HomeMy WebLinkAboutAgenda Packet 1993/11/23
Tuesday, November 23, 1993
6:00 p.m.
"" declare under pena!ly of perjury that ram
employed by the City of Chuls Vista in the
Office of the City Clcr~, and that I p03tcd
this Agenda/Noiice on the :ul~cUn Board at
the Public ~er~ BuHdin;, c at ity H~n
DATED~ \ \ IK SIGNED \ C ~ \:" Council Chambers
\ Public Services Building
Resmlar MeetinS?: of the City of Chula Vista City Council
CALL TO ORDER
1.
ROIl. CAlL:
Councilmembers Fox _, Horton -' Moore -' Rindone _, and Mayor
Nader _
2. PLEDGE OF AlLEGIANCE TO TI-IE FLAG. SILENT PRAYER.
3.
APPROVAL OF MINUfES:
October 28, 1993 (Joint Council/County Board of Supervisors),
November 2, 1993 (Regular City Council), and November 9, 1993
(Regular City Council)
4. SPECIAL ORDERS OF TI-IE DAY:
a. Oath of Office:
Economic Development Commission Ex-Officio - Carolyn McGraw;
Human Relations Commission - Ronald Morton;
International Friendship Commission - Mildred N. Knodt and Gerald W. McDonald.
b. Retiring Board and Commission Member Resolutions:
Human Relations Commission - Elizabeth Allen
Safety Commission - Ollie Braden
International Friendship Commission - Lee Ann Decker
Commission on Aging - Linda Gilstrap
Senior & Disabled Transportation - Nancy Hitchock, Joan Nicholson, Anne Fabrick, and
Mabel Rabe
Board of Ethics - Leo Kelly
Montgomery Planning Area Committee - Ann Jennette McFarlin
Town Centre Project Area Committee - Charles Peter, Gary Harper, Will Hyde, and Dale
Ohlau
Parks & Recreation Commission - Cliff Roland and Bob Lind
Civil Service Commission - Delbert Boerner and Oscar Vogel
Planning Commission - Joanne Carson
Board of Appeals - John Nash
CONSENT CALENDAR
(Items 5 through 10)
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 pub/U; or City staff requests
that the item be pulled for discussion. [fyou wish to speak on one of these items, please fill out a -Request to
Speak Form.- available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form.
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
Agenda
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November 23, 1993
recommendation.) Items puI1ed from the Consent Calendar will be discussed after Board and Commission
Recommendations and Action Items. Items puI1ed by the public will be the first items of business.
5. WRITfEN COMMUNICATIONS:
a. Letter requesting meeting with Lucky Supermarket representative to mediate concerns
regarding the rezoning of the parcel at the comer of Third and . J" Street - Kenneth Ham,
724 Garrett Ave., Chula Vista, CA 91910. It is recommended that staff meet with residents
along with a Lucky representative during the week of November 29th. Staff has been in
contact with Lucky representatives, who agree on this approach. Staff would return with
a report to Council regarding the outcome of this meeting at the Council meeting of
December 7th.
b. Letter requesting a donation of $500 for holiday gifts for abused children - Scott Shaffer,
MFCC, DSU Coordinator, South Bay Chapter, Family Stress Center, 571 Third Ave., Chula
Vista, CA 91910. It is recommended that this request be forwarded to the Human Services
Council for their referral to the appropriate agency.
c. Letter requesting that the seats of Julia Wubenhorst and Allyson Borders on the Youth
Commission be declared vacant. It is recommended that the seats be declared vacant and
the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's
Office and the Public Library.
6. RESOLUTION 17310 AMENDING TIIE TELEGRAPH CANYON ESTATES SECTIONAL PLANNING
AREA PLAN (PCM-91-7) AND TENfATIVE SUBDMSION MAP (pCS-93-3)
BY CLOSING GUn-lAM STREET TO TI-lROUGH TRAFFIC INCLUDING
EMERGENCY AND PEDESTRIAN ACCESS - On 11/16/93, a public hearing
was held to consider the closing of Gotham Street. At that time, Council
directed staff to amend the resolution to close Gotham Street to through
traffic including emergency and pedestrian access. Staff recommends
approval of the resolution. (Director of Planning and Director of Public
Works) Continued from the 11/16/93 meeting.
7. RESOLUTION 17313 APPROVING GRANT; APPROPRIATING $74,368 FROM 619-6190-PR-189;
AND REAPPROPRIATING $8,671 FROM 600-6004-PR-l68TO 600-6004-PR-
189, AND $2,439 FROM 649-6490-BG-100 TO 649-6490-PR-189, AND
VARIOUS FUNDS FROM OPEN SPACE ACCOUNTS; TO MEET TIIE LOCAL
MATCH FOR TIIE SMALL BUSINESS TREE PLANTING PROGRAM - The
Parks and Recreation Department applied for a tree grant frqm the
National Small Business Tree Planting Program in February 1993. The
grant application included utilizing existing programs from the Building
and Housing Department's Community Appearance Program (CAP), and the
Department's Open Space and Parks Division to facilitate the
implementation of the grant. The grant request for $74,368 was approved
and accepted for funding by the National Small Business Tree Planting
Program. Staff recommends approval of the resolution. (Director of Parks
and Recreation) 4/5th's vote required.
Agenda
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November 23, 1993
8. RESOLUTION 17314 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACf
FOR LAUDERBACH PARK AND PASEO DEL REY PARK PLAY AREA
RENOVATION IN TIlE CIlY - Sealed bids were received for Lauderbach
Park and Paseo Del Rey Park play area renovation. The work includes site
preparation with selective demolition, clearing, and grubbing; excavation
and grading; installation of play structures, importing sand, constructing
various types of curbing; four inch PCC sidewalk, cast-in-place resilient
surface, miscellaneous landscape and irrigation repair, construction
surveying, and other miscellaneous work shown on the plans. Staff
recommends Council: (1) Appropriate $23,750 from the fund balance of
Montgomery/Broadway Equities Permit Fund (MPROOl) to Play Equipment
- Various Locations (PR-146); and (2) Accept bids and award contract to
Edward A Zasueta Contracting Company in the amount of $101,861.05.
(Director of Parks and Recreation and Director of Public Works) 4/5th's
vote required.
9. RESOLUTION 17315 APPROPRIATING $186,239 FROM TIlE UNAPPROPRIATED BALANCE OF
FUND 253 (TRANSPORTATION PARTNERSHIP FUND) TO CAPITAL
IMPROVEMENT PROJECf (ACCOUNT NUMBER 253-2530-ST-153),
METROPOUTAN TRANSIT DEVELOPMENT BOARD (MTDB) BRIDGE
WIDENING AT MAIN STREET AND INDUSTRIAL BOULEVARD AND
Al.m-IORIZING FINAL PAYMENT OF $484,468 TO TIlE MTDB FOR TIlE
CIlY SHARE OF TIlE COST OF TIlE MAIN STREET UNDERPASS PROJECf
On 12/14/89, the City indicated to the MTDB in a letter that Chula Vista
was willing to pay 10% of the cost of the Main Street Underpass Project.
Council approved the expenditure of $600,000 and further authorized the
expenditure of an additional $150,000 for the construction of street
improvements under the bridge. Payment of $330,000 to MTDB was
approved on 3/2/93 as an initial payment for the cost of all the work. The
project has now been completed, and MTDB has requested final payment
for the City's share of the cost of the combined projects. Staff recommends
approval of the resolution. (Director of Public Works) 4/5th's vote
required.
10. RESOLUTION 17316 ACCEPTING PETITION FOR FORMATION OF A SPECIAL ASSESSMENT
DISTRICf FOR TIlE CONSTRUCTION OF AlJ.EY PAVING FROM -J"
STREET TO KEARNEY STREET BETWEEN ELM AVENUE AND SECOND
AVENUE - A petition has been received from property owners in the 700
block along Second and Elm Avenues requesting that special assessment
proceedings be commenced for construction of paving the unimproved alley
between those streets. Upon acceptance by Council, the petition will be
filed in the City Clerk's office. Staff recommends approval of the
resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foHowing items have been advertised and/or posted as publU: 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 recommendLltion.) Comments are limited to five minutes per individuaL
Agenda
11.
PUBUC HEARING
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November 23, 1993
CONSIDERING ABATING TIlE SCHEDULED 1994 BUSINESS UCENSE TAX
INCREASE TO RETAIN BUSINESS UCENSE TAXES IN CALENDAR YEAR.
1994 AT TIiEIR CURRENT 1991 LEVELS - On 10/25/90, Council adopted
the current Business License Tax Schedule and provided for a three year
phase-in of increased business license taxes. The schedule set forth the tax
rates for Calendar Years (CY) 1991-1993 and provided for a 6% tax
increase in subsequent years to account for inflation. The ordinance also
provided Council with an annual option to abate the scheduled tax rate
down to a minimum level specified (CY 1991 rates) via Council resolution.
Since the Master Tax Schedule was adopted, Council has held an
abatement hearing and subsequently abated the entire tax increases
scheduled for CY 1992 and CY 1993. Therefore, the current CY 1993 tax
rates represent at the minimum (CY 1991) level allowed by ordinance. If
Council does not pass the resolution to abate the tax in CY 1994, tax rates
for the majority of businesses will more than double. Staff recommends
approval of the resolution. (Director of Finance)
RESOLUTION 17317 ABATING TIlE SCHEDULED CALENDAR YEAR. 1994 BUSINESS UCENSE
TAX INCREASE AS PROVIDED IN ORDINANCE 2408, WIlli TIlE
EXCEPTION OF TAXES ON SPECIFIC BUSINESSES Wl-llCH WERE
ADOPTED BY COUNCIL ORDINANCE AFfER. JANUARY 1, 1991
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 low, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow RRequest to Speak Under Oral Communications FormR available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions 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 individu.ally by the Council and staff
recommendations may in certain cases be presented in the aItemative. Those who wish to speak, please fill out
a RRequest to S~ form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
12.
REPORT
UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
"
Agenda
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November 23, 1993
18. RESOLUTION 17320 ACCEPTING BIDS AND AWARDING CONTRACfFOR TIlE CONSTRUCflON
OF TELEGRAPH CANYON CHANNEL, INrERIM SLOPE PROTECflON IN
TIlE CIlY - On 11/10/93, sealed bids were received for the construction
of "Telegraph Canyon Channel, Interim Slope Protection". The bid from
Interwest Pacific, Ltd. for $53,200.00 was the only bid received for the
project. Staff recommends approval of the resolution. (Director of Public
Works) (This item was added to the agenda after it was completed and is
therefore out of numerical sequence.)
19. RESOLUTION 17319 AUnIORIZING ISSUANCE OF BONDS IN TIlE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $18,000,000 TO REFINANCE TIlE
OUTSTANDING OBLIGATIONS OF TIlE CIlYTO TIlE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM - Staff recommends approval of the
resolution. (Administration) (This item was added to the agenda after it
was completed and is therefore out of numerical sequence.)
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 CounciJmembers. Public
comments are limited to five minutes per individual
OlHER BUSINESS
13. CI1Y MANAGER'S REPORT(S)
a. Scheduling of meetings.
14. MAYOR'S REPORT(S)
a. Ratification of appointment:
Child Care Commission - Angie Gish
Charter Review Committee - Janet Lawry and Wadie Deddeh
b. RESOLUTION 17318 APPROVING AN INTERIM AGREEMENT REGARDING
WITIIDRAWAL FROM TIlE SAN DIEGO AREA WASTEWATER
MANAGEMENT DISTRICf, AND AUnIORIZING MAYOR TO
EXECUTE SAME
15. COUNCIL COMMENTS
Council member Fox:
a. Status of Chula Vista participation in the NCRRA Study Subcommittee.
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) ,
Agenda
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November 23, 1993
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 11/16/93.
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 attorney.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
The meeting will adjourn to (a closed session and thence to) a Special Meeting on Monday, November 29,
1993 at 4:00 p.m. in the Council Conference Room, thence to a Special Meeting on Monday, December 6,
1993 at 4:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on December
7, 1993 at 4:00 p.m. in the City Council Chambers, and thence to a Special Meeting on Wednesday,
December 8, 1993 at 6:00 p.m. in the Council Conference Room.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council
Meeting.
November 18, 1993
TO:
FROM:
SUBJECT :
The Honorable Mayor and City counc\l'ar
John D. Goss, City Manager JCt ,~,
City Council Meeting of November 23, 1993
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 23, 1993. Comments regarding the Written
Communications are as follows:
5a. This letter, signed by several residents of Garrett Avenue, is requesting
a meeting to discuss continued concerns regarding the proposal to
construct a supermarket at the southwest corner of Third Avenue and "J"
Street. A Genera 1 Plan amendment and rezon i ng of th i s property were
approved by the City Council on November 2, 1993. A related letter, dated
November 11, 1993, requests that Council take action to delay the
effective date of the General Plan amendment and rezoning.
The concerns raised in this letter were addressed in the environmental
documents and staff analysis, and were discussed in previous public
meetings and public hearings which were held in regard to this proposal.
As a resu It, severa 1 cond i t ions were i nc 1 uded wh i ch are intended to
mitigate possible impacts of the project on the surrounding area. One
specific condition added by the City Council directs staff to meet and
confer with residents of the adjoining residential neighborhood to obtain
input regarding the height and design of a zoning wall along the westerly
property line of the site.
In light of concerns raised in the attached letter, as well as Council's
previous direction to meet and confer with residents regarding the zoning
wall, IT IS RECOMMENDED THAT STAFF MEET WITH RESIDENTS ALONG WITH A LUCKY
REPRESENTATIVE DURING THE WEEK OF NOVEMBER 29. STAFF HAS BEEN IN CONTACT
WITH LUCKY REPRESENTATIVES, WHO AGREE ON THIS APPROACH. STAFF WOULD
RETURN WITH A REPORT TO COUNCIL REGARDING THE OUTCOME OF THIS MEETING AT
THE COUNCIL MEETING OF DECEMBER 7.
5b. This is a letter from the South Bay Chapter of the Family Stress Center
requesting a $500 donation for holiday gifts for abused children. IT IS
RECOMMENDED THAT THIS REQUEST BE FORWARDED TO THE HUMAN SERVICES COUNCIL
FOR THEIR REFERRAL TO THE APPROPRIATE AGENCY.
5c. IT IS RECOMMENDED THAT THE SEATS OF JULIA WUBENHORST AND ALLYSON BORDERS
ON THE YOUTH COMMISSION BE DECLARED VACANT AND THE CITY CLERK BE DIRECTED
TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND
THE PUBLIC LIBRARY.
JDG:mab
RESOLUTION
COMMENDING ELIZABETH ALLEN
FOR HER EXCELLENT SERVICE ON THE
HUMAN RELATIONS COMMISSION
WHEREAS, on June 13, 1989, Elizabeth Allen was appointed to the Human
Relations Commission; and
WHEREAS, Elizabeth brought to the Commission her B.A. degree from the
College of William and Mary and her Masters from San Diego State University as well as
her many years as an educator for the Sweetwater Union High School District in working
with a variety of adults and youth groups; and
WHEREAS, Ms. Allen helped to achieve her goal of integrating the Montgomery
area into the City of Chula Vista and to encourage respect and understanding among the
diverse groups in our community:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its appreciation to Elizabeth Allen for her outstanding services
on the Human Relations Commission.
l{b - )
RESOLUTION
COMMENDING DELBERT BOERNER
ON HIS EXCELLENT SERVICE ON THE
CIVIL SERVICE COMMISSION
WHEREAS, Delbert Boerner was appointed to the Civil Service Commission on
August 27, 1985; and
WHEREAS, Mr. Boerner so ably served as Chairman during fiscal year 1990/91;
and
WHEREAS, Delbert brought to the Commission his many years of experience as
a Navy Commander with emphasis in personnel management coupled with his degrees
in International Relations and Industrial Relations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Delbert Boerner and express its appreciation for his service
to the City of Chula Vista as a dedicated member of the Civil Service Commi~sion.
4b~2
RESOLUTION
COMMENDING OLLIE BRADEN
FOR HER EXCELLENT SERVICE ON THE
SAFETY COMMISSION
WHEREAS, Ollie Braden was appointed to the Safety Commission on October 15,
1985 and served as Chairperson during fiscal year 1991-92; and
WHEREAS, Ollie has been active in the community formerly serving on the City's
Human Relations Commission and her stint as Manager-Secretary[Treasurer of the
Propeller Club; and
WHEREAS, her tenure with the Commission was marked by a deep concern for
the safety and welfare of our community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Ollie Braden for her dedicated service on the Safety
Commission.
lfb..3
RESOLUTION
COMMENDING JOANNE CARSON
FOR HER EXCELLENT SERVICE ON THE
PLANNING COMMISSION
WHEREAS, after appointment on August 2,1984, Joanne Carson served over two
full terms for a total of nine years on the Chula Vista Planning Commission; and
WHEREAS, during that nine-year period, the largest number of planned
communities in the history of the City were planned, approved and constructed; and
WHEREAS, Joanne's dedication and attention to detail were instrumental in
providing the City Council with well thought out recommendations to address the many
issues of each development; and
WHEREAS, Ms. Carson served not only as chair for one full year during fiscal year
1988-89, she also served on the Growth Management Oversight Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Joanne Carson for her many years of service on the
Planning Commission and recognize the outstanding effort she has provided to the City
of Chula Vista.
4:6 - y
RESOLUTION
COMMENDING LEE ANN DECKER
FOR HER EXCELLENT SERVICE ON THE
INTERNATIONAL FRIENDSHIP COMMISSION
WHEREAS, Lee Ann Decker was appointed to the International Friendship
Commission on February 2, 1988 and served as Chairperson of the Commission during
fiscal year 1989/90; and
WHEREAS, Ms. Decker was very dedicated to the Commission and hosted
numerous pool parties at her home for visiting students and represented the City in a
"home stay" program in Odawara; and
WHEREAS, the work of the International Friendship Commission has resulted in
strengthening the ties with our neighbors through our Sister Cities of General Roca,
Irapuato and Odawara.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its appreciation to Lee Ann Decker for her years of excellent
service to the International Friendship Commission.
4b ..~
RESOLUTION
COMMENDING ANNE FABRICK
FOR HER EXCELLENT SERVICE ON THE
SENIOR DISABLED TRANSPORTATION COMMITTEE
WHEREAS, Anne Fabrick was appointed to the Senior Disabled Transportation
Committee (formerly the Chula Vista Elderly and Handicapped Transportation Advisory
Committee) on July 10, 1979; and
WHEREAS, Anne has always been active in our community having served on the
San Diego County Area Agency on Aging, United Way, the San Diego Social Service
Coordinating Council, the City's Human Relations Commission and as a current member
of the Commission on Aging; and
WHEREAS, Ms. Fabrick has shown a keen interest in the welfare of our senior
citizens through her column in the The Star-News South Bay Senior.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its gratitude for the dedicated services performed by Anne
Fabrick as a member of the Senior Disabled Transportation Committee.
ttb-b
RESOLUTION
COMMENDING LINDA GILSTRAP
FOR HER EXCELLENT SERVICE ON THE
COMMISSION ON AGING
WHEREAS, Unda Gilstrap was appointed to the Commission on Aging on
September 1, 1987; and
WHEREAS, Unda served as Chairperson from 1990 until her resignation in March
of 1993 thereby utilizing her talented organizational skills, expertise with the media and
exceptional rapport with people; and
WHEREAS, Ms. Gilstrap brought to the Commission her degree from U.S.I.U. as
well as her interest in the elderly and their health care needs having worked as Director
of Health Information Center for Scripps Memorial Hospital.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Unda Gilstrap for her dedicated and conscientious service
on the Commission on Aging. .
46 -1
RESOLUTION
COMMENDING GARY HARPER
FOR HIS EXCELLENT SERVICE ON THE
TOWN CENTRE PROJECT AREA COMMITTEE
WHEREAS, with a background as a real estate broker and his family's music
business having operated on Third Avenue for many years, Gary was a real asset to the
Committee in providing insight into market conditions for the Town Centre area; and
WHEREAS, Gary's tenure on the Committee was marked by a deep concern for
the Downtown area and the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby recognize the outstanding service rendered by Gary Harper as a
member of the Town Centre Project Area Committee.
4b-f
RESOLUTION
COMMENDING NANCY HITCHCOCK
FOR HER EXCELLENT SERVICE ON THE
SENIOR DISABLED TRANSPORTATION COMMITTEE
WHEREAS, Nancy Hitchcock was appointed to the Senior Disabled Transportation
Committee on October 15, 1986; and
WHEREAS, Nancy brought to the Committee her Nursing Degree from Winona
State College which enabled her to assist in her primary interest in senior affairs; and
WHEREAS, her work as Program Manager of South Bay Adult Day Care Center
provided Nancy the opportunity to work daily with seniors in a program focusing on the
frail elderly and their families, in addition to her regular meetings with the South County
Senior Providers Council, South County Council on Aging and the First District Providers
Council, all dealing with the senior population; and
WHEREAS, these activities gave Nancy further insight into the tasks assigned to
the Senior Disabled Transportation Committee. .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Nancy Hitchcock for her dedicated and conscientious
service on the Senior Disabled Transportation Committee.
4b-CJ
RESOLUTION
COMMENDING WILL T. HYDE
FOR HIS EXCELLENT SERVICE ON THE
TOWN CENTRE PROJECT AREA COMMITTEE
WHEREAS, Will Hyde was appointed to the Town Centre Project Area Committee
on April 15, 1982 and served for a period of ten years; and
WHEREAS, distinguished public service has always been a hallmark of Will Hyde's
life, including his tenure as a teacher, Planning Commissioner, Councilman and Mayor;
and
WHEREAS, Will's keen interest in the successful completion of the Town Centre
Redevelopment Program assisted the Committee in fulfilling its tasks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby offer its heartfelt thanks to Will T. Hyde for his many. years of
conscientious dedication to the Chula Vista community and, in particular, as a member
of the Town Centre Project Area Committee.
LIb -/D
RESOLUTION
COMMENDING LEO KELLY
FOR HIS EXCELLENT SERVICE ON THE
BOARD OF ETHICS
WHEREAS, Leo Kelly was appointed to the Board of Ethics on January 20,1987;
and
WHEREAS, Leo brought to the Commission his 40 years of residency in Chula
Vista, having served on the San Diego County Indigent Defense Advisory Board and on
the Chula Vista Police force from 1950 to 1955; and
WHEREAS, his interest in truth and justice for everyone in order to make Chula
Vista a more desirable place to live by serving his fellow man, made his efforts on the
Board greatly appreciated by the citizens of our community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its gratitude for the dedicated service performed by Leo J.
Kelly on the extremely sensitive Board of Ethics. .
t/-b-I (
RESOLUTION
COMMENDING JAMES "BOBH LIND
FOR HIS EXCELLENT SERVICE ON THE
PARKS AND RECREATION COMMISSION
WHEREAS, Bob Und was appointed to the Parks and Recreation on October 3D,
1989 and served as Chairman during fiscal year 1992/93; and
WHEREAS, Bob brought to the Commission his many years of activity in youth
sports, especially as President of the Chula Vista North Pony League: and
WHEREAS, Bob Und was not only dedicated to the fulfillment of tasks and
charges made to the Parks and Recreation Commission upon which he served, but he
was very innovative and sensitive to the needs of our community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby offer its heartfelt thanks for the steadfast work that James "Bob" Lind
has undertaken on behalf of the people of Chula Vista in his efforts as a member of the
Parks and Recreation Commission. .
tth -12
RESOLUTION
COMMENDING ANNJENNETTE McFARLIN
FOR HER EXCELLENT SERVICE ON THE
MONTGOMERY AREA PLANNING COMMITTEE
WHEREAS, Dr. McFarlin was appointed to the Montgomery Area Planning
Committee on September 27, 1988; and
WHEREAS, Annjennette McFarlin brought her 45 years of residency in the
Montgomery area to the City coupled with her previous service as a member of the
Montgomery Fire District; and
WHEREAS, her Ph.D. from Washington State University and her experience as a
Professor at Grossmont College, aided in effecting a smooth transition of the Montgomery
area into City control.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its gratitude to Dr. Annjennette McFarlin, especiaily for her
perseverance and efforts in bringing to fruition a library in the Montgomery area, and for
her dedicated service on the City's Montgomery Area Planning Committee.
t/h .. /3
RESOLUTION
COMMENDING JOHN NASH
FOR HIS EXCELLENT SERVICE ON THE
BOARD OF APPEALS AND ADVISORS
WHEREAS, John Nash was appointed to the Board of Appeals on January 20,
1987; and
WHEREAS, Mr. Nash brought to the Board his degree from San Diego State
University and his vast experience in drafting and building design in the private sector;
and
WHEREAS, as a past member and Chairman of the Design Review Committee,
John was not only dedicated to the fulfillment of tasks and charges made to the Board
of Appeals and Advisors, but was committed in his desire to assist the City in the review
of construction projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, California does hereby recognize the outstanding service that has been rendered
by John L. Nash as a member of the Board of Appeals and Advisors.
4b ,Ii
RESOLUTION
COMMENDING JOAN NICHOLSON
FOR HER EXCELLENT SERVICE ON THE
SENIOR DISABLED TRANSPORTATION COMMITTEE
WHEREAS, Joan Nicholson was appointed in July 1979 as one of the original
members of the Senior Disabled Transportation Committee (previously the Chula Vista
Elderly & Handicapped Transportation Committee); and
WHEREAS, as a former City employee from October 15, 1962 until July 1, 1983,
Joan was a Recreation Supervisor with the Parks and Recreation Department who
brought her expertise in working with seniors at Norman Park Center to the Committee;
and
WHEREAS, her desire to give time to her community and help improve conditions
for senior and disabled citizens have made a major contribution to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its appreciation to Joan Nicholson for her fine service on the
Senior Disabled Transportation Committee.
41>-- )S~
RESOLUTION
COMMENDING DALE OHLAU
FOR HIS EXCELLENT SERVICE ON THE
TOWN CENTRE PROJECT AREA COMMITTEE
WHEREAS, Dale Ohlau was appointed to the Town Centre Project Area Committee
on October 18, 1983 and was reappointed on June 12, 1990; and
WHEREAS, Dale served on the Parking Place Commission since 1976, which
Commission was the predecessor to the Town Centre Project Area Committee; and
WHEREAS, as a business owner in the Downtown area, Mr. Ohlau had a great
interest in the welfare of the Downtown area and worked enthusiastically for its
improvement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its appreciation for Dale Ohlau's many years of service on the
Town Centre Project Area Committee.
~ b ;' It,
RESOLUTION
COMMENDING CHARLES PETER
FOR HIS EXCELLENT SERVICE ON THE
TOWN CENTRE PROJECT AREA COMMITTEE
WHEREAS, Chuck Peter was appointed to the Town Centre Project Area
Committee on October 18, 1988, and reappointed on July 7, 1988; and
WHEREAS, Mr. Peter managed to provide input from a citizen's point of view as
well as from a business angle in reviewing all matters before the Town Centre Project
Area Committee; and
WHEREAS, Chuck not only served as Chair and Vice Chair of the Town Centre
Project Area Committee, but the community is still benefitting from his dedication in that
he is presently serving on the Economic Development Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby offer its heartfelt thanks for the fine work that Charles Peter has
undertaken on behalf of the people of Chula Vista in his efforts as a member ofthe Town
Centre Project Area Committee.
LIb, /1
RESOLUTION
COMMENDING MABEL RABE
FOR HER EXCELLENT SERVICE ON THE SENIOR
DISABLED TRANSPORTATION COMMITTEE
WHEREAS, Mabel Rabe was appointed to the Senior Disabled Transportation
Committee on July 10, 1979, as one of its initial appointees; and
WHEREAS, Mabel, as a long time resident of Chula Vista for over 50 years, has
been active in the community by serving on the South Bay Opera Guild, South Bay Walk
for Mankind, San Diego Symphony and as Financial Secretary for the Community
Congregational Church; and
WHEREAS, Ms. Rabe so ably assisted the Committee in matters relating to transit
planning, operations, fare policy, service boundaries, patron eligibility criteria and social
service agency coordination.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby express its gratitude for the dedicated services performed "by Mabel
Rabe as a member of the Senior Disabled Transportation Committee.
4b -/g
RESOLUTION
COMMENDING CLIFFORD ROLAND
FOR HIS EXCELLENT SERVICE ON THE
PARKS AND RECREATION COMMISSION
WHEREAS, Cliff Roland was appointed to the Parks and Recreation on July 28,
1986, and reappointed on July 19, 1988; and
WHEREAS, Cliff brought his 40 years as a Journeyman Plumber and 10 years as
a Master Plumber Contractor to the Commission; and
WHEREAS, with his special love for "golf', Cliff has always been interested in the
continued excellence of our Parks and Recreation facilities and program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby recognize the outstanding service that has been rendered by Clifford
Roland as a member of the Parks and Recreation Commission.
~b -/9
RESOLUTION
COMMENDING OSCAR VOGEL
FOR HIS EXCELLENT SERVICE ON THE
CIVIL SERVICE COMMISSION
WHEREAS, Oscar Vogel was appointed to the. Civil Service Commission on
September 7, 1985; and
WHEREAS, during his tenure on the Commission, Oscar was an active member
serving as Chairman during fiscal year 1991/92; and
WHEREAS, Mr. Vogel always protected the rights of employees under the Civil
Service System and assisted the City in an unbiased view of all decisions and grievances
coming before the Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby commend Oscar Vogel for his excellent assistance on the Civil Service
Commission and express its appreciation for his dedicated service.
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November 1 ~93
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Mayor Nader and City Council
276 4th Ave
Chula Vista, CA 91910
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You recently approved the rezoning of the parcel at the corner of 3rd and J St. for the
purpose of permitting the construction of a new Lucky Supermarket. As you probably know
your actions were in opposition to the consensus of the affected residents along Garrett
Ave.
Dear Mr. Mayor and City Council:
We have a quiet neighborhood and the residents consist of long time owners, 30+ years in
most cases. We were vocal at the town meetings, and the planning meeting voicing our
opposition to this zoning change. Each resident voiced their respective oppositions and we
collectively agreed with each other.
Several of the concerns regarding the rezoning were not addressed and/or mitigated by the
applicant.
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. The increased noise.
. The increased traffic.
. The decrease in property values and subsequent monetary loss.
. The loss of enjoyment of our property.
We don't want to file suit to enforce our rights, however if some agreement cannot be
reached it will be our only option.
We request that you contact the applicant on our behalves and arrange a meeting to
mediate these and other infringements.
Please inform us of your intentions within the next 10 days.
Sincerely,
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Mayor Nader and City Council
276 4th Ave
Chula Vista, CA 91910
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November 11, 1993
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Dear Mr. Mayor and City Council:
We request that the time period of thirty days allowed prior to the new zoning and the
amendments to the general plan becoming law be extended. Currently these changes
affecting the parcel at the corner of 3rd and J street will become law 30 days after
November 9. 1993.
We request this extension so that we can meet with the parties involved with the proposed
Lucky store to mediate the issues cited in our letter of 11-10-93.
If you could allow us 90 days to try and resolve these matters we feel that unnecessary
legal expense can be avoided.
Thank you.
Sincerely,
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Dear Mr. Mayor and City Council members:
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11-.;1/-93
We request that you make a motion to rescind the councils actions approving the General Plan and
Zoning changes for the property located at 3rd and J St.
We believe that the Council has set precedent when refusing to open Gotham Ave. to through
traffic; "I will not destroy a way oflife" (Councilman Bob Fox). And that is exactly what the
zoning change will do to our neighborhood.
On October 11,1993 the Resource Conservation Commission met and the negative declaration on
the proposed Lucky Store failed to pass, "Myers stated she needed further information regarding
the impact and more time to review the document", "Guerreiro opposed the larger store in an
already dense area and taking adjacent playground space" The motion FAILED Only after being
given Incorrect information about Lucky losing their lease and moving from the area did Myers
withdraw her vote" if it meant that the store would have to move entirely out of the area"
This condition is not met as Mr. Gardener stated that Lucky is an excellent tenant and he wanted a
grocery store in that location. The negative declaration DID NOT PASS and we request a new
hearing and vote by the city council based on this new information.
Sin~erely, .... i'~.
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FAMILY STRESS CENTeR
Child Abuse Prevention and Treatment an
571 Third Avenue. Chula Vista, CA 91910. (619) 691~
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Re: Request for $500 for holiday gifts for abused 6hf1dr~
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The Honorable Tim Nader
Mayor, City of Chula Vista
276 Fourth street
Chula Vista, CA 91910
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Dear Mayor Nader:
Family stress Center is planning a party for children who
participate in our English and Spanish Daughters/Sons United
(DSU) programs. These children, ranging in age from seven to
seventeen, are healing from the effects of sexual abuse.
This is the first year we will attempt to provide gifts for each
of the children. In the past, general holiday contributions
have ranged from $100 to $1500. If the Chula Vista City Council
could make a similar donation it would greatly help our
efforts. For instance, a donation of $500 would purchase gifts
for about half of the nearly one hundred children participating
in treatment groups. A donation of any amount would be greatly
appreciated.
DSU is a national program that provides services
who have been abused either by a member of their
someone closely associated with the family. The
treated in groups according to their ages and meet
of ten week cycles. Groups are facilitated
therapists and closely supervised intern therapists.
for children
family or by
children are
for a series
by licensed
The holiday celebration will be supported by volunteers from the
Parents United programs at Family Stress Center and will include
dinner for the children, specially prepared by the parents. If
we are successful in our solicitations, gifts will be given to
each of the children by our very own "Santa".
If appropriate, I would be pleased to address the Council about
the Daughters/Sons United programs and the way these programs
help our children, as well as more about our party plans.
Thank you for your time and consideration of this request, and
MERRY CHRI STMAS !
~:~~8d~ WIUfTEt. CO ~~~~~Oj~
DSU Coordinator, South Bay Chapter (English) Lf: ,,' ~ ~~
cc: Gail N. Edwards, Ph.D., Director, Family Stress cent;;/~~
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A project of the YMCA of San Diego County funded by government contracts including. ~~?<.!~
tho Co'"'y or So, Dlo.o ood th' CIty 5b~o ;'''.. ro"d.i1oo ."or.. ro... .n~::'~~_:~~~~ "U ~
DATE: November 11. 1993
TO: Beverly Authelet. City Clerk
FROM: Cathy Miller, Youth Commission Secretary
SUBJECT: COMMISSIONER RESIGNATION
This is to inform your office that Commissioners Julia Wubenhorst
and Allyson Borders has exceeded the three consecutive absences
from the scheduled monthy Youth Commission meetin~s.
Several attempts have been made by phone and mail in contactin~
these members. but have been unsuccessful.
As a result. the Commission would like to have this vacancy
opened for possible recruitment, and hopefully refilled by the
January 1994 meetin~.
cc: City Mana~er
City Attorney
John Gates
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November 11, 1993
Julia Wubenhorst
518 Elm Avenue
Chula Vista, CA 91910
Dear Julia:
The City Council has required that members should attend 75% of
the meetin~s durin~ one fiscal year. Your absence from the
November 08, 1993 meetin~ has resulted in havin~ your seat
vacated.
If you wish to discuss this further or if you have any questions,
please call me at 691-5133.
Sincerely,
~~~
Cathy Miller
Youth Commission Secretary
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CllY OF
CHULA VISTA
PARKS AND RECREATION DEPARTMENT
October 21, 1993
Julia Wubenhorst
518 Elm Avenue
Chula Vista, CA 91910
O'ear Jul ia :
In checking with my attendance records, I noticed that you have
two unexcused absences.
An excused absence from any meeting must be called in to Agent
Ron Lederle, 691-5203 or myself at 691-5133, at least 24 hours
before the scheduled meeting. Please read over the September 13,
1993 minutes starting on page 5 for clarification.
The City Council has required that members should attend 75% of
the meetings during one fiscal year. You are near the 25% mark.
One more unexcused absence could result in having your seat
vacated.
If you have any questions, please call either myself or Ron
Lederle at the above mentioned phone numbers.
Thank you.
sincerely,
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Cathy Miller
Youth Commission secretary
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 919101(619) 691-5071
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November 11, 1993
Allyson Borders
987 Fourth Avenue, Apt. B
Chula Vista, CA 91911
Dear Allyson:
The City Council has required that members should attend 75% of
the meetin~s durin~ one fiscal year. Your absence from the
November 08, 1993 meetin~ has resulted in havin~ your seat
vacated.
If you wish to discuss this further or if you have any questions,
please call me at 691-5133.
Sincerely,
~~
Cathy Miller
Youth Commission Secretary
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CllY OF
CHUlA VISTA
PARKS AND RECREATION DEPARTMENT
October 21, 1993
Allyson Borders
987 Fourth Avenue, Apt. B
Chula Vista, CA 91911
Dear Allyson:
In checkinq with my attendance records, I noticed that you have
two unexcused absences.
An excused absence from any meetinq must be called in to Aqent
Ron Lederle, 691-5203 or myself at 691-5133, at least 24 hours
before the scheduled meetinq. Please read over the September 13,
1993 minutes startinq on paqe 5 for clarification.
The City Council has required that members should attend 75% of
the meetinqs durinq one fiscal year. You are near the 25% mark.
One more unexcused absence could result in havinq your seat
vacated.
If you have any questions, please call either myself or Ron
Lederle at the above mentioned phone numbers.
Allyson, I tried callinq you for the last meetinq but your phone
number had chanqed without a new phone listinq. Please let me
know what the new number is and if you have moved.
Thank you.
Sincerely,
~~~
Cathy Miller
Youth Commission Secretary
5' C-. -fp
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5071
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~~- COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item t/ C?
Meeting Date~ I \ 17-~/CJ3
Public Hearing: Consideration of amendments to Telegraph Canyon
Estates Sectional Planning Area Plan (PCM-91-07) and Tentative
Subdivision Map (PCS-93-03) to close one or both public streets -
Gotham Street and Creekwood Way - which provide secondary access
to the project; City initiated
Resolution /7 J 10 Amending the Telegraph Canyon Estates
Sectional Planning Area Plan (PCM-91-7) and Tentative Subdivision
Map (PCS-93-3) by closing Gotham Street to through traffic and
providing for emergency and p~destrian access
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SUBMITTED BY: Director of Planning ~~: /ui /
Director of Public Work Ifr'
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REVIEWED BY: City Manager~ \l'b ~\ (4/Sths Vote: Yes_No..XJ
On October 19, 1993, the City Council directed staff to set a public hearing to consider closing
Gotham Street and/or Creekwood Way which provide secondary access to the Telegraph
Canyon Estates Subdivision. This direction came as a result of concerns on the part of
residents that extending Gotham Street to serve Telegraph Canyon Estates would increase
traffic and safety hazards in their neighborhood.
Although the tentative map for Telegraph Canyon Estates was approved last January, the
Baldwin Company has stated they will cooperate and finance any reasonable street
modifications deemed appropriate by Council provided costs and disruptions to the balance of
their project are minimized.
An addendum has been prepared to the Environmental Impact Report on the project, EIR-91-
05, which shows that there are no potentially significant environmental impacts associated with
the street modifications under consideration.
RECOMMENDATION: I) The staff recommendation is to not modify the subdivision
conditions and leave both Gotham Street and Creekwood Way open, or
alternatively;
2) Choose whether or not to modify one or both street connections. Attached
is a resolution for Council adoption if the decision is made to close only Gotham Street to all
but emergency and pedestrian access. If any other modification is made, staff should be
directed to return with the appropriate implementing resolution for adoption at a later meeting.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
--I/2~? ...-
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Page 2, Item
Meeting Date 11
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DISCUSSION:
The Telegraph Canyon Estates Project consists of 344 single family lots on approximately 100
acres located on the north side of Otay Lakes Road, east of Southwestern College Estates and
Otay Lakes Lodge mobile home park, and south of Eastlake Shores. Primary access is via a
signalized intersection at Otay Lakes Road. Two secondary access points are provided by
Gotham Street from Southwestern College Estates to the west, and Creekwood Way from
Eastlake Shores to the north. The first phase final maps for the project have been approved,
grading is underway, and building permits have been issued for the first phase model complex.
The attached report and accompanying memo from the City Traffic Engineer that were
considered at the public hearings on the Telegraph Canyon Estates tentative map list the
following reasons staff believes it is desirable to extend both Gotham Street and Creekwood
Way:
1. Gotham Street is designed as a Class III Residential Collector (40 feet curb to curb as
opposed to 36 feet for other residential streets) designed to accommodate 5,000 average
daily trips (ADT) with single family homes fronting the street and driveway access to
those homes. The Gotham Street design is the same width as our class III collectors
in the older part of the City such as 1st and 2nd Avenues and G, I and K Streets. The
average daily trips on Gotham Street are as follows:
East of Rutgers Avenue; 2,090
East of Stanford Avenue; 850
West of Lehigh Avenue; 370
2. Creekwood Way is also designed as a Class III Residential Collector. Creekwood Way
is a short street connecting with Lakeshore Drive in Eastlake and provides direct access
for only four homes. No traffic counts were taken on this street, however, the ADT is
estimated to be less than 300 vehicles per day.
3. The traffic study for Telegraph Canyon Estates estimates approximately 350 additional
vehicles will use Creekwood Way and another 350 will use Gotham Street. Therefore
traffic volumes on Gotham Street will increase to 720 west of Lehigh to a maximum
of 2,440 east of Rutgers Avenue and on Creekwood Way to 650. These volumes are
both within the City design standard Level of Service "C" volumes for residential
collector streets.
4. Because of staffs concerns during the early project approval process, the streets within
Telegraph Canyon Estates were required to be redesigned to make the use of their
streets undesirable as a shortcut. This redesign also serves to reduce the use of Gotham
and Creekwood.
5. When the Southwestern College Estates and Eastlake Shores subdivisions were laid out,
it was planned that Gotham Street and Creekwood Way would be utilized to access the
Telegraph Canyon Estates property and they were designed accordingly with stub-outs
rather than cul-de-sacs.
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6-2-
Page 3, Item
Meeting Date 1
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6. If the access to Gotham Street and Creekwood Way were totally disallowed, emergency
access would be restricted to only one access for both Telegraph Canyon Estates and
the Gotham Street area, thereby reducing secondary fire response times to both of those
neighborhoods. The Eastlake portion has access to both East H Street and to Otay
Lakes Road via Eastlake Parkway, thus the Creekwood Way connection is less
important from this perspective.
7. To cul-de-sac Gotham Street and Creekwood Way would result in the total separation
of the three neighborhoods consisting of Southwestern College Estates, Eastlake Shores
and Telegraph Canyon Estates. To extend these two streets into the project would
provide connections between the three neighborhoods, resulting in an integration rather
than isolation of the three neighborhoods.
8. Should an emergency situation or natural disaster occur which results in the obstruction
of either Gotham Street in Southwestern College Estates or the main spine street in
Telegraph Canyon Estates, access to these neighborhoods would be blocked without at
least one secondary ingress/egress point.
In conclusion, the report states that providing access via Gotham Street and Creekwood Way
is preferred because it will reduce travel time, gas consumption and air pollution, optimize
emergency service response time and does not violate the City's circulation standards for
neighborhood streets.
The report further concludes, however, that from an operational perspective, the traffic volumes
generated by Telegraph Canyon Estates can be adequately accommodated without these links
and, obviously, the same can be said for the Gotham Street area. Should it be determined that
one or both streets should be closed, the report recommends that emergency vehicle access
gates and pedestrian access be provided at both streets. Exhibit B shows an alternative for
providing such access.
As an update to the earlier information, the Police Chief and Acting Fire Chief were
interviewed with respect to the issue of secondary and emergency access. Both stated it is
always preferable to have an interconnection of neighborhoods and at least two open,
unimpeded ways into and out of an area. While "emergency only" access provides an alternate
route in the case of major emergencies, it can increase response times and, according to the
Police Department, reduces the efficiency of protective neighborhood patrols by isolating
neighborhoods since emergency access points will not be used for routine patrol purposes. The
Police Chief further indicated that isolated, single entrance subdivisions discourage routine
patrol of those areas due to the somewhat limited routine patrol time when the police officers
are not responding to calls. Further, without an interconnecting street system, if the beat
officer is in one of the three area subdivisions and receives an emergency call to one of the
other areas, the unit will have to go all the way around via East H Street, Rutgers A venue,
and/or Otay Lakes Road. The layout and relative locations of these developments are shown
on the attached Exhibit A. On the other hand, if the three neighborhoods are interconnected,
the residents could expect to see a slightly increased police presence as patrol units drive
~3
Page 4, Item
Meeting Date 11
~
1\/2-3/"I~
through one neighborhood to the other. The Police Chief indicated that patrol units would not
stop to open a locked gate unless the primary route were completely blocked. In conclusion,
the Police Chief expressed a clear preference for the complete interconnection of the three
areas.
The Acting Fire Chief stated that primary access will be from Telegraph Canyon Road, and
not through Gotham Street. However, they also needed secondary, or alternate, access in the
event the primary route is blocked by a major event. The Fire Department indicated that
emergency access through a locked gate would be acceptable and that this condition is similar
to several private areas in the City. The Fire Chief indicated that the creation of more isolated
neighborhoods over time could have an impact on threshold response times.
On November 2, 1993, the Fire Department ran field tests with an engine company to
determine actual response times to the boundaries of the Telegraph Canyon Estates property
from Station No.4 (Otay Lakes and Elmhurst) and Station NO.6 (Otay Lakes and Fenton).
These tests showed a response time to the project entry on Otay Lakes of one minute/51
seconds from Station No.6, and two minutes/24 seconds from Station NO.4. The response
time from Station No. 4 to the property boundary at the end of Gotham was two minutes/20
seconds. The City Threshold Standard is seven minutes for 85 percent of the cases, measured
annually.
The closing of these streets to only emergency and pedestrian access will also affect delivery
of other services, such as trash pickup, package delivery, and postal delivery. Isolating these
neighborhoods from each other will cause these type of services to be delivered in a much less
efficient manner and at a higher cost due to the backtracking required to access each
neighborhood.
The City was also contacted by representatives of MTDB to express their concerns over the
proposal to eliminate Gotham Street as a through street. They expressed the concern that
completely closing the street makes it more difficult for public transit to serve the area. MTDB
has published a book titled "Designing for Transit". In it, they list "ten ways to design more
transit oriented communities." One of these principles is to interconnect the street system. The
discussion in that section indicates:
The layout of streets in a neighborhood or commercial district can be the single
greatest limiting factor on the provision of good transit service. Once in place, street
layouts are changed only with great difficulty and expense.
ALTERNATIVES:
Since the street connections are preferred but not necessary from a daily traffic operations point
of view, one or both streets could be closed entirely. Basically, the three alternatives available
to the Council are: 1) Keep both streets open and fully operational; 2) Close either or both
streets to routine traffic, but available for emergency access, and; 3) Close either or both streets
to any access. The first alternative, keeping the streets open, is the most preferred by staff for
the reasons indicated above.
-tt
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Page 5, Item /():I..
Meeting Date Wf16/93 , ,(2..~/c,~
/
The second alternative, closing one or both streets to routine traffic, could be accomplished
utilizing construction of a cul-de-sac as shown in Exhibit B. The cul-de-sac is necessary to
allow for street sweepers and other service\delivery vehicles to turn around. The cul-de-sac
is substandard according to City standards, but is recommended because of the limited area
available. While the exhibit illustrates the possibilities at Gotham Street, a similar cul-de-sac
could be constructed on Creekwood Way. Staff also considers pedestrian access at both
locations to be highly desirable. Pedestrian access which discourages motorcycles from using
that access is shown on the exhibit.
The provision of emergency and pedestrian access appeared to be acceptable to the Gotham
area residents provided the manner in which these were accomplished would not later facilitate
opening the street to through traffic. For instance, if the street connection were fully improved
with only a gate across the travelway, it would be a simple matter to just remove the gate in
the future. This was a concern to the residents. The cul-de-sac design also answers that
concern if the street, or streets, are to be closed.
The third alternative of completely closing the street to all traffic is the least preferred by staff.
However, this could be accomplished by constructing cul-de-sacs on the streets within
Telegraph Canyon Estates to allow for turn around of street sweepers and delivery/service
vehicles. If Gotham Street is not connected through, it would be appropriate to rename that
portion of the street within Telegraph Canyon Estates. In that case, the name change would
be incorporated into the final map for that phase of the project.
GRADING CONCERNS
Finally, Mr. Russell Barnhill of 873 Lehigh Avenue expressed a concern with the grading,
drainage and height of the slopes along the westerly boundary of the project as it adjoined his
property. Mr. Barnhill indicated that the Telegraph Canyon Estates grading created a large
slope that drained into his property, would cause a concrete ditch on his property to become
filled with sediment and would damage his fence. Staff has reviewed the situation, including
making site visits to the Barnhill's home, and has slides available for viewing at the Council
meeting.
Prior to the grading work done on Telegraph Canyon Estates, the homes on the east side of
Lehigh Avenue backed up to this undeveloped area. The Telegraph Canyon Estates property
generally was higher than the adjacent lots on Lehigh Avenue and drainage was toward the
College Estates subdivision. Most of the homes on Lehigh Avenue had a manufactured 2: 1
slope in their backyard and a concrete ditch to receive the water from the property to the east.
The area of the Telegraph Canyon Estates property that drained toward Lehigh Avenue was
8.0 acres and extended to a maximum distance of 300 feet and a minimum distance of 150 feet
east of the property boundary. While several of the lots along Lehigh Avenue had large slopes
in their yard up to more than 15 feet high, the Barnhill property was at a point where they had
no slope in their yard, only the concrete brow ditch.
The grading on Telegraph Canyon Estates has reduced the contributary drainage area by 70%
to 2.3 acres and, in some cases, reduced the height of the hill. Baldwin's engineers looked at
~
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Page 6, Item /~
Meeting Date 1 U~ \ 1/2.~/~':,
/'
reducing the height of the fill even more, but because the County Water Authority pipeline ran
through that part of the subdivision, and a minimum amount of cover was required over the
pipe, the elevations of the roads and building pads could not be lowered any further.
However, even though the height of the hill was reduced, the 2: 1 slope has made it appear
quite different. Attached as Exhibit C are cross sections illustrating the changes created at
several of the properties along Lehigh Avenue. Conditions on the subdivision map required
that the slopes be landscaped for erosion protection and appearance. The landscaping proposed
consists of trees and shrubs with a low growing ground cover on the top part of the slope and
a native flowering hydro seed on the bottom portion of the slopes.
The cross section for 873 Lehigh Avenue, the Barnhill property, is the maximum slope which
occurs at the north edge of their property. The slides available at the Council meeting show
that the external slope remains the natural slope to the southerly edge of their property.
Staff also investigated the possibility that a second brow ditch be constructed on the Telegraph
Canyon Estates property to intercept the flow before reaching the property boundary. Due to
the terrain at the property's edge, which goes uphill in both directions from the vicinity of the
Barnhill property, it was not possible to construct another ditch.
In summary, what staff found as a result of our investigation of Mr. Barnhill's complaint is as
follows:
1. The pre-grading condition caused drainage to run onto the Lehigh Avenue properties
through a fence into a concrete brow ditch designed to accept that drainage. The
grading done by Baldwin did not change that pattern.
2. The grading done on the Telegraph Canyon Estates property reduced the amount of
drainage going towards Lehigh Avenue. Constraints caused by the location of the
County Water Authority pipeline kept the height from being reduced even more. Mr.
Barnhill has adequate drainage now and the grading will only make it better.
3. The steeper manufactured slopes will be landscaped to prevent erosion and for
appearance. In the event siltation takes place in the existing brow ditches before the
landscaping becomes established, staff would require the developer to clean it up.
4. Terrain conditions are such that a secondary ditch on the Baldwin property is not
feasible.
FISCAL IM:P ACT: The Baldwin Company has agreed to finance and install any reasonable
combination of street modifications deemed appropriate by Council and as depicted in the
attached Exhibits.
WPC F :\home\engineerlagenda\gotham. tee
~
(, ~ G:,
RESOLUTION NO.
17310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE TELEGRAPH CANYON
ESTATES SECTIONAL PLANNING AREA PLAN (PCM-91-
7) AND TENTATIVE SUBDIVISION MAP (PCS-93-3) BY
CLOSING GOTHAM STREET TO THROUGH TRAFFIC ANB
rROVIDINC Fon INCLUDING EMERGENCY AND
PEDESTRIAN ACCESS
WHEREAS, the sectional Planning Area Plan (PCM-91-7) for
Telegraph Canyon Estates ("TCE") was approved on August 25, 1992
by Resolution No. 16767 and the Tentative Subdivision Map (PCS-93-3
for TCE was approved on January 19, 1993 by Resolution No. 16960
("Map Resolution"); and,
WHEREAS, said sectional Planning Area Plan and Tentative
Subdivision Map show Gotham Street extended into the project to
connect with the public streets of Telegraph Canyon Estates; and,
WHEREAS, on October 19, 1993, in response to the concerns of
residents of the Gotham Street area with increased traffic and
safety hazards, the City Council directed staff to set a public
hearing to consider closing Gotham Street and/or Creekwood Way (a
second public street extension into the project) to all through
traffic or limiting access to only emergency vehicles and
pedestrians; and,
WHEREAS, the Baldwin Company, developers of Telegraph Canyon
Estates, agreed to finance the modifications to Gotham Street
within the area of their subdivision. as shown in Exhibit "A,,1 in
the manner herewith approved by the Council; and,
WHEREAS, the City Clerk set the time and place for a hearing
on said amendments 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
and beyond 1,000 feet of the exterior boundaries of the property at
least 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., November 16, 1993 in the Council
Chambers, 276 Fourth Avenue, or as soon thereafter as the matter
may be heard on the Council agenda, and said hearing was thereafter
closed, and
WHEREAS, an Addendum to the Environmental Impact Report on the
project EIR-91-05 ("Addendum"), was prepared which shows that the
closing of the streets would not represent a potentially
significant environmental impact, and said Addendum was reviewed
1To be provided by Engineering on 11/23/93
e:\ceqa\tce.wp
November 18, 1993
b,-7
Reso Closing Gotham
Page 1
and considered by the City Council prior to a decision on the
amendments; and,
WHEREAS. at the meetinq of November 16. the Council approved
the closure of Gotham Street in a permanent fashion so as to
preclude both vehicular and emergency access. and directed staff to
return with the necessary implementing resolution.
NOW, THEREFORE the City Counci I hereby finds, determines,
order and resolves as follows:
section 1. Program EIR Reviewed and Considered.
The EIR 91-05, as defined in the Map Resolution, has been
reviewed and considered by the City Council of the City of Chula
vista.
section 2. Program EIR Adequate for change in Project.
The City Council finds that EIR 91-05, as originally
certified, is adequate to permit the environmental review of the
project as modified in the manner set forth in the Addendum.
section 3. Re-Certification.
The Final Environmental Impact Report is hereby certified by
the City Council to have been completed in compliance with the
California Environmental Quality Act and all applicable guidelines
section 4. Consistency with General Plan and Growth
Management Ordinance.
The Project, as modified by the closure of said street, is not
inconsistent with the City's General Plan Circulation Element and
will comply with the City's threshold standards for traffic and
emergency service response.
section 5. Modification of SPA and Tentative Map.
The City Council does hereby amend the sectional Planning Area
Plan and Tentative Subdivision Map for Telegraph Canyon Estates to
show Gotham Street as closed to all through traffic except emer
gency and pedeotrian acceoo in accordance with the design attached
hereto as Exhibit B attached hereto.
section 6. CEQA Findings
The City Council hereby re-approve, accept as its own, and re-
incorporate as if set forth in full herein, and make each and every
one of the CEQA Findings set forth in section IX of the Map Resolu-
e:\ceqa\tce.wp
November 18, 1993
I.c;,~
Reso closing Gotham
Page 2
tion and attached as Exhibit A to said Map Resolution, readopts the
Mitigation and Monitoring Program in said Map Resolution, and reis-
sues the statement of Overriding Considerations for the Project as
reflected in Map Resolution.
Presented by
Robert A. Leiter
Director of Planning
e:\ceqa\tce.wp
e:\ceqa\tce.wp
November 17, 1993
~-9
Reso Closing Gotham
Page 3
Revised Reso for Council Meeting, November 23, 1993
Marked for changes from draft reso in council Package
Agenda Item No. 6
RESOLUTION NO. 17310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE TELEGRAPH CANYON
ESTATES SECTIONAL PLANNING AREA PLAN (PCM-91-
7) AND TENTATIVE SUBDIVISION MAP (PCS-93-3) BY
CLOSING GOTHAM STREET TO THROUGH TRAFFIC
INCLUDING EMERGENCY AND PEDESTRIAN ACCESS.
WHEREAS, the sectional Planning Area Plan (PCM-91-7) for
Telegraph Canyon Estates ("TCE") was approved on August 25, 1992
by Resolution No. 16767 and the Tentative Subdivision Map (PCS-93-3
for TCE was approved on January 19, 1993 by Resolution No. 16960
("Map Resolution"); and,
WHEREAS, said sectional Planning Area Plan and Tentati ve
Subdivision Map show Gotham Street extended into the project to
connect with the public streets of Telegraph Canyon Estates; and,
WHEREAS, on October 19, 1993, in response to the concerns of
residents of the Gotham Street area with increased traffic and
safety hazards, the City Council directed staff to set a public
hearing to consider closing Gotham Street and/or Creekwood Way (a
second public street extension into the project) to all through
traffic or limiting access to only emergency vehicles and
pedestrians; and,
WHEREAS, the Baldwin Company, developers of Telegraph Canyon
Estates, agreed to finance the modifications to Gotham Street
within the area of their sUbdivision, as shown in Exhibit "A" in
the manner herewith approved by the Council; and,
WHEREAS, the city Clerk set the time and place for a hearing
on said amendments 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
and beyond 1,000 feet of the exterior boundaries of the property at
least 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., November 16, 1993 in the Council
Chambers, 276 Fourth Avenue, or as soon thereafter as the matter
may be heard on the Council agenda, and said hearing was thereafter
closed, and
WHEREAS, an Addendum to the Environmental Impact Report on the
project EIR-91-05 ("Addendum"), was prepared which shows that the
closing of the streets would not represent a potentially
significant environmental impact, and said Addendum was reviewed
e:\ceqa\tce.wp
November 21, 1993
6-/0 I~-://
Reso Closing Gotham
Page 1
and considered by the City Council prior to a decision on the
amendments; and,
WHEREAS, at the meeting of November 16, the Council approved
the closure of Gotham Street in a permanent fashion so as to
preclude both vehicular. pedestrian and emergency access, and
directed staff to return with the necessary implementing
resolution,
NOW, THEREFORE the City Council hereby finds, determines,
order and resolves as follows:
section 1. Program EIR Reviewed and Considered.
The EIR 91-05, as defined in the Map Resolution, has been
reviewed and considered by the City Council of the City of Chula
vista.
section 2. Program EIR Adequate for Change in Project.
The city Council finds that EIR 91-05, as originally
certified, is adequate to permit the environmental review of the
project as modified in the manner set forth in the Addendum.
section 3. Re-certification.
The Final Environmental Impact Report is hereby certified by
the City Council to have been completed in compliance with the
California Environmental Quality Act and all applicable guidelines
Section 4. Consistency with General Plan and Growth
Management Ordinance.
The Project, as modified by the closure of said street, is not
inconsistent with the City's General Plan Circulation Element and
will comply with the city's threshold standards for traffic and
emergency service response.
section 5. Modification of SPA and Tentative Map.
The city Council does hereby amend the sectional Planning Area
Plan and Tentative Subdivision Map for Telegraph Canyon Estates to
show Gotham Street as closed to all through traffic cxccpt~ emer-
gency and pedestrian access in accordance with the design attached
hereto as Exhibit A.
section 6. CEQA Findings
The City Council hereby re-approve, accept as its own, and re-
incorporate as if set forth in full herein, and make each and every
one of the CEQA Findings set forth in section IX of the Map Resolu-
tion and attached as Exhibit A to said Map Resolution, readopts the
e:\ceqa\tce.wp
November 21, 1993
-2- ~ ,.-JL~
Reso closing Gotham
Page 2
Mitigation and Monitoring Program in said Map Resolution, and reis-
sues the statement of Overriding Considerations for the Project as
reflected in Map Resolution.
Presented by
Robert A. Leiter
Director of Planning
e:\ceqa\tce.wp
e:\ceqa\tce.wp
November 21, 1993
tJ=dk 0
Bruce M. Boog
city Attorney
-3-
~~!J
Reso Closing Gotham
Page 3
I
I
DRAWN BY
J.P.
DATE:
10/28/93
EXHIBIT:A
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.1_ _ ~UNE'_ _ _ _ _ _ 1
1
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6--P.C.C. BERM.
SIDEWAlZ
CURB,GUITER.
I
GOTHAM
2'1::1 -t:- I
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CURB cl aUJTER I
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RIW UNE I
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PROPOSED FENCE OR
BLOCK WELL.
GOTHAM STRlEEl'. AT CONNECl'lON TO
TELEGRAPH CANYON ESTATES. ~ ~) I
COUNCIL AGENDA STATEMENT
ItemL
Meeting Date 11/23/93
SUBMITTED BY:
Resolution \"\ ~ \ '3 Accepting a Small Business Tree Planting
Program Grant; Appropriating grant funds in the amount of $74,368 to PR-189
(Tree Planting Grant); Reappropriating funds to meet the grant local match
requirements for the Tree Planting Program; and authorizing the City Manager,
or his designee, to sign a Contract between the City of Chula Vista and the
California Department of Forestry and Fire Protection
Director of Parks and Recreatio~
"
City Manager J4 ~~J (4/5ths Vote: Yes X No ~
ITEM TITLE:
REVIEWED BY:
The Parks and Recreation Department applied for a tree grant from the Small Business Tree Planting
Program last February, 1993. The grant application included utilizing existing programs from the
Building and Housing Department's Community Appearance Program (CAP), the Department's approved
CIP program, and the Department's Open Space and Parks Division to facilitate the implementation of
the grant. The Parks and Recreation Department was notified by the California Department of Forestry
and Fire Protection that the City's grant request for $74,368 was approved and accepted for funding by
the Small Business Tree Planting Program.
RECOMMENDATION: That the City Council:
1. Accept the tree grant; and,
2. Appropriate grant funds in the amount of $74,368 to PR-189 (Tree Planting Grant);
3. Reappropriate funds to meet the local match required; and,
4. Authorize the City Manager, or his designee, to sign the Contract, and any subsequent
amendments, between the City of Chula Vista and the California Department of Forestry
and Fire Protection.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Small Business Administration (SBA) Tree Planting Program for 1993 provides
grants to States for the purpose of stimulating small businesses and providing job opportunities locally.
The Parks and Recreation Department submitted an application for $74,368, to be included with
California's Master Grant to the Small Business Administration (SBA). The grant will enable the City
to continue the tradition of Tree City USA by providing a greener, healthier, visually pleasing
environment throughout the City.
[lreeplml]
l-I
Page 2, Item "/
Meeting Date 11/23/93
The Tree Planting Program, proposed by the City, focused on three major areas; open space, parks and
the Community Appearance Program. The Open Space planting program provides a palette of native,
drought resistant trees (248 in number) to enhance Open Space Maintenance Districts #'s 1, 2, 3, 4, 8,
9, 10, 14, 15, 18, 20; and the EastLake Maintenance District. The Community Appearance Program
(CAP) trees (160 in number) will enhance the City's program to improve selected neighborhoods by
improving the quality of life, remove blighting influences and beautify these neighborhoods. The Parks
Division will have 280 trees planted throughout Bonita Long Canyon, Discovery Park, Eucalyptus Park,
Halecrest Park and McCandliss Memorial, Paseo del Rey Park and Rohr Park. The program funds will
be used to replace aging trees in the park and open space system; plant appropriate tree types in terrain
where other trees have displayed slow growth or poor success rates, and add trees to park areas devoid
of any tree coverings. The Department has received notification that our proposal has been accepted and
we have been awarded $74,368 to carry out our proposal.
The grant requires that the City provide a 37% ($32,556) match. The match includes in-kind
contributions of staff time for planting, supervising and maintaining the tree planting project ($17,683),
and a required administrative fee of 20% ($14,873) to California Department of Forestry (CDF) to
administer the program. Normally, the Department would bring a grant of this type to the Council prior
to application submittal. Due to the immediacy of this grant's application deadline, however, the
Department did not want to run the risk of losing the opportunity, and submitted the application prior to
Council's review. The application submittal does not in any way obligate the City to meet the terms or
conditions of the grant nor to match funds.
AU2mentation of Trees throu2h Donation
In addition to the trees that have been identified for acquisition and installation from the funding of the
Tree Grant, additional trees will be donated by Mr. Frank Ferreira from his tree farm. Currently, Mr.
Ferreira is moving the trees from his property to a parcel at the northwest corner of 1-805 and "H" Street,
and developing a new tree farm. The Department views Mr. Ferreira's future donation as a way of
augmenting the trees that could be purchased through this grant. The Department has conducted an
inventory of Mr. Ferreira's tree types, and quantities of trees that will be made available to the City; and
potential sites to locate these trees.
However, based on the City's planting palette, tree health, site specific conditions, and container size of
the tree type, not all of these trees are appropriate for park and open space use. An example of the
different trees needed is noted below:
Discovery Park: Due to the poor soils and the lack of adequate drainage, the trees in this park
must endure a saturated condition. The California Sycamore and the Fremont Cottonwood are
two types of trees that will perform well at this park. These particular trees are not available in
Mr. Ferreira's inventory.
Halecrest ParklMcCandliss Memorial Nature Trail: This project is located in a California
native plant community. This requires planting Coast Live Oak which is indigenous to coastal
[treepJan]
1~2
Page 3, Item -1
Meeting Date 11/23/93
sage scrub plant communities. This tree type will maintain an appropriate relationship to this
sensitive environment.
Based on the abovementioned examples, the Tree Grant will provide the funding to augment the
appropriate tree types needed for certain other park and open space areas.
FISCAL IMPACT: This action would authorize the reappropriation of$8,671 from PR-168 - Memorial
Park, Phase II; and $3,673 from the Open Space Maintenance District's operating budgets, available from
savings realized when landscape maintenance contracts were negotiated for FY 93/94. In addition,
$2,439 is available from the Community Development Block Grant funded Community Appearance
Program.
The cash administrative fee, has been pro-rated among the three sources based on the number of tree units
within each program for which grant funds were requested. The required cash match is a part of the
City's contractual obligation to provide 37% of in-kind services over the next three years.
Prorata Share % Amount Funding Source
Parks 14,873 x 58.3 = $8,671 PR-168 PAD Funds
Open Space 14,873 x 25.3 = 3,673 Open Space Budget
CAP 14,873 x 16.4 = 2.439 649-6492-BG-100
$14,873
Attachment:
Contract NOT SCANNED
[treeplan]
t-3/1-lf
RESOLUTION NO. \l~\3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING GRANT; APPROPRIATING
$74,368 FROM 619-6190-PR-189; AND REAPPRO-
PRIATING $8,671 FROM 600-6004-PR-168 TO 600-
6004-PR-189, AND $2,439 FROM 649-6490-BG-100
TO 649-6490-PR-189, AND VARIOUS FUNDS FROM
OPEN SPACE ACCOUNTS; TO MEET THE LOCAL MATCH
FOR THE SMALL BUSINESS TREE PLANTING PROGRAM
WHEREAS, the Parks and Recreation Department was notified
by the California Department of Forestry and Fire Protection that
the City's grant request for $74,368 was approved and accepted for
funding by the Small Business Tree Planting Program (the "Grant");
and
WHEREAS, the City'S Grant application includes the
Building and Housing Department's Community Appearance Program
(CAP) and the Open Space and Parks Division; and
WHEREAS, this program will allow a tree placement project
at Eucalyptus Park, supply trees for the McCandliss Memorial at
Halecrest Park, for the eastern area of Rohr Park and for other
park areas; and
WHEREAS, the program also requires a 37% match of Grant
amount and requires grantees to pay a cash administrative fee of
20% or $14,873 to California Department of Forestry to administer
the program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista, State of California, in regular session
assembled on the 23rd day of November, 1993, does hereby accept
the Grant and agrees to meet the local match for the Small Business
Tree Planting Program and authorize the City Manager, or his
designee, to execute contract number #8CA38312, and related
documents, between the City of Chula vista and the California
Department of Forestry and Fire Protection.
BE IT FURTHER RESOLVED that the sum of $14,873 is hereby
authorized to be reappropriated as set forth in Exhibit A attached
hereto and incorporated herein by reference as if et forth in
full.
Jess Valenzuela, Director of
Parks and Recreation
Presented by
[C:\rs\treeplan]
t..5"
EXHIBIT A
LIST OF FUNDS REAPPROPRIATED FOR THE
SMALL BUSINESS ADMINISTRATION TREE
PLANTING PROGRAM GRANT
Amount From To
$74,368 619-6190-Tree 619-6190-PR-189
Planting Fund
$8,671 600-6004-PR-168 600-6004-PR-189
$2,439 649-6492-BG-100 649-6492-PR-189
$235 551-5510-5298 551-5510-PR-189
$115 552-5520-5298 552-5520-PR-189
$235 553-5530-5298 553-5530-PR-189
$173 554-5540-5351 554-5540-PR-189
$60 558-5580-5298 558-5580-PR-189
$600 559-5590-5298 559-5590-PR-189
$235 560-5600-5298 560-5600-PR-189
$235 561-5610-5298 561-5610-PR-189
$720 564-5640-5298 564-5640-PR-189
$115 565-5650-5298 565-5650-PR-189
$235 568-5680-5298 568-5680-PR-189
$600 570-5700-5298 570-5700-PR-189
$115 585-5850-5298 585-5850-PR-189
[c: \rs\treeplan]
l-~
NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM
1993 LOCAL APPLICATION
Name of State:
California
Local Government (or Legal Non-Profit Entity.)
City of Chula Vista Contact Person
Name:
Jess Valenzuela
Jerry Fonr.F'rrada
lltle: Director of Parks and Recreation Deouty Director/Parks
Address:
P. O. Box 1087
Chula Vista, CA 9192
P. O. Box 1087
Chula Vista. CA 91912
Phone:
(619) 691-5071
(619) 691-5071
Trees will be planted on non-federal land owned or controlled by:
City of Chula Vista
Population: 143.000
A.
B.
C.
D.
E.
Amount of Grant requested
Local Match: In-kind (personnel)
Local Match: Cash (payments to contractors)
-Iotal Local Match for this project:
;otal project cost:
[B & C must equal D. A & 0 must equal E.)
$ 74.368
$ 17.683
$14.873
$ 32,556
$106.924
Anticipated number of small businesses to be contracted with for this proposal:
2 Planting
2 Tree Purchases (if different from those planting)
Other (Maintenance, etc. If different from planting or purchasing)
4 Total
Number of trees to be planted for this project: 688
688 Street/Park Trees
Rural Seedlings 02" tall)
....\), -3 yrs" old) ~: -'"
, ~. ... .:. '. .1
Number of trees that would be planted on this project if D.Q SBA money is receiv~d: 200
Project Objective: See narrative
i"'c
BUDGET INFORMATION
IIlDGET CATEGORIES
Grant Program, Function or Activity
~ject Class (2) lon-Federal- (3) In-I:ind (5) Total
Categories
.. Personnel 12,906 12,906
~ b. Fringe 4,777 4,777
Benefits
c. Travel
d.
e.
f. 74,368
g. Construction
h. Other(itemize 14,873 14,873
below)
i. Total Direct
Charges
(sun of a-h)
j. Indirect
Charges
k. Totats
(sun of i- j) 74,368 14,873 17,683 106,924
1. -This column reflects the requested grant amount and entries should be in the COI..ractural Category (f).
2. .-The COF administrative charge (20%) is shown in Other (h).
~Jg'
APPLICANT CERTIFICATION
In consideration of the United states, the Small Business
Administrations's approval of a grant under Program Announcement
No. PA-91-001-01 to the State of California for the purpose of
contracting with small business to plant trees on state or local
government lands, I Jess Valenzuela , as
designated representative of said applicant, hereby certify to the
following:
1. The applicant's contribution, as detailed in
the proposal (including the amount, type and
sources) will be provided.
2. Non-federal contribution does not include any
value attributable to the land on which the
trees are to be planted.
3. No part of the grant will be used to pay for
land or land charges.
4. All contracts for planting services will be
awarded only to contractors who qualify as
small businesses.
5. All purchased planting stock and supplies will
be purchased from firms that qualify as small
businesses.
City of Chula
AGENCY
276 Fourth Avenue
ADDRESS
Chula Vista, CA 91910
February 8, 1993
DATE
l..q
FOREST IMPROVEMENT PROGRAM
GRANT APPLICATION
1. PROJECT NARRATIVE:
A. PROJECT OBJECTIVE:
Parks & Recreation: To utilize grant monies for the acquisition, installation and
maintenance of trees procured through this program to provide for
environmental benefit, site specific aesthetics and visual enrichment.
Buidling & Housing: A neighborhood by neighborhood program designed to
improve the quality of life, extend the economic life, remove blighting influence
and beautify targeted neighborhhods.
B. LOCATIONS:
The trees are proposed to be planted in the following parks, open space areas and
Community Appearance Program neighborhoods:
.1 RohrPark
.2 Discovery Park
.3 Halecrest Park/McCandliss Nature Trail
.4 Eucalyptus Park
.5 Bonita Long Canyon
.6 Paseo Del Rey Park
.7 Various Open Space Areas - See Graphic Exhibits
.8 Community Appearance Program
Each specific site has a different selection, types, quantities and sizes of trees to be
planted. The specific information is identified on the plans for each plan for the
individual parks and open space areas, with a general statement for each location
in the following text.
.1 Rohr Park:
The area proposed for Rohr Park is the eastern area of the park, where an existing
equestrian ring, bleachers and parking area are located. The site is adjacent to the
flood plain of the Sweetwater River. This area is currently devoid of any trees.
The proposal here calls for installing trees that would be of large scale, canopy type
varities and native riparian type trees.
"l-ID
This is proposed in an effort to provide shaded areas for the parking area,
spectator areas, and to tie into other areas of the park. See plan for specific tree
types, sizes and quantities.
.2 Discovery Park:
This project entails the replacement of ornamental trees that did not survive in the
park due to the soil condition. The site was originally a narrow canyon that
received fill to create a level area. Because of the extensive depth and quantity of
fill material, the lack of organics in the fill soil, the soil amendments used and
methods utilized in the preparation of the soil, tree survival was limited. The
quality of the soil is marginal and the percolation rate is slo,:\". The situation that
has been created is similar to a riparian or wetland condition.
The proposal for this site is to utilize native California Sycamore (Platanus racemosa)
and Fremont Cottonwood (Populus fremontii ) trees. These are a correct selection for
the site and the condition that exists at the site.
.3 Halecrest Park /McCandliss Nature Trail:
The project area for this proposal entails rehabilitating an existing city park and the
adjacent native open space area. The project is a result of designing and installing
a memorial grove for the former mayor of ChuIa Vista, who passed away shortly
after taking office several years ago.
The intent is to construct a trail into the open space and to provide supplemental
plantings of native Coast Live Oak (Quercus agrifolia) in the coastal sage scrub of
the open space and Torrey Pines (Pinus torreyana) in the redesigned park
landscape.
.4 Eucalyptus Park:
This is an existing park that was constructed approximately 35 years ago in the
northwest section of town adjacent to a commercial district. With the maturing
and dE;Cline of short lived plant material, the opportunity to install supplemental
functional/aesthetic tree plantings has presented itself. The specific proposal for
this project would be to focus on specimen and flowering accent trees in high use
and high visibility areas to provide additional enrichment and embellishment for
the park.
.5 Bonita Long Canyon Park:
This project, though recently installed, was under landscaped when initially
constructed. This park is also adjacent to an open space area/utility easement.
The proposal for this project is to select appropriate types of trees to supplement
the existing trees that were installed. The design intent is to provide additional site
deliniation and embellishment through the use of additional tree plantings.
(,,/J
.6 Paseo Del Rey Park:
This park site, being a small three (3) acre park, is another park directly adjacent to
coastal sage scrub open space. Many of the trees that were initially installed have
various aliments and are in less than prime condition.
The proposal is to install supplemental plantings of native Coast Live Oak (Quercus
agrifolia) in the coastal sage scrub area of the open space and in the park along with
Torrey Pines (Pinus to"eyana) to provide for additional large scale shade trees.
.7 Various Open Space Areas:
The open space areas of the dty that have been identified for receiving trees have
various issues relative to the need for additional plantings. Several of the major
issues involve aesthetic embellishment, functional aspects, and slope erosion
control. Please refer to the individual graphics for specific tree types.
.8 Community Appearance Program:
The Building and Housing Department has a program entitled the Community
Appearance Program (CAP) that is coordinated with the Community Development
Department. They typically plant over (100) trees per year in designated
neighborhoods. With the assistance of this program, the intent would be to plant
(160) trees in the designated neighborhoods.
The Community Appearance Program is staffed by Code Enforcement Officers.
These same Code Enforcement Officers process the normal complaints that are
received from citizenson a day-to-day basis. Neighborhoods are selected by these
Code Enforcement Officerswho make contact with residents. Committees are
formed, objectives outlined and with this dtizen involvement, an improvement
program is carried out. Neighborhoods must be in deteriorating condition, contain
lower income residents, and because of remedial work, be assured of a longer
economic life.
C. SITE & PLANT SELECTION:
.1 The process utilized for selecting which sites shall receive trees from the grant
program was based on a dty wide analysis of the park and open space system.
The focus was on identifying the sites that would realize the greatest benefit from
the acquisition and installation of new trees. Staff convened to brainstorm as to
which parks and open space areas had the most immediate need. Also taken into
consideration was the site's existing condition, and what could be done to improve
the situation through the implementation of a tree planting program.
As previously stated in the specific project descriptions, most of the proposed
projects are included due to either:
a). That the park is an older installation and would benefit from replacement
arid supplemental plantings.
(~ /2..
b). That .tree types were initially installed that were incorrect for the specific
site soil and climatic conditions and resulted in lack of growth or plant
failure.
C). The park's surrounding area is undergoing significant urban restoration,
therefore, the installation of trees would assist in the mitigation of adjacent
blighted conditions.
d). The parks are in a highly urbanized area and the planting of trees would
offer visual in a densly populated area.
.2 The specific issues of plant material care and selection, site preparation, plant
installation and the subsequent maintenance for the establishment period is
covered in the Parks & Recreation Department Landscape Manual.
The manual has complete landscape and irrigation specifications that will be
adhered to in the installation and maintenance of the trees. It will also provide
standards and installation procedures for irrigation systems, should supplemental
irrigation be required.
.3 The trees to be procured will come from local nurseries, of which a majority are
members of the California Association of Nurserymen (CAN). The standards that
this association has is equivalent to, or greater than the standards that the
American Association of Nurserymen.
.4 The proposed timing for the installation of the trees would be dUring the Winter
months of 1993/1994. This is the optimal time of the year to install deciduous
trees, native trees and ornamental trees. The dormant period and the winter rains
combine for providing the highest success rate, and for the plant to establish as
quickly as possible, and to make use of natural rainfall.
The Building & Housing CAP planting is anticipated to occur between February I,
1993 and August 31,1994.
.5 Two nurserys and several landscape contractors that are located in this area are
anticipated to be utilized for the acquisition of plants and the installation
throughout the parks and open space areas.
.6 Staffing:
The following members of staff for the Parks & Recreation Department will be
involved in the processing, coordination, implementation and maintenance of the
trees installed under this grant:
· Parks and Recreation Department:
Deputy Director of Parks: The Deputy Director of Parks has been with the
Parks and Recreation Department for over 25 years. He has an broad background
in the operations and maintenance aspects of the department, and would be
. responsible for overseeing the entire operation.
l ,. 13
Landscape Architect: The staff Landscape Architect is a licensed Landscape
Architect in the State of California, with over 15 years of experience in the field.
. He will be involved in the development of the landscape plans, selection of the
trees (both for the design and tagging at the nursery) and the site observation
during the installation.
Open Space Coordinator: The Open Space Coordinator has been with the city
for over 15 years, in both the parks maintenance and open space sections. He will
be in charge of the selection and installation of the trees to be installed in the open
space areas.
· Building &r Housing Department:
Senior Code Enforcement Officer: Code Enforcement Officers contract with the
small businesses located the closest to the Community Appearance Program
neighborhood. Staff responsible for the tree planting will be the same Code
enforcement staff that administers the Community Appearance Program and have
been since 1989.
[.; If
TREES TO BE UTILIZED:
Location
# of Trees
Bonita Long Canyon
30
10
Discovery Park
40
60
Eucalyptus Park
Halecrest Park
40
14
McCandliss Memorial
16
Paseo Del Rey Park
30
Rom Park
15
15
10
Open Space Areas
248 total
Community Appearance Program
160
Size
15 gallon
15 gallon
24" box
15 gallon
24" box
15 gallon
15 gallon
15 gallon
24" box
24" box
24" box
15 gallon
15 gallon
Type
Tristania conferta
Ceres occendentaIis
Brisbane Box
Western Redbud
Platanus racemosa
Populus fremontii
Calif. Sycamore
Cottonwood
Koelreuteria bipinnata Flame Tree
Pinus torreyana
Torrey Pine
Quercus agrifolia
Coast Uve Oak
Platanus racemosa
Calif. Sycamore
Eucalyptus species
Platanus racemosa
Populus fremontii
Eucalyptus
Calif. Sycamore
Cottonwood
Acacia podalyriifolia "standard"
Arbutus unedo "standard"
Erythrina corralioides
Eucalyptus nicholii
Feijoa sellowiana
Geijera parviflora
Heteromeles arbutifolia
Jacaranda acutifolia
Metrosideros excelsus
Myoporum laetum "standard"
Pinus canariensis
Platanus racemosa
Rhus lancea
Quercus agrifolia
Schinus terebinthifoIius
Xylosma congestum "standard"
Various types based on the specific
neighborhood and the street trees that are
to be installed.
Total Trees
688
.--
/,/S
COUNCIL AGENDA STATEMENT
Item ~
Date 11/23/93
ITEM TITLE:
Resolution ) 1 ., \ ~ Appropriating funds, accepting bids and awarding contract
for Lauderbach Park and Paseo Del Rey Park play area renovation in the City
of Chula Vista, rr:{
Director of Public Works;
Director of Parks and Recrea io~
City ManagerJ:\ ~~ (4/Sths Vote Required Yes X No
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on October 6, 1993, in Conference Room 1 in the Public Services Building, the Director
of Public Works received sealed bids for "Lauderbach Park and Paseo Del Rey Park play area renovation
in the City of Chula Vista, CA (PR -146)". The work includes site preparation with selective demolition,
clearing, grubbing, excavation and grading; installation of play structures; importing sand; constructing
various types of curbing; 4" PCC sidewalk; cast-in-place resilient surface; miscellaneous landscape and
irrigation repair; construction surveying; and other miscellaneous work shown on the plans.
RECOMMENDATION: That Council:
1. Appropriate $23,570 from the fund balance of Montgomery/Broadway Equities Permit
Fund (MPR-001) to Play Equipment - Various Locations (PR-146); and
2. Accept bids and award contract to Edward A. Zasueta Contracting Co., in the amount
of $101,861.
BOARDS AND COMMISSION RECOMMENDATION: The Parks and Recreation Commission has
reviewed and supported the FY 1993/94 Capital Improvement Program.
DISCUSSION: The engineer's estimate for this project was $80,000, and the low bid is above this
estimate by $21,861 (+27.3%). This cost increase is attributed to the use of State grant funds and the
requirement by the State to adhere to the State Department of Industrial Relations general wage rates.
The plans and specifications have been approved by the State, and the City will be reimbursed $85,000
from the grant upon completion of these facilities. The grant funds will also be augmented by CIP
project PR-183 and Montgomery/Broadway Equities Permit MPR-OOl funds. The Department
recommends using the accumulated funds for the Lauderbach Park project.
[playgmd]
'2'/
Item ~
Date 11/23/93
Bids for construction of the project were received from five contractors as follows:
Contractor
Bid Amount
1.
2.
3.
4.
5.
Edward A. Zasueta Contracting Co. - Spring Valley
Heffler Company, Inc. - San Diego
Plaza Landscape, nc. - Anaheim
Costello, Inc. - Escondido
Carolyn E. Schiedel - Contractor - La Mesa
$101,861.05
125.109.75
126,953.00
137,682.00
155,984.50
The low bid by Edward A. Zasueta Contracting Co., a minority contractor, is above the engineer's
estimate of $80,000 by $21,861 (+27.3%). In reviewing the bids, staff believes that the low bid received
from Edward A. Zasueta Contracting Co., is an excellent bid for the work to be performed and that
rebidding the project would most likely not result in a lower bid.
Staff has completed a reference check on the contractor and has found his work to be satisfactory.
Prevailing Wage Statement
The funding for this project includes State grant funds. Prevailing wage scales as those determined by
the Director of Industrial Relations, State of California, are required when State funds are used. No
special minority or women-owned business requirements were necessary as part of the bid document.
However, by advertising, minority business owners were encouraged to participate. The recommended
contractor is a minority owned business.
Environmental Status
A notice of exemption was approved for this project on April 30, 1993. The City's Environmental
Review Coordinator has reviewed the work involved in this project and has determined that the project
is exempt under Section 15.302 Class II of the California Environmental Quality Act ((replacement or
construction) .
Disclosure Statement
A copy of the contractor's disclosure statement is attached.
FISCAL IMPACT: Staff has reviewed possible funding sources necessary to award this contract and
recommends that a portion of the funds budgeted this year in CIP project PR-183 "Playground
Renovation-Phase II" be utilized. In addition, the funds in the Montgomery/Broadway Equities Permit
[playgmd]
2
~".L
Item e
Date 11/23/93
Account (MPR-OOl) are recommended to be used.! These funds are intended to be used for park
improvements in the Montgomery area. Lauderbach Park is located within this area.
Funds Required for Construction
1.
2.
3.
Contract Amount
Contingencies (approximately 10%)
Staff Costs (design & inspection)
$101,861.05
10,138.95
7.500.00
Total Funds Required for Construction
$119,500.00
Funds Available for Construction
1.
2.
3.
Play Equipment-Various Locations (State grant funds) - PR-146
Playground Renovation - Phase II - PR-183
Appropriation of funds from Montgomery/Broadway Equities
Permit Fund (MPR-001) to Play Equipment - Various Locations - PR-146
$77,380.00
18,370.00
23.750.00
Total Funds Available for Construction
$119,500.00
Attachments: CIP Detail Sheets for Project PR-146 & PR-183
Contractor Disclosure Statement
The Montgomery/Broadway Equities Permit funds were conditioned by the City Council in June
1990 for the Broadway Equities project at 1375 Broadway. The applicant for the project was
proposing the site be used for RV storage. As a mitigation measure for the use of the site, the
Council required Broadway Equities to pay the sum of $7500 per year for 5 years ($37,500) to
the City; such funds to be used on City projects as an in-lieu mitigation fee arising out of a
reasonable nexus between the use of the property as an RV storage park instead of other open
space or parks and recreation use. Broadway Equities has been fulfilling their payment obligation
and the fund currently holds $23,750. Payments will cease in 1995, leaving a remaining amount
in the fund of $13,750. The funds are to be used for construction of new park and recreation
projects in the Montgomery area.
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests. payments. or campaign
coottibutioDS. on all matters which will require discretionary action on the part of the City Council. Planning Commission. and
all ocber official bodies. The following information must be disclosed:
t. list the names of all persons baving a financial interest in the property which is the suhja:t of the application or the
contract. e.g., owner, applicant. controlCtor. subcontractor, material supplier.
~
2. If any person- identified pursuant to (1) above is a corporation or partnership. list the names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
--Y DtoJ.G"
3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving
as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
-l!ot-.lE
4. Have you had more than $250 worth of business transacted with any member of the City staff. Boards. Commissions,
Committees, and Council within the past twelve months? Yes_ No-fL 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.
---!.\ON~
6.
Have you ;md.Ior your officers or agenlS. io the agr' cootribuled more thlln $1.000 to a Cooocil member in the
current or preceding election period? Yes_ No If yes, state which Council member(s):
. . . (NOTE: Attach additional pales
Dace:
It) / (, 1".3
I I
. . Signature of co tractor/applicant
k~I.VJ.'JrU Z~~t~ L'olL"bp{,;
Print or type name of contractor/applicant \
_ Person is dtJfntd as: "Any individual. Jfmt. co-partntrsllip. join/ vtn/wrt. associarion. social clwb. .fraltmal organiZJJ/ioPl. corporation. tslaJt. /rw.~/. rtctiytr.
.f}'1UIiCalt. Ihis and any olhtr cownty. city and cown/".. city mwnicipality. dis/ric/. or olhtr poli/ical subdivision. or any olhtr growp or combina/ioPl acting a.~ a
IDIiI. "
B'~t,
RESOLUTION NO. )13)Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS, ACCEPTING
BIDS AND AWARDING CONTRACT FOR LAUDERBACH PARK
AND PASEO DEL REY PARK PLAY AREA RENOVATION IN
THE CITY OF CHULA VISTA, CA.
WHEREAS, at 2:00 p.m. on October 6, 1993, in Conference
Room 1 in the Public Services Building, the Director of Public
Works received the following five sealed bids for "Lauderbach Park
and Paseo Del Rey Park play area renovation in the City of Chula
Vista, CA (PR-146)":
Contractor
Bid Amount
1.
2 .
3.
4.
5.
Edward A. Zasueta Contracting Co.-Spring Valley
Heffler Company, Inc.-San Diego
Plaza Landscape, Inc.-Anaheim
Costello, Inc.-Escondido
Carolyn E. Schiedel-Contractor-La Mesa
$101,861.05
125,109.75
126,953.00
137,682.00
155,984.50
WHEREAS, the low bid by Edward A. Zasueta Contracting Co.
is above the engineer's estimate of $80,000 by $21,861.05 or 27.3%,
but the engineer's estimate was prepared presuming that wage rates
for the contract would not be tied to the Department of Industrial
Relations general wage rates, however, this is a State requirement;
and
WHEREAS, in reviewing the bids, staff believes that the
low bid recei ved by Edward A. Zasueta Contracting Co. is an
excellent bid for the work to be performed and that rebidding the
project would most likely not result in a lower bid price; and
WHEREAS, the funding of this proj ect includes State grant
funds and prevailing wage scales as those determined by the
Director of Industrial Relations, State of California are required
when State funds are used; and
WHEREAS, no special minority or women-owned business
requirements were necessary or part of the bid document, however,
by advertising, minority business owners were encouraged to
participate; and
WHEREAS, a notice of exemption was approved for this
project on April 30, 1993 and the City's Environmental Review
Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under section 15.302 Class II
of the California Environmental Quality Act (replacement or
reconstruction) .
1
<l-7
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept said five bids and award
the contract for Lauderbach Park and Paseo Del Rey Park play area
renovation to Edward A. Zasueta Contracting Co. in the amount of
$101,861.05.
BE IT FURTHER RESOLVED that the amount of $23,750 is
hereby appropriated from Fund MPR001 - Montgomery/Broadway Equities
Permit Fund to Play Equipment - Various Locations PR-146 - Account
408-4080-MPR001.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
John P. Lippitt, Director of
Public Works
AP~;-OJed as (0 f~m by ;- i
f~/~~..~.
Bruce M. Boogaar~/city
Attorney I !
lJ
Presented by
C:\rs\Jauderbh
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2
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
ItemL
Meeting Date 11/23/93
Resolution \ '1 :'\5 Appropriating $186,239 from the
unappropriated balance of Fund 253, Transportation Partnership Fund, to
Capital Improvement Project Account No. 253-2530-ST153, MTDB
Bridge Widening at Main Street and Industrial Boulevard and authorizing
final payment of $484,468 to the Metropolitan Transit Development Board
for the City's share of the cost of the Main Street Underpass Project
Director Of Public w~r~ f
City Manager-.JG. ~ ~ (4/5ths Vote:Yes..x.-No_)
~
ITEM TITLE:
REVIEWED BY:
On December 14, 1989 the City indicated to the Metropolitan Transit Development Board in a
letter that Chula Vista was willing to pay 10% of the cost of the Main Street Underpass Project.
This indication was affirmed by Council by passage of Resolution 15537 on February 27, 1990,
approving the expenditure of $700,000 in TransNet funds for the overpass and related street
work. By the time this project was actually authorized in the 1990-91 CIP Budget, the total cost
was $750,000. Resolution 15575 supported MTDB's application for a Grade Separation
Allocation. The Council Agenda Statement accompanying that resolution specifically included
the construction of the street improvements under the bridge at a cost of $150,000. The agenda
statements are attached.
Council approved the payment of $330,000 of previously authorized funds to MTDB on March
2, 1993 as an initial payment for the cost of the work. The project has been completed and
MTDB has requested final payment for the City's share of the cost of the combined projects.
RECOMMENDATION: That Council approve a resolution appropriating $186,239 from
the unappropriated balance of Fund 253, Transportation Partnership Fund, to CIP 253-2530-
ST153 and authorizing the payment of $484,468 to MTDB as full and final payment of the
City's share in the combined Main Street Underpass/Main Street project.
DISCUSSION: MTDB awarded a contract for the overall bridge and street project on July 11,
1991, and the work is now complete.
The estimated cost of the bridge construction was approximately $6,000,000 when the City's
decision to participate in the project was made. The final cost of the bridge, including the
original bid costs, change orders and project overhead items is $5,097,289.80. Chula Vista's
10% share, of this amount totals $509,728.98. PUC regulations state that the PUC allocation
is equal to 80% of the project and that both the railroad (MTDB) and the local agency (City)
pay 10% of the project costs.
The preliminary estimate of the Main Street improvements under the bridge included in the
MTDB contract was $150,000. The road work was not eligible for PUC funding and the City
is responsible for 100% of the street widening costs. The final cost of that work was
$304,738.82. The cost of the original bid items amounted to $180,460.73. Overhead items
QQ.u, J<2.tz€ C cu..JiC<.- ,0/;. . i .
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Page 2, Item '1
Meeting Date: 11/23/93
such as traffic control, construction area signs, clearing and grubbing and development of water
supply cost an additional $12,389.40. Change Orders for the street work negotiated by MTDB
during the project construction amounted to $64,456.93 and administration, engineering and
design and construction management costs totalled $62,307.32. The City received credits for
minor concrete work ($9,701.38) and a claim by the City contractor ($5,174.17). Please see
attached Exhibit A for breakdown of costs.
When this project was originally budgeted in the 1990-91 CIP Budget, the estimates totaled
$750,000 as indicated above. While this total was intended to include all costs, including
engineering, administration, and overhead, it was very preliminary and done without the benefit
of plans. In addition, the estimate did not take into account the higher engineering cost due to
having the plans prepared by a consultant and not in-house, nor did it include the necessary
funds for MTDB to administer the project over and above our staff time. The contract amount
as bid was in conformance with the bid items the City received on our own similar projects.
Once construction got underway several change orders were required in order to complete these
projects. Some of them, such as a revision to the signal plans to provide a more appropriate
signal standard were initiated by City staff. Since the area of Main Street included in this
project was previously under the jurisdiction of the County prior to the Montgomery Annexation,
other change orders were the result of conditions in the field (i.e. - underground pipes) that were
different from what the City thought was in place based on the County plans. An example of
this is a revision in the drainage system that required more extensive underground work. A last
area that created additional change orders was the rain experienced during the project and the
need to excavate more of a roadway section and to place a much thicker structural section due
to an extremely wet sub grade. All of these change orders are work that the City would have
done if it had been our project. There were other change orders that we did not think were
necessary and should not be paid by the City. Two of these last change orders are not included
in our costs and are indicated as credits in the above paragraph. Last, City staff was concerned
about the large increase in this portion of the project, particularly in the administration,
engineering, design and construction management costs billed by MTDB. Staff carefully
reviewed all of the charges, eliminated some of the costs and negotiated others based on more
in-depth information provided by MTDB.
In summary, while the costs on the road construction, for which the City pays full cost, appear
to be high when viewed against our preliminary budget estimate done four years previously, the
billing for this work has been reviewed and is justified. In the future, should the City enter into
such a joint project staff will make sure that there is a full agreement which gives the City more
control over the costs we are to pay before construction starts.
In all, the City's share of the cost of work on the Main Street Underpass and Street
Improvement project (ST 153) under the MTDB contract is $814,467.77. Of the $750,000
originally budgeted for the Main Street underpass and street improvement project there is an
unencumbered balance of $306,685. This reflects the initial payment of $330,000 to MTDB,
approximately $30,000 for administration costs and $91,771 to support a shortfall on an adjacent
Capital Improvement Project (Main Street, between 1-5 and Industrial Boulevard).
9~z.
Page 3, Item ~
Meeting Date: 11/23/93
The balance of cost to be paid to MTDB is $484,468 leaving a current shortage of $186,239 in
the available funding for this project. It is proposed that this amount be appropriated from the
unappropriated balance of the Transportation Partnership fund to allow this payment to be made.
The following is a financial summary of the project:
Project's Original Budget
Initial payment to MTDB (approved by Council
Resolution 17010 on 3/2/93)
Funds to support shortfall on adjacent CIP
(Main Street between 1-5 and Industrial Blvd.
Approved by City Council Resolution No. 16693
on 6/30/92)
Administration/Staff time
Final Payment to MTDB per this resolution
Shortfall
$750,000.00
(330,000.00)
(91,771.00)
(30,000.00)
(484.468.00)
($186,239.00)
FISCAL IMPACT: $750,000 has been previously appropriated for participation in the Main
Street Undercrossing Project and the Main Street improvement work included in the MTDB
contract. This action would appropriate an additional $186,239 to the project, increasing the
project budget from $750,000 to $936,239.
The City received $750,000 in Transnet Funds for the cost of this project which was the source
of funds for the originally budgeted project. An unanticipated and unbudgeted additional
$214,043 in matching funds was received from the State/Local Transportation Partnership
Program as a result of our application based on this project. The total amount of these two
revenues is $964,043 which is greater than our final cost. The appropriation of the requested
funds still leaves $27,804 in Transportation Partnership Funds which will be used for other
projects.
RLD:FILE # AX-118/AX-099
F:\HOME\ENGINEER\AGENDA\MTDB2
9;3
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EXHIBIT A
SUMMARY OF CHULA VISTA OBUGA TION
BID ITEMS FOR CONSTRUCTION OF MAIN ST. BRIDGE
BID ITEMS FOR MAIN ST. IMPROVEMENTS
BID ITEMS TO BE SPLIT AMONG VARIOUS WORK ITEMS
CCO'S TO BE SPLIT AMONG VARIOUS WORK ITEMS
TOTAL CONSTRUCTION
10% SHARE OF
MAIN ST.
BRIDGE
$331,112.83
$0.00
$19,799.83
$59,447.05
$410,359.71
ADMINISTRATION* EST. TOTAL= $160,000.00
ENGINEERING AND DESIGN* EST. TOTAL = $474,000.00
CONSTRUCTION MANAGEMENT* EST. TOTAL = $422,000.00
$15,055.95
$44,603.25
$39,710.07
TOTAL
LESS 26 c.Y. OF MINOR CONCRETE FOR BUS PAD - 26@$373.13
LESS AMOUNT OF GRANITE CONSTRUCTION CLAIM
$509,728.98
TOTAL CITY OBLIGATION FOR MAIN ST. BRIDGE
$509,728.98
TOTAL CITY OBLIGATION FOR MAIN ST. IMPROVEMENTS
TOTAL CITY OBLIGATION
* PRORATED BASED ON TOTAL CONSTRUCTION EXPENDITURES
9" tj
STREET
IMPROVE.
$0.00
$180,460.73
$12,389.40
$64,456.93
$257,307.06
$9,440.50
$27,967.49
$24,899.33
$319,614.37
($9,701.38)
($5,174.17)
$304,738.82
$814,467.80
RESOLUTION NO. \,\ ~ \ S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $186,239 FROM THE
UNAPPROPRIATED BALANCE OF FUND No. 253 TRANS-
PORTATION PARTNERSHIP FUND TO CAPITAL
IMPROVEMENT PROJECT ACCOUNT NO. 253-2530-ST-
153, MTDB BRIDGE WIDENING AT MAIN STREET AND
INDUSTRIAL BOULEVARD AND AUTHORIZING FINAL
PAYMENT OF $484,468 TO THE METROPOLITAN
TRANSIT DEVELOPMENT BOARD FOR THE CITY SHARE
OF THE COST OF THE MAIN STREET UNDERPASS
PROJECT
WHEREAS, on December 14, 1989 the city indicated to the
Metropolitan Transit Development Board in a letter that Chula.
Vista was willing to pay 10% of the cost of the Main Street
Underpass Project which was affirmed by Council by passage of
Resolution 15537, approving the expenditure of $600,000 for this
purpose; and
WHEREAS, Resolution 15575 further
expenditure of an additional $150,000 for the
street improvements under the bridge; and
authorized the
construction of
WHEREAS, Council approved the paYment of $330,000 to MTDB
on March 2, 1993 as an initial paYment for the cost of all this
work; and
WHEREAS, the project has now been completed and MTDB has
requested final paYment for the City'S share of the cost of the
combined projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby appropriate $186,239 from the
unappropriated balance of Fund No. 253 Transportation Partnership
Fund to Capital Improvement Project Account No. 253-2530-ST153,
MTDB Bridge Widening at Main Street and Industrial Boulevard and
authorizing final paYment of $484,468 to th Metropolitan
Development Board for the City share of th cost of he Main Street
Underpass Project.
c: \rs\mtdb3
ity
Presented by
John P. Lippitt, Director of
Public Works
9,,5
l
()
?It-
.
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4/3/90
ITEM TITLE:
Resolution Supporting application for grade separation at
Main Street in the City of Chu1a Vista
Director of Public WOrk~~
City Manager (4/5ths Vote: Yes_No-.!-)
SUBMITTED BY:
REVIEWED BY:
On March 8, 1990, the Board of Directors of the Metropolitan Transit Development Board
authori zed the fi li ng of the South L i ne-Ma in Street Grade Separati on aPf1 i cati on to
Ca1Trans for State funding based on the Public Utilities Commission gu delines and
priority list of projects.
The City of Chu1a Vista desires to widen Main Street underneath the existing grade
separation. Furthermore, on December 14, 1989, the City Manager in a letter to MTDB's
General Manager indicated the City's willingness to cooperate in this project by sharing
10 percent of its cost.
RECOMMENDATION: That Council support application for Grade Separation at Main Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On December 21, 1989, the tfrDB Board of Directors reviewed the seven top candidate grade
separations on the Public Utilities Commission (PUC) priority list. The Board
authorized their General Manager to develop engineering analyses, cost estimates, and
funding strategies for four locations. One of the locations is the south line-Main
Street grade separation in the City of Chula Vista.
On March 8, 1990, the General Manager returned to the Board with the engineering and
cost information for four candidate PUC projects. Based on said information, the MTDB
Board of Directors authorized the filing of the South Line-Main Street Grade Separation
application to Ca1Trans for State funding.
We have recently been advised by MTDB that the City's share is estimated at $600,000.
In addition, the City will be responsible for installation of street improvements under
the bri dge for an estimated cost of $150,000. This bri ngs the total funds to be
committed by the City to $750,000.
Approval of the resolution will constitute supporting said application.
FISCAL IMPACT: On February 27, 1990, the City Council passed Resolution 15537
adopting the Five-Year Transnet Local Street and Road Program. Under this program,
revenues totaling approximately $3.81 million are estimated by SANDAG to be allocated to
the City of Chu1a Vista through FY 1991-92. Resolution 15537 stated that $700,000 of
Transnet Funds would be needed towards the Main Street grade separation project. This
amount is to be increased to $750,000 and will be reviewed during the budget process.
SMN:fp/
WPC 4904E
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COUNCIL AGENDA STATEMENT
Item .Q;'
Meeting Date 2/27/90
.
ITEM TITLE: a) Public Hearing on Draft TransNet (Sales Tax) Transportation
Improvement Program expendi ture plan for the next ffye ffsca 1
years
b) Resolution 15537 Adopting the five-year TransNet Local
Street and Road Program. ffsca 1 Years 1991 through 1995; and
approving the submittal of Chula Vista's TransNet 1990
Regional Transportation" Improvement Program (RTIP) update to
the San Diego Association o~ ~rnments .
SUBMITTED BY: Director of Public Work~~rv
REVIEWED BY: City Manager&' (4/5ths Vote: Yes~o_!J
The 1990 San Diego Regional Transportation Improvement Program (RTIP) is a
five-year program of proposed major highway. arterial. transit. bikeway. and
aviation projects. The annual development and approval of the RTIP by the San
. Diego Association of Governments (SANDAG) is a requirement for the continued .
1 :receipt of state and federal transportation project funding. The "Proposition
A (TransNet): San Di ego Transportati on Improvement Program - Ordi nance and
Expenditure Plan" al so requires that all proposed projects to be funded with
TransNet sales tax be included in the RTIP. The listing of TransNet projects
is to be submitted to and approved by SANDAG as part of tne RTIP.
RECOMMENDATION: That Council conduct the public hearing as indicated in
Item Title "an and upon its completion. adopt a resolution approving submittal
of the City's RTIP update/TransNet Sales Tax Expenditure plan to SANDAG.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
(
The TransNet Ordinance states that the revenue generated by the sales tax
measure will be used solely for transportation improvement projects in
accordance with the following priorities:
1. To repair and rehabilitate existing roadways.
2. To reduce congestion an~ improve safety.
3. To provide for the construction of needed facilities.
Following the above priorities. the FY 90-91 TransNet expenditure plan
includes street widening and pavement reconstruction projects. The major
projects included are Main Street. Broadway. Fifth Avenue and Fourth Avenue.
The first phase of Main Street (1-5 to Industrial Boulevard) has been
partially funded in FY 89-90 and is in the design process. It is anticipated
to go under construction in FY 90-91. An additional appropriation of $148.000
is needed to fully cover construction costs. Three remaining phases of Main
Street are to be proposed for a later program.
9,Y ~,' --I ~
Page 2. Item-).
Meeting Date 2/27/90 '~
Four phases of Broadway are proposed for construction in FY 90-91 through
FY 94-95.
The proposed RTIP/TransNet expenditure plan. Exhibit A. includes five new
projects util izing TransNet funds. in FY 90-91. These projects and their
corresponding amounts of TransNet funds are programmed as follows:
Fifth Avenue - "L" Street to Naples Street; $779.900
Fifth Avenue - Naples Street to Oxford Street; $413.400
Fifth Avenue - Oxford Street to Orange Street; $940,000
Fourth Avenue - Kittiwake Lane to Del Rey High school; $119.200
Main Street - MTDB Bridge Widening and Street Improvements; $700,000
The Fifth Avenue. "L" Street to Naples Street. was originally funded in FY
88-89 and FY 89-90. The segment from Naples to Oxford was originally funded
in FY 87-88 and FY 89-90. The third segment of Fifth Avenue. Oxford to
Orange. was originally funded in FY 86-87 and FY 89-90. The original scope of
work for all three segments' (L-Orange) consisted of improving the east hal f
only. The cost estimate for said work is $1.75 million. The cost estimate
for improving both sides of Fifth Avenue (between "L" and Orange) is $2.67
. million which represents an increase of $0.92 million. The RTIP submittal
,::includes improvements for both sides of Fifth Avenue which is a major
expansion of the original scope of the project. ) -
Thp. submittal also includes the MTDB Bridge Widening over Main Street (City
share of $700.000). MTDB is submitting this project for State PUC funding in
mij-March and expect to know by July 1. 1990 whether or not an allocation has
been received. The bridge widening is estimated at $5.0 to $6.0 million of
which the City's share is ten percent (10%). In addition. we have included
the cost of widening Main Street through the MTDB right-of-way for a total
City cost of $700.000. If MTDB receives an allocation, the funds need to be
encumbered within one year. Therefore. City funds will be needed in fiscal
year 1990-91.
The major impact of including Fifth Avenue and Main Street will have is
negative yearly leftover balances in TransNet funds for FY 90-91, FY 91-92 and
FY 93-94.
One alternative to offset the negative balances would be to delay the
construction of Broadway (between F and I) and phase out the Fifth Avenue
project over a three-year period.
The second alternative would be to borrow money from SANDAG or other cities to
offset the shortfalls for FY 90-91. FY 91-92. and FY 93-94. SANDAG officials
indicated that there are many fund programs we can borrow from and since we
are running positive balances in FY 92-93 and in FY 94-95, it will be possible
to pay back the borrowed money within a five-year period.
The RTIP submittal is based on the second alternative which would not result
in delaying the construction of Broadway and Fifth Avenue.
i )
9-9
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(
Page 3, Item
Meeting Date 2/27/90
The construction schedule of events will be as follows:
FY 90-91 FY 91-92
FY 92-93
FY 93-94
FY 94-95
Broadway Broadway
Mlu to Naples uFu to "I"
Broadway
"IU to "l"
(desi gn only)
Broadway
"I" to "lll
Broadway
Naples to
S'ly City
limits
Fifth Ave.
"l" to Orange
(All three phases)
Main Street,
1-5 to Industrial
Fourth Avenue
MTDB Bridge
Widening (Main St.
and Industrial)
,:-, FISCAL IMPACT: TransNet sal es tax revenues totalli ng approximately $3.81
'million are estimated by SANDAG to be allocated to the City of Chula Vista
( through FY 1991-92. Allocations are made for two-year periods.
RS/mad
WPC 4823E
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item! D
Meeting Date 11/23/93
Resolution \ I. 3/l., Accepting petltlOn for formation of a special
assessment district for the construction of alley improvements from J Street to
Kearney Street between Elm Avenue and Second Avenue.
SUBMITTED BY: Director of Public Works ?f/
REVIEWED BY: City Manage~ '\y;t~ (4/5ths Vote: Yes_No X)
The City Engineer has received a petition from property owners in the 700 blocks along Second
Avenue and along Elm Avenue, requesting that special assessment proceedings be commenced for
construction of paving the unimproved alley between those streets. Upon acceptance by the Council,
the petition will be filed in the City Clerk's office. Approval of this resolution will permit staff to
begin the design of the improvements. The funds necessary to construct the project will be included
in next years CIP Budget request.
RECOMMENDATION: Approve the resolution accepting the petition for formation of a special
assessment district for the construction of Alley Improvements in the alley adjacent to J Street and
Second Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
On May 20, 1993 Mr. Jack Unger, a resident of 714 Elm Avenue, Chula Vista, submitted a petition
requesting that the City form a special assessment district to construct improvements at the unimproved
alley between J and Kearney Streets located between Second Avenue and Elm Avenue. Sections
2804(a)(3) and 5871(a) of the Streets and Highways Code require that such petitions be signed by
owners of more than 60% of the area, unless otherwise approved, and be signed by owners of more
than 60% of the front footage. The signatories of the petition owned 60.2 % of the area of the property
in the proposed district (11 of 17 properties) and, they were 68% of the owners of that property having
footage fronting the alley thus complying with the Code.
The property owners signing the petition agreed to the following terms:
A. That the cost of the improvements will be charged to the land outlined on
Exhibit A which benefits from the project, including their land;
B. That the cost of engineering, legal and other incidental expenses will be included
in the project cost;
C. That each property owner may pay his assessment either in cash without interest
or in installments with interest over a period of years;
II) . (
Page 2, Item I b
Meeting Date 11/23/93
D. That the estimated total cost of the improvements is $71,010 (staff has rounded
this off to $72,000);
E. That property with an assessment lien IS subject to foreclosure III cases of
delinquency and non-payment;
F. That they consented to the formation of the Assessment District in accordance
with Section 2804 of the Streets and Highway Code of the State of California
and waived any rights to protest against the formation of said assessment district;
G. That they agreed to dedicate all required rights-of-way or easements necessary
for the works of improvement, all dedications to be accomplished before the
ordering of improvements;
Those not signing the petition either opposed spending money on the alley improvement or felt that
it was the City's responsibility to improve the alley, according to the Ungers.
Improvements and Costs
Improvements in the alley, extending between J and Kearney Streets located between Second Avenue
and Elm Avenue would consist of grading, excavation, Portland cement concrete paving, pedestrian
ramps together with appurtenances and appurtenant work, to serve and to benefit properties located
within the boundaries of the proposed assessment district.
It is estimated that the following costs will be incurred for the paving of the alley:
Construction ($122/LF)
Design/Inspection
Assessment District Formation
Costs
$72,000
15,000
9.000
$96,000
Recommended
Obligation of
Owners
City
City
Staff recommends that the City pay all costs of design and inspection as well as the assessment district
formation, estimated at $24,000 (direct costs), which is consistent with past practices and Chula Vista
Policy 505-01 although this policy does not specifically address alley improvements. Staff recommends
that the construction costs of $72,000.00 be the responsibility of the property owners. Based upon this
policy staff included only the actual construction cost in the petition, although the petition specifically
states that the cost of engineering, legal and other incidental expenses would be included in the project
cost. To construct the project through assessment district financing, staff will recommend in next years
CIPBudget that the City advance $72,000 from the general fund to be reimbursed with interest by
property owners. Alternatively, the City could sell bonds in the amount of the construction costs.
However, for a project this size, it is not economically feasible to do so, consequently, the City
typically advances the funds for cost effectiveness. Staff is recommending the actual appropriation of
If) .2..
Page 3, Item ) D
Meeting Date 11/23/93
construction funds be done as part of next years CIP Budget because we will have at least partial plans
and a better idea of the construction cost.
Based on the staff recommendation, the assessments for each parcel would range from a low of $3,000
to a high of $6,990, with most of the assesments either $3,000 or $3,600.
The properties have not previously been considered for inclusion in the Block Act for the following
reasons:
1. Alleys are not considered to be high priority construction projects.
2. The cost of paving alleys is not eligible for gas tax reimbursement or other forms of
reimbursement from state funding.
3. Previously, sixty percent or more of the owners have not requested that the paving be done.
Staff recommends that this alley improvement be approved for staff to begin the design work this year
and that the City participate in the financing by funding the design, inspection and project
administration costs. Alternatively, the City could deny participation in the funding, and the property
owners could pick up the non-construction costs of $24,000. A new petition would need to be
executed by the property owners to proceed with this option. If the property owners were required to
fund the non-construction costs, the assessments would increase ranging from $1,000 at the low end
to $2,400 at the high end. The property owners will be allowed to finance the improvements over a
seven year period with the interest charges included in their annual assessments. The annual
assessments would be included on their property tax bills.
A plat (Attachment A) is available for Council viewing.
Future Actions
1. Staff will return to Council with the Resolution of Intention declaring the City's intent to form
a district.
2. Although there is no statutory requirement to do so, staff will meet with all property owners
to discuss the improvement and its financing.
3. Two public hearings, as required by law, will be held.
Therefore, tonight's action by the City Council is not binding on the property owners in the event the
bids come in higher than the estimated $72,000. After the bids are opened the project comes back to
the Council for award, the actions will include notice to the property of a public hearing with an
opportunity to review their proposed charges. At that time the property owners will be able to request
the Council to eliminate the district because of the costs. After construction is complete, and the final
costs are known, there will be another public hearing to protest the actual assessments.
All of the properties that are adjacent to the proposed improvements and would be assessed have been
notified of this meeting and sent a copy of staff's report.
1~..-3
Page 4, ItemIE-
Meeting Date 11/23/93
FISCAL IMPACT: Approval of the resolutions authorizes staff to spend approximately $8,000 for
design of the project out of currently budgeted staff costs. An additional expenditure of approximately
$16,500 for inspection and assessment district formation will be required if the project goes to
construction. An additional appropriation of $72,000 into CIP project STL220 from the General Fund
(Fund 100), will be required as part of the FY94/95 CIP Budget. The estimated $72,000 will be
reimbursed with interest, the terms of which are to be determined prior to a future public hearing. If
Council chooses the alternative whereby the property owners pay for all costs, the City would need to
advance the entire $96,000.
JEF:File No. AY-091
WPC F:\home\engineerlagendalalleyjst
Attachments:
A - BoundaIl.fnd location of imp!ovements
B - Petition J,OT SCANNi!,u
C - Policy 505-1
//J,tf
EXHlBIT A
PROPOSED BOUNDARY MAP
ASSESSOR'S BOOK 573
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EXHIBIT B
TO: CITY COUNCIL
CITY OF CHULA V.ISTA
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the property owners of the land
within the area shown on the map attached as Exhibit "An and
made part of this document.
2. We petition you to undertake special assessment proceedings
for the following described public improvements:
Improvements in the alley, running between J and Kearney streets
located between Second Avenue and Elm Street consisting of grading,
excavation, Portland cement concrete paving, pedestrian ramps
together with appurtenances and appurtenant work, to serve and to
benefit properties located within the boundaries of Assessment
District 92-3.
3. We understand:
A. THAT the cost of the improvements will be charged to the
land outlined on Exhibit A which benefits from the project,
including our land:
B. THAT the cost of engineering, legal and other incidental
expenses will be included in the project cost:
C. THAT each property owner may pay his assessment either in
cash without interest or in installments with interest over a
period of years.
D. THAT the estimated total cost of the improvements is
$71,010.00.
E. THAT property with an assessment lien is subject to
foreclosure in cases of delinquency and non-payment.
4. We consent to the formation of the Assessment District in
accordance with Section 2804 of the Streets and Highway Code of the
State of California and waive any rights to protest against the
formation of said Assessment District.
5. We agree to dedicate all required rights-of-way or easements
necessary for the works of improvement, all dedications to be
accomplished before the ordering of improvements.
Page 1 of 4 Pages
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EXHIBIT C
COUNCIL POLICY
CITY OF CHUlA VISTA
SUBJECf: PARTICIPATION BY THE CIlY OF CHULA
VlST A IN 1911 BLOCK ACT PROGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECfIVE
DATE
505-01 08-30-83
I DATED: 08-30-83
PAGE
1 OF 6
ADOPTED BY: Resolution No. 11373
BACKGROUND
There are properties within the City limits that do not have full street improvements. In the past. Council has
directed the owners of critical unimproved parcels to install their missing public improvements. The 1911
Block Act Proceedings were utilized in most instances. As an encouragement for property owner participation,
the City has contributed funds for the completion of certain items of work (i.e., grading. pavement
installation, etc.). Also, the City consistently has contributed engineering inspection and administrative
services at no charge to the property owner(s). However, there is no Council adopted policy regarding City
participation in 1911 Block Act improvement construction proceedings.
This policy is designed to encourage the installation of missing improvements along develooed residential lots.
It specifically sets City participation goals for the improvement of comer, non-comer, and double frontage
residential lots. The policy reaffirms City Council intent to require the installation of public improvements
adjacent to undevelooed property (residential, commercial, and industrial) through the formation of 1911 Act
Assessment Districts or through the subdivision and building permit approval procedures.
This policy shall only apply to areas incorporated on or before this policy's effective date.
PURPOSE
To establish a policy for participation by the City in the construction of public improvements via the 1911
Block Act Proceedings (Chapter 27, Street and Highways Code of the State of California).
POUCY
The City Council establishes the following policy for City participation in 1911 Block Act Program
proceedings:
1. General Particioation
a. The City, at no cost to the property owner(s) shall provide all engineering, inspection and
administrative services necessary to install missing improvements via the 1911 Block Act Program
proceedings.
b. It shall be the City's responsibility to relocate all existing public improvements found to be in
conflict with the proposed street improvement construction. Such improvements shall include, but
not be limited to: street lights. traffic signal standards, drainage structures, fire hydrants, etc.
c. Engineering staff shall meet individually with. each property owner prior to the program's public
hearing to hand deliver initial correspondence and to explain the plans, proceedings and this policy.
Final engineering plans and project specifications shall reflect as close as practicable, the property
owner(s) concerns provided they reflect standard engineering practice.
Jo'/~
COUNCn.. POLICY
CITY OF CHULA VISTA
SUBJEcr: PARTICIPATION BY THE CITY OF CHULA
VISTA IN 1911 BLOCK ACT PRGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
20F6
ADOPTED BY: Resolution No. 11373
505-01 08-30-83
I DATED: 08-30-83
d. Prior to the end of each fiscal year, the City Engineer shall submit to the City Council for approval
under this program, a recommended list of projects for scheduling in the ensuing fiscal year.
Funding for the program shall be determined annually and shown in the Capital Improvement
Program.
e. City participation in this program shall be limited to developed parcels that cannot be split into lots
or building sites.
2. Developed Residential Lots
a. Non-Comer Lots
It shall be the City's responsibility to overlay or reconstruct the roadway travel way adjacent to
non-comer lots when the travelway is already improved and needs an overlay or reconstruction to
accommodate drainage or traffic safety requirements.
The City's responsibility described above is shown on Figure 1 (anached).
.
b. Comer Lots
For the purposes of this policy, the comer lot front lot line shall be defined to be the shorter of the
two adjacent street lot lines. In this case of a non-rectangular comer lot, the front lot line shall be
the average width of the lot. (See Figure 2).
It shall be the City's responsibility to:
(1) Install curb, guner, sidewalk and pavement (if non-existent) adjacent to J/2 the comer lot's side
street frontage.
(2) Overlay or reconstruct .the side and frontage street's travelway when needed to act"ommodate
drainage or traffic safety requirements.
(3) In the event that there are improvements already existing along the comer ]ot's side property
frontage already existing, these improvements shall be credited to the City if they need not be
removed to accommodate the improvements to be installed.
The City's responsibility described above is depicted on Figure 3 (anached).
3. Dual Frontasze Lots
It shall be the City's responsibility to:
/""- I(
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECf: PARTICIPATION BY THE CITY OF CHULA
VISTA IN 1911 BLOCK ACT PROGRAM
PROCEEDINGS
POLICY
NUMBER
EFFECfIVE
DATE
505-01 08-30-83
I DATED: 08-30-83
PAGE
30F6
ADOPTED BY: Resolution No. 11373
a. Install curb, gutter, sidewalk, and pavement (if non.existent) adjacent to the entire lot's rear street
frontage.
b. Overlay or reconstruct the lor's rear street travelway when needed to accommodate drainage or
traffic safety purposes.
For purposes of this policy, dual frontage lots shall be a lot having frontage on two parallel or
approximately parallel streets, one of which is an "alley".
4. Developed Industrial/Commercial Lots
The City contribution towards the construction of improvements adjacent to developed
industriallcommerciallots shall be limited to:
a. The overlay or reconstruction of existing roadway travel way areas when found to be required for
drainage or traffic safety purposes.
S. Undeveloped Residential. Industrial and Commercial Lots
This policy shall reaffirm the City Council's intent to require the installation of missing improvements
adjacent to undeveloped lots (both corner and non. corner with and without double street frontages)
through:
a. 1911 Act Assessment District procedures.
b. subdivision requirements, and
c. building permit approval re'quirements.
There shall be no City contribution towards the construction of improvements adjacent to undeveloped
residential, industrial and commercial lots. In the event that an owner petitions the City for inclusion of
hislher undeveloped parcel in a 1911 Block Act Program, all expenses shall be borne by said owner.
6. Applicability
This policy shall be applicable to areas within the Chula Vista City limits on or before its effective date.
It} ,.(~
COUNCIL POLICY
CITY OF CHUlA VISTA -
SUBJEcr: PARTICIPATION BY THE ClIT OF CHULA POLICY EFFEcrIVE
VlST A IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 40F6
ADOyr....n BY: Resolution No. 11373 I DATED: 08-30.83
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COUNCIL POLICY
CITY OF CHUl.A VISTA
SUBJECf: PARTICIPATION BY THE CITY OF CHULA
VISTA IN 1911 BLOCK ACT PROGRAM
PROCEEDINGS
POLICY
NUMBER
505-01
ADOPTED BY: Resolution No. 11373
EFFECfIVE
DATE
08-30-83
PAGE
50F6
DATED: 08-30-83
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PROCEEDINGS
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RESOLUTION NO. ! 1 ~ It.e>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PETITION FOR FORMATION
OF A SPECIAL ASSESSMENT DISTRICT FOR THE
CONSTRUCTION OF ALLEY PAVING FROM J STREET TO
KEARNEY STREET BETWEEN ELM AVENUE AND SECOND
AVENUE
WHEREAS, Mr. Jack Unger, a resident of 714 Elm Avenue,
has contacted the Public Works Department regarding construction of
missing alley improvements between Elm and Fourth Avenues from J to
Kearney Streets; and
WHEREAS, Mr. Unger has forwarded the signed petition
signed by the majority of the affected property owners to the City
Engineer requesting that construction of alley improvements be
included in the current 1911 Block Act proceeding for street
improvements including grading, excavation, Portland cement
concrete paving, pedestrian ramps together with appurtenances and
appurtenant work; and
WHEREAS, the properties have not
considered for inclusion in the Block Act
reasons:
previously been
for the following
1. Alleys are not considered to be high priority
construction projects.
2. The cost of paving of alleys is not eligible for
gas tax reimbursement or other forms of
reimbursement from state funding.
3. No one had previously requested through petitioning
that the paving be done; and
WHEREAS, Chapter 27 of the Block Act states that an
assessment district may be formed if property owners representing
more than 60% of the front footage request formation of an
assessment district, and letters have been submitted by property
owners representing more than 60% of the front footage area; and
WHEREAS, the requirements of Chapter 27 have been met and
these properties may be included in the current 1911 Block Act
proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept the petition for
construction of missing street improvements in the alley extending
from J to Kearney Streets laying between Elm and Fourth Avenues.
1
IZJ-/7
BE IT FURTHER RESOLVED that staff is hereby directed to
include the subject properties in th urren 1911 Block Act
proceedings.
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\714FJm
I b ' I~
2
Item No. 10
REVISED
RESOLUTION NO. /~7 3/ &
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PETITION FOR FORMATION
OF A SPECIAL ASSESSMENT DISTRICT FOR THE
CONSTRUCTION OF ALLEY PAVING FROM J STREET TO
KEARNEY STREET BETWEEN ELM AVENUE AND SECOND
AVENUE
WHEREAS, Mr. Jack Unger, a resident of 714 Elm Avenue,
has contacted the Public Works Department regarding construction of
missing alley improvements between Elm and Fourth Avenues from J to
Kearney Streets; and
WHEREAS, Mr. Unger has forwarded the signed petition
signed by the majority of the affected property owners to the City
Engineer requesting that construction of alley improvements be
included in the current 1911 Block Act proceeding for street
improvements including grading, excavation, Portland cement
concrete paving, pedestrian ramps together with appurtenances and
appurtenant work; and
considered
reasons:
WHEREAS, the properties have not
for inclusion in the Block Act
previously been
for the following
1. Alleys are not considered to be high priority
construction projects.
2. The cost of paving of alleys is not eligible for
gas tax reimbursement or other forms of
reimbursement from state funding.
3. Sixty percent or more of the owners had not
requested that the paving be done; and
WHEREAS, Chapter 27 of the Block Act states that an
assessment district may be formed if property owners representing
more than 60% of the front footage request formation of an
assessment district, and letters have been submitted by property
owners representing more than 60% of the front footage area; and
WHEREAS, the requirements of Chapter 27 have been met and
these properties may be included in the current 1911 Block Act
proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby accept the petition for
construction of missing street improvements in the alley extending
from J to Kearney Streets laying between Elm and Fourth Avenues.
1
/tJ'Jj
BE IT FURTHER RESOLVED that staff is hereby directed to
include the subject properties in the current 1911 Block Act
proceedings.
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
Presented by
C:\rs\714B1m
2
//)-20
",'_._~.',..'._ ~~,._.~_.--...........""""..-~..........._.....____~_~~._~_"__..........,-,,_..'b_~~_'_"_"""-'~____~___
COUNCIL AGENDA STATEMENT
ITEM: II
MEETING DATE:ll/23/93
Public Hearing: Considering Abating the Scheduled
1994 Business License Tax Increase to Retain
Business License Taxes at the Current Calendar Year
1991 Level
Resolution \\~ \1: Abating the Scheduled Calendar
Year 1994 Business License Tax Rates for One Year
and Retaining Business License Taxes in Calendar
Year 1994 at the 1991 Level, as Provided for in
Ordinance 2408, with the Exception of Taxes on
Specific Businesses Which were Adopted by Council
Ordinance After January 1, 1991
SUBMITTED BY: Revenue Manager /~
REVIEWED BY: City Manager~~~\ (4/5ths Vote Yes__ No_X)
This public hearing is being con~cted to discuss the advisability
of abating the business license tax increase scheduled for Calendar
Year 1994. On October 25, 1990 the city Council passed Ordinance
2408 which adopted increased business license tax rates which were
to be phased in from 1991-1993, with annual increases of 6% to
occur in subsequent years, beginning in 1994. Ordinance 2408 also
provided Council with the ability to abate the scheduled business
license tax increase during any year, for a one year period only,
to any level chosen as long as the tax rates did not fall below the
1991 level.
ITEM TITLE:
Due to the economic downturn, the city Council abated the scheduled
tax increases in both 1992 and 1993. Thus the current tax rate for
the majority of businesses has remained at the CY 1991 tax levels.
Based on Council direction received during the FY 1993-94 budget
process the revenue estimates in the current budget were prepared
to reflect an abatement of the scheduled CY 1994 tax rates to
retain taxes at their current level. If Council does not pass an
abatement resolution prior to January 1, 1994 tax rates for the
majority of businesses will more than double.
RECOMMENDATION: That Council conduct the public hearing and
adopt Resolution to abate the scheduled CY 1994 business
license tax increase for one year, retaining taxes at their current
levels, and instruct staff to send a letter to all business with
their license renewals, informing them of Council's decision to
abate the 1994 tax increase.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
II-I
DISCUSSION:
On October 25, 1990, the City Council adopted Ordinance 2408,
approving a business license tax increase. The new tax rates were
to be phased in over a three year period, beginning in 1991; with
6% increases in subsequent years to account for inflation. This
schedule was adopted to provide businesses with the flat rate/per
employee tax structure they requested, while at the same time
ensuring that tax rates were not eroded in the future due to
inflation, necessitating large future adjustments. To allow
maximum flexibility Ordinance 2408 also provides Council with the
ability to conduct a public hearing and abate all or a portion of
the tax rate for a one year period, to no less than the CY 1991 tax
rate. If Council does not abate the tax in any given year, the
taxes for all business will automatically be increased to the level
specified in the Master Tax Schedule for that calendar year.
In 1991 the first year of the tax increase went into effect.
However, shortly thereafter the economy experienced a substantial
downturn. As a result, Council abated the scheduled tax increases
in both CY 1992 and CY 1993 in response to the continued economic
recession and concerns expressed by local businesses. Therefore,
current business license tax rates for the vast majority of
businesses have not increased since 1991, and are currently set at
the CY 1991 levels as shown in Table I below.
TABLE - I
IMPACT OF SCHEDULED 1994 BUSINESS LICENSE TAX INCREASE
ON VARIOUS BUSINESSES AND CITY REVENUE
Current Taxes CY 1994 Scheduled
(CY 1991 Level) Taxes
Averaae Tax on Various Business Types
Regular business (average 4 employees) I 78.50 166.50 I
Manufacturer
with 20 employees I 117.50 249.30 I
with 5 employees 68.75 145.80
Professional I 105.00 222.60 I
New bus. (reg & mfg wi under 5 emp), new professional I 25.00 53.00 I
FY 93-94 BUS L1C TAX - REVENUE ESTIMATE 868,200* 1,510,200
Estimated increase in revenue due to tax increase +0 +642,000
* Current revenue estimate //~2..
If Council does not abate the scheduled CY 1994 tax increase via
resolution, taxes for the majority of businesses would more than
double, due to the abatement of the scheduled increases the two
previous years. Table I shows the impact this tax increase would
have on a typical business as well as on city revenues. For
example annual taxes on the two most common business types would be
affected as follows:
o The tax rate on a general business would increase from
$52.50 plus $6.50 per employee to $111.30 plus $13.78 per
employee
o The tax rate per professional would increase from $105 to
$222.60
Although the city of Chula vista has one of the lowest tax rates in
the County and state and should eventually move to increase the tax
to account for the drain from inflation over a long period, now is
probably not a good time to raise these taxes. Unlike most cities
whose business license taxes are based on a business' gross
receipts, Chula vista's tax is based on a flat rate plus a per
employee increment. Gross receipts-based tax structures
automatically adjust for recessionary and inflationary periods.
Flat rate structures must be frequently adjusted to account for
inflation or other economic changes. While the ordinance has built
in protections against inflation eroding the tax rate, only through
abatement can the tax rate be adjusted to account for recessions.
If the rate is not adjusted accordingly, the relative tax burden on
a business will be highest during poor economic times and lowest
during prosperous times. Once the economy picks up staff can
provide the Council with various options to phase in the tax
increase at a slower rate based on local economic conditions and
Council policy direction.
FISCAL IMPACT: Based on direction given by the City Council, the
revenue estimates in the current FY 1993-94 budget were calculated
with the assumption that business license tax rates would remain at
the current CY 1991 levels. If the City Council decides not to
abate the tax, or only abate a portion of the tax, the City's
general fund revenue for this fiscal year would increase. For
example, allowing the tax to go up to the scheduled CY 1994 level
would result in an increase of General Fund revenues this fiscal
year of $642,000.
since all of the city's business licenses are renewable in January,
any decision to abate the tax for CY 1994 will not affect revenues
in the FY 1994-95 budget.
/ I ,..3
RESOLUTION NO. \"\ ?\"l
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ABATING THE SCHEDULED CALENDAR
YEAR 1994 BUSINESS LICENSE TAX INCREASE AS
PROVIDED IN ORDINANCE 2408, WITH THE EXCEPTION
OF TAXES ON SPECIFIC BUSINESSES WHICH WERE
ADOPTED BY COUNCIL ORDINANCE AFTER JANUARY 1,
1991
WHEREAS, Ordinance No. 2408 passed by Council on
October 25, 1990 offers Council the ability to abate the scheduled
business license increase during any years, for a one year period
only, to any level chosen as long as the tax rates did not fall
below the 1991 level; and
WHEREAS, due to the economic downturn, the City Council
abated the scheduled tax increases in both 1992 and 1993 and the
current tax rate for the majority of businesses has remained at the
CY 1991 levels; and
WHEREAS, based on Council direction received during the
FY 1993-94 budget process, the revenue estimates in the current
budget were prepared to reflect an abatement of the scheduled CY
1994 tax rates to retain taxes at their current level.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby abate the scheduled Calendar
Year 1994 Business License Tax rates for one year and retain
Business License Taxes in Calendar Year 1994 at the 1991 level,
with the exception of taxes on specific businesses which were
adopted by Council Ordinance after January 1, 1991 as provided for
in Ordinance 2408.
BE IT FURTHER RESOLVED that staff is directed to send a
letter explaining Council's action to all business with their
business license renewal forms.
C:\RS\BusLicTax
Presented by
LYman Christopher, Director of
Finance
11-5
i~V iLal~
CHULA VISTA CHAMBER OF COMMERCE
AN
INVESTMENT IN
THE FUTURE
November 22, 1993
BOARD OF DIRECTORS
President
T Pat Cavanaugh
The Honorable Tim Nader
MAYOR, CITY OF CHULA VISTA
276 Fourth Ave.
Chula Vista, CA 91910
President Elect
Diane Flint
Dear Mayor Nader:
Vice Presidents:
Rod Davis
Mike Masiak
Mary Anne Stro
Jim Weaver
On October 25, 1990, the City Council passed an ordinance 2408 which
increased the business tax rates, but the tax was abated do to the economic
downturn. At that time, the Chula Vista Chamber of Commerce Board of
Directors voted on behalf of its members to support the abatement.
Members:
Patricia Barnes
Renee Bute
Steve Collins
Greg Cox
Chuck Day
Robert Garcia
Susan Herney
Cathl Jamison
Chris Lewis
Tim Lewis
BOb ThorT1as
Dave Ward
On Tuesday, November 23, 1993, Agenda Item #11 addresses the
increasing of business taxes again. The Chula Vista Chamber of Commerce
still believes the economy has not changed enough to warrant any increases.
The Chamber of Commerce Board of Directors on November 19, 1993,
voted again to continue to abate the CY 1994 business tax increase and to
express their concerns to you and the City Council in writing for your public
hearing that this is still not the time for more taxes.
Thank you for your cooperation.
Executive Director
Donald R. Read
Sincerely yours,
CHULA VISTA CHAMBER OF COMMERCE
~. Pd-CuV(j~~
T. Pat Cavanaugh jf!)
President
Past President
Mike Green
TPC:gn
///5
2 3 3 F 0 U R T H A V E N U E . C H U L A V 1ST A, C A L I FOR N I A 9 1 9 1 0 . TEL. . (6 1 9) 4 2 0 - 6 6 0 3
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering abating the scheduled 1994 Business License Tax increase to
retain business license taxes at the current calendar year 1991 level.
If you wish to challenge the City's action on this matter 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 23, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: November 5, 1993
Beverly A. Authelet
City Clerk
//-~
ITEM TITLE:
Public Hearing: Considering Abating the Scheduled
1994 Business License Tax Increase to Retain
Business License Taxes at the Current Calendar Year
1991 Level
Resolution : Abating the Scheduled Calendar
Year 1994 Business License Tax Rates for One Year
and Retaining Business License Taxes in Calendar
Year 1994 at the 1991 Level, as Provided for in
Ordinance 2408, with the Exception of Taxes on
Specific Businesses Which were Adopted by Council
Ordinance After January 1, 1991
)///i/
RESOLUTION NO. \ 1 ~ 11<
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING INTERIM AGREEMENT
REGARDING WITHDRAWAL FROM THE SAN DIEGO AREA
WASTEWATER MANAGEMENT DISTRICT, AND
AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, on October 22, 1993, the Board of Directors of
the San Diego Area Wastewater Management District approved the
Interim Agreement regarding withdrawal from the District; and
WHEREAS, the San Diego Area Wastewater Management
District requested approval by all member agencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Interim Agreement
regarding withdrawal from the San Diego Area Wastewater Management
District, 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
Agreement for and 0 ehalf of the City of Chula vista.
by
C:\rs\sad
ILjb -I/It./b-Z
LAW OFFICES OF
,,\
.0v
hVl
. >. ~ TFjl);:PHONE (7141 558-7000
~J) . ~~..y:5IMILE 17141 835-7787
ROURKE, WOODRUFF & SPRADLIN
M. LOIS BOBAK
DAVID A. DE BERRY
CRAIG G. FARRINGTON
~05EPH W FOR8ATH
LOIS E. .,JEFFREY
R08ERT W. LUCA5
CHERYL LYNN
BETTY C. MRGUDICH
THOMAS F. NIXON
..JAMES W. PARKER
..JAMES G. ROURKE
.JOHN R. SHAW
KENNARD R. SMART, JR.
DANIE I. SPENCE
DANIEL K. SPRADLIN
ALAN R. WATTS
WAYNE w. WINTHER5
THOMAS L. WOODRUFF
A PROFESSIONAL CORPORATION
SUITE 7000
701 SOUTH PARKER STREET
ORANGE, CALIFORNIA 92668
WRITER'S DIRECT DIAL NUMBER
MEMORANDUM
7
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<t, CITY /, '! U, "J
~hi.JiJ 'iL:.::, Ca.
'l: ;"
'-..J.. ' .
-~.-.-~-
TO:
Bruce Boogard, City Attorney
City of Chula Vista
FROM:
General Counsel
San Diego Area Wastewater Management District
DATE:
October 26, 1993
RE:
Interim Agreement Regarding Withdrawal from
the District/For Consideration and Execution
by Your City
On October 22, 1993, the Board of Directors of the San Diego Area Wastewater
Management District ("District") approved the enclosed Interim Agreement Regarding
Withdrawal from the District and authorized execution by the Chairman.
We enclose herein a duplicate original of the Interim Agreement for consideration
by your City Council. The District's Board urges all member agencies to give this matter
their earliest consideration.
There were a few non-substantive changes made to the Agreement by the District's
Legal and Legislative Committee and by the District's Board. Those changes are
highlighted on the redlined copy we have enclosed.
When your City approves the Agreement, we ask that a duplicate original of the
signature page be forwarded to this office to my attention. When we have received
signatures of all parties, we will retain a fully executed original at the District's offices.
JLfk3
October 26, 1993
Page -2-
We will send you copies of signature pages from all the other member agencies.
ROURKE, WOODRUFF & SPRADLIN
General Counsel
By ~ (:C~
Lois E. Jt0f1r / .
LID :cas:D: 10/26/93: (5D22-2)
Enclosures
cc: H. R. Frauenfelder
Mayor Tim Nader
Shirley Horton
Jerry Rindone
J4b'~ /1'-10- b
INTERIM AGREEMENT REGARDING WITHDRAWAL FROM
THE SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT
THIS AGREEMENT, effective as of December 31,1993, is entered by and among
the City of Chula Vista, City of Coronado, City of Del Mar, City of Imperial Beach,
City of La Mesa, Lemon Grove Sanitation District, City of National City, Gtay Water
District, Padre Dam Municipal Water District, City of Poway, City of San Diego, County
of San Diego, the San Diego County Water Authority, (individually City, District,
Authority or County and collectively the "Cities, Districts, Authority and County"), and
the San Diego Area Wastewater Management District (the "District").
RECITALS
1. The District was formed pursuant to Chapter 803, Statutes 1992 (SB 1225),
which was effective January 1, 1993 (the "Act"). The Cities, Districts, Authority and
County are member agencies of the District.
2. The Act provides in Section 703 for member agency withdrawal or
detachment "without penalty if the withdrawal is within one year from formation of the
District or before districtwide funding is committed for improvements exceeding the
obligations included in the sewage disposal agreements described in Section 401,
whichever occurs first. "
3. As districtwide funding has not been committed, the one year deadline for
withdrawal is December 31, 1993.
-1-
)~b-1
ORIGINAL
4. By this Agreement the member agencies and the District wish to provide for
the terms and conditions of an extended time for withdrawal without penalty, save a
member agency's obligation to pay its proportionate share of total District expenses
pursuant to the 1993/94 budget adopted by the District.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein, the parties agree as follows:
AGREEMENT
1. On or after January 1, 1994, and within the period specified in this
Agreement, a member agency may withdraw from the District without penalty, save its
obligation to pay its proportionate share of the District's total expenses incurred pursuant
to its adopted 1993/94 fiscal year budget, and providing that such withdrawal is made in
accordance with the provisions of this Agreement.
2. A member agency may elect to withdraw by providing written notice thereof
prior to June 30, 1994".
3. For withdrawal to be effective, written notice of a member agency's
withdrawal shall be in the form of a certified copy of a resolution adopted by the member
agency's legislative body, and shall be deposited in the United States Postal Service via
certified, first-class mail, or transmitted by facsimile or hand delivery on or before the
last day of the election period set forth in Section 2 above, and addressed to:
-2-
I t+h,. ?
General Manager
San Diego Area Wastewater Management District
600 "B" Street, Suite 310
San Diego, CA 92101
4. Upon substantial compliance with the conditions specified in Sections 2 and
3, the withdrawing member shall no longer be considered a member agency of the
District for any reason or purpose. The District shall not impose any rates, charges,
fees, or assessments on a member agency that withdraws or upon any resident or property
owner within the former member's corporate area.
5. The withdrawal of a member agency from the District shall not affect any
rights or obligations of such member under the sewage disposal agreements described in
Section 401 of the Act.
6. The District shall indemnify, defend and save free and harmless a member
agency that withdraws in accordance with this Agreement, and its officers and employees
from and against any and all third party claims, damages, losses, liabilities, cost and
expenses (including reasonable attorneys' fees, expert witness fees and costs) which may
be asserted regarding the right of a member to withdraw under the Act and the effect of
that withdrawal under the Act.
7. Each party hereto agrees that it shall take no action, legal or otherwise, to
compel continued participation of a member agency of the District who withdraws in
accordance with this Agreement, and each party agrees that it shall not provide services
or [mancial assistance to any person or entity to assist such person or entity in taking
-3-
) 4-b~4
action, legal or otherwise, to compel continued participation of a member agency who
withdraws in accordance with this Agreement. Each party further agrees, with respect
to the subject matter of this Agreement, to forbear from taking any action, legal or
otherwise to: nullify actions of the Board of Directors of the District; to challenge the
legal existence of the District subsequent to December 31, 1993; or to seek to recover
any claimed loss or expense incurred by the party as a member of the District.
8. In the event that any term, covenant or condition of this Agreement or the
application of such term, covenant or condition, shall be held invalid as to any person or
circumstance by any court having jurisdiction, all other terms, covenants or conditions
of this Agreement and their application shall not be affected thereby, but shall remain in
force and effect unless a court holds that the invalid provisions are not separable from any
other provisions of this Agreement.
9. This Agreement contains all the representations and the entire agreement
between the parties with respect to the subject matter hereof. Except as otherwise
specified in this Agreement, any prior correspondence, memoranda, agreements,
warranties or representations with respect to the subject matter of this Agreement are
superseded in their entirety.
10. This Agreement may be executed in any number of counterparts. All such
counterparts shall be deemed to be originals and shall together constitute but one and the
same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
-4-
I ~b,ID
executed and attested by their proper officers as of the day and year first above written.
CITY OF CHULA VISTA
By:
ATTEST:
APPROVED AS TO FORM:
City Attorney
CITY OF CORONADO
By:
ATTEST:
APPROVED AS TO FORM:
City Attorney
(Signatures Continued on Page 6)
-5-
(L/h,L/
CITY OF DEL MAR
By:
ATTEST:
APPROVED AS TO FORM:
City Attorney
CITY OF IMPERIAL BEACH
By:
ATTEST:
APPROVED AS TO FORM:
City Attorney
(Signatures Continued on Page 7)
-6-
I L/b~ /;L
CITY OF LA MESA
By:
ATTEST:
APPROVED AS TO FORM:
City Attorney
LEMON GROVE SANITATION DISTRICT
By:
ATTEST:
APPROVED AS TO FORM:
General Counsel
(Signatures Continued on Page 8)
-7-
)Ltb-/3
ATTEST:
CITY OF NATIONAL CITY
By:
APPROVED AS TO FORM:
City Attorney
ATTEST:
OTAY WATER DISTRICT
By:
APPROVED AS TO FORM:
General Counsel
(Signatures Continued on Page 9)
-8-
I ~b 10/'1
ATTEST:
PADRE DAM MUNICIPAL WATER
DISTRICT
By:
APPROVED AS TO FORM:
General Counsel
ATTEST:
CITY OF POWAY
By:
APPROVED AS TO FORM:
City Attorney
(Signatures Continued on Page 10)
-9-
l'Ib,.L5
ATTEST:
CITY OF SAN DIEGO
By:
APPROVED AS TO FORM:
City Attorney
ATTEST:
COUNTY OF SAN DIEGO
By:
APPROVED AS TO FORM:
County Counsel
(Signatures Continued on Page 11)
-10-
L l/b-Ib
ATTEST:
SAN DIEGO COUNTY WATER AUTHORITY
By:
APPROVED AS TO FORM:
General Counsel
ATTEST:
SAN DIEGO AREA WASTEWATER
MANAGEMENT DISTRICT
By:
APPROVED AS TO FORM:
General Counsel
,
(S09)
-11-
Ilf/:;-/7
TInS PAGE BLANK
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MEMORANDUM
November 19, 1993
File No.
TO: Honorable Mayor and City Council
VIA: John Goss, City ManagerJGt ~~) I
FROM: John P. Lippitt, Director of Public WorkS/V'
SUBJECT: Telegraph Canyon Slope Protection Agenda Statement
I apologize for the late delivery of this agenda statement. However, after further review, staff
felt it was necessary to have Council approve this item immediately so the contractor can begin
work. Staff hopes to have the slope protection contract completed prior to beginning of the
ramy season.
lk- )
CITY COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item l~
Meeting Date 11/23/93
Resolution \'\ ~;t() Accepting bids and awarding contract for the
construction of Telegraph Canyon Channel, Interim Slope Protection in the
City of Chula Vista, CA
Director of Public w~
City Manager-.JGt~~ (41Stbs Vote: Yes_No-X)
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on November 10,1993, in the Public Services Building, the Director of Public Works
received sealed bids for the construction of "Telegraph Canyon Channel, Interim Slope Protection",
in the City of Chula Vista, CA. The bid from Interwest Pacific, Ltd. was the only bid received for
the project.
RECOMMENDATION: That the council approve the resolution accepting bids and awarding
contract to Interwest Pacific, Ltd. in the amount of $53,200.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for the construction of this project were appropriated in the FY 1993-94 CIP Budget (DR-122).
This project will provide interim slope protection for certain properties threatened by slope erosion
during last year's rains. The work will consist of installation of gunite and/or rock protection and
minor grading, required to straighten the channel and minimize future erosion.
On April 20, 1993, the City Council accepted a follow-up staff report on the drainage problems within
Telegraph Canyon Channel (copy attached). That report identified 17 properties for erosion protection
(see Exhibit A). This contract will provide protection for only 14 of these properties. The three
properties not included on this contract are located at 179 and 185 Sierra Way and 865 Fairway Court
(see Exhibit A). Slope protection for the properties located at Sierra Way was deemed unwarranted
because of limited erosion to the undeveloped portion of the properties and posed no danger to any
structure. The corrective work required for these two properties would cost about $4,000 (based on
the bid result). The property located at 865 Fairway Court was improved by the property owner and
no further action is required from the City at the present time.
On October 5, 1993, by Resolution 17269, the City Council authorized staff to utilize informal
bidding procedures for certain drainage projects, including this project. The only difference in the
bidding process on this project from that normally used was that we bid it for only three weeks
instead of the customary 30 days. At the conclusion of the bidding period only one bid was received.
This relatively low response caused staff to contact the contractors who had purchased the bid
package, to ascertain the reason(s) for their abstention. The lack of interest was due to the emergency
nature of the work and to the limited scope of work. Apparently, the bid period limitation had no
impact on their decision to not bid on this project.
18-1/1&~3
Item ((
Meeting Date 11/23/93
ENVIRONMENTAL STATUS
The City's Environmental Review Coordinator has determined that this project is statuary exempt
under Section 15269 (c) "Specific actions needed to prevent or mitigate an emergency" of the
California Environmental Quality Act. In addition, a Stream Bed Alteration Permit has been
applied for and is expected to be issued without significant conditions.
PREVAILING WAGE STATEMENT
The source of funding for this project is the Charter Point Deposit Fund. No prevailing wage
requirements were necessary or a part of the bid documents. However, disadvantage business
enterprises were encouraged to participate and the project was advertised with several DBE
publications per the City's outreach policy.
BID RESULTS
The project was advertised for three weeks after which one bid was received for this project even
though thirteen contractors purchased the project's bid package. Additionally, staff sent
complimentary packages to 12 contractors. The lack of interest in bidding the project by some
contractors is due to the emergency nature of the work and to the limited and restricted scope of
work. The low bid of $53,200 received from Interwest Pacific, Ltd. is below the Engineer's
estimate of $57,560 by $4,360 or 7.57%. We have reviewed the low bid and checked the
contractor's references and recommend awarding the contract to Interwest Pacific, Ltd.. Attached
is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
Funds Required for Construction
1. Contract Amount $53,200.00
2. Contingencies (10%) 5,320.00
3. Inspection Staff 3,068.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $61,588.00
Funds Available for Construction
1. DR-122 $61,588.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 61,588.00
FISCAL IMPACT: After construction, only routine City maintenance during the interim period,
amounting mainly to cleaning, will be required.
SA:AR-044
WPC F:\HOME\ENGINEER\AGENDA \tcc.a13
Contractor's disclosure statement. _...~. D
Follow-up report NO't S~~~...-
Attachments:
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RESOLUTION NO. '1 3d- 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF TELEGRAPH
CANYON CHANNEL, INTERIM SLOPE PROTECTION IN
THE CITY OF CHULA VISTA, CA.
WHEREAS, at 2:00 p.m. on November 10, 1993, in the Public
Services Building, the Director of Public Works received one sealed
bids for the construction of "Telegraph Canyon Channel, Interim
Slope Protection", in the City of Chula Vista, CA from Interwest
Pacific, Ltd. in the amount of $53,200.00 which is below the
Engineer'S estimate by 7.57%; and
WHEREAS, funds for the construction of this project were
included in the FY 1993-94 CIP Project Budget (DR-122) and will
provide interim slope protection for certain properties threatened
by slope erosion during last year's rains and will consist of
installation of gunite and/or rock protection and minor grading;
and
WHEREAS, a negative Declaration has been prepared and is
currently within the review period with approval anticipated on
December 12, 1993; and
WHEREAS, a Stream Bed Alteration Permit has been applied
for and is expected to be issued without significant conditions,
however, no work on this project will commence without the approval
of the California Department of Fish and Game or prior to December
12, 1993; and
WHEREAS, the source of funding for this project is the
Charter Point Fund and no prevailing wage requirements were
necessary or a part of the bid documents, however, disadvantaged
business enterprises were encouraged to participate and the project
was advertised with several DBE publications per the City'S
outreach policy.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby accept the one bid and award
the contract for the construction of Telegraph Canyon Channel,
Interim Slope Protection to Interwest Pacific, Ltd., who has
assured the City he is a licensed bidder who can produce an
acceptable performance bond.
John P. Lippitt, Director of
Public Works
I
{Bruce M.
Attorney
BE
Chula vista
contract for
Presented by
C:\rs\TCC.bid
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Item No. 18
REVISED
~
RESOLUTION NO. /7 3:J... 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF TELEGRAPH
CANYON CHANNEL, INTERIM SLOPE PROTECTION IN
THE CITY OF CHULA VISTA, CA.
WHEREAS, at 2:00 p.m. on November 10, 1993, in the Public
Services Building, the Director of Public Works received one sealed
bids for the construction of "Telegraph Canyon Channel, Interim
Slope Protection", in the City of Chula Vista, CA from Interwest
Pacific, Ltd. in the amount of $53,200.00 which is below the
Engineer's estimate by 7.57%; and
WHEREAS, funds for the construction of this project were
included in the FY 1993-94 CIP Project Budget (DR-122) and will
provide interim slope protection for certain properties threatened
by slope erosion during last year's rains and will consist of
installation of gunite and/or rock protection and minor grading;
and
WHEREAS, The City'S Environmental Review Coordinator has
determined that this project is statuary exempt under section
15269 (c) "Specific actions needed to prevent or mitigate an
emergency" of the California Environmental Quality Act; and
WHEREAS, a Stream Bed Alteration Permit has been applied
for and is expected to be issued without significant conditions,
however, no work on this project will commence without the approval
of the California Department of Fish and Game or prior to
December 12, 1993; and
WHEREAS, the source of funding for this project is the
Charter Point Fund and no prevailing wage requirements were
necessary or a part of the bid documents, however, disadvantaged
business enterprises were encouraged to participate and the project
was advertised with several DBE publications per the City'S
outreach policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept the one bid and award
the contract for the construction of Telegraph Canyon Channel,
Interim Slope Protection to Interwest Pacific, Ltd., who has
assured the City he is a licensed bidder who can produce an
acceptable performance bond.
)~/7
the City of
xecute said
John P. Lippitt, Director of
Public Works
IT FURTHER RESOLVED that the Mayor of
is hereby authorized and directed to
and on behalf of the C.l,~y;;1' Chula vis
1)4>p ved
!
/~
{Bruce M. Boogaar ,
Attorney
BE
Chula Vista
contract for
Presented by
COUNCIL AGENDA STATEMENT
Item
If
Meeting Date
11/23/93
ITEM TITLE: Resolution authorizing issuance of bonds
in an aggregate principal amount not to exceed
$18,000,000 to refinance the outstanding
obligations of the City to the California Public
Employees Retirement System (PERS)
SUBMITTED BY: Assistant City Manager~1
Director of Finance ~
REVIEWED BY:
City Manager
(4/5ths Vote: Yes___ No~)
The City of Chula Vista has been contracting with PERS since 1948
to provide a retirement system for its employees. Since that time,
the City has made changes to its retirement program including, but
not limited to, the annexation of the Montgomery Fire Protection
District (Nov. 1986), the implementation of 2% at 50 for its safety
employees and single highest year retirement for all employees, and
the addition of the 1959 Survivors Benefit. Each of these
changes/enhancements has affected the actuarial cost of the
retirement program to the City. To pay for the increased costs
created by the retirement system enhancements, the City entered
into an agreement with PERS to pay these increased costs over time.
PERS charges the City 8.75% interest, and the City has a current
balance of approximately $16,050,000 to be paid by the year 2011.
The purpose of this agenda statement is to outline for Council the
rationale for issuing Pension obligation Bonds (POB's) at a rate
lower than the current interest charged by PERS, thus realizing an
anticipated debt service savings of $320,000 to $415,000 per year
in General Fund dollars.
RECOMMENDATION: That the City Council:
1) Authorize staff to issue bonds, payable from the General
Fund of the City, under the Bond Law in an aggregate principal
amount not to exceed $18,000,000 for the purpose of financing the
PERS obligations of the city which are due and owing to PERS. The
Bonds shall be issued and sold in accordance with documentation to
be approved by the city Council following the conclusion of
proceedings described in Recommendation 2 below.
2) Authorize staff to begin the institution of
validation proceedings with the firm of Jones, Hall,
White, a Professional Law corporation.
judicial
Hill and
3) Waive the formal bidding process related to the issuance
of bonds and the jUdicial validation proceedings.
/1--/
Item
Meeting Date
11/23/93
BOARDS AND COMMISSIONS RECOMMENDATION: Not Applicable.
BACKGROUND
There are three basic ways in which cities typically create an
actuarially unfunded liability:
1) The original contractual arrangement with PERS created an
unfunded liability to actuarially cover existing employees;
2) Enhancements to the retirement system can also create an
unfunded liability for existing employees; and
3) Actuarial cost estimates are sometimes lower than actual
experience and thus create an unfunded liability.
PERS recognizes that actuarially it does not need full payment of
the unfunded liability created by the above conditions and
therefore allows cities to "finance" these charges over time. The
annual payment made to PERS includes our current PERS charges and
paYment toward the unfunded liability.
As noted above the City of Chula Vista has a current unfunded
liability with PERS of approximately $16,050,000 (Please see
Attachment A: Miscellaneous - $4.3 million and Safety $ 11.8
million). Through a contractual arrangement with PERS, the City
makes annual paYments to PERS composed of two parts. The regular
contribution portion, currently $2.8 million, is to support the
ongoing obligations of its employees as service time is accrued.
The other portion of the contribution, $1.23 million, is to pay for
the City's unfunded accrued liability. The City agreement with
PERS requires final payment due by the year 2011 and is at an
interest rate of 8.75%. The rate charged by PERS is in effect a
variable rate debt with the annual payment adjusted each year based
upon the return PERS earns on its investments, the average long
term annual interest charged is projected by PERS to be 8.75%.
Recently, the City was contacted by Grigsby Brandford and Co.,Inc.
regarding ref inancing opportunities in the current bond market. As
proposed by Grigsby, the City could issue Pension obligation Bonds
to payoff the PERS loan at a rate significantly lower (currently
estimated at a fixed rate of 6.75%) than that currently charged by
PERS. The estimated debt service savings are projected to range
from $320,000 to $415,000 annually. This is equivalent to $7.46
million over the life of the loan and has a present value estimated
at $4.34 million. (Please see Attachment B.)
jq-;L
Item
Ii
Meeting Date
11/23/93
The sale of POB's is a new financing technique available to
municipalities. If implemented, the City of Chula Vista would be
one of the first municipalities to take advantage of this
opportunity. staff's research has shown that the city of San Diego
as well as Los Angeles County have begun the process described in
this agenda statement. The City of Sonoma recently completed its
Pension Obligation financing and the County of San Diego recently
approved a similar resolution regarding its unfunded liability.
As with any new financing opportunity, there are potential risks.
In this case, the City is basing its decision to issue bonds on the
fact that the projected long term variable rate of 8.75% will
remain fairly constant and that a lower fixed rate is available.
According to PERS actuary staff, the staff proposal appears to be
a low risk option to the City. Staff will continue its evaluation
of the overall impact to the City and report back if there are
significant findings.
PROCESSING
Time is of the essence regarding this proposal. There appears to
be significant interest in this financing opportunity throughout
California. Staff is recommending that the City Council adopt the
proposed resolution at this time in order that staff can begin the
judicial validation proceedings, a step required by law because the
legality of the proposed financial arrangement is not entirely free
of legal speculation. The resolution, once adopted, will be the
basis of a validation action in the courts to insure its legality.
The validation process is also a time consuming step in the sale of
these bonds which requires approximately 45 days to complete.
Validation of bonds is not new to the City and is part of the due
diligence process. Last year the city validated the bond issue
done on behalf of SDG&E.
At the same time staff will be meeting with bond and legal
counsels, in conjunction with the City Attorney and his staff, to
process the necessary paperwork for the sale of these bonds.
By expediting the sale of these bonds, staff will be able to take
advantage of early market conditions and thus not suffer the
effects of inflated market prices once other municipalities begin
to implement their own bond sales.
Tonight's action is necessary for staff to begin the bond sale
process, and although Council is authorizing the sale of bonds with
the adoption of the proposed resolutions, staff will not proceed
with the sale without first notifying the City Council.
/7-3
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Item
Meeting Date
11/23/93
WAIVER OF THE BIDDING PROCESS
As noted above, time is of the essence. Market conditions are not
static and rates could increase in a short period of time, thus
negating the advantage currently enjoyed in the bond market. It is
on this basis that staff is recommending that Council waive the
normal bidding process and authorize staff to proceed with the
sale of bonds using Jones, Hall, Hill and White as bond counsel,
and Grigsby Brandford and Co., Inc. as underwriter. The City has
used Jones, Hall, Hill and White extensively over the years in
previous bond sales and has recently used Grigsby Brandford and
Co. ,Inc. in the sale of SDG&E bonds. The City is very satisfied
with the service received on both accounts. If the City is
required to utilize the normal bidding process to secure the
services of bond and legal counsels, there is significant reason to
believe that the market conditions will change and the current
opportunity will be lost.
FISCAL IMPACT
Based on current market conditions, the City could save
approximately $320,000 to $415,000 annually in debt service
payments to PERS. The long term benefit to the City is
approximately $7.46 million. Fees for Jones, Hall, Hill & White
and Grigsby Brandford will be paid for from the proceeds of the
bonds.
B: \(AGENDA)\UNFUN L1A. PER
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Circular Letter
Attachment A
Date: April 1, 1993
Reference No.:
Califomia Public Employees' Retirement System
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326.3420
Telecommunications Device for the Deaf
No Voice (916) 326.3240
Circular
Lener No.: 200-267
Distribution: I, liB, VI
Special:
.,0: ALL COlilTRAC'1'ING PUBLIC &GDCIES
.UBJBC'1': BKPLOYER CONTRIBUTION RATES UPEC'1'IVE JOLY 1, 19.3
Enclosed is the actuarial valuation report(s) showing the new
employer contribution rate(s) for your agency. This rate is the
result of the systemwide actuarial valuation based on the member
data and the benefits currently provided by your agency's
contract with the system as of June 30, 1992.
These new employer contribution rates shall be appl~ed to the
first service period which ends on or after July 1, 1993. To
illustrate:
A service period covering 06/16/93 through 06/30/93
use the old rate.
A service period covering 06/17/93 through 07/01/93
use the new rate.
This year, ledger assets are again ~djusted to reflect a portion
of the unrealized gains/losses within the Public Employees'
Retirement Fund. This year's adjustment increases ledger assets
by 9.7 percent as compared to 10.6 percent last year. The
employer assets are adjusted for the full amount of the market
adjustment and the employee assets are adjusted by one-third the
aarket adjustment (see Explanation of Actuarial Balance Sheet).
The economic and the noneconomic assumptions were carried over
from the previous valuation.
SB 1015 (Chapter 1656 of 1990), changed the way the surplus
assets are calculated. with the exception of the 1959 Survivor
Benefit Accounts, only 80 percent of the excess funds have been
transferred to the surplus asset accounts to be effective July 1,
1993. The remaining 20 percent was used in determining the
employer contribution rate. The remaining 20 percent appears as
a negative unfunded liability on the balance aheet. The legisla-
tion will phase-out the surplus asset accounts over a five year
period. (See supplement~l.Actuarial Information for additional
information) .
PER5-0SWt-H, (ROY, 6111)
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i _LUATION AS OFG6-!0....92
RUN DATE: 04-02-93
EMPLOYER NUMBER: 0195
I
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PUBLIC EMPLOYEES RETIREMENT SYSTEM
ACTUARIAL VALUATION REPORT
CHULA VISTA CITY OF
,.JSCELLANEOUS
BENEFIT AMOUNT CONTRIBUTION RATES
CURRENT SERVICE
NORMAL COST 6.316
~FUNDED ACTUARIAL LIABILITY .;27'.055 &.543
7.859"
DEATH
NORMAL COST 0.061
UNFUNDED ACTUARIAL LIABILITY 0 0.000
0.061"
1959 SURVIVOR
NORMAL COST 0.000
UNFUNDED ACTUARIAL LIABILITY 0 0.000
0.000"
PRIOR SERVICE
UNFUNDED ACTUARIAL LIABILITY 0 0.000 0.000%
TOTAL EMPLOYER RATE EFFECTIVE 07/01/93 7.920%
PRESENT EMPLOYER RATE 7.494"
~ED ON CURRENT ACTUARIAL ASSUMPTIONS, THIS CONTRIBUTION RATE
*ILL MEET ALL ONGOING COSTS AND FUND THE UNFUNDED ACTUARIAL
~IABILITIES BY THE TIMECS) SPECIFIED.
IIRIOR SERVICE BY 2000
~HER BENEFITS BY 2011
CCONTRACT SERVICES DIVISION, APRIL 2, 1993)
It --t
RUN DATE: 04-02-93
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PUBLIC EMPLOYEES RETIREMENT SYSTEM
ACTUARIAL VALUATION REPORT
CHULA VISTA CITY OF
IAfETY
BENEFIT
AMOUNT
y
?J'
tj
CURRENT SERVICE
NORMAL COST
~UNDED ACTUARIAL lIABILITY
. ,286,858
DEATH
NORMAL COST
UNFUNDED ACTUARIAL LIABILITY
o
1959 SURVIVOR
NORMAL COST
UNFUNDED ACTUARIAL LIABILITY
o
PRIOR SERVICE
UNFUNDED ACTUARIAL lIABILITY
.86,508
ONE-TIME AD HOC INCREASE FOR RETIREES
SEC. 21222.85
TOTAL EMPLOYER RATE EFFECTIVE 07/01/93
PRESENT EMPLOYER RATE
. -
EMPLOYER NUMBER: 0195
CONTRIBUTION RATES
14.506
4it.6.981
21. 48 7"
0.066
0.000
0.066"
0.000
0.000
0.000"
_"05 0.605"
0.191 0.191"
22.349"
21.563"
~D.N CURRENT ACTUARIAL ASSUMPTIONS, THIS CONTRIBUTION .AT~
~~~,.EET ~Ll-~;OI~COSTS ANDFUHD ~E UNFUNDED ACTUARI~
LIABILITIES IY THE TIMECS) SPECIFIED.
PRIOR SERVI~E IY_,,200D
~~THER IENEF1TS IV.2011
(CONTRACT SERVICES DIVISION, APRIL 2, 1993)
/J-7
Attachment B
City of Chula Vista
Pens i on Obl igation Bonds (Taxable)
Noveniler 16, 1993 analysis
DEBT SERVICE COMPARISON FROM 1/15/1994
DATE PRINCIPAL INTEREST NEW NET D/S PR I OR NET D/S SAVINGS
7/01/1994 485,000.00 334,146.25 819,146.25 1,233,179.00 414,032.75
7/01/1995 260,000.00 649,377.50 909,377.50 1,321,104.00 411,n6.50
7/01/1996 365,000.00 637,677.50 1,002,677.50 1,415,299.00 412,621.50
7/01/1997 485,000.00 619,427.50 1,104,427.50 1,516,210.00 411,782.50
7/01/1998 615,000.00 ....S9l,237.S0 .1,208,237.50 .1J.624,316':00 416,078.50
7/01/1999 770,000.00 558,490.00 1,328,490.00 1,740,129.00 411,639.00
7/01/2000 630,199.35 817,860.65 1,448,060.00 1,864,201.00 416,141.00
7/01/2001 673,575.70 909,484.30 1,583,060.00 1,997,118.00 414,058.00
7/01/2002 710,052.20 1,013,007.80 1,n3,060.00 2,139,513.00 416,453.00
7/0112003 .145,249.05 t,132,810.95 1,878,060.00 ..2,292,.060.00 414,000.00
7/01/2004 m,129.25 1,264,930.75 2,038,060.00 2,455,484.00 417,424.00
7/01/2005 798,762.00 1,414,298.00 2,213,060.00 2,630,560.00 417 ,500.00
7/0112006 743,325.00 1,469,735.00 2,213,060.00 2,630,560.00 417,500.00
7/0112007 .691,067.00 1,521,993.00 2,213,060.00 2,630,560.00 417,500.00
. 1/01i2()08 1,705,000.00 . ..513,060.00 . >2.218,060.00 .2,630,560~OO 412,~OO.00
7/01/2009 1,820,000.00 397,120.00 2,217,120.00 2,630,560.00 413,440.00
7/0112010 1,945,000.00 273,360.00 2,218,360.00 2,630,560.00 412,200.00
7/01/2011 2,075,000.00 141,100.00 2,216,100.00 2,630,560.00 414,460.00
TOTAL 16,290,359.55 14,261,116.70 30,551,476.25 38,012,533.00 7,461,056.75
Grigsby Brandford & Co., Inc.
Investment Bankers
FILE = PENSION
11/16/1993 2:28 PM
GROSS PRESENT VALUE DEBT SERVICE SAVINGS
$4,312,155.68
Other Benefits....................................
Deposit to Debt Service Fund......................
Amount released from Prior Issue DSR Funds........
25,989.15
Other Costs.......................................
Cash Contribution.................................
Transfers from Prior Issue Debt Service Fund......
NET PRESENT VALUE BENEFIT
$4,338,144.83
Savings as a % of refunded bond principal emount..
27.0302854%
/f-f
RESOLUTION NO. )7 31 L}
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING ISSUANCE OF BONDS
IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $18,000,000 TO REFINANCE THE OUTSTANDING
OBLIGATIONS OF THE CITY TO THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the City of Chula vista (the "City") has
previously elected to become a contracting member of the California
Public Employees' Retirement System ("PERS"), and as such the City
is currently obligated to make certain paYments to PERS (the "PERS
obligations"); and
WHEREAS, the City is authorized pursuant to the
provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division
2 of Title 5 of the California Government Code, commencing with
section 53570 of said Code (the "Bond Law"), to issue its bonds for
the purpose of refunding certain outstanding obligations of the
City, including the PERS Obligations; and
WHEREAS, in order to refund the PERS Obligations and
thereby realize substantial interest savings, the City proposes at
this time to authorize the issuance of its bonds under the Bond Law
for the purpose of refinancing the PERS obligations; and
WHEREAS, the City Council wishes at this time to
authorize the issuance of such bonds and the institution of
judicial proceedings to determine the validity thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Chula vista as follows:
section 1. Authorization of Bonds. The City Council
hereby approves the issuance of its bonds, payable from the general
fund of the City, under the Bond Law in the aggregate principal
amount of not to exceed $18,000,000 for the purpose of financing
the PERS Obligations of the City which are due and owing to PERS.
The Bonds shall be issued and sold in accordance with documentation
to be approved by the City Council following the conclusion of the
proceedings described in section 2 below. The bonds shall be
issued pursuant to an Indenture of Trust by and between the city
and First Interstate Bank of California, as trustee, in
substantially the form on file with the city Clerk.
section 2 . Institution of Judicial Validation
Proceedings. In order to determine the validity of the bonds which
are hereby authorized to be issued pursuant to the provisions of
section 1, the City Council hereby authorizes the law firm of Jones
Hall Hill & White, A Professional Law corporation, in concert with
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the city Attorney, to prepare and cause to be filed and prosecuted
to completion all proceedings required for the judicial validation
of the bonds in the superior Court of San Diego County, under and
pursuant to the provisions of sections 860 et ~ of the Code of
civil Procedure of the State of California.
LYman Christopher
Director of Finance
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Bruce Boogaard
city Attorney
take
section 3. Effective Date. This Resolution
effect from and after the date of its passage and ado
Presented by
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