HomeMy WebLinkAboutAgenda Packet 1991/09/10
"I declaro t'n~er penaHy of perjury that 1 am
em~;o::'-rd by the C:ity oi Chu!:) Vi3ta in the
Ofi'!c'3 cf -,:~o Ci~1' CI~r~: (.~~d t;;:.!~ ! po:::ri:cd
this I-\::cn:;~;li'~~',j:G ~:,\ tr,c Eqli~,in Ooara at
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Tuesday, September 10, 1991!:;'\TEU:.~~/9 / S!Gi'H:'D ~ - " Council Chambers
6,00 p,m. / Public Services Building
ReS(l1lar MeetinS?: of the City of Chula Vista City Council
CALL TO ORDER
1.
ROlL CALL:
Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone -' and
Mayor Nader _'
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: August 27,1991
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Gloria Hicks - Human Relations Commission
b. Proclaiming the week of September 15-21, 1991 as "National Adult Day Care Center Week'.
The proclamation will be presented by Mayor Pro Tern Moore to Nancy Hitchcock, Program
Manager of the South Bay Adult Day Health Center.
CONSENT CALENDAR
(Items 5 through JO)
The staff recommendations regarding the fol/owing items listro undo the Consent Cil/endI11' will be eTIIJded by the
Council by one motion witJwut discussion unless a Counci/member, a member of the public or CUy staff requests
that the item be pulled for discussion. If you wish to speak 011 one of these items, pkase fill out a .&quest to
Speak Form' available in the lobby and submit it to the CUy C1erfc prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items puUed from the Consent Calendar will be discussed after Public Hearings and Oral
Communications. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Request to allow "kiddie rides' in Otay Park on October 19th for the Community Fair -
Richard Hermosillo, Fair Chairman, Dtay Committee. Staff recommends approval subject
to staff conditions.
b. Request for changes in present Cardroom Ordinance - Rosemary Burger, Secretary Vegas
Club Inc. It is recommended that the request be referred to staff for review.
c. Request for waiver of the Initial Study and fee ($1,000+) as required by the Design Review
_ John T. Sigurdson, Project Architect.
Agenda
-2-
September 10, 1991
d. Request for waiver of Conditional Use Permit Fees ($175), Design Review Fees ($200), and
Building Permit Fees for temporary classroom - Rev. Roger Wagner, Bayview Orthodox
Presbyterian Church, 505 E. Naples Street, Chula Vista, CA 92011.
e. Request to eliminate dangerous conditions on Main Street at Albany - Antonio Castro, Sr.,
158 Tenth Street, Chula Vista, 91910
6. ORDINANCE 2477 ESTABUSHING A SPECIAL SEWER RATE AREA FOR TIiE WOODCREST
TERRA NOVA SUBDMSJON (first readinst) - The ordinance establishes a
special sewer service rate area to provide for City costs associated with
maintenance and operation of a sewer pump station serving the Woodcrest
Terra Nova Subdivision. Staff recommends Council place ordinance on first
reading. (Director of Public Works)
7.A. RESOLUTION 16338 AMENDING TIiE (J1Y GENERAL PLAN FROM "RESEARCH AND UMITED
MANUFACTURING" TO "RETAIL COMMERCIAL" FOR TIiE MONTGOMERY
SPECIFIC PLAN FROM "RESEARCH AND UMITED INDUSTRIAL" TO
"MERCANTILE AND OFFICE COMMERCIAL" CERTAIN TERRITORY
GENERAIJ.Y BOUNDED BY MAIN STREET TO TIiE NORTH, BROADWAY
(BEYER BOULEVARD) TO TIiE EAST, FAIVRE STREET TO TIiE SOUTH,
AND 27TH STREET TO TIiE WEST (ASSESSORS PARCEL NUMBERS 629-
040-01 AND 629-010-01) AND AMENDING TIiE LAND USE DIAGRAM OF
TIiE (J1Y GENERAL PLAN BY REDESIGNATlON FROM "LOW-MEDIUM
DENSI1Y RESIDENTIAL (3-6 DUlAC)" AND "SPECIAL STUDY" TO "RETAIL
COMMERCIAL" FOR APPROXIMATELY 3.65 ACRES OF LAND, LOCATED
AT TIiE SOUTHEAST CORNER OF EAST H STREET AND OTAY LAKES
ROAD - The City initiated proposal involves the rezoning of the Otay
Market property. The Kelton Title site (Otay Lakes Plaza) is privately
initiated. Adoption of the resolution and ordinance will implement Council
actions taken on these items at the public hearing held 8/27191. Staff
recommends approval of the resolution and that Council place the
ordinance on first reading.
B. ORDINANCE 2478 REZONING CERTAINTERRITORYGENERAIJ.YBONDED BYMAIN STREET
TO TIiE NORTH, BROADWAY (BEYER BOULEVARD) TO TIiE EAST,
FAIVRE STREET TO TIiE SOUTH, AND 27TH STREET TO TIiE WEST
(ASSESSORS PARCEL NUMBERS 629-040-01 AND 629-010-01) FROM
TIffiIR (J1Y-ADOPTED COUN1Y ZONE CLASSIFICATION C-37 TO (J1Y
CLASSIFICATION C-T-P AND TO CHANGE TIiE ZONING CLASSJFICATlON
FROM R-1 TO C-C-P FOR APPROXIMATELY 3.65 ACRES OF LAND
LOCATED AT TIiE SOUTHEAST CORNER OF EAST H STREET AND OTAY
LAKES ROAD (first readinst)
8. RESOLUTION 16339 RATIFYING A THREE YEAR AGREEMENT WITH TIiE CHAMBER OF
COMMERCE FOR GENERAL INFORMATION SERVICES - The previous
contract with the Chamber was for one year with two one-year extensions.
The proposed contract effectively extends the agreement for three years
with some amendments to services and payment schedule. Staff
recommends approval of the resolution. (Deputy City Manager Thomson)
Agenda
-3-
September 10, 1991
9. RESOLUTION 16340 APPROVING SETI1.EMENT AGREEMENT, RELEASE AND MODIFICATION
WIlli CHULA VISTA CABLE AND PROVIDING NOTICE TO CHULA VISTA
CABLE OF A "RENEGOTIATION INTERVAL" PURSUANT TO SECTION
3.b.(1) OF TIlE FRANCHISE AGREEMENT - The purpose of the settlement
agreement is to resolve two ongoing issues with Chula Vista Cable: 1) past
due franchise fee payments to the City, and 2) responsibility for possessory
interest taxes levied by the County. The resolution also provides notice of
a "renogiation interval'. Staff recommends approval of the resolution.
(Director of Finance)
10. RESOLUTION 16341 AMENDING TIlE SEWER SERVICE CHARGE VARIANCE FOR TIlE CHULA
VISTA ELEMENTARY SCHOOL DISTRIcr - On 6/4/91, Council adopted a
new rate schedule for sewer service charges. The existing sewer service
variance which was granted to the Chula Vista Elementary School District
in 1965 has never been updated. In order to comply with these new rates
and to correct several other issues, the variance must be amended. Staff
recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearinr-< as required by liJw. If you. wish to speflk
to any iIem, plEase fiO out the "Request to Speak Form" availablE in the lobby and mbmit it to the City Clerk prior
to the meeting. (ComplEte the green form to speflk in favor of the staffrecommendation; complEte the pink form
to speak in opposition to the staff recomrnendll1ion.) Comments are limiIed to five minutLs per individuaL
11.
PUBUC HEARING
PROPOSED ISSUANCE BY TIlE INDUSTRIAL DEVELOPMENT AUTIlORITY
OF TIlE CITY OF CHULA VISTA OF INDUSTRIAL REVENUE BONDS IN AN
AMOUNT NOT TO EXCEED $4 MIlJ.lON FOR TIlE PURPOSE OF
ASSISTING TIlE FINANCING OF A FACIUTY TO BE LEASED AND
OPERATED BY GOID COAST ENGINEERING, INC. - On 8/13/91, the
Industrial Development Authority approved an inducement resolution for
the issuance of up to $4 million in Industrial Development Bond aDB) for
the construction of manufacturing facilities by Gold Coast Engineering
(Sutherland/Palumbo Partnership). The proposed IDB's must be issued in
compliance with the Federal Internal Revenue Code in order to maintain
their tax exempt status. This code requires public hearing and approval byDthe public agency (Ciry) sponsoring the IDB's. Applications for financing
will be submitted to the California Industrial Development Financing
Advisory Commission (CIDFAC) and the California Debt Limit Allocation
Commission (CDLAC) for review and approval. Staff recommends Council
hold the public hearing and approve the resolution. (Director of
Community Development)
RESOLUTION 16342 APPROVING A PROJEcr FOR GOID COAST ENGINEERING, INC. AND
SUTIIERLANDIPALUMBO, A CAIJFORNIA GENERAL PARTNERSHIP
Agenda
-4-
September 10, 1991
ORAL COMMUNICATIONS
This is an opportuniLy for the general public to address the City Council on any subject moJteT within the Council's
jurisdU;tion tJwt is not an item on this agenda. (State lilw, however, generally prohibits the City Council from
Ulking action on any issues not iru:bJded on the posted agenda.) [fyou wish to address the Council on sud& a
subject, please complete the yellow "Request to Speak Under Oral ComnwniI:ations Form" avaiJobk in the lobby
and submit it to the City Clnk prior to the meeting. Those who wish to speak, p1ease give your 1I/JnU! and address
for record purposes and follow up action. Your tinre is limited to three minutes per speaker.
ArnON ITEMS
The items listJ!d in this section of the agenda are erpected to elicit subSllllltid discussions and deliberations by the
CoundI, staff, or members of the general publil:. The items will be considered individually by the Council and staff
recommendations may in certain cases be presenkJi in the altmtative. Those who wish to speak, pkase fill ouJ
a "Request to Speak" form availabk in the lobby and submit it to the City Clnk prior to the meeting. Public
commeras are limiJEd to five minutes.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the tinre the City Council will consider items whidl have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or CommiJ1ees.
None submitted.
ITEMS PULLED FROM TIffi CONSENT CALENDAR.
This is the tinre the City Council will discuss items whidl have been removed from the ConsenJ CalnuJm. Agenda
items pulled at the request of the public will be considered prior to those pulled by CounciImembers. Public
comments aTe limited to five minutes per individual.
OTHER BUSINESS
12. (J1Y MANAGER'S REPORTCS)
a. Scheduling of meetings.
13. MAYOR'S REPORTCS)
14. COUNCIL COMMENTS
Councilman Rindone: Undergrounding of utilities on 5th Avenue between "L" and Orange Streets
Agenda
-5-
September 10, 1991
Councilman Moore: Reconsideration of request for deferral of undergrounding of utilities by Toys R Us.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - White versus City of Chula Vista
Pending litigation pursuant to Government Code Section 54856.9 - City of Chula Vista versUS
CalTrans - SR 125.
Potential litigation pursuant to Government Code Section 54956.9 - County trash diversion to city
landf1ll.
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both), and mid-management and executive management pursuant to Government Code Section
54957.6.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September
17, 1991 at 6:00 p.m. in the City Council Chambers.
September 6, 1991
FROM:
SUBJECT:
The Honorable Mayor and City Council
Sid W. Morris, Assistant City Manager~
~
City Council Meeting of September 10, 1991
TO:
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, September 10, 1991. Comments regarding
Written Communications are as follows:
5a. This is a request from the Otay Committee to allow "kiddie rides" in
Otay Park on October 19th for the Community Fair. Staff will be meeting
with the Otay Committee on September 9 in order to ensure that the City
is provided a hold harmless agreement and evidence of the City's being
named additional insured for $1 million in liability coverage, as has
been recommended by the City's Risk Manager. The "kiddie rides" consist
of a miniature train ride, a merry-go-round, and and Astro Jump. IT
IS RECOMMENDED THAT APPROVAL BE GRANTED, CONTINGENT ON STAFF'S CONDITIONS
BEl NG MET.
5b. IT IS RECOMMENDED THAT THE REQUEST FOR CHANGES IN THE CITY'S PRESENT
CARDROOM ORDINANCE, RECEIVED FROM ROSEMARY BURGER OF THE VEGAS CLUB INC.,
BE REFERRED TO STAFF FOR REVIEW AND REPORT BACK.
5c. IT IS RECOMMENDED THAT THE REQUEST FOR WAIVER OF THE INITIAL STUDY FEE
FOR RISEN SAVIOR LUTHERAN CHURCH BE WAIVED, IN ACCORDANCE WITH COUNCIL
POLICY NO. 267-05. The EIR referred to in the letter in connection with
Bonita long Canyon development was done in 1978-79, and therefore an
Initial Study will be required in order to determine what changes have
occurred since that time so that we may accurately assess potentially
significant environmental effects. .Thus, the request to waive the Initial
Study itself cannot be granted.
5d. IT IS RECOMMENDED THAT THE REQUEST FOR WAIVER OF THE CONDITIONAL USE
PERMIT AND DESIGN REVIEW FEES FOR BAYVIEW ORTHODOX PRESBYTERIAN CHURCH
BE APPROVED IN ACCORDANCE WITH COUNCIL POLICY 267-05. However, it is
NOT RECOMMENDED THAT THE BUILDING PERMIT FEES BE WAIVED, inasmuch as
these fees cover the cost of field inspection services and plan review.
Requests for waiver of building permit fees have not previously been
approved by Council.
5e. This is a letter from Mr. Antonio Castro, Sr., regarding alleged dangerous
conditions on Main Street at Albany. Attached is a memo regarding this
subject from the Director of Building and Housing providing a status
on this complaint. IT IS RECOMMENDED THAT MR. CASTRO'S LETTER BE RECEIVED
AND FILED AND THAT HE BE PROVIDED A COPY OF THE DEPARTMENT'S MEMO.
SWM:mab/51
September 5, 1991
DEPARTMENT OF BUILDING AND HOUSING
TO:
VIA:
FROM:
SUBJECT:
HoIlOIabIe Mayor 8'Kf City =
:==:~~fij'~
WRITTEN COMMUNICATIONS
ABRE TOWING - CAR AUCTION COMPLAINT
3487 MAIN ST.
__________________________==___==____a==_____==
,
In response to Councl's request and the most recent written correspondence from Mr.
Castro, staff Is providing the following report regarding the auto auction activities
associated with the business located at 3487 Main Street. As reported in Council's
package of August Zl, 1991, staff has been working with the owner of the towing service,
Mr. Bo Lemler, to relocate that portion of the operation that has bUn the source of the
complaints from the adjacent neighbors, namely the auto auction. Mr. Lemler has been
working with the City of San Diego for approximately a year in his efforts to relocate the
auction portion of the business. It is anticipated that he will receive authorization to begin
that move on October 1, 1991.
Mr. Lemler is currently under contract with the Federai Government to release cars that
are sold at the periodic Federai Marshai's sponsored 'auctions. These auctions are
normally held once fNery three to four weeks.
As a result of these complaints and additionai research conducted by City staff, the Code
Enforcement DivIsion of the Department of Building and Housing has Issued a Notice and
Order to Abre Towing to cease operating that portion of his business relating to the
Federal Marshai's sponsored auction. Staff felt It was appropriate to give Mr. Lemler 60
days to address his existing contractuai obrlgations with the Marshai's Office by either
relocating the operation to the new facility within the City of San Diego or some other
arrangement that would result in the operation ceasing at the Abre Towing site.
Code Enforcement staff will continue to monitor the situation and solicit the assistance of
the Po&ce Department as warranted to respond to the complaints relating to on-street
parking.
KGUbwr
(D:\wp51\abretow)
00: George Kremp!, Deputy City Manager
..
..
COUNCIL AGENDA STATEMENT
ITEM ~b
MEETING DATE 9/1 0 / 91
ITEM TITLE: Proclamation - PROCLAIMING THE WEEK OF SEPT 15-21, 1991 AS
"NATIONAL ADULT DAY CARE CENTER WEEK"
SUBMITTED BY:
Mayor Tim Na~
The proclamation declaring the week of September 15 through
September 21, 1991 as "NATIONAL ADULT DAY CARE CENTER WEEK" will
be presented by Mayor Nader to Ms. Nancy Hitchcock, Program
Manager of the South Bay Adult Day Health Center.
(4/STHS VOTE: YES_ NO~
t..\b -\
~ ;~"j; AUG 231991
OT A Y COMMITTEE, L__...___~.j
of the CITY OF CHULA VISTA l c~UG':,~~,':,~F;.I,:[S
BOARD MEMBERS
DAVID PEREZ
CHAIRMAN
HONORABLE TIM NADER AND COUNCIL:
CHET MULLIS
VICE CHAIRMAN
TONY CASTRO
The Otay Town Ccmnittee will be sponsoring a Carrmunity Fair
on Oct. 19th between the hours of 10 a.m. and 4 p.m.
The purpose of this letter is to solicit the support of the
mayor and council with respect to certain aspects of the
planned attractions.
The Otay corrrnittee had made preliminary arrangements for
"kiddie rides" to be placed on the Otay Park site, now we've
been told that there may be some disaggreement with the Dept.
of Parks and Rec. on the propriety of staging such attractions
on a park site.
The contractors preliminary arrangements include $1,000,000
worth of liability insurance and we would like to clear up
any problems in this regard as soon as possible.
ELEANA LOERA
SECRETARY
RICK HERMOSILLO
TREASURE
DR.CARLOS SANCHEZ
ESTELLA JUAREZ
JUAN MARTINEZ
RUTH BUCIO
MANUEL PEREZ
STEVE PALMA
Any questions can directed to me
RICHARD HER/-i)SILLO, FAIR CHAIRMAN
m '''~
~,
XC: CITY COUNCIL
DIR OF PARKS & REC
FOR WRITTEN CO}ll1S
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DANIEL E. LUNGREN
Attorney General
StaU a/California
DEPARTMENT OF JUSTICE
March 1, 1991
P.O. BOX 163029
SACRAMENTO. CA 95816-3029
(916) 739.5446
TO: CALIFORNIA CARDRCCM a-mERS, INVESl'ORS, AND MANAGERS
SUBJECl': PLAYING OF "TEXAS HOLD'EM" AND "srtJD roKER"
As you are probably aware, sane confusion has existed concerninj the
specific games covered by the "stud-horse poker" proscription contained within
California Penal Code Section 330 (330 PC). In 1947, the Office of the
Attorney General published an opinion which stated in part, "[I] t is our
conclusion that 'stud-horse poker' is identical with 'stud poker.'" This
opinion has been the basis for the position taken by the Department of Justice
that "stud poker" is proscribed by 330 PC. Further, the Department had taken
the position that the poker game known as "Texas Hold'em" is a variation of
"stud poker" and is therefore also proscribed by 330 PC. This position
resul ted in a court case which challenged the Department's inclusion of "Texas
Hold'em" in the category of "stud poker" games. An appellate court recently
ruled that, ..the poker game known as Texas Hold'em is not a form of stud-horse
poker proscribed by section 330."
While this ruling has resulted in sane clarification of the "stud-horse
poker" proscription in 330 PC, two thinjs must be remembered. They are:
1. Although the appellate court has ruled that "Texas Hold 'em"
is not proscribed by 330 PC, this does not mean the game can
be offered by all California cardroans. Section 19801 of
the Gaming Registration Act states in part, "NJthinj in this
chapter shall be construed to preempt the authority of any
city, county, and city and county...fran imposinj any valid
local controls or conditions on gaming..... Section 19824 of
the Act further states, "The provisions of this chapter
shall not prohibit the enactment, or enforcement of any
ordinance by any county, city, or city and county relatinj
to gaming clubs..." Based on these sections, local
authorities can and do enact ordinances which further
restrict gaming operators in jurisdictions. As a result,
card roan operators in jurisdictions which prohibit "Texas
Hold' em" cannot offer this game. Therefore, it is strongly
recarrnended that prior to offering "Texas Hold' em," cardroan
operators consult with local authorities to determine
whether this game can be played.
2. The appellate court decision did not include a definitive
ruling regarding which games are prohibited by the "stud-
horse poker" proscription in 330 PC. A request for a review
of that decision was denied by the Supreme Court.
?j,..3
-2-
Therefore, lacking any clear guidance fran the courts to the
contrary, the Department will continue the p:JSition on "stud
poker" stated in the first paragraph of this bulletin.
Based on this p:JSition, the Gaming Registration Program will
continue its current policy that no administrative action
will be taken against gaming registrants affiliated with
cardrcx:rns which offer "stud poker" so long as the cardroan
operators are not prosecuted by the local district
attorney's office. This policy presupposes that these
cardrcx:rns have received local approval to play "stud poker."
If you have any questions, please feel free to contact the Gaming
Registration Program at (916) 739-5739.
Sincerely,
DANIEL E. UJNGREN
Attorney General
~~
GREXDRY . CCMARI', Director
Division of Law Enforcement
jay
cc: George Hardie, President
California Card Club o.mers' Association
c:;b . q
DANIEL E. LUNGREN
Attorne;! General
~.
'.
State of California
DEPARTMENT OF JUSTICE ---'
P.O. BOX 903281
SACRA....ENTO. CA 94203-2810
(916) 7J9.5Z41
July 1, 1991
TO: CALIFORNIA CARDRCCM CWNERS, INVES'l'ORS, AND MANl'.GERS
SUBJEX.:!': PLAYING CF "JACKPOI' POKER"
01 August 21, 1989, the Attorney General issued ~inion i89-403 which
concluded that "jackpot poker" played for !TOney in California is unlawful
because it violates the constitutional and statutory proscriptions against
lotteries." Followirg the issuance of this opinicn, a letter was mailed to
all California card club owners, investors, and managers 00 Septerrber 20, 1989
to inform them of the department's positioo relative to the playirg of
"jackpot poker." This letter cited the Attorney General's opinion and further
stated that beginnirg November 1, 1989, the Gamirg Registration Program in
coordination with local law enforcement agencies would begin rronitorirg card
clubs throughout the state to ensure that ro illegal "jackpot poker" games
were taking place. The letter further stated that the playing of illegal
"jackpot poker" constitutes a violatioo of the Penal and the Business and
Professions Codes and, as such, could result in administrative disciplinary
action beirg taken by the state Gaming Registration Program as well as
p:JSsible criminal prosecution. The opportunity has recently arisen for the
department to reexamine its position relative to the playirg of this game.
B3.sed 00 a review of the circumstances surrouroing the litigation
pertainirg to this matter, and perrlirg a decisioo fran the courts, the
department has decided to amerrl its current p:JSition relative to the playing
of this game. Therefore, effective the date of this letter, the department's
new position relative to "jackpot poker" will..be that the Gaming registration
Program will rot initiate administrative actioo against a cardroom which
offers this game provid~ the following corrlitions are met. The cardroc:m
must cbtain local approv to offer this game. Also, this p:JSition is based
on the assumption that there will be ro local prosecution for offerirg the
game. One consideration which must be mentioned is the fact that as stated in
the -Gamirg Registration Act, "rothirg in the Act shall be construed to preempt
the authority of any city, county, and city and county frcm prohibiting
gaming, fran imposirg any valid local controls or corrlitions upon
gaming, . . . " and the provisions of the J\ct "shall rot prohibit the
enactment, amendment, or enforcement of any ordinance by any county, city,
or city and county relatirg to gaming clubs which is rot inconsistent with the
provisions of this chapter." As such, all cardrcx:ms wtP wish to offer this
gan-e are strongly urged to contact local agencies to determine if this game
can be offered.
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If you have any questions, pleudC feel free to oontact the Gaming
Fegistration Program at (916) 739-5739.
Sincerely,
n>\NIEL E. UJN:;Rm
Attorney General
GSS:jy
cc: George Hardie, President, California Card Club o.mers' Assoc.
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3264 Mary Lane I Escondido I Calif. 92025 I 747-1016
Commercial I Residential I Industrial Churches Medical
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t".
'Going "to the wood with the gospel . Preachhg the whole counsel of God'
August 27, 1991
Chula Vista City Council
276 4th Avenue
Chula Vista, CA 91910
Dear Council Members:
I am writing on behalf of Bayview Orthodox Presbyterian Church to request a
waiver of fees for our application for a conditional use permit ($175) and design review
($200). We are seeking permission from the building department to put up a tempo-
rary classroom building behind our church building to accommodate students in our
Christian school, and have been informed by them of the Council's willingness to con-
sider waiving fees upon a request from a non-profit religious organization like our's.
There may also be a building-permit fee required, though we have not yet been
informed of what that will be. Can it also be waived?
Thank you very much for considering this request. We appreciate your willing-
ness to assist the churches in our community in this way. We are confident that the ed-
ucational ministry of our school is a genuine benefit to many of the residents of Chula
Vista and neighboring areas.
Cordially"
j/ .
~.{~! '( ~ Ie f:~i' / '- (
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Rev. Roger Wagner
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505 E. Naples Street - Chula Vista, Ca. 92011 - (619)421-1003
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COUNCIL AGENDA STATEMENT
Item h
ITEM TITlE:
Meeting Date 9/10/91
Ordinance tt77 Establishing a special sewer service
rate area and sewage pump stat i on charge for the Woodcrest
Terra Nova Subdivision for the purpose of maintaining and
operating a sewer pump station
Director of Public Works~
City Manager~GIIQ-#'. (4/5ths Vote: Yes_No...!..J
SUBMITIED BY:
REVIEWED BY:
On August 8, 1989 the City Council approved the Tentative Map for the
Woodcrest Terra Nova Subdi vi s ion. Among the condit ions of approval of the
Tentative Map was the requirement that the developer provide for the ongoing
ma i ntenance of a proposed sewer pump station requi red to serve the project.
On October 16, 1990, the developers entered into a Supplemental Subdivision
Agreement agreeing to establ ish a special sewer service rate area for the
purpose of co 11 ect i ng funds to provide for ongoi ng operat i on and maintenance
of the proposed permanent pump station.
RECOMMENDATION: That Council place the ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION:
DISCUSSION:
The Woodcrest Terra Nova Subdivision is located near the top of a ridge north
of East H Street, in the Terra Nova area. The property is not capable of
bei ng served by a gravity sewer system wi thout pumpi ng. When the Tentat i ve
Map for the Subdi vi s i on was submitted, the developer proposed to pump the
sewage generated by the development to the Rice Canyon basin, which has
sanitary sewer facil ities. Staff supported the recommendation provided that
the developer provide for the perpetual maintenance of the pump station.
Adoption of the proposed ordinance would establ ish a special sewer service
rate area for the subdivision. This would enable the City to collect
suffi ci ent funds to provide for the maintenance and ope rat i on of the sewer
pump station.
The boundari es of the proposed speci a 1 area woul d be the boundari es of the
Woodcrest Terra Nova Subdivision, as shown on Map 12732, excluding lots 57, 58
and 59, which are connected directly to a gravity system. The developer has
provided notice to all proposed homebuyers of the exi stence of the pump
station and that there will be an additional cost over and above the regular
monthly sewer charges. Attached is a copy of the page of the notice given to
the homebuyer di scuss i ng the sewer pump stat ion. The buyer is requi red to
initial the form and it becomes a part of the sales record.
"" I
Page 2, Item ~
Meeting Date 9/10/91
Based on existing comparable pump stations, staff estimates that the average
annual maintenance cost of a pump station is currently $7,500. The developer
has deposited $9,000 with the City to cover the cost of the first year's
maintenance and operation of the sewer pump station and to stabilize the rates
for all property owners unt il the project is bui ltout (estimated to be June
1993). Based on the buildout of the Subdivision, the average annual cost to a
homeowner for the fi rst two years woul d be $90.00 per year. The ordi nance
establishes the initial annual sewer pump station charge at $90.00 per parcel
per year until June 30, 1993. Thereafter, staff would be required to annually
review the actual costs and distribute those costs among the homeowners
connected to the pump station. If this would result in an increase in the
costs, a public hearing would have to be held before Council.
The Otay Water District will collect these funds along with the regular sewer
charges on the water bill until June 30, 1992. At that time, some other
billing arrangement must be established. The monthly rate would be $7.50 per
home.
While the property is not currently capable of being served by a gravity sewer
system, the ordinance contains language that would permit the City to collect
funds to pay for the costs associated with connection to a gravity system,
should such a connection become feasible.
The City currently has 19 total pump stations of which 8 serve residential
areas s imi 1 ar to Woodcrest Terra Nova. Of these 8 pump stations, 6 have
s imil ar sewer servi ce di stri cts. The other two are older systems and are
operated by the City. The remaining 11 stations either serve specific
City-owned facilities, the sewer system as a whole or the Port District
facilities. The maintenance costs for the Port District pumps are paid by the
Port District. We are in the process of reviewing our ordinances relative to
all of the residential pump stations and will be coming forward with an agenda
item in the near future.
FISCAL IMPACT: None.
would not be compensated
the pump station.
However, if the ordinance is not adopted, the City
for approximately $7,500 per year outlay to maintain
CST/mad:EY-291
WPC 00470
h~Z
WPC 00480
WPC 00480
EXHIBIT I
leqal DescriDtion
lots I through 56 and 60 through 85 inclusive of
Chula Vista Tract 89-06 according to Map thereof
No. 12732, as filed in the Office of the County
Recorder, County of San Diego, State of
California on November 2, 1990.
~ -31'-'15-
Ordinance
fences mUs~ S~~.. ~~ -~.-
chain link fence will be permitted within ~~e ~~~~~._---
23/CIT1 OF cHULA V!STA OPEN SPACE DISTRICT #11:
District #11 was established to maintain certain open space areas, landscaped areaS and
improvements that specifically benefit the co~unity. All residentS of Terra Nova will
be assessed to support the Maintenance District. The initial annual assessment is
approximately $90 and will be shown on your annua.l tax bill. This amo1J.nt may be
adjusted every year to reflect the ..hanges in the act:1J.al number of dwelling units and
additional maintenan..e costs. See the Master Fence & Landscape plan for the areas to
be n""intained at woodcrest at Terra Nova. The complete maintenance area that District
#11 covers and the resolution establishing the district may be reviewed at the Parks
and Recreation Depar~ent of the City of Chula Vista. It sho1J.ld be noted that this t:ax
is in addition to other property taxes.
24/BUILD!NG OR LOT ADDITIONS/MODIFICATIONS;
Due to local zoning. planning, building regulations and ordinances, Woodcrest makes no
representation or warranty of any kind regarding Buyer's ability to obtain approp~iate
permission or permits to make any additions, modifications or changes to the building
structure or the Lot ("Modification"). Buyer agrees it has not relied upon any
statement by a woodcrest representative or the Woodcrest model homes to the contrary.
Buyer agrees to contact the appropriate local agencies for information regarding this
IDetter and will not hold Woodcrest responsible for buye~S inability to make any
modifications to itS structure or lot.
The City of Chula Vista incorporates an e~tensive hiking and equestrian trail systeID.
This system extends through ~oodcrest at Terra Nova, specificallY at the front of lots
57, 58, 59, the side of lot 60, and the rear of lots 42, 43, 44. The locat:ion of this
5' wide trail is shown on Exhibit A-l. The owners of lots 57, 58, 59, and 60 will be
responsible for the maintenance of the trail on and adjacent t:o their property. The
balance of the trail will be maintained by Open Space District #11.
~/SEWER ~p STA'IlON ~
A sawer pump station has been installed at the end of Parks ide Drive (see Exhibit A-l)
to service all of the lots at Woodcrest at Terra Nova, except lots 57, 58, end 59. The
station pumps the waste water generated by the 82 lots it serves to the gra~ity flow
sewer line located in Hidden Vista Drive. A special sewer service rate zona has been
established by the City of Chula vista to operate and maintain the sewer pump station.
for fiscal year 1991-92, a fee of approximately $7.00 a month will be charged by the
City for this service. This will be in addition to the regular monthly sewer charges
sent to property owners. The fee will be adjusted not more frequently than annually
and will not e~ceed the actual operation and maintenance cost of the sewer pump
station.
25/EQUESTRIAN TRAIL:
27/COMMUNITY pARK
The Terra Nova Co~unity Park which lies adjacent to Woodcrest at Terra Nova is not for
the exclusive use of the Terra Nova Community, it is open to the public. The scheduled
activities and the hours the parI< is open can be obtained at: the City of Chula Vista
ParI< and Recreation Department.
28/FUTURE DEVEL01'MENT:
Present plans to develop or redevelop the real propa~ty adjoining or in the vicinity of
your lot are unknown at this time. A copy of a portion of the City of Chula Vista
General Plan 1s attached. Said plan addresses ~oning uses in the area. No warrantieS
or representatiOns are made that such land U$e plan is comple~e, will be carried out,
or will change in the future. Future developmen~ not shown on the attached land use
IDap or the community plan may be cOmlDenced in the future.
Buyer'S Initials
/
~"..3
Page 5 of 6
TN
WPC 00480
EXHIBIT 1
Leaal DescriDtion
Lots 1 through 56 and 60 through 85 inclusive of
Chula Vi sta Tract 89-06 accordi ng to Map thereof
No. 12732, as fil ed in the Offi ce of the County
Recorder, County of San Diego, State of
California on November 2, 1990.
l.-'f
-5-
EXHIBIT 2
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IS
14
NOVA DRiVE
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LEGEND:
---- SPECIAL SEWER SERVICE
RATE AREA BOUNDARY
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VICINITY MAP
NO SCALE
FILE NO. EV 291
DRAWN 6Y
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6-29-91
WOODCREST TN SPECIAL SEWER SERVICE
"-S 't-, RATE AREA
DATE
EXHIBIT 2
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RATE AREA BOUNDARY
TERRA NOVA DRIVE.
VICINITY MAP
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DRAWN BY
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WOODCREST TN SPECIAL
RATE AREA
SEWER SERVICE
DATE
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8-29-91
56
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FILE NO. E'f 291
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item~
Meeting Date 9/10/91
Resolution l<c~~~ Approving amendments to the City
General Plan and Montgomery Specific Plan as follows:
Redesi gnat i on on the General Plan Di agram from "Research
and Limited Manufacturing" to "Retail Commercial" and the
Montgomery Speci fi c Pl an Di agram from "Research and
Limited Industrial" to "Mercantile and Office Commercial"
for approximately 1.86 acres at the southwest corner of
Broadway and Main Street (Otay Market) - City Initiated
SUBMITTED BY:
REVIEWED BY:
Redes ignat i on on the General Pl an Di agram from "Low-Medi urn
Density Residential" and "Special Study Area" to "Retail
Commercial" for approximately 3.65 acres at the southeast
corner of Otay Lakes Road and East H Street (Otay Lakes
Plaza) - Kelton Title Corporation
Ordinance ~\l1 iI Rezoning certain territory generally
bounded by Main Street to the north, Broadway (Beyer
Boulevard) to the east, Faivre Street to the south, and 27th
Street to the west (Assessor's Parcel Nos. 629-040-01 and
629-010-01) from their City-adopted County zone classification
C-37 to the City classification C-T-P> and to change the
zoning classification from R-l to C-C-P for approximately 3.65
acres of land located at the southeast corner of East H Street
and Otay Lakes Road (Assessor's Parcel No. 642-020-17)
Director of Planning ZL
City Manager~" ~r~ (4/5ths Vote: Yes___No-X-)
O~
BACKGROUND:
At a publ i c heari ng held August 27, 1991, the City Council cons i de red and
acted upon the above referenced General Plan amendments and rezon i ngs, and
directed the City Attorney to prepare for adoption an appropriate resolution
and ordi nance implementing thei r actions. (Attached for your i nformat ion is
the previous A113 on these items.)
With respect to the 3.65 acre Otay Lakes Plaza rezoning, Council further
directed that a final set of Precise Plan Guidel ines be developed with the
app 1 i cant for adopt i on, and that restri ct i on of certain uses as necessary to
ensure appropriate compatibility with the adjacent school and church uses be
evaluated.
RECOMMENDATION: Pursuant to actions taken at the August 27, 1991 public
hearing on GPA-91-03/PCZ-91-E and GPA-90-01/PCZ-90-B, it is recommended that
the Council do the following:
., -I
Page 2, Item ,JI1..f3
Meeting Date 9/10/91
1. Based on the findings and recommendations of the Environmental Review
Coordinator, adopt the Mitigated Negative Declaration, Monitoring Program
and Addendum prepared under 15-90-13, and the Negative Declaration
prepared under 15-91-33.
2. Adopt the resolution approving the noted amendments to the City General
Plan and amendment to the Montgomery Specific Plan.
3. Adopt an ordinance changing the zoning from City-adopted County
classification "C37" to City classification "C-T-P" for the 1.86 acre
area at the southwest corner of Main Street and Broadway (Zoning Map No.
471), and the zone classification from "R-l" to "C-C-P," including the
preci se plan gui de 1 i nes in Appendi x 2, for the 3.86 acre area at the
southeast corner of Otay Lakes Road and East H Street (Zoning Map No.
451).
DISCUSSION:
During staff comments at the August 27, 1991 hearing on GPA-90-01/PCZ-90-B, it
was i ndi cated that certain preci se plan gui del i nes developed for the staff
recommended "C-O-P" zoning would not be appropriate for a retail development
under "C-C-P" zoning, and required revision. The appl icant also expressed
concern about potential guidel ines, and Council directed staff to work with
the applicant to develop a mutually agreeable set to be brought back in two
weeks for adoption with the rezoning ordinance.
Staff met with the appl icant, and the resulting guidel ines for the "P"
Modifying District are contained in Appendix 2. Guideline #5 addresses the
Council's direction to prohibit certain uses normally allowed or conditionally
allowed in the "C-C-P" zone which would not be appropriate or compatible given
the site's adjacency to school and church uses. Since this specific
limitation of uses is beyond normal code applications for the Precise Plan
Modifying District, it is the recommendation of the City Attorney that the
City enter into a separate agreement with the appl icant establ i shing CC&R's
which would prohibit the following uses:
Liquor stores
Bars and cocktail lounges
Night clubs or dance clubs
Cigar/cigarette stores
Pool halls
Card rooms
Amusement centers/video arcades
Money exchanges/pawn shops
The intent of incorporating requirements for this agreement into the
guidelines, yet deferring its establishment till prior to building permit
approval, is to ensure the desired control while allowing adequate time to
prepare necessary documents with the applicant.
FISCAL IMPACT: Not applicable.
WPC 9716P
1.2
APPENDIX 1
SUPPLEMENTAL FINDINGS FOR APPLICATION OF "P" MODIFIER
OTAY MARKET SITE
Pursuant to Zoning Ordinance Section 1956.041, the "P" modifying district is
applied based on the following:
1. The subject property, or neighborhood or area in which the property is
1 ocated, is uni que by vi rtue of topography, geo 1 ogi ca 1 characteri st i cs,
access, configuration, traffic circulation or some social or historic
situation requiring special handling of the development on a precise plan
basis.
The subject property, being basically three-sided and located at the
southwest corner of Broadway and Main Street, is impacted by the traffic
circulation associated with this intersection. It is further impacted by
the location of 27th Street on its western boundary. Precise Plan
approval will ensure that development of the parcel considers the various
traffic engineering required for these streets and that safe and adequate
ingress and egress is provided.
2. The property or area to which the "P" modifying district is applied is an
area adjacent and contiguous to a zone allowing different land uses, and
the development of a precise plan will allow the area so designated to
coexist between land uses which might otherwise prove incompatible.
Zoning to the west and east of the subject parcels is Light Industrial.
The precise plan requirement will help create a development that is
compatible with the existing and future industrial uses by providing
adequate buffers and landscaped areas.
3. The basic or underlying zone regulations do not allow the property owner
and/or the City the appropriate control or flexibility needed to achieve
an efficient and proper relationship among the uses allowed in the
adjacent zones.
The underlying zone of C- T (Thoroughfare Commercial) provides for the
establ i shment of commerci a 1 act i vi ties cateri ng to thoroughfare traffi c.
Typical uses include retail commercial, entertainment, automotive and
other appropriate "highway related" activities. Given the subject
parcel's location immediately adjacent to an industrial zone, not all
uses associ ated with the C- T zone may be appropri ate. The" P" modi fi er
will allow the owner and the City to consider uses under the Precise Plan
and further detail the types and development of uses consistent with the
surrounding land uses.
WPC 9484P
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'-
COUNCIL AGENDA STATEMENT
,
Item
Meeting Date 8/27/91
Public Hearing: Proposed Amendm!!nts to City of Chula Vista
General Plan
Director of Planning ~~
ITEM TITLE:
SUBMITTID BY:
REVI EVED BY:
City Manager
(4/5ths Vote: Yes_No..LJ
BACKGROUND:
Under State law, cities and counties are limited to consideration of no more
than four amendments to the General Plan per calendar year. Each of these
four amendments may include more than one change to the General Plan. Council ~
has already acted on one General Plan Amendment this year involving the.
Central Chula Vista Zoning Consistency Study. In order to preserve future
options for considering other pending or proposed general plan amendments
during 1991, staff has scheduled GPA 91-03 (Otay Market) and GPA 90-01 (Kelton
Title Corporation) for consideration as a single General Plan Amendment.
Following this memorandum are separate agenda statements on each of the two
requests.
~
RECOMMENDATION: It is recommended that Council open the public hearing and
take public testimony on each of the two proposals separately. However, at
the close of the public hearing on the second request, it is recommended that
Council consider both requests as a single action, and direct the City
Attorney to prepare an appropriate resolution reflecting their intended action.
Similarly, Council should provide direction as to the preparation of
ordinances which would implement appropriate rezoning for each of the two
sites. The attached chart summarizes the necessary actions for each of the
two cases.
WPC 9687P
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/27/91
ITEM TITLE: Publ ic Hearing: GPA-91-03, PCZ-91-E; City-initiated proposal
to amend the City General Pl an, from Research and limited
Manufacturing to Retail Commercial, for certain territory,
generally bounded by Main Street to the north, Broadway (Beyer
Boulevard) to the east, Faivre Street to the south, and 27th
Street to the west (Assessors Parcel Nos. 629-040-01 and
629-010-01). Also requested is an amendment to the Montgomery
Specific Plan from Research and limited Industrial to
Mercantile and Office Commercial, and a rezone from
City-adopted County zone classification C-37 to City
classification C-T-P. The precise boundary and proposed
amendments and rezoning are depicted on attached Exhibits "A"
and "B"
SUBMITTED BY: Director of Planning ,~~
REVIEWED BY: City Manager (4/Sths Vote: Yes___No-x-)
BACKGROUND
This proposal involves an amendment to the City General Plan and the
Montgomery Specific Plan, as well as a rezoning for the property located at
the southwest corner of Main Street and Broadway in the Otay area of
Montgomery (Otay Market). Zoning of the subject properties was deferred at
the Public Hearing of November 13, 1990, Harborside "B" Part II, zoning
reclassification of the Montgomery area, because of a zoning and land use
concern raised by the property owner. The request under consideration would
amend the City General Plan from Research and Limited Manufacturing to Retail
Commercial, the Montgomery Specific Plan from Research and limited Industrial
to Mercantile and Office Commercial, and will rezone the property from the
City-adopted County zone C-37 (Heavy Commercial) to the City classification
C-T-P (Thoroughfare Commercial, Precise Plan Overlay).
The Environmental Review Coordinator (ERC) conducted an Initial Study,
IS-91-33, of potential environmental impacts associated with the proposed
amendments and rezoning. Based on that attached Initial Study and comments
thereon, _ if any, the (ERe) has concluded that this reclassification would
cause no significant environmental impacts and has issued a Negative
Declaration on IS-91-33.
REcottIENDATION:
1. Based on the Initial Study and comments on the Initial Study and Negative
Declaration, find that this reclassification and rezoning will have no
significant environmental impacts and adopt the Negative Declaration
issued on IS-91-33 for the Otay Market rezone.
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Page 2, Item
Meeting Date 8/27/91
2. Approve a change to the General Pl an des i gnat i on to Reta il Commerc i a 1 ,
and the Montgomery Specific Plan designation to Mercantile and Office
tommercial, for the property as described on the attached Exhibit A.
3. Adopt an ordinance changing the zone classification from the City-adopted
County zone "C37" to the City classification C-T-P for the subject
property.
BOARDS/C0tf4ISSIONS REC0tf4ENDATION: Both the' Montgomery Pl anning Committee
and the City Planning Commission, at their public hearings on these matters
held July 3, 1991, and July 10, 1991 respectively, unanimously recommended
that the following actions be taken:
1. Based on the Initial Study and Negative Declaration, and comments
thereon, find that these actions will have no significant environmental
impacts and adopt the Negative Declaration issued on IS-91-33.
2. Adoption of resolution changing the General Plan designation to Retail
Commercial and the Montgomery Specific Plan designation to Mercantile and
Office Commercial. .
3. Adoption of an ordinance changing the zoning classification to the City's
"C-T-P".
DISCUSSION:
1. Previous Actions
At the November 13, 1990 public hearing on the Harborside B Part II area
of the Montgomery Rezoning Program (PCl-90-Q-M), Council directed staff
to prepare a background report on the resolution of a zoning and land use
concern raised by Mr. Paul Tamayo regarding his Otay Farms Market. Mr.
Tamayo expressed concern over the original City rezoning proposal for the
site of I-L-P (Limited Industrial with Precise Plan) which would have
implemented the Research and Limited Industrial designation on the
Montgomery Specific Plan. Under the I-L-P zone, Mr. Tamayo would not be
able to remodel and expand the market which has occupied the site under
the County's C-37 (Heavy Commercial) zone for approximately 20 years.
Mr. Tamayo reiterated the family's intent to demolish the existing
market and rebuild a larger one on the 1.35 ac parcel immediately south
of the 0.51 acre site, and to use the smaller site for increased parking
needs. He requested the City zone the site commercial to allow for
expansion and continuation of the existing market.
Since the City General Plan as well as the Montgomery Specific Plan
designate the property industrial, and the parcel s are within a Special
Study Area of the Montgomery Specific Plan, staff was directed to
expedite addressment of that portion of the Study Area necessary to
accommodate Mr. Tamayo's request. The project has been limited at this
time to include only Mr. Tamayo's property since the majority of the
Special Study Area surrounding the market was rezoned to the City I-L-P
zone at the November 13, 1990 hearing.
t-i'
Page 3, Item
Meeting Date 8/27/91
2. Preliminary Conceot Plans
Mr. Tamayo, in conjunction with the processing of this application,
provided the City with preliminary concept pl ans for the expansion and
reconstruction of the market. Mr. Tamayo has been informed that the
property will most likely not support the amount of square footage
indicated on those plans and that when plans are submitted for the
ultimate project, traffic and circulation impacts will be assessed.
Ultimately, mitigation measures for traffic may be included with a final
project.
Initially, staff and the City Council discussed a designation of C-C-P
(Central Commercial with Precise Plan). Based on the uses identified on
the concept plans and a review of the zoning code, staff is recommending
a zone classification of C-T-P (Thoroughfare Commercial with Precise
Plan) for the property. This designation would accommodate the expanded
market and associated uses such as a tortilla factory as presented by Mr.
Tamayo.
3. Adiacent Zonina and Land Use
North
C-T-P
I-L-P
Commercial strip centers on the west side of
Broadway
Car sales lot and mobile home park on east side
of Broadway
East
I-L-P
I-L-P
I-l-P
Vacant, open storage
South
Gas station, thrift store, commercial automotive
West
Auto repair, offices, metal works, tires
4. Existina Site Characteristics
The subject parcels occupy level ground at the corner of Main Street and
Broadway (Beyer Boulevard). The extreme northern corner of the parcel is
utilized as a car lot. Otay Market is a single story, approximately
8,500 square foot building located on the remainder of the 0.51 acre
parcel. Approximately 56 parking spaces are marked onsite. Access is
taken from both Broadway (Beyer) and 27th Street. A flower stand is
located on the lot as well. The 1.35 acre parcel to the south is vacant,
with a portion used for storage.
The intersection of Main Street and Broadway is signalized. There are
signalized left turn lanes for east and west bound traffic onto Broadway
and for north and south bound traffic onto Main Street. The intersection
of 27th Street and Main Street does not appear to be located an adequate
distance from the Main and Broadway intersection. However, the former is
not fully improved and left turns onto west bound Main Street will need
to be considered with the ultimate project.
t-'i
Page 4, ,Item
Meeting Date 8/27/91
5. Soecific Plan
The subject parcels were contained in the Harborside B Part II
subcommunity of the Montgomery Specific Plan. The Specific Plan
designates the property Research and limited Industrial and identifies it
as a portion of the Special Study Area located south of Main Street
between Industrial Boulevard and Broadway. As previously stated,' the
majority of the Special Study Area has been rezoned to I-l-P. The
subject parcel was deferred for the opportunity to consider commercial
zoning consistent with the established market onsite.
ANALYSIS
Several factors support the General Plan amendment, Specific Plan amendment
and rezoning described above:
I. The Chula Vista General Plan encourages the redevelopment, upgrade and
replacement of older and/or marginal retail uses along Broadway and Main
Street. The existing Otay Market has served the area for the past 20
years. Allowing its expansion and remodel will be consistent with the
General Plan goals.
2. Surrounding General Plan designations include Retail Commercial to the
immediate north and Thoroughfare Commercial to the northwest. The
proposed amendment will carry the commercial designation in an orderly
manner along Broadway to the limits of the flood plain adjacent to the
southern City boundary.
3. The Montgomery Specific Plan calls for the rehabilitation and
revitalization of the various neighborhoods in Montgomery. The Otay
Market provides a neighborhood grocery outlet for the residential areas
to the north and east. The proposed specific plan amendment will allow
for its expansion and continued use.
4. Surrounding Specific plan designations include Mercantile and Office
Commercial to the immediate north and Heavy Commercial to the northwest.
The proposed amendment will relate to these commercial designations and
create a commercial node at the corner of Broadway and Main Street.
5. The proposed zane reclassification converts the City-adopted County
zoning of C-37 (Heavy Commercial) to the similar City classification
C-T-P, and allows the expansion and redevelopment of the existing market.
6. The precise plan requirement will ensure that development of the parcels
provides adequate buffer to the adjacent industrial uses and that the
onsite uses are adequately planned. Supplemental Findings for
application of the .p. Modifier are contained in Attachment 1 to this
report.
FISCAL IMPACT: None.
WPC 9618P
"'1../0
COUNCIL AGENDA STATEMENT
Item
. Meeting Date B/Z7/91
ITEM TITLE: Public Hearing: GPA-90-0l, PCl-90-B; Proposal to amend the
Land Use Diagram of the City General Pl an by redesignation
from "Low-Medium Density Residential (3-6 dujac)" and "Special
Study" to "Retail Commercial", and to change the zoning
classification from "R-l" to "C-C-P", for approximately '3.65
acres of land, located at the southeast corner of East H
Street a~d Otay Lakes Road - Kelton Title Corporation
SUBMITTED BY: Director of Planning b{
REVIEWED BY: City Manager (4j5ths Vote: Yes_NoJ.J
BACKGROUND
Current Reauests
The subject General Plan Amendment request for "Retail Commercial" is part of
a joint application involving a companion request for rezoning of the subject
site from "R-l n (Singl e-Family Residenti al) to "C-C-P" (Central Commerci al
subject to Precise Plan). The intent of these requests is to allow the
app 1 i cant to submi t plans for development of a retail canven i ence center on
the site.
An Initial Study (IS-90-l3) of possible significant environmental impacts from
the applicant's proposal has been conducted. The Environmental Review
Coordinator has concl uded that there would be no significant envi ronmental
effects if specific with mitigation measures are included, and has therefore
issued a Mitigated Negative Declaration and Addendum, Pursuant to assessment
of alternative land uses, and staff's recommendation for denial of the
applicant's request and approval of a General Plan Amendment to "Professional
and Administrative Commercial", an alternate Negative Declaration, titled
IS-90-l3 Negative Declaration Alternate, was prepared. Should staff's
recommendation be followed, the Environmental Review Coordinator has
recommended that the Negative Declaration Alternate for IS-90-I3 be adopted.
Historv
Original applications to amend the General Plan from "Low-Medium Density
Residential" to "Retail Commercial", and rezone the subject site from "R-l to
"C-C-P", were filed in June 1986 by the same project applicant, Kelton Title
Corporation. In December 1986, the Planning Commission voted to deny the
request. In February 1987, the City Council considered an appeal of the
Planning Commission action, and referred matters back to the Planning
Commission for reconsideration. The amendment appl ication was subsequently
withdrawn by the applicant in May of 1987.
At the July 11, 1989, City Council public hearing on the General Plan Update,
the matter af determining an appropriate land use for the subject site arose,
and the Council unanimously moved to have the site placed in a "Special Study
Area" in order that a more comprehensive evaluation of appropriate alternative
( -/1
Page 2, Item
Meeting Date 8/27/91
land uses to the existing residential designation occur. Subsequently, Kelton
Title Corporation submitted their current general plan amendment and rezone
applications for consideration.
RECOMMENDATION: That the City Council:
1.
Based on the findings and recol1lllendations of the Environmental Review
Coordinator, adopt IS-90-13 Negative Declaration Alternate.1
Deny the applicant's request for a General Plan Amendment to .Retail
COl1lllercial., and rezoning to .C-C-P",
Approve an amendment to .Professional and Administrative COl1lllercial", and
rezone to "CoO-Po including the Precise Plan Guidelines attached as
Appendix 3.
BOARDS/COMMISSIONS RECOMMENDATION: At their July 24, 1991 hearing the
Planning Commission unanimously passed the following motions recommending that
the City Council:
2.
3.
1. Adopt the Mitigated Negative Declaration and Monitoring Program prepared
in conjunction with IS-90-13.
2, Adopt a resolution amending the General Plan from "Low-Medium Density
Residential (3-6 du/ac)" and "Special Study Area" to "Retail COl1lllercial",
3. Adopt an ordinance changing the zoning from "R-l" to "C-C-P" including
adoption of the Precise Plan Guidelines.
BASIC INFORMATION
1. Subiect Prooertv
The property is a vacant 3.65 acre parcel comprised of two relatively
level pads separated by a steep slope, and stepping up from west to east.
2. Adiacent General Plan Desianations (olease see Exhibit A)
North:
South:
East:
West:
Public-Quasi Public
Low-Medium Density Residential
Low-Medium Density Residential
Public-Quasi Public
3. Adiacent Zonina and Land Use (olease see Exhibit B)
North:
South:
East:
West:
R-l Bonita Vista High School
R-l Church
R-l Church
R-l Southwestern College
-~--------------------
1 It should be noted that approval of the. applicant's request would require
adoption of the Mitigated Negative Declaration, Monitoring Program and
Addendum prepared under IS-90-13.
-,.. I)..
Page 3, Item
Meeting Date 8/27/91
DISCUSSION:
The current proposals are essentially the same as those filed in July 1986
under GPA-86-6 and PCZ-86-E. At that time, the applicant's existing College
Pl aza center (located 1400 ft. south of the subject si te) was not fully
developed and in a state of decline, and the Bonita Pointe Plaza at the
northwest corner of East H Street and Otay lakes Road was yet to be built.
Additionally, with the General Plan Update underway, and several adjacent
large development projects in their initial phases, concern was that
determination of need for a third neighborhood retail center might be
premature. Staff and the Planning Commission concurred that revitalization
and development of the two centers, respectively, should be prerequisite to
further consideration of establishing additional retail uses in the
Southwestern College area.
Since that time, several significant changes have occurred which influence
evaluation of the current proposals. These changes include revitalization of
the 5.29 acre College Plaza, development of the 10.56 acre Bonita Pointe
Plaza, residential growth in the surrounding area, and significant policy and
land use changes through adoption of the General Plan Update in 1989.
With regard to the General Plan Update, in addition to the designation of
substantial additional urban development area in the Eastern Territories,
Section 7.2 of the Land Use Element established several "Community Activity
Centers" intended to provide a variety of community support facilities and
services (see Exhibit C). The subject site lies within the "Southwestern
College Activity Center, which includes the area in the vicinity of the
intersection of East H Street and Otay Lakes Road. The General Plan states,
"Community Activity Centers are sub-centers of the general plan area that
provide a variety of community support facilities and services. They are not
exclusively community retail centers and may include higher density
residential, employment, education, health care, recreation and other public
and private services." Special consideration should be given to land use
decisions within these centers to ensure that an appropriate land use balance,
diversity anD compatibility exists. This is especially true of the subject
site, given its central location, and adjacency to the college, high school,
and other retail commercial centers.
As part of the applicant's request, the applicant's planning consultant, P & D
Technologies (Appendix I), compiled a General Plan goal and objective
consistency analysis. According to this analysis, the principal rationale for
the subject request is that the site is inherently best suited for retail
commercial use because it fronts on two major streets, and is located within
an established "Activity Center" of the General Plan. The Plan Amendment is
justified by:
Increased retail needs presented by adjacent residential growth.
Air quality improvement resulting from reduced vehicular travel
given the site's location in proximity to residential neighborhoods,
and on the "homeward bound" travel route of many area residents..
Also the site's location at the hub of bus, bike, and pedestrian
routes allows for use of alternate transportation promoted by the
General Plan.
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Page 4, Item
Meeting Date 8/27/91
Traffic and resultant noise make the site poorly suited for
residential development, and that potential use of walls for noise
mitigation would render the prominent site visually inferior, and
conflict with goals for the H Street and Otay Lakes Road scenic
corridors.
ANALYSIS
General Plan Amendment
In the report to the Planning Commission, based on the Special Study
examination (see Appendix 2), staff recommended that the applicant's request
for a Retail Commercial Plan Designation be denied and recommended
alternatively that the Professional and Administrative Commercial Plan
Designation be applied.
However, the Planning Commission did not agree with staff recommendation, and
recommended the Retail Commercial General Plan Designation. In taking this
action, the Commission cited the following conclusions: 1) the Eastern
Territories is currently underserved by local retail commercial development
compared to other parts of Chula Vista, 2) the Southwestern College Area needs
additional retail commercial development to serve neighborhood needs, and 3)
the market for office commercial development is uncertain, and is believed to
be poor in this area.
In order to clarify staff's concerns on these issues, and respond to the
points made by the Planning Commission, the following analysis is provided:
1. AMOUNT OF EASTERN TERRITORIES COMMERCIAL DEVELOPMENT
The Chula Vista General Plan Land Use Element contains the following
information on projected buildout population and amount of retail
commercial acreage for different portions of the City:
Reta il Retail Commercial
Bu il dout Commercial Acres per
PODulations Acreaae 1.000 PODulation
Total 209,600 934 4.4
Central Chula
Vista & Bayfront 53,500 246 4.6
Montgomery .. 49,800 317 6.4
Sweetwater 48,700 117 2.4
Eastern Territories 57,700 254 4.4
The figures above include regional, community, and neighborhood-serving
retail commercial acreage. As this table shows, the existing General
Plan allocates retail commercial acreage in the Eastern Territories in
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Page 5, Item
Meeting Date 8/27/91
direct proportion to the City-wide average. Cumulatively, acreage to
population ratios are adequate and well balanced, and would not be
significantly affected by the 3.65 acres associated with the subject
proposal.
2. NEIGHBORHOOD NEEDS
As mentioned, the above acreage to population ratios include regional,
community, and neighborhood serving allocation rates. In accordance with
land use planning criteria documented by the Urban Land Institute (ULI)
and other accepted planning standards, I acre/l000 population ratio has
been used to evaluate the adequate allocation of neiahborhood servina
commercial use within a service area defined by convenience and access
(generally a 1 to 1-1/2 mile radius).
Based upon distances to other commercial centers and accessibility
presented by circulation patterns, staff performed a neighborhood retail
needs analysis. The Southwestern College Area that would logically be
served by an additional neighborhood convenience center 1 ies within a 1
to 1.5 mile radius of the East H Street/Otay Lakes Road intersection, and
includes a majority of Rancho Del Rey SPA I, all of SPA III, Bonita Long
Canyon, Bonita Ridge Estates, Encore Bonita, and the larger College
Estates area. The EastLake and Otay Ranch projects were not included as
they are beyond a reasonable neighborhood service area, and designate a
variety of commercial areas within their master plans.
Approximately 5,500 existing and proposed dwelling units were encompassed
within the service area, which, based on the 1990 Census average
household size of 2.8, represents about 15,400 residents. The existing
16 acres of neighborhood commercial use contained in Bonita Pointe Plaza
and College Plaza compares favorably with the'15.4 acres resulting from
application of ULI criteria and indicates that needs are and will be
adequately met. Additionally, both of these centers are conveniently
located in direct proximity to the subject site, and contain in excess of
30 retail establishments providing a well balanced mix of goods and
services sufficient to meet local commercial needs including restaurants,
beauty shops, bank, laundromat, drug store, and major grocery markets.
Given ULI allocation standards, and use mixes within the existing
centers, the need for additional convenience retail is questionable. A
center of 3.65 acres would not attract a major anchor tenant
complementary to those in the area, but rather would probably be
comprised of miscellaneous smaller uses similar to those in the existing
centers. Such redundancy could lead to future vacancy and/or decline in
the existing centers.
3. SITE PLANNING ISSUES/SOUTHWESTERN COLLEGE ACTIVITY CENTER
In addition to the question of long-term need for a third neighborhood
retail center in this location, there is also concern over the creation
of an appropriate land use balance within the Southwestern College
1../S
Page 6 , Item
Meeting Date 8/27/91
Activity Center. The site's location at the intersection of East H
Street and Otay Lakes Road, in proximity to Southwestern College and
Bonita Vista High School, means. that the development of this property
will have a strong influence on the overall character of this activity
center. Given projected traffic volumes and accessibility by bus, bike,
and pedestrian systems, this intersection is envisioned to become a busy
public node. As proposed, development of a retail center will result in
juxtaposition of retail and educational uses on the four corners of the
intersection, and create a series of centers in close proximity along
Otay Lakes Road. While not expressly prohibited by the General Plan,
this land use arrangement may not be the most desirable for an area
specifically designated to be an important community focal point, with a
diversity of civic, business and/or cultural uses.
4. OFFICE COMMERCIAL MARKET
Local sources indicate that a recent downturn in the office market is
primarily attributable to unfavorable lending conditions which require
greater developer equity and significant pre-leasing guarantees to obtain
financing. This comes as an result of overbuilding and devaluation of
office commercial properties caused by the more lenient lending
environment and favorable tax laws of the mid-80's, and impacts both new
ventures and lease-up rates in completed projects. Currently, a fair
amount of office space is available within Eastern Chula Vista, including
approximately 24,000 square feet in the Bonita Pointe Professional
Building located on the northern edge of the Activity Center adjacent to
Bonita Vista Junior High School. The current tenant, North Island
Federal Credit Union, will be relocating to EastLake at the end of the
year.
While this space, coupled with potential additional office uses allowed
within a retail commercial zone, would be adequate to meet short tern
demands in the area, longer term needs are still in question. As
previously indicated, the level of traffic projected for the intersection
place the site at a strategic community access point. While the Bonita
Pointe Professional Building is within the Activity Center, it does not
serve this predominant focal role. Provision for development of office
or other civic and education uses allowed under the Professional and
Administrative Commercial designation could be supported by the
additional population, and would be well located to provide a balance of
uses at the Activity Center's core.
CONCLUSIONS
General Plan Amendment
Staff recommends denial of the applicant's request for Retail Commercial Land
Use designation on this property for the following reasons:
1. Appropriately sized and well sited retail centers either exist or are
planned which adequately meet the needs in the Eastern Territories, and
within the service area of the Southwestern College Activity Center.
(..l~
Page 7. Item
Meeting Date 8/27/91
2. Development of this site with a retail commercial center would not
promote the overall character which is envisioned in the General Plan for
the Southwestern College Activity Center.
Therefore, it is staff's recommendation that this site be redesignated in the
General Plan to "Professional and Administrative Commercial", with companion
rezoning to "C-O-P". I
Zonina
For reasons discussed above relative to the proposed General Plan amendment,
staff is also recommending denial of the applicant's request to rezone to
C-C-P, and proposes the C-O-P zone in conjunction with the Professional and
Administrative Commercial land use designation. The C-O-P zone provides for
land uses wh i ch are cons i stent wi th those prescri bed by the General Pl an for
Community Activity Centers.
The precise plan requirements will ensure that development on the site will
achieve an efficient and proper relationship with adjacent uses, and is
required to be applied to those properties along scenic corridors such as E. H
Street and Otay Lakes Road. Supplemental findings for application of the "P"
modifier and specific guidelines, contained in Appendix 3 to this report, are
recommended for adoption in conjunction with the C-O-P zoning for this site.
If the City Council concurs with the recommendation of the Planning
Commission, and redesignates the site to "Retail Commercial," with companion
zoning of "C-C-P", staff would recommend that direction be given to any
specific site planning or design issues which it would like to have addressed
in the UP" modifier guidelines for the site.
FISCAL IMPACT: Not applicable.
WPC 9688P
l..11
APPENDIX 2
SUPPLEMENTAL FINDINGS FOR APPLICATION OF .p. MODIFIER
KELTON TITLE SITE
Pursuant to General Plan requi rements for propert i es on sceni c roadways, and
Zoning Ordinance Section 1956.041, the "P" modifying district is applied based
on the following:
A. The subject property, or the neighborhood or area in which the property
is located, is unique by virtue of topography, geological
characteristics, access, configuration, traffic circulation or some
social or historic situation requiring special handling of the
development on a precise plan basis.
B. The property or area to which the P modifying district is applied is an
area adjacent and contiguous to a zone allowing different land uses, and
the development of a precise plan will allow the area so designated to
coexist between land usages which might otherwise prove incompatible.
C. The basic or underlying zone regulations do not allow the property owner
and/or the city appropriate control or flexibility needed to achieve an
efficient and proper relationship among the uses allowed in the adjacent
zones.
In this instance, the site's location at the corner of two future six-lane
designated scenic roadways, and adjacency to Bonita Vista High School,
Southwestern College, and the Latter Day Saints church present unique
ci rcumstances for whi ch the proposed underlyi ng zone regulat ions woul d not
allow the City appropriate control. In order to achieve an efficient and
proper rel at i onshi p among adjacent uses, and ensure compat i bl e coexi stence
between the proposed retail center and existing school uses, the Precise Plan
guidelines to be attached to the property shall include:
1. The architectural design theme of any proposed development shall be
compatible and harmonious with those of adjacent land uses, and create a
high qual i ty publ i c image consi stent wi th intents for the Southwestern
College Community Activity Center.
2. Buil di ng facades and roof 1 i nes faci ng streets and parki ng areas shoul d
be consistent throughout the development in design, colors, and materials
so as to create a unified appearance for the total development.
3. The setback establ ished along both Otay Lakes Road and "H" Street shall
be not 1 ess than 25 feet for any buil di ng or 15 feet for any parki ng
area. Setbacks for any buildings over 25 feet in height shall be equal
to the setback from the front property 1 ine. The minimum setback from
the radi us of the corner shall be 60 feet with the di stance measured
perpendicular from the corner radius.
4. Pedestrian-oriented areas shall be enhanced through the use of a
combination of textured paving, benches, sculptures, and landscaping.
5. Prior to the issuance of any building permits for said development, the
appl icant/owner (or their successors in interest) shall enter into an
"1< L'I
agreement with the City establishing Conditions, Covenants, and
Restrictions (CC&R's) to prohibit the following general uses either
allowed or conditionally allowed in the "C-C" zone which are considered
incompatible with adjacent land uses: 1 iquor stores, bars and cocktail
lounges, night clubs/dance clubs, cigar/cigarette stores, pool halls,
card rooms, amusement centers/video arcades, and money exchanges/pawn
shops. Restaurants servi ng 1 i quor in conjunct i on wi th a food ope rat i on
shall be considered as an acceptable land use. Any costs incurred in
administration of these CC&R's shall be born by the applicant.
6. A maximum of two driveway accesses may be provided on both Otay Lakes
Road and East H Street.
7. The minimum distance of any driveway access from the intersection of Otay
Lakes Road and East H Street, as measured from the property lines, shall
be 200 feet.
8. Pad buildings shall be restricted to no more than one drive-thru
establ i shment.
WPC 9672P
1. - 2.c.>
-2-
RESOLUTION NO. I(.S~t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CITY GENERAL PLAN
FROM "RESEARCH AND LIMITED MANUFACTURING" TO
"RETAIL COMMERCIAL" AND THE MONTGOMERY
SPECIFIC PLAN FROM "RESEARCH AND LIMITED
INDUSTRIAL" TO "MERCANTILE AND OFFICE
COMMERCIAL" FOR CERTAIN TERRITORY GENERALLY
BOUNDED BY MAIN STREET TO THE NORTH, BROADWAY
(BEYER BOULEVARD) TO THE EAST, FAIVRE STREET
TO THE SOUTH, AND 27th STREET TO THE WEST
(ASSESSORS PARCEL NOS. 629-040-01 AND
629-010-01), AND AMENDING THE LAND USE DIAGRAM
OF THE CITY GENERAL PLAN BY REDESIGNATION FROM
"LOW-MEDIUM DENSITY RESIDENTIAL (3-6 du/ac)"
AND "SPECIAL STUDY" TO "RETAIL COMMERCIAL" FOR
APPROXIMATELY 3.65 ACRES OF LAND, LOCATED AT
THE SOUTHEAST GORNER OF EAST H STREET AND OTAY
LAKES ROAD
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, this proposal involves an amendment to the City
General Plan and the Montgomery Specific Plan for the property
located at the southwest corner of Main Street and Broadway in
the otay area of Montgomery as more fully demonstrated in Exhibit
A ("Otay Market") and for approximately 3.65 acres of land
located at the southeast corner of East H Street and Otay Lakes
Road ("Kelton Title Site") as more fully demonstrated in Exhibit
B; and
WHEREAS, said requests would amend the City General Plan
from Research and Limited Manufacturing to Retail Commercial and
from Low-Medium Density Residential (3-6 du/ac) to Retail
Commercial, and the Montgomery Specific Plan from Research and
Limited Industrial to Mercantile and Office Commercial, and
WHEREAS, the Environmental Review Coordinator (ERC)
conducted Initial Studies, IS-91-33 and IS-90-13, of potential
environmental impacts associated with the proposed amendments and
has concluded that this reclassification would cause no
significant environmental impacts and has issued a Mitigated
Negative Declaration, with Monitoring Program and Addendum on
IS-90-13 and a Negative Declaration on IS-91-33; and
Planning
matters,
changing
WHEREAS, the Montgomery Planning Committee and the City
Commission, at their respective pUblic hearings on these
unanimously recommended the adoption of a resolution
the General Plan designations.
NOW,
the City of
recommendations
THEREFORE, BE IT RESOLVED by the City Council of
Chula Vista that based on the findings and
of the Environmental Review Coordinator, the
-1-
1.0.- l
City Council hereby adopts the Mitigated Negative Declaration,
Monitoring Program and Addendum prepared under IS-90-13, and the
Negative Declaration prepared under IS-91-33.
BE IT FURTHER RESOLVED that the City Council does hereby
amend that portion of the Land Use Diagram of the City General
Plan affecting the otay Market from "Research and Limited
Manufacturing" to "Retail Commercial" and of the Montgomery
specific Plan from "Research and Limited Industrial" to
"Mercantile and Office Commercial" as set forth in Exhibit "A"
and affecting Kelton Title site from "Low-Medium Density
Residential (3-6 du/ac)" and "Special study" to "Retail
Commercial", as set forth in Exhibit "B".
Presented by
Robert A. Leiter, Director of
Planning
9219a
-2-
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EXHIBIT A
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LE1ut;RI.MdN1YRE AND ASSOCIATES
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GENERAL PLAN DESIGNATIONS _ bp-A-so~ 1"::~Z-90-B _
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.J:HANGEDOM -LOW IMED liES. DENSITY.
lAND .R;~..zONING. TO -RETAIL
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COMMERCJAL"
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OPEN 8PACE
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA REZONING
CERTAIN TERRITORY GENERALLY BOUNDED BY MAIN STREET
TO THE NORTH, BROADWAY (BEYER BOULEVARD) TO THE
EAST, FAIVRE STREET TO THE SOUTH, AND 27th STREET
TO THE WEST (ASSESSORS PARCEL NOS. 629-040-01 AND
629-010-01) FROM THEIR CITY-ADOPTED COUNTY ZONE
CLASSIFICATION C-37 TO CITY CLASSIFICATION C-T-P
AND TO CHANGE THE ZONING CLASSIFICATION FROM R-l
TO C-C-P FOR APPROXIMATELY 3.65 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF EAST H STREET
AND OTAY LAKES ROAD
WHEREAS, this. proposal involves the rezoning for the
property located at the southwest corner of Main Street and
Broadway in the Otay area of Montgomery as more specifically
shown in Exhibit A ("Otay Market") and the 3.65 acres at the
southeast corner of East H Street and otay Lakes Road as more
specifically shown in Exhibit B ("Kelton Title Site"), and
WHEREAS, zoning of the otay Market properties was
deferred at the Public Hearing of November 13, 1990, Harborside
"B" Part II, zoning reclassification of the Montgomery area,
because of.a zoning and land use concern raised by the property
owner, and
WHEREAS, the request under consideration would rezone
the Otay Market property from the City-adopted County zone C-37
(Heavy Commercial) to the City classification C-T-P (Thoroughfare
Commercial, Precise Plan Overlay) and rezone the land located at
the southeast corner of East H Street and Otay Lakes Road from
R-l (Single Family Residential) to C-C-P (Central Commercial,
Precise Plan Overlay), and .
WHEREAS, the Environmental Review Coordinator (ERC)
conducted Initial Studies, IS-9l-33 and IS-90-13, of potential
environmental impacts associated with the proposed rezon~ngs and
has concluded that these rezonings would cause no significant
environmental impacts and has issued a Mitigated Negative
Declaration, with Monitoring Program and Addendum on IS-90-13 and
a Negative Declaration on IS-9l-33, and
WHEREAS, the Montgomery Planning Committee and the City
Planning Commission, at their respective public hearings on these
matters, unanimously recommended the adoption of an ordinance
changing the zoning classifications.
The City Council of the City of Chula Vista does ordain
as follows:
-1-
"
SECTION I: Based on the findings and recommendations of
the Environmental Review Coordinator, . the City Council does
hereby adopt the Mitigated Negative Declaration, Monitoring
program and Addendum prepared under 15-90-13, and the Negative
Declaration prepared under 15-91-33.
SECTION II: That that certain territory generally
bounded by Main Street to . the North, Broadway (Beyer Boulevard)
to the east, Faivre Street to the south, and 27th Street to the
west (Assessors Parcel Nos. 629-040-01 and 629-010-01) as set
forth in Exhibit -A-, be rezoned from the City-adopted County
zone -C3P to the City classification C-T-P for the Otay Market
property.
Pursuant to the requirement for the imposition of
Precise Plan Modifying District (-P MOdifier-) under Chula Vista
Municipal Code Section 19.56.041, the Otay Market site's three
sided shape, circulatory setting, and relation to adjacent light
industrial uses present unique circumstances which cannot be
~ppropriately addressed by the planning Department through the
underlying zone regulations. The Precise Plan Overlay will allow
the City the ability to insure that development of the parcel
will consider various traffic engineering required for safe and
adequate ingress and egress, properly address compatibility with
existing and future industrial uses by providing adequate buffers
and landscaped areas, and allow the City to consider uses
consistent with those on surrounding land.
SECTION III: That that certain territory at the
southeast corner of Otay Lakes Road and East H Street (Assessor's
Parcel No. 642-020-17) as set forth in Exhibit -B- be rezoned
from R-l to C-C-P for the Kelton Title Site.
Pursuant to the requirements for the imposition of a
Precise Plan Modifying District (-P MOdifier-) under Chula Vista
Municipal Code Section 19.56.041, the Kelton Title Site's
location at the corner of two future six-lane designated scenic
roadways, and adjacency to Bonita Vista High School, Southwestern
College, and the Latter Day Saints church present unique
circumstances for which the proposed underlying zone regulations
would not allow the City appropriate control and in order to
achieve an efficient and proper relationship among adjacent uses,
and ensure compatible coexistence between the proposed retail
center and existing school uses, a Precise Plan should be
required prior to the development of the site which shall meet
the following -P Modifier Guidelines-: .
1. The architectural design theme of any proposed development
shall be compatible and harmonious with. those of adjacent
-2-
land uses, and create a high quality pUblic image consistent
,with intents for the Southwestern College Community Activity
Center.
2. Building facades and roof lines facing streets and parking
areas should be consistent throughout the development in
design, colors, and materials so as to create a unified
appearance for the total development.
3. The setback established along both Otay Lakes Road and .8.
Street shall be not less than 25 feet for any'building or 15
feet for any parking area. Setbacks for any buildings over
25 feet in height shall be equal to the setback from the
front property line. The minimum setback from the radius of
the corner shall be 60 feet with the distance measured
perpendicular from the corner radius.
4. Pedestrian-oriented areas shall be enhanced through the use
of a combination of textured paving, benches, sculptures,
and landscaping.
5. Prior to the issuance of 'any building permits for said
development, the applicant/owner (or their successors in
interest) shall enter into an agreement with the City
establishing Conditions, Covenants, and Restrictions
(CC&R's) to prohibit the following general uses either
allowed or conditionally allowed in the .C-C. zone which are
considered incompatible with adjacent land uses: liquor
stores, bars and cocktail lounges, night clubs/dance clubs,
cigar/cigarette stores, pool halls, card rooms, amusement
centers/video arcades, and money exchanges/pawn shops.
Restaurants serving liquor in conjunction with a food
operation shall be considered as an acceptable land use.
Any costs incurred in administration of these CC&R's shall
be born by the applicant.
6. A maximum of two driveway accesses may be provided on both
Otay Lakes Road and ,East 8 Street.
7. The minimum distance of any driveway access from the
intersection of Otay Lakes Road and East B street, as
measured from the property lines, shall be 200 feet.
8. Pad buildings shall be restricted to no more than one
drive-thru establishment.
SECTION IV: This ordinance shall take effect and 'be in
full force on the thirtieth day from and after ts adoption.
Presented by
rLt
form by
Robert A. Leiter, Director of
Planning
9218a
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crn OF CHULA VISTA
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J HEREBY CERTIFY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
BY THE CITY COUNCIL ON
City CItric
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ZONING MAP - .47t
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BY THE CITY COUNCIL ON
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CITY OF CHULA VISTA "
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CITY OF SAN DIEGO......
I HEREBY CERTIFY THAT THIS ZONING MAP
WAS APPROVED AS A PART OF ORDINANCE
BY THE CITY COUNCIL ON
City Citric
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ZONING MAP - 47t
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8Y THE CITY COUNCIL ON
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ZONING MAP'-4S'1
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APPENDIX I
SUPPLEMENTAL FINDINGS FOR APPLICATION OF -p. MODIFIER
OTAY MARKET SITE
Pursuant to Zoning Ordinance Section 1956.041, the -p. IIOdifying district is
applied based on the following:
1. The subject property, or neighborhood or area in which the property is
located, is unique by virtue of topography, geological characteristics,
access, configuration, traffic circulation or some social or historic
situation requiring special handling of the development on a precise plan
bas is .
The subject property, being basically three-sided and located at the
southwest corner of Broadway and Main Street, is impacted by the traffic
circulation associated with this intersection. It is further impacted by
the location of 27th Street on its western boundary. Precise Plan
approval will ensure that development of the parcel considers the various
traffic engineering required for these streets and that safe and adequate
ingress and egress is provided.
2. The property or area to which the -p. modifying district is applied is an
area adjacent and contiguous to a zone allowing different land uses, and
the development of a precise plan wf1l allow the area so designated to
coexist between land uses which might otherwise prove incompatible.
Zoning to the west and east of the subject parcels is Light Industrial.
The precise plan requirement wf1l help create a development that is
compatible with the existing and future industrial uses by providing
adequate buffers and landscaped areas.
3. The basic or underlying zone regulations do not allow the property owner
and/or the City the appropriate control or flexibility needed to achieve
an efficient and proper relationship among the uses allowed in the
adjacent zones.
The underlying zone of C-T (Thoroughfare Commercial) provides for the
establishment of commercial activities catering to thoroughfare traffic.
Typical uses include retail commercial, entertainment, automotive and
other appropriate -highway related- activities. Given the subject
parcel's location immediately adjacent to an industrial zone, not all
uses associated with the C-T zone lIay be appropriate. The -p. lIodifier
will allow the owner and the City to consider uses under the Precise Plan
and further detail the types and development of uses consistent with the
surrounding land uses.
"PC 9484 P
APPENDIX 2
SUPPLEMENTAl FINDINGS FOR APPLICATION OF .p. MODIFIER
KELTON TITLE SITE .
. Pursuant to General Plan requirements for properties on scenic roadways, and
Zoning Ordinance Section 1956.041, the "P" modifying district is applied based
on the following:
A. The subject property, or the neighborhood or area in which the property
is located, is unique by virtue of topography, geological
characteristics, access, configuration, traffic circulation or some
social or historic situation requiring special handling of the
development on a precise plan basis.
B. The property or area to which the P modifying district is applied is an
area adjacent and contiguous to a zone allowing different land uses, and
the development of a precise plan will allow the area so designated to
coexist between land usages which might otherwise prove incompatible.
C. The basic or underlying zone regulations do not allow. the property owner
and/or the city appropriate control or flexibil ity needed to achieve an
efficient and proper relationship among the uses allowed in the adjacent
zones.
In this instance, the sfte's location at the corner of two future six-lane
designated scenic roadways, and adjacency to Bonita Vista High School,
Southwestern College, and the latter Day Saints church present unique
circumstances for which the proposed underlying zone regul ations would not
allow the City appropriate control. In order to achieve an efficient and
proper relationship among adjacent uses, and ensure compatible coexistence
between the proposed retail center and existing school uses, the Precise Plan
guidelines to be attached to the property shall include:
1. The architectural design theme of any proposed development shall be
compatible and harmonious with those of adjacent land uses, and create a
high quality public image consistent with intents for the Southwestern
College Community Activity Center.
2. Building facades and roof lines facing streets and parking areas should
be consistent throughout the development in design, colors, and materials
so as to create a unified appearance for the total development.
3. The setback established along both Dtay lakes Road and .H" Street shall
be not less than 25 feet for any building or 15 feet for any parking
area. Setbacks for any buildings over 25 feet in height shall be equal
to the setback from the front property li ne. The mi n i mum setback from
the radius of the corner shall be 60 feet with the distance measured
perpendicular from the corner radius.
4. Pedestrian-oriented areas shall be enhanced through the use of a
combination of textured paving, benches, sculptures, and landscaping.
5. Prior to the issuance of any building permits for said development, the
applicant/owner (or their successors in interest) shall enter into an
-
.
"
agreement with the City establishing Conditions, Covenants, and
Restrictions (CC&R's) to prohibit the following general uses either
allowed or conditionally allowed in the .C-C. zone which are considered
incompatible with adjacent land uses: liquor stores,. bars and cocktail
lounges, night clubs/dance clubs, cigar/cigarette stores, pool halls,
card rooms, amusement centers/video arcades, and money exchanges/pawn
shops. Restaurants serving liquor in conjunction with a food operation
shall be considered as an acceptable land use. Any costs incurred in
administration of these CC&R's shall be born by the applicant.
6. A IIIxillum of two driveway accesses lIay be provided on both Otay Lakes
Road and East H Street.
7. The lIinimum distance of any driveway access from the intersection of Otay
Lakes Road and East H Street, as lleasured from the property lines, shall
be 200 feet.
8. Pad buildings shall be restricted to no more than one drive-thru
establishment.
IIPC 9672P
-2-
COUNCIL AGENDA STATEMENT
Item
Meeting Date
<6
9-10-91
ITEM TITLE: Resolution 1'- ~~C\ ratifying' a three year
agreement with the Chamber of Commerce for general
information services. /,(/'
SUBMITTED BY: Deputy City ~)~er Thomson J[
REVIEWED BY: City Manage~~ (4j5th Vote: Yes_ No--1L)
In June 1988, the city Council approved an agreement with the Chula
vista Chamber of Commerce for general public information and
referral services. This agreement was for a one-year term with
options for the city to extend it for two additional one-year
terms. By exercising these options, the City extended this
agreement through FY 1990-91. Staff has negotiated a new contract
with an initial term of three years, through FY 1993-94, and an
option for the City to extend the contract for an additional two
year term, through FY 1995-96. Staff recommends approval of this
contract, with a FY 1991-92 cost of $28,500, and the Chamber of
Commerce concurs with this recommendation.
RECOMMENDATION:
That the Council adopt the resolution
ratifying the three-year agreement with the
Chamber of Commerce.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
DISCUSSION:
The proposed contract effectively extends the agreement which the
city has had with the Chamber of Commerce for the past three years.
The general purpose of this agreement has been and continues to be
the provision of general public information services to residents,
visitors, mass media, potential business site selectors, and others
making inquiries about Chula vista. This basic service is governed
by the following provisions:
1. The contract carries a three-year term (FY 1991-92
through FY 1993-94) with the City having an option to
extend the contract for one additional two-year term (FY
1994-95 through FY 1995-96).
2. The City will pay the Chamber $28,500 in FY 1991-92, with
subsequent years' payments increasing by the CPI, up to
a maximum of 5% per year.
<i -I
Page 2, Item
Meeting Date
~
9-10-91
3. The contract may be terminated by either party for any
reason by providing 30 days written notice.
4. The Chamber shall respond to all walk-in, phone and mail
inquiries. Responses will be accurate, cooperative and
timely, and will promote goodwill on behalf of the City.
The Chamber shall provide qualified and adequately
trained staff to respond to a broad range of inquiries as
specified in the contract.
5. The Chamber shall show no preferential treatment to
Chamber members or any other group or individual persons
or businesses. However, whenever possible, referrals
shall be made to Chula vista businesses.
6. The Chamber shall submit quarterly reports to the city
showing the number and type of inquiries and responses,
and the costs associated with providing the service.
7. The Chamber shall not charge a fee for providing
information unless specifically approved in writing by
the City. The Chamber may charge a fee for maps which it
prints and produces. Large booklets may carry a minimal
charge following further consideration by the City.
8. The City's contract payments shall be used solely for
providing general information services and shall not be
used to support any political activities.
9. The Chamber shall provide new and pertinent information
to the visitor information centers and shall develop and
utilize standardized packets of information for response
to general inquiries about the City. The Chamber will
coordinate responses to significant business relocation
inquiries wi th the ci ty I S Communi ty Development
Department.
The Chamber's Quarterly Reports provide a good indication of the
range of services the City is obtaining from this contract. In the
course of FY 1990-91, a total of 16,111 inquiries were initiated on
general information items. By comparison, FY 1989-90 saw a total
of 12,369 inquiries, for an increase during the past year of 30.2%.
The breakdown by subject matter is as follows:
New Resident
Tourist/Visitor
Special Events
Government Services
Mexico
Business/Service Referrals
General civic Information
TOTAL
1,882
3,280
2,068
1,467
360
1,639
814
AVG. PER MONTH
157
273
172
122
30
137
68
i-2.
Page 3, Item
Meeting Date
fj
9-10-91
Mass Transit
other
575
4,026
48
335
16,111
1,343
One factor which the Quarterly Report does not reflect is public
satisfaction with the level and quality of service provided. While
these criteria have not been formally measured in the past year, a
formal opinion survey was conducted in 1988 in which 89% of
respondents rated the service as excellent, 99% said they received
their information in a timely manner, and all respondents felt that
they had been treated courteously by Chamber employees. Staff
intends to conduct another formal survey during the new contract
period.
CONCLUSION:
The services covered by this contract can be provided more
efficiently by the Chamber than they could be by City staff.
Current staffing levels do not permit the city to respond to the
volume and types of inquiries received by the Chamber. While it
would be possible to hire and train additional employees to perform
these tasks, the costs for salaries and benefits would exceed the
cost of contracting for the services.
FISCAL IMPACT:
The FY 1991-92 cost for this service ($28,500) has been budgeted in
the Non-departmental Budget. with a 5% cap for CPI increases in
years two and three, the maximum future expenditures which could
result would be $29,925 and $31,421 respectively. The FY 1990-91
contract cost was $27,064, with the Chamber estimating their costs
associated with providing the services at $36,328. The negotiated
amount of $28,500 for FY 1991-92 represents a 5.3% increase over
the previous year's contract cost.
All Chamber contract expenditures by the General Fund are 50%
reimbursed by the Redevelopment Agency.
Attachments
JT/jy
<<..3 I g.,2...
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
JULy, AUGUST & SEPl'EMBER 1990
September 30,1990
RECEIVED REPI..JE.';
PHONE WALK-IN MAIL MAILED
New Resident 146 128 174 100
ThurisWlSitor 514 133 1m 254
Special Events IS) 45 an
Government Services 300 118 S) 32
Mexico 00 m 12 00
BusinesslService Referrals 191 ill S) 141
General Civic Information 134 .(3 m 107
. Mass Transit & m 18 ~
Others 856 f!1 98) W8
2,328 769 1,974 1,606
TOTAL NUMBER INQUIRIES:
INQUIRIES REPLIED BY MAIL:
5,071
1,606
)f wS-
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
JULy, AUGUST & SEPTEMBER 1990
September 30,1990
COST/UTILIZATION:
1. Staff Time 639 Hrs.
2. Supplies
3. Postage
4. Printing
5. Equipment
a) Postage Machine:
b) Copier:
TOTAL EXPENSES:
CITY CONTRACT:
~.Io
$ 3,120.00
$ 2,540.00
$ 371.15
$ 2,266.00
$ 600.00
$ 150.00
$ 450.00
$ 8,897.15
$ 6,766.00
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
OCTOBER, NOVEMBER & DECEMBER
1990
December 31, 1990
REPLIES RECEIVED
PHONE WALK-IN MAILED MAIL
New Resident 141 107 175 1:K)
ThurisWlSitor 452 113 538 ZZ1
Special Events 1,141 71 321 146
Government Services :K)1 ffi /I) 28
Mexico 6i at 12 8
BusinesslService Referrals 172 112 71 at
General Civic Information 140 ~ Eli 15
Mass Transit 128 58 10 3
Others 878 .l24 ...l1 .lO
3,417 722 1,325 001
TOTAL NUMBER INQUIRIES:
INQUIRIES REPLIED BY MAIL:
4,740
1,325
<i-1
CHULA. VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
OCTOBER, NOVEMBER & DECEMBER 1990
December 31,1990
COST/UTILIZATION:
1. Staff Time 639 Hrs. $ 3,120.00
2. Supplies $ 2,033.85
3. Postage $ 478.05
4. Printing $ 2,266.00
5. Equipment $ 600.00
a) Postage Machine: $ 150.00
b) Copier: $ 450.00
TOTAL EXPENSES:
$ 8,497.90
CITY CONTRACT:
$ 6,766.00
~.~
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
JANUARY, FEBRUARY AND MARCH 1991
March 31, 1991
REPLIES RECEIVED
PHONE WALK-IN MAILED MAIL
New Resident au 198 128 100
ThurisWlSitor :m 165 2J6 ax)
Special Events 131 2B 78
Government Services 'm m :J) 17
Mexico 2) 16 10 10
BusinesslService Referrals 130 84 576 ax)
General Civic Information 128 6 51 19
Mass Transit 72 31 19 6
Others 372 1m .JMl !OO
1,435 756 1,997 78>
TOTAL NUMBER INQUIRIES:
INQUIRIES REPLIED BY MAll..:
2,976
1,997
~ -'1
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
JANUARY, FEBRUARY AND MARCH 1991
March 31, 1991
COSTIUTILlZATION:
1. Staff Time 639 Hrs. $ 3,120.00
2. Supplies $ 2,807.13
3. Postage $ 773.41
4. Printing $2,773.00
5. Equipment $ 600.00
a) Postage Machine: $ 150.00
b) Copier: $ 450.00
TOTAL EXPENSES:
$10,073.54
CITY CONTRACT:
$ 6,766.00
~.ID
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
APRIL, MAY AND JUNE 1991
June 30, 1991
REPLIES RECEIVED
PHONE WALK.IN MAILED MAIL
New Resident 218 ~ 157 12)
ThurisWlSitor 2J8 175 432 z:n
Special Events 131 28 100 78
Government Services 274 64 21 ID
Mexico 41 21 6 9
Business/Service Referrals 197 'i9 197 244
General Civic Information 00 81 484 2)
Mass Transit W 5i 15 9
Others ~ -1L .LOO3 1!iB
1,621 798 2,483 905
TOTAL NUMBER INQUIRIES: 3,324
INQUIRIES REPLIED BY MAIL: 2,483
i-I)
CHULA VISTA
CHAMBER OF COMMERCE
QUARTERLY REPORT
APRIL, MAY AND JUNE 1991
June 30, 1991
COST/UTILIZATION:
1. Staff Time
639 Hrs.
2. Supplies
3. Postage
4. Printing
5. Equipment
a) Postage Machine:
b) Copier:
TOTAL EXPENSES:
CITY CONTRACT:
S=--/~
$ 3,120.00
$ 1,196.20
$ 730.21
$ 3,213.00
$ 600.00
$ 8,859.41
$ 6,766.00
$ 150.00
$ 450.00
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING A THREE YEAR AGREEMENT
WITH THE CHAMBER OF COMMERCE FOR GENERAL
INFORMATION SERVICES AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in June 1988, the City Council
agreement wi th the Chula Vista Chamber of Commerce
public information and referral services; and
approved an
for general
WHEREAS, this agreement was for a one-year term wi th
options for the City to extend it for two additional one-year
terms; and
WHEREAS, by exercising these options, the City extended
this agreement through FY 1990-91; and
WHEREAS, staff has now negotiated a new contract with an
initial term of three years, through FY 1993-94, and an option
for the City to extend the contract for an additional two year
term, through FY 1995-96; and
WHEREAS, staff recommends approval of this contract,
with a FY 1991-92 cost of $28,500, and the Chamber of Commerce
concurs with this recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby ratify a three-year agreement
with the Chamber of Commerce for general information services, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
--Ii
/~-
Deputy Clty
I'
Presented by
1 Y Attorney
~- \3/8-'1
CONTRACT FOR PROVIDING GENERAL INFORMATION
SERVICES TO TIm GENERAL PUBUC
This agreement is made this day of 1991, for the purposes of
reference only, and effective as of the date last executed between the parties, between the
CITY OF CHULA VISTA (hereinafter "City") and the CHULA VISTA CHAMBER OF
COMMERCE (hereinafter "Chamber") and is made with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista desires to continue providing for the general
informational needs of residents and visit<;>rs to the city; and
WHEREAS, the Chula Vista Chamber of Commerce occupies a unique public service
position in the city; and
WHEREAS, the Chula Vista Chamber of Commerce has provided general infonnation
services to the public at large for many years; and
WHEREAS, Chamber warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Chamber to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement; and,
WHEREAS, the City of Chula Vista and the Chula Vista Chamber of Commerce have
developed a mutually beneficial agreement to ensure a high level of infonnational public
service is maintained for the good of the entire city; and,
NOW, THEREFORE, BE IT RESOLVED that the City and the Chamber do hereby
mutually agree as follows:
SECTION 1: SCOPE OF SERVICES
The Chamber of Commerce agrees to provide the following services:
A. The Chamber shall respond to all walk-in, phone and mail inquires received making
reasonable and appropriate requests for infonnation by the Chamber from
individuals, groups, businesses, news media, etc., and persons referred by the City.
Responses shall be accurate, complete, cooperative and promote goodwill on behalf
of the City. Responses shall be made in a timely manner. Walk-in and phone
inquiries shall be responded to as they are received unless additional research is
required. Mail inquiries shall be responded to within three (3) working days after
the receipt of such inquiries, unless extensive research is required.
1
9-15'
B. The Chamber shall provide qualified staff to respond to inquiries. The Chamber
shall provide adequate training and develop written guidelines and infonnation to
ensure that personnel are capable of providing extensive infonnation including, but
not limited to, the following:
1. Clubs and Organizations - Listing within community
2. Activity Schedules - Community events including, parades, displays, seasonal
promotions
3. Street [nformation
4. Medical Services - Listing within community
5. Professional Services - Listing within community
6. Chamber of Commerce Service Directory
7. Churches - Locations and schedules
8. Lodging Facilities - Listing within community
9. Nature Interpretive Center
10. Meeting rooms - Locations
11. Real Estate offices
12. Government Services & Referrals to Appropriate Department
13. Schools - Listing within community
14. Recreation Sites - Listing within community including parks, playgrounds,
picnic areas and local beach infonnation
15. Historical Sites
16. Health Facilities
17. Public Officials - Listing within community
18. Museums and Schedules
19. Public mass transit, HandyTrans, etc.
20. Mexico - [nfonnation on tourist cards, parking, etc.
21. Tourist Attractions - Locations and schedules
22. Post Office and other Public Building Locations
23. Newspapers and local publications including brochures on city and
surrounding areas
24. Mobile home parks
25. Chula Vista Harbor
26. Restaurants
27. Demographics about Chula Vista including population, housing, etc.
C. Chamber staff shall be available to respond to walk-in and phone inquiries Monday
through Friday from 9:00 a.m. to 5:00 p.m., except for New Years Day, Martin
Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day,
and Christmas Day.
Holidays cited above falling on a Saturday will be observed on Friday. When a
holiday occurs on Sunday, it will be observed on the following Monday.
2
i-tl.
D. The Chamber shall develop and utilize standardized packages of infonnation for
responding to general inquiries about Chula Vista as a visitor destination and for
new or potential residents of the City. Such packages shall be maintained with
current infonnation and shall meet with the approval of the City. The packages
may be used, but shall not be deemed solely adequate, for inquiries making
reasonable, specific requests for infonnation not routinely included in the packages.
E. For inquiries beyond the expertise of the Chamber, referrals may be made to more
appropriate entities. Such referrals shall be recorded and reported in the quarterly
summary to the City.
F. The Chamber shall coordinate responses to significant business relocation inquiries
with the City's Community Development Department.
G. During a specified period each year of this contract determined by the City and
Chamber, the Chamber shall develop and make available to the public unstamped
response cards addressed to the City to obtain feedback on the quality of
information provided. Each response to mail inquiries shall include such a card.
All cards returned to the Chamber shall be forwarded to the City.
H. The Chamber staff shall be neatly dressed and courteous at all times and shall
present a positive, friendly and responsive image of the city.
I. The Chamber shall not charge a fee for providing infonnation unless specifically
approved in writing by the City. Chamber may request approval at any time and
will provide a complete list of the booklets of information being sold by July 1 of
each year of this agreement. Generally, extensive booklets of infonnation that
relate to the topics in Section LB. 1-27 consisting of more than 15 pages will be
considered for approval by the City. City maps will be sold to the City at cost, to
the City's Visitor Infonnation Centers at member cost and for no more than $3 to
the general public.
J. The Chamber shall provide to the visitor information centers at E street and 1-5 and
at Bonita Road and I-80S updated information upon request. The Chamber shall
include the centers on the Chamber's mailing list and sell city maps to the centers
at the member price. The Chamber shall exercise care in ensuring the visitor
infonnation centers are provided with new, pertinent information as it arises, such
as special events, lists of visitor-oriented businesses and attractions.
K. Responses to inquires shall show no preferential treatment to Chamber members or
any other group or individual persons or businesses. Wherever possible, however,
referrals to businesses shall be made to businesses in the City of Chula Vista.
Referrals shall be rotated among businesses qualified to provide the service or
services requested.
3
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SECl10N 2: PAYMENT
A. The City shaII pay to the Chamber $28,500 per year in quarterly payments for the
term of this agreement. The annual cost and quarterly payments shall be adjusted
at the beginning of each fiscal year, after the first year, in proportion to the
percentage increase of the All Urban Consumers Price Index for the San Diego
Region (CPI) for the most recent twelve months, up to a maximum of 5% per year.
Quarterly payments shaII be made within ten (10) work days after receipt of
quarterly reports to be submitted by the Chamber as specified in Section 2.C.
B. The payments from the City to the Chamber shaII be used only for providing general
information services to the general public as outlined in Section 1. Payment for
these services shaII not be used in support of any political activities for any
candidate or issue, nor shaII they be used to supplant other Chamber funds in any
manner that results in such Chamber funds being used to support political activities
for any candidate or issue. Any political expenditures made in relationship to the
Chamber will be as Political Action Committee (PAC) funds specifically raised for
political purposes.
C. The Chamber shaII record and submit in writing quarterly reports to the City for the
quarters ending September 30, December 31, March 31 and June 30. Said reports
are due within 30 calendar days of the end of the quarter. Reports shaII include the
following:
1. Number of inquiries received categorized by mail, phone and walk-in visitors,
and the number of inquiries responded to by mail. Types of inquiries shall
be categorized by, but not limited to, the following topics:
a. New residents
b. Tourist/visitor related
c. Special events
d. Government services, regulations, ordinances, elected officials, etc.
e. Mexico
f. Business/service referrals
g. General civic information, hospitals, newspapers, clubs, churches,
charities, etc.
h. Mass transit
i. All others
2. Number of inquiries reqwnng additional research beyond the base of
information maintained by the Chamber either in written form or through
the personal knowledge of Chamber staff.
4
<? - l&'
3. A tally of the number of inquiries refelTed to other entities, including date
of inquiry, type of inquiry (walk-in, phone or mail), entity refened to, and
subject of inquiry. The Chamber will provide the name and address of
person or business making inquisition, if appropriate.
4. Costs associated with providing information services, including, but not
limited to, employee staff time required, office supplies, postage, printing,
office equipment and phone calls.
SECIlON 3: TERM
A. The term of this agreement shall be for three (3) years, commencing on July 1,
1991 and ending on June 30, 1994 subject to the termination provisions of this
agreement. The City has the option to extend the term of this contract for a two
year increment by providing written notice to Chamber of City's intent to exercise
this option by June 30, 1994.
B. If, through any cause, Chamber shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if Chamber shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Chamber of such termination and
specifying the effective date. In that event, quarterly payments will be prorated and
less any damages caused City by Chamber's breach.
C. The City or Chamber may terminate this agreement at any time and for any reason
by providing a written notice of such termination at least thirty (30) days prior to
the effective date of such termination. In that event, quarterly payments will be
prorated. Chamber hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
SECIlON 4: SCHEDULE AND ADMINIS"ffiATION
A. The City may evaluate the quality and quantity of service provided by the Chamber
using various methods including, but not limited to, unannounced phone, mail and
walk-in inquiries designed to evaluate quality and timeliness of responses, random
checks of staff knowledge, and periodic observations of Chamber staff responding
to inquiries. Such reviews shall be limited to information services provided under
this contract and shall not include other Chamber activities.
B. Chamber shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Chamber, or any agency or employee, subcontractors, or others in
5
?- \'t
connection with the execution of the work covered by this Agreement, except only
for those claims arising from the sole negligence or sole willful conduct of the City,
its officers, or employees. Chamber's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same proceed to judgment
or not. Further, Chamber at its own expense shall, upon written request by the
City, defend any such suit or action brought against the City, its officers, agents, or
emproyees. Chamber's indemnification of City shall not be limited by any prior or
subsequent declaration by the Chamber.
C. Chamber shall, throughout the duration of this Agreement, maintain the following
insurance coverages.
1. Commercial General Liability Insurance including Business Automobile
Liability Insurance in the amount of $1 million combined single limit, which
names the City of Chula Vista as additional insured and is primary to any
insurance policy carried by the City.
2. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance in the amount of $1 million.
All policies shall be issued by a carrier that has a Bests' Rating of "A, Class V', or
better, or shall meet with the approval of the City's Risk Manager.
Chamber will provide, prior to commencement of t11e services required under the
agreement, certificates of insurance for the coverages required in this section, and,
for Commercial General Liability Insurance, a policy endorsement for the City as
additional insured, a policy endorsement stating the Chamber's insurance is primary
and a policy endorsement stating that the limits of insurance apply separately to
each project away from premises owned or rented by the Chamber. Certificates of
insurance must also state that each policy may not be canceled or significantly
changed without at least thitty (30) days written notice to the City.
D. No suit or arbitration shall be brought arising out of this agreement, against the city
unless a claim has first been presented in writing and filed with the City of Chula
Vista and acted upon by the City of Chula Vista in accordance with the procedures
set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time
to time be amended, the provisions of which are incorporated by this reference as
if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
6
CC-~O
Upon request by City, Chamber shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
E. Should that dispute result in litigation, it is agreed that the prevailing party shall
be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
F. The Services of Chamber are personal to the City, and Chamber shall not assign any
interest in this agreement, and shall not transfer any interest in the same (whether
by assignment or novation), without prior written consent of City which City may
unreasonable deny.
G. City is interested only in the results obtained and Chamber shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to reject
or accept Chamber work products. Chamber and any of the Chamber agents,
employees or representatives are, for all purposes under this Agreement, an
independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
H. For purposes of this agreement, the City Manager or his or her designee shall be the
contract administrator. For those conditions requiring written approval of the City,
the City Manager or his or her designee shall have the authority to provide said
written approval.
WRfITEN CORRESPONDENCE RELATING TO TIllS AGREEMENT SHAU. USE TIm
ADDRESSES GIVEN BELOW:
City Manager
276 Fourth Avenue
City of Chula Vista
Chula Vista, CA 91910
Chula Vista Chamber of Commerce
233 Fourth Avenue
Chula Vista, CA 91910
7
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,
)
SIGNA1URE PAGE TO
AGREEMENT FOR PROVIDING GENERAL INFORMATION
SERVICES TO THE GENERAL PUBUC
IN WITNESS WHEREOF, City and Chamber have executed this Agreement this
day of .1991.
THE CI1Y OF CHULA VISTA
CHULA VISTA CHAMBER OF COMMERCE
Mayor
ArrEST
City Clerk
City Attorney
A:CHAMBER
8
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COUNCIL AGENDA STATEMENT
Item
'f
Meeting Date
09/10/91
ITEM TITLE: Resolution ''''~~O Approving Settlement Agreement,
Release and Modification with Chula Vista Cable and
Providing Notice to Chula Vista Cable of a
"Renegotiation Interval" Pursuant to section
3.B.(1) of the Franchise Agreement
SUBMITTED BY: City Attorney~ ~I
Deputy City Manager Thomson 'J
Director of Finance~
REVIEWED BY: City Manager) ~ ill (4/5THS Vote: Yes_No-L)
Following a Public Hearing on September 15, 1987, the Chula Vista
City Council granted a cable television franchise to Ultronics,
Incorporated pursuant to Article XII of the City Charter.
Subsequently, on June 13, 1989 the City Council approved an
assignment of the Cable Television Franchise from Ultronics to
Chula Vista Cable.
Section 5 of the Franchise Agreement requires the Grantee (Chula
Vista Cable) to pay to the City a sum of 3 percent of the total
gross receipts of the Grantee on a quarterly basis. In a March 21,
1991, agenda report to the City Council regarding trenching fees,
staff also indicated that Chula vista Cable was in arrears in
payment of its franchise fees and was asserting that the amount
paid by Chula vista Cable in possessory interest taxes to the
County of San Diego should offset the franchise fees due the City.
Staff disagreed with that position and has been meeting and
negotiating with Chula vista Cable since that time to resolve the
issues.
The proposed Settlement Agreement, Release and Modification before
the Council tonight establishes a payment schedule for past due
franchise fees from Chula vista Cable 'and makes it clear that
possessory interest taxes are the sole responsibility of Chula
vista Cable.
The Resolution also provides notice to Chula vista Cable of a
"Renegotiation Interval". The Franchise Agreement provides an
opportunity for "renegotiation" every five years. For the City to
take advantage of a "renegotiation interval" notice must be given
at this time. The purpose is to discuss any changes in cable law
or other issues related to cable that may impact the Franchise
Agreement. Any resulting changes to the Franchise Agreement must
be mutually agreed on by both parties. The "renegotiation
interval" has a duration of one year and staff will be discussing
consumer protection standards, overbuilding, and other cable
related issues with Chula vista Cable.
'i--J
Page 2, Item ~
Meeting Date 09/10/91
RECOMMENDATION:
That Council adopt the Resolution approving the Settlement
Agreement, Release and Modification with Chula Vista Cable and
providing notice to Chula Vista Cable of a "Renegotiation
Interval".
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Franchise fees are 3 percent of Chula vista Cable's gross revenues
and payable to the City on a quarterly basis. The last payment of
franchise fees received from Chula vista Cable was in December,
1990 and represented the two quarters ending June 30, 1990. No
payments have since been received and franchise fees are due in the
amount of $15.045.19 for the balance of calendar year 1990 and the
quarterly estimated payment that was due June 30, 1991. The
Franchise Agreement calls for additional payment equal to one
percent of the amount due for each month during which the franchise
fee is due and unpaid, as interest for loss of use of the money
due.
Chula vista Cable's reason for non-payment was an assertion that
the possessory interest taxes paid to the County of San Diego by
Chula vista Cable should be an offset against the franchise fees
due the City. The issue of possessory interest taxes is not
addressed in the original Franchise Agreement and there is a
legitimate question as to who bears responsibility for payment.
Settlement Aqreement. Release and Modification
In order to settle the disputed issue of payment of possessory
interest taxes offsetting City franchise fees, the proposed
agreement provides Chula vista Cable a six month time schedule in
which to pay past due franchise fees. In return, Chula Vista Cable
will accept an amendment to the Franchise Agreement making clear
that the responsibility and liability for payment of possessory
interest taxes lies with the Franchisee (Chula Vista Cable).
The main points of the proposed agreement are as follows:
1. The amount of franchise fees past due is $15.045.95. Chula
vista Cable agrees to pay the above amount in six monthl v
installments of $2.057.66 each beginning September 15. 1991.
Interest is waived as long as the installments are received on
or before the due date. If the payment schedule is not met,
then the remaining balance will bear an interest rate of 12
percent per annum.
9 -z
Page 3, Item '1
Meeting Date 09/10/91
2. The Franchisee (Chula Vista Cqble) accepts sole responsibility
for payment of any property tax, including but not limited to
possessory interest tax.
3. Quarterly installment payments required by the Franchise
Agreement, due September 30 and December 31, 1991, in the
amount of $4,862.19 each, will be paid in addition to the
monthly installments.
4. The City will consider a "cable billing presentation policy"
to be uniformly applied to all cable operators. This relates
to billing format and the delineation of governmental taxes
and fees on the customer's bill. As indicated in an August 15
memo to the City Council, Cox Cable intends to place a
separate line item on their bill for possessory interest tax
beginning with their late September billings. It is also
their intention to combine all governmental taxes and fees
(franchise, sales, copyright, possessory interest) into a
single line item beginning in December, 1991.
Staff has a concern, relating to accountability, regarding Cox
Cable's proposed change in billing format. This is being
pursued through discussions with Cox Cable. Staff is also
developing a "cable billing presentation policy" which will
apply to both Cox Cable and Chula vista Cable.
Staff believes that the proposed agreement is a fair settlement of
a disputable claim and avoids potential litigation.
Notice of "Reneqotiation Interval"
The Franchise Agreement with Chula vista Cable, entered into in
September, 1987, provides that the Agreement will be subject to a
"Renegotiation Interval" every five years. Renegotiation may be
initiated upon written notice given by the City or Chula vista
Cable to the other not less than one year prior to the
Renegotiation Interval. The Franchise Agreement with Chula vista
Cable is for a term of 23 years provided, however, that the term
can be extended in accordance with the following procedures:
(1) The provisions of this Franchise shall be subject to
renegotiation every five (5) years during the term of the
Franchise, including any extensions thereof. These renegotiation
opportunities shall be referred to as "renegotiation intervals".
Renegotiation may be initiated upon written notice given by the
City or Grantee to the other not less than one (1) year prior to
the particular Renegotiation Interval. Any renegotiation necessary
shall be directed towards effecting alterations in the terms and
conditions of this Franchise to reflect any significant changes
which occurred during the interim period.
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Page 4, Item
Meeting Date 09/10/91
q
(2) If any renegotiation prior to the end of the term,
including extension of this Franchise, results in agreement between
the city and Grantee, or if, alternatively, both parties agree, at
any renegotiation interval as defined above, that no renegotiation
is needed or required, then the term of this Franchise shall be
extended for an additional five (5) years by an appropriate action
of the City Council. If any renegotiation fails to result in
agreement, the term shall not be extended unless the City Council
so specifies by appropriate action.
(3) This Franchise shall terminate without further action by
the City at the end of the term, including extensions, of this
Franchise; provided, however, the total of this Franchise, with
extensions, shall not exceed fifty (50) years from the effective
date of this ordinance; providing, further, that the City Council,
at or before the end of the term, or the term as extended, retains
the exclusive power to grant a further extension, or a renewal of
this Franchise, or a new Franchise to Grantee.
This is the first opportunity for a "Renegotiation Interval" under
the current Franchise Agreement. Staff feels that if there is to
be an extension of the term of the Franchise Agreement for an
additional five years, then it must be done as a result of a
renegotiation process. If agreement cannot be reached during the
"Renegotiation Interval", then the term will not be extended..
FISCAL IMPACT:
Under the Settlement Agreement, Release and Modification, the City
agrees to waive interest on the past due franchise fees. Staff
estimates the interest amount being waived to be approximately
$950, and, in return, potentially costly litigation is avoided.
Attachment One Settlement Agreement, Release and Modification
Attachment Two Letter From Chula vista Cable dated
December 26, 1990
Attachment Three - Franchise Agreement with Ultronics as Assigned
to Chula Vista Cable
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RESOLUTION NO. 11.S~l:>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SETTLEMENT AGREEMENT,
RELEASE AND MODIFICATION WITH CHULA VISTA
CABLE AND PROVIDING NOTICE TO CHULA VISTA
CABLE OF A "RENEGOTIATION INTERVAL" PURSUANT
TO SECTION 3.B.(l) OF THE FRANCHISE AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, following a public hearing on September 15,
1987, the City Council granted a cable television franchise to
ultronics, Incorporated pursuant to Article XII of the City
Charter; and
WHEREAS, subsequently, on June 13, 1989,
Council approved an assignment of the Cable Television
from Ultronics to Chula Vista Cable; and
the City
Franchise
WHEREAS, Section 5 of the Franchise Agreement requires
the Grantee (Chula Vista Cable) to pay to the City a sum of 3
percent of the total gross receipts of the Grantee on a quarterly
basis; and
WHEREAS, Grantee has been in arrears in payment of its
franchise fees and was asserting that the amount paid by them in
possessory interest taxes to the County of San Diego should
offset the franchise fees due the City; and
WHEREAS, staff disagreed with that position and has been
meeting and negotiating with Grantee to resolve the issue; and
WHEREAS, the proposed Settlement Agreement, Release and
Modification establishes a payment schedule for past due
franchise fees from Grantee and makes it clear that possessory
interest taxes are the sole responsibility of Chula Vista Cable;
and
WHEREAS, the Franchise Agreement provides that the
Agreement will be subject to a "Renegotiation Interval" every
Live years and renegotiation may be initiated upon written notice
given by the City or Grantee to the other not less than one year
prior to the Renegotiation Interval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Settlement
Agreement, Release and Modification with Chula vista Cable, a
copy of which is on file in the office of the City Clerk.
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BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute this
Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City of Chula Vista does
hereby provide notice to Chula Vista Cable of a "Renegotiation
Interval" pursuant to Section 3.B.(1) of the Franchise Agreement
and the city Manager, or his designee, is hereby directed to
deliver such notice to Chula Vista Cable on behalf of the City.
Lyman Christopher, Director of
Finance
9254a
A~""t
Aruce M.
~
r , City Attorney
Presented by
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Q1- -r;rq C /-I j11 E Il/I O.Alcr 1
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Settlement Agreement, Release and Modification
Chula Vista Cable Franchise Fee
This agreement ("Agreement") is aade between the City of Chula
Vista, a chartered municipal corporation of the State of California
("City") and Chula Vista Cable, a California Limited Partnership
("CVC") and Martin Altbaum, individually ("Altbaum") and as
president of CVC (the last two named parties shall collectively be
referred to herein as "Operator"), and is made with reference to
the following facts:
Fact Recitals
I. This Agreement is made with reference to the following facts:
A. On September 15,1987, upon Application of Operator, city
granted Ultronics, Inc. a franchise to operate a cable television
siqnal distribution system ("Franchise"); and, .
B. On June 13, 1989, city approved assignment of the
Franchise from Ultronics to Chula Vista Cable, a California Limited
Partnership; and,
C. San Diego County Assessor ("Assessor") has assessed CVC
annually with a possessory interest tax ("Tax") on the value of the
right to occupy city rights of way; and,
D. CVC contends that City should pay the Tax and City objects
to such contention, and denies any liability for the Tax; and,
E. Pursuant to the Franchise, CVC is required to pay to the
City a franchise fee of 3\ of CVC's gross revenue ("Franchise
Fee"); and,
F. CVC has failed to pay the Franchise Fee for the last two
quarters for the 1990 calendar year (which were due December 31,
1990 and April 15, 1991, respectively), and the first quarterly
estimate for the 1991 calendar year (which was due June 30, 1991)
("Period of Delinquency"); and,
G. CVC and Altbaum warrant and represent that the proper
amount of the Franchise Fee that is currently due during the Period
of Delinquency is $15,045.95, which includes 3\ of aross revenues.
includina revenues collected to nay franchise fees. ("Delinquent
Amount"), of which $10,183.76 represents the balance due for the
calendar year 1990, and $4,862.19 represents the quarterly estimate
due June 30, 1991.
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Auqust 16, 1991
Settlement and General Release Agreement
Page 1
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xx. Settlement Provisions.
Now, therefore, the parties hereto agree as follows:
A. Duty to .pay Delinquent Amount.
Operator agrees to pay to City, and City agrees to accept,. the
Delinquent Amount in six (6) monthly installments of $2,507.66
each, commencinq the fifteenth (15th) day of Septemper, 1991, and
continuinq thereafter on the 15th day of each successive month
until paid in full. Interest thereon shall be waived if said
installments are received on or before the date due. However,
commencinq on the date that any such installment is paid after the
due date, and for each installment thereafter due, the remaining
balance of the Delinquent Amount shall bear interest at the rate of
twelve (12%) percent from an assumed oriqinal due date of March 30,
1991 until actually paid, which interest charqe shall be payable on
the due date of the installment.
B. Release of City for Tax.
Xn exchanqe for the promises herein contained, Operator, for
themselves, and their heirs, executors, administrators, successors
and assigns hereby release, acquit and forever discharge City, and
its officers, agents, employees, servants, successors, heirs, ex-
ecutors, administrators and all other persons, firms, corporations
associations or partnerships of and from any and all claims, ac-
tions, causes of action, demands, riqhts damages, costs, loss of
service, expenses and compensation. whatsoever, which Operator may
now have or which may hereafter accrue on account of the imposition
of the Tax, and any matter related thereto.
1. Waiver of Section 1542.
xt is further understood and agreed that all rights under
Section 1542 of the Civil Code of California and any
similar law of any state or territory of the United
States are hereby expressly waived. Said section reads
as follows:
-1542. certain claims not affected by qeneral release.
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by
him must have materially affected his settlement with the
debtor.-
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August 16, 1991
Settlement and General Release Agreement
Page 2
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2. Waiver critical to Consideration.
The parties hereto acknowledqe that they understand
the meaninq and import of a waiver of Section 1542 'of the
California civil Code. xt is expressly understood that
a key element of the consideration passinq between the
parties to resolve their disputes is the waiver of
Section 1542 of the California Civil Code.
C. The Franchise is hereby amended to add the followinq
provision, at the end thereof, as follows: .
"The property interest herein contained is or may be subject
to property taxation, and that any Dronertv tax. includina but not
limited to nosses.orv interest tax imposed by any federal, state or
local governmental authority is and shall be the sole responsibili-
ty of Franchisee."
D. . city will' review and consider a "cable billing
presentation policy", and upon approval of same, will uniformly
apply same to all cable operators to the extent permitted by law.
~~e sRall Be permi~~ed BY ~he ei~y ~e idefttify, as a separate liRe
i~e. 8ft its .eR~ly ~il1ift', 1ft a aaRfter app~e7ed BY ~fte eity vkieh
ap,re-.~al eBBll eRl:f se euereised fer ~e p~eBe af In~'8~eetiR' tBe
'\111118 a,aiRs't false SE' .1818881", Jaill!",., ~at ,artieR sr
eempsReft'E af the si1liR, valek viII 88 Bet aside sy Spar.ter ~B pay
.tker tenas aRB. e8Rdi1:.ieRs 'taB ~..aiJl1 'tike satle. Any eftarle 1=.e
8\il9seriJaers deliBeat.ed as a se,arate 11fte itetl, ether t1haR ~e
fraRehise fee, is eeRsidered par_ .f evs wrsss ~aVeR\ieS, aRB as
8\iSk is s\iJajeet. 1:.8 the eity's freHehts. fee. Ne~vitftB~aRBiR8 ~ke
~eFe8eiR8. Re liRe i~em Sft aR~ SHBssFieeF meR~hl~ eilliR8 shall Be
1ft a seFeeR~a8e sy BmeHH~ 8Fea~eY ~kaR ~ha~ BHBsBFieep.s
mFeseF~ieRa~e share sf Baii I~em.
E. Franchise Not Otherwise Modified. Other than as herein
provided, the franchise agreement is not otherwise modified.
Specifically, nothing herein shall relieve evc from makinq the 1991
quarterly installment payments required by the franchise agreement,
which shall be due according to the terms. of the Franchise
($4,862.19 on September 30 and $4,862.19 on December 31, 1991) in
addition to the monthly installments required by this Agreement.
F. General Provisions.
1. No Admission of Liability.
It is understood and agreed that this 8ettlement is a
compromise of a doubtful and disputed claim, and that the promises
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August 16, 1991
Settlement and General Release Agreement
Page 3
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made herein are not to be construed as an admission of liability on
the part of the party or parties hereby released, and that said
releasees deny liability therefor and intend merely to avoid
litigation and buy their peace, or for other reasons.
2 . No External 1:nducement.
The undersigned further declares and represents that no
promise, inducement or aqreement not herein expressed has been made
to the undersiqned, and that this Release contains the entire
'aqreement between the parties hereto, and that the terms of this
Release are contractual and not a mere recital.
3. Entire Aqreement.
This is the entire Aqreement between the parties hereto.
All other oral aqreements, discussions, and negotiations are
superseded by and merged into this Aqreement. Each party
represents to the other that it has not relied on any statement not
contained in this document.
4 . Amendment.
The parties hereto each aqree that this Aqreement shall
not be supplemented, amended, or modified in any manner whatsoev~r
except by an instrument in writing siqned by all the parties
hereto.
5. Assiqrunent.
The parties hereto each aqree that neither this Aqreement
nor any rights or obligations hereunder shall be assigned or
transferred, either voluntarily or involuntarily, without the prior
written consent of the other party.
6. Governing Law.
This Aqreement shall
construed and enforced pursuant
California.
be subj ect to, governed by,
to the laws of the state of
7. No Adverse Construction 1:ntended.
The parties to this Aqreement acknowledge that all of the
siqnatories hereto have jointly participated in the preparation of
this Aqreement. Based upon that fact, the parties aqree that this
Aqreement shall not be interpreted for or against any party hereto
and no rule of construction will apply such that any ambiquity
within this Aqreement may be construed for or against any party
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Auqust 16, 1991
Settlement and General Release Aqreement
Page 4
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hereto.
8. Attorney's Fees; Costs; Venue.
This contract shall be governed by the laws of the state
of California. Should any legal action be brought to enforce or
interpret the terms or provisions of this aqreement, any court of
competent jurisdiction located in the County of San Diego,
California shall be proper venue for an action. If any legal
action is brought to enforce or interpret the terms or provisions
of this aqreement, the prevailing party shall be entitled to
reasonable attorney's fees and costs in addition to any other
relief to which they may be entitled.
9. Counterparts.
This Aqreement may be executed in multiple counterparts,
each of which shall be deemed an original Aqreement, and all of
which shall constitute one Aqreement.
Now therefore, the parties hereto, having read and understood
the terms and conditions of this aqreement, do hereby express their
consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: August 16, 1991 city of Chula Vista
by:
Tim Nader, its Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Dated: August 16, 1991
by:
Mart
Cable, a California
~iP
General Partner
Mart
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August 16, 1991
Settlement and General Release Aqreement
Page 5
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("e. ;.
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6...&..~. -- ~
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Chula Vista Cable
.If DIVISIO.'" OF ULTRONICS, INC
FRANCHISED GfBLE OPERATOR
December 26, 1990
Mr. Lyman Christopher
Director of Pinance
CITY OP CHULA VISTA
276 Pourth Avenue
Chula Vista, CA 92010
RE: 7RMfCBXSB JPBBS Mm eomrry OlP .AN D%1!:CJO POSSESSORY ~HTEREST IJ.'AX
...- ".
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Dear Mr. Christopher:
Enclosed is the Report of Franchise Pees and a check for
$9,265, for payment of the franchise fees. As Mr. Mahone
discussed with you on the telephone, Chula Vista cable has paid
over $21,000 in San Diego County possessory interest taxes to date.
The County has assessed these taxes for the use of the public
rights of way. Our Franchise with the City of Chula Vista does not
require us to pay this possessory interest tax. It is our position
that this tax is an obligation of the City of Chula Vista. We have
paid this tax and as yet have not taken an offset against Franchise
fees payable.
Chula vista Cable has not waived any right to claim an offset~
for future franchise fees by the payment of these county taxes. we..)
have always worked with the City to resolve any differences that we
may have. In the near future, we would like to meet with you and
the city Attorney and see if we can find a resolution to this
issue.
. Sincerely,
?ll~"e~
Martin L. Altbaum
President
MLA/cb
Enclosures (2)
.
q.. I 2..
'81 C Street. ChlJu Vista, C4/ifornia 92010 . (619) 476-0177
.
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Chula Vista Cable
A DIVISION OF ULTRONICS. INC.
FRANCHISED CABLE OPERATOR
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 Fourth Avenue
Chula Vista, CA 92010
Report of Franchise Fees for the Period of
Januarv 1. 1990 thru June 30. 1990
GROSS REVENUES
FRANCHISE FEE
TOTAL DUE
".-- .
$308,829
x 3'
$ 9,265
Check No. 4.4/9
for $9,265 is enclosed.
q-13
'81 C Street. ChM14 VillA, CAlifom;" 92010 . (619)476-0177
!fTTI'/CHIHf;7fI/ tHR.EE"
^GHr:!';Ml::~rr HI:."l'WEEt>l THE CfTY OF CI!ULA VISTA AND
ULTHONICS, INC., A CALH'ORNIA C(RPOOATIW,
GRA'ITING "'0 ULTRONICS, INC. THE NON-EXCLUSIVE
HIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE
LINES, WIHES, COAXIAL CABLE AND APPURTENANCES FOR
TRANS~lI'l1'ING, D!.STRIBLlrING AND SUPPLYING CABLE
TELEVISION SERVICE ALONG, ACROSS AlID lJI'OO THE
PU!JLIC STREETS, WAYS, ALLEYS AND PLACES WITIIIN
THE CITY Of OIULA VISTA
The parties
hereinafter referred
.IS "Grantee."
to this agreement are the City of Olula Vista,
to as .City: and Ultronics, Inc., hereinafter referred to
Sect ion 1.
DHItHTIONS.
For thL' purpose at this franchise, tile tollowing terms., phrases,
words, and thei[ derivations ~hdll h~we the meaning given herein. When not
uh:on.si.stent witil tht? context, won.h; used in the pres.?nt tense include the
tutuce, words in the plural nurrt)er include the singular nulT'ber, and words in
the singular nUn1.)(~r include th0 plural number. Provisions of this franchise
:shall be construf-'d in aCCO!lj,mce with the laws of the State ('If California.
d. ItCity": 'HIL' City of Chuld. Vista, a municipal corporation of the
State ot california, in its present incorIX>rated form, or in any
later reor~ani2ed, consolidated, enlarged or reincorporated form.
b. "Councillt: 'lhe pre~>ent governing body of the Cit' or any future
board C'Onstitutinq the leljislative body of the City.
c. ItFranchise Property": All property owned, installed or used
\Jndt~r authority of this tranchi::.>e.
d. "Gr.:l.nLvt''': 'lhe p->nmn or corporat ion to whom or which this
tr;.-mchise tS {~rd,ntpJ LJY the Council, and th~~ lawful successor or
a.ssitJrh~e ttH?reo(, clnd who or which has filed with the City an
,1I...l.~....'ptdtlt.~t' rL'tt~rrL>d to in Sect ions 3 hereof.
t', "Slrt..'t-'l.": 'lht.' :,urLh:e ot, .111<.1 the spaCt~ above and below any
p.Jl>llC ~;trt~l.!'t, rUiJd, t1i<jhway, treeway, lane, alley, court,
Sldt.:'walk, pdrkw~IY, t::\3Sel11l~nt, dnve or other p.1blic place now O!
!\'}[t'dttt'[ t-'xlstintJ d$ such witllin the City.
f. "C<:mh:. TeleviBion Systemlt: Shall mean a system of antennas,
("'..ables, wireH, lines, towers, wave guides, or any other
conductors, converters, ~uipment or facilities, designed and
l."Onstruct~d tor the purpo~H~ at producIng, receiving, arrpl ifying
and distributing, audio, video and other forms of (lectronic or
electrical si~nals.
q../1.(
q. "Sulx~cribt~rs": A.IlY person or tmtity receiving for any purpos~
till' Cable TpllKvlslon System :::>crvlce of the franchise herein.
h. "Total Gross Receipts": Any and all compensation in any form
paid by the sllbscriber to the Grantee arising from the sale of
l>..1sic and pay Cablp Television servic-2- to customers within the
corporate liHllts of the City. Without limitation, total gross
receirts shall not include (a) uncollectible arrounts; (b)
retunds or rebates made by Grantee; (c) revenues received as a
direct reirrbursement of Grantee's expense in the operation of
any acceSS channels; (d) sales, ad valorem, or other types of
"a{kj on" taxes, levies or fees calculated by gross receipts or
gross revenues which Grantee mlght have to payor collect for
r~eral, State or local government (exclusive of franchise fees
provided for herein); (e) revenues received for advertising on
GrantL.oe IS loral or igination channel, to the extent of Grantee's
duect costs of operation of Grantee's system; and (f)
noo-o~rating revenues such as income from operations l"'Iot
rL"-!UIClng use of a franchise or gain from sale of an asset.
Sect ion "2.
FMNCIIISE G!W~r.
'lht~ tr.Jnchise IIt?reoy granted by the City authorizes Ultronics, Inc.,
Gr,1rHt"', SllhJl~Ct t-o 1.11,--> pruvisions herein contained, to engage in the business
ul up-'ratin'] ~lI1rl providin1j il CaGle Television System in the City, and for that
purpOSt.' lu erect, ill5lall, construct, repair, replace, reconstruct, maintain
dnd retain in slrt:'L'ts :>uch poles, wires, cable, conductors, ducts, conduit
vdUllS, IT\.1nhol'~$, amplifiers, applia,nces, attacilments, and other property as
11\:11' t>t.' neces~:;dry and appurt~nant to tl1e Cable Television Systems; and, in
addition, so to U:;C, o~rCl.te anu provide similar properties rented or loaned
[rom other persons, firms, or corporations, for such purpose.
Section 3.
DUHAT r ON 01-' GRANr.
,). "}C' fo'rdnchise (Jralltt~d hereunder shall not become effective until
the hdppening of tollowing events:
(1) 'nH~ written dCL'eptance hereof by the Grantee accepting all
of t.l1IJ tt~rrn.':i and conditions of this Franchise and agreE.'ing
1.0 lll' oound lhereby, deliveCt~rl to the City in a form
dpprovl'd LJy till' Ci t Y At torney.
(.)
'n1\' 111111'1 wiU} tIle
c()lIIprl~llt~11Siv(-"! liabiliLy
SC'L"Linl1 l~{d) hel"0ol.
City of evidence
insurance pol icy
of
as
a generitl
required in
0. 'lhe lL'rm 01 tl1it> Frdnchi~t:' shall l~ twenty-three (23) years,
L"'OlIllJ...'nl...:'intj 011 Uw 0tt~ctive date of the Franchise as provided in
parayrLlph (it) of this section, provided, however, that the term
of thi$ r'ranchise rT\1Y be extended in accordance with the
proc',~dlJrt:'s :wt forth below:
q.(5
(I) 'lhe provisiuns of this Franchise shall be subject to
renegotiation every tive (5) years during the term of the
Franchise, including any extensions thereof. These
rt?negotiation opp::>rtunities shall be referred to as
"renegutiation intervals. II Renegotiation may be initiated
uPJn written net ice given by the City or Grantee to the
uther not less than one (1) year pc ior to the particular
renegotiation interval. Any renegotiation necessary shall
lJe directed towards effecting alterations in the terms and
conditions of this Franchise to reflect any significant
changes which occurred during the interim period.
(L) If a.ny renegot iation pr ior to the end of the term,
including extensi~ns of this franchise, results in
agreement bet\...l2en the City and Grantee, or if,
alternatively, both parties agree, at any renegotiation
interval as defined above, t.hat no renegotiation is needp.d
or requirf>d, then the term of this Franchise shall be
extl.>ndcd for an ad(htional five (5) years by an appropriate
actioll of lite City OJuncll. It any renegotiation fails to
rcsul t in agreement, toe term shall not be extended unless
the City <l.>uncil so specifies by appropriate action.
(J) 'n, is f'r anchise shall terminate wi thout further dCt ion by
tile Ci ty at the end t.,)f the term, including extensions, of
this Franchise; proVlded, however, the total term of this
Franchise, with extensions, shall not exceed fifty (50)
years from the effective date of this oruinance; provided,
further, that the Ci ty COuncil, at or before the end of the
term, or the term as extended, retains the exclusive power
to grant a further extension, or a renewal of this
Franchise, or a new Franchise to Grantee.
C. '111t~ r'rd!lchiD\~ fTUy be t0rminateu at any time by the City CbunciJ
in lh(' f_~vent tlj(' Council Bhall tlave found, after notice and
/1Pdr i nr], that:
(I) '''1'''' Grdntl:'\~ fai 10 to comply with any m3terial provision of
t.h i~; ^(Jrl~t~l1lt~nl: how,~ver, termi nat ion proceedings shall only
IK' coltllTltmced in d public meetinq affording due process, if,
.31ter thirty (30) days from written notification from the
('ity stating with particularity the grounds upon which the
ClLy relies, Grantee fails to correct stated violation. In
till' eVt..'nt ttH_' stateu violaLion is not reasonably curable
wittlin thirty (30) days, termination proceedings shall not
he con'l~mct.!d if the Grdntee provides, within the said
r h i rty (30) days, a plan, satistactory to the City Manager
Lo ",n.,dy Lhe violation and continues to delTOnstrate good
laitlJ in seeking to correct said violation.
q,I'-
(.::-t) 1t shall not tJ'.! a failure to comply with a material
provIsion ot t.hi.s. on.hndncp for Grant.ee to comply with
..1I1Y rull..'s and requlationg of the Federal
Comnunicdtiulls CUl1unission, or any Ft..>deral or State
rCIJuldtory commission or ayency having jurisdiction
over Grantee's operntions or any Federal or State law.
(0) 1he CtXmGil's finding 01 mat"rialit~. is subject to a
de novo review by a court of colnpetent jurisdiction; or
(2) Any provision hereof has become invalid or unenforceable,
and the Council rinds that such provision constituted a
l1'\dteridl conEideration to the ~rant of this franchise.
T'he Grantee shall lJe given at least t.hirty (30) day's notice of any
termination proceedings.
Sect ion 4.
Iwn:s.
Section 5.
'1110 Grantee !':klY establish its own rates and charges.
FHANCH!SI:: PAYMENTS.
d. 'nle Grantee shall pay annually to the City, during the life of
this franchise, and at the times hereinafter specified, a sum of
three percent (3~) of the total gross receipts of the Grantee
until January, 1990, aft"r which the rate shall be the greater
of three percent (3%) of the total gross r.."eipts of Grantee or
the rate then charged Gox Cable for its franchise, subsequent to
the periodic renegotiation ot rate provision in COx's
franchise. Such payment by the Grantee shall be in lieu of any
occu~t ion tax or any other tax ba~ed up::>n the gross receipts of
l;rantee.
I!, 'nH::' Gr.:mt.\~c' sh.111 file wit.h the City within ninety (90) days
.tflL'r t.lH~ expirtlliun of ..1I\Y c;ll~lldrH y~r duriny which this
Franct1lS\:' 1S tn force, a verified statement sholoJing in
appropriate detail the total gross receipts, as defined herein,
of t;rantl..~e, its mJCC\.~SSOr~ or a.ssigns, during the preceding
calenuar YL'dr. It shall be the duty of Grantee to pay to the
Ci ty, wi tlnn f ilteen (15) days after the time for filing such
statements, the remaining sum due for the calendar year covered
by such statements. 'lllis statement shall be the basis for
Ljuart,'r Iy estimated paYlll<'nts as deposits on the franchise
I-"yukmt due for the following year. Such quarterly estimated
I-"Y'""nts ar" to be Iffide to the City on or before June 30,
Sept emhe r 30, and DeceJrber 31 at each calendar year for that
yeur'" est iruted paY'""nts. <:ach estimated payment shll11 be
\"lJu,il to lWl.'lIty !iv\.' ~)Crc~nl (25~) of the previously filed
VI" j f I I'd .'n,tlt'uII'llt, roundt'u to wholl', l'Vt~n dollars. 'lhe fourth
PIYJIII,'nl lilli' ,11,t.c'r ltH.' [dint] of the ,:mnual verified statement
nll.lll .I1JJw:t flJr ,111 t:>Htimdlt'd J"lyrT).~nt.s IIklde for that calendar
'y' ',IF .
Q-\'1
c. In the evpnt. Grantee fails to IMke the paymenL for tt:is
Fr,lnchist..' un or Ut?'tore the date due as hereinabove provided,
Grantee shall pay as additional consideration a sum of lOOney
equal to one percent 0%) of the alOOunt due for each IOOnth or
frdcban thereat: dur ing which the payment is due and unpaid, as
interest dnd for loss af use of the looney due.
d. No acceptance ot a.ny payment shall be construed as an accord
that the arrount paid is, in fact, the C'Orrect aroount, nor shall
such acceptance of payment be construed as a release of any
claim which the Ci ty may have for fur ther or addi tional sums
payable under the provisions of this section.
~ection 6.
LIMI~\TIONS OF GRANT.
a. No pr i v llt:'ge or exempt i on is granted Dr confer red by this
Franchise except those specifically prescrioed herein or by law.
b. MY pnvllege claimed under this franchise by the Grantee in any
strl'et shall be subordinate to any prior lawful occupancy of the
streets, Or other public property; provided, however, Grantee
does not hereby waive any rights it has acquired vis-a.vis third
purties dS d result of Grantee's rn~ proper occupancy.
c. 'lhis Frdllt,:'hi~e LS d privilege to be held in ~rsondl trust by
tile or iginal Grantee. It cannot in any event be transferred in
pdrt, clnd it is not to be sold, transferred, leased, assigned,
or disposed of as a whole, whether by forced sale, merger,
consul idation, or otherwise, without prior ,,-'OnSt~nt of the City
expressed by Resolution, unless pursuant to transfer of
ownership of Grantee as provided in Section 9 hereof, and then
only under such conditions as may be therein prescribed,
provided, however, that no such consent shall be required for
any transter in trust, mortgage, or other hypothecation, as a
whole, to secure an indebtedness. The said L~nsent of the City
may not be arbitrar ily refused, provided, however, the proposed
assignt~e must sllow financial responsibility and must agree to
comply WItt} the provLsions of this agreement.
d.
Time is ot tilL!
be relieveu of
pruv lS luns by
L'umplicU1L:t.'.
essence ot this franchise. 'lhe Grantee shall not
its obligation t.o con.ply promptly with any of its
.my tailurL' or the City to enf<'Hc~ prompt.
e. MY right or power in, or duty i.pressed upon, any officer,
employee. dep:!rtment, or board of the Ci ty, is subject to
transfer by the City to any other officer, employee, department
or Board of the ~ity.
'1.. Ii
t. Gr...H1tel.~ is subject to all requirelT1ent~ of t.he Ci ty ordinances,
rules, regulations, and specifications of the City, not
inconsistent with this [-'rrmchise, heretofore or hereafter
enacted or estaDlished, including but not limited to, those
L'Ollcerning st.reet work, street excavations, usc, remo'lal and
relocdtiull at propt:~rty within i1 ~treet, and otht?r street work.
']. '1hi8 Franchise- does not relieve the Grantee of any obligation
involved in obtaining pale space from any depart.ment of the
City, tilt' utility companies or (roru others maintaining poles in
streets.
Sect ion 7.
R1GH'r~ HESEHVED 'II) CITY.
a. 'nlt~r0 is h...:n~by reserved to the Ci ty every r igllt and power which
is rL"quired to be herein reserved or provided by any ordinance
of the City, and tl1C Grantee, by its acceptance of this
r'r..mchise, agrees to be bound thereby, and to comply with any
actlon or requirement of the City in its exercise of any such
right or power, heretofore or hereafter enacted or established.
0. TI1i~ franchise shall be non-exclusive, and neither the granting
ot t.,is Franchise nor any of the provisions contained herein
shall be construed to prevent the City from grant.ing any
identical, or similar franchise to any person or corp:>ration
other than the Grantee.
Section d.
S~HV10:S 'll) CITY AND PUlJL1C s:..1iOOLS.
Grantee shall at its own expense and without any cost to the City
whatsoever, provi~ and maintain the following faci lities and services to the
City rJnd ~blic SChools dS hereinafter provided:
.1. One active cable television connection to each City unit
(~Hignated tly tht' City Manager such as police stations, fire
:,t.atilm~;, public librdries dnd other City facili':ies within
Grantee's franchise aCl~c.l that require dn aerial drop of 150 feet
or less from tI}t_~ existinq cable television distributiun system.
Griintl;-~e shall not. be rt>t:Iuired to providt.1 the cable television
distrihution systt;~m within sdid facilities:
1..>. l)1~ ~'ctive c.:\ule tt~l~vision t."'Olmection to each public el~n'lt.mta[y
school site, seconddry school site, college or university site
dnd educational administrative site within Grantee's Franchise
area that rL'quire an aerial drop of 150 feet or less from the
existing cable television distribution system. Grantee shall
not 00 required to provid" the cable television distribution
system within said facilities;
q -I 'i
~:. Cr~mt(>0 ~;hall not charg~ the City or pJolic school~ any fee for
providillq I.IH_~ distr ibut ion of vidt..~o im,]fj'es or aUdio signals to
~lI1Y ot the l)uildin(js so connected;
d. In th~ L'vent that the Cit.y or school system desires additional
:,L'rViCt', tht" Grant.ee shall provide the basic cable outlet,
~;L'rvicc':; dlld h~1rtJware, c!h3[(jin':.~ the City ur sChool system the
dctu,1l Vd( lalJle cost to Grantee of such services.
\
j
I
e.
GrantL"e shall make avai latJle wi thout. cost on~ channel for use by
Local Governments in all of its San Diego franchises for the
distribution of prograrrrning in the public interest. Grantee may
provide interconnection of such channel "'ith all other cable
Television Systems operating pursuant to a franchise granted by
City. If Grantee operates a reJrote or permanent vehicle and
~uipment tor telecasting and video taping, Grantee shall
provide origination service to City at such reasonable times and
costs as are mutually agreed upon.
f. (;ranti~e shall ITldke available without cost, one channel for use
"y Public Schools in all of its San Diego franchises. As
required lJy Grantee, the Public Schools shall save and hold
hacmles::, Grantee from any uses f11<lde ny the Public Schools in the
dl~;trihut ion Dt pro..Jra[1uning.
{.1. Clty s)1dll ~:;dVe and hold harmless Grantee from dny USf:~S made by
the City 1n the distribution of prograITlT1ing in the public
interl~st as provided for in Subsection (e) of thif' st'ction.
h. Grantee shall make available without cost, one channel for
(Xlblic or c'.'orrvnunity access in all of its San Diego franchises in
accordance with reasonable rules, regulations and conditions,
provided, "wever, that to the extent that the Federal
COIRnunications Ubmmission (FCC) exercises jurisdiction as
rietermined by federal statute or decisional law to be valid and
appropriate, said access rules shall govern.
~i;ction 9.
'l'lWjSr'l':H OF OWNI':HSlIIP OR Crn'l'HOL OF GRANTEE.
In the I;.vent the Grantee is a corporation, prior approval of the Ci ty
Council, expressed by resolution, shall be required when own~rship or control
of th irty percent (30%) or more of the voting stock of Grantee is a~uired by
il person or a group of persons acting in concert, none of whom already own or
control tlllrty percent (30%) or lIore of the voting stock, singularly or
collect i vel y.
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:+:
Section 10.
ESTABLI :;I!MEN1' Or' SERVICE.
Installation of a CAW System shall be cOllvnenced ..ithin one hundred
t'ilJ!,ty (IuD) days after the effectivp ate of this franchise, and extensions
dlld ~:;ervice pursued with due diligence thereafter. Failure to so cmrunence and
Li1.ligently pursue to corapletion shall be grounds for termination of this
franchise.
Section 11.
LOCATION OF FRANCHISE PHOPERTIES.
d. Pr anchise property shall be constructed or installed in streets
only at such locations dnd in SLlch manner as shall be awroved
by the Su~r intendent of Streets, actiw~ in the exercise of
reasonable discretion.
b. 1~e Franchise property shall be placed underground in all
subdivisions which dre subject to the provisions of tl-Je Olula
Vista Municipal Code.
Section 12.
ABANOONMEN'l' or' SERVICE.
a. After Grantee has established service pursuant to this
Franchise, ouch serv ice shall not be suspended or abandoned in
the ..hole of or any part of the Franchise area unless the
suspension or abandoruoont is authorized by the City Q)uncil.
b. Whenever Grantee shall file ..ith the City Q)uncil a ..ritten
application alleging that the public inteLst, convenience and
necessity no longer require that Grantee furnish service
pursuant to this ordinance in the whole of or in any part of the
Franchise dCt~a, the City COuncil, at a public hearing, shall
take evidence upen that question and shall make a finding with
resf..~ct to it. Notice of tfle hearing shall bE" given by Grantee
in writing to p.ach Subscriber in the part of the Franchise area
1n question at least fifteen (10) day prior to the date
scheduled tor the hearing. If the Ci ty COuncil shall find that
the public interest, convenience dnd necessity no longer
requir~s that Grantee furnisn service, the City COuncil, after
ht..~ring dS providt.~d herein, shall authorizoe E:uslX!nsion or
aba.ndonu'lent ot service upon such reasonable terms and conditions
as may be prescribed by the City Council.
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Sl~ct iun 13.
OF FRANCHISE PRa>ER'l'Y OR CABLE
SYSrr;M Ul'W ,;XPIHATION OR TE:HMJNATION OF
DISPOSITION
D I S'fRIIJUTl ON
mANCHISE.
d. Upon tile termination uf this Franchise under Section 3 or 11
he rL"O f , the City may purchase the cable television system, or
any purt thereof. in dccordance with subsectitJn (b) of this
section. If the Ci ty elects to purchase the system. or any part
thereof., the Grantee shall promptly execute, upon receipt of the
fair mdrket value purchase price, all appropriate documents to
transfer title to the City. Upon acquisition of and payment for
the syate.a, 0< any part thereof, the Grantee shall cooperate
with the City, or with any other person authorized or directed
by the City to opt-'rate the system, in maintaining continuity of
sL~rvice. t~f)thinq herein is intendf>d as a wuiver of any other
rilJllts the City may haw?'.
o. 'HH? purctlase pr ice to the Ci ty for the Grantee I s property shall
be dt"~termined by agreement. or uy arbi t ration as provided in
~-;uUsecLion (e) hert'Of. 1he stanuard for determining the price
to be paid for the property so a<"''"quired shall be that provided
by law affecting the fair market value of similar propertie3
upplicable on the effective date of the purchase. If the City
does not purchasl> the system, the Grantee shall deal with the
part of the system located in the streets in accordance wi th
provisions of subsections (c) and (d) of this section.
c. In the ev~nt that (1) the use of any Franc~ is" property is
discontinued tOt any reason for a continuous period of twelve
(12) months; or (2) the Franchise has been installed in any
street without complying with the requirements of this
r'ranchi~l"; or (3) the Franchise has been terminated,
surrender\.~d, cdncelled or has expired, and Ci ty has not
exercised its rights pursuant to subsection (a) of this section,
the Grantee "hall prompt ly remove from the street all such
prop:;orty other than t1ny which the City Engineer may permit to be
auandoned in place. In the event of any such remcwal, the
Grantee shall promptly restore the street or other area from
'.hich such property has been removed to d condition satisfactory
to the City ~ngineer.
d. r'rauchise property to be abandont~d in place shall be abandoned
in such Iili,lnner d.!=i. the City 8ngineer shall prescribe.
q-~'2.
e. In the event that arbitrat ion is necessary to determine tile
p..Jrchase price to tile City for tne Grantee's property the
pdrties IndY dyree upon one arbitrator, but in the event that
tht~y cannot agree, there shall be three, one named in wr i t ing by
eadJ of the parties within fiftE:en (15) days after demand for
arbitrati.on is given and a third chosen by the two appointed.
Should either party refuse or neglect to join 1n the appointment
of the arbitrator(s) or to furnish the arbitrator(s) with any
papers or information demanded, the arbitrator(s) are empowered
by both parties to proceed ex parte. If there is only one
arbitrator, hi.s decision shall be binding and conclusive on the
parties, and if there are three arbitrators the ~~cision of any
two shall be binding and conclusive. A judgmenL ....:onfirming the
award of the arbitrator(s) may be rendered uy any Super lor Court
ha',iny jurisdiction. Arbitration hereunder shall be governed by
the provisions of the California flrbitration Act, section 1280
through 1294.2 of the CUde of Civil Procedure. Each party shall
bear the cost of its own appointee and bear the cost equally for
any arbitrator appointed by both pa.rties.
Section 14.
CHANGI::S HEQUIRED ~y PWLIC IMPROVEMENTS.
The Grantee shall, at its expense, protect, support, temporarily
Jiscc)rmect., relocate ahove or below ground at Grantor's option in the sarre
slreet, alley, or p..H>lic place, or remove from any street, alley or public
pL:tce, any r'rdnchi:>c propti:L] w'h~JI l~uired bY the City engineer by reason of
t".r"Efic cOfll.!ttions, pUblic safety, street vacation, freeway and street
constr ..Iction, change or establishment of street gradH, im;taUation of sewers,
drains, water pipes, power lines, signal lines, and tracks and of any other
type at structures or improvements by Ijovernrnental agencies when acting in a
governmental or proprietary capacity or any other structures or public
iliprov1:~nts: provided, however, that Grantee shall in all such coses have the
privileges and be subjpct to the obligations to abandon Franchise property in
place, as provided in Section 12(d) hereof.
Section 15.
FAILUHE TO PERFORM STREE'l' WORK.
Upon failure of the Grantee to complete any work required by the
provisions of this Franchise to be done in any street, wlthin the time
prescribed and to the satisfaction of the City Engineer, the City Engineer may
cause such work to be done and the Grantee shall pay to the City the cost
thereot in the itemized alOOunts reported by the City Engineer to the .Grantee,
within thirty (30) days after receipt of such itemized report. The City shall
give at least a thirty (30) day notice to the Grantee of such work to be done
prior to City's cOl11nencement of such worl(.
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SACtlOIl 16.
FAITHFUL PERFOl<f1ANCE OOND.
The Grantee shall, within five (5) days after tht~ award of this
franchise, file wit.h tile Cit.y Clerk, and at aU times thereafter maintain in
full force and t.~tteLt, an ;:i.cceptdule corpordte surety bond, in duplicate, in
lhe d!rnunt ot F 1 VI:' 1'Jousand Dollars ($5,000.00) effect i ve for the ent i re term
ot this frandnse, and condi honeu that in the event the Grantee shall fail to
comply with anyone or more of the provisions of this franchise, then there
shall be recoverable Jowtly and severally from the principal and surety of
such bond, any damages suffered by the City as a result thereof, including the
full amount of any compensation, indemnification, or oosts of removal or
abandonment of property as prescr ibed by Section 5 hereof which may be in
default, up to the full amount of t.he bond; said condition to be a continuing
obligation for the dur"tion of this franchise and thereafter until the Grantee
has liguiddted all ot its obligatlOns with the City that may have arisen from
the acceptance of this franchise by the Grantee or from its exercise or any
privllege herein granted.
section 17.
INDEMNIFICATION TO CITY.
a. Grantee agrees that at all times during the existence of this
Franchise it will ma.intain in force, furnish and file with the
City a certificate of insurance evidencing, at its own expense,
a general comprehensive 1 iabi 1 i ty insurance policy, naming the
Clty as additional insured, in protection of City, its boards,
cOlnmissions, officers, agents and employees, in a C'ompany
authorized to do business in the State of Galifornia, and in
form satisfactory to the City Attorney, protecting the City and
said persons against liability for loss or damages for personal
inJury, death and property damage occasioned by the operations
of Grantee under this Franchise, with minimum liability limits
of $500,000 for personal injury or death of anyone person, and
$l,UOO,OOO for personal inJury or death of two .or more persons
in anyone occurrence, and $300,000 for damage to property
r~sulting from anyone occurrence.
h. The policies mentioned in the foregoing paragraph shall contain
a provision that a written notice of any cancellation or
reduction in coverage of said 1X'1icy shall be delivered to the
City ten (lU) days in advance of the effective date thereof. If
such insurance is provided in either case by a policy which also
covers Grantee or any other entity or person than those above
named, then such policy shall contain the standard
cross-liability endorsement.
q ..)..~
c. In addition to the above policies Grantee shall agree to
indemnify City, its boards, convnissions, officers, agents and
t~l1lployC'es, dl)ainst all claims, demanJs, actirms, suits and
proceeding by others and against all liability to others, and
against. any loss, cost and expen!:ie resulting therefrom,
excepting acts of negligence or other acts by the City,
including reasonable attorneys fees, arising out of the exercise
or enjoyment of this Franchise.
section 18.
RI:X;ULATION OF SERVICE.
Grantee shall:
a. Operate the cable Television System authorized by this Franchise
in accordance wi th the minimum technical standards set forth by
tne FCC, to the effect that the Subscnber shall receive the
best possible signal to his television set consistent with the
state of the art and economic operation of the system.
b. Limit failure to a minimum by locating and taking steps to
correct malfunctions promptly, but in no event longer than
seventy-two (72) hours after notice.
c. Upon complaint by Subscriber make a demonstration satisfactory
to the City Manager or his designated representative that a
signal is being delivered which is of sufficient strength and
quality to meet the said technical standards referenced to in
(a) above.
d. Render efficlent servlce, making repairs promptly and
interrupting service only for good cause and for the shortest
time possible: such interruptions insofar as possible shall be
preceded by notice given to Subscribers twenty-four (24) hours
in advance where possible and shall occur during periods of
minimum use of system.
e. Have a toll free telephone number listed in the local telephone
directory, and be so operated that. requests for repair may be
received eat any ti.me.
f. Operate the cable relevision System authorized by this ordinance
twenty-four (24) hours per day, seven (7) days per week.
<j. Not refuse to accept a subscriber unless it was not in the
public interest or not reasonably economically feasible for
Grantee to furnish service for that proposed subscriber.
h. Not deny access to cable services to any group of potential
residential cabl~ subscribers because of the income of the
residents of the local area in which such yroup resides.
q..~5
;
it a Subscriber 15 unable to obtain satisfactory resolutIon of a
c\.>rnplalnt. f]led with Grantee, the Subscriber may notify the City in writing,
stating the Subscriber's name and address, the nnture of the complaint and the
action taken to secure resolution of the complaint by the Grantee.
Section 19.
f'ILINGS AND COMMUNICATION WITH ROO'JLA'l'ORY AGENCIES.
COpies of all petitions, aprlications and communications of all types
submitted by Grantee or City to the Federal O:mm.mi cat. ions Commission,
california Rlblic Utilities COlM'lission, or any other Federal or State
regulatory commission or agency having jurisuiction over any matter affecting
operation of Grantec's Cable Television Syst"," shall be submitted
simultaneously to the City or Grantee. A copy of each document filed by the
Grantee with the City Clerk in accordance with this section shall be deemed to
be delivered,
.5e...:tlon 20.
INSPR'rION OF PROPffiTY AND RECCRDS.
At all reasonable tiri1€'s, the Grantee shall permit any duly authorized
representative of the City to examine all r'canchise property, together with
any appurtenant property of the Grantee situated within the City, and to
examine all maps and other records kept or maintained by the Grantee, which
treat the operations, affairs, transactions or property of the Grantee wii..:.h
respect thereto and to determine whether the Grantee has paid franchise fees
in th" amounts prescribed in Section 5. '!he Grantee shall prepare and furnish
to the City EnYineer at the time and in the form prescribed by the City
Engineer, such reports, with respect to its operations, affairs, transactions
or property, as may be reasonably neces'sary or appropriate to the performance
of any of the duties of the City or any of its officers and employees in
connection with this [o'ranchise. The Grantee shall, at all times, mak.e and
keep full and complete plans, maps, and records, showing the exact location of
all Cable TelevislOn bystem equipment installed or in use by Grantee in
streets, alleys and public places of the City.
TIle Grantee shall maintain a written record of customer service
requests and complaints and mak~ an annual report to the City thereof. Such
records shall be available for inspection by the City. 'J}\e Grantee shall
notify the Ci ty of any changes in the customer service agreement or in the
cumplaint procedure to be followed by the customers.
Section 21.
DISPUTES,
In the event of a bringing of any action by either . .rty hereto
against the other hereon or hereunder, or by reason of the breach of any term,
covenant or condition on the part of the other party, or arising out of thi.:;
Agr"ement, the party in whose favor final judgment shall be entered shall be
entitled to have and recover from Lt,,, other party reasonable attorney's fees
to be fix"d by the Court which shall have rendered the judgment.
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1
party.
Section 22.
MISCELLANOOUS PROJISIQlS.
a. All notices herein provided for I!\QY be by prepaid registered or
certified mail addressed to the parties as follows:
TO THE CIT\':
WITH C<:PY TO:
City Clerk
7.76 Fourth AVt!nue
Chula Vista, CA 92010
'Ihoma.S J. Harron
City Attorney
276 ~'ourtn Avenue
Chela Vista, CA 92010
'IU THE GRANTEE:
WITH COPY TO:
Ultronics, Inc.
7777 Alvarado Rd., Suite 700
La Mesa, CA 92041
and shall be cQnsidered as given only when received by the other
All matters herein provided to be filed with the City shall be filed
with the City Clerk.
b. TIle Grantee shall not engage in the business of repairing
television receivers or the sale of parts for the same. It is
understood, however, that the foregoing does not apply to
converters, decoders, or other types of electronic signal
adapters or decoders requir(~d for the subscrioer' s television
set to receive any of Grantee's signals.
c. Grantee and the Ci ty agree to discuss future non-entertainment
uses of the cable television system due iog the term of this
tranchise agreement. Both parties agree to discuss and consider
enter ing into mutually advantageous joint ventures to prOOlOte
business or other non-entertainment uses of the cable system,
which discussion may include City taxatlOn and bonding powers.
'lhis discussion and consideration may be initiated by either
p;rt.y upon a minir...,m at 30 days written notice, with a proposed
agendil to be included. '!his paragraph reflects the intent of
the Grantee and the City to maintain a strong cooperative
relationship which may lead to the introduction of new cable
related business services within the City in a manner Which is
mutually advantageous and acceptable to both the Grantee and the
City.
'1..l1
d. Not wi thstanding any other provlslons of this agreement, Grantee
shall at all tiJres comply wi th all State and Federal laws, rules
and regulations, or any administrative agency thereof; provided,
however, if any such ordinance, law, rule or regulation shall
require the Grantee to perform any act or shall permit the
Grantee to perform any act in conflict with the provisions and
terws of this agreement, then such provision or term in conflict
may be modified or amended by agreement of the parties to such
reasonable extent necessary to car ry out the full intent and
purpose of this agreement.
~X~ClITED THIS
day of
September
I9..!U-.
I'to
CITY OF CHULA VI5'fA
a Municipal COrporation
UL'ffiaHCS, INC.
By: ~ ~ ~
Greg"ry C. t'ayor
~ll,n:il ,,(" ~U"rrr
"" J.{I
/-':/1..<-'#.....
tl..fl;r;h<<.'.>.-
By:
A'ITES1':
J~~t.)~m:K
C y of Chula Vista
Approved as to form
VIP<.: 1696A
q..l~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item J D
Meeting Date 9/10/91
Resolution II. ~&.(, Amending the sewer service charge
variance for the Chula VistaM~~entary School District
Director of Public Work~(IYv
City Manager J& ~~ (4/5ths Vote: Yes_No-L)
SUBMITTED BY:
REVIEWED BY:
On June 4, 1991, the City Council adopted a new rate schedule for sewer
service charges. The existing sewer service variance which was granted to the
Chula Vista Elementary School District in 1965 has never been updated. In
order to comply with these new rates and to correct several other issues the
variance must now be amended.
RECOMMENDATION: That Council adopt the resolution as stated in the title
hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council granted a sewer servi ce charge vari ance to the Chul a Vi sta
Elementary School District in 1965 to vary from the sewer service charge based
on total water consumption. This variance was granted because it was
determined that wastewater discharge had no consistent relation to total water
consumpt i on for school s, 1 arge ly due to the varyi ng amount of water used for
irrigation. Depending on whether the individual schools were air conditioned,
the sewer service charges were established at either one mill per student per
day or one and one-half mills per student per day (the latter for air
conditioned schools). The relationship of air conditioning to sewer rates is
that 1 arge air condit i oni ng pl ants with cool i ng towers use more water and
discharge the cooling water to the sewer system.
Since 1978 the charges have been based on an estimated volume of sewage
generated and returned to the sewer system. The volume of sewage was
ca 1 cul ated based on a study by the Ci ty with the cooperation of the Di stri ct
of the relationship of sewage generated by schools and the "average daily
attendance" ("ADA"). While there were many variables, the study indicated
that the average sewer flow could be reasonably related to the "ADA" and
whether or not the schools were air conditioned. The typical sewage flow
generation rates were 0.60 cubic feet per student per day for
non-airconditioned schools and 0.90 cubic feet per student per day for air
conditioned schools. At that time, it was assumed that all air conditioning
util ized cool ing towers discharging to the sewer system. This change in
manner of calculation of the sewer bill was handled administratively between
the staffs of the City and the School District.
10 -I
Page 2, Item /0
Meeting Date 9/10/91
The School District's staff has advised us that five schools with air
conditioning (currently EastLake, Chula Vista Hills, Tiffany, Otay, and
Cl earvi ew) do not di scharge air condi t i oni ng condensate to the sewer and,
therefore, should be billed at the same rate as non-air conditioned schools.
A vi sua 1 inspection of these facil it i es by City staff confi rmed that these
facilities have closed loop systems. All condensation lines are connected to
the roof drains which discharge to the storm drain and not to the sewer system.
The strength of the sewage generated by schools is considered equivalent to
that of a low strength commercial user. Under the new rate structure, such a
user pays at a rate of $1.12 per 100 cubi c feet of total water used. Si nce
the charges under thi s vari ance are based on the volume of sewage produced,
and not the total water used, it is necessary to convert between the two
situations. Generally, approximately 90% of the total water del ivered as
measured by the water meter is returned to the sewer system for disposal.
Therefore, the sewer service rate of $1.12 per hundred cubic feet of water
needs to be adjusted by that 90% factor to relate to the actual sewer
discharge flow. Using that percentage to adjust the sewer service charge
($1.12/0.90) gives an equivalent rate of $1.24 per 100 cubic feet of
wastewater discharged.
The sewer bill for the district would then be calculated as follows:
Average daily attendance x number of days school is open in
bi 11 i ng peri od x sewer fl ow generation rate (0.90 or 0.60) x
$1.24 per hundred cubic feet of sewage discharge = sewer bill.
The last issue addressed in this amendment is the manner in which the City is
advised of the number of persons at each school to be considered in the sewage
generation calculation. The original variance provided that the District
would submit monthly reports showing the average daily attendance of each of
the schools and the number of school days. Our sewer billing was to be based
on that information.
Over the years the process has been modified. The charges are now based
solely on the number of students at the various schools and the reports from
the District are submitted to coincide with similar reports they submit to the
State. The variance states this must be done twice a year at the minimum.
This change is supported by the facts that (1) enrollments within the District
are generally increasing and (2) the student population we use is that which
exists at the end of the reporting period (which is normally the maximum for
the entire period).
School District staff has indicated concurrence with this amendment.
FISCAL IMPACT: Passage of this agreement will result in an estimated
increase in revenues of $5,100 to the sewer fund for Fiscal Year 1991-92 over
Fiscal Year 1990-91.
EMC:fp/KY-098
WPC 5679E
/0 -2.
RESOLUTION NO. 1~5c.J. /
RESOLUTION OF THE CITY COUNCI L OF THE CITY OF
CHULA VISTA AMENDING THE SEWER SERVICE CHARGE
VARIANCE FOR THE CHULA VISTA ELEMENTARY SCHOOL
DISTRICT
The City Council of the City of Chula Vi sta does hereby reso1 ve as
follows:
WHEREAS, on November 23, 1965 the City Council passed Resolution
3919 granting the Chu1a Vista Elementary School District (previously known as
the Chu1a Vista City School District) a variance from the established rate of
30 percent of the water bi 11. The vari ance resu1 ted in charges of one mi 11
per capita per day for schools without air condit i oni ng and one and one-half
mills per capita per day for schools with air conditioning.
WHEREAS, on June 4, 1991 the City Council increased all rates for
sewer service due to the cost of upgrading the San Diego Metropolitan Sewerage
System. These new rates took effect as of the fi rst full bi 11 i ng peri od
subsequent to July 1, 1991. The rate which would be applicable to the School
Di stri ct without a vari ance wou1 d be $1.12 per 100 cubi c feet of water
consumption.
WHEREAS, Staff has revi ewed the exi st i ng vari ance and recommends
that it be modified to account for the increased rates and intervening changes
in use by the School District in accordance with Chula Vista Municipal Code
Section 13.14.130 and the Rules of Interpretation and Procedure for
Administration of Requests for Variance from Sewer Services Charges as
established by Resolution 2948 of October 30,1962.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chu1a Vista as follows:
1. Resolution 3919 of November 23, 1965 is repealed.
2. Commencing July 1, 1991, the Chu1a Vista Elementary School
District is granted a variance from the otherwise app1 icab1e
rate of $1.12 per 100 cubic feet of total water consumed
because the water supplied to the premises is not substantially
discharged into the sewer due to irrigation uses.
3. That sewer service charges to the Chu1a Vista Elementary School
Di stri ct by the City shall be $1. 24 per 100 cubi c feet of
sewage discharged. Sewage discharge shall be calculated by
mult i p 1yi ng the sewage generation factor by the average daily
attendance at each school, and by the number of days that each
school is open during each bill ing period. The sewage
generation factor for said school district shall be 0.6 cubic
feet per capita per day for schools without air conditioning
and schools with closed loop air conditioning systems which do
not discharge to the sewer. Schools with air conditioning
systems which discharge condensate to the sewer shall be
charged based on a sewage generation factor of 0.9 cubi c feet
per capita per day.
-1-
Ie - ..3
4. The sa i d sewage rate is subject to change as a result of
increased costs of wastewater treatment and maintenance of the
City's Sewer System. Said sewer service rate will be reviewed
on a yearly basis and may be modified in proportion to the
sewer service charge.
5. That the Chul a Vi sta El ementary School Di stri ct shall furni sh
an attendance report no less frequently than semi-annually,
upon forms approved by the City Engineer. The report shall
show the name of each school, the number of school days within
the period, and average daily attendance at each school within
the school district, in order to enable the City to determine
the correct sewer servi ce charge for each bi 11 i ng peri od. The
average daily attendance includes all students, teachers and
other staff in attendance.
BE IT FURTHER RESOLVED that the City Cl erk of the City of Chul a
Vista is directed to forward a certified copy of this Resolution to the Chula
Vista Elementary School District.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
WPC 5680E
-2-
/o-~
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 09/10/91
ITEM TITLE:
Public Hearing:
Proposed issuance by the Industrial Development
Authority of the City of Chula Vista of Industrial
Revenue Bonds in an amount not to exceed $4
million for the purpose of assisting the financing of
a facility to be leased and operated by Gold Coast
Engineering, Inc.
SUBMITTED BY:
Resolution 11o~'l1- Approving a project for Gold Coast Engineering,
Inc. and Sutherland/Palumbo, a California General Partnership
Community Development Director C ? .
City Manager ....)4 IJI-6 ~
(4/5ths Vote: Yes _ No _XJ
REVIEWED BY:
BACKGROUND:
On August 13, 1991, the Industrial Development Authority approved an inducement resolution
for the issuance of up to $4 million in Industrial Development Bonds (IDB) for the construction
of manufacturing facilities by Gold Coast Engineering (Sutherland/Palumbo Partnership). The
proposed IDBs must be issued in compliance with the Federal Internal Revenue Code in order
to maintain their tax exempt status. This code requires public hearing and approval by the
public agency (City) sponsoring the IDBs. Applications for financing will be submitted to the
California Industrial Development Financing Advisory Commission (CIDFAC) and the
California Debt Limit Allocation Commission (CDLAC) for review and approval.
RECOMMENDATION: That the City Council hold the public hearing and adopt the resolution
approving a project for Gold Coast Engineering, Inc. and Sutherland/Palumbo, a California
General Partnership.
BOARDS/COMMISSIONS RECOMMENDATION: The Industrial Development Authority
approved an inducement resolution for the subject project on August 13, 1991. The minutes of
this meeting are attached.
DISCUSSION:
Gold Coast Engineering submitted an application in August 1991 to the Industrial Development
Authority for up to $4 million in IDB financing assistance. The company was founded by
Charles E. Sutherland and Donald R. Palumbo in 1980. Each owns 50 percent of the company
(Sutherland/Palumbo Partnership). The company has been located in Chula Vista since 1982
and has been growing steadily over the past nine years. The Sutherland/Palumbo Partnership
currently own two industrial facilities located at 1887 and 1891 Nirvana Avenue in Chula Vista.
\ l .,
Page 2, Item
Meeting Date 09/10/91
The two facilities comprising 28,000 square feet are leased to Gold Coast Engineering, Inc.
Gold Coast Engineering also leases 17,000 square feet in an industrial building in Chula Vista
approximately three blocks from the Nirvana Avenue properties.
The Sutherland/Palumbo Partnership has recently acquired approximately five acres of
undeveloped land at the northeast corner of Maxwell Road and Nirvana A venue within the Otay
Valley Road Redevelopment Project Area. This property is located in close proximity to the
Nirvana A venue properties. The Partnership plans to construct four industrial buildings totaling
71,000 on the five acre site. The property will be owned by Sutherland/Palumbo and leased in
total to Gold Coast Engineering, Inc. The Nirvana Avenue properties will continue to be
operated by Gold Coast Engineering and the new facilities will accommodate planned expansion
of the company. It is hoped that the new facility will be in operation by March 1992.
The primary business of Gold Coast Engineering, Inc. is light sheet metal fabrication of welded
assemblies primarily used in aircraft and power generation gas turbine engines. The company
also fabricates special purpose test equipment including electronic, pneumatic, and hydraulic
systems, and designs and fabricates tools for the aerospace industry. Major customers include
General Electric, McDonnel-Douglas, and General Dynamics.
The company currently employs approximately 120 people with an annual payroll of $4.2
million. With the planned expansion, the estimated increase in employment will be 80 new
positions which will increase the annual payroll to approximately $6.9 million.
Section 147(1) of the Internal Revenue Code of 1986 requires that IDBs be approved by the
elected representative of the issuer of the bonds following a public hearing. The City Council
is the elected legislative body of the City and the "elected representative" of the Industrial
Development Authority. The attached resolution certifies that the City Council held the required
public hearing and approved the project.
The next steps in approval of the proposed IDBs are submission of applications including
specific information on the company to the two State Commissions authorized to approve and
issue: CIDFAC and CDLAC. After these two State approvals, a final bond resolution will be
adopted by the IDA.
FISCAL IMPACT: All costs and obligations promulgated by the preparation and issuance of
industrial development bonds including legal fees, underwriting fees, letters of credit, City fees
and expenses, etc. shall be paid by the applicant. There will be no costs to the City other than
staff time involved in the review and preparation of documents for City approval. The Industrial
Development Authority will receive a fee of 1/8 of 1 percent or $5,000 based on a $4.0 million
bond issue to cover these costs.
[C,IWP51ICOUNCILIBONDS.113]
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NOTICE OFPUBUC HEAroNG
NOTICE IS HEREBY GIVEN that on September 10, 1991 the City Council of
the City of Chula Vista will hold a public hearing with respect to the proposed issuance by the
Industrial Development Authority of the City of Chula Vista of industrial revenue bonds in an
amount not to exceed $4,000,000 for the purpose of assisting in the fmancing of a facility to be
leased and operated by Gold Coast Engineering, Inc., consisting of real and personal property,
constituting the acquisition, construction, and equipping of industrial buildings having
approximately 71,000 square feet, to be located on Otay Valley Road between Maxwell Road
and Nirvana Avenue, and to be used as manufacturing facilities.
The hearing will commence at 6:00 p.m., and will be held in the City Council's
Chambers at 276 Fourth Avenue, Chula Vista, California. Interested persons wishing to express
their views on the issuance of such bonds or on the nature and location of the facility proposed
to be financed will be given an opportunity to do so at the public hearing or may, prior to the
time of the hearing, submit written comments, to the Department of Community Development,
276 Fourth Avenue, Chula Vista, CA 91910.
~~
Chris Salomone, Community Development Direct and
Secretary to the Industrial Development Authority
Dated:
Au~ust 19. 1991
[c:\wps IIlDAINarICE-4.TXT]
"i dech,e under penolt" of perjury that I am
G,w:lc' 'ed b.' t".e City of Chula Vista in the
Cc;;-;mlu;: ~.. :)ev~~o~ment De'.:'c.~tm2nt and that I posted
ti~i3 .I}..r::en:~c!: 'OtiC0 on tl"!c B:..:;!etin Scud at the
f'''Cliper~:as Building d ,'ity Hall n
DP,TE I 'lISiGNE
JUN-12~91 WED 12:06
COMMUNITY DEVELOPMENT
FAX NO. 6194765310 P. 02
-~
EXHIBIT C
THE CI1Y OF CHULA VTSTA PARTY DISCLOSURE STATEMENT
<)tatement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
.vhich will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, le., contractor,
subcontractor, material supplier.
Charl..s F. SlJth..rland
Donald R. Palumbo
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.
Donald R. Palumbo
Charles E. Sutherland
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 (rust.
N/A
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 L If yes, please indicate person(s):
Please identify each and every person, induding any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
Robert A. Schroeder
Scott Cairns
Have you and/or your officers or agents, in the aggregate, contribuled more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No L If yes, state whicb
CounciIrnembcr(s):
',on is deIined as: "AllY individual. firms co.parfJ1ership, joint VC/l(UI1!, a..Hociotion, .ftXial club, !ratenla( organization_ corporoti(JIl,
7ce. (msl, TCCeio,;~lj syndicate, tit is Qlzd allY other COllntys city (md COWltrys dty, Immi(,ljJoli(v, dij'flict 0' other political subdivi.rioJl,
my o(!ler group or combination acting as a unit."
JTE: Attacb additional pages as ntce.>>a,y)
lI~q
/ / /f!!L . L-fRE.~\O€"'T'<;CE
Signature of contractor/applicant
Sutherland/Palumbo, a California Partnership and for
Gold Coast Engineering Inc.
t.c:
JUIVt:
12., l"t "I (
D....:n' ....._ ....__
DRAFT
MINlITES OF A SPECIAL MEETING OF 11ffi INDUSfRIAL DEVELOPMENT AUTIlORflY
OF 11ffi CITY OF CHULA VISTA
Tuesday, August 13, 1991
9:05 p.m.
Council Chambers
Public Services Building
CAlL TO ORDER
1. Chainnan Nader stated that all councilmembers were present except Member Malcolm.
2. APPROVAL OF MINlITES: None submitted.
CONSENT CALENDAR
No items submitted.
PUBlJC HEARlNGS
This being the time and place advertised, the public hearing was declared open.
There being no public testimony, the public hearing was declared closed.
ORAL COMMUNICATIONS
None
ACTION ITEMS
3. RESOLUTION 22 MAKING DETERMINATIONS WIlli RESPECT TO 11ffi FINANCING OF
FACIlJTIES FOR GOLD COAST ENGINEERING, INC. AND SU1HERLANDIPALUMBO, A CAIJFORNIA
GENERAL PARTNERSHIP, AND AUTIlORIZING EXECUTION OF A PRElJMINARY AGREEMENT FOR THE
ISSUANCE OF INDUSfRIAL DEVELOPMENT BONDS--The Redevelopment Agency approved a Special Permit
on behalf of Gold Coast Engineering, Inc., to develop a five acre site at the northeast comer of Maxwell Road
and Otay Valley Road in order to expand their nearby manufacturing facilities. The company seeks to pursue
industrial development bond financing for the construction of this project. IDBs are tax-exempt bonds issued
by the Industrial Development Authority on behalf of an eligible applicant. Gold Coast Engineering, Inc.,
and Sutherland/Palumbo, a California General Partnership, has submitted an application for same. Staff
recommends that the Industrial Development Authority adopt the resolution making determinations with
respect to financing the facilities for Gold Coast Engineering, Inc., and Sutherland/Palumbo, a California
General Partnership, and authorizing execution of a preliminary agreement.
Staff report was presented by Fred Kassman.
RESOLUTION OFFERED BY MEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absent.
\\..;
Minutes
August 13, 1991
Page 2
4. DIREcrOR'S REPORT . None
5. CHAIRMAN'S REPORT. None
6. MEMBER'S COMMENfS . None
OTHER BUSINESS
ADJOURNMENf
The Industrial Development Authority meeting adjourned at 9:10 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by:
Carla J. Griffin, Administrative Secretary
\\ -~
RESOLUTION NO. ~
A RESOLUTION APPROVING A PROJECT FOR GOLD
COAST ENGINEERING, INC. AND SUTHERLAND/
PALUMBO, A CALIFORNIA GENERAL PARTNERSHIP
WHEREAS the Industrial Development Authority of the City of Chula Vista (the
"Authority") has accepted and filed with this City Council an application from Gold Coast
Engineering Inc. (the" Applicant") requesting that the Authority issue its revenue bonds pursuant
to the California Industrial Development Financing Act, being Title 10 of the California
Government Code, as supplemented and amended (the "Act"), to finance the construction of
certain facilities (the "Project") to be owned by Sutherland/Palumbo, a California General
Partnership (the "Owner") and leased to the Applicant; and
WHEREAS the Board of Directors of the Authority has made the determinations
required to be made by it pursuant to Section 91530 of the Act preliminary to the issuance by
the Authority of such revenue bonds; and
WHEREAS this City Council has considered the information contained in the
aforesaid application and has considered the determinations of the Board of Directors of the
Authority; and
WHEREAS pursuant to Section l47(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), the Bonds are required to be approved, by an elected representative of
the issuer of the Bonds, following a public hearing; and
WHEREAS this City Council is the elected legislative body of the City of Chula
Vista, and is the "elected representative" of the Authority; and
WHEREAS the Project is located wholly within the City of Chula Vista; and
WHEREAS this City Council has caused a notice to appear in the San Die!!o
Union, which is a newspaper of general circulation in the City of Chula Vista, on August 24,
1991, to the effect that a public hearing would be held by this City Council on September 10,
1991 regarding the issuance of the Bonds and the nature and location of the Project; and.
WHEREAS this City Council held the said public hearing on such date, at which
time an opportunity was provided to present arguments both for and against the issuance of the
Bonds and the nature and location of the Project;
\\-1
NOW, THEREFORE, the City Council of the City of Chula Vista do[es] resolve
as follows
Section 1. The City Council hereby approves the Project, subject to fulfillment
of all requirements under the Act, and approves the issuance of revenue bonds of
the Authority in an amount not to exceed $4,000,000 to finance costs of the
Project, which bonds and the interest thereon shall be paid from revenues
received by the Authority from the Owner pursuant to a financing agreement with
respect to the Project to be entered into between the Authority and the Owner.
This resolution shall constitute both "host" and "issuer" approval of the Bonds
within the meaning of Section 147(f) of the Code.
Section 2. The Clerk or a Deputy Clerk is hereby directed to certify and deliver
this Resolution to the Authority.
Section 3. This Resolution shall take effect immediately upon its passage.
The foregoing Resolution was passed and adopted by the City Council of the City
of Chula Vista on September 10, 1991, by the following vote:
AYES:
NAYS:
ABSENT:
Presented by
QL
Approved as to for
/L~
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
J
ATTEST:
Beverly Authelet, City Clerk
IC ,I WP51 ICOUNCILIBONDS .RES]
\\ - ~