ~o t.b. growth In t.b. ar.. paR of which vas on .!Jain Callpus PropeRY. Although our requ..~ 1. a.lf activat.a4 in part it 18 al.o for the balance of t.b. CODunity. n v.. 1n f.~ t.b. aftoR of a n.i!Jbbor a... blocks avay froa Dtay Lak.. Ro.4 t.bat aleRe4 ua to t.b. approval of th. proj.ct by the .outhw..tern Colleg. ao.rd of 'trUSt.ae.. Hi. .lan va. acr. of an alan .. th. re.t of t.b. n.ilJbbor. ve bav. di.cus..e! ~. vith are equ.lly concernacS v1t.b t.be nev.tive iapa~ of ~. proj.~. .ft. followin; are 80lIl of t.b. oonoarna. 1. .0 aR va. filacS on t:ba proiect. 2. Southwe.tern va. oZ'1!Jinally plannecS ~ blOOM a 4 7HZ' collev' and in f.~ vas pl'oaot.ac! .. auch for t.be bcmcS financ!n; ~ acqulre the land and build the facUlty. A. 'lbe efforte of t:be aoard of tnataa. in ..llin; oft parcel. of lane! baa ncSuoad t:be land of the oupua ~ prevan~ t:be oonvaraion ~ ~ 4 year acbool. I ~/~ //;' ,.~...., . ACt ..-4- . B. Any further r.duct:ion in av.l1abl. caapu. l.nd .ill furth.r pr.v.nt future expansion of t:h. uiat.1ne; ~nstitution. C. A r.view of th. ori9inal and a~.qu.nt bond financin; vehicle. to check t:.be propriety of the bo.rds a~ions r.l.tine; ~ t:h. ..l1ine; of land . apecifically acquir.d for t:h. oaapua. . D. A ~i.w of th. propriety of t:.be ~ to entar . into a ,oint .entur. unr.lated to educaUon. 3. 1.ack of adequ.te 'traffic atudie. before the ~ 'tOOk action and prior to foraulaUon of the propo..l. .. Air qu.l1 ty studi.. on t:h. illpact: of aua pollution. 5. Moia. atudie. on th. lapact: of Doiaa on t:ha alSjoinine; property own.n and atud.nt popul.t.1on. 6. Zndronaent.l 18.ue of nlSuct:ion of tn.. anlS plants ln 11.u of acr.. of concr.t. and a.ph.lt. Sound. like the Br.zilian Rain por..t ayndrOa.. .,. A .tudy on th. lapact: on aria. due to incre..elS vanai.nt popul.t.1on. . I. A atudy on th. n..d anlS f...ibility lf a . ye.r caapu. 18 bul1 t el..wh.r. ln ar.. th.r.by po.sibly relSuct:in; .tud.nt popul.tion. and rid.r.hip. t. Incr....1S d.n9.r to orunior Bie;h anlS Bi;h SChool atud.nts valk1n;, ridin; bicycl.., and drivin; to ar.. achool. on otay 1.ak.. ao.d.' 10. Incr....d d.n;.r and con;..tion ~ colla;. caapu. .tud.nts both drivln; and ..lkin; ~ colla;. froa ajoinine; co_unity. '1'0 our bowlad;. t.be.. 1..u.. bav. Dot been addre..ad. In addition t.b. 1.Ck of noraal procedures to Dotify alSjotDin; aff.ctad property own.r. 18 ap.llin9, unfair and nain..cant of ral1roadin9 techniqu.. of th. Bo.. '1'W..d day.. "for. you sma city aouncl1 pa.... jud9...nt on t.b. propo..d project: va are aak1nv you to be a truly rapruentst.1v. fora of Vovarnaant. .1.... bear u, protect: u'. and in all alnoarlq. represent u. ''1'bank JOU and va look forward to v.tUn9 your napona.. ...pectfullY your., U~~~ Vrbon v:~.. ~ .{~ W~ . ,'(t1d/ .ronica . ne. /) , / . /o~JI.:J \1...'t-'- ~/ . .. . . '0 . CD = ".. CD ., . . - I I - . .. / f-L/ ~ . '1HJS PAGE BlANK . . . ,- '~-41 . I C CJ. -_-Jr'\ . A~ \,.of ..... . . o. 1IIomas A. Davis 1657 60tha. Street Chu1a Vfsta. CA .1.13 421-1577 "ay 21.. UU . l.."' --- .. - . .... . Th. Mayor and Cfty Councf1 of the Cfty of Chu1a Yfsta 276 Fourth Avenue Chu11 Yfsta. CA .1.10 Dear Mayor and .e.bers of the Cfty Councf1: In February of thfs ,ear J wrote to ,ou re,ardfn, a decfsfon by the cfty staff not to fnsta11 a trafffc sf,na1 at the fntersectfon of Otay Lates Road and Gotha. Street. When that letter Ippeared on the Cft, Councfl a,enda for February 18. 1112. the cfty Itaff provfded ,ou wfth a brfef wrftten fnfor.atfon report to substantfate thefr reasons for not fnsta11fn, a trafffc sf,nal at the fntersectfon. and reco..ended that ,ou recefve Ind ffle .y 1etter wfthout further actfon - whfch WIS done. After the Councf1 Ictfon 1 corresponded wfth the Cfty Manager. requestfng further detafls that supported the Itlff decfsfon not to fnstl11 a trlfffc sf,nI1. t.,.. trlfffc warrants Ind trafffc ana1ysfs. and 10 on. J also asttd to know why Inother fntersectfon further north on Otay Lites Road. It CI~fno Del Cerro Grinde. hid a trafffc sf,nl1 funded Ind fnstllled. alon, wfth tat.nsf't curb and cross watt i.prove.ents. ah.ad of other int.rsectfons (Gotha. Street befn, one of these) thlt the cfty staff itself hid establfshed as hl,fn, ,r.lt.r n.ed. J dfd not recef't a rep1y to .y r.qu.st for infor.atfon untf1 May 12. 1,.2. .or. than two Ind a half .onths 1ater. J cln understand that the cfty .tlff ha. .Iny f.portant func-, tfons and dutf.i to perfor.. and thlt r.spondfn, to cftfz.ns r.qu.sts for fnfor.atfon intrud.s on thfs proC.SI. but.it ....s odd that it took .0 10n, to answ.r questions that Ihould have .a1ready had answ.r. ff the d.cflion not to instl11 a .f,na1 at Otay Lat.s ROld and Gotha. Strt.t .ad pr.vfousl, b.en docu.ent.d. Whf1t thfl tf.. de1a, tl trrt- tatfn,. tt now app.arl to b. a .fnor tllUt. . Th. o,errtdtn, realon for not tnlta11fn, a trafffc .f,nl1 at Otl, Lates 10ld and lothl. Strttt art cit,. c01- 1'1' and county plans f4r the conltructfon of a Transft Center in place of the front Ilwn at Southwestern Co11.,. lIon, Otay Lites Road. The Cfty of Chula Yfsta. San Dfego /f - L/ g ---- .. City Counc11. May 21, 1892. Page 2. County and Southwestern C011ege Itaffl have been negotiating for lo.e t1.e a.ong the.se1ves to develop a plan for the construction of the Transit Center that .111 draw '900,000 d011ars fro. county transportation funds and $250,000 d01- 1ars fro. s1.11ar City of Chu1a Y1sta funds. The front lawn of the c011ege ....s to IIn. been clloun . as the site for the Transit Center in a roundabout .ay. Southwestern C011ege contr011 adequate und.~e10ped land on the corner of Otay Lakes Road and East" Str..t to bu11d.the Transit Center. If this site were used, tile cost .1ght .ven be 1ess th.n putting it on the front 1awn since there are already tr.ff1c control devices installed in the i.med1ate vicinity of the corner 10cat1on. However, the Southwestern College administration wishes to r.serve tll1s undeve10ped site for some future ~o1nt development venture with a . yet-to-be-determ1nedpartner. As a result, tile col1ege.llas chose~.crif1ce tile aestlletica11y pleasing and .nv1ron.en- t.lly..~nign front lawn and convert it into an acre and a h.lf of concrete, asph.1t, transp1anted p.1. tr.es and fake -Aztec-11ke- p111ars. When I appe.red before the City Counc11 in February and appe.led to you to reverse the decision not to insta11 a tr.ff1c s1gn.l at Ot.y Lakes Road and 60tham Street, tile city staff informed you that their decilion ..s sound, based on a significantly reduced traffic y01u.e at tllat intersec- tion. The staff position was further .nhanced by c.rta1n f1nanc1a1 benefits to the city derived from funding provided by the county for the construction of the Transit Center. The staff, it turns out, lIad not done a traffic Itudy at the Ot.y Lakes Road/Gotham Street intersection, or the area, in a number of years - the information provided to you in February lIad no basis in fact, and was IU.ss-work. It was not until April 28, 1"2, according to tile traffic warrants provided to .e by the Director of Public .orks in lIis May 12, 18'2 1etter, that a traffic lury.y was actual1y done, lo.e twO .onths aft.r J app.ar.d b.fore tile City Council. No accurate traffic.data app.ars to lIav. be.n used in the Transit Center p1anning to this point, .ither. The stat..ent that Itaff .ade to you in February that the traffic count at tile &otlla. Street intersection "ad declined to 1100 yehicles per day was wi1dly inaccurate. After the Apri1 traffic count the previous1y r.ported y01u.e turned out to be in .rror by 3781 - tile Apri1 count indicates the average dai1y traffic y01u.e at &otha. to be 4110 yehicl.s lIer dayl /1 - 49 ~~ . City Council. MIY 21, 1'92. Plge 3. It dlltr.llel .e thlt the city Itaff .al .0 car.l.11 fn providing you .lth Iccurlt. fnfor.atfon. I f..l thlt thfl I.ver.ly preJudfc.d your Ictfon on .y F.bruary r.qu'lt. It .al .ade to appear that th.re .al no .ubltantfatfon or tUltfffcatfon for .y Ippeal, Ind naturllly you Ict.d Iccord- ngly. However, al.olt .v.ry Ilpect of the Itaff pOlftfon fn February wal not supported by accurate facti (fn .one ca.es, none at all). The 11tuatfon appears 1fttl. chang.d now,. even after recefvfng the -Inlwerl- to .y queltfonl Iddr.ll.d to the Cfty Mlnlger. The Dfrector of Publfc Workl, for ,xlmple, fndfcatel fn hfl MIY 12th repty. thlt the trlffic lurvey don. fnAprf1 demonstrltes that the Interlectfon of Otay Lak'l Road Ind Elmhurst Street fs now busfer than the one at Gotha. Street. My eXlmfnatfon of the .arrlntl c1elr1y showl thlt the trlf- ffc volume at Elmhurlt (the minor Itreet) hll I volu.e of 2000 fewer vehiclel per day thin Gotham Str.et. So.ehow, wfth a trafffc count half that of Gotham, Elmhurlt wal aWlrded a maxfmum of 12 pofntl for vehicle volume - II opposed to 6 pofntl for Gotham Str.et. Thfl kfnd of IUlpf- cfous manfputltfon of ffgures produced a forced totll of 55 pofnts for Elmhurst and only 43 for Gotha. Street. Another welkness in the trlfffc study fl the faflure to tlke into account that trlfffc flow hll b.en I.ver.ly reduced along OtlY Lakel ROld between the Gotha. Street fntersectfon Ind Telegraph Canyon ROld b.caule of rOld constructfon. For over I y.lr .uch of the trafffc that .ight otherwise use Tetegrlph Clnyon fl, and has been, opting to use East H Street rather thlt fight the conltructfon and congestion on Tel.graph Canyon Road. I also note thlt the city staff hal never produced flctull Justfffcatlon for the Inltal1at1on of a traffic 11gnl1 Ind sfd. walk Ind curb f.prove.entl at the fnt.rlec- tfon of OtlY Lat.s Road and Ca.fno D.1 C.rro Grand./Surr.y Drfv.. Faf1ur. to sUPfort thil d.cflfon .fth facti .akel ft appear .ore and .ore fte1y that the decflfon to fund a Ifgna1 at that fnterlectfon wal .ade arbftrarfly, and ahead of fnt.rlectfonl havfng a ,reat.r .eed. There Ir. two r.qu'lt that I wflh to .ate of th. Cfty Councfl. Ffrlt, J would 1fte the Cfty'l fnv01ve.ent fn the .atter of the Tranlft Cent.r, and the co..ft.ent of fundi for ftl conltructfon at the Ifte fn front of Southwelt.rn College, to be f.partfally reexa.fned. Thfl proJect has /J). ~ t) --- ~ . City Council. May 21. 1992. 'age 4. .ever properly involved the residents in the vicinity of the college. and it has not received a realistic or accurate .xamination of the .ffect of its construction on Otay Lates Road traffic flOW. Second. I would request that a accurate. straightforward. determination be .ad. of the traffic and pedestrian situation at the Otay Lates Road/Gotha. Str.et tntersection. wi~h s.rious consideration being ,iven to the installation of . traffic signal there at the .arl1est possible ti.e. Thank you for your indulgence once again of this .at- ter. A"'ik. ~aviS S-j/ ~ .... _ d..l ?It Robert C. Muff 874 Xavier Avenue Cbula Vista,. CA '1913 <619> 421.3320 . .' ..' f. ~ .' .!_L.~:.._~_'_ '. I Io&yor Tim Nlder 276 <<h Avenue Qaula ViIta, CA 91910 27 May 92 SUBI: P\u....iICd TrlDslt Cater . SoadlWCllerD CoUe,e. J)car Mayor Nader: I blve jast recently learned about die proposed traIIslt CCDter beiD, ,lanned for die "'ront yard" of Southwestem eolle.e. As a caacemed citizen and close .el,hbor 10 'swe. I .trn"..lv qnnolc ay plans 10 alter die belutiful landscaped arel iD front of die coUe.e borderin. Otay Lakes Road. As Chula Vista rapidly clpands eastward. Otay Lakes Rold .. becomiD. more ad more commerclaliud. One of die last remalDin. ,arden IpOts in dlls immediate area II die swe campus. Much time. effort. and money bu been Ipent ,Iannln. and malntalniDg the front approach 10 the campus. I would bate 10 ICe die U'CCS ad arus removed 10 make WlY for lots of CODcrete 10 nppon a blDdful of aolsy and pollutiDS busses. Altematlvcs must be considered: ./ 1. Empty lot . lOuthwest comer of Otay Lakes ad East "'If" Streets. 2. Another area on campus. possibly in the nhtl".. partiDa lot above . west of &be stadium. (This approach would save lots of coDcrete...ud IUpayen mODey) Unless )'ou blve forecuted and dOCDlllented a dramatic increase in pUICD,er traffic into and out of Southwestem Colle.e. I acriously queldon die DCCesslty 10 increase die capacity of die current bus atop. . Request JOU ICCvaluate dIls vanslt center requirement before we Colle,e Eltltes realdenu Iole Ibis beautiful area 10 yet anowr CODCrete Jaa.le. ~::kc~lt ~n C. Muff W Copy 10: . I. Couty Supemaor Bllbray 2. swe PrcaidCIIt OoDte 3. Star Ncwa EdilOr /J-3~ -A 0--+.4:)""'- . THIS PAGE BLANK , . . . . ,'g-53 . . . . f\ q ....4{p, .. June 1, 1992 Mr. Jo.eph Conte, Pre.ident Southwe.tern College 100 Ot.y L.ke. lo.d Cbul. Vi.t., CA 91913 .e. 'ropo..d Southwe.tern College Tr.n.it Center De.r Sir a .ec.ntly it b.. come to our attention th.t S.n niego County and South- v..t.rn Coll.g. are propo.ing to build a tran.it center at the pr...nt front entr.nce to the colleg.. After reviewing the plan., w. ar. li.t- ing b.loy . number of r...on. why v., a. re.ident. of Col1eg. E.tates (the residential ar.a i..ediatelY to the E.,t of the COll.g.> .re oppo.ed to the tr.nsit cent.r. 1. 2. 3. 4. / /1-'3""/ pre.ent economic condition. for Fed.ral, County and City do not warr.nt this exp.ndure of t.x payer.' doll.r. (e.timat.d cost $1,150,000.00). Budget deticiencie. b.v. forc.d .any public employees to .ccept their jobs on . p.rt-ti.e b.si., or face l.y-otf. In future pl.nning this Center may be . Dlus for E.st L.ke developer.. Hoyever, it yill empact the residenti.l com- munity that exi.t. all .round the campus (North, South, E..t .nd We.t) by the .dditional traffic that would be cre.t.d, a. well a. .dding to the pollution. Furth.rmore, zoning h.. b.en changed .t the Ea.t Corner ot Ot.y L.k.. Road .nd H Stret, .aking this property avail.ble fOr .noth.r .hopping .rea. Tog.ther with Ral~h'. .hopping center .nd the 7-11 .trip ..11 .t the other end of Ot.y L.k.. lo.d, plUS the Fire Station at El.hur.t, th. eventu.lity for an intoler.ble conge.tion of tr.ffic in this i..edi.te are. i. very prob.ble. We .eriouslY que.tion hoy the Tr.n.it Center would benefit the .tud.nt. who attend Southwe.tern. Our home b.ing directly acro.. from the ..in entrance to the c.mpu., .nd al.o the f.ct City bu.e. .top almo.t directly in (ront of our hou.e, we ob.erve a very ..all percent.ge (perh.p. .. .mall a. 10~) of the .tudent. u.ing the bu.e. a. th.ir ..an. of tran.port.tion to tbe college. We our.elve. al.o u.e the bu.e. frequently (.,04 and .705), and find there i. a very ...11 perc.nt.g. of re.ident. t.king adv.ntag. of th... It i. . w.ll-known fact th.t .tud.nt. of bigh.choOl and COllege age ar. c.r-oriented, and .o.t of John Q. Public for th.t ..tt.r. W. b.li.v. th.r. i. . ..f.ty ..tter to b. con.id.r.d .1.0. With a Middle School, a High.ch001, and. College along Ot.y L.k.. Ro.d, there ar. a larg. numb.r of th.ir .tudent. who w.lk along thi. bu.y highw.y to and fro. .chool. Th~ po..ibility for ..riou. accident. to happ.n with the incr....d flow of tratfic the C.nt.r would bring .hould not b. t.k.n lilb'~y" ,.., .^ ,.., , Mr. Je.eph Cente, president seuthwe.tern Cellege June 1, 1992 Page 2 5. Altheugh this oppesition ~o the Tr.nsit Center is .ere of · per.enal co.n.ider.tio.n, it is .1.0. one that we are aure i. o.f co.nsider.ble cencern to. .11 Co.llege Estate heme owners. We believe the Tr.nsit Center weuld .e.n a great deal ~ere traffic than what we .lready contend with when attempting to. enter Otay L.kes Readl weuld .ean .o.re .ir pollution .nd litter I .nd . lowering of our pro.per~y v.lues. 6. The propesed loc.tion of the Tr.nsit Center at the .ain en- trance to. the so.uthwestern Cellege wo.uld .ean de.tro.ying the beautiful setting it new presents to. the public. It is o.ur understan~ing after talking with perso.ns in the City o.f Chula vista .dministratio.n that this pro.ject has been in the planning stage new fer two. years. Ho.wever, it o.nly came to. o.ur .tt.ntio.n ten days ago. Certainly mere advanced info.rmatio.n wo.uld h.ve been .ppreci.ted by these o.f us living in the area. Thank yo.u to. give o.ur o.bjectio.ns yo.ur .erio.us co.n.ideratio.n. Robert F. Kelley, Sr. ~--~- ~X~ ~~eano.r E. Keli;Y~-J 875 Otay Lake. Read Chula Vi.t., CA 91913 482-1809 cc: Brian Bilbr.y, supervi.o.r, City of Chula Vi.ta Tim Nader, Mayer Jerry Rindo.ne, co.uncilman Leo.nard M. Mo.o.re. Co.uncilman Shirley Gr....r.Ho.rto.ft, co.uncilwo.man David Malc0.1m, Co.unci1man Jo.hn Wil.o.n, so.uthwe.tern Co.ll.ge To.m Davi., re.ident Co.llege E.t.te. /~- 35 ~,~) . ~ Vr>jA~7y(borJt ~1 ~ '1~~';"G " CfJlfZ. . ~ 'ETITIOII O'POSIIG TH~R 011 jJfnIbllT ~- . 8y the resfdents of C011ege [states and surroundfng areas II... R.-"oI- Addr.ss Date Signature !Ji~;;';;'~~__ ~dt.:::Jii1fm____ CfvlA ~"';A e.lrY~1 ~e.>M ~..... 15 "[If t 'It.. A PETITION OPPOSING THE CONSTRUCTION OF A TRANSIT CENTER ON ~AVN~F SOUTHWESTERN COLLEGE By the residents of C011ege Estates and surrounding areas Name Address Date Signature "' -t;o ~...- (~&.1. ,~U\ \ltfJilt e,7y ~~NI~ ~O" % fA tM It 1'5 "'''''1- 8y the r.sidents of C011.g. Estat.s and surrounding ar.as .n. Address Date Signature . _~:.~~'i_c:l__..!~__~o;. __ _':~:!.~__?r__ ~ i-'.~{c: R ./~/'.I'''.~- ,. ~.'.-l:~"'!. -a.iaT'> -----------------~-- ------'-------y--_..... ~ /'. I .... ". . l~ If/II": ' .-....... . II . .,~ . .... ".,.J-...._~;:~_..,.,..,. -.. _.:=._____C"Lir~-~.: . ..:'}~~aM.' hr.~ " -0" . -..n.~~-~~L-:~~;-c:J-~-- ~~. ~ ~~1..\:~..j . . I ---~~~~-C~~'--/)::~.;--~;.~:..---~~---; ,', ---..-----~.~:-:q.?--~ C~ --- ~---~--- -- - ----,-~------ ~ ___~~!lCrJ:____rrJ:~:~l~~~_ _ .___..,_~_~__~____~___( _L11f!..[/!i_t.._!!f1!;tfl~~_ ----- Y..-'/i/.!zd}ff"'- . , . __Km__~~j;~l____ - - ~--c~_-~iJ-~c'J:1.(,~' . ~;~~t)~~t.~_ _C1L__!P..L8J..i.~__L._ .~_ :_ _7'..'.1_' It~~___ _~.!.'1t':!t_""""""'__.I.ttt.!~__~~_!~_I:U-:;r_..,L L... I'. I. -, ~ "'" ~~~ cr.!S_I:.'E:.~f1,:U~___, ~____~__'-.Jluk_~ ~~ f'r1 .,..'~ ~/{/ f'J"IAJ 'h~JI_J-",,"(l. i.'~------ A {/ -;;'W::~-.::jw.--- """,. ~ ~~_ _ _____ ~-~~___________~J _ ___~ ~_____ ______ ____€{IJ!'t~~__12(!f~("~/r,f' _~~!':i_G.\f__~':!'!-J~__\l.&--~=-t:tt!_~ _t1~f..'j!!_tL~~'Jit.__ _;,::__~~!;~__~~~",!..""k "''C::J ~ '. D..A.'-I /'- .. v ~J.J.~ ~ - ""'..~-..<<.<":~~-- ____:&:l!.___ ~~i..:.~'~1~: -1l,~_~__E_/:IJ:II1;.ls;.l---- -..--------__~~,+~ - . ~ .' C A1i1 _ __ _________1~_ ---------~~~.~; @ / t- 5 IT A<3~ aI/AI. tlsTI efTY,"_UNe. ~u~o" ~Te~ tt I~ "If%. . ITER 01 Iy the residents of C011.ge Estates and surrounding areas .ue Pr =^ + Address Date . . C.. . ."0-. ______________ ~ ~ .1' . '. rI'-.. r . _ ~ ),;:; _..~-~Q~.~ L!. /pJl.h!ttlt:! ~~-- ~-' -~-~~----------- ..f!Ldt~I._StI!~u_ u . ~-t!?:'lr~/- ~cv,~~ ;-C;:;i:;,\-,"\;; (; _._~~~~W'-'w-~--- fl... I "7" I~ ~~"x;.fuu mAt;-.IltA~J.:c~_ G~JN_kh~d l>>lf.1':t:~t'J.'?7- _1A~'f~s--gt?U!!!Pu u_u_ u_u_ u___~~~_~:_t~"'_.~_ ~ __~!"_,,~n._CA_t:tJ"_Vu _ u _ _.:__i.:fi:.t1:- a;?j ~e.~" 21.4,- C:6' T , ~ 't~"-- rA" t. t..~ ,'1~ -.6 ___~ ~~;S--r ~-.---- ------'--- 't. ~ ~9:tif:(t;",,<-~ _C.(L1~~i:'f;r.CTf.. "V;, Jubltl~5_A-f.qL-bJ!"..r:-- _ _CJL__':J:-u..~.:JFi;;; -::J.aDt1~.JI.lN!rtL"-- - --~~-'-:-~.:~5.ldi. _ '~~_~:_C.h~'!fQ!~--- u_ ----- _..c.\.:_P:_~.;!~_"v.:~~.u~ a;:V-\f.Au'---- _c..V___A:.1.:.fA~1i "--n-- ----.:---- _C'IIf~--':I__-!!.-~~~ICd~ 1~!;J--- __ _____ ___________~__~.j{:!~~~c;.~ __{{..-~--- u_ l.It__i:l:!?;- (; ~.4(.I- ,..JA< .:~ {(;7 - '51 /0 " ~ ~~. /5 ~~. )~ . ('""LA '1ST A t'ft{'.IJMJf.IL. . ~I O"~"*.'5 , '/~ 'ETITIOII O"OSIII; THE eOIlSTRUCTIOII OF A .y tll. r.sidents of CoU.g. Estltu and surrounding ar.ls II... prillt . Addr.ss Dat. Signature , ---L~--__11.'J.~ ~7~( --~~---~---~~~~- :01-. C.If!'. '1'1..'1 ---------~7t--- . ~ "- - . . e.-&-{i't. ~----~:2_2.~__~ _ ~ .' _' P --"=1~-~f(~ ----------~!_:!~~h~~ ~). - ~ . . .u- .':'~v....~'i!~~M- ~ , .......' ,~ 15- &0 ~~ -------- --_.~~---~---~~~~ " I'JlJid.mkf_ ~~~&~- _~b_I:?_!~~____ ?3-KA~i4o( :)'.i~u -~'~:,.S".l:. . .. Z.\) . ~MJU VIST~ f:rry /J"rllu.,L ;~ nllM"/~ 8y the residents of C011.ge Estat.s and surrounding.ar.as Na.e Address Date Signature '.M- , _cJz.~.J11J/ IS'I F) _'~~r1Z-9/~/!1 ~,:!_I(~7t_1Jf.n ..~..::-;...~l'!_V.,,si" ialll:i!A_~~13 __!::I~o.~. 'J /9/..3 . ::21' J.k~~' :7' 7 :~ . I IJ.. ..., ____ i ' t 1'_ _~~~_\l!S1e._~_'1- '."1'113 ___<<c~~_~/CA 'Iff. C:is.l,"~_ VU li6 _J:A.__ q 1<1/ ~ (Jt~_-'{J.1A__c:t ~'4 tJ __~!::_'-4_1!~-'l&c q III ~ __~j,jfJA..v.._1/J 13 I't\) /f-?.:? A~:~' ~~~}~~~ ec-l.It VI~j, f!,T'I t!wAJ'/( ~} A~M_" ",.,IIt'&- _ & PETITIOII ~E CO~R 011 ~~~ . HI Iy the residents of C011ege Estates and surrounding areas .u.n..tLUl_:044l~_ _i{-t;!i~!!t_~f..,€~-;I~_ _ u_ _EL.{'i-fI&J.fi:n1. F-.i~.fJ.!ii~- _C'.I!~{(~ _IIA !-_~~~e___ H. . I M ~ f:J 'I, ___f.J.t'.!..P..:t..J"JU8AC~~u~LJ.j C. tl!!.!~_t t::J.';F.!A~_~~j_!__ ~J..R!i:_~JA~uu_ - ~ -~'-~~--~~------------- _~~_~~~eL_____ - -- it~~i~___~_~______________ .~-Z)..~--~LZI.---"u _n , I"I~ '4"~. - ~--~~u:J--------- ---- Q .-'WI ~.1 --~'-" - - - ~~Quxw~_ _nn Jt~ ~ /. $~~. _~~ ~__,__~1_~~~~------- t!~ --.;.. , , ..- ~~------------- ------- ..' __W~~ .~. . ~~~~:: - ---- ~--'----- - - ----------------------------------------------------------- 17) .- / J- &,3 .A~~/ . (MA .,,,f41 t!f1I{ eooutt,l ~.1J01t 'f'I".(3 Cll~lu. .JUft. 3. 1M2 CA .1.13 IIr. To. D.v~. ~1913 I ! D..r IIr. D.v~., "1 .." not. M abl. t.o _Ie. ~t. t.o t.h. _t.1n" on .Jun. fth 11- t.o work1n" obl1".t.~on.. % eupport. you ~n your ~~"ht. a".~ftet. t.h. 1net..ll.t.~on 01 a bue lI.pot. on t.h. ~ront. 1..1'1 .r.. 01 Sout.hw..t..rn Coll.".. You ..Ie. ..ny v.l~d po~nt.. about. t.h. proj.et.. .ep.e~.lly t.h. laele 01 coneult..t.1on wit.h. and in10r..t.~on p....d t.o t.h. ~pl. in t.h. 1'I.~"hborhood t.h.t. will . M ..11.et..d. %1 % c.n ..Ie. it. t.o t.h. _t.in" on t.h. ,t.h % will "0 but. 11 % c.n not. pl.... U.. ay 1.t.t..r t.o you a. a vo1o. a"a1net. t.h. bue lI.pot.. JJ,# /J-'&~ Aq~~ ;:s -.;.' (" e~tJ~ ~ISi4 (!tlYc#II.'''' A6~v/~ 1 "'fM 13 "/f/' 'L N 8y the residents of C011ege Estates and surrounding areas Nt.e Address Date Signature -..I~ ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- . ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- ----------------------------------------------------------- -----------------..------------ ---- -------------------------- ----------------------------------------------------------- / g - ~5 ~.~1 Min1,Jfel J\lne 9. 1992 Paae 12 CoIm..n- w-e DIed ODe of Ibe critcia bldudad bl-culNrll upactI. ID nv\eWIDalbe rum It blduded twO MuicID Nldo...lc.1iIbt 0IhIr HiIpIDics. _ Black, . of dIoaa listed we. 1mIIl., for hi...... ad ~eom~ ' . " ~ Qruser Honon qreed wllb many of Mayor Nader'. concema ad awed It wu an GInIIIt1y lwei cIaciII~ ID JIIIke.' She wu wry ImprelMd with Ibe list of architacII but due to die lima frame ad fllnc!lnl. the felt mat the City would be neelvinl a beautifll1ly d.IJlled project mat Ibey could be wry proud of. Ibe felt dlat If Council nvlewad die top aiaht candldatal It would be wry ~"* ad dlDe coa--"'r ad alia di4 DOt feallba dlDe wu available for IIUCh a re9iew. , wm aN ymQN: _r--'..4 S.1~1 wid! NaIler ...., I ~ I f an4 Malcolm "-""'1.". Mayor Nader nqueated !bat Iba CIty act docket, UDder Mayoi" C---, lor 7/21192. _lIIditlllbe' CoWlCil policy for die Mlectlon of architectl. Councilman Malcolm retlll't\ed to Ibe diu at 9:43 p.m. 13. USOumON 16611 APPIlCMNG AGREEMENT' BETWEEN THE muNrY OF SAN DIEGO, SOUTHWES11JIN COMMUNITYCOUZGEDISTIUCT.ANDTHEu 1 iPOaCONS'1'1lUCttON,MAIN1'I!NANG AND OPERA11ON OP THE sotmiWES11!RN COUZGE nANSlT aNTER. . Council COtIIidared this !rem at Ita 5/5/92 _tinS and rtqutlted additional Information on Ibe project. Staft' recommenda CouncD approve: 1) Ibe rtlolution, and 2) Ibe ConcepNaI Site Plan Alternative 1 u mown In the FeuibWty SNdy. (Director of Public Works) CoDtinued from die 515192 meetinJ. WDliam G\IaWIon, Transit Coordinator, summarized Ibe project. CouncDtnan \lindone requelted clarification of Ibe dlfferenc.. of the plan. apeclfically reprdlnalbe aIt from Ibe colleae 1In Elmhurst 5creet and the flow from Ibe collele exita. . Mr. GUltar.on lUted Ibe primary chanae wu the !lland beina extended to the Welt. It would "crePte Ibe uaftic comina out of the coUele on Elmhurst atenaion from the bua traffic that would eilber meree Into the Elmhunt area or to circle around an exit on Otay Lakel \load for the bUlaI budlnl .outh. Councilman Moore quaationed wbelber there wu landacapina on the wand and the number of routtI to the coUele In die fall. Mr. G\IItafaon preaented a conceptual clrawina of the Iiland and landlcapina. He stated that tbtre would be four rout. whIcb wu ODe lall route, but they would be adc!lnl all day ..mee OD Ilo\Itt 709. It would be I... ro\IttI but more frequent ltI'Yice. c;w....n...." Malcolm queationtcI wbttber there would be addlticma1 bUI trips - the nnslt -- wu comp\eted. He alao queatlcmed wbetber b\IIt. would be allowed to Idle In die bays. Mr. G\IItafaon rtIpODded that there would DOt be addlticma1 bUl1rips next fiaca1 Jlar but die fact that the center wu Ibere would enable them ID upand ItrVice over Ibe JIarIIf needed. He lUted Ihert would be a lay11ft!' for aome of Ihe ro\ittl, i.e. between five to NveI1l111nut... Ml)'Or Nader cpaationed what new IrIffic liJllaliutl~ would be Included. Mr. Gllltafson responded that a new aiJllll would be placed at Ibe intIrItCtIon at Elmhum and Otay 1AkeI Road. ' /5-t6 itQ-~ ~~ Mizlutel .JuDe 9, 1992 'lie 13 11IIlaIIowina peopl. 1pOt. ID opposition to Ibe 1rIDIit CIIIIIIiI' due to aDCIII1II fIl air poIIh'tloa, DOite poUlItioa, ~ 0( CIpII'I lpaCl, COllI ID9Olwd, 1imirecI paddDa. ad .-Ibedc YIlue: I IIIpne Dmbem, 1618 Elmhum Slnet, Quia VIIra, CA 91913 , j I)aWD Dmbem, 1618 Elmhum SU'ltt, D1u1a ViIta, CA 91913 Do~d C.1odi., 16S4lrbaca, Quia ViIta, CA 91913 leathy Hibbard, 1651 Gotham SU'Itt, QuIa VIIra, CA 91913 John F. Markham Jr..I663 Gotham SU'ltt, Quia ViIta. CA 91913 lCatberiD. Belo, 875 Ota)' Laka Road, Quia ViIta, CA 91913 Cecilia Vuquez,171 Dray Lakes Road, D1u1a Vista. CA 91913 Samuel R. LoDpnecker, 1689lrbaca SU'Itt, Cbula ViIta, CA Robert !. Chaft'ee, 1641 Gotham SllIet, D1u1a ViItI, CA Veronica!. Jones, 891 Ota)' Lakes Road, D1u1a Vista. CA 91913 Urbon Jones, 891 Ota)' Lakes Road, Chula Vista, CA 91913 Mario Failla, 879 Ota)' Lakes Road, Chllla Vista, CA 91913 Margarete Failla, 879 Ota)' Lakes Road, Chllla Vasta, CA 91913 Barbara Lonaanecker, 1689Id1aca, D1u1a Vasta, CA 91913, was DOt pnMIIt when ailed to IpIIk. Tom Davis spoke in opposition to the ItIIr ncommendation and pnHDted pedti=l1D "t'.-Jdcm with 165 lilnaNres. He also nfernd to his nquest nlardinl the installation or a D'lftic lIP on Gorham SIlItt and Ota)' Lakes Road. He felt the Information relardina IW'W)' lIumbers sfwn to Council _ IDcomct. Stew Hams, 713 Brookstone Road, "204, Chllla Vista. CA, spoke ID NppOn 0( Ibe lid r---endation. Collllcilman Moore Informed the public rbat dlen was a lUte mandate to ImJaW Ibe air quality by IDcreasinJ the number or riders per car. J( the City did Dot Improw ridership die AIr Quality ControI.Board would set mandatory fees and fines. Therefore, the City was caulbt In die mIddlL 11II11111Dber 0( buMs would not be inCrtlSed due to the transit cellter, the tIIm arouncl would allow lifer lIIOYIIIIent for the bllSlS, but it would also mow the poUution doser to the homes. The question was whedIer it was die rflbt location and be felt CouncD shollld direct staff to come badt with a ncommen".~ far the _nd best ,lace. Collllcilman Malcolm ltated he was committed to public D'lnSlt but WllltecI to make it dear rbat the County of San DieJo could IIIOW forward with the project without the approval 0( the City 0( QuIa VIItL 1111 cmIy -II it was before the Council WIS because they _ requatinJ $250,000 toWards the project. He wanrecI to haw a transit center then bur did Dot want the pst taken our. The faculty putdnJ lot ID front "die CoUe,. could be udIiud IS a D'lnSlt center whldlwollld utIIir.e aIstInr paw4 arau. He did DOt feel rbat public inpur ha4 beallnduded earl)' -uP In tile project. He would lib to IIIId It Net to lid to - wbat could be done to lIDCourqe public panldpation, public avaIIabmty, ad to be abI. to _ die ap- O(tIIe JnA)' ana. . Co\nvIIwo... IUDdoM lUted he .we! on Ibe MeIropoIItaD 1'nuIIit DewlopIDIDf loud aDd r.lt a IrIIISIt aliter was needed He abo nferred to Ibe lUte --""ates IIId npJadou and IIated he was WI)' IIIIId1 nnsIt DriIIIte4. 'I'bIs was III ~OII where -- CIIII. fDrth _the time bad _ _Ibere needed .to be a balance. Most IpIIbn had ackDowIed,.d the need far . II'IIIIIt CIDtIIr ad be felt It IbouId be nfG'rtd ~ atafr to look for Ibe nut but 10000tIon. MS (II'-"-II~_Jer Hortoo) nfer ID lid to find "'~ ...,.c+1ate Iv tin a Jar the 1rIIIIk __ but DOt to place it wIaere It would 4o..tov.J Ibe _Ihetk IIuuty fIllbe CoIIep. /y- ~( AQ--~ IS ~, 1992 14 dIIIIID Moan lpIdoned whether die City would baYe to be a 1IIe=an and MIl die CoImty 011 die _ 1be CIty Council did not WUlt It 1here, 1IIIt dley would have to contributelllOft IIIODey IIDWII'd dp, ad .., 111ft to IUppCIft _ 1afrutNc:Nn com also. 3I1ID&cm ,.., ~a~t4 dlat tbt Countywuned to do wbat 11M City WIIItH lID do mid 1he City WIDtH lID iIat 1be public WUltH. They did Deed to 1IIk lID tbt CoIlep as 10IIII of 1be ..... diIcuIM4 ba4 bleD oDIIIIy ~ ad di,...:'-d. ICiImaD JUndOlll felt 1bert were OIher options to be COIIIldered, i... main parkIr1Ilot, IOIIdIeut portkm aID lot, Ota)' lAkes Road at 1he \Iue wttb ahutde aervlce to die CoUele," He felt 1hat Scrutbw lRt'D :p..-d to be a pod ~ and would work wI%b 11M CoImdlmld 11M Mfabbon. w Nader stated that die neilhborbood was brouIht iDtO 1he proceu ra1her late aad felt a lot of dme d lint beelllIvec! If there was a process early on where 1he public had beCI DOtIfied. He ~ :h1Mlcboads to _bUlh commlUlit)' plaMinl c_lb. rE ON M011ON: ....I'.vn.~ 'ttftW"'''''ous!)'. fOI Nader lnfonDeddle public of die existinl ordinanCe reprclJnl die acljo\lnllllent of a Co\IIIdI meet\DI lO'.30 p.m. UIIIess 1IIere was a motion to continue. Due to Mvera! mCDIben of 1he public waiI\IIl to :reD \IemS 0II1be a... he would prefer to 1ft 1IIe meetinl continued. fa .. aoeed . (NacIer/MUcallD) lID condDue 1be meetinl to bear IIIms Sa, 14. 15, c:.mcD 1"-. siIIII. ADIICbIr am. lID be condDued to 1he meetinI of J\IIIe 16. 1991- "OlyD Buder, f7 Bishop Street, Chull Vistl, CA 91911, stated .he hid requeated dlat 51 be pulled from : C-- Calendar and DOW requested thlt It be continued to the meetinl or June 16, 1992. .,.......... lie ww1cI __ biJ madoJIlID , If"... bID Sa lID tbt JIme 16. 1992 III' ~"I' t'f MIZIqer a- izIfonDed Counclldlat ium .,. required I 4/Sth's 'lOtI and nquemd dlat Co\IIIdI addrea ,titem. J1DIdImaa Malcolm requested dlat Item . be docketed for the meetinl of June 30, 1991- m (fi M011ON: .........._4 --..."""'us1y. 4. Dj>()J(f UGAJU)lNGnlEREQUESTBY1lOBERTOGRA'TIANNE,M.D..IOIlAUEN ," .GU!MENT IN UEU OF ru:ouriG A CASH BOND POIl'niE DEFERML OF PUBUC JMPaCMMI!NTS AT 6O"H' mEET . The owner of the property at 360 "H" Street Ia '.A\....tinlan aIatInr liDIIe faIIII1y weI1Iq c1be lite to a medical olfice. The City has required widenlnl and \nata1linl public tmy.v. wsv-- Ions the froDtqe of "H" StreeL The owner has applied for and was aranted a deftmI of 1hIa nquIremIDt IidI a CGDCIIt\oR a cub bond be poated !111he amount of '9,700. The owner has requestec! dlat 1be City ccept alien c1be ...6pert)' illatead of postinI1he cuh bond. ". directec! by Co\IIIdI at 1be 5112192 ...-... mila curranti)' ftY1si1111he policy reprd\nl the handlinl and ...,..v.aI of HaD ....-'\1& iowftwr, becauae 1bIa requllt was alruC!Y !II process Won 1he Co\IIIdI WerraI. staff Ia IUWolftlftJdIe 'tqIIIIt to Council for consideration. Staft'recollllllencls Council accept die report and., 1be appUcantl 'eqIIIIL (DIrector ofPu!>Uc Works) ...,. Nader statecldlat CoIIDcD would consider am. 14 and 15 1Im\I1tIMOUII)'. I~- (:;g ; A-9 ~30-- . . .. - TEL: 619-421-0346 Apr 6.94 15:19 No.001' P.02 . . ()i;t~ 10 o ~ ."a4n11.eloorcl AugIe 101_ ;, ~oroc.n .O\O!II'\Q. O.M.O ""0.8r11111h MoJo NOVOI~""" I N6t~" JoIcII>II M. CDI'Ie -.lnIencIeIIIlPr..denl MOVED BY GRIFFITH, SECONDED BY BAR!NO AND CARRIED, ~ APPROVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, CITY OF CHULA VISTA, AND SOUTHWESTERN COLLEGE FOR A FEASIBILITY STUDY rOR A BUS TRANSIT CENTER AT SOUTHWESTERN COLLEG~, AT NO COST TO THE DISTRICT. AGREEMENT FOR FEASIBILITY STUDY' -------------------------- STATE OF CALIYORNIA) )SS COUNTY OF SAN DIEGO) I, JOSEPH M. CONTE, SECRETARY ~ THE GOVERNING BOARD OF THE SOUTHWES~~KN COMMUNITY COL~RGR DISTRICT OF SAN DIEGO COUNTY, , CALIFORNIA, DO HEREBY CERTIry THAT THE rOREGOING IS A PULL, ~RUE AND CORRECT COfY OF A MOTION UNANIMOUSJ,' PASSED 8Y THE COVERNINe BOARD OF THE SOUTHWESTERN COMMUNI'l'Y COLLEGE DISTRICT AT A UITING HELD ON THE 14TH DAY OF FiBRUAAY, 1990. 24'~ );, (;..u RITARY COVERNING BOARD ~ . a -I1Ta~1- / y _. t, ; .--" --- --- --.- '.r' -.... -.. .... ........- . <<~ ~ ~ IoorCI ,..,,;, lotetlO ;0.-" .~. OM.O wry J. 5ttIftttl McJIO N'~tt-I'ennon A16t IChUItI'CltlQ .IOMP'I M. Coni' ~lnt,ndt"'/PIOIIdorI' .' CHULA VISTA CITY, SAN DIEGO COUNTY AND TRANSIT REPRESENTATIVES DISPLAYED ARCHITECTURAL RENDERINGS AND DISCUSSED PROPOSED ~RANSIT CENTER AT SOUTHWESTERN COLLEGE. SUPERINTEN- DENT I PRESIDENT'S REPORT -------------------------- STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO) 1, JOSEPH M. CONTE, SECRE'J,'ARY '1'0 '1'HE GOVERNING BOAJ\D OF "HE SOU'1'HWJ:STERN COMMUNITY COLLEGE DISTRICT OF SAN DIIGO COUNTY, CALIFORNIA, DO HEREBY CERTIFY 'tHAT THE lORF-GOING IS A FULL, ~UE AND CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY 'l'KE GOVERNING BOARD OF TH~ SOUTHWESTERN COMMUNITY COLLEGE DIS~ICT AT A MEETING HELD ON THE 8TH DAY OF KAY, 1991. 2~ '>'J1 (;..zi ECRETARY '1'0 GOVtRNING BOARD f- 7lJ ~TB~ _ _ _~__ _'-&::---;l1li pwtrlC:' . o ~ el.,JJJLq .,.. ~ lorn> ; .CII'CIOn .O.,m;. O.M.I) ...... J. lillllltn Marto ,-,,,.Pennon .AI!6(~g JcIMCt1 M. ConI. ~t\ItndtoV"..dllnl . MOVED BY GRIFFI~H, SECONDED BY PIRKAN AND CARRIED, ~ APPROVE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA TO CONSTRUCT A SOUTHWESTERN COLLEGE TRANSIT CENTER. AGREEMENT POR CON- STRUCTION OF TRANSIT CP:NTER , -------------------------- STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO) I, JOSJ::PII M. CONTE, SECRETARY '1'0 THE GOVERNING BOARD OP THE SOUTHWESTERN COMMUNITY COLLEGE DIS~~lCT OF SAN DIEGO COUNTY, CALIFORNIA, DO HEREBY CERTIFY THAT THE PCREGOING IS A PULL, TRUE AND CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVDNINC BOARD OF THE SO~HWESTERN COKMUNITY COJ..LICE DISTRICT AT A ~E'1'I.G HELD ON THE 8TH DAY or APRIL, 1112. ~ ~ r.~' CRETARY TO VERNING BOARD , ,it!j 9CO OIay 1.1*01 QQod. CtUo VI.,.,. CA 91910. (619) ..,2-6301 "AX C610n "'00346. ~..... ~ "'--:... 0I01I1ct .~_. w.~ _.. ww_v .'r. . o ~ ....,~ IoCPcI ~JaI- crdOn _owN";, DM,O WlyJ,Qrtlmtl ~o N'''I-Permatl ~ ~rt>t,g "..,.., t.I. ConI' >tMI,,,,,,,,,,/PrDlldOnl CITY OF CHULA VISTA/COUNTY OF SAN DIEGO PRE- SENTATION ON TRANSIT CENTER CONCEPT/LOCATION. SID HORRIS, JOHN LIPPITT AND BILL GUSTAFSON, CITY OF CHULA VISTA, REVIEWED SIT~ OPTIONS FOR PROPOSED TRANSFER CENTER ON SOUTHWESTERN COMMUNITY COLLEGE DISTRICT LAND. CINDY RESLER, STUDENT, ALSO SPOKE TO STUDENT TRANSPORTATION NEEDS. 'l'HE GOVERNING BOARD EXPRESSED IN'1'EREST IN THE CITY REVIEWING OPTIONS 6A, 6A1 AND 1B1 AND PROVIDING EXPANDED INf'OIU1A'l'ION, AS WELL AS INFORMATION ON RIDEnSHIP '1'0 THE COLLEGE AND THE SURnOUNDING Hf;lGHBORHOOD. THE DISTRIC~ WItL HOLD A PUBLIC HEARING ON TH~ TRANSFER CENTER CONCEPT AT THE DECEMBER 9TH KEETING. -------------------------- -- -- ....-.- TRANSIT CENTER STATE OF CALIFORNIA) )SS COUNTY OF SAN DIRGO) I, JOSEPH H. CONTE, SECRETARY TO 'tHE GOVIRNING BOARD or. 'l'HE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN OlIGO COUNTY, CALIFORNIA, DO HEREBY CERTIFY 'l'HAT THE FORBGOING IS A FULL, 'tRUE AND CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF 'l'HE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A HERTING HELD ON THE 11TH DAY OF NOVEMBER, 1992. . m (~U CRETARY TO GOVERNING BOARD .f}\~ /?~7.3 . __~_~ _ _.""",," ~.,O\O.(.'9).a2_630, FAX(.'9)G'~.~MTI~Co..~l)IIlI'lct TEL: 619-421-0346 Rpr 6.94 15:19 No.OOl P.06 o ~cn " "n"*'8 IeanI ~1aI_ 80rClCln .ownng. DM.D "'frY J 811!111" MoIIQ Nevot-PDImcn .NOt k:IUDrmorg JIIMpI. M. Coni. oc>or1nl....../PIeIiclenl A. PtJBL1C HEARING ON PROPOSED 'l'RAHSIT CBNTER, 7.50 - ,.00 P.M. STUDENTS CINDY RESLER, DENNIS JOHNSON, AND PATRICIO M. FLORES, AND COMMUNITY RISIDENTS JOE AND ELIZABETH BONNER, TOM DAVIS, ALLEN JONES, ROBERT F. ~ELLY, AND CECILIA V. VASQUEZ ADDRESSED THF. BOARD REGARDING THE PROPOSED TRANSIT CENTER. SID MORRIS, ASSISTANT CITY MANAGER, AND 8ILL GUSTAFSON, CITY OF CHULA VISTA, AND BILL LIEBERMAN, MTDS, ALSO ADDRESSF.D THE BOARD REGARDING THE MATTER. AT THE CLOSE OF THE HF~ING, PRESIDENT 8ROWNING ADVISED THE SOhRD WOULD CONSIDER THIS ITEM AT A SPECIAL BOARD MF.r.TING, OR AT THE REGULAR FEDnUARY 10 BOARD KEF-TING INASMUCH AS THE JANUARY MEETING WOULD BE HELD AT THE SOUTHWESTERN COLLlGE EDUCATION CENTER AT SAN YSIDRO. -------------------------- 'l'RANSIT CINTER STATE OF CALIFORNIA~ SS COUNTY OF SAN DIEGO I, JOElEPH K. CONTE, 8ECRETAltY 'lO 'lHE GOVERNING BOARD OF ;THE SOUTHWESTERN COMMUNITY COL1.1GJI: DISTRICT OF SAN DIEGO COUN'l'Y, CALIFORNIA, DO HF.REBY CERTIFY THAT !1'HE FOREGOING IS A PULl., TRUB ANn CORRECT COpy OF A MOTION UNANDlOUSLY PASseD 8Y '1'HR GOVERNING BOAltD OF THE SOU'1'HWES'J'&RN COMMUNITY COU.EGI DISTRICT AT A MlI'1'Im: HELD ON THI!: 'TH DAY OP DECEMB~R, 1992. . }h~ 'lO GOVERNING BOARD ~ /:5-7Lj' . ..," . o mrttMIEStlJ'n ~l:i:)kgE -'._1\II\g toard ~ 101Il'1O ~orCk>l\ .-*"G. DM.D ...., J. .,mnl'l MorIo NeYeI-~ JA/lJy scruoroorll ~M. Conte C)el'iI\IenOenl,PrOllClOllI CONSIDER SITE O? !RANSIT CINTER. ~ DAVIS, 1657 GOTHAM ST., ROBERT ~ELLEY, 875 OTAY LAX!S RD., ALLEN JONES, 891 OTAY LAXES RD, MARIA ISAB~L 'ARMER, 1363 PETERMAN DR., SAN DIEGO, JOHN LIPPITT, CI'1'Y OF CHULA VISTA, AND BILL LIEBERMAN, COUNTY OF SAN DIEGO, ADDRESSED THE GOVERNING BOARD REGARDING THE PROPOS~D TRANSIT CENTER. MOVED BY GRIFFITH, SECONDED BY BROWNING, TO AUTHORIZE THY. SUPERINTENDEN~/PR!SID!NT, WITH CON- TINU~D CONSULTATION WITH THE GOVERNING BOARD, TO NEGOTIATE WITH THE APPROPRIATE TRANSIT AUTHORITIES TO LOCATE A TRANSIT TRANSFER CENTER ON CAMPUS IN THE APPROXIMATE OR ADJACENT LOCATION TO THE PROPOSED NEW LIBRARY, AND THAT ANY AGREEMENT WITH APPROPRIA'l'E TRANSIT AUTHORITIES WOULD CONTAIN THE ARRANGEMENTS TO SUBSIDIZE THE RIDERSHIP OF PULL-TlM! SOUTHWESTERN COLLEGE STUDEN'l'S. DISCUSSION ENSUED WHICH INDICATED THAT WHILE ALL 7ELT THE LIBRARY LOCATION MIGHT BE BETTER ~N TMR PRE- VIOUSLY IDENTIFIED FRONT OF THE CAMPUS, FACING OTAY LAXES ROAD, AND THE BACK ROWS OF THE STAFF PARKING LOT (PLAN IB1), THERE WAS LACK OF CONSENSUS ON A MANDATED SUBSIDIZATION OF COLLEGE RIDERSHIP. THE GOVERNING BOARD REQUESTRD THE SUPERINTENDENT/PRESIDENT TO PROVIDE THEM A REPORT ON COMMUNITY COLLEGES 'rlIAT HAVE AGREEMENTS/ ARRANGEMF.NTS THAT CREATI A SUBSIDIZATION FOR 8'1'UOENTS. MOVED BY GRIFFITH, SECONDED BY BROWNING AND CARRIED, ~ AUTHORIZE SUPERINTENDENT/PRES1DENT CONTE, WITH CON- TINUKD CONSULTATION WITH THE GOVERNING BOARD, '1'0 NEGOTIATE WI~~ APPROPRIATE TRANSIT'AUTHORITIES TO RAVE A BANSI'!' CENTER AT SOtrl'HWESTERN COLLIGE APPROXIMATELY AT OR ADJACENT TO THE LOCATION or If HE 'ROPOSED NEW LIBRARY/ LEARNING RESOURCE CEN~KR. A~~=Q> /j- 75 t IfRANS IT CINTER ~0I0y\.CIII"-.s. Ch-'QVlltCl.C,","'10. (619)..2-6301 'AX (619)G10030&6 . ~tem Con'tt1UriIY C~IJ~ 0IIIr1Ct TEL: 619-421-0346 Apr 6.94 l~:l~ NO.UUl ~.U~ 'AGE -2- 'GOVERNING BOARD EXCERPT FEBRUARY 10, 1993 ---------------------- STATE OP CALIFORNIA) )SS COUNTY OF SAN DIEGO) I, .JOSEPH M. CONTI, SECRETARY '1'0 '!'HE GOVERNING BOARD OF '1'HE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, DO HEREBY CERTIFY THAT '1'HE FOREGOING IS A rULL, TRUI AND CORRECT COPY OF A MOTION UNANIMOUSLY PASSED BY THE GOvERNING BOARD OF THE SOUTHWESTERN COMMUNITV COLLEGE DlSTR AT A EETING HEL ON THE 10TH DAY OF FEBRUARY, 1993. ~~ If-J6 " INEORMATIOIS: ITEM November 9, 1992 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager VIA: John Lippitt, Director of Public Works FROM: Bill Gustafson, Transit Coordinator SUBJECT: Update on Proposed Southwestern College Transit Facility In February 1990, Council approved an agreement among the County of San Diego, Southwestern College and the City of Chula Vista for a Southwestern College Transit Center Feasibility Study. This study examined possible locations for a transit center facility at Southwestern College. In May 1991, the Southwestern College Board considered the recommendations of the Feasibility Study and approved a conceptual site plan which located the facility adjacent to Otay Lakes Road between the Gotham and Elmhurst Streets entrance to the college. In Spring 1992, the College Board approved a three party agreement among the County, College and City for constructing the Transit Center in that location. On June 9, 1992, this agreement was presented to the City Council for approval. Council rejected the recommended location for the facility and directed staff to look at other locations which would not impact existing grass or landscaping on the campus, and to encourage public participation in the planning process. Councilmembers Rindone and Horton were appointed to a Council subcommittee to facilitate transit facility location discussions. On October 5, 1992, a meeting was held in the Council Conference Room to discuss the proposed transit facility. Attending this meeting were Councilmember Horton, representatives from City staff, County of San Diego staff, Southwestern College, the South Bay Transportation Coalition, and residents from the neighborhood near Southwestern College. The purpose of this meeting was to re-examine this project by involving all interested parties and to identify other alternatives for the transit facility that might be acceptable to all parties. The meeting concluded With the understanding that City and County staffs would identify a greater number of possible locations, both on and off Southwestern College campus that might be suitable for a transit facility. City, County, and College staffs jointly identified additional sites; each site was evaluated based on criteria that took into account concerns expressed by the College, the community, and factors related to bus operations. (please refer to Attachment 1). These sites / i- 77 The Honorable Mayor and City Council November 9, 1992 Page 2 included the original four locations evaluated in the Feasibility Study and additional campus locations that the College previously rejected for consideration in the Feasibility Study. A second meeting was held on Friday, October 30, 1992, to discuss these various site alternatives. At this meeting were Councilmember Rindone, representatives City staff, Southwestern College administration and students, County of San Diego, South Bay Transportation Coalition, and the neighborhood near the college. The objective of this meeting was to reach a consensus on up to 3 site locations for presentation to the Southwestern College Board at its meeting on November 11, 1992 for further consideration. All sites on Attachment 1 were discussed; in addition, County staff had developed a few variations on these initial sites that were also discussed. The meeting concluded with the group reaching consensus on the following three sites in order of priority: Site 6A/6Al, Site IB1, and Site 4. As shown on Attachment 2, Site 6A/6Al are variations on a concept that essentially expands the existing CVT bus dropoff area on the Southwestern College campus ring road. Site IBl is a modification of the original proposal approved by the College and presented to Council on June 9, 1992. This proposal sets back the facility about 150 feet from Otay Lakes Road, is located between the Gotham and Elmhurst Street entrances, but utilizes part of the existing parking lot area on campus. Alternative 4 uses the Gotham Street entrance to Southwestern College and develops a "horseshoe" concept that would establish a bus dropoffarea on both sides of the Gotham Street entrance. Each of these proposals addresses the two major concerns about the original location on Olay Lakes Road expressed by both the Council and neighborhood residents: impacts on College landscaping, and on homes on the east side of Otay Lakes Road. Each option still is a concept; further examination needs to be done on traffic flow, and there may be variations on each concept that can be further examined. However, it is the intent of the City and County staffs to present these three concepts to the Southwestern College Board on November 11, 1992. Staff will update Council again after the Southwestern College Board meeting. WPC F,IHOME\ENGINEER\BILLG\287.92 /'1- It - - ~ - --.- II-T"f19CIf ~ I . - Evaluation of Possible South'Western College Transit Facility Locations Legend: 0 Good (2) e Fair (1) · Poor (0) 0iIeria 1 II I I II f 1 } J! ~ n "'I: "'I: I I Jj t Sites t f I I If ~ ~ i Ilf II) l.A. 0riSiJW hopoaal: a 0 0 . 0 a a . 0 0 0 0 B-.en Gotham.. 117 Ebnlnust (Opt. 1) 1.B. Modified hopoea1: 119 a 0 a a 0 b a a 0 0 0 0 Setback 100' from Otay Lakes Road 2.A. 0riSiJW hopoea1: 116 a 0 e e a e a . 0 0 0 0 ~~ of Gotham ( on 2) 2.B. Modified propoea1: a 0 e a a a . e a 0 0 0 Option 2 Setback IS aehind Tree Line (100') 2.c. Option 2: Setback to 114 a e e e e 0 0 0 e . e e Un swe Paddng Lot.. JUns Road 3. 0riSiJW hoposal: e 0 e 0 0 e . 0 . 0 . 0 North Parking Lot (Opt. I1s S) 4- Honeah_ Vatns ~1 a 0 e 0 0 0 0 0 e 0 0 0 Cotham 5. 'H'Stl'eetv.maswe 8 . e . e a e . 0 . . e a Stadiwn Eld:rance 6.A. JUns Road Option: Expand Exlatblg B_ rulo 0 e 0 0 0 0 0 0 e 0 0 Ana with Dropoff@ AcbnIn. Bldg. 6.B. JUns Road Option: v_ a 0 e 0 0 0 0 e . . . e Security Bldg. 14 '7. Vacant Lot: North 12 ke> e Comer H StlOtay L.ak.- e e e 0 . . 0 0 e . . Road 8. Off-6ite: South of 9 Te1epaph Canyon Road . . e 0 . . . 0 0 . 0 . If-7j ~ i.OO~ O! -. r= ~ Ice rr-4 - :r~ ~! <P~ W.... . "'* ; : CD ID 96- d-4 o O~ O.g === ::r ==='< CD .~ R)) c:={I 9 ~ d (ff>> c::::o D "'* o <P d "'* CD 9 _r- - l~i2 . I~ i If :. Ii B i 111 Ni I" /f-fo .I'ilil .~~I :1',lIi 'II ~ I !;I .II~!I jilli ~ =F- ~ "I t -I ~ . .-- ---- -. - W L- I()'. . ~~ L (,- ~ - \- .(' ~ .:1> . ) ) , ~ .' J - ( \.. - /' D /' /' /' /' -t /' ( J /'" D- /' ,--- /' /' ~\ ~ /' ,/" "J /' [)- ~ ~ :z: /" ,-~ ), / ) ~ /" -,--- /" )...\ ./' ) D- /' ,-~ /'" ( ) /' ,--- {'{~). ,- D. -(] '~I-' ) ~. ) I ./ \f ) [) "J\. ffD . LUJ r --'-==:J . E)~ ./ \. ./.~ rI / f- ffl ------_/ . t ~ - ~-; 1:)1 I b J -.... -- ) T1~ \ ) .~ )> t-1 " .. - r (--( \..-/ r \ ( \. .../ " . .." ) . . t (7 c' / , J-d;2. . ~ ~ ~ ~ -. ~ . I! ~ ~ ~ ~ , I I I - I ~ I I I - - ~-\ j~ I ./ \. co / (-) (-- """ r, ~"\ '-, '-,r--- P':-:=:: -' -' -' -' (,- . I . . ) ('- - J j I . --- --- '- ' r \ - - ~ Q./ \...... \./ ''''- \../ './ '--- - I I 0 "0 ( - .. -- - n ,- 0 -I I ( . I ) ; -' "- ~ - C) -I~I I I _I): I = ~I 1:11 ~ ~I~I l? t I :i' ~ " ~ ~I I I ~ ~ , -I I I ~ I =1 I N I . II I - :=I I I . -' I ~ I , . /' "\ I - '...- ::1, I - - . - , I "Ii I -1 --- -' . I . '---1 ~ 11 '--- I I ~~~~~~~~~~~~~~~~~~~ I lIS' f3 r\ ,...- , -- -.---------- .- ~._- ---_.__._.~--_..- . :::0 I -, r -F If) I 0 10-/ :;; :) I I )> " (J) 0 I I -,r, r ( '--<- -I I I ) ( \ I '-- \' C ,J I I t~ ,..-~ (>-t-<: I I \ ' '"1 I I r I I '- t / \,..- ~ - i et ('- ~ I r '- ; p I I I r. ----" . -- ~ - - - J :rrr:IdJllITIl:n:rmTLrU-U ,I I - , I I I f.11 ~ , ,I I .. ~ .... .... 0 I I ~ .---..... f;1 -\ ~ r, '- I I -I ~\"/r' ,-I ~ \ '" I -- -" '-.. ) ~ I I r 0 , " :> I I )> /~- s1 ~ (1) 0 ~{~ :- ~~ - ~~~ - - -- CllY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION November 30,1992 File: DS-030 Mr. lohn Wilson Director of Business & Operations Southwestern College 900 Otay Lakes Road Chula Vista, CA 91910 Dear Mr. Wilson: Subject: Transit Facility At the Southwestern College Board of Directors meeting on November II, the Board requested some additional information on the proposed transit facility at the College. This information included: existing and proposed Chula Vista Transit (CVT) service at the College; how the transit facility would function both currently and in the future as additional transit facilities are implemented in Eastern Chula Vista; and a breakdown of the estimated cost of the project. The attached information discusses these questions raised by the Board. We look forward to discussing this project funher with your Board at the December 9 meeting. Thank you for your continued assistance on this project. Sincerely, W~GU~~ Transit Coordinator cc: Sid Morris, Assistant City Manager George Krempl, Deputy City Manager lohn Lippitt, Director of Public Works Larry Watt, County of San Diego WPC p;aOMElENOINI!EII.\B1LLO\362.92 /J-f5 276 FOURTH AVE.'CHULA VISTA, CALIFORNIA 91910 (E,1Q! (',91 SU~1 EXISTING CVT SERVICE TO SOUTHWESTERN COLLEGE Four CVT routes currently serve Southwestern College: Routes 704, 705, 709, and 711. These routes are shown on the attached CVT system map, and route schedules are a1so enclosed. Three routes terminate at the College; Route 709 continues on to the EastLake area. Due to current operations constraints at the College - primarily traffic and insufficient space for buses - only Routes 704 and 711 enter the College campus; Routes 705 and 709 stop on Otay Lakes Road. The current situation results in two main service impacts for Southwestern College transit riders and CVT operations: 1) since not all CVT buses pick up/drop off College riders at one location, the system's ability to coordinate service and schedules is impacted; and 2) the two CVT routes that enter the College experience lengthy delays at times during peak College periods. The following table presents various information about each route including: number of weekday trips to the College, boarding and deboardings at the College (ons and offs), College ridership versus total route ridership, and percent of College riders compared with total route ridership. Please note that this data is from FY 1991-92 (fiscal year ending June 30, 1992). Current No. FY 1991-92 At Southwestern College Route College of Trips No. of Trips Daily Ridenhip to College to College Ons Offs Total Activity Total % of Total 704 21 21 406 265= 671 1,128 59.5% 705 26 22 55 58= 113 791 14.3% 707 -- 11 86 118= 204 366 55.7% 709 18 11 36 72= 108 311 34.7% 711 13 16 90 53= 143 255 56.0% 78 81 1,239 2,851 43.5% FY 1991-92 Southwestern College Routes Daily Data In July 1992 Route 707 was restructured to no longer serve the College; however, additional service to the College on Routes 705 and 709 was added. The total number of trips to the College currently is 3 less per day compared with last fiscal year. As indicated on the table, College ridership on thesp routes last fiscal year was 1,239 persons daily which was 43.5% of the total ridership on these routes. WPC F:\home\enpn_\biUg\340.92 Page 1 /f-pc::- CVT schedules to and from the College attempt to accommodate peak class start and end times; during these times, all four CVT routes are at the College. For example, during a ID-minute period around 12 P.M., all four CVT routes are at the College (on campus at Otay Lakes Road) with five buses in service (an extra "tripper" bus is used on Route 704 at this time to accommodate the heavy loading). During other times of the day not all CVT routes will be at the College concurrently. The primary reason all CVT routes serving the College are scheduled to arrive/ depart simultaneously at peak times is to maximize vehicle capacity by spreading the ridership demand among all the buses. However, this allocation of riders does not work well under the current situation because all buses are not at the same location. Most College riders tend to prefer the on- campus Routes 704/711 rather than Routes 705/709 which means walking to/from the campus and crossing Otay Lakes Road. At the present time, transfer activity on CVT routes in the vicinity of Southwestern College from non-College riders is minimal. A recent survey on Wednesday, November 8, 1992, of individuals transferring from one of the four CVT routes to another route indicated seven transfers. Minimal transfer activity is to be expected presently because of limited transit service east of the College. A more detailed discussion of future transit services is presented in the next section, "Future Transit Service". In summary, a transit facility at Southwestern College would improve current CVT operations as follows: Provide a terminal point for the CVT routes serving the College. Enable better coordination of schedules and services for Southwestern College passengers. Improve access for CVT buses to and from the College, resulting in greater operations efficiency. WPC F:\home\engineer\biUg\340.92 /,'?- P7 Page 2 FUTURE TRANSIT PLANS Preliminary Findine:s of the South Bav Public TransDortation Plan The attached South Bay Conceptual Transit Network shows the proposed light railliries, bus routes, park-and-ride lots, and a transfer facility at Southwestern College. Another graphic shows the proposed light rail concept only. This plan would be implemented in phases as development occurs; the time frame for total implementation could be 20 years or more. Park-and-ride lots would be located on the proposed rail alignment at Plaza Bonita, H Street/Terra Nova, Paseo del Rey, Otay Ranch Transit Center, La Media Road, and Caliente Boulevard. Additional park-and-rides are proposed at Orange Avenue and 1-805, EastLake Business Park, and East H Street at Paseo Ranchero and Ridgeback Road. The function of the Southwestern College facility will be two-fold: The first and primary function is a transit destination for students, faculty and other College employees. The secondary function is a transit access and transfer point for the local community. However, as transit facilities are expanded in eastern Chula Vista, transferring activity for passengers from outside the general area will occur at various locations: EastLake Park-and-Ride, Otay Ranch Transit Center, or Village 1 Station. The long-range conceptual transit network shown on the attached graphic shows 5 routes directly serving Southwestern College, one more than currently serves the College. These routes are numbered 1 through 5. Route 3 is a new north/south route serving Rancho del Rey and Otay Ranch; it would stop at the Village 1 Light Rail Station and provide service for College destined riders transferring from the light rail line. It should be pointed out that these plans are conceptual. However, a significant number of new bus routes to the College is not anticipated. Plans envision a restructuring of service to meet changing development patterns and ridership demands, and ereater frequency of service for passenger convenience and to meet anticipated increased demand. The primary functions of the Southwestern College transfer facility will be now, and in the future, to serve College destined riders. Its use as a transfer point for non-college riders will be a secondary function, and this function will change as transit services are developed. The phased implementation of the long-range plan will provide more transit ridership options (for instance, the EastLake Transit Center; various park-and-ride locations, new bus routes and the light rail line); the Southwestern facility will be only one of many transfer locations. As a transfer point, the facility should serve individuals within a limited radius of the College (up to about 2 miles). Most riders beyond this distance west of the College would find it more convenient to transfer to CVT routes west of 1-805; riders to the south and east will have more convenient transfer options, or direct services to their destinations. Based on current and projected CVT transfer activity, it is estimated that transfers at the Southwestern facility should be between 5% to 7% of total College destined ridership, or between 100 to 140 people daily. This estimate assumes: future college destined trips of 2,000 daily (compared with about 1,300 trips currently); and transfers increasing both as development occurs and population increases in the eastern parts of Chula Vista. WPC F:\home\engineer\bWg\350.92 y-YS' , . t tf" .~ . .It:! . \'. . \........' ..... '11" .,' I" ,..! '1r '. ..'Oi\llIlIO".,...~.".. 'Ii' U" .: '~.. " . -~~, '.: )#'''~~j..'.'.;:~ . "4\#' # .: r -'"j '.. '~".' \ ..~t.....~....t : '(~\. "," ,....... "_H" .-. ,',; .' ((\~ ., .",.' 1. :-. '~'.,,\O #" ,'"'. ,.~.,.~~..., ._ .r "!ole ".'" ,."... ... .~, _'. _,-~e~"1J '" " ,-, ~.:.\,.;.., ...--'0('" 'III '-.'. '>'~:"'Ii.. i~ ,11" "' ,,'0''''.5 ..'. ~&' ". ~ .. ~o"': ..., .::J .\ , , ',,,., :." .9- t.- ,:," . : , CD , .- . --.-- \, , ,; a ,.J ,... "'-1.: OI:Y vajje;"Rd.' 'It... ' #-', ~. "J ...."'.._...... ',i- I. -~ ........... '" '" '.,.:.: '. ,. ..-." "; ... . 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MTDB South Bay Conceptual Transit Network /t-t1 ...."'0. ~~., ~". ,;I- q<,p )" >"~'-'. o,"Jo '~'. ,.{of~_ '<'*'~Ii: "....cr. \:r: .d~':'C ... ::t :0 :~ .....j~ o 2 Miles Approximate Seale Existing Rail Proposed R.iI Existing Bus Proposed Bus Rail Station Park-N.Ride Lot Transfer Facility - 111011111111 - o . . CITY OF SAN DIEGO STUDY AREA J.,r ;;.oo.:,~,.:._.._.._.._.._.._.._.._.._.._.._.., ;'0 / . ./ LEMON ./ 0 GROVE .........'.-...-...w".-........ ....... ........ ,h....:....=:~;~_.._/. _/_. .._..-.':~_.. .0 ..............w...........l """"'..,.":,0...0"""""'.'.'0.""""""'".". '7~ATIONAL CITY "': .~ SAN DIEGO COUNTY l \ \ San . Diego . Bay \ \ \ \. \ \ .' ./ ..' / ,.. ~ .......... M. . Parad~e "\'-a\\1N .. Sweetwater Re&~ojr &1 @. Upper Olay Reservoir ,,51. " 9? ~ o :", ~ :~ ~ .. !t . ,-51. .~., V'~' .... Orange Ave. Lower Clay Reservoir """"'.@y.. :~ " IMPERIAL BEACH OTAY-NESTOR ! . I .................... Olay M... Border Crosoi 2MII.s Approximate Scale MTDB South Bay Conceptual LRT Network -..- Existing/Proposed Freeways Study Area Boundary San Diego Trolley (Existing) Proposed Alignment LRT Stations Under Study -0...... ~....w 111111111 . '{-if} SOUTHWESTERN COLLEGE TRANSIT CENTER ORIGINAL DESIGN COST ESTIMATE $1,150,000. SITES 1B AND 1B1 COST ESTIMATES ARE BASED ON THE ORIGINAL DESIGN ESTIMATE. CONSTANTS ARE: DESIGN, ADMINISTRATION (PROJECT MGMT.), CONSTRUCTION INSPECTION, IRRIGATION, PLANTINGS, SHELTERS, STREET FURNITURE AND (1) TRAFFIC SIGNAL. THESE CONSTANT COST ESTIMATES TOTAL $ 750,000. VARIABLES ARE: DEMOLITION, GRADING, PLATFORM, CURB & GUTTER, ACCESS TO SITE, PCC CONCRETE, AC PAVEMENT, REPLACEMENT PARKING (VISITORS LOT AND/OR FACULTY LOT) AND 15% CONTINGENCY. SITE 1B: CONSTANT COST ESTIMATE... VARIABLES COST ESTIMATE.. 15% CONTINGENCY $ 750,000. 280,000. 150,000. $1,180,000. $ 750,000. 350,000. 165.000. $1,265,000. SITE 1B1: CONSTANT COST ESTIMATE... VARIABLES COST ESTIMATE.. 15% CONTINGENCY NOTE: THE 1B1 SITE IS MORE COSTLY THAN THE 1B SITE DUE TO THE REPLACEMENT PARKING AT THE VISITORS LOT AND THE RENOVATION OF THE FACULTY PARKING LOT ASSOCIATED WITH THE 1B1 SITE. SITES 6A AND 6A1 AT THE EXISTING BUS TERMINAL WOULD BE UTILIZING EXISTING IMPROVEMENTS AND WOULD BE AN EXPANSION PROJECT RATHER THAN A NEW SITE PROJECT. THE COST OF THESE IMPROVEMENTS COULD BE ESTIMATED BETWEEN $ 800,000. AND $ 900,000. TOTAL FOR EITHER SITE. /J-l/ ..--,,- _I) --cS' ~ /~ / o ..--, I-~ /~ o /\ -~ ..--, ~ ./' ~ ./' - I I I W#m7aj~##moo \\\\\\\T 1 T . -' T T T T T T T T T T T - ..-- '\ ..-- '\ ..-- '\ /" '\. ..-- '\ - ~.~[:'D~19-:!~,..L~r:i:cl=6:::r1={:D~:=-:l_.u-L_.u oJ r--o o o . ~ll [I '" l ~,.." " 1 _ i'---. -" _)1 '-. -: \ -:::: \ -." 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I I I I I: [ I ~ I, J I' I I ~1 ~), L..-/ ~~ " ~c]~r:::r . r--o:-.== ( ~:-;-, --- , -'Cl:-,Lt::'T .JrTlll - - QJ. r" ~ , ~V '-. ~'.... ,Qlq (~ ) \. ./,- /' /" rJ (IDl~t{ () "- f"iLI} ----" c:: ( ) -v .--/ .......---- -- -- . ::::: .--/ -- ( /~ - I'---.. /' - "--- - .- ----" -- ...:: '\ '--------- /' ( .--/ '"V -- "-... /' '- / .-- - -" -- ::::: \- / / .--/ n '--------- ~- - .--/ '--" // 0:' \'--------- /' ,~( ') ~V I:: -- / "-... .--/ ( -'\---... / ...- '--.. -::-- "-... /' // - '--- .......-" /::.. \ // , V / \ - / '-----.., / -- ( -- "--- .-- / \. ) / L --- '\ l ) ~ /1-16 <C '-91 ~ ( --....) ---) ---...... / -=s I --- ~ { . ,-- . .- (r:~}r~~(~ I~L " 1'\ <t ~ /f- '17 - . ~, ( \'" ---J- " '\ ,-\-u ) \ J )~\ V / ) '--- .~~ ~ =0 a_ J ~'" I \ J r J . '" ,-<^ ) "--:'=-LLL ( 4> ~" \1I\-r (l ) - , n--i rl " ~~~ l) I 1~~~3~ - C~= ~~ ( \ /' ~ --- --.... " .__n. <<~ Southwestern College 1V ;3/L L G- !/5TAt-So;J \} ", ,} . r Jj/9/'13 ,~~) TrrI;'1 <~If ~ ! J)' ~~ I. cP ~Jv >f ~yj' c);rY' fr FEBRUARY 11, 1993 Qo, emlng Board Augie Berene G GOlden Browning, DMD Jerry J. Grlff~h Moria Neves.Perman Judy Schulenberg Joseph M. Conte Superin .ndent/Presldent MR. JOHN GOSS, CITY MANAGER CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CALIFORNIA 91910 DEAR JOHN: THE GOVERNING BOARD OF THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, AT THE REGULAR MEETING HELD FEBRUARY 10, 1993, UNANIMOUSLY APPROVED ~HE ~OLLOWING REGARDING THE TRANSIT/TRANSFER CENTER: MOVED BY GRIFFITH, SECONDED BY BROWNING AND CARRIED, TO AUTHORIZE SUPERINTENDENT/PRESIDENT CONTE, WITH CONTIN- ING CONSULTATION WITH THE GOVERNING BOARD, TO NEGOTIATE WITH APPROPRIATE TRANSIT AUTHORITIES TO HAVE A TRANSIT CENTER AT SOUTHWESTERN COLLEGE APPROXIMATELY AT OR ADJACENT TO THE LOCATION OF THE PROPOSED NEW LIBRARY/LEARNING RESOURCE CENTER. YOU ARE INVITED TO A MEETING ON THIS MATTER ON FRIDAY, FEBRUARY 26, 1993, AT 11 AM, IN CONFERENCE ROOM A, IN MY OFFICE. REPRESENTATIVES FROM MTDB AND SAN DIEGO COUNTY TRANSIT ARE ALSO INVITED TO PARTICI- PATE. PLEASE CALL MS. ALLIE ROBISON, 482-6301, TO CONFIRM YOUR ATTENDANCE AND ARRANGE FOR VISITOR PARKING PERMITS. INCERELY, v..-,L--- VV\ ~ SEPH M. CONTE PERINTENDENT/PRESIDENT JMC:AR CC: MEMBERS OF THE GOVERNING BOARD KEN FITE, VICE PRESIDENT, FISCAL AFFAIRS JOHN WILSON, DIRECTOR, BUSINESS & OPERATIONS BILL LIEBERMAN, MTDB AL CASTILLO, SD COUNTY TRANSIT STEVE RON, SD COUNTY TRANSIT 900 Otay Lakes Rood. Chula Vista, CA 91910. (619) 421-6700 FAX (619) 482-6323. Southwestem Communl1y College District /J)-92 COUNCIL AGENDA STATEMENT Item I/' Meetbaa Date .11219. D'EM TITLE: Jteport 011 Soud:._>>tm.. eon",e TIaDIit facility Director of Public WOJb W City ~er ~ -o~ (4f5du Vote: V.Jo.xJ StJBku u;u _Y: UVIEWED BY: . At the JuDe 9, 1992 meetiq. Council COIISiderecla locatiOll tor a traDIit facility at SouthWlltlm CoUege IoeIted 011 Otay Lakes Road between the Ootbam aDd Elmhurst Streets _truce to the CoUese. Na1Iy ..ielma of the area objected to this IoeItiOll.at the CouDcil meetiq. CouDcil ntjectecl this tlaDsn facility location aDd directed ad to look at other locatiODS which would Dot impact tIItistiDa ....d'etpiDa 011 the CoUese campus, aDd also to eDcouraae public puticipatiOll iD the pl.....;I\& plOCIIS. C:C--";I"'embers R:iDdOll~ aDd HortOII were appoiDted to a CoImcil nbr""''''iUee to facilitate tIaDsit facility location dis,..,.etODS. DCOMMENDATlON: That CoUJIcil: I. Not pursue developiDa a trulSit facility at the ploposecI JocatiOll of the Southwestern CoUeae LiInaJy/I..eamiDa R.esource Center. . 2. Schedule a joiDt meetiq betwun Council aDd the South~.tem CoUlle Board to discuss the tlaDsit facility project. BOABDS/COMMlSSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 5, 1992, aU'-h"& was held iD the Council CoDf'InIIICe Room to discuss the fil'oposed trulSit facility. 'Ibis meetiDa was auended by represeDtatives from the City, Ccnmty of SaD Dieao, Southwestern CoUese, aDd residmts from the neiahborhood Dear Southwestern CoUlle. 1be meetiDa COIIduded with the lmderstaDdiDa that City aDd County stafFs would ielmtify a pater Dumber ofpouible IocatiODS, both 011 aDd off Southwestern CoUeae campus. that miaht be suitable for a trulSn facility. City, Ccnmty, aDd CoUlle stafFs joiDtly ielmtWed aclcliticmallites; ach lite was ~UatecI hued 011 criteria that took iDto accou.&it C!OIIcerIIS tIItpIWISed. by the CoUll" the oommUJ!ity, &Del fac:tors related to but opIIUiOIIs. 1bese lites are preseI1t.ed iD .&-...I."'mt 1. A lICOIIeI meetiDa of this poup was helel 011 October 30, 1992, to disc:aa ...... moas lite altaDatives. 'lbe objective of this meetiq was to rach 00DSeIIIUS 011111' to three Ute locatiODS tor pi ."'~OII to the South.".tm.. CoUt.e Board at its NCMmber II, 1992, 11I1-''''& tor OOIIIiclcatiOll. 'lbe poup NChed OOIIMIIIUS 011 three lites iD order of priority: lite 6Al6AI; lite IBI; &Del lite 4. Thele lites are shown 011 A..,"'-mt 2. lite 6Al6A1 are variatiODS 011 aD .,....iOll of the tIItistiDa CVT but drop of! .... 011 the Soutb1Vlltml CoUlle riDa road. Site IBl isa 1II""U;...tiOll of both the oriaiDal.......-J t;pJII'C'"CI by the CoUlle &DeI,.._Jllted to Co1mci1 011 JuDe 9, !992, aDd Site IB 011,&_.11 eDt I. 'Ibis ...~ lets beck the facility about 150 f_ of! o..y Labs R.oacI &Del _ part of u aiItiDa putiz!.; lot area. lite 181 was icleDtified by the II'OUP at the October 30,1992 meetiDa u a lite that 1"'~I:Ally oouJd /f-tfI "f-. '.Ie 2, Item-&.. MeedD& Date 411~194 meet Trmsit Operations objectives and the CODcerns of both Council and area ...idmts. Site" is . -horseshoe" desiiD that Illes the Gotham Street campus EtraDce and is perpendicular to Otay Lakes ~d. . TMse lites wwe ....<1 ,...... to the Somh-un CoU"e Board at ita 8111....' on N~ber II, 1992. At ~ meetina. the Board nquestecllOIDe adcIitioDal illfODDatiOD 011 the proposed traDIit Iaci1ity at the College. iDcluclina existina and propoled Chula VISta TmDsit ICVice to the Coll"e. 'J1Iis illformation was prllmted to the Board at i1a December 9, 1992 81"-;"'_ At this IIIMtiq, the Board also IOlicited &IODUDmts from the public. The Board indicated that it would """-;1111' the trUIIfer Iaci1ity IocatiOD apin at ill February 10, 1993 meetina. At the FeWuary 10, 1993 meetiD&. the Soatb-un CoU"e Board Ioyid".ed a location for a transit . Acility DIll the proposed new LiInlly!Lelmina Resource Ceate:r. This site is aIljaclDt to the Campus lUna Road in the existina puking lot next to Devore Stadium; aQ)eSS is ofI Eut B Street. This site is shOWD on Aaachmmt 3; it is also indicated as Site 5 OD .&-,.J""mt I. This lite raved the lowest ICOfe of aU lites evaluated in FaU 1992. On February 26, 1993, . meeting was held between City, County and Southwestern CoU.,e staffs to discuss this location. City lIIff'idmtified n1llDeI'OIII ooncems .bout this location inc1udina: additional operatina oolt for CVT buses; acceu izr.t..".....eD1s that would be needed both on East H Street and on campus; and the ';"';1\, of deve10piq a transit Iaci1ity with the new LibrarylLeamina Resource Center, wbich the CoU.,e antieipates would not be bui1t for at least five years. The three parties involved in this project. the City, Southwestern COU"e. and County of San Dieao . agreed that this location should be evaluated ftuther. The Coll.,e qreec:t to OOIdIet the udIitectural firm, LPA. workina OD the LibrarylLelmina Resource Ceate:r plan, and request LPA to address some of the development issues and concerns of. uansit facility at this location. A "'-;"1 was held on November I, 1993, with the College to discuss this project. The aaacheel Jeaer from John WIlson, Director of Business and Operations for the CoUeae. to Assistant City MaDa,er Sid Monis. prKmll the Colleae's commitment to a uansit facility at this location (AUa,..h"'mt 4). The CoU.e has ukeel the City to respond to this location for the uansit facility. A transit facility at this location has aevere aooess 00DJtraints for CVT buses. It would inczase CVT's operatina costs; it does not fuDction well as a trUIIfer location; and it would IWuIt in Jonaer trip time OD most CVT routes for aU pweqers, iDc1udina those destined for the CoU"e. ......".it P'aeititv P'UDcbODS Staff belilYlla traDIit Iaci1ity at Soatb-II-" CoU.elbould meet the foUowiq operaDOII objectives: . Improve CVT .-viDe to L~.a.1em CoU.e. . Serve as a tlaDlfer poiD1 for CVT.....: . Improve CVT operatina .meilDC)', iDdudina I'IduciDa operatina 00Its. '. There an two bus operations functions that abou1d be acbiwed to meet .... ob,iecdval: flllidt acceu to and from the Coll..e for CVT buses; and cenu:aJir,ation of aU CVT buses at .. location. CamDtly, there an four CVT routes that .-vi SoatbWIIteID CoU.e: IloateI 704, 705, 709, and 711 (I-"""'ct -.~ /ff-joZJ Paae 3, Item J t. Meetina Date 4/1~194 $ mows theae four CVT mutes). Route 704 IDterS the CoDcae CIZDpIII 011 Otay LIbs Road, aDd Routes 705, 709, IDd 711 baud IDd deboIrd put""lprS 011 OtayLak.. Road. 'l'hnrore. OI11y Route 704 eDtcrs tile CoII..e QmpUS. The a:iItiq CVT -.viOl to IoatbMltem CoD..e does IIOt IDIet two L...rotlwit ClplrlliOlll objectives of'qaick Icces. aDd bus oeatraJiatioa.. Route 704, which... the campus, apm-.cll delays of 5-10 IIIimJIes duriDa oenaiD times of day, particularly whea eou..e "'.-es me stanirI& or _"I..,. SecoDdly, aiDoe die four routes IIr\'iq die CoD..e do IIOt atop ill ODIloc:atiOD. bus ~P"'city illIOt IIIIcIlfticiently. Most lludeats WlDt to ride die bus tbat IIden the CIIIDp1D; tbenf'ore, Route 704 is oftea Dv. capacity while die other three routes that atop OD Otay Lakes Road me oftea aDder ""'pacity. c.tnliziDa the Iiuses ill ODe locatiOD is also --..'Y ill order for die nuit AciIity to acve u a OC)Ay.u_ traDsfer ,oiDt for IIOD-CoD... destiDed CVT puSeDaers. This traDsfer ,oiDt would acve .. cvr routes operatiDa ill the EastLake area, aDd avoid the Deed for aU CVT roateI to travel hID the IISterD part of die City to ODe of the three TroDey statiODS. When ~uatiDa the traDSit Dci1ity at the I"..posed LibrarylLeamiDa Resource C-ter lite apiDst the bus HrVice aDd operatiODS objectives discussed above, dlere me oenaiD advamqes aDd disacIvaDtaaes with this location. Attachments 6 aDd 7 mow how CVT mutes would be cIwIpd to Icces. this traosit facility. Mvurtacres SiDce this locatiOD is Dot visible hm either Otay Lakes !toad or East B Street, there will be DO ....tive IWal ill\P"ct OD IW'rOlII1diDa Deiahborboocls. - 1bere is lIIffic:ient space to develop a facility ill this .,. aDd DO appIftIDt lOll of ~ JaadscapiDa. CVT buses IIr\'iq die eou..e would atop at ODe loc:atiOD. thereby iIDproviq bus capacity nti1i...Uon. - 1be locatiOD provides ccmveaient aecet. for CoD..e destiDed pllt""lprS to die DOrth aide of the campus aDd the proposed Dew LibrarylLeamiDa Resource Cater. DiadvamaRes . Qat This lite would iDcnue CVT'. operatiq aDd capital 0CIIts. S1I&' I...... that ill order III _.;""';,, the _eo! CVT urvice level a tIaDIit AciIity ill dais JocatiOD would add Awo..a!_.wJy 1285,000 amnWIy to CVT'. operatiDa aDd capita1 0CIIts. This... iDcnue is clue IIoth to the addidCllll1IDi111 to .COII. the Dci1ity from East B S1NIt, .. ..tAI'!I tbrae buses OD aom.s 709 ael 711 aD ___IR";" ......~t.vice IwqueDcy ~... JJ.f!L_A . - . ...;.... die cost III,p-ct of'dais 10caIiaa em mati'!l CVT lII'Yioe). . .f.--'m the bI..~act.'.....t;aD... I .I!. the foDowiq probl_ for CVT Clplrllioas: · Time' 'I'bIre II oouiderable traf6c _wm, the CoD.,. Wort ..J...... IIXitiDa Ifter ..J..... a:.d whea there me apec;aJ ~eDlI or acavities at the eoueae IIIch II footbalJ pmes. Delays occar both pH-m";'!I east 011 East B Street, aDd westboW1d at tbe left -- ~- I f- /0/ Pa.e 4, Item } t Meetin& Date 4/12/94 turD sianaJ at the campus mtraDce 011 East H Street. For -....ple. 011 TuesdaY. JanIWY 25 and Thursday, Januuy 27, 1994, at AWIO";....tely 7:45 a.m., die Tlalllit Division A"mi"ictrative Analyst recorded the time deJay for two approaches to the 1110-'" trIDIit faeility lite. The time to Jd~ &om OIay LIkes Road and Elmhurst Street to the lite was 10 miDutes. This routiDa simulates cvr Routes 704, 709 and 711. The other approadI took about 6111iDutes, from OIay lAkes Road II01'th of East "II" Street (ID front of BOIIita Pointe Plaza). This routiDa simulates cvr Routes 705 and 711. Por the two cvr routes dlat jM.....-t to the 1f....I."" AnI . 709 aDd 711, dI.. delays would occur 011 both the inbound and outbouDd trips. nIUItiDa in ap to 16 minutes additioaaJ trip time per OIIe I'OIIDd trip. Therefore, without .,.--ive ofIiite imprcmmeDtI 011 East H Street, such u an exclusive bullIDe, buses would ecperiIDce lliJ1'iflcut delays 011 East H Street wbile enteriq and IIXitina the campus duriDa cctaiD time periods. Th, CoDeae bas committed to access improYemeDts OD campus 0DIy; ofF-tite ""O~II would be the City's respoDSibility. Traffic counts were takeD for vehicles eater:iDa aDd exitiq die campus via the East WJI" Street at~ess road. The counts covered the period &om 12 p.m. MODday, December 6. 1993 dlroUJh 12 p.1I1. Friday. December 10, 1993. The lftIaIe daily Dffic (AD1) was 8,220, with 4,260 vehicles II1terina and 3,960 exitiq. The counts showed definite peaks in traffic flow. aenerally coincidizla with dais IIIrt aDd eDd times. For example, ~een 7 a.m. . 8 Lm.. aD averaae 668 vehicles eatered the campus, or 16% of total daily II1teriDa vehicles. Another llil";ficant period for II1teriDa vehicles was between 6 p.m. . 7 p.m., eeD 445 vehicles. 100.4 of die totalll1tering vehicles, II1tered the campus. The major period for vehicles I.viq die ClUDpus was between 10 LII1. aDd 2 p.m., eeD aD avenae of 385 vehicles Del' hour exited, represeDtiDg 390.4 of all daily exiting vehicles. These peak times for vehicles cterina and 1eaviDa die campus would impact cvr operatiODS, aDd complicate cvr scheduliDa, &iDce schedules would bave to allow sufficieDt trip time duriDa peak traffic periods. It should also be Doted dlat these traffic counts did JIg1 include traffic ,eDerated byaportiDa 8YeDts (such u footbaI.I pmes). since DO eveDts were scheduled MeD the counts were taken. . Distance: The distaDce &om East H Street to die pI~ traDSit facility location is approximately 1/4 mile (pJ.se see AuachmeDts 1 aDd 6). Thererore, fIYWY time a cvr bus entered the campus. dlere would be an aWl()" 1m... 112 mill IOUDd trip clivellion from East H Street to the facility aDd retum. Routes dlat do DOt t-oi...te at thl CoD.,.. but ...-i"ue OD to die lISt (___111 Routes 709 IDd 711) would eater die CIUDpIII JIgdI on die outbound aDd iDbouDd trips. nnltiDJjD a ODe ",lie .....itimt to -"" .......... flip This diversiOD to die traDSit facility would lDcnue CVT'. operatiDa ooats, Nduce service frequeDCY due to m... ..ed travel diaIaDce. aDd is ID oat.of-diNc:liOD tIIV81 patter1I for Don-CoDege destined cvr ,.--aerl. . Noise' .ne eDUaDce road to die 'campus bas a ateep pade aDd dlere .ou1d be qine Doise &om buses acceleratiq MIlD IDterina die CIUI1puI and ~ bake DOUe eeD buses a.ii die CIUDpIII. 'I1IiI DOUe, aDd ..alt fumes from buses, could bave . Deptive impact OD aiatiDa naidenc. adjacent to die CUIpIIIlDtrIDce road d East H Street. . . ..u- 7T. /f-/LJc7-/ Pate 5, ltem~ u_, Date .112194 . ~ This JocadOll Macts from the facility'. fllDction u . tnufer point, putic:u1arly lor DOII-ColIeae cIestiDed "..~.en. Ita diatuce from Jut H Street, azul tbe oat-ol- dincdOll travel ,.-tor tbrouah CVT ""'-I.,,, ',r :",. w.imore widtm uuI ill; na<l'llli_t ..... tb. eon... is lICIt ill -aCID, II1II CVT .... ... _ I II t to die tIaUit 1IciIit1.... ..... are _ CoU.., deaiMCf ,."',.n. III -~, lias I [I' r, ill tenDI DI_ uuI ~ce IN" --.Jar diaIdvuIIpI to dais Iocaticm. Bus aCCIII tIlDe CID1IId be Jmp.h)~ ., _ -..".. traffic low ....~..... J .& ad ..bd1.. -lye .-site ....v. ..1.. OD Jut H Snet.. TIle eon..,.... ;...'i'CItecJ tIIat IDY off'oCUDJIIII ......v. I-would lie the City"'MpOlllibUity. HoMYer. fttID with ~ ar pnf..malllas II; ,.1Ire dilUce to tile locaIion from Eist H Street NVIJ'IIy cIcac:I:I from tbe tIIDIit &ci1ity'. ftmc:tiOD u . OIUf'er poinl 11IenIon, it is 1IIff'. nc Din'" 1IDdaD0II tIIat tbe City IIOt ptIIIUI .s.v.topiq . tIIDIit &ci1ity at dais Iocaticm. j.1temative T"-"tit ~ ~DD As a N1I1t of City IDd Co1mty 1IIff'. ( [r ~ wi ~OII of adcIi1ioaal tIIDIit &ci1ity 1ocati0llJ ill Pall 1992 '._..j,"'eDt I). ODe lite tIIat met CVT'. operatiq objec:dvel, ad CoaDciI'. objlCltive of lICIt foov~". aistiDa JlDcbcapiq GO tile IIIIDpuI, ..... Site IBI (.A~""'_t 2). This... wu also OOIIcarred ill by the poup coIIIideriDa mous a1tenIativ, lites OD Oc:t.ober SO, 1992. 'Otis... is a lII""ifiQtiOll of the site oriaizlally recomJDIIIded by the SouthWlltlm eoneae TJaIIIit CIDter PlUibUity Study ad approved by the CoU,.e Board (modified ill that it required nmCl'41 of JIll an- apace). Site lBI is located between the Gotham IDd Elmhurst Street etrIDCeI to lire CIIIIIpUS IIUt is..1Iack about 150 I. from Otay Lak. !load ad ntm_ part of ID aistiDa patkjq lot Site lBl ~ ideDtified by th, poup u a matiOll of Site lB (~-"""'eDt 1). Site lBl is IoCItecJ about 50 feet further 011 campus dwllB, ad 1JIII part DlID .,.;..;". patkjq lot TIle primazy advudIpI of dais lite are: _ It would meet Tnmit 0pIIID0DI objlCltivel DI quick IOCIII to tile CoIt.,e. IDd ceD1ralizaticm of bus ""*' at 0DI1ocaticm. . It serves well u a Tnmit tIIDIIer poinl . It IIIeeII CouDciI'. objectiw DlIICIt ~~... CUIp1II ...."-piaa. . It should !law DO ..... . ....h:{- ..._...1 ~d OD tb8111iah"""""cul. . Both M'lBD ad Coaaty III!ti n c tIIat dais . would ,..".;- ...u u a tllDSit facility. It is IIIB". Nt .., .....1fri0D tIIat CoaDciI 1CIIItduI. a joiIIt 1111-1". with lire SoadI_ J ItI... eon.., Board to IICDIIIicler a 1IIDIit tiaciIity at tbe Site IB I Iocaticm. ~ftM ImfJftJV8llleDU fill Otav IBM . ,..~ l If' IihIIIr CoUll"';! ar SoaIh-*D eon... do lICIt wish to .... a tIIDIit facility at the IBl .. (or at uy .....locatiOll off' Otay Ltbs Ilotd). IbID atd'.. '" -cb tIIat a trIDIit facility at the CoUeae lICIt be ........ed further, ad that CVT routes botrd ad deboud ....IIIICI at ItopI OD Otay Lak.Ilotd. It. DIW fn!ic aipallDd croaMlb will lie iaataJltd by S-......' I t94 at Gotham Street IDCI Otay Lakes aoe4 0II0e tbe aipraJ is aaiYIIId, eon... cIeItiDe;: CVT pl.,.. wilIllave a III. -y tiel aroas Otay 1..1... Jtoed wile boudiDa. cIeboardiDi CVT.... h "f.~.er aIDIIIiti.111Cb u aheIterIlDd"(?_/C3 . . ...-. I J' Pa.e 6, Item I" M~I Date 4112194 beDdIeI could be iDIta11ed em Otay Lakes Road. This ara would serve CoUea' destiDed CVT pusqen . ad also MrYe u a uusfer poim for CVT ,.,,-,en with miDor low 0CIIt imp.v.'1I _tit ...........rv A tllaittaciJjty at the ...~II~.td Library/l-"'"'a ReIoarce c.- wvuld w... evr. ~ ClOSt, nduce .-vice dcieDcy aDd d."..,. aDd nIII1t ill .. omrvtDi- ... ..... putiauJarly for DOD" ooU... deRiDed ~ pusqerl. Sd does DOt II( Q II ",IDCI pumaiDa a tIUIIit taci1ity at Ibis location. A trUJit fac:illiy at Site IBl, Jo.:-.... abcM 200 ft. oIfOCay LU. Road iD aD.ms.ma pIIkiDa lot, would meet CYT'. opatiDa objectives. If Site IBl II DOt a feuibl. aItImative lor the taci1ity, - IIaft" It( ,-v". _.Ir;.., minor mpita1 ~V.tol'- 011 OCay LabI Road aDd 1IoIrdiq"" dIboIntiDa all CVT ,.v-I" iD lbislocaSioo. . . . . mCAL IMPACI': The Co1mty rtf SaD Dieao lias cWieated a tDtaI oU9OO,ooo lor the Ldh_.um CoU.., uansit facility. Approximately SllO,ooo lias beeD apeDt to *te 011 pl.....;..' aDd _iF work; th_OR, $720,000 ,.....;... for Ibis project. It is iliff. apillicm that the tnDSit f&c:Uity 1ocati0ll at the LibraryJI..eamina Reaource Cater lite lias access aDdoperatioas poblllDl that aumot all be mitipted, ~eD with siJDificut d.iJD aDd eqiDeeriDa impro...m..'-,1IICb u _ChJSiVe laDe lor..... OD H Street ad priority ai-1".1iatiOD for bus. cteriDa aDd .utiDa the CIUDPIJI. JDcIadiDa oIfIite irIlpro.MUDtS IQch u these u part rtf the project would _cted aubstaDtia11y the S720,ooo ......;..;." iD the County rtf SaD Dieao', budlet for Ibis project. The Co1mty lias iDdieated that additicmal fcmds an DOt pailabl. for Ibis project. South_altern CoU..e lias 00IIIIDitted to amll ......~.- 10 0II1UIIpUI 0D1y; oIf-aite ......o.emIIIt& would be the City'. ~.poDSibi1ity.. Staff' also lltimates that a traDlit f&c:Uity at lbisloc:aticm would iDcnUe CYT'. _- - iDitiatly by $215,000 annually ill order to _.;....;.. the CllfteDt CVT ICYice 1M. J-"""'ents: A-"""'ent 1 - ,A."''''''''eDt 2 - A,..,.t.""ent 3 . A_..h"'ent 4 . A...~h""eDt 5 . ~_..h"'ct 6 . "._..h"'ct 7 . A-"""'mt 1 . ~-~"'eDt 9 . ,~...~""'_t 1 0 . AJtemate TIaDsit facility Matrix Transit facility Sites IBl, 6Al6Al, aDd 4 South..-ern CoU..e Board "'t"CI~ TIaDIit facility ~OJI Letter tram John W&lJoD to Sid Marris ExistiDJ CVT batII to South--"I- CoU..e Map CVT batII .... COU...:....tNv..td Tauah fac:iJity (ara) CVT Raae. .... CoU..-rI"v,..cS Tnuit fac:iJity (dIailecl) ~..... CVT 00It to .-ve COUep..ppnmcI lite CouDcil ApDda "'-eDt A ~ 01 JaDe 9, 1m ~yt w;..- tram Soada_.a'- ('oJl... Board WMG'F1Ie: 1)5.030 WC.- .laIID---'-....,..". ~ /.~- /;)-1 & Page 6, Item ;}.. 0 Meeting Date 812/94 FISCAL IMPACT: The County of San Diego has dedicated a total of 5900,000 for the Southwestern College Transit Facility. Approximately S180,ooO has been apent to date on planning and design work; therefore S720,OOO remains for this project. Additional funds required for the facility could come from City of Chula Vista TDA Article 4.0 funds. File: DS-030 WMG:SB m:~""'cc:nIr.wm.a 1172194 . . ;/ -.t?.5 COUNCD.. AGENDA STATEMENT SUBMlJ u~O BY: Item ~O Meeting Date 811/94 Report on Joint Meeting between City Council and Southwestern College Board to discuss Southw~. <jDege Transit Facility Project Director of Public Works ~ City Manager ("/5ths Vote: Yes_No...xJ ITEM TITLE: REVIEWED BY: At the April 12, 1994 meeting, Council considered the attached report on the Southwestern College :Transit Facility. Council adopted recommendation #2 only which was to schedule a joint meeting between Council and the Southwestern College Board to discuss the project (Council did not adopt staff recommendation #1). The joint meeting between the College Board and Council is scheduled for Wednesday, August 10, 1994 at 6:00 p.m. at Southwestern College. The purpose of this report is to provide information to Council and Southwestern College on the proposed project prior to the August 10 meeting, and to receive any direction from Council to assist in preparation for the meeting. RECOMMENDATION: That Council accept this report. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached report which Council considered on April 12, 1994 discussed the proposed transit facility project in detail and presented City staffs reasons why the College's proposed site at the future LibrarylLeaming Resource Center (LRC) does not meet the City's objectives for a transit facility. These objectives are: . Improve Chula Vista Transit (CVI') service to Southwestern College, . Serve as a transfer point for cvr routes, . Improve cvr operating efficiency including reducing costs, and . To meet the transportation requirements of all cvr riders including Southwestern College students, Bonita Vista Middle and High School students, and the general public. At this point the City and College differ on the recommended site for the transit facility. The College recommended site is identified on AttI~hment 3 of the IlUached April 12. 1994 report and is also shown on the Att.~hment 1 (evaluation matrix) as site S. The College recommended site is located on the north side of the campus near the perimeter campus road and Devore Stadium in the vicinity of the proposed LibraryILRC. Access to this site would be from the East H Street entrance to the campus. The City staff recommended location is site IBI, identified on Attachment 2 of the April 12, 1994 report. This site is a modification of ,j-//) 0 Page 2, Item ;;. D Meeting Date 812/94 the site originally recommended by the Southwestern College Transit Center Feasibility approved by the College Board. Site IB I is located between the Gotham and Elmhurst Street entrances to the campus, but is set back about 150 feet from Otay Lakes Road and utilizes part of an existing parking lot. Following is. a summary of the advantages and disadvantages of theses two sites: Site 5 (Collelle Recommended site) Advantages: . Visual Impact - Since this location is not visible from either Otay Lakes Road or East H Street, there should be no negative visual impacts on surrounding neighborhoods. . Landscaping - There is sufficient space to development a facility in this area with no apparent loss of existing landscaping. . Bus Service - CVT buses serving the College would stop at one location, thereby improving bus capacity utilization. The location provides convenient access for College destined passengers to the north side of the campus and the proposed new LibraryILRC. Disadvantages: . Cost It is estimated that this site would add approximately $304,000 annually to CVT operating cost (page 3 of the April 12 report, and attachment 8-A). Please note that Attachment 8 has been updated (8A) to reflect CVT's operating costs for FY 1994-95; the original attachment 8 was based on FY 1993-94 operating costs. . Access Several disadvantages exist including: time, distance, and potential noise impact (discussed on pages 3 and 4). . Transfer function The distance of this site from East H Street detracts from its function as a transfer point particularly for non-college passengers (discussed on page 5). . Safety The relative isolation of this site on campus raises safety concerns for passengers, particularly during early morning and late evening hours and at times when College is not in session. . Timing of development It is staff's understanding that the College LibrarylLRC will not be built for at least five years. Coordinating transit facility development with the LibrarylLRC raises two issues: , f- / j) 7 Page 3, Item ~O Meeting Date 812/94 I) If the transit facility is built now, perhaps five years in advance of the Library/LRC, the facility will not serve the present campus well; however, 2) The County staff has indicated it would like 10 implement this project in the near future, since it can reallocate the remaining $720,000 10 other projects if the Southwestern ttansit facility is not built. Site IBI (Citv Staff Suooorted Site) AB a result of City and County staft" s conceptional evaluation of additional ttansit facility locations in Fall 1992 (Attachment I . April 12, 1994 report), one site that met CVT's operating objectives and Council's objective of not impacting existing landscaping on campus was site IBI (Attachment 2-2 of the April 12 Report). This site was also concurred in by the neighborhood representatives who considered various alternative sites on Dctober 30, 1992. Site IB I is a modification of the original site recommended by the Southwestern College Transit Center Feasibility Study and utilizes an existing parking lot on the Southwestern College campus. Site IBI is set back about 150 feet from Otay Lakes Road. Advantages: This site meets ttansit objectives for a transit facility and provides the following advantages: CVT Doerations . It would improve CVT bus service 10 Southwestern College by centta1izing all bus routes in one location, thereby improving CVT's bus capacity utilization. . It would allow quick access 10 and from the College campus. . It provides a convenient point for CVT buses ending at the College (for buses not proceeding 10 the Eastlake area) 10 terminate and turn around before proceeding back 10 western Chula Vista. It also provides a terminus for future CVT routes serving the Eastlake area. . This site serves well as a transfer point for non College destined passengers. Other Advantalles . Visual Impact . This site, by being located in an existing parking lot, would have limited aesthetic or environmental impact on the neighborhood. . Both MTDB and County staff concur that this site would function well as a transit facility. . Safety - This site offers good visibility from both on campus and from Otay Lakes Road and should present no safety concern for transit passengers. i - ,/J f Page 4, Item ~ D Meetiug Date 1/2/94 Disadvantages: . Impact on Existing Landscaping - Although this site is proposed to be located in an existing parking lot, there would some removal of existing grass for buses to access this site from the Gotham Street and Elmhurst entrances to the campus. Some parking spaces would either be lost or could be relocated to a vacant area. Relocation would mean loss of some grass. . Alternative Tran.it Site If Councilor Southwestern College do not wish to pursue a transfer facility at the IBl site (or at any alternate location off Otay Lakes Road), staff recommends improvements on Otay Lakes Road to better accommodate bus passengers as the next best alternative. A new traffic signal and crosswalks at the intersection of Gotham and Otay Lakes Road would facilitate movement to and from the Southwestern College campus for CVT riders. Installation of a traffic signal at this location is being held in abeyance pending resolution of the transit facility project, since a transit facility off Otay Lakes Road would require a signal to function properly. Since three of the four routes currently Southwestern College do not enter the campus, but stop on Otay Lakes Road, the installation of a traffic signal would result in pedestrian movement to and from the College for CVT riders. Bus passenger amenities such as shelters and benches could also be installed on Otay Lakes Road. Advantages: . Capital Cost - Minimum compared to all other transit facility sites. Estimated improvement cost is between $100,000 - $150,000 (including traffic signal, crosswalks, shelters, and benches). . CVT Operating Costs - No major change to present CVT operating costs. Perhaps small decrease in cost since Route 704 would no longer enter the College campus. (Under this alternative, all four CVT routes currently serving the College would board and de-board passengers on Otay Lakes Road). . CVT Operations - Since all CVT buses would stop on Otay Lakes Road and not enter the College campus, bus capacity utilization would be improved. Disadvantages: . Southwestern College Service - Since one of four CVT routes currently enters the Southwestern College campus, College destined passengers who ride Route 704 would experience a longer walk between Otay Lakes Road and the campus. . CVT Operations - This alternatives does not provide the planning and operations flexibility offered by most transit facility sites. A transit facility would provide a specific central location in which buses could terminate, layover, or dischargeIboard i' f.-/t) :1 Page S, Item d. 0 Meeting Date 812/94 passengers and continue on to eastern Chula Vista. A transit facility provides more convenient transfer opportunities for passengers. ~nmmarv . The College preferred transit facility location near the stadium and the future LibrarylLRC would result in substantial operating cost increase for cvr, currently estimated at approximately 5300,000 based on the current fIScal year operating cost. This cost includes the additional' miles and buses that would be required to retain the existing CVT service frequency to the College. . The College preferred site, while meeting the objectives for further College development, does not function well as a transit facility for non-college destined passengers . . There currently remains approximately 5720,000 in County funds for the transit facility project. While a detailed cost analysis has not been done of all sites, City and County staffs estimate that any of the transit facility sites would cost at least 5720,000 to build. The County has indicated it does not have additional funds to supplement the 5720,000 remaining for this project. Any additional funds required to implement a transit facility could be supplemented by City of Chula Vista Transportation Development Act (IDA) Article 4.0 funds. . In October 1992, a number of additional sites were evaluated as shown in Attachment I in the April 12 Council report. Any site for a transit facility removed from the Southwestern College campus (for example' south of Telegraph Canyon/Otay Lakes Road) would cost more to develop and serve the College than an on-campus site, since bus shuttle service from a remote site to the College would need to be provided. . Making improvements on Otay Lakes Road would better accommodate cvr buses and passengers is a low cost alternative to building a formal transit facility. This alternative basically is an improvement to current CVT service to the College area. This alternative does not provide the operations and passenger service convenience and flexibility of some transit facility alternatives (such as site IB I), but from a cvr operations standpoint, is preferable to the College preferred location. A copy of this report, including the April 12, 1994 staff report, has been sent to Southwestern College. In addition, prior to the August 10, 1994 joint meeting, staff will send a meeting notice to approximately 570 households in the following areas: I) The neighborhood bounded by Otay Lakes Road, Rutgers Street, and East H Street (east of Southwestern College); 2) Residents in the area on and to the east of Buena Vista Wsy (west of Southwestern College). / ;s:>- II I) ~.../~ R7'rIJCHtttGuT ,. Evaluation of Possible Southwestern College Transit Facility Locations Legend: ~ Good (2) E> Fair (1) · Poor (0) _.'!""" . II I Criteria i I J J t u t II if Sites I t'll f J I ~ ~ I 11f l.A. 0riFJW Propoaa!: e 0 0 . 0 a 8 . 0 0 0 0 .eeween GotIua" 17 "lI\ll1lftt (Opt. 1) 1... Mo41fIedF.-r =- r-'. tL9 e 0 8 a 0 p 8 80 0 0 0 ....ck.J.l!5!:. fI'oID eta)' Lak.. Road z.A. 0riFJW Pn",par-'. e 0 8 a a 8 8 . 0 0 0 0 __UIDt~ A6 on:& 2... ModIfted ~_~ CMJ.1. e O' 8 a a a . a8 0 0 <> Option :& Setback 15 .ehbad n.' h.. ~). ~ 2.c. Option 2: s.\back to . ;"4 e e e e a 0 0 0 e . e e u.. ewe p.....,... 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Vista, CA 91910 Dear Sid: I h.ve enclo.ed the information from our archit.ct which yOu r.quested reg.rding the loc.tion and project d.lcription for the improv.ment. to our acce.. ro.d from -H" str..t and parking lot improvements near our .tadium. -' In r.f.rence to our commitment to the project, the District will be r..ponlibl. for the widening of our acc.ss road from -H" str..t and the parking lot improv.m.nts in the stadium parking lot. ~h. City/County would be r.spon.ibl. for the construction of the ~ransit Cent.r and the -fifth lane" for bus traffic. I have ett.ch.d the correspondence th.t Hr. Conte s.nt to Hr. John GOII in F.bru.ry regarding the approv.d .ite by our Governing Board. If you h.v. any furth.r qu.stiOns, pl.... contact .. at 482-6320. Sinc.rely, ~ )J1 'tt( d.,{J&o./ ~1K. Wilson, Dl:.ctor siD.ss and Operations JMW/ym . -+::-- r- . j . I L r ! . ----- cc: Jos.ph H. Cont., superint.nd.nt/president Zen Fite, Vice Preddent, Filcal Affairs .ill Lieberaan, Jrl'DB St.ve Ron, San Diego county 'trand t JcIm uU-.tI.1., CLt;y of ,.....,. ~ enclosure ' H :., ~ "- , . . ,., '-1 ~.~ -;; 1 - I I . i. . I If-Ilf;: .,H"r' 1WL~~ W\~~CC\\us A4-1 -- ....- .-- - .-..-- 110'" 0 \993 MEMORANDUM John Wilson Southwestern College FROM: Joe Yee DAre NOYember 3, 1993 TO: Rf: Orculation Description for the North Parking Lots and Transit Center PROJECT NAME: . Southwestem College PROJECT NO.: 93072.10 cc Dan Heinfeld, LPA Glenn Carels, LPA MEMO: . The entry drive has two lanes entering and two lanes exltin. the north parking lots via 'H' Street. At the 'H' Street Intersection there are five lanes fA traffic, two for entering the campus and three for exiting the campus. (See Alternative '8' diagram.) Connected to the entry drive Is a two lane semi-loop road travelin. two ways and linking to the campus rln. road. The semi-loop road will also be serviong the parking lots In this sector .nd Transit Center with six bus parking spaces for the Ioadin. and unioadin. fA pusen.ers. Nt altematiYe to the two-way semi-loop road wftl be to desfsnate It a one- way, 2 lane, road. (See Alternate IN dlasram.) The entry drive connedlns to 'H' Street will remain the same. The construction fA a ftfth entry drive line delfit::ated for bulllMces would require addltionallntrusJon Into the slope fA the stadium, Into the paled ..... west fA the hid house, and .ddltlonal heJsht to nrlalnIn& walls. ~uaIIy the Iktpe bank will need to be N-landscape, ICreeNna and saftenInI the intrusion d additional roadway Into the stadium ...... ThIs will need to be dont with the four lane entry drive also. I think that the ded'ac:atecI bus line ClIft be built ~d the visual Impact between . four lane road and a tve lane lOad Is minimal and can be resolved. . - -- Ij- //7 --41\ ~, ~ 'LPA ~-=~"!'I r~":rtrn I ........ ;)rl". 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"b,. ~ i " ~ ~ . . ) ~ J a I .o,""'f / f -/~3 d'{EJno1.andum August 9, 1994 File: DS-030 TO: Honorable Mayor and City Council VIA: John Goss, City Manager VIA: John Lippitt, Director of Public Works ~ FROM: Bill Gustafson, Transit Coordinator ~&- SUBJECf: Additional1nformation on Southwestern College Transit Facility At the August 2, 1994, Council meeting, under discussion related to the joint meeting between the Council and Southwestern College Governing Board on August 10, 1994 regarding the proposed transit facility, Council requested the following additional information: Timing of development of the proposed Library/Learning Resource Center (LRC) and the transit facility. County of San Diego funding commitment. Parking lot impacts of Alternate Site 1B1. Proposed facility location on CVT selVice. Following are responses to these issues. 1. Development Timine: According to John Wilson, Director of Business & Operations at Southwestern College, the LibrarylLRC has been accepted by the State as a viable project. However, the project, like other State education construction projects, is currently not funded. The LibrarylLRC project was included in the Higher Education Facilities Bond Act which failed to pass in June 1994. Therefore, funding for the project depends upon passage of a future bond issue. Southwestern College staff anticipates that implementation of the LibrarylLRC will not occur for at least five years. 2. County Fundine: Commitment The County of San Diego has dedicated $900,000 for the Southwestern College Transit Facility. Approximately $180,000 has been spent to date on planning and design work. Therefore, $720,000 remains for this project. Any additional funds required to implement a transit facility at Southwestern College would probably need to be supplemented by City /x-/,;<~ John Goss August 9, 1994 Page 2 of Chula Vista IDA Article 4.0 funds since County staff has indicated that it has no additional funds for this project. Regarding the time commitment of the County to reselVe funds for this project, County staff has indicated that a decision regarding how long to reselVe funds for this project would be made by the Board of SupelVisors. However, County staff would like to implement this project this fiscal year since it has requests for other transit facility projects. Therefore, the County staff recommendation to the Board of SupeIVisors would be to reallocate the $720,000 remaining for the Southwestern College project if Council and Southwestern College Board decide not to proceed with project implementation this fiscal year. 3. Parkin!! Lot Impacts of Alternate Site 181 A preliminary sketch plan for Site IBl (Attachment 1) shows that 24 existing parking spaces would be removed. However, 22 of these 24 spaces could be relocated to an existing vacant area adjacent to the parking lot where the spaces would be lost. The addition of these 22 spaces would require approximately 0.18 acres and would add those 22 spaces to an existing parking lot. Also attached for Council's information is the conceptual site plan for Alternative lB. Site IB does not use any of the existing parking lot but does replace more existing open space since it is located in a grass area closer to Otay Lakes Road. 4. Transit Impact on CVT Operations Transit staff has indicated that the College proposed transit facility near the LibrarylLRC site would impact CVT operations and would result in an estimated $304,000 increase in operating and capital costs annually to maintain the existing CVT selVice level for the four routes that would initially selVe the facility. This cost estimate is based on FY 94-95 operating and capital costs, and would increase as operating and capital cost increases occur in the future. The attached information memo (Attachment 2) to Council dated August 1, 1994, discusses two CVT selVice modification options that would eliminate this estimated $304,000 cost increase to selVe the proposed facility. While staff does not recommend these options, they are meant to show two approaches that could be implemented to reduce this cost. Both options impact CVT selVice, resulting in less frequent selVice either to routes selVing the transit facility, or cutting selVice on other CVT routes. In addition, one access alternative to the proposed site recently discussed by College and City staffs is to permit CVT buses to use either the East H Street and/or the Gotham Street/Otay Lakes Road entrances to the campus and the campus perimeter ring road. Use of the ring road does not fully mitigate access concerns and would still result in delays for CVT buses, thereby impacting CVT schedules, for the following reasons: /fI- /.:15 John Goss August 9, 1994 Page 3 Using the ring road would save an estimated 5 minutes by bypassing the left turn movements at the East H Street/Otay Lakes Road intersection and the East H Street entrance to the campus for existing Routes 704 and 709. However, buses using this routing still would require at least 10 minutes additional travel time compared to present schedules during peak traffic conditions at the College. Buses would be operating on campus in a mix of automobile and pedestrian traffic. The ring road has speed bumps which results in slow movement for CVT buses. In su=ary, accessing the proposed facility using this on-campus traffic pattern would save some time compared with using Otay Lakes Road/East H Street. However, it would still result in a service reduction in terms of longer headways (less frequent service), or additional cost to maintain existing frequency by adding more buses to these routes. Another impact of this alternative access pattern would be impact on non-college destined passengers who use bus stops near the intersection of East H Street and Otay Lakes Road (please refer to Attachment 3). SANDAG passenger counts for Routes 704 and 709 show 80 passenger "ons" and 72 "offs" at stops near the East H Street/Otay Lakes Road intersection. Most of these passengers are non-college destined because Route 709 passenger counts show 121 "ons" and 151 "offs" at Otay Lakes Road/Gotham and Otay Lakes Road/Elmhurst (most of these passengers are destined for Southwestern College). Therefore, diverting Routes 704 and 709 through the campus would be a service reduction for present and future passengers destined for Bonita Vista High School and other activities in the vicinity of East H Street/Otay Lakes Road. cc: Joseph Conte, Superintendent/President, Southwestern College m:home~eerlJilllg\twfac.wmg /g- /;(0 \/ \/ ~ WWl#l#m~ ./ \\\\\\\T T T T T T' T T T T T T T T - ----'\ ----'\ ----'\ ----'\.----'\ ~1='DJt:":CCI._I~d~=)rP-r::r,(=-LLL.L_L_LLLJ::t /------- ./ ./ ---- C----. - ---- , 0 <~~1 ~ lU1 , ( . , o o oJ 0 ---- " ~) ) ~) , ~ ( " ~ ~ ~ ~ ~ r, ro 11- .. . 1 N 'i .r } 0 I Q2j_+____~ r') .')- 'J r [I "'- . I .~ ij (':.: 'y2. -,-:::J ,~" ,- '>-'" <>:::::: \--/" ~ " " .o-:\~ '- --;-- ( ..: " , ..I " " '" '- ~ "- - " -- \" =,- " ( - c:;:\ ) - "-"\ r\ ......" /''\ r, {)_-- _~~dr:.:o;L=\::v..:o:b~:J.1 .: ~ ~ n , - "- (. 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L-- . -, \ ~---~ - -- --~ . ~ -;; --" ~ I ) o ___ '" ~ ./\ /,\ '\ ,\ ') \~(~ \ t. - --- -_'1.__J..,.A_~--I.I.cr } .1/ I I -r.:;; - - ~ ,'\ _,./ i\o~)' I . o -" ~ (, ---J r-. . i' --- \ ___ ::p ~ --- .r;::::r~ LD1( ,. - IY)) \." ../ '- ~ ) l ) r-~ r-I " .-/ -- '-. -- '-. -- ~ - CD --- '\ ./ (" I J , ./ .) l 5 ~J h;:; ~I I~I ~ C=J (-~) ~" II ~ ?I~ ~~ ?i~ ~ /" ~\" ;If-/2,t . , . , . I 1- 1 ~I I \- I .~ I 1- L- I I [ I I ~ I \= I I ~ I 11= I- I I~ I I~ - I I II \ 1= I~I=- I~I:: I '" - I ,-' ~I= \01= I[ I 1 -!-.- - 1 . I[ I I:: I - I INFORMATION MEMO ~H~2- - August 1, 1994 File No: DS-030 . FROM: Honorable Mayor and City Council John Goss, City Manager John P. Lippitt, Director of Public Works ')PLj'-JC:- Bill Gustafson, Transit Coordinator 13 c:- TO: VIA:. VIA: SUBJECT: Additional Information on Southwestern College Transit Facility Supplemental information was requested on Item 20 for the August 2, 1994 council meeting, the report on Joint Meeting between City Council and Southwestern College Board to discuss Southwestern College transit facility project. In that report, Transit staff estimates (Attachment SA) that the net cost increase to maintain the existing CVT service level at the College proposed transit facility site would be approximately $304,000 annually based on FY 1994.95 operating costs. It was requested that Transit staff develop one or more options that would result in no cost increase for CVT based on the College preferred facility location. While staff does not recommend either of these two options, they do attempt to respond to Council's request by presenting two possible CVT service change alternatives that would involve no additional cost to serve a transit facility near the proposed College Library/ Learning Resource Center. Both options involve CVT service reductions to accomplish this objective. Option 1 reduces service frequency on Route 709 and restructures Route 711. Option 2 adds 2 buses to Route 709 to maintain current service frequency, restructures Route 711 and eliminates about 65,740 annual CVT miles by reducing service on Routes 701, 703, and 705. Council should also be aware that staff developed these options in a short time period. They are meant to show only two cost reduction approaches that could be evaluated further. Option 1 CVT route structure under Option 1 is shown on Attachment 1. The following is a summary of the service changes for each of the four existing CVT routes serving Southwestern College, including cost and service impacts. 1. Route 704: No change to existing service. /f-/~l Southwestern College Transit Facility -2- August 2, 1994 2. ,Route 705: Terminate route at new SWC transit facility; elimineoteaervice on Otay Lakes Road, Gotham and Rutgers Streets. Retain current frequency of approximately 40 minutes. Annual cost savings estimated at $37,500. 3. Route 709: Restructure route to serve SWC transit facility, Eastlake High School/Library, and terminate at intersection of East H Street and Eastlake Parkway. Reduce frequency from current 30 minutes peak/45 minute off-peak to 1 hour. Annual estimated cost increase of $65,700. 4. Route 711 Terminate at SWC transit facility; eliminate service to Eastlake area (Eastlake area service provided by Route 709) Current service frequency of approximately 1 hour and 20 minutes improve to 1 hour. Annual estimated cost savings of $85,000. 5. Annual estimated total cost savinlZS is $57.500 or about 21,300 miles based on current CVT total operating cost. Option 2 Under option 2 CVT Routes 704, 705, and 711 would be the same and described in Option 1. However, two buses would be added to Route 709 in order to maintain the current service frequency. The following is a summary of estimated changes and impacts. 1. Route 704 (Same as Option 1) 2. ,Route 705 (Same as Option 1) S. Route 709 Maintain current 30 minute peak/45 minute off-peak frequency. Restructure Route as under Option 1. , f-/3iJ Southwestern College Transit Facility -3- August 2, 1994 Estimated annual cost increase is $300,000, including $250,000 operating cost, and annual depreciated cost over 15 years of $50,000 for two new buses. . 4. Route 711 (Same as Option 1) 5. Total annual estimated cost increase is $177.500. 6. Estimated annual cost increase under this option of $177,500 is 65,740 miles based on CVT total operating cost of $2.70 or about 5.5% of total CVT system annual miles. In order to make up this cost increase, staff looked at reducing service on a number of routes. Although staff has not had time to do a detailed analysis, following is an example of some potential service cuts that could be evaluated further. Eliminate Route 705 Sunday service: 14,200 annual miles F,liminate four evening trips on Route 701: 22,000 annual miles. (The last trip on Route 701 would depart H Street station at 8:00 pm instead of 10:00 pm.) Route 703: Eliminate two evening trips for a savings of 11,000 miles. (The last trip would depart H Street at 7:45 pm instead of 10:00 pm.) The balance of the mileage could be made up by reducing Route 701 weekend service (Saturday and Sunday) from current 30 minutes to 1 hour frequency. In addition, listed below for your information is a current ridership boarding and deboarding from Southwestern College from CVT Routes 704, 705, 709, and 711. This data was collected by SANDAG in Fall 1993. This data shows that total College ridership for these four routes is 1,420 or approximately 47% of total ridership for these four routes. Southwestern College Routes Daily Data from FY 1993/94 Passenger Counts Route # IT 1993/94 Route College Trips to At Southwestern College Daily Ridership SWC One OOs Total Total Percentage 704 22 370 329 699 1,048 66.70% 705 26 95 104 199 1,007 19.76% 709 20 164 245 409 874 46.80% 711 13 66 47 113 212 53.30% Totals 81 695 725 1,420 3,141 46.64% WIIG:S8 M,\BOKB\ENOINZD\IIILLO'BWCllOOBE / f- /3/ . . - ~~ " -~\. ~ ~IJ J- ~ !I ~ ~!~ t: in ~I ~~ Ita.. ~ ji II ~; ~ct illra Ira. l!IIii~fI) :+,' ~!t rI' ., .& -~i Cbfl)e~ floO (I)~J;! 8 fI).tCbi - ! ... ~o - - I!l _ :15== -=- 0 (I) 0 III) -==- a: 0 ,.......... ::::::$:~ .... .;.;. .'.Ji' ....::.:?- - - - - - - - - /,1- /3,2 tf) ~ ~ ~ t . .. ~ . .! ~ > u ID . " ~ C .. . - .. :t . " o iii. . . .. . ~ o ... .. .Ii of . ... ~2 /%,-,(33 -gi.\\ G- MEMORANDUM August 15, 1995 File # DS.{)3Q ~ TO: The Honorable Mayor and City Council VIA: John Goss, City Manager John P. Lippitt, Director of Public Works ~ FROM: Bill Gustafson, Transit Coordinator SUBJECT: Status of Southwestern College Transit Center Project As Council is aware, staff has been working with the County and College staff over the last few months to revisit the Southwestern College Transit Center. The staffs have been looking at expanding the current transit stop area that is adjacent to the Administration Building. On July 19, 1995 a meeting was held at Southwestern College to discuss the Transit Center project. Attending the meeting were staff representatives from Southwestern College, the City of Chula Vista, and the County of San Diego. The attached concept plan for the Transit Center was accepted by all parties. This plan accommodates six buses and essentially expands and improves the bus stop location on the Southwestern College Campus that CVT has been using for many years. Southwestern College President, Joe Conte, presented this concept plan to the College Board of Directors at its meeting on Wednesday, August 9, 1995. According to John Wilson, Southwestern College Director of Business & Operations, the Board concurred with the proposed location with the condition that sound proofmg in certain building windows near new bus stalls be incorporated into the project. The next step is to develop a three-party agreement among the County. College and City for project implementation, which will include construction, operation and maintenance of the Transit Center. The staff of the three entities will meet soon to discuss the agreement. The tentative schedule is to bring an agreement to the Southwestern College Board at its September 13, 1995 meeting. In Spring 1992, a three-party agreement for construction, operation, and maintp.1]aDCC of a Transit Center at Southwestern College was approved by the Southwestern College Board. This agreement was brought to Council in May 1992 for approval, but was not approved because of objections to the Transit Center site location from area residents. This site was located on Otay Lakes Road between the Gotham and Elmhurst Street entrances to the College. The major components of that agreement specified the following pertaining to each of the three parties to the , /J- 13-1 Southwestern College Transit Center -2- August IS, 1995 agreement: County Contribute a maximum of $900,000 in TDA funds for Transit Center development. Act as the lead agency for project implementation including planning and construction. Southwestern Colle~e Dedicate real property for the Transit Center to the City of Chula Vista. Pay for utilities (electrical and water) after Transit Center completion. Be responsible for daily routine maintenance in cleaning up the Transit Center including trash pick up, landscape maintenance, and remove stains/spills from structure services. ~ Authorize County to claim up to $250,000 of City of Chula Vista TDA Article 4.0 funds for Transit Center Development, if needed, after expenditure of $900,000 in County funds. Be responsible for major maintenance, repair and operation of the Transit Center, including damage to structure, graffiti removal and tree trimming. Costs associated with these repair or maintenance items would be covered by City of Chula Vista TDA Article 4.0 funds. Maintain insurance or self-insured responsible for negligent maintenance and operation of the completed facility. Although the staffs of the City, County, and Southwestern College have not yet discussed the specific details of the project implementation agreement, the 1992 agreement will be used as a basis for the new agreement. A tentative schedule for implementing the project is: . Au~stlSl:.Ptember 1995 - approval of agreement to implement Transit Center project . NovemberlDecember 1995 - finalize project specifications and bid documents . JanuaIYlFebruary 1996- advertise and award construction contract . Summer 1996 - construct project Of the original $900,000 the County allocated for this project, approximately $720,000 remains. When the cost estimate for this project is completed, we will know if the $720,000 is sufficient to construct the Transit Center. If additional funds are needed, City staff may recommend to Council that City of Chula Vista, Transportation Development Act (TDA) Article 4.0 funds be used to supplement the County of San Diego funds budgeted for the project as proposed in the 1992 agreement. /1- /.3:;- Southwestern College Transit Center -3- August 15, 1995 Staff will keep Council informed on the status and progress of the project. The agreement between the agencies will need to be approved by Council, which is scheduled for September. (F:\bomc\eneillee'l'\BILLG\tnDcDU .80) /1-/3,0 Minutes October 3, 1995 "age 2 . 8. RESOUITION 18051 ADOPTING NEGATIVE DECLARATION 15.95-30; APPROVING THE CLOSURE OF CENTER STREET BETWEEN THIRD A VENUE AND CHURCH A VENUE ON THURSDA Y AFTERNOONS BETWEEN 2:00 P.M. AND 7:00 P.M. FOR A FARMERS' MARKET SPECIAL EVENT SUBJECT TO CONDITIONS; AND WAIVING BUSINESS LICENSE FEES FOR THE VENDORS PARTICIPATING IN THE SPECIAL EVENT. 011 812/94, Council approved the closure of Third Avenue between oEo Street and Davidson Avenue for a one year period to accommodate a Farmers' Marlcet on Thursday aftemOODS which is spoosored hy the Downtown Business Association (DBA). 10 July oflhis year, the DBA Board of Directors evaluated the Marlcet operation and reevaluated its location and voted to relocate the Marlcet to Ceoter Street east of Third Avenue for the 1996 MUOn. Staff recommends approval of the resolution. (Director of Commuoity Developmeot) . 9.A. RESOLUTION 18053 WAIVING CONDITION NUMBER 38 OF RESOLUTION 17618 APPROVING THE TENT A TIVE SUBDIVISION MAP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS - 011 12/6/94, Council approved the Tentative Subdivision Map for Tract 95-01. EastLake South Greens. Unit 27, known as Fieldstone Crest. 011 7/18/89. Council also approved the Tentative Subdivision Map for Tract 88-3. EostLake Greeos. 011 8/16/94, Council approved an amendment to the southerly portion of said EastLake Greens tentative map. desiJDated as EastLake South Greens. Tract 8S-3A. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18054 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGREEMENT FOR TRACT 95-01 EASTLAKE SOUTH GREENS, UNIT 27, FIELDSTONE CREST, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION C. RESOLUTION 18055 APPROVING SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPL YWITH CERT AINUNFULFn..LED CONDITIONS OF RESOLUTIONS NmmER 17749 AND 15200 APPROVING A TENT A TlVE MAP FOR PARCEL R-27, KNOWN AS FIELDSTONE CREST, AND AUTHORIZING THE MAYOR TO EXECUTE SAME ~. RESOLUTION ]8056 APPROVING AGREEMENT AMONG THE COUNTY OF SAN DIEGO, .~ ~~UTHWESTERN COMMUNITY COLLEGE DISTR]CT AND CITY OF CHULA VJST A FOR It\ CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEllIENT PROJECT -The agreement specifies the responsibilities for construction and maintenance of the Bus Stop Improvement Project. Staff recommends approval of the resolution. (Director of Public Works) Pulled rrom the Consent Calendar. . Thomas Davis. 1657 Gotham Street, Chula Vista, CA, feU Southwestern College should be served' by the bus lines in Chula Vista, but he objected to the method by which the decision was being made. At one time there was a petition siJDed by over 300 people in opposition to the location or the bus stnp. The agroomeot before Council was not brought to the residents altetttion and only a rew people had been notified that it was on the agenda. He did not feel $650,000 of tax payers money was DOt a minor improvement. 011 2122/93, the Board directed the President of the College to participate in negotiatinns with the City but specified where they wanted the bus stop and the proposal before Council was not that location. He requested the item be postpoDed until there was a clear definition of what the Board'a position was and include the residents in the process. Mayor Horton stated she had worked with Mr. Cooti and it was her understanding that the Board appmved the proposal before Council. Mr. Lippitt gave a brief history of the project and process utilized. Mr. Conti had taken the item to his Board and final action on the allreement was scheduled on 10/11/95. Southwestern College had not notified the property owners regarding their actions Bill Gustafson, Transit Director, informed Council ~t aU the people that spoke at the public hearing in 1992 had been notified of the 10/3/95 -'inll' That included aU the homeowners on Otay Lakes Road directly acroSS the street from the coUege. The proposed lite before Council was the first choice in October, 1992 by a group of /Y-/37 . Minutes October 3, 1995 PaEe 3 individuals which included residents of the oeil:hborhood, city/county staff, MTDB, and Colleee represeotalives. II had taken three years to implement the proposal. II was an expaosioo of the existine bus stop locatioo 00 campus. Mr. Davis stated a College representative had informed him that they had oot chaneed the positioo taken in 1993. The item was 00 the 8/9/95 aeenda as a President's Report item at which time no CODIIDeDt was made. He fell it was the City's and Board's oblieatioo to ootify the residents. . Robert F. Kelley, 875 Otay Lakes Road, Chula Vista, CA, stated he objected to the secrecy. He questiooed if the staff parkinelot at the froot of the school would be expanded. Mr. Gustafsoo respooded that the existine facility where the buses stopped, by the circular road OD campus, would be expanded. The frootlot woilld oot be expanded. Couocilmember Rindone stated it had been a contentious issue for a lone time. He complimented the Southwestern College Board and Mr. Conti for reviewing all alternatives and considerine both the College and City interests. He had originally pulled the item from the Consent Aeenda due to tbe resideots coocerns, aestbetic impacts, etc. and be felt those issues bad beeo addressed. He questiooed whether Chula Vista Transit would be addine addiliooal buses for routes serving Southwestern College and eastern Chula Vista. Mr. Gustafsoo responded that the potential was there to add routes to serve eastern Chula Vista within the oext several years. RESOLUTION 18056 OFFERED BY COUNCILMEMB::R RINDONE, reading of the text was waived. CoUDcilmember Moot questioned if there was a reason why those previously involved had oot beeo ootified. Mr. Gustafson respooded that those individuals at the public hearinE in 1992 and those participatine in Ibe two meetings in 10/92 were ootified. Site 6A, which was before Council for approval, had been identified at Ibe first priority site at that time. VOTE ON RESOLUTION 18056: approved unanimously. 10.1 RESOLUTION 18063 AUTHORIZING A DEFERRAL OF TRIPS FOR FUTURE CITY FACILITIES IN RANCHO DEL REY AND ASSIGNING THOSE TRIPS TO THE PROPOSED YMCA ON PASEO RANCHERO _ The YMCA is proposing to construct a new facility on Pas.eo Ranchero to serve resideots. II was determioed that the facility bad oot been I:iven any trip assienments in previous studies and an enviroomeotal impact may result from the additional trips. The YMCA is requesting the City consider offseuing, on a temporary basis, the traffic eenerated from the new facility aeainst future traffic from the fire stations and library located within the aame traffic analysis zone. An assienment of trips would allow the YMCA to prepare a mitieated negative declaratioo and to proceed with the desien review of the Dew building. Staff recDDllDeDds approval of the resolutioo. (Director of Public Works and Director of Plaonine) . . END OF CONSENT CALENDAR · · PUBLIC HE....RINGS ....ND REL....TED RESOLUTIONS ....ND ORDIN....NCES II. PUBLIC HE....RING CONSIDERING V....CATION OF A PORTION OF ORANGE A VENUE ALONG THE FRONT....GE OF DON LUIS MOBILE ESI'ATES AT Ul ORANGE AVENUE - 00 9/12/95, Council declared its iotention to vacate an excess portion of Oranee Avenue rieht-of-way alonl: the frontaee of the Don Luis Mobile Estates mobile bome park and set 10/3/95 as the date for the public hearinl:. Staff recommends the Duhlic hearin2 be continued to 10110/95. (Director of Public Works) This beine the time and place as advertised. the public hearine was declared open. MSC (PadillalHorton) to continue the public bearing to the meeting of 10/1 0/!l5, approved 4-0-1 with Moot absent. .) / S. - /.3.f EXH;8,T IJ COUNCIL AGENDA STATEMENT Item '0 Meeting Date 1013/95 ITEM TITLE: Resolution '1105 fD Approving Agreement Among the County of San Diego, Southwestern Community College District and City of Chula Vista for Construction, Maintenance and Operation of the Southwestern College Bus Stop Improvement Project SUBMITTED BY: Director of Public wor~ REVIEWED BY: City Manager (4/5ths Vote: Yes_No.X"'> At its meeting on February 20, 1990, Council approved an agreement among the County of San Diego, Southwestern College and City of Chula Vista for a Southwestern College Transit Center Feasibility Study. This study determined that a transit center at Southwestern College would be both feasible and warranted to provide more convenience and accessible public transportation service to the College and to eastern Chula Vista. The study recommended a facility adjacent to Otay Lakes Road on the College campus between the Gotham and Elmhurst Streets entrances to the campus. The Southwestern College Board of Directors approved this site in Spring 1992. On May 5, 1992 this site was considered and rejected by Council due to opposition from area residents and impacts on the landscaping in front of the College. Since May 1992 the College, City and County have been working together to fmd an alternate mutually agreeable site. The staffs of the three parties have agreed to expand the existing bus stop area on the College campus that Chula Vista Transit (CVT) has been using for many years. This location and conceptual expansion is shown in Attachment I to the proposed agreement. In addition, as indicated in the attached letter (Exhibit 1) from Southwestern College President, Joseph Conte to Mayor Horton, the College Board approved the conceptual site plan for the project at its meeting on August 9, 1995. Since this proposal essentially is an expansion and enhancement of the existing bus stop area, all three parties have suggested that this project be referred hereafter to as the Southwestern College Bus Stop Improvement Project. The estimated cost of the project is $500,000, including contingencies. The total design and construction cost of this project would be paid for by County of San Diego Transportation Development Act (TDA) funds. RECOMMENDATION: That Council approve agreement among County of San Diego, Southwestern Community College District and City of Chula Vista for the construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. /%-/39 Page 1, Item~ Meeting Date 1013/95 DISCUSSION: The bus stop improvement project at Southwestern College would serve two main purposes: improve current and future CVT service to the College; and function as a transfer point for CVT routes operating in the area east of Southwestern College. The proposed project expands the current bus loading area that accommodates 3 buses to an area for 6 buses. Also included are landscaping, passenger amenities (such as shelters and benches), and accessibility improvements consistent with the Americans with Disabilities Act (ADA). , The agreement authorizes the County to proceed with fmal design and construction of the project and defmes maintenance and operation responsibilities between the College and the City once the project is completed. Because of anticipated disruption to traffic circulation on campus during project construction, the College has requested that construction take place during Summer 1996. In order to meet this schedule, it is necessary that this agreement be approved by all three parties in October 1995. If Council approves this agreement, the Southwestern College Board of Directors will consider the agreement at its meeting on Wednesday, October II, 1995, and the Board of Supervisors will consider the agreement later in October. The major components of the agreement are: Countv will: contribute up to $900,000 in TDA funds for project development act as lead agency for design and construction. Collelle will: be responsible for daily routine maintenance and cleaning of the site, including trash pickup, landscape maintenance and removal of stains, spills and graffiti from structure surfaces. pay for utilities (electriclwater) after project completion. City will: be responsible for major maintenance and repair of the facility, including damage to structures. In addition, under Section TIC (page 4), the College grants the City a license for access to the site for bus operations, major maintenance and repair of project structures as long as it is mutually agreeable to both parties. City staff requested the College either grant an "irrevocable license" or a license for access to the site for a specific time period of ten years in order to ensure transit access to the facility and to assure an adequate time in which to amortise the County's investment. The College declined this change. The County, which will be funding the project construction, will accept the agreement as currently written, without the change requested by the City. Although City staff would have preferred this additional languase regarding the license, it is not an essential component of the agreement. As also indicated in /!S- /~() Page 3, Item~ Meeting Date 10/3/95 Section IIC, this project is mutually beneficial both to the College and to Chula Vista Transit (CVT). Since the College requested the expansion of the current bus stop area for this project, it is unlikely that a situation would arise in which the College would deny the City or CVT access to the site for transit service. In summary, the County will construct the project, the College will be responsible for on-going maintenance, and the City will be responsible for major maintenance and repair if needed. The project will be designed to provide improved bus service to the College and eastern Chula Vista with low on-going maintenance costs. The project will provide 6 bus bays, 3 shelters, approximately 16 benches, and landscaping. Shelters will be large covered structures without side panels to minimize frequent maintenance and to discourage graffiti. The physical concept and function are similar to the bus stop facilities at the "E" and "H" Street Trolley Stations. FISCAL IMPACT: 1) The total estimated cost of the Southwestern College Bus Stop Improvement Project is 5500,000, which includes design and construction. The County of San Diego has programmed 5900,000 for this project. Approximately 5250,000 has been spent on this project since its inception; therefore, approximately 5650,000 remains for implementation. 2) Costs associated with major maintenance and repair at the completed facility will be funded by City of Chula Vista IDA Article 4.0 funds. It is difficult to estimate an annual cost for repairs, since repairs may be needed only infrequently. For example, during the 14 years that the "H" Street station has been in operation, the bus shelters at the Transit Center area have been repaired 4 times. Based on the projected TDA allocation projected for the City of Chula Vista during the next five years, there will be sufficient funds to pay for repair costs that might occur. File No. DS030/037 Exhibit 1: Exhibit 2: Letter Dated August 15, 1995 from Joseph Conte to Mayor Horton Site Plan (M:~.030.w...) /f-iLI/ <<~ Southwestern College EXH/IJ/TI - ill ~(;~OW~ ~! AIJ; ? I 1995 .~ COUNCil Off ICES (111'1 A VISTA C. Govemlng loard Au!;!!e Bareno G. GordOn Brownin!;!. D.M.D Jerry J. Grtlfi1h Morio N8vas--Parmon JudV 5chUenb8tg JOseph M. Come 5upeIlnlendenlfP,elident August 15, 1995 The Honorable Shirley Horton, Mayor City of Chula Vista 276 Fourth Avenue Chula Vista, CA 9f012 Dear Mayor Ho;!o'n:\~ . In the event~u have not yet been made aware, the Goveming Board of Southwes(ern College, upon my recommendation, has approved the last jointly developed plan for an on-campus Transit Center. County, city, and college representatives appear to be in agreement with the proposed plan. I assume the City Council will follow a similar action to the College Board's. , ~ oseph M. Conte uperintendenVPresident \... JMC:RG 9CO Otay Lakes Rood . Chula VIsta. CA 91910 . (619) 421.6700 FAX (619) 482-6413 . Southwes1em Community College Dlstrtct /ff- Ff~ ~ uW1d .~JS ~~.rO~d ~u.w.^o~dmI do~S ana .1.110~ u~.~a.^Q~nos 1 2u."II~..2V. I ,'~1~1~ \ ./ "~'\\\,0. \\\\\\\\T T T I ~.~ - r" :. '~'\ r '\ '\ . :\ 1111,. (WI- i I I ~:, '" i .a'~~ . ~' ~-. . . ~' - / f-/V 0- W 'w 10. ~ I s J W -J .. U VI . .~' ~ . @) "i ~ " CB}) ..... '.. -= @ ~ 0 .... '=t: ~ C . ) b @> +' C/Ii) G\!) ~ J::. +' -.J !j;~~r:r:;: I L :2J e tII\\\U:I1\11\U\\\\\\\\1J W \ I \ ( I J J I r.! J 11 1:' 0. i! ftI ..' ...1 ::!: II >- eD ~ '+QUNrTL AC'...ENDA STATEMENT , - Item_ Meeting Date 4/9/96 ITEM TITLE: Resolution Approving Amendment to Agreement between the County of San Diego, Southwestern Community College District, and the City of Chula Vista for the construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager (4/Sths Vote: YesX-No_) At its meeting on October 3, 1995, Council approved a resolution approving an agreement among the County of San Diego, Southwestern College and the City of Chula Vista for construction, maintenance, and operation of the Southwestern College Bus Stop Improvement Project (copy of the agenda statement and agreement are attached as Exhibit A). In FY 1990-91, the County of San Diego programmed $900,000 for this project, and over $270,000 to date has been spent on planning and design work, leaving an estimated $630,000 for implementation. Final design of the transit facility has been completed; the total project cost, including contingencies, is estimated at $1,350,000, leaving a potential shortfall of $450,000 (this estimate is presented in Exhibit B). The actual project cost will be known after the receipt of bids for the construction contract. Both Southwestern College and the County have indicated that they have no additional funds to contribute to this project; therefore, the County has requested that the City ofChula Vista authorize expenditure of a maximum of $450,000 in its TDA Article 4.0 funds to supplement the estimated project shortfall. RECOMMENDATION: That Council approve the resolution amending the agreement and authorize the County of San Diego to claim a maximum of $450,000 of City of Chula Vista Transportation Development Act (TDA) Article 4.0 funds if needed to supplement the $900,000 in County funds for the Southwestern College Bus Stop Improvement Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As indicated on the first page of Exhibit B, the construction contract for the project is estimated at $593,375. Additional project costs include: soundproofing windows in existing College buildings facing the bus stop project ($25,000); project inspection and administration ($118,675); plan preparation and final design ($110,611); and contingencies ($122,832). For Council's information, in January 1996, the County completed a transit facility at Grossmont College which is similar to the one planned for Southwestern College. The total Grossmont College facility cost was $1,166,379 and the construction contract was $685,000. / y- //;/1" Page 2, Item Meeting Date 4/9/96 County staff has indicated that this estimate of$I,350,000 for the project is conservative, and that the project cost should be less than this estimate. However, it is the County's policy to secure funding for projects before advertising for bids for construction. The County has indicated it has no additional funds to supplement the $900,000 committed to this project in FY 1990-91. Southwestern College is donating the land for the bus facility and has also agreed to pay for utilities and daily routine maintenance after project completion. The College has indicated it does not have funds to contribute to project construction. Therefore, it appears the only additional funding source for this project is the City ofChula Vista's TDA Article 4.0 funds. For Council's information, the original project site location on Otay Lakes Road had an estimated total cost in 1992 of$I,150,000, which would have required the City contributing up to $250,000 in its TDA Article 4.0 funds to supplement the $900,000 ITom the County. Since this original proposed location was not implemented, additional costs were incurred between 1992 and 1995 due to evaluation of alternative sites, and development of a plan and detailed drawings for the new location. In addition, on Page 2 of the attached agenda statement (Exhibit A), staff pointed out to Council that in the agreement, which Council approved on October 3, 1995 (Section lIe), the College grants the City a license for access to the transit facility as long as it is mutually agreeable to both parties. Although the City Attorney would have preferred language that grants the City an irrevocable license, the College declined this change. However, since the College requested the transit facility in this location, it is unlikely that a situation would arise in which the College would deny the City or CVT access to the site. In summary, it is staffs opinion that the Southwestern College Bus Stop Improvement Project is important for current and future CVT operations. The facility will improve service to Southwestern College, and also will provide a transfer point for future CVT service to the eastern Chula Vista area. A representatives ITom the County is present at tonight's meeting to answer any questions Council may have on this project. FISCAL IMP ACT: The total estimated cost of the Southwestern College Bus Stop Improvement Project is $1,350,000, which includes the construction contract, soundproofing of windows in Southwestern College buildings, project inspection and administration, planning and design, and project contingencies. The County of San Diego has programmed $900,000 for this project leaving an estimated shortfall of $450,000. The contribution of up to $450,000 ofChula Vista IDA Article 4.0 funds to the Southwestern College Bus Stop Improvement Project will leave a sufficient IDA balance through FY 1996-97 for other Cityof Chula Vista Transit Division capital and operations projects. The City of Chula Vista's current TDA Article 4.0 fund balance is approximately $4.8 million. Based on the preliminary budget for next fiscal year which staff has prepared, the TDA balance through FY 1996-97 is estimated at $1.2 million (the preliminary Transit Division Budget includes 'I ,.7. I, - / f'-/ Page 3, Item Meeting Date 4/9/96 a capital program of $4.2 million, which consists of $2 million as part of the $6 million hydrogen fuel cell bus program and an additional $2.2 million to replace nine of the older CVT buses in the fleet). Therefore, should the total amount of $450,000 be required for the Southwestern College Bus Stop Improvement Project, the City of Chula Vista's TDA balance next fiscal year would be approximately $771,000 ($1,221,130 - $450,000). For Council's information, the Metropolitan Transit Development Board will request next fiscal year additional TDA funds from each jurisdiction in its area to support regional transit services. The estimated Regional Transit Service Fund assessment for the City of Chula Vista next fiscal year is $319,978, an increase of 82% over the current assessment of $175,844. (The current regional assessment has been in effect since 1985 and does not include San Diego Trolley service. As stipulated in State Legislation, Council must approve any change to the current regional assessment.) Staff estimates that the City of Chula Vista TDA fund balance for next fiscal year would be approximately $627,000 assumin~ that all anticipated proiects and expenditures are implemented including:: the FY 1996-97 Transit Division Budget which includes a $4.2 million capital program; approval and expenditure of $450,000 for the Southwestern College Bus Stop Improvement Project; and a Regional Transit Service Fund assessment of$319,978. WMG:sb File No: DS-022/DS-037 M:\HOME\ENGINEER\AGENDA \SWCFUNDS.WMG Exhibit A - Agenda Statement dated 10/3/95 /fJ-/.L/& AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP IMPROVEMENT PROJECT THIS AGREEMENT is hereby made and entered into this day of , 1995, by and between the COUNTY OF SAN DIEGO, a political subdivision of the State of California, 1600 Pacific Highway, San Diego, California 92101, hereinafter referred to as "county"; the SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a community college district of the State of California, 900 Otay Lakes Road, Chula Vista, California 91910, hereinafter referred to as "College", and CITY OF CHULA VISTA, a municipal corporation of the State of California, 276 Fourth Avenue, Chula Vista, California 91910 hereinafter referred to as "City". WITNESSETH WHEREAS, under section 99400.5 of the California Public utilities Code, the County has the authority to finance the construction of multimodal transportation terminals anywhere in the County; and WHEREAS, the County, at the request of the College and City, has completed a feasibility and site location study for a transit facility at Southwestern College; and WHEREAS, the study concluded that the Southwestern college Bus Stop Improvement Project, hereinafter z:eferred to as the "Project", is necessary and feasible, and the Project should be constructed; and WHEREAS, the Project will benefit the college by providing more convenient and accessible public transportation for students /1/- //;- j and College employees; and WHEREAS, the Project will benefit the city by facilitating . Chula Vista Transit operations; and WHEREAS, the study and its recommendations have been reviewed and accepted by the College, the City and the County; and WHEREAS, the County desires to reach agreement with the College and the City in carrying out the responsibilities of all parties for the financing, construction, maintenance and operation of the Southwestern College Bus stop Improvement Project; and WHEREAS, the Southwestern College Bus stop Improvement Project is included for design and construction in the County's Capital outlay Fund and the FY 1995-FY 2001 Short Range Transit Plan; and NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: I. COUNTY AGREES: A. County shall contribute Transportation Development Act (TDA) funds in an amount not to exceed $900,000 for development and construction of the Project. The College shall in no way be responsible for any capital costs in conjuction with the project. B. County shall act as lead agency for construction and shall use its best efforts to construct or have constructed a Bus stop Improvement at the site depicted in Attachment 1, "Southwestern college Bus stop Improvement Project site Plan". C. County shall be responsible for all preliminary 2 ,1- /1'/ engineering, design, preparation of environmental documents and construction management, including - construction engineering, inspection, and final acceptance all of which shall be subject to final approval by the City and the College. The necessary work shall be performed in accordance with the City of Chula Vista, College and County standards. The design shall be subject to the approval of the college Board of Trustees and the Chula Vista City Council. The design shall include landscaping of the site and a six-bus bay facility with shelters, benches and information displays. D. The County shall be responsible for costs directly resulting from any changes to utilities required for the installation of the Project. E. County agrees to submit design plans to the Department of the state Architect for approval. II. COLLEGE AGREES: A. Following acceptance of construction by the county and final approval by the City and College, utilities (electrical and water) for the Project operation will be paid for by the College for the duration of bus stop operation. Water for the bus - stop operation will be connected to the College water. B. Folfowing acceptance of construction by the County 3 t'l " /; , -//IY and final approval by the city and the College, College will be responsible for daily routine - maintenance and cleaning of the Project, which shall include but not be limited to trash pickup, landscape maintenance (including tree trimming), removal of stains/spills from pavement or structure surfaces and graffiti removal. C. The College hereby grants the City a license for access to the site for bus operations, major maintenance and repair of Project structures as long as it is mutually agreeable to both parties. III. CITY AGREES: A. Upon execution of this Agreement, the City shall be responsible for the major maintenance and repair of the Project, including damage to the structures. B. The City shall maintain insurance or self-insured responsibility for negligent major maintenance and operation of the completed facility, which names the College and County as additional insureds. C. The College, its agents, officers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person - whatsoever, nor for personal injuries or deaths of them, or to any of them, caused by or resulting from negligent major maintenance, repair and 4 ,-.1- /3-fJ operation of the completed facility by the City, its agents, employees or representative; the City - further agrees to defend and indemnify and save free and hold harmless the College and its authorized agents, officers, and employees against any and all foregoing liabilities and any costs and expenses, including reasonable attorneys fees, incurred by the College on account of any claim therefore, including claims involving the major maintenance, repair and operation of the Project; and in the event that a Court of Competent Jurisdiction should determine that the City has no authority to provide by agreement the performance of the services set forth above, the city nevertheless agrees to assume the forgoing obligations and liabilities by which assumption it is intended by all parties that the City agrees to indemnify and hold the college harmless from all claims arising by reason of the work done by, or any act or omission of, the City, its agents, employees or representatives, in connection with or in performance of the agreed upon services of work provided for in this Agreement. IV. IT IS MUTUALLY AGREED: A. The County shall furnish to the college and the City, within three months of the execution of this 5 / 0_ '5- / / J / ,.. Agreement, 30 percent conceptual design, preliminary plans and specifications for the college and City review and comment. The College and the City will have thirty days to respond with their comments. The County shall furnish to the College and the City, within seven months of execution of this Agreement, 70 percent conceptual design, preliminary plans and specifications for the College and City review and comment. The College and City will have thirty days to respond with their comments. The final working drawings and specifications for the Project shall be submitted to the College and the City for their approval within ten months of the execution this Agreement. The County shall, in good faith, respond to all College and City comments. B. The College, the City and the County anticipate that this Agreement may, from time to time, be modified. All such modifications, including any change in the responsibilities of the parties, shall be incorporated in writing into this Agreement by appropriate amendment(s). C. The Superintendent/President of the College shall - be the contract administrator representing the College in all matters pertaining to this Agreement. The Director of Public Works of the 6 -y- /6d County shall be contract administrator for the County in all matters pertaining to this Agreement. - The Director of Public Works of the City of Chula Vista shall be the contract administrator representing the City in all matters pertaining to this Agreement. All are hereby authorized to make administrative decisions to carry out the full intent of this Agreement. D. This Agreement shall terminate as to the County upon City and College final approval of construction on the Project. This Agreement shall terminate between College and city upon mutual agreement of both parties, or termination of use by the facility as a bus stop, which ever first occurs. E. The County, its agents, off icers and employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of them or any of them, caused by or resulting from any acts omissions of the College or the City, their agents, employees or representatives i the - College and the City separately and not jointly further agree to defend and indemnify and save free and harmless the County and its authorized agents, 7 /f- /5-1 , F. officers and employees against any of the foregoing liabilities and any cost and expense incurred by - the County on account of any claim therefore, including improvement services, or any other work or services done or provided to the County by the College or the City pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that the College or the City has no authority provide agreement the by to performance of the hereinabove set forth services, the College or the city separately, not jointly, nevertheless to the foregoing agree assume obligations and liabilities by which assumption it is intended by all parties that the College or the City agree to indemnify and to hold the County harmless from all claims arising by reason of the work done by, or any act or omission of, the College or the city respectively or its agents, employees or representatives, in connection with or in performance of the agreed upon services of work provide for in this Agreement. It is agreed that the liability hereunder of the College or the city shall not be joint and several, but shall be . separate unto each agent for its own actions and the actions of its agents and employees only. The tollege or the City, their agents, officers and 8 ,/2- /39' employees shall not be held liable for any claims, liabilities, penalties, fines or for damage to any - goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of them, or any of them, caused by or resulting from any acts or omissions of the County, its agents, employees or representatives; the County further agrees to defend and indemnify and save free and harmless the College and the City and their authorized agents, officers and employees against any of the foregoing liabilities and any cost and expense, including reasonable attorneys fees, incurred by the College or the city on account of any claim therefore, including claims by reason of alleged defects in engineering services, or any other work or services done or provided to the College or the City by the County pursuant to this Agreement; and in the event that a court of competent jurisdiction should determine that the County has no authority to provide by agreement the performance of the hereinabove set forth services, the County nevertheless agrees to assume the foregoing obligations and liabilities by which assumption it is intended by all parties that the County agrees to indemnify and to hold the College or the city harmless from all claims arising by 9 ':r- /'--=>--5 reason of the work done by, or any act or omission of, the County, its agents, employees or representatives, in connection with or in performance of the agreed upon services of work provided for in this Agreement. G. Contractor, Contractor's subcontractors and suppliers, if any, shall comply wi th the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at Section 84). of the San Diego County Administrative Code, which Program is incorporated herein by reference, unless specifically exempted in accordance with the Articles' rules and regulations. H. Contractor will comply with the provisions of Title VII of the civil Rights Act of ~964 (42 USC 2000, et seq., as amended by the Equal Employment Opportunity Act of 1972), the Age Discrimination in Employment Act of 1976, the California Fair Employment & Housing Act, and Board of Supervisor's Policy C-17, in that it will not discriminate against any individual with respect to his or her compensations, terms, conditions, or privileges of employment; or discriminate in any way which would deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, 10 .. ~-/:f& color, religion, sex, national origin, age, handicap, medical condition or marital status. I. Contractor shall ensure that services and benefits are provided without regard to race, sex, age or national origin in accordance with Title VI of the civil Rights Act of 1964 (as amended). Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), pertaining to the prohibition of discrimination in employment or provision of services against qualified handicapped persons under any program or activity which receives or benefits from Federal financial assistance. J. Any notice required or permitted under this Agreement may be personally served on the other parties, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: County: Director, Department of Public Works County of San Diego 5555 Overland Avenue, Building 2 (MS 0333) San Diego, CA 92123 College: superintendent/president Southwestern community college District 900 otay Lakes Road Chula vista, CA 91910 City: Director of Public Works City of Chula vista 276 Fourth Avenue Chula vista, CA 91910 11 ~ f- /57 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into the month, day and year above-written. - SOUTHWESTERN COMMUNITY COLLEGE DISTRICT COUNTY OF SAN DIEGO By By Joseph M. Conte Superintendent/President Clerk, Board of Supervisors CITY OF CHULA VISTA APPROVED TO FORM AND LEGALITY BY COUNTY COUNSEL By By Deputy APPROVED TO FORM BY CITY ATTORNEY By 12 /~- /5 f' 'r: I I' ",:~ '!':; -"1"," ./ ~~I:i'\;':' '\\\\\\\T ~ T t I' ' :).i:\ -- \ -- \ .l (JWI- I l V/p , >- W ... W ; @~ t.. 3: 'i w t ~ ...J <[ U '" I upv.....~ 16.III...WI-1 ,\, ~~ ;;,; .::: .'''' ':' ..... .. @> ~ @>> = = @ U ~ b @) '*" WJ @) ~ ..if:. '*" :2J @ 00 ~ :R... ) I~ K .-J li~;:;;=~;;; J L -\\\\\-\\\\~ ...~ .!!" .<:1- _... " ~ -- en. II!IIHiH ~ " is - o ...J J . 3 i ~ - J:; f!! ii ,!!!. Q:I a. ""I ..' IV .... ....1 ::!E i! >. CD ~ ,..= -- IDe; ..... :OlD ID_ 9:::: '" ~.: 'EI' ~' , .-- ~' "' '" , ;r , I \ ~ ( I ./ .~ ] ~ " " ';,f U~td a.JS .~arO~d .uawa^o~dmI do.S sng a2atto~ u~a.sa~4.nos t .uaw4~~.~v. / f- /5Y ,:, :16.-96 ,14: 27 - u ~ - I- Z ~ U Z ::) U :;) CC l- V) ztO ::)~ c..:>'Cij 1:'::E WJJ> ....0 -< :;;E -= en UJ u. o ~ V) >- -J -< Z -< U I- ~ V) t:3t:3~ 888 ~ CD C> '0'619 694 3562 o ..... ~ CD CD CO) ~ ..... o ..... N IOOCDIO~OCD .....8M.....~8M M McQCO M MIOC>COOOC> Q)C\lIl)~,....U')t.t) 10 ~~ ilJ001 h/l I (T t1'\ ~ G.'I\ -.., \"11 EX'ffi'fJ.,'T B - ~ 0"- ;:,... " t"I\ " ".. o - ~ - -J ~ ?1. g o-J -< t- I- ?1. -0 () 0 ()I- w N .., 1-' ,0 WID ;:) 0:: I- V)CI)'$.c. I- 10 () > cr U .. 0 z w i .. ~ w C> 8 ! C> ~ ..J Z ~OU:>c(V) ~ ~ a:: - ... Z 0 :e -Ou-z z 0 :I: ....I-ozz- ;:) ua::wou. 0 () V) :I:;:) C)-<V) t- V) C)~c. t- u I ~S ;:) O~()O!:!:!a:: u ;:) Ov)ZI-~C2!::w w ~ .., ..~~ crZ;:)Z I-...I:I: 0 a:: :J:OOO~V)~I- a:: ;:) ~ t-uV)u_w=>O c. V) i~! j .. : ~ 13 : / 'y-/&V .. 06,' 96 14: 28 :619 694 3562 ~002 L."d PI_fining U"". DaHpo t_ftfIM;.". .",.....ee'''',. s; ,""_-i:"'1 lAnd Planning Statement of Opinion on Probable Construction Costs Project: Southwatem College Bu. Stop Improvement Facility Chula VISta, California eate: March 4, 1996 Reference: Connct Plans and Specifications, daWcl 3-1-16 for O.S.A. Review. ~L.PNo.: 111.02 The Opinion of Probable Construction Costs, as provided herein, are prepared on the basis of Eslrilda Land Planning's qUilUfications and experience on ~nt construction projects of Similar scope and scale. Estrada Liind Planning has no control over costs. nor the price of labor, equipment or materials. market conditions, nor over the Contracto~s method of pricing. Eslrilda lilnd Planning makes no warranty, expressed or implied, as to the eccuracy of such opinions. as compared to bid or actual construction costs. Estnda L.and Planning, Inc. ~. Steve Estrada, ASLA, APA President SEldg 533__ _300 Son 000g0. c._ 'Z107 81" 23IoO'Jq IIiU' 81" U&-o$7I $". /p-/&// ,,1 06,'96 14:29 1:619 694 3562 141003 '-O"d pte"""'p U,o." o.''SJ1'I i..ndKe,e Al'ClIIr,.erut't ,i, ";"';..>1 Land Planning Opinion of Probable Construction Costs Southwestern College Bus Stop Improvement Facility Chula Villa, Califomia March 4. 1996 (based on Contract Plans and Specifications. dated 3-1-96 for O.SA Review) Item Unit 01 Unit No. Article Measure Quan. Cost Cost 1.0 MOBIUZATION LS 1 10.000 10.000. Sub Total $10,000. 2.0 TRAFFIC CONTROL LS 1 3,000. 3,000. Sub Total $3,000. 3.0 DEMOLITION AND SITE CLEARlNG 3.1 Sne Oemolibon. LS 1 25,000. 25,000. 3.2 Remove Existing Wall. LS 1 4.000. 4.000. 3.3 Remove ExIsting water Main. LS 1 5,000. 5.000. 3.4 Remove ExIsting Sewer Lateral. LS 1 1,000. 1.000. 3.5 Remove Existing Storm Drain. LS 1 500. 500. Sub Total $35,500. 4.0 SURFACE IMPROVEMENTS 4.1 Pedestrian (Curb) Ramp. EA 16 500. 8,000. 4.2 6" P.C.C. Curb, Type G-1. LF 440 10. 4,400. 4.3 6" P.C.C. Curb and Gutter, Type G-2. LF 545 13. 7,085. 4.4 9" P.C.C. Pavement, Bus Zones. SF 11,630 6. 69,780, 4.5 6" Aggl1l9ate Base, Bus Zones, TN 440 20. 8.800. 4,6 6" P ,C,C. Pavtmen~ Pedestrian Zones, SF 18,880 4. 75,520, 4.7 4" Aggl1l9ate Base, Pedestrian Zones. TN 480 20. 9.600, 4.8 Reinlon;ed Conc~ Retaining Wall. SF 800 40. 32,000. 4,9 Concrete Planter Wall. LF 186 40. 7,440, a3F__300 ;%, Son 0iIg0. CoiIDmOo PZlO1 ..8-.01<3 IIiU 51. 23s.0578 /j'- /&2 Lhi Utj, ~6 14; ~U "0'619 694 3562 I€JUU4 ---- ~- --- '. """;~~ _.. "/--.I'''i 4.10 Concrete Sleps. lS 1 2,000. 2.000. 4.11 Cencrete Header. IF 155 5. 775. 4.12 COl1cr.te Planter WaJI at Ex. Trees LF 124 8. m 4.13 Excavation. CY 800 12. 9,600. 4.14 SUbgrade Preparation. SF 30,830 .50 15.415. Sub Total 1251,4107. 5.0 UTIUTY IMPROVEMENTS 5.1 4" PVC Water IF 17 20. 340. 5.2 6" PVC Water. IF 27 20. 540. 5.3 8" PVC Water. IF 437 25. 10,925. 5.4 COnnect to Existing Water. LS 1 4.000. 4,000. 5.5 Relocate Existing Fire Hydr1lnt EA 2 1,000. 2,000. 5,6 Water Valve. EA 6 800. 4.800. 5,7 Stonn Drain. LF 20 20. 400. 5.8 DB 1212 Inlet SA 1 1,500. 1,500. 5.9 Relocate Inlet SA 1 1,000. 1.000. 5.10 Replace Sewer Lateral. EA 1 600 600. 5.11 5" Perforated Sch. 40 PVC Pipe. IF 200 15. 3,000. Sub Total 121,105. 8.0 MISCELLANEOUS CONSTRUCTION 61 8' Concrete Bench. EA 8 800. 8,400. 6.2 Bus Route Marker. EA 6 600. 3,600. 6.3 Bus Route Directory. EA 1 3.500. 3,500 6.4 Trash Receptade. EA S 750. 4,500. 6.5 Raised Concrete Planter Beds. SET 3 3,000. 9.000. 6.6 Bus Sheners, induding foundatrons, EA 3 42,000. 126,000. precast COlumns, soffits, roof panels. misc. metal. hardware, etc. 6.7 Pedestrian Railing, per SDRSO M-24. IF 180 15. 2,700. 6.8 Steel Pest EA 4 200. 800. -X /j)-- /&3 ':,1)6,96 14:29 'a619 694 3562 14)005 ~=r;:::,-oi Sub Total $156,500. 7.0 EI.ECTRJCAI. 7.1 12' High Walkway Lighting. EA 8 1,700, 13,800, 7.2 Bus Shelter Lighting. EA 8 925 5,550. 7.3 Vllires. Conduits, Pull Boxes. LS 1 12,000, 12,000. PedestalS, Panel Boards, Enclosure. etc, Sub Total $31,150. ".0 LANDSCAPING 8.1 48" Box Tree, Standard. EA 18 1,350. 24,300. 8,2 8' BTH Palm Tree. EA 11 400. 4,400 8.3 5 Gallon Shrub. EA 618 16, 9,888, 84 Groundcover Area. LS 1 1,450 1,450. 8.5 Turf/Lawn Area. LS 1 3,225 3,225. 8.6 Soil Preparation, including SOil testings, LS 1 1.350, 1,350. amendments, fertiliZers, mulch, fine grading, etc. 8,7 Staking, tree drains, root barriers, etc. LS 1 1,200. 1,200. 88 Maintenance (90 days), LS 1 900. 900. Sub Total $46,713. 9.0 IRRIGATION 9.1 lITigation System, induding site LS 1 24,000 24,000. preparation, points of connection, valve assemblies, controller. heads, mainlines, laterals, bac:kftow assemblies. sleeves, velve boxes. pull boxes, control wires. fittings. etc. Sub Total mOOO. 10.0 MISCELLANEOUS 10.1 Tl'IIfIic Slg".ge. LS 1 2,000, 2.000, 10,2 Signage, LS 1 4,000. 4,000. ..c:. /d '/ / / ,'(J-/</7 '.. 06; 96 .l4: 30 'C'619 694 3562 ~.:'l'C"~ " TOTAL Sub Total BID AL TERNA TES 8.9 Bid Alternate No, 1 36" Bo)( TfHS EA <$ //f- /05 18 690. 12.420. 16.000, $593,375. ~006 COUNCIL AGENDA STATEMENT Item~ Meeting Date 4/16/96 ITEM TITLE: Resolution 18.2 & :J Denying Revocation of Encroachment Permit No. PE-340 issued to Bettie Warren f r a fence and gate on City property adjacent to 89 First Avenue (4/5ths Vote: Yes_No X ) SUBMITTED BY: Director of Public Works City Manage~ REVIEWED BY: Ms. Bettie Warren, owner of the property known as 89 First Avenue, recently applied for and was granted an encroachment permit (Exhibit "H") to allow her to install chain link fencing and a gate across a City-owned parcel, in front of her house. When the work was started, several phone calls and a letter (Exhibit "E") were received by this departtnent from a neighbor expressing dissatisfaction with the City for allowing a property owner to cut on access that members of the community have enjoyed over the years. The neighbors are petitioning for revocation of the encroachment permit. Under the standard conditions of the permit, the Council has the right to revoke it. The conditions state that it is revocable upon thirty (30) days written notice to the permittee. Staff is recommending against the revocation. Residents within 1000 feet have been notified that this item is on the Council agenda. RECOMMENDATION: That Council adopt the subject resolution denying revocation of Encroachment Permit No. PE-340. BOARDS/COMMISSIONS RECOMMENDATION: No boards or commissions actions are necessary for this matter. DISCUSSION: BacklITound: In 1959, a 40-foot-wide by approximately 850-foot-long strip ofland was granted to the City (Exhibit "A"). It was granted in fee by the owner of the adjacent land to the east. Although the deed to the City does not so indicate, the intention was that it would be for future street use. While it has been a continuous practice of the City to require dedication of right-of-way or future right of way as part of the land development process, this dedication took place approximately 37 years ago and it is unclear whether the dedication was required as part of the subdivision of the land or was voluntary. The City Council accepted the property, but has not named nor dedicated it as public right-of-way. The reasons for this lack of naming and dedication are: a) This parcel has no connection to a dedicated street at either end; and b) The width is not sufficient to construct a street which will meet our minimum standards. Consequently, the property has remained simply a parcel of land owned by the City and not currently open for public use. 1'- J Page 2, Item I' Meeting Date 4/16/96 The south end of the subject strip of City-owned land terminates about 135 feet north of "D" Street, separated by a parcel currently owned by Teodulo Garcia and known as 99 "D" Street. Two vacant parcels owned by the Chula Vista Redevelopment Agency are located at the north end of this parcel. The south levee of the Sweetwater Flood Control Channel is beyond the parcels to the north. The levee is a popular place for walkers and joggers. One of the access routes to the levee has been through Mr. Garcia's property, along the City's parcel and through the Redevelopment Agency's land. Ms. Bettie Warren and her late husband purchased property which abuts the City's land in the vicinity of its southerly end (Exhibit "A"). The Warrens built a home in the early 1960s. 89 First A venue was the address assigned to the property, since it fronted on the City-owned parcel, and, if ever dedicated as street right-of-way, the parcel would become known as First A venue. No other dwellings have been built in the area, although six other parcels abut the City's land and are otherwise landlocked. If any of the other property owners were to build on their land at this time, they would be required to install a.c. pavement from "D" Street to their parcel. At the time the Warrens built their dwelling, the City had no such requirements. Some time after moving in, the Warrens installed a chain link fence and gate across the gravel driveway (Exhibit "B") to block entrance to vehicles. This fence was placed on Mr. Garcia's property. Pedestrians and bicyclists were able to get around the end of the fence, when the gate was locked. However, motorized vehicles were blocked. Then in March of 1995, Ms. Warren, tiring of cars hot rodding, children on bicycles, pedestrians walking their pets (and not cleaning up after them), transients attracted by the remoteness of the area, and generally concerned for her safety, asked permission from Mr. Garcia to erect a new fence and gate across the driveway on his property, and that permission was granted. This new fence location allowed connection to a neighhor' s fence to the west to hlock all access. Ms. Warren was also concerned that if the Fun Center were to be approved this area would hecome more of a travel way to that facility from the neighborhood. Shortly after this fence was erected, the City received a letter dated 3/6/95 from Ms. Susan Luzzaro of 95 D Street, complaining of the blocked access (Exhibit "C"). She stated that free passage had been enjoyed for years hy many of the area's residents, including teachers at Rosebank Elementary School taking their classes on Held trips to the Sweetwater Valley. When the fence was brought to City staff's attention, it was discovered that it also crossed a public sewer easement located on Mr. Garcia's property (Exhibit "D"). The City advised him hy letter dated 4/10/94 that he must either remove the fence and gate from our easement or apply for an encroachment permit. He opted to have the entire fence and gate removed by Ms. Warren. She sued Mr. Garcia for the cost of installing and removing the fence and gate, claiming she had his permission to place them on his property. Ms. Warren lost the civil suit and had to have the fence removed. /9'';' Page 3, Item Meeting Date 4/16/96 I' Subsequent to that action, Ms. Warren applied for an encroachment permit from the City to place the fence and gate across the City-owned parcel. Staff investigated the situation and the legality of granting the permit was administratively reviewed. (This type of encroachment may be approved by the City Engineer in accordance with Section 12.28.030 of the CYMC.) The permit was granted, conditioned to include the requirements that a Knox Box be attached for emergency and sewer crews to pass and that Ms. Warren provide keys to the owners of the landlocked parcels to the north of her. The Knox box has also been installed. Ms. Warren requested the City's Permits Engineer go to the site to show her where she should install the fence. Ms. Warren was advised that it would be her or her fence installer's responsibility to determine the locations of any property lines and that if the fence was located on any private properties other than the City-owned parcel, permission from the owners would be necessary. She was also told that the only sure way to locate the property lines was to have it surveyed by a licensed surveyor, and that such survey work was the applicant's responsibility. On January 11,1996, the permit was issued and shortly thereafter, Ms. Warren had the installation started (Exhibit "B"). Almost immediately, this department received one telephone call from Ms. Luzzaro and two from Mr. Luzzaro. In those conversations they expressed their displeasure with the City's actions and implied that the City did not take the public's concerns into consideration when issuing the permit to Ms. Warren. The basic underlying complaint from all of the neighbors appears to be that they have had access to the river via this route in the past and that they should be allowed to have that access continue. A letter was submitted by the Luzzaros on February 12, 1996, (Exhibit "E") in which they protested the issuance of the encroachment permit. It was stated in the letter that the City's decision should have been based on input from the community and that the permit should not have been granted without first holding a public hearing. A public hearing is not required for issuance of an encroachment permit, although in the future staff will holding an "administrative" hearing similar to those held by the Zoning Administrator for zone variances. Notice was provided to all property owners abutting the City owned parcel who would need access through the gate to get to their property . Mr. and Mrs. Luzzarro' s letter rderred to the City's action (granting the permit) as violating "the property rights of others." Legally, citizens do not have the right to pass through private property without first having an easement granted to them by the property owner. Prescriptive rights might be obtainable through court action by the citizens, but Mr. Garcia has not granted an easement for public access and may restrict passage at any time. Any decisions regarding prescriptive rights that may be claimed by those opposed to the issuance of the permit would have to be made in civil court. The letter also mentions that the fence encroaches into private property belonging to Edward Malago at 83 Minot Avenue and that the Malagos object to the fence being on their property. Ms. Warren refutes this in her letter to Clifford Swanson dated February 29, 1996 (see Exhibit "F"). Mr. /9'J Page 4, Item Meeting Date 4/16/96 I' Malago has submitted a letter (Exhibit "G") objecting to the issuance of the permit and retilting the accuracy of the sketch accompanying the encroachment permit issued to Ms. Warren. In order to make a proper determination on this issue a property survey would be necessary. While it is a standard condition of encroachment permits issued by the City to require any surveys needed to properly carry out the permit to be done by the permittee, we do not believe one was necessary relative to crossing the City property because it does not matter exactly where the fence crosses this long strip of land. Because of that, we have not done such a survey and do not know whether or not the fence encroaches onto Mr. Malago' s property. The encroachment permit was granted to allow the fence to be installed across City property only, and not over any other private lands. Mr. Malago's proper course of action should he believe that the fence was installed on his land is to seek redress in Civil Court. Findin!!s: It is evident to staff that the Luzzaros (and other opponents of the fence) believe the strip of City- owned property is there for all citizens to use, when, in fact, it has never been dedicated for public use. At this time it is merely a parcel of land under City ownership. Until such time as sufficient, additional land is granted to provide an adequate width in which to build a street, plus allowing a physical connection to another dedicated street, staff will not recommend that Council name and dedicate it as a public street. Ms. Warren commented that vehicles and many children on bicycles use the driveway. Also, the Luzzaros' letter states: "That road is used by hundreds of bicyclists, birdwatchers, joggers per month." Up to now, there have been no particular problems with the current use of the City's property. However, it is staff's position that, because the City's parcel is unimproved and is not illuminated, authorizing the use of the area may open the City to some liability should something happen to one of those persons using it as a travelway. The contention of the Luzzaros is that the City is denying their right to access the Sweetwater Valley area and the levee. The northerly terminus of the subject City parcel abuts a large parcel owned by the Redevelopment Agency. This property was purchased from the County in 1986, using Redevelopment Funds and was to be used at one time for the relocation of mobile home residents. It remains vacant, and also is currently not intended for public use. The properties being accessed are privately owned and if free passage is provided, it could be implied that the City is encouraging citizens to trespass. There are other access points to the valley: 1) the northerly end of Las Flores Drive and 2) North Second Avenue adjacent to the Sweetwater Flood Control Channel. Conclusion: Since the City's parcels referred to in this report have not been named and dedicated for public use, due to potential liability the area should not be so used. As an added note, staff would probably have issued an encroachment permit to allow Mr. Garcia to install a fence and gate across our sewer easement on his property, if he had pursued the matter. 11"'1 RESOLUTION NO. 18".;./,J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING REVOCATION OF ENCROACHMENT PERMIT NO. PE-340 ISSUED TO BETTIE WARREN FOR A FENCE AND GATE ON CITY PROPERTY ADJACENT TO 89 FIRST AVENUE WHEREAS, Ms. Bettie Warren, owner of the property known as 89 First Avenue, recently applied for and was granted an encroachment permit to allow her to install chain link fencing and a gate across a City-owned parcel, in front of her house; and WHEREAS, when the work was started, several phone calls and a letter were received by Engineering from a neighbor expressing dissatisfaction with the City for allowing a property owner to cut off access that members of the community have enjoyed over the years; and WHEREAS, the neighbors are petitioning for revocation of the encroachment permit; and WHEREAS, under the standard conditions of the permit, the Council has the right to revoke it; and WHEREAS, the conditions state that it is revocable upon thirty (30) days written notice to the permittee; and WHEREAS, staff is recommending against the revocation. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby deny revocation of Encroachment Permit No. PE-340 issued to Bettie Warren for a fence and gate on City property adjacent to 89 First Avenue. Presented by John P. Lippitt, Director of Public Works C:\rs\PE340.bw 11"'> )r;-~ j -1 .. -' -, - , r I - - < ITI OWN BY: JH DATE: 5/1 Z/"" ~ 4t? /1 Il&PEV. A681/CY , , I ~ / , I-- ' I I I _____ ...'_ 1-- I I I - .., I I '- I I I I _~ _1.- ,.. _I-.... I I I I , . R ~ : J '\ I , I ! , J J I --~ \ ,-- . --- - ! I --I I I __ I --1\ ( , r-- I , , ...... '--- - -- -- --- --- -- --- -- CITY ~ - Z ---- I -4 L MAUC.tJ ~ .GAIlCIA \ , I I I \ , '. 1 'I 0" I I I I I I FLOW T. ROSES,AAlI(' . c.'-~MEA/7AIly' ~(;"D~ EXHIBIT ~ 1/ .19.~7 FILE NO. PE-340 NOTE: rl<lIS PlAT IS NOT TO S&ALE AND Loc.A 71olw'S OF I TEM$ S"'(JW~ AilE A~P""OXIMAT€, OAlLY. I C CI ry ) A~~IPX. IAomOli....~ F~C~ AvrHOlflz~D ' 6'1' ENC. PE~MIT ( MALAGO ) .4~ MIA/Dr A1I4. I FINC4 UI$rA 11 I ~~E~i':t:~*:J ~ I, /<J!~{t;A~&IA) ( LlJzt4flO) I.~~'P ~ / 'I -,~"D'$r. -9~ ( NAUEN ) "M ~/ftT II liE. t?,Il/(;IA/AL $NCE ED .II's IY M/I,eIlEN 'I/U,?1I6ST. .0" 5T12cc i + - ir ~~ ~'v' fiLE NO. p~. 340 OWN BY:.J II EXHIBIT liB II DATE: '//l/~~ /9- 17 -Ib .. . . ~ Susan Luzzaro 9S D SlI'eet Chula Vista, CA 91910 426-1841 E:~j L:.R I? /C. ". ;'3 ;1- "'T March 6, 1995 Dear Clifford L Swanson: 1 am writing you this letter to complain about the receut construction of a fence which blocks all pedestrian or bicycle access to the canyon and 10 the levee in the lower Sweetwater Valley. The fence is constructed acroll what would be the continuation of First Avenue, ( and indeed there are two houses with Fint Avenue addresses beyond this point), had the city of Chula Vista dedicated the III'eet. This is a highly contested area and the boundaries, rights, and privileges are, to .y the least, murky. 1 believe it is incumbent on the city to clear up this problem cmce and for all. In the immediate period ) would like you to consider these facts. The fence that Bettie Warren financed extends, now. out over a drainage cIitch. ) believe the cbinale area is city property--) have often seen city workers clearing that area. Aside from the question of ownership, the additional impediments repreaem a problem for this area which is often subject to flooding. Further. during the lIIIIIIDenime tha'e was a fire in the canyon. Fortunately. it was a small fire and there were no Santa ADa winds for when the fire !rUcks arrived the pte was locked. They had to cut the 1ock. ADother possible problem that ) believe the city Ihould consider is IUppose we Deed to summon a Paramedic 10 the canyon. The canyon will coatinue 10 be peopled ODe way or another. There are a number of stories and iDconsiJteDcies reprdina this whole area. ODe week there is a city lip attached 10 a fence, citin& the ordi"",,'~ about do& droppin&s. The implication of the lip is that the P"uy<<ty beyoad the lip is city P""I"'"ty. Now there is just a lip that .ys private P".,...,.1)'. What is Jour procedure for placiDa and removiDa sips? The Malaps who live on Minot wen their P"uy<<ty ateDcls down 10 the ceater of die dirt road-and they Jive carte blanche penttiuIon for people to pa__ on their property. The police have been IIIIIIIDODed to the propat) a _ber of times. At ODe time a police officer went down with Michael Huaaey to the ''''''';"1 ~bi:Idd and looked at a tnap cF the area. This was tnaIted as a COUIIty fOld. The police IIfeed that the public had a right to access. /1- /1 EXI-I/8/T '~ II f'~ Senior citizens who DOnDalIy walk IIId bicycle tbrouJb the _ are ..,.,.. denied Iccess, Childrea who take 1bia Iborteut to scbool nther dIaD the buIy III'eetI are allO denied accell. Teachcn at FeaIer SdIooI can 110 Joaaer tab there cbiIdreD OD aalUre walks. Yesterday I watched I mother &lid bel' two IIDa1l cbildraI who ued to CO for walks out there be tumed bIck by the pte. WbeD I moved to 1bia .. we ~ promised a public park. There is 110 put clole to bere. It's rea.-bJe for chDdrea aDd parenti to waat to make use of the area aDdIor at lea. use the accelS to set out alODl the levee aloD& the Sweetwater River. The siluation is extremely volatile. I beve aeea Bettie WIn'eII use the feDce to smash the back of a YOUlll toaD walkiDa away. I _ve aeea a flat fI&ht between Beuie Warea's aephewaDd IOmeoDe who went fiahia&. She ba...,.,.. joiaecI a Seaior Citizen patrol IIId is usiDa ber uniform to hector passerby.. It is really time for the city to do IOmetbiDa about this situation. City workcn maintaia that road, aDd there is city property at the ead of it But beyond that, it seems realODable aDd fair that everyoae should be able to walk or bicycle down that road. Tank you for your attention to this matter, I look forward to beariDg from you. Sincerely, ; J , ,~-)Y'; " ~ I f. --:: 4/'3 ~-: ~ '- SUSAN lU%t.Alto /9-/;), J:" ~ ~ PI: 7. CITY /f, 1// I /I -..,f" /! g Iff I SCIo'E.e ES/#7' /, V~f'~ TO CITY (I H'D) f. '1/ . f.~~ l ~., I Vi'. ~'> IY ,. (I . I ' / -,~ '0' $T. ~I I I ) L.. /VAlUE^' "", FIIlST .4 'IE . MALAGO -.I' MINDT .4V~. I. IIZZ,4IlO ~ 95 + .D" STllc,E i rj X~ ~'v' FILE NO. PE. 340 OWN BY: J I{ EXHI81T DATE: '/11/'1' "0" February 12, 1996 RECEIVED I'n' Of p1\J~" V1S1 ~ C ENGlfoIEtftlNG DEPT. " fEB \ 2 . I): 2t Dear Clifford Swanson, Weare directing our correspoDdence aDd Jrievance to you because we laIow you are familiar with the Betti Warren fence lituation al per your letter to Teodulo Garcia on April of iast year--allO because Mr. Hardesty bas IOld UI that he bears 110 responsibility for this decision. Apparently your department bas aranted an encroachment permit 10 Betti W~ 10 fence the undedicated portion of First Avenue and block (once agam) access to members of the community. This is an outrageous and reprehensib[e act Who in this community was consulted before the decision was made? Tbat road is used by hundreds of bicyclists, birdwatchers, jo&gers per month. Rosehank teachers often take their classes out into the canyon for nature walks. Last lUIIIIIIer over seventy neighbors signed a petition demanding the fence be taken down. It is this community's access, and bas been for years, to the walkway along the Sweetwater River. Last summer when Betti Warren pressured Teodoro Garcia into putting up a fence the entire community rallied behind him--to the point of paying his court fees when she sued him. At that time your letter to Mr. Garcia stated ....once the fence is relocated out of the sewer easement ... the City's involvement will end." But IIOW the City authorizes Betti Warren, whose history of vindictive behavior is laIown to the City, to put up yet another fence. This decision has effectively cut off access 10 the canyon by memher's of the community--and created the canyon area as Betti Warren's own private domain. The City's decision should have been hased on oommunity qrot Tbe fact that not a single individual on Minot would allow Betti Warren to put a fence on their land is indicative of the neighborhood's feeling reprding the need for a fence as well as feelings towards Betti Warren. This weekend the fence was under COIIIII'Uction. Betti Wmen has IIOt only piaced polls on what should rightfully be considered public land, public acceas-her fence also trespasses on Mr. and Mrs. MalaBo's land. Mr. Malallo came down and asked the man doing the construction and Betti IIOt ~ put the fence on his land-Betti Warren IOld the worker IIOt to listeD 10 the .aeni1e old man" even tbou&h Mr. MaIago bad two separate documents provlna his land riallts. Tbe City bears relpoDllbility in this lituation and for future problems. 1Ddeed, the City has &iven preferential treatment 10 a IiDI1e iDdividua1 over the aeeds and common practices of an entire aela/'hodIoocL Lut time Betti Warren built a fence the top purposefully bared the sharp points of the chain link. Still people lifted their dogs over then climbed over themselves, young kids taking a short cut ~ IChooI EXHIBIT "e II I? - /.5 climbed over, ad bicyclists 1ifted dleir bikes over. Who will be reIpODSible fix" a injury? 1 enclose two supportin& documents. The court action dlat oa1y pve Betti Warren die right to pass over die IIDd, UId Mr. UId Mrs. MaJaao's lUJ'Vey. Botb ~ establish die exteDt of dleir pi' operty a. well a. defiDe die limitatiolll of Betti Warren's access ri&hts. Her poupg'ty ends In front of IIer boule UId dlat II where sbe sbouId build a fence. Surely a decision dlat robs 10 maD)' of pleuure UId violatea die ptupetty ri&hts of odIers caDDOt be ri&ht PJeue look into dais matter u IOOD u possible. 7 sinCferel , ~ jU-Ak", J~,"?", 04-~- v Frank ad S Luzzaro 95 D Street Chull Vista, CA 91910 cc: John Hardesty a -... , /1-/0 &. Z' ~ Ft-2, . CHit!). aV._..DAT&__ s . W . :> . , ~ 0 . .SI ~ o - c::: - ~ -----.-.--------.....-.......... ....-............ &[2,Q,~~L ~~ \/\I1~"tI.:i J r\T 2..~} ~'t> 2.,:zt,. _&11'1' NO_...._OF.J.., .lOa 110. .3.aJS.____ !!;rAI ~ ~ ,":"$0' '. ki:~~Q,~t,) ~'(... \)~\L\.\~~ - I2E'lI\}c)\.f>~ 7' N, 4 U>I . A'iE.. Ct.I\,)LA "1~"'A. '\ CA 4~-SLfOO . ~ . 2 . o oS j)I'lEt=oA..12t;~ 1=t)2'. fCMIA2.\~ 1... N\~\.A!.(.) e~ N\\""QT ~"E. W\J'-" "'~"T" ~~ . \1) Fo~f) "'''..K "R.c.~ ''"t!>\~ I, .......... Nt) 1t&(.. ~ El\\b. ,'I:t.lc.. ~=WIO Lo-r 1-' , I I ,-,-,. , 1'\ 1-. '.' I ,_J . o 0 ,'1 · , ,- -r ....., I_.~). I -, c ~ ~ 0 &. . <r g ~~ po 0 ~ d - o rtJ ~ . , '-) -r '.1'- ,-.'- I L....) l='o~It,,1'~ ,.~{ M p~ ..~ E: 1D17()" _ NCI 1tE.e... ~ I ,)-r '.1 , ~..... I '-., w r w ~~ 1&1 AI 70. ,e,' E ~'(P.2.S .~ I=ou~t) ~ "D)h.a ~I~, ~t). ..c..; ..~'T o.~a ...... T ., '.."loa S LOT 2.2.- MAP Z~7(o ~, . :2.0 1\.170.'e'l; . o .s , r' - ,- t-, '..1 , ...",..~ f.... 1;7.>(7 Ex. "E" R;. .3 I . fft2AVE/- IZOAI) .. : !F- ~ ... = &JI - " Oft D'" J J J - - \ \ \ \ \ , \ PHILlIPS-REV~ .DS ENGINEERING, INC. CIVIL ENGINEERING.LAND SURVEYING n IIIR1II fCIUII1It AVEIIUE - QUA VISTA. CA 11010 (714) 426-5400 November 13. 197 '1'0 Mrs. Mary F. Mlllgo 83 Minot Ave. Chu1. Vista. CA 112010 ... -.of'...~ ...vcae Job No. 3815 10/12 - 11/9/79 Boundary Survey (Rear Corners On1y) - APN 566-12-25 - Lot 22. Map 2376 Survey Crew 2-Man: 3.0 hrs. , $57.S0/hr. $172.50 Principal Surveyor: 2.0 hrs. II $32.S0/hr. 65.00 AMOUNT DUE .....$237.50 . ,)4....- '.* * ;1Il1i ~~.u * · ) , /</CJ .... 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TRUST & SAvINr;~ ...sS"CIATION t ) ~.:: Dt'VES'l'MrJn- t UC. t .. trust... lEU. ) SAVDlG5 AND 1,,:)AN ASSOCIATION. nitST A:i1:JUCA" ) '1'1TLE MD TRUST COKPMY. ... .Cl'llu....cJ:WTRAl, ) I 'f1:DrIV.1. SAVIU~S $ tAU A$..')CIATIOH or SAN D:m;O.) BANK or AMUlCA RA'1'10IfAL 1'MlS1' , IAVIJIGS ) i A:>:;!:C:A~!:::I. u ~te.. FAA2ICIS ]to It:;tI;ESS. ) :<;'t!.VIA T. BUR:;ES:; Id DOES I DROtJ:R Y. ) incll:S ive : ) ; ) i;e!.nda."1U: ) : ) liD: 12311012 JUIAO"1EIn' ~tJn':'I!'~ '!'ITI.!: ......D tNJOI!iIN~ DtT'tN])AN!'S : or... abon .n1:1~1.d call!!O c._ cn "[\Ilarl:;o tor a.erin, ~..n M.re~ II . 1:1'711. in- ~p.1"t1r.ent en. of t:!\. abc...entitled C~. i 'to'!. !'!CTlorable .T.... L. Foc:'lt. J\ld~. PNa!cU,,nI. ai~1; w..'th_t a j I j1Zr7, and H.... LA"'DG1V.1'. apr-eari:l! .. a't't-.y for plain'tif1'_. andj . it .ppearin~ 1:0 ~~e Co~. end ~'IoI! !"?UT't r..1\d:.:tr that ..:'Yi~ of I ~ 1. I Ii I ~ ! U ' /'1- JI/ ; ex., ~E" P6.5 -. 1; ~ I ~ " l't"'" "U7Tnns on _fsftl!M~S: ~~ A. ~..t."!O}f. 3J:N: G. SAlIIO.. &.12 2 Fl'.ED .'t;"tiIOJ< DE VITr. "J'~ .'NeE H 1In'f. EDIlAJa) I.. ~O. KAZf r. 3 4 ",!.LI\~C. eo;m~AJ. AUltXLIAF.Y cnsl'M!'. ~ ~~... &Me 01' MDICA JL'TIt'KAL '1'Jtt1'T 1..'11) IAYl__ ASSoaADCIII. flU: r...~tIEIIr.' DC... .. 5 ~~... 'lEU. .Ames n:n uwr n:soev.uoc. JTItft A,'fDICAX D'J'U: , "'iD TJlUST Cmr!'AJIY. .. tzotataa. ..........u. n:aEJtAL UVIHn5 . UIAJI 7 ASSOCIATIOt/ 07' SAX >>mo. MID: 01' A.WJ:P.CICA 1lAne>>w. Du&: & IAnRS I 1.~C~I".'l'ICI:;. u u-u.~... ~lS t. 1ItI1I';~. f:!'t.1'YA T. Su_..... ClUj .. ",?;S I '%'MRCt;r.H ". Inc:llaiY.. ".. ACcor,:ol1at..~ PU!'lU&ll~ to Se~I011 ! . 0' ~ '115.30 of ~. C&U.~~. ~ of 1:1911 1'. I U sdd de fendan~s hu ad:n'''1edr;e4 "ft~ of . /; /: Inee hlvine to!!" -.elSe em 1"~.lr of _" aueh def_daftts. _d "'sir ,I ~ faults h.vir.~ hfo.n "eT'e~0"n7'l! e"~cN". _:! ~M Ccourt f1Irthsr 9 10 II -- and 'tIYt _ch of or.. ad _ appe_ 12 13 I~ :, !indinF: th.t C:.fenc:ar.~. C'I'i'Y ar Ch""J. 1'IST.... Juu hsre~ofore _de IS .. :: · confession of ~\ldfl"en~ in r.vo:- of t:,e ~o'...-n_d ~l&in~iff.. 16 , .me! tr.e Co'rt h.vi.,,. ;,,,""-,. ~.* evickz'.QO. ..,... ".1ft" lua;( advi:aed ,. I:. \" . Ii 1."1 ~..e PNBU....~ I I IT IS n........T O~ZP.T.:). A!I.n.~ A.'It! m:cm:I:D AS fOLLIT.l,h I ont.'t the ~!.ne o! ~l&!.."\~f!a b ad ~o "'e JlU'Oe1 Ian.- I , !....!'te!' otellC'!'ibed 10:' 115: and .n'~:I': by plaimlffa ,_ ri.,.~ , o! \I~ J>V1"Pn.ell lor .':" ..... ~o IE'Id f'1ea "'. n_l of ll1ftd ~ed I !'I" t~elll .~':u.':ed 1.'\ ':he ~,'\L..t-: o~ Sc\ !)ie!!". S':cte o~ C&lilam1a. I i . 110" pL-tie:a1ar1)' ....c::011.ecS.. !oll_s: ~e liort!lerlY 210.00 feft of the Soft!te,.ly .'0.00 feet o! all ~hat pol"tion of "'a ....Ur~ IaaU of tIM EMu!'1y bal.f of 10 ac:N !At 1 b ~r Ie cUm ::'25 u! Itaac:.'to J)e La ..cion. JII tile City of Oaula nata 1ft the C:-ty of laD llieao. I~ o! CaUfOn\la. a~L"\1! to _I> 1:he~! ~ MDl'ril .0. 11'. fUed In tII. offloa 01 Coaty ....-1'IIer 01 .sa D!ep " _L", 17 II 19 20 21 22 23 24 25 26 27 21 . .. , ~ " .- .. ~f: . . ~.:. t ~-: . .' .::r ~.; ~~ -. ','1 1:-~ .:.: lefinDinc at "'a r .a IS 10 aeN loDt , I' ~ , ZI(~ -... ~ I i , I . SoIrthv_tel'ly 0..._.1' 01 add Ealtt U1f of 1. ~"'''ee a1G1:1~ ~e Vuter1:' u.~ o! ~..1cS 2. l'f-.:JO Cx. "p.~. to:; 11 s:t3 1 J J 4 5 ;".A.Jt I.ill!. IOor'th 180 Ill' eO" Wes'!:, 2i.01l hr.t to tile true point of 1>etinn1nv.: 'l'banoc aJ.on& puaUal with ~ louther1y 1iM of - aaid Lot' 1, :ic:'V\ 710 1.2' I;&st, 2U. n f..,u 'lhen~ lIorth 1.0 '" "'.at, .n.oo r.et to the Worth liIIe of t2\. loath "0,00 teet of ..de: 10 acre Lot 1: 'l'boncc a10nf t.itc 1Io:'tJIerly 1Jae of add Soatb '10.00 fMt,.lnth 71 12 ....t. 211.71 1.lt. ... _ 1&.. to the Ven UM of latd Eat half of eo ... IoGt 11 ~n_ alan& the ....t.r1,. Uae of .aid Eatno1y 11&1" 80trth It 1;1' ,!." );ast, S":;.c.o feet to the tl'lle poJAt .f ..,I_h,.. 6 EXCEPnNt: mtlttFJtOM 'J'HAT POr.:IO); .w.:r.1.0r mx; 1In'IIItl '1'EE FOLLOWDiC m:SCaIBEtI UoHD I . 7 "~1nJ at the loatheanarl,. _or of Lot 25 of 11 IDaho Villa, accorc1iJl, to ::a;. thu.,,' ::0. :3'''' t kJ.n, .lao . pobt in the Sovthe:rlv line of the We.t.r-1v half" :If .a1d 10 aen Lot: 1, 9 tnicta..,'!: thereon'Sout!. 71012' "e.t ;i.91. feet frea the Sollthoat Po cumer thoreof; '!hence Wan!! 71" 12' Eaat, alCIII~=d lCIIItJIerl,. 10 ~ li". IjO.!lC f.et: ~_ce Jlortherl)' al=; a Uno pa-all.1 I wi'th and 110.00 reet Eater1,. &'t rilh't -&1ea froe the to1~in& 11 . eSeac:ribec course. in 'the J:eater1,. bo-daz7 Uao of .aid 1:1 Janoho Vi1lu, Nort.~ IS 0 112' W...t, to III an!!:lo p01nt, th.nce 12 IliOZ"tb.o liS' 35. Een to .. point in tl\6 l:etterly lin. (If the r. Eanerly balf of aud '0 ac:re Lot 1. Min& aleo the true point I! of 1>e~inl:linr: ':'t.enee :;"r~h CO IIC' IS" wet. 1;.. a point in the r: l:"n"rlv line of ~!'tf! Ii.."tp.rly 110.00 fe.t of .aid Eater1,. halr lo! .0 aCN Let 1: TlIer.ce alt'n!: aaig Easterly line to a point ! CI:'I 'the ::or't:. line of the Sou~h "0.00 rut tot a.id .0 eere Ii :..tIt: Thence :;Nr.~ nO 12" lies,,;, along sue: lio!"th ]in-, !lO.O!) :: f.et to . point in the ~e.'terlv line 0: aaid ra.te:rlv half II f'! .6\d !.-I": ~e::~ .;;o:-u'\.!, 16<" ~l' 1i0" <:e!it, alon,t I:ai~ Iie.terly line 'to 'the tt'Ue lIOi."It of 1>erinninr, l:Ie and it is hereb,. q1l1eted iD ~l~'titfa' aaid I'1ld1t of VJ17 for . 13 14 IS I 17 11 19 20 21 a-a purpoa.. "~a "aezoibed as fo1~.: M __nt for ri~t of v.,. for 1l1poa.. and opoaaa . o".~, &e2'OSa end elo."ll; a ~o:rtiC'n ot Lot 22. 1:1 ~ohoc Villa, ~ to Nap thereot 110.2176 11115 . 1IOrt10:0 of .0 Acre Lot 1. J.D QuaJotar lectioll '125, !'Iancho te 111 !.aciO"" accon1in. to Hap thereof Ho. 15& .-de by Horr111, all bdnf in th~ City ot Chula nata, c..-.t7 of la:n l>ioJO State of Cali forn:!.a, filet., in the o:>ffice o! the (ow:t)' Jlecordar of I San D1eCO County d.-"cor1I>ed _ foUcwa: 22 23 24 P.uCEL 1: 25 26 27 21 ,. ItI'1p of land 12.00 feet v1eSe 1,.111, 1.00 f..t _ liCeI' aide of ee:lter line cle. c:r.L!>ed .. fol1owr: Beg1r.nint at the 5olrtbe..tv1y co~er of I.ot 25. 1:1 ".0 Y111a, aCCOl'd1na to Hap thaNO! 110. 217&. NocmSed ill the office of "e JleconSer, San Die$:o County, 1:Ie.in, aleo a point iD t2\. IOIItbar1y line of tb. ....Url,. half of .aid .e Acre Let 1, diatlllat tbarecin South 710 01' DO. ..at. 51." feet, (South 710 12' ., ...t.'l.16 ~. Ii /Y-~I Ex. ''t'' Ft. 7 I I I I !. . . ; ; . . ~ , ~ ; I I i I ! ; ! .. ". J J II , l . 1 ~. j t )! ... ~ I . J 2 :5 . , 6 7 . 9 I JO 11 ~ J2 " 13 ~ 14 i I 15 i , 16 1 I 17 :1 JI ! J9 20 ., ~ :!l 22 n !I 23 'I 24 ~ 2.5 I 26 27 :!S , SM ~~..t. record) ~ 'th. So~_. ClDl'Der of 9'be ....t.r17 II&1f of ..id 10 Acre Lot 11 th..ce .~ 110 ,.' .,- weat, 11.00 r..t to , t~e J7cUberly ript or ".y of en- Itn~ .. .n_lialsed '" Do~ 'tt liD. IUU, tiled 1ft tbe ... Diep C~.....t,. """'1". orn_, "-yl1 195D; thuce ICI'th no 01' DO. Eut..L...~.DO ,..t &1_. aai4 lOI'ther1l I'1pt of .., 1Sae 'to" 'DUE ru~T or Imr..l-.., tile lortll 07 . '" as- J:u'. 2....' '"' ~. ~ ___ :u- of 0&1. 12.00 hOt .triJt to _ ~....c1_ dC tile s.t a..da7 or . We.t '0.00 f..' to tbe Eat 1Ialt)' .0 A-. loot 1, Qurt.1' IiMt1aB 1'!5, landlo .. 1.a 1Iad._. ft. ..,de U"," .f aad 11 .80 ~ atri '0 M U'C...d .. ....taMeS f.- po1ata at rip' -f~. to t2aa... of the _tal' JJae to 1atc.Met 'Che Z_t IIoaduy 0 tII. v.at.I'~ 1I:t.OO feet of the Eat IIalt of .&1410 A-. kit 1.--.1 the ~ ~ tocnzndarJ or tJiIe Iovthel'ly ZI.OO '.n of .aid '0 Acft kit I,Quart'j Secdo" 125. 'acho de 1. kelcm. . r:,~C'tT. 2: %h. Nort.'t.rly 26.00 f_t of 1:I1e Southao17 215.00 ~t of tile I We"terly 50.00 het of the Eult 1I&1f. 10 AC'Z'& kit 1. Qu.rter S.~1e>n 125, !teacho de 1& :.acior, 111 the Ci~ of Oul. Viata. I C"unty of San !Ii_so. 5tp.t" flf Cali!crmia. i IT :t n.;n'H!:R a~~!lED that defendanu be. ard tney are . . ,..,,~ein.1 ,~'" en~.~\i"\~ ~ or' ir.te1'ferinr ..it" J:laindff.' rrr,:.4; tC' the u!:_ and .~~C'!'DUIt ef ....1d IE"" for .CCl!U ~U~I... :.u.... , , ,:r>,a IIlV't _... ,_,~ !",";~-': "~.., :31... rcnftOl 10. )'oC2! .J'-'f.....,L Qf" "IU. :\",r:.J'.J.UX ~J&;KT: .. -'-' "., .&tt~_. '.-'~'..4'.I.'.I..'~ III-wu .. .1..~"""""*,_,, ~ . ..........". :.... .., . A._ ':"IWt...J..t 11.("'" .!' ~ .O$U1Jl, ;_ ~,~=,"~tI[t~~ft.~ '~~~;?' '., ..do... ~"" . . . ;!.~. ~. .tDJI 7~646S6 fiLL' ~;.a ..;..... 1001_. UCaIUIEII tllQl/iSt 1111 u, ); :D,~~u.:r' Mii'~ 3 It" fK 'lit orFICINoIECGlDI UII1IIIGOCllllln.U!-IF. ....Ln '.I&.I1II I!'CGIN' ,. $6.00 I li-~~ EI(, "E" PG.~ ~. ~ . :i . 4 , 1 ~ J J i 7 .- , ! . .... ~ ~ .' ., .;. .. :~ ~ ..';: .~ . ". . .. :J, j:j .' . t I I I , , I I i I I "I"to" "'~. ~i:.."'~- ._ 'fC~U\.~'l"'~ , " ( ~ ~ Ort''' . " ,.,~" ;:ilt~.' c:~,_, ..- t6 ita 29 ",,,,, FEBRUARY 29, 1996 HR. CLIFFORD SWANSON ENGINEERING DEPT. CITY OF CHULA VISTA, CA. DEAR MR. SWANSON; THIS LETIER IS IN DIRECT WImAL.."1'02IHE::t.mER:.:SE61'.:TO..YOU BY FRANK AND SUSAN LUZZARO. THIS FENCE IS NOT A COMMUNITY ISSUE. THE ISSUE HERE IS MY SECURITY. IT WILL GREATLY ENHANCE MY SAFETY BY KEEPING OUT THE VEHICLES. THERE ARE NO HOMES BEYOND KINE AND ANYONE CO!lING DOWN THIS EASEMENT IS TRESPASSING AND INTRUDING. MOST OF THE COMMUNITY DOESN'T EVEN KNOW THIS EASEMENT EXISTS MUCH LESS WANTING TO USE IT AND I'M SURE THEY WOULD FEEL IT WOULD BE TRESPASSING AND INDEED IT IS. I HAVE VANDALIS~I BY THE YOUNG PEOPLE. THEY HAVE CUT nns.-..:~ FENCE ALREADY SINCE I HAD IT PUT UP. THEY ALSO CUT CAL-TRANS Fi:NCE BY THE FREEWAY IN SEVERAL PLACES. THEY HAVE TO KEEP ~EPAIRING IT CONSTANTLY. KOA CAMPGROUNDS SECURITY TOLD ME RECENTLY THAT CRIME IS ON THE INCREASE IN THIS AREA AND THAT IT IS ACTUALLY DANGEROUS. I HAVE NO STREET LIGHTS AND NO POLICE PATROL. PEOPLE USING THIS FOR NATURE WALKS TAKE THEIR WALK AND GO HOME AND DO NOT KNOW OF THE PROBLEHS I HAVE HITH VANDALS AND PEOPLE DRIVING CARS DOWN INTO THIS AREA AT ALL HOURS OF THE NIGHT. THE PERMIT HAS BEEN ISSUED, THE FENCE IS UP AND I KNOW IT WILL HELP A GREAT DEAL. I AM INSTALLING A MOTION DETECTOR THAI TURNS ON LIGHTS AROUND THE FENCE AND WILL SET OFF AN ALARM. PEOPLE OWNING PROPERTY BEYOND MY HOUSE NORTH WILL HAVE A ICEY POR THE GATE TO GAIN ACCESS TO THEIR PROPERTY AND A KNOX LOCK WILL BE PLACED ON 'IIIE GATE POR POLICE AND FIRE DEPT. TO ENTER. ... THE WAUCERS, BICYCLIST, ETC., HAVE'mREE OTHER DIRECTIONS TO GO AND 'IIIE ENTRANCE TO 'IIIE SWEETWATER DIKE IS OFF SECOND AVE. 'IIIE aOSEBANK SCHOOL PRINCIPAL HAS PUT OUT A BULLETIN TO HIS STAFF 1<<)T TO BRING THEIR CLASSES TO THIS AREA BECAUSE OF THE DANGER AND IF A CHILD SHOULD GET HURT THE SCHOOL DISTRICT IS SUBJECT TO LAWSUITS. IT IS TOO BAD A FEW HAVE TO RUIN IT FOR EVERYONE. AS POPULATION HAS GROWN AND WITH YOUTH CRIME NOW ALMOST OUT OF CONTROL, I HAVE TO PROTECT MYSELF AS BEST I CAN. -"MY- PROPERTY IS POR-sALE AS~- I FEEL IT IS UNSAFE TO LIVE DOWN HERE BUT REAL ESTATE IS NOT SELLING EXI-/I 8/ T NF'/ /'l-2.E .- WELL AT THIS TIME. AS YOU KNOW AND I HAVE BEEN TOLD BY THE ENGINEERING DEPT. THE CITY OWNED EASEMENT DOWN HERE IS NOT A DEDICATED ROAD NOR IS IT IMPROVED AND IS NOT MEANT FOR PUBLIC USE. I SINCERELY HOPE THE CITY COUNCIL WILL NOT CONSIDER REVOKING THIS PERMIT AS UY SAFETY IS CERTAINLY MORE IMPORTANT THAN A FW NAroRE WAUtERS WHO AS I SAID HAVE THREE OTHER WAYS TO GO AND CAN ENTER THE AREA mEY ARE TRESPASSING TO - OFF OF SECOND AVENUE. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. SINCERELY, BEnIE WARREN 89 FIRST AVE. CHULA VISTA, CA 91910 THIS FENCE IS ACROSS THE CITY'S 40' EASEMENT AND NOT ON MR. KALAGO'S PROPERTY. ALSO I WANT THE COUNCIL TO KNOW THAT I WAS HIT ON THE HEAD AND SIDE EY A LOCAL YOUTH BY HIS SLAMMING A FENCE GATE TO ON ME PURPOSELY WHEJ.', I TOLD HIM HE COULD NOT COME DOWN THIS EASEMENT AT A HIGH RATE OF SPEED IN HIS PICK UP. THERE IS A POLICE REPORT AND PICTURES. I HAD TO HAVE A RESTRAINING ORDER PUT ON HIM. ALL OF THESE T"rlINGS HAPPEN AT MY HOUSE. I 00 NOT GO TO OTHER PEOPLE'S HOI-lES AND CAUSE TROUBLE. THEY COME TO lITNE.!!y TRESSPASSING. I f-~Jf Ex. "F" PeS. 2 , i From: E.L. Malago, Owner Lot 22, Map 2376 83 Minot Avenue, Chula Vista, CA 91910 ~6 lIAR 12 PM ) 26 ri!:.CEIVED C'i v OJ' CHULl. VIS1 A . ~NUI'JEERING DEPT. To: Clifford L. Swanson, Deputy Public Works Director, City Engineer Ref. A. Authorization for Encroachment In City Right of Way, Permit No. PE-340 Enclosures: (1) Sketch showing area for gatelfence Installation Issued with Permit No PE-340 (2) Sketch showing descrepancies of sketch Issued with Permit No. PE. 340 (Ene!. 1) ~ (3) Sketch by E.L. Malago showing extended area of Encl. (1) (4) Lot 22, Map 2376 survey, Dated 11-9-79 . (5) Lot 22, Map 2376 Survey Dated 7-22-87' (6) City Map 2376, in part, Area Concerned Subject: Objection and Reasons for Protesting REF. A. 1. I strongly object to the authorization of Permit No. Pe.340, Ref.A, refers, for the following reasons: A. The sketch issued with Permit No. PE.340, Encl (1) refers, is filled with errors as I see it as shown on Encl (2), using Encl's (3), (4) & (6) for verification. Even the north direction Insignia is 18 degrees In error to the west. bid the City validate the accuracy of the sketch? B. The three (3) fence posts Installed going north to south are definitely on Lot 22 as shown on EncI's (2) and (3). My land survey, Encl. (4), shows that my property extends Into the road about six (6) feet in the easterty direction and about twenty .four (24) feet In the northerty direction. I insist that the three (3) posts be removed. EXH/8/T /?-':(5 ~G II ..-----..--- " C. This is the third differe"" location Bettle Warren has installed a fence/gate on the graveUdlrt road on City and adjacent properties. Not one (1) foot of fence was on Warren property. The two (2) previous locations I also protested. The present location I can contest and hold the City liable. (1) Being as the City owns a forty (40') foot Itrip of land east of -my property, I respectfully request the City do a land lUrvey, the tlndlngs could be very lurprlslng. D. One of the reasons I bought our property was I loved my view from the back yard, a NraI appearance where one may enjoy some open space. Mr. Warren (now deceaSed) had horses on the norther end of his property. I visited with him, talked horses, enjoyed that, for I owned horses. I enjoyed seeing people, children with dogs, walking toward the open space. Bettie Warren has been trying to take that away for many years, dis-enchanting herself with all her neighbors. E. I saw a young girl strain for about ten (10) minutes to get her two (2) dogs over the previously Installed fence/gate. Very saddening. Also saw young people lifting, straining, and dropping bicycles over the fence/gate. I do not want tG see more of that. ... ~' 2. I do not know what reasons were offered to the City to authorize Permit No. PE.340. If one (1) of them was vehicular traffic, the only vehicular traffic that I notice belongs to the renters that live on the north end of the Warren property that previously was a horse barn and horse corrals. A. When I bought my property, I was Informed by the Realtor, all lots in the area are R.1 lots, when was the Warren property designated R.2?? 3. Confrontations with Bettle Warren at times prompted me to have \ land surveys In 1979 (Encl. 4) and In 1987 (Encl. 5). At a cost of $600.00 Wooden IUrface markers were Implanted, within a short period of time the markers would disappear. Mrs. Warren Is well aware that lhe must trespass on my property In a vehicle to get to her residence due to the Superior Court granting a judgement to William E. Warren and B8ttIe J. Warren for right of way, egress and Ingress to their property, Superior Court Document No: 323442, . dated March II, 1974. Refers. . . A. Does the right of right of way apply to the renters also? , ;1, ~0 cx. (;" ,q. 2. 4. Some of the topics mentioned above may not be pertinent to the subject of this letter, But. It is my opportunity to present to responsible City officials just a few of the problems and questions that me and my neighbors would like resolved. 5. We do not want fences/gates on City property that would obstruct access to the rural valley and open apace that we tax payers/voters enjoy. 6. I am available for questionslinterview anytime. Respectful! , C: ;1. ~ 83 MINOT AVE. CHULA VISTA, CA 91910 426-2750 ~ cc Sid Morris, Assistant City Manager George Krempl, Deputy City Manager Shirley Horton, Mayor, Chula Vista ;- /?- ,.<7 E '6" D. x. re;. ..3 " Rlco1'dUlg rtipltstld by IZ1Id pleDsI rttll17l to: City Clerk City of Cbula Vista . P.O. Box 1087 Chula Via. CA 91912 [ X) This documeDt benefits permiaee. RecordiDa lee required. 'C,~ , ,~. T (This IpICe for Recorder'. _. OII1y) T Affecu Assessor'. Parcel No. 566-131..()7-OO AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY Permit No, PF_:\40 Application Fee: Receipt No.: Insprition Fee: "'-. Receipt No.: ~105 00 . 141~10 S1 ~~ 00 ,1..Q,\';, ",' Pursuant to Chapter 12.28 of the ChuJa Vista Municipal Code, permission is hereby JlUI!ed by the City of ChuIa Vista (hereinafter 'CITY') to: RE'1TIE WARREN (hereinafter 'PERMITTEE') to do work within a portion of land belonging to the City of Chula Vista (Assessor's Parcel No. 566-131-13-(0). All tenns and conditions of this pennit IS to the PERMITTEE shall be a burden upon permitlee' s land and Ihall run with the land. All conditions apply to PERMITTEE and all bislber/their heirs, assp, lU~c'ssors or transferees. . WberelS, the PERMITTEE hIS requested the permission from CITY to eacroad1 on uId CITY'. parcel adjacent to IDd for the direct benefit of the foUowlD& described property: ADDRESS: 19 FIRST AVENUE LEGAL DESCRJP'I10N: III die CIty f1l ChuIa VIIta, CCIIIIIty f1l Sa DIIao, Ikate f1l Callronda, beIDa tbe DOI'thtrlJ 270 flit of the ..........., a5 reet of the 1NIterI7 215.71 reet of tbt IIOItbtut qurter or Qauter SedIoa W, _.... to Map thereof No. III,... -ill! III tbt amce tl tbt CCIIIIIty Jt.coadei of Did CCIIIIIty MayU, I"', excepdDa th..4.Gm Chat IaDd tr-~ totbe CIty ofChula VIa by GtDe O. McMmiD rworded III tbe CoaDty .......-'. aIIIce AprI110,1t59,1II Book '571, Pap 460 of omdal Records, f l<f-,J,B ~l ~ /). /t - j/fJlf"r J ^ EF, ,." C\~ Ex, 6" f5 ~- PERMISSION IS HEREBY GRANTED to do the roDowIDa wcll'k: IDDD. dIaID IIDk fIace.. IIId CltyoOwued parcel ill accordaDce with the anached _etch. (bereiaafter "ENCROACHMENT") Now. 1berefore, in COIISideration of their IDUIII&I promises. UId ocher aood UId vahllble COIII!deruioD, 1be panies hereto agree IS follows: Permission is hereby JntUed PER.MITI'EE UI izIsIaII die above-Jr....1nr-' ENCROACHMENT on die real property of CITY described above in accordance with the followiDa eOJlllir1ons: 1. The ENCROACHMENT shall be insW1ed UId "'.;....lrIM in. life UId IIJIiwy 1IIIJIIIer IS determined by CITY. 2. Said installation shall, in no way interfere with the operation of my existing lIti1ity (except IS indicated in Item 5, below), including but not limiled Ulllorm drain lines 0WDCd and 1fI.;",.i'led by CITY. Any changes of or to any lIti1ity due UI die insWlation by PERMITI'EE of private facilities shall be at the sole expense of PERMITTEE. 3. Maintenance, removal or relocation of the above-mentioned insWlation of die private facilities shall be the sole responsibility ofPERMITI'EE. andlor pERMITI'EE'slessee. should there be any, at no expense to CITY. .. 4. Said installation shall conform to all standards and specirlcations IS staled in die Chula Vista Municipal Code. 5.' PERMITTEE shall provide a ten. foot-wide gate in the fence to provide access for City crews to maintain existing sewer facilities lying within said City-ownec! parcel and. If locked, PERMITTEE is to provide a key to the Department of Public Works Operations Division. 6. If said gate is locked, PERMITTEE shall provide a key to all owners of properties dlat abut said City-owned parcel and that have no other legal means of entry from a dedicated street or alley. 7. PERMmEE shall attach a Knox Box or Knox Lock UI die ,ate in accordance with the requirements by the CITY's Fire Department. 8. PERMITTEE shallllOt allow ENCROACHMENT 10 block IIIIIIral draiDqe of Itormwater within die drainage course in the vicinity of die proposed ENCROACHMENT. This permit is revocable upon dIirty (30) days wlm..11 notice UI die permitrec. mS upon such DOtice. die lmta11ation must be removed or relocated. IS and wben specified by CITY. at PERMITTEE'. eoat. If PERMITTEE fails 10 ra:aove or relocate ENCROACHMENT wiIIIID die period ano-'. aTY ->' cause such work to be done and the eoat tbereof shall be imposed IS a Jim upon PERMITI'EE'. iII~' PERMITI'EE shall defend. iJItI""",ify. protect UId bold harmless die CIty. III eIec:tId IIId "W"Wted officers and employees. from and apinst all claimS for damales. liability. COlt and cxpenae (1DcludinI wIIbout limitation attorneys' fees) arising out of die conduct of Ihe PERMl'ITEE. or any qent or C'JIployee. subcontraCtOrs. or ocherS in COIIJIeCri"" with die execution of die work covered by Ibis ~t. except 19-19 Pl&1~ Ex.. ~" -P~ S only for those claims willa from the sole aealipIICC or sole wi11fu1 ~'(:I of the City, ill officers, o~ anployees. PERMITTEE's iDdermlification aba11 iDcJIIde any and all COlIS, ..rr. __ =-. uromeya' &es and liability Incurred by the City, lis offic:en. apnIS. or anployees in. defeadiDa -.,.- auch c\aimJ. wbether the ume proceed 10 JudImem or IIOt. Funher. PE.RMITI'EE 11 lis own apaIIC Jba1I, upon wriIreD request by the City. defend any such suit or action brouaht apiDst the City. lis ofticen. aaems. orllllployees. PERMITTEE's iDdemnificalion of City aba11110t be 1imited by any prior or JUbaequem cleclaruion by the PERMITTEE. PE.RMITI'EE beIeby apes 10 and Jba1I cIefmd CITY. ill elective and appoiDdve boIrdJ. ot!Jcm. IIeDtS and IIIIployees apinst any claim, and in any suit or proceediJl&. 11 Jaw or in equity. for dlmqes CIIIICd, or alleaed 10 have been caused. by actions tIIcen or alIeaed 10 have beeD tIIcen UDder this permit by PERMITI'EE directly or by hislber/their aaellt(s). comractOr(s). or aaems or anployees of _. PERMITTEE further qrees 10 and aba11 iDd.....nify and hold Iwmlesa CITY. ill elective and appoiDdve boards. omeen. aaems and employees. IS iDcf....nit-. for any claim. suit or proc.-4ma aubmiUec!. brouaht or iDstiMed apiDst CITY IS a result of actions tIIcen. or allqed 10 have beeD tIIcen, UDder this permit. iDcludq. but not limited 10. any usened liabi1ity for Iou of or dImqe 10 property or for personal injury. includina death. The undersigned PERMITTEE hereby accepts the foreaoilla encroachmellt permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applic:able laws, including any spplicable provision of the Chula Vista Municipal Code. It is further aareed that if any part of PERMITTEE's ENCROACHMENT or PERMITTEE's riJllts under this encroac:hmem permit should interfere with the future use of the CITY's right of way by the aeneral public, It must be removed or reloc:ated at PERMITTEE's expense and such right shall be terminote<las and when ind;r'r.... by CITY. . . In the event of a dispute arising as to the terms or interpretation oj-this permit. the City Engineer shall Jj\; resolve said dispute in his sole and unfenered discretion, reasonably applied. it (End afpage. Nut is Signature Page.) , /'1-30 . Do., J Ex. {;" Pts:~ . ~ Cln'-IIW"6D PItIlP4ItTY' 4()' / I I / / / I /~/ /~'<I~ I / ~ / / Q / ~'<J~/ I ,.," / r (J/ / / ,," v'v ,4- It} '< ~ to "D" . .;' WAlt1t4N P~"'4,"Y STIl.E~T SI<~7c..H IS.s"f.E~ WITH E'1'Jc.R<M.CHfI1EN'T 1l=e~"T ,. P. ~.e~e,.; . . /1-3/ 6 ~" 'X. u .Fj; .--7- . .~ --; EN.C-L.( t) €CIT'I./JIIIN4D . ,L-T-a.:I '~"'4~T'I' Lo~-1."" P,~CC.T1' AI I'/4.Il.I(. , /i'- .01'1= T.~ ""t"-,,..D ,.,.".1 .., ( J!e;Je:l.f"\.1 I..O.J,z /..0 r- 2. l.- ~cr<1..3 . eX.rEN/).5 .$1"1. ~') ~~eT INrtJ <11t. t4 liE (. ROA-J?. _f -. ._~~ / "A. ~~ ,~ ~ '< ::.~ to 4()' , l )C. l I I WA*.4/1 '~.'"t MfR. "I. Locolfn ,. H N"'7"~ IHsV/iI..r..el . "<-, \ a, St!7'1 .L./..)- /. / If;,' ',48 / / -IN /~/f / ill' I (J~J. / if /,<;V / I~ /.;' 1r.,,4'/ ), r' / w / ;) / IiI UT' ;to. Bf:,.:J 1:> . ItP, Nor .3'" . .o' "0" S T IlE~ T " J'Kt!n:..H-' ~HO&"JlN 6 !.. E V IS. €.')> pfl ~ ~ .4<! c.., ,c....7E. . ~1;.(r&.l4 'I. -~ /'1- ?/)" 1=" '%''' ~:~ . .~ .'; ENU. (V A/"r -.~ ~ - "'. '~"'.' c: .~ '- ,--'- ~ I< s:."ic. _:.r' ':;!..I.~ I).~ ...--,; ~ _ _ I Ii:";':' ~~~ ;.::. ...... ."J'" . - ....1..1 I'.:."': 1'-~~ ;:::_'. 1_.~ .' 0_.... - ' . ,- .' , [I-. L/2.t.- 275 () LOT-rq 1. c r"- 2:. !; '- ~ .,. - ;:. ,"1 ,~ . . . , 1-C-- :...:. - I -....- I , ZI" .: .' : := - ~::; ;- .'. t.' -~ ;.~ -.y .~. f"\ ;'4."_ .! _':' 7", ~.~,; : .~... .: ;.." ;'~f' ,"" "-'.' 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"UT __..1-01'.1- .lOa NO. ..3aJ1S <rat c:. c....I..:~O' . . j)ne.T:IO..'2~~ .1=(;)2', E~I:Ia..'XN.C.. eCM.IA2.,,) 1-. N\Q.~C) e~ ",,\~c::rr A'll:., ~:WIO Dl\J\.JII.. "\~.,.,, ~~~ . . \0 ...,;- ~.. : -( 1='o~""f) J." ....~~ "Q.t.~ ,~~\.,.. ~Q 1Z&C.. -, ~'t~12. ~t) ~'r":. \>~,'-\.. \ y~ - I2.E'iI\)CI..t)~ 11 N. 4 ~ A'IE., c.~ \,) LA "1 !. T"A '\ CA 42b-S~ . , o ..g , C- -~ L J I - I , ,-,-r "p. 1-.. ,_", 1_1 . '0 a .1 · , r- -,- . ':."1 ,__ ,-) I " c ~ 1. ~ o &-- CI ~ ~ 0 to rJ -. o VI ~ . ~ . UJ ~ . ~ 0 - ,J) . l- e :2 w i w. is ~ ~ I ,-)-r '.1,- 1__'- I L...) j.OO~I) !f~" i>J p~ ..~ t; 11>1'7(;)" _ 1\1t.~ ~e.c... ~ . , '-J-r ':'.J I ~. '- . L. I ~ - - <: ^' 70" It,' E E, L (YJII-Io.M; 0 3'(P,2.S. LOT Z2., MAP Z~7(O .~ . o .s E. 1.., m.~.I,~ ~ 0 ~\J~'t) 'j{ o~ ),~. ~Q. t.,-: . UN'" O. ~a ~""T ., ~N. I .~O 1\.170.'6'1: o oS I r.. -F- l-. c..,.I I . I //1 I I I I " '","'~ f... , I~- 34- CNC &.. ('1-) - "", " _",.. Qe ,n . (i,12A.VEb 7Z0t '" . ".'; , ----_._-- - .--- DOCUMENT NO.. CHV,A VIST"'; CORNER RECORD 4(1;(/, -O~t7 :1:5 COUNTY OF SAN DIEGO . CALIFORNIA . .. SEC, . T, tOT r.t O~ EL RAMC#O -'MERIDIAN . R:. - w' .. _ ~ . ~..... . .. j//,L.AS PER MAP NO. -Z.!17ti-- -...-..-.-.... I I I I ~ ,w" , CORNER TYPE':' : I;"COORDINATES .. GOV'T. CORNER .0 CONTROL- D- ,'N. - 1'1~ . MEANDER [] PROPERTY . L' 174-5 , . RANCHO [] OTHER I [J ~~. ~ --- . . .. . ~ -. . 'w'__ " ~ . ~ ~ ---- ---- DATE OF SURVEY' 7-Z~-87 ., . ELEV. . I CORNER - LEFT AS FOUND [] FDUND . AND TAGGED [] REE~':ABLISHED :. "EBUIL T [] .' PHYSICAL DESCRIPTION OF CORNER FOUND' .EVIDENCE USED TO IDENTIFY THE CORNER . .rOt/NO A:7INTS AS MOTC'O (.s&C SNEEr 2 O~ z.J. . ~VAlO PK NAIL P&R CITY o.r Co//. T/ES, Bk: 4$5-2A ~./~~.- ( ) RECORO OATA peR MAP .-</0. r,S7/1. I ~ . PHYSICAL DESCRIPTION OF MONUMENTS REBUILT. PERPETUATED. OR RESET o SET ~N.x/t!rJ.R WITH O/SC'ST..-?MPED RCE /Z89&.. -........... - A CO"NE" RECORD ....Y IE UIED TO R~O"T THE RECOYlRY 0" ~E"~ETUATION 0' IURVEY IoIONUIlENTI.O" TO INDW THE REUTAlLIINM[NT 0' IoIONUIoIENTI WHERE "ELD CONDITIONS _E[ IUIITAIITIALLY WITH IIECORD I. THE CORNER RECORD II TO IE .R~ARED IY A LICENSED LAllI IURYlTOR DR REIIITIIIED CIYIL _1_ _ nLID WITH THE _TV IURYEYOR lOR COUNTY ENGINEER) 0' THE COUNTY '" WHICH THt CORNER II LOc:ATED. Z. A CORNER RECORD IHALL IE "LED WITHIN 10 DAYS Of' THE 'DATE D' THE IIECOYEIIY USE l1li IIftWTAlLIIHM[NT fW A CORNE" UNLESS THE CO"NE. II TO IE IHOWN ON A RECO"D O. IURYlT. PAllCEL OR "IIAL ii4P DUIYID nOli TIlE _YIT WIlleN UIED DR LOc:ATED 1A10 CORNER. ., .. . ." .'. " '. S. A CORNER RECORD ....T IE "LED TO IHOW THE PER~[TUATION Of' AIIT EIIITING OR MLlTIIIATED _l1[li fW 'nil I""YlT 0' THE ~UILIC LANDS. AI lAID CORNERS ARE IIPINED IN TIlE 'MANUAL ., INITRueTIONS '011 TIll IURVEY JII' _IC L_I O' TIlE UNITED ITATES' 0' THE IUREAU or LAND ......AIEII[NT. THE IDENTIFICATION Of' IUCH COIIICIII lMALL IE IF "'''ILl IN ACCORDAIIeE WITH THE ..ITEII 0' IDENTI"c:AT'ON .,VEN IT lAID IlAllUAL ., IIIITRUCTIONl, . . ..,.' . .. AT TIlE OPTION O. THE IURYlTOR OR l1li1_. A _l1[li RECORD MA" IE "LID FOR "'OPERTV CORICIII. "'_TV eoMTIIDLLl1ICI COR_I. RE'ERENC[ IoIONUII[NTI OR Ac:cIIIOR,.1 TO PRoPERTY CORNERI ......tME COIIIITY _Yl"" l1li COUMTT MINEER DETERMINES THAT NONE o. TIlE CONDITI_ REOUIRI.. A RI_D ., _YIT UIS1' AI OUTLICD .111 IICTIOII 1712 fW THE LANDIURYlTORIACT ',' ._..~.l'or:.~, . I. TIlE COUNTY IURYlTO" OR eDUNTT EMlINEtR INALL IIAIIINE TIlE CORII[II RIeDRD WlTH'N 10 DAn FOR ~- WITH 'IECTlON Ins 0' THE LAND IURVETOR. ACT. U~ON DETERIIINATION TNAT THE AlOVE LilTED CONDITI_ AIlE lA=m AlII THAT THE IN'OR....TION lEOUIRED ELSEWHERE ON THII 'OR" II CO"LETE. THE COUNTY IUtlYlTOR 011._'_ ~"'LE _INDEX TIlE ~, CORNER IIECORD AlII NOTIFT THE IURVETORII..hCER ., IUCH "Ll III. .... _. - .' . CORNER RECORDI IUlIIITTED 'OR IURYlTI WHleN. _ IECTIOII I?SI .,. THE LAllI IUIImOllI ACTdlEDUIRI A lllCOIID fW IUIIYIT I"ALL IE RETURNED TO THE IURYlTOII 011 INGINEER TDIITHER WlTII A ITATII<<NT oP TIlE RWOII ,. IUc:M KTUIIN . 1, CALIFOIINIA COORDINATE InTEII DATA MAY IE lNOWN, IUT lllOULD IE _"AlliED IY All IDIIITInGATlOII fW'" ._" fW I\ICH 'WOll....T.OM. . ' . I. " Imc" INO..III RPIIIENCE TIES TO ACCIIIOIIIEl l1li OTHER '!DENTlfIAlLE OIJtCTI IN THE VICINITY ., TIll CDII1I[II I"ALL IE PROTlDED WHERE W~RO~RIATE. ~HOTOIRWHI AIII/OII TOP_WHT ., TIlE __T _ IURROUNDI" AIIIA AlII --- DPW'oom""R..11I21 Ex.~" .fJ:,:~7~.SHEET I~~-~-~'~:_- ~-g';;~c.~("!-(a~s~s 1. ~--- -- -- . --- .-... ._---~.._- - ~_. .. - -_._~ CORNER RECORD DOCUMENT NO. r - --: .~:. \ ';,..:., ~i ~'. -.- .. . .1 . - . . i 1, . ,-'": .' "-rr -" .... .-. .----.... ---. - ...._~...- -- .....__.. COUNTY OF" SAN nTFGn .~ CALIF"ORNIA ~ . -' '.. ... 'i" . . ., I ,! .;.__~_1; i ~I Ii! i CL___.-:_ ~ - l' -+--t1i'- . . . l' I. .: '\...1 , . I."; I ! . iT! !I-' I '. -.j , i'~ " ... . . ! ---..- o1cr:~A~.J.~-.w/"- Jr::J J",sC - ~CI,.,i'" . . ~,(IIf)'~4'"Q1~.D. . -, - -t , 1'I"~--::-:-:-'19"" .-.--.-. --7 .01 -----. - ----------- ,~ , '-,~-- .?-' D:rzr~71r./t'/-..~ .:.' .I '1'" . j,~.g;~I~I7".!.-'_ ~~ ; Nf1 ~4rD'D., ; , " .~-- -.- ---- -?~I-t~ _.._~--\!,!~ . --.----' .j..,....--'.....-""T.'""": -:~ . ~ _ ?!t::. :"',"j ~~. - (3/5.Z0' . -.;:,"1) ).,._ .._~.. ~__.::....:.. --J-)~~~-'~-' -~. .1'\ , ',- .... .' r ' . . ~..' .~ --.-.---.-~----.. - -)E . ~ I '.,' , . . ", ~:_ -~.~. '?/I'- -&: ~ .......-j'. ......._~ .~._-~. i -~. '; ;S -;-'-I"--~ . ;._1.:___ ,-: - -~ , .-- ~ .~. co - :- '--r::::.""-" _._:0-. u:.. . .-~. ~_-_"--s-~ ----../1. ____-=:1-_ I 1---- - --- . ":.>,', L=-~-" ~ 1.___ I' r --... C:'~_]' :2:=:- --J ... ' .c.:;:), . .-....-. , ...~.~-: ...... - ~ .--- ...,.. -" . . _.__~1_ ~-::_,~..:~~-~~."T.~.~-t.T- ~ IU~'t:YO~'S CEnl'ICATE .1;OUICT't l~mo~'1 CEIInPlCATE TNIS CORNEll RrCO~D WAI RECEIVD .' ......i . ,. ..~. ;... \J . r,~ ~ , THII ~NEII ~ECORD WAI P~EP.~ED IV ME O~ . ..: .. ":"" ..- ;. ,~. .' ~,. .. , . . 1'fLI' 'POR. 'ft.II; CrMnn"V ~t:TN1=J:R -., J ..f;.. 1 .:....... ,'t . .. . " .., ''-f- ,. ,. '!" . ~ . . ":., ,. SEAL , i .,t .r' . . ...... .j .,,:, ."; I. ~ '. ......~ ..~, ~ .t ~.~ t.' ~ ... . '_. .:t....) :'"~ ....,. . ...~.. ..) '. .' '" ',:\' ,."".: .' :," . I '~..: ., !...., '.. .. . ;,:" ...., .,... ......:.... "'-.' .. ..... ... ",- ..::: ."".. .': ..: .... .- - ... .. ., .,. .. ....'11.. '1' ,~ . . . .: tJ!~f"'-' . 't';' .... '7J . ~ ~ '-' r::X. -~: SHEET 2 OF 2' .~,.;~ E Nc...L(s:)""'~; c -. -( I . : " .. :tl. ~! " . . i - . . ) .t: .. . --.-. .",0 .. , .. .. , z;n, @) O..-oAC. 13 ) '" 12 24... @ ~ ...... u ~ .e!l' 7" @UI 4 0."7' .....:. ......~iJt:J....... @) ~". 3 @ .. ~. _ 2.'_ ~.... . ~oo...... @) .. 00 "'&.0& .. o .. 1."0 ,'U." I ,-!..., -'.ft I'1I;P- 237' , . -==-==..-:. - 2.IS..,.: 1'..'7. .. G> 0 '''loCo _..c. I? J .. Ie ( --'qJ, .. ..... go t , <:) I -- .......' ~ e o . e.U/C.. . U e .CD u CD .. :10 CD . :~ u . .. II: .. . 40 @ L"~. 14 ,E"'" tt....,. @ _..c. 15 ., I... 16 @ a.... .'.11- 17 ~ ~20..'" 16 @ , H ~,.. ." 19 @ . , ~ .. 3,..3C . 20 ~ H . r y I .3, 21 ~ . .. ~'~.2. 22 ~ . H , " , .. aI @: C!) .e :i' aD . S4 ..'- 61" !... ,. . ~_. -., ... I ~~ - : D '. E NC-( .(l) Ex. 2;" /f'- ,,37 Pis.-IE- - This Page Blank - . /'1-38 G-14 Recording requested by and please rttllrn to: 0~'" /1?J ~~ 7?,tP9...r ~0~ .' City Clerk City of Chu!a Vista P.O.. Box 1087 Chula Vista, CA 91912 ( X] This document benefits permittee. Recording fee required. T (This IpICe for Recorder'aUIC. 0DIy) T Affects AIIessor' a Parcel No. 566-131.07-00 AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY 0710 -kJ Permit No. PE-340 .,' Application Fee: Receipt No.: Inspection Fee: ;. ~ipt No.: $105 00 . 141~IO 113500 '~Q'\hl Pursuant to Chapter 12.28 of the Chula Vista Municipal Code. permission is hereby granted by the City of Chula Vista (hereinafter "CITY") to: RETTIE WARREN (hereinafter "pERMJ1TEE") to do work within a ponion of land belonging to the City of Chula Vista (AIIessor's Parcel No. 566-131-13-00'. AD tenns and conditions of this pennit as to the PERM1TI'EE IbalI be a burden upon .-uJittee'a1and and shall run with the land. All conditions apply to pERMJ1TEE and all hislberltbeir heirs. assigt"<, lIJC(C$sors or transferees. Whereas, the PERMIlTEE has requesled the permission from CITY to encroach on &aid CITY'a parcel adjacent to and for the direct benefit of the fonowing described propeny: ADDRESS: 19 FIRST AVENUE LEGAL DESCRJP110N: ID the CIty 01 CbuIa VIa, c-tJ 01 Su Diep, be 01 c.aronda, IIIID& the DortberIy 270 feet 01 the ,...ot'-ty .e85 feet 01 the WIIterIy 215.78 feet 01 the DKtbeut qurter 01 Quarter SedIo.o w, twlfdlDa to Map 1IIIreoI No. III, ._dW ID the GftIce 01 the CcIaDty Record. oI_d CcIaDty May 11, 1869, ",~"I... tlk.4k4IID tb8t JacJ duded to the CIty 01 CbuIa VIIta by Gee O. McMDIID _WID the c-ty 1tecorW'. GftIce April 10, U59, ID Book 7578, .. _ of 0ftk:Ial Records, /'1- 39 '.11 EXHIBIT ''/-('' PERMISSION IS HEREBY GRANTED to do die ,...... wwk: ........ dIaID IIak r-.. laid etty.....bed ....... III acconIance with die --..heel Iketcb. (bereiDafter "ENCROACBMENT") Now.Ib.,ef<<e. ill ~~ oflbeir DJlllalplOiabIeI,1IId OIlIer aoocIlIId valuable coaaideration, die pania bereIo aaree II foUows: PenDiIaion II bereby ..,ufiod PERMITI'EE to Imra1l die IboYe-meaIioaed ENCROACHMENT CD die real I"~ of CITY cIacribed above ill ICCOrdaDce 1riIh die foIlowiq CODditioas: .~>; 1. The ENCROACHMENT shall be iDIIa1Ied IIId ....lnniftNI ill I life IIId IIDiWy llllllller II dctmniDed by CITY. 2. Said iDsIallltion shall, ill DO WIY interfere with die operation of any exi.,n" utility (except II indicated in Item S, below), includina but not limited to aorm drain lines owned IIId ....intoi11ed by CITY. Any changes of or to any utility due to die Wi-II_tion by PERMITTEE of private flcilities shall be It the sole expense of PERMITTEE. 3. Mlintenance. removal or relocation of the lbove-mentioned instaIJation of the private facilities Iha1I be the sole responsibility of PERMITTEE. and/or PERMJ'ITEE'slessee, ahouId!here be any. I! DO expense to CITY. ~ 4. Said installation shall conform to all standards IIId apeCrficatioas II lilted in die ChuIa Vista Municipal Code. '"t),' S. PERMITTEE shall provide I ten-foot-wide gate in the fence to provide access for City crews to maimain existing sewer facilities lying within said City-owned parc:el1IId. if Iodted. PERMITI'EE is to provide I key to the Depanmem of Public Works Operatioas Division. 6. If said gate is locked. PERMITIEE shall provide I key to all owners of ptoperties dill abut said City-owned parcelllld that have DO other legal means of entry from I dedicated IU'eet or alley. 7. PERMI1TEE shall attach I Knox Box or Knox Lock to die pie in accordance 1riIh the requirements by die CITY', Fire Depat1meDt. 8. PERMI'ITEE sbaII DOt allow ENCROACHMENT to block IIIIUrII draiDaae of IIOIm.... wiIbin die drainaae course in die vicinity of die propoMd ENCROACHMENT. This permiI Is revocable upon 1biny (30) days wriIten DDtiI:e to die _~. IIId upon JUCh nodc:e. die iDStalIaIion IIIUIt be removed or reIorMM. IIIIId wIleD apecIfied by CITY. It PERMITJ'EE', COlI. If PERMITI'EE failI10 ,__ft or re10cate ENCROACHMENT wIdIin die period 11Ioaed. CITY BY CIIIIe such work to be done IIId die COII1bereof shall be ..., .,..., II I lien upon PERM1'ITEE"I"~' . PERMITTEE IbaU defend, iW........il'y. proteet IIId bold barmIeIa die CiIy. ill elected IIId ~ oftic:en and employees, from IIId IgaiDlt all claims for cIamqes. liability, COlt IIId e'Cpellle (includiDa without limitation attorneys' feel) arising out of die conduct of the PERMITTEE, or ar,y agent or employee, .. ~.ctorI, or otben in c....~ wiIh die aec:udoa of die work coverec! by Ibis ~, except T /1-4.C ...... ~ wLl" n Z ~X. rr r'~. ---- ------- j only for those claims arising from die sole ueJligeuce or sole wl1ifui c:oaduct of die City. iii officen, 'or employees. PERMITTEE', iDdemnification IbI1I iDcIude III)' and a1I COltS. rxpenr~ , attorDeyI' fees and liability incurred by die City. ill officen, qeuII, or ~Ioyees in defendiDa "",11m IUCb claims, whether die ume proceed 10 .r~ or DOt. l'unber, PERMITTEE 11 ill own ~ 1bI1I, IIpOII wriaaI request by the City, defend any IUCh suit or action brouJht _pin.. die City. iIa officera. apIIII. or employees. PERMITTEE', iDdemDifu:aIion of City IbI1I not be JimIted by III)' prior or IIIbIequed decIaracion by die PERMI1TEE. ( PERMITTEE hereby qrees 10 and IbaJJ ddcIId CJ1Y. ill eIec:dve and ~~i.e bauds, (>ffi. f,...,ems and employees IpiDIIIII)' claim, and ill 111)' IUit or plorteA"'a. It law or ill equity, for dImaps caused, or a1Ieged to have been cauJed. by ICtiODIIIb:D or aIJepd 10 have been Iaken aDder this permit by PERMJ1TEE directly or by bislberltbelr qeut(1). CCIIIII'8CIOr(I), or apIIII or empIoyea of ame. PERMl1TEE furdIer qrees to and IbI1I -if)' and bold barmIas CJ1Y. III eIecdve aDd appolDdve boards. officen, qemslJld employees. II ...,.......10_, for III)' claim, IIIit or .-,,~eed, ........itt-A. brouJ!It or instituted apiDIt CITY II a rault of 1CIiODI1Ib:D. or aJJepd 10 have been IIb:D. aDder chis permit. iDcluding. but DOt limited 10. III)' .-ned liability for IaII of 01' damap 10 .......ty or far penonaI injury. iDcluding death. The undersigned PERMIITEE hereby accepts the foregoing eucJ'()II. hn_ permit upon die terms and conditions stated herein and agrees to comply with a1I stated terms and CODditions and with a1I applicable laws, including any applicable provision of the Chula Vista Municipal Code. It Is further agreed that if any pan of PERMITJ'EE's ENCROACHMENT or PERMITTEE', ri&bts UDder chis eucJ'()IIrmn."" permit should interfere with the future use of the CITY', right of way by the general public, it IDUIt be removed or relocated at PERMITTEE's expense and such rip sbalI be termm.....d II and wba1 inrIir,,'ed by CITY. In the event of a dispute arising as to the terms or interpretation 9..f'this permit. Ibe City EDaineer abaIl resolve said dispute in his sole and unfettered discretion, reuona5ly applied. (End of page, Next is SignatuTe Page.) '~ .';Ii'. '. F/-J/fJ ,~ Ex. "1-111 P~. 3 SIGNATURE PAGE MTV OF CIIULA VISTA: Permit lppI'OVecI by: d L. SwmIJOII, Deputy Public Works Director! City Engineer rMu:~ (City Cleric to attach acJawwldgrrttnl to IItJCt page.) PJ:RMITM:E: .. ,~.-rr:>> lJ)d I-....J 0;- Date: j-.3o -96 (Notary 10 attach ac1cnowledgme1lt to 11m page.) Apnroved AS to form: ~~Zfi.1"" lr.'i~.i:z:'01+:S: BN . Boopard, Ctty ttomey NOTE: Pmnin" illO nbmit Q check or InOIII)' order"""''' eo.." of Sa DIqo '" tire -..rt oj SUllO 10 _ the cost o/filmg this permit wilh tire ec-ty hcordtr. ItJ-J,fa. ......... Ex. "1-1 n Pa. 4- CALIFORNIA ALL-PURPOaE ACKNOWLEDGMENT ....110'I I State of C IP,,(. ,;r tPte41 ",/9 County of .r A A/ ~u € t;" 0 On ti.P d 1'9..,1 '" 9 , (. before me, /P '" - ~J 7:' a"'4'/;'~ _T--, 11t4 ...TE _........0I_.......____0IaC personally appeared 4c.rr1c &.I. A/~A~e''''''' _01_1 o personally known to me - OR - ~roved to me on the basis of eatisfactory evidence to be the person(~ whose name01) Is-'- subscribed to the withIn Instrument and ac- knowledged to me that ../she,.. executed the same In "/her/~ authorized capaclty(_). and that by laia/her/tM:i:r signature(.) on the Instrument the person(tQ, or the entity upon behalf of which the person(s) acted, executed the Instrument. 1- -.:.- - ~T~~ - ~i - i~~ c~.106ID69 I I ..' < No1OtY _Iic.califOmlO J . ,. '; SANDiE~COUN1V - J ~ _ :. _My_C~~~~N_ 2~1~ .1 WITNESS my hand and official seal. .A'~ v. d'.J'_. ..:" 'IIGNATUIIIE Of NOTAlty OPTIONAL Though the data below is not required by law, ft may prIM valuable 10 pe~ relying on !hi documInI and ooutd pmlent fraudulent reattachment ollhis lorm. CAPACITY CLAIMED BY SIGNER ~INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF AnACHED DOCUMENT ",.,T/~~"".A"'../ '-if)" ,4k:.-tOAe' 1'1tU OR TYPE OF DOCUMENT""'~ 1mE(S) o PARTNER(S) OUMITED o GENERAl -.,- NUMBER OF PAGES o A'TTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAWCONSERVATOR o OTHER: JD t,/","/ ~,,(,. DATE OF DOCUMENT SIGNER IS REPRESENTING: _ OI"-SIOI\ENTJT\'IIISI SlGNER(S) OTHER THAN NAMED ABOVE ... NATIONALIIIC1fAlrr AllIOCIATICH' _ _ _.. ,.0.... 71'" ~ __ CA "_7'" /?-43 Ex. "JI" PiI.-S CIT'/-IIW".O '~iJP4~TY' 4()' / / / / / / /~/ / ~#(,~ I /Q~ / /~V/ / ~ ' ,," ' ( fiT J I / I / . .:- NA1141t/ '~~.ltTr "D" STREET " l(, f1 '~ ~ ~ '< \ ~~ ,. . /9-LfLf .~" a. fI" A-~ . .. t i \ rt J \' CHULA VISTA ELEM!:.NTARY SCHOOL DISTRICT ROSEBANK ELEMENTARY SCHOOL 80 Flower Street. Chula Vista, CA 91910 . (619) 422-8329 April ] 6, ] 996 To Whom it May Concern: When I spoke with Mrs Warren in the fall, I was left with the impression that the road our children took on their nature walks was a private drive. However, after I spoke with our teachers and other members of the community, I discovered that the road is not her private drive. I spoke to our kindergarten teachers who take their class down the road four times a year about alternative routes. We could not find an acceptable route. I also spoke with them about the necessity of being good neighbors and being as non-disruptive as possible while taking their walks. Our students continue. with my knowledge, to use the road to go on their nature walks These walks are highly supervised and our students are very respectful of our neighbors and their property I am personally very comfortable having the children go on these walks and feel as though their safety is not a concern. As I am sure you are aware, the taking of nature walks to share common outdoor experiences adds greatly to the educational experience of our students. It would be a great loss, if we were no longer able to take such walks. Sincerly, )----- ~/ --- ---..J; c:" ? ~ ~ & '. ;r-' Steve Van Zant Principal .J. ~'- -5 I From: E.L. Malago, Owner Lot 22, Map 2376 83 Minot Avenue. Chula Vista, CA 91910 I..; ",-,.> th"L'0 c,c. -::- ']) To :::"c/ -I-,u" "w', J /Io,<,e,!. Kr<i.3- Y>7P/' !- /!oK7d,.l t1;V' ,+/ri-K. 7. v":.. '_if IL: .,'>.,-,.." i32>.r .:T .([;1'/''''' kee..+<-<.....- (~/V1-j . ,.., ( .. \. \ \ " To: Clifford L. Swanson, Deputy Public Works Director, City Engineer Ref. A. Authorization for Encroachment in City Right of Way, Permit No. PE-340 Enclosures: (1) Sketch showing area for gate/fence installation issued with Permit No PE-340 (2) Sketch showing descrepancies of sketch issued with Permit No. PE. 340 (Enc!. 1) (3) Sketch by E.L. Malago showing extended area of Ene!. (1) (4) Lot 22, Map 2376 survey, Dated 11-9-79 (5) Lot 22, Map 2376 Survey Dated 7.22-87 (6) City Map 2376, in part, Area Concerned Subject: Objection and Reasons for Protesting REF. A. 1. I strongly object to the authorization of Permit No. Pe-340, Ref.A, refers, for the following reasons: A. The sketch issued with Permit No. PE-340, Encl (1) refers, is filled with errors as I see it as shown on Encl (2), using Encl's (3), (4) & (6) for verification. Even the north direction insignia is 18 degrees in error to the west Did the City validate the accuracy of the sketch? B. The three (3) fence posts installed going north to south are definitely on Lot 22 as shown on Encl's (2) and (3). My land survey, Enc!. (4), shows that my property extends into the road about six (6) feet in the easterly direction and about twenty -four (24) feet in the northerly direction. I insist that the three (3) posts be removed. o ( " '.' o ,) ,/ /, /7 I' I '" '=.) , , C. This is the third different location Bettie Warren has installed a fence/gate on the gravel/dirt road on City and adjacent properties. Not one (1) foot of fence was on Warren property. The two (2) previous locations I also protested. The present location I can contest and hold the City liable. (1) Being as the City owns a forty (40') foot strip of land east of my property, I respectfully request the City do a land survey, the findings could be very surprising. D. One of the reasons I bought our property was I loved my view from the back yard, a rural appearance where one may enjoy some open space. Mr. Warren (now deceased) had horses on the norther end of his property. I visited with him, talked horses, enjoyed that, for I owned horses. I enjoyed seeing people, children with dogs, walking toward the open space. Bettie Warren has been trying to take that away for many years, dis-enchanting herself with all her neighbors. E. I saw a young girl strain for about ten (10) minutes to get her two (2) dogs over the previously installed fence/gate. Very saddening. Also saw young people lifting, straining, and dropping bicycles over the fence/gate. I do not want to see more of that. 2. I do not know what reasons were offered to the City to authorize Permit No. PE-340. If one (1) of them was vehicular traffic, the only vehicular traffic that I notice belongs to the renters that live on the north end of the Warren property that previously was a horse barn and horse corrals. A. When I bought my property, I was informed by the Realtor, all lots in the area are R-1 lots, when was the Warren property designated R-2?? 3. Confrontations with Bettie Warren at times prompted me to have land surveys in 1979 (Ene!. 4) and in 1987 (Ene!. 5). At a cost of $600.00 Wooden surface markers were implanted, within a short period of time the markers would disappear. Mrs. Warren is well aware that she must trespass on my property in a vehicle to get to her residence due to the Superior Court granting a judgement to William E. Warren and Bettie J. Warren for right of way, egress and ingress to their property, Superior Court Document No: 323442, dated March II, 1974. Refers. A. Does the right of right of way apply to the renters also? /'/1/7 I 4. Some of the topics mentioned above may not be pertinent to the subject of this letter. But, it is my opportunity to present to responsible City officials just a few of the problems and questions that me and my neighbors would like resolved. 5. We do not want fences/gates on City property that would obstruct access to the rural valley and open space that we tax payers/voters enjoy. 6. I am available for questions/interview anytime. Respectfully, 83 MINOT AVE. CHULA VISTA, CA 91910 426-2750 cc Sid Morris, Assistant City Manager George Krempl, Deputy City Manager Shirley Horton, Mayor, Chula Vista / '/ rf) CITY- ()WN~O PRO P6R Ty" 4<:J I / / / / / ~ " / ::.,<;i> / J ~\ ( ,/ <J"r / ) , / ' / ::.,<;V/ ( <1-'?' / r 0 . / / / " Iv <}" ~V v.' ~0 \" / , . , "D 1/ WAICJi!CN PICOPcRTY STREET SI</ZTCH ISJ'-'1.EP lJflH E /Ve. R ();fC tf fI1 E" IV T :f1= i? 01 ~T 7<1'" -:3. LJfM:! ~ EN . //~/i .~. ENC-L.( () €CtrY.OWN.!O L<lT-2.-;I PROPERTY LoT"-,-~ 4<)' I \ l WA~~clv' PteOPcRTy' fti1r'iZo". Loc.i?-Tl ~ N FcjJ~6~ IN5v8l.c..Ei M. '" X )( P/-e6.CT/d ^' /pq.R.I< . /? 0 f;IIF " ;= 1= To G.lcS7' l PIZOPO,EO PENc.E I J"" ".1 \ -:7 I . ri:t/'6.::.r'f A/'~"'; )..... C 1-- 2 Z- 1-0',-7..-3 ur ;z.oo 3(5~ D Q /1-p/ NtJT 3~ 1 "D" STREET / " x, l}" ~\) ,<' :;.'v '?- V JK€TGIf -5How1N6 f.. E V I> E:)> p1, ~ ~ t4-<2 c: I...( 1L~'n=.- . ~t;{T~ Y . /'/~.5' [) .~. . EN(!...L. CV //....- ,\:- , - , . - -= -; ~/.:'::"-.: :...... j::; r' r :;."... . j. -;" 1"- L()T- . ~ L D r- ,'-- ~ " - ~ .-' '? ,: -- - " " ...1.: -"', ,0 - 7-7.. "I ~N' J~ J" 'I' I U -- ..... "- '- - =- ('<.. ;.,;) " 23 -" /.-.oTZL! .. . ,-' -. -- :':'-~;'/ ,~.': . ,. -C ..-::: " '1 ~~::..-2 -' ~ 1(:. s:'C,4-t.-tZ ~ ',' -. 'Jo",;'.) _ _...;' '?:.' --. ~ ).,6 r- 2. '2- ...:- .::. - .' - " , '- - . 7 ~~- .; ~1 9' ./ :! , -;'1 ,je , , I "" I - - - , "'" ~ 40 I C, "I P_~..J.~.> <.....'-" r- "- I I " , / c~~ '-. - "'DCI 'I ~- , ", - -- 1 ;' I , v'./ \ -~ , ----. ~ ?6 f1I(./; '- t t::- .J 01fi<ttrJ/' {:65iJ)~~ : , r I / i ! ! " .-. - > Co -sr. '4-31 I / /' c, I ,~-,,-,,~, . ._ 1,;':;_ ' (; -:-/ 1"' ~~N -;:::; ",.~:.I -__, ~ ,~:;:~~~~:~~=~ E~'~;:: . ., - --l -......J 1 , I I ENC.C..( 3,) CHKO. BY ________OATE_____h__ 5UI!JECT _kT___~f:i~~L~\.;._~:n~_1JJ~~~ 6.1Th..~~r~:L___R...D.~___~~___ -LD-T_.2..2...r~&~--2..~_"&_________ BY __..)J~~____ OA TI!;_L~:3=B --------------------------------- , l- e < --- <. ~i:::~A..Qc.i) >:,'(:. \)I-\IL\..\ V::, - 12\:::'(1'\;) O\..f:>:, 7/ N, 4"0 A'VE.. CJ...lDl.J~ '\/J ~rA. ~ CA 4Z0-SL.!OO SHEET NO.____-1___01".1___ JOB NO. _3_8J5___________ -~L&._~_L=_~2.~_h IJRE ):>A..12C\; 1=C)\2.', E 1)\J\JAl2.i) L. N'\ l4l...Abl") e-::, IV\\ NC)T A,'\re.. C.WIJLj:>., -v, '::.Ie, ) (A.. 'r-U)\a E !'\1b. II\lC.. , o -..9 I r- -,.- L ~) I , -- r I I 1/-,-, 1(1. '- - \._" I / t'_J o ~ I (' - - r '::1 1-_ _) L L" o ..S) I t-)-"- ~.Jr- 1__ \... I !_ "-) ~ I /- - r -) I 1-_'-)' L_. 1\) 70" /6' E 3/1.." :z.S' o ..s Fl. (!J4J,.4GO LOT 22- M /:.. P z ~ 70 31~,?-a 1\J700'8'f:; o ..s I /-'-r- -.;"~ !-. 1_.1 I f... ." '7:z..o I 0 H:,"'~ (') "0/4" 1>. i'E. "r2.c.~ \'7:'1"'" - I'\! C) t2.sc... .......... 1:-001\.1,1) 3/.:.j"?/ i'>:: "I(. C (0171.:.' __ I'\.\() rz.~c... E. J... /J'J.J..f...,4 c:; c RJu>..\'U 7'4"C~ ~\"?E:, "" C\. ~ =c....- e.",,,"""i' 0, ~C\ W~T 0>- LINE. ENe L. ('f) / 7" 3~ , C> c <! ~ 0 DI t;) t1J : ~ 0 R. c.q- 0 ~ -- I::l ..;j'" ~ 0 Q) d 0 VJ \.L () ~ ~ w 'i l!J ,/J a ::r ~ I..i.J '0 IY\ -- ~ - -- 6J<AVEL j I rzOAI) / / I , I ~ ~..~...._- DOCUMENT NO. C;'(VLA' t//ST/1 CORNER RECORD .5cP<:?-/ZO -C?S COUNTY OF SAN DIEGO CALIFORNIA SEC, LOT ZZ OF Ei. T, RA')J'CHO . R. J//Lt'../lS PER /v1/lP NO. '237':;" - MERIDIAN - ..- .-.,. - CORNER TYPE' COORDI NA TES ........ GOV'T. CORNER 0 CONTROL 0 N. /7~ \:J 0 . /745 MEANDER PROPERTY E. ~ RANCHO 0 OTHER' 0 ZONE :JZI \XJ I1J DATE OF SURVEY' 7-Z2'-87 ELEV. CORNER - LEFT AS FOUND 0 FOUND AND TAGGED 0 REESTABLISHED . REBUILT 0 PHYSICAL DESCRIPTION OF CORNE,R FOUND' EVIDENCE USED TO IDENTIFY THE CORNER . FOUND POINTS /?S NOTED (SEE SHEET 2' OF Z). . FOt/ND PX-NA/L PER C/T'T'OF C.~ T/ES I BK",S-2'/? P6./Gc;. ( ) R.ECORL? O/?T/? PER MA'P "uO. .?37cP. PHYSICAL DESCRIPTION OF MO~<UMENTS REBUILT, PERPETUATED, OR RESET o Sc7 .J4"X/8"J.P. IY/Th' DISC ST/?MPED RCE /Z89~. A CORNER RECORD MAY BE USED TO REPORT THE RECOVERY OR PERPE7UATION OF SURVEY MONUMDHS,OR TO SHOW THE REESTABLISHMENT OF MONUMENTS WHERE FIELD CONDITIONS AGREE SUBSTANTIALLY WITH RECORD I. THE CORNER RECORD IS TO BE PREPA.RED BY A LICENSED LAND SURVEYOR OR REGISTERED CIVIL ENGINEER AND FILED WITH THE COUNTY SURVEYOR (OR COUNTY ENGINEERJ OF THE COUHTY IN WHICH THe CORNER IS LOCATED. 2. A CORNER RECORD SHALL BE FILED WITHIN 90 DAYS OF THE DATE OF THE RECOVERY. USE OR REESTABLISHMENT OF A CORNER UNLESS THE CORNER IS TO BE SHOWN ON A RECORD OF SURVEY, PARCEL OR FINAL MAP DERIVED FROM THE SURVEY WHICH USED OR LOCATED SAID CORNER. 3. A CORNER RECORD MAY BE FILED TO SHOW THE PERPETUATION OF ANY EXISTING OR OBLITERATED CORNER OF THE SURVEY OF THE PUBLIC lANDS, AS SAID CORNERS ARE DEFINED IN THE .MANUAL OF INSTRUCTIONS FOR THE SURVEY OF PUBUC LANDS OF THE U~jITED STATES' OF THE BUREAU OF LAND MANAGEMENT. THE IDENTIFICAT!ON OF SUCH CORNERS SHALL BE IF POSSIBLE IN ACCORDANCE WITH THE SYSTEM OF IDENTIFICATION GIVEN BY SAID MANUAL OF INSTRUCTIONS. 4. AT THE OPTION OF THE SURVEYOR OR ENGINEER, A CORNER RECORD MAY BE FILED FOR PROPERTY CORNERS, PROPERTY CONTROLLING CORNERS. REFERENCE MONUMENTS OR ACCESSORIES TO PROPERTY CORNERS WHEN THE COUNTY SURVEYOR OR COUNTY ENGINEER DETERMINES THAT NONE" Of" THE CONDITIONS REQU!RING A RECORD OF SURVEY EXIST AS OUTLINED IN SECTION 8762 OF THE LAND SURVEYORS ACT . ~. THE COUNTY SURVEYOR OR COUNTY ENGINEER SHALL EXAMINE THE CORNER RECORD WITHIN 20 DAYS FOR CONFORMANCE WITH SECTION 61B OF THE LAND SURVEYORS ACT. UPON DETERMINATION THAT THE ABOVE LISTED CONDITIONS ARE SATISFIED AND THAT THE INFORMATION REQUIRED ELSE\.yHERE ON THIS FORM IS COMPLETE. THE COUNTY SURVEYOR OR ENGINEER SHALL FILE AND INDEX THE CORNER RECORD AND NOTrFY THE SURVEYOR/ENGINEER OF SUCH FlUNG.. 6. CORNER RECORDS SUBMITTED FOR SURVEYS WHICH, UNDER SECTION 6762 OF THE LAND SURVEYORS ACT, REOUIRE A RECORD OF SURVEY SHALL BE RETURNED TO THE SURVEYOR OR ENGINEER TOGETHER WITH A STATEMENT OF THE REASON FOR SUCH RETURN 7. CALIFORNIA COORDINATE SYSTEM DATA )"lAY BE SHOWN. BUT SHOULD BE ACCOMPANIED BY AN IDENTIFICATION OF'THE SOURCE OF SUCH INFORIrIA TION, B. A SKETCH SHOWING REFERENCE TIES TO ACCESSORIES OR OTHER IDENTIFIABLE OBJECTS IN THE VICINITY OF' THE CORNER SHALL BE PROVIDED WHERE APPROPRIATE. PHOTOGRAf'HS AND/OR TOPOGRAPHY OF THE 1.40NUMENT AND SURROUNDING AREA ARE ENCOURAGED. --.- --- -- - - -E N~'-. (~) C2.~SHrf t - -.- ---- - - - ~., -- ------ --~ OPW Form 117 (Rev 6/82) '1-53 SHEET I OF 2 ,- I Ie DOCUMENT NO. CORNER RECORD ~ - ( SAN DIEGO COUNTY OF CALIFORNIA , ' 1-._~-::\ ----.: ,~ I ~~ -r- ..:. '- ~ :- ~-- :("\!, . -~ : g~-_.-- -~ ~__~-1~J 1 \::, .~ ~~~~----;JIT;~~k;/~9:- -~- -;.</0 RECORO. - , __~____~=.~_-= Ujg ~= _~~_~= ~ ~-rr--:- ---::=-_ .~ -- -- - ~ <J( t-..- "- . . 4j \ . - ~ ,~ .~ . .~ "~ -J'-- ____J__ __ ----- - - - z . -.:..- ---:-,.t=Z{ .u<7/.'/1I/-=-:: _;_ ?O_P/S?,~R€~/7.f', ~ _ ;,</0 eECoRo. -~---~:=.~ I~ Ie 1- .. i, ,. ,Z '. 'i~ ~ '" ,. ,-- r::: -- __0 I I I . -'---r'---' _~n_ __.n.__.:J,., ~ ~___~~~~==-=--=-21~...-.= _-_~-=-~-~:~ '.3/':;.2'5) -, :?:;:::.' --~ /'37S~o:J .::-,~ '~Q>; ~Ii) ,> > iz i' ," !ot !~ :; ,. D }~ "1: _..=-- ," i. 1- ,..M. i I~ 1=. '> 10 10 1- I~ I~ I~- I~ 2 h ___. __ /1 .,....____=.r'_____ , ,- I 1____ -~ -~ . --- <\ tf). :? /1 --.-- -.- ~ _..J --->-r. _ . ._u _ ~ . ~ . __G. ... j -,- I _-=::_1 1--.- \J ~ ~- -) -0 .-=--~: :-__73-~~~= ~~.: -- ---~_._- i -- -~-- ~. L ___~.__~__ ! r f---.. I i I I I ~._---- -1 -? --.:--- 25 OJ SURVEYOR'S CERTIFICATE: COUNTY SURVEYOR'S CERTIFICATE . THIS CORNER RECORD WAS PREPARED BY ME OR THIS CORNER RECORD WAS RECEIVED 19_ AND EXAMINED AND FILED 19_ LAND SURVEYORS i987 BY' "'TLE' FOR THE r:oUNTY ENGINEER SIGNED' =OR " SEAL COUNTY '.' C /\fL.L (.s0 '/-1-57' SHEET 2 OF 2 '0 m "" 0 @ 0 = , , I ~ aD ,~ '30 35 3. '. ,., '. -, . D ~ . V> ::r /"T".. ~ JO ~ ~ ~ ,~.~s o . " - , Z/O e 0,90 AC. ZJO G I.""" AC. ., ~ " " , 13 ) ""12 14 . ~ 1 " . ., , 15 , @ ~."'O./~'€. 3/5.9 J6.BZ....~ "ni.BZ @ , ~ 16 0 <; " .; c , ~ 488.~ ..~ @ J~/.5~ 0 0 @ <0 '" 17 de'? 7' e '" :3 20.4.7 ~ - @) .r..s y 18 @ " ~ 4:7Q.77 , " 3/9. 4/ 2C'O. . ~ ...;" '@ " @ . 19 4 4;11.83 ! W .. 318. 3~ ~ @ > . 20 ~ , <t: , g ." l "'Z.III 317.31 , ...... LOO e ...... , 0, 21 @ Z~ " 311..25 4~5.00 23 @ 22 4-:; G. 06 Z8Z.S~ c c ~ '" .11 , I 1.40 --Z,,/.17 i -Ir.n .~.1f'.$' , .j.~ ~T 0.....' .:!.~!.!.~-~ /-.. 0 5T r4""'? ' ,.", A-~ ~ ,~ / -if o AI 2Z5,2'7' f\1i? P (rN 237h --- ('\ t: NC-(. ~) /}/_55 ~o '2'5,18 ... I' ~./e. G I.OIAe. 8 o..aO,AC. J i 1 17 IS I> !!6 ~ .~. t" ..... ~.. o.L .~. n :iI <> 0 .~ -'" ...~. --'L,_ 0 0 : o.tZ AC.. 22 0 CD 23 CD 2. :~0 CD :~ " . l CD c I ! ~, I I PETITO;,\; TO REVOKE ENCROACHMENT PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence which is constructed across a City road, unfairly inhibits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME 1.0/ /%~~ 2. {)-11~ ~~'i{X,---, 3. ~uwJ{U a.1i aU/11.h/flJA"r'L 4. ~A{Jl"-- Q rf(MNJ bA~l,t~ (!. u'\.oV.1tuvJY..... 5. !A~CL~~~r 7. ,~)I~J4uy 8. )JJ <:-j~:J:JlC'v0~i\I'_CL".LL~ 9/~"d () 1%/JE? ~i IO./~ !'c:J/ ^ /..:t:-,j~ '7 If ~L~"'1-{c:i.......J , \_~ .2 t/~ -/f.?" fVc:\{,.v,~"-\...\:'",cU,~) I . 1)6~Y ~X'~ ' 6. ~ ~ /9- 5? ADDRESS /0 I] rc) -- f' ']- , "'L -~ PETITON TO REVOKE ENCROACHMt:NT PERMIT NO, PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence unfairly inhibits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. Tbe road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS I. ) '. . , //lll ,\ '?/ 7 /11.1; 2. L. j( , \; 3. g i~") \",\ I ' (', L- I v , . j -<-,J 1~ i:".! <;)' ....\ v' 4. '4;' . 1''1 vi :..; , _,1/_", <--I I \. I . ..t ~ I I \ ,I ,'( ! r~f-f--..J ) 5. ((.\ L c , '-I I\:JT1.f;)C.~ '.'j) 6.: ,{: 1 'J ' , ,,;' vI.. J ...'-7 ('{' '7}7/ 7. /' ,. }l, ( \1irUlt.l..- ) o i , . , -, \ ~,~ 8.' ,.', :'" "'v/-2lh,t~. /7 9.: 1\.~\'--"~ 1\ ,LO Dc 10. ~J C'rr"i cvJ 'J I '1- 5.~ PETITON TO REVOKE ENCROACHMENT PERMIT NO. FE - 34() We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Aveooe on the 31 of January. We believe that the fence unfairly inhibits aDd/or prohibits access to the undedicated portion of FtrSt Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS , /' 1;. I. / YJ O---LC C-L, 0/L. . ) /7 ~. /) . ...--;-/ --o,..L- 2. (/i.-fA.....-<--<- ~ /:?)/~LA..... 3.~e~ 4. ~ 6da~ , 5. ,-1:{a ;{ f<( !: I' )!../ Y i, I , I' U ,'I " 6 f 'iv,; h)^, .. -,. (, o If -, -'1.'[/",- 'J'l.L'- J,-.<<.~ v .....,. ~ ~ 'f..-' \ ,-, J, {/( l. L 7. )i&~'-,( DDj .{.~~>'/i u:4iJ ~ ~'-- 1 8. ;('""~' L //~ , 9. \'ciY-j ff)C"fJ~~ ( 5 /"', V' If ..::<' /1~ L_~A '}O' ., 10. ':-:1 f / {I "j PETITON TO REVOKE ENCROACHMENT PERMIT NO. PE - :J4() We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Counell to revoke &croachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence unfairly inhibi1S audlor prohibi1S access to the undedicated portion of FIrst Avenue and the footpllth which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individnal the right to fence out the community is both unfair and undemocratic. NAME ADDRESS l. .J 0 c.J Lo 2-.-0. (l 0 2.UU~ Uav~ 3.SQC(~ icdr~c 4. JSILC\.e0 0 ~od( ~~C 5. ~~.() P(O~~) 6. /v1t~ ~ 7.1k/f6['/fT 5c/OFtt/ku/ 8. ,j[)/3 /!,A1 d /Z-O 9. -1.. j'Yl~ ;;~ I O.Jo\,\(\\ t) ~\'(n /'/-59 PETITON TO REVOKE ENCROACHMENT PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do herehy petition Mayor Shirley Horton and Memhers of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We helieve that the fence which is constructed across a City road, unfairly inhihits and/or prohihits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, hirdwatching and dog walking along the estuary. The road and path have heen established hy years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS l.a ~ 07 . \\ 2. ~w.r"\.~ 3. f20....u-l... ~ 4J~- ;;~ bJ :;11:~1~ (/jw,G. fc.! '~UJl~v.~ / /' / I /--4.. ~ ~ /" ~V~ !-U/~ (!). /~r~-' t GJ 9 I yl 0 '4: LIt..rcZ /;-1- I/J k CA tJ!W/ , ,\ + "j "e, \~' ill' >JI",u....;, , ' 'I ' l 8 . ~~ 'VVC -4H~WCl'1 9. OD~ d fcJL- <1' {tc (j; ~~ 1f 1/1/{; I" Vlfz;... 'Ii 71{ J- 10. -1.QA.hA,-~' D\ 0l;1\..~~ II J.-.( n.ct,,-,< ;{1~v~J ~w..9:czV ( '., k\ CA \ l ~ ''J I (~, 4~ I'L t;, l-e I ,,-,' c (' ,,-2';' '- '- ~- , 1l...\/"LU.o- 6 - - ----- - ------ ----- ----= ------=-.. !!I, ~~;' '::<r .::; / /) / ~/_(tJV I'ETITON TO REVOKE ENCROACHMENT PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence which is constructed across a City road, unfairly inhibits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is hoth unfair and undemocratic. :\AME ADDRESS I.M\~b~~ 2. . --:"<-""-~i,,--H'L- 3. (V A'lJ.JL (;)~...... 'l> ~ 4 .~'.c < t! .J......Vtil~~. ;;",,0<02_ ;J'"/r ,,{at-iJe :11.'",> 6. c4..1 )1.-[ '--' jt! c<.< ,,-. 7. K~Jurl . 8.6C1/w-frt'- fJ.-/ChU)CL 9.0GY'^& ~)rl"CC)(J- , ,;?}lc (J"",i !Jld7 7:\ , ,::) /1-?/ PETITON TO REVOKE ENCROACHMEYf PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence unfairly inhihits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been estahlished by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS I. c(~ Wl, ~ 2. *LLut-{'/ ~~~I 3[J~\1 L1Q,,~~\ ;J!M~ qJ2.~ 4. Cf , 5.~ ..' ~ c;( ~~ LA) .<.- 1. , c-1 c.€-.t.- { , 6. <') 7. M~cr. ~ 8. Y/(~d~ 9. 1(9 fV1' 0.h I cf 10. Ml.tMer~ (1s k~~~l&. II, ifr+' HI, rrf~ff ~I 17 /Jllld.Jtc--fJ))"~~ \ ') L /;.~7c~' l < //(:: '7 c.. ~ .J 'f-b~ ~.zC.-Ig'';/,/ PETITON TO REVOKE ENCROACHMENT PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence which is constructed across a City road, unfairly inhibits and/or prohibits access to the undedicated portion of First A venue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS 8. 1.~~ 2.V~~ 3.~~ i:f;~ J 3~~t~ . 3,. /,4.. _ _ C 5. "-j;;tVt1A- .77 ~A-{r <:Vl, 6.~ ~~ 7 .r;~/JI / S' ~~-/ tJ .1Jd;~ --- / -e k;a 41 a 11.../ ~ (J/ 9. 10. / l' - fI' '3 PETITON TO RIWOKE ENCROACHMENT PERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 3l of January. We believe that the fence which is constructed across a City road, unfairly inhibits and/or prohibits access to the undedicated portion of First A venue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practicenfor some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAl\lli ADDRESS .'d~k~d~ 1. 2.~~~ 3 //", FTLL ( ;:j,( ,,'jTi( !:-I. '(( I/, . Ii]' 'C. CI/'CA . 4.0Jt ~-<4 YV1 1\ {;J/fl/l4 5~/4>r# 6. ~ 7. 8. 9. 10. /'1-0-( l'ETITON TO REVOKE ENCROACHMENT l'ERMIT NO. PE - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence which is constructed across a City road, unfairly inhibits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practice--for some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. NAME ADDRESS 1. K ~tvW-VU 7/j, cl(duu-df 2. 3. 4. 5. 6. 7. 8. 9. II} /1-?:.S PETITON TO REVOKE ENCROACHMENT PERMIT NO. PI<: - 340 We the undersigned, taxpayers and voters, do hereby petition Mayor Shirley Horton and Members of the City Council to revoke Encroachment Permit No. PE-340 granted to Bettie Warren of 89 First Avenue on the 31 of January. We believe that the fence unfairly inhibits and/or prohibits access to the undedicated portion of First Avenue and the footpath which connects to the Sweetwater River. The road provides access for adults and children to go fishing, biking, jogging, birdwatching and dog walking along the estuary. The road and path have been established by years of past practicenfor some community members past practice exceeds twenty years. For the City to grant a single individual the right to fence out the community is both unfair and undemocratic. . NAME ADDRESS 2. . , ~ #Zl} (~) ! '.. .-;;-tLi..f , J ' , 1. ~,\..; '- ,J/(.'(..I ;r- 3. " J", ' ~.I .) 4. ~;////>/;//l',' c,-( 5 ~~2S~~ 6. ~~4~ 7. ~\ ~j1:~ 8. f){2,(e,/< Petfj 9.;L~ i ldif 1 O. ~ ~ C: '-PJ:ity /',-' J '-' o Ie) I7ID '0 :> . ~ /' -"/-1//-:; I -- y;~ Q....,;IJ I", , -<~ C) . CD .....,C) 0 c: ("")~ CJ - ~c:: -I ~ >~ ~ - <- 0:> :I u;~ _ CD ~>I ~ "'z 00 :. ~i\ z- :c -;;;;!: o c '" - :;, ca '..LyQ :::u IT1 (') ~~ <'- r,; o . ~ t '- ~., - > c ~ ,.. m o ;: c > ... m "' -< .ON .UW~... , t~ ~ ~ ~ ~ [' ~ f~ , , ~ ~ .'f-i~7 I ~I o ,.. '" . . I ~ ~-- . "- I;:). I >-.J ~ \ ~ ~ N !! ~ OO!!Z O~ '" N " > 0 '" N " ~ ~ ~ 0 ~ ~ 'i ~ ~ ~ ~~g~ ~/; 00 > ~ '" > " -< ~ " -< 0 ~ " -< 0 ~::Ie 0 Zoot > z ~ 0 ~ 0 m 0 " z <CII~,," ::::!m Om 0 ~ Z 0 m Q)I>~ - O:D o ~ ~ '" m ~ II) )o..tO ~ >"'0 n m '" ~ n ~ a mCII z,..m m ,; m ~ '0 '0'" 004 m:D Z Z Z '" '" :D - ~ - c~ 0 m > ~ lAm 0-- '" "0:= )I> r-.... ~ Z ~ Ii: Ii! ~!1~ m ~ m n ~ ~ '0 > z'O ..~ ~ m m ." r- a:D >m > ~ ~ ;" z '" m m > "'> '" .. ~ , CIIZ'2: O~ 0 z ~ (; ;:! NO:;> -<~ m 0 _ m. moot ~n 00 z z '" ~ o~!!; ~ " " ~ m ~ o=: t: '0 ~! ~ ~ ~ < > z "',..~", _ 0 m > Z ~ ? m zo < ~ '" < 0 m """ "')0 m ~ '" m >~ " oz ~ 0 > ~ ii ~ ~ ~ " n 0 ;; Z m ~ Z m Z !1 .. m A"LICANT I I - O~}~{iHi ,-~J;3I~ ~- ~.tl;li \ ... Hi, - , "" .f2" ~, H~1i~'!! ~.H 'I[p~ 'it '1 11) ~ j--pl+ti i :.1-1 :, oilP I 1ia.i ~ C"> C"> g 0 z ... z~ :> og :> . :4 o LENDER I I ; - ql? !! H . f -f} f I ~3, ;,~ "1 h {q II: -,. PI i!~ -fI WOll'iKER"S COMPENSATION "I ~il{s 11:9 -=. 0 ~ i ~ {r 0 ! .. :t-("i :I~ "" .l~ 1', ... ~ ! H - 11 ~ i,.. ~ 51! -~ ~ - -:' . ~ ~ !~~ ~ji; ii~~ ! ; : - .' l!II~ r!~ iic~ ~ ! i!il ~ 1- ~c. ia I i.;: a ~ r>[:Z; '''' l' g i C oh, { f ip j i~~t= ~U p~:; ! . :\~ ~ i . ,,'Pi! i'" I ; !'\ IJi,i ~'j; ~ =~ i ! .h . . f . .,h til' 'ii. ..\~ . , ~ P~F !t i f1~~ ;~' ,Ii lns~ ;j{ ~ 1! OWf'tEfI:,.UILDER """""""" II ~ Jill? i Ii'} ! ~H' t. 1",1 1 to., ; .';;- i HF I ft'l 'I" i';. JI~ Q ..:;! ",!i: "'.. -4z Z'" :.0" <:.0 "'< ~! s... "'0 >>0... <'" ->>0 .." ';:i! ..... :~ ~o -" a. ,5 ..... ...51 ... ;.... !:>>o .. -0 :z .,.... U .... .. I {I? 'if~I'11? ~~H~tll llBt! !!!Im~mi~!:1? 1, id' '" l'Utpi}~l"'!11 IFil' ..~{ I j !hL1Z!h ~;!:l.flbl~1 Ih~:III~E:hfl~fj , '1' {:- !'i"!-J~\~ .- _',"1 . _ l t~'" ~ , '1 .-_.J t ...1... .. f Ij~!~i~ :11~'iHi':!' H~h~!!.!;Uhl r i,~- i ~i!~I-' .', lJ" 9Ii" Ir- H!Fi~ tf;:,iill~j! JIlI'"aj'l' n .;r-ip ;t}l~!'hn 'rIH';'ii U1 I'i'" .101-' ii" ~-rlfl,il!' t , i-! I ,nj U -i i !!ihi~ h~flHi hI n'i~L!iltH!I~ "ljl'IJ q 1"'~'l J', ~li"r~ !, .\; 11,11.1,.rl i..I,I,.(I!,r, . . . o o~ f . . " ~ C o z . ~ o . Ii ~ . ~ ~ ~ \~ ~ ~ ~ m 0 ill'!> 0 \~ i ; ~ \~ 11\> '" 8-\'" c ~\~'^~ z \ ~ ~ p ~ t'-~ g z t ~ 0" g ~ '" o~ oS <n <z "'::I roo~ cn,.,j "';-4 COUNCIL AGENDA STATEMENT Item ~.o Meeting Date 4/16/96 Resolution I "J.~~ccePting Bids and awarding a contract for the "Broadway Street Reconstruction Between Naples Street and Anita Street in the City ofChula Vista, CA (ST-143)" SUBMITTED BY: Director of Public wor~ REVIEWED BY: City Manager ~~: ........, (4/5ths Vote: Yes_NoX) At 2:00 p.m. on March 29, 1996, in Conference Idoom 3 in the Public Services Building, the Director of Public Works received sealed bids for "Broadway Street Reconstruction Between Naples Street and Anita Street in the City ofChula Vista, CA (ST-143)." The work to be done includes removal and disposal of existing improvements, excavation and grading, asphalt concrete pavement, monolithic curb, gutter, sidewalks, landscaped medians, storm drain and other miscellaneous work shown on the plans. ITEM TITLE: RECOMMENDATION: That Council approve the resolution accepting bids and awarding a contract to Southland Paving, Inc. in the amount of$I,942,775.50 for improving Broadway between Naples Street and Anita Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Capital Improvement Program (CIP) budget includes funding for the design and the reconstruction of Broadway from Naples Street to Anita Street (STl43). The project includes the renovation of the existing medians, the widening of Broadway at Palomar Street to accommodate dual left turn lanes, the installation of a new storm drainage system, and the reconstruction of the asphalt pavement. On April 25, 1995, Council held a public hearing on the project and by Resolution No. 17878 approved the design concept proposal, including the retention of medians and the installation of landscaping and directed staff to complete the design and final plans for the project (Exhibit A). On December 5, 1995, staff reported to the City Council on the progress of the design work for the subject project. The report (included as Exhibit B) described needed changes to the scope of work. Due to the changes in the scope of work which increased the cost, Council approved the submittal of Chula Vista's Transportation Improvement Program to SANDAG on March 5, 1996 which included additional funding of $460,000 in TransNet funding for this project for Fiscal Year 1996/97 (Exhibit C). SANDAG, in turn will include these TransNet funds in the 96/97 Regional Transportation Improvement Program (RTIP). Because the TransNet funds are not available until FY96/97 the appropriation of the additional funds will be included within the City's upcoming 1996/97 CIP budget. However, in order to complete the work by mid-November in order to be out of the way of the holiday shopping season, the contract needs to be awarded now. The schedule .2.0 -/ Page 2, Item ~ Meeting Date 4/16/96 based on the amount of work to be accomplished could not be completed before the holiday shopping season if the contract was awarded in July after approval of the CIP Budget. Since SANDAG must approve our request for TransNet funds, there is a minor risk that they might not do so. However, the TransNet funds are given to each City on an entitlement basis, not on an application basis, with SANDAG's approval under the law and for them to withold approval of a City's project would be a radical departure from previous actions without any apparent basis for such action. Bid Results Staff advertised this project for competitive bidding on March 29,1996. On the bid opening date, bids were received from eight contractors as follows: Contractor Bid Amount 1. Southland Paving, Inc. - Escondido $1,942,775.50 2. R.E. Hazard Contracting Co. - San Diego $2,022,962.00 3. Ortiz Corporation - Chula Vista $2,090,459.17 4. L.R. Hubbard Inc. - San Diego $2,131,150.50 5. Sim J. Harris - San Diego $2,183,636.00 6. Builders StaffInc. - Cardiff by the Sea $2,214,814.05 7. Castello, Inc. - Escondido $2,266,614.00 8. Wier Construction Corp. - Escondido $2,426,185.41 The low bid by Southland Paving, Inc. is below the engineer's estimate of $2,317,950 by $375,174.50 or by 16.2%. The City has received excellent bids for the project. The low bidder, Southland Paving, Inc., has previously done satisfactory work for the City during the construction of two previous segments of Broadway the first between F Strret and I Street and the second is between L Street and Naples Street. In reviewing the qualifications of Southland Paving, staff determined that the work previously done on the two phases of Broadway physically was good. However, on the project between L Street and Naples Street, Southland had some difficulties caused by the relocation of the water facilities, the construction of a large storm drain in the driving lanes of one side of the road and relating to their ability to coordinate improvements with the area business people. As a result of these concerns staff has incorporated extensive measures within the project specifications to assure proper coordination between the contractor and the area businesses. These measures will collectively diminish the adverse impacts of the construction activities and assure that the contractor will comply with the improvement goals and be responsive to the merchants' concerns (See Exhibit D for a listing of these measures). In the design process staff also took care in locating the storm drains to be constructed so as to minimize the potential impacts. This segment of Broadway does not have the same water utility problems that the LlNaples phase had. Therefore, staff believes that the measures included in the specifications, which were developed for the last project on Broadway and were successful, ~ 6".). Page 3, Item .2t1 Meeting Date 4/16/96 will enable both the contractor and the area business people to maintain close, proactive communication to diminish the daily inconveniences attributable to construction activities. Since Southland Paving has not done any work in the City since the Broadway project, staff has reviewed Southland Paving, Inc.' s references, verified their license and determined that they have the relevant experience and resources to complete the project on time and within budget. We, therefore, recommend that the contract be awarded to Southland Paving. The highly competitive and excellent low bid received from Southland Paving will allow the City to award the contract now using only the currently available funds which are sufficient to fully fund the actual contract. Construction activities by Southland will not start until approximately mid May and will continue through mid November (in next fiscal year). In addition, the funds needed to cover the water utility relocation costs by Sweetwater Authority must to be encumbered now so that Sweetwater can do the work in June. Currently available funds are sufficient to fund those costs at this time also. Therefore, the additional required funding for contingencies, stafftime, and materials testing can be appropriated during the normal 1996/1997 CIP budget approval process since the majority of these expenses will not occur until next fiscal year (FY 96/97). Disclosure Statement Attached is a copy ofthe contractor's disclosure statement (Exhibit E). Environmental Status A Negative Declaration (1S-94-08) has been prepared in conformance with Section 15070 of the state CEQA guidelines and filed on October 13, 1995 with the County Clerk's office. Prevailinl.( Wa!!e Statement The source of funding for this project is TransNet funds. Contractors bidding the project were not required to pay prevailing wages. No special minority or women owned business requirements were necessary as part of the bid documents. However, disadvantaged businesses were encouraged to participate and the project was advertised with various minority trade publications per the City's outreach policy. Financial Statement Funds Required for Construction A. Contract Amount $1,942,775.50 B. Contingencies (10%) 194,277.50 C. Staff (Inspection, surveying and material testing) 170,238.00 D. Water utilities relocation cost (Sweetwater Authority) 60,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,367,291.00 d()'..3 Page 4, Item .).1 Meeting Date 4/16/96 Funds Available for Construction A. Broadway Street Reconstruction. (ST-143) $2,031,291.00 B. Additional funding, 96/97 eIP Budget (ST-143) $336,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,367,291.00 FISCAL IMPACT: The current CIP budget includes an appropriation of $2,031 ,291 in unencumbered TransNet funds for the construction of the project. The City Council approved an additional funding of $460,000 in the RTIP program adopted by Resolution 18226 on March 5,1996. However, due to the excellent bids we received for the project, only $336,000 of the additional funding will actually be needed for the construction ofthis project. The remaining balance, along with any unused contingencies will revert to the TransNet fund for other projects. These funds will be included in the 96/97 CIP Budget request. As indicated above, there is a minimal risk that SANDAG could choose to not approve our request for TransNet funds. After project construction, only routine maintenance will be required. Attachments: Exhibit A; Exhibit B: Exhibit C: Exhibit D: Exhibit E: Council Agenda Statement for Resolution 17878 Report to City Council Council Agenda Statement for Resolution 18226 Listing of measures imposed by the project's specification. Contractor's Disclosure Statement ~ ~ SA:ST-143 m:\home\engineer\agenda\st143awd.sa ~p",~ RESOLUTION NO. I JI-tt,f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "BROADWAY STREET RECONSTRUCTION BETWEEN NAPLES STREET AND ANITA STREET IN THE CITY OF CHULA VISTA, CA. (st- 143)" WHEREAS, at 2:00 p.m. on March 29, 1996, in Conference Room 3 in the Public Services Building, the Director of Public Works received the following eight sealed bids for "Broadway Street Reconstruction Between Naples Street and Anita Street in the City of Chula Vista, CA (ST-143)": Contractor Bid Amount 1. Southland Paving, Inc. - Escondida $1,942,775.50 2. R.E. Hazard Contracting Co. - San Diego $2,022,962.00 3. Ortiz Corporation - Chula Vista $2,090,459.17 4. L.R. Hubbard Inc. - San Diego $2,131,150.50 5. Sim J. Harris - San Diego $2,183,636.00 6. Builders Staff Inc. - Cardiff by the Sea $2,214,814.05 7. Castello, Inc. - Escondida $2,266,614.00 8. Wier Construction Corp. - Escondida $2,426,185.41 WHEREAS, the low bid by Southland Paving, Inc. is below the engineer's estimate of $2,317,950 by $375,174.50 or by 16.2% and the low bidder, Southland Paving, Inc., has previously done satisfactory work for the City during the construction of two previous segments of Broadway the first between F Street and I Street and the second is between L Street and Naples Street; and WHEREAS, in reviewing the qualifications of Southland Paving, staff had one major concern relating to the contractor's ability to coordinate improvements with the area business people since staff has incorporated extensive measures within the project specifications to assure proper coordination between the contractor and the area businesses which will collectively diminish the adverse impacts of the construction activities and assure that the contractor will comply with the improvement goals and be responsive to the merchants' concerns; and WHEREAS, staff has reviewed Southland Paving, Inc.' s references, verified their license and determined that they have the relevant experience and resources to complete the project on 1 .,ld-f time and within budget and recommend that the contract be awarded to Southland Paving; and WHEREAS, the highly competitive and excellent low bid received from Southland Paving will allow the city to award the contract now using only the currently available funds which are sufficient to fully fund the actual contract; and WHEREAS, a Negative Declaration (IS-94-08) has been prepared in conformance with section 15070 of the state CEQA guidelines and filed on October 13, 1995 with the County Clerk's office; and TransNet required WHEREAS, the source of funding for this project is funds and contractors bidding the project were not to pay prevailing wages; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to participate and the project was advertised with various minority trade publications per the City's outreach policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: section 1. That the City Council does hereby adopt Negative declaration (IS-94-08) prepared in conformance with section 15070 of the State CEQA Guidelines and filed on October 13, 1995 with the County Clerk's office. section 2. That the City Council does hereby accept the bid of Southland Paving, Inc. as responsive. section 3. The City Council awards the contract for "The Broadway Street Reconstruction between Naples Street and Anita Street in the City of Chula Vista, CA (ST-143)" to Southland Pavings, Inc. in the amount of $1,942,775.50, the lowest responsible bidder which submitted a responsive bid to the approved specifications. section 4. The Mayor of the hereby authorized and directed to execute behalf of the City of Chula vista. Presented by of Ch la vista is contr t for and on "J: d John P. Lippitt Director of Public Works c: \rs\broadway. bid 2 .}"..~ EXHIBIT -A- 1 COUNCIL AGENDA STATEMENT Iteml Meeting Date 4/25/95 ITEM TITLE: Public htaring on ll)e "Improving Broadway from Naples Street 10 Anita Street" project. Resolution t -,~ 7cg Approving the retention of medians. the installation of landscaping w11f1in those medians and directing staff 10 complete the design and final plans for the "Improvement of Broadway from Naples Street 10 Anita Street Project" SUB~fITTED BY: Director of Public Work~.'.r REVIEWED BY: City Manager (4/5ths Vote: Yes_No..XJ On November 7, 1972, Council passed Resolution No. 6655 adopting Council Policy 576-12. This policy requires that a public hearing be held prior to any widening of travelways within the City. Additionally. in response to the business community concerns regarding medians, Council has directed staff to bring back the medians issue in advance of any design work. The FY 1994-95 Capital Improvement Program (CIP) budget includes funding for design of the reconstruction of Broadway from Naples Street to Anita Street (STI43). The project includes the renovation 'of the existing medians where necessary and the widening of Broadway at Palomar Street to accommodate dual left turn lanes. This public hearing addresses the section of Broadway from Naples Street to Anita Street. RECO~fME1'\;DATIO~: It is recommended that Council: 1. Hold a public hearing on the "Improving of Broadway from Naples Street to Anita Street" project. 2. Approve the retention of the medians, the installation of landscaping within those medians, and direct staff to complete the design and final plans for the project. BOARDS/COMMISSIONS RECOMMENDATION: On April 13, 1995, the Safety Commission reviewed the proposed reconstruction project. The Sa~ety CommiSsion voted 6-0-1 with Commissioner Bierd absent to recommend retaining the existing medians. Attached as Exhibit" A" is I copy of the Safety Commission minutes (excerpt). DISCUSSION: On October 17. 1989, Council by Resolution No. 15349 approved the basic street standards for various streets shown on the Circulation Element of the General Plan. Broadway is classified as I four-lane major roadway on the circulation plan. In previous fiscal ytarS, Council has approved the widening of Broadway both to tJJe north and south of this project's limits to meet these City standards. Specifically, Broadway was recently widened from "F" Street to "I" Street and reconstructed from "L" Street to Naples Street last fiscal ytar. The portion between "I" Street and "L" Street is now under construction and is expected to be completed this ytar. '.2/1. ? .. EXHIBIT -A- 2 Page 2, Item .C\ Meeting Date_4!2S!9S A notification Jetter was sent on March 2 to all 250 owners and tenants affected by this project to attend a Public Information Meeting. Also notified were the Broadway Business Association and the Chula Vista Chamber of Commerce. This meeting was held on Thursday, March 23, 1995. with about 20 propeny owners and tenants potentially impacted by this reconstruction project in attendance. During the meeting the merchants voiced concern about the impact the construction activities will have on their businesses and provided suggestions as to how these impacts could be diminished. Tbe Broadway Business Association and most in attendance were in opposition to maintaining the median islands. In general. however. all attendees were supponive of the reconstruction project. Their major comments/recommendations are discussed below and are summarized on Exhibit "B". attached. Prior to our March 2 meeting. staff met with the Broadway Business Association on February 23. 1995 to give the members an update on the planning of the project. The general scope of the project is to reconstruct the travelway in this portion of Broadway in order to replace deteriorated asphalt pavements and to install missing improvements and sidewalks. In addition. the east side of Broadway immediately south of Palomar Street will be widened to allow for double left turn lanes to north-bound traffic. The construction of missing improvements and the widening to provide the two way left turn lane should make this section of Broadway both safer and more beneficial to the adjacent businesses. Most of the existing curb. gutter and sidewalk on both sides of Broadway will remain in place. New construction is proposed only where needed such as missing improvements. deteriorated and cracked slabs and sub-standard improvements not meeting the American with Disabilities Act (ADA). Some existing improvements such as drainage system, pavement. traffic signals and certain driveways will be removed and replaced to meet our current standards. A two (2) feet in width strip of right-of-way will be required to allow for the needed widening at the southeast corner of Broadway and Palomar Street. No other right-of-way will be required for the project with the exception of minor property acquisition on some corner lots necessary to construct new curb returns. Exjstin~ Raised Medians The City Council at its meeting of February 2, 1990 provided staff with general policy direction concerning construction of street improvements along the Broadway corridor including construction of raised median islands. At this meeting. Council accepted the following recommendation based on staffs report and input by the Chamber of Commerce: I. The street to be widened as necessary. 2. Existing medians to be maintained and new med~ would be permitted only at major intersection. 3. All landscaping shall be low growing shrubs which do not block sianage. Subsequently. during the design of the Broadway project between F Street and I Street, concerns brought forward by the business community caused the Council to direct that staff bring forward for review all funher proposals for Broadway which include raised medians. Also. on February 22. 1994. while considering the adoption of the seven year TransNet Local Street and Road Program for the FY 1995-:~OOI period. Council directed staff to return to them to consider the retention of the medians in this portion of Broadway. Attached as Exhibit C is the Council Agenda St..,ement and minutes for the February 2, 1990 Council meeting and the minutes of the February 22, 11;'94 Council meeting. ~I)- ~ EXHIBIT -A- 3 Page 3, Item q Meeting Date ~(25/95 Between Naples Street and Main Street, Broadway has existing full median islands. Median islands to the north and south of the project are currently fully landscaped, however, the existing median islands within this project limit are currently paved with asphalt concrete. (See Exhibit OD" showing existing improvements). In response to public input and in preparation for tonight's Council meeting, staff reviewed three different options that Council may evaluate in its decision to improve/remove the existing med~ns: . Alternate I. Maintain existing median curbs with one minor change in configuration and construct hardscape and landscape in place of the asphalt paved islands. (See Exhibit oE") Alternate 2. Completely remove and replace existing medians with DeW laDdscaped islands. (See Exhibit "F"). Alternate 3. Eliminate most of the existing medians and construct a paved, stripped two-way left turn lane with median islands constructed only at the intersections due to overriding safety concerns. (See Exhibit "G"). These alternatives were evaluated utilizing a matrix containing the following factors: Cost of median area work. Safety Commission recommendation. merchant's preference, continuity with adjacent Broadway segments. aesthetics, existing paltern of traffic. meeting our standards, accident level, design capacity and ease of construction. This decision making matrix is attached as Exhibit oW. In evaluating factors impacting the existing medians, staff considered the fact that these medians have been in existence in the area for more than twenty years. Therefore, ingress and egress traffic patterns to business are well established in this area of Broadway. Also, new median islands do currently exist to the north and south of this project. With regard to traffic safety, there is strong evidence, on local and regional level. that high volume business streets, such as Broadway, experience less mid-block accidents where raised medians exist than similar streets without medians. To illustrate this point, staff prepared a report on accident rates on Broadway as they relate to the various traffic conditions existing between C Street and Main Street for a twelve month period from January 1 . December 31,1994. This report is included as pan of Exhibit A. Based on this evaluation process, staff is recommending that alternate I be adopted for this section of Broadway. Per this alternative, we would retain the existing median and maintain the existing concrete curbs while replacing asphalt paving within the islands with attractive stamped concrete hardscape and landscaped pockets. The decision making matrix summarizes the advantages/disadvantages of each alternative. By Resolution No. i2030, the City Council adopted the median landscaping policy No. 576-08 revised on May 22,1985. The subject policy established various median design standards. The staff proposal conforms to all these standards including 65 percent hardscape to 35 percent landscape of the entire median surface area. PubHc Hea.rinR R~auir~mt!nt Council had directed, during several previous actions. that medians be brought forward for consideration prior to the construction of the new improvements on Broadway. To prepare for tonight's public hearing, staff met with the area owners and tenants on March 23, 1995 and with contractors of previous segments of Broadway on March 8, 1995. The pl.rpose of these meetings was to obtain input from the affected merchz.:lts and feedback from contractors in the design aDd subsequent constrUction of the proposed proj":t. Through this communication process, we have obtained suggestions which will diminish the ilnpacts associated with construction activities of this magnitude and nature. .2~'9 EXHBIT -A- 4 , Page 4, Item' q Meeting Date 4/2~/9~ Since the March 23 meeting, we have worked to address each of the merchant's major comments/recommendations. The majority of these comments/recommendations have been found to be appropriate and will be implemented. Specific measures which we plan to implement as a result of this consultation process include: . Do one side of street first and only \4 mile at a time - the contractor would be required to complete the improvements on one side within the \4 mile before moving to the next section . After removal of the existing curb, gutter and sidewalk the new improvements must be installed within 10 working days . Construction of all curbs. gutters and sidewalks to be completed before demolishing and removing pavement . Use high early strength cement for driveway construction . Provide .Open for Business. signs for each business . Prohibit work from November 1995 to January 1996 . Have contractor work 10 hour days . keep full-time inspector(s) on the job . Equip the inspector(s) with a pager - provide the pager number(s) to the merchants . Inspector(s) to personally contact each merchant prior ~o actual work commencement adjacent to the shop . Keep on-street parking as long as practicable . Minimize depth of structural section . Maintain all driveways signed and open . Maintain access to bus stops at all times . Meet weekly with merchantS and/or the Broadway Business Association during construction . Start north end of project and work south . Advertise shops are open for business during construction period Measures considered. but not recommended: . Do work durinQ th~ ni~ht only Implementation of this suggestion will increast the construction cost of this project significantly. In addition, the noise generated by construction activities would disrupt the tenants of the apartments located on the east side of Broadway between Oxford Street and Palomar Street. . Relocat~/Tedesi~n curb onenin~ snuth of Palomar Street An opening in the median south of Palomar Street was suggested to facilitate left turn movements by large vehicles into a business in this area. This suggestion was considered at the Safety Commission meeting and was rejected because it is contrary to the Commission'~ goals of reducing mid-block intersections as much as possible (Exhibit A). , ,<d"'/tJ EXHIBIT -A- 5 Page 5, Item q Meeting Date 4/25/95 Based on our meeting with the merchants, it is staffs opinion that, in general. they are supportive of the project. One of the major reasons for their support is that they are able to compare the existing condition of this reach of Broadway with the two improved portions to the north and south. Other general reasons include the fact that the existing pavement is deteriorated and requires reconstrUction and the street is currently carrying high traffic volumes. Nevertheless. several merchants and Broadway Business Association favored the elimination of the existing medians in order to give more direct and immediate mid-block left turn access to their businesses. Con~tTuctjon Schedulin~ Based on the comments received from the merchants and the experiences gained from the previous projects, we propose to begin the street widening work in January 1996. Once commenced, the contractor will be allowed to progress JA mile ahead of new improvements and will have up to 100 working days to complete the project. The merchants we met with understand that this schedule will impact their sales: but that it is proposed with their overall interest in mind while accommodating the City's bidding/funding constraints. Minor disruption due to construction activities is expected for this reach of Broadway, because no street widening will be necessary, except at the southeast corner of Broadway and Palomar Street (to provide an additional left-turn lane for northbound Broadway to westbound Palomar Street motorists). In addition, utilities are already undergrounded and only minor relocation work is expected from utilities rather than a major undergrounding efforts as was the case in the previous segments of Broadway. The Sweetwater Authority will replace its water main along this project's limits prior to commencement of our work. We are 'Currently working with Sweetwater Authority staff to coordinate both projects and assure that disruption to businesses is kept to a minimum. Prooertv Access DurinQ Construction Perhaps the major concern expressed by the merchants was that of property access during construction. Several options were discussed and are proposed by staff. They are: . Use early strength cement - allowing driveways to be open within 72 hours to veh icular traffic as opposed to one week . Place driveways 11.1 at a time - keeping access to the property open at all times . Properties with more than one driveway will keep at least one open driveway at all times . Install 4 ft. x 4 ft. wooden signs adjacent to each'business advertising shop is open to business and/or clarifying access points . Keep close contact with merchants to plan work schedules which accommodate their merchandise delivery periods . Wherever possible, provide alternate access point . Set limits on number of hours contractor can block/disrupt access to the property . Only limited number of driveways will be reconstrUcted Staff R~comm~ndation It is staff's recommendation that Council direct that we proceed with the completion of the plans and specifications to reconstruct Broadway f..,m Naples Street to Anita Street while retaining medians with one minor change in configuration and constructing landscape in place of the asphalt paved islands. ",J~"/I EXHIBIT -A- 6 Page 6, Item '9 Meeting Date 4/25/95 Staff has been receptive to the merchant's concerns regarding disruption to their businesses during the construction activities. We propose to prepare a "tight" set of specifications which include measures that diminish this adverse impact. In addition, we propose a construction schedule, which is designed to minimize the construction period while eliminating disruptive activities during the merchant's busiest period of the year. Staff will maintain close, daily communications with the area merchants and act proactively to diminish the daily inconveniences attributable to construction activities. The inspector will contact each merchant prior to commencement of work activities immediately adjacent to hislher shop and provide the merchant his pager number in case they need to discuss the work activity with him. All the concerns expressed by the merchants at our March 23 meeting will be addressed on the contract specifications. Conclusion The purpose of the proposed Improvement of Broadway between Naples Street and Anita Street is to provide a travel way that accommodates existing and projected traffic volumes. Widening of Broadway to the north and south of this project's reach has been completed previously. The concerns raised by the merchants impacted by the construction activities are listed above and all will be addressed in the contract's plans and specifications. Staff believes that the concerns expressed by the merchants at the March 23 meeting are valid. The project as proposed. incorporates a1l the measures the merchant's suggested and collectively will diminish these adverse impacts. Staff has endeavored to balance the merchant'~ concerns/desires with the physical construction requirements which will enable the City's contractor to complete the project in the shonest time while maintaining a safe environment for all (construction workers. merchants and traveling public). All property owners and tenants impacted by this project have been notified of the public hearing. nSCAL IMPACT: 5230,500 has been appropriated for the design of this project. The FY 95/96 proposed CIP includes a recommendation to appropriate 52.108.000 in TransNet funds for the construction (contract, inspection, and contingencies) of the project. This project and its funding is pan of the RTIP program approved by Council on February 22, 1994 by Resolution 17396. The actual appropriation of construction funds is contingent on Council's adoption of the FY 95/96 CIP. The annual landscape maintenance cost for the entire length of this project is estimated to be approximately_~_6,OOO. lAJJ'iIt N..: IT.I'''' 1II:_.......''''....''''.Jpb..'' Exhibil 'A'. Slf.., COIIIIIIiui............ Exhibil -.-. Public ~ ~"ncommcnd.&iDns. Exhibi. 'C'. Council pnviouI di~.... ..1IIIdianI11ooI..........y MiIIIIIa & AI- s...,....., Exhibi. 'D'. pilI _illa.lliai., ooodili.... Exhibil 'E' .:plltlllowinl........Ii.. I. Exhibil 'F'. pilI -ilia ._liyo 2. Exhibit 'G'. :pll' .-i., .1I0maliy. 3. Exhibi. 'H'. Doci.i.. DllLi., DIItri,. .2.(') ../.2- EXHIBIT "B" 1 COUNCIL AGENDA STATEMENT Item~ Meeting Date 12/5/95 ITEM TITLE: Report on the progress in the design of final plans for the "Improvement of Broadway from Naples Street to Anita Street Project (ST-143)" SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager (4/5ths Vote: Yes_NoX) The FY 1994-95 Capital Improvement Program (CIP) budget includes funding for the design of the reconstruction of Broadway from Naples Street to Anita Street (STl43). The project includes the renovation of the existing medians where necessary and the widening of Broadway at Palomar Street to accommodate dual left turn lanes. On April 25, 1995, Council held a public hearing on the project and approved the retention of the medians, the installation oflandscaping within those medians, and directed staff to complete the design and final plans for the project. The project design is about 60% complete and is ready to enter its final stage. Our work, however, shows that changes to the project need to be made to make it more effective in cost and to minimize its impact on the general public. The major change involves the need to reconstruct the existing medians in this section of Broadway and to reconstruct about 2/3's of the pavement vs. 1/3 as originally proposed. Since the cost to provide the proposed modifications is sizeable, approximately 20%, staff, therefore, is presenting this issue to Council before continuing to complete the design, and plans and specifications, should Council decide to change the scope of the project. RECOMMENDATION: That Council approve the report, direct staff to finalize the design plans, and bid the project, including the reconstruction of the medians. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On April 25, 1995, Council held a public hearing on the subject project end by Resolution No. 17878 approved the design concept proposal for Broadway between Naples Street to Anita Street (Exhibit A). The general scope of the project, as approved in the FY 1994-95 CIP and subsequently authorized by Council in the April 25, 1995 meeting, is to replace deteriorated asphalt pavements, install missing improvements and sidewalks, widen the east side of Broadway immediately south of PalomaI' Str~et and,'.pg!'sde traffic signals and certain driveways to meet our current standards. In addition, staff recommended, and Council approved, the retention of existing median curbs and the installation ofhardscape and landscape in place of the asphalt pavement within those medians. CIP Cost Estimatin~ Process The cost estimating p;"cess for CIP projects starts out with very rough estimates. ':'he staffhas a conceptual idea of what the project is to accomplish. With that conceptual idea, an estirnat~ is prepared which is not e:(1J..J :J EXHIBIT "B" 2 Page 2, Item,1l Meeting Date 12/5/95 based on a detailed design or information from the Survey crew. Therefor, the estimate of quantities is not accurate. Furthermore, in street reconstruction projects, issues arise during the design phase, which can have impacts on the scope of the project as well as the cost. This is because soil and pavement testing is done during the design phase. If the material is much worse than detected at the CIP budget process stage, than the costs will increase in order to do more pavement work. Also, other items arise during the design phase, such as utility conflicts and drainage problems that are apparant during the project concept stage. This project experienced several changes that have arisen since the CIP budget approval. Chanl!es to the Scone Of Work In developing the conceptual plans for the project and preparing the preliminary scope of work, staff incorporated comments and recommendations made by area merchants and owners, while meeting our design standards and Council directions and recommendations. The initial scope of work was first presented to Council during the CIP approval process, and again at the April 25, 1995 Council meeting. During the design process various changes to the scope of work have emerged. Although staff believes that the magnitude of these changes is minor in comparison to the size of the project, (20%), we felt it prudent to bring these revisions to Council's attention prior to proceeding to fmalize the project since the dollar amount was sizeable ($457,000). These changes are summarized below: 1. Extent of asphalt concrete pavement reconstruction: The initial assessment of the pavement condition during the preliminary planning of the project, indicated that a 2 inch asphalt concrete overlay would be sufficient to rehabilitate this part of Broadway. Attached as Exhibit B is the original CIP detail sheet for the project. The conceptual design plan brought to Council during the April 25, 1995 meeting assumed that up to Va of the pavement had to be completely replaced and the remaining part would be merely overlaid. After the project was approved, and as part of the design process, staff and the City's geotechnical consultant, performed detailed soil testing and pavement structural analysis. It was concluded that the existing pavement structural section and the underlying soil do not have the physical properties to withstand the design traffic loads. Working with our consultant, staff has determined the need to completely replace about 0/3 of the pavement and to overlay the remaining part with a 3" Asphalt Rubber Hot Mix (ARHM), a stronger and more expensive pavement alternative. The level of testing and analysis required to determine the exact amount of pavement to remove in a reconstruction project is extensive and expensive and not done during the CIP budget process. Initial estimates of pavement removal are taken from filed review. The expansion of pavement reconstruction will increase the project's cost by an estimated $394,750. (Exhibit C). 2. Storm drainage system: The original scope of work included limited storm drainage improvements, amounting to the resizing of inlet structures. However, the completed hydrology and hydraulics studies for the project indicate the need for two drainage systems. The first, extends about 600 feet immediately south of Naples Street. The second, is located on Broadway south of Palomar Street and extends about 1,000 feet. The need for these systems was not found during. the budgeting studies because at this stage of the process, the need for drainage faciliti~3 is determined by reviewing historical drainage studies only. A further and more detailed mldy ,,2(J"I'I EXHIBIT "B" 3 Page 3, Item~ Meeting Date 12/5/95 is performed during the fInal design of the project. In this case, for the preliminary stage staff relied on a specia1 study of storm drain facilities for Chula Vista performed back in 1964 by Lawrence, Fogg, Florer and Smith. (the "Fogg report"). This study is usually very reliable for most of Chula Vista and is used extensively by staff and consultants. However, for this particular location, which was under the County's jurisdiction in 1964, a redirection of drainage pattern occurred and became apparent during the design process. These drainage systems are estimated to cost a total of$171,400 (Exhibit C). 3. Additional median opening on Broadway South of Palomar: During the consultation process with property owners and merchants, and before the public hearing for the project on April 25, 1995, staff received a request from property owners and tenants to allow an opening in the median south of Palomar Street. In the Council agenda statement for the April 25, 1995 meeting, staff informed Council of these discussions and recommended not to provide the opening. Council concurred with our recommendation. However, staffhas since reconsidered the possibility ofsuch an opening in an endeavor to accommodate merchant's concerns/desires. In addition, the new opening was requested by the property owners on the southeast comer of Broadway and Palomar Street during the negotiation for right-of-way acquisition at that location. In return, the property owners have agreed to grant the City gratis, the needed right-of-way (a saving of $7,500). Staff has developed a median opening at the requested location which will balance the concern for safety with the merchant's desire and is now recommending the incorporation of this opening in the projects plans. Attached as Exhibit D is a plat showing the staff suggested solution. Staff estimates the cost of providing a median opening to be very similar to rebuilding a new median, thus, the additional cost of the option is minimal. 4. Removal and replacement of existing median curbs: The existence of raised medians in this section of Broadway was brought to Council's attention at the April 25, 1995 meeting. At this meeting, Council directed staff to keep the existing medians based on the following factors: cost, Safety Commission recomme!1dation, merchant's preference, continuity with adjacent Broadway segments, aesthetics, existing pattern of traffic, meeting our standards, accident level, design capacity and ease of construction. In making its decision, Council evaluated three alternatives and approved the retention of medians and the installation oflandscape and hardscape within those medians. However, as a cost saving measure, staff recommended and council approved that the existing median concrete curbs be maintained with minor changes in confIguration. Staff is now recommending reconstruction of the existing median concrete curbs due the following: . The need to reconstruct about two thirds of the asphalt concrete pavement adversely affects the contractor's ability to preserve the existing median curbs. As originally proposed (mostly overlay), the contractor had to trench only behind the median curbs to a1low for landscaping. However, since we now know that we need to reconstr'~ct the structura1 section with 19 to 24 inches of asphalt.. ..2d-l..s EXHIBIT "B" 4 Page 4, Item'~ Meeting Date 12/5/95 concrete, the contractor will need to trench in front and behind the median curbs. Therefore, preserving the curbs would cost more than originally envisioned. . The need for storm drain system improvements dictates the need to select the best location for the proposed system along Broadway. Staffhad no choice but to locate the systems along the center of the roadway across a large portion of the medians. This location was chosen to prevent conflicts with existing utilities, to reduce public inconvenience and traffic conflicts during the construction period, to be compatible with construction phasing and to avoid trenching in the middle of a driving lane. . Originally, staff concluded from the records available for our review that a concrete slab under Broadway ended at Moss Street. However, soil testing in the segment between Naples street and Anita street revealed the existence of the 18 foot wide concrete slab under the full length of Broadway. Portions of this slab have to be removed to allow for the new pavement and for the landscaping of the medians. The removal of this concrete slab will necessitate the removal of the median curbs above it. It will be more expensive to keep the median curbs in this case during construction because it will require an elaborated saw cutting operation to the concrete slab under the curbs. The above factors, combine to make the retention of the median curbs a constructability problem to contractors since a large portion of the curbs will be within an area targeted for demolition and reconstruction. Selective demolition is typically more expensive because of the added pOssibility of damage due to construction equipment scraping or breaking the improvements. Therefore, contractors tend in cases like this to increase their demolition bids to account for the business risk associated with such an arrangement. Due to these factors, staff is recommending now the complete replacement of the median curbs. The medians would be reconstructed to the same extent and width as exists now. No changes to the landscaping work is proposed. The original CIP budget for median reconstruction was $250,000. The increase in reconstruction costs will increase the median construction costs by about $60,000 above the originally budgeted cost to $310,000. (Exhibit C) Alternate Median Treatment As discussed in the April 25 report, (Exhibit A), we discussed the option of a raised median as well as removing the median (except near major intersections) and paving with asphalt (similar to the section between F Street and L Street). For several reasons, it was recommended to keep the existing median curbs and construct 65% decorative paving and 35% landscaping in the medians. The other alternatives were to completely rebuild medians with 65% decorative paving and 35% landscaping or remove medians, except at major intersection(s) (new staff recommendation), or pave with asphalt. One of the reasons in favor of the original recommendation was that the cost would be less expensive. In the April report, removing the raised medians alternative was more expensive than keep existing median curbs, but was less expensive than completely removing the existing median and rebuilding a new median. Other reasons that staff recommended a raised median included: I) Safety Commission recommended to keep the raised medians; 2) Merchant preference; ..2/) . / t EXHIBIT "B" 5 . Page 5, Itenl~ Meeting Date 12/5/95 3) Consistent with adjacent Broadway segment (i.e. Broadway between Main Street and Anita Street, and between L Street and Naples Street has raised landscaped medians); 4) Aesthetics; 5) Meeting our standard for this class of highway; 6) Already raised medians, so won't impact businesses; and 7) Lower accident level with raised medians vs. paved medians. Staff has estimated that since we're now proposing to remove and construct new medians and curbs, we would save $75,000 to $100,000 by removing the median and replacing with asphalt pavement. Council may wish to consider this option. If Council does wish to remove the median islands, we recommend the item be referred back to staff for more accurate estimates and to set up meetings with affected property owners along the routes, then return with a public hearing before Council to consider removal of medians. If Council accepts staff's recommend8tion to build new raised medians, the additional work with preparing new design and estimate and working with property owners will not be necessary. FISCAL IMPACT: $230,500 has been appropriated for the design of this project. The FY 95/96 CIP includes an appropriation of$2,108,000 in TransNet funds for the construction (contract, inspection, and contingencies) of the project for a total of$ 2,338,500. This project and its funding is part of the RTIP program approved by Council on February 22,1994 by Resolution 17396. The new changes in scope of work will raise the total cost to $2,795,000. Attached as Exhibit C is a detailed cost summary showing itemized impact of the scope of work changes. Staff will return at the time award of contract is scheduled to appropriate additional funds. These costs are still estimates and once bids are received, a more accurate amount of additional funds will be determined. Attachments: Exhibit A - Council Agenda Statement. Exhibit B - CIP details sheet Exhibit C . Cost summary sheet. Exhibit D. Plat showing proposed opening south of Palomar Street. SAlFileNo.: 073S-IG.ST.I43--6 M:\homelenaineer\aa:eftda\st143rpt.jpl .2./J .. 17 EX~UMTu,--C" 1 COUNCIL AGENDA STATEMENT . Item~ Meeting Date 3/05/96 ITEM TITLE: Public Hearing on the Chula Vista Transportation Improvement Program for the next seven fiscal years Resolution t~ 'J~ Adopting the Seven-Year TransNet Local Street and Road Program of Projects for Fiscal Years 1996-97 through 2002-2003 and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program (RTIP) SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager (4/Sths Vote: Yes_NoX) The San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (fiscal years 1996- 1997 through 2002-2003) of proposed major highway, arterial, transit, bikeway, and aviation projects. The alUlUa] development and approval of the R TIP by the San Diego Association of Governments (SANDAG) is a requirement for the continued receipt of State and Federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP). Said rroposition was enacted by the voters of San Diego County on November 3,1987. Proposition 'A' is a Y:z percent increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects. One third of the revenues are specified for allocation to the local agencies for local street and road pW'poses. The other two thirds will be equally shared for two additional primary pW'poses: Regional Highway and Public Transit improvements. SANDAG administers the program County-wide. RECOMMENDATION: That Council conduct the public hearing and upon its completion approve a resolution adopting the City's RTIP Program and approve its submittal to SANDAG. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Proposition' A' Ordinance and Expenditure Plan states that the revenue generated by the sales tax measure will be used solely for transportation improvement projects in accordance with the following priorities: I. To repair and rehabilitate existing roadways. 2. To reduce congestion and improve safety. 3. To provide for the construction of needed facilities. In accordance with said priorities, the proposed RTIPlTransNet Expenditure Plan was prepared as shown on Table I (attached). Tables 2 and 3 (attached) show projected revenues and expenditures for corresponding fiscal years. 2hula Vista's total revenues as projected by SANDAG over the next seven fiscal years are estimated to be $18.15 ..w'lr EXHIBIT "C" 2 Page 2, Item ~ Meeting Date 3/05/96 million. The City has the option to amend the RTIP in 1997 when new projections become available. Based on future interest earnings and changes in the projects, an amendment will be necessary to eliminate the negative carryover balance for FY 1997/98. The positive balance at the end of FY 2002/2003 will be carried over to FY 2003/2004. The proposed RTIP is consistent with the City's CIP program and includes eight projects utilizing TransNet funds in Fiscal Years 1996-97 through 2002-03. The projects and their corresponding amounts are programmed as follows: PROJECT AMOUNT FISCAL YEAR I. Otay Valley Road, additional funds' $201,000 1996-97 2. Broadway, Naples to Anita, additional $460,000 1996-97 funds2 3. Main Street, Industrial to Broadway - I $2,039,000 1996-97 4. Main Street, Industrial to Broadway - II $2,786,000 1997-98 5. Palomar Street, 1-5 to Industrial $854,000 1998-99 6. "E" Street, 1-5 to Broadway $767,000 1998-99 7. Main Street, Broadway to Third $4,500,000 1998-99 thru 2000-01 8. Main Street, Third to Hilltop $5,000,000 2000-01 thru 2002-03 TOTAL 516,607,000 I Approved by the City Council and Redevelopment Agency on February 6,1996. 2 Latest estimate based on approved plans and specifications. The projects as listed in terms of priority involve widening and extensive reconstruction including but not limited to: installation of asphalt concrete pavement, curb, gutter, sidewalks, street lights, drainage facilities, etc. All eight projects have been approved in previous RTIPs. Table 4 (attached) includes a project information form for each of the eight projects. Table 5 lists all the TransNet projects that have been completed since the inception of the program. The deadline for local agency project submittals of the 1996-03 RTlP to SANDAG is March 15, 1996. SANDAG will distribute the draft R TIP for review and comment in the latter part of April 1996. Adoption of the final RTIP is scheduled for SANDAG Board of Directors action at its meeting of June 28, 1996. FISCAL IMPACT: TransNet sales tax revenues totaling approximately $16,607,000 to be allocated to the City of Chula Vista for Fiscal Years 1996-97 through 2002-03. SMN :rb File No. 0390-50-KYI74 ~:\HOME\ENGINEER\AGENDA IRTIPHRG I .SMN .2p'19 EXHIBIT D Specific measures which the contractor and staff will implement per the project's specifications. . Do one side of street first and only 'A mile at a time - the contractor would be required to complete the improvements on one side within the 'A mile before moving to the next section . After removal of the existing curb, gutter and sidewalk the new improvements must be installed within 10 working days . Construction of all curbs, gutters and sidewalks to be completed before demolishing and removing pavement . Use high early strength cement for driveway construction, if needed. . Provide "Open for Business" signs for each business . Prohibit work from November 1996 to January 1997, if needed. . Have contractor work 10 hour days . keep full-time inspector(s) on the job . Equip the inspector(s) with a pager - provide the pager number(s) to the merchants . Inspector(s) to personally contact each merchant prior to actual work commencement adjacent to the shop . Keep on-street parking as long as practicable . Minimize depth of structural section . Maintain all driveways signed and open . Maintain access to bus stops at all times . Meet weekly with merchants and/or the Broadway Business Association during construction . Start north end of project and work south . Advertise shops are open for business during construction period M:\home\engineer\agenda\st143d.exh .2d ',.2.1) EXHIBIT "E" THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of cenain ownership or financial interests, payments, or campaign ~ontributioDS, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 2. If any person. identified pursuant to (I) 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 pannership interest in the partnership. 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. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month'! Yes _ No ...!. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, wnsultants, or independent Contrd<:tors who you have assigned to represent you before the City in this matter. 6. Have you and/or your offi<:ers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or pre<:eding election period? Yes _ No .!.. If yes, state which Council members(s): Date: MARCH 27, 1996 * * * (NOTE: Attached additional rasr ~ Signature of Contractor/ Applkant RICHARD FLECK, PRESIDENT Print or type name of Contrdctor/ Applicant · Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. .2/;'.2/ 31 COUNCIL AGENDA STATEMENT ITEM TITLE: Item :J../ Meeting Date 4/16/96 Resolution I "..2~ppropriating additional funds for the construction of a portion of the Salt Creek Sewer line, adopting the negative declaration and authorizing the purchase of mitigation property U5/~ (Su'7 SUBMITTED BY: Director of Public ~~ Director of Plannin'(1 ~: ~ REVIEWED BY: City Manag:J~ ~ -4 ~ (4/5ths Vote: Yes X No-J On February 13, 1996 the City Council approved an appropriation of sewer funds for the construction of a portion of the Salt Creek Sewer Trunk line which lies within the same proposed easement as SDG&E's pipeline 2000 project high pressure gas line. On February 27, 1996 the Council approved a Joint Use Agreement and a Joint Construction Agreement with SDG&E for the joint use of an easement in Salt Creek and construction of the sewer line by SDG&E as part of their gas line project. SDG&E has received the bids and, in order to complete the construction, additional funds need to be appropriated. In addition, the Addendum to the Negative Declaration needs to be adopted and authorization needs to be obtained to purchase mitigation property in cooperation with The Environmental Trust. RECOMMENDATION: That the City Council appropriate an additional $280,000 to project SW210 - Salt Creek Sewer/SDGE pipeline from the available balance of sewer fund number 222 - Trunk Sewer Capital Reserve Fund, approving the negative declaration and addendum and authorizing the purchase of mitigation property to offset the loss of coastal sage habitat. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: The City and San Diego Gas and Electric Company have been working cooperatively to include the construction of a portion of the Salt Creek Trunk Sewer with the high pressure gas line being constructed by SDG&E in the Salt Creek area which had been identified by the City as the location of the future sewer. To that end the City and SDG&E have entered into agreements for the joint use of the area and for the joint construction by SDG&E. The Council appropriated $600,000 in Trunk Sewer Capital Reserve funds on February 13 based upon a very preliminary estimate without the benefit of survey work or even preliminary design. The plans have been completed, SDG&E has received bids and additional funds are needed. The developers originally approached the City about constructing this portion of the Salt Creek Sewer along with the SDG&E pipeline in mid January. At that time the City had no knowledge of the project and no specific details upon which a more accurate estimate could be based, but .2/ ". / Page 2, Item .;./ Meeting Date 4/] 6/96 SDG&E's schedule for advertising their project was mid March. Therefore, in order to be able to meet SDG&E's schedule City staff quickly prepared the preliminary estimate and requested funds accordingly. In order to permit the City to take advantage of cost savings in the SDG&E bid, there was insufficient time for more detailed research. The $600,000 budget request was based on an estimate of $480,000. Subsequently, plans and specifications were completed and a revised engineers estimate was prepared which brought previously unknown factors to light. Such items as the potential for rock excavation and breaking, dewatering, placing the sewer in a casing above the County Water Authority waterlines, trench shoring and constructing an access road to a manhole located outside the joint use area were items that had not been anticipated in the preliminary estimate, but were included as a result of the details brought out in the design. While staff tried to anticipate the impact of SDG&E's schedule on the sewer, the potential affect on the bid was a total unknown. In addition, the width of the easement, which was restricted in order to avoid more significant environmental impacts, added to the costs. The revised engineer's estimate was $640,000. When SDG&E received bids on the joint project they ranged from approximately $709,000 to approximately $779,000.' The bids contain two items of work which are only included based on a potential for the situation to arise. These two items are rock breaking and rock blasting. While staff believes that the need for these items is minimal based on the minimum soil borings done by SDG&E for their project, bids were requested for these items in order to have a unit price available if needed and not be at odds with the contractor on a change order. An estimated amount of this work was included so that a high, unbalanced price would not be included in the bid. If no rock is encountered the cost of the contract would be lowered within a range of $25,000 to $90,000. The Joint Construction Agreement with SDG&E provides that if the bids are more than 125 % above the engineer's estimate, the City has an option to not proceed with the sewer work and opt out of the agreement. The low bid, as initially submitted, is 111 % of the final engineers estimate. Staff has reviewed these estimates, discussed them with the contractors and believe that they are reasonable. Further, if the City were to postpone the work at this time and undertake the project after SDG&E's gas line is in place, staff believes that the project cost could go as high as three to four times the current cost due to the difficulty of working next to an active high pressure gas SDG&E's procedures are somewhat different from the City's in that after they receive the bids they have the ability to discuss items with each of the bidders where they believe the contractor may have submitted a higher bid due to lack of information. Often this process, which provides contractors with clarifications in areas that the bids were not as clear as originally thought, results in changes which lower the cost. The City is taking part in this process as it affects the sewer bids, however, we are guaranteed the lowest bid price with a potential to go lower. SDG&E does not wish the specific details to be made available to the bidders and have requested that we not itemize the bids. While staff can provide the Council with the bid summary confidentially if desired, staff believes that the low bid is reasonable. .:; /. ~ Page 3, Item .)./ Meeting Date 4/16/96 line and/or environmental considerations necessary to mitigate if the current allignment could not be followed. Ne~ative Declaration In 1994 the Environmental Review Coordinator conducted an Initial Study of the size of the facility and the establishment of a benefit area fee to fund construction of the Salt Creek gravity sewer interceptor. This Initial Study concluded that there would not result in any significant environmental impact and a negative declaration was prepared (IS-94-24). This negative declaration specified that as the specific location of the sewer line was determined, a more specific and detailed environmental analysis would be conducted. Because the precise location of the sewer line within and near the SDG&E pipeline 2000 project area is now known, a refinement of the environmental analysis was required. A site specific biological analysis was conducted because of the habitat and species value. This further analysis concluded that there would be no significant effect and an addendum to the previous negative declaration was prepared (attached as Exhibit A) The seweriine corridor uses the same alignment for the streambed crossing as the Pipeline 2000 gas line. It also uses the same alignment for crossing tributaries to Salt Creek. The spur seweriine that extends west from the trunk seweriine crossing of Salt Creek is incremental to the wetland impacts resulting from pipeline 2000. The incremental impacts to wetland and riparian habitat amount to 0.01 acres. The construction of the sewer line would result in the incremental impact to Coastal Sage Scrub (CSS) in two areas. The amount of additional habitat impacted by the seweriine "spur" is 0.05 acres of CSS. The amount of additional habitat impacted by the seweriine is 0.49 acres of CSS. The total amount of additional habitat impacted by the construction of the Salt Creek sewerline is 0.54 acres. Because the additional areas impacted are linear and narrow strips of habitat along the existing road and proposed SDG&E corridor, no impacts to the California gnatcatcher are anticipated. Because the construction for the sewerline would use the same construction techniques and timing, no impacts to breeding gnatcatchers are expected. Coordinating the construction of the Salt Creek seweriine with the SDG&E Pipeline 2000 to use the same alignment and same timing results in the overall minimization of impacts to the CSS habitat and California gnatcatchers located in Salt Creek. By using the same alignment, the construction of the seweriine does not require an additional permit from the Department of the Army, Corps of Engineers (Nationwide Permit). Miti~ation Property In order to mitigate the 0.54 acre of coastal sage scrub that will be impacted by the construction, it is recommended that Council authorize the purchase of I acre of coastal sage scrub located in the Marron Valley Environmental Preserve. As described in the negative declaration and ,,;/- :J Page 4, Item ~ I Meeting Date 4/16/96 addendum, the project site is not inhabited by the California gnatcatcher. The mitigation site is Coastal sage habitat, is not inhabited by the gnatcatcher, and is an appropriate mitigation site. Two other properties were reviewed prior to the determination to recommend purchase of the Marron Valley Environmental Preserve parcel. The first property in O'Neill canyon cost $12,000 an acre. The second property located in the Otay Valley area cost over $20,000 an acre. The $5,300 amount for Marron Valley property from the Marron Valley Environmental Preserve includes costs for: purchase of the property by the City and transfer of title to The Environmental Trust, escrow fees, and management in perpetuity by The Environmental Trust. The acre of land purchased would be used for mitigation of this project and the balance would be used for subsequent mitigation of other City projects. A'ppropriation The total additional amount to be appropriated is $280,000. This amount is based on the following figures: Contract $708,925.00 SDG&E costs (Inspection, soil testing, Biological, 25,000.00 Archeological) Contingencies (10%:t) 71,075.00 Subtotal $805,000.00 City Staff Costs Environmental Review/mitigation 5,000.00 Design (4%:t) 29,700.00 Inspection (5 % :t) 35,000.00 Land Purchase for Environmental Mitigation 5,300.00 Total needed $880,000.00 Less previous appropriation to SW-21O 600,000.00 Amount to be appropriated $280,000.00 Funds are available in fund 222, the Trunk Sewer Capital Reserve Fund. As with the original appropriation this amount will be included in the Salt Creek Sewer Basin Development Impact Fee (SCSBDIF) as a trade off for regional facilities that would have otherwise been constructed using the Trunk Sewer Capital Reserve funds. The developers have agreed to this trade off in order to .21.. ~ Page 5, Item ..21 Meeting Date 4/16/96 construct this portion of the line now and save considerably higher future costs. Because there is insufficient time to change the SCSBDlF now and still meet the required timeline for this project, staff will return in the future with an amendment to the SCSBDIF to accomplish that action. FISCAL IMPACT: $600,000 has been appropriated to CIP account SW210 - Salt Creek SewerlSDGE pipeline from the Trunk Sewer Capital Reserve Fund. An additional appropriation of $280,000 needs to be appropriated from that fund. Insufficient funds are currently available in the SCSBDlF to construct this project at this time. If the City constructed the pipeline at a later time when the line is needed and funds are available in the SCSBDIF, it is estimated that the costs could be considerably higher because of conflicts with the gas line requiring extensive shoring or dealing with enviromnewntal mitigation problems if a different aligmnent had to be found to avoid those construction impacts. The Trunk Sewer Capital Reserve Fund has a balance of approximately $8 million in anticipation of the need to construct major regional facilities. The total of $880,000 required for this project will not jeopardize the construction of those future facilities. Attachments: Exhibit A - Addendum to Negative Declaration (IS-94-24) dated April 2, 1996 Exhibit B - Salt Creek Sewer Mitigation site map m:\home\engineer\agenda\ scswr3.cls. File No. 0735-1O-SW21O 2.5 ';/~.r )/-6 . '. RESOLUTION NO. 19'~4-f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING ADDITIONAL FUNDS FOR THE CONSTRUCTION OF A PORTION OF THE SALT CREEK LINE, ADOPTING THE NEGATIVE DECLARATION AND AUTHORIZING THE PURCHASE OF MITIGATION PROPERTY WHEREAS, on February 13, 1996 the City Council approved an appropriation of sewer funds for the construction of a portion of the Salt Creek Sewer Trunk line which lies within the same proposed easement as SDG&E's pipeline 2000 project high pressure gas line; and WHEREAS, on February 27, 1996, the Council approved a Joint Use Agreement and a Joint Construction Agreement with SDG&E for the joint use of an easement in Salt Creek and construction of the sewer line by SDG&E as part of their gas line project; and WHEREAS, SDG&E has complete the construction, appropriated; and received the bids and, in order to additional funds need to be WHEREAS, in addition, the Addendum to the Negative Declaration needs to be adopted and authorization needs to be obtained to purchase mitigation property in cooperation with The Environmental Trust. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby appropriate an additional $280,000 to Project SW210 Salt Creek Sewer/SDG&E Pipeline from the available balance of Sewer Fund No. 222 - Trunk Sewer Capital Reserve Fund. BE IT FURTHER RESOLVED that the City Council does hereby approved the negative declaration and addendum and authorizes the purchase of mitigation property to offset the loss of coastal sage habitat. Presented by John P. Lippitt, Director of Public Works C:\rs\SCswr3 ,,1/-7 ~02/ ADDENDUM TO NEGATIVE DF("I.A1tATlON (lS-M-24) APRIL 2. 1996 PROJECT NAME: PROJECl' LOCATION: Salt Creek Sewer PROJECl' APPLICANT: Within Salt Cleek SolIdI ollbe ~III,... of east 0aDp Ave. and DOrth of tile OII.y VaUey '!be City of Chula VISta CASE NO.: I. INTRODUCTION IS-94-24 The California Environmental Quality Act (CEQA). tile CEQA GulMline$ ant the Environmental Review procedures of the City of Chula Vista provide that where a Neptive Declaration has been prepared DO additional Negative n-lllraUon need be prepared UDless: 1. Substantial changes are proposed in the project wbich will mquiJe major revisions of the previous Negative Declaration due to the involvement of Dew Ji&nificant environmental effects or a substantial increase in the severity of previously ~tified 1i&J'lfi......t effects; 2. Substantial changes occur with zapect to the c:irmm-DCeI under which die project is undertaken, which will require master revisiOl1l of die previous Neptive n-1.raUon due to the involvement of Dew lipificant envUnnmMtaJ effects or . substantial increase in the severity of previously identified ttI&J'lfiC-ftt effects; or 3. New information of substantial impoltance to die project becomes aY"1I.h1e, and (A) The information was not known and could not bPe been blown with die aercise of IeUODIble cIele&ence at die time die NepIive DecIuation was iIOOpt""'. and (B) The new information Ibows lOy of die foIlowina: 1. '!be project will have oae OJ' _ -ip1fitoMlt effects not Ai.......... in the previous DCptive dec:IIzation; 2. Sipificant dfects pMViously _.",ltwl will be substantially men severe than shown in die Deptive decJuation; ~/- R-I .---- - 3. Mitigation masures or I1temativa previously found not 1ID be feasible would in fact be fN.;h1e and would lUb-nri,!l1y reduce oae or more aipificant effects of the project; or 4. Mitiption masures or I1temativa which are CO"Jitlombly difference from diose in the ueptive decIuatioD wbidI would IUbltlntially reduce oae or more aipificant effects on the eaWaameat. The City of Cbula Vista is preparina this ~ to ~ Neptive Declaration becallle: 1. Noae of the conditions "-'""bed above ....m'" for preparation of a IUbsequent Neptive Declaration have oc:eumd; 2. Only minor technical cbanges or Idditions are "<<~I"'Y to make the Neptive Declaration under consideration adequate under CEQA; and 3. The cbanges to the Neptive Declaration mIde by the addendum do not raise important new issues about the significant effects on the environment. An addendum need not be circulated for public review but can be included in or attached to the Negative Declaration. The decision-making body shall consider the addendum with the Neptive Declaration prior to making a decision on the project. n. PROJECT DFSCRIPI'lON The San Diego Gu Ie. Electric (SDG&E) Pipeline 2000 project includes the construction of an underaround 36-inch diameter natural ps transmission pipeline wbich traverses approximately 6.S miles in the southern portion of San Diego County bc:t\..<<:n the 1':...tl..b rquJator atation lOuth of Otay Lakes RaId and the Harvest rquJator atation near the intcnection of harvest Road and Otay Mea RaId. The ri&ht-of-way for the pipeline c:onstruction will be 100 feet acept in areas of bioJolical senaitivity in Salt Creek and O'Neal Canyons, wbcre the ri&ht-of-way corridor will be 40 feet. Construction activities will CO".;d of dialinl a trench, wddinl pipe IectionJ loJedIcr. iii-mill the pipe in the tIeIICh. and ....1rfImfll. The dimensions of the trench are eri.-1poted to raqe from 7.5 to 10.0 feet in depth and 5.0 to 6.0 feet in width. .) /- A - a . A IeWel'line has been pJarmed, for . number of years, 10 be ......Hod IkIa& tile access rOId which nms the length of Salt Creek. Ita pmpose 11 to _Ibe residential deYe1apmeDt of the yet-fo-be..(' 1Jo..1truCted OIay Ranch Vil1a&es, RutT ..b j Salt Creek RaIIch IDd 0Cber ja~ in eutem Cbula Villa. 1be 24- inch cfiameIer IeWerline it j).c.poted to be Ioc:ated within IppfCo.i_~1y tile lime corridor u tile SDG&E pjyJine 2000 &lon, Salt Creek. The p.~ IeWedine 11 ftICrle!ed 10 Ibe Salt Creek ana, ad tIIus does DOt impact areas in Ibe vicinity of tile OIay River, O'Neal CIIIycm, .. JGbnJon Canyon. The c:onstruction 1e('hniqlJeS IDd time frame would be Ibe lime U for Ibe "'_Jlt 01 Pipdine 2000 ......t~ in Salt Creek. PJacin& both pipeoJines within tile lime tIIIIch, MI1 tMo~ tile IeWerline may DOt be used for IOIIIe time, would reduce the impacts to Irio1oJical raourcea to. minimum. m. PROJECT bJ:;ll1NG The project site is within Salt Creek portion of the OIay Ranch va mve to tile west of the Lower Otay Lake Reservoir and to tile soutllwest of tile Olympic Training Center. Ibe cenenI area 11 designated as part of tile Otay Ranch preserve and designated U . 90" p1 f"YC area in the Cbula Vista recommendation on tile Draft Multiple Species Conservation Program (MSCP). The area involves Coastal Sage Scrub (CSS) habitat which includes COIWlI California JI"t....tt'Jter territory. There is also wetland and riparian habitat at tile lower elevations of Salt Creek. The Salt Cleek area is part of tile Chula Vista Greenbelt which it in~ to provide a system of continuous 28 mile trail, open space and park link around the City. The assure continuous ICCesS for maintenance and security tile trail is envisioned as a paved IUrfIce wide eIIOUJh for use by vehicles in addition to recreational activities. IV. PROJECT IMPACTS The aewerIine corridor usea the ame aliinment for tbe ....mhM CIOIIina at tile Pipeline 2000. It also uses the same alignment for crossin, tributaries to Salt Creek. TIle IpUJ' IeMdine that ~s west from the IeWerline a crossin, of Salt Creek that it incremental to tile wetland impacts raultin, from pipeliDe 2000. The incremental impacts to wetlIDd IDd ri.p-..u.n blbitat amount to 0.01 acres. The construction of Ibe ICWerIine would result in Ibe h.w_~.-'ft..1 1...,- to CSS in two areas. The amount of Idditional babitat impacted by tbe IeWedine elpUJ'e is 0.05 acres of CSS. TIle amount of additional habitat impacted by the IeWerline it 0.49 acres 01 CSS. 1be IIOtal amount .Mitinml1 babitat impacted by the construction of tile Salt Creek IeWerline is 0.54 acres. Pec-1.I1t tile additional areas impacted are linear and narrow strips of habitat aloni tbe mdt'll rOId IDd proposed SDGe corridor, ,5?/-A-3 DO impacts to the California rtt'JItt'.N.r are anticipttl!d. ......... ibe CDIIItI'Udion for ibe eewerline would \lie tile DIlle c:oastructioft _hniquea and timi., 110 ''''P'''"" to bJeeding pIIICItChen are ca~. Coordinatin& tile c:oastructioft of tile SIlt Creek IeWediDe wiJh tile SDGU Pipeline 2000 to \lie the ame .111"-t and ame timiD& rau1tI in tile ovenJlnnfthni_tiftft of In.)*)tI to the CSS Mhitst aDd Ca1ilomIa .,..t........... ka~ in SIlt Creek. By usIq tile ame ,.,~-t, the constnICdaD of the IeWediDe does DOt require an additioaal permit fIOm tile ~ba...ut of tile Army, CoJpI 01 EJI&ineen (NadoDwkIe Permit). v. MI11GA110N The City will mitipte the impact to O.S4 acres of CSS through the qnllition of alike amount of CSS, decliC'ltiQft U part of the MSCP 1'1] Tr"ve area aDd pIOVidiD& for mainlellanCe in petpetuity of the Plopeat)'. Details reprding this mitiption will be provided with the cumption from tile 4(d) rule process and will be subject to approve by the City of Chula Vuta, the u.s. FISh and W"JJdlife Service and the California Dept. of Fish and Game. VI. CONCLUSION The project will result in non-significant impacts that are minor in nature aDd can be fully mitipted. These are minor technical changes that do DOt raise any important DeW issues regarding lipiticant environmental affects. Given the amount of bioloJical elm that bas been available over time for the update of the Chula Vista General plan and the Otay Ranch project reprding the type aDd quality of habitat present this does not constitute new information. Tberefote, pursuant to Section 15164 of the State CEQA Ouideli-- aDd based upon the above discussion, I bereby find that tile revisions to the J'I.....-d project will rault in only minor ~it'JIl changes or ~ititwl. and that the previously prepared Neptive DecImIioD adequate is UDder CEQA. ~ ~~~ ENVIRO . AL REVIEW COORDINATOR , 0/- ,Q-4 REFERENCES . The Chula Vista General Plan (1989) The Chula Vista Genera Plan Update EnviJOnmental ''''P''ct Report (EIR-88-2) Title 19 of the Chula Vista MUDicipal Code City of Chula Vista Environmental Review Proc:edures Salt Creek Basin Gravity Sewer IDitial StudylNeptiw DecIIratioo . .:-.-..-:101.... c (- .::{/- R-5 , ,~ MlMORANDVM To Prom Date Il6 : .Doua Reid, City of QuIa V. .a>>m ADiIa Hayworth, ~" !It &"'"0"1.,... PcbIIwy 29, 1996 PIpdbt, 2<<JO l1li4 s.II o.d: s.wrlbu CoOl.,,," The San Diego Gu A PJcctric (SDG&:E) Pipelille 2000 project -"od- !be CXIIIIUUCtion of an underground 3~iDch diameter DIIUrIl pi tp......l..ion pipeliDe which travenea approximately 6.S miles in the IOUtbern portion of San I>ieao Coway b.:t..~ the Eastlake 1'eJUlltor _lion IIOU1h of OIay LaIces Road IIId die Harvest rquJator IIation IIW' the intmection of Harvest Road aDd Otay Mesa Road <Figure 1). Tbe ript-of-way for tbc pipeline COdfIttuction will be 100 feet except in areu of biolop:al leIIIitivtty AD Salt Creek IDd O'Neal Canyons, where the right-of-way corridor will be 040 feet. CoastnIc:tion activities '. wUl consisc of diaJinll CI'CDCh, weldiDg pipe ICWons toptber, insDIlioa tbc pipe in the treIICb. IDd backf'1lling. The dimenlions of tile trench are andcipated to IIDF from 7.5 to 10.0 feet in depth IDd S.O 10 6.0 feet in width. . SDG&E is buildiDa Cbe Pipeline 2000 project in cmScr to ",."nm... to provide reliable Datural pi aervkc to ita c:ust.omerS. Currently, tbc au presAreS iD die IO"~ aDd c:utem portions of tbcir diltribution ayIIan drop to ~le 1evelI duriD& cold wimer days. The constrUCtion of I 3~inI:.h di._ DItura1 ps 1P_lodftn pIpe1illl! wiJ1ll1ow SDGAE to provide a hiab-pressure, 1arJe-capacily supply of DI&III'II pi to ~ Cbeir eDr111g and future Otay Mesa CUJtoID(rs. Reliability of natural pi eervice wW be ........"".l1y improved over die k&ncc cummly provided by ID ~ l~aa Aioo- tu wll-lar~-1 in Otay Mesa ROI4. A InoCI&5 has bccD 1"--', for a -'- of ycan, to be lot'" "led aIoaa die ICCCII laid whIocb MIS die IeD&1h of Salt Creek. III pIIpoIt is to ~ tile r..~..I.1 dewlopmeat of die yet. to be~ Otay IWx:h Vw.,a IIoa& tile --~-...1Ide of die Otay Valley Pucc1. 'Ibe 24-iDch dbn ~ eewcrIiDe is pI~ to be Ie----" wIddII ~QIo.i.. ....Iy die IIIIIC ripI.-of-way . the &I)G.to1l ,.,..Ii_ DJO IIId b"_IWIMla.-""'Y 4000 fIet of Cbe corridor aIoaC Salt Creek. 'I11e "'~~ ___lidt It .-rlc:lld to die Salt Oect area, aad em doeIlIOt ~ areal iD tbc vicinity of die 0Iay River, O'Neal CDyoa.. ar ""'-;m Canyon. TIle IeWCI'liDe waakI be placed below tbe ~aa ,,~ pal. within die lime traICh. Tbe COIIIIrUCtioD ....hniqua and time frame woaId be die same as for lilt qment of Plprli~ 2000 lorfted In Salt Crr.et. PIIciDa boCb p1podn- wIdIiD die IIIIIC 1rCIICb. CVIIl . tboup tile eewaIiDe may DOt be !lied for IOIIIe time, woa14 teIhIce die il'4~ II to bioqical IeIOI1I'CCI to . ,,"mmllm. ~~)- A -tp ~I"'T~ ID ~ I.~.~ GI:.. DOl )oIooLt Potential ~ to riplriaftlwet1mS baIriw, coasta1saaelClUb (CSS),1he least BeU', vireo (\ireo beWi pIISillIu) mI cbe Ca1ifonlia rlr)afdw (PoliqJII/Il ~ Mli/DmIaI) were lIIII1yzcd for die SDG&E ...,.,Ii_ 2000 project. h was ................ by cbe U.S. Fish IDI1 . Wildlife Service (Service) tbat JIO direct ~ to cbe vireo ~ occur _ to cbe timing of conatnJCtioa IdiviIies (Auaust llIIroQp March 14) tD be c-,I>>~ cbe ~t.., ICaIOD of die vireo. The~ of 1.7 ICIa of Jow-quality ripIriII1 !IIbitat woaId be mcactated olllite in combiDation witb pardIue of offaite Dative babitat It. 1:1 ratio. 'Ole PVlmc 2000 CODSttuction will rault ill the dbturbaDce of 2.8 ICIa of as, wbIch pmvldes a portion of tile babitat for two pIin of pltr-"trber. The itiiraarbucc Ira wiI1 be I'&\..e""~ IIpOD completion of tile project resu1tiD& ill ~ in,p-tc _i." 10 O.IICre. h was concluded that indirect impaC1s such IS DOise aeneraIed by tile COIIIIJUCtion of die project are DOt anticipated to affect r~."'~ Idvcnc1y. Other "....1IIIeS 10 be q'--'t.... to minimize or 'on.cpeilSlte for impaC1s 10 tile patcatchcr mI its babitat iDcbrdC' tile l'CItriction of brush clearing IDI1 gradiDg ICtivitics to a period outside Ihe .,.....-- br-ti'lg ICaIOn, defiDed as February 15 to August 15, IDI1 acqaiaition of 1.8 acres of as babitat offlite (1: 1 ratio). An altemative to the above mitiption ""","'-es Iw been COIIC1vded tD be ICCeptable by the Service and includes reducing Ihc current OOlite reItOI'ation efforts IDI1 directing the lavings to investing in habitat acquisition aDd prelUVation WIlder die SDG&E Sub-Re.ional NCCP. In addition to the BiolOJic:a! Opinion issued by die Service pw1IWIt to scc:don 7 of the ~nd.'lgered Species Act of 1973, as amended, SOOAE received I NatioDWide Permit from the Department of tbe Army, Corps of Enainem mI a Section 1601 Streambed Alteration Aereement for the Pipeline 2000 project. The pcnnits iDc1ude activitieI w....... In SaIl Creek (three crossings), Otay River, and JoImIoo Canyon Creek. The incremental impacu of tile Salt Creek ltWerliae coDSaUCdoD to !be P\po'lw 2000 coDltruction impacts were lIIII1yzed by Allita Hayworth, Dudek .t: Astociares. The current ali&Dment IDI1 aradiDa plaDs (dated February 27, 1996) of Ibe ewertine conidor were supt. ib..yosed on die P~Ii~ 2000 corridor. Areas of tile eewerIine COIIItrIICtiaD corridor that falJ outaidc of cbe Pipeline 2000 corridor were mapped tor "'I~ 'I1ae were oollSidered to be the j~~~i-^,..I ~ of tbe c.uo.u...au.. of tbe Salt Cleek wwerIiDe. The ~ corridor 1l1l:I die IIJIIe an....~ for &be .......t-t c:rouiD& ~...... b<<ween ......""1... IS 1DI116. h also 1IICI die lime .ICI\I.- tor Q'OIIq tribuIIries to Salt CreeIc. 'Ole IpW' Ie'Ir'edine tbat exteDds west from IDIIIhole 3 FIr1'''eI . CI'OIIiD& of Salt Creek that illr.c.~1 tD !be edaDd ~ I'eIUJdDa from Pipclb 2000. tile iac..~.....1 ~ctS tD .-...... mI riparian babitat aount tD 0.01 1CIa. 1be COIIItrUCdor1 of tile aewerIiDe wouJ4 remit ill the inc.......4111 ~ to CSS in two areas. The amOI11It of additioIIII habitat ~ by tbe eewertiDe 'spur' II 0.05 acres of as. 1be ......... of additioaa1 babitat i...(~ by tile lnerllne (bet'4 f11......tan\es 4 IDI1 6) is 0.49 acres of CSS. TIle ICtal --- .....;nnn.1 ....... "Teta! by die OOIIIItIlICtion of die Salt CRet aewatiDe is 0.54 1CIa. . ..,- cbe ..tfflti.wl areas ~ lie linear and IIIn'OW strip, of babhat alq tile ",,1..1.., mad IDI1 PfI1l"-' SDG.t:E corridor, 110 impacts to &be CaliforDia v-ucber are 1IIIic~. BecaUIe tile CCIIIIUUCIicm tor &be I8WeI'IiDe would ~ (JJ- ~-L - ., ", lilt the same COIIItnIction -....iqIJes aDd timiDa. lID in1paCII to br-'"" r--u:bm IJ'C expected. CoordinatiD& the CODItrUCtion of tile Salt Creek IeWCrIine with die SDGa:E Ptpo-Iw 2000 to 1IIt de same alil~d.-=ui aDd IIIDI timJDa resuJu iD cbe ovaaIt .......:...!__ltftQ of..."..-.. 10 1bc CSS habitat n4 Califomia pa:aldlm ...... in Salt Cnet. By 1IIID& lie I11III: .1i.1"'~II1. tile CODIUUCtioD of tile awed_ does 80t require ID .....iMaa1 penDit 6aa Ibe DepInmeut of the Ju:my. CoIps of J;~-eD (N1ticmwide Pemai1). A ~ .~ permit for tile 0.01 acre ...".... to pt'."'" may be nquired from die Ca1ifomIa D-.....~ of FiIh IDeS Game. ' . f . :), {-- ~ - ~ "/"'d S3.Lt:flJOSS1:j , >OaJ'1Q Wd1i11:Ee 96. 1>0 ~ .. ;. ~/ ._._----,--~---" negative declaration PROJEer NAME: Salt Creek Gravity Basin Sewer ADaJysis PROJECT LOCATION: Salt Creek Basin (West of die Otay Lake Reservoirs aDd along die Otay River Valley) aDd portiODS of die Otay Lake Basin. ASSESSOR'S PARCEL NO.: Parcels in Assessors Parcel Books: 595, 624, 643, 644, aDd 645 CASE NO: IS-94-24 City of Cbula Vista - EDginecring Department DATE: J~ 29, 1994 PROJECT APPLICANT: A, Proiect Settinl! The project setting is the Salt Creck and Otay Lake Drainage Basins, which arc located west of the Otay Lake Reservoirs, along the Otay River Valley within die City of Chula Vista's General planning Area and the Proctor Valley Drainage Basin. B. Proiect Descrintion The project is the determination of die ultimate size of die Salt Creek Iatcrccptor based on projected peak flows and the creation of a Benefit Area Fcc to ftmd c:onstruction of the interceptor. The study area of the Analysis includes five "ptupo;.ties" Iotated within the Salt Creek Basin aDd portions of die Otay Lake Basin. Flows from J:J".tT ...... and portions of Salt Creek Ranch and Otay Ranch arc tributary to die Salt Creek Basin. These flows will be P'1ftIP"" iDto die Telegraph Clnyon Sewer Basin IIIdil fIciIities are available in die Salt Creek Basin. The TclCJI'&Ph Clnyon PtIftlP"" Flow Report provides for the c:onstruction of interim facilities in die Tclcgraph Clnyon 1yIIaD. Flows from Hidden Valley Estates, adjacent pfopcrtics aDd portions of Salt Creek Ranch aDd Otay Ranch arc located within die Otay Lake Basin. Since die Otay Lake Basin drains Daturally imo the Upper Otay Reservoir, dcvclUywent within 1hia buin will nquirc the pcnnancnt pumping of leWqe imo die Salt Creek Basin. The Salt r-"1Uc;n GravitY'Sewer AntI\ysis was JRPUed by WiIIoD ~j""fling for the Baldwin Company to ret(RUn..."" ICWCI' hut-.o.ea"".I~ --'Y to convey leWage flows from tJ1e Salt Creek Basin to existing or proposed dOv....b......1eWCrqC facilities. The Analysis recommends the c:onstruction of die Salt Creek IDtcn:cptor in die Salt Creek Basin aDd Otay River Valley to traDsport IeWIIC flow from tbeIc dcvcl~'''- doWDStrCllD tpnani",,\on aDd u-~ ficil;,w., Since tbere arc DO exi.m,g~ City ofChula Vista facilities capab~f~dIe~W~3:: ~~~~ . _............m... .aute. .u,...., 0tlIA ~ ' ~ . ;</-It1 './ facilities were considered: 1) Construction of a new Otay Valley Water Reclamation Plant, 2) Construction of an Idditional trunk sewer which would div.N1'JC to the existing Metro interceptor located adjacent to Interstate 5, or 3) Connection to the City of San Diego's Otay Valley Tnmk Sewer Prison Line. TIle feasibility of Options 2 and 3 would depend on the availability of capacity in the Metro mlceptor. Reach 9 will not be needed if the Otay Valley Water Recl.....rinu fEility is COIIIttUCted or if Reach 8 can be CO..I~ted to the City of SaD Diego's Otay Valley Trunk SewerlPrison Line. Since Reach 9 is a rqional facility which would probably receive flows from other basins, it is m''''''.............. that its CODItIuction be fi......"'eIJ duough the regular Chula Vista sewer capacity fees rather dIaD by this DIP. The Analysis assumes that the interceptor constrUCtion ~lChtt 1 tbrou&h 8) will be (;........ed through the ~~ of a Dcvelopmem ,~ Fcc (DIP) payable by all developers located in the benefit fee area (Exlubits 1 and 2). The method recommended for the determination of cost per EDU follows. The cost per EDU wu calculated based on the total ultimate number of EDU's requiring sewer ICI'Vice in the Otay Lake and Salt Creek Basins. Under this method all ploperties contribute the same fee per EDU regardless of where their flows enter the Salt Creek Interceptor. Since all developwems would be provided with the same service, it is equitable- for all deve10pmems to be charged at the same rate. The DIF fee has been calculated to be $240 per EDU to be consistent with the definition of an EDU provided in the Telegraph Canyon Sewer Pu"'P"" Flows DIP u shown in Exhibit 3. This fee would be payable at the time that building permits arc issued and would be in addition to the existing sewer capacity charge of $2,220 per EDU. . The fee .', will be adjusted annllal1y to reflect the varying cost of construction and inflation and to reflect any cbanges in proposed development within the basin. The size of the interceptor wu dctennincd to be 36" for Reaches ~9, 30" in Reach 5, 21" in Reaches 3 and 4, and 18" in Reach 2 and IS" in Reach 1. Several developments and/or parcels in the Otay Lake Basin arc within the unincorporated portion of the County of San Diego. These parcels would be potentially affected by the construction of the Salt Creek Interceptor, since it would be the only sewer ICI'Vice in the area. If these parcels were to be developed, sewer connection would probably be required and annexation to the City of Chula Vista may or may not be feasible at the time sewer ICI'Vice is needed. It is ploposcd that an ~ between the County of SaD Diego and the City also be prepared prior to construction of the Salt Creek IDten:eptor in order to resolve annexation and sewer capacity iuues. Additional CDYiluuweatal review will be required when the exact location of the sewer interceptor has been determined. TIle discretionary action auociatcd with this item is the adoption of an orrI;na~ 18 determine the boundary of and establish the Salt Creek Basin Dcve1~ Impact Fee to pay for sewer improvemettts within the Salt Creek Sewer Basin. ~ .:IICII,ND :1,1 ~ A - 10 Pile 2 ----.------ C. Comnatibilitv with 7nnino ..tvt P1.n~ .. Reaches 3-8 are within the Otay RaDch. The enactment of a district to collect fees is in compliance with the goal cstablisbed in Pan n, Chapter S of tile Otay RaDch General Development Plan to "provide a bealthfuI and sanitary JleWel'lie col1cction and disposal aystem for the residents of Otay Ranch and the region. . Reaches 1,2 and 9 are within the City ofCbula Vista City BouDdaries. The -............ of a district to collect fees is in compliance with 5.2 of the Public Facilities Element of the General Plan. Objective 4 states, "Costs of impro\-..wems wbich Ire ~"ry to serve DeW development, IUCh as exteDSions of service and pump faci1itics, IbalI be fi"''''''ed by the developer. This policy docs DOt preclude tile use of Ullt.~ districts or similai meclulni!m1~ to finance improvements. " D. Identification of Environrnl'!ntal Effects An initial study conducted by the City of Chula Vista (including the attached Environmental Checklist Form) determined that the p.upOSCd project will DOt have a significant environmental effect, and the preparation of an EDvironn.....tAllmpact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. E. Consultation 1. Individuals and Or2::1ni7~tions City of Chula Vista: Barbara Reid, PlAnning Roger Daoust, EDgioecring Cliff Swanson, EDgioecring Hal Rosenberg, EDgincCring Bob Sennett, plAnning Ken Larsen, Director of Building &. Housing Carol Gove, Fire Marshal Crime Prevention, MaryJaoe Diosdada Marty Schmidt, Parks &. Recreation Dcpt. Rich Rudolf, Assistant City Attorney Chula Vista City School District: Kate Sburson SweetWater Union High School District: Tom Silva Applicant's Agent: City of ChuIa Vista, Engineering Dcpa.lWo:nt 2. Documents Chula Vista GcneraI Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code .:\SCI.ND ;},/ - A -II ....c3 , Otay Ranch Geueral Development P1aDI0tay Subregional Plan, 1993 Otay Ranch Genera1 Development Plan FiDal Program EIR. 1992 3. Initial Studv This enviromnental determination is based on die ~1"'"' IDitiaI Study, any ~ received on the IDitial Study aDd any t--....~I.I. received duriD& the public review period for 1his Negative Declaration. 'Ibe report reflects die iDdepeDdent judgment of the City of Cbula Vista. Purtber iDformation reprding the environmental review of 1his project is availIble from the CbuJa Vista plannillg Department, 276 Fourth AvemJe, CIIJ1a Vista, CA 91910. ~':JfIt /J~) ENVIRONMENTAL RE COORD ATOR EN 6 (Rev. 5/93) .:ISCI.ND ~/- A-I~ ....e 4 Cue No. 1S-t4-24 ENVIRONMENTAL CHECKLIST FORM 1. Name of PropoDellt: City of Chula VJIta . ~-m, ~ 2. Lead AaeacY Name ad Addna: City of ClluIa VIata 276 Fourtb A__ ClluIa VJIta. CA 91910 3. AddrfG ad PboDe Number of Prop 0 ..at: 276 Fourtb AYeIIIIe, CIIuIa Villa ... Name of Proposal: Salt Creek Gravity JIuID AIIIIysu 5. Date of 0Ieddist: JUDe 20, 1994 - - - -- - -- - lie - - - - I. LAND USE AND PLANNING. Would the proposal: a) CoDflict with ,eneraJ plan delipatioD or [] [] [] B IODiDe? b) CoDflict with applicable eaviroDlDenta1 pIaDs or [] [] [] B policies adopted by apDCies with jurisdictiOD over the project? c) Affoct qricu1tural resources or opamons (e.,., [] [] [] B Impacll to lOiII or farm1aDds, or ""p-'< from iDoompalible Iud _)? d) Dimtpt or divide the pbysical mapmeaI of aD [] [] [] B eltabliJhed commUDity (UIC1udiq a 1ow-iDcome or miDority community)? ('_ ......t.: 1bi1 propoaa1 does DOt I'IIUIt Ia ahenIioD of t'" I IF or pI_....t Iud _. 'I1Ie propoaa1 II a ftIIUIt of pm'i0Ul aOD to eltabliJh ~., and odaec !aDd _ Ia a previouIIy --eel area. IL POPULATION AND HOUSING. WCIIIId the propo6a1: a) Cumulatively exceed otficiaI JIII!oIIaI or local popuIatiOD projections? b) IDduce IUbitaDtial po....th Ia aD area either directly or iDcIirectIy (e.,., throup projecllla aD 1IIJIIeveIoped .. or ateJJlioD of major iaftutnIcIure)? [] [] [] B [] [] [] B ~J..tl:J3 Pap' tM:..,\IIOII~." ""'- - - -- ...... - - .. .... ........ .... .... c) DispWce -iot;".IIouiD&. .-pecillly IIf'fonWIle D D D III Ito-I.;~? c--ts: 'DIe requIr=eat for paymeut of ID m.p.ct fee by deveIopcn of Iud wIdaiII tile City will _ a1ter die IocItioD. diItributioD. deuity. or powtII nde of die p"p"'I00tU.ior anile a ~ ..A for IIddiIioIlll -.I", but will ..ut iD tile -!tip"- of .,,~ ...1 J ..... t'- m. GEOPHYSICAL. WIHIld rite prtIIJOMl NRlt 111 or ClqltMe p<<JpIe to ptJUllJiGl1IIpIcu 1111IOIviIIt: a) UaItabIe -'II ~ or ..-..... iD pololic D D C II ~? II) DiInptioDl, di.p~ .aftlUl!llltc. [ ~~~~ or D D D III cmrcoveriDl of die 1Oi1? c) CbaDce iD lDpO,.y or pouad I1IrliIce relief C D D III r.tures? d) The demuctiOD, ooveriq or mocIificmoD of IDY D D D II IlDique polocic or physical feaIures? e) AI1y iDcreue iD wiDd or water _ioD of 10m. D C D III either OD or off tbe lite? f) CbaDces iD depositioD or erosiOD of be8ch saads, D D D III or dwales iD 1iliati0D. depositioD or erosioD which may modify tbe "".,,_1 of a river or ItnIIIII or the bed of tbe _ or IDY bey iDIet or 1Ke? I) &po5UI'C of people or 1"()jM1y to polocic D D D III Iauards IIIcII u eanhquak5, ludalides. mud 1Iides. pouad failure. or Iimi1u 1Iuards? C-_Is: 'DIe ellablisbmeal of Salt Creek JIuiD DeveIopmeat ImpICt Fee to flUId -- Improvemeats witbiD tbe Salt Creek aDd Otay I1aiDs is a Jeci"mvc act aDd . IIIdI will llavc DO Iml** OD die eanh. Oace developmeat pIIDa llavc beea IIIbmItted aDd alplCific IocItIoD for tbe iDterceptor ideatified, eaviroDmeataJ aIIIIysil ofdle impll:l of die 00IIItnICti0D aDd plKlllleat oftbe IoAoceptor will be UDCIertakea. IV. WATER. WIHIld rite prtJIIOMl _MIl 111: a) Qaups iD IbeorpdoD ...... ..... patterDI. or tile nte aDd .-OUDt of...rr- ruofrl II) II1qI-II'C of peop1e or l"'urWtY to water IIIIted ~ IIIdI . -", or IidII waves? c) I)I-Ioo~ _ .mce .... or DIller a1tentioD of _r..... water quality (e.I..lllllpenIIIre. diIIolved OIYI'II or tud)idity)? d) c::u..,c. iD die _01IIII of IIIUface water iD aay water body? c D c III c c c III c D D II D c D III WIle M:WIOMI\IUJOID4iCNMI." .;ql- 8 -14 .... 2 - - ...... a.._ ...... - ...... No - - - - e) Cbanps ill cuneutI. or die coune of directiOD C C C B 01_ movemeDl5. ill eitbcr IIIIriDe or freIh WIIers? . f) Cbanp ill die quutity of poUDd ...... eilber C C C II aroup direct IllditioDl or witbdrawllJ, or tIuoqb iDtercepIioD of In IIqIIifer by CUll or _wtioDl? c> AJtend directiOD or nte of flow of C C C ID pouadwller? h) l1li1** to ~ quality? C C C II i) Alterations to die coune or flow of flood C C C ID WIIers? j) Substantial reductiOD in the IDIOunt of water C C C ID otherwise available for public _ aupplies? Comments: M die project does DOt include JI1IdiD, or recoDStl'llCtioD. dI_ wID be DO Imp-'" to water. V. AIR QUALITY. Woll1d the proposal: a) Violate aDY air quality staDdard or coDtribute to C C C B aD existiDg or projected air qualjty violation? b) Expose sensitive receptors to poUUt&Dts? C C C II c) Alter air movement. moisture. or temperature. C C C II or cause aDY cbaD,e in climate. eilber locally or reJionally? d) Create objectionable odors? C C C II e) Create a substantial increase in lIatioaary or C C C II IIOn-statioaary lOurces of air emillioDl or die deteriOratiOD of ambieDt air quality? Comments: M Ibe project doeI DOt include JI1IdiDI or ncolllU\lctioD. Ibere wID be DO I"V""" to air. VI. TRANSPORTATION/CIRCULATION. WOfIld 1M proposal nsldl in: a) LA I --i wbicle trips or ttaftic 00-... Ii.)n? C C C ID b) Hazards to afety from _ill' fDatIaN (e.,., C C C ID Ibarp curvs or daDprous iDtcnectioDI) or iDcompatible _ (e.,., farm equipment)? c) lDadequate emerpDCY __ or __ to -'>>Y C C C II _? d) 1llluf'licieDt pukiq cap8City OD-site or off-tite? C C C II ;,J,/ - R-15 wtC":\IIOM~.04 Pop 3 f) CoIIfIicll wi1IIldopted policiel -wvtIiDa a1terDative traIIIportatiOD (e.,. bus tarDouts. bicycle neb)? &) Rail. MIeIbome or air traffic nov-? - - ...... -- ...... -- ...... 110 ..... ....... ..... ~ C C C . C C C . . e) Hazards or burien for .........iaaI or bicydiIIa? c c c . b) A".. project" uder tile CoqeIIiOD C C C . MaDqemeDt Proar-? (All equiVllem of2AOO or more avenae daily wilicle UipI or 200 or more peak-hour vehicle trip'.) o--ts: No tnftic will be paented . a -'t of tile _I.J:'" W oftbla ocdl-" e. ~..y 1nffic impacts will reIIIh from the CODItrUCIioD of tile project I11III ~ will be ualyzecI . tile time developmCZlt plans have been received. VD. BIOLOGICAL RESOURCES. Would die proposal re.sull in impacts to: a) EDdan,ered. lCIISitive species. species of C C C . CODcern or species that are candidales for listin,? b) Locally desiJD&led species (e.,., beritaJe trees)? C C C . c) Locally desi,D&Ied uaturaI communities (e.,. oaIc C C C . forest. coastal habitat, etc.)? d) Weiland babitat (e.,.. marsh. riparian aad venW C C C . pool)? e) Wildlife dispersal or miJraliOD oorridon? C C C . f) Affect re,ionaJ babitat preserVation pI_nni", C C C . efforts? Comments: There is DO impact to plant or uimallife . the project II the adopCioD of aD ordI"'~, Analysis of impacts to plant aad uimallife will be aarried GIlt ... ~- ... IIaw been IUbmitted aad a lpeclfic \ocaIIOD of the .....oeptor ciIIII'IaIned. VDI. ENERGY AND MINERAL RESOURCES. WDtIld die proposal: a) CoDf\ict with Idopted -.y ~ plans? C C C . b) U. _-'>Ie _ ill a MItIIful and C C C . iDefficieDt IIWIIICf? c) If the lite Is delipated for miDera1 - C C C . protectiOD, will tills project impact tbIs protection? :J./ - A -llP 1fIICM:\IIOW~.'" .... 4 - - ....... ...- ....... - ....... .. - ........ - - C_-ts: The proposal wbich cIeIermiDeIthe .It;..._ Iize of the Salt Creek I,... ........., lIMed OD projecled flows, will DOt rault ill a iDcI'eue ill . ...,t upoD -.eIJY 1DUI'CCiI. - IX. HAZAVnc;:. WOMId 1M JII'fIIIDIIll Utwnve: a) A riIk of ~ IIIpIoaioD or __ of C C C . Uzardoaa IllbIIuceI (iIIdudiD&. but !lOt limited to: petroleum producIa, ~. elllllllnol. or ndiatioD)? b) 1'uaI'bIe iatco:C~_ wItb 811 -.-"'1 C C C . IWIpODIe pIaD or -.-"1 -- pIaD? c) The creatiOD of 8IIY ...th bazard or poIeIItiaI C C C B IaeaIth bazard? d) Exposure of people to exilliD,lOUI'CCS of C C C III poteDtial health bazards? e) IDcreued fire bazard ill areas with filmmable C C C B brush, Jl'Us. or trees? Comments: The creatiOD of a beDefit area free wID have DO Impact on COIIIIrIIdiOD. X. NOISE. Would the proposal resull in: a) IDcrease& ill exilliD, DOise levels? C C C B b) Exposure of people to severe DOi&e levels? C C C B Comments: No DOi&e or lipt wID result from the cnatiOD of a IleDefit Area FuIId to COIIItr\ICt the iD1=eptor. XI. PUBLIC SERVICES. WOMId the proposalllave l1li tdftc1 IIJ'O", or resull in " Med for _ or a1Jered lom-runetll stJl"llicu in /lIlY D/thefollowinl-: a) rU'e protection? C C C B b) PoJige proIeCIion? C C C ID c) Schools? C C C B d) tof.; . -~ of public &ciIitieI. ilK-JudI", C C C B roeds? c) 0Ihcr aovemmCDtalIKVice&? C C C B . Comments: No DeW JOverDJDeII\aIlKVice& wID be required u a NIUIt of thiI project. AI the time development plaDs are IIIbmitted, ualysil of the u..p-. to fire _Iicc&, poJige pjotecti.1n, 1Cbool&, pub,libraries, ma1DtcDaDce of public &I:iIit* &lid oIbet 10--- 1.1 _~ will be carried out. ,;{/- A-II WPC":\IIDM~,N "'5 XII. Tbnsbolds. Will 1M propo.sallldwndy ~ 1M Oty.s 'nwshold fl:M.J'D'ds t ~ ........ - C - ........ - .... C -- ........ - C lie - . . ,.. delcribed below, die plvpOted project "lICIt ......nely ..... ID)' of tile - nr.IIold SIaIIdanIs. I) FuelEMS C C C . 1be 11an:IboJd !Jt-.......ss nquireI tbat tire ad. -_1 1I11III ... be .... to oil; .. ~ to cda wItbiD 7 JDiIIuteI or ... ill .,,, of tile _ ad wIIIaiD 5 1 . or ... .. '75" of die _. 'I1Ie City ofCllula V.. _I.... .", tbat.... j;hld....." wDllIe met, aiDce die ~ fire IlltiOD II laDe _y ad -W be IT I'~ willi I S-.IIaDte nIpODIe time. 'I1Ie plOJIOIed project will -PY willi .. 'D..",A()Id .... to. d. Collllllellts: At the time clevelopmeat plans are 1IIbmitIed, iliff It the Fire ~ aw libel thai !bey be notified if IDY road c101U1'e1 or waIer maiD lbutdowDl are _'~I')'. b) Police c c c B The Threabold StIDdards require thai poUoe 1IIIits ..lilt o-a-OAd to 14" of PrIorIty 1 aaIJa withiD 7 miDUIe$ or leu and ....;_In ID avenae nIpODIe time to aD Priority 1 aaIJa of 4.5 miDUIe$ or less. Police Wlill ..lilt r-.poDd to 62.10" of Priority 2 cda wItbiD 7 miD\Jte6 or less and maiDlIiD ID lvera,e nIpOIIIe time to aD PriorIty 2 calls of 7 IIIiDuta or leis. The proposed project will oomply with this 11an:Ibo1d SII~.rd. Comments: NODe. c) Traffic c c c B 'I1Ie Threabold SIIDdards require tbat aD iDten I ctiona mlllt va-.... It I Level of Senice (LOS) .C" or betIer, wi!b the acepcion tbat Level of Service (LOS) "D. l1li)' occar cIuriDa the pea1c two boun of the day It ,",pi;""" iDIaIe!:liou. .... 1!:Iiou WIlt of 1-105 are nol to operate at a LOS below their 1987 LOS. No mtellleclioD IDlY NICh LOS "E. or "F" durio, the Iwrap week.y peaIc bour. lllleneclioDl of arteriaIa willi rr-y -pi are aempted from this SI."""rd. 'I1Ie Ibn80Id ItIIIdarda for tnfBc do lICIt apply to !be proposed project, . !bere II DO ...~ -:-.4 willi It It .. time. CoIIIIIIeIIts: NODe. d) ~OD c c c . 'I1Ie 'I1IreIbold Studard for Pub ad JtecnItioD II S __11JXJ ,."..-... De 'I1IreIbold -nd-ds for Pub ad b l1ioo do lICIt apply to tile pluruM project . tIere II DO deveIopmeDt ~ willi II It .. time. c-meuts: NODe. ,JJ-~ .... 6 WK:",\IIOU~." -.... - - - .... - - a- ... - - c .. e) DNiDaae c c .. - III 'I1Ie 11Ireabold SIaDdcds requiJe tbat IIiDnII WIler tIowI .. ... -- _ ..... City ~ SIaDdIrds. IDdividllll projeca wiD proYlde -= ry iIIIpro~_.. 00IIIisteat with die DNiDa&e Mater PIu(I) ... City ""II J. -11"-"111. 'Be Dnlbold ~ for dr8Iup do -II'PIY III ... ........-4 project . tbere II DO ~ __ II tbiI time. . OD--ta: AI tile time of COIIIIrudioD, tile dfitlopa ID1IIt oIaiD a NI'DES ...._. perIDit for IliDnllwater cIiIdaarpI .......1-.1 wid! 00DItnIc:d0D aclivity. f) Sewer c c c III The TbreIbold _...t.... requiJe tbat -ce tIowI ... .m- _ ..... CIty ~I SIaDdcds. IDdividual projects will provide _1111 ry impro-=- CODlil!eDt witb Sewer Muter PIaD(s) aDd City ~I Studords. Cemments: The future CODltnlctiOD of tbe SlIt Creek Gravity Sewer iDIcrcepCor wiD mer- aDi1ary __ capacity. I) Water c c c III The TbreIbold StaDcIards require !bat Idequate stomp, u.tmetlt, ... troP-1ooIoD &cilities are coDltrUcled cciDCUrreDtly with platmed puwtb ... tbat WIler quality ItaDdards are DOt jeopardized duriD, arowtb aDd CODllructioD. The 'I'JI.-old f' '."111 for water do DOl apply to Ibis project u tbere is DO CODltnlctiOD iDcIudecI witb dill project. Applic&Dtl may also be required to particlpale ill wllatever WIler oo..,'I!IioD or fee otf-aet proaram tbe City of Chula Villa bu ill effect at tbe time of buiJdi.., perIDit _0_. Cemments: Applic&Dtl may also be required to participale ill wIIatever WIler COllllmdioD OJ' tee off- .. proaram tbe City of Chula Villa bu ill effect at tbe time of ,"'Ildl", pamit Iaat'_. xm. UIn.1TIES AND SERVICE SYSTEMS. WOM1d the proposaJ rcsull in " IfUd for new "sums. or IIIbstanJiqJ altmllions tD the ft1lJowiItIlIIi1ilies: a) Power OJ' uturaJ ...? C C C III b) CommUDic:atiODl aystems? C C C . c) LocaJ OJ' feIiouI water u--- or dlatributioD C C C III facilities? cI) .... OJ' DIpIic 1IIIb? C C C . e) SIorm WIler dr8Iup? C C C . f) Solid wute cIiapoaaI? C C C . ('....-'.1: 'I1Ie proposaJ is tbe fint Itq! ill provldiq additlODa1 _ .-vice for .. _ yet III be developed. ,5?/-A-I'" ~"'\IICIM_." .... 7 - - - -- ...... - ...... . ..... ....... ..... ..... XIV. Ab"nuu.CS. WDMld 1M JI"DPD6IIl: a) 0IIItnIct uy ~ YiI&a 01' yiIJw os- eo die D D D B public or will !be ...~ .-It Ia !be cr.tiOD . of aD IIIIbedcIIJy 0<<-1".. opeDID pIIbIic YiIIw? b) c..e die deIIruaIioD 01' IIOCIIfiCIIIioD of a ~ D -C D ID 1OIde? c) Have. . loIj_trable Mptivc II .1"';'- effect? D D D B cI) er.e IIIded IiPt or pre _OIl fait ~ C C C . h- II die level of Iky JIow Ia _ _ 01' _ tbis project eo fail to oompIy willi SectiOD 19.66.100 of the Quia Villa Mu~ Code. Title 191 e) Reduce u additioaaJ aDIOWIt of IpillliPt? D D D B CommeDts: As the project doea DOt lavolve ~..._t. tbtft will DOt be obItructioD of _y IOIIIIic vista or view. XV. CULTURAL RESOURCES. WDMld 1M proposal: a) Wall the proposaIl'ellllt ill the aItentioD of or die deltructioD or . prehistoric 01' hiItoric ~Ioaical .ite? b) Wall the proposal reIIIIt ill adverse pbymcal or .....etic cffectl to a prehistoric or biItoric buildiDa. ItrUctUre or object? c) DoeI the proposal have die poteDtiaI to _ a phy.ical cbaDle which would afCect llllique cdmic cultural values? D D D II D D II D D c II c d) Wall the proposal rwtrict aiItiDa rellJiou or Dee . __ _ witbiD die ,....tial impact _? e) ..die _ ldeatifiecl OD die City'. o-.Il'IaD D DeB Em . _ _ of blab poteIIIi_1 for m:IIeoJop ,_? C--ts: As tba'e II DO CIDIIItnIctioD or de\~ 11." Iavohed Ia tbiI project, tIIeIe II DO "-;_1 to impact c:uJtunI 01' ","""..Iropcal _. XVI. PALEONI'OLOGICAL USOURCES. MIl 1M propoMl1YSlllt 111 1M _It r.Jtbl t1/ Dr 1M" -dDtt t1/~,ictIJ 1WDIII"Gt C_-ts: See oommeall uder c:uJtunI _ above. ~/- ~ "do WIC..:,....~... C C ID D .... . --.-.- - - - - - - - -- - - .. - XVD. RECREAnON. WHId tile proptMal: . .) mer- die ......."" for aeilhbodloocl or D D D nP>aa1 pub or odaer ncr..aiouI facilitiea? b) Affect _Hti", ~ ~tiea? C C D ID . c) ....r..... wida ......-iOIl pub A .-.-tioll Dee ID piau or pI'OIr&IIII? 0--15: '" there Is ~ devek.r tat illwlwd, there -.lei be 110 iIIIpec:t IIpOIIdIe quality or qaaatity of "-'II..;.., ......-ioulll opporIUIIitiea. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: s~~ Negllliw lHclaratimt for ~ jlNJings of lign/fictutc~. If QII EJR is nuded. this l<<:Iion lhould be completed. a) Does the project have the potential to cIepwIe C C C ID the quality of the envirolllllalt, IUbltaDtially reduce the habitat of . fish or wildlife lpeCies, cause . fish or wildlife populalioll to drop below IeIf-sustainine levels, thra!en to NImh..,... . plant or animal community, reduce the DUmber or restrict the ranee of . rare or eodIqered plant or animal or eliminate iJDportaDt eumples of the major period& or Californi. history or prehistory? Comments: As there is no COnstructiOD or developmeot Uavolved with the cnaIioD of. BeDefit Area Fee to fund coDstruction of . _ iDterceptor, the project does not have the potaItiaI to deInde the quality of the environment. b) Does the project have the potential to achieve abort-term, to the disadvaatap of JoDc-term. eavironmentaleoa1s? C.....-ts: Policy 5.2(4) ill the Public F8CiJItiea El1III"" ofdle o-.J PIa NqIIhw that die "COlIs of iJDprovemeats wbicIa are 1* 'Y to _ _ .".r-IIIt, IIIda . at--'- of.... pamp &ciIities, Iba1J be 41_--' by the developer." 11aiI policy does DOt pncIude tile _ of 1 meal districts or aimiIar ~.ft;."'. to 4Iwu.~ .....v..~. C c C II 11Ie project _pl_ with that policy. lulllda, die project "DOt !lave die ,.-..uol to dieve abort-tenD aoaJI to die diIadvaDIap of ..,.... lIlY'" - . I pis. c) Does die project llave ""~ that are illdividua1ly limited, but cumulatively OODSiderable? ("Cllmulatively 'C IIIV' -bJe" __ that die b.w__1 eft'ecII of. project are COIIIidenbIe wIleD Yiewed ill lJ!1""'1?D wida die eft'ecII of past projects, die eft'ecII of ocber canal projects, ..... die Ift'ectI ofproWJle fIatIIre projects.) C C c ID ;2,/- A-~ I ...' WPC M:\IK*E\PI..ANNINCNID.OII - - - - -- - - ...... .. ...... ....... ...... ...... Comments: The project does DOt have tile poCeDIiaJ for _ulmively ~ 1"\1- . tile ordiDance ameodmeat i. to lei up aD ,-_."'eat district to collect". PIdare -.tr~ will require IIdditioDal eDvirolllDelltal review. . d) Dos tile project have _viroameaIaI e<<.ct C C C . whic:Ia will _ ._.1 __ e<<.cts OD h_lleiq., either direclJy or iDdireI:dy? Comments: The ~D of. Beaeflt Area Fee 10 ftmd ...-b..AkID of tile hA......... does _ have tile poteDtiaJ to __ advene e<<.cts OD h_ beiqI either directly or iDdireI:dy. ..:;,/ - A -~~ '-'" 10 WPC ":\HOM~." -----.-.- - ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The enviromnental factors checked below would be potentially affected by 1his project, Involving at least one impact that is a "Potentially Significant Impact" or "Potentially Sipificant lJDIess Mitipted," as iDdicated by the checklist on the following pages. o I.aDd Uae aDd PIaIming o PopuIItiOllaDd HouaiDg o Geophysical o Wiler o AIr Quality DETERMINATION: On the basis of this initial evaluation: . o 'I'r1mIporwianI0rcuJm0ll o BiolopcaJ ItaCJun:es o EDerJy IDd MiDeralItaCJun:es o Hazards o Noise o Mandatory FiDdiDgs of $i.,.;fi_ o Pab1ic SerYiceI o UtWlielIIId Semce I)....... o Aadletil'f o CII1IuraI ReIoun:es o RecraIion I find thai the proposed project COULD NOT have. .iplificant effect 011 the ar.i>..........t. aDd EI a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a IiJDificant effect 011 the eaviJOmDent. 0 there will not be . siJDificant effect in this cue becauae the mitigatiOll _ described 011 an attached sheet have been added to the project. A MmGATED NEGATIVE DECLARATION will be prepared. I find that the propoaed project MAY have . IiJDificant effect 011 the eavinmmell1. aDd an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have. siJDificant effect(s) 011 the eavinmmeII1. but at Ieut one effect: I) bas been adequately analyzed in an earliet .......,n-.. pursuant to 1pp1icable Ie", standards, and 2) has been addressed by mitigatiOll _ hued 011 the earliet analysis as deacribed on anaclIed sheets. if the effect is a 'potentially IiJDificant impacts. or "poteatiaIly IiJDificant unless mitigated.' AD ENVIRONMENTAL IMPACT REPORT is required. but it must analyze only the effectS thai remain to be addteued. &':::n.f:.;I~:':~J~~# City of Chul. Vista WPC ".~0\206994 ~....,. ,;z P, 1'99Y Date ~/ - A-~3 ....< II APPENDIX m .. CITY DATA SHEET PLANNING DEPARTMENT I. Current 7.nninr on site: PC NorIh PC Saudi PC East PC West PC . Does !be project conform 10 !be current zoniDa? Yes...dIe mom will involve die ..nnmnrril)n of an ~nr nvt hAC DO inmsarot on 7"",;no. D. General Plan land use desipation on.: 0.-. ~.r.. NorIh 0.-. Snace Saudi OIIen SDace East OIIen SDace West OIIen "n.r.. Is die project compatible widl die GeIIeral Plan lind Use Diagram? Yes. Is die project area designated for conservation or open IpICe or adjacent 10 an area 10 designated? Yes. The Droiect area is Renerallv desilmAted as 0Den ftKII,..~ in die CieDeral Plan. Is the project located adjacent 10 any scenic routes? Yes. The Dram is ,""""",!Iv adi......nt 10 the Otav Vallev Road and Otav , "Ir... Rrullll whi~h are scenic "."'wavs. (If yes, describe the design ""'hniques being used 10 protect or ...,h.nr~ !be scenic quality of Ihe route) This nroiect does not aDDlv to thiR issue as it is a Dfoooled ~M for the ult ~1c buin. As the sewer will be undernnnnd. desim fN"hniaues to flmhJl~ the ....,M\1r mUl1itv of the route are DOt necessarv. m. &hools If Ihe proposed project is residentia1, please complete !be folJowiDg: NI A School l"...ftIIl":itv Enrollment Uni1s Pnmosed o_.~ FIICtars Students GeIIeraIed f:rom Proiect Elementary JlDlior High Senior High .30 .29 .10 IV. Remarks: . ~~..,~/ 1* L7~,~ Director of 1annll1g 0 Rcpresen 've ~~ ..2 ~ 199'7 Date . Pagel J), 1- ~ -01.4 7S-5'f6 c- No. :r:5-q~-:2.'f . INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION . L praina2e A. Jllbe project lire wiIhin a flood plain'? ~o. Ab..T"AI. ~A-A.U.H- ~ ~ AfN . If 10. .. which PEMA PJoodway Flequracy Boundary. ~ . B. What ~ die Joc:aiOllIlld descripdon of "i~ ..... dndDIp flcDltiH? S'F..Ar:#J LIAII= ~~Y"'I#" /AlrJl! A""'~"~.''''- ~ ~Lr~ C. Are they adequate to laVe the .project'? ~ A If not. please explain briefly. D. What is the location and description of existinl off,sDe drainIae facilities'? Sl.LT" "1:'-~r ~A(....~~,... WAY. E. Are they adequate to serve the project'? ^I. M If not. please explain briefly. A)a n. ]nnSDonation N,A. ~ IS ~ se~ '-I#J~ ~.,.,t>>-l ~ ANt> A. What roads p~~p~~';:~ ~'f~ T'flAFFfc.. ~__c..T'I; . B. What is the estimated number of one-way auto 1rips to be pnenred by die project (per day)'? C. What are the Avaqe Daily TraffIC (A.D.T.) y01o- lID dIe.pimary ICC8II ftIIIIa Wen and after project compJetion'? Snet Name Before AftIJl Do any of dlese volumes r--' die Cry'. Left1-of-Servk:e (LO.5.) "C" dIIi&n ADT volume'? If JCS, please apecify. .~/- R -;),5 ~_"'.ICI.tS)""-.) ....1 . Ys-~," c- No. p::A<.I-~ If the AD.T. or L.O.s. .C' desiJn volume ill anIaIowII or not IppJiclNe. explain briefly. . . D. Ale die primary 8CCeSI roIds IdeqUIte 10 ~ .. pojecI'l If aot, pJeue G)'Wn briefly. E. Would Ihe project crure -.......,"~ Levels 01 Service (LOS) . Ww_I~. rlj-.. to or in the vicinity or the project lite? If 10. identify: Location Cumulative L.O.s. F. Is the proposed project I .1qe project" under Ihe Conpstion MInar'-'t Propm? (An equivalent of 2400 or more lveraae daily vehicle atps or 200 or _ pak-hour vehicle atps). If yes. I TraffIC Impact Analysis (11A) will be required. 1ft 1bis cue die TIA will have to demonstrale thll the project will not c:reIIe 11\ anmitiptable adverse impact. or that aD rellled traffIC impacts are not Initialled 10 I level or 1ICIII-sipIificance. Yes No The foUowing questions apply if I TraffIC Impact Analysis is not required. G. Is traffIC mitiption required 10 reduce nffic: impatu that will I8I1Ih from iImpJanr:IItIIi of the proposed project'? Yes No If yes. please describe. H. Is Ihe project c:ansistalt with die c:riIaia ..~ ladle City', '1\.... ....wIaD ...... PlIn. . . GencnI Plan Tnffic ElI--t, IIId aD 0IhIr peniaeaI nmc ,.....~ ... ..6.-=c. lilY other uaftic impacI....;..~ for IOadWl)' lip_A dill l1li)' lie ... .I.~'" ~ die ..uywUd project. L J. Is I traffIC scud)' required? Is Ihcre an)' declic-i'JII aquind7 If SO. pJeue qecify. Ya No :J. / - G::iJo WI'C:F:ID~-" ~.IIILft)(III.!IafS) .....' r-, -91' . c.e No. rs...q" -:2.'1 K. Is theR my IIrect widenini nquired? If 10, pJease specify. . L Aft 1here my OIlIer IIrect butooo.. ..1. ~ If 10, pJeue apec1fy Ibe pocnlllllln of Ibe .:m~ ..,.~. .-410", M. Will the project IIId ftJaIed public ...povementa I"'v.iIk ....1101_..., ..me ~.ice for aiIrina conditions IIId fuIure buiJdOUl Genenl PIIn. "1tWw? (Pa. I"'v.ide · ~ explanation). m. ~ A. B. C. Aft there InY mticipated adverse pocec:hnical conditions CIIIthe project.? U#J.IcNLJWIJ. If yes. specify these conditions.l:J./A Is a Soils Report necessary? YE~' ~l>L ~ -nHti. t~. ~aJao ~ Q~~ ","NP/~ CDlJ~T"(C#.J ~IT"S. IV. .Land Fonn A. What is the average narura] slope of the site? ,,, (11./ '%:II--.r ~ .:;0-'-' it ~ ""'''''~''''-':::) B. What is the maximum narura] slope of the site? ~X{frD€ 0.- - - - "LoT"' ~~.) v. ~ Ale there InY uaffic-related noise Jevds impacrinathe . that _lipificaat eaoqh 10 justify thai a noise ltIIIysis be required of the Ipplicant? IJO' VL Waste Qer....at:on NA... c:-.JS7"/fIue:ntJIJ t:JF S;lJ..T"(*"~".. S/lS4~n'Y ~'," IN'fY'" .<AC-. 1t(1t.J- ''''C~' ~1'f1III.Y S.""/E.I&. ~~rTY. How muc:b solid IIId liquid (1eWtII') WIlle WiD be.... I~ by Ibe I"''''~ P'DJIcI,.. day'1 Solid Liquid What lithe k,. .'1nI\ IIId aia of.... ...,1iDea - . _11 .--.... 1M.? Are they IdequIIe 10 acve the I"'~ DIed I"'vject? (If DO. pIeaae ~'.ht) 2/- e-.:1/ ..... _...--- .~m"&tr.lIII.ln)CIIf.~) . Ys ~"" c.eNo.~ vn. tlarionaJ Pol1utant Disehanre Elimination SYStem ~ES\ !tUl.II"""'~~ Reo~d~l..ntl WiD the applicant be required to file a Notice of Jnmnt with die ".W.. h..__ Coaao1 Board for c:overaae under an NPDES Storm_ PamiI? a~ L-. .#~ 15-.... D .....,..~ ~J!ltrY. -...- . ~_~~ft_'_'_~"'~ ,,-,, ~ .:.~~~N~ .Y';;',~ penDit(.) IIId explain wily . NPDES pIIIIIII II ~.AN JJ~_-;;;I ./:.....ue.......L ~.u,.,. ~ ~...~ W~.. ~""""~ A<<e~.cA~ w,."..., ,.~C.~',~~' ~~I/,Y'V Mucr...r A&.'t"':a.IAI~ .\I~---.r'~.(:c;) T'1f1li'r ~~ft.&l..LY ~c..,.,,-r ~ ~.,. ~ ". &.eINn:y c.,.... '''''''''''~~. W1I1 a Stann Water Pollution Prevention Plan (SWPPP) be required for die ..~ project? X Yes No Additional comments IJDAlE . VD. ,Remarks Please identify and discuss any remainina potentialldvene impacts, adttptillll measures, or ocher issues. 1JaJ~ . ~~ City ar L..___ tr'\'C ~ I - fd.::a:J yM~ Date _ ~:._- --u..................IINmJI~' IIDI"') (lit IIIUJ) "'5 /' , . c.e No. '5-q~-;w. FIRE DEPARTMENT A. What is the distInce 10 Ihe DeII'eIt fire 1Wian? aMI willi 11_ Fire DlJ-tu-;t'. ""'~ auction lime? J.a:uJt I '5" th i"". . . : .. WaDdie Pirc ~ be able .. .......ide .. ..... inti " .. ... d\r !MJo. far Ihe to..posed facility wkhout 811 fncn r-In eq.dpmaII. t- ~".-"1 .J.f" Co C. Remarks :r: (' CArl Y r- 0 f1 d ~l O~ u r~ ...", --:..tI ,.., r- uj~r Mca.',V""\ .5~l)U~Wt'\< are. n.~r..s~o.ry ~a~' I'\D~P II~, Dof'\,~' c;;. ~; fL,----, . Marshal 04- a.,-q,f' Date . . . . . . ;xj- A -J.'1 ....' ........ -RAlDIIIGw. ....,...-.....)-.....). ~ - - - - c- No. 15. q4.~ PARKS AND RECREATION DEPARTMENT A. Is pro.ieci aut!jed to Parks and Recration 'I1ueIhoJd not.dlamnts'l ~ If not, pluM aplain. t-U\ . ~ ~ ~..a" :B. How IIIIIIY II:ftI ofpartJand.. Ml'I .1)' to -- die ...01101" project? C. Ale abdn. Deiahbolbood IIId .......-Icy pIIb .. die JII'DJecI ... liD .-.e die 1'O'P'.1~ IDc:nIR nn1dnJ from 1hiI..1)jed1 Nei&bbortlood CommIlJlity Parks D. If not. .. parkland dedications or adIer JPltiprlon l"(lpoICd . pan of die ..oject ldequare to serve Ihe population increase? Nei.hborllood Community Parks E. To meet City nquilements. wiD IppIiClDt be nquired to: Provide land? Pay a fee? f. Remarks: . - ~. ~ !rJ, '7:3 . ,- ~ 'l.1.....~ I)IIe " Parks IIId Rlc:nron J)irec:Iar ar....1I -'llive ..-c#~ -. -- -'l11D.,.. ....... U, 1Gla)"'. ....,,) ,{).I- p- 3D ....' IS-94-24 Cue No. :' APPENDIX IV . Comments Received During the Public Review Period _ No Comments Wen: Received Durin, the Public Review Period p-.- ." . WC_=-PJ/u.IIZIJS)(W.ID.PJ) /).,/- &:3J " 2885 Echo Valley Road jamul, CA 91935 AprU16, 1994 . Mr. Douglas D. Reid Environmental Review CoordJnator City of Chula Vista Planning Department 276 Fourth Avenue Cbula Vista, CA 91910 Dear Mr. Reid, It Is Incomprehensible that you would consider putting my home, which is In Jarnul and on the eastern side of the Urban Umlt Une, in the benefit area for the Salt Creek Sewer Interceptor. Must I remind you that Is the opinion of the Jarnul Dulzura Planning Group that the sewer is growth-inducing and completely Incompatible with the rural life style my neighbors and I enjoy? What 1 find most disturbing is the overriding attitude that we In Echo Valley wl1l ultimately be under the sphere of Influence of the City of Chula Vista. I also wonder If It Is coincidence that your deadline for comments Is the day before the next meeting of the Jarnul Dulzura Community Planning Group. My only options are 1) to make the County Board of Supervisors aware of your Intention to Include my neighbors In the service fee area for this sewer 2) Have a response for' you from the Planning Group after the next meeting, 3) be sure my neighbors are aware of the ImpUcations of your actions, and 4) consider Iepl action If you proceed with this course of action. Thank you for your time. Jay A. Haron, Ph.D. c.c: D. jacob, County Supervisor ;2,1- A - '3;2. Jamul Dulzura Community Planning P.O. Box 613 Jamul, CA 91935 April 30. 1994 Group f, ~ . .....'i. [' " ,. . Mr. Douglas D. Reid Environmental Review Coordinator City of Cbula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Reid, Tbe Jamul Dulzura Community Planning Group met on April 26, 1994 and authorized me to submit this letter by a vote of 8 Yes, 0 No, 0 Abstain. The Jamul Dulzura Community Planning Group bistorically and currently oppose bringing sewers past the Urban Limit Line. We also feel that Chula Vista should not process projects outside of their sphere of influence if the reach of the tributary area sbown in the Salt Creek Basin Benefit Fee Area map is the benefit area boundary. drawn, we must conclude Please correct the boundary lines priqr to processing. ~, OWr, JDCPG Lf P.S. If you wisb to contact me, or address the Planning Group, feel free to call me during business bours at 4SO-202S. or at lame at 669-1577. c.c: Supervisor Jacob Mayor Nader ~/- R- 33 .. , . Ma y 6. 1 994 ~1~:LIt:.;'le.= [I. Fo.elo En\~ronmental Fev1ew Cccro1natcr F .C'_ ~o;. l\:'8? C~W}~ vleta. CA ~:~i~ _ . ~!- ~..... ~.ti" ~ .:: .....e-. 0::'-.-1...0:-0 r"!_.lC.=. c- i"lltla.1 St.UC...... -tor oe'terlTilnll,tlOr"l 0'; __....,.:_'.:.:. :.:.:"€' c.'.,. :::._!'t. ::......C'C"~. c'.,rti.Vlt.,1 =.ewE~ lr,'t,,"'ceotor .MC :~ .~-l~ ~.E~ -ee t~ ~uno ~'e LQn5~t~uctlon of tne 6e~2r l ~..- :-. -:C':-. -:.:. .-.~. . "__ ;":"Ic;.[ ::';8:'C:..-:.:t?~ ..jrrr~L,l In tne t.r:rHltarv er.ec- t)ol...\r;oarv ;.r.::.".. 1'....";' t.r,FI~ c'ur" C:Ol"':'Ttunit\1 Wl": 'j Der'lefit -Frc.(f; tt"115 :'~''LE,'t-'C.E':J'':::.:)r. j~rHJ.l l= ~ cOmrT'IUnltv tnp't. aeoendS en sectic: ~~s~~r,~ ana 6~ a reEioe~t. a5 every other Jemut re.ident. =~ ~[,l ce~E~lt ~rom t~15 lntercep~or. ~. ~er~~lt'~ Q4 se~er 11n~s ~re ~rowtn lnducin~ and do imp~ct 't;';E' E'n,> lr'CjnLl.erl't,. Sewer-s E\11 ow -for the ms.:.:imum growth and m~r'~. ~nere=\ CiJS1M9 tne oestructlon of senEltlve rural ?,r"p~:~ . ; :- J~. :: '=II':"r'!~,-li 1 't:." P 1 ann 1 n;l lEI,rea. 15 opposed to sewer extens 1 on 1n~D G.r D,ann1ng a~~a. The C1tv oi Chula V15ta should nDt ;'=~,'",€ (Ce"- C:DlflmLln1t.v w1l1 Denei1t. To ma1nta1n our rural c:ommL':-'lt.... c:r'..~ac:ter. .xten51on oi sewer is oDDosed nere. Tne,..~,.o'-e. C1tv oi CnLd 1\ Vista snoulO not even cons1der ...5'. H.\, ".s to he', 0 Dav icr the 1nterceDtor wh1c:h 1& to c:.ene- n t.roe City 0.. Chul a Vista ano 1& of NO Denef1t to our ~ C:!':"tTlI,Jrll tv. 6inc....Ii!.,v~. ,,"\ " ~lilt ~ ~ at I:'ibel ka 2835 Echo Vallev ~oad ,j"'T!U i . CA 9193':. coC;:-J.~'19 ~r. Bo~!~o O. 5ucerVlsors 0/- A-34 e t hkb:f f3 . .. ... ('> .. ... .. ('> Q t"> ... .. ':z. . ......=: ~. -~-------- I MITIGATION lITE ~ CHULA VISTA PLANNING DEPARTMENT 'OCATOR PltOJfCT City of Chulli Vista PItOJfCT DUCWIION: C) API'lJCANT, Salt Creek Sewer Mltlllatlon PltOJ!CT Not Applicable ADDIESS: SCi.Il: fU_ NORTH No IcClIe AI-':B-I ~ THU IT:e~ TNE EHYJROH"EHTAL TRUST 61. a.. .... P..2 ,3TI\L''SI\OE 8CnUD f 1000 . ) " .,IM3 ..., :;OAN COASTAL _,6 . ...;.:. j ~ 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 everv other month 12:00n at Rainwaters on Kettner Blvd. San Diego Member - Councilman Padilla Bayfront Conservancy Trust Meets 4th Tuesdav 1 :30 p.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 Hightech/Biotech Subcommittee As needed. Mayor retains membership. Rotates among councilmembers each year. Member - Mayor Horton Current Council Representative - Councilman Moot Inter-Agency Water Task Force Meets 2nd Fridav - 8:30 a.m. of each month. Member - Mayor Horton Councilman Padilla ,:J,:::J .... - J Subject: REPORT ON CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS Page 2 International Council for Local Environmental Initiatives (ICLEI) Generally, as-needed. GreenFleets meets twice per year. C02 Project meets once per year. Locations vary. Member - Councilman Rindone Alternate - Councilman Moot Local Agency Formation Commission (LAFCO) Meets 1st Mondav 9:00 a.m. at 1600 Pacific Highway, Third Floor, San Diego. Meeting dates for 1996: 1/8,2/5,3/4,4/1,5/6,6/3,7/1,8/5,9/9,10/7,11/4, and 12/2. Member - Mayor Horton LAFCO Cities Advisory Board Meets 3rd Fridav 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 Thursdav 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 Fridav - every other month. Member - Mayor Horton .230..-). ~.' - Subject: REPORT ON CURRENT CITY COUNCIL COMMITTEE ASSIGNMENTS Page 3 San 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 p.m.- every other month beginning in January, at 1600 Pacific Highway, San Diego. Member - Councilman Padilla South County Economic Development Council Meets 1st Tuesdav 7:30 a.m. of each month at 2727 Hoover Street., National City. Member - Councilman Moot Alternate - Mayor Horton University of California - Chula Vista When reconvened, may need one, possibly two representatives dl3o--3 i ;~~=: ()