HomeMy WebLinkAboutAgenda Packet 1993/11/02
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Tuesday, November 2, 1993
4:00 p.m.
Re
CALL TO ORDER
1.
ROIl. CALL:
Councilmembers Fox _' Horton _' Moore _' Rindone _' and Mayor
Nader _
2. PLEDGE OF AIJ.EGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINl.ITES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Jon Jamieson - Youth Commission.
b. Proclamation declaring the month of November 1993 as "Team Chula Vista/USA Month.w
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a wRequest to
Speak Formw 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
recom.mendation.) 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.
S. WRITTEN COMMUNICATIONS:
a. Letter requesting Council review the INDWELLER. and URBAN ORE alternative to the
County landfill disposal system - Teresa Aland, 1433 Nacion Ave., Chula Vista, CA 91911.
It is recommended that staff inform Ms. Aland of the City's position and that the
information be received and filed.
b. Letter requesting waiver of any license requirements for Tiffany PTA Craft Fair to be held
on November 20, 1993 - Marilee Castenholz McKelvey, Craft Fair Chairman, 1615 Gotham
St., Chula Vista, CA 91913. It is recommended that the waiver be granted.
6.
ORDINANCE 2574
AMENDING SECTIONS 5.54.010, 5.54.030, AND 5.54.050 OF THE
MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING
TO TAXICAB REGULATION AND UCENSING (second readin~ and
adoption) - Following oral comments at the first reading of the ordinance
on 10/19/93, staff met with a local taxi operator to discuss his concerns
about the Council action. On the basis of the input, staff is recommending
one minor modification to the ordinance and thus its re-introduction for
first reading. Staff recommends Council place the ordinance on second
reading and adoption. (Chief of Police)
Agenda
-2-
November 2, 1993
7. RESOLtmON 17289 APPROVING AN EXTENSION OF TI-IE AGREEMENT WIlli REMY &
lliOMAS FOR LEGAL CONSULTING SERVICES FOR TI-IE OTAY RANCH
PROJECT AND AUTI-IORIZING TI-IE MAYOR TO EXECUTE SAID
AGREEMENT - The agreement would continue to provide assistance in
review of the EIR including the CEQA Findings, Statement of Overriding
Considerations, Mitigation Monitoring Program, the Staff Report, and also
to meet with staff and coordinate on Board of Supervisors/Council legal
issues from time to time. Staff recommends approval of the resolution.
(Deputy City Manager Krempl)
8A RESOLtmON 17290 ACCEPTING BIDS AND AWARDING CONTRACT FOR TI-lECONSTRUCTION
OF TI-IE SOUTI-I CHULA VISTA IJBRARY - On 9/22/93, seven sealed bids
were received for the South Chula Vista Library. The low bidder is Douglas
E. Barnhart, Inc. with a bid of $6,553,355 for site grading and
improvements, construction of the library building, communications and
low voltage systems and landscaping. The low bid was above the
architect's estimate. In order to bring the project within budget, four
deductive alternatives in the amount of $115,371 were deducted, making
the final bid $6,437,984. In addition, a change order in the amount of
$464,783 is recommended to the bidder which will bring the project within
budget. Staff recommends approval of the resolutions. (Library Director)
B. RESOLtmON 17291 ACCEPTING CHANGE ORDER NUMBER ONE, REDUCING TI-IE SCOPE OF
WORK AND REDUCING TI-IE BID AMOUNT BY $464,783
9. RESOLtmON 17292 REQUESTING TI-IE SANDAG BOARD, ACTING AS TI-IE REGIONAL
TRANSPORTATION COMMISSION, TO AUTI-IORIZE ADDITIONAL
EXPENDITURES OF TRANSNET FUNDS FOR TI-IE METROPOIJTAN
TRANSIT DEVELOPMENT BOARD (MIDB) - The MTDB operates San Diego
Transit and San Diego Trolley. Both systems are facing substantial
operating shortfalls in Fiscal Year (FY) 1994 and FY 1995. The SANDAG
Board, acting as the Regional Transportation Commission, administers
TransNet funds which include a transit component, consisting of 80
percent for capital expenditures and 20 percent for operating expenditures.
The MTDB Board is requesting the Regional Transportation Commission to
permit MTDB to borrow $1.2 million from future TransNet operating funds
to assist MTDB in its FY 1994 budget shortfall for San Diego Transit and
San Diego Trolley. MTDB staff estimates that $1.2 million is needed for
the remainder of FY 1994 in order to prevent extensive service reductions.
Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLtmON 17293 APPROVING REPLACEMENT SUBDMSION IMPROVEMENT AND
SUPPLEMENTAL SUBDMSION AGREEMENT FOR TRACT 88-3, EASTLAKE
GREENS PHASE 1 B/C, UNIT 8, AND AUTI-IORIZING TI-IE MAYOR TO
EXECUTE SAME - Fieldstone Fairway Ridge Limited Partnership has
notified the City that the fee interest in 73 remaining undeveloped lots in
the EastLake Greens, Unit 8, is to be purchased by them from Century
American Corporation. They have requested that the original subdivision
improvement agreement and supplemental subdivision agreement be
replaced with new agreements signed by them. Staff recommends approval
of the resolution. (Director of Public Works)
Agenda
-3-
November 2, 1993
11. RESOLUTION 17294 ACCEPTING BIDS AND AWARDING CON1RACTFOR TIIE CONSTRUCTION
OF ROHR. COMMUNllY PARK RENOVATION-PHASE II IMPROVEMENTS -
On 10/13/93, 13 sealed bids were received for the construction of Rohr
Community Park Renovation-Phase II improvements in the City. Of the 13
bids, the bid in the amount of $172,455.00 from Basile Construction was
found to be the lowest. Funds for the construction were included in the
Fiscal Year 1992/93 CIP Project Budget (PR-166). The work to be done
includes asphalt pavement, street lights, concrete work, irrigation system,
and landscaping. Staff recommends approval of the resolution. (Director
of Public Works)
12. REPORT PROPOSED PARKS IMPLEMENTATION PLAN (PIP) WORK PROGRAM - As
part of the Fiscal Year 1992/93 Capital Improvement Project budget,
Council appropriated $75,000 in Park Acquisition and Development (PAD)
funds to contract with a consultant for preparation of a PIP. The PIP will
serve to implement provisions of the City's General Plan Parks and
Recreation Element which calls for preparation of a long-range (20 year)
master plan to include programs for upgrading, expanding, or replacing
older facilities in western Chula Vista and for installation of new facilities
in accordance with adopted standards. Focusing primarily on western
Chula Vista, the PIP will address such issues as possible ways to decrease
existing park acreage deficiencies, formulation of a parks equivalency factor
for active recreation facilities, and identification of potential acquisition
sites for new parks and facilities. On 2/23/93, Council directed staff to
develop a program for in-house preparation of the PIP and return at a later
date. The report presents the in-house work program proposal. Staff
recommends Council approve the PIP Work Program and initiate the
commencement of work. (Director of Parks and Recreation and Director
of Planning)
* * END OF CONSENT CALENDAR * *
PUBliC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the -Request to Speak 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 individuaL
13.
PUBliC HEARING
AMENDMENT TO TIIE MUNIOPAL CODE, PCA-94-01 - CONSIDERATION
OF AN AMENDMENT TO MUNIOPAL CODE SECTION 19.14.050A TO
ALLOW APPliCANTS FOR PLANNING PERMITS TO BYPASS TIIE ZONING
ADMINISTRATOR AND HAVE TIIEIR APPliCATIONS CONSIDERED BY
TIIE PLANNING COMMISSION IN PUBliC HEARING - OlY INITIATED -
In February, Council requested staff pursue several permit streamlining
actions which had been referred for evaluation. One of the items was to
prepare a draft ordinance which would provide an applicant with the
option to bypass the Zoning Administrator and take applications for certain
permits directly to the Planning Commission. Staff recommends Council
place the ordinance on first reading. (Director of Planning)
ORDINANCE 2575
AMENDING SECTION 19.14.050A OF TIIE MUNIOPAL CODE TO ALLOW
APPliCANTS FOR PLANNING PERMITS TO BYPASS ZONING
ADMINISTRATOR HEARING TO EXPEDITE CONSIDERATION BY
PLANNING COMMISSION (first readinS!)
Agenda
-4-
November 2, 1993
14.A PUBUC HEARING
PROPOSED DISSOLUTION OF TIIE MONTGOMERY PLANNING
COMMITfEE AND SEATING OF TIIE REMAINING MEMBERS ON TIIE
SOlITHWEST REDEVELOPMENf PROJECf AREA COMMITfEE - On
8/17/93, Council directed staff to proceed with the proposal to dissolve the
Montgomery Planning Committee (MPC) and determine an appropriate
process to seat the remaining MPC members on the Southwest Project Area
Committee (PAC). Staff recommends Council place the ordinance on first
reading. (The Redevelopment Agency has already directed the Southwest
PAC to consider remaining MPC member Platt for membership on the
PAC.) (Director of Planning and Director of Community Development)
15.
ORDINANCE 2576
REPEAUNG SECTION 2.48.200 OF TIIE MUNICIPAL CODE TI-IEREBY
DISSOLVING TIIE MONTGOMERY PLANNING COMMITfEE (first readinsd
PROCESS OF SELECTING TIIE NEXT NEIGHBORHOOD FOR TIIE
IMPLEMENTATION OF TIIE NEIGHBORHOOD REVITAUZATION
PROGRAM IN TIIE MONTGOMERY AREA - In April 1989, Council
established the Neighborhood Revitalization Program (NRP) and selected
the Otay Town Neighborhood as the first area in which to implement the
program. City staff has worked with the community for the past four years
in planning and providing the needed public and private improvements.
Recently, Council directed staff to look into the selection of the next
neighborhood for the implementation of NRP. The report is in response to
Council direction and is intended to provide information on the process
staff proposes to follow in the selection of the next neighborhood. Staff
recommends Council accept the report and direct staff to continue the
process of selecting the next neighborhood for the implementation of
another NRP. This report does not require a public hearlnS!: but is a related
item. (Director of Community Development)
B.
REPORT
PUBUC HEARING
CONSIDERATION OF TIIE REQUEST BY AMERICAN STORES INC. FOR 5.8
ACRES LOCATED AT TIIE SOlITHWEST CORNER OF TIllRD AVENUE AND
-.}" STREET: A) GPA-93-06: AMEND GENERAL PLAN FROM
PROFESSIONAL AND ADMINISTRATIVE OFFICE TO RETAIL
COMMERCIAL; B) PCZ-93-E: REZONE FROM CoO (COMMERCIAL OFFICE)
AND R-1 (SINGLE FAMILY TO C-C (CENTRAL COMMERCIAL) - The
applicant, American Stores Properties, Inc., parent company of the Lucky
Stores, has submitted applications to amend the General Plan and rezone
5.8 acres located at the southwest comer of Third Avenue and "J" Street.
The proposal is to redesignate the site from Professional and Administrative
Commercial to Retail Commercial, and to rezone the site from CoO
(Commercial Office) and R-1 (Single Family Residential) to C-C (Central
Commercial) in order to accommodate the relocation of the Lucky Store.
Staff recommends Council place the ordinance on first reading and approve
the resolution. (Director of Planning)
ORDINANCE 2571 AMENDING TIIE ZONING MAP OR MAPS ESTABUSHED BY SECTION
19.18.010 OF TIIE MUNICIPAL CODE REZONING TIIE 5.8 ACRE PARCEL
LOCATED AT TIIE SOlITHWEST CORNER OF TIllRD AVENUE AND -.}"
STREET FROM CoO, OFFICE COMMERCIAL, AND R-l, SINGLE FAMILY
RESIDENTIAL, TO C-C-P, CENTRAL COMMERCIAL PRECISE PLAN (first
readinS!:)
RESOLUTION 17295 AMENDING TIIE LAND USE DIAGRAM OF TIIE GENERAL PLAN FROM
PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL TO RETAIL
COMMERCIAL FOR 5.8 ACRES LOCATED AT TIIE SOUTI-fWEST CORNER
OF TIllRD AVENUE AND -.}" STREET
Agenda
-5-
November 2, 1993
16.
PUBUC HEARING
CONDITIONAL USE PERMIT PCC-94-06: REQUEST TO CONSTRUCT A 60
FOOT HIGH CELLULAR ANTENNA AND COMMUNICATION EQillPMENr
SHELTER. AT ns ANITA STREET IN THE IL-P ZONE - APPUCANT IS U.S.
WEST CELLULAR - U.S. West Cellular is proposing to construct a 60 foot
high cellular antenna and a 430 square foot communications equipment
shelter in the IL-P Zone located at 775 Anita Street approximately 550 feet
east of PacTel cellular antenna site recently approved by Council but not
yet constructed. Staff recommends approval of the resolution. (Director
of Planning)
RESOLUTION 17296 APPROVING PCC-94-06, A CONDITIONAL USE PERMIT TO CONSTRUCT
A 60 FOOT TALL CELLULAR ANTENNA AND A COMMUNICATIONS
EQillPMENr SHELTER. IN THE IL-P ZONE LOCATED AT ns ANITA
STREET
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 not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject. please complete the yeHow "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 foHow 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 and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Spe~ form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
17. RESOLUTION 17297 AUTIIORIZING STAFF TO PROCEED WITH AN "ASSET TRANSFER"
STRUCTURED FINANCING IN ORDER TO FINANCE THE
REDEVELOPMENr AGENCY'S REQillRED $2.6 MIlliON CONTRIBUTION
TOWARD EXPANSION OF THE CHULA VISTA CENTER - On 2/25/92, the
Agency approved the First Addendum to the Disposition and Development
Agreement with Homart Development Company regarding the Chula Vista
Center. The Addendum includes a requirement of a $2.6 million Agency
financial contribution towards the project. Staff is proposing to finance the
Agency's contribution through an asset transfer structure. Staff
recommends approval of the resolution. (Director of Finance)
18. REPORT UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
Agenda
-6-
November 2, 1993
ITEMS PUllED FROM TIlE 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
OTIIER BUSINESS
19. CIlY MANAGER'S REPORT(S)
a. Scheduling of meetings.
20. MAYOR'S REPORT(S)
21. COUNCIL COMMENfS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters (IAFF) , Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 10/26/93.
Potential litigation pursuant to Government Code Section 54956.9 - Schaefer vs. the City of Chula
Vista.
Potential litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego
Palm Plaza Project.
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on November
9, 1993 at 6:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the
City Council meeting.
October 27, 1993
TO: The Honorable Mayor and City counc~
FROM: John D. Goss, City Manager Jft ~ '/?
SUBJECT: City Council Meeting of November 2, 1993
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 2, 1993. Comments regarding the Written
Communications are as follows:
Sa. This Written Communication from Teresa Aland forwards information on a
proposed alternative to the current County waste management and disposal
system. Since the City is interested in and is beginning the process to
search for viable alternatives to serve the South Bay, IT IS, THEREFORE,
RECOMMENDED THAT STAFF INFORM MS. ALAND OF THE CITY'S POSITION, AND THAT
THE INFORMATION BE RECEIVED AND FILED.
Sb. This is a request from the Tiffany School PTA requesting waiver of
business license requirements for their November 20 craft fair to be held
at Bonita Vista High School from 9:00 a.m. to 3:00 p.m. AS IS CONSISTENT
WITH PAST PRACTICE BY THE CITY COUNCIL, IT IS RECOMMENDED THAT THIS WAIVER
BE GRANTED.
JDG:mab
MOTHER
ALAND
CEIVED
.93 OCT 21 P 2 :39
WRITTEN COMMUNICATIONS:
rarxhClf ~nL~9'9..3 i '
'tlIT'tlC,\ "', -'1 (,,-
City of Chula Vista
Honorable Coundlperson
Jerry Rindone, Interim Commission Representative
Teresa Aland
1433 Nadon Ave
Chula Vista, CA 91911
Dear Coundlperson Rindone,
I am providing this information to you at this time because the public is still
not allowed to see the whole picture. I will continue to fight for the rights of the
people to control their own resources in any capacity I have left. The INDWELLER
and URBAN ORE alternative to the County landfill disposal system is for the long-
term sustainability of every community. If the information is not allowed to
become public at the North County Solid Waste Management Agency Board review
beginning October 25, an injunction will be necessary to delay contract negotiations
with the waste hauling firms.
The City of Chula Vista still has an opportunity to be the first private/public
MRF of the type described in the documents enclosed. I continue to question why
our public servants would continue to support corporations wanting to do cleanup
and recycling when they themselves created the mess in the first place, but they can
change too.
I believe you realize the benefits to an alternative system, which I have
always advocated as the systems approach to recover source-separated resources.
Contrary, of course, to the pervasive waste haulers systematic approach to
monopolizing all public resources.
Please give this information considerable thought and if you have any
questions, please contact me.
:2&u
Tere~a Aland . \
CC,- ~-7~ fLl)
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~ - .;<<'O'h"'A'Land R,mv,,.bl, Rewurre M,n,gznll-S00-31O+CREENS
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WRlnEN COMMUNICATIONS
;Pc /?/V'
,~
w.. Lynn Froeschle, AlA -=-___.._
Architects
, 4.4?2 i\-'1C..'i___jr-if ;~'it~,"L)eJ,,"'. i~ Vt::~.!-!L,;e
San C~l~, 02 j ;~':'JC
COMMUNITY RESOlJRCE RECOVERY PARKS
by Lynn Froeschle, AlA
(619) 571-285E
(FAX) 571-7073
Problem: Landfills in the United States and other industrialized nations are filling at alarming
rates. As the world population grows, so does the amount of trash and waste we produce. With
only 5% of the world's population, the United States consumes 25% of all energy used on earth
(1). In addition, this nation generates about 10 billion metric tons of nonagricultural solid waste
each year (2). We are a "throwaway" society that discard on average nearly two tons of waste
per person 'every year (based on a combination of residential, commercial, and construction
waste) (3). This translates to approximately 400 million tons of municipal waste generated
nationally each year including construction and demolition debris. 73 % of these wastes are
dumped into landfills (4). Californians disposed of nearly 50 million tons of trash in 1990 alone
(5). It should come as no surprise that many of our nation's landfills are closing as they reach
their maximum capacities. In San Diego County, one landfill may close in 1993,. creating the
controversy of where these additional 2,000 tons of trash generated daily should be dumped (6).
Solution: The creation of Community Resource Recovery Parks is an economic alternative
to landfills. Nearly all the waste going to landfills is recoverable. Discarded materials are
resources that can be reused and recycled at Community Resource Recovery Parks. Trash can
be converted into resources through reuse, recycling, and composting thus preserving the
environment, saving energy in the process, and leading to a sustainable future. Community
Resource Recovery Parks can also help to educate the public and business to think of the trash
they produce as resources so we can move from a "throwaway" society to a sustainable society.
Through reuse and recycling we can save on the high energy costs associated with producing
products from raw materials. Recycling also avoids disposal fees associated with landfills. This
means that being ecological is also economical. Ultimately, removing governmental roadblocks
and providing incentives for eco-businesses and products will help to ensure a sustainable future.
The Community Resource Recovery Park concept can be incorporated into any community that
wants to recycle. By tying in to mass transit, the parking requirements could be greatly reduced
as well as the pollution created by th~ automobiles. The resource recovery facility could be
scaled down to include only the drive through public recycling collection area and function as
a Community Resource Recovery Satellite. Collected resources could then be delivered to the
main community facility. Resource recovery facilities will provide jobs, income, and a tax base.
These facilities will also restore reusable items, collect recyclable materials, produce compost,
sell refurbished and recycled products, and help preserve the environment.
INDWELLER Resource Recovery Park
The specific proposal is to create a prototype mixed-use community resource recovery park in
Chula Vista, California called INDWELLER Resource Recovery Park that recovers source-
separated reusable, recyclable, and organic materials on a 19-acre site. The projected planned
capacity of the INDWELLER facility is 200 tons/day, diverting approximately 10% of the waste
stream from the Otay Landfill and converting the trash into resources through reuse, recycling,
and composting (7). Presently the site is being used as an autoparts junkyard. Before any
construction can begin, the site will go through an extensive environmental clean-up procedure.
~:J
~ L F. hI AlA _mu_w___
ynn roesc e,. '>____.____________
---------~-----------Archifects
Project Concept
The basic concept behind the INDWELLER Resource Recovery Park is to create a sustainable
project that encourages society to reuse, recycle, and restore. INDWELLER, the non-profit
recycling organization and client wanted the project to also be contemporary and user-friendly.
The architect, Lynn Froeschle, AlA, achieved this by implementing a contemporary design
theme throughout the project. The building masses were proportioned into smaller, more human
scale buildings through rhythm and repetition along with linear elements in order to create an
inviting and friendly feel to the complex. Additional user-friendly elements were incorporated
into the design such as the one-way, two lane circulation loop and a drive-through public
recycling collection area.
Project sustainability is achieved through the use of renewable and recycled building products,
energy efficient design features, and restoration of the river valley eco-system. Energy efficient
design features include solar powered photovoltaic roof panels, clerestories and skylights for
natural lighting, and operable windows for natural ventilation. With the assistance of
recoverable resource consultant, Teresa Aland, information regarding reuse, recycling, and
restoration through compo sting were also incorporated into the conceptual design.
Sustainability through Design
The project incorporates the following points to create a sustainable design:
1. Includes the use of non-toxic, recycled, and renewable building materials.
2. Incorporates energy efficient features of solar power, natural lighting and ventilation.
3. Conserves energy through the process of reusing and recycling.
4. Improves the site environment & restores the valley eco-system.
5. Returns green materials to the earth through composting.
Sustainability through Project Use
The project encourages sustainability through project use by the following points:
1. Educates the public and business to think of trash as a resource.
2. Provides economical incentives for society to be ecological.
3. Encourages the public and business to reuse, recycle, and restore.
About the Site
The 19-acre site gently slopes toward the atay River. The following are positive aspects about
the site:
1. The site is located in the Otay River Valley with the river actually flowing through the
southern portion of the site. The project will incorporate a Nature Park to restore and
preserve the atay River thus tying into the planned atay Valley Regional Park.
2. The site is located in San Diego County which has mild climatic conditions along with
a high percentage of sunny days. Natural ventilation and lighting along with solar power
will be available year-round and these energy efficient features will be incorporated into
the building design.
~-'I
~ Lynn Froeschle, AlA --~----~----------
Architects
3. The site is located only a few miles from the USA/Mexican border. The project will
attract customers and recyclers from both sides of the border.
The site is also 15 acres long with 4 acres adjacent to the site. The following were identified
as site constraints:
1. The site is long and narrow which effects the site traffic circulation and building layouts.
2. The site is presently a automobile junkyard which will require an extensive environmental
clean-up process.
Master Site Planning
Three main areas were first identified. The 10 acre Reuse and Recycling portion of the site was,
located adjacent to Main Street. The 5 acre Nature Park with the Otay River was located behind
the Reuse and Recycling Site. The 4 acre Composting Site was located adjacent to the main
portion of the site.
Circulation became the key to laying out the site due to the length of the site, the different
functions occurring, and the high volume of automobile, truck and hauler traffic expected at the
site. A one-way two-lane loop was immediately proposed for three reasons:
1. One-way traffic would help create order to the high volume of traffic flow to the diverse
functions occurring on the site.
2. Two lanes of traffic would provide safety to the diverse user vehicles expected including,
automobiles, trucks, and small haulers.
3. The use of one-way two lane streets takes up less valuable space on the narrow site than
conventional streets thus preserving more open space for buildings and parking lots.
All of the Reuse and Recycling Site functions are located within the circ,ulation loop with the
retail spaces of the Eco-Plaza and Repair/Resale building located nearest the street. The reuse
and recycling drop-off areas of the Reuse Collection building, the Public Recycling Drive-
through, and the Commercial Recycling building are located behind the retail area. The
supporting Eco-Offices are located behind the drop-off areas. The circulation loop provides
direct access to the Nature Park and Composting Site allowing users to by-pass the Reuse and
Recycling portion of the site.
About the Project
The Reuse and Recycling portion of the site incorporates six building types totalling over
110,000 square feet of building space onto 10 acres of the site. The primary purpose of this
complex is to keep reusable materials in use. Refurbishing and reselling these reusable items
including used building components helps preserve natural resources and keeps them out of
landfills. As much as 28 % of the waste in landfills is estimated to be construction and
demolition debris (8). The secondary purpose of this complex is to recycle materials that cannot
be reused. Recycling also helps to preserve the environment and prevents these resources from
filling our landfills. The project will also be built with reusable and recycled building products.
~-~
~ Lynn Froeschle, AlA
- --~---_._---~==--_._-==-:------- Architects
The public,' charities, and businesses can bring their source-separated reusable items to the
Reuse Collection Building where the items are evaluated and stored for future restoration in the
Repair and Resale Building. Examples of reusable items range from building components to
office equipment or home furnishings. Reusable building components would include cabinets,
doors and windows, lighting and plumbing fixtures. (Reusable flooring and roofing materials
can be delivered to a nearby facility.)
The Repair and Resale Building is where these reusable items and salvageable discards aI:e
refurbished and then sold in the retail stores. The resale of these recovered items completes the
cycle of giving new value to reusable resources that would have ended up as trash in a landfill.
The Public Recycling Area is a drive-through collection area where the public can conveniently
drop-off source-separated recyclable materials such as glass, metal, paper and plastic. Then they
are rewarded with compensation- for their efforts. In addition, source-separated "greens" such
as lawn clippings, leaves, and branches will be accepted at no charge. Household chemicals will
also be accepted fora nominal fee.
Independent haulers, recyclers, and contractors can bring their source-separated recyclables
including construction materials to the Commercial Recycling Building transfer site where they
can haul, weigh, tip, bail, and store their materials. Recyclable materials such as glass, metal,
paper, and plastic will be collected and stored by category in the Commercial Recycling
Building. Construction materials such as drywall, lumber, steel framing, roofing materials and
metal piping will also be collected for recycling purposes. (Concrete, brick, and porcelain can
be delivered to a nearby facility and recycled.) Eventually these resources will be delivered to
off-site recycling facilities where th~y are manufactured into new recycled products.
The Eco-Offices provides support space for the administrative needs of the independent recyclers
and the INDWELLER non-profit recycling organization.
The Eco-Market Plaza is an area at the front portion of the project where eco-businesses can
display and sell newly recycled products. These recycled products are created from the
secondary materials that were collected on site and manufactured off-site into new products.
The Composting Site is a four acre agricultural zoned area where landscapers can drop-off their
source-separated "greens". The composting area is monitored with the latest technology to avoid
odors and naturally restores the Earth with a nutrient rich soil.
The public Nature Park area will restore five acres of the Otay River Valley habitat. The park
will be integrated into the planned Otay Valley Regional Park which will extend from Otay
Lakes to the San Diego Bay. The Nature Park will incorporate greenbelt features into the plan
such as nature paths, hiking trails, bike paths, and horse trails. A Park Facility Building will
house an interpretive wildlife center along with a food court. Most of the parking will be
located in an earth sheltered parking facility which is located at the base of an existing eight foot
embankment in order to minimize the impact of parking on the site.
...--
J, .a- -- t
r
~ Lynn Froesch/e, A/A
Architects
/:J.,_< 7) i',,1,~j:_)nt /-f,:~,"'LJGr+ l~, \.'f'r:ue
y~ri
C~-'A ()~-' l ; 7-tJ--30
(6 iq, 57 .26c
(FAX) 5:' i -~'c;
Summary
The INDWELLER Resource Recovery Park will promote sustainability by providing an
alternative to landfills by greatly reducing the amount of trash being added to landfills. Through
reuse, recycling, and composting, the facility will recover resources that would otherwise be
considered trash. Projects such as the INDWELLER Resource Recovery Park can help
California communities meet requirements set forth by the Integrated Waste Management Act
(AB939). This California law mandates that cities and counties recycle 25 % of their solid waste
by 1995 and 50 %. by the year 2000 (9). .
Community Resource Recovery Parks replace conventional approaches which fill the landfills,
waste valuable land, and pollute the environment. Community Resource Recovery Parks can
help industrialized nations reach a sustainable future by reducing waste that pollutes the
environment, conserving energy in the process, and providing society with economical incentives
to be ecological. Through recovery, reuse, and recycling the United States can become a
sustainable society.
Biblio~raphy
(1) Elmer-DeWitt, Philip. "Summit to Save the Earth." Time June 1, 1992: 40-58.
(2) Stein, Edith C. The Environmental Sourcebook 1992: 187-202.
(3) Palmer, Tim. California's Threatened Environment 1993: 170-175.
(4) Stein, Edith C. The Environmental Sourcebook 1992: 187-202.
(5) Palmer, Tim. California's Threatened Environment 1993: 170-175
(6) San Diego Association of Governments (SANDAG). "San Diego Region: Source
Reduction and Recycling Element." 1990.
(7) Ibid.
(8) Derman, Asher Phd. "Embodied Energy, Air Pollution, and Materials, Part II." AlA
Environmental Resource Guide April 1993: Topic.IV.E 1-17.
(9) Palmer, Tim. California's Threatened Environment 1993: 176-181.
Additional References
Environmental Resource Guide 1993. American Institute of Architects.
Guide to Resource Efficient Building Elements 1993. Center for Resourceful Building
Technology.
Stern, David. "The Sonoma Discard Management Center: A Broader Design Paradigm for
Transfer Stations and MRFs." 1992. Urban Ore, Inc. Information Services.
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Reuse, Recycling, Refuse
and the Local Economy
..
A case study of the Berkeley Serial M RF
DoCUMENTED BY URBAN ORE, INc. AND THE CENTER FOR NEIGHBORHOOD TECHNOLOGY . OCTOBER, 1993
A recycling phenomenon
BERKELEY, CA - In the late 19708, a
municipal incinerator was slated to be
built in West Berkeley, a mixed residen-
tial, commercial. and industrial part of
this city of 103.000. Citizens protested.
and after a long struggle, a recycling and
refuse transfer station preempted the
burner. Today, the would-be burn plant
site is the epicenter of a regional materi-
als recovery phenomenon: the Berkeley
serial materials recovery facility (MRF).
Public policy shifted from building an
expensive. centralized facility to encour-
aging community and private enterprise.
Now a network of independent but
complementary reuse, recycling. and
composting operations receives discards,
adds value to them. and markets high
quality resources. The result: a regional
MRFthatrecovers material. creates jobs,
supports local for-profit and non-profit
businesses. adds to the tax base. and
gives haulers a convenient, economical.
and environmentally sound way to dis-
pose of their payloads.
The Ber;(eley s-mal MRF demonstrate:;
how materials recovery can be used as a
community development tool. This
prompted the Center for Neighborhood
Technology (CN1) in Chicago to hire
Urban Ore's Information Services divi-
sion to conduct this study.
CNT and Urban Ore hope the study will
help planners. community-based orga-
nizations. and industry professionals see
the full potential of existing serial MRFs
and how their principles might help
maximize recovery and community ben-
efit of all discard management facilities.
Berkeley serial MRF at a glance
City of Berkeley, CA: pop. 103,000. Alameda County: pop. 1.3 million
City of Berkeley...citywide refuse collection, refuse transfer station with dump-and-pick
salvaging and motor oil dropoff...commercial curbside recycling...residential plant debris
pickup. Ecology Center...non-profit, citywide, mutti-material residential curbside recycling.
Community Conservation Centers (CCC)...non-profit, drop-off, buyback, materials
highgrading and marl<eting. Ohmega Salvage...fcr-profit building materials and house parts
salvage. Urban Ore...for-profit reusable goods salvage and recycling business. American
Soil Products...for-profit business producing soil amendments, blended soils, and mulches.
Tipping areas .............................19 TPY of refuse to landfill....... 90,000
FTE employees ..........................94 Recycling annual cash flow ...$8.5 m
Organizations ...............................6 Refuse annual cash flow ~..$11.0 m
Acres of sites .............................10 Cash budget. 1 ton recycling ....$102
TPY diverted ..........approx. 83.000 Cost of 1 ton landfilling ..........$122
Note; fT1IJCI1 01 the refuse and recycling tonnage above is genetBted outside the City of Betkeley.
Why call it a serial MRF?
The Berkeley configuration recovers
materials by diverting them from
landfilling, so it operates as a materials
recovery facility. Like most MRFs. it
has conveyors, magnets, and a baler.
But it didn't make sense to draw a line
around only this equipment and call it a
MRF, because the entire network clus-
teredaround the transfer station together
works as a MRF.
So we drew a line around a core cluster
of businesses and programs. We call it
a serial MRF because haulers unload at
a series of tipping areas.
Methodology
We sent a list of questionS to a highly
placed manager in each organization
and asked for their best estimates. They
responded in writing or in telephone
interviews. We made follow-up calls to
fill out our database and check facts.
I
Q.
~
[
Chronology in brief
The Berkeley serial MRF has grown
over time in response to politics, chance.
individual activism, legislative mandate,
and entrepreneurship.
1923: Berkeley landfill opens. Salvag-
ing begins sometime thereafter.
1969: Ecology Center founded.
1971: Precursor to CCC's dropoff opens.
1973: CCC established; Ecology Center
curbside newspaper collection begins.
1975: Ohmega Salvage opens.
1980: Urban Ore starts at landfill. Ecol-
ogy Center expands to glass and cans.
1982: Citizens defeat proposed mass
burn plant. CCC opens Buyback.
1983: Berkeley closes landfill, opens
transfer station. Urban Ore opens Com-
post Farm.
1985: American Soil Products opens.
1986: Urban Ore Compost Farm closes.
1989: Recycled Wood Products opens.
1990: City's commercial recycling col-
lection program begins.
1992: Plant debris program citywide.
1993: Recycled Wood Products closes.
City's motor oil dropoff opens. Ecology
Center: magazines, acc, mixed paper.
A BIG THANKS TO EACH ORGANIZATION /'
FOR FREELY SHARING INFORMATION! ba--{
Supplying the Berkeley MRF '
Berkeley's hauling structure
The Berkeley MRF feeds its appetite for
discards in two ways: by picking them
up where generated, and by setting up
convenient, cost-effective receiving sys-
tems for other haulers to use.
Collection infrastructure. The City of
Berkeley picks up residential and com-
mercial refuse in compactor trucks, front
loaders, and roll-off trucks. It also col-
lects commercial recyclables, residen-
tial plant debris, and bulky goods at
curbside. The Ecology Center picks up
residential recyclables at curbside on the
same day as trash pickup. The other
organizations have a much smaller but
still vital truck fleet to reach out and
secure supply. American Soil Products
subcontracts most of its trucking.
Smllll- and self-haul culture. A lot of
material enters the Berkeley MRF
through small- and self-haulers. Small
businesses, contractors, homeowners,
scavengers, and a host of other people
bring material to the system in automo-
biles, pickup trucks, vans, trailers, and
larger flat bed trucks.
This extensive hauling infrastructure
provides several collection tiers - for-
mal and informal - with a wide variety
of ways for materials to enter the system.
Feedstocks
The Berkeley serial MRF handles an
astounding array of feedstocks, includ-
ing organic materials, soils, construc-
tion materials and other reusable goods,
appliances, glass, plastic, and metal con-
tainers, scrap metals, scrap ceramics,
many grades of paper, motor oil, oil
filters, refrigerants, and compressor oils.
See the chart on page six for a rendering
of the services provided by this compre-
hensive MRF.
warehouses, laboratories, the military,
and more.
Source separation
The system is geared to handle clean
feedstocks. Operators maintain quality
by inspecting each incoming load. Haul-
ers learn - enthusiastically or grudg-
ingly - to stratify their loads to pass the
quality screens of recyclers' receiving
systems. The penalty for failure is high
tipping fees later.
The main goal of thorough load screen-
ing is to provide a high quality end
product without costly mechanical sepa-
ration equipment. Instead, energies are
devoted to upgrading and otherwise add-
ing value.
What is left out
The Berkeley serial MRF is not com-
plete, which means there are service
voids.
At this writing, full or partial service
voids exist for the following commodi-
ties: wood, plant trimmings, putrescibles,
soils, ceramics, textiles, plastics, and
chemicals.
A key missing link appears to be a local,
large-scale plant debris composting fa-
cility. Since Recycled Wood Products
closed early in 1993, landscapers have
used a less convenient alternative: tip-
ping their plant debris on a portion of the
City's transfer station floor. The mate-
rial is then trucked to a composter.
The further development of the Berke-
ley serial MRF maybe aided as the West
Berkeley Area Plan takes effect. The
Berkeley/Oakland Recycling Market
Development Zone has already helped
finance equipment to increase capacity.
Variable tipping fee
This material comes from homeowners, Haulers separate their loads primarily to
renters, businesses, institutions, trades- save money on garbage tipping fees.
people, restaurants, landscapers, con-" Tipping fees at local transfer stations
struction contractors, manufacturers, range from $49 to $58 per ton. Haulers
5~. --)CJ
reduce their costs by tipping clean mate-
rials at the other operations, which may
charge no tipping fee, a lower tipping
fee, or even pay cash for certain materi-
als.
Besides reaping financial benefits, many
haulers know their payloads have value
and hate to see good stuff wasted. This
is especially true for homeowners, con-
tractors, or landscapers, who often buy
the MRF's products to use in their
projects.
Face-ta-face education
When a lower tipping fee or common
sense fails to pursuade haulers to stratify
their loads, a sometimes-cheerful, some-
times-confrontational process of face-
to-face education takes pI.ace. Opera-
tors patiently explain their quality re-
quirements - why they11 accept this door
and not that one, or why this load of
brush won't produce a clean mulch. At
times, the operator has no choice but to
reject a load from the most well-
intentioned person, sending him or her
down the street to pay the going garbage
disposal rate.
The good news is that haulers respond
well. They know a good thing whent.hey
see it: save money, make money, and put
things to good use.
Regional draw
Much of the material entering the Berke-
ley MRF comes from within Berkeley,
but the system pulls materials from the
nearby cities of Oakland, Emeryville, EI
Cerrito, Richmond, and Albany. Be-
cause of the combination of a lower
tipping fee, range of materials accepted,
and the sale of attractive retail products,
the Berkeley MRF draws people from
around the Bay Area, and as far away as
Southern California and Oregon.
It's possible that this regional pull is
responsible for increasing the garbage
flow at the Berkeley refuse transfer sta-
tion when nearby dumps with fewer
recycling opportunities are experienc-
ing declining garbage.
Local economic development
Supply-side benefits
Local economic benefits start upstream
on the supply side, where suppliers save
or even earn money on the material they
dispose of. The Berkeley serial MRF
gives haulers an opportunity to increase
margins or lower their collection fees,
either way making their business more
competiti ve. Homeowners, individuals,
business people, and contractors can save
or earn money, too. The avoided dis-
posal cost of this MRF is quite large,
probably somewhere in the range of $4
million to $5 million aIL'lually compared
to landfilling.
Jobs, jobs, jobs
The MRF puts spending power into the
local economy through its 94 employ-
ees,' many of whom enjoy well-paying,
skilled jobs with excellent benefits.
Berkeley Serial MRF Jobs
(Full-time equivalent, includes collection)
City of Berkeley ..............................16
CCC dropofflbuyback .....................15
Ecology Center ................................18
American Soil Products ...................18
Ohmega ...... ............................ ........... 7
Urban Ore ........................................20
TOTAL ........................................... 94
Independent contractors
The Berkeley serial MRF operators also
support many specialized independent
contractors vital to the reuse and recy-
cling operations. Urban Ore uses con-
tractors to clean bricks and evacuate
refrigerants and appliance oils. Ohmega
Salvage uses about a dozen subcontrac-
tors to rebuild plumbing,'rebuild doors,
and make stained glass. American Soil
Products contracts out over $500,000
worth of trucking each year.
Demand-side benefits
Local economic benefits flow down-
stream through demand markets, too. In
the reuse business, providing a steady
supply of low-priced, authentic house
parts enables homeowners, restoration
contractors, and property managers to
make repairs that might otherwise be
unaffordable.
The same is true for the soil amendment
business. Beautiful landscaping adds to
property values, and good soils are the
foundation for landscaping. The effects
are felt throughout the real estate indus-
try and eventually raise the tax base.
A substantial number of reuse custom-
ers buy things that they resell at flea
markets, garage sales, thrift stores, or
collectibles boutiques. Many do repair
and refinishing work; some do consider-
able research to find the best market for
items they purchase. The value they add
is reflected in the difference between
what they pay for something and what
they get when they resell it TIle differ-
ence, minus any expenses, is their in-
come. For many resellers, this is their
primary occupation.
Other reuse customers are contractors
who use the MRF's products in their
specialized trades. They may upgrade a
door by painting or repairing it, then get
paid again to install it. Landscapers and
gardeners use bricks, stones, soils, and
scrap lumber to create pleasant outdoor
spaces for homes and businesses.
Economic powerhouse
The Berkeley serial MRF circulates a
substantial amount of money through
the local economy.
Annual Cash Flow
of the Berkeley Serial MRF
(includes collection costs)
City of Berkeley.............. $2.2 million!
Non-profits ......................$2.5 million2
For-profits ....................... $3.8 million3
TOTAL ____________.$8.5 million
1 Expense budget, FY 1993-1994
2 Projected 1993 revenues; incl. City of
Berkeley service fees not counted above.
3Estimated 1992 revenues ~ _ /
This money circulates through the local
economy by way of employees, contrac-
tors, suppliers, customers, public tax
coffers, and owners' profits.
Tax revenues
In an age of tight budgets, this serial
MRF adds directl y to the public revenue
in the form of business license taxes and
state and local sales taxes. While data
were not available for every business,
aggregate estimates were available, and
are presented below:
The Berkeley Serial MRF's Annual
Contribution to the Tax Base.
City license fees ....................... $5,700
City's share of sales taxes......$38,000
Balance of sales taxes .......... $292,000
TOTAL ______......___......$335,700
* taxes paid on revenues only, not taxes paid
on supplies and equipment purchases.
Space: the missing frontier
The flip side of the robust and cosmo-
politan economy of the Bay Area is the
limit to growth imposed by dense settle-
ment. Lack of affordable space for recy-
cling has long plagued Berkeley serial
MRF operators.
The City of Berkeley operates and leases
about three acres to recyclers, but this
land was originaHy acquired as a site for
burning garbage and has proven to be far
too small for maximally effective recy-
cling.
Urban Ore lost its compost site in 1986,
and in 1991 it vacated one of its retail
sites to make room for other recycling
operators. Recycled Wood Products
lost its site in early 1993. Today,Ameri-
can Soil Products' site is threatened by
complaints about odors and dust.
It is ironic that the citizens of Berkeley
united to oppose a mass bum plant in the
early 1980s but have not been able to
solve the land problem for their recy-
clers.
. .:~. :}},:
s.c.t> &-o~"'( qz.,..
Non-profit corporation rum
curbside recycling program
and container glass and me
glass, and metals. Also rur
c;. rTY OF ~V ~ I ~:(
~ ~ CO'^~
Municipal corporation owns and operates a transfer
station, where loads are consolidated for trucking to
Vasco Road landfill near Livermore.
Includes several materials recovery activities:
· motor oil dropoff
· scrap metals salvaging
· reusable goods sal vaging
· city-wide commercial recyclables pickup
· residential plant debris pickup.
Ulte'#.H ~ ~ Wt~MEKf ~
For-profit business runs attended drop-off area for reus-
able goods, appliances, and scrap metals. Features re-
frigerant removal and metal upgrading.
COMMUNITY Q:)f4~'VA\1oN ~tiW~'5::.
e:ot.i- t5A~ ......0 ~. Off
Non-profit corporation runs buyback and drop-off center
for several grades of paper , container metal and glass, and
scrap metals. Processes some materials collected by
Ecology Center and City of Berkleley's commercial pro-
gram.
."~.,
. .' : ":':":':'" .: '::'::,:':'.:'..~:.;;,-".
. . '" -.' .. " .. .
. - .
~~c.AN ~L- 'PJZoR.>G~
For-profit business receives discarded organic materials
and blends, mixes, ages, or resells them as-is. Has
developed a wide variety of soil amendments, blended
top soils, and mulches for specific agricultural and land-
scaping applications.
~::~: -.": .:? ~ . '.::. ~~~:
" ','>:h
~HM~A ~1--V',66Je-
For-profit business buys and sells medium- to high-end
building materials and house parts. Does hand demoli-
tion and refurbishing of many items.
Scale: 1" = a
~-/cA
:..N~
runs recyclmg hotlme. ; V 0. ~Vl '1 c ~ J ~C
'/, /ODl OD\\ l~ -~ ~\
'1 lumber, sinks, bathtubs, toilets, pipe, tile, glass, and other
i U \-l U U ~ D ~ used. salvaged. and surplus building materials.
~cJ W u~ <>Pe ~~ 0I01Ze-
For-profit business buys, sells, and trades housewares, furni-
\ \ j c:.- ture,officeequipment,jewelry, art, books, instruments, sport-
l ing goods, and other used, salvaged, and surplus items.
J L C c:\.D ~ 0
~ -;\0 c L--' ~ C:Je CJ ~ ~t:J
~~[]~9o(":)~~OL---A nr!
t~u~ E::J O~ OHM~~ ""~G:l ~
l c::J 0 ~ r1~ I' Fo~-~ofit bus~ess buys and sells high-end used and antique . r---'- r-:J L
- bwldi~g !"atenalS and house parts. Hand demolition and C :J
jet refurbIshing. 70% rensed materi:;% reproductio~ ~ 8 \ll
JL il1~n L-JJ .'-- S~DC'-'~ oC:?3?,l'f'r\\
-- jU~LL OD\\'.L-- r--') ~MMUNaya:>~V~ ~6
,~L-\ I o~oorD \UU ~{ ow~ttrJlwHl)MLK. ~"Df='F
~..... D~\j\;s;. \ \.4 I\--r \I~ \~~._, A~cJ ~~ ~ Non-profit corporation operates dropoff site for sev-
lU uU v.... ~ .f eral grades of paper, container glass and metal, and
~~
~oo 9 Q 0 \ ~ :=J scrap,:.:....
\ CJ~\ ---1C ~t- -11[jL
\\JC ,hI' -1t:=. ~o~
,,' ~ ~~~~~
: approx. 2000' t'\Q f2-T~ A t..&'~ ~erw~PF Iro('0E,:ilEt40iHT ~"'(GU~ D~,-z.A"1'1DH~
.
uns the City of Berkeley's residential
am. Picks up several grades of paper
~-/J
Estimated throughput ·
Operation , Materials Throughput Landfilled
(tonslyear) (tonslyear)
City of Berkeley
Curbside plant debris grass clippings, leaves, brush 2,000 nla.
Commercial recycling paper, container metal and glass 1,200 n/a
Transfer station recovery:
oil dropoff motor oil and oil fitters nla n/a
scrap metal ferrous and non-ferrous metals 764 nla
Ecology Center glass containers; steel cans; aluminum cans and 5,784 Avg 0.6%
Citywide residential curbside foil; newspaper, mixed paper, cardboard, and
magazines
Community
Conservation Centa glass containers; steel cans and scrap; aluminum
MlK/Dwight dropoff, cans, foil, and scrap; newspaper, mixed paper, 1,848 Avg 0.6%
2n<:VGilman dropoff, and cardboard, magazines, and white ledger; PET 1,860 Avg 0.6%
2nd/Gilman buyback redemption containers 3,480 Avg 0.6%
AmerIcan Soil Products
mixes, blends, and ages a variety of soils and
organics; sells soil amendments, blended top
soils, and mulch in bulk or by the bag
62,293
(Most g8f16I1I/tKI
outside Bstk8My)
<1%
Ohmega Salvage, Ohmega Too
building materials, house parts and fixtures -
mid-range to high-end
1,250
<1 %
Urban Ore Discard
Management Center
appliance recycling (refrigerants, oils, metals);
scrap metals; batteries; cardboard;
reusable goods dropoff/transfer station salvage
nla
447
325
<1%
<1%
<3%
Urban Ore General Store, and
Building Materials Exchange
reusables. building materials, household and of-
fice contents; antiques, collectibles, appliances;
recyclables. ceramics, metals, wood, textiles
1,664
373
<3%
· nla =
TOTAL MATERIALS RECOVERY 83,288 not available
Not Included: Until tt lost tts lease in 1993, Recycled WOQd Products chipped, shredded, and screened wood, limbs,
leaves, and grass, then sold the products as mulch or as fuel for cogeneration. Recycled Wood Products processed
approximately 12,000 tons of material per year, and reported ~idues 18I)dfilled of well under 1 % of total throughput.
...::> 0... -/ I
Highest and best use
Conserving value
The Berkeley serial MRF implements
the principle of highest and best use.
The founders who started each business,
program, or service had to find a practi-
cal way to take one or more discarded
materials up a few notches oil the scale
of worth.
. Ecology Center started as an informa-
tion center, then added its collection
service to demonstrate the effectiveness
of curbside recycling and to give the
public a chance to do something for the
environment that had iImnediate, per-
ceivable results. The nonprofit has col-
lected ever-increasing tonnages for two
decades.
. Community Conservation Centers in-
corporatedin 1973 to operate two dropoff
centers supported by City funding, then
added the Buyback later. The resulting
configuration maximizes tonnage and
quality control while offering thousands
of small collectors a chance to augment
their incomes.
. The Ecology Center started a bottle-
washing business to demonstrate reuse.
The spinoff, called Encore!, has grown
into a $2 million per year concern oper-
ating in a nearby city.
. Urban Ore's retail sales business for
reusable goods replaced an earlier land-
fill scrap recovery operation.
. American Soil Products started as a
spinofffrom Urban Qre'sCompostFarm,
taking bulk agricultural materials from a
variety of SQurces and producing custom
soil blends with specific nutrient levels,
textures, and even colors.
. The City of Berkeley's curbside plant
debris collection program uses special
compostable paper bags for its custom-
ers. When Recycled Wood Products
lost its processing site, the city found an
alternative out-of-town compost proces-
sor that is still much closer than its
landfill, and is continuing its source
separated service for plant debris.
Product development
Each processor has seen its products
proliferate as markets are developed.
. American Soil Products sells five ma-
jor categories of recycled organic prod-
ucts, and these are further broken down
into 34 subcategories.
· Urban Ore's cash registers collect sales
information daily on 41 categories of
reusable goods, from doors to hardware
to toys.
. The City's refuse transfer station pro-
duces more than refuse: four categories
of scrap metal; bulk loads of clean plant
debris; recyclable motor oil; and nearly
a ton of reusable goods each day.
. Berkeley's two nonprofit recyclers sell
four grades of paper, five types of glass
containers, two types of metal contain-
ers, and mixed metal scrap.
Many of these products are sold locally,
for local use. One manager calls these
"handshake markets," because they are
friendly and personal.
Quality
Recycling obeys the laws of the mining
economy: high-quality products gener-
ate the most revenue. The enterprises
that make up Berkeley's serial MRF
have generally been able to keep materi-
als moving despite market fluctuations.
Variable disposal fees drive the system.
fluctuations in demand markets can be
countered with fluctuations in rates.
sOurce separation pays off downstream.
Processors get away with minimal sort-
ing because materials arrive in a fairly
pure state. .
Each operator who was able to estimate
their tonnages estimated residues o/less
than 3% of total throughput!
Front-end screen
The principle of highest and best use
creates a hUg~n~ ~n IX! s
among products. At the low end are
broken toilets and broken bricks, given
away to a local quarry. Soils and soil
blends at American Soil Products are
worth $18 to $42 per cubic yard, or $50
to $150 per ton. Studies Urban Ore has
done show its overall materials are worth
$400 to $500 per ton. At the high end,
Ohmega Too takes the prize for the most
valuable finished product - a floral
terracotta bathtub, vanity sink, and foot
stool worth $48,000!
The reuse operators serve as a value
filterforrecycling. What doesn't sell for
reuse generates clean recycling feed-
stocks from dismantling, cleaning, and
quality control. Materials recovery fa-
cilities that put reuse ahead of recycling
will enjoy higher incomes, and their
unrecyclable residue wil~ be less.
What the customer sees
Customers entering West Berkeley en-
counter athriving mixed industrial, com-
mercial, andresidential district with thou-
sands of people on the streets in trucks,
vans, cars, and on foot, transporting sup-
plies or hauling things for hire.
Home enhancement and enjoyment is a
major theme in the area. Restoration-
oriented businesses and bulk suppliers
like lumberyards and sand and gravel
companies abound, along with upscale
eateries and specialty shopping bou-
tiques. One of the city's largest home-
less shelters is here, too.
The disposal businesses that make up
the Berkeley serial MRF conform to
local zoning, energy and sign regula-
tions. They try to make their premises
efficient and enjoyable for the custom-
ers. They educate the public every day,
teaching people how to take advantage
of all the recycling opportunities.
The Berkeley serial MRF extends the
notion of value-added services. By in-
creasing the information content of the
entire disposal and reclamation system,
it maximizes value conserved and value
received.
..
Helping the Local Economy Grow
Serial MRFs help local growth
Serial MRFs such as Berkeley's offer
the local economy opportunities to grow.
Participating organizations may have
various backgrounds. In Berkeley's case,
non-profit businesses run drop-off,
buyback, and residential curbside col-
lection programs. Locally owned for-
profit businesses salvage for reuse and
blend soils. All help the community by
serving local buyers and suppliers, cre-
ating jobs, hiring local contractors, and
supplying low-cost materials to upgrade
housing and businesses.
Operators work together informally, re-
fer customers to one another, and occa-
sionally form working groups.
Public/private partnerships
The City of Berkeley has shaped the
Berkeley serial MRF by devoting land
around and in its transfer station to recy-
cling. It lets contracts with the Ecology
Center and CCC for curbside, dropoff,
buyback, and processing services. It
contracts with Urban Ore for reusable
goods salvaging and appliance recycling.
Recently, the City signed a long-term
contract with the Ecology Center that
guarantees a rate of return sufficient for
them to make major capital investments
in u-ucks and iWiCh1Uf.l-ywithcvnfidence.
Communities can do a lot to help serial
MRFs grow. For example, they can ask
businesses to interview people from lo-
cal placement programs. They can pur-
chase the programs' products to repair
City property. They can coordinate re-
quests for state or federal financing. They
can help with siting. They can insert
information about services into munici-
pal mailings to all residents. They can
use the existing programs' success to
attract more businesses.
Entrepreneurial zeal
The structures of the Berkeley serial
MRF organizations are different: a mQ-
nicipal corporation, two non-profit cor-
porations, two for-profit corporations,
and a sole proprietorship. A common
theme among them, however, is that
leaders have stepped forward to start and
grow each program. Some leaders took
the personal risk of the entrepreneur.
Most of the leaders have the power to
make quick decisions as necessary. Some
are deeply motivated to help the planet,
conserve resources, and build the com-
munity. All must be sensitive to diverse
interests to do business in Berkeley.
Many of the Berkeley serial MRF opera-
tions owe h'1eir survival to an individual
or two willing to fight passionately for
the survival and expansion of a vision.
Aspiring participants may need such able
champions to survive and prosper.
Tips for success
Focus on a niche. The Berkeley serial
MRF works well partly because each
operator occupies a different niche, re-
sulting in superior service yet minimal
local competition.
Focus on your customers. Whether a
supplier or purchaser, their satisfaction
is the foundation of your success. For
suppliers, charge a lower tipping fee for
well-prepared materials; pay cash to
some people; pick up materials if you
can. For buyers, accept cash, check, or
credit cards. Keep a list of what people
want; develop products to match wants.
Stay open seven days a week.
Add a fourth "R" - reduce. reuse, re-
cycle., and REl'AIL Expand your mer-
chandising concepts. Get ideas from
thrift stores,junkyards, warehouse clubs,
boutiques, hardware stores, mail order
catalogs...anywhere! Sell, sell, sell!
Be there for your politicians. Give your
officials accurate information regularly,
not just when a big decision is pending.
Help them educate the public. Go to
important meetings. Explain industrial
issues in plain English. Cultivate long-
term relationships. The Berkeley serial
MRF waS put together through two de-
cades of political give and take.
Find a good long-term site. Moving
costs money and sales. If the area is
likely to gentrify around you, be careful;
you may be priced out of the market.
Leverage the grassroots
Community support may be a recyclers'
greatest asset Remember that in nego-
tiating joint ventures with other compa-
nies, your community presence is part of
your "goodwill," and can be expressed
in dollars. Use your history of commu-
nity service to increase your clout in the
fishbowl atmosphere of discard man-
agement, where public officials can win
or lose elections over recycling issues.
Many of the Berkeley serial MRF opera-
tors came together initially in a grassroots
campaign to defeat a mass burn plant
This coalition powerfully shaped the
future by passing three initiatives in ten
years that paved the way for the MRF's
development. The citizens of Berkeley
voted for recycling.
For more information...
Urban Ore, Inc. . ......... ..... ..... ................... ........................................ 51 0-559-4454
The Center for Neighborhood Technology (CNT) ..........................312-278-4800
The City of Berkeley. Department of Public Works ........................510-644-8892
American Soil Products, Inc. ..........................................................510-540-8011
Ohmega Salvage, Ohmega Too ..................................................... 51 0-843-7368
Community Conservation Centers, Inc. ..........................................510-524-0113
Ecology Center. Inc. ............... .......... ........... ............. ...................... 510-527-2580
PIWp6I'<</ by D.v/d StWTI.nd D6nIM ~ UfINm 0,.. M6fJ by Mark GomII.
Edlttldby WlIII6m Eyflng, CNT; M6I}' I.Du Y6I1 o.v."w.nd MIchMI C6~ UrIMn Or'; K.thy
EV6IIS, CDIISII/I6n~ Jim UiMnlt City D1BriM'Y.
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1995 100% RECOVERABLES PER CAPITA COST
WITH
EXPECTED 25% RECYCLING
OCEANSIDE
population 147,900
CARLSBAD
population 73,037
5.7Ibs/ day
6.8Ibs/day
7.1Ibs/day
ESCONDIDO
population 118,123
CITY OF OCEANSIDE PER CAPITA RATE of GENERATION
CITY OF CARLSBAD PER CAPITA RATE of GENERATION
CITY OF ESCONDIDO PER CAPITA RATE of GENERATION
115,500 Tons Per Year
90,823 Tons Per Year
105,826 Tons Per Year
Total Now Generated by the Agency is 312,149 TPY
Projected 1995 Population of the Agency is 339,060
OPERATING COSTS
Using the mean per capita rate of 6.5 and the 1995 population, a formula to
estimate annual operating costs develops. This is a decrease in per capita
rate and an increase population for the Agency; Total annual operating
cost for each of the three (3) INDWELLER Parks is base on
$6.5 x 312,149 = $ 2,028,968
Equipment replacement cost. . . $125,000
Management fee. . . -.ffi30,OOO
Total $2,183,968
Cost per ton day $ 2,138,968/365 days = $5983/400 = $15 /ton
Operation of the Parks is 3 x $ 2)83,968 or $6,551,904 Annually
CAPITAL COSTS
1993 tonnage is 312,149 x $621 totaling $19,353,238 Advoided Disposal Cost
The construction of one INDWELLER Park is $6,160,000
Construction of three Parks is 3 x $ 6,160,000 = $ 18,480,000
Cost of facilities is based on Avoided Disposal Costs
SERVICE FEE
$ 44 plus $15 tipping is the $ 59
* INDWELLER Resource Recovery Parks pay for themselves, in one year of
operation through avoided landfill costs, therefore the project pays for itself.
* Capacity of each facility is 400 Tons Per Day, 2800 Tons Per Week, 11,200 Tons Per
Month and 145,600 Tons Per Year recovered per IN DWELLER facility.
1 San Diego County Landfill tipping fee January 1994
MOTHER-A-LAND RECOVERABLE RES~E MANA~T 1-800-310-4473
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,SCALE: 1" = 50'
BURTON C. TIFFANY ELEMENTARY SCHOOL PI'A
1691 Elmhurst Street
Chula Vista, CA 91913
October 25, 1993
City Clerk
Chula Vista City Council
P. O. Box 1087
Chula Vista, CA 91912
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ATI'N: Mayor and City Council:
For the ninth year, Tiffany PI'A is hosting a craft fair to be held November 20,
1993, at the gymnasium of Bonita Vista High School, from 9:00 a.m. to 3:00 p.m.
Handicrafters from San Diego County have been invited to participate in this fair.
I request that the City Council waive any license requirements for the holding of
this fair, inasmuch as all proceeds will go into a general fund to be used by Tiffany
PI' A on service projects and other programs to benefit the children of our school,
and the entire school community.
This is a duplicate letter to one dated June 21, 1993. Since I haven't received a
reply yet, I thought it best to write again. I would not like to have our activity in
any trouble with the City of Chula Vista.
Thank you for presenting this on our behalf.
Sincerely,
~?11~~
Marilee Castenholz McKelvey
Craft Fair Chairman
482-8806
Please send correspondence to Marilee at 1615 Gotham Street, Chula Vista,
CA 91913. Thank you.
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WRITTEN COMMUNICATIONS
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ORDINANCE NO. 0< ~~O~
AN ORDINANCE AMENDING SECTIONS_\~ .~~ 010,
5.54.030 AND 5.54.050 OF THE ~ VISTA
MUNICIPAL CODE AND ADDI~~~~~EW SECTION
5.54.055, RELATING TO TAX~u REGULATION AND
LICENSING. ~~
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN
AS FOLLOWS:
SECTION I: Section 5.54.010 of the Chula Vista
Municipal Code is amended to read as follows:
5.54.010 Purpose-Intent.
The purpose of this chapter is to regulate taxicab operators
in the city to best serve the publ ic interest and to permit a
sufficient degree of flexibility in operation so as to allow an
increased number of vehicles to be operated under the direction and
supervision of a certified operator during peak demand hours. Any
vehicles operating and picking up passengers within the city shall
first have paid the license tax and administrative fee provided in
the master fee schedule and meet all requirements for the operation
as set forth in this chapter.
It is the intent of ~he city to prohibit the transfer of a
certificate by an approve operator. It shall bt required that any
such operator surrender his certificate to the city if he should
cease to do business within the city. It io further the intent of
the city council that all taxicabo operating within ~he city 6h~11
be oHned by the certified oper~tor. (Ord. 2003 ~2 (part), 1982).
SECTION II: section 5.54.030 of the Chula vista
Municipal Code is amended to read as follows:
5.54.030 Definitions.
For the purposes of this chapter, unless otherwise expressly
stated, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Certified operator" r.eans a person authorized by the Police
Chief to operate a taxicab or taxicabs in the city and who has
been issued a certificate for the operation of such vehicles.
B. "Driver" means every person in charge of, or operating, any
passenger-carrying or motor-propelled vehicle, either as
agent, employee, or-otherwise, of owner, as owner, or under
the direction of the owner.
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INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON: 10-/9 -9,
I /iJ -21J- 9~
C.
"Person"
corporatio
proposing
eans any individual, partner~hip, association,
or other organization own1ng, operating or
operate any taxicab or taxicabs within the city.
-.
D. any place commonly used for the purpose of
E. "Taxicab" mea: s every automobile or motor-propelled vehicle of
a distinctiv color or colors, and/or of public appearance
such as in co on usage in this country for taxicabs, (e.g.,
vehicles such as pickup trucks and dune buggies would not
normally be us d for taxicab purposes), and lor operated at
rates per mile, or for wait-time, or for both, and equipped
with a taximete , used for the transportation of passengers
for hire over th public streets of the city, and not over a
defined route, a: d irrespective of whether the operations
extend beyond the oundary lines of the city, and such vehicle
is routed under th direction of such passenger or passengers,
or of such persons iring the same.
G. "Taximeter" means a includes any mechanical or electronic
instrument, applianc device or machine by which the charge
for hire of a passen r-carrying vehicle is mechanically or
electronicall v calcul ted for distance traveled and time
consumed, and upon su h instrument, appliance, device or
machine such charge is dicated by figures.
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(Ord. 2408 91 (part), 1990: Ord.
(part), 1982).
SECTION III: section
Municipal Code is amended to read
the Chula Vista
5.54.050 certificate-Application-Invest qation required.
Before any application is acted upon,
cause an investigation to be made of:
A.
shall
The number, kind and type of equipment an
be used. All vehicles, if they are mor than two years of
age, must have on deposit with the cit
showing that an annual inspection meetin th re uirements and
standards set forth in Section 5.54.055 has been made by an
acceptable government agency or an inspection tation licensed
under Section 9887.1 of the Business and Professions Code of
the state and approved by the Chief of Police or designee.
Failure to satisfy said inspection requirements may result in
the suspension of the certificate for said vehicle until
necessary corrections have been made. Said inspection shall
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COUNCIL AGENDA STATEMENT
xtem ~ ~ //< I
Meetinq Dat-,,<' 1_2.-6~ /75,)
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ITEM TITLE: Ordinance 0< 7,/ Amending ~~ions 5.54.010,
5.54.030, and 5.54.050 of tp@O~ula vista Municipal
Code and adding a new Se~fbh' 5.54.055, relating to
taxicab regulation a~~Ycensing.
SUBMITTBD BY' Police Chief~ ~
REVIEWED BY: City Manager J~ \t~J' ~ (../5ths Vote Yes_.o-X....)
Following oral comments at the first reading of the ordinance on
October 19, staff met with a local taxi operator to discuss his
concerns about the Council action. On the basis of this input,
staff is recommending one minor modification to the ordinance and
thus its re-introduction for first reading.
RECOMMENDATION:
1. Re-introduce the ordinance, as amended, for first reading,
amending Sections 5.54.010, 5.54.030, and 5.54.050 of the
Chula vista Municipal Code and adding a new section 5.54.055,
relating to taxicab regulation and licensing.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION:
Mr. Don Wallace of Chula Vista Taxi met with staff following the
October 19 Council meeting. His written comments are attached.
On his first point, concerning the technology used to dispatch
cabs, staff concurs with Mr. Wallace that additional flexibility
may be warranted. The ordini:lI1.c;~Hl'1a.s;H~l1~s;H~~~I1Hi:lIn~rlci~clH1::C?Hr.~qtl~:r~
two-way..radio communication. 9t'91;b~t:96Q\jtitQ4~J9ij~iY~;~J:fiijn.~y
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His second point concerns regulation of maximum fares. Mr. Wallace
argues that public perceptions of independent taxicab operators may
be negatively impacted if some independents feel the need to charge
the maximum allowable rates. While some such perceptions may be
created, staff does not see this as sufficient justification for
inhibi ting any financially-strained taxicab companies from
recovering their costs through a reasonable fare. Thus, staff is
not recommending any further changes in the maximum fare structure.
FISCAL IMPACT:
There is no fiscal impact to this recommended amendment and no
direct cost to the city from the overall staff recommendation.
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1HlS PAGE BLANK
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be renewed on an annual basis on the annivcrsary datc of said
two ycar uEJc limit. All vehicles shall be owned by the holder
of the certificate Certified Operator. Where Certified
Operator is an association. each member of the association
shall be the owner of that member's taxicabCs). All vchiolcs
ahall be equipped with u liEJht on top clearly identifyinEj thc
7chiclea as taxicaBs.
B. Applicant ahall aEJrce that he Each Certified Operator shall be
the owner of said vchicles taxicabs and shall maintain said
vehicles in a clean and sanitary condition at all times.
Where Certified Operator is an association. each member of the
association shall be the owner of that member's taxicabCs).
and be responsible for maintaininq that member's vehicleCs) in
a clean and sanitarv condition at all times. If any of said
vchiclea taxicabs are leased to drivers opcrators by the
Certified Operator holder of the ocrtifioate, the Certified
Operator holder of the oertifioate shall immediately provide
the Police Chief with a copy of said lease; or names of
lessees holding leases in a form previously submitted and on
file; provided, however, that such lease arrangement shall not
relieve the certified Operator oertifioate holder of any
responsibilities and obligations for the safe maintenance and
cleanliness of the vehicleD taxicabs which has been leased.
(Ord. 2408 ~1 (part), 1990; Ord. 2003 S2 (part), 1982).
SECTION IV: A new Sectlvn 5.54.055 is added to the
Chula vista Municipal Code to read as follows:
5.54.055 Inspection criteria.
Specific criteria for taxicabs to pass inspection shall be
determined and published in policy form by the Chief of Police or
designee. Minimum 7ehiole taxicab standards which must be
maintained to comply with this section shall include, but not be
limited to, the following:
(A) Tires. Tires shall meet the requirements of
the California Vehicle Code; Hubcaps or wheel covers
shall be on all wheels for which hubcaps or wheel covers
are standard equipment.
(B) Taximeter. Taximeter shall have been
inspected, tested, approved and sealed by an authorized
representative of the State of California, and thereafter
so maintained in a manner satisfactory to the Chief of
Police or designee. Taximeter shall be working with the
inspection seal in its original, unbroken state;
(e) Brakes. Brakes, brake lights or brake system
shall be operable and otherwise meet the requirements of
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the California Vehicle Code; Both the parking and
hydraulic or other brake system must be operable.
(D) Mirrors. Side and rear-view mirrors shall not
be missing or defective;
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(E) Interior/Exterior. The interior and exterior of the
vehiole taxicab shall be maintained in a safe and efficient
operating condition, and meet California Vehicle Code
requirements and the requirements of this Ordinance at all
times when in operation.
(F) Interior. The interior of each vehiole taxicab
and the trunk or luggage area shall be maintained in a
reasonably clean condition, free of foreign matter,
offensive odors and litter. The seats shall be kept
reasonably clean and without large wear spots. The door
handles and doors shall be intact and clean. The trunk
or luggage area shall be kept empty except for spare
tire, and personal container for the driver not exceeding
one (1) cubic foot in volume and emergency equipment, to
allow maximum space for passenger luggage and belongings.
(G) Body Condition. There shall be no tears or
rust holes in the ...chiole taxicab body and no loose
pieces hanging from the ?ehiole taxicab body. Fenders,
bumpers and light trim shall be securely fixed to the
vehiole taxicab. No extensive unrepaired body damage
shall be allowed. The vehiole taxicab shall be equipped
with front and rear bumpers. The exterior of the vehiole
taxicab shall be maintained in a reasonably clean
condition so as not to obscure the approved color scheme
and/or vehiole taxicab markings.
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(H) Paint. The vehiole taxicab shall be painted and
marked in accordance with section 5.54.260 of this Municipal
Code.
(I) Lights. Headlights shall be operable on both
high and low beam. Taillights, parking lights, signal
lights, and interior lights shall all be operable.
(J) Wipers. Each vehiole taxicab shall be
equipped with adequate windshield wipers maintained in
good operating condition.
(K) Steering. Excessive play in the steering
mechanism shall not exceed three (3) inches free play in
turning the steering wheel from side to side.
(L) Engine. The engine compartment shall be
reasonably clean and free of uncontained combustible
materials.
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(M) Mufflers. Mufflers shall be in good operating
condition.
(N) Windows. The windshield shall be without
cracks or chips that could interfere with the driver's
V1S10n. All other windows shall be intact and able to be
opened and closed as intended by the manufacturer. The
windows and windshield shall be maintained in a
reasonably clean condition so as not to obstruct
visibility.
(0) Door Latches. All door latches shall be
operable from both the interior and exterior of the
vehicle taxicab.
(P) Suspension. The vchicle taxicab's suspension
system shall be maintained so that there are no sags
because of weak or broken springs or excessive motion
when the vehicle taxicab is in operation because of wea~
or defective shock absorbers.
(Q) Seats. All seats shall be securely fastened.
Seat belts, when required by the California Vehicle Code,
shall be installed. The upholstery shall be free of
grease, holes, rips, torn seams and burns.
(R) Each taxicab shall be equipped with a device which
shall plainly indicate to a person outside the taxicab whether
the taximeter is in operation or is not in operation.
(S) Each taxicab shall be assigned a body 'number by the
permit holder Certified Operator. The trade name and body
number shall be painted or permanently affixed in letters and
numerals no less than four (4) inches high on both sides and
the rear of the taxicab.
(T) All taxicabs shall be equipped and operated so that
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(U) All ~ehicle taxicabs shall be equipped with a light
on top clearly identifying the vchicle taxicabs as taxicabs.
(V) He Any other aspect of the vehicle taxicab's
condition shall exit3t which reasonably and rationally
pertains to the operating safety of the vehicle taxicab
or to passenger or pedestrian safety.
Any vehicle taxicab which fails to meet the requirements of the
California Vehicle Code, this section or other inspection criteria
as delineated in policy form by the Chief of Police, shall be
(,-7
immediately ordered out-of-service by the inspecting individual or
agency. Said agency shall immediately inform the Chief of Police
or designee of any such actions.
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Ordering a vehicle taxicab out-of-service does not constitute a
suspension or revocation of the permit. permi ts for .:chicle
taxicabs which have been ordered out-of-service may be transferred
to other taxicabs owned by the same company Certified Operator
which did not carry a valid permit for the City of Chula Vista.
Resumption of in-service status shall be contingent upon remedy of
any deficiencies or violations noted in the failed inspection. For
all vehicle taxicabs so reinstateg to in-service status, the
inspecting individual or agency shall immediately inform the Chief
of Police or designee of any such actions.
SECTION V: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Rick Emerson, Chief of Police
-,
l.ty Attorney
A: \TXORD. 4
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October 20 1993
Chuia Vista Taxi
512 Tamarack Ct
Chula Vista Ca 91911 - 6010
Mr Gerald Young
Administrative .Assistant
City of Chula Vista
Chula Vista Ca 91910 - 2631
Dear Mr Young
This letter is in responsE' to Item 12 dated 10 19 93 l-tJich made recommendations concerning
taxi regulation in the City of Chula Vista. I befieV'e the majority of independent taxi operators
concur with the City Councils' comments regarding the thoroughness and balanced approach
contained in the staff recommendations.1 ~Jas taken aback by the reaction of one of the council
members reaction I'Jhen I asked for time to revit"lJ the recommen.dation As one of the indrJiduals
most affected by taxi related matters I feU it ~Jas a reasonable request. I ~Jasn' objecting to the
recommendation but merety I'Janted a chance to offer comments on this important document
Accordingty. please reconsider the fOnOIJing tlJO (2i items contained in the recommendations
Under proposed addition 'Section IV: 5,54.055 Inspection Criteria'
{20;, "All taxIcabs shall '-nay not be met by use of a mobile radio telephone service'
This proposal does no: .0 ffect the larger companies significantty as they aD have radio
communications as a matter of courst". partlcularty in the case of Y ellolJ Cab l''lhose dispatch
function is no, J being done by computer. hOl.OIever. some of the smaUer Ot.Jflers ~Jho receive
cellular calls from some of the independent operators on an as needed basis blould be adversety
affected and 4~ould have a difficult time surviving on picJ...-up business alone. Of course, currently
FCC ticensed and radio equipped operators such as myself I/JOuld lose flexibilty by not having
additional capacity during busy times.
Resolution No, 17273
I believe your fare adjustmp.nt recommendations are eminentty fair-minded and seem to benefit
the taxi industry generally. h~~vel. having sat in a cab for quite a fe~~ hours in the past several
years I befieve the amounts you have set I/'JiD do more harm than benefit. Please consider the
foUOt.'~ing :
Most of the cabs in the city set their rates to conform to that of Yel()t,'J (., iib - $1.20 drop.
$1 .60 mile , $12.00, hr. "'llaiting time or something 'oir'>'Y close to those figures. Most 'operators,
recognizing the oven~Jhelming influence of Yelol ; Cab accept these amounts .hO\~ver. some
operators V'lil charge the proposed amounts and .~a aienate customers ",,'ho have overcome their
doubts about independent taxis and l"JiD have their l'"I()rst fears reconfirmed that, · the independent
cabs charge too much", with the result that some customers wi. never set foot in an independent
cab again.lf you find some merit in this argument please consider the folol".ling alernate
maximum amounts - $1."0 drop. $1.80 mile. $14.00,hr. waiting tIme. Happity. these alernate
amounts '''JiB also benefit the taxi riding public in the City.
Sincerely .
~_ -t,-_ CLll~.
Don \ ,fallace - Ol''JOer
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COUNCIL AGENDA STATEMENT ?
~1'11) Heeting ~~~:~ I%y~
XTEH TXTUlilyf! ~::tn ..,"Z.., ~ Amending Resolution 10078 which
VJ sets maximum taxicab fares.
Ordinance 2.5-1'4 Amending Sections 5.54.010,
5.54.030, and 5.54.050 of the Chula Vista Municipal
Code and adding a new Section 5.54.055, relating to
taxicab regulation and licensing.
SUBHITTBD BY: Police Chief~~~
IlEVXBWBD BY: City Manager...Y:I ~~\ (4/5ths Vote Yes_No~)
The Police Department is currently responsible for licensing,
regulation and inspection of taxicabs operating in Chula vista.
In the interest of improving the comprehensiveness of inspection
services and freeing up department staff time, staff initially
investigated the merits of entering into an agreement with MTDB to
regulate Chula Vista taxicabs. In lieu of that agreement, staff is
now proposing to make certain minor amendments to the Municipal
Code regarding regulation of taxicabs and to issue an RFQ to
approve a list of vendors qualified to perform inspection services.
RECOHMBNDATIONS:
1. Adopt the resolution amending Resolution 10078.
2. Introduce the ordinance for first reading amending Sections
5.54.010, 5.54.030, and 5.54.050 of the Chula Vista Municipal
Code and adding a new Section 5.54.055, relating to taxicab
regulation and licensing.
3. Direct staff to issue an RFQ for inspection services.
4. Direct staff to bring back a report on regulation of other
paratransit vehicles, such as jitneys and non-emergency
ambulances.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
BACKGROUND:
Chula Vista has 23 licensed taxicab companies with a total of 136
cabs. The largest three (3) companies control 75% of the local
market. Fifteen of the remaining 20 companies are single-cab
independent operators.
A license to operate in Chula vista grants a company the right to
provide door-to-door service within the city and transportation
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Page 2,
Meeting
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Item 1 (p
Date: 1 19 93 10/?""'/4&
from Chula vista to sites outside the city (e.g. to downtown San
Diego, Lindbergh Field, border crossings).
Taxicabs are licensed and regulated by Police Department personnel.
This regulation includes an annual safety inspection of each cab by
a Patrol Officer and clerical time spent. on scheduling of
inspections, background checks, paperwork, etc.' Additional staff
time is spent by front counter customer service staff to
fingerprint cab owners and. issue business licenses. Al though
taxicab companies are subject to an annual business license tax,
there is currently no specific fee to recover inspection costs.
In 1989, MTDB contacted Chula vista to notify the city that it had
been authorized by the Public Utilities Commission to perform taxi
inspections. since that time, MTDB has entered into regulatory
contracts with the cities of San Diego, National City, Imperial
Beach, Lemon Grove, EI Cajon, Santee and poway.
An agreement with MTDB was recently considered in Coronado, but it
was not recommended by staff due to concerns about giving up local
control of taxicab regUlation. Although Coronado does not have an
inspection program at this time, the Coronado City Attorney's
office is currently studying an ordinance revision that would
require that cab drivers obtain and present an MTDB safety
inspection certificate. (The Chula vista staff recommendation for
an RFQ would be similar to this tentative Coronado course of
action, but it would also allow inspections to be performed at
places other than MTDB.)
In 1992, Chula Vista staff approached MTDB about providing taxicab
regulation services here. Following review of the proposed MTDB
agreement and its potential effects on local taxi operations, staff
is recommendinq an alternate arrangement which would approve a list
of qualified vendors to which non-MTDB permit holders could take
their taxicabs for inspection. This arrangement would meet the
city's goals for improving service and reducing staff costs but do
so ata lower overall cost to the taxi companies than would the
MTDB agreement.
All 23 taxicab companies have been notified of the meeting date for
this item and of the recommendation contained in this staff report.
, For inspection of all of the city'S cabs, this process
takes in excess of 100 staff hours annually (approx. $1,550).
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Page 3,
Meeting
Item ~ <..
Date: ~lo/2.J.lq~
DISCUSSION:
After reviewing several options for taxicab regulation, staff
recommends issuing a Request for Qualifications and approving a
'list . of garages to which taxicab companies could take their
vehicles for inspection. However, since this recommendation is
built around MTDB'sproposal and since that proposal has been the
subject of previous written communications to the Council
(concerning a permit moratorium request from MTDB; see attached),
both the staff recommendation and the MTDB proposal are discussed
in detail.
Differences in Requlations
Both Chula vista and MTDB regulations deal with applications,
insurance requirements, driver ID cards, and background checks for
previous violations in a similar fashion. The major differences
between Chula vista and MTDB ordinances and operations are as
follows:
* Cost to cab companies is higher under MTDB than under the
status quo or staff recommended RFQ option in Chula vista (see
following discussion on Costs: Permit Fees).
* MTDB mechanics examine cabs for mechanical problems as well as
readily-observable safety items. Chula vista currently
assigns a Patrol Officer from the Traffic Division to make
visual safety inspections only. (See attached checklists)
* MTDB conducts two scheduled inspections per vehicle per year.
The Chula vista Municipal Code only requires one inspection
per year.
* Random field inspections are conducted by MTDB inspectors
(MTDB estimate: two per vehicle per year). They may order a
vehicle out of service if it does not meet requirements of the
California Vehicle Code. The Police Department does not
conduct random inspections, but some random inspections could
be added into an RFQ for a slight additional cost per vehicle.
* Complaints by the publ ic are handled by the General Manager of
MTDB via an investigative unit, and if there is a dispute of
the unit's findings, through an administrative appeal process.
Currently, any' complaints in Chula vista would be handled by
the CVPD Traffic Division. Although there is no formal
appeals process, department decisions are appealable to the
city Council. (To date, the city has received few complaints
or appeal requests.)
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Page 4, Item
Meeting Date: 10
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* MTDB requires that each driver complete a course in personal
driver safety (i.e. in case of hold-ups) and a refresher
course every two years. Chula vista has no such requirement.
Neither the city nor MTDB teaches or assesses driving skills.
* There is currently no difference in MTDB and Chula vista
taxicab insurance requirements (see Aug. 10 Council action)
Regardless of whether an RFQ or .the MTDB agreement is chosen for
inspection services, certain sections of the Municipal Code should
be amended. The accompanying ordinance makes the changes necessary
for implementation of the. staff recommendation. If Council decides
to adopt the MTDB agreement in lieu of the staff recommendation,
staff would come back with a revised ordinance to implement that
action.
COSTS TO TAXI COMPANIES
Permit Fees
Status Quo:
in the city
currently, Chula vista inspects all taxicabs operating
but does not charge any fees for these inspections.
.-..
MTDB: The basic costs to a taxi company under MTDB's proposal
would be $2,000 for a vehicle permit application, $200 for each
additional permitted vehicle, and an annual fee of $400 per
vehicle2. I fa company wanted to expand from Chula vista to
another city or vice versa, MTDBwould assess a $35 expansion fee
for each additional city. All of these fees would be retained by
MTDB, with no portion of the revenues remitted to the city.
The majority of taxicabs in Chula vista (113 cabs, or 83%) are
already licensed by MTDB so that they can operate in several
cities. The remaining 23 non-MTDB cabs would remain licensed here
under MTDB regulation, but would have the option to expand -- where
license limitations allow -- into otherMTDB cities. Existing
Chula Vista companies would not initially be subject to MTDB's
permi t fees, because their current vehicles would be "grand-
fathered" into MTDB's system. They would be required to pay the
$400 annual fees. New taxicabs not currently in possession of
either a Chula Vista or MTOB license would be liable for the $2,000
permit fee.
2 MTDB fees are adjusted annually based on current year budget
and any previous year's deficit or surplus. Because these rate ~
structures are somewhat complex, several examples are provided in
the attachments, along with a copy of the fee schedule.
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Page 5, Item
Meeting Date:
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,0Iz-1'1'3>
since the permit fees apply to the cabs and not the companies, any
company wishing to add more cabs in the future (as opposed to
adding new cities to existing cab licenses) would have to pay the
$2,000 and applicable $200 permit fees for the new cabs. This
would apply to new companies and those currently licensed in Chula
vista. If at the time these companies obtain the new licenses they
were to have been operating under Chula vista or MTDB for less than
two years, they would be subject to an MTDB initial regulatory fee
of $400 per vehicle (in addition to the $400 annual fee).
staff recommendation: staff estimates that through an RFQ which
would provide a list of approved vendors, a thorough annual
mechanical/safety inspection meeting MTDB's stringent inspection
criteria could be contracted and administered by the city for a
cost of roughly $55 per vehicle.3
Business License Taxes
Although business license charges are taxes and bear no direct
relationship to fees for inspection services, they do represent
part of the overall cost to taxi companies. Several of the cities
contracting with MTDB charge an annual business license tax. Area
tax rates are as follows:
3 Based on preliminary bids from three local contractors. As
detailed above, this would not provide the same level of service as
the MTDB agreement would (but it would be a significant improvement
over the way inspections are currently performed).
~
Cc,-IS
Page 6, Item '"2./ (.,-."
Meeting Date:~o/~/q3
Jurisdiction Tax MlOB Regulated?
Chula Vista $150 per cClq)8ny No
$25 per vehicle
Carlsbad $25 per vehicle No
Coronado $112 per vehicle No
El Cajon $50 per vehicle for Yes
first 10 veh.
$1 for acid' l veh.
$20 per driver (or
$40 if leased
from outside the
city)
I~rial Beach $160 per cClq)8ny Yes
National City $65 oer vehicle Yes
Oceanside $100 per cClq)8ny No
$60 per vehicle
$50 per driver
$500 franchise fee
every 5 yrs.
poway $0 Yes
San Diego (City) $125 per cClq)8ny Yes
$12 zoning fee
San Diego County $204 per cClq)8ny No
(unincorporated) $50 per vehicle (or
$32 per vehicle
if inspected
elsewhere)
Santee S25 per driver Yes
TABLE 1: Business License Taxes
-
Chula vista's tax rate
in annual revenues.
unchanged, regardless
inspections.
on taxicabs brings in approximately $6,850
These rates are recommended to continue
of the method or providers of taxi
TAXZ MORATORZA/RESTRICTZONS
Moratorium Request in Chula vista
In amending the city's taxi permitting procedures, it is possible
that some potential new operators will find it worth their while to
apply for taxicab permits prior to any new fees becoming effective.
In recognition of this, MTDB requested that the city establish a
moratorium on new permits until the issue of their proposed
-
~ (". -It....
::
Page 7, Item
Meeting Date:
~
IO/2A-/q~
agreement is decided (Written Communications, Aug. 3, 1993; see
attached).
In the months that this issue has been studied and discussed with
local taxicab companies, only seven new permit applications have
been submitted (which brings the city to its current totals).
Based on this experience, it is unlikely that Chula vista will see
a significant rush for new permits in the coming weeks, therefore,
a moratorium should Dot be Decessary. Chula vista and MTDB staff
concur in this determination and the MTDB moratorium request has
beeD withdrawn.
FEEDBACK/IMPACTS
Industrv Feedback
Ten taxicab company owners, representing 119 taxicabs attended a
meeting on the proposed MTDB agreement on January 21, 1993, at the
Chula vista Police Department.
The larger companies, which comprise 80% of the taxicabs in Chula
vista and are already licensed by MTDB, were united in their
support for MTDB regulation. cited as advantages for MTDB:
* One inspection location
* Standardized regulations
* Working with just one agency.
The remaining representatives, who opposed the agreement, were
concerned about:
* Fees charged by MTDB
* Additional regulations
* Permit caps/Restrictions on access to the San Diego
market without MTDB approval. (San Diego, National City
and Coronado have permit caps in effect. Permits are
generally available by transfer only)
The cities contracting with MTDB report that they have not
experienced any problems with MTDB regulation.
Effect on city Operations
Although the staff recommendation would provide for inspections to
be done by contractors, certain functions would still need to be
performed by the city, namely:
* Verifying that an inspection has been performed/passed
~ ~-Il
Page 8, Item I .,j. C:>
Meeting Date: ~/z-/'i3
.-
* Making copies of driver licensing and insurance records
* Background checks (new companies/owners only)
* Fingerprinting (new companies/owners only; fingerprinting
fees are included in the Master Fee Schedule)
* Issuance of the business license and permit sticker
By having contractors perform inspections and the scheduling of
those inspections, the bulk of the Police and clerical staff time
spent on taxicab regulation would be eliminated.
Under the MTDB proposal, MTDB would perform the first three of the
above tasks in addition to their inspection services. The marginal
savings as compared to the staff recommended RFQ would be
negligible.
Effect on Cab Companies
Neither the RFQ recommendation nor the MTDB agreement would have a
significant effect on existing Chula vista taxicab companies.
Although MTDB's $2,000 permit fee would apply to companies
requesting new vehicle permits, it would not be charged for
vehicles already licensed in Chula Vista. The main difference
between the two options is the annual inspection cost:
approximately $55 per vehicle under the RFQ, $400 under MTDB
regulation.
-,
Applicants for new cab permits -- either new companies or existing
companies adding vehicles -- would pay no additional permit fee
under the RFQ option. Under the MTDB agreement they would be
required to pay a $2,000 vehicle permit fee (and $200 for any
additional vehicles permitted at the same time). Although premium
taxi permit prices are customary in the industry, the MTDB fees may
be a disincentive to small or independent cab companies interested
in serving Chula vista customers. They may also prove to be a
disincentive to expansion by smaller existing companies that wish
to add cabs in the future.
For companies wishing to expand the area covered by their cabs to
additional cities (where allowed by permit caps), MTDB regulation
would provide greater flexibility. An existing Chula vista cab
company would only have to pay a $35 fee to add another city to its
service area. Likewise, a company now permitted in San Diego,
National City or Imperial Beach would only need to pay the $35 fee
to add Chula Vista to its route.4 Under the RFQ option, a Chula
4 Applicants would also pay the appropriate city's business
license tax.
'-,
~ C--I~
Page 9, Item ~ ~
Meeting Date: ~ IO/~/4:;'
vista company would have to pay the $2,000 MTDB vehicle permit fee
in order to expand to any MTDB cities.
Effect on Fares
Depending on the method of regulation chosen and the cost of that
regulation to the cab companies, there may be some trickle-down
effect on taxicab rates of fare.
According to Resolution 10078, which was enacted by the council in
1980, the maximum allowable taxicab rates of fare are:
$1.50 for the "flag drop," or initial fare upon passenger
pickup, whatever fraction of a mile that may be
$1.50 for each additional mile
$10 per hour waiting time
These maximum rates have not been updated for inflation since 1980
and have not been enforced. The current averages are approximately
$1.65 for each additional mile and $12.65 per hour waiting time.
Some companies exceed the city's maximum rates by as much as $.50
per mile and $5 per hour.
S~aff reco~endation: If the RFQ recommendation is adopted, this
resolution should be amended to set new maximum fares which are
more reflective of current market rates. As presently worded, the
resolution being offered tonight would enact new maximum fares, not
to exceed:
$1.60 for the "flag drop"
$2.00 for each additional mile
$15 per hour waiting time
This action would set Chula vista's maximum fares at a fixed level,
equal to the current averages plus 20%. This would accommodate
those companies which have thus far been allowed to charge more
than the 1980 maximum fares and would mirror the current maximum
fares enforced by MTDB.
since most taxicab companies are already paying MTDB license fees
and working within MTDB's $2.00/mile maximum fare structure, the
adoption of $2.00 maximum fares and of the recommended inspection
fees in Chula vista should have little impact on the industry and,
thus, little effect on the cost of a taxi ride.
Any future increases in these maximum rates would require
additional City council action.
~ C.-I~
Page 10, Item
Meeting Date:
MTDB option: If Council decides to adopt the MTDB agreement in
lieu of the staff reconunendation, MTDB's maximum fares (and any
future amendments on their part) would be in force and this
resolution should then. be repealed. As with the above staff
recommended option, this would have little effect on the cost of a
taxi ride.
Cost/Benefit Summary
The following chart lays out the direct and indirect costs of the
RFQ option, the proposed MTDB agreement and the current method of
performing inspections in-house.
TABLE 2: POlicy Alternatives
STAFF
RECOMMENDATION Status Quo Proposed MTOB Agreement
RFQ for Inspection Services In-House Inspections
Direct N/A. Traffic Division time (100+ N/A
Cost to Contractors would pass along hours annually) spent on
City cost directly to cab companies. taxi regulation. None of
this time is being
reinbursed.
IncH rect Traffic Oivision time (100+ NIA Traffic Oivision time
Cost to hours) would be available for (100+ hours) would be
City other pl./rposes. Additional available for other
time spent on RFQ/service pl./rposes.
administration could be
recovered through contractor
inspection fees.
Level of !l2!:!.!.2 meet MTDB inspect i on Inspections are visual Would incl. field
Service standards and provide multiple evaluations only. Does not inspections, driver safety
options for inspection sites. incl. field inspections, training, appeal
Would not incl. field driver safety training, procedures and 2 scheduled
inspections, driver safety appeal procedures or more amual inspections.
training, appeal procedures, or than 1 annual inspection.
more than 1 annual inspection.
Costl Larger/MTOB companies would Large companies: no impact. No signif. impact on
Effect save cost of duplicate Smaller companies would not larger companies. Smaller
on Tax i inspections. Smaller companies have option to expand to companies would be "grand-
Industry . would have to start paying other cities, w/out paying fathered" into MTOB &
inspection fees. ~not $2,000 MTOB permit fees. !!2!:!!..s! have opt i on to
have option to expand to other CV inspections: No charge. expand to other MTOB
MTOB cities w/out paying $2,000 cities wlout paying the
permi t fee. CV inspections: $2,000 permit fees.
approx. S55/veh.lyr. MTOB inspections:
S400/veh./yr.
~ 6-2-D
-
-,
-
Page 11, Item
Meeting Date:
<.0
lo/~/4~
Basis for Staff Recommendation
Although the proposed MTDB agreement offers certain identified
advantages, it is staff's opinion that the city's goals of
improving service and reducing staff costs can be met at a lower
cost to cab companies through an RFQ process to select a list of
approved inspection locations.
Basically, this arrangement would be structured as follows:
* The city would solicit vendors qualified to provide inspection
services
* Inspections would be required to meet the standards currently
in effect with MTDB
* Taxi companies would be allowed to take their vehicles to the
approved vendor of their choice and would pay inspection fees
directly to that vendor
* Remaining city costs for administration of the program would
be collected by the vendors and remitted to the city on a full
cost recovery basis
* Contractual arrangement with certified vendors would include
reasonable contract monitoring measures (e.g spot inspections)
to ensure quality control and protection from fraud.
This recommendation would not provide the same level of service as
would be provided under the MTDB agreement. Specifically, it would
not include: unscheduled field inspections, driver safety training,
formal complaint/appeal procedures, or more than one scheduled
inspection per year. Responding to some of the concerns expressed
by the taxi companies, however, it would:
* Allow current MTDB members to continue having their vehicles
inspected by MTDB and eliminate duplicate inspections by Chula
vista (The RFQ staff recommendation would consider MTDB
inspections as meeting city inspection requirements.)
* Provide non-MTDB companies with several available inspection
locations
* Allow non-MTDB companies to continue operating in Chula vista
without paying MTDB's higher annual fees
* Leave Chula vista without a permit cap or moratorium, thus not
establishing a barrier or disincentive to smaller companies
operating in Chula vista
~~.-?I
Page 12, Item
Meeting Date:
.-
The increased scrutiny of more in-depth annual inspections under
the RFQ option will provide better safety and security for the
. public. Given the fact that Chula vista has not experienced
significant problems with taxi operations, however, staff does not
feel that the two-to-four inspections per vehicle per year which
would be performed under MTDB justifies the additional costs of
such regulation.
Although this recommendation would mean non-MTDB companies would
remain outside MTDB's permitting umbrella and would thus be liable
. for the $2,000 permit fee if they choose to join later, staff feels
this alternative provides the greatest benefit to the city and the
least negative impact to current and future cab operators.
Municipal Code Amendments
The changes being recommended in the Municipal Code will clarify
some areas that are currently ambiguous and add language to help
implement the staff recommendation. Specifically, these changes
will:
......."
* Remove language which prohibits non-owners from operating
cabs. Other existing language in the code already allows
for cabs to be leased to drivers.
* Add a definition for "flag drop"
* Add minimum criteria for taxi inspections to mirror the
minimum criteria in effect with MTDB.
Other paratransit Vehicles
Although not discussed in this report, staff recommends adopting
new language to govern the operation of other forms of paratransit
such as jitneys and non-emergency medical transport vehicles. The
form of this regulation mayor may not dovetail with the decision
on taxi regulation, and it has thus been postponed pending
resolution of tonight's agenda item. council should direct staff
to return with this report in the next several weeks.
.-.
~ (. - 2..2-
I'I:SCAL I:MPACT:
Page 13, Item
Meeting Date:
The staff recommendation will have no direct cost to the city, but
it will free up approximately 100 hours per year of public safety
and clerical staff time currently spent on regulation and
inspection activities.
Attachments
A:TXDWJY.III
1.
MTDB paratransit Regulatory Fees - 1993
(includes taxicabs)
sample costs based on MTDB Fees & RFQ
Chula vista Taxi Inspection Form
MTDB Taxi Inspection Form
Moratorium Request (written Communications,
Aug. 3, 1993)
2.
3.
4.
5.
~ tc- ~~
~
I 0/1,.Ao /~
--
... .. ~ ,- .:'-.'-~;~-
SENT BY:MTDB SthFLOOR
8-13-93 1:38PM
A-r~~k~t~r
4FI
.-.
'255 Imperial' Avenue, Suite 1000
san DleQo, CA 92101.7480
(819) 23H488
r;tJ( (810) 234-3407
PARATRANSIT REGULATORY FEES-1993
. i400
'15
1 K d balrlnce
1. AnnuII.......r Vehlcll
1.1 Pfua..m Jitney rDIM In .ceu of ~ per compaftJ
1.2 Lata payment
,.s ~ regullIlOry f..:
1.8.1 I propri8lar or ..outIve aHIoer has lei_ ~an 2 Y""" MTDBIC~y permit hold.,.
,.1.2 If 11'IOI" "an 2~'" ...lIenee
1.4 NorHmerprq medlceI vehicle
200% of .em 1 .
100% o1lt1m 1. ~. pnarated
. la~ of Item 1 .
2. Permit Application 52.000
2.1 Plus 880h perm. In .x~ or on. 1200
2.2 Plus jl!ney row. In exceu gf one per vehicle . 150
2.3 pg Iddllional charg. if eppRen . . corporation $ 400
So ParatranaIt Drtvw ldentlfteltlon ClrcI S 60
3.1 Ttmporary driver LD. card ~ 10
3.2 Replace IoIt card , 10
3.3 Changa'add campany S 1 D
... Operational .....u..
..1 TnIMf8r clearance S 200
4.2 Addlllon. Jftney rout. for .x~ permit . 160
4.3 Jftney routa chang. $ 75
4.. J~ ZDne request, If lnatalfed S 75
.05 TIXI.w.d rlqUMl. If Inllalled S 76
.4.8 FIcIiIiaus name cluing.; S 50
.Plwp";.1tk* . 10
" ..7 Color echem. and ..clio MrvIc:e change; . SOtboth
. Plwpw v.hk:Ie . 10
U ReqIMet for more than eo clap out of _Mea . . as
. lID,. thin ... per.....:
.4., AddrM. oharp . 10
4.1D Aataar,...illnG .,.,company; . 86
. PIIa pM v.NcIII S 10
4.11 ~nt"'hk:le . 7&
4.12 Add COIpOmtian GIfIcef. MCh 5100
4.13Addltian. delellon. 01 c:tIange of .tuck holder. uch .500
.......~
CltyOf~" ~CltyClfCoroNlllo. C~ofEtc.,.ClJClI"""'''''' CIty dLa...... CIlyollMlan 0""", CllyOfNalCNl CIJ ~ "P'ow.Ir. ~oI"" DItto. ~"
........ CouMyfll.... D'-to. .... ofClllwm. .
~ 'hMIl 0. .,....1l1oMl II CDonIIlIIorof.... MeIIopollW.,.,.... ""'1rICI1I~ AlMwftyIor ~p.....,..~
......,~ (I) "'0IIg0'bnlll~.. (J) "'I*go~.- nl ((J '1n0l", .ArtzonIEMIIm.....OOIllOMY
-
-.
~ ~-2-y.
SENT BY:MTDB 9th FLOOR
8-13-83 1:41PM
MTDB 8th FLOOR~
425 6164;# 1
5. MctlUanal EIIIII* ..... ....
... VehlGl. ~
6.1 As a red d failing lChedullMi inapedion. medallion remov8d
8.3 Reschedule IMpectIon appolMment wiIh .... than ~hOur notice
8.4 NHhow for inepecIIon appointment
6.5 SupplementatlChedul.c:t Insp8CliOn
$15
AH: "* r
$15
$25
S SO
586
7. IneUran.. (playable by permit holder)
7.1 Il1Iurance certrteCe. each, more than one per y..r per compan)'
7.2 InitIaJ fwlew of pmpoud ar.u~ company
7.3 Initial .ubmltal of lnaurance 11C18nt enon and omlssion& coverage
7.4 Inltlal fMw of ..I-irwurence. per ...-insurance certificate
70S fWIlewof propoeed InIUranct poq
7.8 R.viewof r..-n1 cI.1st1ng ln8Urance pcUcy
7.7 Attigned dsk tubmllaI. each
7.8 ~i8W of risk retention group
, 25'
$100
'25
'100
$ &0 pIu8 .aual ~ per hour
, 25 plus actual colt per hour
525
$ 100 plus actual coat per hour
. .
I
PAYMENT
The 1183 annual vehlcle fee ill due for each permit held .. of Januaty 1, 1993, Irralpectlve of whe1h.r the pennit Ie later tran,fetrtd,
8b8tldontd, or revoked.
For pennha !au_lifter Janucy. tM Inl1lal regulatory fee Is payable In full when the permltla Iuued.
Other f.. .. due when reqUest Is made.
>>...coNTACT
J'DB
par.ranai Regullllory Admln""'ation
1255 imperial Avenue, Suite 1000
San Diego. CA 02101-7410
(819) 567-4518
tu,.
.......11.1.
~_ \ 5 t.- 2,..$
",
ATTACHMENT 2:
It_
Mtll Date
10/19/93
SAMPLE COSTS WI MTOB REGULATION
Existing
Chula Vista Campenies New Campenies
At~C~N\~*
1Fd.-
.-.
SAMPLE COSTS WI
STAFF RECOMMENDATION
(Inspection RFQ)
One Cab
1400 Iveh./yr
S55 Iveh. inspection
S150 business license
S25 Iveh.
TOTALS: First Year
$cA)sequent Y rs
S575
$575
Three c.ba
1400 /veh ./yr
S150 business license
S25 /veh.
TOTALS: First Year
$cA)sequent Yr.
S1,425
$1,425
COMPANIES ADDING CABS.
$2,000 permit
1400 Iveh. initial reg.
1400 Iveh ./yr
$150 business license
$25 Iveh.
$2,975
$575
S2,000 permit
$200 ea. add'l permit
1400 /veh. initial rell.
1400 /veh./yr
S150 business license
S25 Iveh.
S5,025
S1,425
Under MTDB Regulation, if
in business w/city or MTOB:
More than 2 years Less than 2 years
S150 business license
S25 Iveh.
$230
$230
$55 /veh. inspection
S150 business license
S25 Iveh.
$390
S390
-
Under CV
Inspection RFQ
One More Cab
$2,000 permit
1400 /veh./yr
$55 Iveh. inspection
+ bus. license
S25 /wh.
TOTALS: First Year
SIbs~nt Yrs
S2,425
1425
Three More Cabs
S2,000 permit
S200 ea. add'l permit
1400 Iveh./yr
. bus. license
$25 Iveh.
TOTALS: First Year
Slb$equent Yr.
$3,675
S 1 ,275
S2,000 permit
1400 Iveh. initial rell.
1400 Iveh./yr
. bus. li cense
S25 /veh.
S2,825
1425
S2,000 permi t
S200 ea. edl:j'l permit
1400 Iveh. initial reg.
1400 /veh ./yr
. bus. li cense
$25 Iveh.
14,875
$1,275
+ bus. li cense
$25 Iveh.
S80
sao
S55 /veh. inspection
+ bus. li cense
S25 Iveh.
.-..
S240
S240
· F"ee. to add new cabs would be required of both new campenies and existing Chula Vista c~nies "II rand-
fathered" into MTDB licensing program. These fees would not apply to existing cOll1)anies adding cabs
to their permits (S35 per city).
-.t ~ - ,t4, t. - 2..~
TAXI INSPECTION
AY-f'tA-~IV\~trf
:tt::5
COMPANY NAME
PHONE
-'1PANY ADDRESS
(Number)
(Street)
(City)
(State)
( Zip)
VEHICLE:
YEAR
MAKE
BODY STYLE
VEHICLE I.D. ,
LICENSE ,
TAXI 1_
DESCRIPTION OF VEHICLE:
COLOR OF ROOF
BODY
FENDERS
DESCRIPTION OF INSIGNIA
DESCRIPTION OF OVERHEAD LIGHT
SEATING CAPICITY
SEAT BELTS AVAILABLE FOR EACH PASSENGER
VEHICLE INVENTORY
APPROVED
DISAPPROVED
TIRE CONDITION
HEAD LIGHTS
J,IIJlIL LIGHTS
BRAKE LIGHTS
TURN INDICATORS
PARKING BRAKES
STEERING MECHANISM
evc SEC~ 27908(a) : SIGN REQUIRED NO SMALLER THAN 4- X 6-
OVERALL CONDITION OF VEHICLE
TAXIMETER: MAKE
SERIAL ,
DATE INSP.
FARES USED
AUTHORIZED BY
LOCATION FARES POSTED
APPROVED
INSPECTED BY
SAPPROVED
DATE
~ ~-2'1
5ENT BY:MTDB 9th FLOOR ; 9-1S-9S ; 1:S9PM ; MTDB 8th FLOOR~
~D ~ PARATRANSIT REGULATORY ADMINISTRATION A-r~~~
l.UJ U ~ VEHICLE INSPECTION NOTICE. :M:: +
4:~:::' J
~IIow-Vehlcle FIle
P"'Ir.-~1oI9 InIpOGIOr .'
Gold-QIftce Cow
Date:
To:
Your -1cIe, medallon'
at 1801 Newton Ave., San DIego.
ThIs Is the ectualln8peetion report we win f1nOU1. When you, or your. representative, arrive at the f1speetlcn lite. you must ;1Ye the follOWIng
lIiEtms to the Inspector b$fore we win begin to Inspect yoLlr \'thlel..
1. This form signed and da1ed by the permit holder.
2. The current whlcle registration.
Allow tro lio eo minutes per Inspeo1lon.
It you have any questiona concerning what wDl pus. refer to "Para1rans~ VehiclelmspecUon Guidelines". This Inlormatkm II MnabIe In our office.
PLl!ASE IfEAD REVERSE SID. 0' THIS I'ORM FOR FURTHER INFfJRAfATlON
Company name
I has been 8Cheduled b' Ii1epectlon on
Permit Holde'
81.
Date
PARATRANSIT VEHICLE INSPECTION REPORT - (FOR MTDI USE ONLY)
. l:'.'~~m'~I~-,.:.l~"~ YO". ~~ .\'~.~ 'Tuna;:.' " " ~.; ~i .:.. ':1 i,.; ~.':. r..~...:: '~~"" r".r ~":' ;','".
-i:-\-1:'WI1' n"'~",,'f 1 .... -1. . .. - ,illy, wi ilt .,..,
.,. ' " =e......u. Vrhfcle '_ ~', l:. iI.:at" r . ,'. .:!l ?' ". ,~1<: .., I: il: "c1 -. '. ~_1t ' ' .~ l;t ':" ;. 1/ f; ,! .
--to "l!"lt' r' '. :: ~Nl&"" " . ". , ~ :It ': t lJ.lit, ",_I"" v.,...: . 0 . "ti ' '.
"--.. $.!: ~Ied. 'f ..' " ., ~ I' '--:'0:",0:;-,:. ., ' '. ;. " ~ I.. ". t. . :" ~' . l' '. ':'(., " ,,' ; . 'I." " .:$ "
.. '.~lemental<~'idLlIt ;;,;':' Mllea l. .t' ',' ,.;'~'. I~ I > ," t lfJlcle ldeju . 'No.; - '. - . '~;'~ -. " ..
',:.: t 'am Com.D1i1Ac, R.mrral(_~~. ..~ ~ .... . .: l ~. '" ~.:1... - 'i1i \I~' ,.." ".; ~'f. . '. ;:. 'J: :';, "': ' '
'1, ~,ur.ntcS8ri'1al 'J~ '. ','~. ~ .; ~'Id." '!. I'; , i.. ~ ,:' .: "4- ,aft.. :. "'., . 'of,' .' ''\>.. . ,." "t, ,I, ;". l;':.
~. 'Ii J. Ielre'Yehl~' t ',1 r.' ~ l l~ :' ....,;, ~ :~, '! 'Ii ~ ?:. ~, .. iJ.'\\. ~, ... Ii :~ ~.s;';:s;;'nIi I.. .: 'il i"'.. . ,~ '1 i ~ ~.. : .i:
; . o' "f'"!" '.:'.~;, . ~ ~' ~~','I" ~ t :r.. ~ 'i; ;'. ,"::r.'\.:i ".. '~:'lur'~ .:" '., ....:jo...~, .~ " :. !.:~
8RAKE81T1RES PAS$ R~N IWl ENGINE COMPARTIIE~T PASS ~N FAIL
.1.1 Available Peela1 Q 0 0 .4.1 Fuel Una CJ Q C
.1.2 Brake System lIm, 8lc. Q 0 C "4.2 011 Leaks Q CJ C
'"1.3 Emergency Brake C C Q "4.$ Water Leaks, HoseIRadIato" e1IC. C 0 CJ
'"104 Tire 1l'ead Wear/Other Q CJ CJ "4.4 Belts CJ C 0
EXTERIOR .'4.6 Hood Latch- C 0 C
7. 1 Headlights (high & low beam) C C Q "4.8 OperatlonlEnglne C CJ Q
~2 Signal Ughtls (both) ceo 4.7 Battery Connections, Cabl88, ete. 0 Q CJ
~3 Tallllghtt (both) Q 0 . Q 4.8 Uncontalned Combuatbles C C Q
.2A 8rske Ugl'lts (both) 0 Q 0 FLUID LEVELS
*2.5 Top Lights (both) C Q Q ..S.1 ~r Steering .
"2.6 MIrrors (all 3) C C C "6.2 Automatic Transmission
~.7 Wlndshl,Ida Q C Q "6.$ EnQir'18 00
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MetropoJIta" 'n'anelt Development lard
Parltranett R9gulatory Aclmlnl8tratlon
12!e llf1)8rlalAvenue. Suite 1000. San Diego, CA 82101-7490 (619) 557-4518
~ ~-2-~
1255 Imperial Avenue, Suite 1000
San Diego. CA 92101-7490
(619) 231-1466
FAX (619) 234-3407
A-t-r~c.ki'\U\ -r
..5
June 23, 1993
G-l 1, T 370
Mr. John Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista,' CA 91910-2631
Dear John:
This letter is to request that the City of Chula Vista enact a moratorium,
effective as soon as possible, to temporarily cease issuance of taxicab
permits. We ask that the moratorium remain in effect until the City decides ;
whether to enter into an agreement with MTOB for MTOB to license taxicabs and
other for-hire vehicles in the City of Chula Vista. It is my understanding
that a draft agreement is currently under consideration by your staff.
My request comes at this time as a result of observations and comments by a
.peer review panel. that reviewed MTOB's taxicab licensing last week. In
review of our goal for regionwide taxi permits, the panel members felt that a
moratorium would support the regional permit system.
If you have any questions, or if we can assist you or your staff, please feel
free to give me a call.
~:;:
Thomas F. larwin
General Manager
TFl:dag
l-GOSS.TFl
cc: Barbara lupro
~-'2-q
Member Agencies: .
City of Chula Vista. C'tyofCoronado. City of EI Calon. Cilyof Imperial Beach. City of La Mesa. City 01 Lemon Grove. City of National City. City of Poway. CIty of San Diego. City 01
Santee. County of San Diego. State ofCahfornia
Metropolitan Transit Development Board is Coordinator 01 the Metropolitan Transit System and is Regulatory Authority for [@JParatransit Administration
Subsidiary Corporations: rE! San Diego Transit Corporation, rm1 San Diego Trolley. Inc. and rt' San Diego & Arizona Eastern Railway Company
~ tJI.J l~ .n~
~
TInS PAGE BLANK
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~ <0-3:0
ORDINANCE NO.
.2571
AN ORDINANCE AMENDING SECTIONS 5.54.010,
5.54.030 AND 5.54.050 OF THE CHULA VISTA
MUNICIPAL CODE AND ADDING A NEW SECTION
5.54.055, RELATING TO TAXICAB REGULATION AND
LICENSING.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN
AS FOLLOWS:
SECTION I: section 5.54.010 of the Chula vista
Municipal Code is amended to read as follows:
5.54.010 Purpose-xntent.
The purpose of this chapter is to regulate taxicab operators
in the city to best serve the pUblic interest and to permit a
sufficient degree of flexibility in operation so as to allow an
increased number of vehicles to be operated under the direction and
supervision of a certified operator during peak demand hours. Any
vehicles operating and picking up passengers within the city shall
have paid the license tax and administrative fee provided in the
master fee schedule and meet all requirements for the operation as
set forth in this chapter.
It is the intent of the city to prohibit the transfer of a
certificate by an approved operator. It shall be required that any
such operator surrender his certificate to the city if he should
cease to do business within the city. It iD further the intent of
the city council that all taxicaB~ operatin~ within the city Dhall
be ~~ned by the certified operator. COrd. 2003 ~2 (part), 1982).
SECTION II: section 5.54.030 of the Chula Vista
Municipal Code is amended to read as follows:
5.54.030 Definitions.
For the purposes of this chapter, unless otherwise expressly
stated, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Certified operator" means a person authorized by the Police
Chief to operate a taxicab .or taxicabs in the city and who has
been issued a certificate for the operation of such vehicles.
B. "Driver" means every person in charge of, or operating, any
passenger-carrying or motor-propelled vehicle, either as
agent, employee, or otherwise, of owner, as owner, or under
the direction of the owner.
~ G:,-Sd
"Person" means any individual, partnership, association,
corporation or other organization owning, operating or
proposing to operate any taxicab or taxicabs within the city.
D. "street" means any place commonly used for the purpose of
public travel.
C.
.--.
E. "Taxicab" . means every automobile or motor-propelled vehicle of
a distinctive color or colors, and/or of public appearance
such as in common usage in this country for taxicabs, (e.g.,
vehicles such as pickup trucks and dune buggies would not
normally be used for taxicab purposes), and lor operated at
rates per mile, or for wait-time, or for both, and equipped
with a taximeter, used for the transportation of passengers
for hire over the public streets of the city, and not over a
defined route, and irrespective of whether the operations
extend beyond the boundary lines of the city, and such vehicle
is routed under the direction of such passenger or passengers,
or of such persons hiring the same.
G. "Taximeter" means and includes any mechanical or electronic
instrument, appliance, device or machine by which the charge
for hire of a passenger-carrying vehicle is mechanically or
electronically calculated for distance traveled and time
consumed, and upon such instrument~ appliance, device or
machine such charge is indicated by figures.
IL. "Flaq drop" means the startinq of the taximeter at the time
that the taxi is hired. Flaq drop mav also be understood to
mean the initial charge assessed at the time the taxicab is
hired.
-.
(Ord. 2408 ~1 (part), 1990; Ord. 2003 ~2 (part), 1982).
SECTION III: section 5.54.050 of the Chula vista
Municipal Code is amended to read as follows:
5.54.050 certificate-Application-Investigation required.
Before any application is acted upon, the Police Chief shall
cause an investigation to be made of:
A.
The number, kind and type of equipment and the color scheme to
be used. All vehicles, if they are more than two years of
age,. must have on deposit with the city a certification
showing that an annual inspection has been made by an
acceptable government agency or an inspection station licensed
under Section 9887.1 of the Business and Professions Code of
the state. Failure to satisfy said inspection requirements
may result in the suspension of the certificate for said
vehicle until necessary corrections have been made. Said
inspection shall be renewed on an annual basis on the
anniversary date of said two-year age limit. All vehicles
-.
-A2,9-~ <c-~~
shall be owned by the holder of the certificate. All vehioleB
shall be equipped with a light en top olearly identifyiRg the
vchiclcG ao taxioaso.
B. Applicant shall agree that he shall be the owner of said
vehicles and shall maintain said vehicles in a clean and
sanitary condition at all times. If any of said vehicles are
leased to operators by the holder of the certificate, the
holder of the certificate shall immediately provide the Police
Chief with a copy of said lease; or names of lessees holding
leases in a form previously submitted and on file; provided,
however, that such lease arrangement shall not relieve the
certificate holder of any responsibilities and obligations for
the safe maintenance and cleanliness of the vehicle which has
been leased.
(Ord. 2408 ~1 (part), 1990; Ord. 2003 ~2 (part), 1982).
SECTION IV: A new section 5.54.055 is added to the
Chula Vista Municipal Code to read as follows:
5.54.055 Xns~ection Criteria,
S~ecific criteria for taxicabs to Dass insDection shall be
determined and Dublished in policv form bv the Chief of Police or
designee. Minimum vehicle standards which must be maintained to
comply with this section shall include. but not be limited to. the
followinq:
1ll Tires. Tires shall meet the reauirements of
the California Vehicle Code: Hubcaps or wheel covers
shall be on all wheels for which hubcaps or wheel covers
are standard eauipment.
n.l Taximeter. Taximeter shall have been
inspected. tested. approved and sealed by an authorized
representative of the state of California. and thereafter
so maintained in a manner satisfactorv to the Chief of
Police or designee. Taximeter shall be working with the
inspection seal in its oriqinal. unbroken state:
11L Brakes. Brakes. brake liqhts or brake svstem
shall be operable and otherwise meet the reauirements of
the Cal ifornia Vehicle Code: Both the parkinq and
hydraulic or other brake system must be operable.
ill. Mirrors. Side and rear-view mirrors shall not
be missinq or defective:
.!.2.l Interior/Exterior. The interior and exterior of the
vehicle shall be maintained in a safe and efficient operatinq
condition. and meet California Vehicle Code requirements and
~ Cc-~3
the requirements of this Ordinance at all times when in .-.,
operation.
1..2.l. Interior. The interior of each vehicle and the
trunk or luaaaae area shall be maintained in a reasonablv
clean condition. free of foreian matter. offensive odors
and litter. The seats shall be kept reasonably clean and
without larae wear spots. The door handles and doors
shall be intact and clean. The trunk or luaaaae area
shall be kept empty except for spare tire. and personal
container for the driver not exceedin90ne (1) cubic foot
in volume and emeraencyeauipment. to allow maximum space
for passenaer luaaaae and belonainas.
121 Body Condition. There shall be no tears or
rust holes in the vehicle body and no loose pieces
hanaina from the vehicle. body. Fenders. bumpers and
light trim shall be securely fixed to the vehicle. No
extensive unrepaired body damage shall be allowed. The
vehicle shall be eauipped with front and rear bumpers.
The exterior of the vehicle ihall be maintained in a
reasonably clean condition so. as not to obscure the
approved color scheme and/or vehicle markinas.
1JU. Paint. The vehicle shall be painted and marked in
accordance with Section 5.54.260 of this Municipal Code.
-.
12L Liahts. Headlights shall be o?erable on both
hiah and low beam. Taillights. parkina liahts. sianal
liahts. and interior liahts shall all be operable.
1lQl Wipers. Each vehicle shall be eavipped with
adeauate windshield wipers maintained in aood operating
condition.
1.1ll steerina. Excessive play in the steerina
mechanism shall not exceed three (3) inches free play in
turnina the steerin9 wheel from side to side.
1.!ll Enaine. The enaine compartment shall be
reasonabl y clean and free of uncontained combustible
materials.
1.l.ll Mufflers. Mufflers shall be in aood operatina
condition.
1.lll Windows. The windshield shall be without
cracks or chips that could interfere with the driver's
Vl.Sl.on. All other windows shall be intact and able to be
opened and closed as intended by the manufacturer. The
windows and windshield shall be maintained in a
reasonably clean condition so as not to obstruct
visibility.
.-,
~ ~-~tf
l.l.2.l Door Latches.
operable from both the
vehicle.
All door latches shall be
interior and exterior of the
~ Suspension. The vehicle's suspension system
shall be maintained so that there are no saqs because of
weak or broken sprinqs or excessive motion when the
vehicle is in operation because of weak or defective
shock absorbers.
ll2l Seats. All seats shall be securely fastened.
Seat belts. when required bv the California Vehicle Code.
shall be installed. The upholstery shall be free of
arease. holes. rips. torn seams and burns.
~ Each taxicab shall be equipped with a device which
shall plainlY indicate to a person outside the taxicab whether
the taximeter is in operation or is not in operation.
il2l Each taxicab shall be assiqned a body number bv the
permit holder. The trade name and bodY number shall be
painted or permanentl v affixed in letters and numerals no less
than four (4) inches hiqh on both sides and the rear of the
taxicab.
l2Ql All taxicabs shall be equipped and o~erated so that
they may be dispatched by two-way radio communication in
response to a telephone or other request for service bv a
prospective passenqer. This requirement may not be met bv use
ofa mobile radio telephone service.
121l All vehicles shall be equipped with a liqht on to~
clearlY identifvinq the vehicles as taxicabs.
l2.ll No other aspect of the vehicle's condition
shall exist which reasonably and rationallY pertains to
the operatinq safety of the vehicle or to passenqer or
pedestrian safety.
Any vehicle which fails to meet the requirements of the California
Vehicle Code. this section or other inspection criteria as
delineated in policy form by the Chief of Police. shall be
immediatelY ordered out-of-service bv the inspectinq individual or
aqencv. Said aqency shall immediatelY inform the Chief of Police
or designee of any such actions.
Orderina a vehicle out-of-service does not constitute a suspension
or revocation of the permit. Permits for vehicles which have been
ordered out-of-service may be transferred to other taxicabs owned
bv the same company which did not carry a valid permit for the city
of Chula Vista.
Resumption of in-service status shall be contingent upon remedy of
any deficiencies or violations noted in the failed i~spection. For
J..J.4-5'- C:,-~S
all vehicles so reinstate to in-service status. the inspectinq
individual or aqency shall immediatelY inform the Chief of Police
or desiqnee of any such actions.
-
SECTION V: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Rick Emerson, Chief of Police
as to
Presented by
4
-.
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~ '-3b
COUNCIL AGENDA STATEMENT
Item Number
'1
Meeting Date 11/02/93
ITEM TITLE:
Resolution \'\ "l ~9 Approving an Extension of the Agreement
Between the City of Chula Vista and Remy & Thomas and
Authorizing the Mayor to Execute Said Agreement
SUBMITTED BY: /' AJ
Deputy City Man~ger ~,rppI6,K..-
REVIEWED BY: City ManagerJ~~~
The City of Chula Vista is the agency d~gn:d to approve consulting contracts for the
Otay Ranch. The work being requested of Remy & Thomas is to continue environmental
legal review of the Otay Ranch Environmental Impact Report (EIR) and supporting
documents. Remy & Thomas has, since November 19, 1991, provided legal assistance to the
City of Chula Vista and the County of San Diego in this area. The Agreement has been
reviewed by all parties and is acceptable to Remy & Thomas, the Baldwin Company and
City staff. The County is supportive of the scope of services to be undertaken. This is the
fourth extension (and it is anticipated that this is the final extension) of that original
contract executed in 1991. The third renewal of the contract had been approved in June
1993.
(4j5ths Vote: Yes_No X )
RECOMMENDATION: Adopt the resolution approving the Agreement with Remy &
Thomas to review and provide legal input on the Otay Ranch EIR and supporting
documents and authorizing the Mayor to sign the attached Agreement.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Remy & Thomas has provided legal support on this project since November
1991. They have been instrumental in assisting and will continue to assist in: the content and
focus of the EIR, and they are now providing assistance in review of the EIR including the
CEQA Findings, Statement of Overriding Considerations, Mitigation Monitoring Program
and the Staff Report. It will also be necessary from time to time to have Remy & Thomas
meet with staff and coordinate on Board of Supervisors and City Council referrals dealing
with legal issues on the EIR. Remy & Thomas is involved since they can focus staff on this
project in a timely manner. Because of the size of the project and the amount of time
involved, Remy & Thomas can provide initial legal expertise to both the City and County.
Because of this unique project, an objective third party legal counsel has been invaluable
in this process. Further, we would note that they offer special CEQA expertise which is not
available in-house.
,-\
Page 2, Item No. I
Meeting Date 11/02/93
This request is being made to keep the same legal team together through the hearing
process. This is especially important relative to the EIR since revised findings, based upon
final action by the Board and Council, will be necessary and Remy & Thomas has prepared
previous versions of those findings in the past. Remy & Thomas has also provided advise
about the structure of the EIR and would be best able to respond to Board or Council
questions during the hearings.
The City Attorney's office is also being utilized to ensure that the legal requirements of the
City are being observed on this project. Since this is a joint City/County review process,
Remy & Thomas has and will continue to be utilized to provide third party input and
specialized CEQA expertise. Also, Remy & Thomas has been able to focus their attention
on this project in a timely manner on fairly complex issues. This has permitted staff to
respond to the Planning Commissions and the public in a timely manner.
In November of 1991, the Otay Ranch General Manager and Baldwin requested that legal
counsel be retained to assist on the project to provide timely review and guidance on the
EIR and to serve as an initial third party reviewer of all of the environmental documents.
Remy & Thomas (Tina Thomas) was recommended by the City Attorney based on past City
experience. That recommendation was approved by the County of San Diego and the
Baldwin Company.
During 1990, Remy & Thomas was paid by the City of Chula Vista $7,380.85. During 1991,
that amount was $39,462.17. During 1992, that figure was $42,146.34. In 1993 (through
September) that figure was $61,349.80. This request is for an additional $50,000.00 in
services from September through November 1993.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista because the
Baldwin Company will be funding this scope-of-work ($50,000.00) through their monthly
deposit to the Otay Ranch trust account.
Attachments
memos#5:\R&TAl13b.ajl
"1-"2.
CONTRACT HISTORY
Original Contract, dated November 19, 1991, for $20,000.00 ending June 30, 1992.
First Renewal of Contract, dated October 29, 1992, for $20,000.00 ending December 31,
1992.
Second Renewal of Contract, dated December 15, 1992, for $20,000.00 ending April 30,
1993.
Third Renewal of Contract, dated June 9, 1993, for $30,000.00 with no ending date.
1-~/1-tI
RESOLUTION NO.
/?~?l1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
REMY & THOMAS FOR LEGAL CONSULTING SERVICES
FOR THE OTAY RANCH PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the city of Chula Vista is the agency designated
to approve consulting contracts for the Otay Ranch; and
WHEREAS, Remy & Thomas is requested to continue to
perform consulting services regarding environmental legal review of
the Otay Ranch Environmental Impact Report and supporting
documents; and
WHEREAS, the agreement has been reviewed by all parties
and is acceptable to Remy & Thomas, the Baldwin Company and the
City and the County is supportive of the scope of services to be
undertaken; and
WHEREAS, this fourth extension is anticipated to be the
final extension of that original contract executed in 1991.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an extension of the
agreement between the City of Chula vista and Remy & Thomas for
legal consulting services for the Otay Ranch Project, a copy of
which is on file in the of~ice of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by AP~F~~"ed as to! f?rm by ,(I
/ ./ :// / /
L;~ !/i,Jr~_~
Bruce M. Booga , ~ity '~
Attorney )
George Krempl, Deputy City
Manager
C:\RS\Remy&Thomas
7-::) /7-6
Renewal of Agreement with
Remy and Thomas
for Legal Consulting Services
This Agreement is made this 13th day of October, 1993, for the purposes of reference
only, and effective as of the date last executed between the parties, between the City of Chula
Vista (" City") herein, a municipal corporation of the State of California, and Remy and Thomas,
a professional law firm ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City and County of San Diego desire to employ a law firm with expertise
and experience in reviewing environmental documents for compliance with the guidelines and
procedures of the California Environmental Quality Act (CEQA) in reference to the Otay Ranch
Project; and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
Agency within the time frames herein provided all in accordance with the terms and conditions
of this Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
a. General Duties
1. Consultant shall review environmental documents prepared by the City or
their consultants consisting of a Program Environmental Impact Report for
compliance with CEQA and advise City/Otay Ranch Project Team staff
as to necessary and relevant changes that may be required; and
11. Consultant shall provide guidance to City staff as to processing of all
supporting environmental documents to assure compliance with CEQA
requirements such as the Findings, Statement of Overriding Considerations
and Mitigation Monitoring Program; and
111. Consultant shall provide legal advice to City staff to defend litigation
predicated upon alleged deficiencies in environmental documents or
improper processing of said documents.
1
)-,
(the duties of the Consultant as herein in this section contained may hereinafter be
referred to as "General Duties"); and
b. Scope of Work and Schedule
Work assignments under this Agreement will be issued on an as needed basis.
The schedule will be agreed upon at the time that the tasks are assigned.
c. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Consultant has the
coverage under public liability, property damages and errors and omissions
insurance policies which this Agreement requires to be demonstrated in the form
of a certificate of insurance.
Consultant will provide, prior to the commencement of services required under
this Agreement, the following certificates of insurance to the Agency:
Statutory Worker's Compensation coverage plus $1,000,000.00 Employers
liability coverage.
General and Automobile Liability coverage to $1,000,000.00 combined single
limit, and which is primary to any policy which the Agency may otherwise carry
("primary coverage"), and which treats the employees of the Agency in the same
manner as members of the general public ("cross liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class V",
or better, or shall meet with the approval of the Agency's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty
(30) days written notice to the Agency.
2
1-'6
...~____.............__--....-"_~.,..."_~..,_~..........,._......_~.~,.",_."".<,~,..",.,_"~,"_,_.~",H~',"'~,"_". . ,.__,.,_,. ,,,,,"-,_,,,,,~,,""_~__'_"_ _'''''''''_''~''~'~''''__>',^'UAA'~'';'__'.'~_~'_______''~__''''~'.
2. Duties of the City:
a. Consultation and Cooperation
City agrees to provide information, data, items, and materials as may be required
by Consultant in order to carry out Consultant's duties under this Agreement.
b. Compensation
1. The City hereby agrees to pay an hourly fee of $195.00 to attorneys
Michael H. Remy, Tina A. Thomas, J. William Yeates and James G.
Moose and an hourly fee of $150.00 to attorneys Whitman F. Manley,
Matthew R. Campbell and John H. Mattox. Services of Land Use
Analyst, Georganna Foondos, will be billed at the hourly rate of $75.00.
Time for research done by a law clerk or paralegal will be billed at an
hourly rate of $50.00. Attorney time for travel shall not be billed to City
unless same is also actively spent in the rendition of legal services.
11. In addition to the above attorney fees, City hereby agrees to pay to the
attorney all applicable costs, such as: filing fees, copying costs at $0.25
(25 cents) per copy, mileage costs at $0.35 (35 cents) per mile; printing
costs by a professional printer, as charged, long distance phone charges,
as charged; postage charges, as charged; reimbursement for lodging and
meal expenses in instances requiring out of county travel including but not
limited to any costs involving common carriers (e.g., airplane), and all
other agreed upon costs or expenses related to this matter.
111. Consultant shall not incur costs or billings which, in total, exceed Fifty
Thousand Dollars ($50,000.00) without further written approval of the
City.
IV. It is understood that the City has established the 0tay Ranch Trust Fund
to account for and pay all expenses from deposits made by the project
proponent, Baldwin Vista, Ltd. If there is a default of the proponent,
compensation for the services performed shall be paid only from deposited
monies and from no other asset or resource of the City, a special
obligation which is not a burden upon, or appropriated from, the General
Fund of the City.
c. Additional Scope of Work
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the General Duties
and Scope of Work (n Additional Services"), and upon doing so in writing,
3
I-~
....._..~.,"_.~~.,'".._'''~"."'..,_..^'.,d'~.'.'~_,,_,,_~~~~_~__~__.____,__
Consultant shall perform same on a time and materials basis at the rates set forth
in Section 2b. All compensation for Additional Services shall be paid monthly
as billed.
3. Administration of Contract
The City hereby designates the Otay Manager, or his designee, as its representative for
the coordination and administration of the work performed by Consultant herein required.
Copy of all correspondence will be provided to the City Attorney, and important legal
decisions or conclusions will be reviewed by the City Attorney.
4. Term
Consultant shall perform all of the Defined Services herein required of it as may be
required until the billing of the cumulative total amount authorized under this Agreement
is reached.
5. Financial Interests of Consultant
Consultant warrants and represents that neither she, nor her immediate family members,
nor her employees or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in property which would constitute a conflict of interest
or give the appearance of such conflict in relation to the projects identified in this
Agreement.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that neither Consultant nor her immediate family members, nor her
employees or agents, shall acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any part to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this
Agreement.
6. Hold Harmless
Consultant agrees to defend, indemnify, and hold harmless the City from and against all
liability, cost and expense (including without limitation attorneys' fees) arising from loss
of or damage to any property whatsoever or injury to or death of any person whomsoever
4
1- \0
.0 ._......_,___~__~.,,_~~~._~~,~~.~...--...-~--"'_._"""'~.___,__"_..........~'".~_.~____.,.~..~_=,,=,_..........~,~,~......< .""""'''-'''-''-''''"-r'''''-''''~~~''''~---'''-----
caused or alleged to be caused or occasioned by the negligent act or omission of
Consultant or any agent or employee of Consultant arising out of or in connection with
this Agreement or the work to be performed by Consultant hereunder, except to the
extent such liability, cost or expense is caused by the negligence of the City.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option
of the City, become the property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amount payable hereunder, and less any damages caused City by Consultant's breach.
8. Errors and Omissions
In the event that the City Manager or his designee determines that the Consultant's
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions in the plans or contract specifications, Consultant and City
shall select a mutually acceptable arbitrator with legal and technical expertise in
preparing EIRs and in the application of CEQA to determine whether Agency shall be
reimbursed for the additional expenses incurred by the City including engineering,
construction and/or restoration expense. Nothing herein is intended to limit City's rights
under other provisions of this Agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason for giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just an equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
5
1- \ \
10. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City which City may
unreasonable deny.
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be
the sole and exclusive property of the City. No such materials or properties produced
in whole or in part under this Agreement shall be subject to private use, copyrights or
patent rights by Consultant in the United States or in any other county without the
express written consent of Agency. City shall have unrestricted authority to publish,
disclose as may be limited by the provisions of the Public Records Act, distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contract with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent contractor
and shall not be deemed to be an employee of the City, and none of them shall be
entitled to any benefits to which City employees are entitled including, but not limited,
overtime, retirement benefits, workers compensation benefits, injury leave or other leave
benefits.
13. Responsible Charge
Consultant hereby designates Tina A. Thomas shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for
this position shall be allowed without written approval from the City.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement against the Agency
unless a claim has first been presented in writing and flied with the Agency of the City
of Chula Vista and acted upon in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to time be amended,
6
)-\2-
the provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with Agency for
the purpose of resolving any dispute over the tenns of this Agreement.
15. Statement of Costs
In the event that Consultant prepares a report or document, or partICIpates in the
preparation of a report or document as a result of the scope of work required of
Consultant, Consultant shall include, or cause the inclusion, in said report or document
a statement of the numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
16. Miscellaneous
a. Consultant Not Authorized to Represent City
Unless specifically authorized in writing by Agency, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
b. Notices
All notices, demands or requests provided for or pennitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt requested, at the
address identified adjacent to the signatures of the parties represented.
c. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the part against which enforcement of such
amendment, waiver or discharge is sought.
d. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction fonn its principal to enter
7
)-\~
, ""-"-"'+""""'-~"-'''''-'''''''-''-'-'.''~'-~-_.~-~~--..-..-----
into this Agreement; that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
e. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City of Chula Vista.
f. Attorney Fees
Should a dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of that claim,
including costs and attorney fees.
[End of page. Next page is signature page.]
8
1-),-*
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Signature Page to
Agreement with Remy and Thomas
for Legal Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement this _
day of , 1993.
CITY OF CHULA VISTA
By:
Tim Nader
Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to form:
Bruce M. Boogard,
City Attorney
Remy and Thomas
By: 217'7';, /;/) n d~l
Tina. A. Thomas
3061396A.OOl \RET AINER
9
\-\5
CITY COUNCIL AGENDA STATEMENT
Item ?
Meeting Date 11/02/93
B)
Resolution \i ~t) Accepting bids and
awarding contract for the construction of the
South Chula vista Library in the City of Chula
vista, CA (LB-125)
Resolution \~q~ccePting Change Order #1,
reducing the scope of work and reducing the
bid amount by $464,783
Director of Public Works ~
Library Director 8t\f
city Managef!J
( 4/ 5ths Vote:
Yes_No---2L)
ITEM TITLE:
A)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on September 22, 1993, the Director of Public Works
received sealed bids for the "South Chula vista Library". The work
to be done consists of site grading and improvements, the
construction of the Library Building, communication system and
landscaping.
RECOMMENDATION: That the City Council adopt the attached two
Resolutions which (1) accepts the bids and awards the contract
reduced by all deductive alternates to Douglas E. Barnhart, Inc. in
the amount of $6,437,984; and (2) accepts Change Order #1, reducing
the scope of work and reducing the bid amount by $464,783.
BOARDS/COMMISSIONS RECOMMENDATION: It is anticipated that the
Library Board of Trustees will have a favorable review of the Award
of Bid and Change Order #1 at their meeting on Wednesday, October
27, 1993. Due to time constraints, minutes of that meeting are not
attached.
DISCUSSION:
Historical Backqround
On April 23, 1991, the city of Chula vista was awarded a $6,747,528
Library Construction and Renovation Bond Act (proposition 85) to
construct the South Chula Library. On June 9, 1992 Council
approved a contractual agreement with LPA, Inc. for architectural
services. During the next year, Library staff worked with the
architects on the design of the library. On July 19, 1993 the
California State Library gave their final approval of the project's
Working Drawings allowing the bids to be advertised on August 14,
1993. A Prebid Conference was held on August 25, 1993 and bids
were opened on September 22, 1993.
~ - )
Page 2, Item f'
Meeting Date 11/2/93
Description of Work
The Project located at the southeast corner of 4th and Orange
Avenues, includes the following:
1. site clearing, demolition, grading, and compacting.
2.
site improvements
landscaping and
lighting.
including
irrigation,
paving, curbs, marking,
drainage, power, and
3. Construction of a Type V Non-Rated, fully fire-
sprinklered, library facility, one story in height, with
a gross area of approximately 37,000 square feet.
4. Interior finishes and improvements, to the extent
indicated on the contract documents.
5. Low voltage and communication systems: including book
theft detection system, data and communications cabling,
intrusion detection/access control, fire alarm, local
area network, public address system, audio visual
systems, and cable satellite systems.
Bid Results
The proj ect was advertised between August 14 and September 22,
1993. On the bid opening date, bids were received from seven
contractors.
The low bid of $6,553,355 was received from Douglas E. Barnhart,
Inc. of San Diego and was $555,977, or 9.27%, over the Library
budget. The bid included four deductive alternates:
1. Substitute temperature control system ($15,000)
2. Delete entry court fountain ($18,871)
3.
Delete stack lighting support fixtures
furniture package $72,000)
(moved to
4. Delete light fixture E in skylights ($9,500)
Barnhart's bid for the four deductive alternatives totalled
$115,371. After subtracting the deductive alternates, Barnhart's
final bid was $6,437,984. Even after subtracting all deductive
alternates from each of the seven bids, Barnhart remains the low
bidder. The chart on the next page lists the bids received, minus
the deductive alternates, in the order of the lowest bidder first.
g -2
Page 3, Item ~
Meeting Date 11/2/93
CONTRACTOR BID AMOUNT
1- Douglas E. Barnhart, Inc. , San $6,437,984
Diego
2. FCC Construction, San Diego $6,460,208
3. Nielson Construction Co., San $6,498,100
Diego
4. Taylor Ball, La Mesa $6,564,000
5. Swinerton & Walberg Co. , Los $6,582,100
Angeles
6. Soltek, San Diego $6,693,853
7. Shimizu American Corp. San Diego $7,053,300
Barnhart's references have been checked and are favorable.
Barnhart is a well known local contractor which recently
constructed the poway Center for the Performing Arts, the School of
Creative and Performing Arts in National City and the Murrieta High
School.
General prevailinq Waqes
The bid documents for this project require the Contractor to offer
sufficient portion of the work to Disadvantage Business Enterprises
(DBE), which include minority and women owned business enterprises.
Chula vista has set a goal of 15% of the work for MBE participation
and 1% for WBE participation for all contracts using federal funds.
Douglas E. Barnhart, Inc. has satisfied the DBE participation
requirements by achieving a 15.8% minority business and 1% women
business participation.
We have reviewed the low bid and recommend awarding the contract to
Douglas E. Barnhart, Inc.
Attached is a copy of the contractor's Disclosure Statement
(ATTACHMENT A) .
FUNDS REQUIRED FOR CONSTRUCTION
1- Contract Amount $6,437,984
2. Contingencies (10.2%) $659,185
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $7,097,169
?,3
Page 4, Item ~
Meeting Date 11/2/93
FUNDS AVAILABLE FOR CONSTRUCTION
1- RCT $67,000
2 CDBG $595,696
3 . GRANT $6,434,000
4 DIFLBRY $473
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $7,097,169
Chanqe Order #1
Although CIP Project LB125 has sufficient funds to award the bid at
$6,437,984, the low bid in effect, would still bring the project
over budget. Therefore, the Project Team recommends issuance of
Change Order #1 which effectively reduces the scope of work and
associated costs (ATTACHMENT B). The change order falls well below
the 25% constraints of section 3-2.1 of the Green Book. The Change
Order is divided between Exhibit "A" (Site/Building) and Exhibit
"B" (Low Voltage systems) and totals $464,783. This change order
will bring the project within budget but will not compromise the
functionality or building program requirements as mandated by the
California State Library. The change order is a result of careful
value engineering by the Project Team, which has been approved by
the California State Library as required. The credits achieved in
Change Order #1, of $464,783, are needed for other aspects of the
project, specifically equipment mandated by the Proposition 85
Grant award.
Exhibit A constitutes a reduction in scope, valued at $344,011, of
building and site-related items. They include changes in some of
the interior wall and floor coverings, a change from flagstone to
exposed aggregate concrete in the exterior entrance courtyard, and
transferring some work (such as exterior lettering) to the
appropriate furniture/signage package. In addition, some
landscaping details were changed, copper patina acceleration was
deleted, and graffiti coating in staff interior areas was
eliminated. The design of the intrusion detection, fire alarm and
public address systems have been simplified, but still continue to
exceed code requirements.
Exhibit B constitutes a reduction in scope, valued at $120,772, of
low voltage systems. Changes include simplifying the design of the
audio visual system and the local area network. Some of the
equipment associated with the book theft detection system was also
transferred to the equipment budget.
P'4
"_WH"'~~'._~~'''_'~___>~'~~'''''~~''''---..'-''''~-~__~"''.~_"''-'~._~<.^'...~..,''''."~O".~_,_._~~,_~~__-...,~_,_........--....,~--
Page 5, Item f
Meeting Date 11/2/93
The proposed contractor represented that he will not object to the
price adjustment proposed by the Project Team.
As a result of Change Order #1, the DBE participation increases to
17% minority owned business and 1.4 women owned business.
Environmental status
A Negative Declaration pursuant to CEQA requirements for this
project was prepared in 1989. This document was for the purchase
of the property at Orange and Fourth Avenues and development of the
site as a library, including the improvement of Orange and Fourth
Avenues. Subsequently, an addendum to the Negative Declaration for
utilization of the site as a library under Case No. IS-89-79A was
filed with the County Clerk's office. The Negative Declaration and
the addendum concluded no significant environmental impact.
FISCAL IMPACT: This action would authorize the expenditure of
$7,097,169 of previously appropriated funds. with Change Order #1,
the actual authorized expenditure will be $6,632,386. After
construction, Library operation and routine City maintenance will
be required.
~. S--
C-l
C-2
A1.l
LC-l
LC-2
Al.3
A2.7
A2.8
EXHIBIT A ANNOTATIONS
SITE/BUILDING VALUE ENGINEERING
SOUTH CHULA VISTA LIBRARY
Eliminates two existing pepper trees which were saved
originally because the design architect, Ricardo
Legorreta, wanted to include them as an integral part of
the first design (when the front door faced south). When
that design changed, the trees moved to the parking lot
and are no longer of any particular value.
A simplified drainage detail.
Replaces flagstone in the exterior entry courtyard and
amphitheater with exposed aggregate concrete.
Eliminates a concrete bench and wall at the amphitheater
area.
The exterior lettering is being moved to the
furniture/signage package, thus integrating the exterior
signage with interior signage.
Eliminates flagstone baseboard in some of the offices,
the a bookstore (which would not need baseboards anyway
due to the bookshelves), and back-of-the-house areas that
are not visible to the public.
Provide rubber base-boards in rooms listed above.
Eliminates the interior only graffiti coating. The vast
majority of interior wall space is in non-public areas or
higher than a person can reach. The bathrooms are all
tile and are therefore not effected by this change. The
exterior coating remains. Except for restrooms, the
Library has had no experience with interior graffiti in
its present building.
These are tackable surfaces that are also in Marshall's
furniture package and therefore to be eliminated here.
Eliminates resilient flooring in a back of the house area
(storage or custodian's room). Now will be a sealed
concrete floor, just like in current library.
A Change in all restroom tile from an $8
product to a $4 a square foot product.
looks very similar to the original tile
good quality product.
a square foot
The new tile
and is a very
The built in shelving has been moved to the furniture
package.
~..~
A3.1
A3.2
A3.3
A3.4
A4.1
A4.2
Eliminate acoustic wall covering in Children's staff work
area replaced by plaster wall.
Eliminate sheet vinyl flooring from telejdata room,
office storage room, custodial area and general storage
room (non-public areas). Leaves bare concrete.
Change from acrylic wall to taped gyp board in multi-
purpose storage room, children's area storage room,
telejdata room, custodial area and general storage room.
Eliminate sheet vinyl flooring in children's area
storage room. Leaves bare concrete.
Eliminate stone 'base boards in certain areas.
Eliminate ceramic steel column covers in children's
This product was called for because it is
destructible (it is used on the space shuttle).
columns will now be painted.
room.
non-
The
Moves certain mill work to the furniture package.
Changes flooring in part of staff lounge from flagstone
to vinyl.
Eliminates one tall narrow window and replace with a
square window typical to the detail at that elevation.
Eliminates glazing on north facing windows only. This
was originally designed for detailing consistency only
and the change does not effective Title 24 calculations.
At north elevation change from laminated glaze (not
needed because glare will not be a problem in this area)
to clear glaze.
Ricardo Legorreta has requested these clerestory windows
be removed from browsing. still have skylights.
Had originally planned to use ceramic steel as mirrors in
restrooms. However, it was discovered that the product
is much more expensive than anticipated and cannot be
polished to a mirror-like surface without great expense.
Replace with small mirrors in restrooms.
Eliminates an unnecessary construction detailing in the
design of the circulation desk support system (at
architects request).
Eliminate flagstone at back of desk in Technology Users
Center.
8q
A5.1
A5.3
A6.1
A6.2
A6.3
LP-4
The design of the browsing area fountain included a
bubbler and bowl which extended into the hallway across
from the bookstore. It has been discovered that this
bubbler and bowl (only) is not allowed, as designed, per
the Americans with Disabilities Act. The elimination of
the hallway bubbler and bowl will in no way effect the
browsing area fountain.
Eliminates small barrel vaults, designed for
architectural interest, in the men's and women's
restrooms.
Moves certain design features to the furniture package
Change from cherrywood sill to plaster at the book store
display case
Eliminates gypsum board or acoustical lay-in ceilings and
hung light fixtures in back-of-the-house storage
rooms.
Funding for the landscape and irrigation in 4th and
Orange medians and along the sidewalks is part of the
Engineering Department's street widening project. It had
been included in this bid for ease of coordination.
Engineering will take the portion back over and oversee
the landscaping along the ROW.
Reduces the size of tree boxes from 36 inches to 24
inches. This has become a common practice and due to the
landscaping market, the client still is getting 9 to 11
foot tall, well formed trees.
Deletes copper roof patina acceleration. Roof will now
patina in a natural manner.
All around the building EMT conduit and wire will be
replaced by metal jacketing wire which is less expensive,
easier to install and also meets code.
Simplify sprinkler system control using Irri trol MC Plus.
Eliminate termite protection which Project Team's
assessment determined was unnecessary.
The Project Manager has been able to obtain additional
credits for two of the deductive alternates (the stack
light support system and the lights in the skylight).
The contractor misunderstood a concrete detailing and
over estimated the price.
~..r
17720
17721
17770
The architects have discovered a vendor that can supply
carpet as specified at a cheaper price.
Simplifies the design of the intrusion detection system
by decreasing the number of interior motion detectors.
Changes the sprinkler system from a dry stand pipe to a
more standard wet system (per code). still retains
automatic smoke detection system (exceeds code).
Reduces the number of public address speakers from 175 to
approximately 80 in the building. will still provide
quality sound.
8.- ,
/.,~_..
Ii'
INFORMATION MEMORANDUM
SUBJECT:
November 2, 1993
Councilmember Leonard Moore ~~ ~
John Goss, City Manager:rG 7
David Palmer, Library Director ~
South Chula Vista Library
DATE:
TO:
VIA:
FROM:
In response to your questions regarding the South Chula Vista
Library Change Order #1:
Color in the Concrete: The Project Manager indicates that
this was strictly a misinterpretation of the specification
which calls for the perimeter concrete mixture to have 8
ounces of color per truck load. The contractor misinterpreted
the spec and estimated a far greater amount. The building
perimeter concrete will have a grey tint per the architect's
specif ications. The concrete in the parking lot will actually
be a different color.. . sunset. And the asphalt will be black.
Number of Pyramids and Number of Light Fixtures Eliminated in
Deductive Alternate #4: There are 12 pyramid type skylights
which house 21 type E light fixtures. These light fixtures
will be eliminated under this deductive alternative. The
light fixtures were for architectural effect only and were
intended to shine up the pyramid's skylight.. . providing an
outside glow. The removal of the fixture will mean less glow
outside.
HVAC Management System: The energy management system that
will replace the Train System (Deductive Alternate #1) is from
Landis and Gyr. Gregg Hanson, Building Services Superintendent,
and his staff have reviewed the equipment in operation at another
site. They feel that this substitution is for a system of equal
quality for less money, and Gregg is comfortable with this change.
cc: Mayor/Council
,~/()
RESOLUTION NO.
/7J.90
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF THE SOUTH
CHULA VISTA LIBRARY IN THE CITY OF CHULA
VISTA, CA. (LB-125)
WHEREAS, at 2:00 p.m. on September 22, 1993, the Director
of Public Works received the following seven bids (reduced by the
deductive alternates) for the "South Chula vista Library":
Contractor
Bid Amount
Douglas E. Barnhart, Inc., San Diego
FCC Construction, San Diego
Nielson Construction Co., San Diego
Taylor Ball, La Mesa
Swinerton & Walberg Co., Los Angeles
Soltek, San Diego
Shimizu American Corp., San Diego
$6,437,984
$6,460,208
$6,498,100
$6,564,000
$6,582,100
$6,693,853
$7,053,300
WHEREAS, the low bid received from Douglas E. Barnhart,
Inc. has been reviewed by staff and is acceptable; and
WHEREAS, the bid documents for this project require the
contractor to offer sufficient portion of the work to Disadvantage
Business, which include minority and women owned business
enterprises; and
WHEREAS, a Negative Declaration pursuant to CEQA require-
ments for this project was prepared in 1989 for the purchase of the
property at Orange and Fourth Avenue and development of the site as
a library; and
WHEREAS, subsequently, an addendum to the Negative
Declaration for utilization of the site as a library under Case No.
IS-89-79 was filed with the County Clerk's office and the Negative
Declaration and the addendum concluded no significant environmental
impact.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept said seven bids and
awards the contract for the construction of the South Chula vista
Library in the City of Chula Vista, with all deductive alternates,
to Douglas E. Barnhart, Inc. in the amount of $6,437,984.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized to execute said c ract for and
on behalf of the City of Chula vista.
~.
Presented by
Approv~d as
David Palmer, Library Director
C:\rs\library .bid
Brur:e M.
[) /I-J
RESOLUTION NO.
)7~~J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING CHANGE ORDER #1,
REDUCING THE SCOPE OF WORK AND REDUCING THE
BID AMOUNT BY $464,783
WHEREAS, although CIP Project LB125 has sufficient funds
to award the bid at $6,437,984, the low bid in effect, would still
bring the project over budget; and
WHEREAS, Change Order #1 between the City and Douglas E.
Barnhart, Inc. effectively will reduce the scope of work and
associated costs; and
WHEREAS, the change order falls well below the 25%
constraints of section 3-2.1 of the Green Book; and
WHEREAS, the change order is divided between Exhibit "A"
(Site/Building) and Exhibit "B" (Low Voltage Systems) and total
$464,783; and
WHEREAS, this change order will bring the project within
budget but will not compromise the functionality or building
program requirements as mandated by the California State Library;
and
WHEREAS, the credits achieved in Change Order #1 of
$464,783, are needed for other aspects of the project, specifically
equipment mandated by the Proposition 85 Grant award.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept, approve and direct
issuance of Change Order #1, reducingt~e scope~ 0 work and
reducing the bid amount by $464,783.
Presented by APpr(~~d as t* for by ('
" . \
i( l '
/;1~ \ 1\ '. ~ !
c. , I VIe"
Attorney .
\
'''-
David Palmer, Library Director
Director
C:\rs\lib.col
? g --- J
COUNCIL AGENDA STATEMENT
Item '1
Meeting Date 11/2/93
SUBMITTED BY:
Resolution / '? ~ 'j 2 Requesting the SANDAG Board, acting as
the Regional Transportation Commission, to authorize additional
expenditures of TransNet funds for the Metropolitan Transit
Development Board (MTDB),
Director of PUbliC. wor~
City Manager~ ~~
(4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
The Metropolitan Transit Development Board (MTDB) operates San Diego Transit and San
Diego Trolley. Both systems are facing substantial operating shortfalls in FY 1994 and FY
1995. The SANDAG Board, acting as the Regional Transportation Commission, administers
TransNet funds which include a transit component, consisting of 80 percent for capital
expenditures and 20 percent for operating expenditures. (TransNet funds are divided into 3
components: one-third for transit operations and expenditures; one-third for local streets and
roads; and one-third for regional roads.) The MTDB Board is requesting the Regional
Transportation Commission to permit MTDB to borrow $1.2 million from future TransNet
operating funds to assist MTDB in its FY 1994 budget shortfall for San Diego Transit and San
Diego Trolley. MTDB staff estimates that $1.2 million is needed for the remainder of FY
1994 in order to prevent extensive service reductions.
RECOMMENDATION: That Council adopt a resolution supporting MTDB's request to the
Regional Transportation Commission to permit MTDB to borrow future TransNet transit
operating funds to supplement operating funding shortfall for FY 1994.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 28, 1993, the MTD Board requested the Air Pollution Control Board (APCB)
for $1.7 million in AB 2766 funds (Vehicle Registration Fees) to offset anticipated FY 1994
operating shortfalls for San Diego Transit and San Diego Trolley. The APC Board denied the
request for operating funds, but authorized the use of $1.7 million for capital expenditures
related to new fuel efficient buses that would contribute to the region's air quality
improvement.
At the October 14, 1993 MTD Board meeting, the Board directed its staff to approach
SANDAG and the Regional Transportation Commission to commit TransNet funds for the San
Diego Transit and San Diego Trolley operating shortfalls. MTDB anticipates a deficit of $1.2
million in operating funds for the remainder of FY 1994. The Board is requesting the Regional
Transportation Commission to authorize an advance of future TransNet transit operating funds
9-)
Page 2, Item Cj
Meeting Date 11/2/93
to MTDB this fiscal year in order to prevent extensive service reductions for San Diego Transit
and San Diego Trolley. This advance of TransNet operating funds, combined with the Air
Pollution Control Board's decision to permit AB 2776 funds for capital purchases will provide
the following benefits to MTDB:
Cover current operating subsidy shortfall.
Permit the MTD Board's Operating Revenue Steering Committee to
work out a longer range solution to the region's public transportation
funding problem.
Provide new replacement buses with clean engines to improve air quality.
TransNet monies available to MTDB must be expended as follows:
At least 80% must be used to implement Trolley capital facilities and expansion.
The remaining 20% must be used to subsidize monthly regional transit passes
for seniors, disabled, and youth. Any remaining monies may be used for transit
operating subsidy. The 20% TransNet monies available this fiscal year is
approximately $5.6 million with $5.1 million used for regional pass subsidies.
FISCAL IMPACT: The City of Chula Vista does not receive TransNet transit funds. Both
Chula Vista Transit and HandYtrans are funded with Transportation Development Act (TDA)
Article 4.0 and 4.5 funds. One-third of TransNet funds are dedicated in this region for transit
purposes, 80 percent for capital expenditures and 20 percent for operating expenditures. The
TransNet transit funds are primarily used for San Diego Trolley construction and for operations
support of San Diego Transit and the trolley.
File No.: DS-032
WPC F:\home\engineer\billg\1411.93
9-c2
RESOLUTION NO.
/7 02 '9~
RESOLUTION OF
CHULA VISTA
ACTING AS
COMMISSION,
EXPENDITURES
METROPOLITAN
THE CITY COUNCIL OF THE CITY OF
REQUESTING THE SANDAG BOARD,
THE REGIONAL TRANSPORTATION
TO AUTHORIZE ADDITIONAL
OF TRANSNET FUNDS FOR THE
TRANSIT DEVELOPMENT BOARD (MTDB)
WHEREAS, the people of the City of Chula vista
directly from the provision of reliable regional
transportation service provided by San Diego Transit and
Diego Trolley; and
benefit
public
the San
WHEREAS, such public transportation service is an
important factor in meeting the San Diego region's air quality,
congestion management, and social and economic goals; and
WHEREAS; transit financing from state and federal sources
has been reduced this year, resulting in insufficient funds to
continue existing levels of transit service, and
WHEREAS, the Metropolitan Transit Development Board is
seeking alternative financing to avoid potentially catastrophic
cuts in transit service; and
WHEREAS, the SANDAG Board, acting as the Regional
Transportation Commission, administers TransNet funds, which
include a transit component consisting of 80 percent reserved for
capital expenditures and 20 percent reserved for operating
expenditures; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby request the Regional
Transportation Commission to adjust the TransNet transit
expenditure plan to advance future fiscal years' operating funds to
MTDB for operations' purposes in order to preserve as much of the
present transit service as practical.
John P. Lippitt, Director of
Public Works
, City
Presented by
c: \rs\sandag .mtb
9-3
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / 0
Meeting Date 11/2193
Resolution I 7:l. 9...3 Approving Replacement Subdivision Improvement
and Supplemental Subdivision Improvement Agreement for Chula Vista Tract
88-3, Eastlake Greens Phase 1 B/C, Unit 8, and authorizing the Mayor to
execute same
SUBMITTED BY:
Director of Public W or~ti{
City ManagerJ~ ~ ~
(4/5ths Vote: Yes_No X)
REVIEWED BY:
Fieldstone Fairway Ridge Limited Partnership has notified the City that the fee interest in 73
remaining undeveloped lots in the Eastlake Greens, Unit 8 are to be purchased by them from Century
American Corporation. They, therefore, have requested that the original subdivision improvement
agreement and supplemental subdivision agreement be replaced with new agreements signed by them.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Fee title to Lots 1 through 17 inclusive, 32 through 86 inclusive, and 96 of the Eastlake Greens, Unit
8 development are in the process of being conveyed from Century American Corporation to
Fieldstone Fairway Ridge, L.P. Fieldstone has requested that the original subdivision improvement
agreements be replaced with a new agreement executed by them. Fieldstone has .submitted faithful
performance and labor and material bonds for all the remaining public improvements required by the
City in connection with the subdivision. The new amounts are less than the original bond amounts
because part of the improvements have been completed. A replacement monumentation bond has
also been submitted. The cost estimates used to determine the bond amounts have been reviewed
and approved by staff. Bond amounts are as follows:
Faithful Performance
Labor and Material
Monumentation
$58,200
58,200
19,000
Fieldstone Fairway Ridge has executed and submitted a Replacement Subdivision Improvement and
Supplemental Subdivision Improvement Agreement. It has been reviewed by the City Attorney and
found acceptable and ready for Council approval.
~O'Isc~\l
Attachments: Exhibit A, Disclosure Statement SIA, SSI Agreement.
FISCAL IMP ACT: None.
GF:File No. EY 324
WPC F:\home\engineerlagenda\1369.93
JCJ-j
RESOLUTION NO.
) 7:2;J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REPLACEMENT SUBDIVISION
IMPROVEMENT AND SUPPLEMENTAL SUBDIVISION
AGREEMENT FOR CHULA VISTA TRACT 88-3, EASTLAKE
GREENS PHASE 1 BjC, UNIT 8, AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, Fieldstone Fairway Ridge Limited Partnership has
notified the City that the fee interest in 73 remaining undeveloped
lots in the Eastlake Greens, unit 8 are to be purchased by them
from Century American Corporation; and
WHEREAS, they, therefore, have requested that the
original subdivision improvement agreement and supplemental
subdivision agreement be replaced with new agreements signed by
them; and
WHEREAS, Fieldstone Fairway Ridge has executed and
submitted a Replacement Subdivision Improvement and Supplemental
Subdivision Improvement Agreement which has been reviewed by the
City Attorney and found acceptable and ready for Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve Replacement Subdivision
Improvement and Supplemental Subdivision Improvement Agreement for
Chula vista Tract 88-3, Eastlake Greens Phase 1 BjC, unit 8, a copy
of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Replacement Subdivision Improvement and Supplemental Subdivision
Agreement for Chula vista Tract 88-3, Eastlake Greens Phase 1 BjC,
unit.
C:\rs\ELlB/C.rep
Approy'ed as to form/by
, j' /
/ < /(/ . ('< . /
I ~V i 'drH1~\
Bruce M. Boogaard, cit~
Attorney I I
L/
Presented by
John P. Lippitt, Director of
Public Works
/tJ- c2
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CIV I L EH6 lNEERS : ~I" CONSU. TANTS : SUNEYORI
EASTLAKE GREENS 5620 FRIARS ROAO SAil OIElO. 'Al-I'O.1l1A 12110 (t.t) "1'.7n
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CRAIG. BULTHUIS & STEL TEL NO.619-2972745 Oct 12.93 13:08 P.03
.. '. THE CITY OF CHUU J.'7STA PARTY DISCLOSURE STA.7'EMENT
Stotemenl of disc]o&ur~ ot cerU~fn ownershIp interests, paYm~ntSt or campaign contributions. on aJJ matters
which will require discrctit)rt~ry Bction on the parr of the Chy Council, Planning Cornmfsdon, and all other
~fflcinl bodlel. The fo1Jo\\ing inCormlltlon mUlt be dJseJosed:
.
1. Ust the nam=J of 111 J)ersons having , financial mterclt In ~e'=. I.e., contractor.
subcontractor. n"terJallSupplier.
SEE ATTACHED
LIl.
2. If any person fc3entifjcd purs\Jant to (1) above is a corpbrotlon or partnership, llst the names of aU
Individuals ownfna more thnn 10%' of tho, shares in ,the corporation or owning Bny partnership
· interest jn the partnershJp,
-
,
.
3, If any penon Identified pursunnt to (1) above ,is non-protit organization or a trust. list the names
or any person strvina 8S director of the non-profit organization or 'as trustee or beneficiary or
ttustOr of the truu..
r T ~..
W"f'
v-
1 A -
1 I ..1 ....~Ail;I
_n&
4. Hsveyou hlld more thf12\ 5250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees end Counc:J1 whhin. the past twelve months? Yes_
No _ If )'e., pJtEl&e indicate person(s): ~ ..-
!o. Ph:nsc Identify each pnd C\'cry person, Includfna pny agents, employees, consultants or Independent
con\toctors who you hove assIgned to represent )'ou before the City in thIs mntter.
~
, I
6. . Have you and/or your offfeera or eaents, in the aggregate. contributed more than $3,000 to 0
Councllmember jn the current or preceding ejection perJod? Yes _ No _ If yes, state which
Couneflmember(,):
r,,'r~M Jt ~;nnccJ II: -A,u't1ldll'/dual,/lrttJ. tD.parm~rs"fp.J(J;'11 \.tr1ffUl't. DIIDtlilliDIt.1Dti(,1 dub,fril/'r11nl Drganilllllon, cDrpornlloll.
. C'l/iIIe', nllII, ncel'~rf $)'1Id1ctttc, rills tJlfd tlt1J' DI1I61 C'<1U1't>\ rlljl fllld 'Clunn)~ tlt>i "'Ullltlp"I/IJ~ 4"llrlel '" Dlhtf pOlil/tltllUbdMsiulI,
DI' ttlt)' Dill" Ir'Dltp 0' eomblttnrlOlt 1I~/fll' III II "~fl..
JiJ-f
_ ~d f?r:~~T ~~~
Sfsnoture of contractor/nppUennt .
... -
z;,c,/bJ s: MIUtfl
,
~rJn' Dr type ntlme of contrnctor/oppUcDnt
(J\l'\'lM.'IJ: 11.~',1JI'J
(SOTE: AlUlt'b .ddlllonA1 fI:l=ts 15 ncc:css:uy)
to 1(7/17
I I
D:lt~:
I. \., 1.\. \:DISeLOSll ~'1'
THE CITY OF CHULA VISTA
PARTY DISCLOSURE STATEMENT
1. FIELDSTONE FAIRWAY RIDGE L.P.,
a California limited partnership
By: Fieldstone communities, Inc.,
a California corporation
its qeneral partner
2. HOMEBUILDING MANAGEMENT INC.
a California corporation
Limited Partner
Peter Ochs, Chairman of the Board
Keith Johnson, President
3. N/A
4. No
5. FIELDSTONE FAIRWAY RIDGE,
Brian J. Milich, project Manaqer
Anne Berqstrom, Construction Admin. Manaqer
Debbie Ware, construction Admin. Mqr. Asst.
CRAIG, BUILTHUS , STELHER
Ray Bulthuisl or other employees
or other employees
6. No.
#0
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
Replacement
Subdivision Improvement and
Supplemental Subdivision Improvement Agreement
This Agreement made this October 11, 1993 for the purposes of
reference only, and effective as of the date last executed, is
between the City of Chula Vista ("City"), a chartered municipal
corporation of the State of California, and Fieldstone Fairway
Ridge L.P. ("Fieldstone"), a California Limited Partnership, and is
made with reference to the following facts:
I. Recitals
A. The property which is the subject matter of this
agreement is legal described as that property in the State of
California, County of San Diego, described as follows:
Lots 1 through 17, inclusive, 32 through 86, inclusive
and 96 of Chula Vista Tract No. 88-3, EastLake Greens
Unit No.8, in the City of Chula Vista, County of San
Diego, State of California, according to the Map thereof
No. 12778, filed in the Office of the County Recorder of
San Diego County, February 12, 1991,
("Property") consisting of approximately 13.916 acres;
B. On January 22, 1991, City entered into the following two
(2) agreements with Century American Corporation ("Century"):
1. That agreement entitled: "Subdivision Improvement
Agreement", dated January 22, 1991, by which Century agreed to make
certain infrastructure improvements to all the property known
as EastLake Greens, Unit No.8, consisting of 17.636 acres,
including the Property ("Subdivision Improvement Agreement" or
"SIA").
/CJ .-~
2. That agreement entitiled: "Agreement", dated
January 22,1991, by which Century agreed to certain terms and
conditions and do certain things such as the following:
a. Agreed that the City could limit issuance of
building permits based on traffic congestion;
b. Not to protest the formation of an assessment
district for the maintenance of Telegraph
Canyon Channel;
c. Not protest the formation of a district for
the maintenance of medians and parkways;
d. Not protest the formation of a assessment
district that would connect certain streets.
("Supplemental Subdivision Improvement Agreement" or "SSIA").
C. Both the SIA and the SSIA may be jointly referred to
herein as the "Original Agreements".
D. The Original Agreements were recorded against title to
all of EastLake Greens, Unit No.8.
E. That portion of EastLake Greens, Unit No.8 that does not
constitute the Property has been built out by Century such that
the Property is the only portion of Unit No. 8 that is not
improved with residences.
F. Century desires to sell Property to Fieldstone, to assign
all of Century's duties as to the Property under the two Original
Agreements to Fieldstone, to be released from any further obliga-
tion thereunder as to the Property, and Fieldstone desires to
assume all of Century's duties as to the Property under the two
Original Agreements, and to provide replacement bonds as to the
remaining duties that Fieldstone assumes under the SIA.
G. Fieldstone is willing to enter into this agreement
wherein it is provided that Fieldstone will install and complete,
at Fieldstone's own expense, all the remaining public improvement
work required by City in connection with the subdivision and will
deliver to City improvement securities as approved by the City
Attorney, and
H. As to the Property, this Agreement is intended to amend
and replace for Fieldstone both the SIA and the SSIA, and assume
the same recording priority as the original SIA and SSIA.
I. A tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as
contained in Resolution No. 15200 , approved on the 18 th day of
July, 1989 ("Tentative Map Resolution"); and
J. Complete plans and specifications for the construction,
/I!) /?
installation and completion of said public improvement work have
been prepared and submitted to the City Engineer, oS shown on
Drawings Nos.90-806 through 90-814 inclusive, on file in the
office of the City Engineer, and
K. Fieldstone is willing to complete all remaining public
improvements shown on said drawings, and
L. An estimate of the remaining cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City in the amount of one
hundred sixteen thousand four hundred and no/100 dollars - - -
($116,400.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Fieldstone, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or
cause to be done and performed, at its own expense, without cost
to City, in a good and workmanlike manner, under the direction and
to the satisfaction and approval of the City Engineer, all of the
public improvement and/or land development work required to be
done in and adjoining said subdivision ("Improvement Work"); and
will furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the
City Engineer and by this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Fieldstone has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Fieldstone
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract to
be done on or before the third anniversary date of Council
approval of this Agreement.
4. It is understood and agreed that Fieldstone will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready
for occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said
buildings or structures in said subdivision, and such certificate
shall not be issued until the City Engineer has certified in
writing the completion of said public improvements or the portion
thereof serving said building or structures approved by the City;
provided, however, that the improvement security shall not be
/v-?"
required to cover the provisions of this para?raph.
5. It is expressly understood and agreed to by Fieldstone
that, in the performance of said Improvement Work, Fieldstone will
conform to and abide by all of the provisions of the ordinances of
the City of Chu:L Vista, and the laws of the State of California
applicable to said work.
6. Fieldstone further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of fifty-eight thousand two hundred and no/100 dollars (58,200.00)
which security shall guarantee the faithful performance of this
contract by Fieldstone and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Fieldstone further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of fifty-eight thousand two hundred an no/100 dollars (58,200.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Fieldstone further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of nineteen thousand and no/100 dollars (19,000.00) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Fieldstone or
its successors in interest, pursuant to the terms of the
improvement security. Fieldstone agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the
/~-/
part:es ~ereto that in no case will the City cfCh~la vi a, or
any depalLment, board or officer ther'eof, be L clble for iWy
portion of the costs and expenses of the work aforesaid, nor shall
any officer, his sureties or boncsmen, be liable for the payment
of any sum or sums for said work or any materials furnished
therefor, except to the limits established by the approved
improvement securityiD accordance with the requirements of the
State Subdivision Map Act and the provisions of Title 18 of the
Chula Vista Municipal Code.
11. It is further understood and agreed by Fieldstone that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work plans
and installation of Improvement Work hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Fieldstone, and
that Fieldstone shall deposit, prior to recordation of the Final
Map, with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Fieldstone will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Fieldstone shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Fieldstone, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Fieldstone shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said
acceptance shall not constitute a waiver of defects by City as set
forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Fieldstone, its agents or employees, or indemnitee,
related to this agreement. Fieldstone further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Fieldstone, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or downstream
properties as a result of the construction of said subdivision and
the public improvements as provided herein. It shall also extend
to damages resulting from diversion of waters, change in the
volume of flow, modification of the velocity of the water, erosion
It}-/o
or siltation, or the modification of the point of discharge as the
result of the construction and maintenance of drainage systems.
The approval of plans providing for any or all of these conditio~~
shall not constitute the assumption by City of any responsibility
for such damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant
to said a?proved improvement plans. The provisions of this
paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Fieldstone agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the
Government Code of the State of California.
15. Fieldstone agrees to the following terms contained in
the original SSIA:
1. TRAFFIC. The Director of Public Works of Chula
Vista ("Director") may suspend the issuance of any building
permits for the construction of any improvements on the property,
upon finding, in his sole discretion, reasonably exercised, using
industry accepted standards, including but not limited to,
California Department of Transportation Highway Design and Traffic
Manuals, that at any point on the following sections of streets:
a. Telegraph Canyon Road (which runs between
Interstate 805 and Otay Lakes Road) .
b.
Otay Lakes Road;
c.
Avenue;
Eastlake Parkway between Otay Lakes Road and Orange
d.
thereof.
East H Street between Interstate 805 to the easterly end
The "level of service", as measured using the 1985 Highway
Capacity Manual Method exceeds the adopted Traffic Threshold
Standards, as duly adopted by the Chula Vista City Council on
November 5, 1991, by their Resolution No. 16402 ("Traffic
Thresholds") .
1.1 If the Director should make such a finding as referenced
//J;"//
in this Section 1, then the Director shall, within five (5) days
after making such a finding, provide Fieldstone written notice of
such finding. Failure to provide notice does not invalidate the
authority of the Director to suspend issuance of permits.
2. Maintenance District - Telegraph Canyon. Fieldstone and
their successors and assigns shall not protest formation of a
district for the maintenance of the drainage channel in Telegraph
Canyon.
3. Maintenance District - Medians and Parkways, Fieldstone
and their successors and assigns shall not protest formation of a
district for maintenance of landscaped medians and parkways along
the streets within and adjacent to the property.
4. Assessment District. Fieldstone and their successors
and assigns shall not protest formation of an assessment district
for the construction of street improvements to connect Orange
Avenue and Palomar Street to existing improvement to the west of
the property and shall not protest inclusion of the subject
improvements as projects in the Eastern Territories Development
Impact Fee System.
5. Agreement Binding Upon Successors. Except as to the
provisions of Paragraph 12, below, entitled "Subdivision Map
Imdemnity", which is a duty of Developer and Successor Developers
alone and which shall not be binding on good faith transferees for
bona fide value of the Developer and Successor Developers, this
agreement shall be binding upon and inure to the benefit of the
successors, assigns, and interest of the parties as to any or all
of the property until released by the mutual consent of the
parties.
6. Agreement Runs With The Land. Except as to the
provisions of Paragraph 12, below, entitle "Subdivision Map
Indemnity", which is a duty of Developer and Successor Developers
alone and which shall not be binding upon and run with the
ownership of the land, the burden of the covenants contained in
this agreement ("burden") is for the benefit of the land owned by
the City adjacent to the property. The burden touches and
concerns the property. It is the intent of the parties, and the
parties agree, that this covenant shall be binding upon, and run
with, the ownership of the land which it burdens.
7 .
Notices.
Unless otherwise provided in this agreement
~~
or by law, any and a 3.'1 notices required or permitted by this
agreement or by law to be serve on or delivered to either party
shall be in writing and shall be deemed duly served, delivered,
and received when personally delivered to the party to who it is
directed, or in lieu thereof, which three (3) business days have
elapsed following deposit in the U.S. Mail, certified or
registered mail, return receipt requested, first- class postage
prepaid, addressed to the address indicated in this agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party.
Facsimilie transmission shall constitute personal delivery.
City of Chula Vista
276 4th Avenue
Chula Vista, Ca 92010
Attn: Engineering Department
Fieldstone Fairway Ridge L.P.
5465 Morehouse Drive, Suite 250
San Diego, Ca 92121
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimilie
transmission shall constitute personal delivery.
8. Captions. Captions in this agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent of this agreement or any of its terms.
9. Entire Agreement. This agreement contains the entire
agreement between the parties regarding the subject matter hereof,
any prior oral or written presentations, agreements,
understanding, and/or statement shall be of no force and effect.
10. Preparation Of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this agreement.
11. Recitals: Exhibits. Any recitals set forth above ar
incorporated by reference into this agreement.
/IJ-/J
12. Subdivision Map Indemnity. Fieldstone agrees that, on
the condition that Chula Vista shall promptly notify Fieldstone of
any claim, action, or proceeding and on the further condition that
Chula vista fully cooperates in the defense, Fieldstone shall
defend, indemnify, and hold harmless Chula vista, and its agents
officers, and employees, from any claim, action, or proceeding
against Chula vista, or it agents, officers, or employees, to
attack, set aside, void or annul any approval by Chula vista ,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this subdivision.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
FIELDSTONE FAIRWAY RIDGE L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
Ci'-ty Attorney
r
BY: FIELDSTONE COMMUNITIES, INC.,
A CALIFORNIA CORPORATION,
ITS GENERA~ARTNER
BY: /;g'-{{:,{ftn<
BY: C/"11/ ("-A~p<--
y'
Mayor of the City of Chula vista
ATTEST:
City Clerk
.
,
!
-,
APpr~o/ b~
(Attach Notary Acknowledgment)
/t1?-'/( 110 -17
,
.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
tate of CALi~.'~ }
ounty of '5 AN ~ 12). etx'o
~ t:)ek 7v.IoL-L
)n 10 I~,,~& befereme, ~~bo~;"c~~;J,~d-'
)ersonally appeared~ j 6...r'\ a: (\\:, \ i ~ i-J \M ~ SA-I'\
NAME(S) OF SIGNER(S)
Ii personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
~ to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
............................
! ..... ...... ...... ........ ..-.. ..... --- ..... ..-.. ........
f Q' . DEBORAH L WARE f
-"S'= . COMM. 1951302
. "!A' . . No8y PuIllic-C8IiIornia ~
j ~ . SAN DIEGO COUNTY ?;
! . ~ comm. expna DEe 29, t~ j
.................................---............--..............
~ ~
WITNESS my hand and official seal.
~O-bDtuJ~
SIGNATURE OF NOTARY
No. 5193
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
o INDiVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TiTLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RiGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law.
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCI~' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
/tJ'D
.-
..
CRAIG. BULTHUIS & STEL TEL NO.619-2972745 Oct 12.93
· THB CITY OF CHVIA. J.?'STA PARTY DISCLOSURE STA7'EMENT
13:08 P.03
Stotemenl or disclosure ot cerleJn ownership fntcrelts, paYments. or campaign contributions on an matters
which will require: discrctit:~tlar:y action on the part of the at)' Council. PJannfns Cornmfsslo~ and aU other
offlciol bodfcl. The folJowina fnformlltJon mUlt be dJsclosed: ·
.
1. Ust tho name. or an J)er&ons having . finaneial mtercll u. ~e ~~f,e.. contractor.
lubeontractor. zn'terJa! supplier.
SEE ATTACHED
..
....l
. L
2. If any person Identified pUfS\lant 10 (1) above is a corporation or partnership. Ust the names of aU
IndlvJduaJs ownfna more thnn 10%' or the, shares in .the corporation or owning any partnership
· interest jn the partncnhJp.
3. If an)' pC~Jon IdentifJed pursuant to (1) above .is non-profit oraanization or 8 trusl, lfst the names
or any person servina 8S director of the non-profit organization or 'as trustee or beneficiary Or
ttustOr of the trust..
-.. ..
p
1 I J ~
- .....
1 .
4. Have you hpd more than $250 worth of budness transacted with any member of the City stoff,
Boards, Commissions, Committees end CouncU wIthin the past tweJve months? Yes_
No _ J( )'e.. pJe2l$e indicate person(s): .- ...
!-. PJC:lIle Identify !Dch pnd every person, IneJudJna any agents, employees, consultants or Independent
eonttocton who you hove assIgned 10 represent you before the Cfty in thIs motter.
-rr
6. . Have you and/or your officers or eaents. in the aggregate. contributed more than $1,000 to 11
Councllmember In the current or preceding eJection perJod? Yes _ No _ J( yes, stal~ which
CounciJmember(,):
~\'r~l'In Jt ,,;nned I': -Alf,)' Ind/l'/dlltll./lrttl, tD.pnr/"n-sllfp,joilJl \'~"'lII't.IJISOtjtlliDIf. ~Mi~/ c/tlb,frnt",.nl D/ftlnillllIDn, torportlliDlI,
· ('1/(11(1, nllll, tcCtl~'~r. S)'1/dlcJt(t, ,his tmd nn)' otl/6, fOUl/I)', &11;1 (Iud 'ClU1U7)~ tl,>~ "'UII/llp"I/1)~ 4lslriel 01' Dlh~, polllltllll'UbdMsic.m,
01' if/t)' 0111,; rrDltp 0' tDmbl"ntlOll IItf/1I1 tiS II "~/f,.
(SOTE: AIUlcb .ddlllon411\:'=~s CIS ncccss:\f}')
D:ll~: _ /(..'/17 }/7
1 I
~{>( f?~rT ~~~
SlsnOlure ot eontraclor/npplJennt .
t?c--/bJ:;-: ,vJ!~c: II
PrInt or type nnsne of contrnctor/oppHcDnt
/ t/ ,.. / ?> . (ltr~'I....'IJ: 11."""~'1
(.\., !.\.\:OISCLOSu. ~"
THE CITY OF CHULA VISTA
PARTY DISCLOSURE STATEMENT
1. FIELDSTONE FAIRWAY RIDGE L.P.,
a California limited partnership
By: Fieldstone Communities, Inc.,
a California corporation
its general partner
2. HOMEBUILDING MANAGEMENT INC.
a california corporation
Limited Partner
Peter ochs, Chairman of the Board
Keith Johnson, President
3. NIA
4. No
5. FIELDSTONE FAIRWAY RIDGE,
Brian J. Milich, project Manager
Anne Bergstrom, Construction Admin. Manager
Debbie Ware, Construction Admin. Mgr. Asst.
CRAIG, BUILTHUS , STELMER
Ray Bulthuisl or other employees
or other employees
6 . No .
)//--/7
File No.:
Bond No. III 3304 5077
BOND FOR MATI:RIAL AND LABOR
Premium included in charge
for Performance Bond
WHEREAS, the City Council of the City of Chula Vista, County of San Diego,
State of California, and Fieldstone Fairway Ridge LoP 0
(hereinafter "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, wh:ch said agreement, dated
, 19_, and identified as project Eastlake Greens, Unit #8
, is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, Principal is required, before
entering upon the performance of the work, to file a good and sufficient payment bond with the
City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing
with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and Fireman's Fund Insurance Company
,a corporation of the State of
California (hereinafter "Surety"), are held and frrmly bound unto the City of Chula
Vista, a rnanicipal corporation in the State of California, (hereinafter "City"), and all contractors,
subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of _
Fifty eight thousand one hundred seven & 90/100 dollars ($ 58,107090 ), lawful
money of the United States, for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said Surety
will pay the same in an amount not exceeding the amount hereinabove set forth" and also in
case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit
of any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
(Signatures on reverse side.)
It:} //~
J
I
':\
\
~
J
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on October 21 , 19.2.L.
FIELDSTONE FAIRWAY RIDGE L.P.
4~~~&
FIREMAN'S FUND INSURANCE COMPANY
~~C?, caLf
.,
BRIAN MILICH, ASST. SECRETARY
Principal
Rhonda C. Abel, Attorney-in-Fact
Surety
(Above-signatories must be notarized.)
o
City Attorney ~
Certificate of Acknowledgement
STATE OF CALIFORNIA
County of Oranqe
J
On October 21. 1993
personally appeared
before me,
Patricia Marie Barr. Notary 'Pnh';..
Rhonda C. Abel, Attorney-in-Fact
personally known to me -(ElF I'Fllvell te me en the bltSi3 6f 3atisfact6ry e'. idence) to be the personM whose nameOO istllarSubscribed to the
within instrument and acknowledged to me that')€t'shel~executed the same in )Ks!her!1:Mir authorized capacity~, and that by
lfts7her/tM'signat~ on the instrument the person~, or the entity upon behalf of which the perso~' acted, executed the instrument.
WITNESS my han~official seal.
/" ,/ - .
Signature -~/-R--~
/C-i./ (Seal)
)IJ-/i /lth~O
~.,. -cp'__;-;'.'~ Ba~
'-. a" ,. ...'.~ ~
C c. -. ';';';874 ('\
.~O--:h':"' C;\LlFORNIA~
~~~~.. ~~' :0~~~'~~'~Y:.~~~ '9.96r
360772-6.91
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
C tate of
No. 5193
CALIFORNIA
SAN DIEGO
}
c.ounty of
On OCTOBER 21 , ~e'ldre me,
DATE
DEBORAH L. WARE, NOTARY PUBLIC
NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC"
personally appeared
BRIAN MILICH
NAME(S) OF SIGNER(S)
2{X] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
I@ ~ :.~L:''':; ~ .f
. . ..;, COMM 1951302 z
i .:.~ . Notary PublicrCalitorIll3 Z
Z .,;--... p SAN DIEGO COUNTY I~
t . , My c:omm. expires DEe 29.1995 ,
~ ~ ~ ~ ~ ~ - - - - ~ ~ - ~
WITNESS my hand and official seal.
~r0J.J~
SIGNATURE OF NOTARY
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TiTLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES
DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave. P.O. Box 7184' Canoga Park, CA 91309-7184
/ /J ,;(t?
File No.:
Bond No. III 3304 50S~
SURVEY MONUMENT INSTALLATION BOND
Premium $475.00
LET IT BE KNOWN BY THESE PRESENTS, that Fieldstone F~irway Ridge L.P.
as the subdivider (hereinafter "Principal"), and Fireman' s Fund Insurance Company
, a corporation of the State of California
(hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal
corporation, in the County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the conditions hereof, in the
penal sum of Nineteen thousand and no/lOO---------------------------------------
dollars ($ 19,000.00
of Chula Vista.
) lawful money of the United States, to be paid to the said City
WHEREAS, Principal is presently engaged in subdividing certain lands to be
known as Eastlake Greens, Unit #8
subdivision in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Council Resolution No. ; and,
~
f
..
WHEREAS, Principal desires not to install durable monuments prior to the
recordation of the fmal map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal
shall have installed durable monuments of the survey by
(Name of EoeiDeer)
in accordance with the final map of said subdivision, a copy of which is on file with the City
Engineer of the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in force and effect at the time of giving of this bond, on or before the expiration
of thirty (30) consecutive days following completion and acceptance of public improvements
within said subdivision, then the obligation shall be void, otherwise to be and remain in full
force and effect.
\
(Signatures on reverse side.)
Jpr:2/
.J
IN WITNESS WHEREOF , this instrument has been duly executed by the Principal and
Surety above named, on October 21 , 19-2.1..
FIEWS*;~~
FIREMAN I S FUND INSURANCE COMPANY
~Q j) ~, (]JiL~
BRIAN MILICH, ASST. SECRETARY
Principal
Rhonda C. Abel, Attorney-in-Fact
Surety
~
(Above-signatories must be notarized.)
/
I
to form:
""'.
& ....L___....
Certificate of Acknowledgement
STATE OF CALIFORNIA
County of Oranqe
J
On October 21, 1993
personally appeared
before me,
Patricia Marie Barr, Notary Public
Rhonda C. Abel, Attorney-in-Fact
personally known to me (or Frg"ll!l t9 lRi Qg tl:l9 g.agii gf iatiit:al;ltory ~lin"nf'~ to be the person~hose nam~"i~ubscribed to the
within instrument and acknowledged to me that~she/~xecuted the same in)ri$7her/~authorized capacity~ and that by
~er/~lgnature{kJ on the instrument the personOO, or the entity upon behalf of which the perso~ acted, executed the instrument.
WITNESS my hand an94ficial seal.
~~ ~ 1""'2 ."-';~'Ba7rf
,. (Seal) ~ ~ i "='c~~74 ~
l ,-" ' ... C:..IFORNIA....
/ tJ r:2-;< I/f) _~~~~c?~ ~;y~c=-".:;~~o~y;~T,Y~':962
Signature
360772.6.91
,,'~~_.,\
No. 5193
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
3tate of
CALIFORNIA
SAN DIEGO
}
_ OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o iNDIVIDUAL
o CORPORATE OFFICER(S)
';:;ountyof
On OCTOBER 21 , ~dre me,
DATE
DEBORAH L. WARE, NOTARY PUBLIC
NAME. TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared
BRIAN MILICH
NAME(S) OF SIGNER(S)
~ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
r j' -;;~~=; .1
i '.~ NotarY pubic-CalifOrnia >
! c:. SAN DIEGO COUNTY -
l- _ _ ":":'"_-:':~c _..~,,: J
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
WITNESS my hand and official seal.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
~~.1N
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
DATE OF DOCUMENT
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309-718
J
J~/;l;J
GENERAL
~~~~ FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of
the State of California, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these
presents make, constitute and appoint .
RHONDA C. ABEL
COSTA MESA, CA
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undenaking, recognizances or other written obligations in the nature thereof ___________________________________
and to bind the Corporation thereby as fu1ly and to the same extent as if such bonds were signed by' the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confmning all that the said Attorney(s}-in-Fact may do in the premises.
This power of attorney is granted pursuant to Anicle VII, Sections 4.5 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and
effect.
.. Article VD. Appointment and Authority of Resident Secretaries, Attorney-in-Fact and Alents to acc:rpt Legal Process and Make Appearsnces.
Section 45. Appointment. Tbe Cbairman of tbe Board of Dindors, tbe President, any VIce-PresideDt or aDY otber person autborized by the Board of
Dinctors, tbe Cbairman of tbe Board of Directors, tbe PresideDt or any VIce-President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys-iD-Fact to represent and act for aDd on bebalf of tbe Corpol'lltion and AgeDts to accept JegaJ process and makr appeal'llDCeS for aDd OD bebalf of tbe
Corpol'lltlon.
Section 46. Authority. Tbe autbority of sucb Resident Assistant Secretaries, Attorneys-in-Fact aDd Agents sball be as prescribed in tbe instrumeDt evidencing
their appointment. Any sucb appointment and all autbority granted thereby may be revoked at any time by tile Board of Directors or by any person empowered to
make sucb appointment!'
This power of attorney is signed and sealed under and by the authority of the f01l0wing Resolution adopted by the Board of Directors of FIREMAN'S FUND
INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney. any revocation of any power of attorney, or cenificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation~'
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate
seal to be hereunto affIXed this
20th
day of
July
.19~.
FIREMAN'S FUND INSURANCE COMPANY
B~~~C
STATE OF CALIFORNIA } 55.
COUNTY OF MARIN
On this 20th day of July .19~.beforemepersonallycame R. D. Farnsworth ,
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affIXed to the said instrument is such corporate
seal; that it was so affIXed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal, the day and year herein first above written.
. OFFICIAL SEAL
N. H. CARROll
o IIOlMlJPUBUC-CAUFOllII1A
. MARIN COUNTY
IIy ___ ...... "'" n. 11M
q; gJ. ~
Notary Public
CERTIFICATE
STATE OF CALIFO~NIA
COUNTY OF MARIN
} D.
I, the undersigned. Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HE~BY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and funhermore that Anicle VII. Sections 4.5 and 46 of
the By-laws of the Corporation. and the Resolution of the Board of Directors; set fonh in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 21 s t day of
October
,19~.
~~~
/t?J ~;2 t/
360712-FF-11-8i
CITY COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item / /
Meeting Date 11/2/93
Resolution /7.2 <j i Accepting bids and awarding contract for the construction
of Rohr Community Park Renovation-Phase II improvements in the City of
Chula Vista, CA AI. )
Director of Public Works 1J'f/ ()
Director of Parks and Recreatio~
City M1mager~ , ~
(4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on October 13, 1993, in the Public Services Building, the Director of Public Works
received thirteen sealed bids for the construction of Rohr Community Park Renovation-Phase II
improvements in the City of Chula Vista, CA. Of these thirteen bids, the bid from Basile Construction
was found to be the lowest bid.
RECOMMENDATION: That the Council approve the resolution accepting bids and awarding
contract to Basile Construction, Inc. in the amount of $172,455.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for the construction of Rohr Community Park Renovation-Phase II improvements were included
in the FY 1992-93 CIF Project Budget (PR-166). This project will provide funding to complete items
deleted from Phase I construction to meet the project's budget. The existing parking lot and driveway
are unimproved. The work to be done includes curb and gutter, asphalt pavement of the parking lot
and driveway, new entrance alignment off of Sweetwater Road, security and parking lights, trash
enclosures, concrete work for sidewalks, minor irrigation, and landscaping to finish the improvements
in this area.
Environmental Status
The City's Environmental Review Coordinator has determined that this project is categorically exempt
under class 1, Section 15301 "Minor Alternation" of the California Environmental Quality Act.
Prevailing Wage Statement
The source of funding for this project is the Parks Acquisition and Developments fund. No prevailing
wage requirements were necessary or a part of the bid documents. Compliance with Federal and State
Minority and Women owned business requirements was unapplicable on this project. However,
disadvantaged business enterprises were encouraged to participate. The low bidder, Basile
Construction, is a Women Owned Business and one subcontractor, Century Landscaping, is a MBE
business.
1/-1
Page 2, ItemR
Meeting Date 11/2/93
Bid Results
On the bid opening date, bids were received from thirteen contractors as follows:
CONTRACTOR Bid Result
1. Basile Construction, Inc. San Diego $172,455.00
2. Sim J. Harris Co. San Diego $172,900.00
3. Clancy Constructors, EI Cajon $184,376.90
4. L.R. Hubbard Const., San Diego $185,803.08
5. DWM Construction, Irvine $185,833.70
6. ABC Construction, San Diego $188,402.00
7. Heffler Company, Inc., San Diego $195,697.25
8. Castello, Inc., Escondido $202,460.00
9. InterWest Pacific Ltd., Del Mar $203,361.50
10. Pacific 17,lnc., Lemon Grove $213,950.60
11. Carolyn Scheidel Co., La Mesa $216,800.00
12. IPS Services Inc., San Bernardino $237,446.00
13. J. Fife Construction, San Diego $246,291.00
The low bid received from Basile Construction, Inc. is below the Engineer's estimate of $185,800.00
by $13,345.00 or 7.18%. We have reviewed the low bid and recommend awarding the contract to
Basile Construction Inc. Basile Construction has done satisfactory work for the City in the past when
they constructed the Welton Avenue Storm Drain Project.
Attached is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
FUND REQUIRED FOR CONSTRUCTION
1. Contract Amount $172,455.00
2. Contingencies (10%) $17,245.00
3. Inspection Staff $17,245.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $206,945.00
FUNDS AVAILABLE FOR CONSTRUCTION
1. Park Acquisition and Development, PR-166 $206,945.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $206,945.00
FISCAL IMP ACT: After construction, only routine City maintenance amounting mainly to cleaning
and landscape maintenance will be required.
Attachments: Contractor's disclosure statement
SA: JR-067
) /- c2.
WPC F:\HOMEIENGINEER\AGENDA\rom.a13
RESOLUTION NO.
J 7.2. 9'-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF ROHR
COMMUNITY PARK RENOVATION-PHASE II
IMPROVEMENTS IN THE CITY OF CHULA VISTA
WHEREAS, at 2:00 p.m. on October 13, 1993, in the Public
Services Building, the Director of Public Works received the
following thirteen sealed bids for the construction of Rohr
Community Park Renovation-Phase II improvements in the City of
Chula Vista, CA.:
CONTRACTOR Bid Result
1. Basile Construction, Inc. San Diego $172,455.00
2. Sim J. Harris Co. San Diego $172,900.00
3. Clancy Constructors, EI Cajon $184,376.90
4. L.R. Hubbard Const., San Diego $185,803.08
5. DWM Construction, Irvine $185,833.70
6. ABC Construction, San Diego $188,402.00
7. Heffler Company, Inc., San Diego $195,697.25
8. Castello, Inc., Escondido $202,460.00
9. InterWest Pacific Ltd., Del Mar $203,361. 50
10. Pacific 17 ,Inc., Lemon Grove $213,950.60
11. Carolyn Scheidel Co., La Mesa $216,800.00
12. IPS Services Inc., San Bernardino $237,446.00
13. J. Fife Construction, San Diego $246,291.00
WHEREAS, the low bid received from Basile Construction,
Inc. is below the Engineer's estimate of $185,800.00 by $13,345.00
or 7.18% and staff has reviewed the low bid and recommends awarding
the contract to Basile Construction Inc.; and
WHEREAS, the City'S Environmental Review Coordinator has
determined that this project is categorically exempt under class 1,
Section 15301 "Minor Alternation" of the California Environmental
Quality Act; and
WHEREAS, the source of funding for this project is the
Parks Acquisition and Developments fund, therefore, no prevailing
wage requirements were necessary or a part of the bid documents and
1
1/-:)
compliance with Federal and state Minority and Women owned business
requirements was unapplicable on this project.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby accept said thirteen bids for
the construction of Rohr Community Park Renovation-Phase II
improvements and awards the contract to Basile Construction, Inc.
in the amount of $172,455.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to E~xecute said
contract for and on behalf of the City of Chula Vist~.
presented by AP~ed as tr fll/bY
( J>~_ yl/"
Bruce M. Boogaard, City
Attorney ~
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John P. Lippitt, Director of
Public Works
C:lrslrohr.bid
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TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain 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 infomlation must be disdosed:
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.
BASIlE OONS'IRUCTION, INC. - Contractor
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 partnership interest in the partnership.
Dawn A. Basile, President
Peter Allen Basile Secretary
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.
None
4.Have you had more than $250 worth of business transacted with Cl!1Y member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No~ 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.
Peter Allen Basile, Secretary
Dawn A. Basile, President
6.Have you and/or your officers or agey& in the aggregate, contributed more than $1,000 to a Council member in the current or
preceding election period? Yes_ No_ If yes, state which Council member(s):
Date:
* * * (NOTE: Attach additional pages as necessary) * * *
October 13, 1993 X ~~~t?/~~"' 0L)b.,~
Signature of contractor/applicant
Peter Allen Basile, Secretary
Print or type name of contractor/applicant
· Person is ujined as: "Any intUvidJlal, firm, co-partnership, joint ve.nhlre, associalion, social club, fralemal organization, corporation, estate, trust, receiver,
syndicate, this and any other county, city and country, city municipality, tUsrrict, or other political subtUvi.rion, or any other group or combination acting as a
unit," / /_ 5
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COUNCIL AGENDA STATEMENT
Item ~2.
Meeting Date 11/02/93
ITEM TITLE:
Report: Proposed Parks Implementation Plan Work Program
Director of Parks and Rec\eat~n l"l,
Director of Planning . (j~ / 1/
I L-
City Manager & i& 10
kiJ
(4/5ths Vote: Yes _ No -.X)
SUBMITTED BY:
REVIEWED BY:
During the FY 92/93 CIP budget process, the City Council appropriated $75,000 in Park Acquisition and
Development (PAD) funds, to contract with a consultant for a Parks Implementation Plan (PIP). The PIP
will serve to implement provisions of the City's General Plan Park and Recreation Element which call
for preparation of a long-range (20 year) master plan to include programs for upgrading, expanding or
replacing older facilities in western Chula Vista, and for installation of new facilities in accordance with
adopted standards. Focusing primarily on western Chula Vista, the PIP will address such issues as:
Possible ways to decrease the City's park acreage deficiencies (specifically in Western Chula
Vista), including an analysis of ways to formulate a park equivalency factor; i.e., use of
recreation structures, or joint use of schools, as credit in the 3 acres/l,OOO residents standard,
as a means to mitigate the park deficiency; and
Identification of potential acquisition sites for parks and recreation facilities in Western Chula
Vista, and related fiscal strategies.
In October, 1992, the Department issued a Request for Proposals (RFP) in order to obtain a qualified
consultant to provide services to develop a Parks Implementation Plan for the western area of Chula
Vista. In addition, the RFP requested services to perform a Needs Assessment Survey encompassing the
entire city (including a cross-section of all age groups). The survey was to include an analysis of
demographic data, participation rates, and a demand-for-services evaluation.
However, at the February 23, 1993 Council meeting, the City Council directed staff to come back at a
future date to present a proposal to perform the Parks Implementation Plan in-house. As discussed in
the Council minutes (attached), Council's motion to request further staff analysis for the purpose of
utilizing City staff for the Parks Implementation Plan, included latitude to "try to conduct most of the
activities in-house". This report discusses a proposed in-house staff work program for the Parks
Implementation Plan, with the exception of proposing an outside consultant for the Needs Assessment
Survey.
RECOMMENDATION: That the Council approve the proposed Parks Implementation Plan Work
Program, including the use of a professional research firm to perform the Needs Assessment Survey.
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Page 2, Item \ "2-
Meeting Date 11/02/93
BOARDS/COMMISSIONS RECOMMENDATION: On September 16, 1993, the Parks and
Recreation Commission unanimously supported the proposed Parks Implementation Plan Work Program,
including the use of a professional research firm to perform the Needs Assessment Survey in the
community.
On March 11, 1993, the Growth Management Oversight Commission (GMOC) discussed the Parks
Implementation Plan as part of the Parks and Recreation Department's Annual Report to the GMOC.
The GMOC's 1992 Annual Report subsequently contains a recommendation to Council stressing the PIP's
timely completion. Council adopted the GMOC's report on July 20, 1993.
Both the Chula Vista 2000 Committee and the CV21 Committee supported a Parks Master Plan in their
final reports to the City Council.
DISCUSSION: The Parks Implementation Plan will serve as an Action Plan for future park
development. The proposed staff work program is divided into three (3) phases: Phase I will be the
Survey/Needs Assessment, Phase II will be the Analysis; and Phase III will be the Implementation
Plan/Program. In accordance with the attached work program proposal, the following provides a brief
overview of each phase:
Phase I - Survey/Needs Assessment - will consist of a general City-wide overview and a more intensive
Western Chula Vista review, which would address physical and demographic characteristics (e.g. land
use, population [age, ethnicity, income, family characteristics], housing, growth rates, etc.), and an
inventory of existing park, school and open space sites, and public/quasi-public recreation facilities and
programs. Data collection will be from various in-house data bases and field surveys.
During Phase I, staff from the Planning Department, the Parks and Recreation Department, and the
Management Information Services Division, will accelerate the study of a park equivalency factor. It is
staff's intent to present a proposal for a park equivalency factor to the City Council in February of 1994.
Phase II - Analysis - will consist of a City-wide analysis of existing and projected park and recreation
facilities demand, with the major emphasis on the demand in the area west of 1-805. Principal
components of the analysis are an analysis of the interrelationships of the demand differences between
the eastern and western areas of Chula Vista; a deficiency assessment for western Chula Vista; the
availability of land and a feasibility analysis for acquisition, leases and development; and proposed
policies and options including school-park joint usage, and park equivalency factors/credit systems. An
additional analysis of identified sub-areas within Western Chula Vista will occur under a separate and
subsequent effort.
Also, as part of Phase II, the City proposes to issue a new Request for Proposal (RFP) to contract with
a professional survey research firm to perform a resident household telephone survey.
The cost of this service is estimated to be $10,000. This estimation of costs was determined from the
original RFP's for the consultant services for the Parks Implementation Plan. In addition, since that time,
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Page 3, Item 1"2-
Meeting Date 11/02/93
staff received an updated estimation of costs for a Needs Assessment Survey from a research firm; the
proposed costs exceeding $20,000. The consultant's estimation of costs included a wider range of
statistical analysis of the survey-provided data base. Staff's recommendation is to utilize the professional
research firm for the basic survey work which would include the creation of a survey instrument; the
trained telephone team, and a report depicting the results of the survey (the report will include a parks
and recreation demand analysis; an estimate of existing parks and recreation facility demand; and a
forecast of future parks and recreation facility demands to the year 2015].
Justification for Use of Consultant for Resident Household Survey
When the Council directed staff to prepare a proposal to perform the Parks Implementation Plan with City
staff; affected staff met to discuss the components of a scope of work for the project. The majority of
the work required to complete a Parks Implementation Plan, can readily be performed by City staff.
However, it is staff's belief that the resident household telephone survey, and its resultant data analysis
and report preparation, is a technical skill that is not available within staff's expertise. Preparation of
such a statistical survey is labor intensive for staff; staff also lacks the resources and expertise to prepare
valid survey questions, set-up measurement parameters, train the appropriate survey staff; and tabulate
data without the use of research-specific computer programs.
The use of untrained staff is tempting due to the perceived potential for cost savings. Such a perception
may not fully appreciate the fact that accurate respondent selection; complete and correct data collection;
as well as proper recordation of answers constitute important links in the chain of tasks necessary to
implement a valid consumer research effort. Trained and professional interviewers are essential in order
to ensure data validity and maintain cost control.
The Management Services Division, the City's research and policy analysis component, has in the past,
when surveys were required, utilized outside professional expertise. For one such survey, the City
contracted with SANDAG, who also utilized an outside professional research firm to perform telephone
survey work.
Therefore, it is staff's recommendation that the survey component of the Parks Implementation Plan be
performed by a consultant in order to obtain valid results. The expenditure for the professional firm will
fall within the existing appropriation for the project.
Phase III - Implementation Plan/Program - will be structured in two parts; the first consisting of City
wide goals, objectives and policies, and addresses the interrelationships between eastern and western
Chula Vista, and the second focusing on goals, objectives and policies for Western Chula Vista, and
recognizing the more specific conditions presented within identified sub-areas. The Implementation Plan
will include discussions and recommendations regarding funding sources, feasible joint-use agreements,
a capital improvement strategy, and the proposed Implementation Plan's relationship to other planning
efforts and programs; Le., Otay Valley Regional Park Plan.
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Page 4, Item I 2-
Meeting Date 11/02/93
The majority of staff work described in the work program will be performed by the Parks and Recreation
and Planning Departments. It is estimated this project will take 12-18 months, however, it is staWs intent
to formulate a proposal for a park equivalency factor by February 1994. The Planning Department
estimates that their portion of the workload for the Parks Implementation Plan will entail approximately
600 staff hours. These hours are included as part of an overall Advance Planning Division major projects
work program for FY 93/94 which will be presented to Council in the near future as part of an overall
Planning Department work program for Council action. Parks and Recreation Department estimates staff
hours in excess of 1,000 hours, due to being responsible for overall project management; and the direct
staff hours affiliated with working with not only the Planning Department, but other City departments,
the consultant, and the community. At various times during the project, the Engineering Division,
Building and Housing Department, and Community Development Department will be involved.
Staff will focus community involvement at community at-large at public workshops, during which the
Parks and Recreation Commission will play an active role.
Funding Issue
Park Acquisition and Development (PAD) funds are currently appropriated and budgeted for this project
in PR-I64. However, when the CIP was approved by the Council, utilizing PAD funds, it was with the
understanding that the funds would be paid to an outside consultant. Should Council approve this report
and staff proceeds with the Parks Implementation Plan in-house, it is staWs recommendation to spend
the PAD funds to reimburse staff services costs on the project. PAD funds are allowed, by State law,
to be used for planning purposes for parks and recreation facilities. Besides staff services, there will be
some expenses for printing and binding, data collection, public notices and communication with the
community; and maps, etc., for which funds are not budgeted in the affected Departments' General Fund
budget for FY 93/94. In Supplemental Budget Report #14, dated June 2, 1993, the Planning Department
indicated it could spend 600 staff hours on the Western Chula Vista Park Master Plan. This was intended
to be funded from the PAD fees in CIP project PR-I64. In addition, with the staff recommendation to
use a professional research firm for the Needs Assessment Study, PAD funds would be used to pay the
consultant.
FISCAL IMPACT: Sufficient Park Acquisition and Development (PAD) funds ($75,000) are
appropriated and available in the Parks Implementation Plan CIP Project account, 600-6004-PR-164.
Attachments - Proposed Work Program ./
Minutes from February 23, 1993 Council Meetin
Minutes from September 16, 1993 Parks an ation Commission Meeting
Minutes from March 11, 1993 Growth MGi ment Oversight Commission Meeting
Description of CIP PR-I64 ~U"
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12-~
PROPOSED WORK PROGRAM OUTLINE
FOR THE
PARKS IMPLEMENTATION PLAN
(October 1993)
INTRODUCTION/STATEMENT OF PURPOSE
The proposed Parks Implementation Plan (PIP) is intended to implement provIsions of the
amended Parks and Recreation Element adopted in conjunction with the City's comprehensive
General Plan Update in July 1989. Goal 1, Objective 1 of those provisions establishes the
need to simultaneously upgrade existing park facilities and plan for new park facilities to meet
established parks standards. This will be accomplished through preparation of a long range
(20-year) master plan which includes programs for upgrading, expanding or replacing older
facilities on the west side of the City, and for the installation of new facilities in accordance with
adopted standards.
The Parks and Recreation Element recognizes that the parks planning setting and issues are
to a large extent bisected between the older developed portion of the City, west of the 1-805
freeway, and the developing area to the east. In this context, the PIP's proposed structure is
intended to be two-tiered; the first consisting of a general analysis to address overall facility
needs and usages, and establish the planning conditions and relationship(s) between the
eastern and western portions of the City, and the second to develop a more detailed plan to
address deficiencies in Western Chula Vista, including development of sub-area plans and
strategies. Both tiers may consist of the following components:
An inventory of existing and projected physical and demographic conditions.
An analysis of existing and projected parks and recreation facilities demand and
any deficiencies.
An identification and feasibility analysis of potential means to mitigate
deficiencies, including joint-use possibilities and identification of potential
acquisition sites for parks.
Policies, options and any related fiscal analysis.
Development of an Implementation Plan/Program establishing goals, objectives
and policies, a capital improvement strategy, and relationships to other planning
efforts and programs.
A core Project Team will be formed and comprised of staff from the Parks and Recreation and
Planning Departments. The Project Team will also utilize staff from other City Departments
such as Building and Housing, Community Development and Public Works/Engineering in
completing the PIP.
The following Work Program is intended to provide greater detail as to the range and nature
of tasks to be undertaken:
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12..-5
PIP Program
-2-
October 1993
PHASE I - SURVEY/NEEDS ASSESSMENT
A. INVENTORY OF EXISTING CONDITIONS
1. Determination and description of the overall Study Area and any sub-areas.
This will consist of a general City-wide overview and a more intensive Western
Chula Vista review, which would address physical (land use, character,
resources, etc.) and demographic characteristics (population [age, ethnicity,
income, family characteristics, etc.], housing, growth rates, etc.), and an
inventory of existing park, school and open space sites, and public/quasi-public
recreation facilities and programs. With regard to the sites, the inventory will
include acreage, amenities, and character (slopes, opportunities and
constraints), and note the potential for expansions. Data collection will be from
various in-house data bases and field surveys. Presentation of data will be
cross referenced in both tabular and map form.
In Western Chula Vista, potential planning sub-areas will be defined based on
such factors as demographics, demand, and geography. The above noted data
would be provided for each sub-area. In fully considering the factors, final
determination of the sub-areas will not occur until completion of the Phase 11-8
component of this work program.
2. Survey existing plans and policies for applicability.
a. Chula Vista General Plan and other planning policies (includes evaluation
of proposed park sites and the current General Plan system of site
designation).
Project Team members will review the existing General Plan for location
of future and proposed park sites, recreation centers, open space and
related land use elements.
b. Park and Recreation Planning Standards, Guidelines and Policies
(Federal, State and Local).
Project Team members will review applicable guidelines and standards
from the City, State and National level.
c. A review of the "Otay Valley Regional Park" joint staff efforts will be
conducted to determine a preliminary list of active/passive use area
considerations to be evaluated during the inventory process. This review
will include the recommendations of the Resource Enhancement Plan.
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\ 2..-l",
PIP Program
-3-
October 1993
d. ADA requirements.
The Project Team will prepare a preliminary list, based on input from the
Building and Housing Department, of ADA standards which apply to
facilities within the Study Area. The list will be used to conduct
compliance surveys of existing park sites and facilities.
3. Vacant and Available Lands Inventory for parks and recreation purposes.
This task will utilize both in-house data base evaluations as well as field surveys
and confirmations. All lands will be evaluated, including existing elementary,
middle and high school sites and open space areas, including the SDG&E
transmission line right-of-way in the Montgomery Community. The draft Parks
and Recreation Department Landscape Manual, and Park Site Selection Policy
will be used to aid in initially defining acceptable sites.
PHASE II - ANALYSIS
A. DEMAND ANALYSIS
An analysis of the patterns of demand and usage, and the interrelationships of these
between the eastern and western areas of Chula Vista will be conducted generally at
the City-wide level, with the major emphasis on the demand in the area west of 1-805.
A similar analysis of identified sub-areas within Western Chula Vista will occur under a
separate and subsequent effort. The analyses will consist of the following:
1. Existing use/need levels.
This will consist of statistical tallies of Parks and Recreation Department program
attendance records, special events questionnaires, and the application of
established parks planning standards and guidelines to current demographic
conditions derived from the work in Phase 1- A.1.
2. Public Opinion Survey on desired parks and recreation facilities.
An independent professional survey firm will conduct a telephone survey of 600
resident households encompassing all age groups. The survey will extract data
on activity participation, attitudes, expected demand, potential demand, and
types of programs. The results will be tabulated and a written summary will be
prepared.
3. Historic / Forecasted Population and Housing growth.
An overview of historical population growth volumes and rates for the Chula
Vista Planning Area during the 1980 to 1993 period will be prepared. For
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\2..-,
PIP Program
-4-
October 1993
Western Chula Vista, the population growth analysis will include changes in the
demographic characteristics of the population during this time frame, with
particular emphasis on those factors that are predictors of parks and recreation
demand patterns (age, income, family size, etc.).
Projections of growth for Chula Vista through the year 2015 will be compiled as
principally derived through an analysis of information collected by SANDAG
(Series 8 regionwide forecast), the California Department of Finance, and the
City Planning Department. This analysis will also consider growth trends for the
broader San Diego Region as they affect future growth and development
patterns.
4. Projected Demand for Facilities and Programs for Western Chula Vista (utilizing
items 1-3 above).
Based on existing and projected population and demographic characteristics,
and the parks use/demand public opinion survey, the resulting demand for parks
and recreation facilities will be quantified. The results will be in tabular form,
indicating both existing and projected demands by facility and program type.
(Public Input) The Parks and Recreation Commission will host a public meeting at this point
to share the results of the inventories and demand analyses, and solicit input and comment.
This meeting will facilitate finalization and acceptance of the information which will form the
foundation for subsequent deficiency assessments and plan development.
B. DEFICIENCY ASSESSMENT FOR WESTERN CHULA VISTA
This assessment will compare the results of Phase I inventories to the Demand Analysis
in Phase II-A, to reach conclusions as to surpluses and/or deficiencies in needed parks
and recreation facilities and programs. The deficiencies will be categorized in terms of
amenities, facilities, and/or land area. The assessment will be structured to identify
those deficiencies which can be met through expansion of existing parks / facilities /
programs, and those which must be met through new sites. The assessment will
consist of the following components:
1. Current Levels
The City's existing Parklands and Public Facilities Ordinance describes certain
standards for parks and recreation facilities. These standards will be compared
to the existing provision of facilities (in both eastern and western Chula Vista),
and a deficiency level will be determined.
2. Projected Levels For Western Chula Vista (2015)
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\2.-)1
PIP Program
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October 1993
Based on the current levels of deficiency and the potential for additions to the
system, any continuing deficiencies will be projected to the year 2015 based on
the Demand Analysis and the City's growth forecasts.
3. ADA Compliance Evaluation of Existing Facilities
Using the checklists developed in Phase I, field surveys of existing facilities will
be conducted to determine improvements needed to comply with the Federal
mandate, along with estimated costs.
C. lAND AVAilABILITY / FEASIBILITY ANALYSIS FOR ACQUISITION, lEASES AND
DEVELOPMENT
1. This analysis will compare the vacant and available land inventory from Phase
I to the Deficiency Assessment in Phase II, in conjunction with existing policies
and standards for parks provision/development. Focus will be given to the
western Chula Vista area.
Investigations regarding use of the SDG&E easements for park and recreation
purposes (particularly in the Montgomery area) will be dovetailed with these
broader analyses, so as to and evaluate the viability of including all or part of the
easements in the potential parkland inventory. Such investigations are
envisioned to consider the SDG&E proposals for possible commercial uses.
D. POLICIES AND OPTIONS
1. Facilities/land Area Park Acreage Credit System.
An analysis will be performed to determine the feasibility of including existing
public/quasi-public active recreation structures such as gyms, community centers
or aquatic facilities in development of a park acreage equivalency formula. In
addition, joint use opportunities with other public or quasi-public entities will be
identified as another way to factor in park acreage credit.
a. City-Owned Facilities.
The City's current recreation facilities will be identified as to whether its
structures can be encompassed in a land area credit system.
b. School-Park Joint Usage Policy.
An analysis will identify the two school districts with which any potential
agreements can be negotiated to share facilities, and recommend a
policy for implementation. The analysis may reveal a potential to allow
park credit for use of school facilities and lead to the development of a
school park policy.
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PIP Program
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October 1993
c. Quasi-Public Facilities Credit.
Based on the Inventory of Existing Conditions performed in Phase I, the
quasi-public facilities (i.e., Boys and Girls Clubs, Churches, and the
YMCA) will be identified and recommended for credit against the parks
acreage standard in order to mitigate a portion of the deficiency.
2. Park Site Selection/Net Usable Acreage Policy.
The Parks and Recreation Department has developed a Park Site Selection
Policy and will recommend its inclusion in the Parks Implementation Plan for
adoption by the City Council.
3. Differential standards for seniors housing.
As the City of Chula Vista has no current standard for seniors' housing as a
separate housing density group, an analysis based on demographics will
recommend a classification.
4. Parks Development Impact Fee (DIF) collection for apartments.
An analysis will be performed on whether a Parks DIF should be instituted to
facilitate additional revenue to support existing and/or new parks and recreation
facilities.
5. SDG&E Right-of-Way Usage.
Based on the prior feasibility analyses of the potential for partial use for parks
and recreation purposes, will identify the subsequent planning efforts which must
take place.
It is envisioned that the above analyses would result in an Issues Paper identifying
policies the City would need to consider in developing a final PIP.
E. CONCLUSIONS
(public input)
PHASE III -IMPLEMENTATION PLAN / PROGRAM
A. IMPLEMENTATION PLAN
The Implementation Plan will be structured in two parts, the first being a brief overview
of a City-wide Plan which addresses the interrelationships between eastern and
Western Chula Vista, and the second focusing on Western Chula Vista (with defined
sub-areas), as follows:
[pip-2.All ]
\2..-\Q
PIP Program
-7-
October 1993
1. City-wide Goals, Objectives, Policies.
At minimum, will address a revised Parks and Recreation Threshold
Standard, a Parks Credit Policy, a review of the existing General Plan
Diagram approach to designating park sites along with establishment of
techniques for the future designation and development of parks, and
identification of needed amendments to any existing General Plan
Elements.
Although not intended to be a complete "Greenbelt Plan" as called for in
the City General Plan, this City-wide component will address potential
linkages of existing and proposed park facilities with the Greenbelt
through trails and other connections.
2. Western Chula Vista Goals, Objectives, Policies
Will establish specific measures to ensure implementation of the City-
wide plan in Western Chula Vista, recognizing the more specific
conditions presented within each identified sub-area.
In addition, with regard to the SDG&E easement, a schematic map of
potential active and passive park sites, and set of guidelines will be
prepared for use in the subsequent development of a detailed
implementation strategy with SDG&E.
B. IMPLEMENTATION PROGRAM
1. Will discuss and recommend the available funding sources to effectuate the
components of the Plan, including:
a. A Western Chula Vista Capital Improvement Strategy for acquisition and
development;
b. A proposed American with Disabilities Act strategy to retrofit recreation
facilities; and
c. A maintenance and operations funding strategy for any parks and/or
recreation facilities which may be proposed.
2. Will recommend feasible joint-use agreements with proposed affected agencies
(such as the school districts), and also suggest funding sources should the joint-
use agreements entail building renovations or land development.
[pip-2.All ]
\"2,..-\\
~ ,._~-,~~'",._...".".,--..~..,....~,,..,._~,~_.-;,.~-------.~-~-~~-~~-.-....__..........--
PIP Program
-8-
October 1993
C. RELATIONSHIP TO OTHER PLANNING EFFORTS AND PROGRAMS
This section of the Implementation Program will identify those planning efforts which are
potentially interrelated to the PIP, and discuss the nature of those relationships, to
ensure that work in each of the different efforts is directed in a manner which achieves
necessary coordination. Currently, those other efforts are:
1. The Schools Impact Mitigation Study, Otay Valley Regional Park (OVRP) Plan,
Otay Ranch General Development Plan (GDP), Main Street Study, SDG&E
Right-Of-Ways, and the Greenbelt Master Plan.
(public review and hearings)
[pip-2.All]
\ :2..-\ 2.
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Minutes
February 23, 1993
Page 2
RFSOLImON 16994 ADOPTING POUCYREGARDING DEVELOPMENT ON PROPERTIES WHICH
lRIGGERS TI-IE REQIDREMENT TO INSTAlL OR ALTER PUBUC IMPROVEMENTS IN TI-IE ADJOINING
PUBUC RIGHT-OF-WAY
7. RFSOLImON 16995 DESIGNATING AUTI-IORIZED CI1Y REPRESENfATIVES TO ACQIDRE
SURPLUS PROPERlY FROM TIiE CAUFORNIA STATE AGENCY FOR SURPLUS PROPERlY (CATEGORY 1) .
The City has been requested by the Department of General Services of the State of California to update the
list of authorized representatives for acquisition of surplus property. The list was last updated in August
1989. In order for the City to be eligible to continue to participate in the program, it is necessary to update
the information. Staff recommends approval of the resolution. (City Manager)
8. RFSOLImON 16996 AlTIHORIZING EXPENDITIJRE OF FUNDS FOR CREATION OF A NON-
PROFIT CORPORATION TO BE KNOWN AS CHULA VISTA INFORMED, INC., AND AUTI-IORIZING
AGREEMENT WITI-I CORPORATION FOR MAIUNG SERVICES - By establishing Chula Vista Informed, Inc.,
the City would be able to take advantage of lower non-profit postage rates and save approximately $6,000
per year on the mailing of the "Chula Vista Quarterly" newsletter. Staff recommends approval of the
resolution. (Administration)
9. RESOLImON 16997 REJECTING A NON-RESPONSIVE BID AND ACCEPTING BID AND
AWARDING CONTRACT FOR PUROiASE OF BODY ARMOR . Bids were received in the office of the
Purchasing Agent for the purchase of body armor for use by Police Officers. The contract will be for a one
year period for an estimated total of 90 pieces of body armor. Purchases will be made based on fund
availabiiity. Staff recommends approval of the resolution. (Director of Finance)
10. RESOLUTION 16998 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN
UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO TI-IE UNEMPLOYMENT INSURANCE
ACCOUNT - The City pays for its Unemployment Insurance Claims by reimbursement. It was agreed in
1991-92 not to request the normal budget requirement but rather to appropriate each quarter from the
Unemplo)mem Insurance Account Fund. Staff recommends approval of the resolution. (Director of
Personnel) 4/5th's vote required.
11. RESOLImON 16999 APPROVING AGREEMENfWITI-I SCHMlDTDESIGN GROUP TO CONDUCT
TURF AUDITS - The South County Turf Water Management Program is sponsored by the San Diego County
Water Authorit)' (CWA) and the Metropolitan Water District. The purpose of the program is to evaluate
large water consumers irrigation systems. The study will provide guidelines to the agency to become more
efficient in water management, thus reducing cost of water utilities. Schmidt Design Group, Inc. was
selected by CWA to perform water audits for South County agencies. Staff has designated the following sites
to have the irrigation system analyzed and evaluated: Greg Rogers Park, Palomar Park, and Rienstra Sport
Fields. Staff recommends approval of the resolution. (Director of Parks and Recreation)
12. RESOLImON 17000 APPROVING AN AGREEMFNf WITI-I ROBERT MITOiELL AND ASSOCIATES
FOR DEVELOPMENT OF APARXS IMPLEMENTATION PLAN (OP-PR-l64),ANDAUTI-IORIZING TI-lEMAYOR
TO EXEa.rrE SAID AGREEMENT - During Fiscal Year 1992-93 Capital Improvement Project budget process,
Council appropriated $75,000 in Park Acquisition and Development (PAD) funds to contract for a Parks
Implementation Plan. In accordance with Objective One of the City's Park and Recreation Element of the
General Plan, a Parks Implementation Plan will serve as an update to the Park and Recreation Element of
the General Plan and will address areas within the City's boundaries, as well as the City's Sphere of
Influence. The Plan is intended to be a collaborative effort between staff and the consultant. Staff
\ 2.-\i
Minutes
February 23, 1993
Page 3
recommends approval of the resolution. (Director of Parks and Recreation) Pulled from the Consent
Calendar.
Mayor Pro Tern Rindone questioned on what basis staff felt the administrative staff of the Parks and
Recreation Department could not handle the responsibility of the project over a period of time.
Jess Valenzuela, Director of Parks and Recreation, stated that some of the responsibilities could not be done
by staff, specifically an area such as the survey work. In the area of Americans with Disabilities Act there
would be technical expertise to evaluate the park system, west of I-80S, for compliance with the new law.
In other areas staff could look at available vacant land and things of that na.ture although it would be very
time consuming. He felt it would take one and one-half years to complete such a study.
Mayor Pro Tern Rindone stated he was not convinced that staff could not complete the project more fiscally
prudent than what was being presented. One of the administrative functions of a department was to come
up with a recommendation of a master plan. There were a number of workshops being offered regarding
ADA compliance and he felt staff could be more proactive. He was concerned regarding the proposal of an
Ad Hoc Systems Advisory Task Force and felt it would take away some of the functions of the Parks and
Recreation Commission.
MS (Rindone/Horton) to refer the item to staff to come up with a more prudent recommendation,
particularly survey needs and others, and try to conduct most of the activities in-house.
Councilwoman Horton stated Mayor Pro Tern Rindone had expressed many of her concerns. She felt staff
could do the Needs Assessment Survey. She questioned the services needed for ADA and whether some of
the survey work regarding ADA compliance could be done in conjunction with the Engineering Department.
Mr. Valenzuela responded the consultant would look at the accessibility of all of the parks/recreation
facilities in the western part of the City. The consultant would also be looking at existing land that was
available, looking at studies, past survey work, ete. which was a very labor intensive process. Some of that
work was currently being coordinated with other departments but it was a long arduous process. The
proposal would help to speed up the process. The study had been supported by the GMOC, Chula Vista
2000 and 21 in terms of master planning.
Councilman Fox felt there was a need for a Needs Assessment Survey and that it should be done outside due
to the labor intensiveness.
City Manager Goss stated the Parks and Recreation Department had made a request to his office for the
current budget year of $125,000. Knowing the sensitivity of the Council to the issue the proposal had been
modified to about half of the amount so the Master Plan could be compiled in a timely fashion. Staff could
do much of the work the consultant would be doing but it was a maner of prioritization.
Mayor Pro Tern Rindone stated the intent of the motion was that staff would go back and review all aspects.
If a survey could be done in-house, it should be included. A little longer time in providing a Park Master
Plan was a good trade-off for $70,000. He commended staff for their realization of the need for a Park
Master Plan.
Councilman Moore felt the key issue was workload. He questioned what projects would be trailed if done
in-house and felt that future reports should contain that information.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
13.A RESOLUTION 17001 APPROVING TI-IE INITIATION OF PROCEEDINGS AND DESCRIBING TI-IE
IMPROVEMENTS FOR CONSOUDATING OPEN SPACE DISTRICf NUMBERS 14 AND 24 (BONITA LONG
\2..-lS
PARKS AND RECREATION COMMISSION
September 16, 1993
PAGE 2
Paul Slater of the Otay Valley Regional Park Citizens Advisory Commission discussed the various
aspects of CALP A Wand its potential benefits to the Southbay area. In addition, he gave a status
report of the number of signatures obtained thus far toward placing this initiative on the ballot.
He then answered various questions from the Commission regarding deadlines and actions required
to further this Bond Act. He invited the Commissioners to offer their assistance in gathering
signatures.
Motion for the Commission recommend to Council that they support CALP A W.
MSCALEVYIPALMA5-O
New Business
a. PARK IMPLEMENTATION PLAN
Sf. Management Assistant Nancy Woods gave a background summary of the parks implementation
plan and highlighted the report that had been distributed to the Commission. She gave an overview
of the purpose of a parks implementation plan for the benefit of the new Commissioners.
Commissioner Sandoval-Fernandez asked how many acres of Otay Valley Regional Park lie within
the City of Chula Vista and could be used to make up the park acreage deficiency west of 805.
Director Valenzuela stated that they have identified at least 30 acres in the valley that could be used
toward this deficiency.
Commissioner Alevy would like to see the Commission to be a unifying force to bond eastern Chula
Vista with Western Chula Vista. He feels that there is too much separation, almost as if it were two
cities.
Motion to approve the park implementation plan.
MSC SANDOV AUFERNANDEZlALEVY 5-0 (CARPENTER/WILLElT OUI)
b. SIGNAGE FOR GOLF COURSE
Commissioner Alevy expressed his concerns about the potential for balls hit from the golf course
striking persons on the jogging trail and as a result of the injury claim a liability against the City. He
thinks that there should be some kind of liability relief for the City and for the golfers who are using
the golf course. His concern is both for the jogger/walker rights and for the rights of the golfers.
Commissioner Palma feels that the issue of contributory negligence on the part of the joggers would
tend to mitigate the City's liability.
Director Valenzuela feels that this is a valid point and that the issue should be taken up with the City
Manager and the City Attorney.
I 2.. - \ l.:.
'.
Minutes
July 20, 1993
Page 10
Mayor Nader requested that the City Attorney look at that requirement prior to the 8/10/93 meeting as he
had been infonned it did not require 4/Sth's vote.
VOTE ON MOnON: approved 4-0-0-1 with Rindone abstaining.
23. PUBUC HEARING REVIEW AND CONSIDERAnON OF nm GROWll-l MANAGEMENT
OVERSIGHr COMMISSION'S (GMOC) 1992 ANNUAL REPORT - Pursuant to requirements of the City's
growth management program, the annual report reflects the. outcome of analysis of infonnation presented
by various City departments and external agencies regarding the impacts of growth on each of the eleven
facility and service topics covered by the Threshold Standards. The report serves to identify whether or not
the City is in compliance with each of the standards and to make related recommendations to Council on
any actions believed necessary to remedy identified deficiencies and/or ensure continuing compliance. It
is recommended that Council accept the 1992 Annual Report and direct staff to undertake actions necessary
to implement the Report's recommendations; and (2) direct staff to prepare the necessary Statements of
Concern for issuance by the Mayor regarding the Water, Schools, and Air Quality Thresholds. (Director of
Planning)
. Will Hyde, Chair of the Growth Management Oversight Commission, infonned Council that Elizabeth
Allen was also present from the Commission. He gave a brief review the history of the GMOC and felt it was
now well established and well run.
Councilmember Fox stated Council had been told that eastern development was not responsible for the
development problems in the City and the report implied the opposite. He questioned whether the GMOC
. discussed what responsibilities, if any, development east had regarding the problem.
Mr. Hyde responded the drainage problem had been discussed thoroughly and staff was asked if some of
the problems in the areas west of I-80S were attributable, in part or in whole, to the development east of
I-80S. Staff infonned the GMOC that the answer was "no". Therefore, the Committee indicated that they
had been advised that the drainage problem was not in and of itself caused by development east of I-80S
but they were sufficiently concerned and would revisit the issue next year.
Councilmember Fox requested that if the Commission felt the same next year, he would like an analysis of
why they came to that conclusion and make recommendations to Council. The GMOC had recommended
monitoring of several items and he questioned whether the Commission was recommending that the reports
be submitted to Council.
Mr. Hyde stated the interim reports for perfonnance standards for Priority 1 calls should be given to
Council. The Commission felt they were on the edge and that it would be appropriate to monitor.
Councilmember Fox questioned if Council adopted the GMOC recommendations if staff would be going forth
with the Green Belt Master Plan or Council was approving it in concept.
Mr. Hyde stated they felt the Park and Recreation Threshold should be revised so there would not be two
standards of requirements for park space. One of the reasons Council had not acted on that in the past was
because a Park Implementation Plan had not been completed. The GMOC felt the Park Implementation Phm
should be completed as soon as possible. They also recommended that as part of the Park Implementation
Plan there be reference to the fact that there should be a Green Belt Master Plan. The General Plan stated
there "shall be developed a Green Belt Master Plan" and it had never been done.
Mayor Nader stated the City had failed to meet the Police Threshold, marginally, for the second year in a
row and questioned whether it was Mr. Hyde's opinion that given trends and additions to the police force
in the current fiscal year budget that the issue would be adequately addressed.
11.-1\
z
Minutes
July 20, 1993
Page 11
Mr. Hyde responded that in speaking for himself, he felt they were moving in the right direction. He was
not qualified to say whether what was being proposed was adequate. The GMOC suggested the police
Department make an effort to evaluate the Threshold Standard. They were not. convinced that response
performance alone was the only and best way of evaluating the growth impacts upon police service.
Mayor Nader stated the report indicated that the threshold issues regarding police were not necessarily
related to growth but felt it clear that an additional increment of growth would add to the need for police
services.
Mr. Hyde agreed, they felt the standard was decent but were not sure it was the best standard for evaluation.
Mayor Nader stated his concern was that they were stressing an analysis of what impacts growth up to the
present had already caused. What he was interested in as a growth manager, was what impacts would be
caused by the next increment of growth. If the City found itself in a situation where the police Threshold
was not being met, even if the cause was not growth, but more growth would aggravate it, the City needed
to enforce the growth management ordinance which called for a moratorium under those conditions.
Mr. Hyde responded that it would be a very'tough call to prove that growth, in and of itself, was causing
the police performance sta,ndard to diminish to the point Council would stop, slow, or reduce growth.
Mayor Nader felt the issue was not whether growth had already caused that decline in the standard but
whether additional growth would aggravate that decline. He had been informed that an increasing number
of Priority 2 calls were "killed by communications". He questioned whether that was an issue reviewed by
the Commission.
Mr. Hyde responded no.
Mayor Nader suggested the GMOC invite the POA to send a representative when police Thresholds were
considered. He questioned whether the report was approved by the Commission unanimously.
Mr. Hyde responded that was correct. The Montgomery Planning Committee had not been able to take
action on the report due to a lack of quorum. The Planning Commission approved the report 6-1 with a
two-part motion: 1) approved the report; and 2) the Council be requested to expedite the processing of the
Park Improvement Plan and development of a Green Belt Master Plan.
Mayor Nader stated he had concern with the tone of the Letters of Concern in the past and felt they should
be drafted in a friendly manner. The letters should include the recommendations of the GMOC indicating
the City's willingness to "step to the plate" in support of the agencies fulf1lling their missions. Regarding
the Park Implementation Plan, he felt the City needed a series of actions rather than a plan. A higher
priority should be given to the development of Otay Valley Regional Park and to monitor development
proposals that potentially impacted the Green Belt.
Mr. Hyde felt it needed to move from concept to something that had some degree of definition. Then the
property owners would have an idea of what lands the City felt should be protected.
Mayor Nader hoped that in presenting and developing reports to Council on discretionary land use decisions
the comments Mr. Hyde made would be automatically incorporated into staff recommendations. It was part .
of the General Plan to have a Green Belt and the City should be following that in good faith.
Councilmember Rindone referred to the recommendation of "assisting the school district.... and requested
further clarification.
Mr. Hyde responded that the nature of what could be done was cooperation to make it easier for schools
to work within the framework they had in land use planning.
\ 2-\ ~
Minutes
July 20, 1993
Page 12
\
Councilmember Rindone referred to the recommendation regarding a new standard for alternative fuels and
encouraged staff to focus on that recommendation. He was pleased to hear that growth may not be the best
measure in ascertaining the impacts on the police department. It might be the best measure, however, it
might not be the only measure.
******
Councilmember Horton stated she would have to leave the meeting but requested that Item 18 be continued
to the 7/27/93 meeting and that Councilmember Rindone give Council and the public the presentation he
made a the Chula Vista Chamber of Commerce regarding the Waste Participation Agreement.
~C (NaderlRindone) to continue Item 18 to the meeting of 7/27/93.
Councilmember Horton left the meeting at 9:20 p.m.
******
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was closed.
Councilmember Moore stated there were fifty items recommended for action in the report. He questioned
whether there were other developments to the east, other than Telegraph Canyon, that adversely impacted
the City.
John Lippitt, Director of Community Development, responded that Telegraph Canyon was the major one that
would impact the west. The areas south were not developed. yet.
Councilmember Moore stated that most of the flooding, if subtracting Telegraph Creek, was caused by the
fact that Chula Vista drainage was usually a dip in the road. In reviewing the minutes from the GMOC
report last year, the following reclimmendations were approved: 1) bring back to Council a formula for a
weighted factor as to acreage for gymnasiums, pools, community centers, etc. If Council was waiting for
a master plan, he felt that should come before a master plan and the data then be used in the master plan.
2) Evaluate park expansion potential south of Main Street, during budget review, as a means of addressing
park needs. He did not remember that being a supplemental during the budget process. 3) Bring back
report on potential and logistics for a joint use agreement with the school district for use of these facilities.
He felt that should be done well before, and utilized in, the master plan. The City could become a full
partner with the schools by sharing facilities and helping to pay the operation and maintenance (0 & M).
4) Review zoning, etc. and report where park acreage could be sited west of I-80S, list present usage and
purchase cost. 5) City Manager bring back a report during budget review regarding short range measures
to address East "H" Street, west of Hilltop, other than widening the street to mitigate traffic. Those items
were now one year old and he had not seen any results.
Mayor Nader requested the City Manager, next week, advise Council when those items outlined by
Councilmember Moore would be presented to staff.
MSC (Foz,INader) to approve staff recommendation: 1) accept the 19092 GMOC Annual Report and
recommendations contained therein. and direct staff to undertake actions necessary. to implement those
recommendations; and 2) direct staff to prepare the necessary Statements of Concern for issuance by the
Mayor regarding the Water, Schools, and Air Quality 1bresholds. It should also be understood that Council
would get the quarterly Monitoring Reports for the police Priority 1 service calls. Approved 4-0-1 with
Horton abSent.
MS (Rindone/Moore) direct staff to look into the development of an additional quality of standard for
alternative fuels for future consideration by CouneD..
\2.-\C\
~
Minutes
July 20, 1993
Page 13
councilmember Moore felt that maybe it should not be a new item but could be incorporated into the Air
Quality Threshold.
Mayor Nader felt that would be more appropriate, agreed to by the Seconder of the motion.
VOTE ON MOTION AS AMENDED: approved ~1 with Horton absent.
* * * * Council recessed at 9:35 p.m. and reconvened at 9:45 p.m. * * * *
24. PUBI.JC ~G TENTATIVE SUBDMSION MAP PCS-90-07; APPEAL OF TIiE PLANNING
COMMISSION DECISION TO APPROVE ONE-YEAR TIME EXTENSION FOR TIiE SUNBOW II SUBDMSION,
TRACT 90-07 _ On 7/14/93, the Planning Commission unanimously approved a one-time extension request
for the Sunbow II Subdivision. Due to time constraints and legal requirements of the application, the
applicant filed in advance an appeal of the Planning Commission decision to ensure that any potential
appeal, including the applicant's own; could be considered by Council before the map expires (7/21/93)
Staff recommends approval of the resolution. (Director of Planning)
RFSOLUTION 17177 DENYING TIiE APPEAL AND AFFIRMING TIiE PLANNING COMMISSION
RFSOLUTION TO APPROVE A ONE-YEAR TENTATIVE MAP EXTENSION FOR TIiE SUNBOW II
SUBDMSION, TRACT 90-07
Ken Lee, Assistant Director of Planning, stated staff had talked to Mr. Hall and explained to him that the
action requested by Council was an extension of the Tentative Map and did not deal with the land use issue
per se. The land use issue was settled through the General Development Plan and SPA Plan in 1989-90.
The industrial land was not adjacent to the property but approximately one-quarter mile to the east and was
a limited industrial zoning category and separated topographically by two ridges from the residential area.
Mayor Nader stated the prevailing party was appealing against itself in order to make sure there was a
timely hearing in order to expedite the process. If they waited, there was concern there could be regulatory
or economic consequences for the holder of the map. It was due to a series of regulatory circumstances.
This being ~e time and place as advertised, the public hearing was declared open.
. Jim Dawe, 750 "B" Street, Dan Diego, CA, representing Sunbow II, stated the Mayor's explanation
was accurate and that due to City ordinances it appeared it was necessary for them to come forward with
an appeal so the map would not expire. Other than a one or two sentence letter from Robinhood Home
Subdivision, they did not receive any comments in opposition to the extension.
City Attorney Boogaard requested that Mr. Dawe express his clients agreeability to the new conditions
imposed on the extension.
Mr. Dawe responded that his clients had already signed a letter agreeing to that except there was one
modification in Condition #95, last sentence, which was clarified "may require reconsideration" rather than
"will require reconsideration". It was his understanding that would be acceptable to the staff.
City Attorney Boogaard questioned if all other conditions were acceptable.
Mr. Dawe responded yes.
. A.W. Hall, 1675 Pt. Reyes Court, Chula Vista, CA, member of the Resource Conservation Commission,
was not present. Mayor Nader read the following comment into the record: "I object to this extension
because of the land use permitted on the south side of Orange Avenue towards Robinhood".
\2.-LD
COUNCIL AGENDA STATEMENT
Item2
Meeting Date 11/2/93
ITEM TITLE: Public Hearing: Amendment to the Municipal Code, PCA-94-01 -
Consideration of an amendment to Chula Vista Municipal Code Section
19.14.050A to allow applicants for planning permits to bypass the
Zoning Administrator and have their applications considered by the City
Planning Commission in public hearing - City Initiated
Ordinance ;( 57~ Amending Section 19.14.050A of the Chula
Vista Municipal Code to allow applicants for planning permits to bypass
Zoning Administrator to expedite consideration by the Planning
Commission
_,,__, /7
SUBMITTED BY: Director of Planning / &Il/
REVIEWED BY: City Manager (Plt-,(~ (4/5ths Vote: Yes_NoX)
ftl) Council Referral No. 2726
In February, the City Council requested staff to pursue several permit streamlining actions
which had been referred to staff for evaluation. One of the items directed by the Council was
to "prepare a draft ordinance which would provide an applicant with the option to bypass the
Zoning Administrator and take applications directly to the Planning Commission".
The Environmental Review Coordinator has determined that the amendment is exempt from
environmental review under Section 15061 (b3) of the CEQA Guidelines. .
RECOMMENDATION: That Council adopt the ordinance amending Section 19.14.050A of
the Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATION: On October 13, 1993, the Planning
Commission voted 7-0 to recommend that Council enact the amendment.
DISCUSSION:
Section 19.14.030 of the Municipal Code allows the Zoning Administrator to approve,
disapprove, or conditionally approve certain types of Conditional Use Permits, variances, site
plan and architectural approvals, zoning permits, and home occupation permits. Section
19.14.040 of the Municipal Code further provides that "the zoning administrator may, athislher
option, refer any of the matters on which he/she is authorized to rule and/or issue a permit to
the planning commission for review. In such cases, a public hearing as provided herein shall
be mandatory."
13-/
Page 2, HemE
Meeting Date 11/2/93
Council requested staff to prepare a Code amendment which would provide that a project
applicant may also request that action by the Zoning Administrator be waived, and that the
matter be scheduled for public hearing before the Planning Commission. This would allow an
applicant to have the matter scheduled for a public hearing before the Planing Commission
immediately upon filing of an application, rather than requiring an action by the Zoning
Administrator and appeal of that action to the Planning Commission. An applicant may wish
to select this option if he or she is aware of significant public controversy regarding a proposal,
or is aware of conditions which may be imposed by the Zoning Administrator which are
unacceptable, based on preliminary input from City staff. By taking this approach, a public
hearing before the Planning Commission could be scheduled more quickly than if the applicant
were required to await action by the Zoning Administrator and file an appeal of that action.
The proposed amendment to Section 19.14.050.A would read as follows:
The Zoning Administrator may, at his/her option, refer any of the matters on
which he/she is authorized to rule and/or issue a permit to the planning
commission for review. In addition a proiect applicant may request that any
such matter be referred directlv to the Planning Commission for action. In such
cases, a public hearing as provided herein shall be mandatory.
It should be noted that the Planning Department staff already offers project applicants the
option of having these types of matters referred directly to the Planning Commission.
However, the proposed Municipal Code amendment would remove any ambiguity regarding
the right of an applicant to request such a referral, and would ensure that all applicants are
aware of this option at the earliest point in the process.
FISCAL IMP ACT: The amendment may potentially reduce applicant processing times and
costs.
WPC F:\home\planning\1385.93
/ ;JI- ;2
ORDINANCE NO.
;;,S75
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.14.050A OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW APPLICANTS FOR
PLANNING PERMITS TO BYPASS ZONING
ADMINISTRATOR HEARING TO EXPEDITE
CONSIDERATION BY PLANNING COMMISSION
SECTION I: That section 19.14.050A of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 19.14.050 Public Hearing-Mandatory When.
A. The zoning administrator may, at her/his option,
refer any of the matters on which she/he is
authorized to rule and/or issue a permit to the
planning commission for review. In addition. a
proiect applicant may request that any such matter
be referred directlv to the Planning Commission for
action. In such cases, a public hearing as
provided herein shall be mandatory.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and doption.
(
~. Bruce M.
Attorney
as ~.tO.it
..: ."
,.
,
l
n
l.~'
Presented by
Robert A. Leiter, Director of
Planning
C:\or\19140S0
13 -3
RESOLUTION NO. PCA-94-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
AN AMENDMENT TO CYMC SECfION 19.14.030 A. TO
ALLOW APPLICANTS FOR PLANNING PERMITS TO BYPASS
THE ZONING ADMINISTRATOR AND HAVE THEIR
APPLICA nONS . CONSIDERED DIRECTLY BY THE
PLANNING COMMISSION IN A PUBLIC HEARING - CITY
INITIATED
WHEREAS, Section 19.14.030 of the Municipal Code allows the Zoning Administrator
to approve, disapprove, or conditionally approve certain types of Conditional Use Permits,
variances, site plan and architectural approvals, zoning permits, and home occupation permits,
and
WHEREAS, in February 1992 the City Council directed staff to prepare a draft ordinance
amendment to CYMC Section 19.14.050 A to allow applicants for planning permits to bypass
the Zoning Administrator and have their applications considered directly by the Planning
Commission, and
WHEREAS, the proposed code amendment would provide applicants with the option to
request that a project be scheduled for a public hearing before the Planning Commission
immediately upon f1ling a planning permit application, rather than requiring an action by the
Zoning Administrator and appeal of that action to the Planning Commission, thus expediting
project processing, and
WHEREAS, the Planning Director set the time and place for a hearing on said amendment
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
October 13,1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator has determined that the amendment
is exempt from environmental review under Section 15061(b)(3) of the CEQA Guidelines.
NOW, TIIEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT
THE HEARING, THE PLANNING COMMISSION recommends that the City Council adopt the
proposed Municipal Code amendment modifying the planning permit processing procedures in
accordance with the attached draft City Council Ordinance.
That a copy of this resolution be transmitted to the City Council.
I.J~~
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 13th day of October, 1993 by the following vote, to wit:
AYES:
Commissioners Fuller, Martin, Moot, Ray, Salas, Tarantino, Tuchscher
NOES:
ABSENT:
fJ
Thomas A. Martin, Chairman
ATTEST:
~~ JJfi:Lur
Nancy Ripl ,Secre 0
WPC F:\HOME\PLANNING\134S.93
13-?
PC Minutes
-23-
October 13, 1993
Excerpt from 10/13/93 Planning Commission Minutes
ITEM 5.
PUBLIC HEARING: PCA-94-0l : CONSIDERATION OF AMENDMENT TO
CHULA VISTA MUNICIPAL CODE SECTION 19.14.050A TO ALLOW
APPLICANTS FOR PLANNING PERMITS TO BYPASS THE ZONING
ADMINISTRATOR AND HAVE THEIR APPLICATIONS CONSIDERED
DIRECTLY BY THE PLANNING COMMISSION IN PUBLIC HEARING
Principal Planner Griffin said this was mainly a housekeeping amendment which would formalize
what was already being done as a matter of policy.
MSUC (Ray/Fuller) 7-0 to adopt PCA-94-01 recommending that the City Council amend
Chula Vista Municipal Code Section 19.14.050A to allow applicants for planning permits
to bypass the Zoning Administrator and have their applications considered directly by the
Planning Commission in public hearing.
/3-7
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
CITY COUNCIL AGENDA STATEMENT
Item Li/l
Meeting Date 11/02/93
PUBLIC HEARING: REGARDING THE PROPOSED
DISSOLUTION OF THE MONTGOMERY PLANNING COMMITTEE
AND SEATING OF THE REMAINING MEMBERS ON THE
SOUTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE
-7"
ORDINANCE.;;,..s REPEALING SECTION 2.48.200 OF THE CHULA
VISTA MUNICIPAL CODE THEREBY DISSOLVING THE
MONTGOMERY PLANNING COMMITTEE
Director of Planning;;!lt ~
Community Development Director (. .
City Manager 6 f./(,
ft-l \ (4/5ths Vote: Yes No ..L)
The City of Chula Vista Economic Development Commission was charged with making
recommendations for streamlining the development permit process. The EDC, in their final
report adopted by the City Council on October 6, 1992, recommended that the project review
authority of the Montgomery Planning Committee (MPC) be restricted to legislative changes to
the Montgomery Specific Plan, and then review their authority in the future to assess the
desireability of discontinuing the MPC altogether. The City Council did not accept this
recommendation (#17) and moved to appoint a two-member Council Subcommittee for the
purpose of reviewing the "forming ordinances", and developing a consensus on this item, and
another related recommendation (#16) regarding the future role and function of the
Redevelopment Project Area Committees.
To this end, the Redevelopment Agency Board revised the role and function of the Project Area
Committees on March 16, 1993, to restrict their review of projects to only those that require
discretionary land use approvals. Upon completion of that issue, it was appropriate to proceed
with the MPC item.
The Council Subcommittee was unable to reach a consensus on the disposition of the MPC and
therefore, requested that staff bring the item to Council for further direction. The matter was
heard on August 17, 1993, at which time the Council voted 3-2-0 to direct staff to dissolve the
Montgomery Planning Committee and to determine the appropriate process for seating the
remaining members of the MPC on the Southwest Project Area Committee (SWRPAC). The
final staff report from the August 17 meeting is attached as Exhibit B which provides more
extensive background information.
;Y/l-/
Page 2, Item~/J
Meeting Date 11/02/93
RECOMMENDATION: It is recommended that the City Council adopt the Ordinance which
repeals Section 2.48.200 of the Municipal Code thereby dissolving the Montgomery Planning
Committee, and that it be placed on the first reading.
BOARDS/COMMISSIONS RECOMMENDATION: This item was presented at a Joint
Special Meeting of the Southwest Project Area Committee and the Montgomery Planning
Committee on October 18. Due to a lack of a quorum for both committees, no formal action
was taken. However, discussion of the item did take place as reflected in the draft minutes
attached as Exhibit A. To briefly summarize, MPC member Scheurer voiced his opposition to
the proposed dissolution, but later said that he would have agreed to serve on the SWP AC if he
were not moving to Nevada within the next month. MPC member Platt was generally
supportive of the dissolution and would agree to serve on the SWRP AC because of the previous
action taken by the Council. SWRPAC Chair Brown was not supportive, nor was Dr. A.S.
McFarlin who is a member of both committees. The overall thrust of their opposition (as was
Member Scheurer's) was based on the fact that approximately 60% of the Montgomery area is
not covered by the SWRP AC, and therefore, they felt that that area would not be adequately
represented because no one on the Planning Commission lives in the area. Additionally, there
were concerns that the current authority and responsibility of the SWRP AC is significantly less
than that of the MPC.
DISCUSSION:
As indicated previously, Exhibit B is the final staff report to the City Council/Redevelopment
Agency for the August 17, 1993, meeting. After discussion of the options outlined in the report,
the Council voted in favor of Option 2 to dissolve the MPC, and then if possible, seat the
remaining members on the SWRP AC. Although Council took this action, this Public Hearing
is still required pursuant to the requirement in Section 2.48 that a public hearing is necessary
to amend or repeal this section.
In the event that the recommended action is taken, MPC member Platt can be seated on the
SWRPAC through a simple majority vote of the existing members (as noted above, MPC
member McFarlin is already a member of the SWRP AC). Staff would present this proposal at
the planned Special Meeting of the SWRP AC on November 15 based upon the Council direction
of August 17. This would leave two vacancies on the SWRPAC.
The overall purpose of this EDC item is to help streamline the development permit process by
not requiring that an applicant appear before both the MPC and the SWRPAC. The MPC has
served its original purpose of providing input for the planning transition process of the
Montgomery community into the City after its annexation from the County in 1986. All
applicable "Montgomery" area projects that are not located within the Southwest Project Area
would be processed through the Planning Commission and City Council.
FISCAL IMPACT: Undetermined, although this streamlining recommendation was proposed
in order to eliminate the staff time and costs associated with staffing the committee.
C :\WP51 \HA YNES\REPORTS\MPCDISSO.113
/I/l ":2-
~s
~ po.C~~O
po. l{ sC~
~
ORDINANCE NO. c25?~
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REPEALING SECTION 2.48.200 OF THE CHULA VISTA MUNICIPAL
CODE THEREBY DISSOLVING THE MONTGOMERY PLANNING
COMMITTEE
WHEREAS, the City Council of the City of Chula Vi'ita, in response to a permit
streamlining recommendation of the Chula Vista Economic Development Commission, appointed
a two-member Council Subcommittee on October 6, 1992, for the purpose of reviewing the
"forming ordinances" and developing a consensus regarding the future disposition of the
Montgomery Planning Committee; and,
WHEREAS, the Council Subcommittee was unable to reach consensus and
requested that staff prepare a report outlining the advantages and disadvantages for each of four
options described by the Subcommittee; and,
WHEREAS, the City Council voted in favor of Option 2 in the August 17, 1993,
staff report thereby directing staff to dissolve the Montgomery Planning Committee and
determining the process by which the remaining members of the Montgomery Planning
Committee could be seated on the Southwest Project Area Committee; and,
WHEREAS, the City Council set and duly noticed the public hearing on
November 2, 1993, for the purpose of repealing Section 2.48.200 of the Chula Vista Municipal
Code to effectuate the Council direction of August 17, 1993; and,
WHEREAS, the hearing was held at the time and place as was advertised, namely
4:00 p.m. on November 2, 1993, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was hereafter closed.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby fmd, order, determine and resolve that Section 2.48.200 of the Chula
Vista Municipal Code is repealed thereby dissolving the Montgomery Planning Committee.
/1 / .
/ i f'
APY,R~ED A~? Ftt B:J
/J->~ tM I ,~A ',~
Bruce M. Boogaard
City Attorney
PRESENTED BY:
Robert A. Leiter
Planning Director
C:\WP51 \HAYNES\DQCUMEN1\MPCDISSO.ORD
/'1/13
. -I::J"'.. "- .
~;BY HAND_; BY MAIL
NO~ MAILED
-55-
;tj/J / r
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California, for the purpose of receiving testimony and deliberating
on the proposed dissolution of the Montgomery Planning Committee. The above action is a city
initiated proposal and is in response to a development permit streamlining recommendation of
the Economic Development Commission (EDC) for the City of Chula Vista. This action will
affect the area now known as the Montgomery Planning Area.
The City of Chula Vista proposes to repeal Section 2.48.200 of the Municipal Code (which
created the MPC) to effectuate the above action, which will implement the permit streamlining
recommendation of the city's planning process, in accordance with the Economic Development
Commission Recommendation Number 17, concerning the future role and function of the
Montgomery Planning Committee (MPC).
The EDC report is available and on file in Community Development Department. Any petitions
to be submitted to the City Council must be received by the City Clerk's office no later than
noon of the hearing date. If you wish to challenge the City's action on the dissolution of the
MPC 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,
November 2, 1993 at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED:
CASE NO.
October 18,1993
MPC Dissolution
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act (ADA), request individuals who may need special
accommodation to access, attend, and/or participate in a City meeting, activity, or service contact the City Clerk at (619) 691-5041 for
specific information on existing resources/or programs that may be available for such accommodation. Please call at least forty-eight
hours in advance for meetings and five days in advance for scheduled services and activities. California Relay Service is available for
the hearing impaired.
(MPCpub/notlfjh-a)
;1//7 ,~
CITY COUNCIL AGENDA STATEMENT
Item / 'I/l
Meeting Date 11/2/93--
ITEM TITLE: B: REPORT On the process of selecting the next neighborhood
for the implementation of the Neighborhood
Revitalization Program in the Montgomery Area.
SUBMITTED BY: Community Development Director {,-?,
REVIEWED BY: City Manager
(4/5ths Vote: Yes _ No X)
BACKGROUND: On April 1989, the City Council established the Neighborhood
Revitalization Program (NRP) and selected the Otay Town Neighborhood as the first area in
which to implement the program. City Staff has worked with this Community for the past four
years in planning and providing the neighborhood's needed public and private improvements.
Recently, the Council Members directed Staff to look into the selection of the next neighborhood
for the implementation of NRP. This report is in response to the Council direction (Referral
No. 2769) and it is intended to provide the Council with information on the results of the
existing program and the process Staff proposes to follow in the selection of the next
neighborhood. This process includes the classification of two neighborhoods (Castle Park "B"
and Woodlawn Park) as the finalists in the selection of the next neighborhood.
RECOMMENDATION: That the Council accept the report and direct Staff to continue the
process of selecting the next neighborhood for the implementation of NRP according to the plan
outlined in this report.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
NRP Otay Town
The implementation of the Neighborhood Revitalization Program (NRP) was initiated in
September of 1989. The first step in the process was the organization of the Otay Town
Committee. The purpose of this community organization has been to work with the City in
identifying and prioritizing the needs and desires of the community. The Committee has been
instrumental in the planning and implementation of many projects geared toward the
improvement of the neighborhood. Since 1989, several capital improvement projects have been
finalized and several others are fully funded and in the process of design or construction. Others
are planned and will be funded next year. Among the projects implemented are the following:
. Rehabilitation of over forty low-income homes representing a public investment
of approximately $2.5 million in low-income loans.
. Construction of sidewalks, curbs, and gutters on the western part of Otay (shown
as Phase I map attached as Exhibit I).
JI!J ~/
Page 2, Item / ;/6
-
Meeting Date 11/02/93
. Installation of street lights in the western part of Otay.
. Installation of a traffic signal at the corner of Third and Anita.
. Installation of traffic signs, street striping, and other traffic measures.
. Implementation of a comprehensive neighborhood clean-up campaign.
. The organization of an annual community fair.
. The preparation and distribution of a quarterly newsletter "The Otay Watch."
. The organization of the "Golden Hands Training Center" for the Otay Youth.
. Installation of community-identification signs.
. Planting of approximately 200 Jacaranda trees throughout the neighborhood.
Currently, the Engineering Department is designing the missing street improvements in the area
east of Third Avenue (shown as Phase II & III in map attached as Exhibit I) and it is expected
that this project will be completed by the end of the current fiscal year. These improvements
include sidewalks, curbs, gutters, approximately fifty street lights, and the widening and
improvement of Del Monte Avenue. The installation of another traffic signal at the corner of
Albany and Main Street is planned for next fiscal year. This past July, the Council appropriated
approximately $175,000 for the preparation of a master plan for the Otay Park which is being
prepared by the Parks and Recreation Department. Implementation of the master plan will be
included in the Capital Improvement Program (CIP) in the next year or two; funding will be
requested from the Community Development Block Grant (CDBG) allocation and will be subject
to City Council approval. The segment of Third Avenue between Orange Avenue and Main
Street requires street widening, sidewalks, curbs, and gutters (shown as Phase IV in map
attached as Exhibit I). The construction of these improvements will also be part of a project
which will be included in the CIP process during Fiscal Year 1994-95 for allocation of CDBG
funds and subject to approval by the City Council. The other issue that has to be dealt with
under NRP is the Otay alleys. Most of the alleys are unimproved and most of them are used
by residents as access to the back of their properties. The City Council has directed Staff to
look at whether the alleys should be closed or be left open and improved. Staff will be bringing
a recommendation to the City Council regarding the Otay Alleys in December of this year.
Conclusion of NRP in Otay Town
After having delivered the majority of the needed improvements and planned the rest, the
Neighborhood Revitalization Program is considered to be successful and to be concluded in the
Otay Neighborhood. Therefore, it is appropriate that this program be established in another
neighborhood within the Montgomery Area. Considering the NRP concluded in Otay Town does
not mean, however, that the City will immediately stop working with the Otay Community.
There is still the need to continue assisting the Otay Committee in some of the community
improvement programs they will continue to work with, such as clean-ups, traffic issues, the
production of "The Otay Watch," and the organization of the annual Otay Pair. These projects
and events will still require some minor Staff involvement, which needs to be phased out
gradually. Nonetheless, it is now time to work in the selection of the next neighborhood for the
implementation of NRP and Staff has already been working on this project.
ILI!J- ;L
, u/?
Page 3, Item / / II)
Meeting Date 11/02/93
Selection Criteria for the next neighborhood
During the past few weeks, Staff has been involved in the preparation of the framework for the
selection of the next neighborhood. This framework will be composed of the criteria used to
determine which neighborhood qualifies for the implementation of NRP. The criteria which is
recommended by the Montgomery Specific Plan and which was used to select Otay Town is the
following:
· Need for public improvements.
· Need for housing rehabilitation.
· Neighborhood character.
· Income status.
. Demonstration of local support for NRP.
This criteria is found to be appropriate to be used in analyzing each of the neighborhoods and
to determine which neighborhood should be chosen.
Neighborhood Description and Comparison Relative to the Selection Criteria
Montgomery is composed of five neighborhoods which are: Otay Town, Castle Park A & B,
Harborside A & B, Broderick Otay Acres, and Woodlawn Park (see map attached as Exhibit II).
The neighborhoods that are being considered for NRP are: Castle Park "A," Castle Park "B,"
Harborside A & B, Broderick Otay Acres, and Woodlawn Park (see attached map). Castle Park
"A" and "B" have been separated this time because they represent two independent communities
with different characteristics and needs.
So far, Staff has been analyzing the information related to these neighborhoods and has placed
it in perspective with the criteria. This information includes all Census data related to
population, housing, and income. This data has been gathered and analyzed in order to
determine the characteristics and conditions of each of the five neighborhoods. The information
generated during the initial establishment of the program and the selection of Otay has also been
looked at.
Based on a preliminary analysis of this information, Staff has concluded that three of the
neighborhoods can be eliminated from the selection process. These are: Castle Park "A,"
Harborside, and Broderick Otay Acres. These neighborhoods are eliminated given that they
comply with the criteria used to select the next neighborhood to a lesser degree because of either
their level of need (Castle Park "A" and Harborside) or because their need is too extensive and
would require much time and large sums of funds (Broderick Otay Acres). The two remaining
neighborhoods have been classified as finalists for the selection of the next neighborhood for the
implementation of NRP. These are Castle Park "B" and Woodlawn Park.
Non-recommended Neighborhoods
Following is a description and comparison, relative to the selection criteria, of the non-selected
neighborhoods: Castle Park "A," Harborside A & B, and Otay Broderick Acres.
J~Jg~3
)1- If?
Page 4, Item ( I-)
Meeting Date 11/02/93
The studies done by Staff show that the conditions in Castle Park "A" have changed from the
conditions found at the time of annexation. For example, a windshield survey conducted in
September 1993 shows that several public improvements have been delivered in this area, thus
minimizing the neighborhood's need for public improvements. Some of the projects that have
been implemented in Castle Park "A" include the widening and improvement of Fifth and
Broadway Avenues; the construction of sidewalks, curbs, and gutters on Fourth Avenue and
other side streets; and the construction of drainage facilities. Other public improvements are
currently being provided or are planned for next year. In terms of income, the 1990 census
information shows that of the four census block groups which compose this neighborhood only
two qualify for CDBG funding under HUD criteria. In terms of neighborhood character, this
neighborhood is a mixture of single and multiple family residences. The apartment complexes
do not qualify for rehabilitation funds and most of the single family residences do not need
rehabilitation.
Harborside "A" was also found to have similar conditions. Although this neighborhood is
composed of single family residences, the need for home rehabilitation is not significant.
Currently, Harborside A has most of the public improvements, such curbs, gutters, and
sidewalks. Only one short segment of street needs widening and curbs, gutters, and sidewalks.
In terms of income, the census information shows that this neighborhood does not qualify for
CDBG funding per HUD criteria. Harborside "B," located south of Palomar Street and just east
of Interstate 5 has slightly different characteristics and need than Harborside "A," but it also
shows a low level of need. The neighborhood is a mixture of single and multiple family
housing; it needs some housing rehabilitation, but not extensive; and few public improvements
are needed. A couple of housing projects which were recently constructed and another
development project planned for the near future have improved the neighborhood and show that
private investment and effort might revitalize the neighborhood without city intervention. The
income level of this community is low and it complies with the HUD criteria for CDBG funding,
based on census information.
Broderick Otay Acres is a neighborhood located south of Main Street east of Hilltop Avenue.
This neighborhood has some conditions which are quite different from the three neighborhoods
described above. Public improvements the need in this neighborhood is extensive. Not only
are most curbs, gutters, and sidewalks missing, but also extensive drainage facilities are needed.
Public street lighting is insufficient, and the four streets that dissect the neighborhood need
widening and improvement. In addition to the public funds require to implement these projects,
it would required private property acquisition. This neighborhood is part of a census block
which does not comply with HUD income requirements for CDBG funding. Home rehabilitation
need is extensive and a large public investment would be required, on a per-unit basis, to
significantly improve the neighborhood. As indicated above, Broderick Otay Acres' need for
public improvements and home rehabilitation is very extensive. Any attempts to improve this
neighborhood would require large sums of funds, and this is already being limited by the fact
that the neighborhood is in a non-qualifying census block for CDBG funding. In Staff's opinion,
making a significant overall impact on this neighborhood within the 3-year period for the
implementation of NRP would be difficult, based on the available resources.
IL/(j ~il
Page 5, Item / '1/1
Meeting Date 11/02/93
The Two Neighborhoods Recommended
Castle Park "B" and Woodlawn Park have been classified as finalists in the selection process
because the information analyzed shows that they comply with most of the elements of the
selection criteria. Both neighborhoods have a significant level of need for public improvements,
including curbs, gutters, sidewalks, some drainage facilities, and street lighting. There is also
need for home rehabilitation in both neighborhoods; much more in Woodlawn Park than in
Castle Park "B." The needs in these two neighborhoods are more than in Castle Park "A" and
Harborside, but less than in Broderick Gtay Acres. The opportunity to comprehensively and
significantly improve and benefit any of these neighborhoods is greater than the neighborhoods
that were not classified as finalists. A problem posed by Woodlawn Park is that the census
block group in which it is located does not comply with HUD criteria for CDBG funding. This
appears to be due to the fact that the census block group includes an adjacent large area which
is considered to be composed of residents with higher incomes. Windshield surveys show that,
based on the physical conditions of most properties, Woodlawn Park residents could be classified
as low income. This discrepancy could be clarified by conducting door-to-door surveys to find
out what their actual income level is. It is believed that the survey will determine that the
neighborhood complies with HUD requirements for CDBG funding. Therefore, it is
recommended that these two neighborhoods be classified as the finalists in the selection process.
Meetings with Residents of the Selected Neighborhoods
Information from the neighborhood meeting held by the City in 1988 with the residents has also
been analyzed. A look at this information reveals the level of community involvement and
interest in NRP. However, since many conditions have changed throughout the Montgomery
Community, it is important to find out what the current attitude of the residents is toward NRP.
This is particularly important because one of the main elements of NRP is the organization of
a community group which will work with City Staff in the implementation of the program in the
selected neighborhood. This requires appropriate communication and cooperation between Staff
and the residents in order to efficiently implement the program and to provide the most benefit
for the neighborhood. Therefore, it is recommended that new meetings be held in the
neighborhoods which are considered the finalists in the selection process, namely Castle Park
"B" and Woodlawn Park.
Conclusion
Based on this preliminary analysis, Staff has concluded that the criteria for the selection of the
next neighborhood recommended by the Montgomery Specific Plan and indicated above should
be once again adopted for the selection of the next neighborhood. Further analysis needs to be
done on census data, community needs, and attitudes of the residents. Therefore, meeting with
residents should be held in Castle Park "B" and Woodlawn Park in order to assess their attitude
and acceptance of NRP in their neighborhood.
Time Schedule
The time involved in the selection of the next neighborhood will be approximately six weeks.
"Jo ..--
/70-- ~
Page 6, Item / ;Jlf
Meeting Date 11/02i93
Three weeks will be spent conducting meetings with the residents of the two neighborhoods
named above. The other three weeks will be used to finalize the analysis of all the information
on all the neighborhoods and to prepare the final report for the City Council's consideration and
adoption of the next neighborhood. Given this time table, it is expected that the final report will
be presented to Council at their second meeting in December of this year.
FISCAL IMPACT: Upon selection of the next neighborhood for the implementation of NRP,
funds will be required to plan, design, and construct all the missing public improvements.
Additional funds will also be needed to fund the activities of the neighborhood organization, such
as clean-up campaigns, newsletters, and other activities which will be outlined by the future
committee and that will improve and benefit the neighborhood. In the past most of the funds
allocated to NRP and committee activities have been from CDBG funds. It is expected that
CDBG will continue to be the main source of funds for this program.
(File:\MZT DISK VII\A:\NRPAREA.RPT)
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COUNCIL AGENDA STATEMENT
Item
/3
Meeting Date 11/2/93
ITEM TITLE:
Public Hearing: Consideration of the following request by American
Stores Inc. for 5.8 acres located at the southwest comer of Third Avenue
and "J" Street:
a) GP A-93-06: Amend General Plan from Professional and
Administrative Office to Retail Commercial
b) PCZ-93-E: Rezone from C-O (Commercial Office) and R-1
(Single Family) to C-C (Central Commercial)
Resolution /7"< 93' Amending the Land Use Diagram of the General
Plan from Professional and Administrative Commercial to Retail
Commercial for 5.8 acres located at the southwest comer of Third Avenue
and "J" Street.
Ordinance >>7? Amending the zoning map or maps established by
Section 19.18.010 of the Chula Vista Municipal Code, rezoning the 5.8
acres located at the southwest comer of Third A venue and "J" Street from
C-O, Office Commercial and R-1, Single Family Residential to C-C-P,
Central Commercial Precise Plan.
SUBMITTED BY:
'-l;I}
Director of Planning .41[,
I' ~/
City Manager (y{~
f~
(4/5ths Vote: Yes_No..x.)
REVIEWED BY:
The applicant, American Stores Properties, Inc., parent company of the Lucky stores, has
submitted applications to amend the General Plan and rezone 5.8 acres at the southwest comer
of Third Avenue and "J" Street. The proposal is to redesignate the site from Professional and
Administrative Office to Retail Commercial, and to rezone the site from C-O Commercial Office
and R-l Single Family to C-C Central Commercial.
The proposal reflects an intention by Lucky to relocate from their existing site at the northwest
comer of Third and "J" into a new, larger facility on the southwest comer. The property is
currently occupied by the First United Methodist Church which intends to relocate to a new
facility on East "H" Street at Paseo Ranchero.
/5'-- /
Page 2, Item /5
Meeting Date 11/2/93
The Environmental Review Coordinator has conducted an Initial Study, IS-93-42, of potential
environmental impacts associated with the project. Based on the attached Initial Study and
comments thereon, the Environmental Review Coordinator has concluded that any potentially
significant environmental impacts can be mitigated to a level of insignificance and, therefore,
recommends adoption of the Mitigated Negative Declaration issued on IS-92-42.
RECOMMENDATION:
That Council adopt the resolution and ordinance amending the General Plan from Professional
and Administrative Commercial to Retail Commercial, and rezoning from C-O and R-l to C-C-
P, 5.8 acres located on the southwest comer of Third Avenue and "J" Street.
BOARDS/COMMISSIONS RECOMMENDATION:
On October 13, 1993, the Planning Commission voted 5-1-1 (Salas against; Tuchscher abstained
due to conflict of interest) to approve the applicant's request and recommend that the City
Council amend the General Plan and Rezone 5.8 acres located at the southwest comer of Third
Avenue and "J" Street in accordance with the draft City Council resolution and ordinance
(minutes attached).
On October 11, 1993, the Resource Conservation Commission approved the Negative
Declaration issued on IS-93-43 by a 4-1 vote (Guerreiro voting against). See attached minutes.
PUBLIC INPUT
On December 8, 1992, the applicant held an independent public forum on the project, and on
August 4, 1993, the Planning Department held a second public forum at the First United
Methodist Church. A summary of the issues raised at both forums and correspondence received
by the Planning Department is included in the "Public Input" attachment to this report. Both the
Planning Commission and City Staff are satisfied that the issues raised by the area residents have
been resolved by the recommended Precise Plan Standards.
DISCUSSION:
The 5.8 acre site is rectangular in shape and is located at the southwest comer of Third Avenue
and "J" Street. It presently contains a church sanctuary, assembly hall, meeting rooms,
classrooms, parking and a single family dwelling at the northwest comer of the parcel. The
property also contains an area which the Chula Vista Post Office presently leases to
accommodate its current employee parking demand. The Postmaster is presently investigating
the possibility of relocating the employee parking to a parcel located immediately adjacent to the
south.
/;'~
1:5'
Page 3, Item
Meeting Date 11/2/93
The site is bounded to the west by single family dwellings, to the south by the Post Office and
Masonic Lodge, to the north across "J" Street by the present Lucky store and a condominium
complex, and to the east by various professional offices (see Land Use Map).
Present zoning is as follows:
Site C-O Office Commercial
R-l Single Family Residential
North C-C Central Commercial
R-3 Multi-Family Residential
South C-O Office Commercial
East C-O Office Commercial
West R-l Single Family Residential
(See Zoning Map)
General Plan land use designations are as follows:
Site Professional and Administrative office
North Retail Commercial/Low Medium Density Residential
South Retail Commercial/Medium High Density Residential
East Professional and Administrative Commercial
West Low Medium Density Residential
(see General Plan map).
Lucky presently leases the 1.5 acre site and a 45,000 sq~ ft. building across "J" Street directly
to the north. Their present site and building are, by today's standards, outdated. The new
facility would involve a 60,000 sq. ft. building on 5.8 acres to serve the same market area,
according to Lucky.
Lucky has prepared a preliminary conceptual plan which was presented at the public forums and
which has been included with this report. However, they have not finalized a site plan or
architecture. A number of residents in attendance at the City initiated public forum appeared
to favor a new store, but expressed concerns about hours of operation, noise and fumes
generated by delivery activities, and the proximity of the truck driveway to the residences
located immediately adjacent to the west. They also expressed concerns with certain operational
aspects associated with the existing store, which include the noise associated with a cardboard
box compactor and the smell and litter associated with trash bins. Concerns were also expressed
regarding the history of accidents at the 3rd and "J" intersection and the ability of "J" Street to
carry additional traffic generated by a larger new store.
J5-J
Page 4, Item /5
Meeting Date 11/2/93
ANALYSIS
The issues raised with respect to the proposed change from office to retail commercial include
(1) the need to retain office commercial acreage versus the need for more retail commercial
acreage in the area, and (2) the compatibility of retail commercial with adjoining uses,
particularly the residential area adjoining the site to the west.
In regard to the issue of office versus retail commercial acreage, the City as a whole, excluding
Planned Community Districts, contains over 72 acres of vacant or under developed office
commercial property, and over 125 acres of vacant or underdeveloped retail commercial
property. The Third A venue commercial corridor also contains a significant amount of
underdeveloped retail and office commercial property. Thus, there does not appear to be a
general unmet need or demand for either office or retail commercial, either on a city-wide basis
or in the iminediate area.
The most important factor with regard to need or demand, however, it not the total available
acres, but the suitability of a particular property for a particular use. In this case, the site is one
of the few if not the only commercial sites available on Third A venue which is large enough and
of such a shape to accommodate a major retail user. In addition, the change will allow Lucky
to upgrade and modernize, and continue to serve the same market area. In a general sense,
smaller sites are suitable for most office projects, whereas larger-scale retail development needs
added site depth to meet parking and building designs.
Also, the General Plan and zoning pattern along both sides of Third Avenue between "E" and
"L" Streets is predominantly retail commercial with the exception of the office commercial areas
between "H" and Kearney Streets, which includes the site in question. The vast majority of
these commercial frontages adjoin both single and multiple family residential areas. Thus, a
redesignation/rezoning is not inconsistent with either the general pattern of uses or the
relationship of uses established on and around Third Avenue.
~
With respect to the issue of compatibility, ideally retail commercial districts are physically
separated from single family residential uses by significant physical features including slopes,
streets, and/or open spaces, and transitional uses such as lower impact commercial uses (such
as offices) and/or higher density residential uses. Since the property is presently occupied by
a church which, due to building locations, has a relatively low impact on the adjacent residential
area, development of the site with either office or retail use will have a higher impact than
presently experienced, and retail activity has a greater potential for adverse impacts than office
use based on traffic, noise and hours of operation. These potential impacts are identified in the
Initial Study and Mitigated Negative Declaration.
/~1
Page 5, Item /~
Meeting Date 11/2/93
A Traffic Study was conducted to compare the traffic volumes and level of service associated
with the existing church facility versus three development scenarios: the development of general
offices under the existing planning and zoning; the Lucky proposal; and the development of
general retail uses assuming the site is replanned and rezoned but not occupied by Lucky:
Daily Peak Level of
Land Use Intensity Trips Hr. Service
Trips
Church Existing 1,009 144 B
Office * 150,000 sq. ft. 2,550 255 B
Lucky 60,000 sq. ft. 2,340 187 B
Retail * 95,000 sq. ft. 3,705 296 B
*Estimated maximum intensity
As indicated in the table, daily trips in and out of the site could be expected to increase by 132 %
with the Lucky proposal, 153 % with office development at maximum intensity under the existing
planning and zoning, and 267% with general retail development at maximum intensity under the
proposed planning and zoning. In all cases, however, the level of service at Third Avenue and
"J" Street remains at LOS "B", which is above the City's LOS "C" Threshold Standard ("A"
is best, "P" is worst). It should also be noted that the peak hour trips are only marginally higher
for the Lucky proposal as compared with the existing church, and significantly less than office
development at maximum intensity, because of the differences in the distribution of trips between
the uses.
The Study also reviewed accident data for the intersection of Third Avenue and "J" Street (19
accidents over a 34 month period). It found that although this number of accidents is not
atypical for an urban intersection, the characteristics of the accidents, as well as field
observations of restricted left turn movements, indicate the need to add left turn phasing to the
signals at the intersection. This has been included as a requirement for development under the
precise plan standards. The recommendations of the Study with regard to the Lucky conceptual
site plan have also been included in the precise plan standards.
A Noise Study was also conducted to determine potential noise impacts from traffic as well as
from operational aspects of the Lucky proposal. The marginal increase in traffic is not expected
to result in an adverse noise impact. Several aspects of the Lucky conceptual plan were found
to mitigate noise impacts, including separation and orientation of loading facilities away from
residences, and the construction of a landscaped six-foot bock wall along the westerly boundary.
These aspects, as well as the following recommended measures from the studies (or more
stringent variations thereof) have been included in the precise plan standards:
J5=-3
I/'
Page 6, Item
Meeting Date 11/2/93
1. No delivery truck traffic shall occur in the alley between the rear of the store and the
nearest homes from 10 p.m. to 7 a.m.
2. No truck/trailers shall be parked in the alley with any mechanical equipment such as
refrigerator/freezer units running during the time from 10 p.m. - 7 a.m.
3. The trash compactor shall not be operated between the hours from 10 p.m. - 7 a.m.,
Monday through Friday, 10 p.m. - 8 a.m. on Saturdays, and 10 p.m. - 9 a.m. on
Sundays and holidays.
4. Refuse or recycled cardboard trucks shall not collect waste materials during those times
when operation of the refuse compactor is prohibited.
In addition to the measures recommended by the Traffic and Noise Studies, the staff has
recommended several precise plan standards which we believe would further ensure compatibility
between the neighbors and the Lucky Store or any other use that would occupy the site if for
whatever reason, the Lucky facility were not constructed. These standards include limitations
on floor area, building size, and site and truck access, as well as parameters for loading,
storage, and service access and equipment. These standards are listed in the draft City Council
Ordinance.
CONCLUSION
The proposal is consistent with the established land use patterns and relationships along the
balance of the Third Avenue commercial corridor. Furthermore, while there does not appear to
be a shortage of either commercial office or retail commercial acreage in the area, there is a
shortage of large, rectangular sites to accommodate a relocation, expansion and modernization
of Lucky, or other larger retail development in the area.
The redesignation from office to retail use does have the potential to create greater friction with
residential areas to the west and northwest. However, the apparent advantage to the surrounding
community of a new larger grocery store (or perhaps retaining a grocery store which would
otherwise relocate out of the area) in combination with safeguards established in the form of
precise plan standards to address the potential impacts, leads staff to recommend approval of the
requests in accordance with the findings and subject to the requirements contained in the attached
resolution and ordinance.
FISCAL IMPACT: The expansion of commercial land use will generate additional revenues
through an increase in sales tax and property tax. The land in question is currently tax exempt
(existing Church).
(f:\home\planning\lucky.I13)
)y?
ORDINANCE NO. 02..5''l?
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
THE 5.8 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER
OF THIRD AVENUE AND J STREET FROM C-O, OFFICE
COMMERCIAL AND R-1, SINGLE FAMILY RESIDENTIAL TO
C-C-P, CENTRAL COMMERCIAL, PRECISE PLAN.
WHEREAS, a duly verified application for a rezone was filed with the Planning
Department of the City of Chula Vista on December 2, 1993 by American Properties Inc., and
WHEREAS, the property consists of approximately 5.8 acres located at the southwest
comer of Third Avenue and J Street and diagrammatically presented on the area map attached
hereto as Exhibit A; and
WHEREAS, said application requested to change the existing C-O, Office Commercial
and R-1, Single Family Residential zone to C-C-P, Central Commercial, Precise Plan; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
rezoning application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
October 13,1993 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, the Planning Commission found that the project would have no significant
environmental impacts and adopted the Negative Declaration issued on IS-92-42, and voted 6-0-1
(Tuchscher-conflict of interest) to recommend that the City council approved the rezoning from
C-O, Office Commercial to C-C-P Central Commercial Precise Plan, subject to Precise Plan
standards listed on the Draft City Council Ordinance; and
NOW, THEREFORE the City Council of the City of Chula Vista does hereby find,
determine, and ordain as follows:
SECTION I: Based on the findings and recommendations of the Environmental Review
Coordinator, the City Council does hereby adopt the Mitigated Negative Declaration issued on
IS-92-42.
/5-7
SECTION II: Findings.
The City Council finds that the rezoning is consistent with the City of Chula Vista
General Plan and that the public necessity, convenience, general welfare, and good zoning
practice support the rezoning to C-C-P, Central Commercial Precise Plan zone.
SECTION III: that the 5.8 acres located at the southwest comer of Third Avenue and "J"
Street, as shown in Exhibit A, be rezoned from C-O, Commercial Office and R-l, Single Family
Residential to C-C-P, Central Commercial Precise Plan.
SECTION IV: pursuant to section 19.56.041 of the Municipal Code, the City Council
finds that the following circumstances are evident which allows the application of the "P",
Precise Plan Modifying District to the subject site.
Commercial districts are ideally separated from single family residential uses by streets,
significant physical features and transitional uses such as lower impact commercial uses and/or
higher density residential uses. The subject site abuts a low density residential district to the west
which creates a unique circumstance for which the underlying zone regulations do not allow the
City sufficient control to achieve a proper relationship and ensure compatible coexistence among
the various surrounding land uses. Therefore, development of the site shall meet the following
Precise Plan Standards:
1. New access driveways along "J" Street shall be aligned with the commercial
parcel located directly across J Street.
2. Development of the parcel shall be limited to a single tenant building and
minimum building size of 50,000 sq. ft. No additional freestanding buildings
shall be allowed.
3. No delivery truck traffic shall occur in the alley during the time from 10:00 p.m.
to 7:00 a.m.
4. Trash compactor, if located outside the building envelope, shall not be operated
between the hours from 10:00 p.m. to 7:00 a.m., Monday through Friday; 10:00
p.m. to 8:00 a.m. Saturdays; and 10:00 p.m. to 9:00 a.m. on Sundays and
holidays.
5. Refuse or recycled cardboard trucks shall not operate during those times when
operation of the refuse compactor is prohibited.
6. No permitted land use shall create noise levels exceeding 65 db by day or 55 db
at night (10:00 p.m. to 7:00 a.m.) as measured from the property line of the
nearest residential use.
/YO
7. Building Maximum Height: 28 ft.
Building Setbacks: West - 40 ft.
South - 0
"J" St. - 15 ft.
Third Avenue - 15 ft.
8. A 20 ft. landscaping buffer featuring tall vertical elements (trees) shall be
provided along the west property line.
9. All parking spaces shall be screened by landscaping buffer equal in width to the
building setback.
10. All trash enclosures, storage of merchandise, mechanical or recycling equipment
or machines shall be located within the building.
11. Delivery and service doors, and any outdoor working area shall be oriented away
from the westerly adjacent residential neighborhood..
12. Loading docks shall be oriented away from the westerly adjacent residential area
and buffered with parts of the building and/or wing walls equal in height to truck
height.
13. Driveway entrances shall be unencumbered for the following distances as
measured from the public curb to any driveway or park space:
Third Ave. - 60 ft. minimum
"J" St. - 40 ft. minimum
14. Business identification signs shall be limited to the building mounted and one
monument type sign at each major entry along Third and "J" St. Note: Signs
along J St. shall be non illuminated or to an indirectly lighted or one maximum
sign area 30 sq. ft. (maximum area sign).
15. Signage on the building shall be limited to the east elevation and shall be no
larger than one sq. ft. per lineal feet of building frontage.
16. All roof mounted equipment shall be screened from view.
17. A tree survey and evaluation shall be conducted and considered as part of the
landscape and irrigation design. Trees shall not be removed without authorization
from the City's Planning Director.
18. The zoning wall along the west property line shall be a minimum of 6 feet in
height and architecturally treated on both sides.
19. A lighting plan shall address security and avoid light spills over the westerly
adjacent residential neighborhood.
/yJ
20. 5 ft. wide street median shall be installed on Third Avenue south of the Third
Avenue and J intersection, designed and located to the satisfaction of the City
Engineer.
21. Left turn traffic signal phasing shall be installed at the Third Avenue and J Street
intersection prior to issuance of the certificate of a occupancy.
22. Truck access driveway shall be closed with gates or bollards before and after
permitted operating hours.
23. Development on this property must no net increase in water consumption and
shall participate in whatever water conservation or fee offset program the City of
Chula Vista may have in effect at the time of issuance of building permits.
24. An exclusive right turn only lane on the west end of the Third Avenue and J
Street eastbound shall be constructed as part of the overall development of the
subject property.
25. A conceptual striping plan for the Third Avenue and J Street intersection featuring
right and left turn only lanes and a through lane on the west end of J Street
(eastbound) shall be prepared and submitted to the City Engineer for
consideration.
SECTION V: This Ordinance shall take effect and be in full force the thirtieth day from its
adoption.
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
,
/
~
Presented by
(f: \home\planning\ 1293.930)
/~/O
RESOLUTION NO.
/7:;.15
A RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL AMENDING THE LAND USE DIAGRAM OF THE
GENERAL PLAN FROM PROFESSIONAL AND
ADMINISTRATIVE COMMERCIAL TO RETAIL
COMMERCIAL FOR 5.8 ACRES LOCATED AT THE
SOUTHWEST CORNER OF THIRD AVENUE AND "J"
STREET
WHEREAS, on December 2, 1993, a duly verified application for a General Plan
amendment was filed with the City of Chula Vista by American Stores Inc.; and
WHEREAS, said application requested an amendment to the Land Use Diagram of the
General Plan from Professional and Administrative Commercial to Retail Commercial for 5.8
acres located at the southwest comer of Third A venue and "J" Street; and
WHEREAS, the Planning Commission held a public hearing on October 13, 1993, and
voted 5-1-1 (Salas against; Tuchscher-conflict of interest) to recommend that the City Council
approve the proposed amendment to the Land Use Element of the General Plan from
Professional And Administrative to Retail Commercial; and
WHEREAS, the City Clerk set the time and place for a hearing on said application and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 1000 feet of the
exterior boundaries of the property at least 21 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7.00 p.m.
November 2, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
WHEREAS, from the facts presented to the City Council, the Council has determined
that there does not appear to be a shortage of either commercial office or retail commercial
acreage in the area; and
WHEREAS, the commercial retail designation is consistent with the land use pattern
established along the Third A venue commercial corridor.
NOW, THEREFORE BE IT RESOLVED THAT based on the findings and
recommendations of the Environmental Review Coordinator, the City Council does hereby adopt
the Mitigated Negative Declaration issued on IS-93-43.
/5"1/
BE IT FURTHER RESOLVED that the City Council finds that the amendment is consistent
with the goals and objectives of the Chula Vista General Plan and does hereby amend that
portion of the Land Use Diagram of the General Plan from Professional and Administrative
Office to Retail Commercial for 5.8 acres at the southwest comer of Third Ave e and "J"
Street as shown in Exhibit A.
Presented by
Robert A. Leiter
Director of Planning
(f: \home\planning\ 1293. 93R)
ATTACHMENTS
NOT SCANNED
/Y /0<
Bruce M. Boogaard
City Attorney
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DATB: 10 - 5 - 93
DRAWN BY: c. FERN AN DEZ (!)
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I HEREBY CERTIFY THAT THIS ZONING MAP
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CITY CLERK
DATE
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NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of considering an
amendment to Section 19.14.050A of the Chula Vista Municipal Code which would allow
applicants for planning permits to bypass the city Zoning Administrator and have their
applications considered directly by the City Planning Commission in public hearing.
The proposed amendment is exempt from environmental review under Section 15061B3
of the Guidelines of the California Environmental Quality Act. Copies of the proposed
amendment are on file in the office of the Planning Department. Any petitions to be
submitted to the City Council must be received in the City Clerks office no later than
noon of the hearing date.
If you wish to challenge the City's action on this amendment 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 Council at
or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE COUNCIL on Tuesday, November
2, 1993, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: October 22, 1993
CASE NO.: PCA-94-01
WPC F:\home\planning\1384.93
J~/c20
COUNCIL AGENDA STATEMENT
Item / ~
Meeting Date 11/2/93
Public Hearing: Conditional Use Permit PCC-94-06: Request to Construct
a 60 foot high Cellular Antenna and Communications Equipment Shelter
at 775 Anita Street in the IL-P Zone - Applicant: U.S. West Cellular
Resolution I? ).. '1 (, Approving Conditional Use Permit
PCC-94-06 to construct a 60 foot high cellular antenna and
communications equipment shelter located at 775 Anita Street in the IL-P
Zone
SUBMITTED BY: Director of Planning ;:%:It
REVIEWED BY: City Managerq~ j ~ (4/5ths Vote: Yes_No.lO
U. S. West Cellular is proposing to construct a 60 foot high cellular antenna and a
communications equipment shelter in the IL-P Zone located at 775 Anita Street approximately
750 feet east of Interstate 5 adjacent to the southern property line behind the main building
located at this address (APN 622-102-33) (see Attachment "A").
ITEM TITLE:
On August 18, 1993 the Environmental Review Coordinator determined that this project is
generally exempt from the provisions of the California Environmental Quality Act per Section
15061(b)(3) (General Rule).
RECOMMENDATION: That Council adopt the resolution approving the Conditional Use
Permit based on the findings and subject to the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: On October 13, 1993 the Planning
Commission voted 7-0-0 recommending that Council adopt the resolution approving the
Conditional Use Permit.
DISCUSSION: Adjacent Zoning and Land Use:
Site
North
South
East
West
ZONING
IL-P
R2-P
IL-P
IL-P
IL-P
LAND USE
Manufacturing
Residential
Warehousing
Manufacturing
Warehousing
/~ ... /
Page 2, Item I ~
Meeting Date 11/2/93
Existing Site Characteristics:
The site currently contains a 46,080 sq. ft. industrial building containing various types of
industrial/manufacturing uses along with approximately 85 parking spaces and two trash
enclosures. Access to the site is from two driveways, one at the northeast and one at the
northwest comers. The northeastern driveway is shared with the property immediately to the
east. Immediately south of the site is the RTA warehouse/truck terminal, while to the west and
east existing industrial/manufacturing buildings exist. Several residential structures are located
across Anita Street to the north.
Proposed Use:
The applicant is proposing to construct a 60' high cellular telephone antenna, topped by a 5 foot
antenna platform and a 432 sq. ft. equipment structure along the southern property boundary
behind the existing industrial building. The monopole and equipment structure will be
surrounded by a six foot high protective fence.
The antenna support structure will also have digital radio dish antennae placed on it at various
heights above ground level. These digital radio dish antennae will range in size from two to
eight feet in diameter. Depending on the size, anywhere from two to four of these dish antennae
may be placed on the monopole.
A six foot chain link fence topped by strands of barbed wire will be installed around the base
of the monopole and equipment shelter for security purposes.
Similar Facilities:
On May 18, 1993, the Planning Commission and City Council approved PCC-93-16, a
conditional use permit submitted by PacTel Cellular for a 60' high cellular antenna, six foot high
fence, and a communications equipment shelter in the IL-P Zone. The PacTel site is on the
adjoining parcel to the west located at 779 Anita Street immediately adjacent to Interstate 5 at
the southwest comer of APN 622-102-12. The PacTel site is approximately 550 feet southwest
of the proposed U.S. West Cellular site. See Attachment "B" for the location of the PacTel
antenna and the proposed location of the U.S. West antenna.
PacTel Cellular has submitted for and received Building and Housing Department approval to
construct their antenna and intends to have the antenna constructed and operating by
November 1, 1993.
j ~ .,;2..
Page 3, Item I ~
Meeting Date 11/2/93
ANALYSIS
The siting of a cellular antenna is most appropriate in an industrial area. Since the adjoining
industrial structure is more than 25 feet in height and is used for manufacturing or warehousing
purposes, the antenna and equipment shelter will not be out of character. In addition, the
antenna will be located to the rear of the main building away from the residential area across
Anita Street approximately 450 feet to the north. The top of the antenna will be visible from
the residential area, but the surrounding trees and the color (galvanized gray) will assist in
blending it into the background. Painting the antenna galvanized gray is a condition of project
approval.
Another condition of project approval is that the maximum height of the antenna with the
antenna platform is 60 feet. The platform is shown on the elevations as being atop the 60 foot
monopole to a height of about 65 feet. Because the PacTel antenna was approved to a maximum
of 60 feet above ground level to the top of the antenna platform, U. S . West is conditioned to
the same height. Each cellular company has the option of placing 15 foot whip-type antenna
atop the platform along with dish-type antenna on the monopole.
U. S. West will not have personnel present on-site on a permanent basis since there are no
living/office spaces proposed as part of this project. The only time anyone will be present is
during construction and for periodic maintenance.
Attachment "C" describes the "clients" who will use this cellular system. Basically, U.S. West
wishes to place the antenna at this location because of the need to serve as many cellular phone
users as possible and to serve the roadside emergency call boxes located on Interstate 5 and
emergency response agencies such as the fire and police departments. In addition, U.S. West
Cellular serves the Office of Disaster Preparedness by providing "reliable phone communication
during natural and man-made emergencies when typical land-line phones are inoperative".
At the public hearings on the PacTel tower located on the adjacent site, reasons were given as
to why two users should not co-locate on one tower. Although this is possible from a technical
perspective, such a solution would require that a higher tower be constructed, which is not
desirable. As part of staff's review of the PacTel project the question "Can PacTel's
competition use the same tower?" was asked. In response, PacTel stated:
"Yes, US West could use the same tower however, there are engineering and
construction issues that must be taken into consideration with site design. If PacTel
Cellular and US West were to co-locate, there is a minimum distance of 20' vertical
separation and horizontal separation required and PacTel would need to secure the
antennas at specific heights to insure proper integration to the existing network. To date,
the proposed pole has not been structurally engineered to accommodate other users."
I ~~..3
Page 4, Item / t
Meeting Date 11/2/93
Therefore, if both US West and PacTel co-located on the same tower it would have to be a
minimum of 80 feet above ground level to meet the separation requirements. It is staff's opinion
that one antenna at 80 feet would have a greater visual impact than two at 60 feet.
In addition, US West, in addressing this same issue, states in Attachment "C":
"The city has recently approved a similar facility for the other cellular carrier [PacTel]
operating in San Diego County. While the facility is near the proposed US WEST site
on Anita Street, collocating the two facilities on the same monopole would required re-
structuring and engineering the pole as well as a height increase to accommodate
necessary antenna separation. The overall appearance of a collocate facility may.be more
noticeable and obtrusive than a second facility as proposed. In addition, each cellular
carrier operates a completely separate and independently engineered system. While
individual cell site locations may coincide, small differences in the overall system may
require a new cell site to be located even short distances away in order to operate at an
optimal level. "
NOTSCANNEn
In the brochure supplied by U.S. West (Attachment "D"), the amount of radiation produced by
cellular use is compared to other uses. Radiation from cellular antennas is less than that of a
cordless phone, hand-held CB radio or standing one foot from a microwave oven. The
information contained in the brochure is consistent with the information contained in the PacTel
application. Based on this, staff concluded that the U.S. West facility would pose very little if
any electromagnetic hazard to the public.
U.S. West and PacTel are the only two providers of cellular service in the region. Assuming
this application is approved, there will be no need to erect additional cellular antennae within
this service area.
FISCAL IMPACT: Not applicable.
(f: Ihomelplanninglmartinluswestl9406A. 1 13)
/~-~
RESOLUTION NO.
) 7:<.1?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING PCC-94-06, A CONDITIONAL USE PERMIT TO
CONSTRUCT A 60 FOOT TALL CELLULAR ANTENNA AND A
COMMUNICATIONS EQUIPMENT SHELTER IN THE IL-P ZONE
LOCATED AT 775 ANITA STREET
WHEREAS, a duly verified application for a conditional use permit was filed with the
Planning Department of the City of Chula Vista on August 6, 1993 by U.S. West Cellular
(OWNER); and
WHEREAS, said application requested approval of said conditional use permit to
construct a 60 foot high cellular antenna and a communications equipment shelter (PROJECT)
in the IL-P Zone located at 775 Anita Street near the northeast corner of APN 622-102-33
(PROJECT SITE); and
WHEREAS, the Planning Commission held a public hearing on October 13, 1993 and
voted 7-0-0 recommending that the City Council approve the Project; and
WHEREAS, the City Clerk set the time and place for a hearing on said Project and
notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project Site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
November 2, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby make the
following findings as related to PCC-94-06:
1. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed cellular facility is necessary to provide and maintain a quality
cellular phone system in the Chula Vista area. The U.S. West cellular system is
used by many public service providers including sheriff, police, fire and
paramedics. In addition, the roadside emergency call boxes throughout the
County of San Diego rely on cellular telephone communication. The proposed
facility will provide needed channel capacity in the area that will help to assure
availability, not only for general users, but for emergency service providers.
2. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
It -S-
Resolution No.
Page #2
working in the vicinity or injurious to property or improvements in the
vicinity.
Cellular communications operate on low-power radio waves. Emissions from
cellular antennas have been shown to be below any levels that would cause
hazardous biological effects. In addition, cellular antennas emissions are so far
below all recognized safety standards that they constitute no hazard to public
health or safety.
3. That the proposed use will comply with the regulations and conditions
specified in the Municipal Code for such use.
Conditional Use Permit PCC-94-06 is conditioned to comply with the regulations
and conditions specified in the Municipal Code for such use.
4. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The granting of PCC-94-06 will not adversely affect the Chula Vista General Plan
in that said project is proposed to be built on a site already containing industrial
uses, said uses conforming the General Industrial land use designation of the
General Plan.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby approves the
Project and grants conditional use permit PCC-94-06, subject to the following conditions
whereby the applicant shall:
1. Obtain all necessary permits from the Chula Vista Building Department and Fire
Department. The design of the monopole and equipment shelter shall comply
with the edition of the Uniform Building Code and the Uniform Fire Code in
effect at the time of issuance of any permit.
2. Utilize galvanized gray paint on the subject structures to the extent possible in
order to reduce the visual impacts of the proposed structures and to allow for the
most transparent view possible.
3 . Construct the antenna support structure and panel antenna system to a maximum
height of 60 feet. Omni-directional antennas may be placed both on top of and
below the panel antenna system to a maximum length of 15 feet.
: IHOMEIPLANNINGIMARTINI USWESTI9406CC .RES
It. -?
Resolution No.
Page #3
4. Provide proof by letter that Owner has paid applicable developer fees to both
school districts prior to the issuance of any building permit.
5. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after adoption of this resolution to advance a legitimate governmental
interest related to health, safety or welfare which City shall impose after advance
written notice to the permittee and after the City has given to the permittee the
right to be heard with regard thereto. However, the City, in exercising this
reserved right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the Permittee can not, in the
normal operation of the use permitted, be expected to economically recover.
6. This conditional use permit shall become void and ineffective if not utilized
within one year from the effective date thereof, in accordance with Section
19.14.260 of the Municipal Code. Failure to comply with any condition of
approval shall cause this permit to be reviewed by the City for additional
conditions or revocation.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
applicant.
Robert A. Leiter
Director of Planning
ruce M. Boogaard
City Attorney
Presented by
:\HOME\PLANNING\MARTIN\USWEST\9406CC.RES
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CHULA VIST A PLANNING DEPARTMENT
Q) APPLICANT: US WEST PROJECT DESCRIPTION:
CELLULAR To construct a 60' tall cellular antenna
ADDRESS: 775 ANITA STREET and support structure.
SCALE: FILE NUMBER: Jt,~i Attachment "A"
NORTH 1" = 400' PCC - 94 - 06
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U S WEST CELLULAR
Conditional Use Permit Application
Project Description
The cellular antenna facility proposed by U S WEST Cellular of California would consist
of a freestanding, 60-foot monopole with a triangular antenna shroud located at the top.
The shroud would screen a total of 12 sector antennas. A 4-foot diameter microwave dish
would be located at the 50-foot level on the monopole. The antenna facility would be
located adjacent to the existing industrial building at 775 Anita Street. A six-foot chain-link
fence would surround the base of the monopole. Equipment associated with the facility and
necessary to operate the cellular system would be located within a leased portion of the
existing building. Tenant improvements including a new outside access door would be
completed. Existing landscape areas will be retained on site. One handicapped parking
space would be relocated immediately north of the fence structure to accommodate the
antenna.
Cellular is the technology of wireless phone communication. Rather than telephone wires,
voices are carried on radio waves. A cellular system consists of many low-powered antennas
in a honeycomb pattern of "cells" that invisibly blanket an area.
Today, cellular phones are used throughout the business and professional communities, the
agricultural community and virtually all facets of the public and private sectors, including
police, emergency and medical service providers. In San Diego County, U S WEST Cellular
provides service to the roadside emergency call boxes located on all major freeways. In
addition, the Office of Disaster Preparedness relies on U S WEST cellular service to
maintain reliable phone communication during natural and man-made emergencies when
t}yicalland-line phones are inoperative.
;,Ibe attached brochure provides basic information to many questions regarding cellular,
including the need for new sites and the process of identifying a new cell location. The
proposed facility is required to add additional channels and capacity to the south San Diego
area and to relieve call interference caused by cellular signals originating from the cellular
system in Baja California.
The specific site at 775 Anita Street was chosen after engineering analysis of the area and
a real estate search for available property. The existing industrial land use designation and
the topography also lend to siting the facility at this location. The City has recently
approved a similar facility for the other cellular carrier operating in San Diego County.
While that facility is near the proposed U S WEST site on Anita Street, collocating the two
facilities on the same monopole would require re-structuring and engineering of the pole
as well as a height increase to accommodate necessary antenna separation. The overall
appearance of a collocate facility may be more noticeable and obtrusive than a second
facility as proposed. In addition, each cellular carrier operates a completely separate and
independently engineered system. While individual cell site locations may coincide, small
differences in the overall system may require a new cell site to be located even short
distances away in order to operate at an optimal level.
It -jLI
Attachment "C"
- \ "
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, US WEST Cellular,
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us WEST NewVector Group'offers a full rangeofmobilej
, communications, including cellular phone systems, as well as a- \
,-' comprehensive line of communications services for other cellular
'OPerators. US WEST NewVector Group islicensed to provide
<:eUular telephone service to a market area that iricludes the
,fourteen western states illustrated below, plus some additional' >..
local marketS, such as, the San Diego Metropolitan Area, that lie'
outside this area. The Federal COmmunications Commission '
(FCC) limits the nOOtber of licei1sed cellular providers in"each ',_
, cellular geographic service '
area to two. This insures
'healthy competition in the
marketplace and eliminates
th~ potential for over- '
- 'proliferation of cellular
, r' \'
" ,antennas~d fr~uencyuse. ,
Introduction to Cellular,
~Technology
"
"
, ,
',~ In the past, mobile teleph~nes were only available to a privilegecJ ~ ';
, " -few -who were willing to tolerate the considerable limitations of
a system that ~tilized only 12-20 channels and often had poor ,
voice quality and spotty coverage. These systems operated With '
,one centrally located high-powered transmitter to communicate
with all of the mobile units in the se!""icear~. This technology
did not make large-scale service practical, because each of the '
system channels could handle only one call ata time. Channels
could not be reused because the transmitted signals were strong ,
-, enough ~o interfere with one another. ~ ,
r Conventional System Cellular System
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, ne current ~llular telephone tec~ology was d~~el~ by
BelfLaboratories to respond to tl\ese problems. This system
, c;:onSists of many low-powered antennas in a honeycomb pattern
'\ of "cells~ that invisibly blanket the servIce area.,
. . . "- " , .
: l.i 'Today, 1:ellular phon~ are being ~d throughout the ~iness
~dprofessiona1 communities, the agricultural community, and
.~llyall other face~ of the public and private sectors,
'includ~ p<?lice~ emer~ency, and medical serVice providers.
'-:Tlle cellular ~stem ~~ts c#. aCeiiul~phone that '~ili
, transmits and receivestaciio signals. From' the mobile phone,
" Calls are sent to a' central computer called the MobUe Telephcme
A ,Switching Office (MTSO). The MTSO connects the Cellular
',,: ,~phoneJransinissiem with the local telephone company system,
:' '~hich completeS the call.;- / ' .
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Call Anywhere in. the, Wor?d
-~.
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c As a calle;drlves ~,omonecell to .another, the 'callis
,.automatically !landed off,to another cell by computer. The cells
'" ',are alSo,overlapped to insure calling'succ~ even during the "
. busiest hours and days of the mOnth. The system is engineered to
provide excellent signal strength.and clarify. In addition;all
, NewVect91' cellular service systems are cO~Patible with each'
,other, So when a caller travels into another city, the system still "
works. ~ ' \. \" ,;-;~,
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MTSO
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;As you drive from one cell to Dnother, the computer
'" automatically Iia~ OjJyour c(Jlltq a ~wcelL
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. ,- ' All cellular systems ~ compatible; ~ when ~you m:vel to<' ~~atbroughotit ~ ~~tlon, many maJo; high~ay corrid~ ~
, anoqter city which has cellular service, your cellular telephone '{ ~tw~ cities Will,be covered with additional eells; ': , I
st,i,ll WO,rlCSo This," is-called rOlmin,g. As cellular, mobile systems r,<,', '~, c,," ,e ,,:,,;. cO,," ", """~~"-,' ;," ,,' ',.', >. ", ':, :j'
- ,-~ ',,', ' ". .~ '. ",': . - It~'~J...!>,~' :~'A itach ment-.,c'J)~~ -,1,'_
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,~'~~ommonly Asked Questions about Propos~d Ce~I,S.~tes'r.'. 'j',..~. ..~, ,.' '.,~'.,'
,.- ~ ~ ~ '. . i' -'.- ',...!, '_ _. _ .
." 1. What willit.loo~ lik~? . ". ,.' ,;~, '~.." . favorable location, Thepreeise reaso~g behind th~ [mal si~
r -".. Over the past years,: system' growth ~nd techn~logical . ':.. .selection foun indi~dual ce~ will vary,on ~'~ br case basis, . ~ ."
" .:' " advancement have en'abled cellular Carriers to 'design new Cell .:' 3. How many m~rt will be'iieededin oorjurlsdiction?
: sites to be leSs intrusive on the e~ting rural and urban landscape: ,', ':' " Since there are, OOly ~o cellular, carriet:S$I'anted, liCense tri..
, Typically, cellular communications facilities-can be found in one ,- .' . oPerate in any giVeD area,the number of cell si~ will be limited
'of three fonnats:,a latti~ support structure, a slender monopole ";,' \ '- to 'that, required, to ,allow., those twoCQtllpeting t>perators'to .
:.'with an antenna shroud at the top, o~ a buildmg collocation,., ~'. ',p.:ovide--qualityservjce.'rhinumberofsitesalso_depe1ulsonthe \; ~
Latttce supPort towers are used in ar~ ~hete great height is. .' 'amount of ~alls needing to be .serviced in an' area. Cell site' /' " '.'
. ' needed and/or ,~here inclem~nt weather requir~ substaJ;ltially; .lOcations are poi depend~t'on jurisdictional boundaries; the,,' '
~t: more support. Monopole;s 'are more.coriunon1y~ aJ;ld consist. _'. ~iSion to pursue ashe is based on s)'stem detnand, .topography,,,
, " ", of ~ single pole, approxmlately2.5-feet in diam~ter at the base,," , " ::surrounding land uses, ioniil~ and ,prope,rt)' llvaila~i1ityo .~. .-'
.:, .taperingtol.5-feetatthetop.Thece!lularantennasaremount~.' ,." ,ultimate number of cells in 'a_community~ill. depend, on the '''.
.' - to a triangular supPort ~~ture at the top. Monopole heightS can,' , ", cellularphotletnlffidn the surroun~ a,i-ea~ Future technological; . '.
rangefl'orn, 25-feetto over l00-feetdepencrmgontheservicear~o 1 -advances may jncrease capacitY at ~isting sites and/or 'may ..11
:' of the facility. Building collocationS consist of placing' the :- ~ '" ereatesites that are less ~trusive on the existing enmoriment. \.:;. ,
I ~terina~cturefound at 1he top ofamonopole on'theroofoL ,'/' 'Wh .' ~ ,,- ~'. ' -.: 'i .:-~, ,'.\ '~( .' ,f .f
,faD existing bUilding'd~omedtimes: th,e. S!;desthof the .trian, gult art' :', .~ add:i::~O:: iri'~~ ~pacitY~~dq~:lit;~en~~' for '. ,". .
.. structure are separate m or er to maxumze e service ou pu , \ I' ind' odn';;;l' .\ " 11 't' "be rfi'.~. th-" . I" "
, , '. . " ~ . I . '. ~l' IT' ~ IVI U4U .Bysrem users,a new .ce ,Sl e ne...." e g~era ", -.<- .
'.' Mothertypeofbuildmgcollocationmvovesmountingceluar, '- bI' .th f< t" . 'In . . tr rtan ~~
'antennas, SOhletimes as small 'as i-foot by ~-foot in size, to the,' pu IC mIl el ,orm ods~dm ercalgelnz se1'Vles hacesve' beemnaJorms' mtaelledoPOallong',;," :.
. I" '.. ' . ch b ild' t tank--n.' , ar~, ce u ar roa I e uuX f' .
' ,\. sidesofanexlStmgstructw:esu. asa u mgorwa er . ~'Ile .--.. fr dhighw ,,' 'to .' bl ,strand' .dtr' l' . t . hth' ...,'~
, . . . '. the b .. 0 . .. eewaysan ays ena ea __ e aye er oreac e ','
, ' . anten.nas~bepamtedtom~t~hthe~~cture. n: y.mmumzm~ ; highway patrol or otherfomi of assistance ~ediately, Other "; 1
. ~ thevlsua,lunpact of the facilIty, This form ~f bulldmg colloca '" bl' 0 'd old' I' sh >off fi ed'-
h th . dboght be ,-; pu Icservlceprovl ersmc u mgpo 1Ce, en, U'e,param IC '.} "
J ~ .... tion ~an only be used, ~ ,areas were e ~equU'e " el can, " units and' emergency' res~ teams rely on the celhilar system" I'
obtained and where eXlStmg system oper,atlonscan accommodate ',: , :',' r f . t' Co tin' d 'tenan ','
. .- . - ." , " '. . ''- ' ' . '-, as a pnmary lorm,'O -eommumca lon, n ue ~m, ce ~
, ' the new,fac.~lty ,at, thatpr~cISe loc~tlon~, ."~ J;.;~ "-and upgrades to the .cellular system allow these customers ~o. ..'" '\
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/ 'U",'. ., . . "The'cell site selection pr~ yways considers the impacts.a
, " . . ' :, ' .:. . n~w site may ,Jlave 'on surrounding land uses and particular, '-- .(
- \ c::J, . ,'. . ~ ' , ' ,~' c~cem is given to the Visual impacts. When possi!>le, a site IS
, >.,' - , : - '" - chosen adjacentto ex)sting utility facilit~eS such as water tanks,,~ i
. ,2. :Why:~e~?'. . ," ~,' . -.' (.;". utility lines.:;ando~er'1lrit~~; In'urban areas..building~I,
, Once the decISIon IS made to.exp~d the system to e~ther prov~de ~. _' 'collac:ations are conSidered. Incorporation of the antennas into ' _ '
" ,increased capacity or J:>etter,covera,ge. the cell Site ~l~ctloll " , bullding deSign and architecture has alsobeena part ofmitigatini,. ',',:-1
,,:--: process beg,ins.(see Ce~l Site Sekcllon).The[mal deCISIon ~f )':" visualinipacts.Radiofrequencyel~tromagneticemiSslonsfrom' "
Co choosing a siteto,take tlu:.ough ~elancJ use approval ~roc~ IS' . c,j ~llular- anteMasJave~n sho~ wbe so far below any, . ,
made after ~eful c,onsiqerationof all-the factors mcludin~. '. 'doclUI).entedlevetSprochicinghazardolisbi010gicaleffectsand ,'.~ ..'-
sy~tem eD$ineering nuds; toPOg(8p~Y. existing stru~tures and ."~, ~', . all recqgnized safety stkdalds that theyconstitilte no ~d to ','. ,';:
_~evelopment. zoning and property ava~ability .In~ c~, mo~~, ';:public 'health or safety. 'The ~ion on Public Safety in::this ..,...
than one si~J;~ been evalua~~d~~r ~ ~1~~~~ ,th~, ~t c ~'~ -~br~liUre g~, ~~~,~erde~ ~,~~e'~~7{,\ ',.', \,._~
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, .C~llular Operates on' Radio Frequenci~, " ,.' ' ' ^ ' 1.
In recent years, there ~ been co,ncem over,' poss' ible health' \ ,,~'2
,..., " effectsJromradio~equency~energy. 'J.'hisenergyisaro~d ;. ,'-; . ,;r ,I
, us every day, tommg from conu:nercial radio and TV. radar,'~
, :amateur radioS; and'other sources. Th~ freq~endes used by the. ", ,{ .. ~ ,J . I, '
, cellular phone network are the same ones asslgned previously to,.". . .; j " 2.'
. certain UlIF TV channels, imd so 'have been in the airwaves for ,,'-\... I ' :
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many years. ' , , ' , '. , ' ' " ' ( . ' . ..... / I ,
, " .-. ,'I ',',; " , "". " , ,~ANSI ,-1"';'" f1.n~ Held Cordless Cellular,
. Cellular Compared to Other SourCes c-- :' \', ,~-.>, ' 't" ,~" Standard -,M~" CB Radio (PIIo~c
.. . 'RadiofrequeDcyelectromagnetic emissions, on-aCnation, consm; ,,' ",-.:.:" , ~n I : . , 'f " ,.. . ..
of waves of electric .:and, magnetic ~rgymovirig together,,,,, ' ' " .comparison; oj (U' .Energy, Cellular A1ue~ ~. ANSI '.-" ......
,\ through space at the speed ~f light. The- elecl!()magnetic' ," ~' ,,:, ~taMard d: Household So'urces"',
, <~spectrum" includes all of th~ Various forms of emissionS from ' " ' .-- ':',. I
extremely low frequency (ELF) radiation from electrlcpowet; , \ '. AssOcjatecfMicrowave Transmissions are Narrow, :.point-
, lines to X-rays and gamma rays with very ~gh frequencies and / : to-Point, -:', < .'. ". ':-: ", ' " ,~,' I' ' ,,' '~
", correspoi1dingly short wa~e lengths. In between these extremes ' , , 'Some antennas in th~ c:e1lular phone network are microwave'
, ,lie radio waves, infrared radiation, visible lighhmd uitraviolet ' relay antennas that transmit and receive, telephon~ messages .
. ,radiation. Besides cellular telephone applications, familiar uses '; fro11,1 cellular sites to the wireline telephone networkThe signal
.~ofradiofrequency energy includeAM'and R4 radio and television ,: ,between these an~ is in a, directed beam, sO ~ disperSion' ~
broadcasting, cordless telephones and microwave - ovens. The' . pf RF en~rgy outside this llafl'OW,beam is ~gnificant.Even ': ,,'
. Ameri~ National StandatdsInstitute (ANSI) has established a " directly beneath a cellular a,ritenna, the exposure is about half that " ' - '
,- standard fot safe exposure levelS to RF energy. That standard is; '/.' '" of ~ ordinary Cordl~ phone, or less than one percent' of thi' '.:":
, ,compared to ether household sources' and i typical cellulat ANSI standard. '., "",;; .,.' ":.~, 'r
",pboneantenna in the accompanying 'graph. ,," \",~. ,,':.~ " '- - " .... )
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,./ .. Cel~ularTransmissionsareLowPoweraltdShortDistance ) , '. i ",,: .t~
All radiofrequencyemissions are of the "non-ionizing" ~. 7./ \' . " " '.' -: i ' """I
, That means ~eir frequency andl'esulting energy level are well J~' ' .' .< ' '" ' " i . ./ ,
'" ~lowthatrequiredtochangeatOmsai1dmoleculeswhi~h would .:'(' .
., lead to significant genetic damage in biologicaI'tissue. OnlyX-;',. , .,.
I .rays ,and gamma rays at extremely high frequencies' (above .', ~ ~ ,
visible light) have suffICient energy to be "ionizing. "lnaddition,
;' Cell site,antennas tiansmitrelatively short distancesanCl opera1~
.\ ,.:.':at very'low power levels. Themlount ofenergy from a siIiiJe ,<.',' ,/ i' ' ~
-<' 'cellUlar pho~e channel ~s tjpically about the same as the energy I . "\.
.1" _ requir~d to' operate a. l~walt light bulb. Each cell site'tnaY '- , \ r,_ ) '"...., ,r
r,' , operate ~ywhere from eight to fifty .c~e1s simultaneously, ,:~J,.i
;- - '_ . though the channels rarely all ~tatthesametime. Ther~fore~ .
the energy from a, typical cell site would be equivalent tQ tlle " .
:> energy ~eeded to operate up.tq llfty l()Q-,watt'light bulbs; ~, . ~
de~nding on~w.~any cliann,el~:are,.>being.~.dat~~: ~,time. \: .~ t,
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~,' '. \~tJSWEST CeUuWis adi~~ion of US WEST NewVectar '
:.), ( ," 'aroup,'a subsi~iary of US WESt,'-lnc:, with'its cotpOrate .
" " headquarters located in, Bellevue, Washington;US WEST, .' " ,
,:Inc. is one 'of the kven regionaI co.rttpanies ,created by the' . ,;
, ,divestiture of AT&T ip 1984: ' ) ,l..
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: ;The'po~r from a single ceUu/ilychannel isabou(lhe ~m[as .' ;,'
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: - Capacity Orowtb Trends ',: ....'.. J , ' ' . -','
J\sa celJular system~ows ~d ;'split" cells are added it is
necessary to take steps to minimize interference between ~ites.
. .:Closer cell spacin,g requires lower,~tenna heights to reduce cell ' ' :
, pverlap. Sectopz;ation, a process which allows Cell sites to be '
'l~ted ,cl~r ~out, comprotD.is~g call quality, becomes '
_, ~~tory. As the, desired ~o:ve~ge area for ~ch cell decreases.
,.. thepioper placement of thesitebecomescti,tical. Poorly placed
calls can. cause interferen.ce or leave ga~ in c~v~rage. ," -
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J ..~ Common Configurtittonfor frequi1U:i'Re'use~ '.
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- ~w Cellular Technology " '-.', . 5'. .', . ,
l~' '.:Research has StiOwrl that normal ~h consists of ~ore dead '
. ' , . .\ ' . $pace than sound.'A ~dio wave carrying acellular telephone."
~Com!7'on M9unrain Top Configuration, . " ......:. 'cOIlversationwouldhavemanygapsof"deadarr."TimeDiVision
, " . . The Promise of a High Capacity Sy;.e~/' ".~(, _ ; ~ '.'r, MulUple'Access or TDMA is a ~hnol98Y which exploits thi
" Bell Labs began research for a high capacity sy~teIl1 in 1947. Th~ - natural breaks in speech by using the pa~ ,for additional
'. ~y concept that emerged was that chanD.e~ would have t6 be' ,.. T' '. transmissions. Iinplementationofthis approach may triple system
. reused multiple ~es throughout the network. It was also' ,calling capaCity. Analteinatlve to TDMA Jsa technology
. ,eStablished that a large number of chanri~ls would be required to ~ teferwi,toas CDMA, or Code Division Multiple AcceSs. In:
1 increase the trunking efficiency of the system. fu 1974, the FCC / -COMA. each conversation would be lJSSigned a digital code
, authorized 40 MHz of spectnunto be used for this new' em~rging . /' ,before being scrambled oyer' a Wide frequency spectrUm. A '
: technology . This was accomplished by eliminating chann~ls 70 ~omputer would reconstnlCt the conversationS at the receiving
through 83 in the UHF telev,ision band. . .' ' ". " -----.. en:d. A possible 10-, to 2o.:fold in~rease in call capacity may
eV91ve with CD~.)' ',' ' ~'," ',' 1,_ ".~ ,'; .
\ ':'~~The Cellular Conc~pt is Bor:D . ? , , ' . . I '" .'..
~rviceareas were divided int~ smaller regi~ called "~lls~.:'.,,~~ ~-- 'P~nona1 ~ommunicatio~ Ne~o~k ' ' ~ ..,~ . . ::..1
.:Eacb_ cel: contains a base station transmitter/receiver location. ,',~," The ~dea ,behind Person~lC~m.m~catl~ N~twork,-or.~CN,lS
: CellS cal! be "split" and new~lls a4rled to. increase system') ~ . ,that mthe fu~~e, phone numbel'$ ~l be associated with people, , .
capacity, Calls are served by the closest cell site in order to ",.l1ot p~aces:.Aperson ~ould ~r.etlcallyberc:achable by~h~e -'
'_ impryvequality.Callsinprogressare"handedoff"fromone~ell -: .;.}anywhere m the s~~ The.need for separate .phories atthe :L
. to another as the user moves throughth~ system. The use of lower '.~, home, work place or eIsewhe~e :W~9Id~elimina~ by,the fact .'
. power base StationS allows $e reuse of channels within a small ., "'" _ "tha.t ~le could ~ ~~l phones .rpuch like they wear
~ '-' . .. wrist watches '." '1 ,../ \,' ./
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J . .... _' I ," ,;" I , ~ .~, " z, _' - Mo)JUe, Telepb'one Swltchiq' Ofr.ce '(MTSO) ~ "inOWll os - ~ MTX ~ t ~- "
fell.Asma1lgl!Ogl'8phic~servedhy.iow-~w~~f~tei.2;!OIO,~Ies'~ .' \ ~fwitch". The interf~_between_the cell~i~ an! thecoDv~tiOllal wirelipe . -- '. <
,.irlradi~" (' .,: 'd. .,. .. ..' , - '.' . ).:. . ~~e~w~k.:ltserv~asthe.c:entra1~tound~troll~,aswelhs;' ''''7
. ~ \Ce~ Site.,~ insWi_tion Containing the transmitter., receiverS <<lid coritrol . ~ housmg the S:Wltching ecpnpment for _ ce!1lilar ~eplKme ~m. .J.',-
equIpment necessary toconneet the cellular ph. system and the conventiOllAl . '. IladIoCommon ~r (JlCC). ~inns liCensed by t,beFederal Communicat~
'..,.wireliniitelephone-network.' . '.'.~,.!',. .. >, .:., :...- ,~on(F~)to~~deavarietyofradi'oserviceitotheJlubllc;including' -)
\ ".CeO Splittia.. The,division Of _ large, ~II' into aevela1 ~i1ler cells to ~~i~. " ,;. . dispatch and pagmg ser"lCC!S. Many RCCs DOW,own cellular licenses. US WEST r " jr'.',
. moreclwJnelswithinthe~geographic_hrea;an~th~or~im>vidiDgbettei', " NewVect~isanRCCliceNedbythePCc., j, ,- ,'.z' "
" '. arvice..: . . ',' . - \., ~,.".',.~ ;. i, 'i' _,I " Il~. The ability to operate _ cellular mobile te1e~e in _, mobile serv~ . . .-
C~~ ~hlcal&rvice_ Area (CGSA). A ~ific pogi'aphic area;../ / - '~oth~thantheO!le~whicl18ervicelssu~bed:-foreJuunp!e,being_ble -,' -~, "
'; 'WIthm w~cha cellular sy~ -:V~ cust~I1IeJ!' Mobile c:ust~ ~ ex~ "",' ~ use your cellular ph~ in Minneapolls;even though youl!lbscnDed originallY.' .: " .
.lIOsubacrlbetocellularservlcewJthin_glvenCQSA.. ;"'..' ...c-."..,.,c,'mSeattle. ,',."\'. :):,.'" ';,.",,'-- ....(.. ).,' I
~i&ita1IladIoLiDk.Aradiosignalu~loconnecttel~phoaecircuitsfrom~-~1 '.' l ' SectorizatioD. An ~giDeering ref'm~taf ~ cell's transn\lsSlon 8llIennas,: '. ,
. ,lite to the c:entra1switching equipment (the MTSO). '. ~ -', ~ -.~ ,which imprOves call quality by red~cing crOss-talk/interference, This is done by ..'
'. /; ElectronlcS~&SystelD.,Acomputerth8tau~tlCa1JyrOute$ca11swi~ ' l' . < splitting the cOvefageof the cell 'site into three equal sectorS by means.oJ
'- . the cellular system, klcatechta centra1 site. " :'cr ".' .....,', . '-:. .'.- directiona1aritennu.., 'l-;,}" . .' ';,' . -'. ,
Ban~.()fI'. The indistinguishable automatic _witching of a signAl from One,l:ell to -' '" Wb-eliae Telephone Netwprk. The'conventiona1local teiephone network which
'~~ another,whichoec:urswithin.fraeti~of..a~ "- ~ "_ . Yl" '...;../~~tscallsovc:rwires~~radio__ves. ;.# ':.". ~ ,?-':- '../: :-
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. Once the decision has been made to expand or improve'
service, th~ engineers at US WEST NewVector prepare a
preliminary design analysis. The topography and terrain features )
within the service are entered into a computer, along with a series
. of variables, Such as antenna height, available frequencies, and
, ~quipment characteristics. From this information the engineers
determine a search area for the optimum location and height of
the antenna to maximize service within the cell. When this
_~technical ana1ysis is complete, a Search area map and other
requirements are provided to the real estate and site selection
consultants.
, . I . ..... ' ~
With this information, the planning consultant and real estate
acqL~sition consultant apply various criteria to identify and I'3Ilk.
.potential sites. The following is a summary of,these cell si!e
selection criteria:
CGSA Cellular Geographical Service Are'a. The boundaries
of the entire system ar,e. determined by the Federal
Communications Commission (FCC). Cell sites must be located
_ . so that radio sigrials from the system. stay within the boundaries
,. of the CGSA. " . ";. '.' .: -'.
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. . ~ ' . .' h_'_ - .
. . The Cellular Grid. Within the CGSA, individual cell sftesare ,
.~ planned on a. hexag~nal grid pattern. This ,pattern al1ow~ ( :..::-
_frequencies to 'be reused between cells and provides coverage for
the largest area 'utilizing fewer antenna sites, thus reducing the
_ poteIltialfor land use impacts.. This pattern .also allows future .
. "cell splitting," or ':'sectorization,'" as the system grows. ,
- '/' . .
::. TopOgraphy, Land Forms and Other (:onst~in~~\The
computer analysis takes lrito consideration the hills and valleys
within the seryicearea. BaSically, a line-of-sight relationship is .
.' '. needed between the antenna and the cellular, telephone to insure '
'quality service. There are often land featureS within a search area
that limit the oPtions for site locations. Features such ~ bodies '-
of water, swamPs and steep slopes may prove impossible to'buUd
. upon: and since cell sites must be periodically maintained, they,/'~ .
must be accessible to technicians year-rounci. Therefore, !lites ; ,\
need t~ befound that are near, the ~enter of the search area',at, the r,' ''--I ~
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Cell Site Selection
': Cellular telephone service is expanded ~ a given area to,
provide better service to cellular customers. This can be done in'
two ways: extending the coverage to new areas or increasing the
capacity of the system within the current service area.
. -'.
__ The decision to ~xpand the system depends on: a number ~f
, ,factors. First, the number of current customers within the area
. and the capacity of the current system are analyzed toidentuy the
need to expand. Second, the quality of service within the areais'
continually evaluated, 'both electronically at ,the switching ,
equipment, and through feedbackfrom customers. If there are a
significant D\l!1lber of service failures reported, such as dropped
calls, continuous busy signals, or an "aU circuits are busy"
message, the capacity of the system must be increased. Third, the,'
. FCC license granted to the cellular cainer requires that service
be provided to 75% ofits CGSA (Cellular Geographical Service
Area) within 5 years from the date the license is granted.
Maintaining a high quality, interference-free service is essential
. in order to comply with these FCC requirements and to compete
. with other cellular carriers.
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;optimum elevation, and ~ccessible by existing roadways. Sites
, with existing or proposed high-rise buildings nearby must also-
be avoideCl because1;>uildings or other massive objects or
.landforms bJock the cellular radio signal in much the same way
:a buildmg blocks sunlight. . ., \
." 'r." .
, ,Since all of the cell sitei work together'( calls are au'tornatiCany
handed off from One cell to another as the driver travels between .
/', coverage areas),On~ antenna may not be lowerect or raised'
. I without affecting the performance of that cell and adjacent cells.
(The combination of the$e fllctors results in the identification of
. . well-d~fmed "preferred locations" within the search area. In
" ~' Urban areas, conditions 'can sorne~es result in a search area '_
-, with.a radius as SQlall as one quarter mile or less, while hi rural . '
. ~.,- 'areas the radius of the search area may be many miles. , '. '
- , -," , . - 'J
FAA aDd Existing Radio ConDicts. In' addition to the /
engineering constraints noted above. the site location must not
interfere with -either Federal AviJtionAdrninistration (FAA)
'- requirements, or e~ting radio ~tters operating at high ,
frequencies; FAA regulations protect air space zones and flight
paths surrounding airports and the locations and heights of all
antennas are reviewed to inSUre that they do nqt violate these
safety zones. AlSo, -when certain AM and PM radio broadcast.
towers ate located in close proximity to cellular antennas, it caD
degrade the performance of the cellular signal by creating
interference. Consequently, the placement of a cell site in close
proximity to AM or FM towers IInlSt be thoroughly analyzed. '
ZOning and Land Use Compatibility. wpeneverfeasible US
WESTNewVecto~ strives to acquire property that is properly
zoned and adjacent to compatible land uses. Sites adjacent to
"existing tall power lines, microwave facilities, antenna farms,
. ',water treatment facilities, and on the tops of buildings are
selected when they meet the other -technical requirements of the .'
system. When comp~tibility might be a concern, a concerted
, effort is made in the design process to screen facilities and reduce' "
- visual impacts. " ." " ., "
, ~ ---,...-
'-Property A.vailability. Due to all of the engineering and - __
design constraints described above, it is Sometimes difficult to
. : find sites that meet all of the requirements. In all cases. more fl1an
, ooesite ,is evaluated prior to ,selecting' the most favorable
location.:' . , . I, '
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.:...-\
RESOLUTION NO. PCC-94-06
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
GRANT A CONDITIONAL USE PERMIT FOR A 60 FOOT
CELLULAR ANTENNA AND A COMMUNICATIONS EQUIPMENT
SHELTER
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on August 6, 1993 by U.S. West Cellular (OWNER);
and
WHEREAS, said application requested a Conditional use permit to allow construction
of a 60 foot high cellular antenna and a communications equipment shelter (PROJECT) in the
IL-P Zone located at 775 Anita Street near the northeast comer of APN 622-102-33 (PROJECT
SITE); and
WHEREAS, the Director of Planning set the time and place for a hearing on said Project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City and its mailing to property owners within 500 feet of the
exterior boundaries of the Project Site at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October
13, 1993 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
hereby recommends City Council approval of the attached draft City Council Resolution for the
Project, subject to the findings and conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution shall be transmitted to
the applicant and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 13th day of October, 1993 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Martin, Fuller, Moot, Ray Salas, Tarantino, Tuscher
None
None
None
~""~ ~1
Nancy Ri ley, Se retary
:\HOME\PLANNING\MARTIN\ USWEST\9406PC.RES
jl, -20
PC Minutes
-22-
October 13, 1993
Excerpt from 10/13/93 Planning Commission Minutes
ITEM 4.
PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-94-06: REQUEST
TO CONSTRUCT A 60' CELLULAR ANTENNA AND COMMUNICATIONS
EQUIPMENT SHELTER AT 775 ANITA STREET IN THE IL-P ZONE -
Applicant: U. S . West Cellular
In lieu of giving a presentation, Principal Planner Griffin indicated his availability for questions.
(Commissioner Tuchscher returned to the meeting at this time.)
Commissioner Ray questioned the difference in this request and the previously approved request.
Mr. Griffin said it was the same, and was located close to the PacTel facility. He noted that
these were the only two cellular companies licensed in the County and there probably would not
be a third one in the area. This would take care of the cellular needs along this area of 1-5.
Commissioner Ray asked if there could not be multiple carriers on the previously approved
antenna. Mr. Griffin asked the applicant to expand on that.
This being the time and the place as advertised, the public hearing was opened.
Larry Doherty, 3785 Sixth Avenue, SD, Director of Real Estate and Planning Operations for
U. S. West Cellular, stated that from time to time the two competing cellular licensed facilities
could share common towers. It was a complex engineering task for the two companies to
organize the various frequencies used amongst the antennas, and when the antennas are placed
closely together, the potential for interference was quite high. There were problems with
inteference from L.A. and Baja cellulars. There had been discussions with PacTel and the
conclusion was that it would be difficult at best, with platform separations between 20' to 40',
and coordination of engineering efforts. It would create an 80', 90', or 100' tower. U.S.
Cellular made an effort to maintain as Iowa profile as possible. They also had to consider, as
the systems grow and more cellular systems are required because of capacity and coverage
problems, another location has to be found. As locations are added, the heights are lowered.
It was possible to share common towers, but it would create a substantially greater monument
in the community, which they tried to avoid.
No one else wishing to speak, the public hearing was closed.
MSUC (Fuller/Ray) 7-0 to adopt Resolution PCC-94-06 recommending that the City Council
approve conditional use permit PCC-94-06 based on the findings and subject to the
conditions contained in the attached draft City Council resolution.
/~'e2.J
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of the City of Chula Vista, California, for the purpose of considering an application
for a conditional use permit (PCC-94-06). The application, submitted by U.S. West Cellular,
requests permission to construct a 60 foot tall cellular antenna and a communications equipment
shelter in the IL-P Zone located at 775 Anita Street approximately 750 feet east of Interstate 5
along the southern edge of the parcel located at said address (APN 622-102-33). A plot plan
and legal description are on file in the office of the Planning Department.
The Environmental Review Coordinator determined that this project is generally exempt from
the provisions of the California Environmental Quality Act per Section 15061(b)(3) (General
Rule) .
Any petitions to be submitted to the City Council must be received by the City Clerk no later
than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit 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 Council at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, November
2, 1993 at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED:
October 19, 1993
CASE NO. PCC-94-06
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CllY OF
CHULA VISTA
PLANNING DEPARTMENT
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of the City of Chula Vista, California, for the purpose of considering an application
for a conditional use permit (PCC-94-06). The application, submitted by U.S. West Cellular,
requests permission to construct a 60 foot tall cellular antenna and a communications equipment
shelter in the IL-P Zone located at 775 Anita Street approximately 750 feet east of Interstate 5
along the southern parcel line located at said address (APN 622-102-33). A plot plan and legal
description are on file in the office of the Planning Department (see attached locator map).
The Environmental Review Coordinator determined that this project is generally exempt from
the provisions of the California Environmental Quality Act per Section 15061(b)(3) (General
Rule) .
Any petitions to be submitted to the City Council must be received by the City Clerk no later
than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit 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 Council at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, November
2, 1993 at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED:
October 22, 1993
CASE NO. PCC-94-06
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please
contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the
hearing impaired.
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CHULA VISTA PLANNING DEPARTMENT
C) APPLICANT: U S WEST PROJECT DESCRIPTION:
CELLULAR To construct a 60' tall cellular antenna
ADDRESS: 775 ANITA STREET and support structure.
SCALE: FILE NUMBER: /6 /~~
NORTH 1" = 400' PCC - 94 - 06
-. ---...
COUNCIL AGENDA STATEMENT
Item J 7
SUBMITTED BY:
Meeting Date 11/02/93
Resolution J 7;;' ~ ZthoriZing staff to proceed with
an "asset transfer" structured financing in order to
finance the Redevelopment Agency's required $2.6
million contribution towards expansion of the Chula
vista Center
Director of Finance ~~
Community Development Director CS
city Manage~ (4/5THS Vote: Yes___No-x-)
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ITEM TITLE:
REVIEWED BY:
On February 25, 1992, the Agency approved the First Addendum to the
Disposition and Development Agreement with Homart Development
Company regarding the second expansion of the Chula vista Center.
The Addendum includes a requirement of a $2.6 million Agency
financial contribution towards the Project. Staff is proposing to
finance the Agency's contribution through an asset transfer between
the City of Chula vista and the Redevelopment Agency.
RECOMMENDATION: That Council approve the resolution authorizing
staff to proceed with an "asset transfer" structured financing and
notice a public hearing for November 23, 1993, for review and
approval of the financing documents.
BOARDS/COMMISSIONS:
Not applicable.
DISCUSSION:
In 1987 the Redevelopment Agency entered into a Disposition and
Development Agreement with Homart Development Company for the
remodeling and expansion of the Chula vista Center. Total Project
cost was approximately $42 million with Homart contributing $35
million and Chula vista $7 million (proceeds from issuance of
certificates of Participation). The Project was completed in 1988.
The First Addendum to the Disposition and Development Agreement was
approved by the Council in February 1992 and addressed a second
expansion of the Chula vista Center including a parking garage, a
movie theater complex, relocation of the existing Sav-On Drug
Store, and construction of an approximately 80,000 square foot
Mervyn's Department Store. Everything has been accomplished with
the exception of Mervyn's which is currently under construction.
As part of the First Addendum, the Agency agreed to contribute the
sum of $2.6 million towards the cost of the second expansion. The
\\-1
Page 2, Item J 7
Meeting Date 11/02/93
Agency's contribution is to be made following construction of the
parking garage (which is completed) and upon 80% completion of
construction of Mervyn's. Homart estimates this will occur by
December 31, 1993. Tonight's action implements the process for
financing the Agency's contribution.
"Asset Transfer" Financinq
In order to obtain the Agency contribution of $2.6 million, staff
is recommending using a simplified "asset transfer" financing
structure which involves the Agency, ci ty , and city assets as
security for the financing.
The traditional approach for financing the Agency's contribution to
Homart would involve the issuance of certificates of participation
(COPs), the proceeds of which would be used to acquire the parking
facility that Homart has recently constructed. In other words, the
COPs provide the funding for the project and the parking facility
secures the financing.
For the current project, the use of the traditional COP approach
could give rise to certain legal and practical issues. In
particular, Homart's desire to have long-term operating control
over the parking structure could cause the COPs to become taxable
for non-compliance with the five year management contract rule (the
law requires that a public project, such as a parking facility,
managed by the private sector must have a fixed fee management
contract for no more than five years that is cancelable by either
party). This law ensures that the facility continues as a public
purpose project, however, it takes long-term control of the
facility away from Homart. Moreover, the traditional approach
would necessitate the involvement of Homart and its attorneys which
would add complexity and expense to the project. The use of an
asset transfer approach can address these issues and accomplish the
financing.
Like the traditional COP approach, the proceeds of an asset
transfer structure would be used to fund the Agency's contribution
to Homart. However, the parking facility would not represent the
basis for the underlying security for the COPs. Rather, other City
assets would be used to effectively secure the issue. The
financing structure is analogous to the use of a home equity loan
to pay for a car, rather than through a car loan.
The proposed financing structure is outlined as follows:
(a) the City will sell to the Agency an existing asset
of the City which does not exceed the fair market value of the
asset;
\,.. '2
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Page 3, Item J 7
Meeting Date 11/02/93
(b) the Agency will lease the asset back to the city
under a lease-purchase agreement whereby the City makes semi-
annual paYments of rental, and under which title to the asset
reverts back to the city automatically upon conclusion of the
term of the lease;
(c) as security for the lease paYments, the city will
pledge motor vehicle in-lieu fees paid to the city by the
state of california;
(d) in order to raise the funds required to purchase the
asset from the city, the Agency will arrange for the issuance
of certificates of Participation in an aggregate principal
amount of not to exceed $3,500,000;
(e) the City will make the proceeds from the sale of the
asset available to the Agency under a loan agreement or
reimbursement agreement whereby the proceeds are used to
satisfy paYment to the Developer and, in turn, the Agency is
obligated to reimburse the City for its lease paYments made
under the lease-purchase agreement described above.
Because the subject of the COP financed project would not be the
parking structure, Homart can assume ownership/long-term control of
the structure without Federal tax considerations and Homart' s
involvement in the financing is not necessary.
city Assets
Although the city of Chula vista has not used the asset transfer
financing structure previous to this proposal, it has been used
frequently by other jurisdictions in California. Rating agencies
are also favorably receptive to the asset transfer structure.
Chula vista is carrying assets on its financial records in the
amounts of $29.8 million for Land, $27.2 million for Buildings, and
$6.4 million for Improvements. These assets are carried at
original cost and current market value may be substantially higher
in many instances.
Building assets include city Hall complex, Fire stations, Public
Works Yard, and various Community Centers. Land and Improvements
assets include the Civic Center, parking lots, parks, and golf
course. The vast majority of the City assets are non-performing in
that they are not generating income and can appropriately be used
in an asset transfer financing.
The fair market value of the asset(s) must be at least equal to the
principal amount of the COPs. The city will need to obtain an
\l-~
Page 4, Item / 7
Meeting Date 11/02/93
appraisal confirming the value of the assets to be used. The same
legal requirement pertains to all COP issues.
The asset should be reasonably "essential" to attain the desired
rating from the rating agency. Eligible assets include
administrative buildings, public safety facilities, community
centers, parks, and street improvements.
In reviewing the assets held by the City, staff is proposing that
Fire station #1 and Marina View Park be used, assuming there is
suff icient appraised value, to secure the proposed financing.
These assets are within Redevelopment Project Areas which enables
the Redevelopment Agency to serve as lessor of the assets. At the
end of the 20 year lease, title to the assets reverts to the City
of Chula vista.
As an alternative, the Public Works Corporation Yard could also be
considered as security for the financing.
Motor Vehicle License Fees
staff is also recommending that, in order to enhance the credit
rating of the proposed COPs, the City pledge a portion of its Motor
Vehicle License Fee revenue to guarantee debt service payments.
This type of pledge was used to advantage earlier this year when
the city issued 1993 Refunding Certificates of participation.
Pledging Motor Vehicle License Fee revenue as additional security
provides two advantages: 1) it will enable the City to obtain a
credit rating of "A" (otherwise the rating will be Baal) which will
result in lower interest costs on the financing, and 2) it may help
to preserve Motor Vehicle License Fee revenue to the City in the
event that the state implements a reallocation of this revenue in
the future between the cities and counties.
Under the Motor Vehicle License Guarantee program, in the event the
City fails to make required deposits of the Lease Payments to the
Trustee for two successive months the Trustee shall request payment
directly from the state Controller from the City's apportionment
from the License Fee Account in the amount equal to the delinquent
Lease Payments.
Apportionments of Motor Vehicle License Fees are made monthly by
the state Controller to cities and counties. For Chula vista, such
fee revenue has averaged about $4.5 million per year for the last
five years.
since the Lease Payments relating to the asset transfer financing
will be obligations of the city's General Fund, and since all of
\i-Y
Page 5, Item J 7
Meeting Date 11/02/93
the Motor Vehicle License Fee revenue is deposited into the General
Fund, staff does not feel that the additional pledge entails any
additional risk. Chula vista (and other cities in the state) has
previously used the Motor Vehicle License Fee program successfully
to achieve a higher bond rating. since a higher credit rating
results in lower interest costs to the city, it is advantageous to
provide the pledge of Motor Vehicle License Fee revenue.
Additional Sales Tax Guaranty
As part of the original Disposition and Development Agreement
entered into in 1987, Homart provided a Sales Tax Guaranty for the
benefit of the City whereby if increment taxes generated from the
expansion of the Center fall below a certain level, then Homart is
obligated to make up the difference. The Sales Tax Guaranty
extends through 1996. To date, the City has not drawn on the Sales
Tax Guaranty and we do not anticipate drawing on it in future
years.
As part of the First Addendum to the Disposition and Development
Agreement that was approved in 1992, Homart provided an Additional
Sales Tax Guaranty relating to the current expansion of the Center.
This Guaranty extends through the year 2003 and provides additional
security for the city/Agency's financial participation.
Risk to City Assets
If City assets are to be used in an asset transfer financing, the
question arises as to what is the risk to the assets (public
facilities) that are used. The assets are the ultimate security
for the COPs and would only be called or foreclosed on as a last
resort. The chance of this occurring is extremely remote. Under
the proposed financing, if the City fails to make its lease
paYments, then the Trustee shall request paYment directly from the
State Controller from the City's Motor Vehicle License Account. In
addition, the city has the Additional Sales Tax Guaranty provided
by Homart to draw on in the event of a revenue shortfall and a
Reserve Fund in the amount equal to 10% of the principal amount of
the COPs.
Fundinq For Debt Service Payments
If certificates of Participation are issued in order to finance the
Agency's contribution to the current expansion of the Center, the
annual debt service is estimated to be $290,000 over the twenty
years term of the certificates. The source of funds to pay the
annual debt service on the COPs would be the resulting increase in
property tax increment revenue from construction of the
\,- S
Page 6, Item
Meeting Date 11/02/93
/7
improvements and incremental sales tax revenue from increased
sales.
A fiscal analysis prepared by John McTighe & Associates projected
that the increment property tax and sales tax revenue generated
annually by the current expansion would range from $328,787 in the
worst case to $537,330 in the best case, with the most likely case
being $480,000 per year. Thus, more than sufficient incremental
revenue will be generated from the current expansion in order to
cover the cost of the city/Agency financial participation. The
Additional Sales Tax Guaranty provided by Homart also serves as
additional assurance that funds will be available to pay debt
service.
Bond Counsel and Underwriter
Staff has been working with Jones, Hall, Hill & White as bond
counsel and Dean witter Reynolds as underwriter to structure the
proposed financing. These two firms worked with the City on the
original financing in 1987 and also on the refunding financing
completed in February 1993 and bring a continuity and thorough
understanding of the financings related to the Chula vista Center.
Schedule
If tonight's action is approved, a public hearing will be scheduled
for November 23 in order to approve the financing documents and
sale of the COPs would occur in mid-December.
FISCAL IMPACT:
It is proposed that certif icates of Participation be issued in
order to finance the City/Agency contribution of $2.6 million to
the current expansion of the Chula vista Center. It is anticipated
that the incremental property tax and sales tax revenues generated
from the improvements to the shopping center will more than offset
the debt service requirement for the Certificates.
Additional security is also provided by the Additional Sales Tax
Guaranty from Homart and by a Reserve Fund (funded from the COP
issue) in an amount equal to 10% of the principal amount of the
COPs.
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. . . ~"._>__~._~~.'"_'_ _"''''~______~_ <,.o,....._,_~.,___.__",_.~
RESOLUTION NO. 17297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING INSTITUTION OF
PROCEEDINGS TO FINANCE PAYMENT REQUIRED TO BE
MADE TO HOMART DEVELOPMENT CO., IN CONNECTION
WITH THE CONSTRUCTION OF PUBLIC PARKING
FACILITIES IN THE TOWN CENTRE II REDEVELOPMENT
PROJECT
WHEREAS, the Redevelopment Agency of the City of Chula
vita (the "Agency") is obligated to pay the amount of $2,600,000 to
Homart Development Company (the "Developer") as a contribution
towards the costs of constructing a public parking garage at the
Chula vista Center in the Town Centre II Redevelopment Project
Area, pursuant to a First Addendum to Disposition and Development
Agreement between the Agency and the Developer; and
WHEREAS, in order to provide funds for the paYment of
such amount, the Agency and the City have proposed a financing
structure the outlines of which are as follows:
(a) the City will sell to the Agency an existing asset
of the city for a purchase price which does not exceed
the estimated fair market value of such asset, pursuant
to an acquisition agreement to be entered into between
the city and the Agency;
(b) the Agency will lease such asset back to the city
under a lease-purchase agreement whereby the City makes
semiannual paYments of rental, and under which title to
such asset reverts to the City automatically upon the
conclusion of the term of the lease;
(c) for the security of its lease paYments, the City will
guarantee such paYments from motor vehicle in-lieu fees
paid to the City by the State of California, in
accordance with the authorization contained in the
Revenue and Taxation Code;
(d) in order to raise the funds required to purchase
such asset from the City, the Agency arranges for the
issuance of certificates of Participation in an aggregate
principal amount of not to exceed $3,500,000, pursuant to
a trust agreement to be entered into among the City, the
Agency and a trustee bank; and
(e) the City will make the proceeds from the sale of
such asset available to the Agency under a loan
agreement, reimbursement agreement or similar arrangement
whereby such proceeds are applied to satisfy the paYment
to the Developer and, in turn, the Agency is obligated to
1
Il-i
reimburse the City for its lease paYments made under the
lease-purchase agreement described above; and
WHEREAS, the City Council wishes at this time t approve
the financing plan outlined above (the "Financing Plan") and
authorize City staff to proceed to implement the Financing Plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista as follows:
section 1. Approval of Financing Plan. The City Council
hereby approves the Financing Plan described above, and authorizes
the City Manager, the Director of Finance and other appropriate
officials of the City to institute proceedings for the
implementation of the Financing Plan. Upon the preparation of all
required documentation relating to the Financing Plan, such
documentation shall be presented to the City Council for final
approval and authorization. In the event that the Financing Plan
does not result in the assignment of a rating from Standard &
Poor's Corporation of "A" or better, proceedings to implement the
Financing Plan shall be terminated unless and until re-instituted
by resolution of the City Council.
section 2. Call for Hearing. In accordance with section
33431 of the Health and Safety Code of the State of California, the
City Council hereby calls for a public hearing to be held on the
proposed leased to be entered into between the Agency and the City
in conjunction with the Financing Plan, such hearing to be held on
November 23, 1993 at 6:00 p.m. in the Council Chambers of the City
of Chula Vista, 276 Fourth Avenue, Chula Vista, California. The
City Clerk is hereby authorized and directed to cause a notice of
such hearing to be published once a week for two successive weeks
in the official newspaper of the city, the first publication to be
not later than November 9, 1993.
section 3. Engagement of Professional Services. In
connection with the implementation of the Financing Plan, the City
Council hereby authorized the engagement of Jones Hall Hill &
White, a professional law corporation, to act as special legal
counsel to the City upon the terms and conditions set forth in the
existing agreement with said firm dated August 1, 1985. The City
Council hereby further designates the form of Dean witter Reynolds
Inc. to act as underwriter of the proposed certificates of
participation from the first of First Interstate Bank of California
to act as trustee for the proposed certificates of participation.
LYman Christopher, Director
of Finance
C:\rs\homart.prk
take
section 4. Effective Date. This resol
effect from and after the date of its a
Presented by
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CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
October 26, 1993
The Honorable Pam Slater
Supervisor, District NO.3
San Diego County Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
RE: Background Material for Governance Discussion
Dear Supervisor Slater:
On October 18, 1993, our City Manager received a three-page memo concerning governance alternatives
and issues from Roger Krauel and Steve Eckis with a request to place the item on our Council agenda
for consideration and action prior to the November 5-6 Interim Solid Waste Commission workshop.
We wanted to advise you that we have not been able to comply with that request due to the short time
frame and the lack of enough information to adequately allow our decision-makers to discuss the issues.
The agenda closing date for our meeting preceding the workshop was October 22, giving us only 3 days
to have had an agenda statement prepared for the meeting.
Further, the outline needs to be further delineated, perhaps by County staff or a management
subcommittee. Our City staff.. probably similar to a number of other jurisdictions, does not at this point
have enough information to adequately brief our Council. What would be hepful would be a list of pros
and cons for each option and what some of the implications might be. What are the liabilities associated
with each alternative? What are the fiscal impacts? What are some of the practical operational issues?
How do the current obligations for NCRRA fit or not undo various governance schemes? In addition,
Messrs. Krauel and Eckis have pointed out a number of important areas which are not yet addressed at
all by the outline _ elected/appointed board members, withdrawal, staffing, and operational decision-
making have had no discussion.
Perhaps the November 5-6 workshop can address these questions but still be a prelude to a more fully-
developed package going back to the City Council for discussion and debate. We look forward to your
suggestions and the upcoming workshop.
Sincerely ,
f{
JRR:GK:mab
cc: Commission Members
City Manager
J?f-J
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
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ellY OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
October 25, 1993
Mr. David E. Janssen
Chief Administrative Officer
County of San Diego
1600 Pacific Highway, Room 209
San Diego, CA 92101-2472
RE: Solid Waste Facility (Host) Fee for Otay Landfill
Dear David:
In February and June 1993, the Board of Supervisors took action regarding the
establishment of a solid waste facility fee that would be paid to jurisdictions
"hosting" a County solid waste facility within their jurisdiction. Board action
incorporated these payments as a part of the FY 1994 disposal fee schedule
effective July 1, 1993.
The Interim Solid Waste Agreement also incorporates these facility fees,
establishes the rate, and sets out how the rate is to be adjusted in the future.
The City of Chula Vista became a signator of the agreement in reliance of the
host fee being received. While we have had some ongoing discussion with your
staff regarding expansion of the Otay Landfill and a new conditional use permit
therewith, we believe it is appropriate for the County to implement the host fee
for the Otay Landfill independent of those discussions.
We request therefore that the fee be calculated and paid for the period July 1,
1993 through November 1, 1993, and that subsequent payments be made on a monthly
basis. We appreciate your attention to this request. Please advise us if we can
be of further assistance.
JDG:GK:mab
cc: Mayor/City Council
D. Goss
Manager
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5031
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Ull OCT ~ 11993 .~ ~
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of Carlsbad
Cit
Office of the Mayor
October 15, 1893
. .
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.... eJra' COUriC1L OfFICES ..'
CHULA ViSTA. CA '
Pam Slater, SupervIsor
Third District
Room 358
1600 Pacific Highwlly
San DIego, CA 92101
DEFERRAL OF SOUD WASTE SURCHARGE
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Under the Interim Solid Waste Agreement, cItIel that do not commit the final 50% of their lolld
waste to the Interim Commission by December 1. 1993 must pay a 50% lurcharge on the tip fee.
Since there Is to be no solid waste bond Issue before the governance Issue Is decided, I believe
that there Is no reason. other than punitive, to maintain the surcharge against members of the
Commission who do not commit their finai 50%. Moreover. there Is little argument to support
continuation of the IUrcharge on non-members of the Commission. since there are no viable near
term alternatives for disposal. Applying the surcharge to Commission members and non-
members. who are In good faith trying to struggle to . regional lOIutlon. seeml
counterproductive at best.
1 would like to suggest that the County and the cities amend the agreement to defer collection
of the surcharge against members and non-members until the Issue of governance II decided,
I have discussed this Issue privately with colleagues on the Commission and found some Interest
In considering this proposa1.
Since time Is of the ....nce. I am requesting that this Item be placed nIl! on the November
workshop agenda for consideration as an administrative Item before we begin deliberating the
.' governance issue.
~
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c:
Council Members
Commission Members
City Manager
Utilities and Maintenance Director
.,
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1200 Carfsbad Village Drive. Carlsbad. CA 92008-1989. (619) 434-2830. FAX (619) 7~0-9461
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DATE :
October 28, 1993
VIA:
FROM:
SUBJECT:
Honorable Mayor and City Council_~J
John Goss, City Manager~ ~~l
George Krempl, Deputy City ManagerV(v
TO:
Interim Solid Waste Commission Meeting - Nov. 5 - 6, 1993
and Governance Issue
Enclosed is a copy of a letter that Vice Mayor Rindone sent to the Interim Solid
Waste Commission members. This was in response to an outline of governance
issues sent out to each City last week which requested each City discuss and act
thereon prior to the November 5 - 6 workshop. The outline and our response was
mentioned by Vice Mayor Rindone and staff at your October 26, 1993 Council
meeting and is for your information.
GK/ec
Encls.
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----
----
CllY OF
CHULA VISTA
OFFICE OF THE CITY COUNCIL
October 26, 1993
The Honorable Pam Slater
Supervisor, District No.3
San Diego County Board of Supervisors
1600 Pacific Highway
San Diego,CA 92101
RE: Background Material for Governance Discussion
Dear Supervisor Slater:
On October 18, 1993, our City Manager received a three-page memo concerning governance alternatives
and issues from Roger Krauel and Steve Eckis with a request to place the item on our Council agenda
for consideration and action prior to the November 5-6 Interim Solid Waste Commission workshop.
We wanted to advise you that we have not been able to comply with that request due to the short time
frame and the lack of enough information to adequately allow our decision-makers to discuss the issues.
The agenda closing date for our meeting preceding the workshop was October 22, giving us only 3 days
to have had an agenda statement prepared for the meeting.
Further, the outline needs to be further delineated, perhaps by County staff or a management
subcommittee. Our City staff" probably similar to a number of other jurisdictions, does not at this point
have enough information to adequately brief our Council. What would be hepful would be a list of pros
and cons for each option and what some of the implications might be. What are the liabilities associated
with each alternative? What are the fiscal impacts? What are some of the practical operational issues?
How do the current obligations for NCRRA fit or not undo various governance schemes? In addition,
Messrs. Krauel and Eckis have pointed out a number of important areas which are not yet addressed at
all by the outline _ elected/appointed board members, withdrawal, staffing, and operational decision-
making have had no discussion.
Perhaps the November 5-6 workshop can address these questions but still be a prelude to a more fully-
developed package going back to the City Council for discussion and debate. We look forward to your
suggestions and the upcoming workshop.
~
Sincerely ,
JRR:GK:mab
cc: Commission Members
City Manager
/ ~.r 5
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5044
'.
DATE:
05 NOV ~3 WOJUCSHOP
Solid Waste In~erimCommi88ion
TO:
FRONt
Roger W. lCrauel and steve Ecki.
SUBJECT: Alternative purpoceCland Objectives For A Per.anent
En~ity Xden~ified at OCT ls~Workshop. For Discussion at November
5-6 Workshop. , . . . .
1. I j '.i..'
.
..1
Various ideas concerning the purpose and objec~iv.s tor a
permanent entity were put forward by the commissioners a~ the OCT
1st. Workshop. These items should be considered by each member
aqencyprior t.o November 6-6. The member agency'. Commissioner
should be prepared on November 5-G'to present the member aqency's
position on t.hese l~ems and any o~her new ideas concernin9 the
purpose and objective of a pe.rmane~t.entity.
On November 5-6, it is intended that the xnterim commission
~ill reach consensus on the'primary policy issues concernin9 the
purpose and objectives of a permanent entity. Once consensus is
reached on purpose and objective, alternative governmental forms
will be prepared tor cons1d~r~tioni~y t~e xnterim commission.
At 'the Oot 1st Workshop, t.he :Interim comllicc ton Dembers
presented the tollowing possibilities: .
A. Alternative purposes/Objectives For Permanent Entity.
1. No change 1n existing structure. No ontity formed.
County continues to operate i'ta system as a "provider of
service" to individual cities.
2.
County cystom is privatized.
review rates.
Enti~y fOrTl\od only to
~.:.;; .t".1.~.:;.~~.
3. Entity tormed solely to advi.. County operation.
"ManageDant" entity' tormed to overSG. County' 8
operation of County syst.em.
RUser. entity formea with certain contractual
ri9ht.s t.o address .anagement i..u.. concerninq t.he
County system.
". Ent.lty only a "User. It Elected otficials will not have
the expertise (nor the longevity to develop the
expertise) t.o run a complicated system. County continues
to operate its system.
1
/?/b
:.
.
,
.
5. Entity tormed with cufticient flexibility to be an
.operator" or "user."
Regional ani:ii:y
problems.
deal.
wit.h
subregional
t:hai:
..
Entity lacks ability to be an .operator" a~ t.his
time. Entity ctart~ as :. "user" and phacos in ..
an "oporator:-," ? " ..
... . '..,
,. Enti~y tormod to t.ake over County system. Entity
operates and posslbly pl1ases out (closes) the County
cystom. - " t l' .
Entity would not take over County syst.elll all at
once. The existing operational system should
gradually disappear' as the new Entit.y takes over
County system.
I
Entity oporates County cystem tor .1Ithile, closes
the County system and becomes a user.
7. SANOAG takes over Count.Y' operation ot the existinCiJ
system. .. 1 I
8. SANOAG-type entity takes over count.y operation of the
existing system.
9. Several, 8ubreqional entities are ~ormed that addross
cubreqional problems.
One or more cities form an Iloperator..
One or Dare citios fora a .ucer."
8. Oporational Decision Xaking. (Not addrecced]
~~1 ~~.........,.. :.~~
c. Bonding/Tip Fees/Assessments.
1. Entity haa bonding authority.,.
2. Entit.y .embers share cost. basod on population (but
retain on. agoncy/one vote on decision making.)
3. Entity hae power to impose fees.
4. Entity has power to ae8ee8 member aqencles.
D. staffing [Not Addressed]
E. withdrawal (Not Addrossec2]
2
)8- 7
- - . -... .. ,,~
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P. Execuhiva committe. ~or Entity.
1. Elec~.d official. vbo represen~ a subregion within the
region.
c. votintJ.
1. One agoncy/one vote.
2. One agency/one vote, bu~ safeguards tor aore populated
members.
R.Elected/Appointed Board Kember.s (Not Addressed]
I. Xiscellaneous
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